Loading...
HomeMy WebLinkAbout1955SELECTMEN'S MEETING January 3, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Btailding, on Monday evening, January 3, 1955 at 7:00 P.M. Chairman Reed, Messrs. Gay, Bateman, James and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Thomas C. Morris research chemist, 3 Robbins Road, was drawn. Mr. Carroll retired, and Mr. Burns, Supt. of Public Works, met with the Board. Juror 537 Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for permission to remove and relocate one pole Pole on Adams Street. location Mr. Burns approved the location and upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to approve the following j/o pole location: Adams Street northwesterly side, ap- proximately 400 feet northeast of East Street, -- One pole. (One existing j/o pole to be removed.) The Chairman read a letter from the Mystic Valley Gas 'Company re proposed location of a four -inch steel gas main in Waltham Street to replace the present two- inch line now in use to supply the High School. Gas main Mr. Burne explained that this is actually a re- location quest for a street opening permit. Mr. Bateman expressed displeasure in re Condition of streets following location of mains by the gas com- pany and said he would like to have something done about the situation. Mr. Burns explained that the streets cannot he replaced with permanent hot top this time of the year due to the cold. Permission was granted as requested. The'Chairmen read a letter from the County Com- missioners inquiring when entry had been made on the Date of public way laid out in the towns of Lexington and entry Winchester beginning in Winchester at a point on Ridge Street near Johnson Road. 538 Mr. Burns reported the date as October 4, 1951. The Chairman read a letter dated January 2, 1955 Adams St. received from Donald M. Fifield with further reference sidewalk to the construction of a sidewalk on Adams Street. It was the opinion of the Board that no reply is necessary. Mr. Stevens, Town Counsel, arrived at the meeting at 7:30 P. M. Mr. John Brucchi, 63 Paul Revere Road, met with the Board. He said he understood the sewer was going up Paul Revere Road. The Chairman said that it cer- tainly will not be this year or even next year. Mr. Brucchi said he has been talking about the entire development ih his area and that the State and Brucchi re Board of Health have proved that there is sewage going sewer through his property. He said he would not have to pay for the sawer when it goes through. He stated that he was talking with his lawyer, Dan Lynch, who advised him that he could have the pipe plugged up in ten days, and if he does that some of the homes will be flooded. He said it would cost him $2500 and perhaps he could earn it. He said he understood the Dog Officer receives $800 and the State pays for keeping and disposing of dogs. If he were appointed Dog Officer he would let the salary accumulate and pay for the sewer. The Chairman explained that the salary for the Dog Officer is 235 and further stated that it has nothing to do with the subject under discussion. He said he did not think any such arrangement would be made. The Chairman explained that a trunk line is in- volved which will not be for another year or year and a half And then the laterals will have to be put in. He stated that Mr. Brucchi would have to pay only for the length directly in'front of his house and the balance could be deferred until such time as the property is sold, built upon or the sewer used. The Chairman said that the Board is aware -of the conditions, but the solution is not to plug up the pipe brctUse then thirty or forty families would be involved. He said that there is a solutifn, not the best, but one that will help until such time as the -sewer is available. He presented a plan, submitted by Mr. Burns, as to what the beat solution is for the present and Mr. Brucchi asked when the work would be done. The Chairman replied that it will be started as soon as the town obtains easements from those individuals owning land through which the pipe is to be laid. Pmmul C. a 1 1 7.7 Mr. Brucchi said that this solution would not prevent the sewer from being installed and a betterment assessed against hili. The Chairman explained that eventually the sewer will be installed whether Mr. Brucchi wants it or not. It may not be for five or ten years. Mr. Brucchi-stated that he thought the .solution proposed by the Board would take care of the situation. Mr. Brucchi retired at 7:55 P.M. The Chairman read a letter from Commissioner Hawes, State Department of Agriculture, stating that he had been informed that the specifications re collection of garbage in Lexington do not include any clause re- quiring the garbage to be cooked. Be asked if the Board would re -write the specifications in an effort to helptthe Department enforce the cooking of garbage. Mr. Stevens said that inasmuch as the specifica- tions are already out, returnable next Monday, the Board would have to put out an adendum and give the bidders more time if any change. is to be made. He ex- plained that there is nothing to prevent a collector from collecting the garbage and then selling it to someone who cooks. The Town Counsel and the Board were of the opinion that it is not 'up to the Town to try to enforce the law re cooking garbage and Mr. Stevens agreed to draft a reply to Mr. Hawes letter. Messrs. Stevens and Burns retired at 8:10 P.M. 539 Letter re; Cooking Garbage Chairman Roeder and Mr. Fitzgerald, of the Board of Fire Commissioners, met with the Board to discuss budgets. Fire Dept. The Chairman explained that the Board had a Budgets question relative to the items Fire Fighting Equip- ment and Maintaining Apparatus and Equipment. Mr.' James said that the explanation sheet indi- cates that on Fire Fighting Equipment, the request is for $200 more than the usual amount and he would like to know what the $600 is for. Mr. Roeder explained that the $600 is regular maintenance for fire fighting equipment.' This year they replaced two adapters on the foam pipe and it includes such items as buying for chimney fires, re -charging the C0-2 extinguisher, foam, refills for the dry powder ex- tinguishers, repairs to extinguishers, hydraulic wrenches, new blades for wire cutter, hand light batteries, repairs to the different pieces of apparatus on the different trucks. 540 Recreation Budgets Licenses He explained that the Maintenance of Apparatus and Equipment is maintenance of motors and all parts the trucks. He mentioned pumps, batteries, lights, radiator cleaner, chains, spreaders and fuses. The Chairman asked why the Commissioners con- tinue with the present fire. alarm system when there is another type system being used. Mr. Maloney asked how many calls come in from the boxes over a period of a year and Mr. Roeder re- plied that 85% dome in on the telephone but starting in May they will drop. The telephone operators now listen in on the calls but with the. new dial system t the people will have to learn to use the boxes. The Commissioners retired at 845 P.M. Chairman Crerie, Mrs. Morey and Dr. Foley, of the Recreation Committee, met with the Board. The Chairman explained that they had been invited in to discuss budgets. Mr. Crerie explained that the Committee has to take over the maintenance of the pool from the Park Department so this particular item is increased about $700. That is the amount paid by the Park Department last year but the people no longer want to do it. The item is merely in the Recreation'bu dget this year where it was in the Park budget last year. Mr. Crerie referred to the item of $10,000 for acquiring and developing'new play areas. He said that the Committee has nothing definite in niidid, but Mr. 'Burns is going to prepare a map for the Planning Board and the Recreation Committee so that they can pinpoint various places in town"where they would like to bring this program into effect. The Chairman explained that the Committee would have to have definite areas, options and prices for Town Meeting. The group retired at 9:35 P.M. and Mr. Stevens returned to the meeting. Upon motion of Mr. James, seconded by Mr. Bateman, it was voted 6o grant the following licenses: Countryside, Inc. 1400 Lowell Street Common Viet. Minute Man Restaurant 1715 Mass.. Ave. '� n Letter was received fromi the Town Manager Com. e ttee, together with draft of an article to be in- serted in the warrant for the Annual March Meeting. Messrs. Stevens and Burns retired at 10.00 P.M. 1 1 54/ The Chairman brought up the subject of Building and Plumbing Inspector and reported that it is his un- derstanding Mr. Lindstrom will not be back for some Building & time as it will be three or four weeks before he can Plumbing even be allowed up. The present substitute cannot get Inspector along on $60 a week and is now holding up on his own work. He will continue for a couple more weeks but then he will have to worTy about his own work. He does not feel that the work of the Building Inspector is part time. The Board discussed a leave of•absence for Mr. Lindstrom and appointment of a substitute for that period so he would know just where he stands. Mr. Burns mentioned that Mr. Lindstrom might come back as Plumbing Inspector, inasmuch as that position is under Civil Service, and then the Board could appoint a Building Inspector. He said if Mr. Lindstrom does come back, the Board vex* definitely will have to have a man for each job and will have to pay both an average of $100 per week. The meeting adjourned at 10:20 P.M. k true record, Attest: Ze/-47741 rSe etme 542 Garbage contract Budgets SELECTMEN'S MEETING January 10, 1955 A.regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening,_ January 10, 1955 at 7:00-P., M. Chair- man Reed, Messrs. Gay, Bateman, James and Maloney were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. See1ed bids for collection and disposal of garbage, effective April 18, 1955, were opened by the Chairman and read as follows: Stanley 159 New Roketenetz, Inc. One year Boston St., Woburn Two years Three years Walnut Farm Trust 25 Walnut St., Lexington Leonard Collins 1315 Bridge St., Dracut First year Second year Third year First year Second year Third year 33,300 33,50o 33,700 36,000 38,000 0,000 22,8,E 22,838 22,838 Coo 1 Mr. Leonard Collins came into the meeting at 7:10 P.M. and in reply to question by Mr. Gay ex- plained that part of the garbage collected is cooked in a truck piped for the purpose and part of the garbage is taken to Woburn for disposal. Mr. Collins retired. Upon motion of Mr. Bateman, seconded by Mr. Maloney, it was unanimously voted to award the contract for col- lection and disposal of garbage to Leonard F. Collins, for a three-year period at his quotation of $22,838 per year. The Chairman read Mr. Stevens' reply to L. Roy Hawes, Department of Agriculture, with reference to request that the Board revise its proposal inviting bids for a garbage collection contract "so that only hog growers who are cooking garbage will be eligible to bid on the collection contract". Letter was received from the State Department of Natural Resources recommending an appropriation of $5,000 each for Insect Pest Control and Dutch Elm Disease. Letter was received from E. J. Harris, 814 Reed Street, offering $50 each for lots 32 and 33 Poplar Street. Before arriving at a decision on the offer the Board is to view the property. Mr. Harold E. Stevens, Town Counsel, arrived at the meeting at 7:30 P.M. The Chairman read a letter from A. B. West, .33 Oak Street with reference to lots 147, 48, 49, 50 and 51 bordering Hillside Avenue. Mr. West would like the Town to purchase lots 47 and L9, which he now owns, and sell him lot 48 and what is, left of lots 50 and 51. He offered $300 for lot 48 together with what is left of lots 50 and 51 provided he is granted permission to consider this as one parcel fronting on Oak Terrace, further providing water and sewerage is available and the assessment remains the same until such time as he can dispose of the property. Mr. Stevens advised that the Town cannot .go into the real estate business, but if the tax title property owned by the town were sold to some interested indivi- dual, Mr. West could then bargain with the. purchaser. No decision was made. Mr. Stevens retired at 7:55 P.M. Budgets were discussed with Mr. Burns until 8:10 P.M. at which time he retired. 543 Tax title West re: Tax title Messrs. Albertine, Clifford, Gagne, O'Connor and Budgets Toomey, Lexington Allied Veterans' Council, met with the Board to discuss budgets for Patriots' Day, Mem- orial Day and Veterans' Day. The Chairman explained that the Board would like to have a bigger celebration this year than that which April 19th is ordinarily held, this being the fifth year.. He ex- celebration plained that the Board also has in mind more partici- pation_by the community and possibly financial aid from the civic organizations. He said the Board would like to include representatives from these groups on the committee which will be appointed to formulate the plans. It was agreed that the Selectmen would write a letter to the Rotary Club, Chamber of Commerce, etc. asking those organizations to appoint a delegate and alternate to work with the Allied Veterans' Council in arranging a celebration for April 19th. The group retired at 9:00 P.M. The following members of the Personnel Advisory Committee met with the'Board: Chairmai Chapman, Messrs. 544 Day, Emerson, Hoyt and Simonds. The Chairman complimented the Committee on its excellent report and stated that it was very evident much time, had been devoted to the subject. Mr. James mentioned that in the first report the Personnel Committee had a summary of classification of depart Advisory ments and asked if there were any of those enough Committee alike so that they could be combined. Mr. Chapman replied in the affirmative and referred to the third paragraph of the report under Office Pay. He explained that the Committee thought the difference was in those jobs that had not only clerical require - tents but additional skill. Mr. James asked, as the report is gone through this evening, if combinations could be made now. Mr. Chapman replied that his Committee is not ready now. They do have something concrete in re department heads, and would like to see if the classification de- scribes the job and if people line up to the classifi- cations. Mr. James said he would like to see a report with say three classifications giving salary range for each and if possible, would like it in time to consider for this year's budget. Mr. Chapman explained that the committee is not re- commending an overall increase but a few adjustments. He said he would try to accomplish what the Board wants and have something definite to submit two weeks from tonight or January 31st at the latest. The Committee retired at 9:145 P.M. The Chairman Lead a letter from Alfred P. Tropeano advising that his client will accept the terms out- lined by the Board in a letter dated December 28, 19514 in regard to tax title properties on Oak and Eastern Tax title Avenues., property A proposal to sell the lots was advertised in the December 29, 1951 issue of the Lexington Minute -Man, but no persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Bateman, seconded by Mr. Gay, it Was voted to sell and convey Lots 56-61 inclusive, Farlan i d Avenue; : 1 ots 117 and 118 Oak Avenue; lots 8 14, 15 and 16 Eastern Agenue to Mr. Caterino for the sum of $15001 lot 8 Eastern Avenue to be combined to make a suitable.building lot. Bond Letter was received from Ethel U. Rich, Collector of approved Taxes, together with bond approved by Commissioner William Schan on behalf of Reginald L. Roberts, Deputy Collector. 1 545 Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to approve Bond No. 150117 on behalf of Reginald A. Roberts, as Deputy Collector, in the amount of $1,000, for a period expiring December 31, 1955. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to sign Certificate of Incorporation appli- Cert. of cation on behalf of Benjamin Thompson, et al, residents Inc. of Moon Hill Road area, all having been investigated by the Chief of Police. Upon motion of Mr. Bateman, seconded by Mr. GEV, it was voted to grant the following uses of halls Mdsx. Health Assn. Estabrook Feb. 23 Boston Mkt. Gardners Cary Feb. 26 Lex. Public Schools Cary May 13 Lex. Methodist Church Cary Nov. 5 Minute Man Girl Scouts Conf. Rn.. Jan.114 4-H Town Committee Cary April 20 Discussion Banquet Concert Fair Meeting Exhibit Uses of halls Upon motion of Mr. Maloney, seconded by Mr. Bateman, Licenses it was voted to grant the following licenses: Highland Farm Market )21 Lowell Street Common Victualler Geoffrey's Pharmacy 316 Marrett Road Common Victualler Upon motion duly made and seconded, it was voted to sign the following deeds, prepared by Town Counsel, con- veying various parcels of tax title property: Lots 527-533 inclusive, Asbury Street to Benjamin H. Golini and Ann Cronin Golini, husband and wife, as tenants by the entirety. Lot 1614 Ledgelawn Avenue to Ronald A. Schuler and Dorothy M. Schuler, husband and wife as tenants by the entirety. Lot 7 Eastern Avenue to Manuel Souza and Grace C. Sousa, hv.sband and wife, as tenants by the entirety. The meeting adjourned at 10:10 P.M. A. true record, Attest: Tax Title Property 546 SELECTMEN'S MEETING January 17, 1955 A. regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, January 17, 1955 at 7:00 P.M. Chairman Reed, Messrs. Gay, Bateman, James. and Maloney were present. Mr. Burns, Supt. of Public Works, and t he Clerk were also present. The Chairman read a letter from the Board of Appeals re variance granting the First Congregational Harrington Society, Unitarian, to use the rear portion of the Road present Rowse land•on Harrington Road for a_.parking area. The purpose of the letter was to express the Board's positive belief that Harrington Road should be made a one-way street•. • Guy wire location Petition was received from Boston Edison Company for approval of guy wire and anchor location on the Cambridge -Concord Highway. Mr. Burns explained this is merely tying back a dead end line and the property on both sides belongs to the City of Cambridge. Upon motion of Mr. Ggf, seconded by Mr. Maloney, it was voted to grant the petition and•sign the order for the following guy wire and anchor location: Cambridge -Concord Highway, from a pole located opposite Mt. Tabor Road, Guy wire and anchor Petition was. received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for approval of guy wire, anchor and five poles on right of wAy running from Massachusetts Avenue to Guy wire Roosevelt Road. and pole Mr. Burns explained this location is on the road locations going to the new Maria Hastings School. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant the petition and sign the order for the following guy wire, anchor and pole locations: Right of way running from Massachusetts Avenue to Roosevelt Road. Guy wire and anchor - five poles 1 The Chairman read a letter from Mr. H. K. Mac- Kechnie, 12 Winthrop Road, expressing thanks for the Boardts letter of Decmeber 20 clarifying the -status as respects rights of way pertaining to the so-called Engstrom Drain. Letter was received from Commissioner John A. Volpe advising that the following allotments have been approved, contingent upon local action, relative to Chapter 90. Hill Street Concord Avenue Maintenance State Town County $16,5o0 $8,25o *8,250 • 1,000 1,000 1,000 The Chairman read a letter from Ethel M. Padden, ){88 Marrett Road, requesting the town to place benches down by the Old Lexington Reservoir on Marrett Road and also the installation of a bright light. Mr. Maloney reported that he understood a local businessman was going to take care of the lighting. The request for benches was referred to the Recreation Committee. 547 Chapter 90 Reservoir Mr. Burns.explained that the police officers are now using the Public Works Building for a shooting Shooting gallery but the portion of the building they use is gallery for not heated. Lieutenant Corr has inquired about using police space in the boiler room, Cary Building. However, this would necessitate removing the partition in the coal bin. Mr. Burns explained that it is not a bearing wall and he would not have any objection. The officers are willing to do as much of the work they can themselves. Mr. James inquired about the number of times it would be used and Mr. Burns replied that the men would use it every week. The Chairman asked how the men would get into the building and Mr. Burns replied they would use the rear door. He said.it would not interfere with any other activity in the building and even if it did, the prac- tice could be postponed until some other evening. The Board had no objection, but Mr. Bateman said he would like to look at the place first. At 7:30 P.M. Messrs. Wadsworth and Smith met with the Board re additional land for Franklin School. 548 Mr. Smith presented a blue print of the school Franklin plot now owned, and what the Committee would like to School acquire. He explained that to enlarge the building land to the extent the committee thinks it should be, will require another acre and a half of land. He stated that Mr. Greeley has laid the building out in, what in his opinion, is the best way. He said that in order to obtain the play area and also to meet the State Building Assistance Commission's requirements, the logical procedure would be to extend the corner down. The Chairman said that at the time he discussed the subject with Mr. Swenson, he was not aware of this present proposal. However, he felt he would be co- operative and agreed to discuss the matter further with him. Messrs. Wadsworth and Smith retired at 7:35 P.M. Mr. Stevens, Town Counsel, arrived at the meeting. Chairman Roeder, Messrs. Fitzgerald and Sheldon, Fire Commissioners, met with the Board. Mr. Roeder presented the Chairman with a letter, Aerial signed by the Commissioners, to which was attached a ladder copy of an inspection report that has just been made of the present condition of the aerial ladder. The Chairman read the report, signed by William J. Kelly and David I. Driscoll, Maintenance Division of the Uity of Boston Fire Department. According to the report the ladder has a very bad twist and leans to the left when fly ladders are extended, top fly ladder has both spars distorted, on the left side rail of the butt ladder the weather has penetrated into the wood at the lag bolts that hold the runners to the main spar. The report stated that the ladder could not be tested until the conditions have been repaired and it is their opinion that in its present condition it is not safe to use above the butt ladder due to the dis- tortion of the ladder. Mr. Roeder explained that the Commissioners re- quested the inspection; if it tested all right, they would forget it but if it did not test all right, they would come back and see the Selectmen. The Commis- sioners are now wondering what to do as they feel they should restrict the upper sections of the ladder. If they restrict it, they will be protecting the men but will not have the facility of the longer ladder. The Chairman asked how long the ladder had been in its present condition and Mr. Roeder replied that the Commissioners didn't know. It has been involved in three different accidents. Comi CL. 1 549 He said a year ago Moulton put in a spar and at that time it was supposed to have been gone over and in A -]L condition. The Chairman said that the ladder has been in use as it is now for some period of time and asked what prompted the request for a change. Mr. Roeder replied that the Engineers have re- quested it for two years -because since the spar was replaced it has leaned to the left. • He said when the item was included in the Capital Expenditures budget this year, they did not know- it was in as bad condi- tion as it is. The Chairman asked if the Commissioners were un- animous in the opinion that the ladder should be re- placed. Messrs. Sheldon and Roeder replied in the affirm- ative. Mr. Gay asked if Moulton inspected the ladder and Mr. Roeder replied in the affirmative. Mr. GET asked if he said it was all tight and Mr. Sheldon replied that he repaired it so naturally he would say it was all right. He said that as far as he personally is concerned he would weigh the opinion in this letter far greater than Moultonts opinion. Mr. Roeder said that there is no question but that Moulton knows ladders, but he does not think he knows what is required by the Underwriters. Mr. Bateman inquired about the cost of remedying the twist. -Mr. Roeder said they asked how much it would cost to put on•a new side on the butt section and were told that one piece not finished would cost $1,000 which would not correct the two top sections or take out the twist. The Chairman asked how they knew it was unsafe if they have not tested it and Mr. Sheldon replied that they are afraid they might break the ladder. Mr. Sheldon said that he, as a member of the Board of Fire Commissioners, does not feel this piece of equipment is safe; the Selectmen dould do exactly as they want and the Commissioners will do as the Selectmen want them to. Mr. Maloney asked how t he men felt about it; if they felt it was unsafe. The Chairman said what bothered him is the fact that when the budget was originally presented nothing was said about the ladder being unsafe; this all came about after he informed Mr. Roeder that the,Seleetmen had not approved the item. Mr. Roeder said t hat Driscoll and Kelly went over the ladder section by section, took it -out, raised it 550 as high as it would go and then brought it down. It definitely had a twist in it. They examined it and when he asked Driscoll for his opinion, he said it was unsafe for further use. Mr. Maloney asked how Chief Engineer Cook felt and Mr. Fitzgerald replied that he thinks it is safe. Mr. Maloney. asked if he had checked with any other men who use it and Mr. Fitzgerald replied in the affirmative. He said that out of five men, one said if he were ordered to go up he would go; two of them said it was unsafe. The Chairman said that the Commissioners obvious- ly want to condemn the ladder anyway so if it is tested and breaks it won't make any difference. He said if the ]Ladder breaks during a test, the Commissioners would not be any vm rse off than they are, now as they want it condemned immediately. Mr. Roeder said all the Commissioners want to do is to make sure it is safe for the men. He said if the town does not want to spend the money, the Com- missioners want to go on record that they do not feel the ladder is safe. The Chairman said the Selectmen do not want the men working on the ladder if it is unsafe, but they want to be shown that it is unsafe. He said they w uld discuss the subject with the Appropriation ;Com- mittee later in the evening, and advise the Commis- sioners of the decision tomorrow. Mr. Roeder said a new truck would cost 014,500 and the allowance on the present truck is $14500. The Commissioners retired at 8:30 P.M. Mr. Burns, Supt. of Public Works, returned to the meeting. Letter was received from the U. S. Army Engineers re closing a portion of Wood Street, Mr. Stevens said that he has checked this and a Mr. Stewart contends that they did take the fee in the street, but that they regularly make their takings sub - Closing ject to such easements and therefore the taking did not Wood St. take the right of passage in that way. The Bedford end is closed and therefore he, Mr. Stevens, could not see how there would be any damages against Lexington. He said if that is the situation, and he assumes it is, if the town petitions the County Commissioners to aban- don that part of the road they will hold a hearing. If they do abandon it, it will free the road of the easement. He said that it was laid out as a County way and a County never takes more than an easement. He said he could see no objection and would not, worry about damages. 1 551 Both Mr. Burns and Mr. Stevens agreed to obtain more information on the subject. Mr. Stevens retired at 9:00 P.M. Mr. Burns submitted a figure of $76,500 for the Pumping pumping station, which is to be a separate article in station the warrant. Mr. Burns referred to miscellaneous sidewalks as possible 1955 projects and submitted a figure of $6500 for Massachusetts Avenue, Waltham Street and Adams Street. This figure is based on shoulders and no curbing. Mr. Burns referred to sidewalk construction on School Streetand presented the following possible methods to follow: Granite curb on both sides and bituminous $ 23,750 concrete sidewalks on both sides Granite curb on both sides and gravel on both sides Granite curb on one side, bituminous con- crete on one side Granite curb one side and gravel on one side Bituminous curb on both sides and hot top on both sides Bituminous curb on one side and hot top on one side Bituminous curb on both sides and gravel both aides Bituminous curb on one side and gravel on one side 18,750 11,875 9,375 17,500 8,750 12,500 6,250 Sidewalks Mr. Burns said that he recommends granite on one side and gravel on one side, $9,375. He explained this does not include the cost of the land. Mr. James said he would be in favor of having granite on one side and bituminous concrete on one side, $11„875. Upon motion of Mr. Gay, seconded by Mr. James, License it was voted to renew a First Class Agentts license to 552 Uses of halls Streets Lekington Grange delegate li April 19th ! Committee Appropriation Committee re budgets Municipal parking are a Morris Motors, )400 Waltham Street, Lexington. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to grant the following uses of halls: Lex. Police Relief Conf. Ri. a: a. a r St. Brigidts Parish League of Women Voters V. F. W. Cary Hall Estabrook Cary Jan. ]1.8 Meeting first Tuesday of each month Feb. 21 Minstrel Feb. 22 Minstrel Man. 3 Meeting Aji ;. 18 Dance Upon motion of Mr. Bateman, seconded by Mr. James, it was voted to sign notices of intention to lay out the following streets: Bertwell Road, Bridge Street, Fuller Road, Sherburne Road, Brandon Street, Fottler Avenue, Hayes Avenue and Crosby Road. The Chairman read a letter from Michael T. Curran, Master of Lexington Grange, advising that Ernest Hunt, 47 Farmcrest Avenue will act as the Grange delegate to work with the Allied Veterans' Council in planning the observance of April 19th and Mr. Clayton Morse, 21 Sherman Street will act as alternate. Letter was received from the Lexington Allied Veteranst Council informing the Board that the follow- ing individuals will serve on the April 19th Committee: George Foster, Connell Albertine, Malcolm Clifford, Daniel O'Connor, Maurice A. Gagne,and David F. Toomey, At 9:25 P.M. the following members of the Approp- riation Committee met with the Board.: Chairman Fer- guston, Messrs. Read, Clark, Biggs, MacDonald, Madden, Fisher and Walker. Miscellaneous budgets were discussed until 11:00 P.M. at which time the Planning Board arrived at the meeting. Mr. Adams said that he would like to discuss the municipal parking lot. He and Mr. Burns have con- tacted about three quarters of the land owners. They were co-operative without a final discussion of figures. The other day one of them reversed his feeling and thought the Town was asking too much for assessed valu- ation plus 20%. He has conversed with others and think- ing is in a flux. He said that time is short and the Planning Board feels that the municipal parking lot is lamy 1 1 553 vital to the business health of the town. They also feel the expense involved should be paid for by park- ing meter funds; using the present funds and borrow- ing the rest, parking meter receipts to pay for it. There is about $15,000 available now and the balance could be bonded for six years. To do the drainage, lighting, etc. it will cost roughly $25„000 leaving a balance of $45,000 to purchase the land. He asked if the approach now was to go to the men with the en- tire story. Mr. James asked what the back land is assessed for and Mr. Adams replied that it is: 14 per foot. He said that there isn't any property owner who•will not benefit from the parking area. The Chairman said he thought the Board of Select- men feel that the project should be started. Mr. Adams said that to cover the expenses of the town there should be both parking areas and light manu- facturing. Mr. Maloney asked if the Planning Board intends to make a taking if the property owners do not agree and Mr. Adams replied that if they had to take seven out of eleven it would be very expensive. The Appropriation Committee and the Planning Board retired at 11:05 P.M. The Chairman reported that the State engineers had requested permission to set poles on Weston Street and Pole Concord Turnpike, Route a, prior to.granting a petition location to be submitted by the Boston Edison Company. The Board had no objection. The Chairman reported that Mrs. 'E1izabe0: Yaaner,? 511ReedStreet was taken to the Symmes Arlington Hos- Ambulance pital in the town ambulance. Mr. Collins, Welfare Agent, had inquired into the possibility of the Board abating the charge. Mr. and Mrs. Maxner are both about eighty years of age, have lived in Lexington for many years and although they are not receiving aid, it will be a financial hardship for them to pay the bill. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted not to render a bill to Mr. Maxner for the use of the ambulance. It was agreed to meet again tomorrow night to dis- cuss budgets further. The meeting adjourned at 11:10 P.M. A true record, Attest: )4,/ ler , S ectm4n 554 Jurors Town Meeting Sidewalk Insurance SELECTMEN'S MEETING January 2h, 1955 .A. regular meeting of the Board of•Selectmen was held In thh Selectmen's Room, Town Office Building, on Monday evening, January 24, 1955 at 7:00 P.M. Chairman Reed, Messrs. Gay, Bateman, James and Maloney were pres- ent. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two.jurors. Douglas S. Robertson, salesman, 11 Grapevine Avenue and Charles D. Hufton, laboratory technician, 162 Burlington Street were drawn for jury duty. Mr. Carroll retired and Mr. Burns, Supt. of Public Works, met with the'board. Upon motion duly made and seconded, it was voted to set the date of.March 1h, 1955 for the Adjourned Town Meeting. The Chairman read a'letter.from Donald M. Fifield with further reference' to the sidewalk on Adams Street. He stated that the question as to when the permanent sidewalk voted for in March 1949 is to be installed is still unanswered. It.wasthe unanimous opinion of the Board that there is no object in continuing the correspondence. The Chairman read a letter from Brewer & Lord ad- vising that they had taken the liberty of binding; from January lat, Fire and Extended Coverage Insurance on the Maria Hastings School to cover during construc- tion. In discussing the subject with Mr. Cole, they found that fire insurance of $549,000 should be carried and will therefore proceed to issue policies for that amount. Mr. Burns reported that the insurance figure for the 1955 budget is $28,401.18. , The Chairman Request for 16 Hilltop Avenue removal of town property and tree way to a house he Avenue. read a letter from Francis Coscia, requesting removal of a tree now on located in front of a proposed drive - intends to erect on Lot 63, Farmorest 1004 1 Before taking any action on the request, the Board will view the location. The Chairman read a letter from Mrs. Helen B. Sarano advising that she received a tax abatement of *16.50 on Lot 17 Barrymeade Drive. She stated that due to the fact the lot has been condemned by the Heeith Inspector it cannot be used for building pur- poses and she requested an abatement of the street and water assessment. Under the provisions of Chapter 1159 of the Acts of 11.950, it was voted to extend tkie time for payment of street betterment assessment on Lot 17, Barrymeade Drive in the amount of $3514.014, without interest, until said land or any part thereof is built upon, sold, or until the eviration of three years from the date here- of, whichever event occurs first. It was also voted under Chapter 159 of the Acts of 1950 to extend the time for payment of water better- ment assessment on Lot 17, Barrymeade Drive in the amount of $120.79, Without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, which- ever event occurs Tirst; 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. Mr. Burns said that the amount to be recommended for curbing installation in 1955 has not been definite- ly determined. If the Board goes along with the proposed areas, that is, both sides of Hancock Street from Adams Street to Bertwell Road; both sides of Massachusetts Avenue, Clarke Street to Lincoln Street and one side of Massa- chusetts Avenue from Plainfield Street tb Locust Avenue, the total amount, based on granite curb, is430,960. Mr. Burns stated that in these particular loca- tions he would recommend granite curbing in preference to black top. The consensus of opinion was that a flat sum of $4500 should be included in the 1955 budget and approp- riated; Mr. burns to do as much curbing installation as he can with that amount. 555 Deferred assessments Sarano lot Curbing Mr.•Burns referred to the proposed parking area at the rear of Massachusetts Avenue, between Waltham and Muzzey Streets, an area of 61400 square yards. He sub- Parking matted the figure of $33,750 for drainage, curbing, walks, area and fencing and'stated very definitely that this figure does not include any takings. 6-56 Mr. Burns referred to the proposed road from approximately opposite the Central Fire Station to Massachusetts Avenue. With a seventy foot taking, twenty foot parking, including the drain from Bedford Street to Stratham Road figures $70.80 per foot or $136,644. The other drain from Bedford Street to the railroad track'is $21,760 or a total of $158,14014. If a sixty foot taking is decided upon, it figures $56.50 per foot or $109,015 and $130,805 including drainage. He reported that these figures do not in- clude a water or a sewer main but are merely for con- structing the road. Cedar Street Mr. Burns referred to Cedar and School Street takings takings. It was decided.to use the amount carried over for Cedar Street and pay for as many takings as the money will provide. At 8:00 P.M. Mr. Reiss, of Reiss Associates Inc., met with the Board. Mr. James explained that Mr. Reiss would like to know about the possibility of having an article inser- ted in the warrant for the March meeting to re -zone a Manufacturing piece of property, now owned by Mr. Wagner, upon which zone he has an option. He would like to have the M-1 zone increased in size. Mr. Reiss said that he would like to have the Wagner property in its entirety zoned for manufactur- ing. He discussed the subject with the Planning Board last Monday and the suggestion was made that the piece of property bordering on Bedford Street be left out so that there would be no industry on Bedford Street. That proviso would be agreeable to him. Mr. James asked if he wanted an entrance from Westview Street and Mr. Reiss replied in the affir- mative. Mr. Bateman asked how much acreage is involved.: and Mr. Reiss replied that there are approximately eighteen acres that are not zoned. The Chairman said that he thought the Board would be receptive to inserting the article and Mr. Reiss retired at 8:25 P.M. Assessment Warrant was received from the County Commissioners re Middlesex advis=ing that the sum of $23,422.99 has been assessed Sanatorium against the Town of Lexington as its share in the main- tenance, operation and repair of the Middlesex County Sanatorium for the year 19514, payable on or before April 1, 1955. Messrs. Burns and Stevens retired at 8:145 P.M. Comil GL 1 557 The Chairman read a letter from the Division of Sergeant Civil Service advising that arrangements will be made examination to hold a competitive promotional examination for the position of Police Sergeant at the earliest possible date. The Chairman read a letter from Chief Rycroft advising that while on traffic duty at a fire on Woburn Street on January 21st, Officer John M. Barry slipped Injury to on the ice, fell and cracked his elbow. Dr. Harrington Officer notified the Chief on January 22nd that Officer Barry Barry will be disabled for approximately three weeks. Upon motion of Mr. Maloney, seconded by Mr. James, Cert. of it was v oted to sign a Certificate of Incorporation for Inc. David Goldberg, et al of Lexington, satisfactory char- acter references having been received from the Chtaf of Police. Letter was received from Elitabeth D. Haroian, Sec- retary of the Parent-Teacher Association Council, re- questing permission to conduct a Tag Day to raise money for the High School Scholarship Fund on Mpnday, March Tag Day 7th, Election Day. The Chairman reported that the only time permis- sion was granted for a Tag Day on an Election Day was in 1950 when it was granted to the High School Band. At that time it was definitely understood that no per- mit would be granted on an Election Day in the future. The Chairman was authorized to advise Mrs. Haroian that much criticism was expressed when the Board had granted a similar request some years ago'and since that time it has been the policy of the Board not to grant permits for Tag Days on any election day. However, if another date were selected, the Board would undoubbedly act favorably. Mr. James mentioned traffic congestion resulting in a dangerous condition in front of the Center School Traffic at when the students were coming out of the building after Center attending a dance. School The Chairman was authorized to call the matter to the attention of the Superintendent of Schools and sug- gest arranging to have the cruiser stop by or having an officer assigned to duty. Upon motion of Mr. Bateman, seconded by Mr. Gay, Use of it was voted to grant the following uses of halls: halls Lex. Council Girl Scouts Conf. Rm. Feb. 18 Meeting Lex. Council Girl Scouts Conf. Rm. Feb. 28 Meeting 558 School DeWartment Cary Hall June 10 Concert The meeting adjourned at 9:25 P.I. A true record, Attest: 1 559 SELECTMEN'S MEETING January 31, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 31, 1955 at 7:00 P. M. Chair- man Reed, Messrs. Gay, Bateman and James were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Maloney arrived at the meeting at 9:20 P.M. Mr. Donald Irwin met with the Board and the Chair- man explained that he had invited Mr. Irwin to be pres- ent this evening to discuss the situation in re the Building Department. Mr. Bateman said that Mr. Lindstrom expected to return to work a week from last Monday. Building Mr. Irwin explained that it is not too difficult Inspector for him to take over Mr. Lindstrom's work at the pres- ent time, but as the situation goes along instead of becoming less of a job, it becomes more of a job. He said that the work started by Mr. Lindstrom has been completed and now the work is his. However, at pres- ent there isn't too much doing, but as March approaches the work will begin to pick up. He said he understood Mr. Lindstrom to say he would be back this week if he received the doctor's approval. Mr. Bateman said that Mr. Lindstrom had made the remark that when he did come back he might not be able to handle the load himself for three or four weeks. Mr. Gay asked if Mr. Lindstrom would ever be back full time and Mr. Bateman replied in the affirmative. Mr. Irwin said that he would be willing to go along as Mr. Lindstrom's period of absence must be nearing an end and two or three more weeks will not make any difference. If he wants some help with the inspections when he does return, Mr. Irwin said he would consider it, and help him until he feels he is in a position to carry on by himself. Mr. Irwin retired at 7:10 P.M. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- Pole pany for permission to locate a pole on Lowell Street. location Mr. Burns explained that this is a location needed to service a new house and he recommended approval. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to approve the petition and sign the order 560 Paul Revere Road sewer Grove St. play area for the following pole location: Lowell Street, northeasterly side, approximately 395 feet southeast of Fairlawn Lane, -- One polel Petition was received from,residents in the Paul Revere Area re installation of sewers. The'Chairman was authorized to advise that the Board will recommend to the Annual Town Meeting in March, 1955 an appropriation for the installation of a trunk line sewer. Petition was received from residents in the Grove Street -Robinson Road area expressing interest in the town's acquiring a play area to serve that sec- tion of the town. The Chairman was authorized to write the Planning Board that it is the Board's understanding a proposal to develop this land will be submitted to the Planning Board for approval, and suggest that the developer be required to set aside a portion of the land for play- ground purposes. Fee for The Chairman read a letter from Mark D. Lurvey, cesspool & Health Sanitarian, advising that the Board of Health septic tank has voted to increase the fee for septic tank and permits cesspool permits from 50¢ to $5.00. The Board was unanimously in favor of the pro- posed increase and the Chairman was authorized to so advise the Board of Health, suggesting that some pub- licity be given the subject in the local paper, and that the change become effective March 1, 1955. Letter was received from Mrs. Eleanor J. Rowe, 2L12 Grove Street, requesting the installation of a. Street street light near her house. light It was agreed to advise Mrs. Rowe that it is the Board's policy to defer action on street lights until about the'first of July each year at which time all requests are considered and recommendation pre- sented to the Boston Edison Company. The Chairman explained that if the Board wants Proposed action by the March Town Meeting in re the Proposed Road Road from approximately opposite the Central Fire Station on Bedford Street to Hastings Park, notices of intentiotamust be signed this evening and a hear- ing held. Upon motion of Mr. James, seconded by Mr. Bateman, 0.4 1 1 it was voted to defer action on_thissubject:.. and consider it at a Special Town Meeting in the Spring, at which time the municipal parking area and the Building By-laws will be presented. Mr. Stevens, Town ing at 7:50 P.M. The Chairman left ping Board hearing and ing. Counsel, arrived at the meet - the meeting to attend a Plan - Mr. Bateman took over the meet - Letter from the U. S. Army Engineers re closing a portion of Wood Street was held over from last week's meeting. Mr. Stevens reported that he had discussed the subject with Mr. Stewart and the United States Attor- closing ney's office has no record of any takings. According to Mr. Stewart it was all acquired by deed with the exception of one small parcel. They have had no op- portunity through any taking to get rid of the road. The town could force them now to make the taking and if they had not closed the road from the Bedford Line, he would recommend it. However, inasmuch as it is closed he recommended that the Board initiate a petition to the County Commissioners asking that it be abandoned. Mr. Burns said that he wants, very definitely, to have the water meter outside of the taking. The street could be closed off and a fence placed_ around the meter, but he must have access to it. Mr. Stevens agreed to obtain a plan from the en- gineers and draft a petition for the Board to send to the County Commissioners. Letter, dated January 27, 1955, was received from Henry A. Turner, Mayor of Waltha, re hearing January 31, Room 207, State House, Boston, re Bill 240, to assess towns for M.T.A. deficit. Mr. Stevens agreed to contact Mr. Ferguson, Rep- resentative. 561 Wood Street Bill re: M. T. A. Letter was received from Mr. Carroll, Clerk of the Board of Registrars, to which was attached figures of the census of the town taken as of January 1, 1955. Census The figure, subject to the approval of the Secretary of State, is 22,286. The Board signed the certificate that an enumeration of the inhabitants of the town had been made. Upon motion of Mr. Gay, seconded by Mr. James, it Licenses was voted to grant the eollowing Peddler's Licenses; both renewals: 562 Use of halls Salary discussion Warrant Anthony Ferreira, 249 Marrett Road William DeFelice, 80 Westview Street Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the following uses of halls: Lexington Red Cross Estabrook Daniel S. Josie Cary . (King Solomon1s A.F. & A.M.) Lex. High School Cary Lex. High School Cary Feb. Mar. June June 7-14-21 Meetings 19 Ladies Night 12 Baccalaureate 15 Graduation • Invitation was received for the Board to attend Governor Herterts Reception in the Hall of Flags on Tuesday, February 22nd. The Board discussed report received from the Per- sonnel Advisory Committee, at which time the Clerk was not present. Articles in the Warrant for the Annual Town Meet- ing in March were discussed with Town Counsel and the meeting adjourned at 9:40 P.M. A true record, Attest: 1 563 SELECTMEN'S MEETING February 1., 1955 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, February 1, 1955 at 7:00 P.M. Chair- man Reed, Messrs. Bateman, Gay, James and Maloney were present. Mr. Higgins, Assistant Town Engineer, and the Clerk were also present. The meeting was held for the purpose of making and establishing extensions and layoutsof eight streets to be presented to the Annual March Meeting for acceptance by the town. Notice of intention of the Board to pass an order for the extensions and layouts under the laws authorizing the assessment of betterments were delivered by Constable to all property owners as they appear on the most recent tax list. The Chairman explained that the hearing is required by law, but is actually a formality. The Selectmen are in favor of accepting the streets, but it will be up to the Town Meeting Members to vote acceptance. He said he would call the hearing open first on Bertwell Road. Plans on all the streets are available and also the estimated cost to each abutter. He said that the Assis- tant Town Engineer would answer any questions in re slop- ing or whatever those present might like to know. The Chairman explained that he would first ask if there were any questions, then ask for those in favor of acceptance to give their names and addresses for the record and then ask for those who wished to be recorded in opposition. He explained that the streets would first have to be accepted by the Town Meeting in March, which may run into April. Specifications will then have to be pre- pared, bids invited and the work let out on contract. He explained that he does not know which street will be done first and said that the middle of September is the best estimated time he could give. There were no questions asked. The following individuals wished to be recorded as Bertwell Rd. being in favor of having the street accepted:. James E. Mullen, George S. Wemyss, John H. Pettibone and Robert J. Casterton. No One wished to be recorded in opposition and the hearing was declared closed. 564 Hearing was declared open upon the Board's inten- tion to lay out Bridge Street from Spring Street east- erly approximately 1525 feet to Valleyfield Street. Mr. William E. Myers, 65 Bridge Street, said he would prefer to have the street constructed through to Waltham Street. The Chairman explained that no one at that end o the street wants it accepted and furthermore, the town is going to install a 36" drain and would not construct Bridge Street the street until the drain is installed. He said that the drain would be started as soon as Town Meeting votes the money, He suggested that anyone at that end of the street interested in having it accepted should petition for acceptance. He also explained that the abutters are assessed for the construction of the street and the Board would not want to recommend it for construction if the property owners do not want it. He stated that if the land is not occupied, betterments might be deferred for three years without interest until the land is sold or built upon, but the Board would not be in favor of presenting a street for acceptance unless 75% of the abutters sign for it. The following individuals wished to be recorded as being in favor of having the street accepted as laid out: Robert S. Roscoe, William E. Myers, Richard Kimball, Wilfred B. Henley, Francis Coyne, Martin J. Laughlin, Gerald C. Robertson, Paul 0. Pecor, Clyde M. Gray, Jr., Robert W. Cloud, Willard W. Wright, Francis L. Beaudoin, George Pettinelli, James F. Hourihan and Ernest W. Sand- strom. No one wished to be recorded in opposition. The hearing was declared closed at 7:15 P.M. Hearing was declared open upon the Board's intention to lay out Fuller Road from Harding Road easterly approxi- mately 735 feet to Bertwell Road. Mrs. George P. Langton said that there are about eight abutters to be assessed; the others he.believed were corner lots. He said this is a very short street and there are three or four streets into that. The payment will fall on a few of the abutters and he has a strong frontage on Fuller Road, 135 feet. The Chairman explained that Mr. Langton would have to pay only for the longest frontage, 132 feet, and said Fuller Road that the entire coat of the street will not be assessed just to the abutters on Fuller Road. He said that Mr. Langton would have to pay only his apportionate share. There were no further questions and the following individuals wished to be recorded as being in favor of having the street accepted: George P. Langton, Uriah 1 1 565 V. Davis and Harold J. Stodler, the latter two being unable to attend the hearing in person. No one wished to be recorded in opposition. The hearing was declared closed at 7:22 P, M. Hearing was declared open upon the Board's inten- tion to lay out Sherburne Road from Vine Brook Road southerly, approximately 900 feet to Winthrop Road. Mr. Louis J. Ferracane said that his main objec- tion is the cost. The Chairman asked if he thought it wasaunfair and if so in what way. He explained that the cost is based upon frontage and he would be assessed his share the same as the other abutters. Mr. Ferracane asked what would happen when Winthrop Road is constructed and the Chairman replied that he would not be assessed. Mr. Ferracane asked if drainage were included and the Chairman replied in the affirmative. He explained that there would be no sidewalks or curbing, and the Sherburne shoulders would be grassed down to the Stbeet. The Road only drains would be in the street itself. There were no further questions and the following individuals wished to be recorded as being in favor of having the street accepted: Edward T. Margin, Matthew A. MaoCaulay, Francis C. Nelson, George E. Wardrobe, Percy F. Crowell and Jaclx W. Hyatt. The following individuals wished to be recorded in opposition: Joseph Leto, Louis J. Ferracane. Mr. Leto asked if it would be possible, if the street goes through, for him and Mr. Ferracane to re- quest that their end of the street be eliminated. The Chairman replied in the negative and said that it would be presented for acceptance with the layout as it is. There were no further questions and the hearing was declared closed at 7:29 P.M. Hearing was declared open upon the Board's inten- tion to lay out Brandon Street from Fottler Avenue southeasterly, a distance of approximately 310 feet and northwesterly a distance of approximately 600 feet. Mr. Joseph A. Marcoux, 115 Brandon Street asked if anything was going to be done about Fottler Ayenue and the Chairman explained that the Board does not recom- mend an accepted street running into an unaccepted street. Mr. Marcoux referred the figure of $7.50 per foot and asked if it were a standard rate inasmuch as the contrabt is not in. Brandon St. 566 Mr. Higgins explained that the assessment will not exceed that and may be less. Air. Marcoux asked what constitutes an A-1 Street and'Mr: Higgins repliedthat the roads put in will have ten inches of gravel and two inches of hot top, twenty-four feet wide. Mr. Ralph H. Rumery asked the same question and Mri Higgins repeated his explanation. Mr. Rumery said that he has property on Brandon Street and Fottler Avenue also. He has water, elec- tricity and sewer; everything that Massachusetts Avenue has and asked if these would be'included in the road job. The Chairman replied that he would pay only for the construction of the street and the price included drain- age, if drainage is not now in the street. He said this will have nothing to do with anything except the con- struction of a first-class street and drainage. Mr. Rumery said he has about 200 feet and the assess- ment will be about $1660. The Chairman explained that theestimates are top figures recorded at the Registry, and nine times out of ten the actual assessment is lower. He said that Mr. Rumery would only have to pay on the longer side. The following individuals wished to be recorded as being in•favor of having the street accepted: Emile J. Vadeboncoeur, Donald B. Banks, Chester R. Banks, Russell Cutter, Mrs. Cutter, Daniel J. Kennedy, Charles E. Carman, Ralph H. Rumery.and J. Neil Morrissey. The following individuals wished to be recorded in opposition; Joseph P. Waddleton, Margaret M. Shaw, Harry F. Jones and Carl E. G. Carlson. Mr. Joseph Marcoux, 16 Brandon Street said that he signed the petition for acceptance but now does not wish to go along with it. He said he does not agree with the price of $7.50 per foot and thinks it is ridiculous. Mr. Higgins explained that Mr. Marcoux, frontage is fifty feet and the estimated assessment $375 which may be paid over a period of ten years. Mr. Marcoux said that he is opposed. The hearing was declared closed at 7:35 P.M. Hearing was declared open upon the Boardt's intention Fottler to lay out Fottler Avenue from Massachusetts Avenue nor - Avenue theasterly approximately 795 feet. There were no questions and the following individuals wished to be recorded in favor: Amy V. Ernst, Ralph H. Rumery and Samuel C. Cuddeback. No one Wished to be recorded in opposition. homf C.a CL 1 1 1 The hearing was declared closed at 7:40 P.M. Hearing was declared open upon the Board's inten4 tion to lay out Hayes Avenue from Meriam Street north- easterly approximately 230 feet to Woodland Road. Mrs. Ivan G. Pyle was the only abutter present and wished to be recorded as being in favor of having the street accepted. The hearing was declared closed at 7:140 P.M. Bearing was declared open upon the Board's inten- tion to lay out Crosby Road from Massachusetts Avenue southerly approximately 595 feet. Mr. and Mrs. William Naudzun were the only abutters present and Mrs. Naudzun asked how the acceptance would affect her. The Chairman explained that there is still some question as to whether this will be a private road for school purposes or a private street. He said that it will go only as far as the school property. Mr. Higgins stated that there may be betterments assessed which could possibly be abated due to the fact that the road is primarily for school purposes. The Chairman said that it has not been determined whether betterments will be assessed and further building disallowed. If betterments are assessed, they may be deferred until such time as the land is sold or built upon. He explained that when the town acquired land for the school it was agreed to construct the street and assess betterments. The Planning Board is opposed to acceptance and it may develop that it will result in a driveway to the school. Mrs. Naudzun asked how Mr. Thompson could then build and the Chairman said that the town would prevent him from building and purchase the property. Mrs. Naudzun said that if the street is accepted, she would have to pay betterments and Mr. Higgins explained that she would have to pay on the long side; that is on Crosby Road less the Massachusetts Agenue area. The Chairman said that possibly the assessment would be abated, thh road being for school purposes. Mrs. Naudzun said that if it is going to cost her $1800, she would rather the street was not accepted. The Chairman explained that her property is now one lot but if it were divided, possibly the betterment on the extra lot could be deferred. Mr. James explained that if the property were di- vided, the betterment would be assessed on the piece cut off, but it could be deferred until such time as the property was built upon or sold. 567 Hayes Ave. Crosby Rd. 568 The Chairman said that he would let Mrs. Naudzun know when the Board reaches a final decision. He said that if the street is accepted, Mrs. Naudzun shouldppay something because the property will be benefited. The hearing was declared closed at 7:50 P.M. and the meeting adjourned. A true record, Attest: 4::er3� S 6ctm:n CL 1 569 SELECTMEN'S MEETING February 7, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office -Building, on Monday evening, February 7, 1955 at 7:00 P.M. Chairman Reed, Messrs. Gay, Bateman, James and Maloney were pres- ent. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for j/o pole locations on Weston Street. Mr. Mahon, representing the Boston Edison Company, Pole was the only person present at the hearing. locations Mr. Burns explained that the poles are to provide service for the Public Works Department maintenance build- ing and will be located on State property. Upon motion of Mr. Bateman, seconded by Mr. Maloney, it wasvoted to approve the petition and sign the order for the follovt ng pole locations: Weston Street, northwesterly side, approxi- mately 10 feet northeast of the Cambridge - Concord Highway - One pole. Weston Street, southeasterly side, north- easterly from apoint approximately 120 feet northeast of Cambridge -Concord Highway - four poles, guy wire and anchor on 4th pole. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for j/o pole location on Revere Street. Mr. Burns explained that permission is being re- quested to move a pole presently located in the street. Upon motion of Mr. James, seconded by Mr. Bateman, it was voted to approve the petition and sign the order for the following pole location: Revere Street, northerly side, approximately 20 feet west of Ledgelawn Avenue - One pole; existing j/o pole to be removed. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign an agreement between the Boston Edison Company and the Town of Lexington permitting 570 the company to install, maintain, repair, renew three poles at the rear of 755 Massachusetts A4enue and to attach a meter switch and metered secondary wires on the third pole. This permission is granted to illuminate the skating area in East Lexington. Mr. Mahon retired at 7:07 P.M. Letter was received from the State Departmentof Johnson Public Works, together with extracts from report of con - Road ference held on February 1 in re construction of Johnson Road in Winchester and Lexington. This summary of the meeting is merely information for the Selectmen's files. Petition was received from four residents of Richard Road requesting the installation of the sewer to serve Richard Rd. houses at numbers 25, 26* 28 and 30. sewer The Chairman was authorized to advise that this particular project is too late to be considered in the 1955 budget, but if funds remain in the sewer installation approppiation after completion of the work for which com- mitments have been made, consideration will be given to extending the main to include the above-mentioned house. Mr. Francis Coscia's request for removal of a tree Tree from in front of Lot 63, Farmcrest Avenue, was held over. removal Mr. Burns recommended removal of the tree which is directly in front of the driveway of a house Mr. Coscia intends to construct. Mr. Bateman reported that he had viewed the location and concurred with Mr. Burns. Upon motion duly made and seconded, it was voted to post the tree for removal. Planning Bd. budget Mr. Burns retired and the following members of the Planning met with the Selectmen: Chairman Adams, Messrs. Irwin, Jaquith, Ripley and Grindle. Mr. Hathaway arrived later in the evening. The Chairman explained that the Board would like to discuss budgets and stated that the Aprropriation Committee has reduced the Planning Board budget to $2300. He said that at the present time the Selectmen have not made any recommendation. Mr. Ripley said that the Planning Board has never used its entire appropriation, but there are some vital items which they thought they neeeded and would like to have some leeway. Mr. Adams explained that last year his Board asked for $7500 for professional services and with an expert man they would need less professional services which accounts for the drop last year. He said that the master plan is CLI 1 1 1 57 the reason for employing a high-priced man, and it is also tied in with the article requesting $2500. He explained that if they run into something Mr. Snow does not know or upon which he needs help, they will call in an expert and that is what the $1,000 is for. If the item for starting the master plan is eliminated, the Board may as well have a clerk and not a trained man with twenty years experience. He said the Town Meeting voted last year knowing what the program was going to be. Mr. Irwin said that if it is essential to cut any one item, the $1,000 for professional services is the only place to cut. Up to this point the Board has not used the professional engineer and by next year will know exactly what it is going to cost. The Planning Board and the Selectmen agreed on a figure of•$500 for professional services and $1,000, as requested, for the preparation of a master plan. The Chairman said that the Board would also like to. discuss the subject of a manufacturing zone on Bedford Street. He said in talking to Mr. Adams, he understood Light that the Planning Board does not feel it is ready to pre- manufactur. sent this at the March meeting. He said the Board of ing zone Selectmen will have an article in the warrant for an area bounded by Westview Street, Route 128, and the railroad with a setback of 500 on Bedford Street. Mr. Adams said that the Planning Board has been interested in light manufacturing but met strong opposi- tion. two or three years ago. After that the members felt they would not go into a Town Meeting again until they were thoroughly prepared, and that is one reason for hir- ing Mr. Snow. Because of the accumulated work he has been a legal clerk instead of a planner at the moment. He said the Planning Board has not had enough study and perhaps was not quite enthusiastic about this. Mr. Adams said that the Board would hold a hearing as it is required and further suggested including another article in the warrant to amend the present Zoning By -Law which restricts certain things but actually gives the Board no control. Itt:was agreed to present both articles to Town Counsel before including them in the warrant. The Planning Board retired at8:05 P.M. and the following members of the Capital Expenditures Committee met with the Board: Chairman Brown, Mrs. rich, Messrs. Williamson, Goddard and Carrier. Mr. Brown said that he had a list of projects he has been told people want and would like the Board's reaction. He said one is the police station. 5'12 The Chairman said that the Selectmen plan to have a building committee appointed to bring in final plans rather than lose a year for study. Mr. James explained that this is not a police Capital station, but it is a new Town Office Building. Expenditures Mr. Bateman said it would be the same as the Committee present building, located on the other side of Cary Building following the original plan. Mr. Brown asked if the Board had an estimate of the cost and the Chairman replied $175,000. In the proposed article the Board will request $10,000 for plans not including architect's fees. Mr. Brown asked if the actual construction would come the following year and the Chairman replied that with the amount of expenditures in the warrant, it may have to be deferred, but the Board would like to re- quest it this year at a Special Town Meeting if pos- sible. Mr. Brown asked if it would be this year or next year, and the Chairman said he could not tell now. He said the building is needed and needed soon. .It will be a duplicationbf this building so will not need too much study. One of the committee members asked what the build- ing would be used for besides the police and the Chair- man replied that there is insufficient space for meet- ings and conferences. There is no room for.the consul- tant to the Planning Board, the Engineering Department is too small and the Building Office is crowded. The question about overall planning for the Police Department was asked and the Chairman replied that this Board of Selectmen has spent more time with the depart- ment than any other Board insofar as he was able to learn. One of the committee asked if the Boa d planned to have Police Commissioners and the Chairman replied that the Selectmen do not think it necessary. He said of the five -man Board, two of them will spend considerable time with the Department as soon as Town Meeting is adjourned. He explained that a new schedule has been set up as of January 1st and different procedures instigated. Mr. Brown said that his committee is worried about the Fire Station. The Chairman explained that the Selectmen have asked the Fire Commissioners not to present it at this meeting. Mr. Brown said that they have it down for 1957 and asked if the Board thought the date realistic. The Chairman replied that the Board has not dis- cussed the subject, but his own personal opinion is that it will not be needed in 1957. The rest of the Board concurred with the Chairman's opinion. 1 573 Mr. Brown said that the Department of Public Works worries his committee the most. He said that he has a list from Mr. Burns for 1955 and would like to see how much in agreement the figures are with those of the Board. He gave the first item as water mains and laterals - $17},000. The Chairman said that capital expenditures are about $2,]00,000 which means bonding $1,0000000 and therefore the Board has agreed to take out $129,000 for water mains which include Waltham Street and Concord Avenue. He explained that actually this should not be deferred but it is the only item the Board feels can be postponed far another year. However, the Board will recom- mend it again next year. Mr. Brown mentioned $540,000 for sewer mains and laterals. The Chairman said that $1400,000 is for a trunk line and $106,190 is being recommended for laterals. Mr. Brown said he has $76,000 for drainage and the Chairman said that the figure is $63,000 With a carry over. Mr. Brown said he has $227,000 for streets and the Chairman saidthat$33,,000 is Chapter 90 which has to be appropriated and $126,125 for streets. Mr. Brown said he has $110,000 for intertown high- way and the Chairman said that this item will be postponed but will come up again. He said the estimate is $109,045 not including the drain, or a total of $130,000. Mr. Brown said he had $20,000 for sidewalks and the Chairman explained that the figure is $7,000 plus School Street, a separate article $11„875 and about $3500 for damages. Mr. Brown said he has a figure of $5,000 for curb- ing. The Chairman said that the Selectmen will recommend $4500 and the Appropriation Committee $500. The Chairman informed the committee that there is an item of $76,500 for the pumping station. Mr. Brown asked if his committee could send the Committee bill for its report to the selectmen for payment and report the Chairman replied in the affirmative. Mr. Brown said he would like to hear how the Board feels about the article for setting up the Capital Ex- penditure Committee as a By -Law Committee. Mr. Bateman said, speaking for himself, that the committee came into existence as an emergency group to help crystallize the thinking of all departments. In previous years it was presumed to have been done by the Appropriation Committee and the Planning Board. He said Cap. Exp. Com. as By-law Com. 574 Streets it is his thinking that the Capital Expenditures Committee, which is very helpful now, might not be necessary in another five years. He said he thought the committee very important now, but he can't see it as a By -Law Committee. . Mr. Brown said that as a committee they feel it is difficult not to have continuity on the committee; the planning and thinking of the committee would be better if there were a continuity. Mr. Bateman said that was a very good argument. The Chairman said that the committee is doing the work which is actually work of the Appropriation Com- mittee and the Planning Board combined. He said he realizes it is difficult for a committee to work with the membership changing and he has not definitely made up his mind on the. Subject. .Mr. James said that the Board has not arrived at a decision about this article. Mr. Brown. said that the committee is set up very much like the Committee in Wellesley and with the recom- mendation of the State Planning Board. One of the members asked how the Board felt about the School Committee requests. The Chairman said he thought the Board would like to have. the school postponed for one year but has not received any answer on this subject. The Capital Expenditures Committee retired at 8:35 P.M. Upon. motion of Mr. James, seconded by Mr. Bateman, it was voted to sign layouts of the following streets: Brandon Street, Bertwell Road, Bridge Street, Crosby Road, Fottler Avenue, Hayes. Avenue, Fuller Road and Sherburne Road.. Letter was received from Boy Scouts of America, Boy Scout Boston Council, Inc., requesting permission. to conduct Pilgrimage a pilgrimage for Scouts and Leaders in Lexington. on April 23, 1955 or April 30, 1955 if the weather is in- clement on the 23rd. As in the past, plans include the use of the Center Playground for assembly and the Battle Green for formal ceremonies. The $oar d had no objection; a copy of the letter to be forwarded to the Recreation Committee.and one to Mr. Brenton and the Police Chief. Upon motion duly made and seconded, it was voted Use of hall to grant permission to Jeanne Ambuter (Co-sponsors, Lexington Minute -Man and Mystic Valley Gas Co.) to conduct a cooking school in Cary Memorial Hall on March 15, 1955 from 7:00 P.M. until 10; 30 P.M. howl Coo tal 1 575 Upon motion of Mr. James, seconded by Mr. Bateman, it was voted to sign a Certificate of Incorporation on Cert. of behalf of Nathaniel P. Blish, 150 Pleasant Street;; sat- Inc. isfactory character reference having been received from the Chief of Police. The Chairman read a letter from John F. MacNeil advising that he has been dissatisfied in seeing all Insurance the town insurance going to a Boston insurance agency, even though Mr. Hill lives in Lexington. He said he could show the Board ways of saving a great deal of money and would like to discuss the subject. The Chairman was authorized to ask Mr. MacNeil for his recommendations on the subject in writing for study by the Board. At 9:00 P.M. the Appropriation Committee met with Joint meet - the Board, pursuant to Article XIII, Section 2 of the ing on bud - General By-laws, together with the Chairman of the gets School Committee, Chairman of the Cemetery Commissioners and Chairman of the Board of Assessors. Those present were: Messrs. Ferguson, Cave, Madden, Clarke, Read, MacDonald, Donnelly, Fisher, Walker, Potter, Cass and Wadsworth. Mr. Ferguson, Chairman of the Appropriation Com- mittee presided. He said that this is the annual meet- ing held in accordance with the By-laws of the town to advise those present of the budget. He said he would like to state at the outset that the Committee is still flexible, but is meeting early this year and expects to write its report Saturday. He said he wants thosepresent to know the Committee's think- ing and also to get the benefit of their thoughts. Het stated that the Committee has been over all the budgets, and over them again trying to eliminate those things which they feel could be postponed until a later date without doing any serious harm to the town. He explained that most of the items make very good sense and can be argued for strongly. He said they have been left out because the Committee feels they can be. The total for operating expenses is about $35,000. He said that the Committee, as explained to the School Committee and the Selectmen with operating expenses of $2,700,000 and capital outlay of $2,200,000. He said the Committee figured what the tax rate would be and what the town could afford to spend. He said it looked like a tax rate of $;B. A general discussion of capital expenditures and bonded indebtedness followed. The meeting adjourned at 10:25 P.M. A true record, Attest: 576 Mr. Healy's salary SELECTMEN'S MEETING February 14, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 14, 1955 at 7:00 P.M. Chair- man Reed, Messrs. Gay, Bateman, James and Maloney were present. The Clerk was also present. Mr. William G. Potter, Chairman of the Board of Cemetery Commissioners met with the Selectmen to dis- cuss Mr. Healy's salary. He reported that Mr. Healy, who is Superintendent of Cemeteries and also Veterans' Agent, advised the Commissioners at a meeting today that he cannot live on the amount of money he receives. He receives $30 per week as Veterans' Agent and *17.20 per week as Supt. of Cemeteries. Re stated that Mr. Healy has threatened.to give up the job if his salary is not increased and the Commissioners thought that inasmuch as he devotes more time to their department than to the work of Veterans' Agent, that is where the increase should be given. Mr. Potter said that he has lost his pension this year which mounted to $750« Mr. Bateman said he would not like to recommend an increase on the basis of a man losing his pension. Mr. Potter said he was hired on the basis of re- ceiving a pension and Mr. Bateman said that he was re- ceiving as much money as the other two men were paid. Mr. Gay recalled that he did not want to earn any more money because of the pension and Mr. Potter agreed. The Chairman asked what Mr. Healy was asking and Mr. Potter replied that he wants $2500 as Superintendent of Cemeteries and that will bring him up to 4,000. The Chairman said that the increase was almoat three times what he receives now, and said that Mr. Potter would probably have to discuss it at Town Meeting. Mr. Potter said that he would not wnat to bring up a personal service item on Town Meeting floor. Mr. Maloney said that the man is losing $750 and wants more than twice as much to replace it. He asked Mr. Potter what his recommendation was. Mr. Potter replied by asking what would be done if Mr. Healy gave up the job. Mr. Maloney asked what Mr. Potter thought and he replied that he does not see how Mr. Healy can live on less than *2500 a year. He said he thought he might stay if he receives the $250 the Commissioners are re- questing plus the pension he is losing of $750. 0-4 1 1 who out- lines method of proced- ure. The committee 1 Mr. Potter retired at 7:30 P.M. The Board decided to make no change in the amount recommended for Veterans' Agent and to take no action on the Cemetery Item inasmuch as the Commissioners are an elected Board. Mr. Reed left the meeting at 7:35 P.M. and Mr. Bateman presided as Chairman for the remainder of the evening. The following members of the High School Building Committee met with the Board: Mrs. Morey, Messrs. Nickerson, Steel and Norris. Mr. Stevens, Town Counsel, was also present. Mrs. Morey reported that the committee retained the services of Perry Shaw & Hepburn Kehoe & Dean who designed the building and are familiar with it. The committee has also met with the School Building Assis- ance Commission/investigated the best way to accomo- ate 1300 children, and came up with sixteen rooms. The problem has been solved by increasing the size of the shop and keeping the auditorium as it was, omitting a projecting room which is no longer needed. This will increase the capacity of the auditorium to 1160. Mrs. Morey said that the cost will be about $925,000 and they are planning sixteen rooms instead of fourteen. She said that at the request of the Ap- propriation Committee they investigated the possibi- lity of spreading this over a two-year period but the committee feels it cannot recommend that because it would be a duplication of work costing about $50,000. She said the committeets recommendation satisfies the Building Assistance Commission and accommodates the school needs adequately. She stated that no building assistance has been received on the High School and the town has been paying on the bonds for two or three years. She explained that there is between $80,000 and $90,000 due but it wiill not be received before Town Meeting. Mrs. Morey explained that the Building Assistance Commission told her the Board of Assessors can apply to Mr. Dine who clears as to what will be coming through Ond,:they are then told what can be applied to the Cherry Sheet. Mr. Stevens said that it would be reflected in the tax rate if it is treated as a receipt. He said the appropriations would be made but the Board would know the amount to be raised would be cut down by the estimated receipt received from the School Building Assistance Commission. 577 High School Addition Com. 578 Pole locations The Board informed the Committee that it was in favor of requesting the total amount at the March Meeting rather than doing part of the project this year and coming back again for funds to complete it. The group retired at 8:10 P.M. Upon motion o± Mr. Gar, seconded by Mr. Maloney, it was voted to approve the following j/o pole loca- tions, all having been approved by Mr. Burns: Concord Avenue, southwesterly side, approximately 120 feet southeast of Barberry Road, One polo. Concord Avenue, southwesterly side, opposite Benjamin Road, - one pole, guy wire and anchor. Concord Avenue, northeasterly side, approximately 80 feet southeast of Benjamin Road, one pole. Concord Avenue, southwesterly side, approximately 1405 feet southeast of Shade Street, one pole. Reed Street, approximately 300 feet southeast of Orchard Street, one pole. grove Street, southeasterly from a point approximately 385 feet southeast of the Lexington -Bedford Line, 4 poles. Grove Street, easterly side, south- easterly from a point approximately 965 feet southeast of Winter Street, 14 poles. Letter was received from Eugene B. Hamilton, 1 Braemore Terrace, requesting installation of street lights on Ledgelawn Avenue. Street The Chairman was authorized to advise Mr. Hamil- lights ton that it is the Board's policy to defer considera- tion of street lights until about the first of July each year at which time all requests are considered to- gether and presented to the Boston Edison Company for study and approval. Letter was received from Carroll H. Beers, 39 Somerset Road, advising that the hurricae blew over a large Maple tree on town property in front of his prem - 1 579 ises, resulting in the upheaval and destruction of a section of the sidewalk. Damage to The Chairman was authorized to advise Mr. Bears tree and that the Superintendent of Public Works is aware of the sidewalk situation and intends to make necessary repairs to the sidewalk in the Spring and also to replace the tree. Letter was received from the board of Assessors Deferred with reference to a deferred water assessment in the assessment amount of $300 against property located on Wachusett overdue Drive formerly in the name of McIntosh now in the name of Lyon. The Assessors have been advised by the Col- lector that the amount, which the Selectmen advised committing for payment last April, is still unpaid. The Clerk was instructed to ask the Collector if she intends to collect this amount. The Chairman read a report from the Board of Fire Commissioners re inspections recently made as to the Aerial condition of the aerial ladder. ladder Mr. Burns retired at 8:140 P.M. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to sign contract, prepared by Town Counsel, Garbage between the Town and Leonard F. Collins for the col- contract lection of garbage; amount of $22,838.00 per year be- ginning April Iib, 1955 to April 30, 1958. At 9:15 P.M. Messrs. Linn B. Swain, Bedford Street, Burlington, Alien and Larsen, also from Bur- Burlington lington, met with the Board. request Mr. Swain said that there is an area in Burling- for water ton adjacent to North Street, Lexington where there are about twelve houses for vinich he is trying to get water. He explained that the nearest Burlington water is at the radio tower and it would be impossible for the town to bring it down to these people. He said Lexington has a six inch main at the line and he be- lieves, from tasking with the M.D.C., it will be neces- sary for Burlington to petition the Legislator for per- mission to allow Lexington to sell water to Burington. He said that he is interested only in the house located there now and this is the only way these people can get water.. He stated that the Supt. of Public works told him that he is not permitted to sell water to another town. He said he would like to present the Act. to the Board of Water Commissioners in Burlington and the Town of Lexington could determine the conditions upon which it will furnish water. • The Chairman said that the Board would have 6o 580 discuss the subject as over a period of years similar requests have been refused. Mr. Swain said that all the piping would be done at Burlington's expense. Mr. Stevens said that Lexington would own the meter and Burlington would pay the cost. Mr. Swain said that it would cost *150,000 to get water to serve these houses. The Chairman inquired about the wells and Mr. Swain replied that they are adequate for anticipated needs for years to come. Mr. Allen said that the extension -would be only 300 feet and Burlington would pay all expenses involved. The Chairman said that he was very sure the Board would not grant such a request for an individual but the Board would discuss the subject with the Superin- tendent of Public Works. The group retired at 9:30 P.M. Mr. Stevens retired at 9:35 P.M. Letter was received from Roger W. Thwing, on be - Red Cross half of the Lexington Chapter, National Red Cross, re - thermometer questing permission to erect a small Red Cross thermom- eter in Emery Park for the 1955 Red Cross Fund Appeal from March 1, 1955 to March 31, 1955. The Board had no objection and the request was approved. Letter was received from the Division of Civil Sergeant Service advising that an examination for promotion to exam. Police Sergeant, Lexington Police Department, is sched- uled to be held on April 30, 1955. Police The Chairman read a letter from Earl P. Anair, 411 applicant Bow Street, advising that he is now out of the Army as of February 10th and would like to go to work as soon as possible if appointed. Letter was received from Mrs. Rich, Collector of Ambulance Taxes, together with list of ambulance charges which she charges advised were uncollectible for various reasons, such as abated mail returned, deceased and unable to locate. Upon motion duly made and seconded, it was voted to abate the charges as submitted, totalling 41360. Veteran Application was received from Eugene Zarella, 29 lot Fessenden Road, Arlington, for Veteran Lot #6, Hill Street. This is the only lot left and one which involves a serious drainage problem. The Clerk was instructed to Cmit Cid 1 1 581 advise the applicant of whatever decision is arrived at by Mr. Reed and Mr. Burns re disposing of it. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant a Common Victualler License to License John Pewtherer, d.b.a. Ye Towne Diner; same having been approved by Board of Health. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the following uses of halls: V. F. 'W. Lafayette Club American Legion 4-H Club Cary Estabrook Cary Cary Feb. 16 Mar. 1 Apr. 22 May 6-7 Dance Meeting Sports Night Exhibit ` Upon motion made and seconded, it was voted to sign the warrant for the Annual Election and Adjourned Town Meeting; Election, March 7 and First Adjourned Meeting, March 21. The meeting adjourned at 9:45 P.M. A true record, Attest: Uses of halls Warrant 582 Jurors Bids for removing trees Ewell Ave. SELECTMEN'S MEETING February 23, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Wednesday evening, February 23, 1955, the members of the Board having been duly notified as to the change of the meeting from Monday, February 21, 1955, Chair- man Reed and Messrs: Gay, Bateman and Maloney were present. The Clerk was also present. Mr. James. J..-Carroll,_Town Clerk, met with the Board at 7:00 P.M. for the drawing:of two jurors. Paul G. Yewell, sales engineer, 81 Spring Street and Carl 0. Johnson, cab proprietor, 167 Blossom Street were drawn for jury duty. Mr. Carroll retired and Mr. Burns, Supt. of Publie Works, met with the Board„ Mr. Burns reported that between eighteen and twenty sets of specifications for removing trees were taken out and twelve bids submitted as follows: Mead Bros. Tree Service P & D Company Cedar Lawn Collins Shade Tree Specialist Mahoney Brothers MaoQuinn Colonial Handy-Man.Go. Boston Foundatiohl Co. Brines Tree Surgery New England Tree Expert Co. F. A. Bartlett Tree Expert Co. Frost & Higgins Co. Bedford 11,1418 Canton 1->5311 Cochituate 1,580 Lexington 1,691 Lexington 1,700 S. Weymouth 1,900 Lexington 2:,37 Roxbury 2,38 Arlington 2,417 Boston 2,01 Framingham 2,665 Arlington 2,710 Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to award the contraet to Mead Bros. low bidder, at their quotation of $1,118. The Chairman read a letter from Logan Clarke, Jr., 16 Ewell Avenue, requesting the Board to consider fin- ishing one of the access Voade to Ewell Avenue. Mr. Burns reported that this man had discussed the subject with him at 4:30 this afternoon and that he had also talked to him before. Mr. Burns told him that the only procedure is for him to present a petition to the Board requesting acceptance. He said that Mr. Clarke agreed to circulate a petition and present it to the 1 1 583 Board After which Mr. Burns would have the estimated assessments prepared. He said that it will not be necessary to acknowledge the letter. The Chairman brought up the subject of Mr. Lindstrom, Building & Plumbing Inspector. .Mr. Bateman said that Mr. Lindstrom told him he definitely wants to be retired as he believes it will be better for him. and also for the town. He said that he expected a telephone call this evening from Dr. McCarthy regarding Mr. Lindstrom's condition. Mr. Bateman stated that he personally does not believe Mr. Lindstrom will return asT napector inasmuch as he will only bb able to take a desk job. Mr. Burns stated that in his opinion the posi- tion or Building Inspector is a full-time job, but Building & said t at the Plumbing Inspector could possibly be Plumbing considered as a part-time job. Inspector Mr. Maloney said that he could see no justifi- cation in paying two men to do the work Mr. Lind- strom has been doing alone. . Bateman pointed out that it would be dif- ficult to find a man who would take the job and do as muchwork at home as Mr. Lindstrom did. 1M . Bateman called Dr. McCarthy's office but he was no in. NO action was taken on the matter. Mr. Stevens, Town Counsel,. arrived at the meeting at 7z35 P.M. The Chairman read a letter from Q. R. Glenn, 105 Winter Street advising that he.is still interested in pureha ing lots 35 and 36 Hillcrest Street on the terms mentioned in -the Board's letter of January 19, 1.9514. At that time.Mr. Glenn was informed that the Tax Title Board could entertain an offer of`$800plus water property betterments and unless a reply was received it would be asetmed he was no longer interested in purchasing the'lots. `" In the meantime, the Board established a price of $2,321.90 for both lots which includes betterments, and this figure has been quoted to.others interested in the property. , The Chairman was authorized to advise Mr. Glenn that the price for both lots is now $2,321.90 and if he desires to purchase them at this figure, the Board will be pleased to discuss details as requested in his letter. ltter was received, signed by Reuben L. Seth, MildrB. Seth, James 0. Maxner and Dorothy R. Maxner, 584 Maxner & Seth offer advising that they will contribute to the town, in connection with the proposed street from the Cen- tral Fire Station, a strip of land not to exceed twenty-five feet in width from the center line of brook, which they own on the northerly side of the proposed street for the consideration of $1.00 and the right of access to this proposed street from other properties owned by them. Memorandum was received from the Massachusetts Selectmen's Association in re the Association's Bill Bill H-910 H-910 relative to incurring liabilities in towns in eases of extreme•emergenoice involving the health or safety of persona or property. No action was taken on the subject. The Chairman referred to provisions of the Zon- ing By -Law that require garden apartments and hotels Hotels & to connect with a sanitary sewer and said that Mr. sewer eonn. Seabury therefore will have to connect to a sanitary sewer in order to erect his building. - Mr. Stevens said that would seem to follow and asked i,the sewer were available. The Chairman replied that it is up at School Street and Lincoln Street and Marrett-Road. He said that•in reading the Zoning By -Law it appears that Mr. Seabury cannot build unless he connects with a sanitary sewer.• Mr. Stevens said that the Planning Board could not approve it, and there would have to be a sani- tary sewer. He would rule that a sanitary sewer is a municipal sewer. The Chairman inquired about takings ip re the proposed parking area and•Mr. Stevens stated that it Land is possible to take the land on some basis so that takings if the award is too high the town will not have to go through with it. However, it obligates the town t0 pay the owners expenses such as attorney's fees, experts, etc. Mr. R. L. McQuillan, Chairman of the board of Garbage Health, met with the Selectmen. He reported that Mr. Collins, the garbage con- tractor, has protested because some of the indivi- duals to whom ndivi-dualsto.whom the Board of Health issues permits to transport garbage through the town, are apparently picking it up. The Chairman said that the 1775 House is now selling garbage to a eolleetor, and previous to this it was being picked up by Mr. Collins. Mr. Burns 1 had told the Chairman that there is nothing in the con- tract guaranteeing any amount of garbage. Mr. McQuillan said that these permits, of which there are five, are issued with the understanding that it is for transporting garbage through the town and if it is legal, his Board will advise the individual in- volved to stop. Mr. Stevens saidthat he would look into the matter. Mr. McQuillan reported that Mrs. Manley, Clerk to the Board of Health, is having a terrific time trying to do Board of Health work with the Police work. He said that she jtis t can't .do both. The Chairman said that the Selectmen are recommend- ing money for a girl, but the Appropriation Committee is not going along with it. Mr. McQuillan asked who was going to do it and Mr. Bateman replied that someone will have to discuss it on the Town Hall floor. Messrs. McQuillan, Stevens and Burns retired st 9:20 P.M. 58 Board of Health Clk. A mimeographed letter was received from George P. Davis, Chairman of the Massachusetts Council for the Council for Aging, requesting the Board to appoint a local council. Aging The purpose of the Council is to coordinate work of the Department6 of Ment&l Health, Public Health, Labor and Industries, Education and Welfare, for the aging at the State -level and to promote facilities for the aging at the local level. The Clerk was instructed to obtain Town Counsel's opinion as to whether or not it is mandatory for the Board to appoint such a council. • Letter was received from James F. Hourihan, real estate ageit, 114 Massachusetts Avenue, Arlington, offer- ing $1200 on behalf of a client for tax title lots 187- 196, 200-2b5, 236-238, 242-246, Circle Road. The Chairman reported that there is no water in Tax title • or near this street and it was the opinion of the Board property that it would be to the best interest of the town to re- tain the property. - The Chairman referred to the report submitted by. the Personnel Advisory Committee insofar as it relates to vacations and mentioned that the Board has not taken any formall action on the subject. Upon motion of Mr. Bateman, seconded by Mr. Gsy, • it was voted to adopt the following policy regarding 686 Policy re: Vacations April 19th Legion Aux. Booth April 19th Paper Drive vacation allowances, effective January 1, 11955: 1 week at 6 months service 2 weeks at 1 years service 4 weeks at 15 'oars service weeks apt 25 years service These vacations are subject to certain adminis- trative provisions and controls as follows: 1. A person eligible for more than 2 weeks vacation must take his additional weeks outside a "normal'" or defined vacation season. If he prefers he may take his 3 or 14 weeks at one time provided it is outside this *normal" season or does not result in extra cost or extra inconvenience to his de- partment if taken during. the regular season. a. Vacation cannot be accumulated from year to year. 3. On termination in good standing, a person will re- ceive pay for any vacation earned but not received. Letter was received from the Lexington Allied Veterans' Council suggesting that the Selectmen par- ticipate in the 19th of April celebration. The Chairman was authorized to advise that the Board will be pleased to take part in the observance and will wait to hear from the Council when the pro- gram is prepared in detail. Letter was received from Mrs. H. G. Dearborn, Secretary of the American Legion Auxiliary, requesting permission to erect Al mobile booth at the corner of Massachusetts Avenue and Meriam Street on April 19th. Upon motion of Mr. Maloney, seconded by Mr. Bateman, it was voted to grant the request. Letter was received from Connell Albertine, on behalf of the Church of Our Redeemer, requesting per- mission to conduct a paper drive on Sunday, March 27. Upon motion of Mr. Maloney, sedonded by Mr. Gay, it was voted to grant the request.. Upon motion of Mr. Maloney, seconded by Mr. Bate- man, it was voted to grant the following uses of halls: Minute Man Council Girl Scouts M M M M M M Lexington Little League Lexington Field & Garden Conference Room M •. w n Estabrook Hall Estabrook Hall March 9 April 13 June 8 Mar. 17 Mar. 29 CL 1 1 587 Upon motion of Mr. Gay, seconded by Mr. Bateman, Pkg. Stores it was voted to request the Package Goods Stores to Election Day remain closed during polling hours, 7:30 P.M. until 8:00 P.M. on Election Day, Marsh 7, 1955. The Chairman mentioned that the Board had not taken any formal action on the recommendations of the High School building Addition Committee as presented by that Committee two weeks ago. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to authorize the Chairman to advise the Committee that the Board of Selectmen is unanimously High School in favor of the recommendation to complete the High Bldg. proj. School Building, that is the shops and auditorium, and also the addition of a sixteen room wing. (The Clerk. telephoned Mr. James who stated that he was in favor of completing the project in one year rather tha�n two years as recommended by the Approp— riation Committee.) Mr. Bateman referred to Mr. Linn B. Swain's meet- ing with the Board last week in re Lexington supplying water to twelve residents of Burlington. The Board was in favor of advising Mr. Swain that Lexington Burlington would agree to supply the water. However, the Clerk water was instructed to contact Mr. Stevens and Mr. Burns before an+0r commitment is made. The subject of the Town Accountant was discussed, the present accountant hot having been re -appointed when his term expired December 31, 195h. It was un- Town animously voted not to re -appoint Mr. Frank•D. Walker Accountant as Town Accountant and to advise him that the Board intends to replace him by March 31, 1955, at which time his services will be terminated. The meeting adjourned at 8:h5 P.M. A true record, Attest: ler 588 Tree removal SELECTMEN'S MEETING February 28, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 28,. 1955 at 7:00 P.M. Chair- man Reed, Messrs. Gay, Bateman, James and Maloney were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. The Chairman read a letter from J. Cataldo request- ing removal of a tree from in front of the driveway on East Street at the bend of the street. - The Clerk was instructed to advise Mr. Cataldo that the Board will view the location and advise him of its • decision. The Chairman brought up the subject of Building Inspector and said he thought the Board would have to make some decision relative to the .question of whether there is to be one man for Building and Plumbing or two men. . Mr. Gay asked if. Mr. Lindstrom is and Mr. James said that it is definite for retirement. Mr. Gay asked if he meant medical replied in the affirmative. Mr. Bateman said he thought it safe to say that Mr. Lindstrom will not be back for six months. The Chairman suggested appointing an Acting In- spector and reminded the Board that the Plumbing In- spector has to be Civil Servide. He stated that if the Board decidbs to make this a one span job such as it has been, the man would have to be a *umbing man who would then learn the building end. He suggested that the Plumbing Inspector be part time for a reason- able salary and then appoint the Building Inspector full time. Mr. Gay said that part time or not, the Plumbing Inspector would have to be Civil Service. Mr. Maloney said that the man th o has expressed interest in the job is a Plumbing Inspector and thought he would be better qualified today than Mr. Lindstrom was when he took over the work. He said he thought any of the tradesmen are qualified to learn, and he ques- tioned if the town is ready for two men who will become two full time men. going to retire he has applied and Mr. James Coo 1 1 1 589 The Chairman said that there is no question when Mr. Lindstrom came to work for the town as Building and Plumbing Inspector the amount of building was not as great as it is now, and from the number of building permits, there is no doubt but that this is going to be another big year. Mr. Maloney said that if a house were designed by a good architect, it is only'a police. job, and in pol- icing thework the construction people dp not present any problems. It is just a case of making a visit and checking the plans. Mr. Gay said that a plumber works in a house be- fore it is finished. Therefore, he should have some knowledge of how a house is built. He said he thought it would be much easier to get a plumber who could be- come a Building Inspector. The Chairman said that a plumbing man is a sub- contractor and a carpenter is a contractor. You then have a subcontractor telling a contracter what to da. Mr. Bateman said he would like to try it out with one man aod then it may be determined that it will be necessary to have a plumbing and electrical inspector. Mr. Names said that he does not know if Ihe town is ready Or not, but he would like to have a Vuilding Inspector who would be top man in the department and another man who would serve as plumbing and Wiring In- spector. 'That way, there would be two full-time Jobs, He said the Building Inspector would be the head and the other should take their orders from him. He ex- plained that the Building Inspector has to handle the zoning problems and an ordinary plumber would not be able to handle those very efficiently for a long time. He said the qualifications for a Building Inspector should be (1) capable of handling zoning, (2) a good personality and able to meet the public. Mr. Elonald Irwin met with the Board at 7:20 P.M. The Chairman inquired about the bulk of the work and asked for his opinion as to whether the job should be a one -Man job or a two man job and if it oould be handled by one man. Mr. Irwin said that on one individual residence there are four inspections required by the Building Inspector, two by the Plumbing Inspector and two by the Electrical Inspector. He said that the Board should bear in mind that the Building Inspector is also the individual who receives the plans and goes over them - an average of thirty minutes per plan on a residen4e. He said his work begins before the in- spection. He said he definitely thinks it is .a two- man job. The Building Inspector should be f411 -time 590 and he thought the Plumbing Inspector could be a part-time job. He said the Building Inspector, of course, should be in charge of the office as there is certain co-ordination he has to arrange between the Wire and Plumbing Inspectors. Furthermore, he has to handle the zoning. Mr. Irwin said that there is then the question as to what the job 1* wpr$k. Mr. Byrne' a tom. 'who is part -tante Pit Plaibift. Ini$ttor in Winchester, As interested in the Plumbing Inspector job in Lexington on a part-time basis to work in with his Winchester ob. The question of salary came up and he thought 3,000 would be ample. Mr. Maloney asked how much less than $3,000 he re- ceives now and Mr. Irwin replied that he receives about $2700. Mr. Irwin said that, based on what he thinks is required to get the office running the way it should .be, it is a full time job. However, he would be will- ing to go along with the Plumbing Inspector as part- time. On a full-time basis be thinks the job is worth $5200 a year plus car allowance; that is Building In- spector and $3,000 per year would be enough for the Plumbing Inspector as part-time. He said he doubted if the Board -mould find another' man who would do as mush work a.er houhs and at home as Mr. Lindstrom did, and in not doing it, the work will not be done as it should. Mr: Maloney asked how much time Mr. Irwin de- voted to the work and he replied about all morning. He said he could say he has his inspections done at eleven. He said there ars things going on but he has not had the time to tnspedt them. He has not been up to the new school. He said there may not be anything wrong, but at least the inspector should be on the job. • Mr. Irwin said he does not think one mad could do both jobs and if the right man were not appointed, the Board might receive complaints from the builders Who might feel the man was not qualified. He said the Inspector has the book to go by bUt most of the jobs are done on judgment. If the man is not qualified to make a decision on the spot, there would be complaints. The Chairman asked if Mr. Irwin had been drawing car allowance and he replied in the negative. The Chairman asked if he would be willing to go along until the Board has the situation settled. Mr. Irwin said he was asked if he would consider the job and he stated that.he would at a'reasonable salary. He said the salary be mentioned he:would con- sider a minimum either for himself or for any other competent man. He stated that under a temporary ar- 591 rangemnt he does not feel that he wants to carry on much longer. At present he has to do two jobs -to make a living. He is willing to go along until the Board makes a decision, but he would like to know one way or another. Mr. Irwin retired at 7:140 P.M. Mr. James, continuing his comments interrupted when Mr. Irwin eame in, said that the Building Inspector who heads the office.must be tactful and able to meet the public. In many cases he is the first person people meet when they come into town. Mr. Burns said that the problem could be solved by a full time Building Inspector and a part-time Plumbing IRepector; two different men. The Board has to get one man who is a qualified plumber. The Building Inspector should also not be just a man working with tools but should ha a enough knowledge to analyze a set of plans and know *hat he is looking at. He should also be quali- fied to be able to read the Zoning By-laws and be able to interpret them because the Building Inspector is the one who enforces the zoning laws. He also has to be in very close co-operation with the Board of Appeals. Mr. Ii5urne said that he talked to the man interested in the Plumbing Inspector's job on a part-time basis. He is Charman of the Planning Board in Arlington and therefore knows something about zoning and meeting the public. He said it is possible he could pick up the Building Inspector's work, but unless he proved that he could pick it up, and proved it quickly, he would hesi- tate to go along with one man covering both jobs. Mr. Burns said that unless there is a very well qualified man, it is a full-time job. He said the inspector should not be ex ectad to take work home. Mr. James asked if one man the Board might get would be sufficiently better quali- fied than Mr. Lindstrom so that he could do the work with- out taking it home. Mr. Burns said he might have a definite way of opera- ting. Mr. James asked if only one man were put on now, would it be a temporary solution and Mr. Burns replied that it absolutely would be temporary. It was agreed to employ Mr. Byrne as a part-time Acting Pllpmbing Inspector inasmuch as his father who is now doing the work feels he cannot continue, at a salary of $60.00 per week and to employ Mr. Irwin as Acting Building nspector at $100 per week, both on temporary basis unt 1 the status of Mr. Lindstrom's retirement is determined, effective March 1, 1955. Mr. Bateman retired at 8:10 P.M. Cert .ficate of Incorporation was received from the 592 Secretary of the Commonwealth on behalf of Onie B. Cert. of Woods. Satisfactory character reference. was rs- Inc. calved from the Chief of Police. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to sign the Certificate of Incorporation. Letter was received from John F. MacNeil again requesting an opportunity to meet with the Board for Insurance the purpose of presenting his recommendations in re- gard to placement of town insurance. The Chairman said that he personally contacted Mr. MacNeil and asked if he would wait until the ad- journment of Town Meeting when the Board would be able to devote more time to the subject, and he agreed. Letter was received from Edwin B. Worthen, Presi- Parking dent of the Lexington Savings Bank, together with vote area passed by the Trustees at a special meeting held on February 21, 1955 in re the proposed municipal parking area involving land owned by the bank. The trustees approve the project and believe such a parking lot will be an asset to the Town and they will co-operate to the end that the necessary land owned by the bank, in the rear of its present building, will be .conveyed to the town subject to certain restrictions at a reasonable sum. VNA Use of hall Town Accountant Letter from the Lexington Visiting Nurse,Associa- tion inviting the Board to appoint a representative to the Association's Board of Directors was held over un- til,the next meeting. Messrs. Stevens and Burns retired at 8:30 P.M. Application was received from the Lexington Po- lies Women's Association requesting permission to con- duct a meeting in the conferende room, Cary Memorial Building, on March 3, 1955 from 7:30 P.N. until 10:00 P.N. Upon motion of Mr. Gay, seconded by Mr..Maloney, it was voted.to grant the use of the room free of charge subject to .a fee of $1.50 per hour for janitor's over- time services. The vote passed by the Board last week with ref- erence to the position of Tom .Accountant was.recon- sidered and Mr. James, who was unable to be present at that meeting, said that.he wished to be recorded in opposition. The meeting adjourned at 8:20 P.M. A true record, Attest: Cler , S ko men',, 593 SELECTMEN'S MEETING March 7, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Office, Town Office BuiLding, on Monday evening, March 7, 1955 at 7:00 P.M. Chair- man Reed, Messrs. Bateman, Gay, Maloney and James were present. Mr. Burns, Suptt. of Public Works, and the Clerk were also present. Captain Paul Petelchuk, Middleby Road, met with the Board. He explained that he. is at Harvard College and has just moved into Lexington, taking title in January. He said that there are no street lights on Middleby Road Street and he is concerned because he has three little girls. lights The Chairman said that the Board usually considers all requests for street lights in July of each year and approximately forty lights are recommended each year. The list i submitted to the Boston Edison Company and they install the lights as soon as they can which in some instances is not too fast. He said he thought the request could be included in this year's quota. Captain Petelchuk asked what the town intends to do about the swamp in his general area. He inquired as to whether or not it is burned in the Spring and asked if he could burn it. Mr. Burns explained that it is private property and the owners could request the Fire Department to burn it and in such instances the department usually does if it can be arranged. The ;airman said that there are possibly three or four owrere and explained that their names could be obtained from the Board of Assessors. Captain Petelchuk asked if the town had a mosquito control pr$gram and the Chairman replied that the town contribute# to the East Middlesex Mosquito Control Project. Captain Petelchuk said that Middleby Road is not Middleby accepted and he understands there is a set procedure, Road to which the Chairman agreed. He said that he has been talking tosome of the older residents and they are pressed fo money. He asked if there is any possibi- lity of the town going in there in the Spring and knocking off some of the bumps. 594 The Chairman explained that it is a private way, owned by the people and the town cannot do any type of maintenance work on an unaccepted street. He said that the Captain could contact some of his neighbors and possibly arrange to have the street levelled off themselves. Captain Petelchuk asked if it couldn't be done with town equipment and taxes. The Chairman explained that when a street is con- structed betterments will be assessed. At the present time there are noobetterments, the street is.a private way and each land owner owns•to the middle of the street. He said it is a legal matter. Captain Petelchuk said that he is perturbed be- cause about a half hour's work with the shovel would knobs the bumps off and Mr. Burns explained that there are forty miles of unaccepted streets in Lexington. He said that theltawl doCkAlot have ani moral obliga- tion, but if it did, it would mean hiring thirty men to go all over the town. He stated that the people for whom the town is building streets are paying better- ments and they would not be very happy if the town en- tered unaccepted streets and repaired them. The Chairman explained that once the town made entry it would be required to maintain the street for six years. The only way to have it aceepted is to present a petition and the Board requires the signa- ture of 759 of the property owners. Mr. Gay asked how long Captain Petelchuk expected to live in Lexington and he replied that he will be here three years. The Chairman said that even if the petition were presented now, the budgets would not be considered until next October to be presented at the March Town Meeting and if approved, the work would not be done until September so Captain Petelchuk would have only one year to live there after its completion. Stevens, Town Counsel, arrived at the meeting at 7:20 P.M. Captain Petelchuk retired. Letter was received from the Massachusetts Shade Shade Tree Laboratories re removal of weakened trees and trees planting hurricane zones. Copy was sent to the Tree Warden. Further consideration was given to Mr. J. Cataldots Removal request for removal of a tree which he claimed to be of tree obstructing his driveway on East Street. Members drthe Board and the Superintendent of Public Works viewed the area and recommended removal. ImaglY 1 595 Upon motion of Mr. Maloney, seconded by. Mr. Bateman, it was voted to authorize Mr. Brenton to post the tree for removal. Statement of the amount of water sold to munici- palities of the N.D.C. and revenue received was noted and placed on file. Letter was received from the Department of Commerce in re Chapter x.02 recently enacted. Mr. Stevens checked the chapter references and reported that it does not ap- ply to Lexington. Letter was received from Mr. Donald E. Nickerson, together. with editorial relative to application of the Northeast Northeast Airlines to service the New York -Florida route. Airlines The Chairman was authorized to advise the Civil Aeronautics Commission that the Board of Selectmen of Lexington wish to go on record as being in favor of the petition and recommends favorable action. Bills amounting to $55.50, incurred by Officer John M. Barry as a result of injury received during the per- formance of his duties, was given to the Chairman by Barry Chief Rycroft. injury It was decided to revise the Police Department Expense budget for 1955 by including this item. Letter was received from Mr. Walker, Town Accoun- tant, to which was attached form #28 for use in notify- ing the Division of Civil Service re Mr. John B. Byrne's temporary employment as Plumbing Inspector. He also Plumbing asked if Mr. Lindstrom was to receive any salary for Inspector the month of March, Mr. Stevens, Town Counsel, said that he did not know of any specific provisions and Mr. Lindstrom claims he was disabled in the performance of his duties. Mr. Burns said that he had put through a payroll this week. Further consideration was given to Mrs. Ed. J. Harris' offer of $50 each for tax title lots 32 and 33 Poplar Street. Members of the Board viewed the property and also c.scussed the subject with Mr. Burns. Upon motion of Mr. Bateman, seconded by Mr. Maloney, it was voted to entertain an offer. of $100 for each let with a restriction to be written in the deed whereby ehe erection of a dwelling or principle building on these lots will be prohibited. Tax title property 596 Bond LVNA Mr. Burns retired at 8:15 P.M. Upon motion duly made and seconded, it was voted to approve Surety Bond No. F-150988 in the amount of $2,000 on behalf of William George Dooley as Constable of the Town of Lexington. Mr. Bateman reported that the Chairman of the Board of Health informed him that a clerk would spend two-thirds of her• time on health work. The Board agreed to include two-thirds of the salary recommended in the Public Works Department- Personal Services budget to the Board of Health Perso- aa1. Serviees and one-third to be charged to the Public Works Department - Personal Services budget. Mr. Stevens retired at 9:15 P.M. Further consideration was given to the Lexington Visiting Nurse Association's invitation for the Board to appoint a member to serve on the Association's Board ofDirectors. Upon motion of Mr. Maloney, seconded by Mr. Bateman, it was voted to appoint Mr. Gay as the Board's repro - 'tentative. The Chairman read a letter from Ilda J. Field re - Rummage questing permission, on behalf of the Afternoon Alliance Sale of the Follen Church, for permission to use the Barnes property for a rummage sale on Saturday, June 14, 1955. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to grant the request. April 19th The Chairman read a letter from Mrs. Leslie Simon booth requesting permission, on behalf of the Sacred Heart Women's Club, to locate a booth on the church property on April 19th, The Board had no objection. Application was received from Paul A.•Buckley, on behalf of Lexington Little League, Inc., requesting Use of hall permission to conduct a meeting in Eatabrook Hall on March 23, 1955 and March 214, 1955 from 8:00 P.M. until 10:30 P.M. Upon motion of Mr. Bateman, seconded by Mr. Maloney, it was voted to•grant both requests free of charge. However, a fee of $1.50 is to be charged for janitor's overtime services. The Clerk Was instructed to arrange to have an ad- vertisement (Prepared by Mr. Bateman) for a Town Accoun- 1 1 tant inserted in the Lexington Minute -Man, the Boston Globe and the Herald -Traveler; the latter two to be run through Sunday, March 13, 1955. Mr. Reed, the only contestant for office of Sel- ectman was sworn to the faithful performance of his duties by Mr. James J. Carroll, Town Clerk. Upon motion of Mr. Gay, seconded by Mr. Maloney, Mr. Bateman was nominated Chairman for the ensuing year. Upon motion of Mr. Reed, seconded by Mr. Maloney, nominations were closed. The Clerk cast one ballot for Mr. Bateman and he was unanimously elected Chairman of the Board of Sel- ectmen for the ensuing.,_$ear. Mr. Reed very graeiouely wacpr sed his thanks And appreciation to the members of the Board for assistance and co-operation during his term as Chairman. The Chairman mentioned that the Executive Clerk's term would expire the end of this month. Upon motion duly made and seconded, it was voted to re -appoint Miss Hazel J. Murray as Executive Clerk to the Board of Selectmen for a term expiring March 31, 1956. The meeting adjourned at 9::35 P.M. A true record, Attest: 597 Appointment 598 VOID 1 SELECTMEN'S MEETING March 10, .1955 A special meeting of the Board of Selectmen was held in the Engineers' Room, Town Office Building, on. Thursday evening, March 10, 1955 at 7:30 P.M. Chair- man Bateman, Messrs. Reed, James. and Maloney were present. Alan G. Adams, Chairman of the Planning • Board was also present, along with Mr. Charles H. Vincent, Plant Engineer, Mr. Edward H. Roemer, and Mr. Leicester Coit from the New England Telephone & Telegraph Company. The Acting Clerk was also present. The meeting was held for the purpose of discussing takings from the Telephone Company for the proposed parking area on Waltham Street. Mr. Alan Adams started the discussion by stating there hadn't been any major changes in the original plans of the parking lot. The whole idea is to en- Waltham courage the growth of Lexington center. If it isn't Street done', it will encourage people to go to other towns • Parking to do their shopping, either Bedford or Waltham or • Area some other nearby town which does have parking faci- lities. The original plan was for all of the tele- • phone driveway. Mr. Vincent: As I said before, I don't think that any- thing has been changed. We need some room to get by the building and we need room for the parking of our own vehicles. We don't want to give up any of our land; we would have no access to our building. .Mr. Adams: You can go in through the back. Mr. Vincent: We .can't have any other cars on our property for liability purposes. We would like to have a thirty foot space from our building. All equipment must come in through the rear end. We have to have access to this build- ing and control of the driveway. We nor- mally keep fifteen feet for our driveway. We were f.orced into a business district. It's not ideal by any means. To keep enough room in the back we had to put the building near the street. As you -can real.» ize we have spent lots of money on our of- fice and we look forward to the growth.• Mr. Bateman: Mr. Vincent: Mr. Roemer: Mr. Adams: Mr. Vincent: Mr. Adams: Mr. Reed: Mr. Vincent: Mr. Bateman: Mr. Maloney: Mr. Roemer: Mr. Vincent: Mr. Adams: Mr. Roemer Mr.. Adams: Have you any idea when you will build on to this building? Possibly in two years, by 1957. Lexington is one of the fastest growing - dial equipment offices. We have also planned for one additional story. There have to -be two entrances on Waltham Street. You require fifteen feet from your building.: (Designating spot on map) Over here you mean. Yes, to have the driveway and proper separa- tion. Cars cant park in there and we are afraid of a fire. Anyone else got any alternative solutions? This proposed addition you have in mind, was that an original plan or something new that was to take care of Lincoln and Bedfordt No, in all.our plans in cities we always buy enough for growth. Theresa nothing new in that. As a matter of fact, Lincoln is about one tenth of the building. That is one dif- ficulty we have,.equipment must go into the building a certain direction. Unless you go up on under a second floor. When you built this building these units were not completed? There's no need for them at this time. When we talk about a unit we talk about one com- plete market unit and really now about two thirds of the market unit is installed: Everything that is in there now is complete in itself, but is capable of expansion about one third. Once we start a new unit on the second floor it will be completely -separated. If we ean't complete the market unit, the whole part of the equipment will be wasted. We can get a total of tan thousand stations on one unit. When we fill up all of this equipment we go up on the second floor. What you are worrying about is not the land for the building. You state you have enough land for many years growth as far as the ac- tual building goes. The land that you are worrying about is accessibility. The parking lot will not interfere with the building or the.00nstruction of the building. If we have interpreted these plans correctly. Accessibility is what you mean? 1 1 Mr. Vincent: Mr. Maloney: Mr. Vincent: Mr. Reed: Mr. Vincent~ Mr. Maloney: Mr. Roemer: • Mr. Maloney: Mr. Vincent: Mr. Maloney: Mr. Vincent: Mr. Maloney: Mr, Vincent: Mr. James: Mr. Roemer: Mr. Vincent: The way the equipment is laid out we need the room to get into the back. should think it would be an advantage to have:tha parking lot there. We hale to put a fence up there to divide the property. We would lease this property from the prop- erty owners while.we constructed the parking lot. We would have put up a fence to prevent cars from com;'"on our property and than we can't go on ®/.; property. We will do every- thing possibleto prevent any hazard -to the; public. We are talking about the part you are not going to build upon. You won't be using the part we're talking about for twenty years. Mr. Vincent and T are ally the real estate men of our company buti a have a Board of Direc- tors. As long as we Can have access to the rear and space fortiie parking. Now, there aren't going to be great many people in this building. We don't,'need a great many spaces for parking. Possibly twelve employees will be in this building. You mentioned about }rotection in fencing it in. If that small area were leased to the town, would that relieve your company of any liability connected:to that strip?` Any por, tion that we didn't get along with the town would lease for a dollar. - It still wouldn't get away from the fact t we * uld have cars parked at our back- door,_ In this set-up there would be ample parking in the rear of the building rather than put.°:a fence or some barrier there. The only sure way to keep people from -Parking iN to put up some. sort of an obstruction, if you give up the idea of. the sale of these eight lots. We don't think we will hurt you at all but we do need your co-operation. • We are not going to fight over five or six feet. We will have just a concrete curb just to keep the cars from driving across the prop- erty. W low six inch curb or similar. How many telephones were connected here? One market group will take ten thousand tele- phones. We filed plans md.th these blue prints to show the elementary building. 3 4 Mr. Roemer: Mr. Maloney: Mr. Vincent: Mr. Maloney: Mr. Vincent: Mr. Bateman: Mr. Vincent: Mr. Reed: Mr. Vincent: Mr. Reed: Mr. Vincent: Mr. Roemer: Mr. Bateman: Mr. Reed: Mr. Vincent: Mr. Maloney: In Lexington any place we build we have to go before the Board of Appeals. .I think you are making somewhat of a mistake. If you go along with this parking area, it will be owned as a.municipal parking area. Your parking area will be kept open and protected. I was just wondering if it wouldn't be worth a trial and just see what can happen. The care of it and everything concerned about it woudl be private way but handled by the Town. It would be a duplittate interest. I think what you mean is a possible co -owner- ship. I think that your barrier would create soaae type of hazard, plus the fact that you would have heavy equipment moving in. There would be the possibility of moving in there with a big trailer truck and moving right in. Our legal people mould insist that we have e barrier. I gather that the way it stands in the present matter you would like about eight spaces re- served for cars.. But until the time that you put up these future additions, you wouldn't object. We are going to use them•in two years. You rn uld consider leasing us these eight spaces until such time as you would need them? We. would probably start building in 1956. I don't want to argue about it but we would like to have it. When we leased it from you we would improve all of it. I don't think we should come under fifteen feet. We have oil tanks there. Our oil tanks are right in the middle of the driveway. We have two tanks out there. One is Diesel oil and one for heating oil. The tanks are approximately four or five feet from the side of the building. Suppose we use just part of their driveway? What about putting a sidewalk in between? We try to build most of our driveways fifteen feet. If we don't do this now, we are going to have a condition on Waltham Street where each person will have a driveway. That is not a condition to exist one=a busy street. In other words, if we can bring this thing to a point, we should and soon. 1 1 1 Mr. Roemer: Mr. Adams; Mr. Maloney: Mr. Roemer: Mr. Vincent: Mr. Reed: Mr. Maloney: Mr. Adams: Mr. Roemer: We see no objection to the five foot on the driveway. But in the rear we will consider a possible lease for these five or eight parking spaces. We have no objection beyond that thirty foot line. Then it's about time to discuss price. You heard what I said about pries. If you are in a position to discuss price in all fairness we would like to know. Taking what we can get is' another thing as far as the value is ceneerned. We want you to be fair with' us and we want to be fair with you. We would be willing to sell to you at the same price we sold to Lyons. We got $800.00 from Lyons for 1186 feet. The Planning Board is sponsoring it. We are going to submit the plan, but that doesn't prevent us from making any adjustments. This will be paid for out of the Parking Meter Fund. If we may have it, we would like the adopted plan from you. The meeting adjourned at 9:00 P.M. k true record, Attest: Acting Clerk, Selectmen 6 SELECTMEN'S MEETING March 14, 1955 'A regular meeting of the Board of Selectmen Was held in the Selectmen's Room, Town Office Building, Monday evening, March 14, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Maloney and James were present. The Acting Clerk wat also present. Gasoline hearing was held on behalf of the Ebeo Gasoline Standard Oil Company to increase the underground cape - Hearing city at the premises located at Woburn Street and' Fletcher Avenue, from 4,000 to 8,000 gallons. None of the abutters or property owners appeared in favor' or in opposition. The reason being given for this request was due to the increase in business. There will be less deliveries. Upon motion of Mr. Reed, seconded by Mr. Malbney, it was unanimously voted—to grant the permit. Appointments 'Letter was received from Mr. James J. Carroll, Town Clerk & Treasurer, appointing Mary R. McDonough Assistant Town Treasurer'. and Assistant Town Clerk for the ensuing year. Letter was received from Town Counsel re corres- pondence from Council for the Aging, Boston, Massachu- setts. Town Counsel wrote that we do not have to ap- point a local Council for the Aging. Discussion was brought up re letter for the 1955 Proclamations crusade from the American Cancer Society. The Board decided on a blanket policy on this. Any ndw drives or crusades will be brought up for discussion. Ali other ones we will go along the same as they have in previous years. Pole location Ivan Street frOm Eldred Street held over for Mr. Burns' approval. Upon motion duly made and seconded the following Licenses license renewals were granteds Frederic B. Hubley 1Stetson St. Auctioneer John A. Schoppet Dee Rd. Auctioneer Uses of halls Upon motion of Mr. Reed, seconded by Mr. Maloney the following uses of halls were approved: 1 7 Minute Man Council of Girl Scouts Conf. Room Mareh 18 St. Brigid's Holy Name Society Fstabrook March 15 The Chairman read over correspondence from Albert Tax title Cuoeinello regarding tax title property on Ward Street. property Since Mr. Cueeinello's offer last November 12, 1954, the Board voted to entertain an offer of $300 for each of these lots. Mr. Maloney agreed to discuss the matter with Mr. Cuccinello and advise the Board. Mr. Bateman read a letter from Mr. Carroll, Town Request Clerk, re using the Selectmen's Room for a recount of the votes.per request of Walter S. Beatty, for Precinct Four, Friday evening, March 18th. As the room was not going to be used, Mr. Carroll's request was granted, Mr. Stevens, Town Counsel, arrived at the meeting at 7:45. P.M.. At 7:50 P.M. Mr. and Mrs. Feeley met with the Board re operating the Lexington Theatre. Mr. Feeley stated that he would like to open by March 27th (start showing pictures). They operate three other theatres at present. Mr. Maloney stated that we should get first run pictures to get the people to go to a Aeighborhood Movie theatre. Theatre Mr. Stevens suggested that Mr. Feeley write a letter of application to the Board giving experience and years in the business, also the names of the theatres. Mr. Feeley questioned if there is a possibility of getting an earlier opening in the town on Sundays in- stead of 5:00 P.M. It was agreed that the opening time is by choice. He mentioned that they are going:to in- stall cinemascope pictures. Mr. Feeley showed a photograph of proposed sign which he would like in front of the movie when he operates. In case the sign shown did not meet with our requirements he is willing to comply with any rules. Mr. Feeley also questioned he would like to show movies to choice groups. He is interested in showing special movies for youngsters. He would like to work with the town to co-operate in making the movies in- teresting so as to keep the children off the streets. Mr. and Mrs. Feeley retired at 8:10 P. M. The Acting Clerk left the meeting at 8:15 P.M. Mr. Bateman reported the next day that the following Annual Appointments were made: . APPOINTMENTS MADE 3/11./55 Board of Appeals Board of Retirment Constable (Under Ch.41, Dental Clinic Aiden L. Ripley (5 -year term) Howard S. O. Nichols (3 -year term) Sec. 91A) Charles E. Moloy Director of Civil Defense Dog Officers Executive Clerk, Selectmen . Field Drivers Fence Viewers Lockup Keeper Measurer of Wood & Bark Moth Department Superintendent Public Works Superintendent Registrars of Voters Sealer of Weights & Measures Town Counsel • Town Engineer Veterans' Agent Weighers Mrs. Vincent Burke Mrs. John R. Rich John Blackhall Smith Grant B. Cole James F. Mowat Eugene M. LaRosa Hazel J. Murray John W. Rycroft Benjamin W. Day Rev. Harold T. Handley John J. Garrity John W. Rycroft Harold I. Wellington Charles H. Brenton William M. Burns Charles F. Vaughan (3 -year term) - Ralph E. Chadwick Harold E. Stevens William M. Burns Maurice N. Healy Harold I. Wellington Jacob Bierenbroodspot Paul Wagner, Jr. Arthur Genetti Arthur J. Rivet, Jr. Edna R. Anderson 1 A true record: Attest: Acting Clerk, Selectmen 9 10 SELECTMEN'S MEETING March 19, 1955 The Chairman called a special meeting of the Board for Saturday, March 19, 1955 at 2:15 P.M. for the pur- pose of interviewing applicants for the position of Town Accountant. Chairman Bateman, Messrs. Reed, Gay, Maloney and James were present. A total of thirty-eight applications were received and after study by the Board, the following individuals were selectmed to be interviewed: Edward A. Palmer, 36 Fuller Road, Lexington Daniel J. Aragona, 241-A, Riverside Avenue, Medford Dana Fletcher, Plain Road, Nabnassett Lawrence P. Stone, 23 Ingleside Avenue, Winthrop Frank P. Congdon, Jr., 44 Pilgrim Road, Reading Lester F. Boyce, 41 Linden Street, Brookline Each member of the Board interviewed the six appli- cants individually. After a thorough study of the in- formation submitted on the applications, it was agreed that Mr. Palmer was the man best qualified for the posits tion and it was, therefore, unanimously voted to appoint Mr. Edward A. Palmer, 36 Fulier Road, Lexington as Town Accountant for a three-year term effective April 1, 1955 at a salary of $4500 per year. Upon motion duly made and seconded, it was voted to approve payment of $250 for Mr. Frank D. Walker's ser - Vices as Secretary to the Appropriation Committee inas- much as he has completed the major portion of the work necessary for the Committee. 1 11 SELECTMEN'S MEETING March 21, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 21, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay, Maloney and James were present. The Clerk was also present. Civil Service Authorization and Notification of Employment of John Byrne, Jr., as temporary Plumbing Plumbing Inspector for a period of six months was received. Inspector Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize the Chairman to sign the docu- ment and return it to the Division of Civil Service. Certificate of Incorporation was received on be- half of Lillian H.. Drury, 5 Locust Avenue; the cor- poration to be known as the Community Friends of the Metropolitan State Hospital, Inc. for the purpose of bringing cheer and aid to the adults and children of the Metropolitan State Hospital. Satisfactory charac- ter reference was received from the Chief of Police. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign the certificate and return it to the Secretary of the Commonwealth. Cert. of Inc. The Chairman read a letter from James E. Collins, Trust Fund Agent, Board of Public Welfare, requesting approval of Transfer an expenditure of $146.30 from one of the trust funds to pay for hospitalization of Anna Black, 16 Butler Avenue, Lexington. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to request the Trustees of Public Trusts to transfer the sum of $146.30 from the Bridge Chari- table Fund. The Chairman read a letter from James J. Carroll, Resignation Town Clerk, advising that he has received an official redignation, as a member of the Appropriation Committee, from Gardner C. Ferguson, effective at the elose of the 1955 Annual Town Meeting. Upon motion of Mr. Gay, seconded by Mr. Reed, it Licensee was voted to grant the following licenses: Win S. Couette Rovert N. Cann 1719 Mass. Avenue Auctioneer 48 Hancock Street • 12 Fairmount Amusement Corp. 17914 Mass. Ave. Theatre " u " 1794 Mass. Ave. Sunday Movies Mr. Gay called the Board's attention to the damage Damage to done to the Selectmen's table during the recent recount Selectmen's of votes oast for Mr. Walter Beatty, Town Meeting Mem- table bor. He said that in his opinion the Board of Regis- trars should be liable for the expense of restoring the table to its original condition. The Chairman.said that he would bring the matter to Mr. Carroll's attention after the final adjournment of the Annual Tow Meeting. .The meeting adjourned at 7:50 P.M. A true record, Attest: Clerk,. SeiectmOn 13 SELECTMEN'S MEETING March 28, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 28- 1955 at 7:00 P.M. Chairman Batsman, Messrs. Reed, Gay, Maloney and James were present. The Clerk and Mr. Burns, Supt. of Public Works, were also present. Petition was received from the New England Tele- Pole phone and Telegraph Company for permission to remove removals two poles from Woburn Street. Mr. Burns, Town En- gineer, had no objection. Upoh motion of Mr. Reed,. seconded by Mr. Maloney, it was voted to grant the petition. Further consideration was given to Mr. J. Cataldo's request for the removal of a tree from in front of his Tree driveway at 198 East Street. -At notice of removal removal was posted and a hearing held. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to authorize Mr. Brenton to have the tree removed. Further consideration was given to the Assessors' letter in re sewer betterment of $825.79 levied against property of Mrs. Maria V..Ch.iesa's property on Adams Street and deferred under Chapter 159 of the Acts of Chiesa 1950. sewer Inasmuch as the land has been sold, upon motion assessment of Mr. Maloney, seconded by Mr. Reed, it was voted to request the Board of Assessors to commit the entire amount to the Tax Colleetor for collection. Upon motion of Mr. James, seconded by Mr. Reed, Bond it was voted to approve Surety Bond F-116373 in the approved amount of $61,300 on behalf.of James J. Carroll as Town Treasurer. Upon motion of Mr. James, seconded by Mr. Reed, Bond it was voted to approve Surety Bond in the amount of approved $5,000 on behalf of Mary R. McDonough as Assistant Town Treasurer. Upon motion of Mr. James, seconded by Mr. Reed, Bond it was voted to approve Surety Bond 1478919 in the approved amount of $68,500 on behalf of Mrs. Ethel U. Rich as Collector of Taxes. 14 Cert. of Inc. Cert. of Inc. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign a Certificate of Incorporation on behalf of Daniel D. Montague; satisfactory character. reference having been received from the Chief of Police. Upon motion of Mr. James, seconded by Mr. Reed, it was voted to sign a Certificate of Incorporation on behalf of John A. Collins and George Hansen, Jr.; satisfactory -character references having been received from the Chief of Police. The Chairman read a letter from the Cemetery Com - Cemetery missioners advising that William G. Potter has been Appointments elected Chairman for the ensuing year; Maurice Healy appointed Superintendent and Louise Healy appointed Clerk. Licenses Use of Hall Barnes property Upon motion of Mr. Reed,. seconded by Mr. Maloney, it was voted to grant the following licenses: Theron H. Gough Margaret McLaughlin Albert J. Cavatorta Lexington Theatre 451 Concord Ave. 24 Harding Road 12 Forest Street 1794 Mass. Avenue Peddler Auctioneer Auctioneer Sunday Movies Upon motion duly made and seconded, it was voted to grant permission to the Lexington Police Women's Association to conduct a meeting in the Conference Room, Cary Memorial Building, on April 7, 1955 from 7:00 P.M. until 10:00 P.M., free of charge, but sub- ject of janitor's fee of $1.50 per hour. Upon motion duly made and seconded, it was voted to grant the Holy Child Guild permission to use the Barnes property for a rummage sale on Saturday,•May 7, 1955. Upon motion duly made and seconded, it was voted to sign.deed prepared by Town Counsel conveying lots 7,8, 10 and 11, Avon Street to Frank T. Grazulis and Julia A. Grazulis, t by e. Tax title The original was mailed to Town Counsel who will property forward it to the purchasers' attorney and a copy filed with the Building Inspector so.that he may have a record of the restriction in the deed. Chapter 90 The Board discussed the motion under Article 16 with Town Counsel and it was unanimously a eed to recommend the amount of $80,000 of which 0,000 is to O C") gar 1 1 15 be allocated by the State and *20,000 by the County Chapter with the understanding that no funds will be. requested 90 for Chapter 90 Construction in 1956. The meeting adjourned at 7:50 P.Y. A true record, Attest: • 16 SELECTMEN'S MEETING April 14, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 4, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed and James were present. The Clerk was also present. Mr. Maloney and Mr. Stevens, Town Counsel, arrived at the meeting at 7:25 P.M. Chelmsford The Chairman read a letter from Thomas R. Hennessy, celebration Chelmsford Tercentenary Committee, Inc., advising that the Town of Chelmsford will observe its 300th anniver- sary June 9, 1955 through June 12, 1955 and invited Lexington to participate. The Clerk was instructed to send a copy of the letter to the Lexington Minute Men, Inc., American Legion Drum Corps and the High School Band. The Chairman read a letter from Allen Electric Service together with bill in the amount of $316.37 Allen balance due for labor and material installing lights Electric Co. at the Adams School Skating Rink. bill The Board was of the opinion that the town is obligated to pay the balance due, Mr. Allen having personally cont1ibuted $200, and further that it should be paid from the Recreation Committee's approp- riation. The Chairman was authorized to so advise the Committee and request an explanation of the entire situation. Application for a Used Car dealer's license, to do business at 915 Waltham Street, (presently Hardy's Used Car Garage) was received from Manuel V. Chavez of Waltham license and William. Schick of Marlboro. Satisfactory charac- ter reference was received from the Chief of Police. The Chairman of the Board was authorized to in- terview Mr. Chavez before the Board takes any action on the application. Sunday Upon motion of Mr. James, seconded by Mr. Reed, license it was voted to sign a Sunday Movies License for the Lexington Theatre. The Chairman reported that Chief Rycroft seems to think now that he would like to have Lenk radios installed in the police cars. He would, of course, invite bids. Radios for Town ears zad 1 1 17 The Chairman was authorized to contact Mr. Cousens Radios for and arrange for a meeting with Messrs. Roeder, Cole, Town cars Chief Rycroft and Mr. Burns to discuss the subject of radios for town cars. The meeting adjourned at 7:55 P.M. A true record, Attest: / 42,9 Cleric, Se eotme . 18 Tree removal SELECTMEN ' S HEFTING April 11, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 11, 1955 at 6:15 P.M. Chairman Bateman, Messrs. Maloney, James, Reed and Gay were present. The Clerk was also present. The Chairman read a letter from Mrs. Arthur J. Gore, 38 Grove Street, requesting removal of a crab apple tree located on town property. She explained that the apples fall off onto her property which nec- essitates raking them up and transporting them to a back field. Before making a decision, the Board is to view the tree and also obtain a report from Mr. Brenton, Tree Warden. The Chairman read a letter from the Middlesex Chapter 90 County Commissioners, together with suggested form petition of petition, in re Chapter 90 work on the new way known as -Winchester Drive. The Board signed the petition and returned it to the Commissioners. Tree removal Proposed State, Field Office Consideration was given to Mrs. Mary Covello's request for removal of a tree and relocation of a fire hydrant from in front of a house being erected on Massachusetts Avenue. The Chairman reported that he had viewed the property and unless there is some reason of which he is unaware, he does not think the tree should be taken down. It was agreed to invite Mrs. Covello to meet with the Board next Monday night to discuss the subject. The Chairman read a petition, signed by Mrs. Ingeborg Swenson, et al, to Commissioner Volpe pro- testing the proposed District Field Office to be lo- cated in the vicinity of Spring Street and Route 128. He reported that Mr. Maloney had discussed the sub- ject -with Mr. M. Edward Viola and was advised to have the Board write to him stating its position in the matter, which is opposition to the office being located in this residential area. The Chairman was authorized to write Commissioner Volpe and Mr. Viola; a copy of the communication to the Commissioner to be forwarded to Mr. Viola and a copy of both letters to be sent to Mrs. Ingeborg Swenson. = 1 19 Request was received from the Boston Edison Com- Pole pany and the New England Telephone and Telegraph Com- location pany for rights and easement to construct, install, repair, renew and maintain one anchor guy and one pole on Ivan Street. Mr. Burns explained that the Town owns tax title property and as a property owner is an interested abutter. He said that he could see no objection to granting the request. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant the request and sign the instru- ment. Letter was received from Gabriel Baker, Harald Michelson and David Goldberg requesting permission to `invite Esther Herlitz, Consul for the State of Israel, to plant a tree from that State on the Common in com- memoration of the seventh anniversary of the estab- lishment of the State of Israel. Inasmuch'as the memorials, including trees, now located on the Common have been limited to those in connection with the Battle of Lexington or Lexington veterans of other wars, the Board was not in favor of granting the request. It was the opinion of the Board that an undesirable'preeedent would be established. Photostatic copy of Chapter 228 of the Acts of 1955 was received. This Act validates the acts and proceedings at the adjourned session held on March 28, 1955 of the annual Town Meeting. Letter was received from Mrs. Edward J. Harris, 5 Garfield Street, advising that she is willing to pay $100 each for lots 32 and 33 Poplar Street, the price Tax title established by the Board, and would also accept re- property striations in the deed preventing the erection of a dwelling or principle building on .the lots. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was Voted that a proposal to sell the lots be ad- vertised its the Lexington Minute -Man; further con- sideration to be given the offer at the next meeting of the Board. Request to plant tree on Common Act Letter was received from Albert C. Cuccinello, 693 Marrett Road, offering $100 each for lots 1 and Tax title 2, Block 29, Reed Street. Mr. Cuccinello has con- property tasted the owner of Lot 3 and agreed to terms if he is able to acquire lots 1 and 2. Before making any decision on the offer, the Board will view the lots. 20 Boy Scout Pilgrimage The Chairman read a letter from Rex I. Gary, Scout Executive, inviting the Board to attend the Tenth Annual Minute Man Pilgrimage of the Boston Cound.l, Boy Scouts to Lexington on Saturday, April 23rd, Mr. Gay agreed to represent the Board again this year. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to request the Package'Goods Stores to re- main closed all day April 19, 1955. Letter was received from John Brucchi requesting April 19th permission, on behalf of the Lexington Post No. 3007, Sand Veterans of Foreign Wars, to locate a stand at the triangle of Bedford and Hancock Streets on April 19th. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the request. The Clerk reported that Dr. John E. Murray called Paper Drive the office and requested permission, on behalf of the Archbishop Cushing Paper Drives, to conduct a drive in Lexington on Sunday, May 1, 195. Upon motion of Mr. James, Seconded by Mr. Maloney, it was voted to grant the request. - Application was received from the Lexington Police Use of hall Women's Association requesting permission to use a Conference Room on April 19th from 10:00 A.M. until 4:00 P.M. on which date they will entertain Police Women from Belmont. The Clerk reported that the building will be open that day inasmuch as the Chief of Police will be serv- ing food to special officers on duty for the holiday program. Upon motion duly made and seconded, it was voted to grant the use of the room. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to grant the following licenses: Jurors Lex. Cab. Co. Lex.Bowladrome Durand Chocolate Shop Kieran J. Lowry Salvation Army 11 Depot Square 1698 Mass. Ave. n e1 P1 1780 Mass. Ave. 286 tincoln St. • 87 Vernon St. Public Carriage 'Bowling Alley Sunday Bowling Sunday Sales n n Junk Collector Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. John J. Hardy, carpenter, 1014 Vine Street and 1 renewal 1 14 21 James L. Sheridan, estimator, 29 Spring Street, were drawn for jury duty. Mr. Carroll retired. At 7:00 P.M. hearing was declared open upon peti- Pole tion of the Boston Edison Company and the New England locations Telephone Company for permission to locate eleven poles on Winchester Drive. Messrs. Mahon and Consilvio, representing the petitioners, were the only persons present at the hear- ing. The proposed locations were approved by Mr. burns. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole locations: Winchester Drive, northeasterly from a point approximately 30 feet northeast of Lowell Street, eleven poles. • Messrs. Mahon and Consilvio retired at 7:30 P.M. Request was received from Emma L. VanClette, 37 West Newton Street, Boston for permission to sell balloons at 8147 Massachusetts Avenue on April 19th. The Chief of Police was not in favor of granting the permit. Upon motion duly made and seconded, it was voted to deny the request. At 7:05 P.M. Mr. Manuel V. Chavez met with the 2nd Class Board re application for Second Hand Motor Vehicle Motor Vehic14 license to operate at 915 Waltham Street, Mr. Hardy, License now operating the business, was also present. Mr. Chavez explained that he is putting in a used car lot and is negotiating fora franchize with the Packard Agency. He said the premises have been cleaned rip some and he plans to clean the entire area. The Chairman asked if Mr. Hardy intended to sell the business and Mr. Chavez replied -that he will be renting, with an option to purchase. Mr. Hardy stated that there will be two busi- nesses but only one license as he intends to give up his license. He will continue to do repair work and rent Mr. Chavez the showroom and lot. Mr. Reed asked if Mr. Chavez would do any repair work and he replied that Mr. Hardy will do it but if he is too busy, Mr. Chavez will have his own mechanic. The Chairman said that the premises were very un- sightly and depreciating the property in the entire area and it is not fair to the property owners. He said he did not think a license should be granted un- less the premises are cleaned and kept clean. April. 19th 22 Special Police Mr. Chavez said that if the Board would give him two weeks he would have the property in good condition. He said that within three weeks he plans to have the area hardtopped and Mr. Hardy will co-operate in keep- ing the back area cleaned up. Mr. Gay inquired about the number of cars and Mr. Chavez replied that there would be between seventeen and twenty; two inside. Mr. Gay asked if he intended to repair second- hand ears or dismantle them for parts and Mr. Chavez replied that he would operate a used car business for retail only. The Chairman asked if he operated a business in Waltham and he replied in the negative. He said he has been in the automobile business for four years but never had a license before. The Chairman said the Board would discuss the sub- ject and advise him of its decision. Mr. Chavez and Mr. Hardy retired at 7:15 P.M. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to grant a Second Class license to Manuel V. Chavez and William Schick, U.b.a. Wal -Lex Motors, 915 Waltham Street; it to be definitely understood that the premises are to be kept in a neat and orderly condition at all times. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to appoint the following individuals (all ap- proved by the Chief of Police) as Special Police Of- ficers in the Town for terms expiring March 31, 1956. SPECIAL POLICE COMMISSIONS Acheson, Eugene A. Allen, Charles D. Allison, Howard D. Anderson, Carl Andrews, Daniel J. Barrett, Elliott d. Beauchesne, Joseph Bickford, Walter E. Bradford, Arnold. P. Brunn, Ewart M. Butler, Lawrence M. Cabral, Joseph E. Carroll, James J. Clifford, Maleolm H. Colbert, Edward P. Colesworthy, G. B. Jr. 26314 Massachusetts Avenue 4 Paul Revere Road 15 Utica Street 231 Bedford Street 21 Shirley Street 232 36 82 140 214 147 514 Lincoln Street Adams Street Waltham Street Pine Knoll Road Downing Road. Woodland Road North Street Muzzey Street Chase Avenue 7914 Massachusetts Avenue 23 Hancock Street 1 Conklin, George F. Jr.. Crosby, Vernon R. Curran, Michael D. Davis, Daniel E. Dearborn, Horace G. Dearborn, Murray G. Dermody, Roderick Dooley, Henry W. Dow, Kenneth W. Dreselly, Andrew Eriksson, E. Alden Fifield, Donald M. Finney, Charles A. Flack, Clifford F. Foster, George E. Gagne, Maurice A. Galvin, Roswell P. Garrity, Jerome F. Greening, Caywood Howie, Colin A. James, Henry T. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. Kakas, Edward G. Kleinberg, Edward P. Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. MacDonald, Charles MacKechnie, H. K. Maloney, William E. Marcus, Hymen Martin, Clifford M. McInnis, Richard Melquist, John Merz, William F. Moakley, Richard Moloy, Charles E. 15 Nichols Road 5 Sunnyknoll Avenue 24 Baker Avenue 8 Plainfield Street 16 Stratham Road 16 Stratham Road 1722 Massachusetts Avenue ?7 Baker Avenue 5 Bedford Street 15 Goodwin Road 41 25 141 10 Preston Road Adams Street Albermarle Avenue Outlook Drive Plainfield Street 18 Middle Street 21 Crescent Hill 15 Theresa Avenue 688 Marrett Road 14 Scotland Road 28 Vaille Avenue 46 Fern Street 51"Spring Street 36 Woburn Street 27 Harding Road 44 Locust Avenue 41 Moreland Avenue 11 153 11 58 24 12 289 219 83 86 252 19 23 Spencer Street Shade Street Hancock Street Oak Street Bernard Street Winthrop Road Bedford Street Massachusetts Avenue Hillside Terrace Cary Avenue Gleason Road Marrett Road Adams Street Webb Street 23 24 Moretti, Jospeh A. Murphy, L. Francis Myatt, Robert MacLean, Ralph D. Nickerson, Benjamin O'Connor, Daniel P. Parker, Edwin F. Palermo, Victor Pierpont, Wilfred D. Jr. Polley, John D. Redmond, James Reilly, John F. Richards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rosendorn, Louis Rudd, C. R. Ruocco, Louis Ryan, William J. Samuels, Frank T. Jr. Saunders, Robert W. Schofield, Clessan G. Sellars, John A. Seymour, Cyril V. Shaw, James C. Slader, Frederick Smith„ Edward C. Smith, Walter C. Jr. Sorenson, Axel Thompson, John H. Turner, Gerald C. Walsh, James V. Webb, Edmund A. Webb, Melville W. Wilson, Davis S. Jr. Wright, Glenn Young, Stanley R. Zittell, George S. Zitso, Peter 8 Rindge Avenue 5 Bennett Avenue 9 Sunnyknoll Avenue 9 Spring Street 81 Gleason Road 49 Cedar Street 9 Forest Street 20 Avon Street 4 Taft Avenge 189 Wood Street 7 Dunham Street 143 Downing Road 7 Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 50 Fottler Avenue 30 Prospect Hill Road 28 Theresa Avenue 6 Camelia Place 31 Grassland Street 295 Marriott Road 7 Pleasant Street 430 Concord Avenue 11 Bedford Street 11 Hamblen Street 23 North Hancock Street 55 Taft Avenue 17 Coolidge Avenue 117 Bedford Street 274 Marrett Road 9 Hillside Terrace 1 2 Bedford Street 3 Hayes Avenue 2 6 Lincoln Street 11 Hamblen Street 67 Simonds Road 86 Winter Street 306 Lowell Street 65 Williams Road c" Cid 1 25 SPECIAL POLICE OFFICERS - TERMS EXPIRING March 31, 1956 Adams Press Deputy Chief Fire Department Janitor, Town Office Park Department 16140 Massachusetts Avenue Selectman Alan G. Adams Roy A. Cook Anthony Rochette Charles Brenton Ralph I. Dale Haskell W. Reed Frederick M. Gay Leon W. Bateman Raymond W. James William M. Burns Francis J. Smith James Stuart Smith William L. Harrington John W. Alexander Henry Brown, Jr. James W. Manning Bart Halmkin w Supt. of Public Works Keeper, Hobbs Brooks Reservoir L{ Percy'Road Metropolitan State Hospital n: 173 Hancock St., Cambridge (Belmont Country Club) 31 Muzzey Street (Old Belfry Club); LINCOLN PROJECT - M. I. T. August S. Cidaho Donat A. La Cased, George C. McKenny George Richardson 55 Lake Street, Wilmington 22 Spring Street, Lexington '115 Brown Street, Brookline 272 Channing Road, Belmont 26 SPECIAL POLICE - SCHOOL JANITORS Clarence MaePhee George Doughty, Jr. Thomas F. Ryan Louis A. Bonney William A. Knight Carl R. Petterson Hprace W. Bonney Anthony J. Janusas Thomas Sullivan David Kidd William P. Casey William J. Marshall Generino Santosuosso Edward T. McDonnell School Department 9 Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to re -appoint the following individuals to serve on the Board of Public Welfare and Old Age Assistance for terms expiring March 31, 1956: Harold F. Lombard 'Howard H. Dawes John A. Sellars The Chairman reported that Mrs. Ash had expressed Extra the desire to take a month's vacation at onetime, two vacation weeks without pay. He explained that the Clerk had no time. objection providing it could be worked out so that neither she nor the telephone operator would be left alone. The Clerk was asked if this were to be an annual request inasmuch as Mrs. Ash had extra time off last 1 27 year, or if it is for this year only. She replied that insofar as she knew this was not to be an annual request but that Mrs. Ash felt her health would be better if she had an additional two weeks. The Board had no objection providing it is not establishing a precedent and would not affect the work in the department. Mr. Reed reported that there is an outstanding Water bill water bill in the amount of *80 against Mr. Head who abated receives Old Age Assistance and lives in a house now owned by the Town. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to abate the bill. Letter was received from the Board of Fire En- Roy Cook's gineers, to which was attached a report from Chief accident Engineer Roy A. Cook relative to an automobile acci- dent involving his car that occurred in Lexington Center on April 8th. The Chairman was authorized to invite Chief En- gineer Cook to meet with the Board next Monday night for the purpose of discussing the rate of speed fire apparatus travels through the center and further to advise the Board of Fire Engineers of the appointment. A brief discussion was held re appointment of a Building and Plumbing Inspector and the Chairman said that he would like to check with the Division of Civil Service to obtain more information as to the certified list and who must be appointed from the list. The meeting adjourned at 7:50 P. M. A true record, Attest: Clefik, S 1ectm`n • 28 SELECTMEN'S MEETING April 18, 1955 A regular meeting of the•Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, Apri 1 18,1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay, James and Maloney were present. The Clerk was also present. Mrs. Arthur Gore's request to have two crab Tree removal apple trees removed from -in front of her property 38 Grove Street was held over from last week. Mr. James reported that he had been up to view the trees but he was unable to determine whether they are on town property or private property. He said he thought they should be taken down and if they are on town property the town should do -the work. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to post the trees for removal if, after checking with Mr. Burns, it is found that they are on town property. Tree removal Tree removal Mr. Gardner Frost's request for removal of two poplar trees from in front of his property at 31 Hayes Avenue was held over. The Chairman reported that these two trees are definitely on town property. It was voted to have the trees posted for removal if it meets with Mr. Burns' approval. The Chairman read a letter from Morris Motors requesting removal of a tree from in front of 100 Waltham Street. Mr. Bloomberg claimed that branches of the tree are constantly breaking off and falling on the cars on display. It was decided to check with Mr. Burns to find out whether or not the problem can be solved by trim- ming before taking any action relative to having it posted for removal. The Board gave further consideration to Mr. E. Tax title J. Harris' offer of $100 each for Lots 32 and 33 . property Poplar Street. A proposal to sell these lots was ad- vertised in the April 14, 1955 issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. 0.1 1 1 29 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sell and convey Lots 32 and 33 Poplar Street to Mr. E. J. Harris; the deed to be so drawn that it will prohibit erection of a dwelling or prin- cipal building on these lots. Mr. Albert Cuecinello's offer of $100 each for Tax title lots 1 and 2, Block 29, Reed Street, was again held property over. Letter was received from the Arlington Board of Selectmen with reference to the problem of pro- viding a location for the disposition of rubbish un- der the sanitary fill method of disposal. The Town of Arlington owns a large tract of land in Lexinhgton, known as the Great Meadows, and suggested that a plan be worked out whereby the land could be used for the above-mentioned purpose. The Chairman also read a letter from Mr. McQuillan, Chairman of the Board of Health, in re two requests received for a permit for sanitary fill- ing operations to be done by the Town of Arlingtn. One request was from Jerry Cataldo regarding his land on Bow Street and the other was from Father Kinneen regarding his land on Vine Street. Dump Dump The Chairman was authorized to advise the Arl- ington Board of Selectmen that under no .conditions would the Selectmen of Lexington consider allowing Dump dumping in Lexington at any time. The Board of Health i s to be advised that the Selectmen would definitely be opposed to any other town using Lexing- ton as a location for rubbish disposal. Mr. James reported that he• had license numbers of four cars, the occupants of which were throwing rubbish in the Lincoln Street dump after four o'clock. It was the decision of the Board to have the informa- Dump tion referred to the Police Department. Mr. James suggested extending the time for clos- ing the dump during daylight saving hours, possibly setting the time as eight o'clock. The Chairman agreed to work something out with Mr. Burns relative to change in closing hours and effective date. Mr. Stevens, Town Counsel; arrived at the meet- ing at 7:35 P.M. 30 Notice was received from the Middlesex County Selectmen's Selectmen's Association relative to the, Spring meeting Assn. to .be held in the new Police Station, Wakefield, on meeting Wednesday evening, May lath. It is expected that all the members of the Board will be able to attend. Parking The Chairman read a letter from William Roger Greeley suggesting that parking be prohibited in front of the Hunt Block in Lexington Center. Even though elimination of parking meters in this area would necessitate changing the Traffic Rules and Orders, which must be approved by the State De- partment of Public Works, the Board was of the opinion that the idea justifies serious consideration. The Chairman was authorized to discuss the sub- ject with the Chief of Police and report back to the Board next Monday night. Mr. Covello, 74 Summit Street, Arlington, met with the Board re his request to have a tree removed from in front of a house he is building atn320 Massa- chusetts Avenue. The Chairman explained that some members of the Board had been down to look at the tree and said that frankly he could not see why the driveway could not be on the other side of the house because it will be expensive to take the tree down, and move the fire alarm system. Mr. Covello said that he has the foundation in already but it will not be necessary to change the fire alarm system. He explained that if the driveway was located on the other side of the house it would necessitate construction of a retaining wall. Mr. Reed asked how many more trees would have to be removed and Mr. Covello replied that this is the only one. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to have the tree posted for removal. Mr. Covello retired and Chief Engineer Roy A. Cook met with the Board. The Chairman explained that the Board is very Speed of much concerned about the speed at which fire appare- fire tus and the Chief's car is driven around town, par- apparatus titularly in the center. He also referred to the speed of the engines going from one station to another to cover during a fire. Chief Cook said that there is a set speed out- side the center and it is posted on the dash of all equipment. He said that the equipment painted red actually is not traveling at the rate of speed it ap- 0 rai 1 1 pears to be and that he was driving only about twenty- five miles per hour last week when his accident oc- curred. Mr. Reed said that anyone waiting for the arrival of fire apparatus thinks it,takes forever but actually it is only a matter of minutes. He stated that the Board is more concerned about the speed in the center of the town. Mr. Reed asked if the apparatus is always driven by the same man and Chief Cook replied in the negative. He said that they alternate. Mr. Reed said that he thought Chief Cook was the one to speak to the men in his department on the sub- ject and Chief Cook said that he has already asked his men to co-operate. Chief Copk retired at 8:30 P.M. Petition was received, signed by the required number of registered voters, requesting a referendum Referendum upon the vote adopted under Article 58 of the warrant for the 1955 Annual Town Meeting. Upon motion duly made and seconded, it was voted to hold a referendum on Monday, May 9, 11955, the war- rant to be signed on Monday, April 25, 1955. The Chairman read a letter from John T. Blackwell with certain recommendations in reference to the Building Building By -Laws. At suggestion of Town Counsel copy By-laws of the letter was referred to the Building and Plumb- ing By -Law Study Committee for consideration in con- nection with its present study of the By -Laws. Mr. Stevens retired at 9:15 P.M. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign a Certificate of Incorporation on behalf on Clarence W. Johnson and Thomas A. Napoli, sat- isfactory character references having been received from the Chief of Police. 31 Speed of -fire Apparatus Upon motion of Mr. James, seconded by Mr. Gag, it was voted to grant the following licenses: Minute Man Cab Marcia W. A. Dane WardrobeJs Pharmacy Town Line Pharmacy, Inc. Joseph Angioletti Jloseph DePelice Milton John Smith r Public Carriage Renewal Intelligence Office »_ Sunday Sales u es to M M N M e Peddler Peddler New Cert. of Inc. Licenses 32 Fire Comm. The Clerk included an item on the agenda re appointment to the Board of Fire Commissioners, Mr. Sheldon's term expiring May 1, 1955. No action was taken. It was agreed to view several parcels of tax Tax Title title property, for Which offers have been received, on Thursday, April 28th. Appointment Upon motion duly made and seconded, it was voted to to appoint Ernest E. Stokes, 21 Oaklaid Street, a Recreation member of the Recreation Committee for a three-year Committee term expiring March 31, 1958. The meeti ng•adjourned at 9:35 P.M. A true record, Attest: CZ C") 1 SELECTMEN'S MEETING April 25, 1955 A ,regular -'meeting of the Board of Selectmen was Meld in the Seldotmen's Room, Town Office Building, on Monday, April 25, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay, Maloney and James were present. Mr. Burns, Supt. of Public Works, and the Clark were also present. Hearing was declared open upon petition of the New England Telephone and Telegraph Company and the Boston Edison Company, for permission to relocate -one pole on Hill Street. Mr. Mahon, representing the Boston Edison Com- pany Mr. Leeland G. McConchie and Mr. S. Richard Childerhouse were present at the hearing. Mr. Mahon explained that the proposed relocation will improve the company's operating conditions. Mr. Childerhouse said that he lives at 8 Diana Lane and assumes that the proposed change is for the convenience of installing service for Diana Lane. He said that he is interested only in the schedule of re- moving the pole from one side to another and whether or not there would be any interference with the trees. .Mr. Mahon stated that he was very certain there would not be any interference. Mr. Childerhouse said that he assumed lines could not be run from the new location to pole #327 which is the one up Diana Lane, but would run on other poles. Mr. Mahon explained that the section would be much too long. Mr. Childerhouse said that he is not objecting and in fact thought the'idea was a good one. The hearing was declared closed and Messrs. Childerhouse and McConchie retired. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the petition for the following pole location: Hill Street, westerly side, opposite Diana Lane, One pole. (One existing j/o pole on easterly side to be removed) At 7:03 P.M. hearing was declared open upon.peti- tion of the New England Telephone & Telegraph Company and the Boston Edison Company for permission -to locate one pole on Waltham Street. 33 location 34 Mr. Mahon, representing the Boston Edison Com - Pole pony, was the only person present at the hearing. He location explained that this petition concerns an existing Edison pole which the company desires to make jointly owned. • Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the petition for the following pole location: Traffic Muzzey St. Waltham Street, southeasterly side, approxi- mately 560 feet northeast of Lexington - Waltham line. One pole. Mr. Mahon retired at 7:10 P.M. and Chief John W. Rycroft met with the Board. The Chairman explained that the Chief had been invited to meet with the Board this evening relative to accidents on Muzzey Street. He also referred to Supt. Smith's letter of April llth on the same subject. The Chief referred to Mr. Smith's statement that the "No Parking' signs on Muzzey Street are constantly violated and stated that these signs were only painted about three weeks ago. He explained that the poles have been changed so that they are now at an angle and since the change there have been no violations. He said that he could not have cars towed away merely be- cause someone parked them there. He explained the first offense is $1.00; second *2.00; third, *3.00 and fourth $4.00. He stated that all he can do is make the offenders pay the fines. He stated that the question of making Muzzey Street one-way has been debated for years, and it would be difficult. Howeber, he said he could request the State Department of Public Works to look the corner over, make a survey and then decide whether it should be one-way or not. He emphasized that the accidents on Muzzey Street all involve local drivers. He said the corner is wide enough and there doesn't seem to be too much speed, but one driver will not wait for another driver.. He mentioned one instance of speed and reported that the driver's license has been taken away Chief Rycroft said that the telephone company will be moving out before long. They have sixty operators and most of them drive cars. He suggested waiting until after the exchange is closed. The Chairman asked for his recommendation and the Chief said that Muzzey Street could be made one-way from Forest Street to Park Drive, going towards the school. Furthermore, a survey could be made to determine Ina 1 1 1 whether the State Department of Public Works would approve Stop and Enter signs. Mr. Reed stated that he thought the Stop signs would have to be only going into Muzzey Street from Forest Street and not on all four corners. He said that apparently this problem had been postponed for years and he thought some definite action should be taken. He said that if a survey is necessary to permit Muzzey Street being one-way, it should be started im- mediately, and he personally felt it should be one-way. Mr. James said that whatever is decided in regard to Mnazey Street will affect Forest and Clarke Streets and he felt the project should be studied as a unit. Mr. Gay suggested making Muzzey Street one-way right to Massachusetts Avenue. Mr. Reed said that if anything is to be done on Muzzey Street, something would have to be done about Forest and Clarke Streets. The Chairman said that the answer appears to be making a survey from Waltham Street to Clarke Street and down Park Drive. Reference was made to Mr. William Roger Greeley's letter suggesting that parking be prohibited in front of the Hunt Block. The Chief said that he did not see what could be gained and the Chairman stated that instead of one lane -of traffic going north during rush hours there would be two lanes. The Chief said it would hhlp the situation in that particular location but .questioned making such a move when the Town is seeking another parking area. He stated that the congestion is for only an hour or an hour and a half and suggested eliminating parking be- tween the hours of 4;00 P.M. and 6:00 P.M. Mr. Stevens, Town Counsel, arrived at the meeting. Mr. James said that if it would help the parking problem, some action should be taken. Mr. Burns explained that before meters were in- stalled on Massachusetts Avenue there was considerable discussion in regard to locations and this same ques- tion was brought up at that time. He said that the Board should be prepared for reaction. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to eliminate parking in front of•the Runt Block between the hours of 4:00 P.M. and 6:00 P.M. This change is to be experimental and not an amendment to the Traffic Rules and Regulations at the present time. Mr. Burns suggested no left turn into the O'Connell parking area, but said that it would be questionable as 35 Parking on Mass. Ave. at Hunt Block ,36 Bids on police cars it is the only access to the property which is private. Mr. Stevens retired. Sealed bids for two cars to be used by the Police Department were received as follows: Frederic R. Childs - 6 cylinder Ford Mainline Tudor equipped with heater, turn signals and seat covers. $2105 Allowance on 1951a Ford Tudor Net V8 $75.00 extra 60 amp. generator with a Leece-Neville alternator and rectifier kit 125 6 cylinder Ford Mainline Tudor equipped with heater, turn signals and seat covers 2105 100 1 mrig Allowance on 1953 Ford Tudor Net V8 $75.00 extra 60 amp. generator with a Leece-Neville alternator and rectifier Rowe -Jackson Chevrolet Inc. - 6 cylinders, Model 1503, four door Sedan Directional signals Plastic seat covers Option -325Q heavy duty generator regulator 1}0 amp. Airflow heater & defroster kit 125 1955 Chevrolet 150 Series, Less Federal Tax & 1835.65 2L.00 80.70 oo 2-76 . 121.00 1846.35 Mr. Reed telephoned Rowe -Jackson and . reported that .the price on a two -door would be $1{7 less. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to authorize purchase of the following two cars to be used by the Police Department: Frederic R. Childs . . 6 cylinder. Ford Mainline Tudor, equipped with heater, turn signals and seat covers $2105 1 37 60 amp. generator with a Leece-Neville alternator and rectifier kit Allowance on 1951 Ford Tudor Net cost to Town $2105 12 14347 Rowe -Jackson Chevrolet Inc. 6 cylinder, two door sedan equipped with directional signals, plastic seat covers, heavy duty generator and regulator !10 amp., heater and defroster 1839.35.' Allowance on 195, Ford � .00 Net cost to Town 31t Chief Rycroft retired at 8:07 P.M. Mr. Anthony Cataldo and his son met with the Board in regard to use of their land which they desire to have filled with rubbish from the Town of Arlington. The son presented aerial photographs, a letter Cataldo from the Department of Agriculture and explained in dump detail that they would like to do. When the land in question has been filled in they intend to use it for farming purposes. Rev. Father Bernard Kinneen met with the Board at 8:20 P.M. He too is seeking permission to have the Town of Arlington dump on his property on Vine Street. The Chairman explained that since he talked to Father Kinneen this evening he has learned that he was correct and the Board of Selectmen probably had no Kinneen right to render a decision at this time, However, dump the Board did last week and apparently the informa- tion was transmitted to both Mr. Cataldo and Father Kinneen. Mr. Cataldo said that it was at the suggestion of the Board of Health that he was meeting with the Selectmen. Father Kinneen said that he wanted to meet with the Board this evening to present his own views on the matter. He explained that he approached the Town of Arlington. The Town of Arlington did not approach him, and he asked if they were interested in filling his meadows whieh are and have been for years a mess due to the sewer going through by the Town and the M.D.C. He said it has spoiled his land and house and also the Leary land. He said he has tried every way by talking to the contractors and the Attorney General to have the land put back as it was, tillable. It is now 38 Chiesa sewer betterment nothing but a bog and swamp. He said the contractor throws up his hands and the State passes thing from one to another and ad- vises him that he can only sue the contractor and the State. However, he is not suing anyone. He said he called Mr. Monahan and asked if he would be interested infilling the land. Mr. Monohan and his Chief Engineer looked it over and said if they could get a green light from the Town of Lex- ington they would go ahead. They would function the same as they have in Arlington and would be through in a year. Father Kinneen said he then appealed to Mr. Maloney and before he spoke to the Board last week he wrote to the Board of Health and the Board of Appeals, it being his understanding that they are independent Boards. He said he was surprised that the Board of Selectmen made a decision over the heads of the Boards they appointed. He said that it looks to him as Utile decision was made and it is to go down the line and the arguments given to him in opposition were absurd. Father Kinneen read a letter that he circulated in the neighborhood and asked the people to affix their signatures if they were not opposed. He stated that his purpose is not to farm the land but tb fill it in and plant some apple trees. The Chairman said that the matter should go to the Board of Health and Board of Appeals. Mr. Stevens said that the Selectmen have the right to appear before the Board of Appealsand make their opinions known Mr. Maloney asked if the procedure was to go to the Board of Appeals and the Board of Health but as _citizens the Selectmen could appear before either Board; the decision not resting with the Selectmen. Mr. Stevens replied in the affirmative. Father Kinneen and the Cataldos retired at 8:40 P. M. Miss Mary Chiesa, 42 AdamsStreet, and her brother .Tohn Chiesa met vi th the Board relative to deferred sewer betterment assessment in the amount of $825.79. Mr. Chiesa presented a map showing the property involved and explained that since the deferment he has built a house on the land and according to his under- standing the betterment is now due. However, he has not subdivided the entire area. Mr. Reed asked if he felt he did not want to pay a betterment on the entire 161 feet and Mr. Chiesa re- plied in the affirmative. CD 1 39 Mr. Reed asked if the 361 feet went with the house and Mr. Chiesa replied in the affirmative and stated that he has not blocked it off. Mr. Reed asked if he intended to block it off and he replied in the negative. Mr. Reed explained that if he did, he could then request deferment on the balance of the frontage. Mr. Stevens explained that Mr. Chiesa would have to have the Planning Board sign a plan showing the fron- tage he intends to allot to the house and also showing the frontage remaining, allowing 150 feet for the house. Mr. Chiesa asked if he would have to record the plan end Mr. Stevens replied that he should record it. Miss Chiesa explained that her brother would like to pay the 150 foot frontage and then have the balance deferred. Mr. Burns explailned that a legal size lot would have to be recorded or the Planning poard would not ap- prove it. The Chiesats retired at 8:50 P.M. Petition was received from the Boston Edison Com- Pole location pany and the New England Telephone & Telegraph Company requesting approval of a j/o pole location on Lowell Street. The proposed location was approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the petition and sign the Order for the following pole location: Lowell Street, westerly side, opposite Summer ' Street - 1 pole. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- Pole location pany requesting approval of pole abandonment on Woburn Street. The proposed abandonment was approve by Mr. Burns. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to approve abandonment of the following j/a pole: Northerly side of Woburn Street, approxi- mately 210 feet east of Leonard Road. Petition was received from the Boston Edison Com- Pole pany and the New England Telephone Company for ap- ownership proval of a transfer of ownership for an existing pole transfer on Locust Avenue. Upon motion of Mr. Maloney, seconded by Mr. Gay, 40 Chapt. 90 it was voted to approve the petition and sign the order for the following pble: Locust Avenue, approximately 70 feet southwest of Massachusetts Avenue, - One pole. • Letter was received from the County Commissioners advising that a hearing will be held at the Commis- sioners' Office on May 24th at 10:30 A.M. relative to petition for specific repairs of the newway in Lexing- ton known as Winchester Drive. Petition re: Petition was received from residents of Daniels Daniels St. Street requesting acceptance of the street by the Town. This project is to be included in the budget for 1956 and the Clerk was instructed to give a copy of the petition to the Superintendent of Public Works. Letter was received from the State Departientof Public Works advising that the Commissioners have voted to install a fully actuated traffic control signal at Traffic the intersection of Woburn Street and Lowell Street, signal provided the Town of Lexington has no objection. The signal will only be used until such time as Route is extended to the south, at which time the signal will either be' removed or turned over to the town, according to the situation. The Chairman was authorized to advise the Depart- ment that the Board of Selectmen are in favor of the proposed traffic signal installation. Notice was received from the City of Waltham re hearing May )4th at 8:00 P.M. in the Council Chamber on Waltham petition for a proposed change of zone from Residence zoning A-3 District to Business B. District of a certain par- cel of land bounded southerly by Trapelo Road.' TheChairman said he would like to know who was notified in re this hearing and upon receipt of this information, the Board could go on from there if it is so desired. Further consideration was given to Mrs. Gore's re- quest to have a crab apple tree removed from in front Tree of her property at 38 Grove Street. The Clerk reported removal that Mr. Brenton, Shade Tree Division, investigated and advised that the tree is in private property. The Chairman was authorized to inform Mrs. Gore that the town has no jurisdiction over the tree inas- much as it is located on private property.. 1 1 Further consideration was given to request from Morris Motors to have a tree removed from in front of 1400 Waltham Street. Mr. Brenton, Shade Tree Division, recommended removing the tree rather than merely trim- ming it. Upon motion of'Mr. Reed, seconded by Mr. Maloney, it was voted to post the tree for removal. Mr; Burns retired at 10:15 P.M. 41 Tree removal Letter was received from the Boa''d of Retirement, Building with c opy of letter to Mr. Lindstrom, designating his Inspector present status. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to appoint Donald K. Irwin, Acting Building Inspector in the Town of Lexington effective March 18, 1955 for a term expiring October 1, 1955 at a salary of $100 per week. During this period, Mr. Irwin is to have an outside Building Inspector make all 'inspections in- sofar as his private business is concerned. The Chairman read a letter from Edwin B. Worthen, Jr. submitting his resignation as an Associate Member of the Board of Appeals. Letter was received from Dorothy H. Martin, on behalf of the Sacred Heart Women's Club, requesting permission to operate a Pepsi-Cola Canteen at the Barnes property during the hours of the rummage sale on April 30th. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to grant the request. Letter was received from Mrs. Jean MacLean, on be- half of the Methodist Church, requesting permission to Rutmage use the Barnes property on May 14th for a rummage sal*. sale Upon motion of Mr. Maloney, seconded, by Mr. Gay, it was voted to grant the request. Upon motion duly made and seconded, it was voted to renew the following licenses& Resignation Canteen Manor Spa 269 Geo. R. Reed & Son 1721 Vernon S. Rivet 135 George H. Phe]an 11 (;Letter from (hief) Bedford St. Sunday Sales Mass. Ave.' " Burlington Rd. Junk Cary Street Peddler License renewals renewal 1t tI Letter was received from Chief Ryoroft recommend- Special ing appointment of eight employees of the Lincoln Lab- Police oratories as'Special Police Officers. Upon motion of Mr. Gay, seconded by Mr. Malon)y, 42 Referendum it was voted to appoint Special Police Officers 1955. Special Police Officers Mr. Ivers 'J. Rutherford Mr. William L. Spiers Mr. Henry Crowninshield Mr. 'Christian Larsen Mr. Edward T. Gallagher Mr. George F. Cheney Mr. Raymond L. MacLean the following individuals as for terms expiring March 31, - M.I.T. at Lincoln Laboratories 39 188 7 140 177 73 16 Mr. Edward A. Richardson 314 Mount Hood Rd., Brighton Lowell Street, Lexington Paul Avenue, Woburn Thoreau St., Concord Main St., Maynard Chestnut St., North Reading Cypress Rd., Arlington Lexington St., Wilmington Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted` to sign the Warrant calling a referendum for May 9, 1955, pursuant to petition. received signed by the required number of voters. Upon motion duly made and seconded, it was voted to adopt Orders of Taking on the following streets Lc - Street cepted at the Annual March Meeting, 1955: Bertwell Orders Road, Bridge Street, Fuller Road, Crosby Road, Sherburne Road, Brandon Street, Fottler Avenue and Hayes Avenue. (Copies of Orders under Highways, 1955 Selectmen's files) "Upon motion duly made and seconded, it was voted School St. to sign notice of intention to lay out School Street & northeasterly a distance of approximately 21400 feet Proposed Rd. from Marrett Road at Lincoln Street to Massachusetts Avenue and Proposed Road from Bedford Street to Massa- chusetts Avenue, southwesterly, a distance of approxi- mately 1930 feet. Upon motion duly made and seconded, it`was voted Appointment to re -appoint Mr. George C. Sheldon a member of the Board of Fire Commissioners for a three-year term ex- piring May 1, 1958. The meeting adjourned at 10:25 P.M. A true record, Attest: •' Clem, S ectmei 1 43 SELECTMEN'S MEETING May 2, 1955 A special meeting of the Board was held in the Select- men's Room, Town Office Building, on Monday, May 2, 1955 at 5:00 P.M. for the purpose of receiving bids on a hydraulic sprayer. Chairman Bateman and Mr. Reed were present. Mr. Burns, Supt. of Public Works and the Clerk were also present. Bids were read by the Chairman as follows:. Abbot Spray.& Farm Ewuipment Co. _ Model 35 MT Bean Royal Sprayer manufactured by the John Bean Division of Lansing, Michigan $2534.00 Allowance for old sprayer 2% discount, 15 dgl s Delivery two weeks from date of order. 100.00 Frost Insecticide Company Hardie Hydraulic - Mode1,130H400 2892.00 25 horsepower, 4 cylinder water cobled engine with electric starter, generator and battery. Hardie Hydraulic - Model 130H400 2698.00 31 horsepower, air colled engine with electric starter, generator and battery. Allowance for old sprayer 150.00 discount, 10 days Delivery two weeks Fitzhenry-Guptill Company Wisconsin Hydraulic Allowance for old sprayer 2675.00 625.00 Hose 100.00 Spray Gun 40.00 Delivery three days to one week The meeting adjourned at 5:10 P.M. A true record, Attest: 44 Jurors SELECTMEN'S MEETING May 2, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, May 2, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, James and Maloney were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Gay -arrived at 7:25 P.M. Mr. James J. Carroll, Town Clerk,met with the Board for the drawing of seven jurors, and the follow- ing individuals were drawn for jury duty: Joseph M. Gaffey Alfred W. Jackson John P. Whalen Ralph W. Howe Harry A. Jenson James E. Mullen David L. Peirce Mr. Contractor 52 Custodian Furniture Retired 20 Bookkeeper 18 Supt. 69 Travel Bureau )41 714 11 Carroll retired, Maple Street Ward Street Harrington Road Hancock Street Spring Street Bertwell Road Locust Avenue Hearing was declared open upon petition of the Manhattan Builders, Inc., for permission to store 500 gallons of gasoline in an underground tank on the prem - Gasoline. ises located at 45 Waltham Street. hearing Mr. Ernest A. Giroux, representing the petitioner, and Mr. William H. Lyon were present at the hearing. The application was approved by Deputy Chief Bernard J. Belcastro, head of Fire Prevention. The Chairman inquired if this petition was on an existing tank and Mr. Giroux replied in the affirmative. Mr. Giroux explained that he was present at the hearing beoause the petitioner was unable to attend and furthermore he instigated requesting continuance of the use of the tank, which has been for a number of years. He said he believes it was installed before the Leary's owned the property and according to Mrs. Sexton there was gasoline in the .tank two years ago, but it has not been used since. He stated that the gasoline would be used for private use only and for no other purpose. Mr. Reed asked who would use it and Mr. Giroux replied that it would be used by the Manhattan Builders. C") Cid 1 45 Mr. Reed asked what they would use it for and Mr. Giroux replied that they are erecting a building they may have some use for it. However, it may develop that the building will be constructed on top of the location of the tank. Mr. Reed asked if the request is being made only for anticipated use and Mr. Giroux replied in the affirmative. He said the tank has been there for many years and it may well never be used. Mr. Reed asked if he could give the Board a sketch of how far back the tank is located from Waltham Street. He said that undoubtedly Mr. Giroux knew the Board is considering a parking area and asked how far back the tank would be from the buildings. Mr. Giroux replied that he guessed it was about thirty feet and it is located on Mr. Lyons' side. The Chairman asked how Mrs. Sexton entered into the discussion and Mr. Giroux explained that she and her sister were former owners of the property. Mr. Lyon said he thought anyone had a right to apply for anything they wished to and someone else has a right to object. He said he wanted to point out that there is nothing personal in this; he does not know the Manhattan Builders, but he does know Mr. Giroux and likes him. Mr. Lyon said he questioned Mr. Carroll, Town Clerk, today and found that the permit was issued in connection with the taxi business. He said he does not believe the Manhattan Builders plan to apply for a taxi license. That being the case, it would only be used in connection with their contracting business. He stated that they have trucks, bulldozers, shovels and other contracting equipment. He said he -questions the legality of transferring the permit. The Chairman explained that this would not be a trans- fer, but would be a new license. Mr. Lyon -said he questioned the legality of a con - trading business having a permit because a contracting business is not permitted in this zone without permission from the Board of Appeals. He said he purchased his property in 19145 and never saw any gasoline being pumped. He explained that he could not say there was no pump there and possibly it was hidden by the old shed. He said it may be creating a very serious hazard and his fire insurance company told him the insurance on his building would be increased if the permit were granted. The Chairman asked why the insurance was not increased before and Mr. Lyon replied that he did not know. The •'Chairman said that as he understands it the peti tioner has no definite plans for what it is to be used and Mr. Giroux replied that was correct. He said as far as contracting, it would be used only for the vehicles on the scene when the building is put up. He said they are 46 not contractors, but are builders and subcontract most everything. They do own a bulldozer and a small pick- up Ford. Mr. Lyon said that if the permit is granted they may want a gasoline station and this would be a "toe in the door'. Mr. Maloney explained that people have permits for storage of gasoline in their own yards. Mr. Lyon asked if thispermit were granted and he asked for one would his request be granted. Mr. Maloney said that he could probably have one if it was to be for his own use. Mr. Lyon said he is concerned and thought the Planning Board should look into the matter. He said the trucks delivering gasoline would have to back in and cut across Waltham Street causing a bad situation. He said he tried to get the insurance rating people to come out but they won't until the permit is granted. Mr. Reed said that if this tank was already located, he would like to know why it hasn't been taken into account before. Mr. Lyon said that there was no evidence that the tank was there. Mr. Reed said that this is a new application for a tank that may not even be existing and the Board will have to consider it as a new request. He stated that the decision cannot be based on what has gone on in the past, but on what it is now and that it is going to be used for. Mr. Giroux stated that his client does not want to make an issue of the matter. He said it would be used only as he explained and in no instance would a gasoline station be contemplated. Messrs Giroux and Lyons retired at 7:25 P.M. The Chairman was authorized to advise Mr. Giroux, as representative of the petitioner, that inasmuch as no definite use for the gasoline was established, no action would be taken on the application. If, however, at some future date the corporation is in a position to present more precise details as to what use it has in mind, the Board will consider the subject again at that time. A copy of the letter is to be sent to Mr. Lyoflb. Petition was received from the Boston Edison Com - Pole pan y -and the New England Telephone & Telegraph Company location for permission to relocate one pole on Lowell Street. The proposed relocation was approv&.by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following j/o pole location: 1 1 47 Lowell Street, approximately 365 feet southeast of Winchester Drive, one pole. One existing j/o pole to be removed. Mr. Burns retired and Mr. Stevens, Town Counsel, and Mr. Palmer, Town Accountant, met with the Board. Mr. Palmer said that he wanted to have the salary question in regard to Mrs. Boleyn cleared up if pas- Acct. sible. Clerk's Mr. Reed explained that he happened to be in the Salary Accountant's Office the other day and thought it might be better to have the subject discussed by the entire Board rather than to the members separately. The Chairman said that Mrs. Boleyn asked him what the salary would be if she came back as a Senior Clerk. TI said he believes she understood him and said that she understood him. She said that she was doing Mr. Bettis' work and should be paid for it. Unfortunately, that does not enter into the picture. He stated that she was working here and left at $38 per week and when she came back she asked him what she would receive. He said that he then found out she had put through 448 and said she did so with Mr. Palmer's permission. The Chair- man said he told her such a thing could not be. There are other clerks who were not receiving that and they should receive it if'she was going toet it. He said he told'her she -would have to be paid 444 which was the amount she was hired for. Mr. Palmer said that two were now doing the equi- valent of three people's work. He stated that she is doing more than Senior Clerk work and he was looking at this from a purely persohal attitude. The Chairman said that the Board realizes there are girls in the building worth more than they are re- ceiving but nothing can be done about it. He explained that there is money in the budget for a third person but he was asked to try doing the work with two people because it was felt that there was not enough work to justify three. He said that off and on there has been three people in the office and if it istoo much for two people then there is money in the budget to pay for sup- plementary help. Mr. Palmer said that there is not enough work for three full-time people but he would like to get a part- time clerk, possibly a day and a half a week. Mr. Reed explained that the Board has established a minimum and maximum salaries; $38 for a Junior Clerk and 04 for a Senior Clerk. Mrs. Boleyn was working for 48 $38 and gave up her job. She was fortunate enough to be hired back again with a $6.00 increase in pay, and that is quite an increase. He said he realizes she has increased her work but she was the one who wanted to come back. He said that if there is too much work Mr. Palmer should be given an opportunity to hire extra help and relieve the extra burden on Mrs. Boleyn rather than interfere with the established rates for Junior and Senior Clerks. Mr. Palmer explained that he held up last week's payroll pending the Board's decision. Mr. Maloney said that apparently it was all right to employ a full-time clerk but not to approve an in- crease of $4.00. Mr. Palmer said that his work is up to date and at the present time he could use a part-time girl two days a week. Mr. Palmer retired at 7:55 P.M. Letter was received from Leo M. Gaughan, on be - Poppy half of the Veterans of Foreign Wars, requesting per - Drive mission to conduct the organization's annual Poppy Drive on Friday, May 27th and Saturday, May 28th. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the request. At 8:00 P.M. Mr. Robert L. Lyon and Mr. Willia* H. Lyon met with the Board. Mr. Burns, Supt. of Public Water Works, returned to the meeting. betterment Mr. Robert Lyon presented a copy of a plan show- Waehusett Dr. ing Wachusett Drive from Waltham Street tothe property of Barbara L. Moore. He said that there is a water bet- terment on the property in the amount of $300. This strip came about because Whiting refused to take part of the development v+h en McIntosh laid it out so that Whiting would not receive the benefit. Mr. McIntosh deeded it to his sister-in-law, and Mr. Lyon purchased it from her. The Chairman asked why he purchased it and he re- plied that he had to buy the entire parcel and he then sold a piece to LaPorte. He explained that he still owns lots A and C. The Chairman said that under the circumstances the betterment is due and payable .now. Mr. Lyon stated that it was due in 1.950 when McIntosh sold to Welch. He said that the betterment was deferred, payable when the land was sold or built upon and it cannot now be collected as it was put in writing as it should have been. He said that Lot F . makes two lots which are now for sale at $600. They 1 49 are owned by LaPorte. He said lots A and C cannot be bettered, can never be built upon or combined with land that could be built upon and therefore the better- ment is uncollectible. Mr. Burns said that he did not think there was any betterment on lot C and Mr. Lyon said that it was on the entire strip. The Chairman asked just what Mr. Lyon wanted and he replied that he wants the betterment deferred on the piece he owns. Mr. Burns said that the only betterment was on the portion shown as A and nothing down further. Mr. Lyon said that Mrs. Rich, the Collector, claims it was on the entire piece and applies to what he owns. Mr. Stevens said it may have been computed on that part, but the betterment would be on the entire length. Mr. Burns said he thought the betterment is only on the piece shown as A. Mr. Lyon said that is what he wants deferred. Mr. Stevens asked if.that was the part he sold and he replied in the negative. Mr. Stevens said that the betterment is due. Mr. Lyon said it was due in 1950 and.has been due ever since. He has never been billed but Mrs. Rich called him and asked for $300. Mr. Stevens asked if she sent him a bill and he replied in the affirmative and said he never paid it. Mr. Stevens asked when she sent that bill out and Mr. Lyon replied it was with the rest of the bills last year. He said the last bill to McIntosh was sent to him after he (Lyon) took title and he thought it was NRvember, 1954. Mr. Stevens said if it were not paid it would nor- mally be on this year's tax bill. Mr. Lyon said it was not on the 1953 or 1954 tax bills and was deferred for McIntosh but not for Welch. He said McIntosh sold to Welch in 1950. Mr. Lyon pur- chased from McIntosh although the title was in his sister's name. The Chairman asked if a deed had been filed at the Registry of Deeds and Mr. Lyon replied in the af'. firmative. Mr. Stevens said that the betterment is put on and if the owner contendsthat his property has not been bettered he has a period of time to request an abatement. This period has elapsed. Mr. Lyon's pre- decessor came in and asked to have the betterment de- ferred, thereby admitting the betterment, which goes with the land. Mr. Burns asked if Mr. Lyon was requesting de- ferment or abatement and he replied that it makes no difference to him. 50 The Chairman said that the only exceptions he can recall have been on farm land. Mr. Maloney said that it seems to him LaPorte should pay the $300 because he has purchased the land subject to betterment. Mr. Lyon then referred to the betterment assess- ment on land formerly owned by Cacciola. He stated t that this property is now owned by him and his father. He said that when Route 128 was built the -State took Water all that is outlined in red on the plan he presented betterment to the Chairman. He said that there is an alleged Cacciola betterment of $350 which they have been forced to pay land $94.09 in order to get a release of a tax taking. He said that no betterment was ever recorded at the Regis- try on this land, and he understands that -a betterment must be recorded within six months. He saidthat he and his father would like the "slate wiped clean" so that they will not be billed. He said that the State was responsible but did not pay because no betterment was recorded. Mr. Stevens said that the State is not respon- sible unless it receives notice. He said that the State in its title examination uncovers the better- ment and then insists that it be paid. On this one, through same error all it paid was one year's in- stallment instead of the • entire bettermeit. He said that the State did know about the betterment, and he did not know how they knew about it if it were not recorded. The Chairman said that the Board mould look into the subject further and let Mr. Lyon know what decision is made. Mr. Lyon said that there is no entrance to this .land and he wants it for sign land. He said he wants the bill of $350 abated. Mr. Lyon and his father retired at 8:25 P.M. and Mr. Reed returned to the meeting. At 8:30 P.M. Chairman Adams, Messrs. Jaquith, Zoning Irwin, Hathaway, Grindle and Charles Abbott of the Planning Board, Mr. McQuillan, Chairman of the Board of Health, and Mr. Snow, consultant to the Planning Board, met with the Selectmen. The discussion was more or less as follows: Adams: The reason for this meeting is, you all know the referendum coming up a week from today, and the reference made to it and the charges made. Some of the citizens made some ixiveafi igations and- I have done 1 Chairman: Adams: Chairman: Chairman: Adams: Chairman: McQuillan: Stevens: McQuillan: Chairman: James: Adams: some checking. It is definitely a fact that the company has been engaged in litigation of some kind or another with the City of Newton. It seems to me the citizens are en- titled to a statement frot, both the Planning Board and the Board of Selectmen. I think Reiss should know the criticism which is being made and it should be put before them very strongly that the By-law will be enforced. I don't want to be in the position of having them come in and then find there are constant complaints. What does your Board think? We discussed it about ten minutes before we came down and did not get as far as a state- ment but we want to make sure if it comes in it is a desirable plant and will not be a nuisance to the town. Has the Board decided it is or is not going to be a nuisance? The Chairman referred to records of the City of Newton. The time to be told they can't come in is right now. That is our feeling. If there is any question that it can't be made foolproof we should know it. What is the position of the Board of Health? We have a clause in here where the Board of Health has to pass on it. Noisome trades. The Board of Health is, I suppose, to act be- fore they come in. I would assume they had done everything they could do to eliminate the odor and haven't. That is a poor assumption to make. What you can say is this. They have done what was re- quired of them up to the letter of the law and it still has not eliminated the thing. If they had been interested in eliminating the situation, they could have. That is an important point too. If we come in with a co-operative group that is one thing, but a group that has been inilitigation is another thing. 51 52 James: The whole thing is the people involved and in what they are conducting. McQuillan: I have analyzed the whole thing and no matter what is done, the manufacture of this thing there is always the potential odor. It seems to me from the Board of Health standpoint, the town would be sticking its neck out to have something like this come in here. It seems to me you are allowing a concern to come into town who would cause us a lot of trouble. I think the Board of Health would rule along that line entirely. Adams: The vote is ohly for change of land. If that is passed, they have an option which they can take up but I think there is a question whether they can do the job or not. If they come in for a building permit and we are going to try and stop it there, they should know it now. Messrs. Albert Reiss, Landers and Smith met with the Board. Chairman:: We called this meeting because there has been a great deal of controversy in the town. The matter of rezoning the place is coming up for referendum next Monday. The fact that it is zoned for business has no effect on whether you folks come in here or whether you don't. You can probably put a plant down on the land now available but we want to talk to you be- cause of the information which has come to us and before you spend any amount of money. We are somewhat concerned as to whether a plastics plant such as you run is permitted under our Zoning By -Law. We are very distinct on the matter of odors, and we are very distinct on the matter of explosives or explosive materials. We have done a lot of investigating and find that'.in Newton there were hundreds of com- plaints over there and they are still coming in. We want to bring this up so you would not spend a lot of money if it is not legal in our laws. Adams: I called your brother's attention to the para- graph in the Zoning By -Law which could very well apply to his business. As you know, the neighborhood will oppose it and has done some investigating and obtained a certain number of facts. Some of us have checked and many of the Ina 1 1 53 Adams: complaints seem authoritative and we must consider this. If there is any question of whether you would be in here illegally or not, it is better to know tonight before you get further along. I think that all of us believe we need light manufacturing but it must be something that is not a detriment. Reiss: The record in Newton is nothing that anyone should base any facts on it. The City of Newton has claimed for years our plant is a fire hazard.If you speak to anyone in a Fire Department outside of Newton, es- pecially the insurance companies, you will find the entire thing is ridiculous, We are in one of the hardest insurance companies to get into and have the lowest fire rate. James: Is it lower than Dacon? The record is your company is 1.62. Reiss: Ours is 340 per hundred. We are in the Fac- tory Mutual. James: The record is in error? Reiss: Yes. If that is what it states. Adams: From a matter of fire, I understand you are now using 50 gallon drums, three at a time, and would not be any worse than any indus- trial building, but the major thing is the odors. Reiss: We had a plant in Boston and never had any trouble. Never had any complaints. When we first moved into this plant we did have odors and dust in the air. We put in a very large washing system which washes the air. There is a small amount of odors but they are from the plant itself and come out through the doors. Maybe once a month you can smell it. Smith: The Fire Commissioner and his Deputy was over today and went through the entire plant. They know the process and I asked them before they left if there were any objectionable odors and they said no. Chairman: I was there on a very beautiful day like today and got odors inside but none outside. The complaints were steady, constant and many even this year when we had heavy weather. Reiss: We would be inclined to have more in heavy weather. Smith: Last week we did not have much in the way of fumes. It was pointed out by Lieutenant Clarke of the Newton Fire Marshall's office that some 54 Smith: of the odors we were getting blamed for were coming from•a dry cleaning establish- ment. The situation over there is, we have a very narrow driveway along side a house with a house next to it and one immediately across the street. I think they use the odors as a reason to keep after us because they are living too close to a manufacturing plant. On a day like this windows are open and the front door is open. It may allow the escape of fu;ges. McQuillan: The Board of Health has never been brought into this but there are very definite laws in regard to odors and nuisances. I would not want to pass judgment on this until it came before the Board of Health. The Board of Health of Lex- ington would have a great deal of respect for the Board of Health of Newtob because they have one of the finest Boards in the State. Reiss: They never shut us down because of odors. McQuillan: The reports we have are all from the Board of Health and I think the Board of Health, if you had a plant like Newton has, there isn't much you can do about it, but I think we would hesi- tate approving a plant coming into town that would have potential odors that can come from it. I read reports from •the City of Newton of the numerous complaints. Reiss: We have people living all around us who do not like the fact that the area is zoned for busi- ness and a plant operating at night. The odors are not within the scope of the Board of Health to do anything about. After scrubbing the air, the air from the scrubber is clear. If we do put up a plant in Lexington, we can put in a larger scrubber and eliminate all the odors. We have a maintenance crew of about six men. Adams. Have your attorneys looked at this Zoning By- law or the poeple who are going to build the plant? "Any light manufacturing business, the conduct of which may be disturbing or detri- mental to the health, safety or welfare of persons working in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollution of waterways, conrosivey toxic or noisome fumes, gas smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibration is ex- pressly prohibited." I told your brother about it so he knows. If you are going to put up a a considerable plant it will have to be financed. This is one of the few towns that have this. 1 1 1 55 Reiss: Is the City of Newton any different? Adams: I believe it is. Stevens: This town is very strict. If this land is rezoned and the rezoning is upheld, that would mean a building permit would have to be obtained. for construction of a light manufacturing building, but before any oc- anpaney there must be an occupancey permit and the source of information would be Newton, the place from which you:are coming. It is the only one available and unless an occupancy permit is given, you can't occupy and conduct your business. The feeling here is that it would be unfair to let you complete the build- ing and then tell you it could not be occupied. This question is the reason for your being brought in and the situation explained. The Building Inspector can't issue an occupancy permit unless all the provisions of the Zoning By -Law are being met. An appeal could be made to the Board of Appeals and an appeal to the Court, but the Court couldn't order an occup- ancy permit. You might be in a position of building a plant and denied a permit to do 'the business you intend to carry on. Adams: This vote is only on a question or rezoning and not on the Reiss. Reiss: What would he permitted? Adams: "(f) M 1 Districts. A11 buildings and uses that are permitted in R 1, R 2, C 1 and C 2 districts but subject to any conditions and restrictions set forth therein, and the fol- lowing: 1. Light manufacturing, employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies. Any light manufacturing business, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons work- ing in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibrations, is expressly prohibited; 2. Subject of permission from the Board of Appeals, the following: 56 a. Bulk distribution of liquid fuels and lubricants from underground storage tanks, 3. No dwelling shall be erected in an X1 district except with permission from the Board of Appeals." I don't think your brother had studied this enough to know what he is up against. It is better to have this discussion tonight than later. Reiss: I don't think odors will be any problem at all. Adams: It is one that has to be faced. Reiss: I also have had enough litigation and will not step into it again. Adams: We thought it better for you to know what the situation is. Landers: Could not a committee study this plant of ours under adverse conditions? James: I think we• all agree this kind of operation can be conducted so it will not be objection- able. We all recognize, and you will admit, there is a potential odor and a potential fire hazare from the operation. Reiss: • We won't admit that. James: There is potential hazard where you have alco- hol or dust. Reiss: We have no dust. James: You have dust from the sanders. The pbteii- tial exists, but not that it is. Reiss: Your theory would apply to any plant. James: Any plant having dust. Those things can be taken care of only by people who are honestly interested in eliminating and willing to co- operate with the community to that end. Reiss: People who are willing? James: There might be people who would run such an operation as yours and do only that which was absolutely required and there are people who would bend over backwards to meet the require- ments of the community. Reiss: We really did lean over backwards to put things in our plant we did not have to. We will do the same here. Adams: Is the present litigation to get the City of Newton to permit the storage tank? Reiss: That is the only litigation. Never once has the City of Newton come up and said if you do the following things, we will give you a a storage tank. 1 57 Stevens: Where does the litigation stand? Reiss: They wanted the State to shut us down and the State refused. Stevens:. Where is it pending?➢ Reiss: There is none any more. Smith: We have a permit that is reissued every six months. Reiss: We can only store about 550, 600 or 650. James: You still do not have a permit for any size- able storage. Smith: We asked the Board of Selectmen for a storage tank to hold soluble residue. James: Water, alcohol mixture? Smith: Yes.- It had a flammage point of within a point or two of fuel in the basement. They - did not grant a permit for underground and we had to operate with drums on the truck. Tim State and the Fire Department went to a great deal of effort and spent a lot of time on how it was to be placed in the building, but the Seelctmen turned it down. Flanders: In spite of the number of complaints which you claim occur, only three people at the hearing got up and verbally objected and the issue they made was more of the trucking congestion than any other point. Jaquith: What is your plan for distribution of waste? Reiss: Two truck loads a day. We might cart it away as we do now; Jaquith: Where? Reiss: To a dump. Jaquith: •Whose dump? Reiss: Lexington, if you have one. Jaquith: There will be a problem at our dump more than it is now. Reiss: Our product is mostly paper. Jaquith: It would have plastic component. Reiss: It won't burn. The only part that is inflammable IA the dust. Jaquith: Would that dust go over to the dump? Reiss: We think we have a market now. We don't have to dump in your dump. Reed: Mr. Reissfs brother was going to use it for fill. Jamest How much water does the scrubber use? Reiss; We take the water that runs from our presses and then dump it into the sewer. We can repump water for a, long time. James: The water consumption is not high? Reiss: No. We are going to put in a new system. James: How does it affect the scrubber? 58 Reiss: Chairman: Stevens: McQuillan: Stevens: Reiss: Stevens: Reiss: Stevens: Reiss: We will use different water. Those are things we can work out without much trouble. We would be willing to do anything you people tell us you want done. We are greatly influenced by the reports from Newton and we will Piave to give you an answer after we determine what we think is right for the Town of Lexington. You can't make a determination of whether they will satisfy.That will be the Building Inspector. As a public official he has to make the decision then the Board of Appeals also has to issue a permit.. If you do not get an occupancy permit I don't think any Court in the world would rule in favor of you. No one can tell when this plant is done who the Build- ing Inspector will be or who the men on the Board of Appeals will be and they are not bound by what the Board of Selectmen or the Planning Board says. No one can tell you in advance what their decision is going to be. Therefore,. I think you will have to decide the pros and cons and decide whether you want to take a chance or not. If the Board of Health advised that after a study this would be a health menace, would he be obligated to listen. He would have to listen but would not be ob- ligated. However, I would think he would fol- low it. If you got an occupancy permit and then you had odors you would get a squawk and proceedings would shut you down. In this town the Court would be asked to order him to proceed.. In view of the Zoning By-law I don't know if you will ever be free. Anyone of us who have to be in a position to pass judgment would have to go where you are operating and if you are still getting complaints, it would be a rare individual to say it can't happen here. We can satisfy the complaints about odors. The Building Inspector could look into the situ- ation and if he felt this operation would result in disagreeable odors, he could refuse to grant you an occupancy permit and you could.not go into the plant without that permit. Couldn't the Building Inspector now make an inspection? You can't bind a future Building Inspector. The odors come from one treater. If we ever had to, the one treater could be removed to another location. Chairman: We thought you should know just what is going on. Messrs. Smith, Reiss and Landers retired at 9:35 .P. M. Following an informal discussion on the subject,the Planning Board and Mr. McQuillan retired at 10:10 P.M. Petition was received from Leeland G. McConchie and 'Mildred I. McConchie requesting acceptance of Diana Lane from Hill Street, southerly for a distance of approximately 352 feet. 'The Chairman was authorized to advise the peti- tioners that there are no funds available at the present time, but the subject will be discussed when budgets for 1956 are considered. Petition was received from Arthur J. Lewis, 16 Middleby Road, et al, requesting acceptance of the road and the installation of sewer. The Chairman was authorized to advise Mr. Lewis that there are no funds available, but the subject will be discussed when budgets for 1956 are considered. The Chairman read a letter from Edward R. Stock - dale, 6 School Street, stating that he wanted to go on record that it is his desire to have sewer service for his home. Mr. Burns, Supt. of Public Works, is_to have an estimate of cost prepared and ment to Mr. Stock - dale and Mr. Smith, his neighbor, for signatures. The Chairman read a`letter from Edgar R. Melalan, 79 Reed Street, requesting removal of a tree which is located directly in front of where his driveway must be. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize removal of the tree. The Chairman read a letter from Commissioner Volpe advising that a meeting will be held on Wednesday, May llth at 2r30 P.M. for the purpose of reviewing tentative suggestions in regard to Route 2. Mr. Burns is to attend the meeting and if pos- sible, the Charman will accompany him. The Chairman read a letter from Edith A. Tuttle, 12 Hancock Street, requesting installation of curbing. Mr. Burns explained that the shoulder has been replaced many times and citizens parking cars have worn it down. The only answer is curbing all the way. 59 Petition re: Diana Lane Petition re: Middleby Rd. and sewer Req. for sewer, School Street Tree removal Route a Req. for curbing 60 Tax rate funds Tax title Use of hall Licenses Tax title The Chairman was authorized to advise Mrs. Tuttle that the appropriation for Curbing was re- duced this year and the amount' approved by Town Meeting eliminates any installation on Hancock Street which was the original plan. Letter was received from the Board of Assessors advising that the Department of Corporations and Tax- #ation has approved use of the following amounts to lower the 1955 tax rate: (1) School Building Assistance $118,023.60 (2) Overdraft due to hurricanes 90% of cost to date of $61,769.20 $175,83.38 ,606.98 It was agreed to request Mr. Adams to give the subject some publicity in this week's issue of the Minute -Man. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign deed, prepared by Town Counsel, conveying Lots 51 and 52 Cummings Avenue to Antonio Busa, i{6 Lowell Street. Application was received from Mrs. Theresa Ryan, on behalf of the Lexington Police Women's Association, requesting permission to use the conference room, Cary Memorial Building, for a meeting on May 5th from 7:00 P.M. until 10:00 P.M. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the use of the room free of charge but subject to a fee of $1.50 per hour for janitor's overtime services. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: Village• Variety Store Corner Variety Shop Benjamin Berman Lex. Theatre Chester Fillmore 93 Mass. Ago. Sunday Sales renewal 856 Mass. Ave. 13Mass. Ave. Junk Collector n 179j Mass. Ave. Sunday Movies 659 Marrett Rd. Peddler n Further consideration was given to Charles I. Wheeler's offer to purchase 5,000 square feet of land in Meagher Block 31 at Avon & Centre Streets. The property was viewed by members of the Board and it was unanimously decided that it would be in the best interest of the town not to dispose of the property. 1 Further consideration was given to Mr. Floyd A. Roby's offer of $100 each for lots 16 and 17, Block B, Reed Street. The property was viewed by members of the Board and it was unanimously voted to entertain an offer of $800 for the two lots; a restriction to be written in the deed whereby only one house may be erected on the two lots. Further consideration was given to Mr. Edward Berman's offer of $100 for part of lot 17 and lot 18, Sylvia Street and to Mr. Alexander MacMillan's offer of $200 for the same lots. The, lots were viewed by members of the Board and it was unanimously voted to entertain an offer of $800. Further consideration was given to Mr. R. Corvo's offer of $100 for lots 3 through 74, valley Road. The lots were viewed by members of the it was unanimously decided that it would be best interest of the town not to dispose of property. Salvatore 13, Block Board and in the the Further consideration was given t o Mr. Albert C. Cuceinello's offer of $200 for lots 1and 2, Block 29, Reed Street. The lots were viewed by members of the Board and it was unanimously decided to retain the lots until such time as the proposed sewer location is determined. Consideration was given to Mr. Joseph A. Mo'etti's offer of $25 each for lots 187 and 188, Rindge Avenue. The lots were viewed by members of the Board and it was unanimously decided that it would be to the best interest of the town not to dispose of this property. Consideration was given to Mr. Louis Rosendorn's offer of $100 for lots 152 and 153 Theresa Avenue. The lots were viewed by members of the Board and it was unanimously decided to entertain an offer of $800 for the two lots. Consideration was given to Mr. Leonard K. Millen's offer of $75 for lots 56 through 58, Beaumont Street. The lots were viewed by members of the Board and it was unanimously decided that it would not be in the best interest of the town to dispose of the iota. Mr. Burns brought up the subject of automobile allowance for Mr. Byrne, the Acting Plumb- ing Inspector. 61 Tax title Tax title Tax title Tax title Tax title Tax title Tax title Car allowance 62 It was unanimously agreed to allow $1450 of the amount appropriated for the Acting Building Inspector aad the amount of $200 for the Acting Plumbing In- spector. Further consideration was given to bids re - Bids on calved at 5:00 o'clock this evening for a hydraulic sprayer sprayer. Before making say decision Mr. Burns is to check and make an effort to obtain more information about the sprayers upon which bids were submitted. The meeting adjourned at 11:10 P.M. A true record, Attest: C7 1 1 63 SELECTMEN'S MEETING May 9, 1955 A meeting was held in the Selectmen's Room, Town Office Building, on Monday morning, May 9, 1955 at 10:00 o'clock for the purpose of discussing the Px,oposed Road from Bedford Street to Massachusetts Avenue. Selectmen Maloney and James, Town Counsel Harold E. Stevens, Mr. Burns, Superintendent of Public Works, Mr. Eugene Viano, Mr. and Mrs. James Maxner, Mr. Reuben Seth and a Mr. White and Mr. MacDonald, representing the First National Stores were present. The meeting had been in session some time before the Clerk was called in. Two plans were used in the discussion, namely: "Plan of Land showing Proposed Road in Lexington, Mass., Scale 1" = J401, Feb. 9, 1955, William M. Burns, Town En- gineer", and "Plan of Land showing Proposed Takings in Lexington, Mass., Scale 1" - )40', Feb. 9, 1955, William M. Burns, Town Engineer." Mr.. MacDonald stated that this layout here shows First National property from this point altogether with a twenty -,five foot taking allowed for the Seth's but by working out the way the road has-been set up at the present time, it comes in this way and eliminated all of this available parking. He said he noticed in the basic drawing that the plan does not follow the brook itself. It comes here at a more or less perpendicular thing and does not follow the contour of the brook. Mr. Seth "said they are trying to get as close to Bedford Street as possible. Mr. MacDonald said it could be done by taking twenty-five feet that way. He said if a seventy foot road is desirable, there is nothing he can say about it. He said that on the taking by his making an allow- ance of twenty-five feet by 1100 feet, it is 10,000 feet and they are now asked for another 13,000 feet. He said that the property over here is of no value to him what- ever. The building is right on the line. In effect, they could not compensate for the loss of property on this end of it. Mr. Stevens asked about it here and Mr. MacDonald replied that it would be of no value whatever. Mr. Stevens said his way takes out one line and a portion of another. 64 Mr. MacDonald asked why the taking wasn't equalized on both sides of the brook. Mr. Viano said that the picture here is different than it was when he talked with Mr. MacDonald about it. Mr. Viano said he feels that he is the only person in the room giving away any valuable property, and he would be giving away all usable land. Mr. Seth asked if he were in accord and Mr. Vino replied in the affirmative and said that he thought it was a desirable thing. - Mr. Seth said that at one time it was talked of each side giving thirty-five Peet on each side. He said he has been in accord and willing to give twenty-five feet all the while. Before discussing it further Mr. Viano said that he would prefer not to have any record taken as what he had to say was not to be discussed publicly. Mr. Stevens said that this is a situation where there is a lot of oral consideration and when it is put down on paper you find that it is not entirely agreeable to everyone but everyone wants it fundamentally. He said the Board wants now to see how these three can work it out. The Board believes a road through here is an im- provement to the town and the property. As he previously stated, the town expects to get the land without charge, for $1.00 and the Board would like those three property owners to work this out. Mr. Viano said he would give fifty feet of his fron- tage going to zero at the brook and the corner of his line and that is it period. If these other people can work out a deal, that is all he can do. Mr. Burns said this plan is correct with the excep- tioi2 Of the rounding of the corner. Other than that, it is exactly what was talked about before, but it can be changed. When they discussed this plan all parties were not available, and the purpose of the hearing is to change the plan if it has to be. Mr. Stevens said that the final plan comes out of the hearing. Mr. Seth said this is the first time he has seen this plan. Mr. Maxner asked if the road was going to be a.wider street; a super"highway. Mr. Burns said that if the road is brought up to the existing grade of Bedford Street, which it would.have to be, the question of easements comes up. He said whether it is sixty or seventy feet does not matter if everyone builds out to it. With the slope as the grade is now, 65 assuming a sixty foot road, the slope will run into several feet. To take the seventy foot in width, the road would be built on the basis of sixty feet. The First National will build out to there and there is no problem. The road is based on sixty feet and the taking of seventy feet which is what is necessary to trespass on these properties. He said it would be a sixty foot street with a ten foot slope. Mr. Viano inquired about the elevation and Mr. Burns stated it would be the same as Bedford Street and has to be up there in order to put in the necessary drain. Mr. Viano inquired about the depth of the sewer in Bedford Street and Mr. Burns explained that he is just barely going to get through to get the grade, and these properties can be sewered from it. It is not figured to install sewer at this time because -no one knows what is going on. In either event it would be put in on each side. He said there are only three or four properties altogether that would be using it, and it is not a big problem. He said that whether it is a sixty or seventy foot road, it is figured on the basis of sixty feet with the extra width for slope easements. He said the town had to trespass to get in. • Mr. Stevens asked how the sixty foot •road would be laid out and Mr. Burns replied that there will be four, ten -foot land and shoulders on either side to include utilities. Mr. Viano asked if the First National would use the right of way for parking and Mr. MacDonald replied in the negative, and said this does not serve as a right of way. Mr. Viano asked if he had a right of way to drive over and Mr. MacDonald replied in the negative. Mr. Stevens asked if he had any right of way whht- ever and Mr. MacDonald replied in the negative. Mr. Seth said that it was hoped there would be a road there some day. Mr. Viano said it was his understanding that the First National Stores started here at ten feet and ran to seventy feet to the center line of the brook. Mr. Burns said that the town is ten feet from their property. Mr. MacDonald said there is twenty-five feet differ- ent all along. Mr. Viano said that was right and he was figuring this right of way and thought the ownership was in the First National name. He said they take the center line of the brook. 66 Mr. MacDonald said in other words, you move this whole thing over twenty-five feet. Viano said that was right; sixty feet on this side, coming down to zero to his property. He said he thought the way he had it set up originally, but not as it is here was a fair proposition. Mr. White said he would give up ten feet along the line but not fifty-eight feet. Mr. Viano said he would give ten feet on his side if the First National would give ten feet to straighten the road. He said he would not give sixty feet on the main street. Mr. Burns asked if Mr. Viano would come in with ten feet and the First National will. give ten feet on the front. Mr. White said that on the lot line, he would give ten feet. Mr. Burns said that it just would not fit that way. Mr. Viano asked why the town doesn&t just take what it wants and let it go at that. Mr. Stevens said, assuming the Town Meeting,says the road is going to be put where they want it, it would mean getting an eminent domain expert to tell what the damage would be. He would determine the market value of the property. That could be used in one of two. ways. One way would be the basis of evidence and one the basis of taxation of the assessors. It has some angles on both sides, and he does not know if these property owners would be pleased. He said no one can tell what the Town Meeting will do. He said, considering all the aspects, the better way is for some arrangement to be worked out among the three land owners so that when the Selectmen present the matter to Town Meeting it will be on the basis of no damages. Mr. Viano asked what the betterments would, run from and Mr. Stevens replied it depende on the cost of the construction of the road. Mr. Burns explained that it would cost about $50 a foot, not counting the drain and all the rest of it:. Mr. Viano said he thought betterments were usually 50-50 and Mr. Burns explained that they are on sewers but on streets they some times run as high as 80% and some times they are higher and other times they are,lower. He said it depends on the Board of Selectmen who determine the betterment. Mr. Viano said that these property owners would be paying about $20 a foot. Mr. Stevens said if it is going to be done on better- ments. However, if it can be worked out so that the land would be given, the amount of betterments would be added to the price they would receive. He said if everyone gives the land to the town, he understands the amount of betterments would be added to the price the people would receive. He said if everyone gives the land to the town, he understands it would be built without betterments. Mr. Seth said he is in accord and ready to give whatever is necessary to bliild the road. Mr. White said that the First National could not give more than ten feet without spoiling their plans; that is the maximum and compensation land is not going tb help. Mrs. Maxner said they would give eb atever is neces- sary to straighten the line out. Mr. White said he thought they could work out a plan on that basis. A true record, Attest: / lerk, S✓ ectme�n 67 68 Bids on radios SELECTMEN'S MEETING May 9, 1955 A regular meeting of the Board of; Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 9, 1955 at 7:00 P.M. Messrs. Reed, Gay, James and Maloney were present. Mr. Burns, Supt. of Public Works, Chief Rycroft and the Clerk were also present. In the absence of Mr. Bateman, Mr. Reed ser- ved as Chairman. Sealed bids for supplying four mobile radio units were opened by the Chairman and read as follows Link Radio Corporation Item 1. 4 -Link Radio Corporation Model 6000- 30DR-C1 Mobile FM Radio Transmitter - Receiver units, complete with all accessories and Western Electric Hangup type handset or Military type handl-set as preferred. RF Output 30 Watts to operate in the 152-]174 MC band, Universal 6/12 volt power supply. Unit Cost $378.00 Total $1512.00 Alternate Bid. Item 2. 4 -Link Radio Corporation Model 6000- 30VR-C1 Mobile FM Radio Transmitter Receiver Units, complete with all accessories and Western Electric Hangup type handset or Military type handset as preferred. RF Output 30 Watts to operate in the 152-174 MC band, Universal 6/12 volt power supply. Unit cost $332.50 Total $1330.00 Prices quoted are F.O.B. Lexington, Mass. Discount ]% 10 days. Delivery 30 days. Motorola Four 25 Watt Mobile Transmitters together with associated Sensicon Receivers housed in a locked dust -proof single steel housing complete with all accessories. Motorola Model T43G-1 $1,545.08. Delivery six to eight weeks. VCI 1 69 DuMont Four DuMont Type 301-B Two-way Mobile Units, complete and ready for installation, 6/12 volt operation $450..00 each uninstalled f.o.b. Lexington. If installed, price per unit will be $075.00. Radio Corporation of America Four Type CMC -30A3, 30 Watt, 6/12 volt, CARFONE, FM mobile equipment. Includes transmitter/ receiver, power supply, tubes, crystals, palm microphone loudspeaker and case and control head $1,620.00. The Chairman stated that the Board would take the bids under advisement. Two individuals were present at the opening and the Chief retired at 7:13 P.M. Further consideration was given to bids opened Bids on last Monday for a Hydraulic Spray Machine. The Chair- sprayer man read a letter from Fitzhenry-Guptill Company stat- ing the machine quoted is a standard production unit, parte are available at anytime. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to accept the low bid of $2190.00 sub- mitted by the Fitzhenry-Guptill Company. The Chairman read a letter from the State De- partment of Public Works advising that the following Chapter 90 assignment of funds, conditional upon the town and the county contributing the amounts shown: Hill Street State Town County Maintenance State Town County & Winchester Drive $20,000 10,000 10,000 1,000 1,000 1,000 Letter was received from Thomas W. Merrigan, Secretary of the Greenfield Study Committee on Fire Protection, requesting information re insurance pro- tection of municipal buildings and contents against fire, vandalism or wind damage. The Chairman is to answer the letter. Letter was received from the Division of Civil Chapter 90 Req. for inf. on insurance 70 Service advising that a notation will be made on the Police records of that office of a temporary assignment of Inspectors Police Lieutenant James F. Corr, Jr. and Patrolman George. C,. Barry, as Inspectors at an additional salary of $360 a year, effective April 29, 1955. Letter was received from the Board of *ealth re- questing an appointment on May 16th re Town of Arling- ton using land in Lexington for rubbish disposal. Request for Letter was received from Mrs. David E. Hume, 21 sign adv. Parker Street, on behalfof the First Parish Church, re - denied questing permission to have a sign carried through Lex- ington Center for the purpose of advertising the Church Fair. It was the unanimous opinion of the Board that some more suitable mode of advertising should be arran- ged and the request was denied. Further consideration was given to letter from Tax title James D. Henderson & Son, Inc., 1 Court Street, Boston, property re tax title property on Marsh, Spruce, Ward, Pearl, Hickory and Elm Streets. Request was made in the let- ter for a list of all.land controlled by the Town and the names and addresses of private owners controlling the balance. The Board felt that town employees should not be expected to compile this data for a private real estate firm. However, it was the opinion of the Board that Mr. Burns should have information prepared on tax title property which would be available to any individual who might desire to copy it. The Chairman read a letter from Colonel E. F. Carey, Complaint ADC liaison Office, Lincoln Laboratory, stating that Town Clerk he had been very rudely treated by Mr. Carroll, Town Clerk, and refused a resident fishing license. It was decided to ask advice from Town Counsel re letter of reprimand. Mr. Burns retired. Mr. Gordon Steele, Mr. James J. Crerie, Chairman of the Recreation Committee and Mr. Charles Allen met with the Board. The Chairman explained that he did not know un Adams School til Friday that he was to conduct the meeting this skating rink evening, but he was aware of the fact that Mr. Bateman had invited the group to meet with the Board to dis- cuss the skating rink at the Adams School. He said that there is some misunderstanding and possibly the. Selectmen and the Recreation Committee do not know tai 1 71 what the situation is. He said the Board vo uld like to see if Mr. 'Allen can be paid what is owed to him and also determine where the money is to come from. He said when this subject was first presented to the Board Mr. Steele asked if it would be possible to obtain a sum of money to install lights in back of the Adams School. At the time he was advised that the Selectmen had no funds and it was sug- gested that he contact the Recreation Committee. Mr. Steele said he would like to hear from Mr. Allen as to what the problem is. The Chairman explained that the bill was $776.37 of which Mr. Allen received $260. He contributed $200 leaving a balance of $316.37 which he feels is due. Mr, Allen saidthe explanation was correct. Mr. Steele said that the Chairman stated the case correctly. He came to the Board for information and co-operation to get the lights because of the impor- tance of the lights to the teenagers. At the Board's suggestion he went to the Recreation Committee and re- ported to that committee that a survey had been made. Some individuals contributed a great deal in the way of labor and materials to help put the program across at a very low cost. He `said that Good Gulf contributed the poles and Jenney Gasoline gave the reflectors. Men in the community dug the holes and poured cement and an estimate was obtained as to what it would cost to wire the poles after they were erected. This estimate came from the Boston Edison Compahy. With this as a basis they felt $500 would be a fair cost. He said that annually he contacts about 100 electrical contractors and went to Mr. Allen in order to give him an oppor- tunity to get some of the money because he had done work in previous years. He said after he gave the Recreation Committee the estimate and received approval he went to Mr. Allen and explained that there was only $500 to work with and after payment to the Boston Edison Company and some others, Mr. Allen could have the balance as that was all the money there was to work with. Mr. Steele said that he naturally thought Mr. ,Allen understood the situation fully or he would have put it in writing. 'He said that possibly some- where along the line Mr. Allen had the idea that the group was making money by taking up a collection but no collection was ever taken. Mr. Steele stated that he thought there were other factors that have been troubling Mr. Allen and possibly he felt that he had done most of the work for the town and should be paid this time to allow for other items. He stated that no one made any money on the project. 72 Mr. Steele explained that the poles Mr. Allen wired were all put up by co-operation of men of the Town and men of the Public Works Deartment; the men mixed and poured the cement and dug the holes. Mr. Allen did furnish the wire to 'go to the five poles and furnished the light bulbs. He said when he told Mr. Allen he could have all that Was&]Loft of the $500 he meant it and thought Mr. Allen understood it. He said that at the rate of $3.00 an hour and the cost of material an es- timated bill of $700 was out of line. He stated that in fairness Mr. Allen should study the bill himself as per- haps someone else had made it out. Mr. Steele said that he does not know how the Misunderstanding came about and he was never contacted by Mr. Allen. If he had been, possibly the matter could have been straightened out before it reached this stage. Mr. Allen said he was given five second-hand fix- tures which had to be rewired, adapt and use plumbing fittings and half as much time was spent in drilling and. taping in the shop as there was on the rink. He said he had to run the poles, run the wiring, put a police box on, put a station inside, put a meter box on and use several hundred feet of wire cable. Mr. Crerie said that in his letter to the Board he stated that win all fairness to Mr. Allen, we re- spectfully request that you invite Mr. Allen and Mr. Gordon Steele to appear before you in order that the situation may be clarified". He said he would like to indicate to Mr. Allen the committee's interest and de- sire to be fair. Mr. Crerie quoted from the Recreation Committee minutes of meetings December 2, 1954, December 9, 1954, January 1, 1955 and April 11, 1955. He said his Com- mittee contracted with Mr. Steele for $500 to do a cer- tain piece of work for which the Committee was billed and for which it paid. The Committee had no contract with Mr. Allen, and the Committee feels no responsbility in the matter. The Chairman explained that the Board had a public hearing at 8:15 P.M. and would therefore have to dis- continue any further discussion. He said that the Board would study the informationpresented this evening and make an appointment to meet with the group at a later meeting. Messrs. Crerie, Steele and Allen retired at 8:25 P.M. At 8:25 P.M. hearing was declared open upon notice of intention to lay out School Street, northeasterly a distance of approximately 2400 feet from Marrett Road 1 73 at Lincoln Street to Massachusetts Avenue. There were twenty-six persons present. The Chairman explained that the hearing was held in accordance with law and was a matter of legal pro- School Street cedure. He stated that the Board had the layout, as hearing prepared by the Town Engineer, to widen School Street and install sidewalks on the westerly side. He said that the project is the result of demands of the people for control of traffic and speed. When the Board re- qtested the State to make a speed test, the reply was that widening the street and installation of sidewalks is the answer. He explained that furthermore a side- walk is needed for the new school. The Chairman explained that he would first ask if anyone had any questions. Then the Board vo uld hear from those in favor of the project and then rrom those in opposition. ' Mr. Burns explained that there was a layout of only one side of School Street, and that was back in 1929= the side towards the school. The engineers have followed that and gone over forty feet to make a forty foot layout. That makes an eight foot sidewalk on the school side; five foot walks and three foot grass plot, From thef'e they move over to give a twenty-four foot roadway, the entire length of the street. At present it varies from eighteen, twenty to twenty-one feet and actually the -only place the engineers are moving over is on the Grandview Avenue and Eastern Avenue side of the street. He stated that there would be minor changes at Marrett Road and Massachusetts Avenue ends. Some one asked where the curbing would be installed and Mr. Burns replied that it will be on the same side as the sidewalk. The Chairman explained that the sidewalk will be permanent and the Board does not want to install a per- manent sidewalk without curbing. The Town will assume the cost of the curbing. Mr. Burns explained that the abutters will pay 50% for the sidewalk and the town will pay 50% which will be about $1.00 per linear foot for a bituminous sidewalk. Someone asked if the road would be completely re - paved and Mr. Burns replied in the negative explaining that it will be just extended. Someone asked what would happen to the trees and telephone poles. Mr. Burns replied that if the trees are in the way,"they will have to be taken down and if the poles are in the way, they will have to be moved. 74 The Chairman stated that the Board of Selectmen does not like to take down trees and is very reluc- tant to do so. Mr. Burns explained that most of the trees will be taken down because of age or interference. The Chairman asked those in favor to state their names for the record. Mr. Hugh Thompson said he was in favor as the street should be widened. Thirteen individuals indicated approval by a show of hands and two individuals indicated opposition by a show of hands, one being Mr. Lofchie. Mr. Lofchie, 88 School Street said that the safety of the children going'to and from the shhool is not met by the addition of the sidewalks when a street is built this width. He said it would 'seem more economical to merely close the street to traffic. The Chairman explained that would be"impossible. He also explained that the Board cannot put a steed limit on the street because the State will not approve it. Mr. Burns said that a twenty-four foot pavement is the standard width for residential streets and it must be that wide to take care of parking cars. One individual asked when the work would be done if it is approved by Town Meeting and the Chairman replied that it has to be ready for school. He said there would be a Town Meeting the latter part of this month or the first of June for this and one or two other items. Mr. Lofchie asked if the street would be patrolled and the Chairman explained that the Selectmen had re- quested an additional patrol car at the March Town Meeting and it was overwhelmingly refused. The hearing was declared closed at 9:00 P.M. Hearing was declared open upon notice of intention Proposed to lay out Proposed Road from Bedford Street to Massa - Road chusett, Avenue, southwesterly, a distance of approxi - hearing mately 1930 feet. Mr. Stevens, Town CoOnsel, arrived at the meeting and there were fourteen'other persons present. The Chairman stated that the Board intends to pro- ceed with this road. Previously there was'some doubt as to how the project was'going to be done and whether it was going to be done. The Board now feels it is a necessity and has had the road laid out; He explained that at one time there was a discussion about using the middle of the brook as the property lines came down to the middle of the brook. However, that has not been followed. In some cases the middle of the brook is the middle of the road and in some instances it by-passes some property. 1 75 He explained the amounts of property taken in this layout as follows: Viano 6,200 square feet 700 r ": Seth & Maxner 9,500 " et First National Stores 13,300 " Seth & Maxner 31,350 " et Whalen 6,700 " " Catholic Church 8,550 " it tte 800 " " McDonough 2,)150 et et Lex. Construction 13,360 . " " Ladd 8,500 a " Katie Reed L,500 " " Dearborn 3,300 " " n; 100 et re Lex. Home for Aged 800 "' et " " " " 12,000 w n Freet eman 17,el et 350 " et The Chairman asked if there were any questions. Mr. Freeman said he wanted to object to the way the road is coming out Stratham Road. He said that the better egress would be from the existing.proposed high- way which would come further up Massachusetts Avenue. The Chairman explained that the proposed highway , goes down through the ball field and this is only as far as the Board intends to go at the present time. This portion is only part of a proposed road which will come over to Route 2. Mr. Freeman said that he was interested only in coming out onto_Massachusetts Avenue, and the notice he received only mentions coming out on Massachusetts Avenue. The Chairman again stated that this is only part of a road which will go over to Route 2. The Chairman asked if there were any questions in regard to the layout and there were none. The Chairman asked if the First National Stores was in accord with the entrance off Bedford Street. Mr. MacDonald replied that they are in accord with some adjustments mutually agreeable to the three parties involved. He said that Bedford Street involves some interchange of property but in accordance with the mutual adjustments and they are in favor. Mr. MacDonald naked if they would have access to the road from their property and the Chairman replied in the affirmative. 76 The Chairman asked all those in favor of the pro- posed road to give their name or indicate their ap- proval by a show of hands,. Mr. Seth stated that some time ago Mr. Ballard spoke about this and it is the intention of the Seths and Maxners to grant twenty-five feet along the brook and they hope it will go through. The following individuals wished to be recorded in favor: Murray Dearborn, Father Casey, Mrs. John Whalen, Seth and Maxne•r, Mr. McDonough. The Chairman asked if anyone present wished to be recorded in Opposition. Mr. and Mrs. Freeman opposed. The Chairman stated that this is the begin:hing of a circumferential highway which the Planning Board has proposed and will take the traffic away from the center of town. Mra. Freeman asked how the road would go into the ball field and the Chairman replied that it would be in front of Hastings Park. The Chairman explained that the proposed road will be presented to Town Meeting and it is really to obtain the. sense of the Town Meeting members. The Selectmen feel it is needed for the Fire Department and also for the establishment of another business area in town. There were no further questions and the hearing was declared closed at 9:15 P.M. Decision re Mr. Lyon's requests for abatement and/ or deferment of water betterment assessments on property located on Wachusett Drive and Marrett Road was held over. The meeting adjourned at 10:05 P.M. A true record, Attest: "19 ectmen sad 1 SELECTMEN'S MEETING May 16, 1955 A regular meeting of the Board of Seleotmen was held in, the Selectmen's Room, Town Office Building, on Monday evening, May 16, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Gay, Reed, Maloney and James were present. Mr. Burns, Sup't. of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for a j/o pole location on Bowman Street. Mr. Mahon of the Boston Edison Company and Mr. Consilvio of the New England Telephone & Telegraph Company were the only persons present at the hearing. Mr. Mahon explained that the proposed location is to bring a line across to service new homes now under construction. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the order for the following j/o pole location: Bowman Street, northerly side, at Conoord Turnpike, -• One pole. Hearing was declared open at 7:03 P.M. on peti- tion of the Boston Edison Company and the New England Telephone & Telegraph Company for pole location on Bowman Street. No abutters attended the hearing. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the order for the following j/o pole location: Bowman Street, southerly side, at Watertown Street, -- One pole. (One existing j/o pole to be removed,) At 7605 P.M. hearing was declared open upon peti- tion of the New England Telephone & Telegraph Company for permission to lay and maintain underground con- duits and manholes, with wires and cables on Waltham Street. No abutters attended the hearing. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the order 77 Pole location Pole location 78 for the following underground conduit locations: Conduit Waltham Street: From a point 155 feet location northeasterly from Grapevine Avenue, approximately 120 feet underground conduit. Crosby Road Waltham Street: From a point 1314 feet southerly from Concord Avenue, ap- proximately 110 feet of underground conduit, Messrs. Consilvio and Mahon retired at 7:08 P.M. The Chairman read a letter from Paul K. Palmer, Chairman of the Maria Hastings School Building Com- mittee, advising that Crosby Road will need to be completed by the first of July to make •certain the grading will be done on schedule. He also stated that the Committee had received complaints re the drainage in the area. The Chairman was authorized to advise Mr. Palmer that it will not be possible to comply -with the re- quest inasmuch as the bids for constructing roads approved by Town Meeting will not be opened until about the middle of July and even though construc- tion will start as soon as possible after the con- tract has been awarded, the Board does not see how the road will be completed before September 1st. It was also suggested that the Committee continue the use of Wilson Road to bring in equipment and materials for grading and seeding and further, that the Town owns the loam and will have it removed from the late. If Mr. Palmer or his Committee wishes to discuss the subjects further, he is to request an appointment. The Chairman read a letter from George V. Morse, Honorary President of the Lexington Tennis Association, Tennis Courts suggesting that the hard court tennis court now being constructed be surfaced in green. A similar letter was received from Jane Gallagher, Secretary of the Association, The Chairman was authorized to refer the letters to the Recreation Committee, acknowledge Miss Galla- gher's letter and send a copy to Mr. Morse. Mr. Burns referred to the proposed parking area and stated that even if it is constructed without a hearing, the tentative Town Meeting date of June 20th is very short. He said that he doesn't know how large 1 79 the parking space is going to be and he would like to Parking know if be is to have it laid out because it is going area to take time. Mr. Maloney inquired about the plan already made and Mr. Burns explained that it is not a detail sur- vey. Mr. Reed said that the Planning Board had an ap- pointment to meet with the Board later in the evening and he thought the Boards should decide definitely how the parking area is to be laid out. Mr. Burns said that if the plan he bas is approxi- mately what the Boards want to use, he will have to get started. Mr. Stevens, Town Counsel, met with the Board at 7:25 P.M. Master Sergeant Hill met with the Board and ex- plained that he was representing the Field Artillery unit at Fort Banks. He said that this is Armed Forces Week and the unit would like permission to place a Nitro NIKE guided missile on the Common from 11:00 A.M. p�lldsd until 5:00 P.M. By having this unit in Lexington on :Missile ArmedForces,Day it would give the people an oppor- tunity to see -it. He said t hat the explosive would be removed from the unit. They would like. permission to park one truck. The missile stands thirty feet high and will not damage the ground. There would be six one -inch stakes in the ground for guy wires and the unit would be on display May 21st. Three pieces of equipment will be involved and there will be men to answer questions. Mr. James inquired as to the number of people from the services and Sergeant Hill replied that there would not be more than twelve. Neither Mr. Burns, Supt. of Public Works, or the Board had any objection. . Sergeant Hill retired at 7:35 P.M. Mr. Stevens referred to communication from Col. Carey in re .difficulty in obtaining.a fishing license and it was agreed to have the Chairman discuss the subject with Mr. Carroll. becision relative to Mr. Lyon's request for de- ferment or abatement of water betterment assessments on properties on Waehusett Drive and Marrett Road was held over. Town Counsel is to obtain further infor- mation from the Tax Collector. 80 Town Meeting Upon motion duly made and seconded, it was voted to call a Special Town Meeting to be held on Monday, June 20, 1955 at 8:00 P.M. The warrant •to be closed. Mr. Stevens retired at 8:10 P,M. Chairman McQuillan, Messrs. Cosgrove, Cole and Lurvey, of the Board of -Health, met with the • Board. Mr. McQuillan referred to request for permit to allow the Town of Arlington to dump in Lexington and said that the Board of Health realizes it is their re aponsibility. He stated that if it were only a ques- tion as to whether or not this was a health menace, the Board would not hesitate, but this appears to be a matter of precedent. He said that his Board is willing and will make the final decision but would like to have the counsel and thoughts of the Selectmen. He. said that there is the question as to whether or not the ap- plication may still have a Board of Appeals hearing if the Board of Health refuses to issue a permit. Mr. Reed said that his personal feeling is that the Board of Health must decide whether or not this is a health menace. Mr. McQuillan said he feels it is•beyond that be- cause it will be establishing a precedent. Mr. Reed said he thought the final decision would be made by the Board of Appeals and that is where the Selectmen will have an opportunity to express an opinion. He said the only decision the Board of Health can make is whether or not it is a health menace. Mr. McQuillan explained that his Board of Health thought possibly the Selectmen might have some definite reason why they did not want dumps established in Lex- ington and if so, the Board of Health would like to know about it. The Chairman said that even if the Board' of Health grants• a permit, the applicant -will still have to go be- fore the Board of Appeals. Mr. McQuillan said that the Board of Health feels the Cataldo place is an extension of the present Arling- ton dump, filling in land without trucks driving through Lexington streets. He said this would not be a nuisance. However, in Father Kinneen's case there would be trucks coming in every day which might affect the Board of Selectmen more than it does the Board of Health. Mr. Maloney said that if the present operation in Arlington is continued, something will have to be done about the brook and it would have to be piped. Mr. Reed said that would be part of the restric- tions made by the Board.of Appeals. The Board of Health retired at .8:140 P.M. 1 1 81 Further consideration was given to the subject of Skating Mr. Allenis billforelectrical work done at the Adams rink School skating rink and Mr. Maloney reported that he had told Mr. Allen to submit.an itemized bill. Upon motion of Mr. James, ascended by Mr. Gay, it Cert. of Incl was voted to approve a Certificate of Incorporation for Louis A. Miner, 6 Fair Oaks Diive. Upon motion of Mr. Maloney, Bedded by Mr. Gay, Cert. of Inc, it was voted to approve a Certificate of Incorporation for Albert J. Moll, 25 Dawes Road. Upon motion of Mr. Reed, seconded by Mr. Maloney,Cert. of Inc, it was voted to approve a Certificate of Incorporation for Dorothy Jones, 71 Lowell Street and John J. Garrity, 9 Hancock Street. • The Chairman read a letter from James J. Carroll, Town Clerk, requesting a transfer of $145 to cover the Transfer cost of printing ballots for the Special Referendum held May 9, 1955. The request was referred to the Ap- propriation Committee. Letter was received from Barbara L. Bateman, on behalf of the Hancock Congregational Church, request- Rummage ing permission to,use the Barnes property.for a rum- sale mage sale on Saturday, October 15,-1955. Upon motion duly made and seoonded,.it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licensee: Clarence R. MacPhee 14 Baker Avenue Sunday Sales Francis J. Lima 877 Waltham Street Junk Collector Ray Feeley 1794 Mass. Avenue Sunday Movies Applications were received from the Lexington Police Women's Association for permission to conduct meetings in the conference room, Cary Memorial Building, on May 20th from 7:00 P.M. until 10:00 P.M. and June 2nd from 7:00 P.M. until 10:00 P.M. Both uses were granted free of charge, subject to a fee of $1.50 per hour for janitors overtime services. Letter was received from Floyd A. Roby,.83 Reed Tax title Street, advising that he will pay $800 for Lots 16 & 17, property Block B, Reed Street subject to restrictions established by the Board. Use of hall 82 Radios Mr. Reed moved that -a proposal to sell the lots be advertised in the Lexington Minute -Man and that • further consideration be 'given the offer at the next meeting of the Board. Mr. Gay seconded the motion and it was so voted. • Further consideration was given to bids received for four mobile•radio units. Upon motion of Mr. James, seoonded by Mr. Gay; it was voted to accept the bid submitted by the Motorola Communications & Electronics, Inc. in the total sum of $1,5145.08 for the following equipment: 14 25 Watt Mobile Transmitters to- gether with associated Sensicon Receivers housed in a looked dust proof single steel housing complete with all accessories. Motorola Model T1;3G-1. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to make the following appointments for terms expiring March 31, 1956: Board of Appeals Associate Members Elmer D. Houdlette George W. •Emery . Ernest A. Lindstrom 2652 Micas. Avenue 147 Somerset Road • 63 Farmcrest Avenue Board of Public'Welfare & Old LRe Assistance Robert K. Taylor 2591 Massachusetts Avenue Galmaell Legacy Income Trustees Mrs. Robert Merriam Oakmount Circle Harold F. Lombard 14 Caaeldge Avenue Weights & Measures Ralph L. Chadwick_ 67 Orchard St., Belmont The Chairman suggested establishment of a Town Com- mittee for the purpose of arranging for Observance of April 19th and United Nations Day. He submitted the names of Dan Fenn and Dorothea Dodge as members of the Committee. It was also suggested that a letter -be sent to ser- vice and veterans' organizations requesting them to sub- mit three nominations, one of which will be selected Cld 1 1 83 to serve on an over-all celebrations committee.: Colo- nel Rock who has assisted with the 19th of April cele- brations is to be appointed an honorary member of the proposed committee. At 9t30 P.M. Chairman Adams, Messrs•. Abbott, Parking Irwinn.#*rindle, Hathaway and Jaquithof the Planning area Board, Mr. Stevens, Town Counsel, Mr. Burns, Supt. of Public Works, and Mr. Snow, Consultant to the Planning Board, met with the Selectmen. The Chairman explained that if Mr. Burns does not know within the next day or two what is going to be done insofar as the proposed parking area is concerned he will not have sufficient time to prepare the neces- sary details. Mr. Adams reported that the situation has come up to a very sudden operation with Mr.. George Smith. Building has been stopped and there is an option on the land for a lot of money. The merchants have agreed to pay atleast $5,000 and the rough total figure is about $18,000. This is brought about because there is a place available to him for $14,000. He said that it seems like a lot of money but if it is irtant enough, the town may have to go through something of that sort. The building is about to go up and the only alternative is to take the land by eminent 'domain. He said the Town now San take the chance of going to court or paying a large sum of money, about $1.10 per foot. Mr. Maloney said that the amount the merchants have agreed upon will more than offset what Mr. Smith is demanding. He said he thinks the parking area is important enough and some of the owners would be will- ing to sacrifice a little. He said that on both sides of the street, not knowing just who, but some of them are substantial contributors and that in itself should be enough to convince anyone of the urgency. Mr. Adams said that he talked to Matheson last night and he feels sure he will go along. Mr. Maloney reported that the Savings Bank is interested and has agreed to contribute. Mr. Adams said he thought Smith, Manhattan and the Savings Bank owned about 50% of the total land area. Mr. Maloney said that in view of all the work that has been done on this project by Mr. Burns, Mr. Snow and the Planning Board he thought something should be done. Mr. Reed questioned the width of the street and Mr. Burns explained that if there is to be two-way traffic, it will have to be thirty feet. Mr. Adams asked if, in the appraising, the better- 84 ment to the property was considered as an offset and Mr. Stevens replied in the affirmative. Both Boards were in agreement'` with the plan as pre- sented and the meeting adjourned at 14205 P.M. A,true record, Attest: 1 85. SELECTMEN'S MEETING May 23, 1955 A regular meeting of the Board of'Seleotmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 23, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Gay, James and Maloney were present. The Clerk was also present. Mr. Reed arrived at the meeting at 8:30 P.M. Hearing was declared open upon petition of DeVries Construction Co. Inc., for per�aission to store 1,000 gallons of gasoline in an underground tank on the Gasoline premises at 263 Lowell Street. The application was hearing approved by B. J. Belcastro, Head of Fire Prevention, Lexington Fire Department. Mr. H. L. Paquette, 223 Lowell Street and Mr. Howard M. Tuttle, 219 Lowell Street were the only persons present at the hearing. Both individuals expressed displeasure in re work done by the com- pany in this development. The Chairman called in Mr. Burns, Supt. of Pub- lic Works, who said that no commitment should be made as to the work done by the contractor until it is de- termined whether or not the town is responsible. The Chairman said that he and Mr. Burnc`would view the development, find out what can or cannot be done and then advise those present. He asked what their attitude would be in regard to the application and Mr. Paquette replied that they are opposed to anything •DeVries wants to do. The Chairman asked if they were opposed on general principles and Mr. Paquette replied in the affirmative. The hearing was declared closed at 7:25 P.M. and Messrs. Paquette and Tuttle retired. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant DeVries Construction Co., Inc. a 2larnse to store 1,000 gallons of gasoline in an undOground tank on premises located at 263 Lowell Street; Chairman to write a letter to go with the per- mit in re complaints registered by Messrs. Paquette and Tuttle. Mr. lames J. Carroll, Town Treasurer, met with the Board and stated that he needs to borrow money to carry on until taxes start coming in. He said that on June 1st, July let and August let he has bonds coming due and after 86 this week's warrants there will be. -only $129,000 left. Short-term He would like to borrow $500,000 in anticipation of borrowing taxes and stated that the rates would be double this year. The Chairman asked Mr. Carroll to obtain at least three bids, accept the lowest and proceed with the borrowing. Mr. Carroll retired at 7830 P.M. Gasoline bids Mr. Butrnt reported that he had received bids as 'follows for gasoline: Socony-Vacuum Oil Co. Inc. Gulf 011 Corp. Cities Service Oil Co. Easo Standard Oil Co. 2.98 off tank wagon 2.95 2.05 a s w 1.91 W a w piesel Socony-Vacuum Oil Co. Inc.- 11.2: 1/2d Gulf 0±1.Corp. 13.8 1/10 Cities Service Oil Co. 13.8 net Esso Standard Oil Co.' 14}.2 1/21 Mr. Burns explained that thedifference between the Socony and Gulf amounts to approximately $27 per year. The Town is now buying from Gulf and has been for two years. -Mr.:Gay asked, if the pumps would have to be changed over if the lot bid were accepted and Mr. Burns replied in the affirmative. The Chairman'said that he thought the Board should accept the low bid when bids have been invited. Upon motion of Mr. Gay, seconded by. Mr. Maloney, it was voted to accept the bid submitted by S000pro Vacuum 011 CO. Inc. - Mr. Burns reported that he had received bids as Sewer pipe follows for 6" sewer pipe: & fittings bids Lexington Lumber Company .3375 per foot Waldo Brothers .3555 Lexington Lumber Co. - Fittings 1.5 Waldo Brothers 1.42 Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to accept the bid submitted by Lexington Lumber Company. 1 Mr. Burne reported that he had received bids as follows for 500 -yards of loam: Quinn 2.75 per yard Palladino 2.50 " a 87 Loam bide Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to accept the bid submitted by Palladino, Mr. Burns reported that the betterments on Bartlett Avenue -figure, $5.y8 and on Gleason Road $5./48. He was authorized to proceed to figure the betterment assess- Betterments menta using the formula which has been used on streets recently accepted. Mr. Burns retired at 8:05 P.M. Chief John W. Rycroft met with the Board. The Chairman explained that the reason the Chief Police was asked in this evening was because he has told the Inspectors Board several times that the Selectmen are Police Com- etc. missioners of Lexington. He said the Board would like the Chief's cooperation when new appointments such as the detectives.come up. He said"the,Chief spoke to him about it, but the Board would like to be taken into his ,confidence before changes are made or before men are changed from night to day duty and from day to night duty. He said that the Board feels it has a very fine esprit de corps and the morale is high. He said that he did not disagree with the Chief on the two detec- tives but did not know anything -about it. He said that there is a little unhappiness around. ,The Chief explained that he filled in the appli- cation and attached a letter to it, all to be signed by the Chairman of the Board, and he assumed that it would be known by the Board. He said that he thought everyone on the Board knew about it. The Chairman said that it was probably his fault but he did think that the entire Board should discuss these changes. Mr. James said t hat the first he knew about it was when the letter came back from Civil Service and he was surprised that the Board had not heard about it before,. He said the other thing that bothered him was appointing the Chief's right hand man to one of these jobs because he, Mr. James, felt his job is an admini- strative officer. He said he understood he had charge of a day shift and couldn't do that well and be on twenty-four hour call for an inspector's duty. He said he felt that a man having charge of a shift 88 couldn't also handle this. He said it was his under- standing that the Lieutenant should be an adminis- trative officer. The Chief said that he did not agree. He ex- plained that there is no job in the department that one can learn more about police work than the job the Lieutenant now has. He can see the right and wrong way of doing things. He will get more knowledge and wisdom as he meets with them and goes out with them. They may have better ideas. • Mr.. James said he was confused but he thought the Lieutenant was a Senior Officer. The Chief said that he does not know of any depart- ment doing investigating work that does not have a senior officer. He said the most important job the de- partment has is investigating work. These are things that happen about which nothing is.known until it has been called to their attention. The man has to start from scratch and decide how to move and operate. He said that nothing has ever been said to him about who was selected. He stated that when Lieutenant Knapp re- tired, he was caught and went to the men in the Depart- ment one at a time and asked if they would'be interested in doing this work, but they did not want the work. He said Lieutenant Corr was a Sergeant and he had to go to Court with him and cram everything he could into him. The two men, who he thinks are doing the talking, re- fused the work, but they had the opportunity. He said he did not want to crowd it onto Lieutenant Corr. Mr. James explained that his remarks were not based on any talk.he heard. The Chief said that this is a temporary job and the men can be removed if -they cannot do a good job. Mr. Jamas said it provides an opportunity for the Chief to train more men. The Chairman said that any more changes such as this would be brought.to the Board before he signs for them and it was his error in not notifying the members of the Board. The Chief said that he did not think any harm had been done and he presumed the Board knew about it. Mr. Gay:asked if there ever would be a permanent inspector and the Chief replied in the negative explain- ing that this way they do not have the right bo appeal to Civil Service if the Board decides to make a change. Their names have to be recorded with Civil Service be- cause there is extra compensation involved. The Chairman reported that Mr. Tobiason called him this evening and complained about conditions at the gravel pit on North Street. The Chairman said that the 1 Chief would have to put his detectives over there. The Chief said he could assign men there and let other things go. The Chairman said that there is a No Trespassing sign, there and it seems to him that something could be done about keeping people out of there. He said perhaps there should be No Parking signs posted as the police go up, move them out and then go off. Immedi- ately the cars are baek. The Chief explained that he is limited as to what can be done because it is private property and it is not up to him as Chief of Police to make any of his men sign a complaint. He asked if Dr. Shannon, the owner, would sign a eomplaint and back the police. He said the owner has created a nuisance. The Chief said that the police can obtain the in- formation and then the owner signs the complaint. How- ever, by the time the case comes up in Court someone has probably reached the owner and then the police are accused of falsesarreat. He said the only way forhandle the situation is to go over and keep putting them out or have the owner sign a complaint. He said he would send someone out tonight and see what they can do. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to 89 Gravel pit on North St. amend Traffic Rules and Orders by adding to Article V Section Il. the following: On the north and northeasterly, south and southwesterly sides of North Street from Adams Street to Lowell 3tOeet. Letter was received from Cyrus Brewer stating that on two different occasions he has asked to have his name included among those insurance agents or brokers in con- nection with the allocation of insurance commissions. Insurance He stated that his last reply in December, 1951. the Chairman refused to enter his name under the pool arrange- ment. the communication to which Mr. Brewer referred stated that the Selectmen were of the opinion that the list of agents now participating is as large as desir- able and no increase is anticipated. The only possibi- lity of a change in the present list would ge when one of the agents dropped off for any reasefi. Mr. Gay suggested adv_,ising Mr. Brewer that his name is on file and as soon as there is a vacancy in the present list he will be considered when his turn comes. The Chairman said that he would acknowledge Mr. Brewer's letter. 90 Letter was received from the Planning Board stating that the Board voted on May 16, 1955 to approve acceptance of School Street and the pro- posed road from Bedford Street to Massachusetts Avenue. Letter was received from Mr. Stevens, Town Counsel, advising that Chapter 247 of .the Acts of Land 1955, Which was approved on April 4, 1955 and be conveyances comes effective ninety days thereafter, makes a new requirement to be observed in the conveyance of land by cities and towns. Mr. Stevens explained that the town has to charge, in addition to the price, an amount to cover taxes just as though taxes had been assessed for that year; that year^only. He said that the taxes will have to be apportioned from the date of the deed to the end of the year if the tax rate is established or else lease it on the taxes for the preceding year and not base it on vakuation. The money received on this goes into the general fund. Further consideration was given to Floyd A. Roby's Tax title offer of $800 for lots 16 and 17, Block B, Reed Street. property A proposal to sell these lots was advertised in the May 19, 7955 issue of the Lexington Minute -Man. No persons contacted. the Selectmen's Office as a re- sult of the advertisement. Upon notion of Mr. Gay, seconded by Mr. Maloney, it was voted to sell and convey Lots 16 and 17, Block B, Reed Street to Floyd A. Roby for $800 with the understanding that the deed will be so drawn as to prevent erection of more than one house on the two lots. The Chairman brought up Mr. Joseph Moretti's offer of $25 for lots 187 and 188 Rindge Avenue. Re Tax title reported that Mr. Moretti came in to see him and showed property him the land he already owns in this area. Mr. Moretti told the Chairman that he would install the water him- self for the entire length. Mr. Reed asked how he could be held to that and Mr. Stevens said that the Board could get a letter from him advising that he understood the town would not put in the water. It was agreed to entertain an offer of $100 for each lot with restriction that only one house will be erected on the two lots°and further a signed statement by Mr. Moretti that he will install the water. Application was received from Mr. George E. Foster, on behalf of the Veterans' group, requesting permission 1 to use Cary Memorial Hall on May 30th for Memorial Day Exercises from 8:00 A.M. until noon. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall free of charge, subject to a charge of $1.50 for janitor's overtime services. Application was received from Susan Phelps, on behalf of the Lexington High School Senior Class, re- questing permission to conduct the graduation dance in Cary Memorial Hall on Friday, June 17th from 8:00 P.M. until midnight. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall free of charge, subject to a charge of $1.50 per hour for janitor's overtime services. 91 Use of hall Use of hall Upon motion of Mr. Gay, seconded by Mr. James, it Sunday was voted to grant a Sunday Movies License to Lexington license Theatre (Ray Feeley). Upon motion of Mr. Reed, seconded by Mr. James, Forest it was voted to re -appoint Roy A. Cook as Forest Warden, Warden for a one-year term commencing June 1, 1955, subject to approval of the Division of Forestry, Board of The Chairnian was authorized to contact Mr. Charles Health H. Cole to find out whether or not he is interested in serving another term as a member of the Board of Health. The meeting adjourned at 10:10 P.M. A true record, Attest: 92 SELECTMEN'S MEETING May 31, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, May 31, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay,and Maloney were present. The Clerk was also present. • The Chairman read a letter from Mr. Angus W. Req. for McIver, 30 Follen Road, stating that he ie having sewer- trouble, with his cesspool and would like to have his property connected with the sewer. The sewer in Pollen Road does not extend far enough to ineludethis property and there are no funds available to make the extension this year. The Chairman read'a letter from Mr. William Cary Building Roger Greeley re ventilating system in Cary Hall, ventilation together with report from Richard D. Kimball Co., the engineering company that designed and super- vised the construction of the system. Letter was received from the County Commis- sioners advising that a hearing will be Wad in the Commissioners' Office June 21st at 10:30 A.M. on petition of -the Selectmen for the discontinuance of a portion of Wood Street as a public way. Letter was received from Mrs. F. J. MoPeake, No. Lex. 314 Valley Road re drinking fountain for the new Tennis Court tennis court in North Lexington. The Chairman was authorized to refer the com- munication to the Recreation Committee. Letter was received from Mr. Carroll, Town Loan in Treasurer, advising that he had received bids for anticipation a $500,000 loan in anticipation of revenue as fol - of revenue- lows: Merchants National Bank .9 % Second Bank -State Street Trust Co. .90 Lexington Trust Company 1. % One for 1.10% N a 1.10 1 Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to approve action taken by the Chairman previous to the meeting whereby he authorized the Town Treasurer to accept the bid submitted by the Merchants National Bank. The Chairman read a letter from the Planning Board advising that the Board proposes to prepare population studies, as a basis for pfojecting future planning for Lexington, presenting the information in the form of age class spot maps. -! Census data from which such' studies may be prepared are under the jurisdiction of the Secretary of the Commonwealth and cannot be used without permission. The Planning Board requested that the Selectmen write seeking permission for Mr. Snow, Consultant to the Planning Board, and Paul C. Hallam, a student assistant, to use the Lexington census datafor plan- ning purposes: The Chairman was authorized to request the desired permission. The Clerk reported that, due to the unforeseen ex- penses involved as a result of the referendum held on Transfer May 9th, the funds in the Elections Account are ex- hausted and there are bills outstanding in the amount ' of $328.03. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $328.03 from the Reserve Fund to the Elections Jurisdiction Selectmen Account. 93 Census data for Planning Consultant Itemised statement was received from Allan Elec., E. Lex. tric,Service for material and labor used at the skating skating rink rink at the rear of Adams School. The Chairman to contact Mr. Gordon Steele re .the hours for labor and then discussthe subject with Mr. Alien. Upon motion of Mr. Maloney, seconded by Mr. Gay, Licenses it was voted to grant the following licenses: Simonds Rontiac 1436 Marrett Road 1st Class Agent Lexington Theatre 1?9h Massachusetts Avenue Sunday Movies -John Abel ?3 Grant Stteet Guide Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign the Warrnat calling a Special Town Meeting for Monday, June 20, 1955. Mr. Stevens, Town Counsel, arrived at the meeting at 7:1+0 P.M. 94 Petition was received from John J. Burtch, 6814 Lowrll_'.btreet, et al re pollution of Butterfield's Pond. Butterfield's Mr. Stevens asked if the water is. polluted and Pond also if there is enough silt going into the pond to interfere with Lexington's drainage rights. He said he previously understood that it was outside the limits of the town's taking. The Chairman agreed to answer the petition and Mr. Stevens is to check further. Letter was received from Jamas F. Mowat, Dog Officer, reporting that during the past six months Viaioua dog a dog belonging to John W. Woodbury, 1430 Massachu- setts Avenue, Lexington, has bitten three persons. It is Officer Mowat's opinion that the dog should be disposed of or compelled to wear a muzzle. The Chairman agreed to contact Mr. Woodbury and if he is unwilling to disposeof the dog a hearing will be held at which time the Board will make an. order concerning the restraint or disposal of the dog as may be deemed necessary. Today was the final date for Master plumbers Plumbing Inap. interested in the part-time Plumbing Inspector posi- tion to contact the Board. Four local men reported interest and the part-time Inspector for Belmont in- dicated interest if no Lexington residents are avail- able. The Chairman said that he would write to those interested and invite them to meet with the Board to discuss details before requesting Civil Service to conduct an examination. Tax title Proposed Road Upon motion duly made and seconded, it was voted. to sign a deed, prepared by Town Counsel, releasing, such part of Lot 135 situated on Philemon Street, as lies within the Town of Lexington to Irene B. Graziano of Arlington. Mr. Stevens advised the Board to have some spec- ific name selected for the Proposed Road, a portion of which will be voted on at the Special Town Meeting in June, from Bedford Street to Massachusetts Avenue. He said that Mr. Worthen has suggested the name of Tilton Road or Boundbrook Road. It was unanimously agreed to recommend that the Planning Board consider Worthen -Road as a name for the proposed highway. ' 1 95 The Chairman read bids for a truck to be used by Truck bids the Park Department as follows: Truck Sales & Service Co. $2,750.00 Frederic R. Childs 2,975.00 International Harvester Company 3,000.00 Rowe -Jackson Chevrolet, Inc. 3,162.00 Reo Motors Inc. 3,5014.50 Upon motion duly made and seconded, it was voted to accept the low bid of $2,750 submitted by Truck Sales & Service, Co., Wub3ect to Mr. Burns' approval. The Chairman read bids for a truck to be used by Truck bids the Public *orks Department as follows: GMC Truck & Coach Division Truck Sales & Service Co. Frederic R. Childs International Harvester Company Reo Motors Inc. $5:955.00 6,660.00 6,700.00 6,7140.00 8,092.80 Upon motion duly made and seconded, it was voted to accept the low bid of *5,955 submitted by GMC, sub- ject to Mr. Burns' approval. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to re -appoint Mr. Charles H. Cole, 14 Franklin Road, a member of the Board of Health for a three-year term expiring June 1, 1958. Upon motion of Mr. Reed, seconded by Mr. Maloney it was voted to re -appoint Mr. J. Henry Duffy and Asso- ciate Member of theBoard of Appeals for a one-year term expiring March 31, 1955; Mr. Duffy to advise the Board if he is unable to accept. Legal notice was received from the Lexington Plan- ning Board re hearing to be held on June 6th relative to application for approval of a subdivision property of Anne and Joseph Spinelli, known as Cary Acres. The meeting adjourned at 8:145 P.M. A true record, Attest: Appointment Appointment 96 Chapter 90 • $ELECTMEN's MEETING June 6, 1955 • A:regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 6,-1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed, Maloney and James were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Letter was received of Public Works advising work on•Hill Street will signers •at their office, 14th at •2:00 P.M. from the State Department that bids for Chapter 90 be opened by the Commis - 100 Nashua Street on June Letter was received from James J. Carroll, Town Resignation Clerk, advising that James V. MacDonald has resigned as a member -of the Appropriation Committee, effective May 31, 1955. Committee appointed Committee appointed Rubbish barrels Letter was received from James J. Carroll, Town Clerk, advising that the Moderator has made the fol- lowing appointments td the Additional Town Office Building Committee: John H. Brooks, Jr., Robert W. Hunter, Frederic K. 'Johnson, William E. Maloney and Haskell W. Reed. Letter was received from James J. Carroll, Town Clerk, advising that the Moderator has made the fol- lowing appointments to the Capital Expenditures Com- mittee: Mrs. John P. Rich and Donald E. Williamson, one year; John A. Carrier and D. Sargent Goddard, two years and Sanborn C. Brown for three years. The Chid:man said that he has had four or five requests relative to placing rubbish barrels on Mas- sachusetts Avenue in front of Woolworth's and some of the drug stores. Mr. Burns said that he has no objection and the suggestion is a good one if it works. He did have barrels at Depot Square that were chained and pad- locked, but they proved to be very unsatisfactory. He said, however, he would try placing a couple in the center and see how they work out. The Chairman read a letter from Colonel John L. Miles offering an oil painting of the °Consti- tution" to the town. He explained that Colonel iZta 1 97 Miles inquired last week as to who was president of the Lexington Historical !Moiety. The Chairman informed himcthat the president is Charles Davis, but he went Oil painting to see Mr. Worthen. Mr. Worthen asked Mr. Davin to given to Look at it to determine whether or not the tewnlwould town be interested in it. The Historical Society has no place large enough to place it, and Mr. Davis ad- vised Colonel.Ililes that the painting could not be used in any of the historical houses. The Chairman aksed Colonel Miles today if he wanted to give the painting to the Soctet* or to the town and he re- plied that he wanted to give it to the town.and said that it was appraised at $500. The painting needs to be reframed but that item is not included in the offer. Mr. Jamey suggested that the Chairman advise Colo- nel Miles that the Board will accept the painting and will request the next Annual Town Meeting to appropriate funds to'cover the cost of reframing, and also that it will take time to find a suitable place to hang the pic- ture. Letter was received from the Prom-Manaders Club re- questing permission to place a sign on Depot Square in connection with a Clean-up Week campaign scheduled for June 19th. The Board had no objection. Upon motion of Mr. Reed, seconded by Mr. James, it Cert. of Inc. was voted to aign a certificate of corporation on.be- half of Clement N. Williams, 31.1 Wood Street; satisfactory character reference having been received from the Chief of Police. Sign Letter was received from Mr. Palmer, Town Accoun- tant, advising that there is a deficit of *136.15 in the 19th of April appropriation, and suggesting that the Board request the Appropriation Committee to transfer Transfer this sum from the Reserve Fund. The Chairman was authorized to request the Trustees of Public Trusts to transfer this amount from the Leroy 3, Brown Fund, the income of which was intended to be used to help defray the expense of the 19th of April celebration. ' Mr. Stevens, Town Coune_el, met with the Board at 7:1+0 P.N. Application was received from Wal -Lex Motors, Inc., 915 Waltham Street, for a First Class Agent's license. License The Chairman reported that he went over there the other day and the property has not been cleaned up as 98 promised by Mr. Hardy when he and Mr. Chavez met with the Board some time ago in re a Second -Class Agent's License. Mr. Maloney. said that he thinks the man to con- tact is Mr. Hardy. Mr. James suggested that the•Chairman talk to the applicant before the license is granted. Mr. Reed said that he had no objection to holding up the license but thought that someone should talk to Mr. Hardy and if people are living in a trailer there, as reported, the Building Inspector should in- vestigate. Mr. Stevens referred to Mr. Robert Lyons request for abatement of water betterment assessments -on land located on Wachusett Drive, formerly owned by McIntosh Lyon req. and Marrett Road, formerly owned by Cacciola. for He stated that the Cacciola property was taken by abatement the Commonwealth in 1951. The Assessors asked this of Board to abate the water betterment believing that all assessment the property had been taken. However, it had not all been taken and it was put back on the tax rolls but the water betterment was not added. The betterment had been apportioned over a period of ten years and through an error in the Tax Collector's office the State was not notified of the unpaid bill. Therefore it was not paid. Then it was taken for nonpayme •t of the 1952 real estate tax. In 1953 they put on the tax again and committed one installment of thewater betterment. Mr. Carroll gave Lyon a release. He collected that one installment which made two installments that were collected. The 1951 betterment was not given to Mr. Carroll up to the time he gave a release. It had not been paid and the 1951 tax had not been paid. Mr. Stevens further stated that from now on the Collector is going to assume as soon as the tax bill is overdue--; and she will turn it over to the Treas- urer so it will be added to the tax title account. He said that Mr. Lyon purchased the property with full knowledge of the betterment and the validity is to be determined at the time it was put on. No application for abatement was filed and Mr. Stevens sand that he could see no reason for abating it, and recommended leaving the betterment on. He suggested that the Board advise Mr. Lyon that the subject has been re- viewed and the Selectmen have decided not to abate the water betterment assessment. Mr. Stevens said that he would say the same thing in regard to the water betterment on the Machusett Drive land. Mr. Lyon purchased that in November, 1954 and a 99 betterment was put on in 1951. In 1952 Mr. McIntosh Lyon req. asked to have it deferred and in May, 1952 it was de- for (erred until the land was built upon, sold or the ex- abatement piration of three yarars whichever event occured first. of The land -was sold and it was then recommitted to the assessment Collector to collect. She made a demand but did not receive payment and in kovember that portion was sold to Lyon. He knew the betterment was there and is willing to have the fellow to whom he'has sold Pay a portion of it. He said that Mr. Lyon, being the owner of the land on .January lst, he would think it should not be abated or deferred. Mr. Stevens said that he will advise the Collector to tell this Assessors that it has not been paid and have it added to the 1955 tax bill. At 8:00 P.M. Chairman Hyde and Mr. Skelton, Bur- lington Water Commissioners, and Counsel Morse met with the Board. ' Mr. Morse said that Burlington has a problem on Muller Road with new residents who want water. He said the Town of Burlington is not in a position to install a main a mile or more to give them water. The resi- dents have formed a group and put an article in the Water for Water Distriot Meeting asking permission for the'Town Burlington of Lexington to sell water to the Burlington Mater Die- residents trict. That Bill was filed today.. He said that Rep. Ferguson suggested that Burlington find out, if the Bill is passed, if Lexington would be willing to sell water. The Chairman stated that the Board agreed last year, if the Bill went through the Legislature, to make some arrangements to see that those people re- ceived water from the end of the main on North Street. He said that it would be definitely restricted to the eleten or twelve houses and no further extension of the line would be permitted. He explained that the work in Lexington was to be done under Mr. Burns' supervision and Burlington would be billed. He said that all bills for the water would be sent to the Burlington Water Commissioners and paid by them and they in turn would collect from the residents. He stated that Burlington would be billed direct through a meter at the town line. Mr. Hyde said that they did not understand about the work to be done in Lexington. Mr. Burns explained that it is under 100 feet and Lexington would carry it to tie line and Burlington will take it from there. He stated that Burlington would sup- ply the meter and the pit, and said that he wants it very definitely understood that the extension is to be made for these twelve houses only. He said that the next thing 100 to happen would be the Town of Burlington advising that Lexington would not go any further and then the people would be arguing with Lexington. He said that he does not want any question about this at all and it must be understood that the water main extension just to service this particular group of twelve houses. Mr. Hyde stated that Burlington has an engineer's survey and a figure has been approved'to construct in Burlington, but it does not include any construction in Lexington. The Chairman asked if the engineer figured from the end of the hydrant and Mr. Hyde replied that he probably did as he took the flow test from the'hydrant. Mr. Morse said that the Bill does not mention do- ing any work''in Lexington and Mr. Stevens explained that Burlington would not do the work. Lexington would do all the work at Burlington's expense. Mr. Burns said that:Lexington would bring it to the line and then bill Burlington. Mr. Stevens stated that it will be Lexington's line in Lexington and Burlington will be paying for it. Mr. Morse asked what the Board's position would be in re the M. D. C. Act if the Bill was not passed and Mr. Stevens said that he did not understand that Burlington had an inadequate supply, but it is a situ- ation where Burlington does not want to run the pipe. He explained that the Act was designed to cover cases where towns are short of water. Mr. Morse suggested that the Board write a letter stating that if the State House goes through with this, Lexington will supply water when the time comes. He said that they will have a meeting on June 27th and it would help if he had a letter to read from Lexington. The Chairman said that the Board had no objection and would send a letter to the Board of Water Commis- sionersd Burlington Water District, and a copy to Mr. Ferguson. He said that when the Bill has been passed by the Legislature Mr. Stevens will discuss the sub- ject with Mr. Morse and work out the details. He also said that he thought Lexington whould have a list of the names of persons who will be taking water from this line. • The group and Mr. Stevens retired at 8:35 P.M. The Chairman advised that there are several pieces of tax title property to be viewed and it was agreed to look at the lots on Thursday at four o'clock. 1 1 101 The meeting adjourned at 8040 P.M. A true reoord, Attest: 102 ,SELECTMEN'S MEETING June 13, 1955- A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 13, 1955 at 7:00. P.H. Chair- man Bateman, Messrs. Reed, Gay, James and Maloney were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. The Chairman read a letter from the Lexingjton Trust Company with eeference to the present construe Trust Co. re ' tion and expansion of the building, requesting removal parking of three parking meters, meters Mr. Burns explained that the request involves a change in the Parking Rules and Regulations and ap- proval by the State Department of Public Works. The Chairman gave the communication to Mr. Burns who agreed to discuss the subject with the Chief of Police and advise the Board. He said that at the moment he could see no objection. Letter was received from thn Mystic Valley Gas Gas:.. ain Company requesting permission to locate a six inch steel gas main in Reed Street. Mr. Burns explained that the proposed main is to service Mark Moore's houses. It -will be off the pave- ment and he had no objection. Upon motion duly made and seconded, it was voted to grant the request; installation to meet with Mr. Burns' approval. Notice was received from the Department of Public Utilities re Boston Edison Company's petition for Zoning exemption of land from the Zoning By-law. Mr. Burns stated that this is merely information but perhaps should be referred to Town Counsel. Both the letter and notice were given to Mr. Stevens, Town Counsel. Complaint re: Letter was received from John J. Burtch, et al, Sand & gravel 684 Lowell Street, re sand and gravel operations now operation being carried on by J. J. Sliney, Inc. on land on the easterly side of Lowell Street. The Chairman was authorized to speak to the Building Inspector and also the Chief of Police on the subjeot. oci x 1 An informal discussion was held relative to pro- posed Route 2. Mr. Stevens, Town Counsel, met with the Board at 7:35 P.M. - Mr. Burns reported that he has received bids for 10,000 feet of 3/1j* copper tubing as follows: George A. Caldwell Co. Red Head Manufacturing Co. Hileo Supply Co. John A. MacDonald Co. .38t 6 peer foot .39006 e e .3840 a * Upon motion of Mr. Gabr, seconded by Mr. Reed, it was voted to authorize the Superintendent of Public Works to place'an order with Sohn A. MacDonald Co., the low bidder. Mr. Burns referred to Worthen Road and said it was figured on taking seventy feet and build on the basis of sixty feet. The amount is estimated at $109,000. The drain between Bedford Street and the railroad is $21,760. He said that there is one aspect that has not been discussed. If the road is not acted upon favorably by Town Meeting, the drain should be done end if not, • the town may be in serious trouble with the First National Stores and Mr. Viano. Mr. Stevens stated that the drain could not be done if the road is not voted. The Chairman asked why the town is obligated to do anything about the drainage and Mr. Burne explained that the town dumps water in there and it is part of the town's system. • Mr. Burns retired at 8:30 P.M. A -joint meeting of the Board of Selectmen, Approp- riation Committee and ManningBoard will be bald on Wednesday, June 15th at 7:30 P.M. to. discuss articles in the warrant for the Special Town Meeting on June 20th. Mr. Stevens retired at 10:00 P.M. Letter was received from Edward J. Cronin, Sec- retary of State, advising that the count of 1955 Family Census as made is 22,256 or 30 less than the official sworn statement. A blank enclosed for sig- natures was executed by the Board for return of pop- ulation figures. The Chairman read a letter from Edith B. Cheever, 103 Bids on c oppe r Worthen Road Joint meeting Census 104 Town Meeting Members Assn. 268 Bedford Street advising that the Chairmen and Clerks of the four precincts have made.plana to put into more effective operation the Lexington.Town Meet- ing;Membera Association as adopted in 1936., She re- quested that the Selectmen notify the officers of the General Exeeutive'Committee of any meetings or other information necessary for preparation of discussions by Town Meeting Members. The Chairman, agreed to acknowledge the,communi- cation. The Chairman read a letter from the Board of Atlantie Assessors in re the Atlantic Refining Co. Inc., Lessee Refining Co. Route 128 and advised that the Board has assessed the following: Cary Lraxy Bldg. Comm. High Sohool Bldg. Comm. Sunday Sales license Use of hall Filling Station $ ]i3OQ0 Restaurant 75,000 Land 107,000 Pumps 2,000 Compressor 2 0 s The tax is levied under General -Laws, Chapter 59, Section 3A and 7i which places the tax burden on the leasee of State owned land and buildings. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that the following individuals have been appointed by the Moderator to serve on the Cary Memorial Library Addition Building Committee: Robert M. Coquilette, John M. Belding, Frederick M. Gay, Mildred Marek and W. Russell Rosenberger. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that the Moderator has appointed Mr. W. Mali Chapman to fill the vacancy on the High School Bungling Addition Committee caused by the resignation of Mr. Charles H. Morris. Application for a Sunday Sales license was re- ceived from Charles E. Connolly, d.b.a. Coneord Hill Market, at 2219 Massachusetts Avenue. Satisfactory character reference was received from the Chief of Police. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the license. Application was received from Mr13. H. H. Dawes, on behalf of the Minute -Man Council of Girl Scouts, re- questing permission to use the conference roomm, Cary Memorial Building for meetings on September ]J th, rad 1 November 9th and December 14th from 9:30 A.M. until 11:30 A.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the uses of the conference room free of charge. 105 Use of hall Invitation wasreeeived from the Lexington Post 3007 V.F.W. to attend a joint installation on Saturday, June 18th at 8:15 P.M. P6st Headquarters, Hayes Lane. The Chairman expects to attend and Mr. James said that he would try to be present. The Chairman reported that he met Saturday morn- ing with two or three plumbers who have indicated their Plumbing interest in the position of part-time Plumbing Inspee- Inspector tor for the Town and it is now in order to request the Division of Civil Service to schedule an examination. Further consideration was given to Mark Moore's offer of $500 for lots 1, 2 and 3, Block 92, Essex Tax td,tle Street and $150 for lots 6 and 7, Block 93, Essex property Street. Upon motion of M. Gay, seconded by Mr. Reed, it was voted that a proposal to sell the lots be adver- tised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. Further consideration was giventto Albert C. Wheaton's offer of $600 for six and one-half acres of land off Winter Street. The property was viewed by Tax title the Board and considered by the Planning Board as a property possible future recreation area. The Board was unanimous in the opinion that it would be in the beat interest of the torn not to dis- pose of this particular parcel of land. Further consideration was ven to Mr. Guy W. Spuria's offer of $700 for Lot 86, Farmhurst Section 3, Kendall Road. Tax title Upon motion of Mr. Gay, seconded by Mr. James, property it was voted that a proposal to sell the lot be ad- vertised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. • The Chairman dictated a letter to Mr. Spuria ad- vising that there is a sewer betterment in the amount of $162..21 which would make the total cost $862.21. If he is still interested, to so advise the Board not later than June 22, $955 and a proposal to sell will be advertised in the Lexington Minute -Man after which further consideration will be given the offer by the Board. 106 Further consideration was given to John F. Tax title Cahill'soffer of $500 for lot 39 Summit Avenue. property The Chairman reported that this lot never ac- tually belonged to the town as no tatting was ever made. The Chairman referred to Mr. Donald Irwin's offer to purchase tax title property on Hillside Avenue. He reported that he has requested lir. Irwin to come in with some proposition as to what he intends to do and the Board would then discuss the subject with him. The meeting adjourned at 10:25 P.M. A true record, Attest: erk, ectmen aci or 1 107 SELECTMEN'S MEETING June 20, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, .Town Office Building, on Monday evening, June 20, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. Mr. Stevens, Town Counsel, and the Clerk were also present. . Petition .was received, signed by eleven reaidento of Westwood Road and Mill Brook Road, requesting the Req. for town to accept and maintain the roads. street The ,Chairman was authorized to advise that the acceptance subject will .be considered when 11956 budgets are dis- cussed in October or November. The Chairman read a letter from the Planning Road name Board advising that the name of Worthen Road, for the approved proposed town way from Bedford Street to Massachusetts Avenue, has been approved. The Chairman read a letter from Rev., Earl D. Haywood requesting permission for classes from the Lexington Vacation Church School to sit in. class- groups on the Common for special occasions during the morning from June 20th to July lst. The Board had no objection and permission was. granted. Letter was received from Supt. John Blackhall Invitation Smith inviting the Chairman and members of the Board to attend ground -breaking; ceremonies at the Maple and Lowell Street site on Wednesday, June 22nd at 8:30 A.M. The Chairman and Mr. Maloney will represent the Board. Classes on Common Letter was received from Mrs. Russell Mack, on behalf of the Follen Community Church Evening Alliance, requesting permission to use the Barnes property for a rummage sale on Saturday, September loth. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the request. Upon motion of Mr. Maloney, seconded by Mr. James, Licenses it was voted to grant the following licenses: Woodhaven Country Stores, Inc. 4214 Marrett Road Sunday Sales Lexington Theatre 1794 Mass. Ave. Movies Barnes prop. 108 The Board gave further consideration to Mr. Tax title Mark Moore's offer of $500 for lots 1, 2, 3, Block property 93 Essex Street and $15Q for lots 6 and 7, Block 93 Essex Street. A proposal to sell these lots was ad- vertised in the June 16, 1955 issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. .Maloney, seconded by Mr. James, it was voted to sell and convey lots 1, 2, 3, Block 92 Essex Street and lots:6, 7, Block. 93• Essex Street to Mr. Mark Moore, Jr. for a total of 4650. ($5oo for lots 1, 2, 3 and $150 for lots 6, 7). • Letter was received from Eileen M. Hurley, 31 Tax title Spring Street inquiring about tax title lots #217 which property adjoins her property. She would like to purchase this lot for additional frontage to her property. Letter was received from Lillian E. Cowan, 100 Boylston Street, Boston inquiring about lot 217 and lot 215. Decision was held over on both inquiries until the next meating of the Board. Letter was received from Ralph E. Wesinger, 101 Tax title Reed Street, offering $250 for lots 1, 2, 3, Block 32 property Avon Street.• Decision was held over until the next meeting of the Board. Letter was received from Norman T. May, on be - Tax title half of Richard H. Soule, 217 East Street, Lexington, property offering $200 each for lots 59 and 60 Ivan Street. The Board decided to view the property before making any decision on the offer. By-pass The Chairman referred to by-pass route to the route 1775 House and said he thought the Board should con- eider Pleasant Street as an alternative; the present plan taking about twenty-five houses. He reported that he had requested the Planning Board to submit a recommendation before the end of the week. Worthen The Chairman reported that Seth and Maxner have Road agreed to sell their land to Dr. Foley direct. Dr. Foley asked the Chairman if it•was legal and he told him it was but the Board wanted it the other way. He explained that the members of the Board were not available when he received this information and the Town Counsel was not around. He said he did not know what to do then and he does not know now. He said the Town Meet- ing very definitely signified' Thursday night that the 1 109 members do not want the land to go to anyone but Dr. Foley. He said the assessment was somewhere in the vicinity of $3,000 and there is some question relative to assessing the land if it is transferred to Foley. He said Town Counsel thought it might be assessed if it were put into one parcel and in one name. The Chairman said that if it isn't accepted this way because of the $3,000 there will be no road at this time. He said if it is relayed and re -planned it will mean another Town Mooting and trouble will be encountered with the First National Stores. He said that'he is in favor of having it go through exactly as it is. He said he did not care whether the Town obtained the land or. Dr. Foley obtained it direct, betterments will be collected in any event. Mr. Reed said that there are two small intervening strips which can be purchased as one or not as the`back parcel is under three names. He stated that the land is so small it could not be used for building purposes and therefore would not be bettered. He explained the only way the land can be bettered would be by putting it into one parcel and he feels that these two parcels will stay as they are until after the road is voted. In the mean- time no betterment can be assessed. Mr. Maloney said he thought the Town should own the land. Mr. James said that the article should be postponed and a new layout made with the line along the brook. Ree: said he was interested in a new layout, making certain that it touches Foley's land so that there will be no question about the betterments. He said that he does net object to the present entrance. • The bhairman read a letter from Mr. Carroll, Town Transfer Treasurer, advising that he needs $18 to cover the charge for certification of the recent borrowing of $500,000. - Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $18 from the Reserve Fund to the Treasurer's Ex- penses Account. The meeting adjourned at 7:50 P.M. A true record, Attest: 110 SELECTMEN'S MEETING • June 27, 1955 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 27, 1955 at 5:00 P.N. Chairman Bateman, Mr. Reed, Mr. Burns, Superintendent of Public Works, Mr. Howard, representing Whitman & Howard, the Clerk and sixteen other persons were present. . The meeting was held:for the purpose of opening bids for Sewer, Drain and Water - Contract #1 and for Removing, Refurnishing and Installing Sewage Pumps and Appurtenant Equip- ment - Contract #2. Sealed bids were opened by the Chairman and read by Mr. Howard as follows: SEWER, DRAIN AND WATER TOWN OF LEXINGTON, MASS. CONTRACT NO. 1 E. Susi & Williams Corp. Certified check Total amount of proposal Total amount of proposal with alternate A.. D'Allesandro & Sons Check Total amount of proposal Total amount of proposal with alternate Underground Construction, Inc. Check Total amount of proposal Total amount of proposal with alternate Salah & Peoci, Inc. Check Total amount of proposal Total amount of proposal with alternate C. Jiustino, Inc. Check Total amount of proposal Total amount of proposal with alternate Crognale Construction Co., Inc. Check Total amount of proposal Total amount of proposal with alternate .3,000 i65., 918.50 167,017.50 3,000.00 161,830.00 167,807.50 3,000.00 169,506.25 179,296.25 3,000.00 236,817.50 235,947.50 3,000,00 214,610.00 2168,1415.00 3,000.00 175,365.25 176,328.75 sma 1 1 111 R. A. Buccella & Sons, Inc. Check 3,000.00 Total amount of proposal 202,828.00 Total amount of proposal with alternate 200,936.00 Susi & DeSantis Co., Inc. Check 3,000.00 Total amount of proposal 182,295.00 Total amount of proposal with alternate 182,295.00 Richard White Sons, Inc. Check 3,000.00 Total amount of proposal 183,338.00 Total amount of proposal with alternate 183,055.00 Quintin Veep* Co., Inc. Check .3,000.00 Total amount of proposal 226,331.80 Total amount of proposal with alternate 220,101.20 Checks were returned to the following •bidders: C. Jiustino, Inc., R. A. Buceella & Sons, Inc., Susi & DeSantis Co., Inc., and Quintin Vespa Co., Inc. REMOVING, REFURNISHING AND INSTALLING SEWAGE PUMPS AND APPURTENANT EQUIPMENT, ETC., CONTRACT NO. 2 R. J. Berke & Co. Check 2,000.00 Total proposal 77s518.00 Took exception t o the time. Would be able to complete the entire work in 30 weeks. Ralph P. Hall, Inc. Cheek 2,000.00 Total proposal 65,893.00 Took exception to the•time. The Chairman stated that the bids would be taken under advisement and the meeting adjourned at 5:35 P.M. 112 SELECTMEN'S MEETING June 28, 1955 L regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, June 28, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay, Maloney and Jamba were present. Mr. Burns, Superintendent of Public Works, and the Clerk also present. Mr. Burne referred to the Chapter 90 Hill Street Hill Street .project and reported that only two bids were received; onefor 411,9814 and one for 413,305. The State esti- mated 47637. He explained that he had not heard anything until last week when he received a telephone call and was asked for an opinion. He then asked for a recommenda- tion and was told that it could be combined with John- son Road. He said the only thing he can do is go in and find out if there are any items that can be cut out of the contract which the Town could do. He stabs. that his estimate was 410,000. The State had a figure of 47600 or 44300 difference. He said he could not make up the 414300 but would go along if he can make up 42000. He said if it is combined with Johnson Road it will be late and he would like to be able to state that the .Board wants the work done now. Mr. Reed stated that the Town has the money but the State doesn't. Mr. Burns was authorized to report that the Board of Selectmen definitely wants the work done on Hill Street. Mr. Burns brought up the subject of Wyman Road Wyman Road drainage and stated that in 1953 the Town was com-. drainage bill mitted to Mr. Baskin and at the time the amount was discussed was 49,000. He reported that the bill for the entire job is 49,113.60. Upon emotion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize Mr. Burns to put the bill through for payment, the money having been approp- riated. Supo t. of Public Works Mr. Burns said that he would like to be released of his duties as of September 1st and stated that it has finally reached the stage where something has to be done one way or another. He said he has given the matter considerable thought and for all parties con- cerned oncerned it is better for this to come to pass. He 1 1 113 explained that there are a number of reasons, one the amount of work and'further he would not forget this past Spring for a long time. Mr. Reed asked if he was making, two months the deadline and Mr. Burns replied in the negative. He said he would like, if possible to leave then, but he would not just walk out, He said he would have to have an understanding with the Board whereby he would have a little freedom to come and go. He stated that the various contracts required considerable work and he has worked with Whitman and Howard which makes it possible to get the work out quicker and requires hit to spend time in their office in town. As a result he has heard criticism to the effect that he has been neglecting the Town's business, but that is not so. He baid that he has never slighted the Town in any way. The Chairman stated that the Board knows whether or not he has been honest and decided to back him last Spring. Mr. Burns said that as far as the work the Town now has is concerned,°eWerything will be started be- fore long and will be fairly well along when'he leaves. He said that the order for Worthen Road will not be signed tonight but he will get it going. He'referred to the proposed parking area and said that as soon as the Board decides how the land is to be taken,if it is left to him and he is given authority to do it under separate contracts it will be done for the money available and done quickly. He stated that none of the Town pro- jects will suffer. Mr. Burns retired at 7:35 P.M. Mr. Stevens; Town Counsel, and Mr. Donald Irwin met with the Board. The Chairman stated that when the Board discussed tax title property located on Hillside Avenue, it was decided that it would not be desirable to have a num- Tax title ber of inexpensive houses constructed in the area. He property said that he told Mr. Irwin that inasmuch as he owned a large portion of the land and 'the Town `owned a large portion which he wants to purchase, he should discuss the matter with the Board. Mr. Irwin presented a plan entitled "Compiled Plan of Land in Lexington, Mass., Scale 1"' - hot, May 17, 1955, Miller & Nylander, Civil Engineers". He said he has talked to Mr. Melody who previously indicated interest in_purehasing two of the lots owned by the Town. Mr. Irwin explained that there are 37 tax title lots, 7 owned by him and 11 owned by others. 114 Mr. Reed recalled that the Board is under ob- ligation to someone who wanted to purchase two lots down at the Baker Street end. Mr. Maloney asked if the lots could be put through Land Court as a group or if each individual lot would have to be put through separately. Mr. Stevens replied that it could be done either way and Mr. Irwin said that upon inquiry he was ad- vised that if the lots were contiguous it could be done as a group. However, this is actually two plans and his attorney thought there would be some question about it. Mr. Irwin said he was thinking about taking all the tax title land and getting a land decree on it. He said he made an offer which is just for the lots. However, before any decision is made it must be known what the Board and what he is thinking about. He said the size of the lots would have to be deeided upon for one thing. The Chairman said that the Board does not want any fifty foot lots down there. Mr. James said he thought the lots should con- form in general to the lot si;es now in the area. Mr. Irwin said that most of the houses are built on 40 or 90 foot lots. Mr. Reed asked what he had in mind and Mr. Irwin replied that he would suggest a minimum of 75 feet and he thought the majority would end up larger than that. Mr. Stevens said he could only combine by adding to a whole lot. The Chairman said that it would be absolutely essential to have'a'sewer installed. Mr. Irwiri asked if the Board was thinking about a:completed street with drainage and sewer. He said he received a figure from Rupert Stevens of $22 per foot for everything, plus ledge, for a 21{ foot road. Mr. Irwin asked if the Board was requesting who- ever purchased the land to install the sewer and pave the street or if it is something the Board would like to see done. Mr. Gay replied that he thought the purchaser should be required to do it. Mr. Reed said that if 'the lots are not sold to Mr. Irwin or he does not buy them they will eventually be purchased by individuals and the town will have to do the work. The Chairman said that he could see no difference between this proposed development and a subdivision. Mr. Reed said that Mr. Irwin wants to purchase all the lots and if individuals purchase them subdivision 1 regulations will not be required. The Chairman said that if this area is opened up, and these items are not put in, the Town will have to take cargo of them. Mr. Reed said that the answer to his question then is wha Mr. Irwin wants to offer for the property. .He will _ ve everything the Board wants whereas individuals will n•t. M . Irwin asked if, at the time papers were passed, a requ=st could be made to have the street paved. In that w the private individuals owning land but who do not wa t to do business will have to pay betterments. He sal. he could not see developing the street when he does n•t own 100. M . Stevens said the street could always be con- struct -d under betterments. By doing that, the advan- tage of selling the lots as a group is lost. I. was agreed that Mr. Irwin would find out what he can do with the private owners in determining what they w 11 do about sewer installation and street con- struction. M.. Irwin retired at 8'20 P.M. M,. Robert C. Johnson met with the Board. H= stated that he came to'Lexington in 1913 and decide• to buy the land in back of his property on Wood S'reet and it belonged to Blake. He had a law- yer ch-ek the title and found it was not good. He said h: wanted to build a garage in back of the house but co ld not get title. Mr. Couette thought the taxes -hould be dropped. He was handling the Blake estate Mr. Carroll said that he had not foreclosed. He sai• his lawyer obtained permission from the Blakes to pay =11 the back taxes on the land so he could get a deed =nd before he received the deed he paid all the back to es and interest. He said he had a deed for five lo s in back of his house and three lots on the side. a said he received a tax bill and paid it and the property has been assessed to him ever since. He said that they took these eight lots out of the Blake land and assessed them to him. Two years later he wanted more land and his attorney obtained another deed from Mr. Blake for another parcel of lots, but he was haver assessed for these. He did receive a tax bill but it was for the entire parcel.. He said that he has repeatedly talked with Mr. Carroll and Mr. Cronin, and Mr. Carroll advised that he should not pay the taxes on the entire group and the Assessors should have taken his lots out of the group. Mr. Stevens recommended that Mr. Johnson have his attorney contact him and have no further discussions 115 Tax title property 116 either the Town Clerk or Assessors' office. Mr. Johnson retired at 8:30 P. M. Upon motion of Mr. Gay, seconded by Mr. Reed, Land to Lex. it was voted to sign a deed, prepared by Town Counsel, Geif Club conveying a certain parcel of land, being a portion of the so-called Poor Farm tract, to the Lexington Golf Club for $225 as authorized by vote of the adjour- ned Town Meeting held on March 28, 1955. Worthen Road Upon motion of Mr. Gay, seconded by Mr. Maloney, Order it was voted to adopt an order of taking of Worthen Road, accepted by Town Meeting on June 20, 1955. (Copy of Order in Selectmen's files'1.955 Highways - Worthen Road). Mr. Stevens retired at 9:145 P. M. Letter was received from Guy W. Spuria, 1490 Tax title Waltham Street, advising that he is willing to pay. property $867.62: for Lot 86, Farmhurst, Section 3, Kendall. Road; the amount entertained by the Board of which $162.21 is sewer betterment assessment. Upbn motion of Mr. James, seconded by Mr. Maloney, it was voted to advertise the offer in the Lexington Minute Man, and give further consideration to the offer at the next meeting of the Board. Tax title Mr. Norman Mayts offer of $200 for lots 59 and 60, property Ivan Street, on behalf of Richard H. Soule, was held over. Tax title Further consideration was given to RalphrE. property Wesinger's offer of $250 for lots 1, 2 and 3, Block 32, Avon Street. The Chairman reported that the engineers' plans Show that lot 1 is all in the Route 128 taking. The Chairman was authorized to acquaint Mr. Wesinger with this information and request him to advise the Board if he is still interested in purchasing the lots. Use of hall Application was received from Nancy H. Martin, on behalf of the Lexington Choral Society, requesting permission to use Cary Hall on Sunday, December 11, 1955 from 7:00 P. M. until 11:00 P. M. for a concert. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall free of charge subject to janitors' fees. 1 117 Application was received from Mrs. Catherine D. Use of hall Phillips, on behalf of the Lexington Symmes Hospital Auxiliary, requesting permission to present two children's plays in Cary Hall on the afternoons of February 9, 1956 and March 17, 1956. A letter accompanied the application explaining that the organization plans to present the Philadelphia group of players and there are only two open dates. Therefore, they must know in advance whether or not the hall will be available. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the uses of the hall subject to a charge of 335 for each use. Application was received from Mrs. Nancy H. Martin, on behalf of the Lexington Choral Society, requesting Use of hall permission to conduct a concert in Cary Hall on Sun- day, December llth. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the use of the hall free of charge, subject to a fee of $1.50 per hour for janitor's over- time services. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following licenses: Lance Cooper 118 Burlington Street Gliide Lexington Theatre 1794 Mass. Ave. Sunday Movies Wal -Lex Motors 915 Waltham Street 1st Class Agent Bids were received for a two -door sedan to be used by the Lexington Police Department as follows: Frederic R. Childs - Mainline 6 cylinder Tudor Sedan, turn signals, heater, seat covers, and a 60 amp. generator with a Leece-Neville alternator. Net cost to town $1600 Rowe -Jackson Chevrolet, Inc. - Model 1502 -Series 150-2 door sedan -6 cylinder, directional signals, seat covers, heavy duty generator and regulator, heater and defroster. Net cost to town $1475 Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to accept the low bid of $1475 submitted by Rowe -Jackson Chevrolet, Inc. The meeting adjourned at 10:00 P. M. A true record: Attest. Clerk, S lectm n % Bids on Police cars 118 SELECTMEN'S MEETING July 11, l955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 11, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Gay, Reed, Maloney and James were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Further consideration was given to Mr. Louis Tax title Carota's offer of $100 each for lots lt4jand 115 property Tarbell Avenue.. Mr. Burns reported that the sewer is not available to service these two lots. The Chairman was authorized to ask Mr. Carota what he intends to to do with the lots if the Board decides to dispose of them. . The Chairman read a copy of letter from Planning Route 2 & Board to Mr. Elmer C. Houdlette, State Department of Worthen Rd. Public Works, asking that in connection with studies being'_made of State Route 2, consideration be given to access to the highway in the vicinity of Pleasant Street. Board of Notice was received from the Board of Appeals Appeals advising that a hearing will be held on July 14th hearing upon petition of Charles A. Linehan for permission to remove sand, loam and gravel from his property situated on Westview Street. Pole locations Petition was received from the Boston Edison Company and the New England Telephone Company for mission to locate poles on Barberry Road. Proposed locations having been approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the fol- lowing j/o pole locations.: Barberry Road, westerly side, southerly from a point approximately 10 feet south of Concord Avenue, -- Four poles. Barberry Road, southerly side, westerly from a point approximately 160. feet west of Stonewall Road, -- Eight poles. sal 1 119 Barberry Road, northerly side, westerly from a point approximately 90 feet west of Field Road, Five poles. Barberry Road, southerly side, approximately 615 feet west of Field Road, -- One pole. The Chairman read a letter from the Board of Water Assessors in reference to deferred sewer betterment betterment due assessments on lots 1, 2 and 3 Bedford Street, formerly owned by Neil McIntosh and now owned by William H. and Effie S. Lyon. The Chairman was authorized to advise the Assess- ors that inasmuch as the betterments became due when the property was sold,,the amounts should be committed for payment. Upon motion of Mr. Reed, seconded by Mr. Gay, it Cert. of Inc. was voted to sign Certificate of Incorporation on behalf of Bryant G. Emerson, 14 Tavern Lane, a satis- factory character reference having been received from the Chief of Police. Mr. May's offer of $200 for lots 59 and 60, Ivan Street, on behalf of Richard H. Soule, was held over. Further consideration was given to Mr. Guy W. Tax t itle Spuria's offer of $700 for Lot 86, Farmhurst Section property 3, Kendall Road, plus $162.21 sewer betterment assess- ment. A proposal to sell this lot was advertised in the June 30, 1955 issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a re- sult of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to sell and convey Lot 86, Farmhurst Section 3, Kendall Road, to Guy W. Spuria for $700 plus $162.21 sewer betterment assessment. The Chairman read a letter from Joseph A. Moretti, 3 Rindge Avenue, advising that he will pay the price Tax title of $100 each for lots 187 azid 188 Rindge Avenue and property accept the Board's restriction whereby only one house may be erected on the two lots and he is to install at his expense water to service all the lots he owns on Rindge Avenue. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted that a proposal to sell the lots be ad- vertised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. 120 Use of hall Application was received from the Lexington Firemen's Benefit Association, Inc., for permission to conduct a ball in Cary Memorial Hall on October 11, 1955 from 8:00 P.M. until 1:00 A.M. Upon motion'of Mr. Reed, seconded by Mr. Gay, it was voted to grant the use of the hall subject to a charge of $35 plus $1.50 per hour for janitor's overtime services. Barnes Application was received from Mrs. Herbert Carl property sons on behalf of the Lexington Pre -School P.T.A. for permission to use the Barnes property on September 10, 1955 for a rummage sale. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the request. License Application was received from Warren W. Custance, 502 MainStreet, Acton, for an Auctioneer's License. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the license. Upon motion duly made and seconded, it was voted Abatement to abate an ambulance bill in the amount of $10 char- ged to Emmanuel Coseia. Payment of the bill would be a definite hardship due to the fact that Mr. C©scia has been ill for many months and has incurred numer- ous hospital and doctor's bills. Contract No. 1 Worthen Rd. assessments Mr. Stevens, Town Counsel, met with the Board at 8:15 P.M. Upon motion duly made and seconded, it was voted to accept the bid of A. D'Al.lesandro & Sons for sewer, drain and water Town of Lexington, Contract No. 1 and to sign the contract. All copies of the signed con- tract were taken by Mr. Stevens, Town Counsel. Mr. Stevens stated that he had asked Mr. Burns to prepare figures to assess the full cost on the property owners, Worthen Road, with the idea being, under the agreements the Town has with the owners, that those who furnish land will be given an abatement and the Town will try to collect against Viano and Foley. He said some adjustment should be made on Freeman's lot which has a frontage of 2557 feet, and he recommended pur- chasing the entire lot from Mr. Freeman. Upon motion duly made and seconded, it was unan- imously voted to sign the Order of Taking on Worthen Road; the original to be recorded by Mr. Stevens. 1 121 Upon motion duly made and seconded, it was unan- imously voted to sign the Order of Taking on School Sunday Street. movies The Chairman said that the Board has a question on`the Sunday Movies license, the jurisdiction now be- ing placed with the Town and not the Commissioner of Public Safety. Mr. Stevens suggested that the license be for- warded as usual, together with the fee, and that the Board wait for information 'from the State. Mr. Burns retired at 9:20 P.M. Notice was received from the Outdoor Advertising Authority re application for two large signs to be placed in the vicinity of Howard Johnson's, Route 128, by Donnelly Advertising Co. Mr. Stevens said that the Board cannot control what comes under the Outdoor Advertising Commission. He took the notice and agreed to check further. The Board was unanimously opposed to the proposed signs. The meeting adjourned at 9:35 P.M. A true record, Attest: � rk, Bile c tmen Signs 122 Jurors SELECTMEN'S MEETING July 25, 1955 A. regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 25, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Laurie Johnson, accountant, 5 Cary Avenue and Thomas E. Beals, super- visor, 10 Sutherland Road, were drawn for jury duty. Mr. Carroll retired and Mr. Burns, Superintendent of Public Works., met with the Board. Pole location Petition was received from the Boston Edison Com- pany for pole location on Lowell Street. Proposed location was approved by Mr. Burns. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location: Lowell Street, approximately 5501 north of Maple Street, -- One pole. (One existing pole to be removed.) Petition was received from the New England Tele - Cable location phone & Telegraph Company for permission to maintain underground cable in Bertwell Road. Mr. Burns explained that the original grant in this road was from the people who owned it. Now the road is a public way and this is merely a legal for- mality. or- mality. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following underground cable location: Bertwell Road: From North Hancock Street, northerly approximately 1151 of buried cable. Bertwell Road: From Eaton Road southerly, approximately 381 of buried cable. 1 123 Petition was received from property owners on Rowland Ave. Rowland Avenue requesting figures and necessary forms petition to be signed for construction of the avenue. Mr. Burns was requested to have estimates of costs prepared and the assessment sheets mailed for signatures. Letter was received from Chester C. Duval, 979 Waltham Street requesting re val of a tree from in front of his property whieh,/eated at the entrance of a proposed new driveway location. Upon motion of Mr. Reed, seconded by Mr.. Maloney, it was voted to have the tree, which was badly damaged by the hurricane, removed. Mr. Burns retired at 7:22 P.M. The Chairman read a letter from Burnham Kelly, 6 Stratham Road, suggesting that funds left to the town by the' late J. Willard Hayden be used to develop the reservoir off Marrett Road. The Chairman was authorized to advise Mr. Kelly that the money left to the town under the Hayden will is for recreational purposes and is to be kept under the control of -a private corporation and used by the corporation to construct and maintain a recreation center and that the Selectmen have no 'jurisdiction over the subject. Tree removal Letter was received from the Division of Civil Civil Ser - Service advising that an open competitive examination vice Examina- has been ordered for a Plumbing Inspector and arrange- tion menta will be made to hold the examination at the earliest possible date. Letters of commendation were received from E. L. Cochrane, Vice Admiral, USN (Ret.), on behalf of President Killian of M.I.T. and from the Independent Union of Plant Protection Employees for duty per- formed by the Lexington Police Department during the recent strike at the Lincoln Laboratory. Mr. Stevens, Town Counsel, arrived at the meet- ing and Mr. Burns, Suptt. of Public Works, returned to the meeting at 7:40 P.M. Mr. Burns mentioned Ewell Avenue and Mr. Stevens Ewell Ave. stated that the Town is not liable for any negligence sewer in the plan under which sewers are constructed, but if 124 the plan is right and there is negligence in the way it is built or maintained and damage is caused, the Town is liable. Mr; Stevens said that, assuming the sewer is the property of the town by transfer by DeVries; Mr. burns does not find anything wrong in the construction or maintenance. If, in some way the service connection was blocked, there is no liability on the part of the town for that. Mr. Burns said that there must be something in the servide, and there was an improper connection to the washing machine. Mrs. said it came in from the connec- tion to the washing machine. Mr. Burns said that there is nothing in the main in the street. Mr. Stevens said that he would write and deny liability. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to adopt an Order of Taking for drainage purposes in connection with the DBAllesandro contract as follows: COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss. Town of Lexington cad 1 At a meeting of the Board of Selectmen of the Town of Lexington held on the 25th day of July, 1955, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an ad- journed session thereof duly held on March 28, 1955 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 un- accepted streets or other land as they may determine, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, subject to the assessment of betterments, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to raise and appropriate for such installation and land acquisition the sum of $63,000.", and 125 WHEREAS the Selectmen have determined that it is necessary for the public convenience to construct drains for the purpose of surface and ground water drainage in the parcels of land hereinafter described. NOW, THEREFORE, we the undersigned, being a major- ity of the Board of Selectmen of the said Town of Lex- ington, duly elected, qualified and acting as such, do hereby, under and by virtue of the provisions of Chap- ter 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 the perpetual rights and easements to construct, inspect, repair, renew, re- place, operate, and forever maintain a covered Aufface water and ground water drain or drains with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under the parcels of land situated in said Lexington, hereinafter described and shown on a plan entitled "Plan Showing Proposed Drain Easements, Lexington, Mass.", dated July 15, 1955, Wm. M. Burns, Town Engineer, to be recorded herewith, and bounded and described as follows: PARCEL 1.-- A strip of land having a uniform width of twenty (20) feet and described as follows; Starting at a point on the northerly line of Pearl Street, at a point which is northeasterly and dis- tant twenty-eight (281 feet from this northeasterly corner of Lot 76; thence southwesterly distant three hundred seventy-one (371) feet; more or less, by said northerly line of Pearl Street, by said Lot 76 and by Lots 90 to 97 inclusive; thence more south- westerly distant six hundred five (605) feet, more oto less, by Lots 98 to 1014 inclusive and by the northwesterly line of Bartlett Avenue; thence more southwesterly distant ninety-nine (99) feet, more or less, through land now or formerly of Peter K. and Anna Pappas on a line which is parallel to and twenty (20) feet southerly of an extension of the northerly sideline of Bartlett Avenue, to the center line of Munroe Brook; thence northwesterly distant twenty-seven (27) feet, more'or less, by the center line of said Munroe Brook; thence easterly distant one hundred fifteen (115) feet, more or less, through said land of Pappas on a line which is common with an extension of the northerly sideline of Bartlett Avenue; thence northeasterly distant five hundred ninety-nine 126 (599) feet, more or leas, through said land of Pappas by a line parallel to and distant twenty (20) feet from the northerly lines of said Lots 1014 to 98 inclusive; thence less northeasterly distant three hundred seventy-eight (378) feet, more or less, through said land of Pappas by a line parallel to and distant twenty (20) feet from the northerly lines of said Lots 97 to 90 inclusive, Lot 76 and Pearl Street; and thence southeasterly distant twenty (20) feet, more or less, through said land of Pappas to the point of beginning; all as shown on the aforesaid plan. PARCEL 2.-- A parcel of land consisting of a portion of Pearl Street and described as follows: Starting at a point on the easterly sideline of Pearl Street, which point is southerly and distant ten (10) feet from the northwesterly corner of Lot 614 thence - northerly distant two hundred twenty- nine (229) feet, more or less, by said easterly side line to the northerly line of said Pearl Street; thence westerly distant fifty-five (55) feet, more or leas, by said northerly line to the westerly sideline of said Pearl Street; thence southerly distant two hundred nineteen (219) feet, more or less, by said westerly'sideline to a point on said sideline, which is southerly and distant ten (10) feet from the northeasterly cor- ner of Lot 851 -and thence easterly distant fifty (50) feet, more or less, through said Pearl Street to the point of beginning; all as shown on the aforesaid plan. PARCEL 3.-- A strip of land having a uniform width of twenty (20) feet and described as follows: The center line begins at the point in the easterly sideline of Pearl Street at which the common bound- ary of Lot 64 and Lot 65 intersects said easterly sideline; thence easterly distant two hundred (200) feet, more or less, by the northerly lines of Lots 64 to 55 inclusive and by the southerly lines of Lots 65 and 54 to the point in the westerly sideline of Arcola Street, at which the common boundary of said Lot 5 and Lot 54 intersects said westerly sideline; thence easterly distant fifty (50) feet, more or less, through said Arcola Street to the point in the easterly sideline of said Arcola Street at which the common boundary of Lot 26 and Lot 27 1 1 intersects said easterly sideline; thence easterly distant two hundred (200) feet, more or less, by the northerly lines of Lots 26 to 22 inclusive and of Lot 17 and the southerly lines of Lot 27 and Lot 16 6o the point in the westerly sideline of Lowell Street at which the common boundary of said Lot 17 and Lot 16 intersects said westerly sideline; and extending .for a uniform distance of ten (10) feet southerly and for a uniform distance of ten (10) feet northerly of said center line; all as shown on the aforesaid plan. Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the respective owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the.::rebpeetive owners and their heirs, successors and assigns, all their respective rights in and to the use of their land lying within said above -described -parcels for all lawful purposes not inconsibtent with the use thereof for all of the purposes hereinabove mentioned. The land in Which the aforesaid rights and easements are taken is believed to belong to the following named parties but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Owner Lots as Shown on Aforesaid Plan Parcel 1 Peter K. and Anna Pappas See plan Parcel 2 Joseph A. & Charlotte Goodwin Portion of Pearl Street abutting Lots 76 to 83 inclusive. Portion of Pearl Street abutting northerly part of Lot 85. Margaret C. Canavan John, -M. Cooke Francis H. and Mary I. Lawless 127 Portion of Pearl Street abutting Lots 65 to 75 inclusive. Portion of Pearl Street abutting northerly part of L©tc64. 128 Owner Parcel 3 Francis H. and Mary I. Lawless Walter N. and Dorothy M. Berg Sidney M. Simons Ernest R. and Mary A. Rowland_ John D. Cooke No betterments Lots as Shown on Aforesaid Plan Northerly part of Lots 59 to 614 inclusive. Northerly part of Lots 55 to_58 inclusive and portion of Arcola Street abutting thereon. Northerly part of Lots 25 and . 26 and portion of Arcola Street abutting thereon. Northerly part of Lot 17 and of Lots 22 to 24 inclusive, and southerly part of Lots 16 and 27 and portion of Arcola Street abutting thereon. Southerly part of Lots 54 and 65 and portion of Arcola Street abutting thereon. are to be assessed for this improvement. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington aforesaid this twenty- fifth day of July, 1955. Leon W. Bateman Haskell W. Reed CD cL 1 1 Selectmen of William R. Maloney Lexington 1?9 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mase. July 25, 1955 Then personally appeared the above-named Leon W. Bateman, Haskell W. Reed and William E. Maloney, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and sev- erally acknowledged the foregoing instrument to be their free act and deed. Hazel J. Murray Notary Public My commission expires Nov. 29, 1957 Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign an Order for the installation of a sidewalk in School Street, westerly side from Mas- sachusetts Avenue to Marrett Road as follows: SCHOOL STREET MiddleseX, ss. Town of 'Lexington WH REAS, the Town of Lexington at a Town Meeting duly called and held on June 20, 1955, duly adopted under Article 3 of the Warrant the following vote: "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalk in School Street subject to the assessment upon abutting estates of one-half of the cost, and to appropriate the sum of $5,000 for such construction and to provide for payment thereof by transfer from the Ex- cess and Deficiency Account." NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power and authority us hereto in any way enabling, determine that public convenience requires the establishment of a side- walk along the westerly side of School Street, a public way in said Town, from Massachusetts Avenue to Marrett Road, and it is therefore: 130 ORDERED that a bituminous concrete sidewalk be constructed along the westerly side of School Street from Massachusetts Avenue to Marrett Road and that one half of the cost thereof be assessed upon the abutting estates. Annexed hereto and made a part'hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Land Estim- Court ated Owndr as of Lot Certifi- Assess - January 1, 19 Number cate No. Frontage went Francis & Margaret Jane 80 and 75639 265.00 $265.00 Thompson, Hugh Thompson 81 & Violet M. E. Hoffman Trustees, Lexington 71,72.79 83061 Methodist Church 2914.30 2914.30 Walter J. & Myra F. Scanlon 70 82124 125.28 125.28 Isaac C. & Elaine J. Wilbour 66 82091 209.02 209.02: Robert B. & Phyllis E. Keene 65 631.81 103.15 103.15 Gertrude 0. & Dorothy E. 81798 106.07 106.07 Bianconi Arthur T. & Ann K. Burroughs 20 58358 100.41 100.11 William F. Cushman 19 64052 75.00 75.00 James F. & Alice Dwyer 18 81684 75.00 75.00 George M. & Mary E. Gowen 17 75o42 75.00 75.00 William T. & Ella M. Yelland 16 ?7639 75.00 75.00 Charles A. & Virginia S. 15 71663 75.00 75.00 Golay Joseph L. & Laura J. Anno 14 76910 75.00 75.00 Robert T. Jr. & Ellen G. 13 73161E 75.00 75.00 Platka 1 1 131 Land Estim- Court ated Owner atior , Lot Certifi- Assess - January 1, 1955 Number tate No. Frontage ment Fred N. & Florence E. Hurst 12 76509 75.00 75.00 Cora A., Thomas J. & Raymond 8 75002 75.00 75.00 F. Hale Joseph F. & Madelyn Clark 6 64210 75.00 75.00 Robert E. & Ruth S. Ross 14 69108 75.00 75.00 Bob Innis, Inc. 72, 75667 75.00 75.00 Bob Innis, Inc. 1 75667 112.05 112.05 Witness our hands at Lexington aforesaid this twenty- fifth day of July, 1955. Leon W. Bateman Haskell W. Reed William E. Maloney COMMONWEALTH OF MASSACHUSETTS Majority Board of Selectmen of Lexington Middlesex, ss. Lexington, Mass. • July 25, 1955 Then personally appeared the above mentioned Leon W. Bateman, Haskell W. Reed and William E. Maloney, and sever- ally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Hazel J. Murray Notary Public My Commission expires November 29, 1957 132 Carbert Light The Chairman read two letters from Mr. Donald Mfg. Irwin, Acting Building Inspector, in re applica- tion from the Carvert Manufacturing Company's ap- plication for a building permit to erect a one-story building for a machine shop at 58 Westview Street. Mr. Stevens stated that on the basis of the information available, this would come under the limitations of light manufacturing under the Zoning By-law. He suggested that the Building Inspector obtain more information re fire ratings, complaints by neighbors, etc. The Chairman said he would have the,Building Inspector check with Town Counsel before writing the Carbert Manufacturing Company. Petition signed by Walter E. Murphy, 267 Concord Avenue, and eighteen other persons, was received pro- testing the operation of a dog kennel at 272 Concord Avenue. The Chairman reported that he went over to the kennels and the owner of the property has been there only four weeks and none of the neighbors have ever discussed the subject with him. He intends to build a soundproof air conditioned kennel. Inasmuch as the law relating to the subject re- quires twenty-five signatures before the Board may. arra ;t. range a public hearing, the petition is to be re- turned to Mr. Murphy for additional signatures. The Chairman read a letter from Mr. Edwin Worthen suggesting that the Town Counsel obtain three copies of the will of J. Willard Hayden. Messrs. Stevens and Burns retired at 8:45 P.M. Letter was received from Murray G. Dearborn to - Tax title gether with letter from Ralph Frissore offering $1,000 property for lots 243-258 inclusive, Asbury Street and )400 for lots 579-5814 inclusive, Edna Street, Mr. Frissore has a purchase and sales agreement on land now owned by Robbins andiintends to install water lines on Asbury and Edna Streets for five houses he intends to build on Asbury Street and two on Edna Street. The three members of the Board viewed.this prop- erty and unanimously voted not to dispose of this tax title property until such time as the town votes to appropriate necessary funds to bring the sanitary sewer into this area. Complaint re: Dog kennel 1 133 Fit er consideration was ,given to Mr. Carota's Tax title offer or $100 each for lots 144 and 145 Tarbell Avenue property which he would like to annex to his present property. The Chairman was authorized to advise Mr. Carota that the Board will accept $100 for each lot, but it is to be definitely understood that the deed, will be so drawn that it will include a restriction whereby no building may be erected on these lots. Further consideration was given to Mr. Joseph A. Moretti's offer of $110 each for lots 187 and 188 Tax title Rindge Avenue. A proposal to sell these lots was property advertised in the July 14, 1955 issue of the Lex- ington Minute -Man. No persons contacted the Select- men's Office as a result of the advertisement. Upon motion of Mr. Maloney, seoonded by Mr. Reed, it was voted to sell and convey lots 187 and 188 Rindge Avenue to Mr. Joseph A. Moretti for $100 each; Mr. Moretti to install water at his expense to service all the property he owns on the street. Letter was received from Leland H. Emery, re- signing as a member of the Board of Assessors due to the fact that his private businese)leaves no time for other activities. The Board accepted the resignation effective September 1, 1955. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign Sunday Movies License for the Lexington Theatre. The Chairman read a letter from the Chief of Police reporting an accident which occurred on July 17, 1955 at approximately 11:50 P.M. in which the police crusier was involved. The Chairman was authorized to confer with the Chief re collecting for damage from the owner of the other car involved. Information was received from Mr. Palmer, Town Accountant, re 19th of April Clot mittee expenses over and above the appropriation. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $135.13 from the Reserve Fund to the Patriots' Day Expense Account. The Board felt that the concerns involved should be penalized and have to wait until the Annual Town Meeting in 1956 to be reimbursed for services rendered and goods delivered. Resignation Accident Transfer 134 The meeting adjourned at 9:25 P.M. A true record, Attest: fad 1 1 135 1 SELECTMEN'S MEETING August 8, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 8, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Reed and Maloney were present. Mt. Burns, Superintendent of Public Works, Mr. Mahon, of the Boston Edison Company and the Acting Clerk were also present. ' Hearing was declared open upon petitions of the Pole Boston Edison Company and the New England Telephone locations and Telegraph Company for permission to locate two poles on Massachusetts avenue and two poles on the Cambridge -Concord Highway. No abutters attended the hearing. Mr. Burns approved the locations and upon motion of Mr. Reed, secoMed by Mr. Maloney, it was voted to approve the following i/o pole locations: Massachusetts Avenue, southerly side, westerly from a point approximately 235 feet west of Paul Revere Road, - Two (2) poles. (These are existing poles. No new poles to be set.) Cambridge -Concord Highway, easterly from a point approximately ){55 feet east of Blossom Street, -- Tan (2) poles. Guy wire and anchor on second pole. Mr. Mahon retired at 7:07 P.M. Mr. Burins brought up the question of curbing and Curbing wished to know if the Board wanted any more bituminous curbing around town, specifically on Hancock Street. Mr. Bateman questioned the height of other curbstones and thought there would have to be some leveling done on Hancock Street. Mr. Reed suggested that they also put curbing in front of Bevan's house and the grass plot at Lincoln Street and Marrett Road. It would prevent the trucks from driving over the grass. 136 It was suggested to try it on one side of the street from Dr. Hunt's up to Bevans. It was un- animously agreed to try the curbing and if it were successful to buy our own machine for future curb- ings. Mr. Burns agreed to do Hancock Street and around the triangle at Lincoln Street. Sewer Mr. Burns brought up the subject of the Sewer contract Pumping Station contracts, which he stated Mr. Stevens was bringing in this evening for the Board to sign. On the sewer service money, Mr. Burns stated, that we have some of the twenty-five thbusand dollars Borrowing which we originally had for Massachusetts Avenue. The only thing to do is to use the money we had left rather than go out and borrow any more money. Until we have bids on this other work we could possibly save quite a deal of money in interest charges. Our borrowing the $100,000.00 for sewer laterals would be at a higher"rate than if the borrowing was com- bined to get a lower interest rate. Complaints Complaints Letter was received from t he Board of Health stating that the residents of Harding Road have com- plained regarding garbage collection and have threat- ened to go to the State if their garbage is not col- lected regularly. Mr. Burns stated that he had spoken to Mr. Collins, who said he had put on four trucks. Mr. Maloney was of the opinion they just loaded the trucks and called it a day. Mr. Burns admitted that complaints have fallen down quite a bit. It was the opinion of the Board that they defi- nitely have not been collecting garbage twice a week according to contract. Mr. Bateman suggested that if there were any more complaints on garbage, Mr. Collins would have to meet with the Board to straighten matters out. Letter was received from the Board of Health re- ferring to complaint of flies in the Lincoln Street area coming from the Town Dump. The residents want some action taken to stop the flies from swarming sound, and say that the general overall condition of the dump is a health menace. There was discussion that possibly some of the rubbish brought in from the Airport may contain gar- bage and helped aggravate this condition. It was un- animously voted to ask the Airport to stop dumping at our Town Dump. 1 137 Mr. Bateman read note on complaints by two other residents on Lincoln Street who claim their doors are Complaints so covered with flies from the Town Dump that they d) nl t dare open them. In reply to this Mr. Burns read a report on the dump from Mark Lurvey, Health Sanitarian, given him on July 26th. Mr. Lurvey states that this dump appeared to be in good condition. There seemed to be a considerable amount of flies due to the dumping of garbage with the rubbish, but that the dump was conducted in a safe, sanitary manner. Mr. Maloney asked if there was some solution to spray immediately, possibly D.D.T. to get rid of the flies. kr. Bateman said t hat he would acknowledge the complaints with letters and tell the people we are go- ing to try to omit the dropping of garbage and take care of the fly situation. Upon motion of Mr. Bateman, seconded by Mr. Reed, License it was voted to grant the following license: Lexington Theatre 1794. Mass. Ave. Sunday Movies Mr. Burns said that another thing he would like Plumbing to -discuss was the Plumbing Inspector. Mr. Byrne, Inspector the Acting Plumbing Inspector, went to him and said he had a notice that Civil Service would have to hold an examination and said he is not interested in hold- ing the position and then have to walk out in six months. As of today, he gave his notice for two weeks. The Chairman asked if he would stay if we could get him a permanent appointment:: Mr. Burns suggested that the Chairman speak to Mr. Byrne about a permanent appointment. • Mr. Reed suggested that Mr. Bateman contact Mr. Byrne the following morning to discuss the matter, and Mr. Maloney seconded the suggestion. Mr. Stevens arrived at the meeting at 7:45 P.M. Mr. Stevens presented the Sewer Pumping Station Contracts Contracts which he had prepared and which the Board signed. Upon motion duly made and seconded, it was voted to abate street betterment assessment in the amount of $942.52 levied against a certain strip of land includ- 138 Abatement Parking lot Tax title Abatements Tax title Hearing re: Babson's dogs ing Edison Way and extending from Edison Way to Depot Park, in the name of Daniel J. O'Connell; heirs of Daniel J. O'Connell; Richard W. O'Connell and David F. O'Connell; settlement of land taking claim on the O'Connell property used for municipal parking area. Mr. Reed asked Mr. Stevens how we are making out on the parking lot and Mr. Stevens said he would have that ready for the next meeting. Mr. Stevens asked about the possible new road from Wood Street to Westview Street and Mr. Burns stated that if we want to go into Chapter 90, we could do it but it was not advisable. Mr. Burns stated it might be wiser for the town to see if the land could be acquired and then when the releases were all signed, the Federal Govern- ment might be pursuaded to put the road in at its expense. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was yoted,to sign deed, prepared by Town Counsel, conveying Lots 1, 2 and 3 Block 93 Essex Street and Lots 6 and 7 Block 93 Essex. Street to Mark Moore, Jr., Trustee of Moore Realty Trust. Letter was received from Mrs. Ethel U. Rich, Tax Collector, re abatements of unpaid ambulance bills. The Board agreed not to act upon the list until they had more time to study them. Mr. Stevens left the meeting at 8:15 P.M., at which time Mr. Burns also retired. Letter was received from. Ralph J. Frissore re tax title property on Asbury and Edna Streets. The Board unanimously agreed to go over and look the lots over again before replying to Mr. Fri.ssore's letter. Mr. Stevens returned to the meeting at 8:22 P.M. At 8:35 P.M. hearing was declared open upon petition signed by twenty-five individuals, pro- testing operation of a kennel at 272 Concord Avenue. Miss Babson, owner of the kennel, was present with her attorney, Mr. Jarvis Hunt and there were eleven other individuals present. 1 1.39 Mr. Hunt started the discussion by stating that he represented Miss Babson, who is the owner of the property at 272 Concbrd Avenue and the licensee. Mr. Bateman: As you probably know, the noise from t he dogs in the area has created a great deal of disturbance and perhaps you would like to present your story to the Board. Mr. Hunt: I think perhaps it would save time if I did. Of course, I can appreciate the fact that these people object to the noise of the dogs. We don't think the dogs have been particularly noisy and I am sure Miss Babson wants to be a' good neighbor and wants to do every- thing possible to get along with her neighbors; and if there is any way she can calm the dogs down, she will do so. Just exactly what the complaints are, I don't know. I haven't seen the petition either. Mr. Bateman read the petition aloud. Mr. Hunt: May I ask how many residents have signed the petition? Mr. Bateman: Twenty-five. Mr. Hunt: That is just the right number; and have you checked if they are all residents of that area; all within the area where they can hear the dogs? We do want to be sure that people who object to the noise of the dogs are people who are bothered with them. Mr. Bateman, reading off some of the addresses. "'Have you heard the dogs yourself?" Mr. Hunt: No, I haven't. Mr. Reed: Is this conducted as a business? Mr. hunt: It is only a hobby of hers. Miss Babson: Six or seven of them are registered elsewhere. This is not a business on a large scale and is not intended to be a business at all. Mr. Walter Murphy, 267 Concord Ave.: We live directly acioss the street and we think the noise has certainly been more than anybody can be expected to take. I come home from work at night and can hear them at eight, nine, and ten o'clock at night. I called the Police Department about two or three weeks ago. It was pretty noisy, and I believe the officer will agree with me on that. My wife was quite distracted and practically in tears when she spoke to me on the phone and she called the officers. I don't think anybody should be expected to put up with noise like that. 140 Mr. Walter Mackie, 222 Concord Ave.: I would like to ask a point of information. I am as much concerned with a business in a residentail section as I am with the noise of the dogs. I can frankly say that I have hear the noise of the dogs and I live about nine blocks from the Babson establishment. Is it permissab le under the Town laws to get a license for an establishment such as Mrs. Babsonfs in a'resi- dential area?' Mr. Bateman: Under the laws the Town Clerk has no right to refuse any kennel license. If there is an annoyance it must come before the Board. We are carry- ing this according to law. It goes from here to the, County Commissioners and from there to theCourts. Mr. Mackie: There was no public hearing required before that? - Mr. Reed: No. At this hearing we will take in everything that is said and take the recommendations the County Commissioners give. That is all.. Peter Ronohetti, 193 Blossom St.: I have heard these dogs on several occasions and they have dis- turbed the whole neighborhood. We have an expectant mother in the neighborhood. Why is it Mrs. Babson has a kennel license for ten dogs established as a pure basis of a hobby. If she has sixteen now, she is not going to abide` by her original ten. All our children in this neighborhood are young. We have a two -weeks old child across the street. She has admitted having a license for ten dogs; at present she has sixteen. Who can say she is living up to her license? Peter Somers, 15 Blossom St.: In answer to the question raised by Mr. Hunt originally, we do not hear the dogs. Possibly because we are the farthest from the kennel. The noise has not bothered us. However, I was primarily'concerned when I signed the petition. I was wondering just exactly when does a kennel be- come a business'or commercial establishment. If there are sixteen dogs now at what point does the sale of dogs become a business? If there are that many dogs, itcer- tainly is a business. The Zoning Law does make certain requirements and this should go before the Board of Appeals.' Mrs. Holman, 275 Concord Ave.: I have lived in the Town about fifteen years and always found it so quiet and peaceful; but it has not been quiet and peaceful since the f irst' of July. I live alone and I have not slept any morning after six o'clock since the C 1 1 141 first day the dogs arrived. I am working on a book now which is now on press. My windows have to be closed all day, and I also have to keep them closed at night. It is impossible. There is not only the barking but the continual howling of the dogs. I feel it is a nuisance and a bad thing for the neighborhood. Mrs. Ronchetti: I have three small children to take care of and when I hear those noises all day long it upsets me and makes me so nervous I have to take it out on my children. It is not fair to my children to hear these noises or suffer on account of my being upset over the dogs. George Mahoney, 275 Concord Ave.: I have a new baby three weeks old and I believe we do not have to put up with.that noise wither. Mr. Ronahetti handed notice from Boston newspaper to Mr. Reed which read "Puppies for Sale" giving the Babson's telephone number. Mr. Reed questioned Miss Babson if the advertisemebt was hers and received an affirmative reply. Mr. Bateman: I went down there the day after the 4th of July. At that time she said she had three Poodles grown up, Aix small ones, and a house dog. Miss Babson: Four young puppies under six months. Sometimes they are there but not all the time. They have been there more or leas because I have been trying to get settled and have the place soundproofed. I don't think the doge were there that particular day. Mr. Bateman read the report aloud from t he Dog Officer, dated July 29, 1955. Mr. Hunt: You know in our laws, as the Board knows, anyone can keep up to three dogs without a kennel license and you can keep as many lags as you want to up to three months old, so that if Miss Babson got rid of all the puppies under three months old she would still be within the law. I would suggest that she carry out the plan she has to soundproof the kennels; keep within the limits of the number of dogs that you w ill allow in the kennels and she will try to get rid of the puppies who are causing all the noise. Besides, that we can't say too much. We don't want to cause annoyance.to people. If your Board will at least give her a chance to straighten things out so that the 142 neighbors will be satisfied and she can keep those dogs from being a nuisance. I am sure the situation will be cleared up. Mr. Maloney: Mr. Hunt, you couldn't keep one dog if it created a nuisance. Mr. Murphy: I claim that these dogssare a nuisance. Mr. Hunt: You know if any of the neighbors dontend these dogs are a nuisance they will have to go to court. Mr. Bateman: We would like to straighten this out without going to court. We have to look out for the health and peace of mind of the people in our town. Mr. Hunt: I went down there the other night and there wasn't any noise. Mr. Bateman: I went by there one day. There wasn't anyone home and the dogs were creating a nuisance. Mr. Reed: Work it out and see what arrangements can be made. If Miss Babson will co-operate, I am sure the matter can be straightened out. Miss Babson: I am soundproofing the kennels; they haven't given me time to straighten things out. Petitioner: Can you appreciate putting a dog away from the light and air and locking him in a soundproof roomt Petitioner: You go by there now. You see all these signs "'Keep Away, Dogs", and other notices. If she can prove our children will not be distrubed, then Miss Babson could pacify me. But I can't see locking up the dogs in a room. Petitioner:, Why was the place offered for sale if all this was going to be done? Mr. Bateman: I don't know. That is something we are not concerned with now. The matter of commeroiil activity on the premises is beyond the jurisdiction of this Board( The hearing adjourned at 9:00 P.M. After discussion it was voted to ask the County Commissioner to revoke the license. Letterywas presented from Ernest J. Crerie, Chair- man of the Recreation -Committee re facilities for family swimming in Lexington. It was decided to hold this over for the next meeting of the Board. The meeting adjourned at 9:15 P.M. A true record, Attest: Acting Clerk 1 BID OPENING August 15, 1955 On Monday, August 15, 1955, Mr. Burns, Superin- tendent of Public Works, Mr. Howard, representing Whitman & Howard, Engineers, and the Clerk to the Board of Selectmen met in the Selectmen's Room at 5:00 P.M. for the purpose of receiving sealed bids for Street and Drain Work, Contract No. 3. Only one bid was submitted and that was from George Brox,'Inc. in the amount of $91,376.25, to- gether with a certified check in the amount of $2,000. "The meeting adjourned at 5:12 P.M. A_truerecord, Attest: 1 143 144 SELECTMEN'S MEETING August 2a, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 22, 1955 at 7:00 P.M. Chtir- man Bateman, Messrs. Gay and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of three jurors. The following individuals were drawn for jury duty: Henry T. James; machinist, 28 Vallle Avenue Robert A. Speer, 36 Ward Street and Albert J. Hill, 41 Woodcliffe Road. Mr. Carroll retired and Mr. Burns, Sup't. of Public Works, met with the Board. Pole Hearing was declared open upon petition of the locations Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate three poles in Oak Terrace. Mr. Burns,explained that the request is being made to service new homes under construction. No pelsons appeared in favor or in opposition. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request and sign the order for the following j/o pole locations: Oak Terrace, easterly from a point approximately 20 feet east of Oak Street, Three poles. Petition was received from the Boston Edison Pole Company and the New England Telephone & Telegraph location Company for permission to locate one j/o pole on Wyman Road. Proposed location was approved by Mr. Burns. Upon motioh of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request and sign the order for the following j/o pole location: Wingate Road sewer Wyman Road, easterly side, approxi- mately 30 feet north of Williams Road. The Chairman read a letter from the Board of Health recommending the extension of the town sewer to include Wingate Road. 1 Mr. Burns explained that this road is parallel to- Hill Street and there are houses being constructed there now. He explained that there are no funds avail- able for the extension and he -would not recommend putting a sewer in a new street when there are so many other streets in town that do not have sewers. The Chairman was authorized to advise the Board of Health that there are no funds available and furthermore the Selectmen would be reluctant to install a sewer in a new area when there are so many people who have been liv- ing on other streets for years that do not have town sewers. Petition was received from Edwin J. Donovan, 37 Grapevine Avenue, signed by twenty property owners requesting construction and acceptance of Grapevine Avenue. - Mr. Burns was requested to have an estimate of cOst prepared and mailed out for the property owners tb sign indicating that they desire to have the street acdepted and are willing to pay betterments. Letter was received from the Boston Edison Com- Boston pany advising that a recent survey indicates that it Edison would be advantageous to the town to camge the exist- ing A-ind rate to a D-ff rate. A saving of approximately $167 per year would result. Mr. Burns said that it would be worth trying and if the D-2 rate did not prove satisfactory, the town could always go back on A-ind rateb The Chairman was authorized tb sign forms enclosed with the letter and return them to the Boston Edison Company. 145 Grapevine Avenue Letter was received from the State Department of Public Works advising that the Chapter 90 assignment of funds made on May 3, 1955 for Hill Street and Winchester Drive (State $20,000, town and county each $10,000) has been revised to read as follows: State Town County Hill Street 4,500 2,250 2,250 Winchester Drive 15,500 7,750 7,750 Consideration was -given to the bid received from George Brox, Inc. for Street and Drain work, Contract No. 3, opened August 15, 1955. Mr. Gay asked if the Board should consider a bid when only one has been received even though five con- tractors took out specifications. Chapter 90 Bid for Contract No. 3 146 Mr. Burns stated that the first time street bids were received, the one bid was discarded and at that time Brox came in on someone's invitation. At that time there were two bidders and the situation has not recurred since. This bid is just under $13 a foot which is less than the bids the town has been getting. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to accept the bid of $91,376.25 sub- mitted by George Brox, Inc. for Street and Drain Work, Town of Lexington, Contract No. 3 (1955). Letter was received from the Board of Assessors Thayer's re deferred sewer betterment assessments on three deferred lots located. on Bedford Street owned by Carl A. and eseessments Marie J. Thayer. The property has been sold and Messrs. Frissore and Soule have built houses on these three lots. The Chairman was authorized to instruct. the Assessors to commit the deferred accounts to the *e- lector 1lector for payment; the betterments deferred under Chapter 159 of the Acts of 1950 now becoming due the land having been sold. Copy of Chapter 511 of the Acts of 1955 was re - Burlington ceived from Town Counsel. This Act authorizes the Water Act Town of Lexington to sell water to the Burlington Water District, and authorizes the District to pur- chase water from Lexington. Mr. Stevens explained that no action is neces- sary by the Board. It is up to the Town of Burlington to act. Letter was received from Alfred P. Tropeano, Borrowing for Chairman of the Maple Street School Building Comittee, Harrington requesting the issue of bonds for the Town to borrow School money to construct the school. Letter was also received from George P. Wadsworth, Chairman of the School Committee, requesting the Board to direct the Town Treasurer to purchase bonds for the construction of the Harrington School. By vote of Town Meeting a borrowing of $700,000 was authorized and the Chairman agreed to contact Mr. Carroll immediately. Letter was received from the Planning Board recom- Parking Area mending that a copy of John F. Murphy's appraisal, made appraisal in connection with the proposed parking area, be re- tained by the Selectmen, one copy to the Planning.Board and one copy to the Board of Assessors. The,Board had no objection. (The Assessors and the Planning Board have a copy and Mr.,Maloney has the Selectmen's copy.) 1 1 ■ An Order was received from the County Commissioners affirming the recommendation of the Selectmen and order- ing the revocation of kennel license 847 issued to Miss Harriet W. Babson, 272 Concord Avenue. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to sign a Sunday Movie License for the Lexington Theatre. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to adopt an Order of Taking on Bridge Street. Mr. Stevens reported that he has signed agree- ments, in re off-street parking area, from George Smith, Lexington Savings Bank, Manhattan Builders and Mahoney & Mattheson. The Chairman was authorized to request the Town Treasurer to obtain bid's on the $50,000 borrowing authorized under Article 6 acted upon at the Special Town Meeting held on June 20, 1955, for the acquisition of land for the off-street parking area. At 8:25 P. M. Mrs. Walter Rose and Mr. Frederick Bryson met with the Board to discuss the death of William Spicer, Mrs. nose's nephew. The discussion was more or less as follows: Chairman: Rose: This meeting is called at your request. I think that it was too'bad all the way around when Mr. Bryson had seen Bill that morning at the foot of the steps in my garage. Bill slept upstairs in the garage. He saw Bill at 9:00 o'clock and can tell you what shape he was in. I heard the police car drive in. I saw it come in the driveway next door and stay there. I heard a man say hello t� Bill, how are you. I thought they were hunting for someone. Mr. Bryson called me at ten to see if the police had stopped to see how t hings were as he told them. They never came to me, just backed out and went next door. I went out and there was blood all over his face and his head was turned to one side. I tried to get the doctor and couldn't and then called the Fire Department. They called Dr. Pious and he said to get the ambulance and send him in to the Massachusetts General which I did. One of the things to me which'was terrible. They saw the man lying 147 Babson Kennel license revoked License Bridge St. Order of Taking Borrowing 148 Chairman: Bryson: Chairman: Bryson: Chairman: there with blood on his face, one arm tucked under him and when they put him in the ambu- lance you had to pick his legs up like sticks. Anyone would know there was something}bee matteb. I asked Meadows, the police in charge, the next day if he was the one talk- ing to Bill, why didhlt you come and tell me. All he had to do was backout the driveway. He said if I was going to^take that tone of voice, he was not going to talk to me. I said you don't have to I will talk to the Chief. The Chief feels something happened between the time Mr. Bryson saw him because when his men saw him he was all right. Don't they take first aid? Was blood coming out of his mouth when you saw him? No blood was coming-out of his mouth. there was some on his arm. Did you put the coat under his head? That is right. I went into the garage that morning and heard someone say, Is that you Fred?' I went back around the car and he was laying on the floor with his legs under him table fashion.and he -asked me to straighten his legs out. I thought the circulation had stopped. I straightened his legs but they did not straighten out. They stayed in a prone position. I did not think too much about it. I did ask what he had been doing and he said, Oh, I got a good one this time. I asked if he wanted me to go to Mrs. Rose and he said no. Going down Bedford Street I started t8 think and thought that it was not natural the way his legs were. I thought he had been drinking but he was talking too co- herent. Then I told`the first police officer that I met and at the corner of Pleasant Street I told the story to the police officer. He asked if Mrs. Rose would object and I said no. He then said he would put it over the police car. I watched him place the call and he said a couple of fellows would go up to see him. Vthen I got to the office I called Mrs. Rose. She said'she was wondering what the police were doing but they never came to her house but went next door. There was an hour's lapse between the time I left my of- fice and when I called her. Where did Bill sleep? Ma t Rose: Chairman: Rose: Bryson: Rose; Chairman: Rose: Chairman: Rose:. Chairman: Rose: Chairman: - Rose: Chairman: Gay: Bryson: Chairman: Upstairs in the garage. How did he get up there? A stairway., I doubt if he fell off the stairs because no man would fall off and place his legs table fashion. He was not drunk then. I said, Bill.I think you had a shock and he said, so do I. The police said when they spoke to him he talked very clearly and said he was resting and was going out in the garden and told the police to go along. The police did not want to bother you. You called them several times and this time there was nothing wrong. Apparently something happened between the time the police saw him and Mr. Bryson saw him. You are trying to say that he came to enough between ,the time Mrs. Rose saw him to fall and break his neck. What do you want us to do? I think the police should know something about their duties. I have had the police a number of times when Bill had been drinking. The police are very well trained in first aid. Well, why don't they practice it? The doctor did not know what was the matter. He had to have an x-ray. I know.you will take their part. Something should be done about the Police Department. Mr. Bryson said at first there was no blood on his mouth, but he did have it on his arm and you said he straightened him out. The police found him with his arms on his chest. We will take this up with the Police Chief and the two men involved. I would say that the police did what they thought was the right thing to do for Bill Spicer. They assumed that something was wrong and perhaps he was sleeping off the effects of wine. We have your story now which we did not have before. We can now discuss it further with the police and then contact you. My curiousity had been arisen enough to call a police officer to ask him to check and they walked in and did not try to move hien, but just looked at him. In the first place I don't see why you did not stop at the Police Station in a hurry and the second thing is it makes a lot of difference who the person is. They knew Bill very well and did not want to get him in any trouble. You must have thought alcohol was involved. 149 150 Colesworthy resignation from School Committee Bryson: To a certain extent, but those legs bothered me. Chairman: The only thing we can do is to take it up with the Pol:ce'Departmeht.again. I can't under- stand any discourtesy and this is the first mention of discourtesy on his part that I know of. We will check it further this week. Rose and Mr. Bryson retired at 8:140 P.M. Mrs. The following members of the School Committee met with the Board: Chairman Wadsworth, Mrs. Marek, Messrs. . Cromwell and Chapman. Mr. Wadsworth said that he had with him a copy of a letter of resignation received from George Colesworthy. He stated that he believed the School Committee was to inform the. Selectmen of the fact that he has resigned and then the Selectmen and the remaining members of the School Committee appoint a member by ballot. The Chairman explained that the Board of Selectmen will not have a meeting at which all members will be pres- ent until the 12th of September. Mr. Wadsworth said that it•would not make too much difference, but the School Committee does not want to give the appearance of stalling. An informal discussion was held on the subject and it was the concensus of opinion that possibly someone who had shown interest enough to run for the office, but had not been elected, might be considered. The Chairman said that the Board of Selectmen would discuss the subject on September 6th, the next meeting, and then meet with the School Committee on the 12th. Mr. Maloney said that it vo uld not necessarily have to be a. Monday night meeting and it was left that Mr. Wadsworth would contact the Chairman some time after Sep- tember 6th and arrange for a meeting of the two groups. The meeting adjourned at 9:25 P.M. A true record, Attest: cn 1 1 SELECTMENtS MEETING • September 6, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Tuesday evening,_ September 6, 1955 at 7:00 P.M. Chairman Bate- man, Messrs. Gay, Reed, James and Maloney were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Mr. Burns said that he would like to pay vacation money, to which the late George Harrington was entitled this year, to Mrs,. Harrington. He stated that he had been in the employ of the Town for thirty-one years and he felt his widow could use the money. The Board had no objection. 151 Vacation pay to widow Mr. Burns reported that the trees on Pleasant Bid for Street are in very bad condition, but due to work on work on the Dutch elm, both public and private, it is im- trees possible to do anything and he will have to have out- side help. A bid was received from Mead to do the en- tire job for $1150. The only other bid was from Bryan and it was up around $2300. Mr. Burns explained that he has funds available and the work would be started right away. Upon motion duly made and seconded, it was voted to authorize Mr. Burns to accept the bid of $1150 sub- mitted by Mead. Upon motion of Mr. Reed, seconded by Mr. Gay, it Chap. 90 was voted to sign Memorandum of Agreement for Chapter 90 maintenance, Spring Street. Letter was received from James J. Flynn, 8 West- Rdequ. for wood Road requesting the Town to plait trees and place trees & traffic signs on the road. The Chairman was authorized signs to advise Mr. Flynn that the Town cannot grant either request because the road is a privgAg way. However, the people may erect signs themselves/if they so desire the Board will consider an application to have the road accepted at the next Annual Town Meeting, provided all legal requirements have been fulfilled. The Chairman read a letter from Alfred P. Tropeano, Complaint attorney for Dominic Iovino, re holes in Winter Street which he claimed are the result of'condition existing 152 Complaint due to the installation of a water main. Mr. Burns reported that .the condition has been corrected and he has so advised Mr. Tropeano. Mr. Gay presented a letter from George D. Smith, 12 Locust Avenue, stating that during rain storms the Locust Ave. water settles at numbers 11 and 12, creating a dangerous drainage condition. Mr. Smith complained that cars coming down the hill cut through the water and cause it to toll over the sidewalk, lawn and front steps, bringing .in dirt and mud. Mr. Burns explained that the water cannot be elimi- nated from Locust Avenue unless the street is raised three or four feet. He recalled that he has had this particular item in his budget for the past five or six years but it has never been approved. The complete solu- tion is a drain down to Massachusetts Avenue to pick up the drain at Joseph Road. He said that he is presently working on a temporary solution by getting permission from Mr. Earl to go through his land with a pipe. Mr. Stevens, Town Counsel, arrived at the meeting at 7:30 P.M. Borrowing Hearing Letter was received from Mr. Carroll, Town Treasurer, dated August 30th, advising that it would not be possible to go through with the loan for the parking area due to the fact that the attorneys have requested more information. The Chairman reported that he discussed the sub- ject with Mr. Carroll on September lst.and was informed that the borrowing would be made, but that it should be for $70,000. Upon. motion of Mr. Reed, secorrled by Mr. Gay, it was voted to rescind the vote adopted on August 29, 1955 requesting the Town,Treasurer to obtain bids on borrowing $50,000 for the acquisition of land for the off-street parking area. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to request the Town Treasurer to obtain bids on borrowing of $70,000 for the acquisition of land for the off-street•parking area. Notice was received from the City of Waltham re hearing to be held September Ili, 1955 at 8:00 P.M.* Council Chamber, City Hall, on petition for proposed change of zone from Residence A-3 District to Limited Commercial District of a certain parcel of land in the area northerly of the Waltham -Lexington boundary line. No action was taken. 1 Letter was received from Mrs. Florence R. Russell, 7 Oak Street, complaining about junk and burning on property owned by Arthur Fields and located at the corner of Massachusetts Avenue and Oak Street. The 'Chairman read a report from the Building In- spector describing conditions as he found them on September 2nd. He wrote both Mr. Fields and Mr. Neadowss notifying them of the complaint and inform- ing them that a junk yard as such is not permitted in the Town and that the materials in the yard, ap- parently junk, will have t6:.be removed. The Chairman said that he would go down to the property with' Mr. Irwin to check within a week, but Town Counsel advised that this is a problem for the Building Inspector to follow up. Upon motion duly made and seconded, it was voted to sign contracts, prepared by Town Counsel, between the Town of Lexington and Whitman & Howard, Inc. for engineering services in relation to construction of Worthen Road; the rate 10% of the total cost of con- struction. 153 Complaint Eng. Con. signed Mr. Stevens referred to the -off-street parking area and reported that he has signed agreements with all the property owners involved in the reduced area approved by Town Meeting,.with the exception of MacKay. He stated that there has been a delay because the borrowing has not been approved by bond counsel. Mr. Stevens has talked to Mr. Carroll, Town Treasurer, and bond counsel and believes it will be approved this week. However, no Order of Taking should be adopted until the letter is delivered to the bank. At 8:15 P.M. Mr. Joseph Napoli, 39 Wood Street, met with the Board. He said that he would like to state a grievance and call the Board's attention to a situation he thinks is very dangerous. About one month ago Mr. Napoli com- McLaughlin went to the Board of Appeals and obtained plaint re permission to build a house across the street. Mr. McLaughlin Napoli did not object at the time but when Mr. McLaughlin dug the cellar hole he°took the fill and placed it on the sidewalk, the town way. He has crowned it in an attempt to create a front yard where he had no front yard.. Now there is no place to put the snow and the children are trapped with no place to go from the traffic. He reported that Mr. McLaughlin buried the hydrant for three days and Mr. Napoli uncovered it 154 himself. He spoke to Mr. McLaughlin and asked him to move it and he said he would when he got ready. Mr. Napoli said that he has been upstairs but as yet no -action -has been taken. Mr. Gay asked if there is a sidewalk there and Mr. Napoli replied in the affirmative. The Chairman asked if Mr. McLaughlin was making a permanent grading and Mr. Napoli replied that he could not get an answer from Mr. McLaughlin, but equipment is gone. He said that even if the situation is only temporary and he requires the fill, which he doubts, he should put it some place else. He said he was requesting the Board to withdraw Mr. McLaughlin's building permit until such time as he removes the fill. The Chairman said that the Board would take action within twenty-four hours. Mr. Napoli retired at 8:25 P.M. and the Chairman said that he would discuss the subject with the.Build- ing Inspector. The Chairman read a letter from the Division of Plumbing Civil Service asking the Board to disregard,letter of Inspector August 19, 1955 and giving authority for the additional employment of John J. Byrne, Jr., as Plumbing,Inspector, part-time in Lexington, inasmuch as he is a permanent part-time Plumbing Inspector in Winchester. The open competitive examination for Plumbing Inspector has been cancelled. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to appoint John J. Byrne, Jr. permanent part-time Plumbing Inspector at a salary of $60 per week. Certificate of Incorporation was received from the Secretary of the Commonwealth, on behalf of Eliot Cert. of W. Eames, 115 Burlington Street, Arthur G. Mitchell, Inc. 54 Ledgelawn Avenue, Richard E. Rec1ard, 93 Adams Street, Charles W. Campbell, 44 Greenwood Street, K. Paul Yphantis, 45 Ledgelawn Avenue, Claude A. Cole, 47 Ledgelawn Avenue, Nathan C. Hubley, Jr., 25 Ledge - lawn Avenue and Burton C. Mitchell, 3j Bernard Street; said corporation.to be under the name of North Lexington Baptist Church, Inc. Satisfactory character references having been re- ceived from the Chief of Police, Mr. Gay moved that the application be signed. Mr. Reed seconded the motion, and it was so voted. Transfer Letter was received from the Board of Public Wel- fare requesting approval of an expenditure in the amount of $105 from a Trust Fund to pay for hospitali- zation of John W. Walsh, 149 Bedford Street. Mr. Walsh C"" 1 1 155 receives a small pension but has no funds in reserve Transfer to pay for hospitalization. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to request the Trustees of Public Trusts to approve a transfer of $105 from one of the Trust Funds. Further consideration was given to Mr. Louis Carota+s offer of $100 each for lots 11414 and 145 Tarbell Avenue, Lexington. A proposal to sell these lots was Tax title advertised in the September 1, 1955 issue of the Lex- property ington Minute -Man. No persons contacted the Selectments Office as a result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sell and convey lots 1)414 and 145 Tarbell Avenue to Louis Carota for $100 each, the deed to be drawn to include a restriction that no building may be erected on either lot separately or combined. Letter was received from Ralph J. Frissore,,16 Webb Street, Lexington offering $5,000 for lots 243-2148 in- Tax title elusive, Adhury'-Street and lots,5' 9-58%'-inciusite,,_Edha-.- property Streets Mrl. Frissore stated._ in hiss:letter:that.: he ;would install necessary ,waterlines on..bothstreats :for .the homea,to be..constructed..•and,further that he will not build on these lots until such time as sanitary sewer is available for connection. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to advertise a proposal to sell these lots in the Lexington Minute -Man and that further considera- tion be given the offer at another meeting of the Board. Letter was received from Joseph F..Fitzgerald, Tam title 32 Hillcrest Avenue, offering $200 for lots 187-190 property inclusive on Hillcrest Avenue., The Board will view the property before making any decision on the offer. Further consideration was given to Francis Keefe's letter requesting abatement of street better- ment assessment int:tihe amouht of $231.20 levied against property owned by Its. Mary M. Simons and being Lots 25 and 26 Bartlett Avennie. The Bo}rd felt that at some future date the owner could possibly purchase a parcel of land adjacent to her property which would make a building lot and once the assessment is abated, the town could not collect. The Chairman was authorized to advise Mr. Keefe that if his client would like to have the time for payment deferred, without interest, until the land or any part thereof is built, sold or until the expiration 156 of three years from the date of such deferment, which- ever event occurs first, the Board will consider the subject further. Further consideration was given to letter re- ceived from the Collector of Taxes in re list of Ambulance ambulance charges. bills The Chairman reported that Mr. Collins, Welfare Agent, had gone over the list and indicated those that, in his opinion, are uncollectible. He was authorized by the Boardtto contact the Tax Collector and instruct her to turn the other accounts over to the Deputy Collector. Application was received from the Lexington Post, #3007 V.F.W. requesting permission to conduct a dance in Cary Hall on September lj}th from 8:00 P.M. until midnight. No admission will be charged as this is an activity for the soldiers stationed at Bedford Air Base. • Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall free of charge, subject to a fee of $1.50 per hour for janitor's over- time services. Use of hall Use of hall Resignation Generator Application was received from the Stanley Hill Post, American Legion, for permission to conduct In- stallation Services in Cary Hall on Saturday, Septem- ber 17th from 7:00 P.M. until 10:00 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the use of the hall free of charge, subject to a fee of $1.50 per hour for ,janitor's over- time services.• Upon motion of Mr. .Reed, seconded by Mr. Gay, it was voted to sign the Lexington Theatre Sunday Movie License. The Chairman read a letter from John M. Biggs, addressed to Mr. Charles E. Ferguson, Moderator, ad- vising that the • pressure of business and professional activities make it impossible for him to continue as a member of the Appropriation Committee and he was therefore resigning, effective immediately. The Chairman read a letter from the Board of Fire Commissioners advising that the following quotations had been received for an auxiliary generator for the Central Fire Station: 1 Gorham Fire Equipment Co. J. H. Westerbeke Corp. Fairbanks -Morse Alan Painter, $1,720 less 20% $2,175 1,965 1,580 1,376 157 Generator Upon motion of Mr. Maloney seconded by Mr. James, it was votbd to accept the low bid $1,376 submitted by Alan Painter. Upon motion of Mr. Maloney, seconded by Mr. Reed, Election it was voted to appoint the following election officers officers for terms expiring SeRteCberT1,N1 56: Charles J. Dailey Warden 28 Bow Street John D. Barry 22 Bow Street Joseph P. Waddleton 15 Norton Road Marie Mahoney 19 Byron Avenue George E. Foster 10 Plginfield Street Gaetano Buttaro 837 Massachusetts Avenue Ilda J. Field 20 Chase Avenue Catherine B. Fisher 3 Plainfield Street Mary A. Rowland 1148 Lowell Street Rose I. McLaughlin 88 Oak Street George F. Stygles 65 Oak Street George D. Smith 12 Locust Avenue Helga M. Carlson 82 Fottler Avenue Deputy Warden Inspector Deputy Ipapector Inspector Deputy Inspector Clerk Deputy Clerk Teller Teller ' Teller Teller Teller 158 Mary E. Clifford - 54 Chase Avenue Gwendoline Johnson 42 Baker Avenue Annie H. McDonnell 7 Curve Street PRECINCT TWO William W. Ferguson 6 Belfry Terrace Ralph I. Dale 1610 Massachusetts Avenue Randall W. Richards 67 Farmcrest Avenue Merrill Y. Papen 9 Hilltop Avenue Louise Ahern 15 ¥ukey Street Margaret Bailous 332 Concord Avenue Edward McGrory )16 Parker Street Mary G. Oliver 610 Waltham Street Elizabeth F. Downey 4 Farmcrest Avenue Henry P. Meade 1505 Massachusetts Avenue Mary S. H. Ellis 188 Waltham Street Beatrice F. Morse 1 Vine Brook Road Dorothy K. Parker 9 Forest Street Teller Teller Teller Warden Inspector Inspector Deputy Inspector Clerk Deputy Clerk Teller Teller Teller Teller Teller Teller Teller 1 Eleanor T. Husted Teller 36 Kendall Road PRECINCT THREE Emma Zitso 65 Williams Road James T. McGann 11 Utica Street Ella G. Callahan 311 Bedford Street Margaret E. Collins 160 Woburn Street Rosalie MacDonald 8 Sheridan Street Jean E. Baker 38 Fletcher Avenue Edna D Anderson 21 Leonard Road Milton F. Hodgdon 36 Hayes Avenue Julia Vaughan 5 Cottage Street Muriel S. Williams 9 Sheridan Street Clarence E. Delp 18 Dexter Road Ethel M. Koester 16 Gleason Road Dorothy 61. Parks 10 Fletcher Avenue Elizabeth Fardy 140 Preston Road Joseph 0. Rooney 51 Grant Street Florence M. Bruce 126 North Street Warden Deputy Warden Inspector Deputy Inspector Inspector Deputy Inspector Clerk Deputy Clerk Teller Teller Teller Teller Teller Teller Teller Teller p9 160 PRECINCT FOUR Lester L. Andrews 1 Hill Street Margaret H. Cook 11 Wachusett Drive Helen M. Smith 170 Wood Street Mary E. Gowen 73 School Street Helen M. Kirk 2142 Massachusetts Ave. Mary J. Ferry 50 Downing Road Carroll J. Ryan 10 Bedford Street Michael J. McDonough 1993 Massachusetts Avenue Mary A. Spellman 2h} Shirley Street Caroline F. Deloury 99 Spring Street Sally S. Hooper 282 Bedford Street Eleanor M. Cosgrove 307 Wood Street Mary A. Hallett 2270 Massachusetts Avenue Ingrid M. Newhall 314 Eaton Road Agnes Hall 7 Lake Street Warden Deputy Warden Inspector Deputy Inspector Inspector Clerk Deputy Clerk Teller Teller Teller Teller Teller Teller Teller Teller 1 1 161 The meeting adjourned at 9:35 P.M. A true record, Attest: 162 • SELECTMEN'S MEETING September 12, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, September 12, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay and James were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon petition of Boston Pole Edison Company and the New England Telephone and Tele locations graph Company for permission to locate seven poles in Winchester Drive. Mr. Mahon, representing the Boston Edison Company was the only person present at the hearing. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following j/o pole locations: Winchester Drive, northerly side, easterly from a point approximately 30 feet east of Fiske Road. -- Seven poles. Petition for j/o pole location on Hill Street was held over from the last meeting. Pole Mr. Mahon explained that this is strictly a book - location keeping action and is merely rescinding the previous application. Upon motion of M. Reed, seconded by Mr. Gay, it was voted to approve petition and sign the order for the following j/o pole location: Hill Street, easterly side, approxi- mately 5 feet north of Diana Lane, -- One pole. (One existing j/o pole to be removed.) Mr. Mahon reported that Mr. Moretti is seeking Pole service to a new home on Rindge Avenue, a private way, location and the Boston Edison Company wants to extend its ex- isting line by Town property. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the Boston Edison Company and the New England Telephone Company permission to maintain three poles on aindge Avenue. Mr. Mahon retired at 7:25 P.M. 1 163 The Chairman read a letter from the Planning Board advising that as part of.an overall comprehen- Tax title sive plan the Board now has in preparation a long- property range park and recreation plan which will include recommendations for the acquisition of land for ad- ditional recreational facilities. Some of the recom- mendations may include tax title and other Town owned property. The Planning Boardi•recommends that before the Selectmen approve the sale of town land, the Plann- ing Board be given an opportunity to make recommenda- tions for the retention of such land. Mr. James suggested that the Planning Board be requested to present a plan of the areas which they believe to be desirable for recreational purposes. If the Town has tax title property in these particular locations, the Board of Selectmen can contact the Planning Board before disposing of them. Mr. Reed suggested that the Planning Board be advised that most of the tax. title property which the Selectmen have been selling has been individual lots where there would not be sufficient land for park or playground purposes. Mr. Burns retired and Mr. Donald Irwin met with the Board. The Chairman referred to a discussion of last Building Wednesday that he had with Mr. Irwin and said he Inspector thought Mr. Irwin should tell the Board what was discussed and whether or not he wants the position of Building In- spector. He said that the Board has not arrived at any decision but wanted to confer with Mr. Irwin before tak- ing any action. Mr. Reed said that the Board has not considered anyone else. Mr. James asked if Mr. Irwin had any trouble with zoning violations and he replied that those are the headaches. He said the Building By-law is not too dif- ficult and the builders, particularly the local men, know what to expect and there is no trouble. Occasion- ally a builder from up country will come in and he doesntt know or is not interested in finding out about the Building By-law. He said that nine times out of ten it is the Zoning By-law that is' questioned. Mr. Gay asked why the Zoning laws were trouble- some if they are defined. Mr. Irwin replied that the Inspector seldom has an opportunity to explain the law until after the work has been done. Mr. James said that some time in the future the town is going to have some industrial buildings and the 164 . Inspector will be required to issue a building permit and do the inspections. He said some of the building may involve complicated processing and asked how Mr. Irwin would handle it to protect the town. Mr. Irwin said that he would not be capable of making a decision, and the first step would be to get in touch with Town Counsel and ask for an interpreta- tion of the law. He said if a chemical or plastics busi-t ness is involved, the Selectmen could extend the period of time over the required ten days which would give him an opportunity to inviestigate. Mr. Irwin referred to the Grey Nunst building and said that in instances such as this he would not be capable. The State has a form which the engineers on the job are required to sign stating that in their op- inion the structure will comply with all local and State building codes and the stress and strain will take care of the building. That takes all the res- ponsibility off the Town. He explained that the Town is not liable for a mistake made by the Building In- spector who acts for the Town but also acts aa an in- dividual. He said that he has checked this with Town Counsel. Mr. James asked what Mr. Irwin would do about issuing an occupancy permit if the structural part of a factory was cleared up but he was not familiar with the processing of whatever was going on. Mr. Irwin replied that before the building was that far along he would want to make sure what was going in it and unless he was sure it was permissable he would mention it long before and clear it up as far as he could at .that time. He said the method may have changed from the time the building was_ constructed and the time it was occupied and he would then be faced with the problem of acting after the operation was started. Mr. Jamea said that such a situation might re- quire obtaining advice from an outside expert. Mr. Irwin said that if something came, in that looked questionable the Building Inspector should re- quest the. Selectmen for a ten-day extension. In the meantime, the Inspector could go over the plans and also make an investigation of the processes. Then he could issue the permit with the understanding that the business as represented was acceptable to the Town. Mr. Irwin said that he would not be interested i in the position for anything less than he is receiving now. He stated that he has been trying to operate his own business, but it cannot be done. He said that he does not think the Inspector should operate in the Town as it makes an undesirable impression. He said that in order to pay an Inspector for not doing business where 1 he is established the Town vuould have to pay something close to what he would be getting; in his particular case $100 would be enough. Mr. Irwin stated that if he were appointed Build- ing Inspector he intends to have a business outside of the Town of Lexington and he does not expect to di- vorce himself from building entirely. He explained that this is a yearly appointment and a change of per- sonnel may mean a change of Inspector. He said his business would not have to be the proportion he was doing before, but it would be enough to keep him ac- tive and if a change were necessary, he could step from one to the other. Mr. Irwin wised the question of car allowance and said that the present arrangement does not allow enough for either the Plumbing or Building Inspector. He es- timated it 'runs between 800 and 900 miles per month in the peak season and possibly 400 or 500 miles for the Plumbing Inspector. He recommended $54 per month, the amount Mr. Lindstrom received,,for the Building Inspec- tor and $36 per month for the Plumbing Inspector,about $700 per year. Mr. Irwin said the present set-up of the depart- ment is another item he would like to discuss. The Inspectors are appointed by the Board but the clerical help is appointed through the Public Works Department. Right now everyone seems to be satisfied. He said that the Building Department could operate with one full-time girl. As it is now, he has Mrs. MacDonald who also works for the Board of Health. He suggested one girl taking care of the Building, Plumbing and Wiring Departments. He said that if the clerical help was under one head, they would realize what they had to do and what their responsibilities are. He also recommended one indivi- dual as head of the Department. At the present time, unless the Inspectors make an appointment to see each other, they may not come in contact for a week. The Chairman asked if Mr. Irwin thought there was any feeling, from other contractors about him building in Town and he replied that he has heard a couple of complaints and he thought they might be justified. The Chairman asked if Mr. Irwin inspected his own work and he replied in the negative. He explained that Mr. MacKay from Arlington inspects his work. Mr. MacKay would rather have Mr. Irwin cover for him when he is away than to be paid for inspecting Mr. Irwin's work. The Chairman asked if it were the feeling of the Board that Mr. Irwin, if appointed, should not build in Lexington. Mr. James replied that he does not feel that way. 165 166 Mr. Feed said that he would leave it to Mr. Irwin's discretion, and would not want to stipulate that it is one of the requirements of the position that he would not be permitted to build in Lexington. Mr. Burns returned1to the meeting with Mr. Stevens, 400Town Counsel at 0 P.M. The Chairman said that he wanted to discuss the Junk Meadows' and Fields' junk yard. He reported that Mrs. yard Russell came into his store and he asked if the condition was as bad as she claimed and she said it was terrible. The Chairman told her to call hint the next time there was a fire there which she did. He went down and Meadows had a permit to burn in the back yard which the Fire Department says it must give him if there is no danger. The Chairman stated that he told both men they would have to stop burn- ing. Mr. Meadows told him he has been there for twenty years and unless he can continue will have to apply for welfare. Mr. Stevens explained that this was a problem for the Building Inspector and read the procedure to be fol- lowed. Mr. Irwin retired at 8:25 P.M. Upon motion of Mr. Reed, seconded by Mr. Gay, it Contract was voted to sign contract #3 between the Town of Lex - #3 ington and George Brox, Inc. for street and drain work. (All copies taken by Town Counsel.) • Order of Upon motion of Mr. Reed, seconded by Mr. Gay, it Taking was voted to sign an Order of Taking of land to be used Parking for off-street parking as follows: Area COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Massachusetts At a meeting of the Board of Selectmen of the Town of Lexington held on the 12th day of September, 1955, it is ORDERED: Whereas at a Town Meeting duly called, warned and held' on June 20, 1955, in accordance with the provisions of law applicable thereto the following vote was duly adopted by more than a two-thirds majority, -to wit: "'VOTED: That the Selectmen be and hereby are author- ized on behalf of the Town to acquire by purchase or by eminent domain or otherwise, or by lease not to exceed five years, land or interest therein situated -northwesterly of Waltham Street, southwesterly of Massachusetts Avenue 1 1 167 and southeasterly of Muzzey Street, and being anyportion or portions or all of the parcels numbered 1 to 5 in- clusive Waltham Street, 1752 to 1778 inclusive Massachusetts Avenue, and 6 to 16 inclusive Muzzey Street, and unnumbered parcels adjacent thereto, or any of them, for the purpose of establishing an off-street parking area with access thereto; and to appropriate for acquisition of the land the amount of $65,000 and provide for payment thereof by the transfer of 15,000 from the Parking Meter Account and by the issue of bonds or notes of the Town for the balance of $50,000; and to appropriate for the construction of the parking area the sum of $20,000 and provide for payment thereof by the issue: -of bonds or notes of the Town; and that the Treasurer .with the approval of the Selectmen be and hereby is author- ized to borrow said sums totalling $70,000 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding ten years.", and Whereas the Selectmen, have determined that it is nec- essary for public convenience to acquire for the purpose of an off-street parking area and facilities the parcel of land hereinafter described, which parcel of land is located not more than six hundred feet from a building in which the prin- cipal activity is business in character and which building is in a business zone and is not more than six hundred feet from the nearest parking meter of any group of not less than 30 parking meters approved by the Massachusetts Department of Public Works. NOW, THEREFORE, we, the undersigned, being a i*ajority of the Board of Selectmen of the said Town of Lexington duly elected, qualified and acting as such, do hereby, pursuant to said vote, and under and by virtue of the provisions of Section 22B of Chapter 40 of the General Laws and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way en- abling, take in fee for the purpose of an off-street park- ing area and facilities a certain parcel of land situated on and numbered 35 Waltham Street in said Lexington and bounded and described as follows: Commencing at the South- easterly corner of the land hereby taken on Waltham Street at land formerly of G. W. Robinson and later of Lewis Hunt, and running Northwesterly by said land and by land formerly of William Smith, one hundred ninety and 95/100 (]:90.95) feet to land formerly of Goodwin and later of Walcott; thence running Southwesterly by said land formerly of Goodwin and later of Walcott, fifty (50) feet and three (3) inches to land formerly of Porter and later of Spaulding; thence running Southeasterly by said land formerly of Porter and later of Spaulding, one hundred ninety-one,and 30/100 168 (191.30) feet to Waltham Street} thence turning and running Northeasterly by said Waltham Street, fifty (50) feet and six (6) inches to the point of beginning; be all said measurements, more or less; and being the same premises described in the deed from Emma J. Clow to Herman B. MacKay and Margaret R. MacKay dated December 18, 19){5 and recorded in Middlesex South District Registry of Deeds, Book 6921, Page 514. A11 trees upon said land and structures affixed there- to are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: - To Herman B. MacKay and Margaret R. MacKay, husband and wife, both of said Lexington, the sum of One Dollar (1.00). In so awarding damages we have awarded them to the supposed owner of the land hereby taken as -of the date hereof, but if the name of the owner of any interest in said land is not -correctly stated it is to be understood that such interest is owned by an owner of owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improvement for which the taking is being made. Witness our hands at Lexington aforesaid this 12th day of September, 1955. Leon W. Bateman Haskell W. Reed Frederick M. Gay Raymond W. James Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Massachusetts September 12, 1955 Then personally appeared the above named Leon W. Bateman, Frederic M. Gay, Raymond W. James and Haskell W. Reed, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledge the foregoing instrulent to be their free act and deed. Hazel J. Murray Notary Public My commission expires Nov. 29, 1957 p ' PC Sat 1 169 Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to petition the County Commissioners of the Fottler County of Middlexex for authority to lay out a pub- Avenue ✓,- lie way known as Fottler Avenue in said Lexington over tracks of the Boston and Maine Railroad, Lexington Branch, at grade therewith. Messrs. Stevens and Burns retired at 9:00 P.M. The'following members of the Personnel Advisory Personnel Committee met with the Board: Chairman Emerson, Messrs. Advisory Hoyt, Day and Whipple. Committee The Chairman stated that the Board has had diffi- culty in finding another member for the Committee and asked if the members had any suggestions. Mr. Day asked if the Chairman meant for the Com- mittee to select a man azbject to the approval of the Board and the Chairman replied in the affirmative. The Chairman said he believed the Committee was asked to study the Library Department last year and Mr. Hoyt said that was correct but the Committee did not get to it. The Chairman said that if possible, the Board would like the Committee to finish the balance of the Departments this year, that is the Public Works, Police, Fire, Library and Welfare. Mr. Hoyt said t hat would be every department ex- clusive of the schools and Mr. James explained that the vote of Town Meeting excluded the schools. Mr. Gay said he would like the library taken up next so that the increases will be in the budget. Mr. Hoyt skid that the Board would not actually need the information until after the first of the year, say the middle of January. Mr. Reed said that he thought the Board should have a definite policy on sick leave for all employees. The group retired at 9:30 P.M. • The following members of the School. CoMmit•tee met with the Board: Chairman Wadsworth, Mrs. Marek and Mr. School Cromwell. Committee Mr. Wadsworth said they were coming'back again to replacement consideration of a candidate to replace Mr. Coleaworthy. He said he would like to reiterate the fact this is a very important decision and the man put on at this time will unquestionably be elected at the March meeting and will be important because there will be three vacancies next March. The Committee, therefore, is anxious that the person be of a caliber, experience and background which has been prevalent in the past. He said the dis- 170 cussion the other night, and'he also heard, that the Board was interested in Vernon Page as one of the possibilities. He stated that, as a Committee, they are strongly opposed to him as they feel he does not have the qualifications nor is he the caliber of man the School Committee has had'during the last tenor fifteen years. He said they would like a candidate with qualifica- tions, one particularly who would have Some ideas in the field of education and some background. He said the type of individual will make important policies and the maintenance problem, which he assumes is a small portion, but his qualifications in that direction are pretty limited, even to the plumbing end of it. He said the School Committee would like another candidate' *ho would satisfy the Board and the Committee at the same time. That is the overall purpose of the meeting this evening. ' Mr. Gay said that he has not committed himself to anyone and he could see no reason why the Board should confine itself to those people who have been candidates. He said some consideration should be given to others as well. Mr. Cromwell asked if Mr. Gay had anyone in mind and he replied not at the present time. Mrs. Marek said that it Seems to her they should consider people who have shown enough interest to run. If they could not agree that one of those people had the qualifications, which the combined group felt im- portant, then there would be the possibility of con- sidering someone who had sefved on the School Committee who could be of value this fall while they are working on budgets, but who would not be interested`in running next March. That would bring in three new people in March. The other possibility is just to look the town over. Mr. James said that possibly some former member of the Aprropriation Committee would be of value. Mr. Wadsworth mentioned Mr. Donald Clark and Mr. James explained that this year he is the Chairman of the Appropriation Committee and the only one with any experience. Mr. Wadsworth said that if the town votes to put in Vernon Page, that would be all right but he would not want to be any part of putting him in. Mr. Cromwell said that the total maintenance appropriation this year is $22,000. If Mr. Page could save an important part of that, which he doubted, it would not count and the Committee would Tose out by not having spmeone qualified in a more important part of the School Committee work. Cla 1 A 171 Mr. Wadsworth suggested doctors and dentists or the possibility of a woman. He said that there are certainly peopib;_iti thefc©nstruotio%iebusiness who` know- a: great deal about it and. have other qualifications. He said that the town-i.is5 full of people . rho are.`.high-grade and- well: quali fied, and mentioned Dr. Tarule and Dr. Hunt. Mr. James mentioned Mr. Ralph Tucker, a former mem- ber of the Appropriation Committee. The group retired at 10:00 P.M. The Chairman read a letter from John Blackhall Smith, Superintendent of Schools, re acquisition of land adjacent to the Franklin School lot and possible provisions for nonteaching personnel not members of the Contributory FrabklinT:t Retirement System. School lot The Chairman was authorized to request Town Counsel to prepare the necessary instrument for Mr. Swenson to sign conveying a portion of his land adjacent to the Franklin School lot to the town in accordance with vote of Town Meeting. The Chairman was also authorized to advise Mr. Smith that the question of retirement is something over which Retirement the Selectmen have no control and comes under the juris- diction -of the Board of Retirement; his request to be referred to that Board. The Chairman read a letter from Chief Rycroft requesting appointment of Dorothy W. Savet, 337 Woburn Street, as a•traffic police woman, effective September 1, 1955. Upon motion duly made and seconded, it was voted to appoint Dorothy W. Savet, 337 Woburn Street, Lex- ington, a traffic police woman, effective as of Sep- tember 1, 1955. Appointment Upon motion of Mr. James, seconded by Mr. Reed, it was voted to write a letter to the Chief of Police Police instructing him to issue whatever orders that may be station necessary to prohibit all unauthorized individuals from entering the enclosed area of the Police Station, including the guard room, and further the Board would like every effort made to eliminate loitering within the station. Letters were received from Daniel O'Connor and Maurice A. Gagne advising that it will not be possible for them to accept appointments to the Town Celebrations Committee. Letter was received from Louis Rosendorja,59 Fottler 172 Avenue, stating that his interest in lots 152 and Tax title 153 Theresa Avenue is not for. building purposes. property He explained that these lots _abut the rear of his home and he would like more space in back of the house. The, Clerk was instructed to send Mr. Rosendorn a copy of the letter from the Board dated April 18th and advise him that no reply -had been received. Upon motion of Mr. Reed, seconded by Mr. Gay, it License was voted to sign a Sunday Movie License for the Lexington Theatre. Use of hall Insurance Application was received from the Lexington Lions Club requesting permission to conduct a Merchants' Exhibit in Cary Memorial Hall on October 25, 26 and 27 from 6:30 P.M. until 10:30 P.M. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the use of the hall free of charge, providing no admission is to be chargedand-no goods offered for sale. The Clerk reported that Brewer & Lord has a can- celled check as evidence that the sum of e70.63 was paid to W. S. Cooledge Co. inDecember, 1954. Mr. Gay reported last week that Mr. Cooledge had called in advising that his last commission was in 1953. The meeting adjourned at 10:35 P.M. A true record, Attest: ,or ---1" 'CiexCk, 'iectrren. „/' 1 173 SELECTMEN'S MEETING September 19, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 19, 1955 at 7:00 P.M. Chair- man Bateman, Messrs. Gay, Maloney and James were present. The Clerk was also present. The Chairman read a letter from Chief John W. Rycroft, advising that he will leave on his annual Vacation September 2i{th and he suggested appointing Lieutenant James F. Corr, Jr. Acting Chief of Police during his absence. Upon motion duly made and seconded it was voted to appoint Lieutenant James F. Corr, Jr., Acting Chief of Police during the period of Chief Rycroft's annual vacation commencing September 2h, 1955. Chief Rycroft met with the Board at 7:10 P.M. The Chairman explained that the Board had received the results of the Civil Service examination held Sdr promotion to Police Sergeant. He stated that one man Police had been requested and asked if another list could be Sergeant requested if it were decided to appoint two more Ser- geants. The Chief replied in the affirmative and explained that his budget, which was approved by the Appropriation Committee, provided for three Sergeants. With three Sergeants, he would have one in the cruiser every night with a patrolman and he would change cars every two hours. He would see the Center man, listen to all mes- sages, attend to all mishaps and check every store. If he has another day'in the week, he will work a desk shift. The Chairman stated that there has been some dis- cussion as to how this was going to be worked out. Mr. James said that he would like to see some time, an organization chart of the Department, not necessarily giving the names. He would like a chart showing the duties of each individual so that any member of the Board could, at any time, pick it up and say that at this time of day the Sergeant would be do- ing this type of duty. The Chief stated that he has made up many charts, but in order for the Board to say that any certain in- dividual is working on a certain night he would have to have a work schedule and the names have to be there. 174 Mr. Maloney asked if there were some Sergeants who don't see an Officer and the Chief replied that he doesn't have an Officer on at night. On the al- ternate nights there will be a Lieutenant on the last half and the first half. He is with the patrol- man doing the first half and a patrolman doing the desk the last half. The Chairman said that three more Sergeants would make a total of four and asked how many men were on the force. The Chief replied that there are twentybnine and this would give him twenty-two patrolmen. Mr. Gay asked if the Chief had any choice of the three men whose names are on the eligible list and he replied that he would go along with the number one man. If he is not appointed, the Board would have to write the Division a letter of explanation and it would re- quire more than to merely state he has not had enough experience. The Chairman asked if he would have any objection to the Board appointing only one man and the Chief suggested telling the Division of Civil Service that one vacancy is to be filled and the two new Sergeant positions are being created. Then the three men could all be appointed at the same time. Mr. Maloney said that he did not think the Board should make an appointment while the Chief is away on vacation. The Chairman said that in some of the Departments the groups get together, for example the School De- partment, and'talk over various problems. He said the Chief would have seven Officers and he wondered if the Officers might meet regularly and perhaps some times with the Board of Selectmen for the purpose of dis- cussing problems of the Department. The Chief said t hat the Officers know all of the problems. There is a roll call and everyone is'told. He explained that any change in policy is made known to the men by letter. Chief Rycroft retired at 7:30 P.M. The Chairman was authorized to advise the Livision of Civil Service that since the Board requested the examination for promotion to Sergeant, it has been de- cided to also create two new positions of Sergeant and to request additional names from which the three appoint- ments may be made. Mr. Burns and Mr. Stevens arrived at the meeting at 7:35 P.M. 1 1 175 Upon motion of Mr. Gay, seconded by Mr. Maloney, Chap. 90 it was voted to sign a Memorandum of Agreement for the Construction improvement of a section of Hill Street under Chapter 90. The Chairman read a letter from Harvard University Graduate School of Education relative to the possibility of a graduate student working in a Town government post for a brief period this Fall. Harvard The Chairman was authorized to advise that the student Board cannot see any possible way to perform the tasks assigned in the letter on such short notice. The Chairman stated that he would call Mr. Smith, Suptt. of Schools, to see if his department could par- ticipate in the program. Letter was received from Mr. & Mrs. Anthony Vasi- lopoulos requesting the installation of a street light in front of their house at 25 Freemont Street. The 1955 street light appropriation has been al- located and this request will be included in the 1956 budget for consideration.. The Chairman read a letter from the County Commis- Fottler Ave. sioners re petition for laying out Fottler Avenue over hearing the tracks of the Boston and Maine Railroad at grade. A hearing has been set for Tuesday, October 18, 1955 at 10:30 A. M., County Commissioners' Office, East Cambridge. Mr. Stevene reported that he wrote the Boston & Maine today telling them he understood they would write him setting forth the position of the railroad'in ample time for this hearing so that they would have time to straighten out any differences of opinion. The railroad wanted the Town to defray the cost of putting in automatic signals at a coat of approximately $5,000. Mr. Stevens told the railroad representative that it is not fair and it should at least be fifty-fifty. That is where the situation stands now and as soon as Mr. Stevens hears from the railroad he will arrange a conference to see if a fifty-fifty basis can be agreed upon. Letter was received from Mr. Carroll, Town Treasurer, submitting a list of bids received for the 1700,000 School Project Loan and the $70,000 Off-street Parking Area Loan. Upon motion of Mr. Maloney, seconded by Mr. James, Borrowings it was voted to approve the bid of Smith, Barney & Co. and Union Securities Corp. - 100.309, 2.30%. Street light Mr. Burns and Mr. Stevens retired at 8:05.P.M. 176 Borrowing Artillery Reserve Unit Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to request the Town Treasurer to obtain bids on a $+6)40,000 borrowing for the following, authorized by votes of Town Meetings: A00,000 70,000 50,000 120,000 Sanitary sewer main Annual Town Meeting Sewer mains Annual Town Meeting Street Construction Annual Town Meeting Worthen Road Special Town Meeting Article Article 12 Article Article 35 52 At 8:00 P.M. Captain John Dowd and Sergeant Forbes met with the Board. Captain Dowd explained that he would like to estab- lish an Artillery Unit, being a Reserve Unit, but not a National Guard outfit. 'It will be a small unit, con- sisting -of officers mostly non-commissioned and the equipment would be negligible. He said that they would not need to store guns or ammunition. At present they are operating out of Lawrence with Middlesex County and Essex County under their jurisdiction. He said that they have discussed the subject with the V. F. W. and have been told that they may have the use of that organiza- tion's building. He explained that the Battery would be service and not firing. The Chairman asked where the equipment would be kept and Captain Dowd replied that the men woifld learn theory. The equipment is now in Lawrence and that is where it will remain. If it is necessary for the men to actually work with the equipment it will be taken down from Lawrence and brought back. Captain Dowd said that he would like the aprroval of the Board of Selectmen to have a Battery in Lexington. Mr. Gay asked if they wanted a vacant hall or one with chairs and Captain Dowd replied that chairs would be all right if they can be moved for drill practice. He said that for their purpose the V. F. W. hall is all right. Mr. Maloney asked if the boys were supplied with uniforms and Captain Dowd replied in the affirmative. He explained that they are in the United States Army Reserve and have to serve three years. Mr. Maloney asked how many boys they would attempt to recruit and Captain Dowd replied that they would like all of them if'possible. Mr. Maloney asked if the boys were paid and Captain Dowd replied in the affirmative.` He said that they would meet one night a week and are paid according to rank. The Chairman said that there are not many halls 1 177 available in Lexington and he thought the V. F. W. would be suitable. The Board had no objection and endorsed the es- tablishment of an Artillery Reserve Unit to be located in the V. F. W. building on Vine Street. Captain Dowd and Sergeant Forbes retired at 8:25 P. M. Copy of letter from Town Counsel to Herman B. Dine High School was mentioned by the Chairman. Mr. Stevens requested borrowing approval of borrowing $775,000 under the provisions of Chapter 615 of the Acts of 119148,, for the construction, original equipping and furnishing of additions to the new High School Building. Letter was received from Mr. Herman B. Dine, to- gether with copy of vote passed by the Emergency Fin- ance Board, authorizing a school construction loan of $700,000. Further consideration was given to Mr. Ralph J. Frissorets offer of $5,000 for lots 243-258 Asbury Street and lots 579-58{ Edna Street. Notice of the offer was inserted in the September 15, 1955 issue of the Lexington Minute -Man but no persons contacted the Selectmen's Office as a result of the notice;. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to sell and convey lots 2).3-258 inclus- ive, Asbury Street and lots 579-584 inclusive, Edna Street to. Ralph J. Frissore subject to the following provisions: Mr. Frissore to install necessary water ]lines on both streets for the houses he intends to construct; and Mr.. Frissore is not to build on these lots until such time as a sanitary sewer is available to service the houses,.. Tax title property Request was received from the Lexington Arts and Crafts Society for permission to hold an outdoor Outdoor Art Art Exhibit on the Buckman Tavern lawn, Sunday, Exhibit October.9th from 1:00 P.M. unti1.6:00 P.M. with an alternate date of Sunday, October 16th. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. Letter was received from the Lexington Methodist Barnes Church requesting permission to use the Barnes prop- property e-rty for a rummage sale on Saturday, October 1, 1955 .with an alternate data of October 8th. .Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant"the request. 178 Letter• was received from William C. Madden re - Barnes questing permission to use a room on - the first floor property of the Barnes property for Red Feather headquarters from October 21st to December 1st. The request was granted, providing there •is room now available. Paper Letter was received from Rev. Harold T. Handley, on drive behalf of the Church of Our Redeemer, requesting permis- sion to conduct a paper drive on Sunday afternoon, Octo- ber 23rd, Upon motion of Mr. Maloney seconded by Mr. Gay, it was voted to grant the request. Application was received from Mrs. Timothy J. Use of Quinlan, on behalf of the 4-H Town Committee, request - hall ing permission to use Estabrook Hall for a Parent Leader meeting on October 14th from 8:00 P.M. until 10:00 P.M. Upon motion of Mr. James. seconded by Mr. Maloney, it was voted -to grant the use of the hall free of charge, subject to a fee of $1.50 per hour for janitorts over- time services. USe of Application was received from Sarah C. Gale, on hall behalf. of the Lexington Field and Garden Club, Inc. requesting permission to use Estabrook Hall for a meet- ing with lecture on November l6th from 7:00 P.M. until 11:00 P.M. - Upon motion of Mr. James, seconded by Mr. Maloney it was voted to grant th0 use of the hall free of charge, subject to a fee of $1.50 per hour for janitor's over- time services. License License • Interviews Upon motion of Mr. Gay, seconded by Mr.•Maloney, it was voted to grant a Sunday Movie License to the Lexing- ton Theatre.. Application for a Common Victualler license was re- ceived from Pierre Victor Brunelle, d.b.a. Martin's Drug Store, Inc. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to sign the license to be retained by the Clerk until. satisfactory character references are re- ceived from the Chief. of Police. It was further voted that the fee is to be $2.00 inasmuch as the license will expire December 31, 1955. Interviews of applicants for position of Superin- tendent of Public.Works and Town Engineer was discussed. It was agreed to schedule one interview for Monday, 1 179 September 26th at 7:00 P.M. and three for Tuesday, September 27th at 7:00 P.M., 7:145 P.M. and 8:30 P.M. Mr. Gay mentioned that it is somewhat difficult Selectmen's to attend the Selectmen's meetings at 7:00 o'clock meetings and suggested that the regular time be established as 7:30 P.M. It was agreed, commencing October 10, 1955, to start the Selectmen's meetings at 7:30 P.M. Upon motion of Mg. Gay, seconded by Mr. Maloney, Appointment it was voted to appoint Robert Fawcett a member of the Personnel Advisory Committee to replace Mr. Lee Simonds. .At 9:00 P.M. Mr. John MacNeil and Mr. John G3.A- IR8urance vin met with the Board to discuss Town fire insurance program. An informal discussion was held and Improved Risk Mutuals offer one policy, excellent engineering ser- vice and one loss adjustment in case of a loss. The meeting adjourned at 9:50 P.M. A true record, -Attest: 1( -01erk, Sej ectmen 180 Jurors Uses of halls SELECTMEN!S. MEETING September 26, 1955 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday evening, September 26, 1955 at 7;00 P.M. Chair- man Bateman, Messrs. Reed, James and Maloney were pres- ent. The Clerk was also present. Mr. Gay arrived at the meeting at 7:35 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Alice C. Monahan, Home Councel 51 Lowell Street; Margaret A. Roberts, housewife, 281 Lowell Street; Clifford C. Cooper, Jr., Accountant, 63 Reed Street. Mr. Carroll retired at 7:05 P.M. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the following uses of halls, all free but subject to a charge of $1.50 per hour for janitor's overtime services. Lexington Police Women Lex. Little League Inc. Lex. Little League Inc. Lex. Council Girl Scouts Council of Churches Conf. Rm. Estabrook Cary Conf. Rm. Cary Oct. 6 Meeting Oct. 18 Meeting Oct. 21 Award Night Nov. 21 Meeting Nov. 21 Thanksgiving 22-23 Service The Chairman read a letter from Francis Keefe, at - Betterments torney for Mrs. Mary M. Simonds, requesting deferment of Deferred street betterment assessment levied against lots 25 and 26 Bartlett Avenue. Upon motion of Mr. Reed, seconded by Mr. James, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of street betterment assessment on lots 25 and 26 Bartlett Ave- nue, in the amount of $231.20, 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. Size of elec. The Chairman read a letter from Robert K. Jeremiah, service en- Inspector of Wires, recommending that the minimum size trance service entrance in all new homes be 100 amperes effective November 1, 1955. Mr. Jeremiah's recommendation is due to the increased demand for electric ranges, dryers, 1 1 1 181 clothes washers, water heaters and other appliances. Upon motion of Mr. Reed, seconded by Mr. Maloney, it Was voted to approve Mr. Jeremiah's recommendation and to request him to inform all contractors of the proposed change and also to give the subject some pub- licity in the Lexington Minute*Man. Upon motion of M. Maloney, seconded by Mr. Reed, Licenses it was voted to grant the following licenses: Lexington Theatre 1794 Mass. Ave. Sunday Movies Lex. Cab Company Inc. 11 Depot Square Additional Cab Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the following Sewer Orders: Shade Street from Spring Street, a distance of 560 feet / northwesterly; Oxford. Street from Theresa Avenue, southerly approximately 300 feet; Adams Street from end of existing sewer, a distance of 1150 # feet northeasterly;. Sherburne Road from Winthrop Road, southerly distant approximately 1010 feet; Arcola Street from Bartlett Avenue southerly distant approximately 395 feet; Pearl Street from Bartlett Avenue southerly distant approximately 375 feet; Hayes Avenue from end of existing sewer, a distance of 530 feet C northeasterly. Mr. Gordon T. Richardson, 117 Odell ANenue, Bever- ly, applicant for the position of Superintendent of Public Works and Town Engineer, met with the Board. The Chairman said he did not know how much,Mr. Richardson knew about the position and Mr. Richardson said that he came to Lexington the other day to look around and he met Mr.`Burns. The Chairman asked him to tell the Board some- thing about himself and he stated that he graduated from the University of Maine in 1934 and went to work for the City of Beverly in the Engineering Department and remained until 1939 when they consolidated the Engineering with the Public Works. He then took charge `until he went into the service, the Navy. He returned in 1946 and had charge of engineering and water and stayed until 1950 when he went to Nahant. Here the departments were consolidated under Public Works and he has been there ever since. The Chairman asked if they had an Engineering Sewer Orders Supt. Public Works 182 Department and he replied in the negative. He said that he does all that is done with one or two men; that is establishing grades and figuring the assessments. He is the only engineer, in charge of streets, sewer, water, cemetery, parks, trees and everything except schools and police. He said he believed the Town of Nahant is patterned ° after Lexington. The Chairman asked how many men there are in the entire crew and he replied that there are fifteen and one foreman. Mr. James asked how he handled engineering on a major construction job and Mr. Richardson replied that they have Mhitman & Howard do the layout. He said that they just finished a sewer construction project of about *2L,0,000 and Whitman & Howard did the layout. Mr. Reed asked if they do all the engineering and Mr. Richardson replied that he does the engineering on minor construction. He explained that the town does not have an engineering force and no provision was made for one. Mr. Reed asked about the size of his budget and Mr. Richardson replied that the Public Works is about 06,000 for maintenance. Mr. Gay asked if they did any work or if it were all on contract and Mr. Richardson replied that they do all the sewer work and most of the water work with town men. They let our resurfacing because they do not have the equipment. The Chairman inquired about the population and Mr. Richardson said that year-round it is about 3300. The Chairman asked how many miles of streets they have and Mr. Richardson replied about sixteen. The Chairman asked if he had much sewer work and Mr. Richardson replied that the town is pretty well sewered. -Mr. James asked if all the men were in one labor pool and Mr. Richardson replied in the affirmative, with the exception of the cemetery men. He said they have rubbish collection and that takes three men in the summer and two in the winter. He said the rest are in a pool from which he can draw. He tries to keep two men on trees, parks and playgrounds. Mr. Reed asked if he prepared his own budget and he replied in the affirmative. The Chairman asked about the size of Nahant and Mr. Richardson said that it is one square mile. Mr. James asked if they have any developments and Mr. Richardson replied that they had one last year and one this year, but they are not large. This year there were about eighteeen houses. 1 183 Mr. Gay asked if he would be willing to move to Lexington and Mr. Richardson said that if he were re- quired he would, but he would prefer to stay in Bever- ly as he has a boy who is a senior and he would like to have him finish school there. The Chairman said that would not be a requirement of the position. Mr. James asked how snow removal is handled and Mr. Richardson replied that they do it all themselves. Mr. Richardson asked if the Superintendent had charge of parks and playgrounds and the Chairman ex- plained that he maintains them. Mr. Reed stated that Lexington has a Recreation Committee, but the men come under the Superintendent of .blic Works. Mr. Richardson asked if the town contracted for most of the large construction and Mr. Reed replied that about 90%. The Chairman said that the town men resurface the streets and there isn't anything they can't do but there are not enough men for major construction. Mr. Richardson asked if new developers furnish everything and Mr. Reed replied in the affirmative. Mr. Richardson inquired about the Engineering De- partment and Mr. Reed explained that there is a con- struction engineer who takes care of developments, a transitman, a rodman and two others. The Chairman said that they do all the prelimi- nary engineering and turn it over to Whitman & Howard. Mr. Maloney asked if the town owned any equipment and Mr. Richardson replied that they have no heavy equipment, no shovel or grader. Those are rented. The equipment and the operator is hired. The Chairman explained that the Board will in- terview more applicants tomorrow evening and he would let Mr. Richardson know the Board's decision. Mr. Richardson asked if the Board had settled on a. salary and the Chairman replied that for the moment it is undecided. He said it would depend on the man and what his experience has been. He said that when the Board selects the man it wants, the subject of salary will, then be discussed. Mr. Richardson retired at 7:115 P.M. Messrs. Stevens and Burns arrived at the meeting. Upon motion of M. Maloney, seconded by Mr. Reed, PARKING AREA it was voted to sign an amendment to the agreement be- tween.the Town and the Lexington Savings Bank whereby the bank is to assume the responsibility of removing 184 Dump the old building which it owns and is located in the proposed parking area. Mr. Stevens did not leave a copy of the -agree- ment. Petition was received from residents of Lincoln Street for the removal of the dump. The petition was undated, but received at the Selectmen's Office Sep- tember 20th, too late to be considered at the meeting on the 19th. Letter was received from Mr. M. Dankese on the same subject. Mr. Burns said that when he was informed Collins was dumping garbage in the dump he personally investi- gated and found that the truck did belong to'Collins, but he was disposing of paper cups and paper napkins collected from the Howard Johnson restaurant and was not dumping garbage. The Board felt that over a period of years the dump' has been continually improved and is now in better condition than it ever has been. Messrs. Stevens and Burns retired at 8:15 P.M. Mr. R. L. McQuillan, Chairman of the Board of Health met with the Board. Car Mr. McQuillan brought up the subject of car Allowance allowance for Mr. Lurvey, Health Sanitarian. He Board of explained that the Board gave him $500 for car allowance Health and he has driven 16,000 miles. This is costing him money. He explained that MF. Lurvey had not made any complaint, but asked if something could be done. Mr. McQuillan said that last year the Board of Health turned back $600. Mr-. Reed asked if the car allowance came under expenses and Mr. McQuillan replied in the affirmative. He stated that his Board did not want to vote addi- tional money for Mr. Lurvey without first advising the Selectmen. He said they would like to give him an additional $150. Out of the original appropriation of $8700 there is now a balance of $1200. The Chairman asked if the increase.would be from now until March and Mr. McQuillan replied that he wants $150 to carry through this year. Mr. Reed asked if the $150 was for a twelve month period and Mr. McQuillan replied that the Board would like to give him $650 instead of $500. Mr. Reed asked if they would request $650 next year instead of $500 and Mr. McQuillan replied in the affirmative. gad 1 185 There were no objections to the proposed in- crease of car allowance for Mr. Lurvey and the Board was unanimously in favor. Further consideration was given to the appoint- ment of a Building Inspector and M'. Maloney said Building that he was opposed to appointing the present encum- Inspector bent if he is to be permitted to carry on his per- sonal business during the time he is acting as Build- ing Inspector. Upon motion duly made and seconded, it was voted to appoint Donald K. Irwin as Building Inspec- tor in the Town for a term expiring March 31, 1956 at a salary of $100 per week. At 9:15 P.M. the following members of the School Committee met with the Board: Chairman Wadsworth, Mrs. Marek and Mr. Chapman. School Mr. Wadsworth said that the group came in this Committee evening merely to continue the discussion of elect- ing a member to the School Committee to replace Mr. Colesworthy. The Chairman said that the Selectmen were ready to go ahead with the election, and Mr. Gay said that it couldn't be done as one member of the School Com- mittee was absent. The Chairman said that the Board would like to have this business completed and the Board would be meeting tomorrow night if the School Committee wanted to meet with them. Mrs. Marek explained that Mr. Cromwell is out of town and she doubted if he would be available be- fore Wednesday. Mr. Wadsworth said that the entire Committee could be present next Monday night. Mr. Bateman stated that the members of the Board have been discussing this subject and speaking for himself he has found Vernon Page to be a hard headed business man and one who works with the greatest of co-operation. He said that Mr. Page is not what the School Committee described the other night but he is a man of extremely high character and one of the most patriotic citizens in town. He said that he may bring something to the Committee which is an executive group and not an educational board. He said he would like to seeMr. Page on the Committee unless the Committee can come up with some- one better. Mr. Gay asked if the Committee had anyone to pro- pose and Mr. Wadsworth replied in the affirmative. 186 He said that perhaps someone else on the Committee should discuss it. Mr. Chapman said that he missed the meeting last week and prior to that he heard there was some thought of finding a candidate upon which there would be unanimous agreement. He said as soon as something starts in that direction he thinks it is a rigged deal, and he felt these things should be decided on objective measures and not on personali- ties. He said everyone present was a represent- ative of the citizens of Lexington. They might feel one way and the town another. He said that he does not think they can select anyone who has not had the courage to run for the office and in,his opinion that rules out everyone except those who have demonstrated their interest in being willing to run. He said that there is some gauge by the number of votes cast. He said he did not care how far back the group wept to select the names of those who have shown their in- terest in school work. Mr. Chapman said that everyone who has run for the School Committee in the past ten years has had some qualifications, and it does not make any dif- ference whether he is in town or not. If he lives here, pays taxes and is interested enough to run'i that is sufficient for him. Mr. Chapman said that then he thinks of the personal problem because Vernon Page, Martin and Brucchi called him up and wanted to help him to run. He said he appreciated their help but does not think that any one of them wanted him to be obligated. He said that he personally will go to Vernon Page or Martin or whoever it is and tell him that he is not going to vote for him because, in this case he is going to favor Ed Martin, of the fact that he ran twice for the office and he does not consider it twice rejected, but twice a measure of his interest. He said that he thinks Martin has done a lot to de- monstrate his interest. He said that is how he feels about the situation and does not believe the group should deal with a compromise vote. Mr. Maloney asked if Mr. Martin had indicated that he would be interested and Mr. Chapman replied that he did not think he would dare say. Mr. Maloney said that he knew Mr. Page better than he knows Mr. Martin. Mr. Gay said he was sorry that they had not gone over more names of those people who have run in the past rather than to be confined to the recent ones. Mr. Maloney said that the problems are now and there should be someone who has shown interest recently. 1 Mr. Chapman said that it would be difficult to answer to the town if someone who has not spent time and money to demonstrate their interest were selected. Mr. Reed said that he thought everyone should have made up his mind by now who he wants to vote for and it should not be necessary to go back very far. Mr. Wadsworth said that personally he felt some- one who had already been on the committee would be a great deal more valuable, next year. Mr. Reed said that next Monday night should be set as the date for the election. Mr. Chapman said thatall- that is necessary is to give everyone a weeks notice so that there will be full balloting. The Chairman said that the Board of Selectmen was giving notice now of the election to be held next Monday night, October 3, 1955 at 7:30 P.M. He said that he would notify Mr. Cromwell by mail. The meeting adjourned at 10:000 P.M. • A•true record-, Attest: 187 188 SELECTMEN'S MEETING October 3, 1955 A special -meeting was held in the Selectmen's Room, Town Office Building, on Monday, October 3, 1955 at 5:00 P.M. to receive bids for Turnk Sewer Work. Chairman Bate- man, Mr. Burns, Mr. Howard,. .representing Whitman & Howard, and the Cleric were present. The bids were opendd by the Chairman and .read by Mr. Howard as follows: Bidder Quintin Vespa Co.,- Inc. R. Zoppo Co. Richard White Sons A. D'Alessandro & Sons C. Jiustino C. DiMartino & Sons, Inc. (Requested completion Underground Construction DiMinieo & Pallotta, Inc. Cert. Cheek 5,000,00 5,000.00 5,060400 5000.00 5,000.00 time Bid 325,800.00 30,930.00 258,930.00 3814, 800.00 35k,500. oo 5,000.00 !t57,970.00 of 200 working days) 5,000.00 5,000.00 266,900.00 309,835.00 The Chairman informed the bidders that the quotations would be taken under advisement and an award made as soon as possible. The meeting adjourned at 5:20 P.M. A true record, Attest: Saa 1 189 SELECTMEN'S MEETING October 3, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, October 3, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. The Clerk was also present. Hearing was declared open upon application of. Marshall & Sons, Inc. for permission to maintain two underground tanks for the storage of 1,500 gal- lons of gasoline on preOlses located at 315 Marrett Road. Captain -Bernard J. Beleastro, Lexington'Fire Gasoline Department, had indicated his approval on the appli- hearing cation. No persons were present in favor or in op- position. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to approve the petition and grant the license to Marshall & Sons, Inc. for permission to store 1,000 gallons of gasoline and 500 gallons of gasoline in underground tanks on premises at 315 Marrett Road, Lexington. The Chairman brought up the subject of a public address system and reported that only one bid has Public Add. been received and that is from DeMambro Sound Equip- System ment Co. It was decided to contact Mr. Randle, Bloomfield Street, and ask him to submit a bid this week if he is still interested; decision to be made at the next meeting of the Board. Mr. Burns reported that the Water Services, Sewer Services, Ashes & Dumps and Building & Plumbing In- - spectors Accounts are going to run short. He esti- Transfer mates he will need $9500 for water services and ex- plained that the budget had been cut $11,000 because last year he had turned money back. He estimated that he will need approximately $15,000 for sewer -services, He will need $5500•for the dump of which $3,000 is for wages. This budget was cut from 15,000 to $14,000. He mentioned that the Road Machinery is running low and he may need about $1500 before too long. Mr. Burns reported that Mr. Littlefield wants Salary more money. He -is now receiving $7.50 and wants $8.50 190 and $9.00 for overtime. These are the amounts he has requeated if he is.going to stay on the job. .Mr. Burns retired at 7:35 P.M. Chairman Wadsworth, Mrs. Marek, Messrs. Crom- well and Chapman of the School Committee met with the Board. School Comm. The Chairman explained that the.meeting was election officially called to elect a member of the School Committee, and he referred to a list of subjects presented to each member of the Board that had re- cently been discussed by the Committee. Following an informal discussion, Mr. Wadsworth nominated Edward T. Martin and Mr. Chapman seconded the nomination. Mr. Maloney nominated Mrt Vernon C. Page and the Chairman seconded the nominations. There being no other nomination, the Chairman declared tharnominations closed. Voting was held by_secret ballot and the ballots counted and read by the Chairman as follows: Sint" ballots cast for Edward T. Martin and three ballots cast for Vernon C. Page. Mr. Edward T. Martin was declared elected. The School Committee retired at 7:20 P.M. Mr. Burns returned to the meeting accompanied by Mr. Stevens, Town Counsel. Street Mr. Burns referred to the eight o'clock appoint - betterment went requested by Mr. Harry Sullivan, 38 Maple Street, reduced regarding a betterment assessment in the amount of $1117.50 levied against Lot 37 Hillcrest Street. He presented a plan of the street and the lot which is irregular and can be used for only building lot. The Board felt that a fair assessment would be $518.25, the amount assessed for the largest lot located on the opposite side of the street. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to reduce the street betterment assess- ment of $1117.50 levied against Lot 37 Hillcrest Street to $518.25. Upon motion'of Mr. Gay, seconded by Mrt Maloney, Order of it was voted to sign an Order of.Taking, prepared,by taking Town Counsel, of two parcels of land owned by George Smith in connection with the proposed parking area between Waltham and Muzzey Streets. All copies were retained by Town Counsel. Mr. Stevens retired at 9:00 P.M. i 191 'Mr. Burns referred to Winchester Drive and stated that last March the agreement between the Winchester Town, State and DeVries was that if he had the Drive street subgraded by the first of September, they would press to have it advertised as a Chapter 90 project and have the gravel and stone put on. For the last two weeks he has been trying to get a story from the State. The man who has been preparing this is now in the hospital and there will be no more Chapter 90 jobs in this section this year. He ex- plained that he talked to one of the State men and left it to him to find out if it could be arranged to have this job turned over to the town to do in the same manner that Hill Street was done thereby getting some work done this winter. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign a Sunday Movies license for the License Lexington Theatre. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign an Order for the installation of a sewer in Maple Street from Lowell Street a distance of 2200 feet f southeasterly. Mr. Burns retired at 9:25 P.M. Letter was received from Richard I. Furbush re proposed program for Boys Town of Massachusetts and requesting the appointment of a Chairman to represent Lexington. The Board did not feel it was a function of the Selectmen to request any individual to serve in this capacity and the Chairman was authorized to so ad- vise Mr. Furbush. Maple Street sewer order Boys Torn Upon motion of Mr. Reed, seconded by Mr. Gay, Uses of it was voted to grant the following uses of halls: halls League of Women Voters Estabrook Oct. 18 Meeting Red Feather Committee Estabrook Oct. 19-20 Meeting A-pplication was received from Harold T. Cowan, 408 Massachusetts Avenue, on behalf of The Youth Forum, requesting permission to conduct a Parents and Friends Night in Estabrook Hall on Saturday, November 5th from 7:00 P.M. to 10:00 P.M. The Chairman reported that the Methodist Church has already engaged Cary Hall on the same date for a 192 Fair and are paying $35 for the use of the hall. The Chairman was instructed to obtain More information relative to the Youth Forum and also to request them to submit another date for th it meeting. The meeting adjourned at 9:45 P.M. A true record, Attest: 1 SELECTMEN'S MEETING October 10, 1955 A regular meeting of the Board of Selectmen was held -in the Selectmen's Room, Town Office Building, on Monday evening, October 10, 1955 at 7:30 Pi, M. Chairman Bateman, Messrs. Gay, Reed, Maloney and James were present. The Clerk was also present. The Chairman read a letter from Ralph A. Nason, Secretary of the Board of Trustees Cary Memorial Library, requesting a transfer of $193, the amount paid for repairs to the roof damaged by hurricanes - last year. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to request the Appropriation Committee to transfer the sum of $193 from the Reserve Find to the Cary Memorial Library Expense Account. The Chairman read a letter from W. Neil Chapman, Secretary Pro Tem, Lexington School Committee, stat- Budgets ing that because the action taken by the Selectmen and the School Committee on salaries at budget time has a mutual interest, they would be glad to work with the Board when it is nearing decisions which may establish policy. The Chairman was authorized to advise Mr. Chap- man that the Selectmen would be pleased to discuss clerks' salaries for 1956 based upon the report'of the Personnel Advisory Committee. However, there will be nothing definite to discuss relative to custodians or other personnel until after the first of December. Mr. Burns arrived at the meeting at 7:40 P.M. He reported that the bid submitted by Richard White Sons for trunk sewer work had been checked and found to be accurate. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was•ivrted to accept the low bid of $259,930 sub- mitted by Richard White Sons for trunk sewer work in Lexington. 193 Transfer The Chairman read a copy of letter from Charles H. Cole, architect, to Mr. Burns re Maria Hastings School, Crosby Road. Mr. Burns explained that Whitman & Howard called Mr. Cole's office several times to find out what the Sewer bid Crosby Rd. 194 established grades were and finally received them as they appeared on a contract plan given to Mr. Tocci. He explained that the road was laid out and planned as a straight road by Mr. Cole and appears on his: plans that way. He said that someone squared the distance instead of surveying it and missed the line by four feet and also missed the grade. Mr. Burns said that the change is not proper but is one that he will have to go along with and it will involve extra cost because the road was laid out according to lines on the layout. The Chairman said that he did not believe the Public Works Department should stand the expense for a mistake made by the School Building Committee and Mr. Burns stated that he has ar eady acknowledged Mr. Cole's letter. The Chairman read a letteir from Mrs. Nellie Req. for Morris, )40 Windsor Road, West Somerville, advising water in that houses are to be erected on Webb, Young and Webb St. Dunham Street and she would like to have town water installed and requested necessary papers for signa- ture. Mr. Burns mentioned that there are other streets in town, with houses already erected, that do not have water and it was agreed that the Board would view the area before making any decision on the re- quest. Mr. Burns reported that the pick-up truck used Truck bids by Mr. Weisinger is a 19)48 model and will have to be replaced or repaired at a cost of $300 or MOO. He explained that he has funds available to purchase a new truck and received a bid of $1193 from Rowe - Jackson Chevrolet and $10145 from Fred Childs for a 1955 half -ton truck. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to accept the low bid of $10)45 for 1955 half -ton truck, submitted by Freld Childs. The Chairman referred to the sound re -enforce - merit system for Cary Memorial Hall and reported that Address he had telephoned Mr. Randle and also written him a System letter asking him to submit a bid by noon today if he were interested. No word has been received by him. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to accept the bid of $925.65 (total in- stalled price) submitted by'the DeMambro Sound Equip went Co.. and the Clerk was instructed to so advihe MO. Peter Oppenheim. SZLI 1 Letter was received from Richard Edwards, 365 Harvard Street, Cambridge, offering $600 for lots 22-23 Moreland Avenue and lots 54-53 Rockville Ave- nue. In X951 the Board refused to accept an offer for these lots due to the fact that.there is no town water available. The Chairman was authorized to ad- vise Mr. Edwards that in the opinion of the Board it would be to the town's best interest not to dispose of the lots, and further to suggest that before he pur- chases any property in the area give serious considera- tion to the subject of water and how he expects to get it to service his proposed house. Mr. Harold Stevens, Town Counsel, arrived at the 'meeting at 8:10 P.M. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was voted to sign deed, prepared by Town Counsel, conveying tax title lots 187 and 188 Rindge Avenue to Mr. Joseph A. Moretti, 8 Rindge Avenue, Lexington. Mr. Stevens reported on the status of the pro- posed parking area between Waltham and Muzzey Streets and instructed the Clerk to put through a voucher for $5,000 payable to D. Francis Mahoney and George J. Matheson, Jr. ' The'Chairman read a letter from the Outdoor Ad- vertising Division stating that John Donnelly & Sons had withdrawn applications 39081 and 39082, .proposed signs on Route 128. Letter was received from Col. Connell Albertine, advising that due to other civic commitments., he is unable to accept the appointment to serve on the Town Celebrations Committee. At 9:00 P.M. Mr. Mortimer Seabury, who proposes to erect a Motel on the so-called Bashian property, met with the Board re sewerage facilities. ,He reported that he spoke to the State relative to crossing Route 128 and was advised that itis not impossible and very feasible, but the way to do it is to have the Town request a permit for him to c ross 128 from his property on one side to his property on the other side. He stated that it is a very large culvert and he would like permission from the Town to go across the school property and then easterly to the existing sewer on School Street. He ex- plained that he has spoken to a representative of 195 Tax title property Tax title property Parking Area Outdoor Advertising ' Committee Seabury re: Crossing Route 128 - Sewer 196 the Methodist Church and received an informal opinion. They are havinga meeting this evening and he anticipates no difficulty. Mr. Seabury said that he is in a position to give the Town 2.3 acres, more or less, between Route 12.8 and the school property. The Chairman asked if he would dig up the blacktop and Mr. Seabury replied that he would go along the stone wall and if anything wasdone, he would repair or replace it. The Chairman asked who would be liable for the maintenance and upkeep of the sewer. Mr. Seabury replied that he does not know the details but he might turn the line over to the town. The Chairman explained that the town would pre- fer not to have it. Mr. Stevens said that if the State grants the Town permission it would be the town's responsi- bility insofar as the State is concerned. • Mr. Reed asked how far Mr. Seabury had gene to get individual permission and he replied that the Department Engineer suggested that he see the Board of Selectmen. Mr. Reed asked if he had been told that it would be impossible for him•to obtain a permit and Mr. Seabury replied that they advised him it would be more feasible for the Town to obtain it. Mr. Reed asked if he had been refused and he replied in the negative. Mr. Reed explained that the Board wouIlprefer to have Mr. Seabury obtain the permit to go under the road, but if it impossible, the Board will then consider requesting permission. Mr. Seabury asked how the Board felt about crossing school property and the Chairman replied that it would be up to the School Committee. Neither the Board nor Mr. Burns had any objec- tions. Mr. Seabury stated that he would apply directly and formally to the State. Messrs. Seabury, Stevens and Burns retired at 9:10 P.M. Invitation was received from John Blackhall Smith to attend flag -raising ceremonies at the Maria Hastings School on Monday, October 17th at 9:00 A. M. The Chairman said that he would represent the Board. Requisition C5 25035 was received from the Divi- sion of Civil Service listing four officers as being 1 eligible fbr the position of Sergeant in the Police Department. Inasmuch as the Board intends to appoint three Sergeants, one filling a vacancy, and two newly established positions, the Chairman was authorized to return the requisition and request additional names from which to make the appointments. The meeting adjourned at 9:30 P.M. k tr4 record, Attest:, 197 Civil Service Sergeant List 198 SELECTMEN'S MEETING October 17, 1955 A regular meeting of the Board of Selectmen was held in the. Selectmen's Room, Town Office Build- ing, on Monday evening, October 17, 1955 at 7:30 P.M. Chairman. Bateman, Messrs. Gay, James and Maloney were present. The Clerk was also present. Hearing was declared open upon application of Manhole and Boston Edison Company for permission to locate a conduit manhole on Lowell Street at Woburn Street, a distance locations of approximately 10 feet and conduit, buried armored cables and pole connections on Lowell Street, a dis- tance of approximately 6095 feet. Mr. Donald Noyes, 375 Lowell Street and Mr. Mahon, representing the petitioner, were present: Mr. Mahon explained that the cable is to run underground service into the new substation to im- prove conditions in the area. He traced the loca- tions on a blue print for Mr. Noyes. Mr. Noyes stated that he was more interested in what will happen in front of his property, such as how long it will take and the affect it will have on the grading. Mr. Mahon said that the proposed project is not much of a job and the driveways will not be horsed off. The Chairman asked if Mr. Noyes had any objec- tion and he replied in the negative. The Chairman said that if there were no further questions he would declare the hearing closed. (See next page.) Manhole and conduit locations Hearing was then declared open upon petition of the Boston Edison Company and the New England Tele- phone and Telegraph Company for permission to locate two poles on Fottler Avenue. Mr. Evan C. Ernst, 22 Fottler Avenue. and Mr. Ralph H..Rumery, 15 Brandon Street, were present at the hearing. Messrs. Richard F. Crawford, 239 Lowell Street, Hubert L. Paquette, 223 Lowell Street, Mr. Walsh, 265 Lowell Street and Thomas P. Cerulli, 219 Lowell Street arrived for he hearing on Lowell Street. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to reopen the hearing on petition of Sad 1 1 199 the Boston Edison Company for permission to locate a manhole and buried cable on Lowell Street. Mr. Crawford expressed concern for his cement apron and Mr. Mahon stated that it is not the peti- tioner's intention to break up any granolithio and the area would be left in its original condition. Mr. Crawford asked why the installation had to be underground and M . Mahon replied that it is a hot line and the company is required by law to place it underground. The Chiarman said that he would again ask if those present had any objections. Mx. Moyes said that near his house there is a very large depression that fills with water. The Chairman explained that the subject was not related to the petition but is a problem involving Maple and,Woburn Streets. Mr. Walsh inquired about the distance between man- holes and]Mr. Mahon answered by pointing them out on the blue print. The Chairman declared the hearing closed and pro- ceeded wi„h the hearing pertaining to pole locations on Fottle Avenue. Mr. ahon said that he understands Fottler Avenue has recon ly become a public way and explained the proposed ocations by use of blue prints, and said Pole that the request is to improve voltage conditions. locations Mr. Ernst said that he objected to the pole having two guy wires, one coming in on his property about eight feet. He said that he does not object to the pole, but does object to the guy wires. Mr. Mahon told Mr. Ernst to forget about the guy wires.If he.is opposed and does not grant per- mission, he company will have to do something else. The pole San be keyed or they can seek permission from the Town of Arlington to place the guy wire. Mr. Bumery said that he does not want anything on his property and Mr. Mahon told him to forget about the anchor guys. The Chairman asked if the guy anchor would.be left off.Ir. Rumery's property and the guy wire left off Mr. Ernst's property and Mr. Mahon replied in the affirmatiye. .The bearing was.declared.closed at 8:00 P.M. and the group!retired. Hearing was declared open upon petition of Mr. Gasoline George E.. Smith for permission to maintain one under- hearing ground tank for the storage of 500 gallons of gasoline at the rear of 10 Muzzey Street. 200 No one appeared in favor or in opposition. The application was approved by Deputy Chief, Bernard J. Belcastro of the Fire Department. Upon motion of Mr. Gay, seconded by Mr.•James, it was voted to approve the petition and grant a license to George E. Smith to maintain one under- ground tank for the storege:ofN500 gallons of gaso- line on property located at the rear of 10 Muzzey Street. Certified list of officers eligible to the pro - Sergeants mbtion to the position of Sergeant in the Police De - Police partment *as received from the Division of'Civil Ser - Dept. vice. Chief Rycroft met with the Board at the Chair- man's request. The Chairman explained that the Board has re- ceived a list of five names.from which to select three and said that the Board would like to know how the Chief feels about the men and if, in his opinion, either Martin or Morelli should be appointed in pref- erence to one of the first three names. The Chief replied that he did not think so. The Chairman asked if he was very well satisfied with the first three men and the Chief replied in the affirmative. The Chairman said that the appointments would be taken under advisement and the Board would like to make it an occasion - have pictures taken, newspaper publicity and let it be known that the Town has three young men who are going to contribute to the super- vision.and thinking of tie Police Department. Be said that int he event Woodward or.Morelli, now attending Police School, were appointed the Bow d would like to obtain permission to have them attend the Selectmen's meeting for the appointment and to have their badges pinned on. The Chairman informed the Chief that the Board would like a meeting of all Officers of the Depart- ment every month, six weeks or.three or four times a year. The Chief said that would be all right. The Chief retired at 8:35 P.M. . Upon motion of Mr. Maloney, seconded by Mr. James, Licenses it was voted to grant the following licenses: Lexington Theatre 1794 Mass. Ave. Theatre Lexington Theatre 1794 Mass. Ave. Sunday Movies Red Cross Invitation was received from the Lexington Chapter Invitation American Red Cross to attend a meeting of the Board of 1 201 Directors on Thursday, October 20th at 8:00 PJ.at the Zitso studio. The speaker is to be Belson Vogel- sohn, Chapter Field Representative and disaster worker, from the Eastern Area Office. Letter was received from the Emergency Finance Board advising that the school construction loan of $775,000 has been authorized. Mr. Herbert V. Canfield, representing Pitney - Bowes, Inc. and Mr. James J. Carroll, Town Clerk, met with the Board to discuss postage meter machines. Postage Mr. Canfield presented a sample machine and ex- meter plained that a deposit is made at the Post Office and machine the register accumulates the postage as it is used. He stated that envelopes incorrectly stamped could be re- deemed at 90%. Thi machine seals, stamps,' prints and cancels and it costs $715. He explained that the govern - went does not permit the sale of the meter which may be rented at a quarterly charge of $36. Mr. Carroll estimated that all the departments would use a total of ]L00,O00 envelopes a year and Mr. Canfield said that the machine would save money for the town. The Chairman said that the subject would be dis- cussed with the department heads and suggested that Mr. Canfield submit detailed information in a letter. Messrs. Canfield and Carroll retired at 8:55 P.M. Mr. Burns, Superintendent of Public Works, met Chapter 90 with the Board. Letter was received from the County Commissioners advising that a meeting will be held on Wednesday, Oct- ober 26th.at 10:00'k.M. for the purpose of discussing matters pertaining to public roads for 1956. Mr. Burns said that, for the Board's information, he is again recommending Concord Avenue as a Chapter 90 project. Mr. Burns referred to bids opened at five o'clock Worthen Rd. for street and drain work, Worthen Road. Only two bids bids were received; Quimby, $167,972.60 and Brox, $152,755.00. He stated that after allowing for damages and fees there will be about $125,000 left. The bid extensions will have to be checked and then the Board may abandon the project, re -advertise or try and take enough off to make this workable. Mr. James said°that the Board could also go to Town Meeting and request additional funds. 202 Pottier Ave. crossing Shortage in Sewer, Water Dump Accts. Mr. Burns reported that the hearing relative to the railroad crossing on Fattier' Avenue was supposedly routine, However, today at four o'clock the railroad advised that it is not going along, it is not going to be routine and the crossing will be closed when the street is constructed. If it goes through, they 'want the crossing protected the town is to pay for the protection and the figure has in- creased from $5,000 to $8,500. He said that he and Mr. Stevens, Town Counsel, will attend the hearing tomorrow morning. The Chairman also agreed to attend. Mr. Burns again referred to the shortage in some of his accounts and reported balances as follows: Water services $1304.00; sewer services $19.05 and dumps $40.26.. He explained that he needs $3,000 for wages alone for the balance of the year in the Dump Account. Mr. James recommended taking $13,000 from the Reserve Fund - $5,000 each for water and sewer ser- vices and $3,000 for dumps. Mr. Burns explained that if the weather remains good, this amount will not carry through the balance of the year. Mr. James said that the Selectmen must try for the maximum they can get from the Reserve Fund and if they can't get it, they will have to have a Town Meeting. A telephone call was put through to the'Approp+- riation Committee andthe following members met with the Board: Chairman Clark, Messrs. Madden, Blodgett, Works, Bailey, Richards and Dwyer. The'Chairman explained that he was talking to Mr. Clark the other day on the subject of trying to avoid calling a Special Town Meeting. As a result of the unprecedented building there is a serious shortage in the water and sewer services and also a shortage in the dump account. With reference to the first two items, the money'is paid to the town in ad- vance but must be credited to the Excess and Defic- iency Account. 'He explained that last year the Se- lectmen cut $15,000 from'the water' services budget because it did not seem possible that they would go so high. This year the Board cut *114,000 off. He said the third item was the dump. For'every new house erected, there is more rubbish to be disposed of at the dump which necessitates more fill, more hours for trucking and more hours for bulldozing. 1 203 He said that the transfer should have been requested two or three weeks ago, and explained that there is a balance of $19.05 in the Sewer Services Account with something like fifty or sixty services to go in, de- pending on the weather. He also reported to the Com- mittee that there is a balance of $1301,.00 in the Sewer Services Account and $10.26 in the Dump Account. He said that the Board would like to get along without a Town Meeting if possible and would need, roughly, $5,00G each for sewer and water and $3,000 for dumps or a total of $13,000. Mr. James explained that the demand for sewer and water services is in excess of these figures and it is only a gamble that this amount of money will carry. If it does not carry, providing the Appropriation Com- mittee see fit to make the transfers, a Town Meeting will•be necessary anyway. Mr. Clark inquired about the balance in the Re- serve Fund and Mr. Palmer stated that as of tonight it is $19,305.97. Mr. Clark asked if the Selectmen were making this a formal request and the Chairman replied in the af- firmative, The Appropriation Committee and Mr. Burns retired at 10:10 P.M. Letter was received from Kenneth J. Garland, 10 Dexter Road, together with receipted bill for $6.00 Claim from t he Colonial Garage for twwing charge. Mr, Garland claimed that his car sank in con- struction work at the corner of Dexter and Fuller Roads because the area was not properly marked. Mr. Burns informed the Board earlier in the even- ing that usually he pays these small ci&iwe and col- lects from the contractor. The Clerk was instructed to give Mr. Burns a copy of the communication and the bill for towing. The Chairman read a letter from Howard H. Dawes, 10 Bernard Street, enclosing petition from the resi- Sunnyfield dents of Sunnyfield to have Bernard Street, Calvin Streets Street, Donald Street, Eldred Street and Ivan Street accepted at the Annual Town Meeting in March, 1956. The letter requested thirty foot streets, five foot sidewalks and six foot grass..plots. Mr. Burns had explained to the Board that twenty- four feet is a standard street width and if sidewalks are constructed there will be a betterment in addition to the street betterment. The Board decided to delay answering the letter until the estimate of cost sheets are returned with signatures. 204 Letter was received from Raymond E. Lewis, Chairman of the Town Celebration Committee recom Appointments mending appointment to the Committee 'of Donald E. Legro, Donald Gillespie, P. F. Poehler, Jr., Ernest Giroux and Martin Bashian. Mr. James reported that he was almost certain Mr. Legro would decline the appointment. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to appoint the following individuals to serve on the Town Celebrations Committee for terms expiring July 1, 1956: Donald Gillespie, 1 Leroy Road, P. F. Poehler, Jr., 1.68 Marrett Ernest Giroux, 20 Woodland Road and Martin Bashian, J41j Woburn Street. The meeting adjourned at 10:35 P.M. A true record, Attest: 1' See c tme 1 205 SELECTMEN'S MEETING October 24, 1955 A regular meeting of the Board of Seledtmen was held in the Selectmen's Room, Town Office Building, on Monday, October 24, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Juror Board for the drawing of one juror. Mr. John Massa- novich, salesman, 30 Hancock Street, was drawn for jury duty. Mr. Carroll retired. Consideration was given to the Civil Service list of officers eligible for promotion to the posi- Appoint tion of Sergeant in the Police Department and upon Sergeants motion of Mr. James, seconded by Mrs Reed, it was un- animously voted to appoint the following Sergeants, effective as of last Friday, October 21, 1955: William G. Dooley, Maurice E. Woodward and Paul E. Furdon. Notice was received from the Middlesex County Association Selectmen's Association re Annual Meeting to be held Meeting at the Sherwood Country Club, Natick on Wednesday evening, November 9th; social hour 6:15 P.M. and dinner 7:00 P.M. Notice was received re 49th Fighter Intercepter Squadron which will be at Hanscom Field Thursday, October 27th at 8:00 P.M. At 7:45 P.M. Chief Rycroft, Lieutenant Corr, Mr. Sergeants and Mrs. William G. Dooley, Mr. and Mrs. Maurice E. Woodward and Mr. and Mrs. Paul E. Furdon met with the Board. The Chairman explained that the Board voted this evening to appoint these three men as Sergeants of the Police Department. He stated that the appointment of three more Sergeants is a very important occasion in the life of Lexington because there will be three more men on the executive staff of the Police Department with ideas. He said that he knew the Chief would be glad to have their help. He stated that the men passed very high in their examinations and know that law and regu- latory standards are very important. However, there are other things just as important. He said that to his mind of much more importance is tact, patience, poise, 206 discretion and all of those things which go to make up how a man acts. He stated that the new Sergeants have those qualities or they would not have been ap- pointed. He explained that their job is to help the other men';to whom they will be models. What the Sergeants do will determine what the Department will do and there is better than average type of man in the De- partment. The Chairman said that this Board is as much in- terested in the Department as any Board ever has been; interested in the equipment and manpower and would like to help the Department more if possible. He explained that there are now seven officers and the Board would like to arrange meetings of the executive staff that is the Chief, Lieutenants and Sergeants. These would be only occasional meetings with no particular agenda prepared but an opportunity for the men to come in with ideas, suggestions and improvements which will perhaps be a benefit to the Town. The three Sergeants signed the Civil Service form, the Chairman pinned on their badges, pictures were taken and the group retired. At 8:05 Mr. Presho, 116 Pleasant Street, met with the Board. Mr. Burns, Supt. of Public Works and Mr. Presho Stevens, Town Counsel, also arrived at the meeting. complaint re Mr. Presho explained his purpose for requesting brook an appointment with the Board was because of the brook running through his land. He said that the town has drainage rights but it is causing him a hardship in- asmuch as he had four and one half feet of water in his cellar. He said that he noticed a culvert which is filled with debris which he believes is causing the brook to rise too quickly which results in the flooding of his cellar. The Chairman said.that the Board would look into cleaning the culvert, but insofar as the flooding is concerned, there is nothing the town can do. Mr. Presho stated that the culvert that comes from across the turnpike drains into the brook. The Chairman asked if Mr. Fresho had a water- proofed cellar and he replied in the negative. He said that this condition started last year. The Chairman said that the Board could look at the drain but the land is low and not much can be done. Mr. Reed said that he thought this was a State problem and the town cannot touch any one of those culverts. Mr. Presho said that the State referred him to the town and Mr. Reed said that the Board could discuss 1 207 the problem with the State but cannot do anything to the culvert. Mr. Burns said that cleaning the brook will pro- bably improve it to the extent that the water will get away faster and he could contact the State but would not guarantee what the results would be. He said he could not do anything,under the highway. Mr. Presho retired at 8:15 P.M. Mr. Stevens reported that he took confirmatory Extension of deed from George Smith today and it is now on record. time parking He presented an Extension of Purchase and Sale Agree- area property , ment extending the time with Mahoney and Matheson and the Lexington Savings Bank which the Board signed and returned to him. Upon motion duly made and seconded, it was voted to sign a Purchase and Sale Agreement between the Town Franklin and Henning W. Swenson for the purpose of acquiring a School land parcel of land adjacent to the Franklin School lot; authority having been voted at the Annual March Meeting, 1955, under Article 31. All copies of the agreement were taken by Mr. Stevens. Mr. Burns referred to the bids opened October 17th, Contract No. 5, Worthen Road, and stated that they were above the appropriation. He said he would like to deduct units from the unit price contract. Mr. Stevens said he would like to check on the subject before giving an opinion. Mr. Burns explained that by omitting the curbing and using money available from drainage funds it will lower the project to about $147,000. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign deedrepared by Town Counsel con- Tax title veying tax title lots 1�j14 and 145 Tarbell Avenue to property Louis G. & Helen Ca? ota. Mr. Stevens retired. The Chairman reported that Mrs. Hartery had made an appointment for this evening to discuss traffic Traffic Maria conditions in the Maria Hastings School area. He Hastings. telephoned her and explained that the Board i,s study- School ing the situation and it would not be ,necessary for her to meet with the Board. However, !Mr. Hartery and three other men are now waiting o4tside to meet with the Board. Mr. Hartery said he could appreciate steps are being taken but the people in this area are antici- 208 pating what will happen to the children going- to and from school when the snow is plowed to the side of the streets. He said that the sidewalks are not plowed and the children will just have to walk in the street. Mr. R. BL Johnson referred to Marrett Road and said that there are- no sidewalks most of the way. The Chairman explained that Marrett Road is a State highway and Mr. Johnson said that the people cannot put any pressure on the State but the Town can. Sidewalks Mr. Hartery said that there is a sidewalk under Maria Hastings construction on School Street but it is not completed. School Mr. Burns explained that the so-called sidewalk there now is to give the children some place to walk off the street, but he cannot do anything on the State highway. He said as far as plowing is concerndd, School Street willibe plowed and if he does or does cot have permission.he'wil go down'that side of Cary Avenue but he cannotconstruct a sidewalk without permission. Mr. Hartery said that he felt between the Select- men and the School Committee more might be accomplished than otherwise. • The Chairman explained that the Supt. of Public Works and the Chief of Police have been in the area every day and are aware of the situation. Mr. Burns stated that all he can do is to try to get some temporary relief and he does not know that the State will do. The group retired at 9r00 P.M. Mr. Harvey Newgent met with the Board and said that he has a letter requesting the Board of Selectmen Depot Square to present action to the Town Meeting requesting that Zoning the depot square area be put Sato a business area rather than keeping it residential. Mr. Reed explained that if the Board did make any decision, it would be referred to the Planning Board to present to Town Meeting. If, however, the Board of Selectmen and the Planning Board are not in favor of inserting an article, Mr. Newgent could request that it be inserted under the signatures of ten registered voters. Mr. Newgent said that on July 13th he 'wrote to Mr. Crerie in regard to the gravel pit on North Street and since that time the subjeaet has been tossed around. He said that there is an interested buyer who wants IA) pur- chase a lot of land over there. Mr. Reed said that the Recreation Committee recom- mends acquiring the pit but it would definitely have to be acted on by Town Meeting. rai 1 The Chairman explained that the flowage rights the Town has would make it unwise for anyone to build there. Mr. Newgent said he was aware of that and after the last hurricane it was checked and by noon the next day there was three inches differential in the water and there never has been any need for the flowage rights. He said that Dr. Shannon and Rupert Stevens claim to have lost 250 yardi of gravel and they want $7,000 for the property. He suggested giving them two years to take the gravel out which will then make the property in good condition for recreational purposes, release the injunction on the condition that they deed the land to the town. He said they would be willing to fence in the area. The Chairman said that if this is in litigation and the Board of Appeals has the right to whether they can remove gravel or not, it is a mixed up problem. He explained that they would have to go to the Board of Appeals to obtain permission to remove the gravel. Mr. Reed explained that it was the Board of Appeals who stopped them and not the Board of Selectmen. The Chairman asked if the town wanted the land for recreation and Mr. Newgent replied in the affirma- tive. Mr. Reed said that the answer to that could be decided only by Town Meeting. The Chairman stated that before the property can be used for recreation or anything else considerable expense will be involved. He said that no matter how hot and dry it was last summer the water in the pit was still there,and it cannot be used until it is filled with gravel, and suggested that the subject be brought up at the annual Town Meeting. Mr. Newgent said he couldn't do that and Mr. Reed explained that if the Recreation Committee and the Planning Board recommend acquiring the property for recreational purposes they will present it to Town Meeting. Mr. Newgent said he was hoping Town Counsel would go along with this. Mr. Reed said that it.should be determined whether or not the Town wants the land and the subject has not been tossed around. There :gust has not been a Town Meeting since it was brought up. Mr. Newgent said that Murray Dearborn wrote him a letter re the Town of Lexington and Frissore who is trying to purchase some tax title property. He said that Frissore agreed with the understanding that the sewer was expected in the area within one year. Now he finds that the sewer is from three to five years away and this puts a different light on the situation. 209 Newgent re: North St. gravel pit 210 Frissore tax title offer f Bertwell Road Mr. Frissore wants the Board to delete the clause regarding the sewer. He will install septic tanks in, frobt of';the: housesor.-irill'.purchase the lots at a lower price and hold them until the sewer is put in. The Chairman said that the Board found out how much had been paid for lots in that area and felt that the lots were worth at least whet a developer would pay._ He explained that there were seven build- ing lots so the Board said seven lots would. be *7700. An estimate was made of what the taxes would be for two years, the cost of land courting deducted and arrived at the figure just under 0,000. He said the Board felt the lots were worth $5,000 and there was no misinformation. Mr. Reed explained that the Board did not want to sell the lots and the waiting period was the deal Mr. Frissore made. He said the Board does not want to sell tax title property until the sewer is put in .and that is the reason for the agreement. Mr. Maloney said he mentioned that the trunk line would be in within a year and it would be after that the laterals would be put in. He stated that it was Mr. Frissore's suggestion to purchase the lots to protect himself because he owned the lots on the other side of the street. He felt that putting in,water would enable anyone purchasing these lots to tie into the main:he installed. Mr. Reed suggested that Mr. Frissore make an appointment to meet with the Board and discuss the subject himself. Mr. Newgent retired at 9:25 P.M. Mr. George Wemyss, and others, met with the Board. in regard to the construction of Bertwell Road. The Chairman said that Mr. Wemyss had requested a hearing and the Board would let him open the discus- sion. Mr. Wemyss, 75 Bertwell Road, Mr. Chase, 60 Bertwell Road, Mr. Mullen, 69 Bertwell Road,•Mr. Taft, 61 Bertwell Road and Mr. Hart, 65 Bertwell Road en- tered into the discussion. Mr. Burns explained that when a taking is made the Town acquires the property from the property line on one side to the property line on the other side. Where the road is put or.graded is a matter for the Town to decide. Any owner feeling aggrieved can file a claim for damages within one year from the date of entry, but usually the problems are solved without legal action. He explained that there is con- siderable work to be done on the shoulders and the street is merely ready for the pavement. CZ 1 • Chairman: You people asked for the hearing. We will let you take over. Weymss: We have asked for this hearing to get a couple of points clarified. We are not hear to talke about any personality. We would like to know why, when originally staked out for removal it was approximately 3 feet in depth of frontal property not removed from 61-67 Bertwell Road known as Hart and Taft property and why did a town employee move stakes about 32" from the Taft property to the roadway to conform to the manner in which the road bed had been excavated. We ma ail if the t and Taft properties are not c re $ tq 4n. �FJfltional width of three feet safet ac or re volved; one lack of space for snow removal. During the winter this would cause a serious hazard when the snow is attempted to be pushed on that side it will fall back on the road and create an ice problem. The lack of of space to the side of the roadway may be a hazard for children. Many children live on the street and we knew when we asked for it that traffic would be heavier. Having no room to the side of the road bed at those two pro- perties, and being in the proximity of the hill, it will make it unsafe. You have nowhere to move off the road in that spot. If a car stops fast coming over that hill all you have is a stonewall to smack into. The fire hydrant near those two properties is at present buried in the side of the hill and if not totally useless is almost useless. I understand there have been complaints in the past about it. It is my* personal understanding that the hydrant is sup- posed to be near the road bed. Due to not cutting the property in question it still remains a dis- tance from the road bed. You have a very definite jog which will not conform at all to the curve of the plan. We believe that the other property owners are entitled to its removal for the reasons I have mentioned. Taft: I would like to correct one thing. There is another house involved and that is Bob Deans which was only raken back to the edge of the pave- ment. Chase: Not to contradict anyone, it would be my opinion that the base lines in question are well lined up but the slopes is what differs considerably. Mullen: When they start to go up the hill from my property they create a banking. Everything they have done is perfect up to my house. The width of the road is all right but the left- hand side of the road going up there is no apron which there should have been, Chase: That portion, the bank at the base now has a nearly vertical cut of soil bank which is left from where it was cut off to make room for the pavement. It will mean a re-grading of the banking or a small retaining wall. Hart: My story about the embankment. I think it is too far out coming out of the driveway. The children can't t]als se . If more did come off it would • uudh btLerr Chairman: I will ask that Mr. Burns speak for the Board of Selectmen. James: Why don't you explain how a street is laid out, how the land is acquired and the rights after. it is laid out. Burns: When a taking is made the town acquires the pro- perty from the property line on one side to the property line on the other side. 2. 211. He stated that he cannot explain what one indi- vidual workman will do and when Mrs. Dean celled he ordered the shovel taken out but that did not inter- fere with the work on the road. He explained that, starting from where there is no cut, there will be a three foot shoulder back to where it runs out again. He said that there will be a three foot shoulder there before the grading starts. Mr. Burns referred to a statement made that the stakes were moved and he explained that the workman was not a town employee and the foreman always sets the stakes where he is working and they will be found in and out of the street. He stated that the hydrant is merely a detail and is not on the edge of the pavement but is back three or four feet. ° Mr`. Burns said that the town does not usually put in retaining walls because of the expense, and the town maintains the slopes until the grass catches. The group retired at 9:50 P.M. The Chairman reported on the interviews he, Mr. Reed and Mr. Maloney had with the Town Manager in Brunswick, Maine and also the -City Manager in Port- Superintend - land relative to Mr. Gayer, applicant for the posi- ent of tion of Superintendent of Public Works and Town En- Public Works gineer. The Chairman put a call through for Mr. Gayer and reported to the Board that he would accept the position if appointed at a salary of $8500 per year. Upon motion of Mr. Gay, seconded by Mr. Reed, it was unanimously voted to appoint Richard J. Gayer, 17 Wheeler Park, Brunswick, Maine to the position of Superintendent of Public Works and Town Engineer at a salary of $8500 per year. (Mr. Burns asked to be relieved of his duties in September.) It was agreed to allow Mr. Gayer time to make necessary preparations in regard to his present posi- tion and ask that he assume his duties in Lexington not later than December let. It was further agreed to advise him that°the Board would have no objection to his making a few trips to Brunswick to assist the department which he is leaving. The meeting adjourned at 10:35 P.M. A true record, Attest: le lect en 212 SELECTMENtS MEETING October 31, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 31, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. The Clerk was also present. Hearing was declared open upon peitition of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate six Pole poles, guy wire and anchor on Winchester°Drive. Mr. location Mahon, representing the Boston Edison Company; was the only person present at the hearing. He explained that the petition is for an exten- sion of existing line for the DeVries Construction Company, And the Chairman reported that the proposed locations have been approved by Mr. Burns, Superin- tendent of Public Works. Hearing was declared closed at 7:35 P.M. and Mr. Mahon retired. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following go pole loca- tions: Winchester Drive, southeasterly from a point approximately 1,040 feet southeast of Fiske Road. Six poles - guy wire and anchor on sixth pole. The Chairman read a letter, copy of which was sent to each member of the Board, from the Metro - Group politan Life Insurance Company, advising that Harvey Insurance A. Smith, Roy Johnsen and Charles E. Heath, residents of Lexington would like to submit a proposal for Group Insurance for Town employees. Mr. Reed felt that the other three agencies who were interested might like an opportunity to resubmit a proposal and explained that the employee pays half and the Town pays half with the dividend going to the Town. Mr. Maloney felt that inasmuch as the employees have manifested no interest, it would be better to defer any action until the proposition is pJesented by the employees. The Chairman was authorized to advise the Metro- politan Life Insurance Company that the subject had been presented by three different groups and discussed 1 213 for several years. However, inasmuchas the employees have never shown any interest in the subject, the Board prefers not to go into it any further at the present time. The Chairman read a letter from Mrs. Edward DeHart, 8 Warren Street, requesting installation of signs -to warn motorists of Children playing in the area. The Clerk was instructed to refer the communi- cation to the Superintendent of Public Works. Notice was received from the City of Waltham re petition for approval of a plan and profile of a Hearing proposed street and adjacent lots on an area of land situated on the northerly side of Trapelo Road, formerly owned by George Cross. No action was taken. The Chairman read a letter from the East Lex- ington Men's -Club asking that arrangements be made Traffic to have'a police offieet; on duty between 4:00 P.M. and 6:00 P.M. on Massachusetts Avenue between Curve and pleasant Streets. Mr. Reed said that there just isn't an officer available to assign to traffic duty during those hours, and suggested that the Chairman find out whether or not a State Police Officer could take over the duty at'Aedess Road thereby relieving a local officer. The possibility of installing a traffic light at Wardrobe's drugstore was also discussed and the Chairman'agreed to confer with the Chief of Police and report to the Board next Monday night. The Chairman read a letter from the Board of Fire Commissioners advising that apparently there Aerial has been some misunderstanding as they were under .ladder test the impression that a teat of the aerial ladder was authorized by the Selectmen. They would like in- structions as to whether or not a test'should be conducted. It was agreed to have the Chairman telephone the Board of Fire Underwriters and find out what the requirements for aerial ladders are, whether 'or not they are inspected and if so who does the inspec- tions in this area. Upon receipt of this informa- tion, an appointment is to be made for the Fire Com- missioners to meet with the Board. Mr. Stevens, Town Counsel, met with the Board at 214 8:00 F.M. He brought the Board up to date on the progress being made in re the parking area between Waltham and Muzzey Streets. Upon motion duly made and seconded, it was voted Ext. of Purse.& to sign an Extension of Purchase and Sale Agreement Sale Agreement between the Town and Henning W. Swenson dated October 214, 1955 until 10:00 A.M. on November 30, 1955. Mr.•Stevens retired at 8:35 P.M. The Chairman reported that Mr. Ferguson, the Town Moderator, Mr. Gardner Ferguson, Chairman of the Appointment last Appropriation Committee, met with him and ap- pointed Paul A. Buckley, 139 Shade Street, a member of the Appropriation Committee for the unexpired term ending with the adjournment of the Annual Town Meeting in 1957. At 8:0 P.M. Chairman Cass, Messrs. Burnham and Cronin of the Board of Assessors and Mr. Leland Assessors Emery, former member, met with the Selectmen. • The Chairman of the Board said he would like first to discuss appointing someone to the Board to fill the vacancy caused by Mr. E'mery's resignation. He referred to the list of suggested name's sub- mitted by the Assessors and said that some of the men definitely cannot serve. He asked if the Assessors had any preference and Mr. Cass replied in the negative. He said that the Board had some difficulty in computing the list and has not ap- proached any of the suggested names. The Chairman reported that James J. Connell, Forest Street, is interested and would accept ap- poirtment. Mr. Cass said that the Assessors do not know what, in particular, the Selectmen would like to have discussed and Mr. Maloney explained that there has been some talk about the appraisal of the property in the center. Mr. Reed said that the Board did not mind assessing the houses as residential houses; but thought the land should be assessed as business. Mr. Burnham explained that last year the land where Dr. Hunt is and where Fred Johnson is was changed to 50' per foot and the land where George Smith and James Carroll is was changed to 25¢ per foot. Mr. Cass explained that the Assessors have been going up on the business land on which there are houses in which the people still live, but have not 1 215 thought it good to increase the land to the extent where the people will be forced to sell for business purposes. However, as soon as the land is put to commercial use, the assessment will be increased, but the Board does not want to drive anyone from his home, He stated that the trend is to bring the assessments up slowly. They start at $3.00 on the Woolworth Block and move down to 50¢ on the fringe area. • The Board of Assessors retired at 9:20 P.M. Mr. Ralph J. Frissore, 16 Webb Street, met with the Board in re his offer of $5,000 for tax title lots 2143-258 on Asbury Street and lots 579-584 on Edna Street. The Chairman explained that Murray Dearborn came to the Board and reported that Mr. Frissore Tax title wanted to purchase a parcel of land and the Board property informed him that it did not want to sell the lots because there was no sewer available. Then he came back and wanted to know what could be done. He was informed that it could be sold with the re- striction that it would be sewered. Mr. Dearborn said that the purchaser would purchase the lots with restrictions. The -Chairman said t hat the Board was not interes- ted in selling the lots then and is not particularly interested now. He stated that it was learned a num- ber of lots in the area sold for $1100 per lot. Mr. Frissore was going to build seven houses so the figure of $?700 was arrived at. The Board took into considera- tion estimated taxes for two years, recording of title and land court -costs and interest and arrived at a figure somewhere about $6,000 and entertained an offer of $5,000. He said the Board does not want to sell the lots and will not reduce the price. Mr. Frissore said that he understood the Board would sell the lots if he would wait until the sewer was in before he built any houses and at the time he thought the sewer would be in within a year. He then found out that the sewer would not be installed for at least three years and therefore he could not see investing money in land he could not use. The Chairman explained that the trunk line will be installed within a year but it will be another year or two before the laterals are put in. Mr. Reed explained that. it would probably be longer than that as the Board requires signatures of 75% of the owners before considering installation of sewers. 216 Sidewalks Mr. Maloney asked how Mr. Frissore could build on the other side of the street if the sewer situ- ation is so serious. Mr. Reed said that every septic tank added to the area creates that much more of a problem. Mr. Frissore said that with Mr. Lurvey.on the job there wouldntt be too much.of a problem.If he buys the other six lots and Mr. Lurvey passes thew, he could build six houses. Therefore, there will be houses.built there whether on that land or not. Mr. Reed said he realized approval of indivi- dual lots could be obtained. However, after.a period of time the land is saturated and then the problem arises. He explained that the difficulty is not when the houses are built but two or three years after. Mr. Frissore said he would not like to invest the money and.have it tied up for two or three years. He said purchasing the other six lots depends on these owned by the Town because he does not want to put in water and have someone else buy the lots and have. the water already in. He said he could not understand why the restriction could not read that all disposal.units would have to be in the front of the house, based on the premises he .could get per- mission from the Town and then if the sewer were put in, it would just mean tying in to the line. Mr. Reed said that the Board could ask the Board of Health to make a thorough study of. the area in - Volved and if there would be no problem before the sewer is installed, the Board might reconsider. The Chairman said that Mr. Lurvey would look the area over. Mr. Frissore retired at 900 P.M. Chairman Wadsworth, Messrs. Chapman, Martin, Cromwell and Mrs. Marek of the School Comafittee and Sugft. of Schools Smith met• with the Board. . Mr. Wadsworth said that the committee has re- ceived a large number of requests for additional bus service for the children and parents are very excited and tell the committee how dangerous the various and sundry streets are. He said that the bus transportation is running into a large amount of money. One thing the people do not realize is the children who have to go only 200 yards along one of these streets is just as badly off as someone who must go half a mile. He said that the committee has been wondering somewhat about what the plans Were for sidewalks in the town as far as the long range picture is concerned. He explained that they.would like to be able to tell the parents something is go- ing to be one or is not going to be done about side - 1 217 walks. He stated that the problem is serious enough with them so that they would like to know what the Selectmen are thinking in regard to sidewalks. The Chairman asked if the same problem did not arise every time a new school was opened and Mr. Wadsworth replied thatthese are not exclusively with the Maria Hastings School but the demand has been getting worse. The Chairman said, inreference to School Street, that the Board has contacted Representative Fergusbn and the State but as yet have not received a reply. He stated that he and Mr. Burns have viewed the sec- tion between Middle Street and Lincoln Street and that is the area about which he has written to Com- missioner Volpe. He explained that a sidewalk of sorts can be put in there and Mr. Burns can plow on that side of the street the way it is now. However, another plow will have to be purchased. He stated that School Street will be all right, Massachusetts Avenue will be all right on the side from Hastings Road and School Street will have a blacktop side- walk with curbing. Something may have to be put in on Lincoln Street. He explained that the Board plans to put sidewalks on Maple Street and perhaps on Lowell Street. He suggested that the School Committee ad- vise the Board where they think sidewalks are needed. Mr. Reed said that Maple and Lowell Streets are both State roads so that it is a question of what the State is going to give the Board for an answer. Mr. Chapman asked if this were a subject that the Planning Board has in its studies and Mr. Maloney re- plied that he thought they should be consulted. Mr. Reed suggested that the Planning Board give some thought to requiring the subdividers to install sidewalks. The Chairman said that if the Committee would bring in some plan as to where the sidewalks should go the Selectmen could summarize it and then present it to Town Meeting. He explained that nothing can be done this year because there just isn't any money avail- able. He said he could talk to the Planning Board, but he did not recall that they have *tory much to do with sidewalks. Mr. James aaid that sidewalks is primarily a school problem and the greater proportion of people using the sidewalks will be school children. He said he thought the sidewalks should be placed where the the School Committee seem the need for them. The Committee retired at 9:55 P.M. 218 Graduation Paper drive Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign a Sunday Movie license for the Lexington Theatre. ,Invitation was received from the Massachusetts Chiefs of Police Association and the Graduating Class to attend graduation exercises of Ninth Local Police Officers Training School on Thursday, November 3rd. Mr. James accepted and Mr. Gay agreed to attend if possible. Upon motion duly made and seconded, it was voted to grant Dr. John Murray's request, on behalf of Archbishop Cushing, for permission to conduct a paper drive on Sunday, November 6th. • The Chairman explained that there is a matter of Vacation policy that should be decided upon relative to vasa- policy tions and following a discussion on the subject, the following policy was unanimously adopted,; 1. The vaction period is from June first through Labor Day. 2. .Any employeehaving worked for the Town a.period of six months prior to June first is entitled to one weeks vacation during the vacation period. 3. Any employee having worked for the Town a period of one year prior to June first is entitled to two weeks vacation during the vacation period. 4. Any employee having worked for the Town fifteen years prior to June first is entitled to three weeks vacation, but the third week must be taken outside the vacation period unless it is con- venient to the department head to allow it to be taken during the regular vacation period. 5. Any employee having worked for the Town twenty- five years prior to June first is entitled to four weeks vacation, but the third and fourth weeks must betaken outside the vacation period unless it is convenient to the department head to allow it to be taken during the regular vacation period. The Clerk was instructed to have mimeographed copies of the policy prepared and distributed to all Town employees. 1 1 1 1 The meeting adjourned at 10t25 P.M. A true record, Attest: • •=1 / eotm41 219. 220 SELECTMEN'S MEETING November 7, 1955 A regular: meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 7, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, Maloney and James were present. The Clerk was also present. Sunday Upon motion of Mr. Maloney, seconded by Mr. James, License it was voted to sign a Sunday Movie License for The Lexington Theatre. The Chairman read a letter from Mr. Bailey A. School Simpson, 21 Moreland Avenue, protesting the decision Custodian of the Sehool Committee that a custodian must be for Scouts hired each time school property is used by Scout groups after school hours. Mr. Maloney mentioned that the school buildings belong to the taxpayers and stated that the Scouts do not have $1,000 a year to pay this fee. Mr. James reported that only recently have cus- todians been on duty for scout meetings and suggested contacting Mr. Howard Butler on the subject. He sug- gested that the School Committee, Mr. Butler, and any- one else he might want present, meet with the Board on Monday, November 114th. Invitation The Chairman received an invitation to attend Veterans' Day Services on November llth at 11:00 A.M. on the Common. The Chairman reported on request received last Traffic week from the East Lexington Men's Club that an of- ficer be assigned to traffic duty on Massachusetts Avenue between Curve and Pleasant Streets during the hours of 14:00 P.M. and 6:00 P.M. He said he discussed the subject with the Chief of Police who will start immediately to contact Mr. Otis Whitney and advise him that Lexington can no longer supply an officer for duty at Access Road. Mr. Reed mentioned that if an officer is assigned to East Lexington, it will not be possible for the Chief to have him there en Friday nights. The Chairman reported on information he obtained Aerial in re letter received last week from the Board of Ladder Fire Commissioners relative to testing the aerial ladder. He stated that he discussed the subject with 1 221 Mr. Charnock and up until now all Fire Departments have inspected their own ladders as much as Lexington did. Mr. Charnock is aware of the situation in Lex- ington but made no comment or decision. The Chairman reported that the National Fire Pro- tection Association has a new pamphlet which will show how a department can protect its own equipment. It in- volves purchasing a protractor which shows angle ele- vation of the latter. There are weights to put on the end of the ladder which will tell if it is good or not, but there is no group or bureau that actually tests the ladders. Mr. Gay said that he thought the Fixe Commissioners should be advised that the Selectmen are not interested in any further tests. The Chairman said that Mr. Charnock is doubtful if the ladder should be tested or if there is anything wrong with it. Mr. Maloney reported that the Chief said he would use the ladder any time. at any place and the Captain with whom he has talked does not think it is unsafe. Mr. James asked if testing and passing the test had anything to do with insurance ratings or any other kind of ratings and the Chairman replied in the negative. It• was decided to advise the Commissioners that, based upon information received from Mr. Charnock and reports of examinations made, no further tests are needed. The Chairman reported that Charles Heath, an Agent for the Metropolitan Life Insurance Comppny, is very Group much interested in agitating with the town employees Insurance to begin group insurance coverage. He would like per- mission, which the Charman refused, to call a meeting of all employees. The proposed coverage would include life, retirement and sickness. Mr. Reed said t hat when the time comes that the Board feels it should be recommended to Town Meeting and an appropriation requested, then itwould be time enough to call such a meeting. Mr. Maloney said that until the employees them- selves want the coverage and are willing to pay for it, the Board should not initiate the plan. Mr. James said that if and when such a meeting is called, all other agents who have shown interest in signing up town employees should be given an opportu- nity to attend. Upon motion of Mr. Maloney, seconded by Mr. Gay, Sewer it was voted to sign the following Sewer Easement Orders Orders: 222 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504. of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of November, 1955, has laid out and voted to construct a common sewer in Ash Street, a way to said town opened or dedicated to the public use which has not become a public way, from Ward Street southwesterly approximately 250 feet to Earl Street, as more fully shown on a plan entitled *Plan of Proposed Sewer in Ash St. Lexington, Mass. Scale ].'" = 40' Oct. 21, 1955 William M. Burns, Town Engineer*, abutting the premises thereon designated as Lots 35-38, 23-25, 1, Pt. 2, on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled *Plan of Proposed Sewer in Ash St. Lexing- ton, Mass. Scale 1"' = 140' Oct. 21 1955 William M. Burns, Town Engineer* is to be recorded herewith all in com- pliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: *VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject tothe assess- ment of betterments or otherwise, in such accepted or unaccepted streets or .other land as the Selectmen may determine in accordance with Chapter 501 of the Acts of 1897 and all acts in amendment thereof .and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such in- stallation and land acquisition the sum of $106,,190.00 of which $36,190.00 is to be transferred from the Sewer Assessment Fund; and thl balance of $70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treasurer with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $70,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chap- ter 44 of the General Laws, as amended, within a period not exceeding twenty years.* That the work be done by, or under the direction of the Superintendent of Public Works who shall as soon as 1 1 feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board an account thereof, and that there- after, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited. thereby, under and subject to the provisions of Chapter 2:21 of the Acts of 1926. And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record in the Registry of Deeds for the Southern District of said County, as a statement of our action in the prem- ises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws. The assessments so to be made are estimated, and the estates upon which assessments may be so made, are numbered in the numbering of said street or otherwise designated, as set forth in the schedule hereto annexed and made a part hereof. Attest: Leon W. Bateman Frederick M. Gay Haskell W. Reed William E. Maloney Raymond W. James Hazel J. Murray Clerk TOWN OF LEXINGTON Selectmen of Lexington Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Ash Street from Ward Street . southwesterly approximately 250 feet to Earl Street. Supposed Owner Block Lot NO.* No. Area Assessment Clifford D. & Eleanor F. :16: 35-38 9,900 $3146.50 Fleming h/w `1 2 3 224 Block Lot Supposed Owner No. No. Area Assessment Town of Lexington 3 23-25 7,750 $271.25 Theresa DeFelice 3 1, Pt. 2 4,000 140.00 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER .The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in additon thereto< -:and in amendment there- of, here-of, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of November, 1955, has laid out and voted to construct a common sewer ih Avon Street, a way in said town opened or dedicated to the public use which has not become a public way, from Myrtle Street southeasterly approximately 325 feet to Cefitre Street, as more fully shown on a plan entitled 'Plan of Proposed Sewer in Avon St. Lexington, Mass. Scale 1" = 40' Oct. 21, 1955 William M. Burns, Town Engineer", abutting the premises thereon designated as lots 1, 2, 3, 4, 5, 6, 7, 8, 9, on the Assessors' plans and does hereby order that the same be con- structed in said location. A plan entitled "Plan of Pro- posed Sewer in Avon St. Lexington, Mass. Seale 1a = 40l Oct. 21, 1955 William M. Burns, Town Engineer" is to be re- corded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may de- termine in accordance with Chapter 504 of the Acts of /897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $106,190.00 of which $36,190.00 le to be transferred from the Sewer Assessment Fund; and the balance of $70,000.00 is to be provided by the issue of 1 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 $70,000.00 and issue bonds or notes of the Town therefor, to beayable in accor- dance with the provisions of Chapter 44 of the General Laws, as amended, within aperiod not exceeding twenty years.* That the work be done by, or under the direction of the Superintendent of Public Works, who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board an account thereof, and that thereafter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 192 And it is further ordered that a eopy of this Ogler, attested by the Clerk of the Board, be filed for record 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 317 of Chapter 83 6f. the General Laws. The assessments so to be made are estimated, and the estates upon which assessments may be so made, are num- bered um-bered in the numbering of said street or otherwise desig- nated, as set forth in the schedule hereto annexed and made a part hereof. Attest: Hazel J. Murray Leon W. Bateman Frederick M. Gay Haskell W. Reed William E. Maloney Raymond W. James Clerk Selectmen of Lexington 225 226 TOWN OF LEXINGTON Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Avon Street from Myrtle Street sou.theaeterly approximately 325 feet to Centre Street. Supposed Owner Town of Lexington Henry E. Lowe Henry E. & Clara W. Lowe h/w Leverett C. Bishop Town of Lexington Joseph Ambarik Town of Lexington Mary T. Talbot 0/0 Frank Grazulis Block Lot Number Number 31 30 1, 2 Area Assessment 27,500 $962.50 5,000 175..00 3o 3 2,50o 3o 4 2,500 . 3o 5 2,50o 30 6 2,500 30 7, 8 5,000 30 9 .2,500( COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. ORDER FOR CONSTRUCTION OF SEWER 87.50 87.50 87.50 87.50 175.00 87.50 Town of Lexington The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 50h of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of Novem- ber, 1955, has laid out and voted to construct a common sewer in Centre Street, a way in said town opened or dedi- cated to the public use which has not become a public way, from Avon Street southwesterly approximately 645 feet to Ward Street as more fully shown on a plan entitled "Plan of Proposed Sewer in Centre St. Lexington, Mass. Scale 1e = 401 PCJ 1 1 227 Oct. 21, 1955, William M. Burns,Town Engineer", abutting the premises thereon designated as lots 21, 22, 8-11 inc., 19-22 inc., 10, 11, 22-24, 25A, 1, I., 1-3 inc., 28, 29, 23-27 inc., on the Assessors' plans and does hereby order that the same be constructed in said location. A plan .entitled *Plan of Proposed Sewer in Centre St. Lexington, Masa. Scale 1" = 401 Oct. 21, 1955, William M. Burns Town Engineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: *VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, abject to the assess- ment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may de- termine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment or otherwise acquire any fee, easement or other interest in land necessary there- for; and to appropriate for such installation and land acquisition the sum of $106,190.00 of which $36,190.00 is to be transferred from the Sewer Assessment Fund; and the balance of $70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treas- urer with the approval of the Selectmen, be and he here- by is authorized to borrow the sum of $70,000.00 and issue bonds or not&, 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."' That the work be done by, or under the direction of the Superintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and re- turn to the Board an account thereof, and that thereafter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record 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. The assessments so to be made are estimated; and the estates upon which assessments may be so made, are num- bering of said street or otherwise designated; as set 228 forth in the schedule hereto annexed and made a. part , hereof. Attest: Hazel J. Murray Leon' W. Bateman Frederick M. Gay Selectmen • Haskell W. Reed of William E. Maloney_ Lexington Raymond W. James Clerk TOWN OF LEXINGTON Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Centre Street from Avon Street southwesterly approximately 645 feet to Ward Street. Supposed Block Lot Land Ct. Owner No. No. Cert. No. Area Assessment Gabriel M. & Gilda Bello h/w 29 21,22 7,200 $252.00 Nelson F. & Marion N. Fleming h/w 29 8-11 inc. 114,1400 504.00 Francis C. & Joan B. Terrasi h/w 30 19-22 inc. 12,500 137.50 Town of Lexington 30 10,11 6,250 218.75 James F. & Florence , 22-214 inc., M. Sawyer h/w 18 25A 72652 12,000 420.00 Ellen E. Rowell 18 1, 2 7,920 277.20 Shadrack M. Jr. & 95 1-3 inc. 9,375 328.12 Jeanette C. Wislon h/w 1 1 Supposed Owner Block Lot No. No. 229 Land Ct. Cert. No. Area Assessment Manuel A. & Lavinia, A. Cunha h/w Manuel A. & Lavinia A. Cunha h/w Middlesex, ss. 95 28, 29 5,000 $175.00 95 23-27 inc. 1.9663 12,500 1437.50 COMMONWEALTH OF MASSACHUSETTS Town of Lexington ORDER FOR COUSTRUCTION OF SEWER The Board of Selectmen of the Wown of Lexington, acting in pursuance of the provisions of Chapter 501 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of November, 1955, has laid out and Voted to construct a common sewer in Earl Street, a way in said town opened or dedicated to the public use which has not become a public way, from Ash Street southeasterly approximately 125 feet, as more fully shown on a plan entitled "Plan of Proposed Sewer in Earl St. Lexington, Mass. Scale 1* = 40' Oct. 21, 1955, William M. Burns, Town Engineer*, abutting the premises thereon designated as lots 26-30 inc., 31-34 inc., 35-38 inc., 1-5 inc., 6, 7, 8, 9-15 inc., on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Earl St. Lexington, Mass. Scale 1'" = 140' Oct. 21., 1955 William M. Burns, Town Engineer* is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows:; *VOTED: That the Selectmen be and they hereby are author- ized to install sewer mains, subject tothe assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Seleetmen may determine in accorll dance with Chapter 5014 of the Acts of 1897 and all acts in amendment thereof and -in addition thereto , or otherwise, and to take by eminent domain or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $106,190.00 of Which $36,190.00 is to be transferred from the Sewer Assessment Fund; and the balance of $70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treasurer with the approval of the Selectmen, be 230 and he hereby is authorized to borrow the sum of $70,000.00 .and issue bonds or notes of the Town there- for, to beayable in accordance with the provision s of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years." That the wDrk be done by, or under the direction of the Superintendent of Public Works, who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board an account thereof, and that thereafter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and sub- ject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this Oxder, attested by the Clerk of the Board, be filed for record 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. The assessments so to be made are ettimated, and the estates upon which assessments may be so made, are num- bered in the numbering of said street or otherwise desig- nated, as set forth in the schedule hereto annexed and made a part hereof. Leon W. Bateman Frederick M. Gay Selectmen Haskell W.. Reed of William E. Maloney Lexington Raymond W. James Attest: Bezel J. Murray Clerk Cs 1 231 TOWN OF LEXINGTON Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Earl Street from Ash Street southeasterly approximately 425 feet. Supposed ,Owner Hugh C. Tupper Hugh C. Tupper Town of Lexington Block No. 3 Lot No. 26-30 Inc. 3 31-34 Inc. 3 35-38 Inc. Clifford D. & Eleanor 4 1-5 Inc. F. Fleming h/w John F. Fleming 4 6, 7 c/o Clifford D. Fleming Eleanor F. & Clifford 4 8 D. Fleming h/w Town of Lexington 4 9-15 Inc. Land Cou1t Cert. No. Area Assessment 69136 12,500 $437.50 10,000 350.00 10,000 350.00 12,750 446.25 5,000 175.00 2,500 87.50 17,500 612.50 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power andsuthority hereto enabling, at a meeting duly held this seventh day of November, 1955, has laid out and voted to construct a common sewer in Locust Street, a way in said town opened or dedicated to the public use which has not become a public way, from easement near Garfield Street southeasterly approximately 290 feet, as more fully shown on a plan entitled »Plan of Proposed Sewer in Locust St. Lexington, Mass. Scale 1 »= 401 Oct. 21, 1955 William M. 232 Burns Town Engineer" abutting the premises thereon de- signated as lots 40-!44 inc., 71-74 inc, 17-2! inc., 25, 26, on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Locust St. Lexington, Mass. Scale 1"'.: Lo' Oct. 21, 1955 William M. Burns, Town En- gineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may de- termine in accordance with Chapter 504 of the Acta of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such in- stallation and land acquisition the sum of *106,190.00 of which $36,190.00 is to be transferred from the Sewer Assess- ment Fund; and the balance of *70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treasurer with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $70,000.00 and issue bonds or notes of the Town therefor, to be payhble in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years." • That the work be done by, or under the direction of the Superintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board an account thereof, and that thereafter, one half of the cost bf construotion •.thereo ';: sha ltbeassessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record 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. The assessments so to be made are estimated, and the estates upon which assessments may be so made, are num- bered umbered in the numbering of said street or otherwise desig- x. cto 1 nated, as set forth in the schedule hereto annexed and made a part hereof. Leon W. Bateman Frederick M. Gay Selectmen Haskell W. Reed of William E. Maloney Lexington Raymond W. James Attest: Hazel J. Murray Clerk TOWN. OF LEXINGTON Schedule of estimated assessments and estates to be assessed, annexed to Sewer Order for construction of sewer in Locust Street from easement near Garfield Street southeasterly approximately 290 feet. Block Lot Supposed Owner No. No. Town of Lexington 9 40.44 Inc. Town of Lexington 1 71-74 Inc. Town of Lexington 59 17-24 Inc. Emma K. Williams 59 25, 26 Area Assessment 12', 75o 10,800 21,050 5,90o *446.25 378.00 736.75 206.50 233 234 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR"CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance"of the provisions of Chapter 501 of the Acts of 1897 and all acts in addition thereto and in amend- ment thereof, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of Novem- ber, 1955, has laid -out and voted to construct a common sewer in Myrtle Street, a way in said town opened or dedi- cated to the public use which has not become a public way, from Brook Street wouthwesterly approximately 745 feet to Avon Street, as more fully shown on a plan entitled »Plan of Proposed Sewer in Myrtle St. Lexington, Mass. Seale 1" _ )401 Oct. 21, 1955, William M. Burns, Town Engineer", abutting the premises thereon designated as Lots 1-3, 15, 16, 17, 18-21, 1-i, 48, 49, 31-34, 29, 30, 26, 7-10 on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Myrtle St. Lexington, Mass. Scale 1" =140' Oct. 21, 1955, William M. Burns, Town Engineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: "VOTED: That the Selectmen be .and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may deter- mine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to takeby eminent domain or otherwise acquire any fee, easement or other interest in land neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $106,190.00 of which $36,190.00 is to be transferred from the Sewer Assessment Fund; and the balance of $70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treasurer with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $70,000.00 and issue bonds op notes of the Town therefor, to be payable in accordance with the provisions of Chapter 1414 of the General Laws, as amended, within a period not exceeding twenty years." That the. work be done by, or under the direction of, the Spperintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of. the same and return 1 1 235 to the Board an account thereof, and that thereafter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of ,the Acts of 1926. And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record .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 Chap- ter 83 of the General Laws. The assessments so to be made are estimated, and the .estates upon which assessments may be so made, are num- bered in the numbering of said street or otherwise desig- nated, as set forth in the schedule hereto annexed and ,made a part hereof. Attest: Hazel J. Murray Leon W. Bateman Frederick M. Gay Haskell W. Reed William E. Maloney Raymond W. James Clerk TOWN OF LEXINGTON Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in:Myrtle Street from Brook Street southwesterly approximately 7L5 feet to Avon Street. Selectmen of Lexington Supposed Owner Block Lot Land Court No. N.o. Area Cert. No. Assessment Town of Lexington 72 1-3 9,680 $338.80 236 Supposed Owner Teresa Massucco Town of Lexington Teresa Teresa Donald Massucco Massucco A. Cameron John J. & Mary J. Shinnick h/w Andrew & Theresa Massucco h/w Martha F. Titus c/o Ruth L. Baker, Gdn. Block No. 72 72 72 75 73 73 Lot Land Court No. Area Cert. No. 15,16 17 18-21 1-4 46,49 31-34 5,450 2,500 10,000 10,000 7,460 10,000 73 29,30 6480 74 26 Malcolm & Doris I. 32 7-10 Conant h/w 3,700 10,500 Assessment $190.75 87.50 350.00 350.00 261.10 79722 350.00 300.30 129.50 367.50 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Aats of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this seventh day of Novem- ber, 1955, has laid out and voted to construct a common sewer in Ward Street, a public way in said town, as more fully shown on a plan entitled "Plan of Proposed Sewer in Ward St. Lexington, Mass. Scale- 1" = 40' Oct. 21, 1955 William M. Burns, Town Engineer*, abutting the premises thereon designated as lots 25B, 26, 27, 28, 29, 30, 31, 32-36 inc., 37, 38, 39-41 inc., 20-26 inc., 27-31 inc. 32-38 inc., 1, 2. 3-6 inc., 7-9 inc., 10, 11, 12-14 inc., 15, 16,• 17, 18, 19, 1-5 inc., 6-51 inc., 10-13 inc., 14, 15, 16-19 inc. on the Assessors' plans and does hereby fat 1 order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Ward St. Lexington, Mass. Scale 1" = 140' Oct. 21, 1955 William M. Burns, Town Engineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held March 21, 1955 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise, in such accepted or un- accepted streets or other land as the Selectmen may de- termine in accordance with Chapter 50I of the Acts of 1897 amd all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $106,190.00 of which $36,190.00 is to be transferred from the Sewer Assessment Fund; and the balance of $70,000.00 is to be provided by the issue of bonds or notes of the Town, and that the Treasurer with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $70,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chap- ter )4 of the General Laws, as amended, within a period not exceeding twenty years." That the work be done by, or under the direction of the Superintendent of Public Works, who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and re- turn to the Board an account thereof, and that there§fter, one half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. • And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record 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 Chap- ter 83 of the General Laws, • The assessments so to -be made are estimated, and the estates upon which assessments may be so made, are num- bered in the numbering of said street or otherwise desig- nated, as set forth in the schedule hereto annexed and made a part hereof. - 237 238 Attest: Hazel J. Murray Leon W. Bateman Frederick M. Gfty Haskell W. Reed William E. Maloney Raymond W. James Clerk TOWN OF LEXINGTON. Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Ward Street from Centre Street southeasterly approximately 1080 feet to Ash Street. Block tot Supposed Owner No. No. Selectmen of Lexington L. C. Cert. Area Assessment Irving S. & Char—18 lotte L. Reed h/w Carmelo & Coneetta 18 Casella h/w- Sidney L. Brackett 18 Daniel Maddison 18 William G. & Anna 18 L. Lee h/w Alice G. Spear Arthur N. Lee Simon de C . Stone Town of Lexington 25B,26 27 28, 29 714606 7200 *252.00 30 31 32-36,IAo. 18 37, 38 18 39-141 Inc. 17 20-26 Inc. 17 27-31 Inc., 5000 175.00 2500 2500 12,500 5,000 8,300 19,900 14500 87.50 87.50 ►37.50 175.00 290.50 696.50 437.50 1 1 239 Block Lot L. C. Supposed Owner Np. No. Cert. Area Assessment Carmine Cuccinello 17 32-38 Inc. 17,100 $609.00 Carmelo & Concetta 19 1, 2 5,500. 192.50 Casello h/w Alfred W. Jackson 19 3-6 Inc. 10,000 350.00 19 7-9 Inc. 7,500 262.50 Joseph J. & Mar- 19 10,11 5,000 175.00 jorie P. Murphy h/w George V. a Alice M.19 12-14 Inc. 7,500 262.50 Ryan h/w Heirs of Marion Keene c/o George Ryan 15 2,500 87.50 George V. & Alice 19 . 16,17 5,000 175.00 M. Ryan h/w George V. & Alice 19 18, 19 7,000 245.00 M. Ryan h/w Russell R. Just 16 1 - 5 Inc. 12,1400 434.00 Heirs of William 16 6 - 9 Inc. 10,000 350.00 H. Kelley c/o Annie E. Kelley Harold S. & Evelyn 16 10-13 Inc. 10,000 350.00 S. Pierce h/w Stephen J. & Anna C.16 14, 15 5,000 175.00 O'Neil h/w Clifford D. & 16 16-19 Inc. 9,900 316.50 Eleanor F. Fleming h/w Letter was received from John F. Blais, attorney Tax title for James Mulcahey, Burlington, offering $1,000 for Property tax title lots 27-31 inclusive, Block 17, Ward Street. The Chairman was authorized to advise Mr. Blais that the Board will enteratin an offer of $1500 and v-' 240 also to inform him that there will be a sewer betterment levied against the property very shortly in the amount of $437.50. Sergeant - The Chairman read a letter, a copy of which Appointment was received by each member of the Board, from Mrs. Edmund Morelli questioning the fact that her husband was not appointed a Sergeant. Mr. Stevens reported that most Civil Service procedure is on the basis of taking the top #an unless there is something definite against him. It was agreed to make an appointment for Mrs. Morelli to meet with the Board next Monday night to discuss the subject. The Chairman read a letter from Mrs. A. M. Sewer Commons, 402 Bedford Street, asking whether or not Easement settlement has been re sewer easement through her property and property of Dr. Barnes and Mr. Buttrick. Mr. Stevens said that the attorney was going to discuss the matter more fully with Dr. Barnes and then get in touch with him. They felt they were go- ing to lose two lots but he said he could not see how they will lose any lot. He said the attorney was going to take the matter up with Dr. Barnes and Mri Buttrick and come back with something. The cases have not yet been disposed of and not come to trial. He suggested that the Board advise Mrs. Commons that the matter will be taken up with Town Counsel to find•out %ten he may expect trial. Worthen Rd. Contract Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign contract between the Town of. Lexington and George Brox, Inc. for Street and Drain Work, Contract No. 3 Worthen Road. Mr. Stevens presented a petition, dated today, for the Board to sign to be sent to the D.P.U. re- garding the railroad crossing at Fottler Avenue. Mr. Burns arrived at the meeting at 8:20 P.M. Water ext. The Chairman read a letter from the Burlington Burlington Board of Water Commissioners stating that it is the Board's desire to have Lexington proceed to extend the water main from a hydrant on North Street to the Burlington Line. Mr. Burns reported that no agreement has been prepared. Mr. Stevnes said that nothing should be done until an agreement is signed and recommended that 1 241 the Board advise the Hater Commissioners to have their attorney contact him as it will be necessary to have an agreement prepared and signed before any construc- tion is started. Mr. Burns reported that he needs $1950 for the Transfer balance of the year in the Building & Plumbing De- artment. Of that amount, $1900 is for wages and $50 for expenses. He explained that there are nine weeks at $100 for the Building Inspector and nine weeks at $50 for the Plumbing Inspector and at prem sent the account is in the,red about $h30. Then there is one day at the end of the year, $32. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $1900 from the Reserve Fund to the Building & Plumbing Personal Services Account and $50 from the Reserve Fund to the Building & Plumbing Expense Account. Mr. Burns said that he can see from observation that he will be ]fere beyond the first of December and Suptt. of there are sufficient funds in the Public Works.Per- Public sonal Services Account to pay his salary and the sal- Works ary of Mr. Richard Gayer. Aa a suggestion, he.said he would remain as Superintendent until the end of the year and whenever Mr. Gayer comes to`work,the Board could appoint him^as Assistant Superintendent at whatever salary has been agreed upon. He explained that this will accomplish two things. It leaves the responsibility of projects already started.on him and gives "Jr. Gayer time to orient himself and there will be no problem of accepting his resignation and then hiring him back as a consultant. Mr. Burns presented a plan of Winter Street and said that two or three years ago it was planned to go in back of Wildest property with a drain. How- ever, it was not carried out as permission could not be obtained. Mr. Sullivan now owns the lot and was refused permission by the Board of. Appeals to erect two houses. Now he wants to put up one house on the two lots and wants the town to move the drain which is all right. He explained that he was merely calling the matter to the Board's attention because undoubtedly someone will hear from Wildes or Miller. The meeting adjourned at 9:35 P.M. A true record, Attest: Drain in Winter St. 242 SELECTMEN'S MEETING November 14, 1955 A regular meeting of the Board of Selectmen was held in:the Selectmen's Room, Town Office Building, on Monday evening, November 14,1955 at 7:30 P.M. Chair- man Bateman, Messrs. Gay, James and Maloney were pres- ent. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Mr. Burns referred to the Chevrolet half -ton truck Half -ton used by Mr. 'Charles Brenton and explained that if it is truck to be continued to be used there is approximately $400 worth of work necessary on it. He stated that there is a little over $1,000 balance in the new equipment account and explained that when the budget was prepared the quoted prices were used. However, competition•has been so keen prices have been reduced. Mr. Maloney questioned the judgment of spending $400 to repair a piece of equipment five years old. Mr. Burns said that the truck has been driven about 70,000 miles which includes many miles on snow removal work. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to authorize Mr. Burns to obtain bids on a half -ton truck to replace the one now being used by Mr. Brenton. li D. Miller's sick leave Decals Mr. Burns explairn d that Donald Miller, a meter reader has polio and will not return to wA rk for at least another three weeks. He has used up all his sick leave and had one week's vacation before he was stricken. He asked if the Board wanted to continue to carry him on the payroll. Mr. Maloney asked how long he had been in the employ of the Town and Mr. Burns replied two years. The Board was unanimously in favor of continuing Mr. Miller's salary during the period he is -out with polio. The Chairman inquired about the number of decals in stock and said he thought all Town cars, including regular cruisers should have decals and the Board agreed. Donnelly claim Letter was received from Joseph C. Donnelly, 48 for Forest Street, stating that he never had any water in damages his cellar until September, 1954 when the Vine Brook 1 243 backed up and flooded the street in front of his house. In August, 1955 the brook again backed up and flooded the street at which time the water came up over his lawn and into his cellar. Mr. Donnelly stated that he believes he is entitled to recover damages from the Town and enclosed a copy of letter he wrote to the Board of Assessors requesting that his 195h taxes in the amount of *312.80 and his •i955 taxes in the amount of *326.40 be abated and refunded. Mr. Burns said that Mr. Donnelly is talking about floods from the hurricanes at which time Vine Brook did back up over the streets. • The Chairman was authorized to advise Mr. Donnelly that the matter is being referred to Town Counsel for an opinion. Mr. Stevens arrived at the meeting at 8:05 P.M. The Chairman read a letter from Henry A. Nalkasian, 10 State Street, Boeton, attorney representing Alex- Nahigian ander Nahigian, 31 Middleby Road, in regard to damage claim for by water which he claims is due to a nuisance created damages by the town. Mr. Burns explained that the culvert is not higher than the bed of the stream, this is a private street not accepted by the town and the culvert was put in about seven years ago as a courtesy. The Chairman was authorized to forward a•copy of the attorney's letter to•Town Counsel for a reply. The Chairman read a letter from Chester E. Earle, 29 Tower Road and R. L. McQuillan, 35 Tower Road in re water on their property. Mr. Burns reported that he had told both indi- viduals he would try to work out a temporary solution. To permanently correct the situation involves an ex- pensive drainage project which he has included in his budget for a number of years but which -has never been approved. At present he is working on a temporary solution which Involves obtaining permission from Mr. Earle to lay a pipe through his land, and he hopes to have it taken care of before the end of the year. The Chairman read a letter from Alfred P. Tropeano advising that he now represents Herman B. McKay in his McKay claim resulting from the Town's taking by eminent do- property main proceedings, his land with building at 35 Waltham Street. A copy of the letter is to be sent to Town Counsel. Tower Road drainage 244 The Chairman read a letter from Alfred P. McKay Tropeano advising that he has been informed by Mr. property McKay that he has removed his personal property from the building at _b5, Waltham Street. The keys to the property were delivered with the letter. A copy of the letter is to be sent to Town Counsel. Upon motion of Mr. Gay, seconded by Mr. Maloney, L .cense it was voted to sign a Sunday Movie License for the Lexington Theatre, Inc. Messrs. Burns and Stevens retired at $:25 P.M. Mr. Charles E. Thompson, 57 Tarbell Avenue. and Mr. John L. Thompson, 62 Tarbell Avenue, met with the Complaint re Board. prowler . . Mr. Charles Thompson said that there has.been.a prowler around his house for three years. He looks through the windows, runs around the house and twice gained entrance to the back entry. The neighbor across the street has chased him from Mr. Thompson's yard twice at three o'clock in the morning. He was down there again this evening at quarter past six. Mr. Thompson said he has discussed this with the Chief of Police who stated that he cannot stationed man in the area. The cruisers have been down but the police have never, been able to find him. Mr. Thompson suggested that the Chief assign one of the detectives to the job. The Chairman said he would discuss the subject with the Chief tomorrow. Both mentretired at $:.50 p.m, Mrs. Edmund B. Morelli, wife of Officer Morelli, Mrs. Morelli met with the Board, and said she would like answers re: Sergeant to the questions in her letter of November 14th. appointment The Chairman asked if her husband knew about the letter and Mrs. Morelli replied.in the. affirmative. She said they did not want to jeopardize his, job so she wrote the letter. The Chairman said that Mrs. Morelli had no reason for concern as her husband's position was not in jeopardy, he is a very fine patrolman and anything skid this evening would not affect his position. The Chairman explained that, in re the system used in the recent appointments, is the same system that every other appointing authority uses. He said that if any one of the men at the top of the list were not qualified the Board could then, with proper reason and definite explanation, skip over them. He explained that, according to Civil Service, any man 1 245 who is eligible, and all those who took the examina tion were, is eligible to fill the position. He explained that is something over which the ,Selectmen have no control, He said that one question asked was in regard to length of service and explained that length of service is one of three factors taken into considera- tion when the marks are determined. He said veterans' preference is one factor, longevity is another and the third is experience. He stated that all those things are taken into consideration by Civil Service in ar- riving at the final mark. Mrs. Morelli said that the Chairman did not go into detail as to what he did in the Army. The Chairman said that perhaps he served two years, perhaps six. He did not know how Civil Service arrives at its rating. He said he would assume that a man who had been a Military Police would be given credit for experience that might not be given to a man who was a bookkeeper. The Chairman said that the Board felt the three men who were at the top of the list were very fine men. Officer Morelli is also an excellent officer and the Town is proud of him but he did not receive as high a mark as the others. He asked what the Board could say that would be fair to the number one, two and three men. Mrs. Morelli said that other towns skip the top men and a three-year man would not be allowed to take the examination. The. Chairman explained that the Board works en- tirely under Civil Service regulations. • Mrs. Morelli asked why it was the policy of the Board to select those men and the Chairman stated that the item in the paper to which she referred was in- serted without authority from the Selectmen and she could call Mr. Adams if she wished toy. Mrs. Morelli asked who was responsible for the notice and the Chairman replied that it was a news- paper reporter, had nothing to do with the Board, did not come from the Board and that Mr. Adams was criticized by the Board. Mrs. Morelli asked if the Chairman thought it was fair to appoint the young men and he replied in the affirmative. Mrs.. Morelli presented the following statements which she said have been expressed to her husband: 1. Well, you got a raw deal. Doesn't experience count any more? 2. What's the matter with the Selectmen, putting those young fellows in: 3. Didn't you have the money to pay off? 246 4. You have to learn how to back down and say yes. 5. What incentive do you have now? 6. I guess you dontt fit. • Mrs. Morelli said that when people say things like that there is something in the wind. The Chairman said that the Selectmen do their job as best they can and one of the things they have to learn to take is criticism, good or bad. He asked how Mrs. Morelli would feel if. the situation were re- versed and her husband was one of the young men at the top of the list. Mrs. Morelli: said that her husband has been eligible more. than once, and that the young fellows have plenty of time. She asked if the Board felt what it did was fair and honest and good for the moral of the police. The Chairman replied in the affirmative, and Mr. Maloney said he did not think the Board would have made the appointments any other way. The Chairman asked if she felt Officers Woodward, Dooley and Furdon had bad characters. Mrs. Morelli said that she felt all the men in the department are disgruntled about this. The Chairman said that one. earns the appointment or does not get it, and Mrs. Morelli said that her husband earned it. Mr. Gay explained that the Chairman meant it is earned by the mark received on the examination and the Board has no criticism of her husband. Mrs. Morelli said that Civil Service said that the Board did not have to give a reason for skipping a man at all. The Chairman said that the Board could not criti- cize Paul Furdon and his work at any time. Mrs. Morelli asked if the Board couldn't have said that he had plenty of time and said that no one had talked to her husband and said they were sorry about how he feels. The Chairman explained that he had talked to her husband yesterday and twice previous to that and was given the impression that he understood the situation. Mr. Gay said that he did believe the Board had to give a reason to the Civil Service but he did not know what action Civil Service would take.. The Chairman read the following statement from the Civil Service Certification and Report Form: 'In each instance when the appointing authority ap- points or promotes, as the case may be, any. person other than the person whose name appears highest on a list certified to him or it by the Director for a 1 247 position, the appointing authority shall forthwith deliver to said Director a written statement of his or its reason for so appointing or promoting the person so appointed or promoted and no appointment or promotion of any person other than the person whose name appears highest on such list shall become effec- tive until such statement has been received by the Director. Every such statement shall be filed in the office of the Division, and shall be open for public inspection". Mrs. Morelli asked if that were so hard to do and the Chairman said that he happened to believe in young people. Mr. Gay said that he did not know Aaat Civil Ser- vice would say, but he thought she should know what has to be done and that the Board is obliged to make a statement. The Chairman said he could understand her disap- pointment and could also see the angle if her husband were number three and number five were appointed. Mrs. Morelli said it is done day after day. The Chairman explained that the Board had checked with Town Counsel, who is also a M.D.C. Commissioner, the appointing authority for State Police. Mrs. Morelli asked if the Board thought the top man was the man to get the appointment and the Chair- man+replied that he was unless there was some. good reason for not appointing him. Mrs. Morelli said she thought a man's qualifica- tions should be taken into consideration and the Chair- man explained that they had been. He said there is no question about her husband's qualifications and neither could anything be said about Paul Furdon except that he was young, but being young was not a crime. Mrs. Morelli: said she thought the older°men should be given a chance and so do many people in this town. The Chairman said that he would have disliked to appoint anyone but the first three on the list when they are as fine as these first three men are. Mrs. Morelli said that she was not convinced yet and retired at 8:20 P.M. Mr. Arthur Newell, owner of 98 Maple Street, now living in Medford; Mr. Quarndstrom, owner of 102 Maple St. Maple Street, now living at 6 Newport RoaSl,`,Medford Sewer and Miss Diana Grieves, 31 Commonwealth Avenue, Somer- ville, met with the Board. Mr. Newell said that he and Mr. Quarndstrom have built houses on Maple Street and were in the hopes to connect with the sewer so they could move in. He said that he saw Mr. Burns but he gave them no definite 248 Camp for Police & Fire Depts. date as to when the sewer will be installed. He said he paid his deposit to connect in September or October. The Chairman explained that the contract has been let for the sewer. Mr. Newell said that the only hope they have of moving illi without the sewer is to put in tem- porary cesspools and that will be costly. The Chairman said that he did not know what the Board of Health would say about cesspools but they may make an allowance. He explained that cesspools do not come within the province of the Selectmen. He said that the contr otor is presently working on Sherburne Road and having quite a time. He said that the least vital of all the sewer problems this year was down on Maple Street and that there are other sections in the town where the condition is actually a hei.ith menace. He said Mr. Burns' opin- ion today was that they might, only might, get to Maple Street some time before the end of the year. •Mr. Newell said that the engineers upstairs told him last July that it was proposed this year and would start in a month or so. He said he met the surveyor in front of his house and he said definitely it would start in three weeks and said that he was more informed on some cases than Mr. Burns. The Chairman explained that the contract was not let until the latter part of August and was not signed until the first of September. He was then given a list of areae in town in order of their seriousness. From Sherburne Road he has to stop sewage running down on top of Massachusetts Avenue. • The Chairman said he could not give a definite answer because if the ground should freeze up some of the work may be stopped. He said that the Board of Health might make some special concession but he did not know what they would do. Mr. Newell asked if the contract could°be changed and the Chairman said that the contractor has just so many men working for them. If they hire more men they have to hire more equipment. Mr. Maloney suggested that the Chairman dis- cuss the problem with the Board of Health to find out whether or not some temporary solution can be worked out. The group retired at 9:35 P.M. Letter was received from C. W. Martel, 3 Sunny Knoll Avenue, offering the use of his camp C') 1 249 at Newfound Lake, New Hampshire to deserving members of the Lexington Fire and Police Departments during the periods from about May 1 to June 20. The Chairman was instructed to send a copy of the letter to the Chief of Police and Board of Fire Commis- sioners with instructions that the information be made available to the personnel and also that they confer with Mr. Martel re working out details. Letter was received from the Planning Board advising Baskin that Jahn Baskin has offered to give Lot 36, shown on Land offer of Court Plan 24306A by Miller & Nylander, dated April 26 and land 28, 1953 to the town as a recreation area. An appointment is to be made for Mr. Baskin to meet with the Board and diseuss the subject in detail. Sealed bids for printing 500 copies of the 1954 Bids Annual Town Report, 200 copies of the School Department Report, and 50 copies of the Accountantis Report were opened• by the' Chairman and read as follows: Atlantic Typesetting Company 500 copies 200 school 50 accountant Somerville Printing Company, Inc. 500 copies 200 school 50 accountant $ 6.80 per page 123.60 64:80 14.55 per page 2.10 per page 2.10 per page Upon motion of'Mr. Gay, seconded by Mr. Maloney, it was voted to accept the low bid submitted by Somerville Printing Company, Inc. The meeting adjourned at 9:55 P.M. A true record, Attest: 250 SELECTMEN'S MEETING NoVember 18, 1955 A special meeting of the Board of Selectmen was held in the Selectmen's Office on Friday,_ November 18, 1955 at 4:45 P. M. Chairman Bateman, Messrs. Maloney and James were present. The Clerk was also present. The meeting was called by the Chairman and all members were notified by telephone. Letter was received from James J. Carroll, Town Treasurer; advising that bids for bond issue of $1,415,000 were received as follows: Halsey, Stuart & Co. Inc. & Associates Kidder, Peabody & Co. & Associates The First Boston Corporation Harriman, Ripley & Co. & Associates The Merchants National Bank of Boston Smith, Barney & Co. & Associates Goldman, Sachs & Co."&Associates Hemphill, Noyes & Co: & Associates Bankers Trust Co. & 14siociates 100.345 2..40% 100.312 2.40% 100.223 2.40% 100.13141 2.40% 100.08 2.40% 100.581 2.50% 100.596 2.50 100.22 2.5070 100.1799 2.60% Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to approve the bid of Halsey, Stuart & Co. Inc. & Associates at 100,:345 - 2.40% for the band issna of $1,415,000. The meeting adjourned P A true record, Attest: t 4.55 P. M. C= 1 251 SELECTMEN'S MEETING November 21, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 21, 1955 at 7:30 P.M. Chair- man Bateman, Messrs. Gay, Reed, Maloney and James were present. The Clerk was also present. The Chairman read a letter from the State Depart- ment of Public Works, advising that the Chapter 90 as- Chapter 90 signment of funds for the improvement of Winchester Drive have been reduced to read as follows: State 412,000 - Town $6,000 and County $6,000. Letter was received from the County Commissioners advising that a second hearing on petition for spots- Winchester fit repairs of Winchester Drive will be held on Decem- Drive ber 2nd at 10:)40 A. M. Notice was received from Commissioner Volpe, De- partment of Public Works, advising that the State will Snow assist in plowing Route 2A, Town Gap, 0.20 miles. Removal The Board was in favor of continuing the arrange- ment made in previous years whereby the State will re- move snow from the entire length of Maple Street and the Town will plow Massachusetts Avenue. Letter was received from the Metropolitan District Commission, together with statement indicating the un- expended balances of funds previously appropriated or MDC funds authorised to be used in connection with the improve- ments or extensions to the MDC Water Supply System. Mr. Stevens advised the Board when he arrived at the meeting that no action is necessary, Letter was received from the State Department of Public Works relative to the matter of a sidewalk on Sidewalks Marrett Road between Cary Avenue and Lincoln Street. The subject is to be investigated and following re- ceipt of a report from the District Highway Engineer the department will advise the Board further. The Chairman reported that he went up to the area with the Chief of Police, Mr. Burns and a representa- tive from the State. It is believed that the State can do something this year although ledge may be encountered. The Chairman notified the people on School Street. 252 Group Ins. Transfer Town Celeb. Committee Expenses Certificates of Inc. Letter was received from the Aetna Life Insur- ance Company advising that legislation now permits municipalities to provide a Plan of Group Insurance for employees and that if contacted the company could arrange for the preparation of a complete pro- posal in accordance with law. Letter was received from the Needham Taxpayers' Association, Inc. re meeting to be held on Thursday evening, December 1, 1955, 8:00 P.M. at the Broad- meadow School in Needham. Letter was received from the Board of Appeals ad- vising that the following amounts are needed for the balance of the year: Hearings to December 31, 1955 57 hearings @ $2 Advertising of hearings averaging $5 an insertion 25 advertisements Stationery, typewriter service, printing, etc. Balanee on hand $ 11)4.00 125.00 80.00 31 .00 10 .2 21 .7 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to request the Appropriation Committee to transfer the sum of $220 from the Reserve Fund to the Board of Appeals Expenses Account. Letter was received from the Town Celebrations Committee requesting payment of $9.82 to Mrs. Edith B. Cheever, Secretary, expenses incurred in connection with UN Day. A request was also made for $5.00 to pay for cards and postage. The Clerk was authorized to charge both amounts to the Selectmen's Unclassified Account. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign the following Certificate of In- corporations; satisfactory character references hav- ing been received from the Chief of Police: Gloria N. Lerner, 28 Oakmount Circle, the Mended Hearts, Inc; James F. O'Neil, 14 Philip -Road, Mystic Valley Master Plumbers' Association Incorporated; Duncan E. Macdonald, 12 Hilltop Road, Cinema -X Incorporated. C= 1 253 Letter was received from John J. Shaughnessy, 4)4 Garfield Avenue, Woburn, requesting permit to move two 1Q story houses, approximately 26' x 46' from 76 Water- town Street to 163 and 165 Spring Street. State per- Permit mite for the use of State highway will be obtained by Mr. Shaughnessy. Upon motion duly made and seconded, it was voted to grant the permit, subject to the usual provisions. The Chairman read a letter from John F. Bliss, at- torney for James Mulcahey advising that his client is Tax title interested in purchasing lots 27-31 inclusive, Bioak property 17, Ward Street, at the Board's figure of $1500 and betterments. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to advertise the lots for sale and to give the offer further consideration at the next meeting. Mr. Harold E. Stevens, Town Counsel, arrived at the meeting at 8:05 P.M. Application was received from Frank A. Folino, 16 Fairlawn Lane, requesting permission, on behalf of the Sun Valley Associates, Inc., to conduct a meeting in Estabrook Hall on Thursday evening, Dec- ember 1, 1955 from 8:00 P.M. until 11:00 P.M. Upon motion of Mr. Gay, -seconded by Mr. Reed, it was voted to grant the request, free of charge subject to a fee of $1.50 per hour for janitor's overtime services. Application was received from Mrs. James W. Smith, Jr., 3 Chandler Street, requesting permission, on behalf of The Minute Man Council, to conduct meet- ings in a conference room the second Wednesday of February, March, May and June from 9:30 A.M. until noon. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the uses of the conference room free of charge. Verbal request was received by the Clerk from Murray G. Dearborn, on behalf of the Stanley Hill Post, American Legion, for permission to conduct meetings in Estabrook Hall the third Monday of each month to July 1; 1956. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the uses of the hall, free of charge but subject to a fee of $1.50 per hour for janitor's overtime services. - Use of hall Use of hall Use of hall 254 License Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant a Sunday Movies License to the Lexington Theatre, Inc. Upon motion of Mr. Reed, seconded by Mr. Gay,. it Warrant was voted to establish Tuesday, January 3, 1956 as the closing date for receiving articles to be inserted in the warrant for the 1956 Annual Town Meeting: the first Monday in January being a holiday. Order of Upon motion of Mr. Reed, seconded by Mr. Gay, itt Taking was voted to sign an Order of Taking of 16 Muzzey Street. The Chairman reported that Nathan Bidwell, at Parking tprney for Mr. Hunt, called him and claimed that the Area Town had taken down a property line on his property. The Chairman told Mrs. Bidwell that, the Town is going to erect a fence all around and leave passageway through the Hunt property. Mr. Maloney said that there had been some discus- sion but nothing has been decided and he suggested that the Chairman obtain a letter from Mr. Bidwell on the subject. At a:1{0 P.M. Mr. W. John Baskin met with the Board. Baskin offer The Chairman explained that the Selectmen had of land for received a letter from the Planning Board about land recreation at Route 128. Some members of the .Board had viewed the property and also looked at a map describing it. He said perhaps Mr. Baskin could give them more of his ideas on the matter. Mr. Baskin said that he thought there was about 4$ acres. If lot #36 was not used for a playground there would be parking in front of the houses along there. He said lot 23 should go with 36. He has promised lot 22 but has been waiting for the town to take a drainage easement before completing the sale. Mr. Reed asked if Mr. Baskin had .the easement and he replied in the negative and explained that he has talked to Mr. Burns and Mr. Stevens who are work- ing on it. The Chairman asked if Mr. Baskin intended to give the town Lot 23 and he replied in the affirmative. He said that last year he mentioned the matter to the Planning Board and has held the lot just in case the Town is interested in having it. He said he intended to give it to the Town, but if the Town is not in- terested, he can sell it.. The Chairman asked how much of the area could be 1 1 used and Mr. Baskin said that he thought it all could be used but it will require a little drainage work. Mr. Baskin said that there is only one drain bb.tt: it would be better to have another. Mr. Reed asked if the easement is supposed to be on the lot that Mr. Baskin is dffering the town and he replied in the negative. The Chairman explained that the offer would have to be presented to a Town Meeting and there is no question but that this Board would recommend acceptance. Mr. Baskin retired at 8:50 P.M. Letter from Brewer & Lord listing Agents who are to participate in the distribution of commission on the Town Insurance was held over from last week. The Chairman reported that Norman A. Downs is go- ing to move out of Town. Mr. James said that he thought the schedule should be completely revised, that there is no justification for a list such as this. He said he would like to see those agents with active businesses in Town included on the list. Mr. Maloney mentioned that a revision would un- dob.btedlyI:auae considerable confusion. For now where there are two people going off, and at least 'bwo people in business who should go on, he suggested in- cluding Lincoln P. Cole and Otis S. Brown, Jr. Mr. Reed explained that Mr. Downs cannot be re- moved from the list until he moves out of town. Mr. Maloney said that he thought Mr. Cole should receive the.larger percentage. Mr. James recommended giving each of them 2.250 and whatever is left, give to Brewer & Lord. Then when Mr. Downs does move, give it to Otis S. Brown. It was unanimously agreed to establish a new policy, relative to future additions to the list, whereby Agents must be individuals who have insurance .offices in the Town of Lexington and who also must be residents of Lexington. The meeting adjourned at 9:00 P.M. A. true record, Attest: 255 Insurance 256 Licenses SELECTMEN'S MEETING November 28, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 28, 1955 at 7:30 P.M. Chair- man Bateman, Messrs. Gay, Reed and James were present. 'The Clerk was also present. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: Lexington Theatre 1791 Mass. Ave. Sunday Movies Lex. Liquor Mart, Inc. 18 Mass. Ave. Package Store Berman's Market, Inc. 12-14 Mass. Ave. Package Store Uses of hall Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls: Five Fields Corp. Estabrook Dec. 6 Meeting Simon i.. Robinson Lodge Cary Apr. 21 Dinner & Dance The Chairman referred to the action taken by the . Board last week relative to allocating 2.250% of the Insurance town insurance commission to Lincoln Cole, Jr. and re- ported that he no longer maintains an office in Lexington. It was unanimously agreed to give 2.250% to Otis S. Brawn, Jr. and the balance to Brewer & Lord. The Chairman read a letter from M. G. Dearborn, on Legion behalf of the Stanley Hill Post, American Legion, re- Room questing a key to the Legion Room in Cary Hall. Mr. Dearborn claimed that the room is used by various or- ganizations and it is often in an untidy condition. The Board was unanimously opposed to giving a key to any or- ganization and the Chairman agreed to check with Mr. Rochette to obtain information relative to the'room be- ing used by other, organizations. Mr. Burns arrived at the meeting -at 7:55 P. M. He explained that he has a man in his office (Mr. Salary Jefferson) who has taken over a considerable volume of increase the late Mr. Harrington's work and he would like to in- crease his salary from $67.30 per week to $77.30 per week. He stated that Mr. Jefferson is doing his own work and more. 1 Mr. Reed asked if he would be doing the extra work all the time and Mr. Burns replied in the affirma- tive. He said that he will do the estimating and has been handling all the payrolls, water and sewer ser- vices. The Chairman reported that there are available funds and the Board was unanimously in favor of the increase. Mr. Burns referred to an accident that occurred on Curve Street and explained that there is no question about responsibility. He received two estimates; one for $133.65 and one for $134.05. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize Mr. Burns to settle the claim, necessary release being prepared by Town Counsel, and charge the amount to Water Maintenance Account. Mr. Burns also referred to an accident whereby a highway truck backed into a vehicle. He explained Accident that this one amounts to $105 and as the Town has no claim property damage coverage, the Board can authorize pay- ment or let the woman sue the driver. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize Mr. Burns to settle the claim and charge the amount to Highway Maintenance. Mr. Stevens, Town Counsel, arrived at the meeting at 8:20 P.M. 257 Accident claim Letter was received from Mrs. Louise, W. Peterson, 62 Cary Avenue, requesting removal of a tree from in front of her house. She claims that the dead branches Tree create a hazard. The Chairman agreed to confer with Mr. Brenton in an effort to determine whether the tree should be pruned or removed Further consideration was given to Mr. John F. Tax title Blaist letter, on behalf of James Mulcahey, advising property that his client wouldy a $l 00 price entertained p 5 the bythe Board for lots 27-31 inc Block 17,Ward Street oc A notice to sell was advertised in the November.23, 1955 issue of the Lexington Minute -Man. In September, 1955, Mr. Albert Cuccinello, 693 Marrett Road offered $300 each for lots 29, 30 and 31 and advised that before taking any action the Board w uld like an opportunity to view the lots. The Chairman reported that SalvadorerCassella, 97 Reed Street talked to him and offered $1400 for the five lots. A letter was received from Ernest E. Outhet, 25 Ivan Street offering $1300 for the five lots. ?58 Sewer Mr. Gay expressed amneern relative to the ad- vertisement and Mr. Stevensexplained that it is just giving notice and does not ask for bids. he suggested that the Board could write Mr. Cuccinello that the Board has determined it is prepared to sell the lots at a proper price and would like to dispose of all five of the]; and ask if he is interested in purchasing the five. He said that the Board is under no obligation to anyone as a result of the advertise- ment. It was also agreed that if the lots are to be re- stricted to one building Mr. Blais should be advised as his client may not be interested in the lots with restrictions. TheChairman agreed to write these individuals in an effbrt to determine who wants to purchase the lots with restrictions and to whom the Board is go- ing to sell. Petition was received from Anthony J. Sanseverino, 81 Cedar Street, signed by twenty-two other property owners, requesting installation of sewer. The Chairman was authorized to advise Mr. San- severino that the trunk sewer, although started, will probably not be ready for at least a year. The peti- tion will be placed on file and when the line is ready estimates of costs will be prepared and s ent out for signatures. Messrs. Stevens and Burns retired at 8:45 P.M. Chairman Rowse, Messrs. Carroll, Buckley and Newhall, Committee on Revision of Voting Precincts, met with the Board. Revision of Mr. Rowse presented each member of the Board with Voting a map showing the proposed precinctrevisions. He Precincts explained that Chapter 215 of the Acts of 1929 is the law under which the survey has been made. The Chapter requires a map, above-mentioned, a list of the streets, which he presented. He stated that it also requires a list of the voters in e eel).- precinct which Mr. Carroll has pre- pared. However, at the moment he has only one copy and would like it returned to him. Mr. Rowse said that the first consideration is the plumber of present voters; the second consideration is the available polling places and the third consideration is possible future development and enlargement of the Town as to where it would come and how it would affect these various precincts. He explained that the pre- cincts fairly well developed are the ones with the num- ber of voters in them. The dividing lines are supposed to follow natural lines as much as possible and the Com- mittee has followed the brooks as best it could and the 1 259 streets as best it could. There are only two places where they have not followed the streets -- the divid- ing line between 3 and 5 which starts at Revere Street and goes to a point on North Street which is to be determined by degrees. He said that the same thing ap- plies off the end of Cedar Street which goes through the golf club and that will have to be determined by degrees also. The Chairman asked why the Committee took Massa- chusetts Avenue instead of the railroad track and Mr. Rowse explained that it would give too many on that side. Mr. Buckley said that it would not give an equali- zation of voters. Mr. Rowse referred to the subject of polling places and explained that the Committee does not set them up but they have been considered. He said that Precinct 1 could start with the Adams School and consider Har- rington School if a large development took place in that area. In Precinct 2 they figured on the Fire Station as the most central point and also thought of the possibility of using Franklin Sebool. He said that Franklin School or the High School could be used for Precinct 4, the High School having more room and being more centrally located. The Hastings School could be used for Precinct 6, the Parker School for Precinct 5 and Cary Hall for Precinct 3, as it is now. Consideration was given to the subject of placing bulletin boards in each precinct and it was agreed that the Board would obtain more information. The Committee retired at 9.20 P.M. Upon motion of Mr. Reed, seconded by Mr. Gay, it was unanimously voted to accept the report and approve the recommendations submitted by the Committee on Re- vision of voting Precincts. According to the map, pre - dented this evening, the revision in numbers per pre- cinct are as follows: Precinct 1 - 14443; Precinct 2 - 1680; Precinct 3 - 1556; Precinct 4 - 1666; Precinct 5 - 162h; Preciket 6 - 1647. The Chairman read a letter from the Health Sani- tarian advising that Lots 243 through 258, Asbury Tax title Street and Lots 579 through 584 Edna Street have been property inspected. In his opinion the only lots that could be used for building would be Lots 250, 251 and 252 com- bined for erection of one building. Due to high ground water condition the remaining lots in the area, could not be adequately sewered by cesspool, septic tank or other device. Mr. Reed suggested holding up the sale of these 2(30 tax title lots until the sewer is installed. Mr. James stated that if the Board desires to sell them and Mr. Frissore will pay the Board's price and understands he cannot build on them until the sewer is in, it would be all right. The Chairman agreed to write Mr. Frissore ad- vising him of the Sanitarian's report and ask him to advise the Board if he is still interested in pur- chasing the lots. The Chairman refereed to letter of welcome, signed Welcome by the chairman, to new residents of the Town that has Wagon been delivered to Welcome Wagon hostesses in,the past. He reported that only three or four merchants in Lex- ington now belong and the other names on the present list of subscribers are out of town businesses. The Chairman was authorized to advise Airs. Louder, the hostess, that the Board prefers not to sign any more letters until such time as the sponsors are Lex- ington business firms because the letter gives tacit approval to all of the firms whether in Lexington or not. Upon motion of Mr. Reed, seconded by Mr. Gay, Supt. of it was voted to rescind the vote of the Board passed Public on October 25, 1955 appointing Mr. Richard J. Gayer Works as Superintendent of Public Works, effective December 1, 1955, at a salary of $8500 per year. Upon motion of Mn. Reed,seconded by Mr. Gay, it was then voted to appoint Mr. Richard J. Gayer, 17 Wheeler Park, .Brunswick, Maine to the position of Assistant Superintendent of Public Works in the Town of Lexington, effective_ December 1, 1955 at a salary of $8500 per year. Mr. Burns explained that one Mr. Holton, who is building a house, would like permission to use tax Permit title lots 534-535 on Butler Avenue during the con- struction of the house. Upon motion duly made and seconded, it was voted to authorize Town Counsel to prepare an instrument granting permission to Mr. Holton to use the two lots. Town Counsel did not leave a copy for Selectmen's file. The meeting adjourned at 9:40 P.M. A true record, Attest: er , Se ctmen x cad 1 SELECTMEN'S MEETING December 5, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building,- on Monday evening, December 5, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. The Clerk was also present, Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror, Mr, Noel Dale, radar test - man, )})} Blossomcrest Road was drawn for jury .duty. Mr. Carroll left a pamphlet on voting booths for the Board to study. He retired at 7:40 P.M. Hearing was declared open upon petition of the Boston Edison Company for location of one pole on Lowell Street. Proposed location was approved by Mr. Burns. Mr. Mahon, representing the petitioner, was the Pole only person present at the hearing. He explained that location the pole -is to be located at the end of the company's private way and going through the P.N.U. station. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted - to grant the petition and sign the Order for the following pole location: 261 Juror Lowell Street, westerly side, approximately 330 feet south of -Summer Street. Mr. Mahon retired at 7:145 P.M. Petition was received from the Boston Edison Com- Pole pany and the New England Telephone and Telegraph Com- location pany for a i/o pole relocation on Winchester Drive. Pro- posed relocation was approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following j/o pole relocation: Winchester Drive, approximately 1055 feet east of Fiske Road, One (1) pole. (One existing j/o pole to be removed.) The Chairman read a letter from the Boy Scouts of 262 Boy Scouts America, Boston Council, requesting permission to pilgrimage conduct the llth Annual Pilgrimage to Lexington on April 21, 1956, involving approximately 3,000 scouts and leaders. As on previous years, the group will assemble at the Center Playground, parade to the Battle Green for ceremonials and return to the playground for dis- missal. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the request. Application Application for employment in a supervisory capa- city in town government was received from H. F. Fifield, a retired engineer,. residing at 8 Woodside Road, Win - cheater. The Chairman was authorized to acknowledge the application. Welfare The Chairman r ead a letter from James E. Collins, Agent Welfare Agent, together with copy of letter from the Salary Division of Civil Service, in answer to his letter asking that the salary range for Welfare Agent be in- creased to the next higher population group. No action was taken on the subject. Zoning The Chairman read a letter from Henry J. Travers, complaint requesting the Board to investigate a retail flower business being conducted by Ruth Adams in her home at 69 Paul Revere Road, a residential district. The Chairman was authorized to refer the communi- cation to Donald K. ,Irwin, Building Inspector, for in- vestigation. Resignation The Chairman read a letter from Leon H. Truesdell resigning as a member of the Board of Registrars, Ef- fective January 1,,1956 or any date at the Board's pleasure. The resignation was accepted with regret. Tax title property The Chairman referred to the offers received for tax title Lots 27-31 inc., Block 17, WarddStreet and reported that he called Mr. John F. Blais, Burlington, attorney for Mr. Mulcahey. His client wants to build only one house of the five lots. He stated that he also contacted Mr. Albert C. Cuccinello and informed him that the Board would not be interested in selling only three lots and asked for another bid. It is for $300 per lot, the same as Mr. Mulcahey's and Mr. Cuccinello is willing to purchase them with the understanding that only one house can be erected. 1 263 In view of the fact that Mr. Cuccinello has been a resident of Lexington for many years and the property owned by his family abuts these lots, Mr. Maloney moved that lots 27-31 inc. Block 17, Ward Street be sold and conveyed to Albert C. Cuccinello for the sum of $1500, a restriction to be written in the deed whereby only one house can be erected on the five lots. Mr. Reed seconded the motion, and it was so voted. Mr. Stevens arrived at the meeting at 7:55 P.M. Letter was received from the Personnel Advisory Personnel Committee, as a report of progress, together with a Advisory schedule of departments and present salaries. The Committee letter and schedule were both taken by the Chairman. An extension of time on the agreement between the Town of Lexington and Mr. Henning Swenson was signed Agreement by the Board at the recommendation of Town Counsel. Mr. Stevens reported that there is a new Act under which towns, if they aodept it, can charge Act re betterments for water. He said that he has some water questions on it, but thought the Town should accept betterments it. He stated that Lexington is the only town in the Commonwealth.that has not accepted it. If it is accepted, the Board would be prevented from applying the special Act authorizing postponing payment of water betterments without the payment of interest because that is a special Act for the Town of Lexington. Mr. Stevens explained that in order for Lexington=to ap- ply he has written a special Act to include•it. The Board signed the.Act and returned it to Mr. Stevens for filing. Mr. Stevens reported that Mr. Burns has a•taking Trunk sewer he wants made for the trunk sewer and most of it goes taking through what is supposed to be Town of Lexington tax title lots. It is a twenty foot sewer Which will ruin the twenty-five foot lots, but he thought it could be straightened out. He explained that it runs from Locust Street to Earl Street. Upon motion.of Mr. Reed, seconded by Mr. Gay, It was voted to sign a twenty foot permanent easement with two fifteen foot easements on either side -for construc- tion. Mr. Stevans retired at 8x25 PM. The following members of the Capital Expenditures Capital Committee met with the Board: Chairman Sanborn Br®, Expenditures Secretary, Mrs. Dorothy Rich, Messrs. D. Sargent Goddard Committee and John A. Carrier. 264 The Chairman said that the Selectmen have not given this ,subject the discussion which probably should have been given, but they do have some ideas in mind and would like to have .the Committee carry the conversation for awhile. Mr. Brown presented a copy of the Committee's report for a955, together with Preliminary Capital Expenditures Estimates as of December 4, 1955. He said that in 1956 they took the 1956 column which is the same as they made last year and added to it the library which was not in their recommenda- tions. Other than that, the estimate is what seems to be in the cards for next year. He said that the questions they don't know about are the Recreation Committee and the Committee puts in 510,000 every year. He saidthat he understood this year they are not going to ask for any capital expenditures. He stated that the Capital Expenditures Committee has discussed the subject and feels that the Recreation Committee should be spending money all the time so it will not pile up in a great sum of money at some time. Mr. Brown said that the first column for 1956 is material they had last year. They have met with the School Committee and the school figures are ac- tually the, School Committee figures. Mr. Reed asked if they were talking about an addition to the Franklin School and Mr. Brown re- plied in the affirmative. He said that the 000,000 •in 1957 is for renovation of the present Junior High School. The 1959 figure is for a sixteen room school, *730,000. The 1960 figure is $400,000 for another elementary school building. Mr. Brown referred to the Public Forks and said that their figures have been consistent all the way along. They have made a new estimate, but predicted the increase in Public Works at the same rate as the past five years have been increasing and added this rate of increase to every item. He said that on the average, Public Works has been going up *18,000 a year and the Committee has distributed this and pro -rated it by the amount of work for 1956 and arrived at the increase of figures in that fashion. In the past, the Committee has always underestimated the Public Works cost. Mr. Brown said that they have included Worthen Road for 1957 and 1959. The Committee talked to the Planning Board once and its statement for that was they don't want to plan Worthen Road until the State decides what it wants to do about Route 2. Since the item was on the books, they have included it for two years, and it is a guess only. 1 265 Mr. Brown reported that the Fire Department has included an item in the budget of $50,000 for a new station to be built in 1957. There is also an item of $1,000 for the Chief's new car and $1,000 for a committee to obtain preliminary plans for the new station. The Chairman said that the Selectmen have not discussed figures this year. Last year there was $160,000 for water which was taken out but which will have to be put back in this year. At present there are no definite figures. on the sewer mains and laterals. He said the Board would give the Committee figures just as soon as they are available. He stated that the Selectmen are very anxious for the new library and ad- ditional Town Office building. Mr. Brown said that both of those Committees said they could not give any figures for some time. Mr. Reed explained that the Additional Town Office Building Committee will have a rough estimate in about two weeks. Mr. Gay referred to the library and said that everything is in the architect's hands now but the figures will not be available until the middle of Jan- uary. Mr. Brown mentioned the tax rate and said that the Committee took the figures which it calculated last year, added the increase to the Public Works and then book $800,000 bonding for $1.00 on the tax rate, which the Appropriation Committee estimated last year, and pro -rated that. He explained that the Figures are not really calculated out The group retired at 9:00 P.M. Upon motion of Mr. Reed, seconded by Mr. James, Uses of it was voted to grant the following uses of halls: halls Minute Man Council, Girl Scouts Conf.Rm. Dec. 15th St. Brigid's Holy Name Society Cary Feb. 14th Letter was received from Daniel S. Josie, Master of King Solomon's Lodge, A.F. & A.M., Somerville, re- questing permission to use Cary Hall on March 17, 1956 for a joint Ladies Night. The Clerk informed the Board that the Lexington Symmes Hospital Auxiliary will be using Cary Hall that afternoon for a children's play. She was authorized to call Mr. Josie and arrange some other date for the Lodge to use the hall. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the following licenses: Licenses 266 Martin1s Drug Store Old Coffee Shop Regent Delicatessen Schragle Motors, Inc. Connors Bros. Inc. Joseph Trani, Inc. The Lexington Theatre 1793 Mass. Ave. 1775 -Maas. Ave. 1729Mass. Ave. 3j Bedford St 1700 Mass. Ave. 1757 Mass. Ave. 179!4- Mass. Ave. Common Vict.(renewal) Common Viet. Common Viet. " 1st Class Agt. " Package Store " Package Store " Sunday Movies " Traffic Upon motion of Mr: Reed, seconded by Mr. Gay, it was i Rules and -voted to amend the Traffic Rulesand Ordersas follows: Orders December 5, 1955 At a regular meeting of the Board of Selectmen duly called and held on December 5, 1955, at which all members were present and acting, the following vote amending the Traffic Rules and Orders was unanimously adopted: VOTED: To amend Article V Parking of the Traffic Rules and Orders as follows: 1. By adding to Section 2, Parking Prohibited On Certain Streets, the following: Edison Way. On the Southerly and westerly sides, commencing at a point 88 feet from -Depot Square and ex- tending to Massachusetts Avenue. On the northerly side, from Depot Square for a distance of 187 feet. 2. By adding to Section 3, Bus Stops, the following sentence: No person shall stop or park a vehicle, ex- cept a bus, at any place designated as a bus stop by the Board of Selectmen and duly marked as such. By adding to Section 5, Time Limited in Designated Places, the following paragraph: No person shall park a vehicle for a period of time longer than two hours, between the hours of eight A.M. and nine P.M., on Edison Way, excluding those parts of said Way on which all parking is prohibited. This re - C Cla 1 Lt. striation shall not apply on Sundays or during the hours of legal holidays during which business establishments are required by law to remain closed. By adding a new section as follows: Section 10. MUNICIPAL OFF-STREET PARKING AREAS. (a) No person shall park a vehicle for a period of time longer than three hours, between the hours of eight A.M. and six P.M., on any week day, excepting Friday on which the hours are designated as eight A.M. and nine P.M., on any municipal off- street parking area. This restriction shall not apply on Sundays or during the hours of legal holidays during which business estab- lishments are required by ikw to remain closed. (b) No person shall park a vehicle for a period of time longer than one hour be- tween the hours of two A.M. and six A.M. on any day on any municipal off=street parking area. The Planning Board met with the Selectmen at 9:15 P.M. at which time the Clerk retired. A true record, Attest: '26 268 II Pole location Transfer SELECTMEN'S MEETING December 12, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 12, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, James and Maloney were present. Mr. Burns, Superintendent of Public Works, Mr. Gayer, Assistant Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon peitition of the v Boston Edison Company'and the New England Telephone and Telegraph Company for permission to relocate one pole on Bedford Street. Mr. Mahon, representing the Boston Edison Company, was theonly person present at the hearing. Proposed location was approved by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following j/o pole relocation: Bedford Street, southwesterly side, approximately 50 feet northwest of Worthen Road, One pole. (One existing j/o pole to be removed.) Mr. Mahon retired at 7:35 P.M. Mr. Burns explained that he needs additional funds for two accounts which he had mentioned before. At the present time the Road Machinery Account is almost $3,000 in the red with two or two and one-half weeks to go. He said that gasoline will be the largest expenditure. He said that the reason for the shortage is partly due to the fact that the original budget was cut $1500 and additional use of equipment and repairs resulting from the hurricane, parking area, Hill Street, etc. Mr. Burns explained that the other budget need- ing additional funds is the Shade Tree Department and $2,000 will be necessary for the balance of the year unless there are two solid weeks of snow. The payroll is approximately $1,000 per week. Mr. Burns reported that he will just about get by on the sewer and water services, but he willlhave to stall some of them off. 1 269 Mr. James left the meeting to talk to the Town Accountant and reported that the balance in the Re- serve Fund is $3,715. He recommended transferring $3300 now and if nothing comes in the next week or two request a transfer of the balance. The Chairman signed a letter to the Appropriation Committee requesting a transfer of $3300 from the Re- serve Rind to this Road Machinery .account; the balance to be transferred if no other requests are received. Letter was received from the Bedford Board of Proposed Selectmen expressing interest in having the proposed Road road from Westview Street to Wood Street as it would facilitate traffic to the residents of that town. The Chairman reported that a meeting is sched- uled for tomorrow evening at 8:00 P.M. in the Of- ficers' Club at which at least one member of the . Board should be present, and preferably the entire Board. He explained that this subject will be brought up. This has been passed by the Bureau of Public Roads but they have not hadany money appropriated for it. The meeting is a result of a meeting in Lincoln attended by Mrs. Rogers, Senator Saltonstall and others. The plan is to build 600 houses in Lincoln. Petition was received, signed by Andrew Ken, Req. for 23 Spencer Street, requesting extension of sanitary sewer sewer in Spencer Street from approximately #17 to in- clude #26. The Chairman was authorized to advise Mr. Ken that there are no funds available for 1955 but the item will be considered when the 1956 budgets are discussed. • The chairman read a letter from Mrs. Beatrice H. Lamont, Presidnet of the Lexington Field and Garden Dump Club, suggesting at small expense a major improvement in the appearance of the dump. It was suggested that the fence be removed, grading near the street and pro- vision of a screen of planting would improve the con- ditions. Mr. Burns said that if the fence is put back, there will be more room for people to dump outside. Mr. James saidthat he would like to institute rubbish collection in the town on the basis Mr. Burns has described to the Board on several previous oc- casions. He said he would favor the roll-out system, and stated that when the present dump is filled, the town will have to have another location or an incin- erator. 270 The Chairman read a letter from Mr. Carroll ad - Traffic Rules vising that the recent amendment to the Traffic Rules & Regulations and Regulations relative to Parking and,Off-street Parking was approved December 6, 1955 under Traffic Regulation Permit No. 737t. The approval carried the following notation: Article V, Section 10, shall be effective only during such times that official signs are erected to notify motorists of the provisions of the regulation. Mr. Burns reported that the signs have been erected. Fottler Ave. Notice was received from the Department of Public hearing Utilities, with reference to Fottler Avenue, that a pub- lic hearing will be held on Deceaber 28, 1955 at 10:00 A.M. in the hearing room, 166 State House. The Chairman agreed to attend the hearing and it was suggested that Mr. Snow, Consultant to the Planning Board, Mr. Ralph H. Rumery and Mr. Emile Vadeboncoeur be invited to attend also. Parking Messrs. Burns and Gayer retired at 8::20 P.M. The Chairman said that he would like to prohibit parking on one side of Wihtzhrop Road. Mr. Stevens explained that the Traffic Rules and Regulations would have to be amended, approved by the State and advertised. Mr. James mentioned that there are other places in town just as serious, particularly in the vicinity of the various churches. • Mr. Stevens retired at 8:25 P.M. Mrs. Charles Beecher, 14. Flack and two other men Request for met with the Board, the appontment having been made by meeting Mrs. Beecher. place Mrs. Beecher explained that the group is four of the advisors of the Christian Science Monitor Junior Forum, representing sixty children in various.age groups. Their problem is to find a place for. the grpups to meet. At present the meetings are held in private homes at which about fifteen c hildren..attend but then some of the children are not attending because they have so far to go from one home to another. The Chairman inquired about the type of meeting and Mrs. Beecher replied that they are educational, social and a monitor group. The Chairman asked if the children were all members of the Christian Science Church and Mrs. Beecher re - Sal 1 plied that they are sponsored by the Christian Science Monitor. The Chairman asked why they could not meet in the Christian Science Church and Mr. Flack replied that this is not part of the church work and there is no room available. Mrs. Beecher explained that nona of the churches could accommodate them because they meet on Saturday nights and the Sunday School rooms have to be ready for Sunday School the next day. They cannot meet dur- ing school nights and Friday nights conflict with De- Molay and Rainbow. Mr. Gay asked how many children attended each night and Mrs. Beecher replied between fifteen and twenty. Mr. Maloney mentioned that the children would have to travel wherever the meeting is held and whether it is in a school or church there would still be the problem of getting the children to the meeting. Mr. Maloney asked if the group was religious and said that he did not think the schools could be used if itwwas. Mrs. Beecher said that the meetings are not open to everyone as the children should be attending the Christian Science Sunday School. The Chairman suggested that they contact the School Department and'the group retired at 8:50 P.M. Mr. Amelio Bertelli met with the Board re condition of Payson Street. Mr. Maloney explained that he consulted Mr. Burns and the answer is simple. The work is not completed and the hole°in the street should not be there and it is up to Mr. Brox, the contractor to fix it. The Chairman explained the situation by a rough sketch drawn by Mr. Burns and said that there will be no water in the street. He reported that Mr. Burns went up to the street today with Mr. Brox' engineer and the road will be made passable. Mr. Maloney explained that the street will have to be made passable for the snow plow. The Chairman suggested that Mr. Bertelli notify the Selectmen's office if something isn't done by next Monday, Mr. Bertelli said that he would like to have the street sign corrected. It now reads Payson Road and should be Dyson Street. The Chairman explained that the signs are made in the prison and are done in numbers so it may be some time before a corrected sign is available. Letter was received from the Lexington Savings 271 Payson St. Street sign 272 Trust Funds Bank advising that there was on deposit under Trustees of Public Trusts, Cemetery Funds, as of October 19, 1955, 237 accounts having a total prin- cipal of $31,635. In addition there is the Emma I. Fiske, Flower Fund,ri ncipal $300 and the Herbert Hilton Trust Fund, $ij577.147. The Chairman read a letter from Mr. Carroll re - Voting minding the Board of the work involved to complete machines the set up of six voting precincts. He suggested advising the School Committee of the new voting places and also mentioned voting machines, If voting mach- ines are not to be used in the two new precincts, voting booths will have to be obtained. The Chairman was instructed to request kr. Carroll to proceed with the rental of six voting machines, three each for two precincts. It was also agreed to include an article in the warrant for the Adjourned Town Meeting in March, 1956 to determine whether or not the Town Meeting Members will appropriate funds to purchase additional voting machines. Assessor The Chairman informed the Board that Mr. Burn - ham's term as an Assessor will expire January 1, 1956. Inasmuch as the Board now has one new member, upon motion of Mr. James, seconded by Mr. Gay, it was voted to re -appoint William I. Burnham to the Board of Assessors for a three-year term expiring January 1, 1959, Sewer The Chairman read a letter from Mr. Lurvey, system for Health Sanitarian, in regard to the proposed dwelling 72 Cary at 72 C ary Avenue. The Health Department had suggested that the State Engineer propose a,system for sewering the lot whereby he would utilize.a part of the adjacent land owned by the town. ,The Board of Health requested permission from the Board to allow the builder to use this town land to resume building and install the system for sewering the lot; Mr. James said that he would like to see a plan of the lots involved. Further consideration will be given the subject at the next meeting of the Board. Upon motion of Mr. Gay, seconded by Mr. Maloney, Licenses it was voted to renew the following licenses: Lexington Bowladrome 1698 Mass. Ave. Common Victualler Five Forks,Spa 286 Lincoln St. a The 1775 Hoase, Inc. 130 Pleasant St. C") 1 1 Mawhinney Motor Sales 581 Marrett Rd. 1st Class Agent Simonds Pontiac 436 Marrett Rd. n TM Wildacre Inn 50 Percy Rd. Innkeeper The Lexington Theatre 1794 Mass. Ave. Sunday Movies Application was received from Countryside Inc. for a Common Victuallers license. Letter was received from Mr. Lurvey, Health sani- tarian, stating that the Board of Health cannot recom- mend a Common Victuallers license being granted for 1956. Upon motion duly made and seconded it was voted not to renew the Common Victualler'•s license for 1956. It was agreed to invite Chief Fire Commissioners and Mr. Carroll gets next Monday night. It was unanimously agreed not the week of December 26th. The meeting•adjourned at 10:45 P.M. A true record, Attest: 273 Rycroft, Board of Budgets in to discuss bud - to hold a meeting 274 SELECTMEN'S MEETING December 19, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 19, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. Mr. Gayer, Assistant Superintendent of Public Works, and the Clerk were also present. Letter was received from Alfred P. Tropeano ad - Tax title vising that he has been authorized to offer *1400 for property lots 27 through 30, Block 1, Reed Street. The pro- spective purchaser desires to construct a second en- trance to the Wolrath property which he is buying. It was agreed to advise Mr. Tropeano that the Board will not be viewing any tax title property un- til after the first of the year. Recreation Committee Appointment Gasoline Letter was received from the Recreation Committee in re functions which the Committee feels should be under its jurisdiction, and upon which they want the Town Meeting to act. The Chairman suggested discussing the subject with the Committee when it meets with the Board on budgets. Letter was received from Mr. James J. Carroll, advising that the Moderator has appointed Ralph H. Tucker to the Maple Street School Building Committee to fill the vacancy caaaed by Edward Lerner, Jr.'s resignation. Hearing was declared open upon application of Anthony P. Modoono for permission to maintain one underground tank for the storage of 1,000 gallons of gasoline at 192 Woburn Street. Notice of the hearing was inserted in the Decem- ber 8, 1955 issue of the Lexington Minute -Man and the application was approved by B. J. Belcastro, Deputy Chief of the Fire Department. Mr. Modoono, the petitioner, Charles Laubinger, 279 Woburn Street and Mr. Perduyn, 280 Woburn Street, were present at the hearing. Mr. Modoono explained that the gasoline would be used for his three trucks, three cars and tractor, C") 1 275 Mr. Perduyn asked if he planned to add to the fleet and Mr. Modoono replied that he would like the business to grow if possible. Mr. Gay asked the type of business and Mr. Modoono replied that it is landscaping. Mr. Perduyn asked if the property was zoned for residential or business and the Chairman replied it is a farm, the family has been there for many years, and are one of the oldest families in Lexington. Mr. Modoono said that his family has lived there for thirty years. The Chairman explained that under the Zoning By- laws if a business was in existence at the time the laws were established, it remains and the Board is not at liberty to change it except in very, very extreme cases. Mr. Gay inquired about the location of the tank and Mr. Modoono stated that it will be in the rear about 400 or 500 feet away from the street. Mr. Perduyn asked if the property was being oper- ated -as a farm or a landscaping business at the time the Zoning By-law went into effect. The Chairman replied that it was a farm. Mr. Perduyn said that this then was a different use. Mr. Maloney explained that anything to do with raising, growing, cultivating any type of trees is farm- ing and treated so by the experts. Mr. Perduyn asked if Mr. Modoono operated out of this location and he replied that he does landscaping on other property. Mr. Perduyn asked if that was different and Mr. Maloney explained that`it is not. He said it is a non- conforming use in a residential area and it cannot be changed until someone purchases the property or changes the use. he said that it is not offensive and as far as the tank is concerned, Mr. Perduyn could have one if he had use for one. He stated that gasoline tanks are not: offensive or dangerous. The Chairman said that all the abutters were noti- fied`of the hearing but none of them wished to make any comment. The hearing was declared closed at 8:40P.M. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant a license to Anthony P. Modoono for permission to maintain one underground tank for the storage of 1,000 gallons of gasoline on the premises located at 192 Woburn Street. The group retired and Mr. Burns met with the Board. Hearing was declared open upon petition of the New Manhole and England Telephone and Telegraph Company for permission to conduit locate manholes and underground conduit on Bedford Street. location 276 Lot 118 Cary Ave. Mr. Consilvio, representing the petitioner, was the ohly person present at the hearing. The Chairman said that this is on State highway and asked if permission had been obtained. Mr. Burns explained that the petitioner obtains permission from both the State and the Town. ' Mr. Consilvio stated that this run of cable has been taken up with the State but permission also must be obtained from the Town. He explained that the loca- tion is from Westview Street to the Bedford kine. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following manhole and conduit locations: Bedford Street (State Highway) From the Lexington -Bedford Town Line southeasterly, approximately 1313 feet of underground conduit and two manholes. From manhole'514/119, southeasterly and • easterly to Pine Knoll Road, approxi- mately 110 feet of underground connection. Mr. Consilvio retired at 8J P.M. Mr. Mark Lurvey, Health Sanitarian, met With the Board re use of tax title lot 118 Cary Avenue in con- nection with a system for severing a house now under cOnstruotion at 72 Cary Avenue. He presented•a plan of the lots involved: The Chairman asked vixen the sanitary sewer would be constructed in the street and Mr. Burns replied that it will be between five and six years. He said that when the sewer is installed this arrangement will just disappear. The Chairman asked if t he'proposed solution would take care of the lot for five or six years and Mr. Lurvey replied that he has been advised it will. Mr. Burns said he would not object to the -use of the tax title lot for this purpose but he definitely would be opposed to selling tht lot because sooner or later there would be pressure to build on it. Mr. Maloney suggested selling the lot with re- strictions. Mr.,Burns said that if the lot is purchased the owner will contact everyone and will not be satisfied until he puts another house up. The Chairman said that M. Burns' idea is for the Board to grant permission for the use of the land for a bed. 1 Mr. Lurvey explained that half or three'quarters of the bed is on the other piece of land, but it is the only.way it could be made work. Mr. Maloney recommended letting the builder use it and stated that in a few years the lot will be worth more money. Mr. Burns said that he has no objection to using the lot, but there should be an agreement whereby he maintains it or keeps it in good operating order, sub- ject to supervision of the Board of Health. Mr. Lurvey explained that Mr. Lucas, the Engineer, will follow it through. Mr. Lurvey retired at 8;50 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign a statement of expenditures under Chapter 90 contract 16067 Maintenance and contract 15993 Hill Street. Petition was received for acceptance of Whipple Road and Mr. Burns explained that the road is already constructed and acceptance is merely routine. Petition was received for construction and ac- ceptance of Utica Street. The Chairman was authorized to advise Mr. Cronin, the first signer of the petition, that it is too late to include the project in the 1956 budget. Mr. Burns reported that he and Mr. Gayer have an appointment this evening with the Long Range Planning Committee and commented briefly on what he has pre- pared to present. At the present time requests for sewer construction under the Betterment Act amounts to $146,000. If anything is done on Route 2 there are one or two crossings that should be made - Watertown Street and Pleasant Street - in order to take care of Carrig's development and also in the hollow at Concord Avenue at Route 2. He said it would be money well spent to put the pipes in and let them stay there for awhile. A random figure of 1,000 feet is about $50,000. He said that another item which should be done or forgotten is the extension of Eldred Street. He said that the sewer and ttreet should be done due to the number of people moving in and this is a good year be- cause Eldred Street is one that has been requested. The sewer ruhs about $L8,000. Mr. Burns reported that the requests for street construction is about $151,000. 277 Chapter 90 Street acceptance Street acceptance 1956 projects 278 Mr. Reed asked if earl and Arcola Streets were included and Mr. burns replied in the negative. He said it was decided to leave them as they are, after installation of sewer, and see whether or not the people were satisfied." Mr. Burns said that construction of Eldred Street would be somewhere around $10,000.' Mr. Burns referred to water construction Waltham Street from Marrett Road to Concord Avenue which is about $65,000. Concord Avenue from Pleasant Street to the present 12"' main is another $65,000 and the water main in Eldred Street is $16,000. Mr. Reed said that last year there was $160,000 for the Waltham Street total which was cut out of the budget and Mr. Burns explained that there were more pieces included than that. Mr. burns said that he has had a request for water extension in Webb Street, also for Dunham and Young Streets which he did not include. On Webb Street he has 100% of the signatures. In these developments he has supplied the hydrants, fittings and valves. M6aking allowance for that he has rounded out a figure of $30,000. Those two items total $38,800 and the total of all is $507,900. He explained that in ad- dition is the sewer main on Lowell Street to come from the trunk line to take care of Haskell Street, Crescent Hill and the other part of Lowell Street. He does not have the figure but it will run into some money. Mr. James recalled some discussion about another standpipe and Mr. Burns stated that he has that for 1957. Mr. James said the reason he brought it up was because of the discussion at the airport the other night and with the new development they will expect to get water through our line. He asked if Federal help could be obtained and Mr. Burns replied that he tried that and they put the standpipe on the base. Mr. Burns said that the standpipe is not a question of one large one at one spot but it would be better to have one on Spring Street, one on Merriam hill and one over on Waltham Street. If there is a standpipe built on Spring Street the people will not get any more water than they do now, but during the summer high draft they will get by. When the M.D.C1 can't supply the Town and we had the storage we could get by. Mr. Stevens arrived at the meeting at 8:35 P.M.. Upon motion of Mr. Gay, seconded by Mr. James, 1 279 it was voted to appoint Mr. Richard Gayer, Superinten- dent of Public Works and Town Engineer for the Town of Appointment Lexington, effective January 1, 1956 at a salary of $8500. Messrs. Burns and Gayer retired at 8:)40 P.M. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to approve Town Counsel's bill for pro- fessional services in the amount of $3565. Mr. Stevens retired at 8:L15 P.M. Mr. Carroll, Town Clerk and Treasurer, met with the Board and discussed budgets until 8:55 P.M. at Town Clerk's which time he retired. budget The Chairman read a letter from the County Com- missioners requesting appointment of three of their Special employees as Special Police for the parking areas and Police grounds at the Middlesex County Sanatorium. Pending satisfactory character references from the Chief of Police,::it-was'.vbted to appoint• the: fel- tDwing individuals as Special Police for terms ex- piring March 31, 1956: James E. May, Charles W. Varney and William J. DiCicco. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the following uses of halls: Use of halls Sachem Council Boy Scouts Cary Reunion Dec. 29 Town Meeting Members Assn. Conf. Meeting Dec. 29 11-11 Town Committee Cary Exhibit May 3, 1956 Chief John W. Rycroft met with the Board at 9:15 P.M. and an informal discussion was held on budgets for 1956. The subject of a Traffic Committee was considered Traffic and it was suggested that such a committee should in- Committee elude theChief of Police, Consultant to the Planning Board, Superintendent of Public Works, a member of the Board of Selectmen and a member of the Chamber of Com- merce. Chief Rycroft retired at 9:55 P.M. Chairman Fitzgerald, Messrs. Roeder and Sheldon, Fire Commissioners, met with the Board and discussed budgets until 10:L15 P.M. at which time they retired. Letter was received from Donald T. Clark, Chair- 280 Insurance man of the Appropriation Committee, in reply to the Chairman's letter of December 5th relative to Mr. John McNeil's insurance proposal. The Clerk was instructed to place the letter on the agenda for the next meeting. Town Letter was received from the Town Celebrations Celebrations Committee advising that Mrs. Dodge has resigned. At- tached to the letter was a stationery bill in the amount of $27 and a request for the use of the Select- men's Room every second and fourth Tuesday until April. The appointment of Mrs. Dodgets replacement was held over until the next meeting and the Clerk was authorized to arrange for the use of the Selectmen's Room some night other than a Tuesday as the Board of Appeals hold meetings on that night; conference room to be used if necessary. It was agreed to meet on Thursday, December 29th to discuss budgets. The meeting adjourned at 11:05 P.M. A true record, Attest: 1