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1956
SELECTMEN'S MEETING January 3, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, January 3, 1956 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed and James were present. Mr. Gayer, Superintendent of Public Works, Mr. Burns and the Clerk were also present. The Chairman read a letter from Rufus L. McQuillan, Chairman of the Board of Health, requesting a transfer of $14.93 to the Board of Health Personal Services Account to take care of a shorttge in the account for 1955. Upon motion of Mr. Gay, seconded by Mr. Reed; it was voted to request the Appropriation Committee to transfer the sum of $11.93 from the Reserve Fund to the Board of Health Personal Services Account. The Clerk reported that Mr. Palmer, Town Accoun- tant, had advised a transfer of 1.67 to the Sealer of Transfer Weights and Measures Expenses Account to balance the account for 1955. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to request the :appropriation Committee to transfer the sum of M.67 from the Reserve Fund to the Sealer of Weights & Measures Expenses Account. Mr. James J. Carroll, Town Cie*, met with the Board Jurors for the drawing of two jurors. Richard W. Maynard, president, Lexington Lumber Co., 77 Meriam Street and Raymond L. Jewett, Ass't.' Sales Mgr., 119 Maple Street were drawn for jury duty. Mr. 'Carroll retired. Hearing was declared open upon petition of the New Conduit England Telephone and Telegraph Company for permission location to locate underground conduit on Massachusetts Avenue. Mr. Consilviorepresentative of the petitioner, telephoned the Sele,ctmen's Office and explained that the main haul on one side of Massachusetts Avenue is going across to School Street. This will feed all the houses in the Grand View Avenue area dnd the new de- velopment in that vicinity. If the conduit is not located underground, it would be necessary to place a pole on the opposite side of Massachusetts Avenue which would be the only pole on that side. 281 Transfer 282 Mr. Gayer approved the proposed location and no one appeared at the hearing in opposition. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the order for the following conduit location: Massachusetts Avenue: From manhole 54/87 easterly and southerly approximately 95 feet of'underground conduit* petition was received from the Boston Edison Company and the New England Telephone and Telegraph Pole Company for permission to relocate one pole on Marrett location Road at `Tufts Rca d. The proposed location was approved by Mr. Gayer; the present pole now being located in the middle of. Tufts Road. Upon motion of Mr. Gay, seconded by M. James, it was voted to grant the following j/o pole locations Marrett Road, at Tufts Road, -- one pole. One existing j/o pole to be removed.) Sidewalks The Chairman r ead a letter from the State Depart- ment of Public Works relative to the matter of a side- walk on Marrett Road between Cary Avenue and Lincoln Street. The'State has estahlished a policy regarding sidewalks along State highways Which involvesthe co-operation of the town and the availability of funds.' The State will do all the work necessary to construct a sidewalk except the surface if the town will agree to the following: 1. Provide funds for and place the sidewalk suff ac e . '2. Be responsible for maintenance and snow' removal on the completed sidewalk. 3. Be responsible for all slope easements and all grade damage claims by the abutters., 4. Make no assessments on abutters for work done by the Massachusetts Department of Public Works. In connection with this particular sidewalk, it appears necessary for the Town to grant a drainage easement for the outlet into the Town system for a proposed drainage system which will become necessary if the sidewalk is constructed. The report from the State Engineer indicates that the cost for surfacing the sidewalk would be approximately $1200. 1 283 Following receipt of a commitment from the Town agreeing to the above conditions, the State will place the project on its priority list and will do -the nec- essary work at such time as funds become available. It was agreed to advise the State that the Board is in favor of the project and will present it to Town Meeting for approval. Petition, signed by property owners on Utica Street, was received requesting the installation of a sewer the Sewer entire length of the street. The Chairman reported that several people had con- tacted him in this regard and he advised them that it would not be done until 1957. The Chairman was authorized to acknowledge the petition and advise that inasmuch as the closing date for receiving requests for projects to be done in 1956 was October 15, 1955, this particular item is not included in the budget recommendations for this year. Letter was received from Suptt. John Blackhall Smith together with a list of desirable sidewalks. No action was taken. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: Village Variety Store 93 Anna E. Phillips 29 Geo. R. Reed•& Son, Inc.1721 Countryside Pharmacy 317 Rowe -Jackson Chevrolet 39-41 Wal -Lex Motor Co. 91 Lexington Theatre 179l6� Jean Baker 173 Mass. -Ave. Depot Square Mass. Ave. Woburn St. Bedford St. Waltham St. Mass. Ave. Mass. Ave. Common Viet. 11 lst. Class Agt. 1st. Class Agt. Sunday Movies Intellig. Off. Sidewalks Licenses Application was received from the Lexington Police Use of room Woments Association requesting permission to conduct a meeting in the conference room, Cary Memorial Building, on January 5, 1956. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the use of the room free of charge. The Chairman read a letter from Edwin B. Worthen reporting that following his last lecture there was considerable criticism of the operation of the lan- tern. He suggested replacing the present lantern to a slide operation. The Clerk was instructed to make a copy of the letter for Mr. Gayer and to advise Mr. Worthen that the matter would be taken care of before the Annual Lantern in C y Bldg. 284 Town Meeting in March. Mr: Stevens, Town Counsel, met with the Board Cary Ave. at 8:00 P.M. and read a proposed agreement between sewer system the Town and Mr. Sweeney relative to the use of Lot 118 Cary Avenue In connection with a sewer system for Lot 1:7. The Board had no objection and Mr. Stevens stated that he would have -a final draft prepared for the, Board1s signatures next Monday. Sewer Budgets Article: Article Article Mr. Stevens retired at 8:20 P.M. The Chairman read a letter from Angus McIver, 30 Follen Road, stating.that earlier in the year he had expressed a desire to be connected to the public sewer, and was advised that the request would be in- cluded in the list of projects to be considered in the 1956 budget. Mr. Burns reported that it will cost approxi- mately $7,000. He said that the request is not un- reasonable as there is a very bad situation there with sewage runningf'down the sidewalk which cannot be corrected except by connection to the sanitary sewer. Budgets of the Public Works Department were dis- cussed until 9.55 P.M. at which time Messrs. Gayer and Burns retired. The Chairman read a letter from Mr. Carroll, Town Clerk, requesting the insertion of an article in the warrant for the Annual Town Meeting for the approp- riation of $325 to pay expenses of the Town Clerk in- curred outside the Commonwealth in securing informa- tion which may tend to improve the service in his office. Mr. Reed mentioned including the item in the budget and the, Chairman agreed to contact Mr. Carroll on the subject.. The Chairman read a letter from the Board of Assessors requesting the insertion of an article in the warrant for the Annual Town Meeting for the acceptance of Chapter 6149 of the Acts of 1955. Letter was received from Supt. John Blackhall Smith requesting the insertion of an article in the warrant for the Annual Town Meeting requesting an appropriation for wages of custodians required to be in attendance at school buildings during meetings of certain organizations that are unable to pay the required fee. 1 285 Letter was received from Supt. John Blackhall Smith requesting the insertion of an article in the Article warrant for the Annual Town Meeting for an approp- riation of $429,000 for the purpose of constructing an addition to the Franklin School and the appointment of a committee to plan and supervise the construction of the addition. He also requested insertion of an article for the appointment of a committee empowered to secure options on a site for a Junior High Schbol. Letter was received from the State Department of Corporations and Taxation advising that the sum of Bonds $67,400 has been established as the amount not less than which the 1956 bond of the Treasurer shall be _written and the sum of $?7,700 has been established as the amount not less than which the 1956 bond of the Collector of Taxes shall be written. The Chairman read a letter from E nest E. Rogers advising that he is no longer able to devote suf- Insurance ficient time to his insurance business to give the Town service and he has made an arrangement with John F. MacNeil to handle the town insurance formerly held by him. The Chairmsz instructed the Clerk not to acknow- ledge the letter and not to notify Brewer & Lord of the change. Letter was received from John F. MacNeil re- ferring to letter from the Appropriation Committee Insurance in which was mentioned the recommendations submitted in 1954. He stated that his office was not consulted toward its ideas. He said that he would await the Board's reply as to how his proposal can be put into action. No action was taken. Bill for the 1956 Selectmen's Association dues in Selectmen's the amount of X75 was approved for payment. dues Letter from the Town Celebrations Committee re resignation of Mrs. Dodge was held over. The Chairman was authorized to acknowledge the communication and to ask the Committee to advise the Board whether or not there are any individuals whom they would like to suggest as a replacement. It was agreed to meet tomorrow eveningtto discuss budgets. Appointment 286 The meeting adjourned at 10:25 P.M. A true record, Attest: 471 �er , S ctme�a 1 2b6 SELECTMEN'S MEETING January 9, 1956 A regular meeting of the Board of Selectnen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 9, 1956 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed and James were present. Mr. Maloney arrived at 7:55 P.M. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Pole Boston Edison Company for permission to locate four locations poles, guy wire and anchor on Worthen Road. Notice of the hearing was read by the Chairman. Mr. Mahon, representing the petitioner was pres- ent and Dr. and Mrs. Howard Foley arrived at 7:35 P.M. Mr. Mahon presented a new petition and plan. He explained that the street is not constructed as shown on the plan. The First National people are most anxious to get their service and it is Mr. Mahon's understanding that the town may not get to making the street passable for some tithe. Therefore, the First National is asking the company to bring the line on their side, and it will be on land abutting their property. He said he thought he could put poles on that side right now. The Chairman inquired as to where the First National was now receiving power and Mr. Mahon replied that they have no power but may have a temporary service from a pole on Bedford Street. He said he was asking withdrawal of the original petition. Mr. Gay asked what the expense would be to have the service underground. Mr. Mahon said that in this case service is avail- able directly on Bedford Street. The poles would be set inside the customer's propertyif the company could not obtain permission. Mr. Gay asked who would be required to pay for un- derground installation and Mr. Mahon replied that it would be at the customer's expense. The Chairman explained that this is the first por- tion of a large section of a boulevard and the first thing being done before it is started is locating four poles. He asked why they could not be underground. Mr. James said it would be on the town way. Mr, Mahon stated that it is a matter of company 'policy, and he would have to determine that with the company. They could explain to the First National 288 that there is a petition but the Board prefers not to see these poles and the company could ask the First National if they would entertain the thought of having underground service. Mr. James said the problem is not serving the First National with underground. The Board is talk- ing about underground the entire length of Worthen Road and let the First National take from that. Mr. Mahon said it was company policy and he could not make a quick answer on it. He explained that the company endeavors to reserve its expendi- tures for underground expenses in business districts. The company policy is to spend money in a business district. If in this case, it is asked by the Board to see *hat means could be brought about to serve this area , with underground service, it is up to the company to decide. He said he would take the matter up with the company, 'He stated that underground service would be just the thing in new developments such as DeVries. Mr. Janes said if it is done at the time of con- struction there would be no other expense and Mr. Mahon said that there would be the matter of'setback which could be absorbed by the builder. He said what the Board is suggesting is a little` irregular as it is talking about underground service in what the Company would consider an overhead district. Mr. Reed said that he realizes the Company con- siders this an overhead district, but it is also go- ing to be •another` business district. He explained that' the business zone goes in 100 feet. Be said that this may not be a good time for the Company to put the service underground, but the Board might be willing to go along with the poles until the road is constructed at which time the Company might be willing to remove them and place the service undiorground. The Chairman asked if it would be possible to put in a temporary line. Mr. Mahon replied that the First National does not expect to open until about the first of March. They are asking for this service for construction purposes. The Chairman asked Dr. Foley if he had anything to say and he replied that he was just listening. Mr. Gay said'he thought it was time to start a program to get underground installation, and asked what the additional cost would be to an average lot. Mr. Mahon replied that it would be about $200. The Chairman asked Mr. Mahon to discuss the sub- ject"with his company and said the Board would hold the petition over until some reply has been 'received. Mr. James asked if the state, or the condition, 1 of the area there now on the Town right of way was such that underground installation could not be put in prior to street construction. Mr. Mahon replied that he did not think so. He thought it could be done. The Chairman asked if Dr. Foley had anything to add to the discussion and he asked if this is just to bring service in•for the First National. The Chairman replied that it is at this point. Mr. Reed explained that anyone could tale service from it. Dr. and Mrs. Foley retired at 7:50 P.M. Hearing was declared open upon petition of the Boston Edison Company for permission to locate a hip guy and anchor on•Lowell Street. No one attended the hearing in favor or in op- position. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following guy and anchor location: Lowell Street, westerly side, from a pole located approximately 530 feet south of Summer Street. 289 Guy and anchor location Mr. Mahon retired at 7:55 P.M. Notice was received from the State Division of Insect Forests and Parks advising of the following required Control liability and recommendation for public nuisances: Account Liability Recommendation Insect Pest Control $17,569.7)4 $5,900.00 Dutch Elm Disease 5,270.92 7,000.00 The Chairman suggested holding the communication over until the Shade Tree budgets- are discussed. Application was received from the Sun Oil Company Gasoline requesting permission to replace the present gasoline tanks tanks on premises at 301 Massachusetts Avenue Deputy Chief Engineer Belcastro approved the ap- plication. Upon motion of Mr. Gay, seconded by Mr. Maloney, it•was voted to grant the petition and sign the license. The Chairman read a letter from Jasper A. Lane, Re;:istrar of 177 Waltham Stree, applying for the position of a Voters 290 Registrar of Voters Bond Licenses March of Dimes Registrar of Voters to fill the present vacancy caused by Mr. Truesdell's resignation. The Chairman explained that, as instructed by the Board, he had contacted Mr, Harvey Winlock who was to advise him whether or not he would accept appointment to the Board of Registrars. He wanted an opportunity to confer with Mr. Clifford and Mr. Vaughan to deter- mine what the position involves. No action is to be taken upon Mr. Lane's ap- plication until a reply is received from Mr. Winlock. Mr. Harold E. Stevens, Town Counsel, met with the Board at 8:00 P.M. Letter was received from Mrs. Rich, Tax Collector, together with bond in the sum of $1,000 on behalf of Mr. Reginald A. Roberts, Deputy Collector for a term expiring December 31, 1956. Upon motion of Mr. James, Seconded by Mr. Gay, it was voted to approve the bond; same having been approved by Commissioner John Dane, Jr. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the following licenses: Minute Man Restaurant Howard D. Johnson Co. Margaret W. & Sidney Heywood Bernard C. Goodman The Lexington Theatre 1715 Mass. Ave. Route 128 271 Marrett Rd. 62 Mass. Ave. 179)4 Mass. Ave. Common Viet. Common Vint. Codon Viet. Common Viet. Sunday Movies The Chairman read a letter from Mrs. H. G. Dear- born, President of the American Legion Auxiliary, re- questing permission for Legionnaires and Auxiliares to be on the streets with canisters, January 13th and 14th to raise funds to aid the March of Dimes. This activity is in connection with the Blue Crutch Days designated by Governor Herter. The Chairman was instructed to contact Mr. John Meehan, Chairman of the March of Dimes Drive, before granting the request. Mr. Stevens retired at 8:30 P.M. Public (Works Department budgets were discussed by Mr. Burns until 9:40 P.M. at which time he and Mr.. Gayer retired. 1 1 1 1 It was agreed to meet on Saturday morning at nine o'clock to continue further discussion on budgets. The meeting adjourned at 10:05 P.M. A true record, Attest: 291 292 SELECTMEN'S MEETING January 16, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 16, 1956 at 7:30 P.M. Chair- man Bateman, Messrs: Reed, Gay, James and Maloney were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Pole Boston Edison Company for approval of pole, guy wire locations and anchor locations on Grove Street. Mr. Mahon, representing the petitioner, Mr. Paul A. Northrup, 52 Grove Street and Mr. C. Palmer Chester, 91 Grove Street, were present at the hearing. Mr. Mahon stated that he would like to present a new petition and new plans involving a six -pole line instead of a seven -pole line, and explained the pro- posed locations by use of a blueprint. Mr. Northrup asked if the poles were to be le- oated on the lot line and Mr. Mahon replied in the affirmative. Mr. Northrup questioned the lot line as drawn on the plan and Mr. Mahon said that he believed the plan to be correct but would check and contact Mr. Northrup. The Chairman asked if there were any objections and Mr. Chester replied there were none as far;aa he was concerned. The hearing was declared closed and the group retired. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the petition and sign the odder for the following pole, guy wire and anchor locations.• Grove Street, southwesterly side, south- easterly from a point approximately 80 feet southeast of Robinson Road, -- Six poles. Guy wire and anohor on the 1st and 2nd pole. Pole Further consideration was given to the petition location of the Boston Edison Company for permission to locate four poles, guy wire and anchor on Worthen Road to supply service to the First National Stores. A hear- ing was held on Monday, January 9th. Sag 1 293 Mr. Mahon,representing the petitioner, and Mr. John L. Collins, representing the First National Stores, were present Mr. Mahon stated that he referred this matter to the proper people of his company as indicatedlast week and they are of the opinion that Worthen Road is con- sidered to be in an overhead district and they felt, under the circumstances, they would prefer not to enter- tain any thought of undetground, particularly it being such a long section from Bedford Street to Massachusetts Avenue. They asked him to express that thought to the Board. He said he might point out that this matter of underground service, particularly involving commercial customers, it would be difficult to anticipate the re- quired load that might be used in that area in the next five or ten years. He explained that in plotting out an underground line. at this time, not knowing the future ~trend of business, it would be necessary for the company to anticipate a service load in laying both single and three phase cable. Then comes the question of telephone service and that area underground. He said that then there is a serious street lighting problem sometimes when underground is installed. He said that there is also the fire and police lines that must be considered in any underground development. He stated that the pro- ject is quite involved. The Chairman said that there was an alternative and asked if Mr„ Mahon looked into it. Mr. Mahon replied in the affirmative. 'Be said there were two alternatives. If the pole locations are granted as petitioned for,the line would be brought in to the rear of the First National store at no cost to the store. The alternative plan would be to run the line on private property either on the right hand side facing the building on Bedford Street running along Custance property. That would be.done at a private property cost to the First National Store of $14145 with the Edison Company giving two poles. If that is not acceptable to the First National and they grant the company pole locations on the left hand side abutting Worthen Road, the company could have a line of.six poles costing $577 to the First National Stores with the company still giving two poles. Mr. Maloney -asked if the poles going along Worthen Road would be set the set the same as they would on any other street and Mr. Mahon replied in the affirmative. Mr. Maloney said that if the poles are on First National property the Town has no right to use them and Worthen Road will be developed. He said that as much as he disliked it, he felt they will have to be put on Worthen Road. 294 Mr. Collins said that there would be two sets of alohg' Worthen Road Mr. Maloney said he did not see how the Board could force underground installation. Mr. Reed said that at a later date the cost would be less. He suggested approving the poles on a tem- porary basis and when the road is completed insist on underground. Mr. Collins said that the point is the First Nati- onal has the blacktop in and they expected servioe by the 15th. The interior work is to be done and they will need service. They have been held up this long and he is present this evening to find out when and if the poles are going in. The Chairman said that the Board -meets every Mon- day night and did not hear about this until last Monday If the road is .started with poles now, there will be poles all the way through and there neber will be under- ground installation. He asked what the objection was to going down the other line. Mr. Collins replied that they would like to keep the poles off their line if possible. They definitely are an eye sore and the company does not want them for the same reason the Board does not want them. The Chairman said in good planning the First National would have found out what was agreeable to the town before they put up those two pales. Mr. Collins explained that he had been in touch with the Town Engineers two months ago and also with the Boston Edison Company. The First National had planned overhead from the rear. The Engineer showed him the pro- posed street 70 feet wide with two 10 foot sidewalks. Mr. Maloney said that Worthen Road is going to be developed and if someone comes in there and demands cur- rent they would getit. He said he would not like to see two rows of poles going in there just to make it incon- venient for the First National Stores or for the Boston Edison Company. The Chairman said that this is a case of just poor planning. Mr. Collins explained that actually the first he heard of this was two weeks ago when Mr. Mahon went into his office. The landlord of the present building was opposed to the poles on his side of the street. • Mr. Gay asked if the First National could obtain an easement from Mr. Custance and Mr. Reed said that they would still be an eyesore. Mr. Reed said that the Board might be willing to go along with the poles now for the First National but serious consideration must be given in the -future to 1 1 295 underground installation. He stated that he never con- sidered underground for Worthen Road until last week, and asked how the Board could expect the First National Stores to know. He said the information should have been given when they requested a building permit. However, the Board had not considered underground at the time so the Building Department did not know. He said that in the future if the Board wants underground installation, the Building Department should be so informed.- The Chairman suggested that the Boston Edison Com- pany and the First National Stores work out some arrange- ment whereby the poles would 'be underground. Mr. Reed asked if the poles under discussion this evening were approved would there be any reason why the Boston Edison Company would not sit down and discuss With the Board the possibility of putting wires underground at a later date. He asked if these poles were approve:', would 'the .future installation be underground. Mr. Mahon said that in granting these four pole loca- tions, it is a grant and not temporary. He said any fur- ther consideration for the extension of the line overhead or underground is entirely in the jurisdiction of the Board or succeeding Boards. He recommended granting the petition for four poles and then writing the Boston Edison Company advising the company of the Board's thoughts for future development of the street and what it has in mind for that section. He further recommended telling the Boston Edison Company that the petition has been granted because of the urgency of the matter in providing ser- vice for the First National Store• and that the desire is to have the poles abandoned at some future time. - Mr. Stevens, Town Counsel, arrived at the meeting at 8:10 PJ. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and to send a letter to the Boston Edison Company expressing the Board's thoughts for future development. The Chairman wished -to be recorded in opposition to granting the petition. Messrs. Mahon and Collins retired at 8:10 P.M. • Mr. Charles Sweeney, 68 Rawson Road, Arlington, met with the Board re the house he intends to erect on Cary Avenue, and for which a building permit has been denied. The Chairman explained that as the Board understands the situation, certain legal technicalities have to be cleared up. Mr. Stevens asked if Mr. Sweeney had talked to his lawyer after he talked with him. Mr. Sweeney replied that he talked with his lawyer about four o'clock. 296 Mr. Stevens asked if he.owned lot #119 and he replied in the affirmative. StevensMr. explained Building Watch Mr.cathat ge y basis on ldin on Permit the basis of a Sweeneyant from the Selectmen to use aspor- Lot #119 tion of lot #118 for a sewer systema The Selectmen Cary Ave. can't give him that right in lot #118 unless the town owns it. Both parcels of land are registered in the Land Court., Therefore, any instrument going on record has to be approved by the Land Court. The town be- lieves it owns #118 having taken it for non-payment of taxes and foreclosure. The foreclosure did not go through the Land Court. Mr. Stevens went on to explain that inasmuch as it is registered land the town can't get a certificate of title except by filing a petition with the Land Court stating it acquired titled and asking that the old certificate be cancelled and a new one issued. That was never done. Mr. Stevens said he has .prepared such a petition signed by the Town Treasurer and it has been filed. The Land Court then appoints an examiner who will examine the tax taking, an affidavit from the Tax Collector and the deed from the town. He then re- ports whether or not in his opinion they are all right and also reports who the former owners of the lots were. Following his report the Land Court sends out notices and the matter is set down for a hearing. If no nne appears in opposition, and if they do and are satisfied that the proceedings were correct, a certificate of title will be issued. That takes from six to eight weeks., He said that he has not examined the instru- ments relating to the tax taking. He. explained to Mr. Sweeney's attorney that he was requesting the examiner to go over, and do this ane. right away because an effort was being made to help Mr. Sweeney, and to let him know whether or not in his opinion the proceedings are all right. If the examiner says they are, he will then draft an agreement whereby Mr. Sweeney will receive a building permit under a statement to be signed by him that he realizes if the town did not get a. certificate of title the permit would become void. He said that if Mr. Sweeney put lumber into the building and some- thing turns out in the Land Court to show the taking was invalid, the building permit will not be any good and Mr. Sweeney will have lost his money until such time as the sewer is installed. He said that if Mr. Sweeney wanted to take the risk, he would have no ob- jection, but not until thy examiner's report is re- ceived. He explained that the fact the Selectmen are willing to give Mr. Sweeney the right to use the land is of no value if the town does not.own the lot, and the only way to be sure is to have it examined. 1 297 Mr. Sweeney mentioned buying the lot and the Chair- man explained that the town would still have to get the certificate. _ Mr. Stevens sa d that if Mr. Sweeney wanted to,'and his attorney is willing to let him take a chance, he would be willing provided he has a report from the ex- aminer. Be explained that a bank attorney would not ap- prove financing any house unless he had some rights in it that can pass to any buyer or to the bank in case it has to foreclose. He said that there is nothing more the Selectmen can do on it. The Chairman said that it is now.up to Mr. Sweeney's lawyer, the examiner and Mr. Stevens. Mr. Sweeney retired at 8:23 P.M. Mr. Stevens said that he had been asked by a mem- ber of the Board for an informal ruling on the subject Town Meeting of Town Meeting members relative to the new precincts. Members He stated that he has looked into the matter and his opinion is that the Town Meeting members are candidates for re-election and can be nominated by signing a card and will go on the ballot as they always did with a star at their name. 'Letter was received from Mr. Carroll, Town Clerk, advising of claims for damages filed by Gloria M. Hingston and Bertha A. Hingston, 181 Blossom Street, Claims for for property damage caused by a depression and/or ex- damage cavation in Concord Avenue. Mr. Stevens said under the constract, the Town is not liable and the Clerk was instructed to forward a copy of the claims to Mr. Gayer. The Chairman read a letter from the Planning Board re acquisition of a tract of land from Antonio Buse to- Land for gether with approximately 280 feet of Circle Road for recreation recreational development. Mr. Stevens explained that options could be ob- tained if the Board indicated its approval, subject to what the cost is going to be. He said that someone should find out for what price the land can be ob- tained. The Board was unanimously in favor if acquiring the pr•perty, and inserting an article in the warrant. . James suggested authorizing Mr. Snow to nego- tiate. . Stevens recommended getting a rough plan after Mr.' Snow finds out the cost, and proceeding on the basis of an approximate plan for the purposes of options. 298 Sale of land between old Mass. Ave & new Mass. Ave. Diehl Rd. acceptance Selectment s Assn. Meeting Use of hall Appointment Uses of halls The Chairman referred to a letter dated July 19, 19955 received from 0. N. Johnson, )417 Concord Avenue, Cambridge, advising that he would like to .acquire the land situated between old Massachusetts Avenue and new Massachusetts Avenue, comprising about 1200 square feet. Mr. Stevens asked to have a copy of the article drawn up a few years ago whereby the Board was auth- orized to sell and convey a parcel of land in the same area to Breslin. Mr. Stevens retired at 9i15 P.M. Petition was received signed by Mark Moore, Jr., et ais requesting'acceptance of Diehl Road. The Chairman was authorized to advise Mr. Moore that the request was received too late to be inoluded for presentatioh at the Annual Town Meeting in March, ' 1956, but will be placed on file to be considered at some future Town Meeting. Notice was received from the Middlesex County Selectmen's Association advising that the first meet- ing in 1956 will be held at Arlington, January 25, 1956, social hour 6:30 P.M., dinner at 7:00 P.M. The Clerk was instructed to advise that all members of the Board will attend. Letter was received from the Town Celebrations Committee advising that the American Legion has of- fered the use of its room in Cary Building for regu- lar meetings the second and fourth Tuesday of each month. Copy of the minutes of the January 10th meeting of the Town Celebrations Committee was received and placed on file. The Chairman reported that Mr. Harvey Winlook had declined the invitation to serve as a member of the Board of Registrars. Upon motion duly made and seconded, it was voted to appoint Jasper A. Lane, 177 Waltham Street, a mem- ber of the Board of Registrars for a term expiring March 31, 1956 to fill the vacancy caused by the resignation of Leon Truesdell. Upon motion of Mr. Gay, seconded by Mr.. James, it was voted to grant the following uses of halls: Lex. Girl Scouts Lex. Girl Scouts Lex. Field & Garden 14-H (Mr. Garrity) Conf. Room Conf. Room Estabrook Cary Feb.' 28 Meeting Mar. 1 Meeting Mar. 30 Meeting May 12 Exhibit Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to renew a First Class Agent License for Morris Motors, 1400 Waltham Street. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to sign Notices of Intention to lay out the following streets: Bernard Street, Calvin Street,.Donald Street, $1dred Street, Ivan Street; Westwood Road, Millbrook Road, Whipple Road, Locke,Lane, Fiske Road, Red Coat Lane, Flintlock Road; Grapevine Avenue, Rowland Avenue, Daniels Street, Wallis Court, Diana Lane, Nichols Road, Allen Street, Blake Road, Henderson Road, Pearl Street, Arcola Street, Milk Street. Public Works Department budgets were discussed until 10:10 P.M. at which time the meeting adjourned. A true record, Attest: 299 License Street hearings 300 Juror SELECTMEN'S MEETING -January 23, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 23, 1956 at 7:30 P.M. Chairman•Bateman, Messrs. Gay; Reed, James and Maloney were present. Mr. Gayer, Superintaadent of Public Works, and the Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. William 0. Rees, Iib Lexington Avenue, General Manager, was drawn for jury duty. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company for approval of pole locations Pole on Walnut Street. locations Mr. Mahon, representing the petitioner and Mr. William G. Potter, were present at the hearing. Mr. Potter stated that he had no objections and would be pleased to have the proposed^locations ap- proved. Mr. Mahon explained that the request is for an auxiliary service to the Middlesex County Hospital. At present the Company has a service coming in from the Waltham end, but in order to serve this particu- lar power house with an auxiliary service they plan to come in on another circuit from Concord Ave. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following pole locations: Walnut Street, southeasterly side, northeasterly from a point approxi- mately 700 feet northeast of Waltham - Lexington line, -- five poles. Mr. Mahon retired at 7:40 P.M. Mr. Potter said that he would like to discuss the Cemetery Department Personal Services budget, and men- tioned that the Superintendent of Cemeteries is also Veterans' Agent. He explained that the Commissioners are requesting an increase in his salary and thought the Selectmen should be so informed. Mr. Gay asked if an increase would change the situation and Mr. Potter replied that the law limiting 1 301 his earnings in connection to benefits is no longer in effect. Mr. Reed said that insofar as he knew the Select- men had.no.thoughts of 'increasing his salary as Vet- erans' Agent. Mr. Potter stated that the budget has been pre- Budgets pared on the basis of the same labor scale used last year, but if the Selectmen are going to recommend in- creases in the hourly rates, the Commissioners would like to know so that they can correct the figures sub- mitted. Mr. Reed said that he thought the Board would ar- rive at.a decision this evening. He asked if the Com- missioners were paying the same rates as the Public Works Department and Mr. Potter replied in the affirma- tive. • The Chairman said that he could give Mr. Potter an answer tomorrow. Mr. Potter said that the Cemetery budget had an article for the warrant to purchase a new lawn mower at a cost of $900. Mr. Reed explained that the Selectmen were of'the opinion that inasmuch as this item is a replacement it should be included in the department's expenses and not covered by a separate article. He stated that this policy has been followed for two or three years upon the recommendation of the Appropriation Committee. Mr. Potter said that he had no objection and re- tired at 7:43 P.M. Hearing was declared open upon application of Sup+t. John Blackhall Smith for permission to maintain one underground tank for the storage of 275 gallons of gasoline at the Fiske School. Gasoline Mr. John Westerbeke, Quincy, representing Mr. hearing Danforth of the Watertown Electric and Mr. Smith were present at the hearing. Mr. Westerbeke explained that the company is installing a generator at the Fiske School and the project included installation of a gasoline tank which they did. He stated that he obtained approval from Chief Cook. When they wanted to run a trial test Deputy Chief Belcastro disapprovedthe installation, and they were forced to change the location of the tank and go through the process of a hearing. Deputy Chief Belcastro said that it did not conform to State laws as it was too close to the building. He said that as far as the law reads, Deputy Chief Belcastro was right and there was no question about it. Mr. Maloney said that they did not have a permit to install the tank in the first place and Mr. Westerbeke `101 agreed. Mr. Maloney explained that the Fire Department has no right to install a gasoline tank or issue a permit. The Chairman asked if arrangements 'had been made with Deputy Chief Belcastro and Mr. Westerbeke replied that he would tell them where to locate the tank and that is where it will be placed. Mr. Smith explained that the School Department has never requested the permit in any of the installa- tions. The definite understanding has been that the cpntractor would secure them. He explained that he signed the application in question about two weeks ago to expedite things. Messrs. Westerbeke and Smith retired at 7:55 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the permit, subject to the Chairman contacting Deputy Chief Belcastro to make certain that all requirements have been met. Application was received from -the Boston Edison Company and the New England Telephone & Telegraph Com - Pole pany for permission to relocate one pole on Bedford location Street. The proposed relocation was approved by Mr. Gayer. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition.and sign the order for the following pole relocation: Bedford Street, southeasterly side, approximately 595 feet southeast of Tewksbury Street, -- One pole. (One,existing 10 pole to be removed) Letter was received from the State Department of Chapter 90 Public Works advising that tentative allotment for 1956 Chapter 90 work is as follows: Concord Avenue $100000 $5,000 $5,000 Maintenance 1,000 1,000 1,000 The Chairman read a letter from the Building In - Repairs to 10 spector reporting on an investigation made of the Westminster property -at 10 Westminster Avenue. No structural Ave. house repairs were found necessary but the exterior needs a coat of paint and the interior needs complete re- decorating. Mr. Irwin reported that the occupant, Mr. Head, had shut the water off at the meter as there is a leak in the main supply line in the basement and 1 he is carrying his water supply from a neighbor's house. The Board was of the opinion that the property should be given some attention and the water situation cor- rected, but it was not determined from what account the funds would be paid. The Chairman agreed to investi- gate the subject further. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00"P.M. The, Chairman read a letter from the Planning Board advising of approval of proposed acceptance of, streets to be constructed under the Betterment Act is but only of Mill Brook Road and Fiske Road which are not to be constructed under the Betterment Act. The Planning Board has not received conveyance to the, town of easements in lots into which or from which drains and sewers flow in relation to Locke Lane, Red Coat Lane, Flintlock Road, Westwood Road and Whipple Road. Until the property owners grant the necessary easements, the Planning Board disapproves acceptance of those streets. Mr. Stevens advised that before the streets are accepted the Town should have whatever drainage rights are needed. Until the streets are accepted as town ways, the town is not responsible for drainage. The Clerk was instructed to send a copy of the letter to Town Counsel, together with a list of the streets to be submitted to Town Meeting for acceptance. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign an agreement, prepared by Town Counsel, between the Burlington Water District and the Town of Lexington as follows: Agreement made this 27th day of December, 1955 between the Burlington Mater District, a body corpor- ate established by Chapter 635 of the Acts of 1949 of the General Court of the Commonwealth of Massa- chusetts, acting by its Board of Water Commissioners, hereinafter called the "District", and the Town of. Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by its Board of Selectmen, here- inafter called the "Town"; both of said Boards acting pursuant to the authority conferred upon them by Chap- ter 511 of the Acts of 1955 of said General Court and by every other power them hereto in any way enabling. In consideration of $1.00, each to the other in hand paid, receipt whereof is hereby acknowledged, and of the agreements herein contained, the parties hereto agree as follows: 303 Streets for acceptanc0 disapproved by Planning Board Agreement 304 1. The Town agrees to extend its water main in North Street, Lexington to the Lexington - Burlington town line and to sell and deliver water at said town line to the District at the regular residential rates established, and to be established, by the Town from time to time and in effect at the time of delivery of water to the District; said water to be used for the fol- lowing limited purposes only: a. For domestic use in the twelve residences that now exist on Muller Road in Burlington. b. For commercial use in the present John E. Allen & Co., Inc. building on said Muller Road. 2. The District agrees: a. To pay the Town as a connection charge an amount equal to the full cost of the construction by said Town of the aforesaid extension of its water main to the Lexington - Burlington town line and to make said payment promptly upon receipt of a certi- ficate from the Superintendent of Public Works of the Town certifying that the construction has been completed and setting forth the full cost thereof. b. To install and maintain in proper and ef- ficient working order and condition a meter, of a type approved by the Superintendent of Public Works of Lexington, at a location to be agreed upon by the parties at or near the point of connection be- tween the water main of the Town and the water main of the District, said meter to be inspected by the District at least semi-annually, and to pay the Town of Lexington for water delivered by said Town at the aforesaid residential rates of the Town; the bills to be rendered quarterly or semi-annually as the Town may determine. c. That the Town shall be under no liability to the District or to any person or corporation if at any time it is unable to or fails, through break- down in the water system of the Metropolitan District Commission or of the Town or for any reason whatso- ' ever, to deliver water to the District. 3. It is mutually understood that this agreement may be terminated by the District by written notice to the Superintendent of Public Works of the Town of Lexington at such time as the District connects its main in Muller Road to its distribution system, subject, however, to payment by the• District to the Town of all obligations incurred hereunder to the date of receipt of the said notice of termination. • IN.WITNESS WHEREOF the parties have hereto set their hands and seals, each at least by a majority of its Board, who, however, incur no personal liability by reason of the 1 execution hereof or anything herein contained, in trip- licate, as of the day and year first above written. Approved as to form: BURLINGTON WATER DISTRICT. by Douglas J. Hyde Horace B. Skelton Thomas J. Mohan Majority of its Board of Jack J. Moss Water Commissioners Counsel for Burlington Water District Approved as to form: TOWN OF LEXINGTON by Leon W. Bateman Haskell W. Reed 'Raymond W. James William E.' Maloney Majority of the Board of Harold E. Stevens Selectmen Town Counsel of Lexington Mrs. Stevens reported that on January 8, 1956, a one and a half ton t ruck was engaged in sanding opera- Damage to tions, backing up a hill. Part way up there was a car Police parked sideways in the road. The sand truck stopped, Cruiser swerved sideways and hit the left side of the parked car which was a police cruiser; with no one in it. Theestimated cost of repairs is $1114.75. Mr. Gayer brought up the question�of the account to which the cost of repairs should be charged and it was agreed to charge the expense to Snow Removal. • Mr. Stevens retired at 8:40 P.M. The Board discussed Public Works budgets with Mr. Public Works Gayer until 9:45 P.M. at which time he retited. budgets • The Chairman read a letter from Mrs. Chester Cook, Lexington Field and Garden club, requesting approval Plaque for of a plaque to be placed on•a stone located in Emery Emery Park Park. Mr. Edwin B. Worthen is working with the Club on the project. 306 Mdsx. Cty, San. Warrant Insurance Appointments The Board had no objection but instructed the Chairman to request Mrs. Cook to advise the Board what the inscription will be before final arrange- ments are made. Warrant 'was received from the County Commis- sioners advising that the amount which the Town of Lexington is to pay for the maintenance, operation and repair of the Middlesex County Sanatorium for the year 1955 is $21,8142.57, payable on or before April 1, 1956. Letter was received from John F. MacNeil re his proposal whereby the town can consolidate all of its fire insurance under one policy, have numerous other benefits, plus a reduction in cost. No action was taken. Letter was received from the Town Celebrations Committee recommending the appointment of Mrs. Gordon Robinson, Mrs. Gerald B. Litchfield and Mrs. Arthur Bernier to fill vacancies in the committee caused by resignations. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to appoint Mrs. Robinson, Mrs. Litchfield and Mrs. Bernier to the Town Celebrations Committee. A news bulletin was received from the State Council for Council for the Agirg requesting establishment of Aging local councils and appointments to same. No action was taken. Invitation Licenses Tax title property Invitation was received to attend Governor Herter's reception on February 22, 1956. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the following licenses: Countryside Market Anthony Ferriera William DeFelice Lexington Theatre 315 Woburn St. 249 Marrett Rd. 80 Westview St. 1794 Mass. Ave. Sunday Sales Peddler m Sunday Movies Letter was received from John A. Collins, 36 Tower Road advising that he is interested in secur- ing a parcel of land that abuts his property. In 1955 the Board refused an offer received from one Davis S. Goldfine inasmuch as there is a drainage problem involved. It was still the opinion of the Board that It would be in the best interest of the Town not to I 0,4 1 dispose of the property. The Chairman agreed to contact Mr. Collins. The Board of Selectmen will meet next Monday even- ing, January 30th at 7:30 P.M. for an advertised conduit location in Maple Street and at 7:40 P.M. for an ad- vertised gasoline hearing upon application Of the Sun Oil Company. The next regular meeting of the Board is to be held on Tuesday, January 31, 1956 at 7:30 P.M. due to the fact that the Board would like to attend• a special meeting of the Lexington Rotary Club on Monday, Janu- ary 30th. The meeting adjourned at 10:05 P.M. A true record, Attest: ler ectmen 307 308 SELECTMENtS • MEETING January 30, 1956 A meeting of the Board of Selectmen. was held in the Selectmen1s Room, Town Office Building, on Monday evening, January 30, 1956 at 7:30 P.M. Messrs. Gay, Reed and James were present. The Clerk was also present. In the absence of Mr. Bateman, Mr. Reed acted as Chairman. Conduit Hearing was declared open upon petition of the location New England Telephone and Telegraph Company for per- mission to locate seventy-five feet of conduit in Maple Street. Mr. Consilvio, representing the petitioner, was the only person present at the hearing. Mr. Consilvio explained that the cable will be fed from pole #61/34 to the manhole which is privately built by the contractor. The cable will supply tele- phone service to the school. The company desires underground installation because there would have to be another pole in the event underground is not ap- proved. Mr. Gay asked if the entire line was to be under- ground and Mr. Consilvio replied in the affirmative. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to approve the petition and sign the order for the following underground conduit location: Maple Street:- From pole #61/34 northerly and southerly, approximately 75 feet. Mr. Consilvio retired at 7:34 P.M. At 7:40 P.M. hearing was declared open upon ap- Gasoline plication of the Sun Oil Company for permission to in - hearing crease the underground storage capacity of gasoline from 7,000 gallons to 8,000 gallons on premises lo- cated at 301 Massachusetts Avenue. Mr. James 0. Craig, Jr. representing the peti- tioner, was the only person present at the hearing. The Chairman explained that the hearing was be- ing held actually to correct a mistake in the capacity of the tanks there prior to the application submitted by the Sun Oil Company. Upon motion of Mr. Gan seconded by Mr. James, it was voted to approve the petition and grant a 1 1 309 license to the Sun Oil Company to increase the under- ground storage capacity of gasoline from 7,000 gallons to 8,000 gallons on premises located at 301 Massa- chusetts Avenue. The meeting adjourned at 7:h5 P.M. A true record, Attest: CI-1-a--2er ; Sel ctme 310 SELECTMEN'S MEETING January 31, 1956 A regular meeting of the Board of Selectmen was held in the Engineers' Room, Town Office Building, on Tuesday evening, January 31, 1956 at 7:30 P.M. Chair- man Bateman, Messrs. Reed and James were present. Mr. Gayer, Supt. of Public Works, and the Clerk were also present. • Petition was received from the New England Tele - Pole phone and Telegraph Company and the Boston Edison location Company for permission to relocate one pole on Marrett Road opposite Tufts Road. The existing pole will be out of line to the new proposed line of poles for guy- ing purposes. The relocation was approved by Mr.. Gayer. Upon motion of Mr. Reed, seconded by Mr. James, it was voted to grant the petition and sign the order for the following pole relocation: Marrett Road opposite Tufts Road 1 pole, Flan #05-311 Dated January 13, 1956. Mr. Stevens, Town Counsel, met with the Board at 7:45 P.M. PC = C") CLI 1 The Chairman read a letter from Mrs. Francis Coyne, 294a Bedford Street, re snow removal on the Snow removal property which is recorded at East Cambridge as a 29L{a Bedford private way. Street Mr. Stevens explained that a right of way is a right one person has to drive across land of another. When it is public, it is mentioned as a public way. The Chairman agreed to contact Mr. Lindstrom in an effort to determine how a building permit was issued to build on a private driveway. He reported that he had called Mrs. Coyne and discussed the sub- ject with her. Deputy Collector Mr. Stevens presented the Board with a copy of his letter to the Fireman's Fund Indemnity Co. in re Reginald A. Roberts, Deputy Collector. He advised the company that it appears there may have been failure by Mr. Roberts to turn over to the Collector of Taxes some of the taxes collected by him in the years ]1954, 1955 and 1956. Mr. Stevens discussed various special articles to be inserted in the Warrant for the Annual Town Meeting and explained that it is necessary for him to have complete information for a draft to be pre- sented.next Monday night. 311 Warrant Mr. Stevens retired at 9:50 P.M. The Chairman read a letter from the School Com- School mittee in regard to sidewalks, salaries of non-profes- Committee sional employees and painting maintenance. It was agreedto invite the School Committee to meet with the Board next. Monday night to discuss these subjects and proposed articles for the warrant. Letter was received from the Town of Wilmington Street requesting information for a program of street better- assessments went assessments. The Chairman agreed to advise the Wilmington Assessors of the procedure followed by Lexington. _ The Chairman read a letter from the Lexington Field and Garden Club calling attention to the oppor- Curbing tunity for improving the plot located at the inter- 'sect3.on of Hancock Street, Revere Street and Coolidge Avenue. If the Board is in favor of providing suitable curbing, available Emery funds might be applied to the prevision of decorative planting. The Chairman was authorized to advise the Club that the Board looks favorably on the project and will definitely consider it further after the final adjourn- ment of the Annual Town Meeting. . Upon motionof Mr. Reed,, seconded by Mr. James, it was voted to sign a.Certificate of Incorporation on behalf of Charles J. Sullivan, 143 Woburn Street; satis- factory character reference having been obtained from the Chief of Police. Cert. of Inc. Notice was received from the Board of Appeals of a hearing to be held on petition of Joseph Monsignore Board of for permission to remove gravel and fill from lot B.7, Appeals Laconia Street to Dana Road and Foster Road in the hearing Colonial Development. The hearing will be held Feb- ruary 166th at 8:15 P.M. Mr. Gayer stated that he would like to recommend Request for the purchase of a back hoe to be owned by the Town. back hoe Mr. James asked if he meant a small unit and he replied in the affirmative. 312 Mr. Gayer said that the Town could have used one last year, still hired the one it did hire and not finish all the services. He asked what would happen if Littlefield decided to leave the town. Mr. James inquired about the cost and Mr. Gayer replied that he has not had an opportunity to check. Mr. James said that if Mr. Gayer believes it is a unit the town should have, it should be included in this year's budget. Mr. Gayer said that he would not recommend getting rid of the half yard shovel. It can be used on the sand pile in the winter and.:although the trade-in value would be small, it still can be used. He agreed to obtain a figure for the Board's consideration. Mr. Gayer retired at 10:05 P.M. The Chairman was authorized to request the Per- sonnel Advisory Committee to submit -additional in- formation it may have to Mr. James as soon as pos- sible. The Chairman read a letter from Errol H. Locke Resignation submitting his resignation as a member of the Board of Appeals, effective March 3, 1956, due to the fact that he is moving from Massachusetts to Vermont. Upon motion of Mr. Reed, seconded by Mr. James, License it was voted to sign Sunday Movie License for the Lexington Theatre. Upon motion of Mr. Reed, seconded by Mr. James, Use of hall it was voted to grant the Lexington Kights of Colum- bus permission to conduct a Communion Breakfast in Cary Hall on Wednesday, February 22nd from 8:30 A. M. until 11:00 A. M. free of charge. The meeting adjourned at 10:15 P.M. A true record. Attest: 151 <Cle , S ectnnen 1 1 313 SELECTMEN'S MEETING February 2, 1956 A special meeting of the Board of Selectmen was held in Estabrook Hall, Cary Memorial Building, on February 2, 1956 at 8:00 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. Mr. Stanley Higgins, Assistant Town Engineer, and the Clerk were also present. The meeting was held for the purpose of making and establishing extensions and layouts of twenty- five streets to be presented to the Annual Town Meeting in March for acceptance by the town. Notices of the intention of the Board to pass an Order for the extensions and layouts were delivered by Constable to all property owners as they appear on the most re- cent tax list. The Chairman said that he would declare the hear- ing open and the first group of streets to be taken up were those built by developers and brought to town - specifications. He explained that onthese streets no betterments will be assessed. The first street to be considered was Fiske Road Fiske Road from Winchester Drive southeasterly approximately 1884 feet to Whipple Road. Mr. Reed stated that the town does not have drain- age ,easements on -some of the streets in the Sun Valley area and unless they are obtained the Board will not be able to present the streets to Town Meeting for accep- tance. He said the Town Engineer would try to get the necessary easements. No one appeared in favor or in opposition to -the proposed Order of layout. The next street to be considered was Locke Lane Locke Lane from Fairlawn Lane southeasterly approximately 1220 feet to Whipple Road. No one appeared in favor or in opposition. The next street to be considered was Whipple Road froal Lowell Street northeasterly approximately 1150 .feet. No one appeared in favor or in opposition. Whipple Road 314 The next street to be considered was Flintlock Flintlock Road from Redcoat Lane northerly, easterly and southerly Road approximately 1693 feet to Redcoat Lane. Mr. Carlo P. Domenichini, 1)4 Flintlock Road, was the thnly person present and he wished to be recorded in favor of acceptance of the street. Redcoat The layout of Redcoat Lane from Burlington Street Lane easterly approximately 1171 feet,was presented. Ralph D. Hill, 9 Redcoat Lane, was recorded in favor. Charles E. Farrenkopf, 5 Redcoat Lane, said that a dirt road betweeen his house was left unfinished and a shack left in the rear that was supposed to have been disposed of. He asked what was going to be done. The Chairman said that the Board is concerned with the layout of Redcoat Lane, and asked if it were a new street. Mr. Hill, 9 Redcoat Lane, said it goes nowhere. The Chairman asked if it interfered with the road at all and Mr. Hill replied in the negative and said it is a question he would like to discuss. Mr. Reed said it would be better to discuss the subject at a regular Selectmen's meeting and if he would get in touch with the Clerk, she would make an appoint- ment. Mr. Gerlad V. Fox, 3 Redcoat Lane, asked about the drainage. He said there is a storm drain in front of his property and outlets onto his property. The Chairman asked if he had an easement to allow the town to dump water in the drain. Mr. Reed said that there must .be some provision in the deed. Mr. Fox said that he did not know. The Chairman saidthat the Board would cheek into the matter and suggested that Mr. Fox look up his deed. He said that if he would give the Board about two weeks, an effort would be made to find out yhat rights were in- volved. Mr. Philip C. Boyd, 17 Redcoat Lane, asked if the street was improved, would it include sewer. The Chairman replied in the negative and saidthat acceptance of the street has nothing to do with the sewer, but it does include drainage, Mr. Fox inquired about the advantage of having an accepted street. The Chairman explained that if it is accepted and built to town specifications, it has drainage and sue - face. From the time Town Meeting votes to accept it, the road will be maintained. It if were not accepted cid 1 315 and became full of holes, it would be exp to the people to pay to have it repaired no matter what happened. Mr. Fox asked what would be the reason for anyone opposed to having a street accepted. Mr. Reed explained that the Board has to hold these hearings as a legal requirement but actually there is no reason fort he people to be too concerned. He stated that this particular group of streets have been built according to town specifications but on the other streets that have to be constructed, betterments will be assessed. Mr. Foxsaid that the contractor made an attempt to loam and seed but did a very poor job. He asked if the town would do anything about that. The Chairman replied that the town will not do, any loaning or set any slopes. Mr. Fox asked if the town would: plant any trees. The Chairman replied that the town will put in trees as fast as the money allows. He explained that there are several hundred planted every year and sug- gested that if he hoped to have trees in the next few years, he might purchase them himself as it might be some time before the town could do it. He further sug- gested that Mr. -Fox submit his request to the Board in writing. The layout of Mill Brook Road from Adams Street Mill Brook northwesterly approximately 351 feet was presented. Road The Chairman asked if the Planning Board had any comments to make and Mr. Adams, Chairman, replied in the negative. No persons appeared in favor or in opposition. The layout of Westwood Road from Mill Brook Road Westwood Rd. northeasterly and southeasterly approximately 1007 feet to Adams Street was presented. No persons appeared in favor or in opposition. At 8:25 P.M. hearing was declared open upon the Board's intention to layout Bernard Street, Calvin Street, Donald Street, Eldred Street and Ivan Street. Ivan Street The layout of Ivan Street from Eldred Street southeasterly approximately 710 feet to Bernard Street was presented. The Chairman explained that 75.5% of the people requested acceptance. He said that the Board would first like to hear from those in favor. Mr. Robert G. Philbrook, 28 Ivan Street, said that he had no comment. Mr. Harold Mortenson, 30 Ivan Street, Mr. Earl Outhet, 25 Ivan Street, Mr. Earl C. Batson, 42 Ivan 316 Street and Mr. Howard Dawes, 10 Bernard Street, wished to be recorded in favor. ,Mr. Reed expalined that the notice of intention described the distance as 710 feet and since then the Board has received a request from Mrs. Helen Hutchins, 9 Bernard Street, for further extension to include her property. He stated that, upon advice of Town Counsel, the Board has the right to make the extension further than the 710 feet mentioned in the notice. No one wished to be recorded in opposition. The layout of Calvin Street from Ivan Street northeasterly approximately 750 feet to Justin Street Calvin was presented. Street The Chairman explained that 7I.2 of the people requested acceptance. He stated that once the street is.constructed according to town specifications'it is a grade A street and practically the same foundation as that on Massachusetts Avenue. It will be paved with a smooth top and will be maintained thereafter by the Town. He stated that acceptance will include drainage. Mr. Dawes asked if the sides would be loamed and the Chairman replied in the affirmative. Mr. Dawes asked if curbing was included and the Chairman replied in the negative. Those who wished to be recorded in favor were: Daniel Ricci, 30 Calvin Street, Horace Temple, 3h Calvin Street, George A. Sherman, 29 Calvin Street, Frank J. Gerage, 27 Calvin Street, Ernest P. Cravinho, 5 C1vin Street, John I. Lima, 21 Calvin Street, Kenneth R. Wetmore, 25 •Calvin Street, George T. Cunningham, 15 Calvin Street, Myles I. Beers, 22 Calvin Street, Joseph J. Pyzynski, 17 Calvin Street, William P. Johnston, 10 Calvin Street, Virginia R. Eaton, 9 Calvin Street. No one wished to be recorded in opposition. •The layout of Donald Street from Ivan Street northeasterly approximately 750 feet to Justin Street Donald was presented. Street The Chairman expalined that 62.1% of the people requested acceptance. The following individuals wished to be recorded in favor: Nazareth Kashmanian, 6 Donald Street, Clayton A. Kemp, 11 Donald Street, Mrs. Clayton A. Kemp, 11 Donald Street, Elliott J. Barrett, 15 Donald Street, Terry Fratus, 18 Donald Street, Albert L. Hildebrand, 26 Donald Street'and Augustine Arsenault, 25 Donald Street. Mr. Barrett said he is in favor but would like to have the traffic slowed down.' No one wished to be recorded in opposition. can 1 317 Mr. Chiarles Crowley, 34 Justin Street, asked if anything was going to be done to Justin Street. 'The Chairman replied that no request has been re- ceived for acceptance. One individual asked about the drainage and Mr. Higgins explained that whatever needs to be done on the drainage will be taken ogre of. Mr. Outhet stated that he instigated the petitions and inasmuch as there were no houses on Justin Street, he felt the property owners would not be interested. Mr. Crowley said that he was opposed to the con- struction of Donald Street if Justin Street is not accepted. Mr. Reed explained that the street will not end at his back door but will go down beyond and almost flush to Justin Street, However, it -,ill not go around the corner to his front door. Mr. Crowley said that was his point and he is opposed. No one else wished to be recorded in opposition. The layout of Bernard Street from Bedford Street Bernard northeasterly approximately 1027 feet to Justin Street Street was ,presented. The Chairman explained that 60.9% of the property owners requested acceptance. The following individuals wished to be recorded in favor: Ernest Outhet, 25 Ivan Street (who owns a cor- ner lot), Howard H. Dawes, 10 Bernard Street and Mrs. Elizabeth M. McKeon,`40 Bernard Street. No one wished to be recorded in opposition. The layout of Eldred Street from Bedford Street northeasterly approximately 1050 feet to Justin Street Eldred was presented. Street The Chairman explained that 57.9% of the property owners requested acceptance. The following individuals wished to be recorded in favor: ThomasRoderick, 33 Eldred Street, DeVoe, 42 Eldred Street, David Ahern, 20 Eldred Street, Patrick A. DeVec'chio, 17 Eldred Street and Freddy R. Lutfy,"34 Eldred Street. No one wished to be recorded in opposition. One individual asked how corner lots were assessed and the Chairman explained that he would pay for the loner side. He stated that the cost is figured at $7.550 per front foot on each side, a cost of $15 maxi- mum, He said -that the average cost for such streets as these is $15 per foot and it is very possible that the cost on 'some one street might be less. 318 Mr. Higgins explained that the cost of construct- ing each street is figured out separately and if it is less than $7.50 per front foot, the owners pay less. At 9:00 P.M. the Chairman declared the hearing open on a third group of streets and stated that no decision would be made this evening. He said that he would call the streets one by one and ask those in favor to stand, give their names and make any comment they wished. He explained that the acceptance of a street means it will be built by the town to the same specifications as is seen on Massachusetts Avenue and throughout the new developments. The streets will be finished with a smooth top and the drainage will be ample. The layout of Allen Street from Waltham Street to Clematis Road approximately 1600 feet southeasterly was presented. Allen Street The Chairman explained that this particular street was in a little different category as it is now ac- cepted but very crooked and dangerous. He said the Board feels it should be straightened out before any development takes place in that area. He said that only two property owners were involved and that there would be no betterments assessed because Allen Street is one of the oldest Streets in Lexington and has been accepted since the beginning of the Betterment :Act. Mr. Henning Swenson, 170 Marrett Road, said that he does not live on Allen Street but owns land there and is in favor. The Chairman explained that Mr. Swenson owns both sides of the road" and Mr. Carroll is the only other abutter.' He stated that this improvement will be for the benefit of the town and not any one individual, as it would be very expensive to straighten the road after construction of houses had started. Mr. Thomas Costello, 36 Allen Street,' asked if the proposed road would go to Clematis Road and the Chairman replied it goes just beyond Swensont•s land. Mr. Reed explained the layout to Mr. Costello by use of a plan entitled "Plan.of Allen Street, Lexington, Mass., Scale 1* - 401, Jan. 30, 1956, Richard J. Gayer, Town Engineer". The' layout of Blake Road from Simonds Road south- easterly approximately 570 feet to Preston Road was pre- sented. The following indistiduals wished to be recorded in favor: Henry Reed, 91 Blake Road, Grant B. Cole, 97 Blake Road, James Leahy, 106 Blake Road. No one wished to be recorded in opposition. Blake Road 1 1 319 The layout of Henderson Road from Burlington Street southwesterly approximately 585 feet to Blake Road was presented. Henderson The Chairman explained that 100% of the property Road owners had requested acceptance. The following individuals wished to be recorded in favor: Charles 0. Rolando, 15 Henderson Road, Robert W. Nielson, 16 Henderson Road and John M. Denison, 8 Henderson Road. No one wished to be recorded in opposition. The layout of Nichols Road from Preston Road north- easterly approximately 530 feet to Blake Road was pre- Nichols Road sented. - The Chairman explains d that 85.1% of the property owners had requested acceptance. The following individuals wished to be recorded in favor: Harold M. White, 8 Nichols Road, Otis H. Bramhall, 9 Nichols Road and James J. Leahy, 106 Blake Road. No one wished to be recorded in opposition. -The layout of Rowland Avenue from Massachusetts Avenue southwesterly approximately 360 feet was pre- Rowland sented. Avenue The Chairman explained that 100% of the property owners had requested acceptance. - The following individuals wished to be recorded in favor: Mario P. Pfaff, 6 Rowland Avenue, Stanley C. Ballard, 2 Rowland Avenue, Edward T. Scanlan, 7 Rowland Avenue, Robert X. Geary, Rowland Avenue and John J. McNicholas, 5 Rowland Avenue. No one wished to be recorded in opposition. The layout of Wallis Court from Massachusetts Wallis Avenue southwesterly approximately 258 feet was pre- Court seated. The Chairman explained that 85.7% of the.property owners had requested acdeptance. The following individuals wished to be recorded in favor: Henry Gnade, 5 Wallis Court, Denis Fullerton, 6 and 8 Wallis Court and Wendell H. Burgess, 2 Wallis Court. Mr. Fullerton said that Mrs. Frank Comley was unable to attend the hearing but she is in favor. No one wished to be recorded in opposition. The layout of Grapevine Avenue from Kendall Road northwesterly approximately 1150 feet to Waltham Grapevine Street was presented. Avenue The Chairman explained that 92.6% of the property owners had requested acceptance. 320 The following individuals wished to be recorded in favor: Camile J. Tremblay, 29 Grapevine Avenue, Grapevine Henry Fradette, 35 Grapevine Avenue, William A. Karlsen, Avenue 39 Grapevine Avenue, Michael J. Crowley, 143 Grapevine Avenue, Edwin J. Donovan, 37 Grapevine Avenue, Douglas Robertson, representing Mrs. Edward Crouch, 11 Grape- vine Avenue, William J. Gibbs, 149 Grapevine Avenue, Mrs. Robert Jenkins, 145 Grapevine Avenue, Mrs. Helen Rose, 10 Grapevine Avenue and Mrs. Everett Chandley, 12 Grapevine Avenue. No one wished to be recorded in opposition. The layout of Daniels Street from Taft Avenue Daniels southerly approximately 500 feet was presented. . Street The following individuals wished to be recorded in favor: Mrs. Clare A, Burke, 8 Daniels Street, Lloyd H. Morey, 12 Daniels Street, Francis B. Quinn, 6 Daniels Street and Margot Pellcey, 14 Daniels Street. No one wished to be recorded in opposition. Jackson Court The layout of Jackson Court from Parker Street northeasterly approximately 255 feet was presented. The following individuals wished to be recorded in favor Charles H. Brenton, 6 Jackson Court, Mrs. Harold C. Denham, 8 Jackson Court and Arthur Silva, 9 Jackson Court. Mr. Silva asked if the drain coming down from Forest Street would go down between Bean's property andthe Chairman replied that he doubted if the drainage plans were worked out in detail and sug- gested that Mr. Silva discuss the subject with Mr. Higgins,. No one wished to be recorded in opposition, The layout of Milk Street from Carley Road south - Milk easterly approximately 685 feet to Hill Street was Street presented. The Chairman explained that 57.8% of the property owners had requested acceptance. Mr. John Mullen, 13 Milk Street, said t hat he was not in favor of the acceptance as a dirt road would contribute more to the longevity of his child- ren. He said construction would make it convenient for traffic to speed down Milk Street and he was definitely opposed. He said that it now is a quiet street and he would like to say that he just moved in two days ago. No one else spoke in opposition and no one was present to be recorded in favor. Gta 1 1 The layout of Pearl Street from Bartlett Avenue southerly approximately 375 feet was presented. Mr. Carl I. Wirpio, 22 Bartlett Avenue, said that there is a culvert going across Pearl Street and asked if it would be continued. Mr. Reed asked if he wanted it there or not. Mrs. Wirpio replied that she thought the culvert should be left to take care of the drainage. ' Mr. Higgins explained that a drain will be put in and they will not need the culvert. He said he *as sure it could be worked out all right. The following individuals wished to be recorded in favor: Charles Copelotti, 28 Pearl Street, Thomas F. Clougherty, 26 Pearl Street, Robert R. Carmody, 29 Pearl Street and Helen Mangan, 25 Pearl Street. No one wished to be recorded in opposition. 321 Pearl Street The layout of Arcola Street from Bartlett Avenue southerly approximately 395 feet was presented. The following individuals wished to be recorded Arcola in favor: Francis E. Mahan, 38 Arcola Street, John Street Garofalo, 39 Arcola Street, Raymond h. Withey, 142 Arcola Street, George D. Kenniston, 140 Arcola Street and Leo Enrico. Someone asked if the street would be extended be- yond #412 and the Chairman replied not at the present time. He said if it was going to be a subdivision, it will have to be constructed by the developer. A man asked when the street would be built and the Chairman replied some time during 1956. He ex- plaihe d that in 1955 the streets were not completed until December and the year before it was late Sep- tember or early October. He said it depends on how soon the engineering work c an be done and a'contract may be let. Ohe of the men said that late in the summer the town gravelled the top after putting in' the sewer. Then the sewer was put in two houses and the bulldozer dug the gravel off and put it to one side. The Chairman said that the town would take care of that. No one wished to be recorded in opposition. The layout of Diana Lane from Hill Street south- easterly was presented. Diana The Chairman explained that this would be one of Lane three entrances to the new development on the top of Robinson Hill. There are two first-class highways going in and Diana Lane would be a third major en- trance. 322 Mr. Richard Childerhose handed the Chairman a letter, and the Chairman said that inasmuch as the Board was'simply holding a hearing at this time the letter would be considered later: Mr. Leeland McConchie, 7h Hill Street, said that he owns a lot on Diana Lane and -wished to be recorded in favor. Mr. Harvey Newgent said that this was a continua- tion to Massachusetts ,venue and he was in favor of it. Mr. Albert S. Richardson, 3 Wingate Road, asked if there would be assessments against individuals now living in the Robinson Hill property. The Chairman asked if he was located on a corner lot'and Mr. Richardson replied in the affirmative. The Chairman 'said that he would be assessed on Diana Lane. Mr.'Richardson said that Wingate Road is black - topped and asked if he would be assessed in view of the fact this extension does not abut his property. The Chairman said t hat if the extension did not abut his property, he would not be assessed. Be said that if the part of Diana Lane that has been black - topped has not beep built according to town specifi- cations and the town rebuilds it, he would be assessed betterments. Mr. Richard Childerhose, 8 Diana Lane, said that the letter he just delivered to the Chairman would shed some light on the situation. He said that the portion of Diana Lahe Mr. Richardson lives on is actually an extension and finished to town specifications; the part the Chairman referred to was the unpaved part. The Chairman said that the Board would go through the information submitted very carefully before making any decision. Mr. Otis Brown, 11 Diana Lane, attended the haring but said t hat he did not care to make any comthent. Mr. James M. Reseoe, 10 Diana Lane, attended the hearing but said that he had no comment to make. The Chairman asked if the Planning Board had any comments and Mr. Adams replied that all his Board wanted was two exits but vio uld be in favor of a third exit if this is going to be a large development. The°Chairman asked if there were any plans for the extension of Wingate Road and Mr. Adams replied that there are preliminary plans. There is no cutoff to Bedford Street and it will go around the hill and come back about opposite Childs Road. Mr. Reseoe asked why a hearing was held before the abutters were polled. Mr. Reed stated that the town is asking to have this street accepted and not the people. 1 The Chairman explained that the town can accept a street in two ways; one in the interest of the public and the other at the request of the abutters. he said there are occasions such as this and mentioned Allen Street, Hillcrest Avenue and Hayes Avenue. Mr. Childerhose said that if this is being accepted in the public interest rather than for the benefit of the abutters, the betterment assessment should be considered for that reason. The Chairman said the Hoard would have to discuss the matter with Town Counsel. Mr. Rescoe saidthat the notice stated it was' -being taken under the law authorizing betterments. The hearings were, declared closed and the meeting adjourned at 9:50 P.M. A true record, Attest; S. 323 224 SELECTMEN'S MEETING February 4, 1956 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday, February Li, 1956 at 9:00 A.M. Chairman -Bateman, Messrs. Gay, James, and Maloney were present. The Clerk was also present. Mr. Harold E. Stevens, Town Counsel, Mr. Samuel Snow, Consultant to the Planning Board, Mr. Wilbur Jaquith, a member of the Planning Board, Mr. Saum, representing the Josiah Willard Hayden Recreation Centre, Inc., and his attorney, kr. Daniel A. Lynch, attended the meeting. The discussion was more or less as follows: Lynch: You know what our basic problem is. It is not a serious problem. Mr. Saum tells me in this Hayden Recreation Centre they have about $5,000,000 to spend in the Town of Lexington. That fund will be augmented on the death of Mrs. Hayden by another $1,000,000. There is about $35,000 that will come to the corporation through the Foundation in New York. Plan presented by Mr. Lynch. This was the general area Mr. Hayden gave to the town in 1937. He gave it with the reserva- tion, with which I am sure we are all familiar. It was offered to the town in 1938 and was put up to the Town MeetingiNovember 10, 1938. The vote of the town was to accept the gift of Mr. Hayden to be used as a public playground and recreation center and for the promotion of winter sports. Sidney Wrightington at the time explained what the provisions would be and that it would revert to Hayden or his heirs if the town ever ceased to use it for playground purposes. It was accepted oh that basis. The town, following that gift, went in I think and did some small amount of improvement to use the place for rec- reation purposes. Nothing of substance, as far as I know, has been done with it. In his will, Mr. Hayden left his estate to the Josiah Willard Hayden Recreation Centre, a charitable corpora- tion for the enjoyment of and use by the youth 1 1 32.E of Lexington. Mr. Lynch presented the Chairman with a copy of the instrument setting forth the purposes of the corporation. The fund is to be expended solely for the benefit of the children of Lexington of both sexes for recreational, educational, entertainment, etc. Then by Mr. Hayden' s will he left the residue of his estate to the corporation so the fund is to be administered by the corporation at alll times to relieve the town of any financial burden of the project at all times. In the will he left 61,000,000 in trust for his wife. Upon her death that comes into the cor- poration too., It is to be used with the pro- vision that no more than 140% of the principal shall be used for the building and 60% for main- tenance to provide entertainment and instruction. He then says in his will, and this is nothing binding on the town, "It is my hope that the Town of Lexington will provide the land neces- sary and appropriate for such building or build- ings, and I wish that they be located upon or adjacent to the Lexington Centre playground where there seems to be ample space.' That is pretty much in substance what the man has done for the town. On this land which has never been utilized. Back in 19148 when the town was looking for an elementary school site, it was suggested at that time that the school be located on part of this property. The Chair- man of the Board of Selectmen appointed a com- mittee to call on Mr. Hayden and they did. Robert Holt, Mr. Potter and Harry Wheeler called on Mr. Hayden to see if he would permit the town to locate a school on this property. The com- mittee reported back to the Town Meeting Mr. Hayden said he did not want a school located there because of the very substantial plans he had for the town. Then there was a vote at the meeting to have the town take such land as they needed for a school by eminent domain, to fore- close any right Mr. Hayden had, and that was de- feated. Now we come to the section where the corporation, in following his wishes, would like to get this tract back and break ground in June this year. 326 The building itself will be something the like of which there is nothing in the United States. It will be colonial in architecture. It will contain aaswimming pool built to specifications, 75' x 35', will be tiled and the last word in swimming pool facilities. There will be showers and everything needed in a well equipped pool. There will also be a gym which will be ultramodern and equipped with the very finest apparatus. To the left of the swimming pool and gym will be a second - story building for the boys for all boys' ac- tivities. Instructors will be provided for the educational information and recreation of the boys. To the right of the building, another two-story building will be utilized by girlt under instructors at all times. It will all be tied in together. The Hayden Foundation owns a series of these centres throughout New York State. They will have the best available instructors provided. It will be managed and directed by the Hayden Corporation which is a charitable organization and it will be for the children of Lexington and will not cost the town a penny. If they break ground in June, it will be ready in a year.There is a lot of ledge up there. Sound- ings and borings have been made. The land is buildable. To build on the part next to the playground -might be expensive but :they are willing to take that. They plan to have an outdoor skating rink, not enclosed, with a field house next to it which will be heated and will have lockers and maybe a television and record player. There will be ski slides and toboggan slides. On the land we realize there is a bit of a problem. We would like, as far as the Town Meeting -goes, to have this a proposition for the Board of Selectmen. I would prefer not to have anyone get up and talk about it one way or another at the Town Meeting. We will be there to answer questions if we can. We think the Board of Selectmen should present it to the town. The Chairman should present it to Town Meeting to see if the town will permit this land to revert to the Hayden Corporation. Chairman;: You will .allow such an explanation as you are giving now to the Town Meeting? 1 Lynch: Chairman: Lynch; Saum: James: Lynch: Jaquith: Saum: Lynch: 327 Yes, but I think it should come from the Chairman of the Poard whom we will brief. Mr. Saum and I will be there. I think it will come with better grace from the Chairman of the Board. The prob- lem of getting the land back can be worked out by Harold and I. Are there any questions? You talk about buildings. The toboggan slide and skating rink, are they called buildings? It will be a part of the recreation plan. There will be provided a parking area for about 600 cars. Cars will be on the property and no parking .problem at all. These facilities will be available to Adult groups in town, church groups and fraternal organizations. In the future the corporation may put up an auditorium to seat 1500 people and that will be available to all church groups and frat- ernal organizations free. We have heard from various groups in town who understood what we had in mind and have petitioned us for some space in these buildings. At the moment we have in mind one building which will be a boys' group and a girls' group which will be under one roof. That is the immediate program. How does the location and the reversion of the land affect the proposed by-pass road? I don't kilo* what ,:'She th,nkinpt_.of the town is on that. At the moment Worthen Road extension is indefinite. Very soon it will tie in the land Baskin has pur- chased. It will be very helpful to the Planning Board if we could have some sort of a plot plan of where you propose to put the buildings in the area so we can see how it will tie in. We too would be concerned because we would not want a highway to bisect the centre. Worthen Road was discussed as laid out on a plan presented by Mr. Lynch. We want to co-operate with the Town in every way but it does not seem prudent to have a main highway in the center of the playground. 32 Saum The present plan is to place the first build- ing on top of the plateau. It is not definite at the moment. Stone & Webster find plenty of ledge on the property up on the hill. If we find"*e.'ean utilize the top of the property and can have it, it will cost $50,000 to spread the ledge around. The parking area will be pabt of that six or seven acres. We would like that to be all part of one plan. Chairman: The road will not go through that hill. Saum: If we could have six or eight acres on the plateau levelled we could arrange to come in off Lincoln Street here. The immediate plan, if it lurks out, if•it is feasible and not too expensive, is to level about five feet off the plateau and provide six or seven acres on the top of the plateau for building, playground and parking area. The future development would be down on the lower level. We would be cancerned about this road. The building contemplates a membership of 2,000 boys and half that number of girls. It would mean 1,000 children play- ing around in that area. Stevens: It would not interfere with the proposed de- velopment if the road came in along here? Saum: I don't think so at the moment. My concern is that any road there, in our future stages of development, would have to be• such that it would not be hazardous to the children. We might be able to work something out. Lynch: This road might never go through there. abet is the thinking of the recreation people on playground facilities regarding a seventy- foot highway going through the heard of play- ground? It does not seem good. Maybe it is the only alternative. Chairman: Couldn't the road be fenced? James: I would look upon it fenced with an overpass. Jaquith: It would be helpful if part of the parking area could be down here somewhere. It could be used by,the Town in connection with athletic acti- vities. 1 329 Chairman: Mal one y : Stevens: Lynch: Stevens: Jaquith: Saum: Lynch: Chairman: Maloney: Chairman: Stevens: Lynch: Saum: I think that is a detail that aan be worked out. The foundation is willing to co-operate in any way it . can. The club house includes gym, swimming pool and all that sort of thing? Yes. The thing in the future is the auditorium. The only question is apparently this road and there does not seem to be any reason why the road could not fit in to it. If we -try to swing the road further away would the Hayden Foundation give us the Girl Scout hou se ? That house is not being used by the Girl Scoute now and it is being rented. If it became important for the Town to get the house, it could be worked out. I don't see any difficulty. These people are giving us $5,000,000. We are getting pretty small to be concerned about an old house. I think the enthusiasm would be so much that any small item such as this would never come. The only question would be what will this do to the road and you don't need any details. Just tell them that the road will go through., I think we should give the story to Alan immed- iately. After we have completed the first step of a boys' and girls' club we will know what it costs us. After we have titled to the propert j we have to let out the bids. We would like to break ground in June. As a rough guess, the building would be ready in nine months or a year. Stevens: Any public utility problems? 330 Maloney: Saum: Chairman: Stevens: Lynch: Baum: The No. We contemplate a flush pool. The water runs off the pool and through grates. It goes through a filter system and comes back into the pool as clean as drinking water. Harold, do you see any technical difficulties? None at all. When should we release publicity? Would it be well for Alan to stop in at our office one day and discuss it with one of our directors and get the f irst-hand story? meeting adjourned at 10:20 A. M. A true record, Attest: 1 SELECTMEN'S MEETING February 6, 1956 A r egular•meeting of the Board of Selectmen was held in the .Selectmen's Room, Town Office Building, on Monday evening, February 6, 1956 at 7:30 P.M. Chairman Bateman, Messt°s. Gay, Reed, James and Maloney were present. Mr. Gayer, Supt. of Public Works, and the Clerk were also present. Mr. Mahon, representing the Boston Edison Company, met with the Board to discus• proposed lighting for the new municipal parking area located between Waltham and Muzzey Streets. He presented two plans; one of the original lighting arrangement and one of the pre- sent arrangement. The Chairman said that he thought there should be a light at the entrance on Waltham Street. Mr. Gay inquired about the lights and Mr. Mahon replied that they are 2500 lumen. Mr. Mahon said that they could abandon the light at the entrance to Muzzey Street and put a light at the entrance on Waltham Street. Mr. Gay asked why there couldn't be a light at both entrances and Mr. Mahon replied that it could be arranged. Mr. Maloney said that there doesn't seem to be ample lighting at the Edison Way parking area. Mr. Mahon suggested installing 2500 lumen lamps on whatever poles the Board wants and if it is found that the illumination is not adequate, change to 6000 lumen. It was agreed'to place a light at the entrance to the parking arda on Waltham Street and eliminate one on—the second pole. Mr. Mahon referred to the hearing held two weeks ago on a pole location on Grove Street. At the time he had a plan showing the frontage on Mr. Northrup's land which he questioned. The company obtained the exact frontage from the registry and he has twenty feet -•more than he thought he had. He said he talked to M. Northrup and the location is now agreeable to him and presented the Board with a revised plan to be attached to the grant the Town Clerk will send the company. Mr. Mahon retired at 7:45 P.M. The Chairman read a letter from Carleton E. Mason, 361 Lighting Parking area 332 Shade trees 101 Shade Street, stating that the value of his prop- erty has been depreciated because of the removal of two old shade trees. He requested suitable replace- ments as soon as possible. The Chairman said that he did not know why the trees were taken down and asked Mr. Gayer to look into the situation and take care of it. Letter was received from Alta C. Galbraith, 178 Curbing Waltham Street, registering complaint because the curbing installation did not include his property. The Chairman requested the Clerk to make.a copy of the letter for Mr. Gayer and then asked Mr. Gayer to find out why the curbing was installed. Mr. Stevens, Town Counsel, arrived at the -meeting at 8:00 P.M. He discussed informally the Act passed in 1915 authorizing the assessment of betterments for water main extensions. Mrs. Francis J. Coyne*s letter re plowing 294a Snow removal Bedford Street was held over. private way The Chairman reported that permission was given by the Board of Appeals to build one of the houses, one house has been there for many years and he did not know how the other house came to be built there. He asked if the property owners should apply for accep- tance of the way. Mr. Stevens said that was the procedure if they wanted it to be a public way. He said that he did not know any reason why the town cannot plow it. Mr. Gayer saidthat it not an unaccepted street but is a private way. Mr, Gayer retired at 8:35 F.M. Mr. Stevens discussed the warrant for the Annual Town Meeting and retired at 8::50 P.M. The following members of the Capital Expenditures Capital Committee met with the Board: John A. Carrier, Mrs. Expenditures John Rich, Donald E. Williamson and D. Sargent Committee Goddard. Mrs. Rich said hat the committee wondered if the Selectmen could give -any final public works figures for 1956. The lhairman mentioned the following proposed budgets: Sidewalk construction $25,000 Curbing 12,500 Chapter 90 20,000 1 333 Drainage 50,000 Sewer construction 335,775 Water construction 130,000 Voting machines (rental) 1,200 Car for building inspector Mrs. Rich asked about recreation figures and the Chairman explained that the purchase of land in East Lexington is out. He reported that Mr. Baskin has offered to give the town land on Wyman hoad and an amount equal to the 1955 taxes will be recommended in payment. • Mrs. Rich asked if there were figures available on the Additional Town Office Building. Mr. Reed replied that the only figure is the one quoted the other evening. Mrs. Rich said that the committee is anxious to know if there is any change in the request for building the Franklin School annex. The Chairman said that he would have the answer •tomorrow morning if she would call him at the Select - merits Office. The Committee retired at 9:20 P.M. Mr. Nahigian, his attorney, and eight othex in- Nahigian dividuals met with the Board to discuss drainage on Middleby Rd, Middleby Road. drainage Mr. Nahigian said that he has been living here about one month. His cellar flooded and the field in the batsk of his house flooded and until this day his yard: has been under water. He said when he purchased the house there were no water marks in the cellar. During the hurricane the culvert was blocked. The town opened it and the water left on its own. It was left open for about four days. The following week the town put in a new and larger pipe. Three weeks after that it rained the whole weekend and the water did not leave but just stayed there. The neighbors told him the pipe was put in higher than it was before and that is what caused the water. He said during September and October there was an odor every night. He said if the pipe should be lowered and the town put it in, it should be lower to get rid of the water. He said the water is so deep a child could drown. The Chairman explained that after Mrs. Nahigian called him, he went over with the Superintendent of Public Works and checked. The pipe was actually a few inches lower, not higher, than it was before. It was lower on the side toward town than it was before. He stated that there are records here showing that com- plaints -were registered about water in the house as soon as it was built. 334 Mr. Woodhull, 220 Lincoln Street, said he has lived here since 1950 and walked all the way out to the middle of the meadow and looked all around. Since last August when it stormed so badly, water has been going onto his lawn. When it rained during hurricane Edna it was flooded and cleared itself in a matter of days and there was just as much water then as there was this year.. He said this year be- fore August when4we had the flood he has been all the way out to the end of his property. It is not a desert but, on the other hand, it is covered with about six inches of water as it is all over the area.. In addition, there are places where the water is at least three feet deep. He said to his knowledge this situation has been brought about by this storm and the replacement of the pipe with a new one. The Chairman asked if the water was running through the culvert all the time and Mr. Woodhull replied that there is a steady flow of water. He said there is some- thing that has caused the situation to change this year. The Chairman said he was correct. There never has been such a rainfall and the year before the water table was not the same. Mr. Watson, 11 Middleby Road, said that the new main has caused all the trouble. The sewer main was installed and the town made a road of that place, and it is dammed up. He said during the hurricane he had two feet of water right behind his garage and never had two inches before in all the years he has lived there, which is since 1927. He said that the culvert is not as low as it used to be. The Chairman asked if the water main was below the culvert and Mr. Watson replied that he was sure it is. Mr. Reed asked if the brook was on the other side of the trunk line and Mr. Watson replied that it is on the south side. Mr. Crandall, 40 Middleby Road, said that last year water continaully washed down from Outlook Drive; in fact came up from the catch basin which is located at the junction of Middleby Road and Outlook Drive. He said the water comes up and washes down Middleby Road. He said that it came in so excessively that it blocked up the upper half. The town went up and dug it out and, at that time, they were putting the pipe back in again. He said he thought it was higher and spoke to Mr. Weisinger who said it had to be. raised on account of the water main. The Chairman said that the Board would go up there and see what is causing the trouble, but he could not say this evening what could be done, if anything. Mr. Reed said that a more thorough study would be made. CLI 1 The Chairman explained that the water table all through the town is the highest it ever has been. Mr. Reed explained that if .the solution involves an expenditure of any money, it will have to be in- cluded in the budget and voted upon by Town Meeting. Those who were present wring the discussion were: Messrs. Arbeen4,232 Lincoln Street, Mederios, 20 Middle - by Road, Nalkashian, attorney for Nahigian, Chernay, 252 Lincoln Street, Conrad, 212 Lincoln Street.' Mr. Caney, 21)4 Lincoln Street, was unable to attend this evening. The group retired at 9:50 P.M. The with the Chapman, • Schools, present. The Chairman explained that the list of sidewalks Mr. 'Smith presented to the Board would cost between $150,000 and $200,000. He said there is, for the moment, $55,000 worth of sidewalks listed by the Board, part of ' which will be done by the State if the town appropriates money for black topping. The sidewalks, not State Prop- erty, will be gravelled. He mentioned the following sidewalks: Lowell Street from the Town line of Arlington up t oLaconia Street on the northern end; Maple Street, what is now completed, between Mass. Avenue and Lowell Street which may be a 'State project with curbstone and blacktop; • Part of Lowell Street is State from Maple to Summer Street. following members of the School Committee met Board: Chairman Marek, Messrs. Cromwell, Wadsworth and Martin. Mr. Smith, Su/pit. of and his secretary, Miss Smith, were also The Chairmen said that Woburn Street is included in the list but it is very doubtful that it will be recom- mended. He reported that Wilson Road and Crosby Road have been taken out Then there is the piece of Marrett Road from Middle Street to Lincoln Street; Lincoln Street from Audubon Road to Marrett Road. The Chairman said that $25,000 worth of sidewalks will be done'this year if the town votes the money. Mrs. Marek said she would like to discuss Crosby Road. The Chairman said that it is not a through road and there are signs up to that effect. He said the Board is suggesting that wooden horses be placed to 335 Sidwwalks 336 Janitors' salaries block the road after school in the afternoon and be- fore school in the morning. He recalled that the road was'put through at the request of the Sghool Committee and unless they take some action, it will be a through way. Mr. Smith saidthat the original layout of Crosby Road provided sidewalks. Mr. Reed said the Board had no knowledge'of a sidewalk. Mrs."Marek asked if it wasn't wiser to s3ppnd money for sidewalks than it is to spend it for transportation. The Chairman"said there was no question about their comments but the Board is now asking for fifty cents on the tax rate just for this year's sidewalks, which is only one item. There is also drainage, streets and sewers. He said that itwnuld cost a quarter of a million dollars to do the sidewalks correctly. Mrs. Marek asked if the $25,000 would cover all the streets mentioned and the Chairman replied that it would take care of only about half of them. The subject of janitor's salaries was discussed. The Chairman read the salaries established for the janitors and saidthat he'could see no reason why the School Committee could nbt have a copy of the re- port submitted to the Board by the Personnel Advisory Committee. The subject of the Town painter was discussed and the Chairman explained that, without hiring more painters, it isnot going to be possible for Mr. Shea and his assistant to work at the schools this year. Mr. Wadsworth mentioned building up a painting crew and the Chairman saidthat the School Department should handle their own painting problem separate from town painter. Mr. Chapman said it will cost more to have the school painting done by contract. The proposed addition to the Franklin School, which Mrs. Marek stated will cost $400,000 for eight rooms and an all purpose room, plus grading, was dis- cussed at length. The meeting adjourned at 11:10 P.M. A true record, Attest: 1 337 SELECTMEN'S MEETING February 7, 1956 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tues- day evening, February 7, 1956 at 7:30 P.M. Chairman Batei*an, Messrs. James and Maloney were present. The Clerk was also present. The Chairman read a notice from the ABC advising Liquor that the census shows the populaition of the town to License be 22,256 which would allow the issuance of an addi- tional license for the sale of all alcoholic beverages. The Commission requested information as to action taken by the Board under the provisions of Chapter 197 of the Acts of 1952. Mr. James said he thought the Board should take a vote to the effect that it wants the number of licenses limited. No action was taken and it was agreed to discuss the subject further next Monday night. Letter was received from the Chief of Police re the pedestrian walk light at the corner of Locust Pedestrian Avenue and Massachusetts Avenue. The State advised Light East that, with some alterations, this could be done at a Lexington cost of approximately $900 or $1,000. Letter was received from the Board of Health re- Budget questing that the 1956 budget be increased $25000to cover the cost of the polio vaccination program, not including the, vaccine which will be provided by the State free. Letter was received from Dog Officer Mowat ad- vising that 254 persons had been notified that their dogs were unlicensed and 16)4 responded bringing into the town $488. He has the names of 90 persons who did not answer and they will be submitted to the Middlesex County Dog Officer. The Chairman was authorized to advise Officer Mowat that his explanation was received too late for an increase in salary to be considered this year, but a memo will be kept on file when 1957 budgets are dis- cussed. Letter was received from the Personnel Board of Bedford requesting a copy of the salary plan for the Dog Officer 00 Salary plan Vet. Lot Town of Lexington. The Chairman was authorized to advise the Bedford Personnel Board that at the present time Lexington does not have a definite salary plan and that sal- aries are established by the Board of Selectmen in conjunction with the various department heads. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to execute a deed, prepared by Town Counsel, conveying Veterans' Lot #2 Hill Street to Arthur W. Collins and Barbara W. Collins, h/w, 10 Spencer Street, Lexington.* The Chairman read a letter from the Town Clerk Claim advising that summons had been received by him, Herman B. MacKay and Margaret R. MacKay, petitioners. Copy was sent by him to Town Counsel. Letter was received from Mrp. Rich, Collector of Deputy Taxes, advising that she has been in contact with Mr. Collector Wilson, an Associate Commissioner of the State, with reference to the appointment of a new Deputy Collector. Mr. Wilson sent a man out to see her who is highly recommended and has been associated with the State for thirty years. If appointed, Mrs. Rich will need an additional $100 in her budget to cover warrants f or which the Deputy is paid $1.00 each for those returned which he is unable to collect. Upon motion duly made and seconded, it was voted to appoint John J. Carroll, as Assistant Superintendent of Public Works in the Town of Lexington, effective February 8, 1956. The meeting adjourned at 8:15 P.M. A true record, Attest: 1 SELECTMENtS MEETING February 13, 1956 • A regular meeting of the Board of Selectmen was held in the Selectmenta Room, Town Office Building on Monday evening, February 13, 1956 at 7:30 P.M. Chair- man Bateman, Messrs. Gay, James and Maloney were pre- sent. Mr. Gayer, Superintendent 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 permission to relocate one pole on Lowell Street. Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. Mr. Mahon explained that the pole is to be moved from in front of the gas pumps down to the lot line which will permit easier access to the pumps. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to grant the petition and sign the Order for the following pole relocation: 338A Pole location Lowell Street, southeasterly side approximately 115 feet southeast of Woburn Street. One pole. (One existing j/o pole to be removed) Mr. Mahon referred t o proposed illumination for the new parking area and explained that the present plans call for 2500 lumen lamps. He recalled that it was men- tioned that 2500 lumen was inadequate for Edison Way and might also be inadequate in the new parking area. He then suggested installing 2500 lumen and later changing to Illumination 6,000. for parking The Chairman mentioned placing shades on the lights area and Mr. Mahon said that a shade might help. It would kill the light in back of the shade and does not reflect the light. The company does not like shades as they more or less defeat the purpose of street lighting. Mr. Maloney suggested trying the 2500 lumen and if they prove unsatisfactory changing to 6,000. Mr. Mahon stated that when he said /4,000 lumen lamps could be used it was on the basis that they would be a series circuit. However, he now finds out that they are on a multiple circuit. If they now install 2500 lumen lamps and use a certain type of head on the fixture that 338B Diana Lane is all right. If the Board desires to increase the capacity later to 4,000 lumen lamps it will require changing the entire head on each lamp because they are multiple. That will involve a charge for labor of $16,00 per lamp, and there are nine lamps, to- gether with a charge of about $30.00 per lamp for the new fixture. There is no salvage for the old .-fixtures... If the Board desires now to order the 4,000 lumen lamps before any construction is done, the only charge would be for the additional .running of the buritg of the lamp which is less than 22/ per night per lamp. The Board was unanimously in favor of installing 4,000 lumen lamps before construction is started. Mr. Mahon retired at 7:50 E.M. Jr. Leeland McConchie met with the Board relative to proposed acceptance by Town Meeting of Diana Lane. The Chairman explained that the situation is such that the Board does not know what to do about the accep- tance of. Diana Lane because, on the face of it, it ap- pears as if the Selectmen were in a conspiracy due to the fact that the only signatures on the petition for acceptance are those of Mr. McConchie and his wife. He said the Board understands he intended to pave the street originally but was prevented by a suit in equity. He stated that the Board would like to have Diana Lane paved and it should be for the good of the entire area, but doubted if Town Meeting would approve. He said that the only way it can be done is for Mr. McConchie to stand the expense of the road if it is that important to him. He stated that the Board knew he was going to do certain things per an agreement. Mr. McConchie said according to the agreement it has a gravel road with no blacktop. He said the ori- ginal request was filed before the June Town Meeting but not in time to be included in the warrant. At that time he owned two other houses there on DianaLane which have been sold. He said he purchased some expensive. property down over the hill with access on Massachusetts Avenue and Cedar Street so he is not too concerned about Diana Lane. He ,said all he wants to say is that he is in favor of having it paved, but it it is not accepted he will not be upset. , Mr. Maloney asked if he were obligated to, pave it and Mr. McConchie replied that he was in the beginning of the development. Part of theirproperty is on the new development and part on the old development. He said he had the contract all let to Rupert Stevens to pave down to Hill Street. He said the road is still in 1 1 338C the rough and *ill never be suitable because of the wash there. He said it is getting rougher and he did not know who would maintain it. The Chairman asked if Mr. McConchie could see the Board's position and he replied in the affirmative. The Chairman said that the only way for the town to do it is for the Board to declare it is necessary for the good of the public and the cost would have to be borne by Mr. McConchie. Mr. McConchie said that according to a letter from Mr. Northrup he will be sued whether the town accepts the street or not. He said he would leave it up to the Board and would not be disappointed if it does not go through, but he is in favor of it. Mr. Maloney asked if Mr. McConchie had an agreement with the Planning Board and he replied that he did not have any agreement on the old section. He said it was his own idea to do it, and at that time he would have charged it off to other properties in there but it is too late now. He said it would be all right with him if the Board decided to take no action this year. Mr. McConchie retired at 8:20 P.M. Letter was received from the Town Celebrations Article Committee together with proposed article to be inserted in the Warrant. The Chairman called Mr. Lewis, Chairman of the Committee, and discussed the subject with him. It was finally agreed to change the number of the Committee members from fifteen to nine. Petition was received from property owners on Petition for Wilson Road requesting abatement of street betterment abatement assessments because the construction of the new school has changed the road from a dead-end to a busy thorough- fare, and is being used by all citizens of Lexington. Mr. Stevens suggested advising that the petition was filed too late to be considered as a strict applica- tion for abatement and in any event all the streets con- structed in town under the Betterment Act are used not only by those individuals who live on them but by many more. Mr. Stevens read a letter relative to the loca- tion of a National Guard Unit in Lexington. It was agreed that Mr. Stevens would report back that the Selectmen are favorably inclined but know of no place in the town that would be suitable and if an appointment is desired t� discuss the subject, the Board will be pleased to make one. National Guard Unit 338D Drainage Drainage Dictaphone Rowland Ave. sidewalk Dump The Chairman read a letter from C. S. Tuck, 16 Spring Street, complaining about a storm drain located at the base of his driveway. Mr. Gayer said that he had inspected the property and the drain should be raised but not moved. He said he'did not feel justified in recommending spending sev- eral hundred dollars to move the catch basin. He said he would, however, have it raised in the Spring. Letter was received from John C. McFarland, 481 Concord Avenue complaining about water in front of his property. Mr.Gayer reported that to correct the situation is quite a project and would be expensive. The Chairman was authorized to advise Mr. McFarland that the budgets for 1956 are now final and the warrant is closed so it is too late to include an appropriation for this year, but the item will be considered when the budgets are prepared for 1957. Letter was received from the Dictaphone Corporation quoting a price of $399, without Federal Excise Tax, for a Dictaphone Time -Master Combination dictating -transcrib- ing machine. A lengthy letter was received from Stanley C. Ballard, 2 Rowland Avenue, suggesting location of a sidewalk on the south side of the;;paved street. The Chairman was authorized to advise that the Board does not contemplate construction of a sidewalk and diseussion'of same will be taken up at a later date. Mr. Gayer reveiwed the regulations governing the dump on Lincoln Street and asked if it was the Board's intent to have a gate put up there. Mr. Maloney said it was the Board's intention to have the dump properirfenced in. Mr. Gayer explained that there is no money approp- riated for a fence and the pickers are becoming offen- sive to the public. He asked if it were agreeable to the Board for the town employee to pick the dump. M James replied that he would have no objection providing he did his job. He asked what type of- autho-rity the man on duty should have and Mr. Gayer replied that that is forth° police. He said the attendant should be made a Special Police or call the police when he runs into trouble. Mr. Maloney said that the first thing to do is to have a fence put up and a gate installed. He said that then there should be a shelter for the attendant and if necessary have a telephone installed in it so that he could call the police. He suggested that Mr. Gayer spend 1 1 1 the money out of the Dump account and if it runs short at the end of the year, a transfer will have to be re- quested. Letter was received.from Robert Jeremiah, Wire Inspector, advising that he has not had a vacation in two years and plans to take one from February 22nd un- til March 9th or 10th. A short discussion was held re vacations for part-time employees and it was agreed to disapprove the sum of $120 included in the Plumbing Inspectorts Personal Services budget which was to provide for a Substitute Inspector. Mr. Gayer retired at 10:00 P.M. 338E Vacation Upon motion of Mr. Maloney, seconded by Mr. James, it was unanimously voted to appoint Mr. Donald E. Appointment Nickerson a member of t he.Board of Appeals for the to Board of unexpired term ending March 31, 1957 to fill the -'ac- Appeals ancy caused by the resignation of Mr. Errol H. Locke. Letter was received from Edward R. Reid, 72 Tax title Pleasant Street, offering $1200 for lots 30 and 31 property Hillcrest Street. The price established for these lots some time ago was $1900 including betterments. Mr. Maloney suggested deferring action until he had had an opportunity to determine whether or not the lots, which are only fifty feet, can be built upon. Letter was received from the board of Public Wel- fare requesting approval of an expenditure of $73.814 from a Trust Fund to pay for hospitalization and moving ex- -.penses incurred by Pedro and Anna Torres, formerly of Transfer 63 Westview Street, who were burned out of their home on December 28th. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to request the Trustees of Public Trusts to approve an expenditure from one of the trust funds to pay for the expenses incurred. Letter was received from Mrs. Cheever, Secretary of the Town Celebrations Committee, requesting $10 for postage stamps. Letter from the Alcoholic Beverages Control Com- Liquor mission re Chapter 197 of the Acts of 1952 pertaining License to the issuance of another liquor license.was held over from last week. It was agreed,to take no action until after the March election when the personnel of the Board would be changed. 338F Letter was received from William H. McNamara, 9 Police Wildwood Road, describing an incident that happened to Mrs. McNamara when she needed aid of the police cruiser which was not given. A detailed report is to be requested for the next meeting of the Board. Bus route Petition was received from the Middlesex & Boston Street Railway Co. for permission to operate motor vehicles for hir.e:in both directions on route 128 between Bedford Street and the Lexington -Waltham line including ramps at exits 36 and 37,at Bedford Street exits 38 and 39,.at Marrett Road exits j0 and )}1 at Concord Turnpike. .Before taking any action.on the petition, the Board would like to discuss the subject with a rep- resentative of the company. Barnes Letter was.received from Miss Mary M. Fuller, property 12 Hayes Avenue, requesting permission, on behalf of the Kiwi Club•(former American Airline Stewardesses) to use the Barnes property for a rummage sale on April 114, 1956. . Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. Sunday Upon motion of Mr. Gay, seconded by M1. Maloney, Movies it was voted to sign a Sunday Movie License for the Lexington Theatre. Upon motion of Mr. James, seconded by Mr. Maloney, Warrant it was voted to sign the Warrant for the Annual Elec- tion, March 5, 1956 and the Adjourned Town Meeting, March 19, 1956. Orders of Upon motion duly made and seconded it was voted Layout to sign Orders of Layouts on the following Streets: Bernard Street, Calvin Street, Eldred Street, Grapevine Avenue, Rowland Avenue, Daniels Street, Ivan Street, Westwood Street, Mill Brook Road, Redcoat Lane, Locke Lane, Flintlock Road, Fiske Road, Whipple Road, Diana Lane, Nichols Road, Jackson Court, Blake Road, Henderson Read, Pearl Street, Arcola Street, Donald Street, Wallis Court. Letter was received from Mrs. Chester Cook, Sec- retary of the Lexington Field and Garden Club, ad- vising that the plaque to be placed in Emery Park in honor of Mr. Frederick L. Emery will be a stone surface 18" long and 10" wide with the inscription "Frederick L. Emery Park Named to Honor a Leader in Civic Improvements". The Chairman was authorized to advise Mrs. Cook that the proposed plaque and inscription was approved by the Board. Letter was received from Maurice F. 'Shaughnessy requesting permission, on behalf of the Sun Valley Associates, Inc., to conduct a meeting in Estabrook Hall on April 2, 1956 from 8:00 P.M. until 11:00. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the use of the hall free of charge but subject to a fee of $1.50 per hour for janitor's overtime services. The meeting adjourned at 10:L45 P.M. A true record, Attest: 338G Plaque for Emery Park Use of hall 339 SELECTMJMEN ' S MEETING February 20, 1956 A regular meeting of the Board of Selectmen was held in t he Selectmen's Room, Town Office Building, on Monday evening, February 20, 1956 at 7:30 P.M. Chair- man Bateman, Messrs. Gay and James were present. The Clerk was also present. Hearing was declared open upon intention of the Board to lay out Fottler Avenue from the southwesterly Fottler line of the location of the. Boston and Maine Railroad Avenue to the northeasterly line of the location of said railroad, a distance of approximately 50 feet. Notice of intention to lay out was served by Constable. No one appeared at the hearing in favor or in opposition. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to sign the Order of Layout. Letter was received from the Lexington Visiting Nurse Association inviting the Board to appoint a rep- resentative to serve on the Board of Directors of the Association. The Chairman was authorized to acknowledge the letter and advise that inasmuch as the personnel of the Board will change March 5th, action will be de- ferred until that time. The Chairman read a letter from Suptt. John School Blackhall Smith to which was attached a copy of a addition survey of the need for the Franklin School addition. data The informationwas noted and placed on file. Letter was received from Rev. Harold T. Handley requesting permission, on behalf of the Parish of the (church of Our Redeemer, to erect a temporary stand on the Rectory grounds April 19th for the sale of food and novelties. The Board had no objection. Upon motion of Mr. Gay, seconded by Mr.. James, it was voted to sign a Sunday Movie License for the Lexington Theatre, Inc. April 19th stand License The Clerk reported that Mr. Bruce Garfield, rep- resenting the Youhg Republican Club, had requested Use of room 340 permission to conduct a meeting in the Selectmen's Room on February 22nd from 8:00 P.M. until 11:00 P.M. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grsnt the request. Tax title The Chairman referred to tax title Lot 72 Tower property Road and stated that the Board has been going on a false assumption that there was a drainage problem in- volved. He•explained the situation by a sketch and said that Mr. Collins, an abutter would like to pur- chase the lot, not for building purposes. In April, 1955, Mr. David S. Goldfine submitted an offer of $300 on behalf of James F. Gleason, an heir of the former owner. The Chairman was authorized to advise Mr. Goldfine that the Board will shortly advertise this lot for sale but if and when it is sold it will be with the re- striction that no building can be erected on it. If his client is still interested, he should so advise the Board not later than March 5, 1956. Mr. Stevens, Town Counsel, arrived at the meeting at 8:06 P.M. Memorandum was received from the Massachusetts Selectmen's Association re Bill Fl -996 an Act providing for a forty -hour work week for police officers of cer- tain cities and towns. This act would require every town which accepts it by vote of an Annual Town Meeting to place regular police officers on a 40 hour week re- stricted to five days and eight hours in any one day arranged to fall with 92 consecutive hours. It further provides that additional hours may be authorized but shall be paid for as overtime. Preference shall be -given to police officers on the basis of years of em- ployment by the police department in assignment of hours of work. The, Lexington officers work 41* hours which the Board felt was not out of line. The Chairman was in- structed to contact Representatives Ferguson and Brox on the subject. Mr. Stevens retired at 8::20 P.M. Mr., Roy Milton, representing the Middlesex & License to Boston Street Railway Co. met with the Board. operate He explained that the company is trying to ob- buses tain a license to operate on Route 128 where they cross it in so many places. He stated tha'they have re - 1 341 quests from different industrial plants along the route. At present, they do operate a bus from Harvard Square to the insurance company in Waltham. The company does not want to run any regular service, but would like to use Route 128 in connection with these plants. At present special buses are run on Route 128 but in order to carry passengers for hire they have to have a license. The Chairman asked if this would involve any change in the town and Mr. Milton replied in the negative. The Chairman asked why Lexington should issue a permit to operate on Route 128.. Mr. Milton replied that the company cannot obtain a permit from the D. P. U. until it obtains a license from the town. He stated that the company is not planning on any sertice at the present time, but just to take care of the plants. Mr. James asked if there was a bus line presently doing this and Mr. Milton replied that to his knowledge no one has a license on Route 128. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant a license to the Middlesex & Boston Street Railway to operate motor vehicles for the carriage of passengers for hire upon certain ways on streets in the Town of Lexington as follows: In both_directions on Route 128 between Bedford Street, Lexington and the Lexington -Waltham Town Line including ramps at Exits 36 and 37, at Bedford Stredit_ Exits 38etpd 39,..at-Mdrrett Road .Exits 40 and 41 at Concord Turnpike. Mr. Milton retired at 8:30 P.M. At 9:00 P.M. Chief Rycroft met with the Board. Complaint re The Chairman asked if he had a report on the in- police cadent involving Mrs. William H. McNamara, who claimed she had to walk from Marrett Road and ?Waltham Street home to Wood Street at 2:00 A.M. because the Officers in the cruiser ignored her. The Chief explained that the report is not com- plete, as they would like an opportunity to talk to Mrs. McNamara. He will have the report for next Monday night. The Chairman stated that the Board has a letter from James Burdick, a copy of which he gave the Chief. He asked if the Chief had talked to Burdick. The Chief replied in the affirmative and said Burdick's resignation & vacation 342 that he knew the letter of Burdick spoke to him about The Chairman asked if Chief if Burdick left this plied in the affirmative. his vacation. The Chairman said that as far as the Board could make out no one ever received Vacation pay unless they worked a year. The Chief said that Burdick came to work in January 1948 and had no vacation that year. At the time, an employee had to work a year before he was en- titled to a vacation. The Chairman explained the vacation policy adopted by the Board on October 31, 1955. Mr. James stated that as of today there is a period of eight months, six during 19L8 and two during 1956 for which he has had no vacation. The Chief said that this should not apply to Burdick. Mr. James explained that the Board decided on what it considered to be a fair and equitable vacation policy which would apply to everyone working for the town and this is it. The Chairman asked the Chief how many week's vacation he thought Burdick had coming to him and the Chief replied that he thought he had two weeks and that is the way he would like to see it. The Chairman stated that the Board would make a decision later in the evening. The Chairman said that he has been, and still is, much concerned about the Police Department. He thought he would be going out of office without saying anything, but does think there is a serious situation in the De- partment. He said he did not know how aware of it the Chief was. He said that Burdick is just one, but he knows of some men, by some he meant two, who are planning on taking other jobs. He said that this is not a^_ques- tion of salary. These men are well aware of what their salary is and know what they would like but they are very unhappy. He said that it is a series of little things. The Chief asked what things and the Chairman re- plied that is the trouble. It is not a question of saying someone did not like this or that. It is a question of morale throughout the department. He said he could not put his finger on it. He said he told the Chief the other day that the Board had not done very well, by the Police Department. He said that the Chief has a group of very unhappy officers there. resignation was coming. two weeks ago. it was all right with the week -end and the Chief re - He said that Burdick wants 1 346 They don't feel that the management, the officers who lay down the policy etc. are too much concerned with the welfare of the men. He said that they are told to do things and they do them, but they feel their welfare is not of prime importance. The Chief asked what the Chairman meant and he replied that they feel the Chief does not seem to be sympathetic to them. As one fellow said the organiza- tion does not have the confidence in the management and the management is not sympathetic. He said morale is something one can't put one's finger on. He said he thought the Chief had something he should be much concerned about this year. He said he knew the de- partment was going to lose a man or two. The Chief referred to Officer Burdick's resig- nation and the words "more lucrative position" and said that was the truth. If he had anything to say, he would have said it as he is getting through. He said that the Chairman would not like to have his employees dictate the hours in his store and would operate the business the best he knew how. He said that as long as the men can get someone to listen to them they will pour out their woes. He asked what has hhpperied for two years on a pay raise and said he would start with the Salary and Wages Committee. They were not ready to report last year and there were no raises. He said the Board would see two or three men go if they are passed up this year. They know there is a report from the Com- mittee. Those are the things they are griping about, All he hears is wages. He said he knew Officer Burdick, how he works and how he tries to get people involved. He has`not written that he is leaving because he is dissatisfied, but because he is going to get more money. The Chairman said he just wanted to tell the Chief, as the let time he will have anything to say as a mem- ber of the Board of Selectmen. He said in his business he opens the door in the morning and says "Good Morning" to the employees and when they go home at night the last person they see is him and he says '"Good Night." He said he thought that helped a great deal. He ex- plained that his employees do not tell him what they shall do or shall not do, but he does listen to the*. If they have an important request and he can grant it, he does. He said he can see trouble ahead and thought the Chief should know. Mr. Gar asked how the change in shifts suited the men and the Chief replied that some of them are unhappy about it. When the order was written, a copy of which was sent to the Board, it was on a trial basis. He said some of the -men complained because they had a meal at three today and the next day when they came to work they ate at six. He said that he may change back but he does 344 not know yet. The Chief said that the day and night has nothing to do with it. The trouble is there is too much inter- ference with their outside work. He said if the men are given a raise this year he will enforce the no working outside, but first there had better be some co-operation from the Fire Department. It is diffi- cult for him to enforce the rule *hen the firemen work outside. The Chairman asked if the Chief felt that had in- terfered with the efficiency of the men and he replied in the affirmative. The Chairman asked how many hours the men work and the Chief replied 1414. The Chairman inquired about the one quarter and the Chief explained that is the fifteen minutes for lunch. The men report at quarter to eight until four and they have fifteen minutes for lunch. The Chairman asked if they actually work forty hours a week and the Chief replied in the affirmative. Mr. Gay asked if the Chief would request another list if two more men go. The Chief replied that the State-wide examination is in April and the men wv ntt be available for work un- til September. He saidthat he called Civil Service and was told that there:'is no list. Chief Rycroft retired at 9:25 P.M. Based on the vacation policy adopted by the Board on October 31, 1955, it was determined that Officer Burdick is entitled to one weekts vacation pay. The meeting adjourned at 9:35 R.M. A true record, Attest: 1 345 SELECTMEN'S MEETING February 27, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 27, 1956 at 7:142 P.M. Messrs. Gay, James and Maloney were present. Mr. Gayer, Superin- tendent of Public Works and the Acting Clerk were also present. In the absence of Mr. Bateman, Mr. Gay acted as Chairman. Petitions were received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for the following pole locations: Pole locations Burlington Street, at Graham Road, - One (1) pole. (One (1) existing JO pole to be removed.) Scotland Road, northeasterly from a point approximately 120 feet northeast of Appletree Lane, -- Seven (7) poles. Peartree Drive, northeasterly from a point approximately 15 feet northeast of Lowell Street, -- - Two (2). poles. Appletree Lane, opposite Peartree Drive, -- One (1) pole. Appletree Lane, northerly from a point approximately 135 feet north of Peartree Drive, Ten (10) poles. Gleason Road, northerly from a point approximately 55 feet north of North Hancock Street, Seyen (7) poles. Wood Street, northwesterly side, approximately 35! northeast of Massachusetts Ave., -- One (1) pole. Massachusetts Ave., southerly side, approximately 590' west of Paul Revere Road, -- One (1) pole. OM AIN 346 Peachtree Road, southerly from a point ap- proximately 20 feet south of Wbbnrn Street, Five (5) poles. Guy wire and anchor on 5th pole. School Street, westerly side, southerly from a point approximately 205 feet south of Eastern Avenue. Two t2), poles. (Two existing JO poles to be removed.) School Street,. westerly side, northerly from a point approximately 80 feet north of Marrett Road, Nine (9) poles. Guy wire and anchor on first pole. (Nine existing JO poles to be removed.) Mr. Gayer stated that all the changes had been made in the pole locations before the Board had a chance to ap- prove, them. The streets had been accepted and therefore the Boston Edison may have assumed it was all right to go ahead with the poles. It was unanimously agreed to ask Mr. Mahon to attend the meeting next Monday night with further explanation regarding these pole locations. Mr. Gayer presented a bill from DeVries Construction Company relative to 12"' cast iron water pipes used in their Unpaid development of Sun Valley section. The subdivider has to bill provide all the hydrants and fittings. It was unanimously agreed to pay this amount from the Water Construction account; Mr. Gayer having checked and found that there were sufficient. funds to cover this bill. Mr. Stevens arrived at the meeting at 8:05 P.M. Mr. Stevens presented three certificates of entry for trunk line sewers and also plan of sewer easement on Cedar Street for the Board to sign. The taking of easement for trunk line sewer on Thom- psonts property was also discussed; same being on the corner of School Street and Massachusetts Avenue. In 1953 the Town extended the sewer up School Street but only .went part way by Thompson's land. Mr. Stevens suggested certificates of title to take liens off the lots which have betterments. The takings have been made. Easements After a few moments discussion, Mr. Stevens left the meeting at 8:1.15 P.M. C") 1 347 At 8:1.45 P.M. Chief of Police, John W. Rycroft, met with the Bowd. The Chief had previously left a letter of explanation regarding the McNamara incident February 11, 1956, to- gether with an explanatory letter from the officers on Complaint duty in the police cruiser in question. Police After the (jhief had a personal talk with Mrs. Department McNamara, and explained why the cruiser had to rush right to the center for an emergency call, she requested that the whole incident be forgotten. The Chief retired at 9:00 P.M. Upon motion of Mr. Gay, seconded by Mr. James, License Sunday movies license was signed for the Lexington Theatre. Upon motion of Mr. Gay, seconded by Mr. Maloney, renewal of auctioneer's license was signed in the name of Warren W. Custance. License Letter was received from Edith M. Burke requesting April 19th permission, on behalf of the American Legion Auxiliary, for permission to conduct a food bobth on April 19th at the corner of Mariam Street and Massachusetts Avenue. The Board had no objection. It was unanimously agteed to grant partial abate- Abatement ment to Mr. and Mrs. Cloud on their property located at 39 Bridge Street. Mr. James suggested that we cha'ge them for 100 feet valuation instead of 131 feet. The Chairman agreed to write Mrs. Cloud advising her of this. Offer of tax title property received from Edward Tax Title E. Reid, for Lots #30 and #31 Hillcrest Street was again property discussed. Mr. Maloney had checked on this and found the lots cannot be built upon unless a Board of Appeals hearing is held. The offer submitted by Mr. Reid was not sufficient as the Board had previously set the price on these two lots as $1900.00. It was agreed to have the Chairman write Mr. Edwards advising him of the Board of Appeals and the price of the lots with the restriction that only one house will be built on these lots combined. Mr. Bateman arrived at the meeting at 9:10 P.M. 348 Precinct Notices Mr. Bateman brought up the subject .of sending a postal card to every voter telling them in what precinct they are to vote, and advised that we need extra money for the error in the warrant and more money for two special Town Meetings this year. The sewer situation on Robinson Hill area was dis- cussed. Mr. Gayer presented the plans and layouts and ex- plained that in certain sections we have to spend a great deal of money to put in sewers. Mr. Janes suggested that if there were not enough houses in certain sections to make use of the sewer, it would be a waste of money to put them in at this time. It was unanimously agreed to include Spencer Street and Eastern Avenue sewers in the budget. The meting adjourned at 9:30 P.M. A true record, Attest: Acting Clerk 1 349 SELECTMEN'S MEETING March 5, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 5, 1956 at 7:30 P.M. Chairman Bateman, Messrs. Gay, James and Maloney were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were 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: F1brance E. Gray, research, 1188 Massachusetts Avenue, Richa-d W. Hofheimer, inspector, 15 Ballard Terrace and John P. Buckley, theatre manager, 121 Lincoln Street. Mr. Carroll retired at 7:33 P.M. Mr. Mahon, representing the Boston Edison Company, met with the Board re pole locations submitted for ap- proval last week. Pole Mr. James asked if all the locations were for locations poles to be moved from present locations. Mr. Mahon explained that Peartree Road, Appletree Lane, Peartree Drive, Scotland Road and Gleason Road are petitibns to validate existing lines previously located on a private way but now public ways. He ex- plained the petition relative to Burlington Street by use of a blue print and further explained that the School Street change is necessary due to widening the street. Some of the poles have been moved, but the project is incomplete. Mr. Mahon stated that the petition relative to Wood Street is merely to transfer ownership. He stated that many times things are decided by the town at the last minute and usually the company does the work with the full knowledge of the town en- gineer and then comes in with a petition to validate it. In other words, it is something the town is asking the company to do. He referred to the Massachusetts Avenue petition and explained that the pole is presently under joint ownership and it is desired to make it straight Edison ownership with no change in the location. Mr. Mahon retired at 7:10 P.M. Upon motion of Mr. James, seconded by Mr. Gay, it was voted to approve the petitions ans sign orders for the following pole locations: 350 Burlington Street, Gleason Road, Appletree Lane, Peartree Drive, Scotland Road, School Street, Peachtree Road. Transfer of location - Wood Street, Mass. Ave. Mr. Gayer reported that John Byrne approached him Plumbing and explained the situation relative to a town car for Inspectors the inspectors. It seems in his case he is traveling car allow. between Winchester and Lexington and there are many times when he is running back and forth. In other words, he will make an inspection and the work will be incomplete in the morning and he makes another in- spection in the afternoon. In the meantime, he works in Winchester and then comes back to Lexington. He asked if he would be allowed to drive a Lexington car to Winchester and Mr. Gayer informed him that he did not think so. He said he thought such an arrangement would be open to criticism. Mr. Byrne also explained that many times on his vo rk he would start at the end of the town and work towards Winchester and go home from there. Mr. Gayer said he had discussed the possibility of a car allowance with Mr. Bateman; Mr. Irwin and Mr. Jeremiah to use the new car. From the discussion to- day, Mr. Byrne is talking $600 or $700 allowance per year for hiscar. Mr. Gayer finally reported that he finally agreed to talk about a figure of $510 a year or $45 a month based on a figure that was set by. the Board earlier. He would be willing to accept $5140 a year and use his own car. The town would then purchase one car for,the other two inspectors. Mr. Gayer said that he personally. felt this to be a good arrangement but did not go into any detail with Mr. Byrne as to his thoughts. The Chairman said that he told him the Board_ might consider $314 per: -month. Mr. James said that the MO allowance for a single car does not bother him, but he wondered if the other two inspectors could operate with one car. Mr. Gayer assured him that they could. Mr. James asked if the inspectors thought they could, and Mr. Gayer replied in the affirmative. Mr. Maloney suggested proceeding as arranged, Mr. Gayer to discuss the subject further and advise Mr. Byrne how the Board feels and for a more reasonable consideration might go along. He pointed out that for a part-time inspector $5140; is $1080 for full time. He said he thought_the two cars should be purchased anyway. Mr. James said that the town would save money with them. 1 351 Mr. Gayer reported that he has been unable to find a contract with the wrecking company tearing down the buildings on Muzzey Street. He explained that he has the quotation and a certificate of insurance but does not know how the company is to be paid. The Chairman suggested that he check with Mr. Stevens. The Chairman read a letter from Mrs. L. J. Chu, Water 18 Oakmount Circle, calling the Board's attention Oakmount to the -fact that the water coming through the water Circle •pipes is rusty and in hot weather there is a shortage. The Chairman explained that this is a dead end water -main and the water can't drain the hydrants because- of ice and in summer there is mud in the water. Mr. Gayer stated that with a dead end water main there will always be rust. He said that he has not heard of any other complaints. Two weeks ago Mrs. Clu called and he sent Mr. Moloy up to open the hydrant and flush out the main. He explained that the only solution is to tie the dead end in which would be very expensive and in this particular in- stance he did not know if it would be possible. It would have to go down to Grant Street. He said he would, however, check into the subject. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00 P.M. Mr. Snow met with the Board re Tech -Built Subdivi- sion, and presented plan of the same. He pointed out Robinson Road and said that he understands because Tech -Built of ledge there will be about only six or seven lots Subdivision here and six or seven lots there and maybe eighteen sewer all told if the sewer were brought this way. There was an alternate proposal bringing the sewer up here, up Grove Street and if that is done, all this and all that could be sewered. They are submitting this plan tonight for Planning Board approval. The question was raised about twenty-six lots being sewered by this trunk line but that is not so. Only twelve of the lots could be sewered and the rest would have to come in with some future line. • The Planning Board would disapprove the original plan which came to here because they had only one access and they will have to find another way out. There are about twenty-seven houses immediately to be sewered. He said if the Planning Board approves this and there is no trunk sewer in there, they can't 352 ask them'to put in a -sewer. Therefore, in the next year or year and a half all of these will be built without a sewer. The Chairman asked how soon they would start and Mr. Snow replied that they want to go ahead right away. Mr. Stevens asked if the land would take cess- pools and septic tanks and Mr. Snow replied that it would in some cases, but he did not know what the Board of Health would say. The Chairman asked how long it would be before they would come in with a finished plan and Mr. Snow replied that they will come in within forty-five days. The Chairman suggested handling this situation the same as the Newgent development was handled. Mr. Stevens said that an amount could be included in the appropriation for sewers. Mr. Snow retired at 8:27 P.M. However, he re- turned to the meeting later.in the evening and re- ported that this is a 34,000 foot area development and the Planning Board feels that the developer should take care of the problem with cesspools. He said they could see no justification for the town spending the money to sewer it. If they can't sewer some of the lots, that is their problem, as they knew that when they went up th era. Mr. Jahn Carroll, Assistant Superintendent of Sewer ease- Public Works, and Mr. Woods, representing Whitman and went Lloyd Howard, met with the Board re sewer easement going property through land owned by Paul Lloyd on Cedar Street. The Chairman said that the Board would like some information before the Lloyds arrived at the meeting. Mr. Woods presented a plan showing where they in- tend to go now and also the alternate plan. Mr. Carroll explained that Mr. Burns had asked him and Mr. Woods to see the Lloyds. Mrs. Lloyd showed them an old plan prepared by Miller and Nylander but it was obsolete. He explained to Mrs. Lloyd that the plan did not have to be recognized and she gave it to him for Whitman & Howard to make up a new lotting, using the new 125 foot frontages. That was done and the new plan brought back to her. The day after he gave it to Mr. Burns he said Mrs. Lloyd said she had seen the plan and rejected it. Mr. Stevens asked when Mr. Carroll talked to her and he replied he talked with her twice in November or December. Mr. and Mrs. Lloyd met with the Board at 8:30 P.M. The Chairman stated that the Board had done con- siderable thinking since Mrs. Lloyd talked with Mm -and had invited Mr. Carroll and Mr. Woods to be present at this meeting. 1 353 Mrs. Lloyd said thatthis goes back to July when she first saw the surveyors and asked them about it. They told her it was for a proposed sewer line. They did not know exactly where it was going. She waited Until October and, in the meantime, received opinions from the bank and Lexington realtors as to the effect it would have on the property. At that time she visited the engineer's office and asked where it was going. The man there showed her a map and said it was not going through her property at all and it was changed. A week later she again saw the surveyors with stakes and asked them about it. She was told it was going the same place they surveyed earlier. She said she told him they had no immediate plans for development but that would-be the use of the land in time to come. She said she had a plan made in 1918 which at this -point was of no use and was never registered. She was told the frontages had been changed and the man agreed to take that plan and possibly work out something and if agreeable, stagger the lines of the sewer with the lot lines. She then saw Mr. Burns but he had no plans at the time that she could look at. He did say she would receive a legal notice at the time from the town. She said she waited for a notice but never heard anything. The man started to cut down trees Friday morning and that is why she was at the meeting this evening. The Chairman asked if any trees had been cut since and she replied in the negative. Mr. Gayer said t hat Mrs. Lloyd called him Friday morning and he told her he would try to get information over the weekend and call her today. The Chairman then told him that Mrs. Lloyd was coming in this evening. The Chairman said that Mrs. Lloyd did not see any advantage in the lotting plan that Whitman & Howard drew up but thought it better to let it go this way. Mrs. Lloyd said that, at that point, yes. The Chairman explained that there is a sewer to be put in and it has to go in ; to put it down the other side of the lot would have made the cost in astronomical figures. He said that the Board does not want to damage the land but the sewer has to go in and asked how it could be accomplished best. Mr. Lloyd asked if an easement had been taken and Mr. Stevens replied that it was signed last Monday. He recalled that there had been discussions with the Lloyds. Mr..Lloyd said that he wanted to see if some way, without expense to the town and disfigurement -to his property, it could -follow the stone bounds and then turn at right angles•and follow the brook. At the time he told Mr. Burns he would give the land if those lines were followed, but he showed that it could not be done with the quick drop off at the brook. The Town did not 354 notify him that the sewer was going through,his property and it is going through twenty-four acres of good land. They left the trees with an agreement between them and the Golf Club to close it in and protect the golfers and themselves. He said the town has to build sewers but he felt it was a shame that he should have to bear the brunt of it. He said that the town is ready to dig and the contractor is a personal friend of his but a belt of trees at least 150 feet wide which was left there on purpose will be damaged. the Chairman said that, although the Board did have the legal right to do what has been done, it did seem that some notification should have been given to Mr. Lloyd. Mr. Lloyd explained that he has spent a lot of time and money on his property. The Chairman said that he thought everything was go- ing satisfactorily until Mrs. Lloyd spoke to him Friday. That was the first he or Mr. Gayer knew about it. He explained that the Board, has to delegate considerable work and thought everything was satisfactory. Mr. Lloyd asked about his house and swimming pool and said that there would have to be some blasting. He said he realized the insurance company would pay off any claims but they won't pay for the work he has done. Mr. Stevens asked if Mr. Lloyd felt there is some better route. Mr. Lloyd said that it came over through the golf links and turned at a 90p angle and then turned another 900 right to his property. He said he did not know how much it.wo.ld cost to dig through the golf links and then it could come up in back of his property and go through the fields which would leave the belt of treea between his property and the golf links which makes a very nice barrier to his back yard. He said he realized it is a difficult job because of the topographical con- ditions. Mr. Stevens asked if Mr. Lloyd could show on the plan what he had in mind and he did so. Mr. Carroll explained that he did discuss the trees with Mrs. Lloyd and moved the easement toward the w41l. Mrs. Lloyd said that the intention of.the workmen and Mr. Carroll's were two different things. Mr. Carroll said that he has already left instruc- tions with the representative from Whitman & Howard to see Mrs. Lloyd before any trees are cut down.. Mr. Lloyd asked how wide Mr. Carroll cut the belt of trees and he replied fifty feet. He explained that it may run wider on the town property. Mr. Lloyd said that it looks close to 100 feet and asked about the width of the area dug now on town prop- erty. He said it is deep and may be deeper. lh 355 Mr. Carroll explained that the contractor can't go outside the easement and if he does, he is liable for damages and he knows that. Mr. Carroll said that Mr. Lloyd pointed out the trees he wanted saved at the time. Mr. Wood referred to the plan and said that he pointed out this spot here and Mr. Lloyd said it was fine. Mrs. Lloyd said that there a lot of trees which she did not think were coming down. Mr. Carroll said he mentioned the trees in front down the line and Mrs. Lloyd said that was all right. He said that the trees at the wall will not be dis- turbed. The contractor has to stay within the easement and, as long as he has an easement to follow, Mr. -Carroll can make sure he stays in it. Mr. Lloyd said he would feel better if the belt of trees could be saved. That would start off right, and if the town could move onto the golf links, it would be a start. Mr. Gayer said that, at the moment, he did not know if it could be done.. Mr. Lloyd explained that he was asked by the golf club not to take these trees out. Mr. Gayer asked if it could be done, and he was not saying it could, what would Mr. Lloyd feel about down here (pointing out on plan). Mrs. Lloyd said.that they don't like it but the sewer has to go through. Mr. Stevens asked on what basis the Lloyds would be willing to grant an easement. He explained that the fifteen feet on either side is for a year only and that the land will be put back in the same condition, not in - eluding putting back the trees. Mr. Gayer asked what the Lloyds would be willing to go along with, providing something could be worked out. Mrs. Lloyd said that she does not believe they have any alternative. Mr..Stevens explained that many times the town gets a grant for a sewer without paying for it because it benefits the land when it is developed, and the Board has to consider the amount of money involved. He asked on what basis the town could get a grant if the change was to be made. Mrs. Lloyd said that she would want to get someone's advice. Mr. Stevens suggested that the Lloyds consider the matter and said that was a part of the economics of it. Mr. Lloyd asked if it would be possible to tie into this trunk line. sewer and Mr. Woods replied in the affirma- tive. 356 The Chairman said that if and when Mr. Lloyd de- velops his back land into house lots by that time the regulations will probably be such that he must connect to the sewer. • The Chairman said that the work would be stopped until such time as Mr. Gayer can investigate•t he possi- bility of going over here (indicating on Plan) and will take no further steps until he has advised Mr. Lloyd. Mr. Stevens suggested that the Lloyds discuss the subject with their attorney, a real estate man or some- one who could tell them realistically what the damage would be, Mrs. Lloyd said that the bank told her they prefer not to have any part of property with an easement through it. Mr. Stevens explained that a house could not be built over a sewer easement. • Mr. Lloyd said that they would give an easement along the property line. Mr. Stevens explained that the contours -of the land do not permit it, and that is the way the Board would want to do it if possible.. He asked if the Board could have a report for next week. Mr. Lloyd replied in the affirmative and said that he would check with someone. Mr. Stevens said.that in the meantime the Town En- gineer will see that no further work is done. Mr. and Mrs. Lloyd, Messrs. Gayer, Carroll and Woods retired at 9:145 P.M. Mr. Stevens discussed votes for Town Meeting and agreed to meet with the Chairman Tuesday morning. Mr. Stevens retired at 9:145 P.M. Red Cross Request was received from the Lexington -Chapter, thermometer Red Cross, for permission to erect a small Red Cross thermometer on Emery Park from March 7th through March 31st. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. Letter was received from Mr. Edward E. Reid, 72 Tax title Pleasant Street, Cambridge, advising that he will pay property the sum of $1900, entertained by the Board, for lots 30 and 31 Hillcrest Street and asked the Board to ar- range for a Board of Appeals hearing. Tax title Letter was received from Ciceariello, 1414 Skehan propel -y Street, Somerville offering $1600 for the same lots for the purpose of building a 1200 sq. ft. ranch house. C"; 1 1 1 Mr. Maloney said he told Mr. Ciocariello that the Board had set a price on those lots of much more than $1900 and he thought it was all right. Before taking any action on either offer, the Board would like an opportunity to discuss the subject with the Board of Appeals to find out whether or not a permit might be granted to build on these two lots; Upon motion of.Mr. Gay, seconded by Mr. James, it was voted to sign a Sunday Movie License for the Lexington Theatre. The meeting adjourned at 10:00 P.M. A true record, -Attest: 357 958 SELECTMEN'S MEETING Marsh 6, 1956 A special meeting of the Board of Selectmen was Meld in the Selectmen's Room, Town Office Building, on Tuesday evening, March 6, 19;6 at 7:30 P.M. Messrs. Reed, James, Maloney, Tucker, Mrs. Morey and the clerk were present. The meeting was called for the purpose of organization. The meeting was opened by the Clerk and nomina- tions were in order for a Chairman for the ensuing year. Mr. Maloney stated that he thought it would be proper for one of the past members of the Board to nominate and he, therefore, nominated Mr. Reed. Mr. Maloney stated that he personally was not interested. Mr. Tucker asked if Mr. James were interested. Mrs. Morey asked if the former members of the Board hadn't decided and Mr. Maloney replied in the negative, stating that there has been no discussion. Mr. Reed stated that they have not actually dis- cussed the subject. Mr. Tucker explained that he had no preconceived ideas. Mr. Reed said that he did not know if Mr. James was interested and asked if the Board wanted to put in another nomination. Mr. James said that the way he felt was this. If the Board feels it would like to have him he would accept, but would make no effort to receive the nomina- tion. Mr. Tucker said he would nominate Mr. James just to have it open and not appear to be cut and dried, which he was sure it wasn't. Mrs. Morey said that she assumed the Board had been preparing for Town Meeting because the preparation goes on for some time beforehand. She asked how the Board has been prepared and who has it lined up. Mr. Reed replied that Mr. James has the salaries lined up. He explained that last year the Board di- vided the articles and intended to follow tbe:same pro- cedure this year. Be stated that Mr. James has worked on the salaries with the Personnel Advisory Committee and he thought the other items could be worked up in a very short while. He said there are not any heavy projects except the proposed Town Office Building but 1 359 that is under another committee. He said that as far as Artiele L$ is concerned it is in the budget and can be referred to at any time for the purpose of answer- ing any questions. Mr. Maloney moved that nominations be closed. Mr. Reed said that the Chairmanship involved a lot of time. Mrs. Morey said that considerable information is needed. She stated that the thties of the Chairman in- volve more time than the duties of other members of the Board as she understood it. She asked if it were not a question of availability etc. She asked if Mr. James were going to be around and he replied in the affirma- tive. He explained that he has things arranged so he can be around a good deal more. Mr. Maloney stated that -he had not talked much with Mr. Reed about the Chairmanship or with Mr. James but he personally was not interested. He stated that he has so many things to do he could not under any condition do justice to the position. He said that he is available ,and people find him. He still feels the way he does as far as he is concerned andthe reason he nominated Mr. Reed is that he is available and has been available. Furthermore, there has been some conversation that per- haps Mr. James would not be with the Board another year. He stated that all those things percent a problem. He reported that Mr. Bateman was Chairman this past year and was confronted with problems and he could not begin to tell how much time he put in. He stated that Mr. Bateman put.in a great deal of time and then worked with the other members of the Board to carry the projects through to a conclusion. Mr. James said that is what has bothered him for several years, not only on this Board but the School Committee and the Appropriation Committee, There are two ways to take care of it. One way to take care of it is the way the School Committee has handled it. They nominate a Chairman about January 1st which serves the purpose. He explained that the other way which it can be taken care of - he believed under the present By-laws Town Meeting could be held prior to election so that Town Meeting is all over and carried by old officials and election comes afterward. Mrs. Morey explained that that would require a By- law change. Mr, Reed said it would take a By-law change and raised the question of the number of Adjourned 'Town Meetings that might be held. Mr. Maloney said that at this point it still presents a problem. Mr. James said it could be handled the way the 60 School Committee handles it without any problem. He said he.did not think it should be considered a problem. Mr. Tucker said his only thought,in nominating Mr. James is that surely Mrs. Morey or he does not want it. Mr. Maloney doesn't want it, and it narrows down to two. He said that be thought sometimes it was a healthy situation to have a choice. Mrs. Morey said it is left as the choice being up to her and she did not like it. She stated that it is an awkward position for anew person to be in; Mr. Maloney said he did not think so. He said he did not think it fair for a previous Board to arrive at a decision by themselves. The members were going to operate as a Board and he thought the new members should have a part in this. He said he was sure as far as the Board.goes, and all its members, there would be no ill feeling whatsoever in the situation. Mrs. Morey asked how long Mr. Reed served as Chair- man before and he replied two yaars. Mrs. Coreg said that Mr. Reed had been on the Board four years and Mr. James has been on the Board two years. She said she has heard Mr. James say one term is all he might do. Mr. Janes said that he has thought that many times. Mrs. Morey asked if he liked the idea cif the School Committee and he replied in the affirmative stating that he wished the Selectmen had it this year. Mr. Reed said he did not think any man should be Chairman if it is going to be his last year. Actually he is the one with everything in the palm of his hand. He explained that is why, when he was elected Chairman, he asked Mr. Nickerson to take the Town Meeting, be- cause he felt he did not know enough about it. Mrs. Morey said that Mr. Reed then felt a man should not be'Chairman his third year if he were not going to run again. Mr. Maloney asked how long Mrs. Morey was Chairman of the School Committee and she replied four years. Mr. Maloney said she was available most of thettime. Mrs. Morey explained that she also told the School Committee in September she was resigning because she was not going to run and the Committee knew it and everything was taken care of. Mr, James said that solved the problem very nicely as it has this year on the School Committee, Mrs. Morey said she could see Mr. James would like an opportunity to be Chairman and she knew how he felt when he has been a member of the Board for a long time and never been Chairman. Mr. Tucker asked Mr. James if he definitely was not going to run or think about running. LL 1 1 361 Mr. James replied he would make up his mind when this vote is over. Mrs. Morey seconded the nomination for Mr. Reed. Mr. Maloney moved that nominations be closed and Mr. Tucker seconded the nomination. Mr. Reed said that a paper ballot could still be taken. Mr. Maloney said he did not think that should be done as this is.a group going to work together for some time. He stated that Mr. James never mentioned to him that he wanted to be Chairman. • The Board was unanimously in favor of closing the nominations. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to have the Clerk cast one ballot for Mr. Haskell W. Reed and Mr. Reed was unanimously elected Chairman of the Board of Selectmen for the ensuing year. Mr. Reed expressed his thanks to the Board and said he sincerely hoped he could do what is expected of him. He stated that the Board has worked very well together and hoped it would continue to do so. He in- vited the new members to ask questions and explained that, having been ,on the Board for two or three years, the old members sometimes may not realize that the new members are not cognizant of what is going on. An informal discussion was held relative to capi- tal expenditures items to be presented at Town Meeting. The meeting adjourned at 8:40 P.M. A true record, Attest: xecttivemen 362 SELECTMEN'S MEETING March 12, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 12, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey. were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Mr. A. J. Covell, representing Covello Builders, Water and met with the Board to discuss his request for the ex - Sewer tension of water and sewer to service lot 3I6 Massa - Extension chusetts Avenue. The Chairman stated that the Board had discussed the subject with Mr. Gayer and gone over the plan. Mr. Covell explained to the Board what he would like to do and pointed out on the plan where he would like to have the extension made. He said that there are some tax title lots and he would like to make a bid for them, and then construct five houses. The Chairman explained that if Mr. Covell went up Lisbeth Street from McLellan Road he would be passing two other houses. Mr. Covell stated that there will be three houses and they have their own private water lines. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00 P.M. Mr. Covell said that he knows definitely he cannot use cesspools. The Chairman explained that the Board is concerned about the pitch of the sewer. Mr. Covell mentioned two manholes and the Chairman said that this was discussed with the Town Engineer and the question came up as to whether or not Mr. Covell wanted to go to that expense. Mr. Gayer explained that he was talking about drop manholes and not just manholes. Mr. Covell said that the one in the street would be deep and Mr. Gayer stated that it would not necessarily have to be; it will be done in steps, He stated that it will be very costly. Mr. Covell asked if every angle would have to have a manhole and Mr. Gayer replied in the affirmative. The Chairman said that the Board does not like the pitch but at the same time would like to help Mr. Covell. 1 363 f. He said that it looked as if it would be better to go out McLellan Road to Lisbeth Street, and suggested that Mr. Covell leave it with the Board to determine what it will cost to go that way. Mr. Covell said that he would fix the road all the way out to Massachusetts Avenue. Mr. Covell asked if he could get the one on Mas- sachusetts Avenue and the Chairman replied that the Board would go along with him on that one. Mr. Covell said that he would prefer to do this the right way and build his double cellar. Mr. Gayer pointed out that if the sewer is extended to Lisbeth Street and Mr. Covell ties in there, he will ruh into an eighteen or twenty foot cut. Mr. Covell said that he realized that. The Chairman explained that if anything happened to the line, the Town would be away from private property. Mr. Covell retired at 8:05 P.M. The Chairman read a letter from Ernest A. Giroux, Parking agent for Manhattan Builders, Inc. requesting the Board area to consider entering into a written agreement whereby the Town of Lexington will not fence the municipal park- ing lot at any point bordering the corporation's property at 45 Naltham Street, or otherwise block off the property from the municipal parking lot: Mr. Maloney explained that there never was any in- tention to fence it off; Manhattan agreed to build the building and have their own accesses. Mr. Stevens explained that much would depend on the way the property is going to be developed, and suggested that the Board advise Mr. Giroux to contact him. The Chairman read a letter from H. J. Cassidy, Con- cord, Massachusetts relative to an ambulance bill in the amount of *10. Mr. Cassidy's automobile collided with Ambulance a town sand truck in the vicinity of Spring Street and bill Route 2. Mr. Cassidy stated in his letter that if the bill is not abated,he will either turn it over to his insurance company or pay it personally and include it in a legal action for damages and injury suffered. Mr. Stevens recommended that the Board advise Mr. Cassidy that he was billed the usual charge and the Board expects payment. A letter from the Alcoholic Beverages Commission re Chapter 197 of the Acts of 1952 pertaining to.the issuance of another liquor license was held over from the meeting of February 13, 1956; it being agreed at that meeting to take no action until the organization of the new Board. 364 Mr. James stated that the Board admits the popu- Liquor lation figure permits the issuance of another license license and the onlydaciaion the Board has to make is whether or not it wants to issue another license. Mr, Stevens took the communication and said that he would contact•Mr. Hearn, Secretary of the 4410 holic Beverages Commission in an effort to obtain more in- formation on the subject. Mr. Gayer presented plans and reported further on Sewer the sewer easement through property owned by Paul Lloyd. easement .Mr. and Mrs. Lloyd, Mr. Bidwell, their attorney, Mr. Terrelli, representing Mr. Vincent Bellizia, (Pine Meadows Golf -Club) and Mr. toilette, conservator for Mr. Bellizia, met with the Board. The Chairman stated that as he understood the situation it was left with the Board to arrive at some solution whereby the row of trees would not be dis- turbed and Mr. Lloyd said that was correct. Mr. Gayer said that he has checked into the physi- cal possibility of •changing the route as discussed last week and it now appear that there is a possibility. Mr. Terrelli said that, rather than the present - taking, the Golf Club will give the town a grant tem- porarily and there will be no interference with play- ing golf until some time in November. Mr. Gayer said that the date he had in mind was October 15th. Mr. Terrelli said that they would get through the summer. He asked bout damages and if betterments would be assessed. Mr. Stevens replied that there will be no better- ments. He said they would have to find out about the contractor's plans and what arrangement can be worked out with him for any such delay. Mr. Gayer said that the co mpletion date was some time in the middle of 1956 but the contractor will run over as he spent about three months in ledge.' Mr. Terrelli asked if a new plan would be made and said he had no objection to the taking to the right of Cedar Street. He said that the present taking is all right. It goes through a right-of-way established years ago. If it is agreeable to the Board and the contractor, he, Mr. Stevens and Mr. Bidwell could get together. Mr. Bidwell said his chief concern is the line of trees. Mr. Gayer explained the location to Mr. Bidwell by the use of the plan. Mr. Bidwell said he understood that there is an idea of taking the sewer some time from Cedar Street 1 365 and asked if there would be betterments on that. Mr. Stevens asked if the land would be bettered. Mr. Bidwell replied that the Lloyd land would not be bettered. Mr. Stevens said that if the property,is not bettered there will be no betterments, and explained that the Cedar Street sewer is not involved in this. He stated that he has advised the Board it cannot put a betterment on if the lot is not bettered. Mr. Bidwell said that there is a lot of ledge there and a swishing pool. His client is agreeable to be more than cap -,operative to give the :tights without any question of damages. The only question he had in mind was breaking up the swimming pool by blasting. Mr. Stevens said he did not know if the ledge is in this route. Mr. Lloyd said that the sewer does not go through ledge at that point, and traced on the plan where he thought ledge would be encountered. Mr. Stevens said that there would be a plan made showing the area being.abandoned. Mr. Lloyd said that if there are no betteremtns, that would be fine, but he would like to have something in writing to the effect that there would be no better- ments. Mr. Stevens explained that at that time there would be a different Board. Mr. Lloyd said that he wanted something in writing when the sewer is dug regardless of whether he builds there. The Chairman stated that he could build three houses without betterments and Mr. Lloyd said that was correct. He said that he does not want to pay any betterments and grant the town the land in the rear. The Chairman expiained that betterments could be deferred until such time as those lots were built upon or sold and then whoever purchases them would have to pay the betterments. Mr. Lloyd said that would be all right. The Chairman said that the Board could defer the betterments without interest until the lots were sold or built upon. It was left that the Town Counsel, Mr. Bidwell and Mr. Terrelli would confer on the subject. The group retired at 900 P.M. At 9:05 P.M. Chaitman Fitzgerald, Messrs. Roeder and Sheldon, Board of Fire Commissioners, met with the Selectmen. Mr. Fitzgerald referred t o the Article 45 in the 366 Warrant for the Annual Town Meeting. He said the Commissioners would like to have the committee con- sist of two of their members, one member of the Board of Selectmen and two members to be appointed by the Moderator. The Chairman reported that at a meeting held Saturday with the Appropriation Committee, it was the feeling of Piir. Madden that there should be a member of the Appropriation Committee and a member of the Planning Board on this Committee. The Chairman said that he also thought the Commnittee•should include a member of the Planning Board and he thought there should be a member from the -Board of Selectmen. • Mr. Stevens said that Appropriation Committee is meeting this evening and it was impressed upon them Saturday that this is a committee -to review the recommendations; an exploratory committee without power. The Chairman explained that the Appropriation Com- mittee was opposed ,to the article. However, when it was explained to fir. Madden he thought possibly the Com- mittee would go along with it. It was agreed to include a member of the Board of Selectmen, two members from the Board of Fire Commis- sioners, one member from the Planning Board and on member from the Appropriation Committee. Mr. Fitzgerald explained that an additional amount of $300 is needed for the purchase of a car for the Chief. Fire Dept. He asked what has been done in regard to salaries budgets and the Chairman replied that no information hes been given out on this particular subject. Mr. James stated that the Selectmen are recommending to the Appropriation Committee the followin annual salaries effective April 1st: Privates, $4,0114; Cap- tains, $4,867; Deputy Chief, $5,366. He explained that this fits into a schedule that has been worked upon for two years. Mr. Fitzgerald said that the• next item was on new men but now they have the answer as a result of the action on the item for clothing. He asked if the Board was aware of the physical condition of the men. Mr. Maloney made it very clear that the Board was well in- formed on •the subject. The. Board of Fire Commissioners retired at 9:30 P.M. The subject of physical examinations for men apply- ing for positions in the Fire Department is to be dis- cussed in May when the appointment to the Board of Fire Commissioners is made. Petition was received from the Boston Edeion Company 1 1 1 367 and the NewEngland Telephone and Telegraph Commy for approval of twenty-five pole locations on Webster Road. The locations were approved by Mr. Gayer. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the petition and sign the order Pole `for the following pole locations: locations Webster Road, easterly from a point approxi- mately 25 feet east of Hutchinson Road, twenty-five go poles. Letter was received from Mrs. Arthur W. Johnson, 142 Baker Avenue, requesting extension of water to ser- vice lots 1496 and 1197 Ames Avenue. No action was taken and the Clerk was instructed to place the item on the agenda for the next meeting. Letter was received from Harold Conant,'owner of Conant lot property at 47 Lincoln Street, requesting,the town to lines assist in straightening out his lot lines. The Chairman explained that the Engineering Depart - merit is extremely busy at the present time preparing data necessary for Town Meeting in connection with the acceptance of twnety-five streets. He was authorized to acknowledge the letter and advise him that an effort would be made to solve the problem some time after the final Adjournment of the'Annual Town Meeting. The Chairman read a letter from Joseph E. Belcher advising that it is necessary for him to resign from Resignation the Town Celebrations Committee due to numerous firm commitments. The Chairman explained that this committee will probably be -made a By-law Committee by Town Meeting and it might be well to defer replacing Mr. Belcher until 'that time. The Chairman read a letter from Mr. James J. Carroll advising that he has appointed Miss Nary R. McDonough Assistant Town Clerk and Assistant Town Treasurer, effective March 6, 1956. The Chairman read a letter from ,r. James J. Carroll advising that date's for registratign of new voters have been established as follows: March 16, Town Office Building, Noon.- 10:00 P.M. " Letter was received from the Volunteers of America, Inc., 53 Berkley Street, Boston, requesting permission to conduct a Tag Day on March 31. Appointment. 368 Tag Day LVNA representa- tive Easter Sunrise service The Chairman explained that it has been the policy of the Board for a number of years to limit Tag Days to local organizations: In view of this the Board pre- ferred riot to make a change and thus establish a pre- cedent for other groups and voted to deny the request. Letter from t he Lexington Visiting Nurse Associ- ation re appointing a representative from the Board to serve on the Board of Directors was held over from a previous meeting. It was unanimously agreed to have Mrs. Morey assume this duty. Letter was received from Rev. Earl D. Haywood, on behalf of the Lexington Methodist Church, request- ing permission to conduct Easter Sunrise Services on the Old Belfry hill or the. Aldrich property. Mrs. Morey reported that the Hancock Congrega- tional Church has conducted Easter services onthe Old Belfry hill for a number of years. It was'agreed to advise Rev. Haywood that the Board would prefer the use of the Aldrich property. Upon motion duly made, and seconded, it was voted to grant the following uses of halls: Mdax. Cty. Selectmen's Assn. Cary N. E. Tel & Tel. Cary Ruth Severance Cary Lexington Grange April 25 April 16 June 19 June 21 Cary Sept. 15 Meeting Employees Night Piano recital Piano recital Fair. Upon Motion of Mr. Maloney, seconded by Mr. James, it was voted to grant a Sunday Movie Dicdnse to the Lexington Theatre. Mr. Gayer returned to the meeting at 10:05 P.M. He discussed work on the new municipal parking area and explained that' the work to be done, including the base, fence along Muzzey Street, paving, drain and one catch basin will be $3,000. He reported that in dis- cussing this subject With Town Counsel he was advised that there is an article in the warrant under which the money may be appropriated. Mr. Gayer reported that he had received the follow- ing bids for one carload of six-inch clay pile fol* sewer services: 1 Lexington Lumber Corporation 57 Bedford St. Lexington The Robinson Clay Product Co. 22 Pratt Street Allston Station Boston 34, Mass. & Akron, Ohio The Robinson Clay Product Co. 22 Pratt Street AllstonStation Boston 314, Mass. & Akron, Ohio Portland Stone Ware Co. 140 Federal Street Boston, Mass. Waldo Bros. Company 202 Southampton St. Boston 18, Mass. Upon motion of Mr. James, it was voted to accept the low Lumber Company. 369 $ .396 per ft. F.O.B. Car, Meriam St. Siding $ .1416 per ft. .f.o.b. factory freight charges; allowed if 13 tons or more $ .477 per ft. direct to site $ .1t32 per ft. for approx. 2,400 ft. F.O.B. factory freight allowed to Lexington * .1+36 per ft. delivered from cars $ .4114 per ft. f. o.b. cars freight allowed to Lex. seconded by Mrs. Morey, bid submitted by Lexington The meeting adjourned at 10:30 P.M. A true record., Attest: erk', S c tmeh��� 370 • SELECTMEN'S MEETING March 20, 1956 A regu▪ lar meeting of the Board of Selectmen was held in the Engineer's Room, Town Office Building, on Tuesday evening, March 20, 1956 at 8:00 P.M. Chairman Reed, Messrs. Maloney, James and Tucker were present. .Mrs. Morey.and the Acting Clerk were also present. Letter received from Techbuilt, Inc. was read by Sewers the Chairman. The Board had considered running sewer lines through property owned by Techbuilt in the northwest part. of town some time ago but had dropped the idea and postponed it until some time next year. Mr. James suggested that we discuss this with Techbuilt and talk to them again some time in May. Letter was received from a Mr. H. Waltz, a Complaint Bedford tailor, regarding bill owed him by a member Police bill of the Police Department. Mr. James agreed to contact the tailor and get the officer's name and possibly get the bill straightened out. Towing The Chairman read a letter from Morris Motors stating that they would like to get a fair share of the Town's towing business. Mr. James stated that Mr. Bloomberg seemed to think it was a closed corporation, and complained that they weren't getting any of the business. Mr. Maloney suggested that if accidents are in their direction to give the business to Morris Motors, and if they are in the other direction, to give it to Fitzgerald. Mr. Maloney asked what would happen if they both got there at the same time. It was generally understood that the policemen give the instructions as to who is to tow the cars away and show favoritism to Fitzgerald. Mr. Maloney said that the towers have to listen to whatever the policemen say. Mr. Tucker questioned if anybody else wanted the business. Mr. James said that Morrie is interested in the towing because he has a repair shop. It was unanimously agreed to send a suggestion to post on the bulletin board of the Police Department. The argument seems to be that even if Morris Motors C") ZL 1 1 371 gets there first, Fitzgerald gets the business. Mrs. Morey suggested that for the time being there should be a way of splitting the business between the two garages. Mr. Reed agreed to discuss -the matter with the Chief of Police. Letter was received from Mrs. I. L. Moore asking permission on behalf of the Lexington Methodist Church Rummage to use the Barnes property for a ru$mage sale on Sat- Sale urday, May 5, 1956. - Permission was granted. Letter was received from St. Brigid's Holy Name Society requesting permission to erect a stand at Depot Square, if available, on April 19th. It was unanimously agreed to check the other re- quests for stands on April 19th and notify the Society, to be sure that nobody else has that spot for a re- freshment booth. April 19th The Chairman read a letter from Reverend Handley, Complaint fence viewer. Mr. Handley suggested looking into a fence erected on Curve Street which he thinks constitutes a traffic hazard, and also suggested erecting signs. Mr. Reed stated he had gone to look the situation over and couldn't see the fence. It was unanimously agreed to hold the matter over until a further check was made on this complaint. Letter was read by the Chairman from the Bay State Society for the Crippled and Handicapped, requesting Declaration th§t we insert a suggested declaration in the local newspaper before Palm Sunday to help in the drive for sale of Easter seals. •Inasmuch as this declaration was received too late for publication, it was placed on file. Letter was read by the Chairman from the American Cancer Society with reference to their 1956 crusade and enclosing a Proclamation fon release in our local new- Proclamation spaper on Thursday, March 29th. Mr. Tucker questioned if the Board approved of all these proclamations. Mr. Reed replied that usually only the National organizations were approved. It was unanimously agreed to have Mr. Adams print the Proclamation in the Lexington Minute -Man for Thursday, March 29th. 372 Bond was received and approved by the Board on Bond behalf of James J. Carroll, Town Treasurer. - Offer for tax t itle lot #68 Hillside.Avenue re - Tax title waived from William H. Melody, the abutter, was die - property cussed. Mr. Reed pointed out the lot on the engineer's plan. The Board agreed not to act on this offer until they have h%d a chance to view the property. Mr. Reed agreed to write Mr. Melody explaining this. License Sunday Movie license was approved and signed by the Board. Annual The list of annual appointments were taken up by Appointments the Board and reappointments made as follows: ANNUAL APPOINTMENTS March 31, 1956 - March 31, 1957 Bridge Charitable Fund Trustees Clarence S. walker (6 year term) Building I}apector Donald K. Irwin Constable (Under Chap. ){1, Seo. Charles E. Moloy 91A) Dog Officers James F. Mowat Eugene M. LaRose Executive Clerl, Selectmen Hazel J. Murray Fence Viewers Rev. Harold T. Handley John J. Garrity Field Drivers John W. Ryeroft Benjamin W. Day Gammell Legacy Income Trustees Mrs. Robert C. Merriam (Acting with Dept. P}}blic Welfare) Lockup Keeper John W. Ryeroft Measurer of Wood & Bark Harold I. Wellington Moth Department, Superintendent Charles H. Brenton 1 . Public Works Superintendent Public Works Assistant Superintendent Registrars of Voters Town Counsel Town'Engineer Veterans' Agent Public Weighers Wire -Inspector' Richard J. Gayer John J. Carroll Jasper A. Lane (3 -year term) Harold E. Stevens Richard J. Gayer Maurice N. Healy Harold I. Wellington Mrs. Edna R. Anderson Robert K. Jeremiah Mrs. Morey questioned why the Dental Clinic and Posture Clinic came under the Board's list of annual appointments; and suggested that possibly the Dental Clinic would come under the Board of Health and the Posture Clinic could come under the School Department. The Board agreed to hold up the appointments of these until further investigation. Letter was presented by the Chairman, from William P. Fitzgerald on behalf of the Board of Fire Commissioners, with list of qualifications required for Civil Service examinations for the Fire Department, Each member of the Board scanned the letter and agreed that possibly they should suggest a specialist in Boston to give any applicants for the Fire Depart- ment a thorough and rigid examination. The Acting Clerk left the meeting at 10:02 P.M. A true record, Attest: Acting Clerk 373 Fire Dept. 374 SELECTMEN'S MEETING March 26, 1956 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 26, 1956 at 7:00 P.M. Chair- man Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. The Clerk was also present. The Chairman read a letter from Constance W. Ambulance Moore, 1 Candlewick Close, commending service re- ceived when she had occasion to use the town ambulance. The Chairman read a letter from W. O. Glass, 6 Ambulance Flintlock Road, expressing appreciation of the per- formance of both the Fire Department and the Depart - went of Public Works for the manner in which they handled his request for assistance in transporting his wife to the hospital on the morning of March 20th, in the aftermath of the snow storm. The Chairman read a letter from George W. Green- law, Jr., on behslf'on the Lexington Little League, Request to Inc., requesting permission to sell stickers from sell house to house throughout the town on Saturday, April stickers 21st. Mr. Maloney reported that the League has been selling the stickers. He mentioned that many in- dividuals have devoted considerable time and effort on behalf of the project and said that it does cost money to operate. Mr. James brought up the fact that if this re- quest is granted the board will have to be prepared td make a decision on similar requests which will un- doubtedly be submitted once the precedent has been established. Before making any decision, the Board would like some time to think about the subject which will be discussed further at the next meeting of the Board. Letter was received from the Collector of Taxes, Bonds together with her bond in the amount of ?7,700 and a rider raising the amount of the bond on behalf of Frederiek J. Wright, Deputy Collector, to $3,000, both of which had been approved by the Commissioner of Corporations and Taxation. Upon motion of Mr. Maloney, seconded by Mr. James, gad 1 375 it was voted to approve both bonds and file them with the Town Clerk. Mr. Stevens, Town Counsel, arrived at the meeting at 7:30 P.M. Upon motion of Mr. Maloney, seconded by Mr. James, Cert. of it was voted to sign the Certificate of Entry on Worthen Entry Road, prepared and submitted by Town Counsel. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign instrument, prepared by Town Counsel, granting the right to Charles Sweeney, Jr., of Arlington to construct and maintain on that portion of Lot 118 Cary Avenue, situated southerly of a line drawn parallel to and seventy-five feet from the south- erly side line of Cary Avenue, a sewerage filter bed to be used in conjunction with the house, septic tank and filter bed to be constructed by the grantee on Lot 119 Cary Ave- nue, subject to terms and provisionsoutlined in the in- strument. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant the following licenses: Frederic B. Hubley Margaret M. McLaughlin W. S. Couette Robert N. Cann Lexington Theatre 14 Stetson St. 25 Harding Rd. 1710 Mass. Ave. 48 Hancock St. 1794 Mass. Ave. Auctioneer x m Sunday Movie The Clerk referred to the Presidential Primary on April 24th and asked what time the Board wanted to open the polls. It has been the custom for many years to open the polls for primary elections at 2:00 P.M. and the Board agreed to follow the same procedure for April 2)ath. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign the following Sewer Orders: Myrtle Street from Avon Street southwesterly approxi- mately 305 feet to Reed Street. Reed Street from Myrtle Street southwesterly approxi- mately 325 feet to Centre Street. School Street from Grandview Avenue northeasterly ap- proximately 100 feet. Lot 118 Cary Ave. Licenses Polling hours Sewer Orders 376 Bedford Street from Hill Street southeasterly ap- proximately 360 feet to Shirley Street. Upon motion of Mr. Tames, seconded by Kr. Snow Maloney, the following action was taken relative to Removal snow removal: Pursuant to Section 13 of Chapter 44 of the General Laws, as amended, we, the under- signed, being a majority of the Board of Select- men and a majority of the Appropriation Committee ofLthe Town of Lexington, hereby authorize the Superintendent of Public Works to incur liabili- ties for snow and ice removal during the month of March, 1956, to an amount not in excess of $10,000.00, over and above the sum of $7,870.82, being the highest amount spent for such puuposes during any one month of the year 1956. The meeting adjourned at 7:50 P.M. A true record, Attest: xec tive Clerk.. Selec.en. 1 SELECTMEN'S MEETING April 2, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Monday evening, April 2, 1956 at 7:00 P.M. Chairman Reed, Messrs. Maloney, James, Tucker and Mrs. Morey were present. The Clerk was also present. Mr. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Ralph W. Coe, maintenance foreman, 80 Hill Street; Walter Johnson, electrician, 65 Outlook Drive and Robert Boyington, accountant, 185 Lincoln Street. Mr. Carroll retired at 7:0h P.M. The Chairman read a letter from Mrs. H. B. Welch, 22 Woodcliffe Road, stating that persons with whom she had talked, are of the opinion that it is too bad to have the large sign on the railroad station in Depot Square. The Chairman explained that the sign to which Mrs. Welch referred is the,Newgent real estate sign and further explained that his present use of the building is nonconforming. He agreed to check with the Board of Appeals to determine whether or not there are any restrictions in his permit relative to a sign. The Chairman read a letter from Clarence S. Walker, president of the Lexington Trust Company, inviting the Board to visit the bank on April 14th when an informal "Open House* will be held from 3:00 P.M. until 5:00 P.M. Further consideration was given to Mr. George W. Sale of Greenlaw's request, on behalf of the Lexington Little stickers League, for permission to sell stickers from house to house On Saturday, April 21, 1956. Mr. Tucker was authorized to contact Mr. Greenlaw and advise him that the Board had no objection. The meeting adjourned at 7:45 P.M. at which time the members of the Board went over to Cary Memorial Hall for the second session of the Annual Town Meeting. 377 Jurors Sign Invitation 378 Condition created by sandpit Act Trunk line sewer Licenses The Board reconvened at 10:40 P.M., at which time Mr. Stevens, Town Counsel, was present. Letter was received from Theodore Holcombe, 145 Burlington Street in re condition of property created by the sandpit. The communication was referred to Mr. Stevens and the Chairman asked him to have an opinion on the subject for the next meeting of the Board. The Chairman referred to House Bill No. 2689, an Act relative to the regulation of certain motor vehicles on main highways in cities and towns. Mr. Stevens advised the Board that no action is necessary. Mr. Stevens referred to an instrument received from the Boston & Maine Railroad re permission for the•town to go under the tracks at Myrtle Street for the trunk line sewer. He stated that the railroad does not own the land so the town will have to make a taking. He said the town could take an.easement and obtain rights from whoever the owner is. He explained that the instrument for permission to be signed this evening was temporary and he would file it. The Board signed the document and all copies were taken by Mr. Stevens. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the following licenses: A. J. Cavatorta Kieran J. Lowry Durand Chocolate Shop Lexington Theatre 12 Forest St. 826 Lincoln St. 1780 Masa. Ave. 179)4 Mass. Ave. •Auctioneer Sunday Sales Sunday Sales Sunday Movies Notice was received from the Board of Survey and Planning, City of Waltham, re hearings to be held on April llth at 8:00 P.M. on the following: 1. A petition for approval of a plan and profile of Plympton Circle and adjacent lots situated on the south side of Plympton Street and formerly owned by Thomas Dillon. 2. A petition for a proposed change of zone from Residence A-3 District to Limited Commercial Dis- trict of a certain parcel of land situated on the northerly side of Trapelo Road and bounded westerly by the Circumferential Highway Route 128; northerly by the Lexington -Waltham Boundary Line and easterly 1 1 by Smith Street and over lands owned by the Watt Realty Corporation as shown on plan entitled 'Plan of land owned by Watt Realty Corporation showing Proposed Zone Change Waltham, Mass. Scale: 1 inch equals 200 Feet, March 1956, Arthur M. King, C. E." 3. A petition for approval of a plan and pro- file of an extension of Emerson Road and adjacent lots. The Clerk was instructed to refer the notice to the Planning Board. Certificate of Incorporation was received from the Secretary of the Commonwealth on behalf of Ronald M. Bricher, too Oak Street, Lexington, underrthe name of Kiwanis Club of Arlington. Satisfactory character refer- ence was received from the Chief of Police. Upon motion of Mr. James, seconded by Mr. Maloney, 'it was voted to sign the Certificate of Incorporation. Certificate of Incorporation was received from the Secretary of the Commonwealth on behalf of Walter A. Arnold, ?9 Buckman Drive, Edward B. Colbert, 65 Locust Avenue, Edward J. Courtois, 16 Buckman Drive, Faye E. Huprich, 17 Lantern Lane, Catherine F. Jones, 80 Buck- man Drive, Albert J. Moll, 25 Dawes Road and Alfred E. Oliva, 20 Buckman Drive, under the name of the Pollen Hill Estates Association, Inc. Satisfactory character references were received from the Chief of Police. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to sign the Certificate of Incorporation. Upon motion of Mr. Maloney, seconded by Mr. James, 'it was'voted to approve Surety Bond No. 632130 in_the Bond sum of $1,000 on behalf of the Clerk of the Board. Further consideration was given to appointments to the Board of Appeals. Upon motion of Mr. James, seconded by Mi. Maloney, it was voted to re -appoint Ernest A. Lindstrom an Associate Member for a one-year term expiring March 31, 1957. 379 Cert. of Inc Cert. of Inc. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to re -appoint George W. Emery an Associate Member for a one-year term expiring March 31, 1957. Appointments 380 Transfer The Chairman agreed to contact Messrs. Ballard and Duffy relative to re -appointment to the Board. Mr. Stevens retired at 11:05 P.M. The Chairman reported that it will be necessary to obtain a transfer of 03.66 from the'Reserve Fund to cover the cost of printing the 1955 Annual Town Report due to the fact that the report contains more pages and larger tables than was anticipated. Upon motion of Mr. James, sebonded by Mr. Maloney, it was voted to request the Appropriation Committee to transfer the sum of 03.66 from the Reserve Fund to the account for Printing the Annual Town Report. The Chairman read a notice from the State Division of Youth Service, advising that William E. Byrne, 317 State Youthh Tremont Street, Newton has been appointed community Service representative for Middlesex County. For thenext few months Mr; Byrne will be engaged in a survey of the county -and will call on the Board in the near future. Letter was received from R. G. Muhroe, 52 Forest Drainage Street expressing concern about the flooding of Forest. Street. He mentioned a letter from the Chairman of the Board last year advising that there were not sufficient funds to correct the situation that'year but consider- ation would be'given the subject when budgets for 1956 were discussed. The Chairman was authorized to advise Mr. Munroe that an item was included for this project in the ap- propriation approved at the Annual Town Meeting and it is expected that the town will be in a position to relieve the situation. Permit to move bldg. Warrant The Chairman read a letter from Edward F. Ferry, Sr., 15 Columbus Street, requesting permission to move a house from 1981 Massachusetts Avenue, over Massachusetts Avenue to Lake Street to 9 Columbus Street. The project will be undertaken by John Shaughnessy, building mover of 14 Garfield Street, Woburn. ' The Board was in favor of granting permission sub- ject to conditions - sufficient bond coverage, confer- ence with Mr. Brenton, Park Department, and arrangements with Chief of Police. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the Warrant for Primaries to be held on April 24, 1956. Cla 1 Minutes of the March 27th regular meeting of the own Celebrations Committee were noted and placed on ile. Letter was received from the Association of Member Communities of the Metropolitan Water District re out- line for formal organization. It was agreed to request the Superintendent of Public Works to discuss the subject with the Board next Monday night. The sheeting adjourned at 11:30 P.M. A true record, Attest: Exeoi Live l Jerk, Selectmen • 381 382 Repairs to Belfry Conant lot Lincoln St. Met. Water District Assn. SELECTMEN'S MEETING April 9a 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building,.:on Monday evening, April 9, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, James, Tucker and Mrs. Morey were present. The Clerk was also present. Mr. Gayer, Superintendent of Public Works, met with the Board. He reported that a beam in the Belfry Tower has rotted away. Mr. Brenton, of the Park Department, and Mr. Irwin, Building Inspector, made an inspection and recommend that some repairs be made. The estimated cost is between $100 and $125, but there is no item in any budget to cover it. The Chairman asked if it appeared to be an emer- gency and Mr. Gayer replied that unless repaired, it will cause more damage. The Chairman inquired about Mr. Brenton's budget and Mr. Gayer explained that he is running close. Mr. Jams suggested, and the Board agreed, that the beam be replaced and charged to Mr. Brenton's bud- get and, if necessary, at the end of the year request a transfer to make up for the amount involved. Mr. Stevens, Town Counsel, arrived at the meeting at 7:35 P.M. Mr. Gayer referred to letters from Mr. Oonanttin regard to certain lots owned by him and located on Lincoln Street. He said that he checked into the sub- ject and it is a matter for a private engineering con- cern, but since Mr. Bateman promised him it would be looked after he had John Carroll do some work on it and will have the information for Mr. Conant when he returns to Lexington, He can then take it up with a private engineering concern or his attorney. Mr. Gayer gave a brief repor6 on the AssocL tOn of Member Communities of the Metropolitan Water District and asked if it is something in which the town should become involved. Mr. Stevens said that the idea of the association is all right. Mr. Gayer explained that the association has asked that one person and an alternate be appointed from Lexington who would have voting powers in any of the proceedings. 1 383 Mr. James said that since the association is already functioning, it behooves the Board to have a•represen- tative and suggested Mr. Gayer as the member from Lexington with Mr. John.C.arroll as the alternate. The Board agreed unanimously. Mr. Edwin B. Worthen met with the Board and re- ported that the Isaac Cary Trustees would like to hang Painting the.picture, "News of Lexington" in the trustees room in Cary Hall with a heavier cord. It is now hanging in the confer- ence room. He also suggested that the painting "Lady Lexing- ton" needed to be cleaned. • Mr. Worthen retired. Mr. Gayer presented a plan entitled "Proposed Plan of Water on Ames Avenue", in connection with request formater extension to include lots 496 and -497 owned Water .by Mr. Arthur Johnson, 42 Baker Avenue. He stated that with him, it is a matter of trying to find out that the Board would like to do. Personally, he would like to slow down on extending services. He said he thought the town should be putting mains in some of these streets if pose Bible. He stated that it reaches the point where five or six houses are coming in on service and the people do not have to pay any betterment when the main is installed as they are already receiving water. He recommended in- stalling a main from Carville Avenue to Baker Avenue and said that he realizes there will be cases where it may be a hardship and people may not have water as soon as they want it. He said that he -believes many of the vacant lots will have houses built on them if the water and sewer mains are installed. He said that he made the statement to Mr. and Mrs. Johnson that he thought it was too far to put in a service extension. They wanted assurance that if someone purchased one of these lots, a service would be run all the way down so that the house would have water. Mr. James asked if there were any services in there now and Mr. Gayer replied in• the affirmative. He said that is what he is running into. Right across from these two lots there is a service. He pointed out the houses that do hate water extensions -and explained that it has cut down the number of feet upon which betterments could be charged. Mrs. Morey asked if there was just a service line Cunning in the street and Mr. Gayer replied in the af- firmative. The Chairman said that the people pay the cost of putting the service in. 384 Mr. Gayer stated that in many areas the people have paid betterments and then paid for installing the service line in addition. The Chairman asked if the Board could charge betterments if the people already paid for a service. Mr. Stevens stated that it would be very diffi- cult to show that the value of the property had in- creased amd explained that with a main, it is the town's responsibility to maintain it, but with a service it is not. Mr. Gayer said that the town does maintain water services up to the meter. ,The people pay for replace- ment of old pipe but not for a leak or when a pipe is frozen. Mr. Gayer explained that here he would put in a six inch main which would strengthen the system. Mrs. Morey inquired about the length and Mr. Gayer stated that it involves approximately 60Q feet. At present the charge on a betterment basis is *1.50 per foot frontage which would makes $3.00 per running foot for the abutter and $3.00 .for the town or a total of $6.00. He said if mains are put in, money must be appropriated for them. He said the only appropriation in the budget is for Webb Street. The Chairman said that there is some leeway in the figure for Webb Street. Mr. Gayer said he has another request on Chase Avenue. Mr. Frissore has a house already built and wants a long extension. He will need water and sewer both. It would not be too difficult to extend the sewer but it could take a sewer main and the town could charge betterments. The Chairman stated that the Board has not been authorizing sewers unless advised to by the Board of Health. Mrs. Morey asked if the Building Inspector checked before issuing a permit to determine whether or not water is available. Mr. Maloney, suggested advising the builder that he will have to pay,a substantial part of the cost of installing water. The Chairman said that the Board could not change a betterment if the builder puts in the water. Mr. Maloney said the Board could charge, him at the betterment rate. The Chairman said that the builder could not be charged the entire cost as the people on the other side of the street would derive benefit. He suggested that Mr. Gayer find out what Mr. Frissore would go along with if the town put in the sewer. = 1 38i5 Mr. James said that he would like a list of all these type of things as far as water is concerned. An appropriation could then be requested at .the May Town Meeting. Mr. Gayer said that if Frissore wants water why not let him petition the Board of Selectmen and try to get some people interested in putting the water main in, and refuse the extension into. his house. The Chairman asked if he meant that the Board would refuse to grant the request for an extension of water service in the street and Mr. Gayer replied in the affirmative. The Board agreed to install a water main in Ames Avenue subject to the assessment of betterments. Mr. Gayer said that the next item is drainage in the area of the new High School upon which Mrs. Morey Drainage had requested some information. He presented a plan and explained the situation and briefly mentioned sug- gestions for relieving the condition to some extent. The 'Chairman said that Mr. Gayer should find out what Mr. Jackson, the. florist is doing, before making any decision. Mr. Gerald Gray,.1}9 Fern Street, met with the Board at 8:20 P.M. He stated that he had a sewer connection made to his house and the town required a deposit of $225 which he paid in September. The connection was made in Novem- ber after many telephone calls. He said that there is Sewer a charge of ten hours for a digger at $9.50 per hour. connection He said he wanted to.know where the time came from and charge why he was charged $9.50 when he found others who were charged $7.50. The Chairman explained that the $225 was an es- timate of what the service would cost and was not a deposit. The total amount was $186.93 and did not come to the estimated cost. He said that the time on the shovel did differ. Some people were charged $7.50 but in August the rate was increased. He ex- plained that the shovel is one.hired by the town and the rates were increased to $8.50 per hour and a dollar extra for overtime on Saturdays. He stated that the work was done on a Saturday because, as he understands it, Mr. Gray kept after the department to connect the sewer and in order to comply with the request, it had to be done on a Saturday. He ex- plained that there are many requests all of which are placed on a list and done in order of receipt. Mr. Gray said he wanted to know where the ten hours came from. 386 The Chairman explained that there were eight plus hours on a Saturday and one and one-third hours on a Monday. Mr. Gray asked what the shovel was doing on Monday and the Chairman replied that he did not know. The Chairman said that the estimate was $225 and the charge was $186. He explained that no charge was made for 44 0.4 0 overtime work on Saturday by the town men. The shovel was there ten hours between a Satur- day and a Monday. Mr. Gray said that the men did not know where to dig and he had to show them. The Chairman said that there must be some mistake as he. felt sure the men knew where to dig. Mr. Maloney explained that when a shovel is hired it goes on the job and remains there until the job is done. ,They will do a flat rate job, but when a shovel is hired it paid for from the time it leaves the yard until the job is complete. Mr. Gray asked why people were not told they would be charged for overtime and the Chairman explained that it was included in the estimate. He said that in most towns the people have to hire a private concern to make sewer connections but the Board feels it is less ex- pensive for the town to do them. Mr. Gray asked if the Chairman felt he had been overcharged and the Chairman replied that, leased on the information he found, he did not think so. The Chairman asked when he received his bill and he replied January 15th. The Chairman asked when he wrote the Superinten- dent and he replied February 5th. Mr. Gray retired at 8:35 P.M. Mr. Raymond E. Lewis and Mrs. Cheever, of the Town April 19th Celebrations Committee, met with the Board. Mr. Lewis presented the Chairman with one copy of the proposed program for April 19th observance. An informal discussion was held relative to the celebration and the Liberty Bill. Mr. Lewis and Mrs. Cheever retired at 9:15 P.M. John W. Rycroft, Chief of Poliee, met with the Bids Board. Police Sealed bids for the purchase of three police Cruisers cruisers opened by the Chairman were as follows& Mgwhinney Motor Sales 1-1956 Plymouth Plaza 2 door 6 cylinder . 42227.00 Directional signals, 40 Amp.Generator, Air foam & carrier springs front seat, 1 heater and defroster with separate defroster motor, transportation 2 .00 2 .00 Less Federal Tax 138.50 2343.50 Allowance 1955 Ford 2 door 114.3.50 Net 1200.00 1-1956 Plymouth Plaza 2 door 6 cylinder 2227.00 Accessories 2 0 .. Less Federal Tax 138.50 2343-0-0 0 Allowance 1954 Ford Sedan 111141a22 Net 496.00 Frederic R. Childs 1956 - 6 cylinder Ford Mainline Tudor Equipped with twelve volt battery, turn signals, heater and defroster, seat covers, heavy duty generator, and heavy duty front seat Minus Federal Tax 2320.00 Allowance, 1954 Ford ,1 �20.00 Net 0tf 0.00 1956 - 6 cylinder Ford Mainline Tudor Equipped as above and minus Federal Tax 2320.00 Allowance 1955 Chevrolet 1270.00 Net 1050,00 1956 - 6 cylinder Ford Mainline Tudor Equipped as above and minus Federal Tax 2320.00 Allowance 1955 Ford 120400 1050.00 Rowe -Jackson Chevrolet, Inc. 1956 Chevrolet, Model 1502 Series 150-2 dr. Sedan, 6 cylinder Plastic seat covers, heavy duty generator & regulator 40 amp., airflow heater & defroster, heavy duty front seat & springs, heavy duty arm rest -vinyl covering, front & rear Less Federal Tax Allowance on 1954 Ford Net $1797.25 19.0 9 . 1 00 1865.-95 00.00 9 38/ 388 1956 Chevrolet, Model 1502 Series 150-2 dr. Sedan, 6 cylinder Accessories Less Federal Tax Allowance on 1955 Chevrolet Net 1797.25 1 0 990.9 12 .00 13-65745 -a2a22 la15.95 1956 Chevrolet, Model 1502 Series 150-2 dr. Sedan, 6 cylinder 1797.25 Accessories _12.3.2.1(.2 1990.9 Less Federal Tax 125.00 1 Allowance on 1955 Ford 8 0.00 Net ,101 The Chief said that he would like to get three cars of the same make rather than take one of one make and two of another. Before making any decision, the Board would like an opportunity to look at the cars and obtain more informa- tion. Chief Ryeroft retired at 9:30 P.M. Mr. Tucker reported that Robert Merriam called him Drainage about water overflowing down between his house and Mr. Granny Stewart's house and inquired as to whether or not he Pond could get some gravel dumped up there. Mr. Merriam said that they had trouble about twenty-five years ago and believes there will be more this year. He said Mr. Gayer pointed out that it is private property and the town cannot do anything. Mr. Tucker said that he is simply presenting the facts. Mr. Stevens asked if the bank had worn away or if it is,just because this is an unusual year and Mr. Tucker replied that it is just an unusual year. The Chairman reported that in 1934 the Selectmen discussed a drain but the cost was excessive but gravel was dumped there and it must have taken care of the situation because there is no further record on the subject. Mr. Stevens said that actually the pond is privately owned. Mr. Tucker stated that the pond is owned by Mr. Sands and Mr. Stevens said that he could not see where the town has any obligation, Mr. Tucker remarked that the town then can't dnd will do nothing. CL 1 389 Letter was received from Judge Pierre A. Northrup re House Bill #2620 now pending before the Judicial Concord Committee. In his opinion the bill should be amended Court so as to include the District Court of Central Middle- sex among the full time courts. The Chairman explained that the subject was dis- cussed in 1954 at which time Senator Charles J. Innis was advised that the Board wished to be recorded as being in favor of having this particular court included in the list of full time courts. .No action was taken. Mr. Stevens presented a release for the Board to Release sign in connection with a claim for $334.90, damage to the police cruiser which is being paid for by this in- surance company. Mr. Stevens presented a release, Boston & Middle- sex Street Railway Company, in the amount of $103 for Release damage to the fence around Munroe Cemetery. He ex- plained that he checked and found that the fence has been repaired. Mr. Stevens also presented two petitions for leg- Legislation' islation based on Town Meeting votes. One was submitted by the League of Women Voters and the other is in regard to a Historic Districts Commission:. Mr.. Tucker reported that Mr. Potter, Chairman of Hours the Board of Cemetery Commissioners, informed him the other evening that no department heads had been con- tacted in re starting work at 8:30 A.M. and as far as the Commissioners are concerned, they will not askc the office help to work on the new hours. Mr. James said that his help is only part time so it does not apply to them. The Chairman explained that, according to the By - Laws, the Selectmen have no control over the Assessors or the Welfare Department. Mr. James said that as far as he could see there is nothing to be done about the cemetery department. Mr. Stevens retired at 10:05 P.M. The Chairman read a second letter from A. J. Covell, 67 Harlow Street, Arlington relative to water and sewer extensions to service 316 Massachusetts Avenue. Water & The Chairman asked if funds were available and Mr. sewer Gayer said that there is no money unless it is just taken extension out of the account. He said he would be willing to go along with whatever the Board decides. 390 Mrs. Morey asked if this would be an. extension of a service or a main and Mr. Gayer replied that it is an extension of a main, Mr. Gayer was asked to acknowledge the letter, Another letter was received from the Lexington Field and Garden Club referring to the plot of land Curbing located at the intersection of Hancock and Revere Streets and Coolidge Avenue. If the town will pro- vide suitable curbing around this plot the Club has funds which might apply to.decorative planting. Mr. James pointed out that the budget was re- duced by vote of Town Meeting and money is_not available for this. Mrs. Morey stated that the area is practically a rotary and the streets should be established at full width before installing curbing,. The Board is to view the area and consider the request next Monday. The Chairman read a letter from the State De- Sidewalks partment of Public Works regarding sidewalks on Route 2A. An. estimate of cost will be prepared for the construction of sidewalks requested by the Board and-the-Beawd and the projects will be placed on the priority list. The work will be done at such time as funds become available. Request for Letter was received signed by Mr. & Mrs. Cogswell, street 4 Smyth Street and Mr. & Mrs. Campbell, 5 Smyth Street, construction requesting the town to construct and maintain Smyth Street from Charles Street to Sutherland Road. It was decided to have an estimate of cost prey pared for signatures and consider the request in the. 1957 budget. Mr. Gayer retired at 10:15 P.M. Invitation The Chairman read a letter from the New England Telephone and Telegraph Company inviting the Board to attend an Open House to be held April 17th and 18th from 7:00 to 9:00 P.M. at the new dial office on Waltham Street. April 19th sale permit The Chairman read a letter from the Battle Green Chapter, Order of DaMolay requesting permission to sell ice_cream April 19th on Massachusetts Avenue between Grant Street and Slocum Road from shoulder boxes carried by members of the Chapter. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the request. 1 391 Letter was received from the Middlesex County Selectmen's Association relative to a conference on Flood flood control in the Assabet and Concord River areas, control to be held Apri1.12th at the Red Coach Grille, Wayland at 7:00 P.M. The Chairman read a letter from Miss Katherine Harrington, 1881E Massachusetts Avenue, requesting per - .mission to park her car on Clarke Street. She also requested permission for service men rooming at her house to park on Massachusetts Avenue all night. Inasmuch as the Traffic Rules and Regulations prohibit parking on the easterly side of Clarke Street from Massachusetts Avenue to Raymond Street and also make it unlawful for the driver of any vehicle, other than one acting in an emergency, to par); on any street for a period of time longer than one hour between the hours of 2:00 A.M. and 6:00 A.M., the request was denied. Further consideration was given to the two offers received for the purchase of tax title lots 30 and 31 Hillcrest Street. The Chairman was authorized to advise that per- -mission will have to be obtained from the Board of Appeals before a house can be constructed and that the Board will file an application for a hearing pro- viding they are still interested in acquiring the lots. Letter was received from the Lexington Minute -Man requesting a copy of the Selectmen's weekly agenda to Agenda make possible more adequate reports of the meetings. Mr. James said that there/i9gfs listed on the agenda that should not be given out at that particular time. It was decided to give Mr. Adams a copy of this evening's agenda -and ask him to submit a sample of what he would publish. Upon motion of Mr. Maloney, seconded by Mrs. Permit Morey, it was voted to grant the St. Brigid's Holy Name Society permission to locate a refreshment stand on Emery Park April 19th. Letter was received from the Lexington Boys' Club, Inc. requesting permission to locate a refreshment Permit booth on that portion of the Barnes property adjacent to the Club.on April 19th. Upon motion of Mr. James, seconded by Mr. Maloney, it Was voted to grant the request. A telephone call was received from Dr. John E. Paper Murray requesting permission to conduct Archbishop drive Parking Tax title 392 Paper drive Cert. of Inc. Uses of halls Licenses Committee Appointments Cushing's paper drive in Lexington on Sunday, May 13th. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the request. Letter was received from Rev. Harold T. Handley, on behalf of the Church of Our Redeemer, requesting permission to conduct a paper drive on Sunday, April 22nd. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the request. Upon motion of Mr. Tucker, secortied by Mr. Maloney, it was voted to sign application for Certificate of In- corporation on behalf of Maurice F. Shaughnessy, 19 Wheeler Road, et als; satisfactory character references having been received from the Chief of Police. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the following uses of halls: Town Meeting Members Assn. Conf. Rm. Apr. 12 Meeting Sun Valley Kindergarten Estabrook June 3 Closing Exercises Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the following licenses: Dexingtbn�Cab Co. 1 inute .Mari' Cab. tCo. Pine Meadow Golf Club Mior SpA' Corner 'Variety°• Shop Woodhaven ;Country.: 4 -tore Servation Arm.' Lexington The-a'°e- 1 1 11 :Depot.Sq. 'P4bi Carri'a0-' )renewal - Depot Sq -Dxhltc Carrigge re 232sCedar- St. o, 1 leo9mnon Vict. " 269 Bedford St3:i 5und404.e .es m 856 ' MAds47Na;.Avey n N$Iximitif males " L.24 'Xarrett R :-5 zAtif ales ,,fl' :-uei nt n St 4,1" *t et!Junk Co`L1ector ,1791.E I4as s .; Ali* J3' "'-'.8unilsR' 110404at -- - w The Chairman reminded the Board that the Town Cele- brations Committee will have to be appointed according to the vote adopted at the Adjourned Town Meeting. It was agreed to defer action until after the 19th of April celebration.' Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to re -appoint the following individuals to serve on the Board of Public Welfare and Old Age Assis- tance Bureau for terms expiring March 31, 1957: Harold F. Lombard, John A. Sellars, Howard H. Dawes and Robert K. Taylor. nn 393 The Chairman was authorized to contact Mr. Elmer E. Houdlette to determine whether or not he will serve as an Associate Member of the Board of Appeals. It was unanimously agreed to request the Package Package Goods stores to remain closed all day April 19th and Stores during polling hours on April 24th. The Chairman said that he thought the Board should Parking on consider amending the Traffic Rules and Regulations to Bedford St. include no parking on either side of Bedford Street from Schragle Motors to beyond the First National Store. The Chairman was instructed to request the Chief to submit his recommendations on the subject for con- sideration by the Board. Mr. James suggested asking the Chief to formulate what he would like and then invite the people in the area to meet with the Board for a discussion of the subject. Mr. Tucker suggested consideration be given to the Parking elimination of parking on Massachusetts Avenue in front of the Central Block and the Hunt Block. - Mr. James reported that Mrs. Olford, Reed Street, called him yesterday. She said that the sewer was go- Sewer ing along Myrtle Street -and was changed to Avon Street and she has 135 foot frontage. The Chairman said that there would be no assess- ment. Mr. James reported he had so advised her. The meeting adjourned at 10:50 P.M. A true record, Attest: 394 SELECTMEN'S MEETING April 16, 1956 A meeting was held in the Selectmen's Room, Town Office Building, on Monday evening, April 16, 1956 for the purpose of receiving bids for water works material. Chairman Reed, Mrs. Morey, Mr. Gayer, Superin- tendent of Public Works, Mr. Howard, representing Whit man and Howard, and the Clerk were present. The bids were opened by the Chairman and read by Mr. Howard as follows: Cast Iron Water Pipe R. D. Wood Co. 200' 6'" $1.841 per foot 12,700! 12" 1..59 per foot Shipment June, net cash 30 days. Or payment 10 days, discount 1/2 of 1%. 114.8.Pipe & Foundry Co. 200' 6"i 1.85 per foot 12,700' 12" 4.60 per foot Net cash 30 days from date of invoice. Shipment 45 days after receipt of order with complete information. Warren Foundry & Pipe Corp. 200' 6'" 1.83 per linear foot 12,700' 12" 4.56 per linear foot If order placed at once, delivery will be made beginning April 16th and com- pleted May lh.th. Hilco Supply 10 12" 20 6" gate valves & boxes $174.45 63.00 Terms 2% 10 days. Can be delivered in three weeks. Six and three of the 12" can be delivered from Sudbury stock and balance in three weeks. 1 v� Hilco Supply 1 12 x 12 tap & sleeve $307.77 1 6 x. 6 m m " 114.72 Terms 2% 10 days Delivery from Sudbury stock. George A. Caldwell Co. 100 l2m gate valves with box l% 10 days. Delivery about three to five weeks after receipt of order. $177.78 each 64.00 each George A. Caldwell Co. 19 hydrants $161.15 Delivery about three to five weeks after order is received. 1% 10 days. George A. Caldwell Co. 1 12 x 12 tap & sleeve $313..78 1 6 x 6 "' " "' 117.19 Delivery from three to five weeks. Terms i%. Firm until 4/30/56. Public Works Supply Co. 19 5m hydrants plus $3.80, for trench 2% 10 days. Delivery four to five weeks. Public Works Supply Co. 1 12 x 12 tap & sleeve $306.50 1 6x 6 " '* " 115.25 Terms 2% 10 days for tap and sleeve and valve. For the boxes net cash 30 days. Shipment four to five weeks. Public Works Supply 10 12' gate valves & boxes $173.50 each 20 6m " ft ft it, 64.00 each 5'" $154.84 each 396 2% 10 days on valves. Boxes net cash 30 days Shipment four to five weeks on valves. The Chairman stated that the Board would take the bids under adstisement and advise the bidders shortly of a decision. .11 bids were taken by Mr. Howard who agreed to give Mr. Gayer a digest of them. The meeting adjourned at 5:15 P.M. A true record; Attest: j Executive , lerk, Sele en. 1 397 SELECTMEN'S MEETING April 16, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 16, 1956 at 7:00 P.M. Chairman Reed, Messrs. James, Maloney and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon peitition of the Gasoline Socony Mobil 011 Co. Inc., for permission to increase hearing the underground storage capacity of gasoline from 6,000 gallons to 10,000 gallons on the premises located at 273 Bedford Street. Notiee of the hearing was inserted in the April 5, 1956 issue of the Lexington Minute -Man and also to owners of property abutting the location. Mr. Richard Rieves, representing the petitioner was the only person present at the hearing. He pre- sented plans and explained location of the present and proposed tanks. The Chairman reported that the proposed increase in capacity was approved by B. J. Beleastro, Deputy Chiu of the Fire Department. Mrs. Morey asked if the petitioner proposed to increase the number of pumps. Mr. Rieves replied in the negative and explained that by increasing the storage capacity of the tanks it will reduce the number of deliveries by trucks. The hearing was declared closed and upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant the petition and issue a license to the Socony Mobil 011 Co. Inc. to store 10,000 gallons of gasoline in underground tanks located at 273 Bedford Street, Lexington. Mr. Rieves retired at 7:10 P.M. Sealed bids for a new car to be used by the Build- Bids ing and Plumbing Inspectors were received and read by cars the Chairman as follows: Mawhinney Motor Sales 1-1956 Plymouth Plaza 6 cylinder 2 door sedan $222'7.00 Heater, defroster, oil filter, oil bath air cleaner, directional signals, air foam 398 seat, front and freight Less Federal Tax . Less Special Discount Net Frederic R. Childs 1-1956 Ford Mainline 6 cylinder Tudor, equipped with fresh air heater, seat covers, oil bath air cleaner, oil , filter and turn indicators - Less Federal tax Net Rowe -Jackson Chevrolet, Inc. 1-1956 Model 1502 -Series 150 - 2 door sedan, 6 cylinder Plastic seat covers, airflow heater and defroster, oil filter, oil bath air cleaner Less Federal tax. Less discount Net 18 .00 17x.1 .00 _131±52 227 _5111522 1 .0 $1475.o0 1797.25 1732.2 250.00 1532.25 Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to accept the low bid of $1475 net submitted by Frederic R. Childs. Upon motion of Mr. James, seconded by Mr. Maloney, Conduit it was voted to approve petition submitted by. the New, location England Telephone and Telegraph Company for a conduit location sanMaple Street, from pole 6134 northerly and westerly, approximately 75 feet. This order supersedes and rescinds the order granted on January 30, 1956 to correct the description originally presented by the petitioner as northerly and southerly. Gas main Letter was received from the Mystic Valley Gas Company re installation of a four inch steel gas main in Follen Road and Dawes Road. Mr. Gayer reported that this installation is for an extension of service and he had no objection. - Mr. Gayer was informed that the Board is. not satis- fied with the condition in which the streets are left by the gas company. 1 399 The Chairman read a letter from H. G. Gray, Chief Sidewalks Engineer, Department of Public Works, re sidewalks in which he suggested that a firm commitment signed by the members of the Board, agreeing to conditions set forth in his letter of December 14, 1955, be submitted to the Department. Mr. Stevens, Town Counsel, arrived at the meeting at 7:30 P.M. The Chairman read a letter from Mr. Albert E. Zani, 37 Homestead Street, requesting a petition f or acceptance of the street. Homestead Mr. Gayer was instructed to have an estimate of Street cost prepared and sent to Mr. Zani. Mr. Gerald V. Fox, 3 Redcoat Lane, and two other individuals met with the Board. Mr. Fox reported that he could not find an ease- Drain ment relative to the storm drain. The Chairman explained that there is no easement and the contractor will have to do further work before the Planning Board will release his bond. He presented the plan and stated that the surveyors, Miller & Nylander, apparently made an error in the plan. Mr. Snow, con- sult ant to tfie Planning Board,advised the Chairman today that Miller & Nylander admitted the error. He told DiCarlo, the developer, he would have to have this straightened out before the bond is released. The_Chairman explained that the street was not accepted at the Annual Town Meeting because no ease- ments were obtained. Mr. Stevens said t hat what the contractor agreed to do with the Planning Board was what he was shown on the plan. He said this is not a town affair and asked Mr. Fox what he thought should be done. Mr. Fox replied that he did not know, but some- thing will have to be done. Mr. Stevens said that the first question is to find out, from an engineering point of views what should be done. He said he was sure the Planning Board would be glad to help. The group retired at 8:00 P.M. Mr. 'Gayer reported that he received a petition from some people on Leroy Road for acceptance, but it would not continue out to School Street. He said he would recommend constructing it all the way through. The Chairman said that the Chief of Police feels definitely, if the street is accepted, it will*have to be made one way to prevent its use as a cut-off from the airport traffic. Leroy Road -00 Dump Mr. Stevens said that if the Board took the position that as a town way it should be constructed all the way through, these people may change their minds. The Chairman stated that the project proposed by the Bureau of Roads might take some of the traffic off School Street. Mr. Gayer said that he would like to discontinue the practice of allowing the junk dealers to pick the dump. Mr. Stevens said that the dump regulations would have to be amended. It was agreed to have Mr. Gayer and Mr. Stevens go over the present regulations governing the dump, Mr. Gayer then to present his ideas to the Board. The Chairman read a letter from Mrs. Arthur Copyright Bernier in re release of the Liberty Bill copyright. Mr. Stevens took -the communication with him. Mr. Richmond, Lincoln Laboratories, met with hie, M. I. T. Board. Lincoln Lab He said that he is assistant to Dr. Hallway, Director of M. I.TT. Lincoln Laboratories, Lincoln Laboratories have been in Lexington for about two years now and they would like to be known as a good neighbor. It seems to them the -first step is to get better acquainted with Lexington people. He said his mission this evening is a double one. He would like to extend an invitation to the Board and such other officials as it may suggest, to visit with Lincoln some time in May either for a lunaheen-or buffet supper. He said they would like a group of between twenty and twenty-five and would like'sug- gestions. The Chairman expressed appreciation, on behalf of the Board, and explained that possibly Tuesday or Thurs- day would be a better night. He said he was sure the Planning Board would be interested and also suggested the Superintendent of Public Works, Executive Clerk, Board of Fire Commissioners, Chief Engineer and the Chief of Police. He said it would probably not be possible to arrange a night convenient to everyone and suggested that Mr. Richmond set the date and the group could then arrange its time to attend. Mr. Richardson retired at 9:00 P.M. East Street Mr. Cataldo met with the Board and presented a sketch of East Street where he proposed to build a house. He said that a few years ago the Towntook a strip of land for the purpose'of widening the street Sae 1 401 and at some points it goes as $'ar back as twenty-eight feet. He said that there is a hollow there and he wants to bring his house up to the grade of the street. He will fill in his land and wants the town to fill in the land taken for widening. The Chairman said that the Board could not make a decision this evening and would have to look into the matter further as it is an unusual situation. Mr. Cataldo retired at 9:05 P.M. Mr. Paul Palmer met with the Board relative to Hastings loam for the Hastings School. School •Following a short discussion relative to loam loam removed from the school, the Chairman advised that the town does not have any loam available. Mention was made of the fact that the Unitarian Church intended to make a parking area and will have loam to dispose of. Messrs. Palmer and Gayer retired at 9:25 P.M. Letter was received from Governor Christian A. Exec. Order Herter, together with Executive Order 31 which makes 31 a change in the Civil Defense program. The Chairman read a letter from the Planning Tax title Board asking that the Selectmen notify the Planning property Board of any possible sale of tax title or other town owned property before such sale is consummated. A detailed explanation of the reasons for this request was included.in the letter. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to approve Surety. Bond No. F-150988 in Bond the amount of $2,000 on behalf of William G. Dooley as Constable in the Town of Lexington. Letter was received from the Boy Scouts of America, Boston Council, inviting the Board to attend the 11th Scout Annual•Minute Man Pilgrimage to Lexington on Saturday, Pilgrimage April 21st. The guests of honor will assemble at the Common at 2:15 P.M. Mr. James agreed to represent the Board, and ex- tend the greetings of the town to the Scouts and Leaders. Letter was received from the Town Celebrations Committee suggesting that the sale of the Liberty Bills Liberty be offered to the Chamber of Commerce with the under- Bills standing that any funds beyond expenses be applied to the upkeep and preservation. of historic sites in Lexington. 402 The Chairman read a letter from Lexington Post Proclamation No. 3007, V. F. W. to which was attached a Loyalty Day proclamation to be signed by the Chairman and published in the Lexington Minute -Man. The Board had no objection. Letter was received from the Lexington Post No. Permit 3007, V. F. W. requesting permission to use the triangle at the junction of Bedford and Hancock Streets for a popcorn stand on Thursday, April 19th. ..The Chairman explained that this organization had permission last year to=use the same Iocation. Upon motion of Mr. Maloney, seconddd by Mr. James, it was voted to grant the request. • Further consideration was given to Mr. Handley's Sign letter relative to a fence that has been erected on Curve Street and his recommendation that a sign be erected for the protection of children in the area. It was agreed to request Mr. Gayer to place a Go Slow Children sign at whatever location is recom- mended by the Chief of Police. Letter from the Lexington Field and Garden Club Triange at relative to possible improvement in the appearance Hancock & of the plot located at the intersection of Hancock Revere Sts, Street, Revere Street and Coolidge Avenue was held over until the next meeting. The Chairman read a letter from Mr. Salvatore Tax title Ciccariello, )01 S. Kehan Street, Somerville, advising that he will pay $2200.for tax title lots 30 and 31 Hillcrest Street. Mr. Ciccariello will file an ap- plication with the Board of Appeals if the Board ac- cepts his offer. - These are the same two lots that Mr. Edward R. Reid, 72 Pleasant Street, Cambridge, offered to pur- chase for $1900. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to advertise a proposal to sell the lots in next week's issue of the Lexington Minute -Man. Police cruisers Further consideration was given to bids opened last week for the purchase of three cruisers for the Police Department. The Chairman reported that he had ridden in the Plymouth and the only objection was the lack of room in the front seat. However, he was assured that the seat could be moved back. He also reported that the Chief of Police would prefer to have three, cars of the same make. 1 Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to aecept the bids submitted by Mawhinney Motor Sales as follows: 1956 Plymouth Plaza, 2 door 6 cylinder, plus equipment quoted and less Federal tax $2343.50 Allowance on 1955 Ford 2 door _1_2A511 Net 120 .00 1956 Plymouth Plaza, 2 door 6 cylinder, plus equipment quoted and less Federal tax Allowance 1955 Chevrolet 2 door Net 1956 Plymouth Plaza, 2 door 6 cylinder, plus equipment quoted and less Federal tax Allowance 1954 Ford Sedan Net 2343.50 1 0 1106;r)0- 406 100.0 406 Letter was received from Mrs. Arol Maxner re- questing permission, on behalf of the Afternoon Rummage sale Alliance of the Follen Church, for permission to use the Barnes property on Saturday, June 2nd for a rummage sale. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant the request. Upon motion of Mr. Maloney, seconded by Mr. James, Use of halls it was voted to grant the following uses of halls free of charge: Town Meeting Members Ass'n. Conf. Rm• May 1 Meeting Chief Rycroft Estabrook May 15 Meeting of Spec. Police. Upon motion of Mr. James, seconded -by Mr. Maloney, it was voted to grant the following licenses: Jean Baker John A. Schoppet Lex. Bowladrome Lex. Bowladrome Town Line Pharmacy Lexington Theatre Albert A. Young & James R. O'Brien Smith's Paper Store Wardrobe's Pharmacy 1736 Mass. Ave. 8 Dee Road 1698 Mass. Ave. 1698 Mass. Ave. 20 Mass. Ave. 1794. Mass. Ave. 321 Woburn St. 1832 Mass. Ave. 807 Mass. Ave. IntelligenceeOffice Auctioneer Bowling Sunday Bowling Sunday Sales Sunday Movies Common Victualler:: •Common Victualler Sunday Sales Reference was made to the Spring meeting of the Middlesex County Selectmen's Association on Wednesday, April 25th at Cary Hall. It was agreed to invite Mr. Licenses Selectmen's Ass'n. Meeting 404 Adams, Chairman of the Planning Board, Mr. Snow, con- sultant to the Planning Board, Chief Rycroft and Chief Cook. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to appoint the following individuals as Special Police in the Town of Lexington for terms ex- piring March 31, 1957. SPECIAL POLICE COMMISSIONS Expiring March Acheson, Eugene A. Allen, Charles D. Allison, Howard D. Anderson, Carl Andrews, Daniel J. Barrett, Elliott J.. Beauchesne, Joseph Bickford, Walter E. Bradford, Arnold P. Brunn, Ewart M. Butler, Lawrence M. Cabral, Joseph E. Carroll, James J. Clifford, Malcolm H. Colbert, Edward P. Conklin, George F, Jr. Crosby, Vernon R. Curran,. Michael D. Davis, Daniel E. Dearborn, Horace N, Dearborn, Murray G. Dermody, Roderick Dooley, Henry W. Dow, Kenneth W. Dreselly, Andrew Eriksson, E. Alden Fifield, Donald M. Finney, Charles 1. Flack, Clifford F. Foster, George E. Gagne, Maurice A. Galvin, Roswell P. Greening, Gaywood 31, 1957 2634 Massachusetts Avenue t}. Paul Revere Road 15 Utica Street 231 Bedford Street 21 Shirley Street 232 82 40 24 47 17 54 715 5 24 8 16 16 1722 75 15 41 25 36 141 10 Lincoln Street. Adams Street Waltham Street Pine Knoll Road Downing Road Woodland Road North Street Muzzey Street Chase Avenue Massachusetts Avenue Nichols Road Sunnyknoll Avenue Baker Avenue Plainfield Street Stratham Road Stratham Road Massachusetts Avenue Baker Avenue Bedford Street, Goodwin Road Preston Road Adams Street Albermarle Avenue Outlook Drive Plainfield Street 18 Middle Street 21 Crescent Hill Avenue 688 Marrebt Road 1 Howie, Colin A. James, Henry T. Jenson, Edmund M. Johnson, Joseph S. Jones, Ceeil Josephson, Harold 14 Scotland Road 28 Vaille Avenue L6 Fern Street 51 Spring Street 36 Woburn Street W. 27 Harding Road Kakas, Edward G. Kleinberg, Edward F. Lamont, John Lannquist, Arthur Lewis, Raymond E. Linfield, Arthur R. Licciardi, Frank G. MacDonald, Charles MacKechnie, H. K. Marcus, Hymen Martin, Clifford M. MacLean, Ralph D. McInnis, Richard Melquist, John Merz, William F. Moloy, Charles E. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert Nickerson, Benjamin O'Connor, Daniel P. Parker, Edwin F. Palermo, Victor Pierpont, Wilfred D. Jr. Polley, John D. Redmond, James Reilly, John F. Richards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rosendorn, Louis Ruocco, Louis Ryan, William J. 44 Locust Avenue 41 Moreland Avenue 11 Spencer Street 153 Shade Street 11 Hancock Street 58 Oak Street 26 School Street 214. 12 2199 9 83 86 252 23 8 5 9 81 '.9 9 2� 189 Bernard Street Winthrop Road Massachusetts Avenue Hillside Terrace Spring Street Cary Avenue Gleason Road Marrett Road Webb Street Rindge Avenue Bennett Avenue Sunnyknoll Avenue Gleason Road Cedar Street Forest Street Avon Street Taft Avenue Wood Street Y-1 Dunham Street 43 Downing Road (07 Farmcrest•Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 50 Fottler Avenue 28 Theresa Avenue 6 Camelia Place 405 406 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, gxel Turner, Geri1d C. Walsh, James V. Webb, Edmund A. Webb, Melville W. Wilson, Davis S. Jr. Wright, Glenn Young, Stanley R. Zittell, George S. Zitso, Peter 31 Grassland Street 295 Marrett Road 7 Pleasant Street 430 Concord Avenue 11 Bedford Street 11 Hamblen Street 23 North Hancock Street 55 Taft Avenue 17 Coolidge Avenue 117 Bedford Street 9 Hillside Terrace 152 Bedford Street 3 Hayes Avenue 266 Lincoln Street 11 Hamblen Street 67 Simonds Road 86 Winter Street 306 Lowell Street 65 Williams Road SPECIAL POLICE - SCHOOL JANITORS Expiring March 31, 1957 Clarence McPhee George Doughty, Jr. Thomas F. Ryan Louis A. Bonney Carl R. Petterson Horace W. Bonney Anthony J. Janusas Thomas Sullivan David Kidd William P. Casey Generino Santosuosso Edward T. McDonnell School Department rr m n m tr n fit ro m m n m n,' rx it A m ro n m Library SPECIAL POLICE OFFICERS - TERMS EXPIRING James E. May Charles W. Varney William J. DiCicco March 31, 1957 Mid. County Sanatorium n n Ir n nr m C") 1 M. I. T. LINCOLN LABORATORIES Mr. Ivers J. Rutherford 39 Mount Hood Road Brighton, Mass. Mr. William L. Spiers 188 Lowell Street Lexington, Mass. Mr. Henry Crowninshield 7 Paul Avenue Woburn, Mass. Mr. Christian Larsen 1O Thoreau Street Concord, Mass. Mr. Edward T. Gallagher 177 Main Street Maynard, Mass. Mr. George F. Cheney 73 Chestnut Street North Reading, Mass. Mr. Raymond L. MacLean 16 Cypress Road Arlington, Mass. Mr. Edward A. Richardson 34 Lexington Street Wilmington, Mass. LEXINGTON SPECIAL POLICE OFFICERS - TERMS EXPIRING March 31 Alan G. Adams Roy A. Cook Anthony Rochette Charles Brenton Ralph I. Dale Haskell W. Reed (Mrs.) Ruth Morey Ralph H. Tucker Raymond W. James William E. Maloney Richard J. Gayer Francis J. Smith 1957 Adams Press Deputy Chief Fire Department Janitor, Town Office Park Department 1640 Massachusetts Avenue Selectmen rn rn rn Supt. of Public Works Keeper, Hobbs Brooks Reservoir Lincoln 407 408 Zoning Permtt denied Permit Package Goods Stores James Stuart. Smith William L. Harrington John W. Alexander Henry Brown, Jr. James W. Manning 1. Percy Road Metropolitan State Hospital ,! ,p IT fl ,t 173 Hancock St., Cambridge (Belmont Country Club) LINCOLN PROJECT - M. I. T. August S. Cidaho Donat A. La Casse George C. McKenney George Richardson 55 Lake Street, Wilmington 22 Spring Street, Lexington 115 Brown Street, Brookline 272 Channing .Road, Belmont The Chairman brought up the subject of zoning, Route 128 and it was more or less agreed to write to the Avco people and inform them that the Board is interested in what they have to propose. The Chairman read a letter from Mrs. Helen DeRusha, 325 Conant Road, Weston, requesting permission to sell ballots in Lexington on April 19th. Inasmuch as it has been an established policy of the Boards for a number of years to limit sales on April 19th to local residents, it was agreed to deny her request. Request was received from John J. Shaughnessy, 44 Garfield Street, Woburn, for permission to move a real estate building 12' wide and 20' long from•Wachusett- Circle to Woburn on Friday, April 20th. Mr. Shaughnessy has a bond on file in the Select- men's Office and it was agreed to grant .his request, sub- ject to the provision that he contact the Chief of Police in advance to arrange the time most convenient for him. Mr. Maloney reported that the liquor stores in towns adjacent to Lexington will be open for business all day on Tuesday, April 12th, Primary Day. He stated that the owners of Package Goods Stores in Lexington would also like to remain open. Upon motion duly made and seconded, it was voted to rescind the vote of April 9th requesting the Package Goods Stores to remain closed during polling hours on April 24th. The meeting adjourned at 10:55 P.M. A true record, Attest: tiv lerkiSelec cad 1 1 4o SELECTMEN'S MEETING April 23, 1956 A meeting of the Board of Selectmen and the Planning Board was held in the Selectmen's Room, Town Office Building on Monday morning, April 23, 1956 at 9:15 A.M. Chairman Reed, Mr. Maloney, Mrs. Morey and the Clerk were present. Chairman Adams, Messrs. Grindley Jaquith and Burnell of the Planning Board were present. Mr. Snow, consultant to the Planning Board, Mr. Woodworth, rep- resenting Walter Channing Company, Mr. Wheeler, representing Cabot, Cabot and Forbes, were also present. The discussion held was more or less as follows: Adams: Woodworth: Mrs. Morey: Woodworth: Mr. Woodworth we have a majority of the Boards here. You wanted to see us and we will be glad to listen. Mr. Wheeler has been interested in Lexington from a commercial and/or industrial point of view and we have been promoting it. The matter of zoning has been in their minds. I think Dan would like very much to hear some general reactions from the horses mouth as it were. They also, as promoters, have been in contact with our close friend and companion whom, I don't think we have to say more, is Avco. We have not gone over anyone's head or to anyone's back door. As far as I am concerned, I would like to promote anything you would like to be promoted. I think Lexington is going to re- zone if it is done properly and having seen some of the things which they have done it would seem to me, since land is not rezoned as of today, certain parcels, they would want more reassurance than would come from me as to the possibilities of rezoning and what general areas, categories, etc. That is very general, but that is why we are here. You introduced us all when these gentlemen came in. I would like to know whom each represents before they do any more talking. I am Mr. Woodworth from_ Walter Channing in Boston and I am here in anything but a brokerage capacity. I am not brokering today. Mr. Wheeler is an executive of the firm of Cabot, Cabot and Forbes and they are chiefly promoters. They are developers. I think everyone knows what they are. I am not representing Avco exclusively. We came to the Planning Board meeting with a gentlemen from New York who we thought was an exclusive, at least at the time, representative of Avco and in good faith we searched the 410 field and thought we had it nailed down, but apparently it was not. They have still not settled. I don't know as much as Mr. Wheeler knows and it is not necessarily mytibusiness to know his relationship with that particular firm. I am not trying to find out. I have been promoting Lexington as a place for indus- trial, commercial developments along Route 128 before this came into the picttr e. The chief reason for wanting this is to get your reactions either to a fairly immediate or gradual zoning change. Wheeler: I am not here today from Cabot, Cabot and Forbes representing Avco. We are only one of several people who have been working with them. Just where their final location may be we are not even certain. Our interest is that we are de- velopers and have been interested in land in Lexington on Route 128 for several years and worked before with Mr. Blackwell for a period on the land which you have already zoned in which he has an interest. We did not go any further in talking with you people in acquiring any of the land at that time because there seemed to be so many problems. Since then we have been working with Mr. Woodworth and looking at other land you do have on 128 and are very definitely interested if there is reasonable assurance that the land could be rezoned and then be willing to go to the townspeople and present their full story; what the building will look like, type of business, etc. A lot of them do not even want to air their operation before the public if they can avoid it but very few of them have the time once they make a decision that they are goingto have a new plant. That is one of the reasons we have been able to build for many firms. We are offering a prepared site. The situation in Wayland in regard to Raytheon was tailor made to their operation. If they decided to leave then the building would not be suitable for„anyone else at present. You know Avco has looked in town. We do not have any specific people we could come to you and say they would locate if you would re -zone. We are wondering if there is a possibility if we, as developers, could present our story to the towns- people as to the type of company, thewuses they would make of the land, the control of the building, parking and things of that sort. With that story would the town re -zone for us and allow 1 1 1 411 us to talk to various companies. We feel for general business it is necessary to have the land zoned rather than just to keep bringing companies before the town and discussing them on their own merits. Adams: The question of re -zoning for light manufacturing has been up several times with several unfortunate experiences. We recognize the need of it but sev- eral times the town has not. Mr. Snow came with us two years ago. It was an idea to have a full- time man who would have a chance to study and come up with recommendations for re -zoning. We are more or less in the middle of it now. He has completed a land use survey all along Route 128. It should come along in a few months. Only speaking for the Planning Board we cant guarantee what the town will do but we will bring it up to the Town Meeting. There has been in the works a restudy, probably with recommendations but the present Mi is not restricted enough. A lot of small plants is not something that any of us want. Do you want to ask your questions or do you want to go into more detail? Wheeler: As I get it•, the feeling of the town because you had one or two companies you definitely did not desire, it is a point we feel we definitely could not go along with a definite customer because of the time factor and from an investment standpoint for us to hold a piece of land and constantly be wondering if we had lead usable or not. I am wondering if there is a feeling with this new recommendation which Mr. Snow is working up and with our own restrictions that the town might consider a re -zoning of land without any one or group of customers in mind. Adams: This visit is a little different point of view. Before this we have been talking about one customer. Now the approach is an industrial plantisntt it? Wheeler: It is very possible that you have had discussions with Avco and we are working withs everal companies 16oking at three or four sites. We might next week be able tocome in and say here is a company interested in Lexington if it were re -zoned. At the moment we don't have anyone definitely stating they want one or the other site and just can't tell you when we will defi- nitely come to that. We wonder if it might be worth our while and yours to have us acquire one or two sites and have them zoned so you can talk on a day to day basis with a firm who wants to decide in a day or two and build in another six months. Adams: Is most of your business done en a lease basis? 412 Wheeler: Yes, about 85% of it. We will find land and have deed restrictions and sometimes build a building and sell it complete, but the majority we do build and lease on a twenty-year lease. One of the things we are interested in Waltham is the con- trol of the building itself. I don't think the town would want metal buildings. In our own zon- ing the buildings must be of brick which we feel is very definitely necessary. It is something you can't put in a town's by-laws. Adams: Did the city of Waltham have to put in utilities? Wheeler: Yes. They put inac.trunk line sewer which they were going to put in anyway. Our development and the other concerns have pushed the problem for the major sewer, which was two or three years earlier. It was a very substantial investment but I don't re- call how many hundred thousands of dollars. Adams: What about water? Wheeler: They will have to put in water, a storage tank on top of the hill. All of the people will meet the expense and it will not cost the city too much. None of these things we ask for ourselves. They were already programmed when we came in. They had done the zon- ing when we purchased the land. The income is more than paying it off. As far as sewer and things like that, we are concerned about them. We definitely have to have water for concerns, at least for a stand by protection from a fire underwriter's standpoint and concerns like it for their normal facilities. If you had a concern using a lot they might get water through wellt if the supply is sufficient. Most places can't supply an unlimited amount. You don't find a concern locating on a piece of land and then coming in and asking for 3,000 or 4,000 gal- lons of water a day. The concern, before they buy the land, would come to you and discuss the whole matter. Sewers, etc. we have in some areas done without. If it can be worked out, any concern likes to be on town services. Adams: We require sewer connections anyway. The way to handle this is to throw it on as an open meeting. Morey: Are you interested in some particular area? Wheeler: Two sites. The most ideal site has always been the Blackwell property; land around the rail track be- cause it offers everything which we consider is needed for a fully successful center. It offers rail, access to a cloverleaf on 128, it is a large area so the cost of development can be spread out over the area. Most companies do not use rail but they like the fact that it is available if they ever have to have it. It is a bargaining point with truck transportation. Very few concerns moving 1 1 Chairman: Wheeler: Adams: Wheeler: Adams: Wheeler: Adams: Chairman: Adams: Wheeler: Adams: 413 out on 128 are rail users. Aside from that area, we understand some people own parcels of it. The town owns about 90% of it all on tax title. I can find out the status of it. A long range, that is what we are interested in. It is in the present M1. You would beasking for changes in restrictions, but from a practical point of view until there is to be a change that would be easier to get into a cbmpletely hew area. We thought that land was still twv or three years: away from being able to offer to anyone as a unit. The other parcel of land is the Seabury land and that general location. We have had one company quite interested in it and is now pretty close to coming around to going into Waltham I am sure a company you would like to have had. It is essentially office buildings. One main reason they did not want the land was they did not want to go through the mechanics of a zoning' change. Avco has been interested in the site alas. We feel because of the sites location at a clover- leaf, because it is close to Bedford and Lincoln there can't but be a large demand in the next two or three years mostly by electronic firms and office concerns. You will not find the demand in Lexington the type of demand -we have had in Needham for instance. In Lexington you are in a key loca- tion although any place on Route 128 is good. Lexington is desirable from every standpoint for electronics and research facilities. It is near the Lincoln project and the airport. They like to be out on 128 for the prestige value and like to be able to get right on 128. That is one site we are very interested in. That would be your first site? Yes. From your standpoint we feel it would more likely be of interest because it is the other side of 128. We all felt it would be easier to sell over the other side. Anything on this side would be difficult. The majority of the lots should be ready in August for foreclosure. There are about twenty lots that will have to be started all over again. There must be hundreds of lots in there. From a standpoint because there are so many owners in there, we have been assembling land in Wak'field for a total of thirty-nine owners and it has taken two years now. Industrial commission, have you worked with that setup? 414 Wheeler: Adams: Wheeler: Snow: Wheeler: Woodworth: Adams: Snow: Chairman: Snow: Adams: Chairman: Wheeler: Adams: We have had land where the town has owned it and turned it over for a very nominal price. I question if in Lexington you would get a great deal of ob- jection from the people as a whole. There is al- ways someone thinking something is wrong when the town officials get control of a piece of land and then turn it over to one group. We don't find any of the owners are any more eager to sell to an in- dustrial commission than they are to an individual corporation. The site improvement does not stump you? No. We would not do the whole thing at one time. It is under eight feet of water now. I think in the long run the cost of developing a site like that will be warranted from the demand that will come to it. This rail location is quite a factor. When our land center in Newton is coltpleted there is not another site on 128 with rail from Needham up to this location. Then you have to go up north. There are two smaller sites in Woburn which have rail but they have no acreage. There is nothing available. This is one of the very few sites left on 128 offer- ing rail service and from an investment standpoint it is very important. If you had two pieces of land, one with rail and one without, you would choose the one with. Could Mr. Snow give us a preview of what this land use would be. Another area is from Waltham Street up to 128, more especially from Spring Street or that area, the Swenson farm, and the other side of Spring Street. I can hear screams. You would have 22,000 people on your neck for even mentioning it. You have considered on the south of Route 128? That is Watts Realty in Waltham. _None of it is in Lexington. I think anything south of 128 would be out. There are a lot of new homes in that area and it is the new people who object. The best possibility on re -zoning is in the area with the railroad. Last year it was turned down because of the type of business coming in and not on the land. That passed town meeting but was voted down by ref- erendum. The long range is what we are most interested in. This Swenson property is a key location. Five years ago when we changed the zoning law we had the other side of 128 included and it did not get to a vote. It was obvious it was hopeless. It would be easier to do something with the present area. The 1 1 1 415 Bashian Farm is not impossible. You will get some very strategic change in the, airport. There will be 600 houses going up. Wheeler: The reaction of the town would be you already have land zoned, why not let that get developed and then we will consider after we see what has come in the first instance. Adams: That is right. If we wentalong with re -zoning and your concern was interested you would supply us with all information re traffic and technical information which would have to be good. Wheeler: Before we presented any zoning application we would want to w ork out every utility with the town depart- ments such as water and sewer and get all the answers so there would not be any question at town meeting. We would not tell if there might be one or two or three very large buildings. We would not know the personnel. We find that the traffic moves in a hurry out onto 128 and fans into the highway. You get very little use of the town roads. We do have experience to go on now. We have figures on water consumption as to how much water is used per square foot in a building, things of that type; how much parking per employee, where the traffic does go. As far as our own protective restrictions - we insist that the buildings be of brick, truck doors have to be at the sides, at the rear of the building the land must have parking but not on the street. The front of the building is set back forty or fifty feet from the street and two-thirds of that must be landscaped. We also. control the signs. In Newton we made errors. Five years ago we could not tell any company to have twice as much land as building area. They were used to being in the city. In Newton we insisted on having twice as much land and there have been problems come up and we did give in on requiring so much land- scaping. We learned from that and went into Needham and applied more restrictions. Adams: Did you work with the town? Wheeler: `1'e had four or five meetings and olid most of the engineering work. You can only give these com- panies so many restrictions. Adams: Is it your opinion that there will be continued pressure from companies to locate on 128? Wheeler: We have never had the demand we have right now for locations on 128. We have concerns working with us beyond 128. They are getting onto the new Route 3 and 28, beyond 128, Route 9. Some concerns are even considering Framingham at the toll road and Route 9. 416 Adams: The town can afford to be a little bit selective. Wheeler: Yes. Adams: People think we are letting good business 'go by and are missing the boat. Wheeler: During the Fall many concerns did start to stop serious negotiations for a time. Since the first of the year it has picked up. There is very great demand now. Most of the demaul now is getting to be local concerns rather than national concerns. Many national concerns have leases in the city running out in 1959 or 1960 and they will wait until then before making a decision. The national concerns are used to locating out on m4jor highways. They were the First ones to come. Now the local concerns) because of competition by the national ones, are starting to make the move. Jaquith: Is there any objection to taking the major part of the restrictions which you hold in your deeds to im- pose them in a town zoning by-law? Wheeler: Most of the ones we would be willing to have as town restrictions if it is possible. The developer does need a certain amount of flexibility. We will give you our word to do something and do it. You can talk to the officials in Needham and find out how we have done what we said we would do. We would prefer, with our own restrictions, to have them in our control. The deed restrictions run with the property in a transfer of title. On the setback, we insist on fifty feet. In one or two cases there was a partic- ular problem because for some reason we had to give five feet or ten feet for a small corner of the building. The main idea of setback is to achieve an open appearance. Jaquith: Any objection to a minimum restriction? Wheeler: The people will want a minimum of restrictions over which the town would have control. We would like not to have any restrictions but we know that towns certainly should have protection. We would hope the town would have it if warmers not the developer. We would be very glad to have the town have considerable controls as to setbacks from streets, landscaping, off-street parking, etc. In Needham we say the land must provide parking area for cars. Adams: Do the Boards feel they have all necessary informa- tion? The next step is to rehash, this, go over it and see what we arrive at. Wheeler: I appreciate your coming. We would appreciate know- ing if you would be willing to go along, get the in- formation from us as to the type of building and con- cerns coming in if youwwo.uld recommend to the town, if we acquire a site, re -zoning. We understand CD con CL 1 1 1 417 there is always a question of the townspeople because of certain organized opposition. Adams: Anything presented to the Town Meeting, the case should be won before going in. You have to have a good plan and a sound plan before going into the Town Meeting. If you don't have every answer there is no use bringing it up. We see the need for taxable property. Wheeler: We do all our own facilities. It is just like a subdivision control. We would appreciate having your opinion as to whether we should go further. Any land we purchased would be subject to re- zoning. That is well recognized now by most firms. Chairman: On the Seabury and Bashian property it is for a con- cern to sell itself. I thought we were going to talk directly with Avco this morning as to what they had to offer for that particular area. Wheeler: We have been working with Avco and I am not at liberty to say what they are thinking. My own feeling is they have made another choice. Be- cause of the topography of the land it might be better suited to more than one concern. Adams: They did make a survey? Wheeler: A site Survey. Woodworth: If I was the cause of the confusion, I mentioned to Mr. Adams or Mr. Reed, or both, we would like to co-operate in any way we could. I also men- tioned, I am sure, that Cabot, Cabot and Forbes had their own individual relations with Avoo and beyond that they are interested in the total re- zoning factor. To my knowledge they have not settled on a place, but certainly we would like to promote it if they haven't. I don't want you to think that I meant to say Mr. Avco was coming to town this morning, Adams: I think I got that impression but I think we have had a very helpful discussion. The town moves slowly. The best procedure is to have your solid basic facts and do it right from the start or don't do it at all. Wheeler: I don't think you have suffered from being slow. We would like to explore if you would consider re -zoning. Adams: You, or shall we say developers, would consider the present area re -zoned as a top-notch area. Developed it could be a great asset, and would probably be of great financial benefit to the town. To get the full value it should be properly developed and not allowed to get into a lot of small buildings. Wheeler: Overall control is essential. /18 The meeting adjourned at 10:55 A. M. A true record, Attest: xeo1 tiv Cler , Select en. 1 419 SELECTMEN'S MEETING April 23, 1956 A regular meeting of the Board. of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 23, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Tucker, Mrs. Morey and the Clerk were present. Mr. Maloney arrived at 9:25 P.M. Mr. Gayer, Superintendent of Public Works, and Mr. Stevens, ,Town Counsel, met with the Board. The Chairman read a letter from Whitman & Howard re summary of bids received on April 16th for water works materials. In the matter of the cast iron pipe, the Warren Foundry and Pipe Corporation is the low bidder. Inasmuch as they were the low bidder and had Water works satisfactorily supplied the town with pipe in previous materials years, it was recommended that the pipe contract be bids awarded to them. In the matter of hydrants, the Public Works Sup- ply Company, who supply Darling hydrants, is the low bidder. Inasmuch as they were the low bidder and the town has more or less ttandardized on Darling hydrants, it was recommended that the hydrants be awarded to them. In the matter of gate valves and boxes, Hilco Supply is the low bidder, being about 410 below the second bidder, the Public Works Supply Company who fur- nish Darling valves. The Town has both types of valves_ in the water system._ Hilco Supply Inc., being the low bidder, and the owner of Public Works Supply Company, being a resident of Lexington, and the difference in the bids being only $10, there is not any great dif- ference which company is selected. Whitman .& Howard felt that the Selectmen should make the final decision. In the matter of tapping sleeves and valves, the Public Works Supply Company is the low bidder and it was recommended that the tapping sleeves and valves be awarded to them. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to award the bid for cast iron pipe bit the Warren Supply Company and to award the bid for hydrants, gate valves and boxes, tapping sleeves and valves to the Public Works Supply Company. Mr. Gayer reported that he came across a place Sewer where the town extended the sewer service across Cliffe betterments Avenue to the end of Drew Avenue. In so doing it was 420 found that the people on Cliffe Avenue had not been charged betterments. They never had sewer before and the sewer in Cliffe Avenue did not come up to the house. He is therefore changing the form of building permit re- quests so that they will automatically go to the Engin- eering Department and it will be put down on the back of the application so such cases will be caught automatic- ally. He asked if, in this instance, where the town put in a sewer service and the people are already connected to the sewer, they could be charged betterments having already been charged for the connection.• The name is MacDonald at 42 Cliffe Avenue. The Chairman asked how long ago the sewer was put in and Mr. Gayer replied about two weeks. He said after it was installed they found that there weze no better- ments charged. Mr. Stevens said that a betterment could not be put on. The statute gives something whereby a charge can be made for a connection. He said he would look this up and check the lawoon it. The Chairman read copy of letter to the Bedford 'Mosquito Board of Selectmen from the East Middlesex Mosquito Control Control Commission advising that the Commission agreed to accept the Town of Bedford into the project if the State Reclamation Board will so reconstruct the• dis- trict. The Board will hold a hearing on the matter at Room 423 State House at 3:30 P.M. on April 25th. The Chairman read a letter from Alexander Ritchie, Driveway at 44 Bridge Street, stating that when the street was con - 44 Bridge St. structed the contractor dropped it in front of his driveway approximately ten inches.• The driveway was then connected to the street with about three feet of asphalt, making it much steeper than it was originally. As a result the bumper and tailpipe of his car strikes the street. The Chairman explained that this is a condition the town automatically corrects but it was never called tot he Board's attention before. He said that he has already mentioned the subject to Mr. Gayer. Sidewalks Letter was received from James D. Dudley, 47 Parker Street, requesting the construction of a side- walk in front of his property. The Chairman explained that the Board has put in sidewalks where the property owner requested and for which they pay one half of•the cost. There are not too many such requests. Mr. James said that while the Board is discussing sidewalks, a resident of Merriam Street called his at- tention to the sidewalk at about number 20. 1 421 The Chairman said that Mr. Gayer has money to re- pair sidewalks, possibly under Street Maintenance. Mr. Gayer reported that there are a number of sidewalks that have not had any attention. Mrs. Morey called attention to the sidewalk.at the diner. The Chairman referred back to the request and said he would like to know how much it will cost before a decision is made. He said it should be determined whether or not there is enough money to do the side- walks that the Board has said would be done. Mr. James said that he thought the $25,000 ap- propriation should be broken down, see what can be done for that amount and then the Board will know how much money is left. Mr. Gayer said that he would have the State side- walk program in a few days. Letter was received from Martin L. Wertheim, to- SEWER gether with petition, requesting that provisions be CONNECTION made for property owners on Battle Green Road to con- nect to the sewer. The Chairman explained that the connections could not be made until the trunk line sewer is completed. He stated that when these people spoke to him at the Town Meeting he advised them to submit their request early although no action could be taken until the pro- ject was completed and funds provided in the budget. He said that Mr. Gayer could have an estimate of cost prepared so the people would have an idea of what it will be. Petition was received from John J. Shine, Jr., 11 Utica Street, signed by other property owners, renewing request for installation of sewer, and asking that•it be included as an item in the warrant for any Special Town Meeting. The original request was submitted with a request to have the street con- structed under the Betterment Act. The Chairman explained that the Board seldom does anything on etrebts or sewers at a Special Town Meeting, and said that both items would be considered when the budgets for 1957 are being prepared. Petition was received from Ralph J. Frissore, et al requesting acceptance of Webb Street from Woburn Street to Dunham Street. Mrs. Marey asked if the street is sewered and the Chairman replied in the negative, explaining that the town is just now going up there with a water main. Sewer Petition re: Webb Street A22 Mrs. Morey asked if it could be sewered and Mr. James replied that he did not think so. The Chairman said that the portion of the street mentioned in the petition does not include the swampy area. Mrs. Morey said that if a new development goes in,the sewer will have to be'installed and Mr. James explained that there is notrunk line near enough. Mr. Stevens said he thought the. developer could be made to put in a dry sewer and that means the town is morally obligated to put in a permanent one. Mr. Gayer explained that the main on Woburn. Street is only an eight inch and is too small. The Chairman said that it might be possible to go down back through the meadow to. the trunk. The Chairman suggested that Mr. Gayer make some notation whereby if a development is started the de- veloper will have to put in a sewer. The Chairman read a letter from residents on Wilson Road asking that the road be closed off at Wilson Road the school fence so that no vehicles could use the school driveway as a throughway. Mrs. Morey reported that the School Department -has four signs ordered to be placed at the entrances of th1 school property. She said after they are erected i will be a natter of police checking The-Chairnfan said that the Board of Selectmen had nothing todo with it that it was all.handled by the School Building Committee. Mr. Stevens asked if there was a driveway all. the way through and Mrs. Morey replied in the affirmative. She.said that pone provision had to be made for buses. The Chairman reported that people had called him about having the chain up because the street is accepted and they feel they have a right to use it. Mr. Stevens said that there is no accepted street that runs between and there is no legal right that they have to insist on the school driveway. Mrs. Morey explained that it is part of the school service to have a driveway for parents to call for and leave their children. She said she thought the signs would help. Mr. Stevens said that it seems to be a question of policy. Mr. James suggested opening the road at eight in the morning and closing it at three in the afternoon. Mrs. Morey said it seemed to her that the Board could tell the people it was figured this ---way in aohool planning to serve the greatest number. of children.and also tell them it was the Building Committee -that did it this way. 0 Cia 1 1 Mr. Tucker suggested that some publicity be given the subject in the Minute -Man. Mr. James mentioned that the Community Council is set up to take care of problems such as this involving the airport. The Chairman said that the cars could be stopped and the drivers interrogated as to where they are going to or coming from. In re possible improvements by the Lexington Field & Garden Club at the intersection of Hancock and -Revere Streets and Coolidge Avenue, Mr. Gayer is to submit some recommendations relative to curbing. Mr. Gayer reported that he has looked at the Cataldo land on East Street, Mr. Cataldo having asked the Board last week to remove loam on town land inasmuch as the street is to be widened some time. Mr. Gayer said he thought it would be much simpler to wait until the street is widened and remove -the loam then. The Chairman said that there is no immediate time for widening this street. Mr. Gayer siad it is costly to put equipment up there and he recommended taking no action. Mrs. Morey said that if this request is granted there will be others. It was the unanimous opinion of the Board that the Town should -not become involved. Mr. Gayer retired at 8:55 P.M. Copy of letter from the Division of Aoccounts to the Tax Collector re list of accounts due the town from Reginald Roberts, Deputy Collector, was received. Mr. Stevens said that he would write a letter to Deputy Mr. Roberts and the bonding company making demand for Collector's immediate payment of the unpaid amounts. accounts Mr. Stevens retired at 9:05 P.M. Mr, Grant B. Cole met with the Board, at the Board's invitation, to discuss Civil Defense. Mr. James said that Mr. Cole had tried to impress on the town during the last several years the neces- sity of having a Civil Defense organization. Hesaid he understood that there is a good communications group but nothing else. - Mr. Cole said he had a good group of auxiliary firemen but it is small.. Mr. James said as far as he is concerned, the directive order sent out by the Governor pointed out to him a little more the seriousness of the situation and he had a few gestions. . The order mentions three Cataldo req. re East St. Civil Defense 424 zones - evacuation, neutral and reception. He said he presumed Lexington is in an evacuation zone and Mr. Cole said that was correct. Mr. James asked what the local evacuation routes are and Mr. Cole replied they are 2A, L. and }yew 3. Mr. James asked if Route 128 was one and Mr. Cole replied in the negative. Mr. James asked what plans Lexington has for evacu- ation and if they were made by Lexington or by direction from theState. Mr. Cole replied there is nothing except approving the routes as chosen by the State. Mr. James said he presumed the reason for not hav- ing plans is that there is no evacuation organitation. He said the town needs two things; an organization well informed, signals and a public informed. He said we have done of those at the moment and Mr. Cole said he was cor- rect. Mr. James said tha• t Mr. Cole had made some effort in the direction of signals. Mr. Cole said he had ever since his appointment. Mr. James asked if he knows the type of signal he would like and the locations. Mr. Cole said he was asked that question every year and every year be replied that he knew the town needed something in the East Lexington area, that there ekiocad be a powerful siren on the main Fire Station and a siren somewhere around.Kinneents pond area. He said. the Woodhaven section should be taken care of and now there is the Sun Valley area. Mr. James asked if he had discussed this with the Fre Commissioners and Mr. Cole replied that he did originally when he brought in the general plan which included a few hand sirens; as far as actually placing them, no. Since the last Town Meeting he talked to one of the Fire Commissioners and they are going to submit their ideas. He said this would have to be gradual so they would know what they are doing. He would like to put the warning first. Mr. James asked if it would not be fairly si• mple for someone to lay out a plan and locate the correct number of signals and the type. Mr. Cole said that he was originally referred to Louis Bills and the plan was based on his estimate of the cost of what would be necessary. Mr. James asked if the report gave the exact lo- cation or just generally and Mr..Cole replied that it was general. The Chairman asked if any consideration had • been given to locating sites on all of the schools and Mr. Cole replied in the negative. .He said it might be a thought with less powerful sirens that he spoke of. 1 425 Mr. James said that there is some type of signal that can be put on utility poles with the fire alarm boxes. He said the fire boxes are located fairly close together and the signals might be tied in with the fire signals. Mr. Cole said that the Superintendent of Schools complained that they could not hear the.'one teat which was run. Mr. James said that the town needs a good warning system, an evacuation organization and an informed public, and he would like to have a plan for getting these. Mr. Cole said that whoever is Civil Defense Di- rector, he will need backing from the Board to get 00 - operation of the Department heads. The present plan at the moment for Lexington is an audible signal. The in- structions have been out for three weeks. He said that perhaps the Boy Scouts could distribute them but -if people cannot hear the signal, the instructions are of no value. He said that as far as Lexington is concerned the word is GO. • Mr. James asked if there were a plan or if every- one just starts and goes. Mr. Cole said that was it at the moment. He said if the town could provide means for the people to know, the plan could be made up. He said they could not be reached by door to door, Mr. James said they all recognized the need for the warning signal, and there is some money, whether enough or not he did not know. He said he wouldlike Mr. Cole to come in and recommend the number and type of signals and locations. Mrs. Morey asked how much of an organization was working at the moment end Mr. Cole replied that it is mostly on paper. Mrs. Morey -asked how long it has been since alt attempt to organize was made and Mr. Cole replied about two years. He said that the signals will by far. be the mast important. Mr. Maloney asked if there were an Assistant Di- rector and Mr. Cole said he had one good man but he told him that if anything happened, he was going to head for Maine. Mrs. Morey asked how often the communications group met and Mr. Cele replied they meet every Sunday night. He does not attend all the meetings but they bring their problems to him. Mr. Maloney asked if Mr. Cole could get one•or two people to work with him or if he thought the Board should get them. Mr. Cole said he would like the Board to get a little bit of co-operation from the Police Department and have an officer in charge of the Civil Defense 426 Allen St. police. He said he thought the Fire Coissiohers would be in on the Fire Department. Mr. James asked if Mr. Cole's first recommendation was signals and second an informed public, with the or- ganization as such not so important. Mr. Cole said it is not in this town. The sound tells them to go. The phairman said that the purpose of the meeting this evening was to find out how much the sirens.will cost. He said that if there is a definite figure the chance of passing at Town Meeting will be better. Mr. Cole said that there is another test coming up June 21st or 23rd.. " The Chairman asked if Mr. Cole could come in and tell the Board the number of sirens, the type and lo- cations. o- cations. Mr. Cole said that he has asked the Board of Fire Commissioners to make their recommendations because he is not a sound expert. Mr. James said that for his own satisfaction he just wanted to know more about the subject. Mr. Cole retired at 9:45 PAM. The following individuals met with the Board: Mr. and Mrs. Henning Swenson, Messrs. Adams, Jaquith, Hathaway, Burnell, Grindle, Martin, Abbott. and Snow. The Chairman explained that Mr. and Mrs. Swenson were present. on the subject of relocating Allen Street. He said that the Board held a hearing and at the time the road was forty feet wide. However, the Planning Board wanted a fifty foot street and that is why it was not presented to the Town Meeting. The Board does plan to include an article in the warrant for a Special Town Meeting for relocation and widening. He.aaid he would like the Planning Board to explain to Mr. Swensen why they wanted a fifty foot street. Mr. Adams explained that the Planning Board has in- sisted on fifty foot roads where there are main roads, going to be more than just a side road. He said they desire a fifty foot taking even though a twenty-four foot pavement is built at the beginning. He said if it is a through road or picking up traffic it would have tp be widened later and the town should have the land, and not be in the position of having to take it, at a later date. He mentioned that there is a large area of undeveloped land on Allen Street and it ,is also a road leading to Route 2. He said the Planning Board feels that it is important to make this a fifty foot street and the land taken before it is built. He explained that if the town has to take if after houses are built, it will be very expensive. sal 1 427 The Chairman asked if the Planning Board felt, on the fifty foot, if there should be a sidewalk within the fifty foot taking at the same time the street is con- structed. Mr. Adams said it will be a main street and the sidewalk should be done at the same time. Mr. Swenson said that he did not know this would be a main street. Mr. Adams explained that there is a lot of unde- veloped land and there will be streets leading off that. The Chairman explained that it will not be made a main street but it will eventually become a main street. He said that the Board feels the taking should be wide enough so that in.the event houses are built it will not be necessary to take land at a later date. He said there would have to be water installed and a sidewalk con- structed. Mr. Swenson said that with the large lots there won't be many houses. The Chairman asked if Mr. Swenson had any questions and he asked how near the road would come to his house. The -Chairman said that it would have to be laid out and then Mr. Swenson could meet with the Board again and see if it meets with his approval. He said that the Board would have to hold another hearing before action is taken by Town Meeting. Mr. Swenson said that would be fine. He said he talked to Mr. Carroll who will go along with him if the stone wall is put in. The Chairman said that the Board would get in touch with Mr. Swenson later. Mr and Mrs. Swenson retired at 10:00 P.M. . Mr. Adams explained the appointment requested this evening because the question of sidewalks came up in Town Meeting this year. He stated that for some time the Planning Board, in its sub -division control rules and regulations, has had the power to compel the subdivider to put•in sidewalks. Up to this point that power has not been used, but it is going to become a pressing problem. The Planning Board feels that in some of the roads, to be used by school children, that it should insist on side- walks on one side if not both sides. . He said that if both Boards follow the same. policy it will be better for the town and if the Selectmen will insist on sidewalks at the same time the streets are ac- cepted, it will fall in with the Planning Board's policy. The Chairman asked if Mr. Adams was talking about sidewalks on unaccepted streets, for instance, Utica Street and Webb Street have petitions in for acceptance. He asked if sidewalks were to be required whether needed or not. gAL Mr. Adams said that 13 something that would have to be worked out. Mrs. Morey asked how betterments would be charged.. Mr. Snow replied that the subdividers are required to pay the entire cost. Mrs. Morey,asked if, on unaccepted streets, both sides would pay for the sidewalk. The Chairman said that the people whose property it goes by have to pay. Mr. James said that the theory is that the particu- lar property being benefited isthe property on the side where the sidewalk is constructed. The Chairman said that possibly it could be in- cluded in the total cost of the street. Mr. Adams.said that if a subdivider is required -to put in a sidewalk and the subdivision comes into an ac- cepted street where there is no sidewalk half of the purpose is lost. Mr. Jaquith asked if the Board.could get an over- all picture from the Selectmen and the School Committee if there should be sidewalks on both sides if it should be left to the discretion of the Planning Board. The Chairman explained that this is.the first-year there has been such an appropriation for sidewalks. The Board has not gone into a study as to whether they should be installed on one side or,both sides. He said that in many instances they will have to do only,one side and get as much done as possible for tie $25,000. He said he thought the Selectmen should study this more and that the Planning Board, in conjunction with the School Committee, should study it.and submit recommenda- tions. The. Selectmen could then decide. on whether side- walks are to be installed on one side or both sides. Mr. Adams mentioned that there will be 200 or 300 houses erected on the Lidberg farm. The Chairman said that the town might be willing to appropriate more money for.sidewalks ir it could be pointed out that there is a substantial saving to the town by requiring subdividers to put,in sidewalks. Mr. Jaquith asked if the Board considered granite curbing. The Chairman said that the Board asks for curbing each year. Mr. Jaquith asked if it were for sidewalks and the Chairman replied that the previous Boards felt curbing should be provided for permanent sidewalks. He said .that the coat is about $4.00 a foot for granite curbing. Mrs. Morey said that she was concerned about the betterment charge. The Chairman said that the Board has been assessing betterments on permanent sidewalks, but not where there is no permanent sidewalk. 1 429 Mr, Adams said that the Planning Board was not ask- ing the Selectmen to make a decision this evening. He asked if the cost of the sidewalk could be included in the total cost of the street construction. The Chairman said that he would like to ask Town Counsel for a ruling on that. He said that the sidewalk goes with the property it abuts. ¥r. Adams said that the next ,item to discuss brief- ly is House Bill No. 836 and he presented each member of the Board with a copy. he explained that it is an House Bill attempt to set up a regional planning body which would 836 have a representative from every city and town. He said that the Planning Board discussed the Bill somewhat last week but did not vote or take a definite stand on it. He said the Board's attention should be called td it because of the added cost to the town if it goes through. The Chairman asked if the Planning Board was going to oppose it and Mr. Adams replied that it has not gone that far as yet. Mr. Adams said that the nest item is Redcoat Lane. • Mr. Snow said he would like more details as to what the questions were in regard to drainage. Drainage The Chairman said that drain was dropped in the middle of two lots and the water goes all over the prop- erty. The Board thought the contractor could be held, but in looking over the plan there is nothing on the plan for the drain. He said it was left with Nr,.. Gayer to find the best solutiin to drain the property and then get an easement to have the street accepted. Mr. Snow said he thought the contractor would be very glad to clarify the situation. He said that sec- tion 3 of this road, although not on record,, shows a connecting drain. The Chairman said that there are two manholes but nothing showing where the water was going after it casae out of the manhole. The drain is there but does not show on the plan. The people want it extbnded to at least the end of the longest let to where the brook is. Mr. `dams said that there may be an opportunity to take care of it when the developer comes in with section. 3. He suggested that it be left with the Planning Board to find out what can be done with Mr. DiCarlo. Mr. Adams said that the last item for discussion is Ml. The Chairman said that two members of the Board of 430 Selectmen were not present at the hearing this morning and they should have as opportunity to read the minutes. The Planning Board retired at 10:30 P.M. Letter was received from the Board of Fire.Com- Deputy Fire missioners relative to a more constant surveillance of Wardens burning in the town in an effort to cut down the num- ber of grass fires. The Chairman said he assumed the Commissioners were referring to appointment of Deputy Fire Wardens, and it was agreed to invite Roy Cook, Fire Warden, to meet with the Board and discuss the subject. Upon motion of Mr. Maloney, seconded by Mr. James, Permit , it was voted to grant permission to the First Parish Church to use an amplifier outside the building for - the purpose of making announcements and providing mushi in conjunction with a fair to be held on May 5th. Mr. Maloney reported that Father. Murphy contacted him relative to the damage to the lawn at the Sacred Damage by Heart Church on April 19th. He said he was going to horses ask Mr. Brenton to replace the sod and fix the lawn. Ths Chairman explained that the damage was caused by horses owned by John Brucchi. He was not invited to participate and was not part of the parade. Mr. Tucker asked why Mr. Brucchi should not be responsible. Mrs.. Morey said that the damage should be referred to Mr. Brucchi before anything is done by the town.. Mr. Tucker reported that Richard Soule,.l6iHancock Zoning Street, has a sign 2? x 3' advertising his contracting business, The Chairman said that he would speak to Mr. Irwin, Building Inspector, about the sign, which is a zoning violation. The meeting adjourned at 10:55 P.M. A true record, Attest: x IDA 1 SELECTMEN'S MEETING April 30, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 30, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. -Stevens, Town Counsel, and the Clerk were also present. Mr. James J. Carroll met with the Board for the drawing of two jurors. Otis N. Minot, consultant, 22 Eliot Road and Alma F. Spiers, Office Manager, 195 Lowell Street, were drawn for jury duty. Mr. Carroll retired. Mr. Stevens presented plans of the proposed sewer in its relation to land owned by Mr. and Mrs. Lloyd, 202 Cedar Street. It was his recommendation to aban- don the original taking and he explained that anyone looking up a title would see the abandonment and then look at the new plan. He said that the steps would be to abandon the present taking and make a new taking. If the instruments are signed this evening, he would record them tomorrow and draw a confirmatory grant and release of damages. In the grant there will be a right of way for a period of one year. Mr. James asked if the reason for the right of way was for construction purposes and Mr. Gayer replied in the affirmative. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to abandon and release to the lawful owners or those claiming under them, all right, title and interest acquired by a taking of Parcel 3 and in 15 foot strips adjacent to said Pareel 3. Said order of abandonment recorded on May 4, 1956 as instrument No. 388. (Copy of Order in Selectmen's Files, 1956 under Sewer Orders) Upon motion.of Mrs. Morey, seconded by Mr. Tucker, it -was voted to sign an order of taking for sewer easement across the Lloyd property on Cedar Street. Said order recorded on May I, 1956 as Instrument No. 389 and the plan refer'ed to therein -was recorded at the same time as Plan No. 681 of 1956. (Copy of Order in Selectmen's files, 1956 under Sewer Orders). 431 Trunk line Sewer Lloyd property Abandonment of sewer easement (Lloyd) Sewer Easement (Lloyd) 432 The Chairman read a letter from the Town Aocoun- Captain Fisk tent advising that Captain Howard Fisk, Fire Depart - pension ment, who died in the line of duty while fighting a fire, was not a member of the Contributory Retirement System. Therefore, any action in regard to a pension. to his widow must originate with the Board of Selectmen. Mr. Steens explained that the widow would have to make application to the Board and the maximum she could receive would be $1500 per year. He stated that the amount, if established now, could be_ehanged. It was agreed to take no action on. the subject until Town Counsel has had an opportunity to check it further and prepare necessary application for Mrs.. Fisk to sign., The Chairman read a letter from Mrs. Florence Bernier re Liberty Bill copyright. According to the Copyright Office in Washington,. D. C., the Town Cele- brations Committee could only copyright. the drawing of the Minute Man if an original.: Mr. Stevens recommended that the Board take no action until after the final meeting of the Committee at which time he understood the subject was to be dis- cussed further. The Chairman read a letter from John L. Ennis Theresa Avenue, relative to tax title lots 152 and 153 on Theresa Avenue. Mr. Ennis claimed that a Porter family at #32 Cliffe Avenue has been using the land for a combined car park and automobile re- pair shop, which makes it difficult for her to sell his house. The Chairman was authorized to request the Building Inspector to submit a report before writing a letter asking to have the nuisance abated. Mr. Gayer said that he would like to discuss the dump. .He said he.would do whatever the Board wanted, he did recommend discontinuance of picking. He re- ported that the situation is bad on Saturdays and Sundays. He also asked what hours the Board wanted the dump to be open. He said that when it isnot . open the gate should be closed and people should be stepped from going in and when it is open a care- taker should be on duty at all times. As it is now, the town is paying a man for only forty-four hours. . The Chairman said that the dump attendant would have to be paid overtime.or else someone else would have to be hired. He said there is no use in putting up a fence unless there is an attendant on duty. Complaint bump 214. but 1 Mr. Tucker felt that people would dump even if the dump is locked, and Mr. Gayer said that it would be necessary to have the police make a few arrests. Mr. Gayer suggested running a cast iron pipe in to provide water so the attendant could extinguish some of the fires. Mr. Maloney suggested, and the Board agreed, hav- ing a survey made and registration numbers taken of cars. going into the dumpbetween 7:00 A.M. and 9:00 A.M. and between 6:00 P.M. and 8:00 P.M. Mr. Tucker recommended having the subject com- pletely reviewed, make all changes at one time'and give it ample coverage in the Minute -Man. At 8:45 P.M. Mr. Maurice Gagne met with the Board. He said that there is a lot of pressure being brought on the veterans: He was present this evening as a representative of the veterans of the Town of Lex- ington and it seems that the Veterans' Library had Veterans' never been dedicated. The veterans want to arrange Memorial to go before the School,Committee, through the Select- Library men, and have the library dedicated within a reasonable time. The veterans also want to know “When it is pos- sible for anyone to go into this library. He said that some Gold Star mothers have tried to go in but were unable to during the day because school was in session and it is closed nights, Sundays and during vacations. He said that the veterans feel the records of the men both living and dead should be available. If they cannot be seen, they are in the wrong place. The Chairman explained that the Board of Selectmen has no jurisdiction over the schools and he stated that the memorial should be dedicated. He stated that at Town Meeting everyone knew that the school would not be open during the summer and he thought that was one reason the veterans asked to have another memorial in front of the Cary Memorial Building. He asked if it was Mr. Gagne's idea for the Selectmen to make an ap- pointment with the School Committee for a group of veterans. Mr. Gagne replied in the affirmative and said there would be three veterans attend the meeting. He said they feel the Selectmen should intercede because they are the governing body. The Chairman said that he had no objection to ask- ing the School Committee for a meeting with the veterans but personally, he would, if it were he, request the appointment himself, Mr. James asked if the veterans had tried to see the School Committee and'Mr. Gagne replied in the negative. 434 Mr. Tucker said it seemed to him that the veterans should request an appointment themselves and if it were not granted, then the Board of Selectmen could contact the Committee. Mr. Gagne said he was open to suggestions. The Chairman said that the School Committee, never having been asked for an appointment to discuss the subject, might be. upset at the Bm rd's interference. He said he could.see no reason_ why they would not make an appointment to see the veterans. Mrs. Morey explained that when the library was being finished the committee made every effort to hare every- thing completed, including the memorial book, in time for Memorial Day. The library committee was notified and it was assumed that someone would take over any dedication. She explained that .the school building committee had done all that was requested and that is where it ended. She said that, inasmuch as no formal dedication has been made, it would seem better to wait now until the present construction was completed. Mr. Tucker said that if the veterans suggest that it be dedicated now, it will draw attention to the fact that it was overlooked two or three years ago. If they wait until the building is completed, it could very well be done then. Mr. Gagne said he would like it for Memorial Day but if the school is not complete, he would not want people going in there. .The Chairman said he thou<. the Board felt Mr. Gagne should go to the School ommittee first and Mr. James said that was his feeling. a said the veterans should request. an appointment' with the School Committee. Mr. Gagne said he would go along with that. The Chairman said that if he were unable to make an appointment, the Selectmen would then be glad to talk things over and arrange a meeting. The Chairman asked if any plans were being.made for Memorial the observance of Memorial Day and Mr. Gagne replied Day in the affirmative. He aaid he would see that the Board received a program. Mr. Gagne retired at 9:00 P.M. Chief Engineer, Roy A. Cook met with the Board. The Chairman explained that the Board would like to discuss the subject of Deputy Firs Wardens. • He said, unless he was mistaken, at the moment he was the only Forest Warden. z C") Sad 1 1 460 Chief Cook said that was correct and his officers act as deputies when he is not available. Deputy Fire 'The Chairman explained that the Board felt there Wardens should be a good number of deputies who, under the Forest Warden, would have the power to stop people from burning around town, that is, more -efficient coverage than the town now has. He said not only members of the Fire Department should be appointed deputies but Others as well. He said the Board would like a little more enforcement as far as starting fires in concerned, Mr. James asked if the Chief thought Lexington was any worse off than other towns in regard to the number of fires and he replied in the negative. He said Lexington was not as bad as Waltham or Arlington. Mr. James said he checked a week ago yesterday, the day Lexington had so many fires, and Arlington had 13, Watertown had two, Bedford had one, Concord had one, Waltham had five and two or those were mutual aid to Lexington, and two of Arlington's were mutual aid. He said on that day Lexington was worse off by far. Chief Cook said on that particular day Lexington was busy but the next day the other towns may have been busy. He said he was only too glad to co-operate. Mrs. Morey asked how many people called for permits and Chief Cook replied some days there is a larger num- ber than others. He said a record is kept of all the calls and permits granted, but many people do not realize a permit is required. Mr. Maloney asked how many people who have permits cause trouble and Chief Cook replied that there are a very few. He said it"is the people who do not call for a permit that cause the trouble. Mr. James asked what could be done about people setting fires and causing trouble. Chief Cook replied that they can be taken to o ourt and minimum fine is $5. He said he thought better results were obtained by talking to people. Mrs. Morey asked if the police could be appointed Deputy Forest Wardens and Chief Cook replied that on real bad days he does call the police and ask the men in the cruiser to check anyone burning. He has not deputized them. Mr. James said he would like to.see this entire story written up in the Minute Man, that something is being done about fires, that there are deputies and under what conditions people can burn and can't burn.. Chief Cook said that he has sent post cards out in regard to burning. The Chairman asked if the Fire Commissioners had any power and the Chief replied that they could stop anyone from burning if they wanted to. 436 Gas main Gas main Mr. James asked if the Commissioners had any authority and Chief Cook replied in the negative. The Chairman asked if it would be wise to appoint the three Commissioners as Deputies. Chief Cook said he would be glad to appoint them if they want it but he did not think they would care to be deputies. The Chairman said there should be someone to help the Chief out and he had no particular suggestions as to 'Who that might be. He said they should be deputized and their names published in the paper. Mr. Tucker asked about burning in incinerators and Chief Cook explained that an incinerator is classified as an outdoor fire and the State will not give speci- fications as to what an incinerator is. He said with him it is just like an outdoor fire and on windy days he will not give a. permit. He said permission must be obtained each time to burn in an incinerator. The Chairman mentioned appointing deputies from different sections of the town and Chief Cook said he thought it would work out very well. The Chairman said that the Baird would like the Chief to appoint quite a few deputy fire wardens, give them badges and print their names in the paper. Mr. James asked about burning open lots and the Chief replied that his department does it weekends if the weather is right. Mrs. Morey asked if it would be possible to have some of the deputies acting by this weekend and Chief Cook replied in the affirmative. He said he could have the list for publication this week. • Mr. Maloney suggested appointing the 8ommissioners and said he thought they would like it. Chief Cook retired at 9:20 P.M. Letter was received from -the Mystic Valley Gas Company rerlative to a proposed location for a six inch gas main in Simonds Road. A second letter was received from the Mystic Valley Gas Company relative to a proposed location for a six inch gas main in Lowell Street, East Street, Coolidge Avenue and Adams Street. Upon motion duly made and seconded, it was voted to grant the applications, the installations to be in ac- cordance with requirements of the Superintendent of Public Works. Sewer Petitions were received for sewer connections from connections residents on Paul Revere Road, Revolutionary Road, Mas- sachusetts Avenue and Minute Man Lane. 1 No action can be taken until the installation of the trunk line sewer has been completed but an item will be included in the 1957 budget to be considered when appropriations are being prepared f or'presenta- tion to the_Annual Town Meeting in March. Letter was received from Howard H. Dawes, together with petition requesting an amendment to Article 51 of the Annual Town Meeting whereby Ivan Street would be constructed at the northwesterly end for a distance of approximately 300 feet, • The Chairman explained that the Board agreed to bring this up at another town Meeting, that no further funds are needed and it could be handled at a Special Town Meeting. The Chairman read a letter from Ernest J. Corrigan, 11i.5 Pleasant Street, requesting removal of two trees Trees at 80 North Hancock Street which are in the direct en- trance to a proposed street that he plans to develop. Mr. Gayer recommended no action until the subdivi- sion bas been presented to the Planning Board.' Mrs. Morey said t hat the trees will have to be re- moved when the Street is widened. It was agreed to defer any action on the request Until the Planning Board has had an opportunity to consider the subdivision. Mr. Gayer referredto Mr. James Dudleyrs request for a'Sidewalk in front of his property at 47 Parker Sidewalk Street and reported that it will cost Mr. Dudley ap- proximately $95.00 for blacktop. Mr. Gayer said that he had another request for a sidewalk on Berwick Road which was promised last Fall. It is on the corner of Berwick Road and Meriam Street and he called the house to find out just where the sidewalk was to go but there was only achild at home. He said it is the only portion in the area not paved. The Chairmaai said that the Board agreed Vo do it and money was Already appropriated. Mr. Gayer referred to 5_::. the intersection of Hancock and Revere Streets and Coolidge Avenue and said that Traffic he has discussed the subject with the Town Planner and circle they both feel that, in the future, a rotary would be desirable at this location. If the Board so desires a complete study will be made. The Chairman said that apparently Mr. Gayer was not recommending any 'action by the Field add Garden Club and suggested advising them that the town is about to 4'7 Iran Street Sidewalk 438 make a traffic study to determine the feasibility of a rotary, in which event the plot would be cut down to some extent. It was agreed not to consider installation of curb- ing at this time and to have Mr. Gayer make a more ' complete study relative to a rotary. The Chairman reported that the Chief would like the Traffic study Board to appoint a committee, including himself and committee Mr. Gayer, to make a thorough study of one-way streets. It was agreed to have Chief Ryeroft, Mr. Gayer and Mr. Snow as a coMmittee and if they find it advisable to enlarge the commlitee, the Board will appoint some- one. Webb Street Mr.`Gayer reported that he had made a study of sewer Webb Street regarding sewer facilities and there is no way to sewer the street with existing facilities. Mr, Gayer reported that he received a letter from Extension of D'Alessandro requesting an extension of time of coni- Contract No. 1 pletion on Contract No. 1 to June 30th. The reason for the request is predicated on the manydelays and difficulties encountered over which he had no control. Mr. Gayer explained this contract is for sewer and drain work in various places around town and recom- mended that the extension be granted. Upon motion of Mr. Maloney, seconded by Mos. Morey, it was voted to grant the request and extend the date of completion on Anthony D'Alessandro & Sons' Contract No. 1 to June 30, 1956: Loam Mr. Maloney said that he would like to dideuss loam Hastings for the Hastings School and read an excerpt from the School contract whereby the contractor is obligated to buy and furnish the loam. ' It was agreed to have Mr. Charles Cole, the archi- tect, Mr. Tocci the Contractor and Mr. Burns, former Suptt. of Public Works, meet in the Selectmen's Room some day to discuss the subject. Mr. Gayer retired at 9:55 P.M. Mrs. Morey reported that she spoke to Mr. Carroll Voting about the possibility of using the Public Works Build- ing for Precinct Fine voting rather than the Parker Scheel. Letter rias received from David F. Toomey, on behalf of the Veterans of Foreign Wars, requesting permission to conduct their Annual Poppy Drive on the evening of 1 May 24th and all day May 25th, Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the request. The Chairman read a letter from Walter Channing, Inc. stating that they have recommended to the Aveo Manu- facturing Company that Lexington would be a location for their new plan. The Board gave further consideration to Mr. Salvator Ciecariello's offer of $2200 for lots 30 and 31 Hill- Tax title crest Street, Lexington. A proposal to sell these lots property was advertised in the April 26, 1956 issue of the Lex- ington Minute -Man. As a result of the advertisement, letter was received from Frank A. Yeomans, 956 Massachusetts Avenue, Lex- ington offering 0.050 for these two lots. Upon motion of Mr. Maloney, seconded by Mr, James, it was voted to sell and convey lots 30 and 31 Hillcrest StreetLto Salvator Ciccariello, 4 Skeban Street, Somer- ville. 439 Poppy Drive Avco Zoning Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the following licenses: Lexington Theatre Concord Hi11Aarket Village Variety Store Theron H. Gaugh Benjamin W. Berman Vernon S. Rivet 1794 Mass. Ave. 2219 Mass. Ave. 93 Mass. Ave. 451 Concord Ave 13 Mass. Ave. 135 Burlington St. Bedford Sunday Movies Sunday Sales Sunday Sales .Peddler Junk Collector Junk Collector Licenses The Chairman reported that he received a call from Charles E. Ferguson, Moderator, relative to the ap- Committee pointment of a member from the Board of Selectmen to serve on the Scheel Sites Committee. Mrs. Morey said that if the Moderator had to have a Selectmen on the Committee, she would be willing to rep- resent the Board. Uponmotion duly made and seconded, it was voted to re -appoint William P. Fitzgerald a member of the Board Appointment of Fire Commissioners for a three-year term expiring May 1, 1959. It was unanimously agreed to send a letter of com- mendation and appreciation to the Town Celebrations Committee for the time and effort involved in pre- 440 paration of the program for the observance of Patriet's Day, Apri1`19, 1956. The meeting adjourned at 10:25 P.M. A true record, Attest: �aceutiy� Secr=tary C.) CL 1 441. SELECTMEN+S MEETING May 7, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office -Building, on Monday evening, May 7, 1956 at 7:30 P.M. Messrs. James, Maloney, Tucker, Mrs. Morey and -the --Clerk were present. Mr. James was Chairman for the evening. Mr. Staley and Mr. Vielfelt, representing-Techbuilt, Inc. and Mr. Nylander met with the Board to discuss in- stallation of sewers in the northwest part of town. The Chairman explained that the .'card had con- sidered.sewer in that particular area for the recent Town Meeting but after the estimate had been figured Techbuilt as to what it would cost to get the trunk line over re: sewers there to service the few houses it would serve at the time, the Board then decided it was just too expensive at this time. Mr. Staley asked what was meant by a few houses and the Chairman said that there were twenty-six, not all of which could have been served at the time. Mr. Staley said that would mean the people on Robinson Road now are not served by a sewer line. The Chairman said that was correct; they are not included. He said the Board was considering only the houses Techbuilt was building because there had been no complaints. Mr. Staley said he has to charge people $500 or $600 for an adequate septic tank and asked where he would go from here - what -could he expect. The Chairman stated that several years ago when the residential land was rezoned into larger lots, one reason was to provide adequate space on a lot to have a septic tank work satisfactorily. Mr. Staley asked if it would -cost more than $500 a lot to put the sewerage system in. The Chairman replied that he could answer that only by relating his own experience. The sewer betterment was about $700 for his lot, based on frontage and it was 165 foot frontage. Mr. Staley said that would be almost $30 a front foot. • The Chairman explained that it is about $3.00 a front foot. Mr. Staley asked if the Board felt it was better for the people who will be building to spend the money 4 2 for septic tanks than it would to have the town pkat in a sewerage system. The Chairman stated that the Board does not feel it ie better but there just isn't any money at the moment to put a trunk line up there. In the long run it is better to have a sewer line. Mr. Vielfelt said that there are more than twenty- five lots up there. Mr. Staley said that there are another hundred. The Chairman asked if the plan had been approved and Mr. Staley replied that this has not yet been ap- proved. He said that there is a second and a third section. The Chairman explained that the trunk line the Board.was considering this year would be parallel to Route 128. That will take care of only a limited number of houses. Another trunk line will then be necessary coming from the Eldred Street area and hit- ting the low point on Grove Street. Mr. Nylander said from his general knowledge of the area he did not disagree. He said it is a fact that it would have to be split, one around Robinson Road and there is a divide; the next being serviced"from the other way. Of course the final analysis, speaking neither for nor against the trunk line, would be in a position to serve the upper part of Grove Street. The Chairman said that is the most attractive. Mr. Staley aaid that there would be an assessment for anyone to have a sewer lateral and asked about the trunk. The Chairman said that the trunk line is put in at the town's expense. In developments, the developer is required to put in his own laterals at his own ex- pense if a sewer is available. If it is not available but comes in at a later date, the property owner is assessed on a frontage basis for the lateral. Staley asked if the trunk near Route 128 would serve them best and Mr. Nylander replied that it would on the first section. The Chairman explained that the estimate on the trunk to come over to the point on Robinson Road was $88,000. Mr. Staley asked where it would begin and the Chair- man explained the location on the wall map. Mr. Staley said that it looked to be $15 or $20 a foot and the Chairman said it was in that order. He ex- plained it would be a twelve or sixteen inch main. Mr. Nylander said that the increase in size of pipe does not mean much. Mr. Staley asked if it would require an additional pumping station and the Chairman replied in the negative. 1 Mr. Staley said from Techbuiltts point of view it would be nice to say they have water, storm drain and sewer, but it would mean, instead of saying you have to pay X number of dollars for this lot, you have to pay X number of dollars plus sewer for this lot. He said he charges the customer for the septic tank so it is nothing out of his pocket. He said he could not see where Techbuilt would have any interest in the sewer line. The cost is much too high for the time being. He said they have to figure between $500 and $600 for an adequate septic tank, Mrs. Morey asked if Techbuilt was putting in dis- posals and Mr. Staley said that in most of the houses they are. Mrs. Morey said that might cause trouble with septic tanks and Mr. Staley said'that the size of the septic tank is a small item in the price. He said it will cost his clients about $105 every five years to have the apptie tanks cleaned out. Mr. Staley said the tenure is that it is not worth ramming a sewer system out. The Chairman said that there is only one possibi- lity. The Board has been considering a road across over to Grove Street. If that road is put in, in the near future,water and sewer should be put in the road at the same time. Mr. Staley said if the entire area up there de- velops quickly, the town might find it expedient to put a sewer in. The Chairman said if an area is developed and it becomes a health menace, the sewer would have to be put in. He said there are so many areas in town so badly in need of sewers that is where they are being put in. Mr. Nylander said that there is a time element. Even if Town Meeting votes it, it will be a year or two before it is -started, Mr, Staley said his septic tanks are built very well. The group retired at 7:55 P.M. • Mr. Stevens, Town Counsel, and Mr. Gayer met with the Board. The Chairman read a report from Donald Irwin, Building Inspector, relative to complaint received last week from John L. Ennis that town -owned lots 152 and 153 on Theresa Avenue were being used as a combined ear park and automobile repair shop. Mr. Irwin investigated and found that there are three unregistered cars in various stages of being dis- mantled on the lots and two unregistered cars parked on Fottler Avenue. All the cars are owned by members of the • 443 Complaint 4.44 Thomas J. Porter family of 32 Cliffe Avenue. Mr. Stevens said that, inasmuch as it is town land, he would think the police could request the owners to clear the junk and cars off the lots and that they should also investigate the matter of the ears parked on the street all day and night. Petition, dated April 26th, was received from residents of Carville Avenue area requesting removal Complaint of an unfinished building located at the corner, of Carville Avenue and Banks Avenue. On March 19th the Building Inspector wrote the owner because of complaints he received and stated that an inspection showed the building to be a defi- nite hazard. A building permit taken out in'1948 expired. Unless a new permit was taken out and the building made safe, he would assume the building to be abandoned or demolished. Mr. Stevens said it appears to be private property and he does not know of anything the town can act on. He suggested that the Board acknowledge the letter and request Mr. Irwin to submit more current informa- tion. He will then discuss the subject with him. The Chairman read a letter from residents of Hayes Lane requesting reconsideration of their vot- Voting ing precinct which is now in Adams School. precinct The Chairman said that the precinct boundary lines had to be drawn in the center of the streets, wherever possible, and regardless of how the lines are drawn, there will always be some voters who will be inconvenienced. Chapter 90 Mr. Stevens retired at 8:20 P.M. The Chairman read a letter from Mrs. LeRoy Riley complaining about an open drain -on her property at 27 Curve Street. Mr. Gayer reported that he went down and found a large drain that empties at the back of her property opposite a culvert that goes under the railroad track. During the heavy rain he imagined the culvert would not handle the water as fast as it came in. He said he was having levels taken and the culvert measured to see what possibility there is of correcting the situation, but it does not look very good. The Chairman was authorized to advise Mrs. Riley that an investigation is being made to determine what, if anything, man be done. Letters were received from the Department of Public Works advising that the sum of $1,000 has been allocated 1 1 44L for Chapter 90 maintenance and the sum of $10,000 has been allocated for Chapter 90 construction, Concord Avenue. Mr. Gayer said that he had requested bids for 1956-57 requirements of approximately 55,000 gallons of gasoline and approximately 4,000 gallons of Diesel Gasoline Oil. He would like to move the pumps outside the bids building, which would probably lower the insurance rate, and also start a ticket system so that every gallon of gasoline would be accounted for. In the invitation to bid he included the loan, installation and maintenance of tanks and pumps. Bids were re- ceived as follows: Socony-Vacuum Oil Companp Mobilgas $0.1782 Diesel Up to 800 gallons 0.15 Over 800 gallons 0.145 Installation of tanks $1500 Gulf Oil Corporation Good Gulf Gasoline 0.1842 Diesel Not .less than 125 gallons .1460 750 gallons or more discount of 0.05 per gallon Mr. Gayer explained that it will make a differ- ence of $300 a year higher from Gulf but they did bid the way he requested. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to accept the bid as submitted by the Gulf Oil Corporation. Mr. Gayer reported that he had received bids on water gates and fittings as follows: Public Works Supply Co. $2,109.40 George A. Caldwell Co. 2,298.95 Hilo. Supply, Inc. 24182.04 John A. McDonald Co. 2,369.59 Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to accept the bid as submitted by Public Works Supply Co. - Mrs. Morey reported that the School Department had Bids on water gates & fittings 446 two signs for Crosby Road and Mr. Smith had given in- structions to have them placed on school property. However, one is almost on Massachusetts Avenue.. He will have it set back if the Board so desires or leave it there. The Board and Mr. Gayer were of the opinion that it is now in a betterlocation than originally planned. • Mr. Gayer retired at 8:50 P.M. Mr. Harold F. Lombard, Chairman of the Board of Board Of Public Welfare, met with the Board. Public The Chairman explained he was invited to attend Welfare the meeting this evening to inform the Board as to the function of the Board of Public Welfare and how it operates. Mr. Lombard explained that the first category is General Welfare which originally took care of etsry- one in need of help. During the depression it took care of people of all ages who were unable to obtain employment. That condition does not prevail today and most people. on general welfare are old people who do not qualify for Old Age Assistance. The second category is Old Age Assistance. That is for needy people sixty-five years of age and over who have no more than $500 in the bank, $1,000 paid-up life insurance and no other income. The next.eategory is Disability Assistance which is fairly new. Thatis government sponsored also and takes care of people totally disabled and who meet other qualifications. These people under sixty-five used to be taken care of by general welfare. The last category is Aid to Dependent Children. Those are families of women whose husbands have de- serted them. If these mothers went to work to support the children, the children would be roaming the streets. The idea is to keep the mother at home and keep the family together. He explained that General Welfare is almost en- tirely a local proposition. The town pays for all of it. He explained that under 01d Age Assistance the Federal Government pays one-half of the first *S5 plus 17.50. In most oases it amounts to $35 of the first 55 and the State pays two-thirds cif the balance. He stated that Disability Assistanceis very similar except the State pays a smaller proportion. .He said that on Aid to Dependent Children the State pays one-third of the total and the Federal Government pays most of the balance.. He explained that money coming from the Federal Government constitutes a revolving fund, whereas C= 1 447 money coming from the State goes into Excess and De- ficiency. A good part of money appropriated for wel- fare goes into the Excess and Deficiency Account. The Chairmen referred to the vacancy in the Board of Public Welfare and said that the new members of the Board of Selectmen were wondering what qualifications were required for an individual to serve on that Board, Mr. Lombard said that actually the Board is not an administrative Board, but is purely advisory. Mr. Collins occasionally calls for help but for the most part he runs the department on his own. He said there are two Cler1 a Junior and Senior, and a Social Worker. He explained briefly the duties involved. He said as far as qualifi- cations are concerned, almost anyone could serve on the Board. They meet regularly once a month and if necessary, would meet more often. There are only two or three cases going on in a month and usually. that number going off. Mrs. Morey asked how late the meetings lasted and Mr. Lombard replied that they are not very late. Ni'. Tucker asked if Mr. Lombard had anyone in mind to complete the Board and he replied in the negative. He said he would have no objection to anyone the Board might appoint. Mr. Maloney asked if he thought he could get along all right as the Board is now made up and Mr. Lombard replied that they can get along -or they would be glad to welcome another member. Mr. Lombard retired at 9:15 P.M. Mr. Charles Durkin, Minute Man Cab Company and Mr. Elroy Dalrymple, Lexington Cab Company Inc. mat with the Board. • Mr. Durkin explained that they would like to increase the 35¢ cab rate to 50¢. The present minimum of 35¢ is too low. The Chairman presented a map with zones and rates established in 1946 and asked if the 35¢ rate conformed to the map. Both operators looked at the map and agreed that everything within the circle is now 35/ and they would like to increase it to 50¢. They pointed out the area on the map which they would like established aa a 50¢ minimum zone, a 60¢ zone and a 75¢ zone. Mrs. Morey mentioned the speed at which the cabs are driven. ,Mr. Durkin stated that he let drivers go for a week when he received complaints about speedinge but it is difficult to hire cab operators and they are on a commission basis. The Chairman said that the Board would arrive at 448 some decision and let them know. Messrs. Durkin and Dalrymple retired at 9:35 P.M. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to amend the Rules and Regulations govern- ing taxi cabs for the carrying of passengers for hire as follows Rates or Fares a. For hackney carriages, taxi cabs, renting cars and other public vehicles, the rates within the limits of the Town of Lexington shall be: .50 minimum within the limits of the Town .60 zone as indicated on map .75 maximum within the limits of the Town As soon as the new precinct maps have been prepared ,the Board will have the three zones outlined and the new rates indicated in the proper areas, a copy of which is to be sent to the cab companies. The Chairman read a letter from the V.F.W. re Mem. Memorial Day oriel Day Observance. On Sunday, May 27th a memorial service will be held at the First Baptist Church; assem- bly in front of the church at 10:50 A.M. for the service at 11:00 A.M. On Memorial Day, May 30th, all persons and units participating will assemble at Depot Square at 8:45 A.M. The parade will go from there to Munroe Cemetery, to the Old Boring Ground and to Westview Cemetery, re- turning to the Common for flag raising and a short ad- dress by one of the Selectmen. The Chairman read a letter from Robert M. Coquillette Committee advising that the Cary Memorial Library Building Addition Committee voted to extend an invitation to the Board of Selectmen to appoint an ex -officio member to the Committee. Resignation Action was deferred until the next meeting when Mr. Reed would be back. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that he has received Mr. Robert Coquillette's resignation as a member of the Cary Memorial Library Addition Building Committee. 1 449 Letters were received from Mr. Carroll, Town Clerk, advising that the following committees have been -ap- pointed by the Town Moderator: Cary Lecture Committee Edward L. Mears, John F. Rich Committees and Mrs. Ralph H. Tucker School Sites Committee Charles T. Abbott, Roland B. Greeley, Richard R. Harding, Mrs. George Morey and Gordon E. Steele Franklin School Addition Building Committee John M. Biggs, Mrs. Eleanor B. Litchfield, Edward T. Martin, Stanley E. Robbins, Robert E. Seigfried Letter was received from Louis Tropeano, on behalf on the Lexington Sea Scouts, requesting permission to Barnes use the Barnes property for a rummage sale some Sat- property urday in May. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the organization the use of the Barnes property on Saturday, May 19th. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the following licenses: Licenses Chester W. Fillmore 659 Marrett Road Peddler Lexington Theatre 1794 Mass. Ave. Sunday Movies Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign an easement for the construction of a water main in Webb Street from a point approximately Water 395 feet northerly from Woburn Street northerly approxi- easement mately 1077 feet. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sign easements for the construction of the following streets which were accepted by the Town Street Meeting held on the 19th day of March, 1956 and ad- Orders journed to the 26th day of March, 1956: Arcola Street, from Bartlett Avenue southerly approxi- mately 395 feet; Bernard Street, from Bedford Street northeasterly ap- proximately 1027 feet to Justin Street; Blake Road, from Simonds Road southeasterly approximately 570 feet to Preston Road; Calvin Street, from Ivan Street northeasterly approxi- mately 750 feet to Justin Street. 450 Daniels Street, from Taft Avenue southerly approximately 500 feet; Donald Street, from Ivan Street northeasterly approximately 750 feet to Justin Street; Eldred Street, from Bedford Street northeasterly approxi- mately 1050 feet to Justin Street; Pottier Avenue, from the southwesterly line of the loca- tion of the Boston and Maine Railroad to the north- easterly line of the location of said railroad, a distance of approximately 50 feet; Grapevine Avenue, from Kendall Road northwesterly approxi- -mately 1150 feet to Waltham Street; Henderson Road, from Burlington Street southwesterly ap- prpximately 585 feet to Blake Road; Ivan Street, from Eldred Street southeasterly approximately 830 feet to frond Bernard Street; Jackson Court, from Parker Street northeasterly approximately 255 feet; Milk Street, from Carley Road southeasterlyproximately 685 feet to Hill Street; Mill Brook Road, from Adams Street northwesterly approximately 351 feet; Nichols Road, from. Preston Road northeasterly approximately 530 feet to Blake Road; Pearl Street, from Bartlett Avenue southerly approximately 375 feet; Rowland Avenue, from Massachusetts Avenue southwesterly approximately 360 feet; Wallis Court, from Massachusetts Avenue southwesterly ap- proximately 258 feet. The Chairman read a memo from Mr. Reed advising that the Arlington Incinerator Committee would like to meet Meeting with the Board to discuss the subject of a municipal incinerator, Mr. William Borghesani has set a tenta- tive date of May 16thb but will have to check it with his committee, The meeting adjourned at 9:55 P.M. A true record, Attest: 1 SELECTMEN'S MEETING May 14, 1956 A regular meeting of the Board of Selectmen was held -on Monday evening, May 14, 1956 at 8:00 P.M. following a meeting of the Cary Memorial Library Trustees. Chairman Reed, Messrs. James, Tucker and Mrs. Morey were present. The Executive Clerk was also present. The Chairman read a letter from Mrs. R. K. Martin, 1 Moon Hill -Rodd, requesting permission, on behalf of the Lexington Chapter of the United World Federalists, Barnes for permission to use the Barnes property on Saturday, property May 26th for a rummage sale. ' Upon motion df Mrs. Morey, seconded by Mr. James, it was voted to grant the request. Upon motion of Mr. James, seconded by Mrs. Morey, Licenses it was voted to grant the following licenses: Clarence"MaoPhee 14 Baker Ave. Sunday Sales George -H. Phelan 11 Cary St. Peddler The Lexington Theatre 1794 Mass. Ave. Sunday Movies Mr. Harold E. Stevens, Town Counsel, met with the Board. The Chairman reported that Mr. Gayer had a Vehicle count taken of the cars going to the dump May 2nd to May 6th from 7:00 A.M. until 8:00 P.M., and presented a_ graph of the results. He said that if the Board would deter- mine the hours Mr. Gayer will prepare an amendment to Dump the Rules and Regulations governing the dump. Mr. James explained that, according to the graph, it is not necessary to open the dump before 8:00 A.M. or after 7:00 P.M. He said he thought it would be well to accept what the graph shows and also it would be wise to do the same thing again after daylight 'saving is a little further advanced. The Chairman said that he did not like to see the dump open after 7:00 o'clock. Mr. James explained that on the three week days the vehicles per hour after 9:00 in the morning through 8:00 at night were the same all day long; about twenty per hour. On Saturday and Sunday there was no activity until 8:00 o'clock and by 7:00 o'clock it tapered off to forty cars an hour. The peak is 138 cars, 11:00 A.M. on Sunday, 45 2 May 6th. On Saturday there were 120 cars an hour at 11:00, 2:00 and 5:00. Ori three week days it is about 20 an hour all day long right through until 8:00 at night. Mr. Stevens mentioned that the Board might as well set a time for daylight saving and non -daylight saving. The Chairman said that at the present time Mr. Gayer has thoughts of putting the shovel up there with a boom on it and keep that man there all the time, and put Mr. Kelley at the Public Works building except for Saturdays and Sundays when he -would be back at the dump. Mrs. Morey questioned the operator working a twelve-hour day. The Chairman said that someone would have to be at the dump and Mr. Gayer may not put him there early in the morning, Mrs. Morey suggested• putting two men on the dump and keep it open from 8:00 A.M. until 8:00 P.M. every day. The Chairman said that personally he felt that was too long a day. Mr. James explained that on week days there is just as much activity at 8:00 in the evening as there is in the afternoon. Mr. Tucker observed that this report is represent- ative of the first week of daylight time. Mr. James said his only objection was that he does not think the report is representative. The Chairman suggested 8:00 and 5:00 on standard time. Mr. Tucker said he thought a schedule should be set up on summer hours and tried out as an experiment and also that it should be given publicity in the in the newspaper. The hours from 8:00 A.M. until 8:00 P.M, were finally decided upon. The Chairman presented a sketch of suggested traf- fic circle at Hancock and Revere Streets as prepared by Mr. Gayer. Traffic Mr. Tucker said that he was opposed to installation Circle of curbing at this particular location because there are so many other locations in more serious need of curbing. Mr. Stevens mentioned that traffic circles are not now considered good engineering. Further consideration was held over until the next meeting of the Board, at which time Mr. Gayer will be present. 1 453 The Chairman asked if Mr. Stevens had checked Cataldo further on the Cataldo property located on East Street. property Mr. Stevens said that it is a question of policy. East Street The Chairman reported that Mr. Cataldo is filling the land in himself and is then going to bill the town. Mr. Stevens said t hat he could not do that. The Chairman said that he is going to add it to his claim for damages. Mr. Stevens said that he could not do that because the time has expired, and he did not make a claim. Those things have to be considered and on the other hand if the Board is going to get into the position of doing something a precedent will be established and something will have to -be done in other parts of the town. He said he did not know thatthere was any thought in mind primarily of going ahead and widening the street, and it is a matter of bal- ancing various things. Mr. Tucker mentioned the project as a Chapter 90 item and Mr-i.Stevens said it could be a Chapter 90 pro- ject but so many others came up that required attention there was no thought of going ahead with this. The Chairman said that Mr. Cataldo made no claim for damages and that is why he is making this request. Mr. James mentioned that there are lots in the Manor not improved along the edge of the pavement and the -people have improved the land right up to the pave- ment. Mr. -Stevens said if the Town did the work on this, it will undoubtedly have to do the grading. The Chattman read a letter from DeVries Construction Co. Inc. in re betterment assessments as a result of the sewer installation in Lowell Street which were supposed DeVries to have been taken care of before Mr. Burns resigned. Sewer According to the letter, Lot 21 at the corner of Fair- assessments lawn Lane and Lowell Street has sewer installed by DeVries on Fairlawn Lane and the bill on this is therefore double. Lot 3].A which was a similar circumstance has already been abated and Lot C is not a lot, but a street entrance which hale been abolished, A memo from the Engineering Department that the betterment assessment"on Lot 21 has been transferred to the new owner, John J. & Mary E. Hammond. In checking tiles ewer order these people were assessed and the order has been filed at the Registry. The Engineerst memo mentioned that Lot 17 Was not assessed, but it was included in the Order and filed. The Engineers advise that Lot C is a paroel for a proposed street. It was agreed to abate the sewer betterment assess- ment in the amount of $301.33 levied, and recorded against Lot 17 Lowell Street as this lot is serviced from Fairlawn 454 Avenue. It was also agreed to abate the sewer better- ment assessment in the amount of $189.84 levied, and recorded, against Lot C formerly a proposed street with insufficient area upon which to build a house. The Chairman read a letter from the Building In - Complaint re apector relative to the unfinished building located unfinished at the corner of Carville Avenue and Banks Avenue. building - The Inspector contacted the present owner who stated that the property is in the, process of being sold and the new owner intends to renew the building permit and finish the building. The Chairman was authorized to s o advise the in- dividual -who registered a complaint relative to the building. The Chairman read a letter from the Town Cele- brations Committee reporting on the last meeting held on May 7th. Letter was receiv-ed from Town Counsel in re sewage Stipulation • service contract with the United States Government, for- dated March 30, 1953, under which the Government was to Judgment construct a sewer force main through land in Lexington to a gravity sewer of the Town, and the Town agreed to p permit the Government to connect and deliver therein, sewage from the Bedford Research Center at Hanscom Air Base, which the town would transport through its sewers to the MDC trunk line. A connection charge of $35,000 was paid by the Government to the Town. The Government brought proceedings to take by eminent domain necessary easements for the location -of the force main and a number of the parcels of land through which the easement passed were owned by the Town. The proceeding is still pending and to aid in bringing it to a conclusion, the United States attorney sent Mr. Stevens a 'Stipulation for Judgment"` in which the Town agrees to accept *1.00 in full satisfaction of its claims for compensation fon the easements taken in town land. The Board signed the instrument and the original was mailed to Mr. Stevens. At 9:03 P.M. hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone Company for permission to relocate one j/o pole on Massachusetts Avenue, opposite Worthen Road. The proposed relocation was approved by Mr. Gayer. Mr. Mahon, representing the• Boston Edison Company, was the only person present at the hearing. 1 1 455 He explained that there is now a pole directly in front of Worthen Road and the petitioner proposes to Pole loca- abandon that pole and place it directly opposite. tion Upoh motion of Mr. James, seconded by Mr. Tucker, it was voted to approve the following pole relocation: Massachusetts Avenue, opposite Worthen Road, one pole. One existing j/o pole to be removed. At 9:08 P.M. hearing was declared open upon peti- tion of the Boston Edison Company and the New England Pole Telephone and Telegraph Company for permission to lo- location cats a pole on Meriam Street, southwest of Patriots Drive. Mr. Mahon, representing the Boston Edison Com- pany, was the only person present. at the hearing. He explained that at the present time the exist- ing line runs more or less on the easterly side of Meriam Street, and underground service is desired by the Church of Our Redeemer. The company prefers not to open the street as underground service is very expen- sive and it would also mean a patching job. Mrs. Morey asked how much more expensive under- ground installation would be and Mr. Mahon replied that it is approximately $10 per foot and the way it is lined up now involves about ninety-five feet. Mr. James said that if the church did not require undefground service the pole would not be necessary and asked if that were correct. Mr. Mahon replied in the affirmative and _explained it is a separate service for the church. The church has to pay for the underground where it leaves the public way. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to approve.the following j/o pole location: Mariam Street, northwesterly side, appro ximately 210 feet southwest of Patriots Drive. Mr. Mahon retired at 9:10 P.M. Chief John W. Rycroft met with the Board. The Chairman explained that the Board has received schedules of towing rates charged by William P. Fitz.- Towing gerald and Morris Motors. He recalled that Morris wrecked cars Motors felt they were not receiving a fair share of business from the police officers relative to accidents and that it was usually given to Fitzgerald. He said 4r; he thought that was what the Board wanted to clarify. The Chief said Morris Motors should receive a fair share of the business but when cars were hard to get Morris was not interested in thee -towing busi- ness and it only within the past year or year and a half that he has gone to accidents. Ke-said-ke-Yras gene-be-see&dents. He -said he has received so many complaints about the towing •charges made by Morris he wanted a schedule of rates in black and white. Mr, James said that, as he -saw it, the Board has nothing t� do -With rates anyway. It is a private deal between the maxi and the garage. The -Chief -explained that he wanted them on file so the Board will know what• they are. Chief Rycroft retired at 9:214. P.M. • Mr. Francis P. Kennedy, Mr. Harold I. Bjorn and two other residents of Hillcrest Street met with the Building Board. Permit Mr. Kennedy explained that their problem was that Miilerest a builder by the name of Qhisholm had purchased a lot Street of land on Hillcrest Street with 100 foot frontage and is planning to erect two houses. The people in the area feel it will deteriorate the neighborhood and they have all built with the idea of having land around them. •The Chairman asked if most of the frontages were 100 feet and Mr. Kennedy replied that they are either 100 feet or 75 feet at the minimum. The Chairman asked if he had checked the frontages and Mr. Kennedy replied in the affirmative. .He said one lot has a fifty foot frontage but there is quite a background to it. The Chairman stated that•the town sold that but there is a restriction on it. He said the Board wodld let the Town Counsel discuss the subject, Mr. •Stevens said the situation depends on the wording of the Zoning By -Law. This is now noted at 50 foot frontages and in March•of 1929 it was voted to increase from 50 foot frontages to 75 foot frontages. Then it went to 100 -and 125. In each of the .changes, the by-law has exempted from the increase, lots on a recorded plan of date recording prior to the increased requirements. The plan showing these two lots was dated 1952. The plan was not recorded until after the zoning was increased to 75 feet. He explained that the question as to these lots is the fact that the deeds to lots 14.2 and -43 were recorded in 1926. On the face of it, it places him within the exemption of zoning and the lots are buildable. The only basis on which it can be ruled they don't corse under that is that the deeds described the lots be reference to a plan and the plan was not Cla 1 457 recorded. He pointed .out one could say the recording of the deed was sufficient and it is not just an open and shut case. Mr. Stevens stated that property can be conveyed by just a deed and a plan. The zoning exempts the lots if they are in a recorded deed and plan if it is on record before the change. He ex- plained that the law says deed or plan so the question here is whether the description in the deed is based on the plan which may make it possible, to rule that the recording of the deed was not sufficient. He said that the revocation of the building permit may result in this ending up in litigation, and proceedings could be brought to regtire the Building Inspector to issue a permit. He said he thought it would have to go to Court for a decision. Mr. Stevens explained that if it is decided that the building permit could not be revoked, the people could bring proceedings against the Building Inspector to make him revoke it. One individual asked if they should hire a lawyer and Mr. Stevens replied that if it were him he would not do anything until he found out if the permit had been revoked. The group and Mr. Stevens retired at 9:50 P.M. Letter was received, attention of Mr. Tucker, from the Woodhaven Association. requesting permission to con- duct a street dance on June 9th between 8:30 P.M. and Street 12:00 midnight in the vicinity of 39 Normandy Road. dance Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the request but to ask for more definite information as to the area included for the dance before advising that permission has been granted. Petition from the Boston Edison Company and the New England Telephone & Telegraph Company for permis- sion to locate a pole on Rawson -Avenue, corner of Pole Albermarle Avenue was held over. Location Upon motion of Mr. James, seconded by Mr. Tucker, It was voted to grant the petition. . Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company Pole for permission to locate a pole on Massachusetts Avenue. location The proposed location was approved by Mr. Gayer. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition for the following j/o pole location: 458 Massachusetts Avenue, northerly side approximately 135 feet west of Forest Street. One existing j/o pole to be removed. The Chairman read a letter from Mrs. John Fulton, Complaint 78 Hill Street, relative to the bank which she claimed to we been left as a result of the recent widening of Hill Street. He reported that Mr;. Gayer has some ideas in mind which may take care of the situation. Sidewalk - The Chairman read a letter from Mrs. John Baskin requesting the installation of a:blaok top sidewalk in front of her house at 45 Adams Street. The concensus of. opinion was that if there are funds available this year the installation might be considered. If money is not available, it will be included in the items for the 1957 budget. Petition was received from Andrew Ken and two Refl. for other individuals requesting the construction and street acceptance of about 200 feet of Spencer Street. constr. The Chairman was authorized to advise Mr. Ken that the funds are available at the time and there- fore this project will be considered when the 1957 budgets are being prepared. Petition was received from residents of Grant - Street requesting removal of a tree opposite #67 as Tree it is a source of danger due to its decadent condition. removal The Chairman reported that Mr. Brenton,. Shade • Tree Division, recommends removal inasmuch as the tree is too far gone to try and save. It is located on town property. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to authorize Mr. Brenton to proceed to have the tree removed. The Chairman ,read a letter from Mrs. William L. Traffic Phelps, 16 Curve Street in which she mentioned the control fence that has recently been erected at number 18. Mrs. Phelps requested that Curve Street be made one way. •The Board did not feel that one-way traffic would solve the situation and it was agreed to erect signs calling the attention of vehicular traffic to the blind corner. Further .consideration was given to Mr. Robert M. Coquillette's letter advising that the Cary Memorial Library Building Addition Committee would like a mem- ber of the Board to serve on the committee as an ex - 1 459 officio member. Because of the numerous demands be- Committee ing made on the Board, and due to the fact that Mrs. Morey is a member of the Executive Committee, Library Trustees, it was the unanimous<opin.ion that some per- son, not serving on a Town Board, would be in a better position to devote the time required. Copy of letter to Planning Board was received from B & M Mr. Edwin B. Worthen, in regard -to possible future aban-•Railroad donment of the Lexington branch of the Boston & Maine railroad. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to sign certificate of incorporation on behalf of W. Lloyd LeBoeuf, Samuel Berman, Paul V. Cert. of Inc, Riffin, Herbert Kassman, J. Lawrence Powell, Alan B. Wade, Byron H..Waksman, Arthur Kates and Edward H. Kass - Five Fields Pool, Inc. satisfactory character references were received from the Chief of- Police. Letter from Judge Pierre A. Northrup, together with copy of his letter to the Representatives and Senators Court Bill concerning the District Court Reorganization Bill was noted and placed on file. . Letter was received from the Board of Assessors ad vising that the 1956 tax rate of $51.00 has been ap- Tax rate proved by the Department of Corporations and Taxation. The total assessed valuation of taxable real estate and personal property as of January 1, 1956 is $53,604,040, an increase over 1955 of $4,532,867 and an increase in the gross amount to be raised of $491,496.36. Letter was received from the Board of Fire Com- Captain missioners advising that the records concerning the Fisk death of Captain Howard D. Fisk are available if the Selectmen desire them. Letter was received from Mrs. Patricia M. Walsh, 297 Summer Street, Somerville, offering $300, total, Tax title for twelve tax title lots located on Alpine Street, property Colonial Avenue and Wood Street. No action to be taken until the Board has had an opportunity to view the lots. The Chairman reported that he talked to Dr. Leary Physical relative to physical examinations and a complete exami- Exams for nation should not run over $50. He presented samples Fire Dept. of forms used by Dewey & Almy and the Barbour Stockwell Company. Dr. Leary felt that either one was as good as any. Facilities are available in Dr. Leary's office 4B0 Sidewalk Sidewalk Invitation Governor's conference Sign removal building for complete physical examinations. The Chairman agreed to discuss the subject with the Chairman of the Board of Fire Commissioners. Upon motion. of Mr. Tucker, seconded by it was voted to order the construction of a concrete sidewalk on the northeasterly side Road, at property #11. Upon motion of Mr. Tucker, seconded by it was voted to order the construction of a concrete sidewalk on the southwesterly side Street at property #1i-7. • Mrs. Morey, bituminous of Berwick Pars. Morey, bituminous of Parker Invitation was received to attend the Annual Prison Industries Meeting on Wednesdays_ May 23rd., Mrs. Morey suggested that the invitation be forwarded to the School Department. Notice was received relative,to the Sixth Gover- nor's conference on State, County and Municipal Re- lations to be held at the University of Massachusetts on June 19th and June 20th. . • Mrs. Morey reported that Miss Harrington would like to have the,No Parking sign on Clarke Street moved to enable her to get into her garage easier. The Board had no objection. The meeting adjourned at 11:00 P.M. A, true record, Attest: C7 1 461 SELECTMEN'S MEETING May 21, 1956 A meeting was held in the Selectmen's Room, Town Office Building, on Monday evening, May 21, 1956 at 5:00 P.M. for the purpose of receiving bids for preparing the surfaces and painting steel standpipe, Contract No. 1 and for lay- ing ester mains, etc., Contract No. 2. Mrs. Morey, Mr. Gayer, Mr. Howard and the Executive Clerk to the Board were present. The bids were opened and read by Mr. Howard as follows: Contract No. 2 Eastern Contractors & Co. 24 Bowden Street, Lowell Angro Painting Service 68 Summer Street, Natick Roy 0. Leonard 543 Union Avenue, Framingham Contract No. 1 James Nunroe & Son North Attleboro J. W. Construction Co. Inc. Dorchester, Mass. A. D'Llessandro & Sons, Inc. Hyde Park Susi & DeSantis Co., Inc. Hyde Park E. Susi & Williams Corp. Dedham, Mass. Richard White Sons, Inc. West Newton $ 3,975.00 2,770.00 3,990.00 57,821.00 52,49o.00 95,370.00 49,930.00 34,950.00 59,140.00 Mr. Howard said he believed the Selectmen would want to take the bids under advisement. 462 The meeting adjourned at 5:15 P.M. At true record, //Attest: 1 463 SELECTMEN'S MEETING May 21, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 21, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr. Stevens, Town Counsel, and Mr. Gayer, Super- intendent of Public Works, met with the Board. Hearing was declared open upon petition.of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to relocate a pole on Ledgelawn Avenue. Mr. Mahon, representing the Boston Edison Company and Mrs. Caroline Hodges, 39 Ledgelawn Avenue were Pole present at the hearing. location Mr. Mahon explained that it is planned to move the j/o pole twelve feet to a lot line to clear a driveway _for Mr. Anderson. Mrs. Hodges said she would like to know how much it is going to be moved. The Chairman explained that the pole will be located on the lot line between her property and the Anderson property. Mrs. Hodges said she would have no objection if it was placed on the lot line. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the Order for the following j/o pole location: Ledgelawn Avenue, southerly side approximately 285 feet west of Hamilton Road. One pole. (One existing j/o pole to be removed.) Mrs. Hodges and Mr. Mahon retired at 7:37 P.M. Mr. Gayer reported that he has not heard directly from the State relative to the sidewalk program, but John Carroll was talking to one of the men today. They doubt Sidewalks if.the sidewalk program that has been under discussion with the State will go through this year. He said he would check tomorrow and have something definite for the Board. 44 The Chairman emphasized the importance of the project in its relation to the schools and said that something would have to be done. He said the town program was started assuming that the State would go ahead with its plans. Mr. Stevens read proposed rules and regulations Dump governing the dump. regulations Mr. Gayer stated that if adopted as presented, he would have to request additional funds.to man the dump. He said that he is thinking about putting the equipment operator down there with a piece of equipment and have him take charge of the dump, transferring Mr. Kelley to the Public Works Garage. The Chairman said that there are twelve hours on Saturdays and Sundays and asked if it would involve overtime. Mr. Gayer replied he thought, in fairness to the man, he should be paid time and a half. The Chairman asked if the same man would be given twelve hours on Sunday and Mr. Gayer replied that he would probably have to. The Chairman said if there are rules they should be enforced and the man will have to be paid. The Chairman asked if the regulations met with the Board's approval and if they were to .be put in -effect. Mr. Tucker said he thought they should be put in effect and if necessary, make.changes later on. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to rescind as of May 28, 1956 the rules and regulations heretofore adopted by the Board govern- ing the operation of the Town Dump situated on Lincoln Street in Lexington and to.adopt the following rules and regulations governing the operation of said dump: 1. The dump shall be open daily between the hours of 8:00 A.M. and 8:00 P.M. during the period of the year in which Eastern Daylight Saving Time is in effect in the Town and between the hours of 8:00 A.M. and 5:00 P.M. during the remainder of the year, and the placing or depositing of any material in or about the dump, except during the aforesaid hours, is prohibited. No person, unless expressly authorized by the Superintendent of Public Works, is permitted within the dump during the hours that it is closed. 2-. The lighting of any fire in the dump or the placing of any combustible material on any fire that may be burning in the dump is expressly prohibited. 3. Material is to be placed or deposited in ac- cordance with any d irections that may be given by the 1 465 .person in charge at the dump and no material is to be Placed or deposited by any person in any portions•of the dump that may be marked by signs indicating that dumping in those areas is not permitted. 1.. No garbage, offal or offensive material shall be placed or deposited in or about the dump. 5. The dump is maintained for the deposit of ashes, cinders, papers, and other refuse and rubbish originating Within the Town of Lexington, and the dumping or deposit - ng thereik of any material originating outside of the Town of Lexington is prohibited. 6. Picking the dump or removing from the dump any Material that has been placed.or deposited therei :.is prohibited. 7. The penalty for violation of these rules and regulations is a fine not exceeding $20.00 for each offense. 8. These rules and regulations shall become effec- tive on May 28, 1956. The Chairman read a letter from Mrs. Kenneth J. Req. for McCarthy, 1$ Moreland Avenue, advising that the property street owners would like to have the street accepted. acceptance The request is to be considered when 1957 budgets are being prepared and in the meantime the Superintendent of Public Works will send Mrs. McCarthy estimates of cost with instructions to obtain signatures, Petition was received from LeRoy D. Haxton, 60 Cliffe Avenue and Ernest D. Smith, 68 Cliffe Avenue, Req. for requesting extension of sewer system to inelude their sewer properties. The communication was referred to Mr. Gayer. Letter was received from Arthur H. Patuto, 261. Marrett Road, requesting extension of sewer from the Req. ,for corner of Kendall Road to service his house. sewer Mr. Gayer presented a sketch of the areaand ex- plained that the sewer in Marrett Road could be exten- ded but the main would have to be extended. The sewer in Kendall Road cannot be extended to include this property. He explained that the situation is serious as the cesspool does not function properly. He re- ported that the Coles, next door, will anew Mr. Patuto to run a sewer line over their property, which he does 46 not like, but there is nothing else that can be done. Mr. Patuto will either have to do that or move out Of the house and then the problem would still exist for the next tenant. The distance involved is about 100 feet and Mr. Patuto will have to pay all cost. Mr. Stevens asked if a main .would be extended and said .that if the sewer is put in at some future time, betterments could not be charged for this par- ticular property. The Board had no objection to the solution pre- sented by Mr. Gayer. . Mr. Stevens said he would like to see the ease- ment but it is up to Mr. Patuto to initiate it. Further consideration was given to Mr. Robert Oakmount Merriamts letter to Mr. Tucker relative to flooding Circle conditions on 0akmount Circle. drainage The Chairman said this item could be considered when budgets are discussed. Mr. James said t hat the source of the water is the pond and the pond is private property and asked how the Board could become involved. The Chairman said he thought Mr. Merriam was re- ferring to drainage in the street. He pointed out that if the town does install drainage and the water does not go .into the drain, the condition will be un- changed. He said he thought it should be a separate article and not included in the regular drainage budget. Mr. James said that if the water was not running out of the pond the drain would not be needed. He said he was trying to point out that this is a private project. Mr. Tucker said that Mr. Merriam may have had in mind raising the road so the water would run down Meriam Street. The Chairman said he thought this was a subject to be discussed in October. Letter was received from Thomas Sweeney, 321. Concord Avenue, together with petition signed by 120 residents, opposing the proposed widening of Concord Avenue. The Chairman reported that these people are upset about the widening, the takings for which were made in 1945 at which time a hearing was held. He said that each year the Boards have felt that Chapter 90 was more valuable in some other location. He said it has been deferred three times since he came on the Board and now that funds are available no one in the Cnap. ' 0Ave. project c 467 area knows anything about it. He explained that all the surveying and preparations of specifications was done by the State. The County is making a survey and it is then referred to the State. Recommendations will not be ready until around the first of June. At that time the Town has the right to determine the width cf the street and usually the State goes along w ith.what the town recommends. He said he alao advised these people that the amount of money appropriated this year would not go any further than the old golf house from the Belmont line. Most of the people concerned are located further .on. The Chairman stated that in talking to Mr. Adams, Chairman of the Planning Board, he referred to the thought of the State to continue Concord Avenue to Spring Street, It is Mr. Adams, feeling that in the future further con- struction on Concord Avenue might be delayed until the State decides what it is going to dc; Mr. dames said that the County will not make any recommendations until June first, and suggested that the Board hear what those are before discussing the subject with those people. The Chairman was authorized to advise Mr. Sweeney that the Board will discuss the matter with three or four representatives of the neighborhood after the County has made a report on the present survey which will be some time after June lst. .Mr. Gayer retired at 8:30 P.M. Sergeant Morris Woodward met with the Board. He said he had a copy of the vacation schedules as Police sent out and would like to leave one with each member of vacation the Board. He said they would notice there are six vasa- periods tion periods beginning June 3rd and the last vacation period begins September 16th. On each one of the vaca- tion periods there is one superior officer supposed to be eligible. He said he was not at the meeting to try t,o ridicule or embarrass anyone and would like to keep t impersonal. He said he was not arguing seniority. In becoming a Sergeant or Lieutenant, one not only assumes responsibility but can expect certain privilegea. Among these is the fact that they should be able to receive a vacation during the tacation months, that is while schools are not in session. The first vacation period the child- ren are in school and the last period they are in school. e said he has two children, five and seven years of age. e feels it.ia his right and duty to leave with them the thought in mind that their father was willing to share his vacation, Under the system outlined he cannot do that. He said when it came his turn he could select either the first or the last and could not conscientiously 468 do that. He stated that he went to the Chief with his problem and asked if the men were obliged to follow this schedule and was told they were. He said he told theChief he had been in.the service of the town for eighteen years and did not feel he should start again at the beginning with no Seldetion of a good vacation period. The Chief said what else could he do. He said he started to tell him but he would not let him finish. He said he explained that he had two small children looking forward to sharing his vacation and the Chief told him that was his problem. He stated that it is the Chiefts argument that he wants a senior officer on at all tiles. He said this is still a small department and it is impossible with- out exacting an injustice to the men available. Ser- geant Woodward said there are.two alternatives whereby the Chief could arrange the schedule and there would be superior officers on duty. One is the fact that there is Lieutenant Corr- and Sergeant Russell working days. He and Lieutenant Smith work ,one night shift. .Sergeant Furdon and Sergeant Dooley are working the other night shift. If it were se worded that no two superior of- ficers working the same shift could take the same vacation period there would be one senior ranking of= ficer on duty. Sergeant Woodward said a second plan would be to have two of the night senior officers take the same vacation as the two day senior officers. During all these periods the schools would not be in session. He said he was not arguing the seniority; it was right there.whould be privileges. He said he would like to point out one inconsistency in the schedule. Last year it was deemed advisable to have two inspectors appointed to the Police Department. Patrolman Barry and Lieutenant Corr were made inspectors. As a result of this schedule, both inspectors are going ton vaca- tion the same time. He said that certainly does not argue well for the efficiency of the schedule. He stated that the schedule was copied the day it was taken from the blackboard. The Chairman .said he assumed the officers have a choice. He asked if Sergeant Dooley had more time than he did for years of service and Sergeant Woodward re- plied in the negative. The Chairman asked how the men •went by and Sergeant Woodward replied length of service. The Chairman asked if the officers didntt and Ser- geant Woodward said that was over his head. The Chairman said that the men go according to the time of years but the officers go by tenure of office and Sergeant Woodard said that was correct. . The Chairmansaid it seemed to him it should be all one way. He asked if this was a new set-up from last year. Q C) 1 469 Sergeant Woodward replied that there was no con- flict last year because there were not so many men. The Chairman said that the conflict then was be- ginning because of the number of officers and Sergeant Woodward said that has a bearing on it. He said between June 3rd and June 16th, the next period does not start until June 24th. There is a lapse of one week. "- Mr. James asked if there were any reason and Ser- geant Woodward replied that he was never toldbut some- times days off may work in so a man whose vacation ends June 16th might end just the day before he starts a vaca- tion. He said there might be someone in the second bracket who starts his vacation the fourth day. That would account fur six days in that week. Some of the men do lapse over. Sergeant Woodward said he disliked coming to the Board. It is embarrassing t o him to complain but hhe just could not let this go because if it sets a precedent, it will continue indefinitely. He said he feels hurt about it and fellows after him feel hurt. It is no re- ward for becoming a Sergeant. The Chairman said that there must be some men who have been on less time receiving a better vacation period and asked if he were correct. Sergeant Woodward replied in the affirmative. The Chairman said it appears that in becoming an officer the mex lose their choice of vacation,the tegular patrolmen have a choice by seniority. Sergeant Woodward said he has been on the depart- ment fifteen years and now has three weeks. He said in one of those three weeks he would like a vacation in what hp calls a vacation period. He said it is up to the new Se}rgeants to command the respect of their men. Mr. James asked if the other officers joined Ser- geant Woodward in his feeling on the matter. Sergeant Woodward replied that naturally he would say yes. The Chairman said it looks to him as if some were being favored by getting seventeen days instead of four- teen. Sergeant Woodward said that is the way the cards fall. It all depends on the period you like and if your day off falls correctly. The Chairman said it would not benefit the majority but a few and Sergeant Woodward said that was correot. Mr. Maloney asked if vacations started earlier and ended later other years. Sergeant Woodward replied that last year they started June 10th or 11th and ended about September 17th oil 15th. The Chairman explained -`that someone has to go early and someone has to go late but it is usually the new man. He said the Board would discuss the' subject further this 470 Capt. Fisk evening and try to determine what can be done. Sergeant Woodward retired at 8:55 P.M. At 9:00 P.M. William Fitzgerald, Fire Commis- sioner, Roy A. Cook, Chief B gineer, Raymond Hodgdon and George Tekins of the Fire Department met with the Board. The Chairman explained, in reference to Mrs. Fisk's application for a pension, that the Board of Selectmen must also make a separate investigation into the death of Captain Fisk in order to determine whether or not a pension is in order. He asked Chief Cook to start at the beginning when the alarm was In and proceed to relate all the details. Chief Cook stated that he could not glge the exact time but it was some time after twelve o'clock as he was home for lunch When a call came in on a fire between Woburn Street, Laconia Street and Leonard Road. It was about 12:40 when he was called and he went right to the scene of the fire. He said he thought Pekins was driv- ing the piece of equipment Captain Fisk was on and Mr. Hodgdon was on the other. They were up in the woods and he pulled in the back lane off Laconia Street. The fire was going the other way so he pulled to the other side and the boys were all working. He said he heard Pekins call for car 36 which is his car. He wont right down and Captain Fisk was laying in front of the truck. He was laying infYont of the truck and that is where Pekins found him. He was awake and Chief Cook asked him if he could get up and he said he could. Chief Cook said he asked him if he could walk to his car. The Chairman asked how Tar that was and Chief Cook replied that it was about 200 feet. He said that Cap- tain Fisk walked down to the car. He said they sat there for two or three minutes and he asked him how he felt. He said he felt fairly good, Chief Cook asked if he wanted to be taken to a doctor or home. He said Captain Fisk wanted to go home so he drove him there and talked with him for a few minutes in front of his house. He said he asked Captain Fisk if he could get in t o the house and he said he could. Chief Cook told him to call a doctor and he said he would. Chief Cook said he Wont back to the fire house and told the man he did not think Howard was feeling too good. He said they received a call for the ambulance and then a call for oxygen. They called one doctor, Dr. Wells, and started down to the house again. On the way down he received a radio message to call which he did and was told that Captain Fisk had passed away. The Chairman asked if Mr. Pekins could add any- thing to the report, prior to the time Chief Cook ar- rived on the scene. 1 471 Mr. Pekins said he was on the Laconia Street side and the other engine was by Gus Young's house. He drove the truck up the fields and nosed it into the woods. Captain Fisktook the line on the right and went up to the woods. He pulled four lengths of 200 feet. He said after he gave Captain Fisk all the hose he took the other lino and went down the field. He said he put the fire out as fear as his line would reach, came back and went up to Captain Fisk and killed the end with pumps and brooms Iiherle the hose would not reach. By that time they were with the other crew, Hodgdon and Marshall. They knocked the fire all down and then a little piece backed up and Captain Fisk went over with the pump can to get it. He said they know he put it out; they watched him. He was working down towards the truck but for a couple of minutes they missed him. He said Captain Fisk did not show up so he went over to help him. He said he found him over towards the truck, over a stone wail and he was between the stone wall and the truck. He said he asked him what happened and Captain Fisk replied that he was putting a stump out and he blacked out. Mr. Pekins said he did not know how he got over the stone wall. He said he told Captain Fisk to stay there and he called the Chief who came down. Mr. Pekins said Captain Fisk got up and when he sug- gested getting some fellows to walk him out he said no he had been sick to his stomach and felt much better. He said Chief Cook went with him and that was the last he saw. Mr. Hodgdon said there was nothing he could add. George Marshall took one line and he took the rear. The next thing he. knew about it was when George said they took Captain Fisk away. He said he did not see him at all. Mr. Stevens asked. if Commissioner Fitzgerald had anything he could add and he replied in the negative. Mr. Stevens inquired as to the cause of death and Chief Cook said the coroner said it was coronary heart caused by overexertion. He said the coroner was Dr. Wilcox and there had been an autopsy but no report in writing. Commissioner Fitzgerald said that there is a letter going to Mr. Carroll and that the certificate had been filed with him. - Mr. Stevens asked if they had any written report as to the cause of death and Commissioner Fitzgerald replied that there is just the reports from Chief Cook, Pekins and Hodgdon. Mr. Stevens asked if he had seen the death certificate and Commissioner Fitzgerald replied in the negative. He said Mr. Douglass, the undertaker, said it had to be filed with Mr. Carroll. Mr. Stevens asked if Dr. Wilcox said it was heart and Chief Cook replied in the affirmative. He said he called him from DoglassT Funeral parlor. Mr. Stevens asked if Dr. Wilcox arrived before Captain Fisk died and Chief Cook replied in the nega- tive. He said he understood from the boys that Captain Fisk went into the house and went upstairs, took some of his clothes off, asked for a drink of milk and laid down on the divan for a couple of minutes, gave one gasp and passed away. Mr. Stevens asked if Captain Fisk complained of any pain at the fire. Chief Cook said he complained of a pain in his left arm, that he could not raise it. Mr. James asked if he complained of any pain in his chest. Mr. Hodgdon said Captain Fisk said he blacked out, was sick to his stomach and then felt better. Mr. James asked if Chief Cook took him right to his front door and he replied in the affirmative. He said they sat there for a Sew minutes, he asked if he wanted any help and he said that he was all right. The Chairman asked if Chief Cook had any indication that he was in as -serious condition as he was. and Chief Cook replied in the negative and said he did nat want any help. The group retired at 9:10 P.M. The Clerk brought in the stub #30 of the burin per- mit issued on April 27, 1956 with the cause of .death as written by Dr. John M. Wilcox which was heart disease probably coronary occlusion, sudden death. Mr. Stevens explained that .the Board should first determine that Captain Howard D. Fisk died as a natural and proximate result of undergoing a hazard peculiar to hid employment while acting in the performance, and with- in the scope of his duty. He said that the Board then should designate two doctors and a third doctor is to be designated by the Commissioner of the Department of Public Health. He stated that the members of the medical panel are to be designated within thirty days after date ofthe request for pension and their report must be filed within sixty days, He explained that when the certificate comes back the Board is required to determine the amount of annuity which is. to be based on the need of the widow so he thought the Board should invite her in at that time and get a record of the children, if minors, what she has, what estate he left, etc. He said the pension does not have to be made retroactive but it can be. The Board was unanimous in determining that Captain Howard D. Fisk died as a natural and proximate result of undergoing a hazard peculiar to his employment while acting in the performance and within the scope of his duty. 1 1 473 The Chairman was authorized to find out the name of his family physician to be designated as a member of the medical panel. If available, Dr. Ralph H. Wells is to be asked to serve as the second member of the panel. Mr. Stevens referred to lots 42 and 43 Hillcrest Street and reported that he had -written to the Building Zoning Inspector stating that in his opinion the building per- mit was improperly issued under the Zoning By-law and should be revoked. Mr. Stevens retired at 9:55 P.M. Notice was received from the Town of Burlington re hearing to be held May 28th at 8:00 P.M. upon application of Thomas Quinn Company to keep and store 2,000 gallons Gas hearing of gasoline and 2,000 gallons of Diesel fuel oil in un- Burlington derground tanks on Adams Street, Burlington. The Chairman read a letter from Mr. R. H. Gutteridge, 2 Watertown Street, complaining about a dog owned by Mr. Arthur Brooks, 4 Watertown Street. Report of investigation made was received from Frank Mowat, the Dog Officer. The hairman was authorized to advise Mr. Gutteridge that an investigation was made by the Dog Officer and it was learned that Mr. Brooks does make an effort to keep his dog restrained and as a result of the interview with Mr. Brooks no further difficulty should be encountered. Letter was received from received from The Woodhaven Block Association advising that the proposed block dance dance . scheduled for June 9th will be held in the area of #36 and #41 Normandy Road. The Chairman read.a letter from Mr. Carroll advis- ing that William R. Rosenberger has resigned as a mem- Resignation berof the Cary Memorial Library Addition Building Committee, effective immediately. Letter was received from the Chief of Police re Special appointment of additional Special Police Officers. Police Upon motion of Mrs. Morey, seconded by Mr. 'meeker;, Officers it was voted to appoint the following Special Police Officers for terms expiring March 31, 1957: Edward Krevis 26 Preston Road Civil Defense 474 Robert Prescott 6 Forest Street Civil Defense Samuel E. Gazan 112 Bertwell Road m n Augustine D. Murphy 91 Ferry Street Lincoln Laboratory Lawrence (Wood Street gate Form letter was received from Bert A. Roens, Mental Assistant Superintendent, Arlington Public Schools, in Health reference to the organization of a Mental Health Aesoci- Association ation in the Bedford, Concord, Lexington, Woburn and Arlington area. Mrs. Morey mentioned the Counselling Service in Lexington and said it might be well to obtain the at- titude of.the School Department on this. The Clerk was instructed to place the subject on the agenda.for next week's meeting. Notice was.received from the D.P.U. re hearing to be held on petition of the Middlesex & Boston Street D.P.U.. Railway Co. for certificate to operate motor vehicles hearing inthe Town of Lexington in both directions on Route 128 between Bedford Street and the Lexington -Waltham line including ramps at exits 36 and 37, at Bedford Streets exits 38 and 39, at Marrett Road exits 40 and 41 at Concord Turnpike. It was agreed that some publicity should be given the subject in the local paper. Use of Upon motion of Mrs. Morey, seconded by Mr. Tucker, hall it was voted to grant permission to the Sun Valley Garden Club to use Estabrook Hall on May 23rd from 8:00 P.M. until 11:00 P.M. for a meeting. License Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign.a Sunday Movie License for the Lexington Theatre. Letter was received from Senator Richard I. Furbush Boys' requesting support of a petition to the Senate Sub -Com - Town mittee on Juvenile Delinquency in behalf of Boys' Town of Mass. The site under consideration is the former Naval Air Station at Squantum. The Board was more or less in favor of the project but Mr. Tucker was opposed to the proposed location. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to reappoint Mr. R. L. McQuillan a member Appointments of the Board of Health for a three-year term expiring 1 4 1 iib June 1, 1959 and to re -appoint Roy A. Cook as Forest War- den for a term expiring June 1, 1959. Appointment of a member to serve on the Board of Appeals was held over until the next meeting of the Board at which time each member will submit two names Appointments as candidates. The Chairman suggested Carl F. Lanquist and Paul Hannah. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign an order for the construction of a sewer in Fletcher Avenue from Hayes Lane southwesterly approximately 565 feet, and to construct a sewer in Henderson Road from Burlington Street southwesterly approximately 585 feet to Blake Road. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign an order for the construction of Sidewalk an asphaltic concrete sidewalk on the southwesterly Order side of Massachusetts Avenue from Bowker Street south- easterly 71.4. feet. Mrs. Morey gave a brief report of progress re the School Sites Committee. Sewer Orders Mrs. Morey presented draft for.the purpose of discussion of an article for the warrant to add a by-law to govern playground and recreation centers, together with an anAlysis of governing statute. It was agreed t o have suffieient copies mimeo- graphed to send to the members of the Board, Rec- reation Committee and the School Committee. The meeting adjourned at 11:00 P.M. A+ true record, Attest: cu iv e/iZlerk,( Seleet Recreation 6 SELECTMEN'S MEETING May 28, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 28, 1956 at_7:30 P.M. Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to elect Mr. James as Chairman for the evening. Upon motion of Mr. Tucker, seeonded by Mrs. Morey, Cert. of it was voted to sign a Certificate of Incorporation, Inc. on behalf of Albert M. Pacifici, 353 Lincoln Street; satisfactory character reference having been received from the Chief of Police. Mrs. Morey reported that Mrs. Florence Bernier Liberty would like a letter from the Board approving action of Bills the Town Celebrations Committee authorizing her to handle the production, sales and distribution of the Liberty Bills. The Chairman reveiwed the report of the last meeting of the Committee and it was decided to advise Mrs. Bernier that the Selectmen have no objection,rbut it is to be clearly understood that no obligation whatever is to be incurred on the part of the Town and any profits realized are to be turned over to the Lexington Historical Society. Mr. Stevens retired at 8:05 P.M. Mr. Ernest J. Crerie, Chairman of the Recreation Bids Committee, net with the Board for the opening of bids reconstructing and re -surfacing two tennis courts at the Center Playground. Bids were opened by the Chairman and read as, follows: P. J. Joyce & Son, Inc. Reconstructing according to specifications $5,790.00 Erecting fence w w w 1,075.00 Re -surfacing " ° '" 825.00 1 1 477 Dennis Driscoll & Co, Incl Reconstructing according to specifications $5,974.00 Re -surfacing '" '" 1° 1,750.00 Richard White Sons, Inc. Re -surfacing according to specifications 1,825.00 M. E. Hennessy Co. Inc, Re -surfacing " ^ 'TM 1,900.00 Baker & Company, Inc. Reconstructing w "' 6,830.40 Vulcan Construction Co. Rebuilding It " '" 6,490.00 Mr. Crerie requested the Board of Selectmen to take the bids under advisement, as the Committee has had nothing but grief with the low bidder's work. He said he would go over the figures with the Committee and then submit its ideas to the Board of Selectmen for its decision. Mr. Crerie said he had received a draft of the Ree- reation Committee By-law and as far as he has been able By -Law to ascertain from reading it, it is strictly in line with what the Committee had in mind. Mr. Crerie retired at 8:20 P.M. The Chairman read a letter from the Board of Fire Committee Commissioners in reference to Article 45 of t he Annual Town Meeting authorizing appaintment of a committee to plan for a thirdfire station. Upon motion of Mrs. Morey,seconded by Mr. Maloney, it was voted to appoint Mr. Tucker as the Board's rep- resentative. The Chairman read a letter from Arthur G. Mitchell, on behalf of Grace Chapel Executive Board, inquiring about future, plans for Worthen Road insofar as they may affect a possible site for the Grace Chapel Church. The Chairman recalled that the road and drain were to be constructed now, It was to be a divided road and the water and sewer was going to be put in when it was demanded, Mr. Maloney said that they could go in under better- ments. The abutters now don't need it so assessments Church site 47 can be levied only on one side. ,He recalled that the taking is wider than the street will be so that it will not be necessary to dig it up for services. He said he did not think that it is now going to be a divided street. It was decided to advise Mr. Mitchell that the Board will give him an answer shortly. The Chairman read a letter from Commissioner Medical Kirkwood, Department of Publia Health, advising that Board he has designated Dr. Ralph H. Wells as the third member of a Board to determine whether or not the death of the late Howard D. Fisk was the result of an injury received in the performance of his duty as a member of the Fire Department. The Chairman read a letter from Martin A. Gilman, Dump 56 Bloomfield Street, regarding the new regulation governing the use of the dump on Lincoln Street. Mr. Gilman expressed concern relative to the Sunday hours for dumping. He said it did not seem unreasonable, in deference to the day, to ask that the dump be closed until 1:00 P.M. The Board felt that the suggestion had merit but agreed to advise him that the present hours are, for the time being, an experiment and can be changed on any day to meet the demands and wishes of the public. Further consideration was given to the bids opened last week for laying water mains, etc. Con- tract No. 1. Mr. Gayer reported that the low bidder, -ac- cording to Mr. Howard, is a very reliable contractor and he, Mr. Gayer, recommended awarding him the con- tract. Upon motion of Mrs; Morey, seconded by Mr. Tucker, it was voted to accept t he low bid of $34.,950.00 sub- mitted by E. Susi & Williams Corp. Mr. Gayer reported that some trouble has been en- countered on the standpipe bid and he would like more time to check the bids. Water mains Contr. No. 1 Rummage Sale Letter was received from Caroline G. Hodges re- questing permission, on behalf of the Hancock Church Women's Assocaition, to use the Barnes property for a rummage sale on Saturday, September 29th. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the request. 1 Application was received from George E. Foster requesting permission, on behalf of the Veterans' Or- ganizations to use Cary Hall on May 30th for Memorial Exercises. The Board had no objection. At 8:L5 P.M. Mr. Cataldo met with the Board and presented the Chairman with a letter re land taking on East Street, which he read to the Board. East St. Mr. Cataldo said he did not know if the Board un- taking derstood everything going on or not. Ten years ago the town took the land and was supposed to eiden the street and never did it. Now he is building a house and he has to get out to the street. The garage is about eight feet below East Street. He said he offered Mr. Gayer to take all the soft material out and provide the fill. He said all Mr. Gayer would have to do would be to supervise and construct it. Mr. Cataldo said he would grade it after- wards. He said he has a contractor who has been ready for a week but can't go on without a written denial from the town that they can't fill it. Mr. Cataldo said he has to let the contradto# know tomorrow morning if he can go to work or not. He said if he fills it he will notttake out the soft material. He said he would take the land back because the town has had two and a half years to make use of it. He had intended to give the land to the town for nothing. Now there is nothing for him to do. He has to fill it himself, take it back and do it the way he wants to or the town has to do something right now. The Chairman said that even if the town were to construct the street at this time the grade might be quite different from where Mr. Cataldo would like to have it. He said that the town can't construct it at this time because there is no appropriation. Mr. Cataldo said all he asked was to have it filled in and he was willing to spread the loam and seed it. The Chairman asked how much of a width he wanted to fill, and Mr. Cataldo replied twenty-five feet. The Chairman asked how much along the street, and Mr. Cataldo replied 150 feet. He said altogether it will take 1500 or 1600 yards of fill of which 000 feet belongs to the town. Mr. Cataldo said he got the fill for nothing if the town wants to go in and move it out. Mr. Tucker asked where the fill is and Mr. Cataldo replied it is about one-quarter of a mile for the trucks to r'unc:. He said he does not feel that he wants to spend $100 a day for the bulldozer after he offered it to the 479 Use of hall X81) town and it was rejected. The Chairman asked if there would be five feet of fill and Mr. Cataldo replied that after the soft material is taken out there will be about seven feet. He said he was supposed to have the fill last week but he held the contractor off because Mr. Reed said he wanted a letter. Mr. Cataldo said he wants a definite answer. Mr. Tucker asked how long ago the land was taken and Mr. Cataldo replied that it was in 1946. Mr. Tueker asked about the two and a half year period and Mr. Cataldo said his attorney advised that in eminent domain taking for toad purposes the town has two and a half years in which to construct the road or the land can be taken back. -It can't be held forever. He said he was going to fix the land and take it back. When the town builds the road, it can then take it. He said if he fixes it the way he wants to he will have shrubs where the road is, and he does not want to do anything without owning the land. Mts. Morey mentioned that his house is being built just about at the existing street. Mr. Cataldo said it is sixteen inches above the present street; that is at the high corner. He said it cost him $910 for his cellar which could be assessed as damages, but he has been trying to eo-operate. He said if his cellar were not down that extra two and a half feet, he would have a foot of water in the cellar so he spent $910 to get it up to the street. He said he hopes to move in by the first of August or the end of July. Mr. Tucker asked about the length of the strip the town took, and Mr. Cataldo said he did not know the total area. He said he -has 800' frontage between East Street and Rindge'Road. He does not know if the town took it all or not. His lot is cut out for 200' fron- tage and that is not half what he owns on East Street. Mr. Tucker asked if there are other lots there in the.same situation, and Mr. Cataldo replied that he does not want to put the farm up for building land. The Chairman said all the Board could do is to say it will discuss the subject some more, and he would hear from the Board. Mr. Cataldo said he would have to know tomorrow morning. • The Chairman said that the Baird could not give him an answer this evening. Mr. Cataldo asked if he would know by tomorrow night so he could hold his man off until Thursday. The Chairman said that the Board would make a decision this evening and let him know tomorrow Mr. Cataldo asked if, in case the town does not want to do anything, it would want to release the land CD 1 without going to Court so he can take care of it the way he wants to. The Chairman said it would be part of the consid- eration. Mr. Cataldo and Mr. Maloney retired at 9:00 P.M. Tne Chairman called Mr. Stevens, Town Counsel, and reported that he, Town Counsel, will call Mr. Cataldo tomorrow morning and discuss the matter with him and give his version of what he can or cannot do and follow it up with a letter provided the Board sends Mr. Cataldo's letter to him tonight. The letter was taken down to the Police Department for delivery to Mr. Stevens. • Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the following licenses: Lexington Theatre 1794 Mass. Ave. Sunday Movies Jesse R. Meadows 536 Mass. Ave.• Junk (renewal) 481 Licenses .Mrs. Morey referred to letter received -last week from the Assistant Superintendent of Public Schools in Mental Health Arlington relative to the establishment of a Mental Association Health Association. She saidthat she called the Chair- man -of the Counselling Service who attended a meeting there and it is a group of people trying to set this up and even if Arlington starts it, it w ould have to extend services to different towns. It will be focused on children and will be citizen inspired and not town inspired. The Town of Arlington is not backing it and not opposed to it. It is definitely the citizens doing it and is not an of- ficail Town Committee. They obtain help from the Massa- chusetts Department of Mental Health.and she wondered if it would not have to be an official Town committee in order to get money. She said she would probably attend the meeting scheduled for Thursday evening and take some- one from the organization who contributes to the Counselling Service with her. Petition was received from residents in the Reed Street area requesting more adequate sewerage disposal and, if necessary, that a Special Town Meeting be called. The Clerk was instructed to -send a copy of the petition to Mr. Gayer and request him to have an esti- mate of the cost prepared and mailed out for signatures. The Chairman read a letter from the Moore Realty Trust requesting the removal of two trees from the vici- nity of 80 North Hancock Street. Sewer Trees 482 It was agreed to advise Mr. Moore that after the Planning Board has held a public hearing and the sub- division plan has been approved, the Board will con- sider his request. Copy of letter was received written by Mr, Gayer Access Rd. to H. G. Gray, Chief Engineer, Massachusetts Depart- ment of_Publie Works, regarding the access road in Lexington connecting Wood Street to Route 4. MrAaieB reported that he talked with Mr. Gray to- day'cand there is to be a meeting next Monday at 11:00 A.M. Mr. Gray did say that if,possible, there is no reason why the Access Road cannot be inched away from the intersection. Mr. Gayer said he feels the State should make the final decision, but he wants to point out to them that for safety it should be considered. Sidewalks Mr. Gayer reported that the State will know some- thing more about sidewalks around the first of July. Mr, Gayer retired_at 9:45 P.M. Mrs. Morey reported that Mrs. Holt and Mrs. Dane Trustees have removed the bird collection from Cary Memorial Room Building and the room is now at the disposal of the Selectmen. She said Mr. Holt said it was up to the Board to decide what is to be done with the room. She said it could be used finery nicely in conjunction with Cary Hall when there is an entertainment there, and also could be used by many group meetings who now use the Selectments Room. She mentioned the lack of _space in town for women's groups, girl scouts and P.T.A., all of whom meet during the day. It was agheed that Mrs. Morey should discuss the subject with Mr. Worthen, one of the trustees. Memo was received from Mr. Irwin, Building In - Bldg. Permit spector, of existing and proposed permit fee schedule. Fees The Chairman explained that Mr. Irwin had com- bined several categories into a single category in the new schedule, but the fees are the same. The Board had no objection to the change, but would like to know how these rates compare with other towns and the Clerk was instructed to bring the subject up at the next meeting. The meeting adjourned at 10:00 P.M. A true record, Attest: exec ive rk, (Selects*.. 1 BIDS ON TRUCK MOUNTED, TRENCH HOE June 4, 1956 Sealed bids for truck mounted, trench hoe were opened by Mr, Gayer, Superintendent of Public Warks, and read as .follows: P'esco Equipment Corporation Insley Truck -Mounted Trench Hoe, Type K-12 Trade-in, Austin -Western, Model SR77 Grader .. Net delivered Terms of payment: Net next Town payday. Delivery: Approximately 3 weeks ,Field Machinery Company New Michigan Model TMDT-16 F.O.B. Lexington Allowance, Austin -Western Model 77 Grader Delivery: One day from Cambridge stock Terms: 1% 10 days Alternate Bid New Clark Michigan Model T-20 Allowance used Austin -Western Model 77 • Delivery: Four to six weeks • Terms 1% Ten days Clark Wilcox Co. Bucyrus -Erie Model 15-B Allowance, Austin Western grader Delivery: 2 weeks subject to prior sale Terms: 2% cash town payday Powered Equipment Corp. Lorain MC110 -Allowance, Austin -Western, Model 77 Terms: 2% First Town pay day Delivery:: 2-4 weeks *19,895.00 1,000.00 18,895.00 22, 200.00 2 0.00 1.,9 0 26,750.00 11750.00 25,000.00 27,700.00 1,500.00 ,200.0 22,093.00 2,093.00 20,0 .00 483 484 Hedge & Mattheis Company Model 105T American, 6 x 6 carrier Allowance on grader Alternate Bid Same machine, 6 x 4 Allowance on grader Delivery 120 to 160 Saiidberg Equipment Co, Model 1014, Upper Basic Machine Allowance, Austin -Western 77 grader Alternate Bid carrier day s Model 1014, Upper basic machine 1/2 yardhoe Allowance, Austin -Western ?7 grader If front wheel drive is desired, add *1500 Terms: Net Delivery: Approximately 3 weeks from receipt of order Builders' Equipment & Supplies Company Lima Type 24-T Allowance, Austin Western Model 77 F.O.B. Lexington Delivery: 6 weeks subject to prior sale H. F. Davis Tractor Company Quick -Way Model 105-A including trade-in Terms: 1% - 10 days Delivery: One unit currently in stock, subject to prior sale. Complete unit from factory in appro±imately two weeks. $26,240.00 2 0.00 2 ,000.00 22,600.00 2,000.00 20,500.00 19,780.00 ?,100.00 17,680.00 20,555.00 2,10040 18',455.00 36,000.00 1,000.00 35,000.00 16, 500.00 Shanahan Equipment Corp. New Model Trade in, Net Delivery: 155 P&H 1/2 cu. yd. Austin -Western Model 77 Approximately two weeks, 26, 375,00 1,000.00 375.00 sad 1 485 Alternate Bid P & H Model 55 16,180.00 'trade in, Austin Western Model 77 1,000.00 Net 15,480.00 486 SELECTMEN'S MEETING June 5, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, June 5, 1956 at 7:30 P.E. Chairman Reed, Messrs. James, Maloney and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Mr. Tucker arrived at 9:10 P.M. Mr. Mahon, representing the Boston Edison Company, Pole location met with the Board relative to a j/o pole relocation on Ledgelawn Avenue. He explained that the petition did not require a hearing. Two weeks ago the Boston Edison Company pre- sented a petition on Ledgelawn Avenue and the pole loc- ation was to abut the line. After he left the hearing, Mrs. Hodges, an abutter who was present, told him that there was a five foot drain on her property. The plan did not indicate it and he checked with the Town Engineer the next day and found that she was'correct. There is a ten foot drain; five feet on either side. Inasmuch as a public hearing was held and the petition granted, the company Is now in with a petition to relocate, on paper, the pole which is a foot or two off the drain. He ex- plained that this will keep Mr. Carroll's records in order. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to approve the petition and sign the order for the following pole location: Ledgelawn Avenue, approximately 280 feet west of Hamilton Road, One pole. (One existing j/o pole to be removed.) Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for permission to locate nine poles on Liberty Avenue. Mr. Mahon explained that this is a case where the pole locations are established and the petition is presented because the street has now become a public way. He said that the poles are not actually being moved, but the company is validating them as being on a public way. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole locations: 1 487 Liberty Avenue, northwesterly side, approximately 15 feet northeast of Ledgelawn Avenue, 1 pole. Liberty Avenue, southeasterly side, approximately 180 feet northeast of Ledgelawn Avenue, one pole. Liberty Avenue, northerly side, easterly from a point approximately 50 feet east of Braemore Terrace, seven poles. Petition was received from the Boston Edison Com- Pole pany and the New England Telephone and Telegraph Com- location pany for -permission to relocate one j/o pole on Hilltop Avenue. Mr. Mahon explained that this is a pole to be re- located to clear a driveway. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole location: H illtop Avenue, approximately 380 feet southeast of Kendall Road, one pole. (One existing j/o ple to be removed.) Mr. Mahon retired at 7:35 P.M. Mr. Stevens, Town Counsel, met with the Board. Mr. Gayer referred to bids received May 21st for painting the standpipe and recommended awarding the contract to Angro Painting Service, the low bidder, He reported that Whitman & Howard have investigated and is satisfied that the company is reputable. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to award the contract for preparing the surfaces and painting steel standpipe, Contract No. 2 to Angro Painting Service, the low bidder, for $2,770.00. Contract No. 2 Letter was received from Western Real Estate Trustees advising that on June 1, 1956 the -property Parking area located at 1733-1753 Massachusetts Avenue, was con rent Veyed to the Trustees of the Real Estate Investment Trust of America. Future rent payments are to be made to Real Estate Investment Trust of America, care of Minot, DeBlois & Maddison, 2914. Washington Street, Boston. The rent mentioned is $1.00 per year paid in connection with the so-called Edison Way parking area. The Chairman read a copy of Mr. Stevens' letter to Ralph D. Cataldo in reply to his letter of May 23, 488 1956 relative to land taking on East Street for road purposes. The Chairman read a letter from Mr. Stevens, to - Chap. /45 gether with copy of Chanter 145 of the Acts of 1956, Acts 1956 which was approved on March 5, 1956 and becomes effec- tive 90 days thereafter. This Act amends Chapter 4.1 of the General Laws by inserting a new section 23A that expressly authorizes the Selectmen to appoint an executive secretary for a term of one or three years, subject to removal at the discretion of the Board. It provides for the establishment in the Town of the of- fice of Executive Secretary to the Selectmen and the town may by vote or by-law authorize and empower the Selectmen to appoint an Executive Secretary. Upon motion duly made and seconded, it was voted Engineering to sign Contract for Engineering Services (Contract Contracts No. 1956-1) between the Town of Lexington and Wnitman & Howard, Inc. for services in relation to construc- tion of about 11.,000 feet of water main extensions, with all appurtenances, in Waltham. Street, Concord Avenue and Webb Street, full compensation 7% of the total cost of construction. Upon motion duly made and seconded, it was voted to sign Contract for Engineering Services (Contract N9. 1956-2) between the Town of Lexington and Whitman & Howard, Inc. for services in relation to construction of about 5,000 feet of sewers in Richard Road, Fletcher Avenue, Pinewood Street, Pollen Road, Cedar Street, and Spencer Street; and of about 2500 feet of drains in Payson Street, Justin Street, Locust Avenue, Tower Road and Tavern Lane, full compensation 10% of the total cost of construction. . Upon motion duly made and seconded, it was v oted to sign Contract for Engineering Services (Contract No. 1956-34 between the Town of Lexington and Whitman & Howard, Inc. for services in relation to street con- struction, including all utilities such as sewer, water and drain work, in Bernard Street, Calvin Street, Donald Street, Eldred Street, Ivan Street, Blake Road, Grape- vine Avenue, Daniels Street, Nichols Road, Pearl Street, Arcola Street, Milk Street, Rowland Avenue, Wallis Court, Jackson Court, Henderson Road and Forest Street, full :compensation 10% of the total cost of construction. 'Se contract was delivered to the Town Accountant for his files. 1 489 Mr. Stevens presented a layout of the Ross prop- Rodd eity, together with original proposed layout across her development property. He explained that an attempt was made by & sewer line Whitman,& Howard, at the request of Mrs. Ross' attorney, 14r. Thomas, to lay out the land in lots with the hope that the sewer would go along the lot boundaries. If that were done and the Planning.. Board would approve the layout, she was not going to sue.- He referred to a sec- tion on the plan and explained that the attempt did not wbrl# because of difficulties in grade. He then referred to another possible layout which might work but there she does not connect to any road. He stated that it was proposed that the Town consider laying out a street, indicated on the plan, as a town road. However, Mr. Gayer felt it would be very expensive because of ledge. He then explained another way and said that Mr. Snow insisted that the grades Whitman & Howard had were not right. They were checked and found to be incorrect. He said that there is nothing that the Plan- ning Board has indicated as even primary approval on this side of Constitution Road. He said he had this evening a taking plan from the Lloyd land down to Constitution Road, and that the only way, according to them is to lay this out with lots coming down here (indicating on plan) and if that is so, one lot will have a sewer line through it so the town may be in for damage for one lot. He said he had the signature page ready and Whitman & Howard is going ahead to make its study. At the same time they are doing a layout for Mrs. Ross so it will probably come in to the Planning Board for approval at the same time the taking plan is ready. The contractor is very anxious to go in there and cut. He said he talked with Mr. Thomas and he said it was all right with Mrs. Ross for the contractor to go in and.do his clearing. As long as he stays within the easement the town is going to take they will not make any claim for damages but will reserve their claim for damages by eminent domain. He said it seems sensible to have the contractor go in there and cut. Upbn motion of Mr. James, seconded by Mr. Maloney, it was voted to signa taking by eminent domain of an ease- ment for conbtruction of sewer through land owned by Eleanor M. Rosa.. Letter was received from Mr. Stevens re drainage easement, Lots 8 and 9 Winter Street. In 1948 the Town received by grant from Lottie M. Kendrick a drainage easement extending along a portion of the common boundary of.lots 8 and 9 winter Street; subsequently William H. Sullivan purchased the lots, and desiring to combine them into one lot for building purposes and to place a Drain St. Easement abandoned 490 house in the location that would include a portion of the easement, he granted a new drain easement to the Towns Under Article 34 of the 1956 Annual Town.Meeting the Selectmen were authorized to abandon the earlier draifi easement that had been granted in 1948. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to abandon and release the drainage ease- ment granted in 1948. The original of the instrument is to be delivered to Mr. Gayer, Superintendent of Public Works, to be forwarded by him to Mr. Sullivan. A copy is to be re- tained for his files and a copy is to be filed with the Selectmen. In lieu of Mr. Stevens' letter of May 28, 1956 re Abatement water betterment account no. 890 -Biagio Cacciola, upon motion of Mr. Maloney, seconded•by Mrs. Morey, it was voted to abate the water•betterment assessment levied against Biagio Cacciola in the amount of $420. Mr. Stevens retired at 8:25 P.M. Mr. John J. Byrne, Jr., Plumbing Inspector, met with the Board. He said his problem was simple and Plumbing all he wanted was for the Board to reconsider action Inspector's taken in regard to his vacation. He stated that he is vacation in Winchester in the morning and arrives at Lexington at 11: 30 in the morning. He said Winchester gives him two weeks' vacation and if he is denied a vacation in Lexington, it will leave him in an unusual position. He said he would like the Board to reconsider action whereby it reduced his budget by taking out two weeks' vacation allowance because it considered him a part- time employee. He reported that he is in Lexington every day from: 11:30 A1.M..until 12:30 P.M. at which time he goes out on his rounds. The Chairman asked if there had been *120 in the budget and Mr. Byrne replied in the affirmative ex- plaining that it was to pay for a substitute. Mrs. Morey asked if he had a substitute available and he replied in the affirmative.. He said that he be- longs to the N. E. Association of Plumbing Inspectors and if one can't substitute for him,.he can always get another. He said it is extra work for them and they should be paid. -.Mrs. Morey.asked about the length of his day and he stated that he arrives in Lexington at 11:30 A.M. and remains until noon. He then takes about fifteen or twenty minutes for lunch and goes out on calls. Some days it may only be an hour or an hour and a half and other days he is here until four o'clock. Mrs..Morey asked if he had to inspect plumbing in all the new houses and he replied in the affirmative. 1 491 Mrs. Morey said she would think that would keep him going all day. Mr. Byrne said that the job is either right or wrong and it is not necessary to stand around talking. He assured the Board that he spends a good deal of time in Lexington and travels a great many miles, The Chairman said that the Board would consider .his request. Mr. Byrne retired at 8:35 P.M. Mr. James explained that the only reason the amount was deleted was because the Plumbing Inspector was con- sidered a part-time employee and this is the first case of this type of which he is aware. Mr. Maloney mentioned that he was appointed under Civil Service -so could not be.considered a part-time employee. He said that he is doing all the we rk that is required of him. Mr. Reed said as he recalled it, the budget was re- duced because he was considered a part-time employee. He.said if Winchester gives him a vacation he is tied up in Lexington. Mrs. Morey pointed out that he could take a Vaca- tion without pay and Mr. Gayer said he thought he was trying to be fair with the town. The Chairman recommended replacing the.$120. He explained that the vacation salary would have to be paid out of the Personal Services budget and a request will have to be made at the end of the year for the Appropriation Committee to make a transfer from the Reserve Fund. Mr. Maloney said he thought if the Board explained the situation to the Appropriation Committee a transfer would be approved. Mr. James said that the money could be appropriated if a Special Town Meeting is held. Upon motion of Mr. James, seconded by Ms. Morey, it was voted.to continue to pay Mr. John J. Byrne, Jr. at the rate of $60 per wedik. Mr. Gayer retired at 84.0 P.M. The Chairman read a letter from the Board of Fire Commissioners advising that they will go along with Physical medical examinations as suggested by Dr. Leary. On Examinations all future appointments to the Fire Department they will for Fire Dept see that the record of•medical examination is carried out. The Chairmanwas authorized.to acknowledge the letter and state that the Board is pleased to learn that examinations are to be held before any future 49 Dog Warrant :appointments are made to the Fire Department. Memo was received from the Town.Celebrations Committee listing sixteen suggestions to be con- sidered by a future committee. The suggestions are to be referred to the new Town Celebrations Committee when appointed. Upon motion of Mr. Maloney, seconded by Mr. Morey, it was voted to sign the Dog Warrant for 1956 to be directed to Officer Mowat, Dog Officer. The Chairman read a letter from the American Red Cross, Lexington Chapter, inviting the Board to the Red Cross annual meeting on Wednesday, June 6that 8:00 P.M. Meeting Mrs. Morey will be present at the meeting.and also represent the Board. The Chairman read a letter from Fred C. Newhall, Group Life Treasurer of the Lexington Savings Bank, advising Insurance that low cost Savings Bank Life Insurance is now available to municipal employees as group insurance. The Chairman was authorized to advise Mr. Newhall that this type of insurance has been discussed by the Board several times,but inasmuch as the employees have never manifested any interest, no action has been taken. If and when such coverage is desired and the Board is ready to consider it, Mr. Newhall will be given an opportunity to present whatever information he has on. the subject. Letter was received from Mr. Carroll, advising Committee that the Town Moderator has appointed the following individuals to serve on the Historic Document Com- mittee, authorized under Article 35, -March 26, 1956; Mrs. John P. Bevan, Winthrop H. Bowker, Rear Admiral Kendall S. Reed, James M. West and -Edwin B. Worthen, Jr. Letter.was received from Mr. Carroll, advising that the Town Moderator has appointed Mr. Lewis L. Hoyt Committee and Mr. Robert E. Meyer to serve on the Cary Memorial Library Addition Building Committee. These two ap- pointments are to fill vacancies caused by the resig- nations of William R. Rosenberger and Roger M. Coquillette. Upon motion of Mr. James, seconded by Mr. Maloney, Bond it was voted to approve bond No. F-141736 in the amount of $2,000 on behalf of James F. Mowat, Constable in the Town of Lexington. Uses of hall Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the following uses of halls: 1 Lex. High Senior Class Lex. High Senior Class Lex.°High Senior Class Cary June 8 Cary June 10 Cary June 13 Dance Baccalaureate Graduation 493 Uses of hall Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant a Sunday Movie License to the Lexington Theatre. Upon motion duly made and seconded, it was voted to approve changes in the present schedule of fees charged Building fees for building permits, as suggested by the Building In- spector, as follows: Minimum fee for permits Maximum fee for permits Estimated cost over $2,000 Renewal of permits —valuation over $10,000 valuation under $10,000 2.00 1,000.00 1.00 per M 5.00 Renewal of permits - 2.00 Demolitions Moving of buildings 2.00 2.00 Upon motion of Mrs. Morey. seconded by Mr. Maloney, it was voted to appoint James A. Harding, Jr., 1t. High- Appointment land Avenue, an Associate Member of the Board of Appeals for a term expiring March 31, 1957. The Clerk was instructed to send a list of the members of the Town Celebrations Committee to the mem- Committee bers of the Board; a new committee to be appoineed at the next meeting. Mrs. -Morey reported that she spoke to Mr. Edwin B. Worthen_ Trustee of Cary Memorial Building, in re- Trustees gard to the use of the Trustees Room on the second Room floor. He reacted favorably and stated that the uses Cary Bldg. as suggested by the Board would be fulfilling the puu- pose for which the building was intended. He would like to have the painting moved from its present loca- tion to the large wall where the Tilton collection of birds was located until recently moved. The Chairman reported that he needs someone to Community serve on the Executive Board of the Community Council. Council Suggestions are to be considered at the next meeting. 494 Accidents It was decided to have the room thoroughly cleaned, the painting relocated and then ask the Trustees for funds to purchase additional chairs. - Mr. Tucker reported that Frank Samuels, Wood- haven area, called him and suggested placing the ear involved in the fatal accident at Marrett Road and Massachusetts Avenue on the lawn in front of Cary Memorial Building with a sign stating that one person had been killed in the car. It was agreed to write the State re maintaining a very dangerous corner at Massachusetts Avenue and Marrett Road, Route 2, and ask that serious considera- tion be given to correct the dangerous hazard now existing and urge that an effort be made to reduce the accidents and make the location safer for vehi cular traffic. Mr. Tucker agreed to call Mr. Samuels and advise him what the Board has in mind. Mrs. Morey referred to request received last week Tree for removal of two trees at 80 North Hancoek Street. removals She reported that there is no way the proposed de- velopment will be stopped. The subdivision was con- sidered last evening by the Planning Board and prob- ably will be approved. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to post the -two trees, mentioned in Mr. Mark Moore+s letter, for removal and also explain to Mr. Brenton that it may be necessary to remove one other. The meeting adjourned at 9:35 P.M. A true record, Attest: 1 1 r SRLRCTMENIS MEETING June 11, 1956 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday evening, June • 11, 1956 at 7:30 P.M. Chairman Reed, Messrs.. James, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr Gayer, Superintendent of Public Works, and Mr. Consilvio, representing the New England Telephone Manhole and Telegraph Company, met with the Board.. location Hearing was declared open upon petition of the New England Telephone and Telegraph Company for per-.. mission to locate one manhole on Massachusetts Avenue, southerly from Pelham Road, Mr. Consilvio explained that permission is being requested to place this manhole int he sidewalk. He said -that the present manhole is plugged and fully loaded with wires, connections, etc. The conduit is already located. Upon motion of Mr, Tucker, seconded by Mr. Maloney, it was voted to grant the petition and sign the Order for the following manhole location: Massachusetts Avenue, from approximately .356 feet southerly from Pelham Road, one manhole. Mr. Consilvio retired at 7:35 P.M. Mr. Stevens, Town Counsel, met with the Board. Petition was received from the Boston Edison Com -Pole pany and the New England Telephone and Telegraph Com- Location pany for -permission to locate one pole on Massachusetts Avenue, southeast of Bow Street. Mr. Gayer said the only question he has is whether or not the location of the proposed pole fits in with what is already there. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the petition and sign the order, subject to approval of Mr. Gayer. The Chairman read a letter from Charles M. Blake Defective advising that Mrs. Blake fell on the sidewalk in front sidewalk of Lexington Trust Company and received a sprained right ankle, a bad bruise and laceration on her left knee. The letters stated that examination shows sev- eral defective spots in the sidewalk. 495 496 Bids on tennis court Contract Mr. Gayer reported that there were several bad spots which have all been taken care of; the little holes and cracks having been filled. Mrs. Morey reported that s. Blake has been to a doctor and is going again Wednesday. Mr. Blake informed her that he is notagoing to sue, but said something should be done. The Chairman read a letter from Mr. Crerie,, Chairman of the Recreation Committee, advising that the Committee has reviewed the bids for reconstruc- tion of two tennis courts and resurfacing two tennis courts and requests that the bid be awarded to the second lowest bidder. The reason for the request is based upon unsatisfactory performance in the past by the low bidder.. Mr. Maloney recalled that the last bid awarded to P. J. Joyce, the low bidder, Baas after Mr. Burns had some conversation with him about his work. Mr. Stevens advised that the Board of Selectmen could vote to reject the bid on the grounds the bidder is not qualified in view of the fact that the tennis . courts he has constructed have not been satisfactory. Before arriving at a decision, the Roard would like an opportunity to view the specifications par- ticularly .in reference to. the fence mentioned in Joyce's bid but not referred to in the other bids. Mr. Gayer agreed to obtain the desired informa- tion and submit it to the Board next Monday evening. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to sign contract, prepared.by Town Counsel, between the Town of Lexington and E. Susi & Williams Corp. for laying water mains, etc. Contract No. 14 All copies of the contract .were taken by .Mr. Stevens. The Chairman reported that the Board has no appointments for Monday, June 18th, and suggested devoting the evening to viewing tax title property on whieh offers -have been.received. He said a de- cision could also be made on the tennis court bids the same night. A regular meeting would be held the following Monday and then the Board could go on its summer schedule of meeting every other week dur- ing July and August. The members of the Board agreed to the suggestion. Mr. Gayer reported that he is down to $20,000 on the parking lot and owes Brox $1386.00..He said he 1 will also need $800 for the fence, and explained that as he understood it, the $20,000 is being held in an- ttoipation of damages. Mr. Stevens explained that there • were two sepa- rate appropriations; one for acquisition and one for construction. Mr. Maloney said that the subject was discussed, a long time ago and a decision made before work was started. The Chairman recalled that Mr. Burns thought there was money available. Mr. Gayer explained that $1,998,52 has been spent to date on construction.. The Chairman said that this would have to come in as an unpaid bill for the Annual Town Meeting. Mr. Tucker asked if the contractor would have to wait untill next Springfor his money and Mr. Stevens said that it could be requested at a Special Town Meeting. Mr..Maloney said he thought the contractor should be paid. The Chairman suggested a transfer from the Re- serve Fund and wait until an appropriation is made for the fence. Upon motion of Mr. • Tucker, seconded by Mr. Malon▪ ey, it was voted to request the Appropriation Committee to transfer the sum of $1,386.00 from the Reserve 'Fund'to the i'arking Lot Construction Account, 1955 Carryover. Mr. Gayer said that he would like to hire another mechanic. The Chairman asked if he had money to pay him and Mr. Gayer replied that he would need a transfer.. He said that he is sending out quite a lot of work which comes under Road Machinery Wages & Expenses and the mechanics are paid from Public Works Building Wages & Expenses. He said, that with the amount of equip- mentthe town owns, more than one mechanic is needed,, as many times it is necessary to pull a man in to htalp.the mechanic.. He said the town could save money by not having the work•done outside, and that Mr. Hauck Gantt be gain to handle it all. He asked if the Board is agreeable to hiring another mechanic could money be transferred from Road Machinery Account to pay , his salary, and what could be offered as a salary. Mr. Maloney asked how much equipment Mr. Hauck could take care of and Mr. Gayer replied not as much as he would like because he is not able t o.do it. Mr. Maloney said he did not think the town owned 4 Additional funds for parking area 498 enough equipment to warrant another mechanic. Mr. Gayer said that he is sending out clutch jobs and brake relining jobs. He stated that the meter reader's car burned out a bearing a month ago and - it was fixed only this week because Mr. Hauck was so busy. Mr. Maloney said that brake work is a specialty and once a mechanic is hired he becomes permanent. He said the brakes on the big trucks are too big for- the mechanic to handle and those brakes should run for five years. Mr. Gayer explained that the mechanic does not touch the brakes on the big trucks. Mr. Gayer explained that he would like to start a preventative•maintenanee program and have'eachrve hicle taken into the garage and gone over and not • wait until it breaks down as is the procedure at present. He said that the mechanic now is pulled from one job to another. He said the trucks are getting greased but they are a disgrace to the town. - He said that Mr. Hauck is a good mechanic but he just can't make the rounds and furthermore, there is some very old equipment. Mr. Maloney said that he and Mr.: Gayer very defi- nitely did not agree. He said it would cost about $10,000 a year for mechanics and said that would take care of alot of repair work. The Chairman said that this additional mechanic could probably be a mechanic and something else. Mr. Maloney said Mr. Gayer could take one of his own men but he moi -definitely would not add another man to the payroll just asamaintenance man. Mr. Gayer said that two mechanics would be a • great help during snow storms and Mr. Maloney ex- plained that he had the same problem. The Chairman said that the question is whether another full-time mechanic is warranted. Mr. Maloney said he thought Mr. Gayer should give the Board some proof that another mechanic is needed by keeping a cost account for each vehicle•. Mr. Gayer said he thought the. town could save money by a preventative maintenance program, and he has a man he can get if the Board is interested. Mrs. Morey asked if the eXtra man could be em- ployed fon something else when there isn't anything to be done in a nechanical line and Mr. Maloney sai& it would develop that there would• always be something for him to do. Mr. Gayer said that with a preventative main- tenance program there would be definite work for the man. 1 499 Mr. Tucker asked if the town had such a program at present and Mr. Gayer replied in the negative. Mrs. Morey asked how much money had been spent for repairs during the last five months.and Mr. Gayer replied that he would be able to give the Board de- tailed information next week. Mr. Gayer asked what the Board wanted to do about vacation policy. Vacations Mr. James asked if he had some people who have been away who worked for the town previously and have come back for one reason or another and why they left in the first place. Mr. Gayer said that William Mason worked for the town from 1928 to 1937 and came back in 1947. Mr, James said he has worked eighteen years and is entitled to the vacation. Mr. Tucker said he thought it should be continuous service. He said if the man left•for war work, it could be called a leave of absence. The Chairman explained that in the past, the de- partments have gone on the basis of total service. Mr. Gayer said that is the way he thought it should be done. Mr. Tucker said he understood the three weeks vacation was for faithful service and if a than. leaves the town and then comes back, he did not think he should get the vacation for faithful service. The Chairman said he would still go -along with the total years of service. Mr. Gayer said he would like the Board.to set up a policy so he can work out a vacation schedule. Mr. James said that if a man were discharged and then for some reason rehired, the first service.should not prevail. Mr, Tucker said that a policy should not be es- tablished for one or two individuals, and his thought is that the philosophy back of longer vacations is a reward for long,continuous and faithful service and he thought the word continuous important. He said not many businesses grant the extra vacation if the em- ployment• period is not continuous. He said he thought the exception would be a case where a man left to help the war effort and that should be considered a leave of absence. It was agreed to have Mr. Tucker prepare a vacation policy for the Board's consideration. Mr. Gayer retired at 9:45 P.M. Upon motion of Mrs. Morey, seconded by Mr. Tucker, 600 it was voted to sign a Sunday Movie license for the Lexington Theatre. Request was received from Edward T. Scanlan, on behalf of -the St. Brigidts Building Fund Comittee, for permission to use the Barnes property for a rum- Barnes mage sale on Saturday, June..23rd. property The Chairman was authorizedto write the Trus- tees of Cary Memorial Building, now that.the Trus- tees' Room has been cleaned, and inquire as to whether or not chairs could be provided so that the room can be used by various groups for meetings. A discussion was held relative to the appointment of a Town Celebrations Committee and the following Town tentative appointments were made; further considera- Celebrations tion to be given the subject,at the next Board Meeting. Committee 1 Bertram Gustin Bentley Hutchins. Raymond Lewis Edith Cheever Paul Poehler, Jr, Joseph Rooney Col. Albertini Maurice Gagne Melissa Williams 3 -year term 11 It tt tt tt n 2 tt tt tt tt tt tt n tt 1 tt n tt 11 It The Chairman was instructed to call these in- dividuals to find out whether.or not they would accept if appointed. Mr. Fred D. Wells was suggested as a member.of the Community Council. The meeting adjourned at 10: P.M. A true record, Attest: SELECTMEN'S MEETING June 18, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday .evening, June 18, 1956 at 9:15 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey 'were present. Mr. Stevens, Town Counsel, Mr. Gayer, Sup't of Public Works, and the Executive Clerk were also present. Letter .was received from Mr. Gayer recommending accepting the bid of $18,895.00 submitted by Pesco Bid Equipment Corporation for a truck -mounted trench hoe,. Upon motion of Mr. Maloney, seconded by Mr. James, it was unanimously voted to accept. the net bid of $18,895.00 submitted by Pesoo Equipment Corporation for an Insley Truck -Mounted Trench Hoe, Type K-12. The Chairman read a letter from the Mystic Valley Gas Company requesting permission to locate two regulator pits and necessary piping in Simonds Road. Mr. Gayer reported that he has discussed this subject with Mr. Blenkhorn, Distribution Supervisor, and the proposed pits are a safety measure. They arevalvesto regulate the pressure and are being installed in compliance with regulations of the De- partment of Public"Safety. Mr. Blenkhorn agreed to discuss actual existing mains with Mr. Gayer. The company fully intends to resurface Massachusetts Avenue from the gutter line out beyond any of the patches. Upon motion of Mr. Maloney, seconded -by Mr. James, it was voted to grant permission to the Mystic Valley Gas Company to. locate two regulator pits and necessary piping in Simonds Road, subject to approval of the Superintendent of Public Works. 501 Gas regulator pits approved Notice was received from the Boston Edison Com- pany and the New England Telephone and•Telegraph Company of removal of five j/© poles now located Pole on Wood Street, westerly from a point approximately removals 5730 feet west of Holton Road. Mr. Gayer reported that he suspects they are in conjunction with the new access highway and has no objection when it comes to removal of utility poles. oO2 Further consideration was given to bids received for reconstructing two tennis courts and resurfacing I' Tennis two tennis courts. According to the specifications Courts the fence in question was included and although not listed as a seperate item in the quotations, with the exception of Joyce, it was included in the total bid. Mrs. Morey suggested that the contract for re- constructing two asphalt courts be awarded to Driscoll if Town Counsel finds the forms in order. Tennis Mr. James said he did not think the_contract Courts should be awarded to Driscoll unless the Board was given a definite reason why Joyce is incompetent and has never constructed a clay court. Mrs. Morey telephoned Mr. Adolph Samborski and reported that there are two types of bids involved. A11 data on the subject was taken by Town Counsel. The Chairman reported that the people on Concord Avenue are disturbed about the proposed widening and Concord are interested in the width of the travelled way. -He Ave. explained that the County has made a survey which has Chapter 90 been forwarded to the State. Mr. Gayer was advised by the State that specific information will not be available until July 15th. Mr. Stevens suggested that the Board invite a representative of the area to attend a Selectmen's meeting at which time the Board could advise what ` it plans to recommend. Mrs. Morey called Mr. Gayer's attention to the East Street fact that the paved area in front of Mr. Cataldo's house on East Street is badly broken. Mrs. Morey said that since Bertwell Road has Stop sign been accepted, it has become a speedway and should Bertwell Rd.have a Stop sign. Mr. Stevens explained that the Traffic Rules and Regulations would have to be amended and approved by the State Department of Public Works. Mrs. Morey reported that Mr. French told her he would have to go on welfare if he is prohibited from Picking at picking at the dump. -Dump Mr. Maloney reported that he also called him and he tried to explain the situation to him. Mr. French contends that the trouble was lack of authority and lack of enforcement and the -b. -there were too many out- siders coming in and bothering people. Mr. French 1 claimed he could make $50 a.week picking the dump and Mr. Meadows could also make that much. Mrs. Morey asked where Mr. Kelley was now working and Mr. Gayer replied that he is at the dump. Mrs. Morey inquired about the number of Lexington pickers and Mr. Gayer said that there are three or four to his knowledge. Mr. Maloney asked how much dump Supervision was costing and Mr. Gayer replied that it is costing more money because he is keeping a man on it all the time it is open. The fill from the Worthen Road project had to be hauled by Town trucks. He said it will cost more money,no doubt, but moremoney will have to be spent to keep it under con- trol. He explained that he has spent less money so far this year than was spent last year for the same period of time. in Mrs. Morey asked if/this particular case, the Welfare Department could allow the individual to retain his truck. Mr. Maloney said that he will probably be hos- pitalized in July and therefore, there will be another month or six weeks that he will be unable to do any- thing. He suggested, and the Board agreed,;to let the matter set for awhile. Mr. Stevens reported that he has agreed to settle with the Commonwealth on the land taking for Route 128 for $1500 whish is the appraiser's figure. He ex- plained that the property the town owned had all come .through tax titles, a good many of which were not valid. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to ratify the settling of the Commonwealth claim for damages in the amount of $1500. 503 Claim Further consideration was given to a vacation policy and upon motion of Mr. Maloney, seconded by Mr. Tucker, it was unanimously voted to adopt the follow- ing policy in regard to vacations; said policy to Vacation supersede the one adopted on October 31, 1955. policy 1. The vacation period is from June first through .Labor Day. 2. Any employee having worked for the.Town the period of six months prior to September first is entitled to one week's vacation during the vacation period. 3. Any employee having worked for the Town the period of•one year prior to September first is entitled to two weeks' vacation during the 504 Sewer Order Recreation Committee vacation period. 4. Any employee who on September first has com- pleted at least fifteen years of continuous service with the Town is entitled to_three weeks' vacation, but the third week must be taken outside the vacation period unless it is convenient to the department head to allow it to be taken during the regular vacation period. 5. Any employee who on September first has com- pleted at least twenty-five years of continuous service with the Town is entitled to four week's vacation, but the third and fourth week must be taken outside the vacation period unless it is convenient to the department head to allow it of be taken during the regular vacation periods. 6. The fifteen and twenty-five year service periods mentioned in paragraphs 4 and 5 above will con- sider all military leaves of absence as part of the period of continuous service. While leaves of absence during the war years for the purpose of engaging in defence work will not be considered as interruption of con- tinuous service, the leave periods will not be included in the accumulated total years'of ser- vice. Messra. Maloney and Gayer retired at 10:05 P.M. Upon motion of Mr. Tucker, seconded by Mrs. Morey it was voted to sign a Sunday Movie License for the Lexington Theatre. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign an Order for the construction of a: sewer in Pollen Road from Pleasant Street westerly ap- proximately 490 feet. Mr. Stevens referred to the Analysis of Governing Statute in re playgrounds and recreation centers and the proposed article for the warrant to add a.By-Law to govern playground and recreation centers. Mrs. Morey recommended a Committee of six, two appointments to be made by the Selectmen, two by the School Committee and two by the Planning Board. She stated that the duties are much like those the Committee wanted when she was.a member. Mr. James retired at 10:25 P.M. Following an informal discussion on the subject, Mr. Stevens suggested that the Boards who had received copies of the data be asked to give the subject some consideration. Then the Selectmen could invite one member of each Committee or Board to meet for the pur- pose of comparing ideas. Mrs. Morey presented the Chairman with a letter, signed by Annie L. Dane, Lillian C. Holt and Abby E. Stevens, advising that they are all of the present and surviving Trustees of the Lexington Children's Museum which was organized in 1921. They voted to transfer all the Collections of birds,.shells and minerals, formerly housed in Cary Memorial Building and now located in various schools to the Town of Lexington and this letter is to constitute evidence of the gift the Town. Mr. Stevens advised that the gift"could be ac- cepted by the Town at a'Special Town Meeting in the Fall. The meeting adjourned at 10:30 P.M. A true record, Attest: ive, perk, electmen 505 Lexington Children's Museum Article to 506 VOID :C7 C'3 Cid 1 507 SELECTMEN'S MEETING June 25, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June c 5, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, James, Tucker,and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. The Chairman read a letter from Larry Doo, 31 Tree removal Cary Avenue, requesting removal of a tree on town Apron property which he claims to be in the way of a garage removal driveway. He also requested that the hardtop strip extended from the street when it was constructed be dug up, loamed and seeded": Mr. Gayer reported that Mr. Brenton looked at the tree and made a sketch of it which Mr. Gayer presented to t he Board. The tree he wants removed is a beautiful basswood and if removed, would permit him to run the driveway straight. Mr. Brenton felt he could go around it and was not in favor of having it removed. The Board preferred to view the tree and hardtop area before taking any action. The Chairman read a letter from Miss Helen Hotz, 10 Ravine Terrace, Melrose, advising that she plans to build a house on property owned by her and located between #160 and #170 Woburn Street. The sanitary sewer ends at approximately her lot line and would have to be extended about fifty feet to include her house. She was informed by Mr. Gayer that,,because of budget limitations, "he would not be able to ex- tend the sewer line until 1957. She requested the Board to authorize the extension. Mr. Gayer explained that he informed Miss Hotz that the main extension would have to go through Town Meeting and therefore she should direct her -re- quest to the Board. The Chairman asked if the funds appropriated for sewers were running close. Mr. Gayer replied in the negative and said that this Spring it was decided that any such requests should come before the Board. The Chairman suggested advising Miss Hotz that Sewer extension 008 when the main construction, proposed for this year, is completed and funds are found to be available, the Board would consider the extension. Mr. James inquired about' the size of the exist- ing main and Mr. Gayer said that it is an eight inch. He explained that, including a manhole, which will be necessary, the extension would cost approximately $350. Mr. Maloney mentioned that the manhole will be used for future developement of the sewer. Mr. Gayer said that this is about as far as the main can go because of the topography of the land.' Mr. Stevens arrived at the meeting at 7:L5 P.M. The Chairman asked if the Board wanted to approve the extension now or wait until the amount of available money has been determined. He recalled an extension on Massachusetts Avenue that has been promised. Mr. James said he would rather do extensions for `which the Board is committed and then see what money is left. The Chairman suggested waiting until after the sewer bids come in and ,said that'the Board should know within a month what money will be available. Mrs. Morey recommended advising Miss Hotz that she will have to take her place on t he list. Mr. Maloney said it might do for Miss Hotz to have the sewer extended herself. Mr. Gayer re ted that he has told her if the Town does not geti ff and she still desires the work done he would extend her the privilege of getting the work done and connecting tothe house under town super- vision. It was agreed to advise Miss Hotz that the Board would have no objection if she can arrange with the Superintendent of Public Works to have the main ex- tended herself under his'supervision. Petition was received, signed by JohnJF. Frazer Street con- and others, requesting a seperate estimate of cost for struction & installation of sewer in and construction of Hillcrest sewer request Avenue. These two items are to be discussed when the 1957 budgets are being prepared. Req. for Petition was received, signed by John J. Manning sewer and others, requesting extension of sanitary sewer to include the area from Kendall Road to Pollen Road on 1 Marrett Road. Mr. Gayer reported that Mr. Higgins, Assistatnt Town Engineer, is now making a study of the topo- graphic map and will have an answer. Petition was received from Paul A. & Violet M. Ringland, 19 Parker Street for construction of ap- proximately 70.00 feet of sidewalk. A signed peti- tion was also received from Louis W. & Kathryn L. Mead, 1 Berwick Road for construction of approximately 105.00 feet of sidewalk on Hayes Avenue. Mr. Gayer reported that he checked the budget the other day and he thinks there are funds enough to 'do these two this year. Mrs. Morey recalled that a request for coristruc- tion of a sidewalk had been received from Mrs. Baskin and was not approved. The Chairman said that the Board should not approve sidewalk construction in excess of $500 for individual requests and the ones already approved should be paid for from funds carried over. Mrs. Morey said that the sidewalk at the Belfry Club and Mrs. Robinson's never had any blacktop and asked it these two could be taken care of out of the $500. The Chairman explained that the carry over from last year could be used plus $500 of this year's ap- propriation. Further consideration was given to Mrs. Baskin's request and it was unanimously agreed to authorize construction Of a bituminous concrete sidewalk in front of Baskin's, Ringland's and Mead's houses. Petitions for installation of sewer main Cedar Street was received from Anthony J, Sanseverino and others agreeing to pay betterment assessments as pre- pared by the Supt. of Public Works. Mr. James reminded the Board that funds for this project had been appropriated at the last annual Town Meeting. Mrs. Morey asked when the work would be started and Mr. Gayer replied that it will probably be next year as the trunk line has to be finished first. Mr. Tucker presented the members of the Board with a copy of a proposed news release relative to water shortage about which complaints have been received from the Meriam Hill area and the Fair Oaks section. He 509 Sidewalks Sewer 510 said he had the seasons first complaint. He stated Water that this comes up every year and he wondered if the Board pressure couldn't do something to alleviate the conditions. Mr. Gayer explained that the Bedford Airbase drained the water tank and installed new chlorination equipment and then started to refill the water tank. As soon as this trouble appeared he asked them to hold off. In addition tothat, he had a problem at the intersection -of Forest Street and Clarke Street. There is a 16' main which broke evidently late last winter. He said possibly he was informed about it, but in any event that 16' main is still closed. He said it will be repaired and opened as soon as, posit, Bible. It should be opened up again within the next day or so. He said with that main open and•with the standpipe filled at the airbase, from what he can learn from Mr. Burns and the boys now-here,.the town should not experience too much difficulty. He stated that with these two factors coming at the same time, the pressure was short. Mr. James asked if the pressure dropped here in the Town Office Building and Mr. Gayer replied that it dropped to seventy-five pounds. Mrs. Morey asked if there were any reason why these two factors could not be expressed in t he -re- lease. Mr. Gayer said he did not see anything wrong with Mr. Tucker's thinking, but he thought the • pressure would be•alright.. Mr. Tucker said if it is not necessary, don't make any restrictions, but if anything, can be done.to give these people relief, the Board should do it. The Chairman explained last year was the first year the Board did not have to issue a release and he would just as soon hold this one in abeyance. If it is found that the situation is not improved, then release it immediately. Mr. Gayer said the last overall survey on the water system was made in 193!1• by Metcalf & Eddy. He said he understands in the long range overall planning, an additional standpipe is planned for next•year. Be- fore the standpipe site is selected, he would like to see an overall study of the water system made. Many things in the original survey were never carried out. He said the engineering department could make it up but of course they just don't have the time. Mrs. Morey inquired about the cost of such a survey and Mr. Gayer said he did not know but could find out. C sad 1 The Chairman said that an article could be in- cluded in the warrant for a Special Town Meeting. The Chairman read a letter from Mrs. Edward Olson, 534 Lowell Street, Lexington, advising that the windshield of her car was smashed by a foul ball while parked at the Center Playground, resulting in a $65 repair bill. Mr. Stevens advised that there is no liability on the part of the Town. all Damage to car Letter was received from Ray Feeley, Manager of the Lexington Theatre, in reference to recently passed Sunday Movie legislation regulating the fees charged by cities and License fee towns for Sunday entertainment licenses. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to establish the fee of.$50 for a yearly Sunday Movie license. Mr. Gayer reported that when the Dutch Elm disease came into this area, Mr. Brenton's department started to take care of trees on private property as well as town trees. The program has enlarged to the extent Dutch Elm that many town trees were being neglected. He asked disease how the Board felt about Mr. Brenton taking care of town trees first. He said the town has been removing trees from private property at no cost and it is now getting out of hand. He said he would be willing to take samples for the people to find out whether or not their trees are diseased and if so, advise them. - Mr. Stevens said that the Statute provides that officials of a town can order the trees removed and if the owner does not take them down, the town can do it, and charge them. The Chairman said as he recalled, Mr. Garrity would never take down a dead tree. He asked if an order were issued for removalof a tree and it was not taken down, who would remove it, Mr. Stevens said he would check the Statute on it. The Chairman asked if Mr. Brenton had to spend a lot of time on Parks and Playgrounds or if his time is all devoted to trees, Mr. Gayer.said that he did have to spend time on Parks and Playgrounds. The Chairman asked if thereris enough money in the budget to have someone else remove the trees and Mr. Gayer replied in the negative. He said he thought the private owners should pay. Mrs. Morey said that the town could charge one-ha]f 1 as much as Meade or anyone else and she did not think the Town should do it without charge. Mr. Maloney asked how many Dutch Elm trees had been removed this year and Mr. Gayer replied that for a guess he would say over one hundred. Mr. Maloney said the Board should know how many trees were taken down on private property and how many on town property. Mr. James said he thought private property owners should take down their own trees and apparently there is some Statute to take care of it. Mr. Maloney Said the Town should take them down if they don't, and then bill them. Mr. Gayer agreed to find out the number of trees re- moved this year on private property and also the number on town property. Mr. Stevens referred to the .Seabury land adjacent to the Maria Hastings School and said that on_the plan circulated before the meeting.he showed the land as divided in three parcels. The offer was to transfer a two and one-half acre piece to the town in return for the grant of a sewer easement. It came before the Planning Board two or three weeks ago and Mr. Snow was upset because he understood the town was going to get all the land adjacent to the school lot. He said he thought Mr. Snow felt strongly that the town should have it. Mr. Stevens reported that Mr. Groden called him today and has been all over this with Mr. Snow. Mr. Seabury is not it a position to give all the land, ;,approximately six and one-half acres. Mr. Groden pro- posed that the town be given the acre_on Massachusetts Avenue p a.two and one-half acres in the proposal and then userthe three acre piece, making a deal with Grigor to exchange some land. The balance might be two and one-half acres and be proposed selling it to the town for whatever value a competent real estete man put on it. Mr. Stevens said he thought if they were going beyond what was proposed at Town Meeting the proper approach would be through the School Com- , mittee since it is in charge of the land and they could make their recommendation tot he Board of Selectmen. Mr. Stevens said that he has a letter from Mr. Greeley in reference to the.ventilating system in Cary Memorial Hall. The Chairman reviewed the subject briefly and said that Kimball quoted a figure of $1500 to put 1 it in working condition, Five residents from Conoord Avenue area met with the Board at 8:40 P.M. Mr. Adams, member of the plan- ning Board was also present. Mr. Thomas A. Sweeney, 324 Concord Avenue said that a large percentage of the feeling in regard to the pro- - posed Chapter 90 project is lack of information. Where itis an obvious hazard now the people are afraid of what will happen when it is widened. It will be a speedway, dangerous for the Children. The Chairman explained that the plan for widening Concord Avenue was passed in 1945, that it is a County Road for which the State pays one-half, the Town and County one-quarter. The Town appropriates the full amount and is then reimbursed..He said that over the Concord Ave. years every time an appropriation was considered for Chap: 90 widening or constructing Concord Avenue, other streets in town seemed to have priority. This year, the Board felt that the other Chapter 90 roads were completed and therefore, money was appropriated for Concord Avenue. He said the Town does not do the construction which is all done by the state, who makes the survey and lets the contract. The County has made A survey but the Selectmen do not know what the State is going to do and will not know until July 15th. He explained that the Town Engineer is recommending a twenty-four foot road which is a normal road. Mr. Caleb Warner, 546 Concord Avenue, said that many people are not so much concerened as they are in- terested in what is going to happen. They are in basic sympathy with some of the views. It is a substandard road and should become a standard road. He said the meeting is for information and not to register alarm or complaint. He said they have collected some figures on traffic. The Chairman explained that it is a main road and is now a speedway but when widened it will be a safer speedway and that is what it amounts to. He said there are many bad narrow places on Concord Avenue. The con- struction this year will not go any further than tothe corner of Pleasant Street from the Belmont line if it goes that far. One individual asked if Pleasant Street would be blocked off when the turnpike is constructed. The Chairman explained that the Town has nothing to do with that. The Chairman pointed out on the wall map where the construction is proposed for'this year and informed the 4 group that the Board would have to ask Town Meeting for additional funds for completion and at that time the people could object. He said the Planning Board may feel that this project should be held up until it is determined where Route -2 is"going. Mr. Gayer said that much fill is needed for the low area and with any normal amount of widening and construction, $20,000 will not go too far. He said it is not known what type of surface will be used. He will recommend a 3 macadam base and just seal it now. Eventually, they could put on a Type I and do the pavement all at one time. The Chairman explained that all the Town has now is a survey. All the easements were taken in 19}}5 so the land is there. Mr. Sweeney asked if the twenty-four foot width had been determined said the Chairman replied that is what the Board will recommend. Mr. Adams said that the Planning Board discussed the subject this evening. Two years ago they had a group in from Five Fields and they were disturbed about traffic. At that time the Planning Board said it hoped the entrance to Concord Avenue would be moved up to Spring Street. The Planning Board feels that the road should eventually, at the proper time, be a stan- dard road the entire length. He said there is a large sub- division in the Minute Man and one at Five Fields. There is a lot of vacant land still to come in. In order to carry the traffic from side streets, Concord Avenue should be done at the proper time. He said there may be a piece of land there for a school and streets should be wide enough for sidewalks on both sides. One individual asked if Pleasant Street would be access tot he turnpike and Mr. Adams replied that the State has said absolutely no access. The only access is Watertown Street. They have taken the land at the corner of Pleasant Street and the turnpike. Mr. Sweeney said everyone is concerned about the trees. They are on the road. The Chairman said that if they are in t he way, they will have to go but the Board usually tries to save all the trees possible. One individual asked about bringing up safety prob- lems such as patrolling the road and posting signs. The Chairman said that they might like to discuss the subject with the new traffic Committee, consisting of the Chief of Police, Town Planner and Town Engineer. With reference to the signs, he suggested that a letter be written to the Board. One individual asked if the information on easements 1 1 1 was available and Mr. Stevens explained that there is a taking plan at the Registry of Deeds which will show how far into the lots the road will extend. The group retired at 9:05 F.M. Mr. Stevens also retired. Mr. Gayer submitted bids on 10,000 feet of 3/4" Type K Copper Tubing as follows: George Caldwell John A. McDonald Co. Millard Brass & Copper Red Hed Mfg. Co. Hilco .4784 1% .4880 % .4851 et .49 % $4,736.16 4,73�.2t 4,776.00 4,851.00 4,875.50 516 Bids for copper tubing Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to accept the bid submitted by Johnkk. fcDonald .Co. Mr. Gayer retired at 9:15 P.M. Sergeant John C. Russell met with the Board. He said he was present at the meeting to talk about assignments and that do n ditions in the Police Department are very upset. He said he was losing the respect of the men because he did not stand up for his rights as aergeant. He said he has been doing patrolman's duty and he thought he could do anything that was assigned to him, bUt the men say he does not stand up as being a Sergeant. He stated that he was put in the center doing traffic duty. A patrolman rode by and asked what the stripes were for and he said he had better do something about it or they were through with him. The Chairman asked if he were referring to traf- fic duty and Sergeant Russell replied he was put on a paint truck while a younger man, two and a half years service, was in a patrol car. He said he has treated everyone right in the department but it comes tothe point if you have a foreman and pay him fore- man's wages, why not use him as a foreman. He said that he has no keys and the patrolman have, but he didn't want them anyway. He said he asked the Chief about going .out with Mike Shea and the Chief said it was an order. The Chairman asked if this was an aftermath of going out on the paint job and Sergeant'Russell re- plied in the negative. He said that he did not think he should take that job while a patrolman was available. The Chairman asked if he were assigned to a car, Sergeant Russell's Assignments 5 3 ri and Sergeant Russell replied that he is assigned to nothing; that he is the fill-in man. The -Chairman asked if he were assigned to a car and he replied in the negative. The Chairman.asked if, on this particular day, there were patrolmen there and Sergeant Russell re- plied in the negative. He said he was in the car with Officer Porten. The Chairman asked if he were assigned to the car and Sergeant Russell replied in the affirmative and said that it -even embarrasses Fof'ten; they are friends. He said he enjoys the center but he is losing the respect of the men and they claim a'man of twenty'years should get a little better break than a man of nineteen years. He said the -men are upset about the shifts. They go to -his house and discuss it. He said the men have to stand in the middle of the street and do not use the lights. . Mr. James askedlif what he was saying is' that the men are dissatisfied and Sergeant. Russell said everyone was dissatisfied. He said it could be straightened out very easily. Mrs. Morey asked how long he had been a Sergeant and he replied five years. 'He said that he has been in the department twenty-two years. Mr. Maloney asked how'the situation could be straightened out. Sgeant Russell said the way he would do it would be to We eabh senior man and ask him where he would like'to work. Then they would be satisfied, and no one could argue. Mr. James said that Sergeant Russell would put it on the basis of seniority and Sergeant Russell said that there is something more enters into it than that. -Mr. Maloney said he saw'Sergeants directing traffic many nights and Sergeant Russell said that he did not see Senior Sergeants doing it on that shift. The Chairman asked what he thought he should be doing and Sergeant Russell replied that he would do any- thing but he did not think he should be bounced around like a new man. He said when someone is sick and a patrolman is around he should -not be put in the center. The Chairman asked what he would do if a patrolman were sent up and Sergeant Russell replied that he would be in the car. Mr. James asked if he objected to being a fill-in man all over the place and Sergeant Russell said that was. correct. Sergeant Russell retired at 9:30 P.M. * If an emergency exists, he would be willing to do anything. 1 1 511. It was agreed to request the Chief to meet with the Board.at the next regular meeting to discuss the police situation. Chairman Crerie, of the Recreation Committee, Mr, Samborski, Mr. Whipple, representing the Tennis Associ- ation, Mr. Stevens and Mr. Gayer met with the Board to :Tennis discuss further bids received for resurfacing and re- Court bids constructing tennis courts. Mr. Stevens said that the Board could make an award or reject the bids. He said at the last meeting the question was raised as to whether or not the specifi- cations included the fence to determine whether or not on the bituminous courts the low bidder was Joyce or Driscoll. He explained that Mr. Gayer thought the fence was included and therefore, in the Driscoll bid which made it lower than the Joyce bid. He said that when he checked with Mr.-Samborski he was advised that there was no fence. When he read the specifications he wondered how it got there and what it meant. Mr. Crerie said he did not know how the fence got in that originally when Mr. Samborski drew up the specifications they.were drawn from sort of a composite of what had been done in the past and a few things that Driscoll brought in. Ile said that Joyce was the only bidder who bid on the fence. Mr Stevens said that the specifications were not clear. Mr. Samborski said that there was no intention of including a fence because there..is::an-appropriation for that. He explained that it was an oversight on his part and it was not intended to include the fence. He reported that he contacted Driscoll who has done twenty- five or thirty courts at Harvard. He then talked to Mr. Gayer and learned that on anything over $1,000 it would be necessary to invite bids. He explained that in his conversation with the Driscoll people it was his under- standing that the fence would not be included. The Chairman asked if the Board should request new bids and Mr. Stevens said that he did not know how the Board could tell what was in the bids. Mr. Crerie said he would like to have the Board reject all the bids, readvertise and start from the beginning. - Ar. Samborski asked if the same bidders would be invited and Mr. Stevens replied that they would not want to invite Joyce and then not award the contract to him if he were low. Mr-. Mal$ney said that if a mistake had been made, the Board 6uld start at the beginning and then there 8 would be no question about how to handle it. Mr. Crerie said he would go along with that.sug- gestion. Mr. James moved that the bids on t he two bitumi- nous courts be rejected and readvertised, to be opened at 7:30 P.M. two weeks from. tonight. Mr. Crerie said that there was such a difference in the bids for clay courts that the committee investigated. Mr. Samborski said that he asked Mr. Gibbon of the Driscoll Company, who put in the two clay courts origi- nally, how anyone could bid $825 against a figure twice as high. He said very frankly he knew of courts done by Joyce on that basis. He uses an inferior material and in many cases the courts had to be dug up and the ulti- mate cost was more. He said he checked with the Super- intendent of the Harvard fields who advised that he never heard of Joyce as a tennis court man., He is just beyond being a landscape man and does not begin to qualify as a tennis court specialist. Mr. Samborski said that the Committee was criticized last year with the dilly dallying when Joyce did the work and the results were not too good. Mr. Crerie asked Mr. Whipple to give his reaction of work done by Joyce. Mr. Whipple said that Mr. Samborski had covered it well. After a rain the courts put in by Driscoll years ago were very playable within an hour or so. The court by the swimming pool has a large hole and the.water drains in that direction and it takes several days for that to dry up. Soon after a hot spell, the court softened up to the extent that someone left a footprint there. He said he did not know if that was indicative of the construction. He said the equipment tied up there last summer was in the way and there was no need to take all summer to build a tennis court. He said, speaking for the tennis players, they would be quite upset to think that Joyce would build any hardtop courts in this town after what they have seen of the last two. Mr. Tucker asked where Joyce had built tennis courts.. and Mr. Whipple.replied that he had never heard of him. Mr. Crerie said that past experience on clay courts, has not been inducive to recommend Joyce. He said that a performance bond might control the situation. Mrs. Morey asked if the successful bidder could be required to do the work in two weeks and Mr. Crerie explained that the weather might delay the contractor and he could not be held to any specific date. Mr. Crerie said that, based on past performance, 1 519 -the Recreation Committee recommends to the Selectmen that the bid be awarded to the next highest bidder on the resurfacing. He asked if in the readvertising the other bid a performance bond could be_included. Mr. Stevens said that a. performance bond should be included and the successful bidder was supposed to furnish one. Mrs. Morey questioned awarding the bid to the bidder twice -as high if the specifications are correct. The Chairman said that it has been mentioned that Joyce has used inferior clay. If that is so, it would seem that the specifications are not clear enough as to what type of clay should be used. It was unanimously agreed to reject all the bids and incorporate a performance bond in the new specifica- tions. The group retired at 10:35 P.M. The Chairman read a letter from Mr. Carroll, ad- Bids on vising that the following bids had been received on a loan $5,000,000 loan in anticipation of revenue for a period of 139 days: Merchants National Bank 1.85% Second Bank - State Street Trust Co. 1.941 Lexington Trust Company 1.97% Mr. Carroll reported in his letter that the bid was awarded to Merchants National Bank, dated June 15, 1956 and due November 1, 1956. Letter was received from John F. MacNeil stating that ,as one of the largest insurance offices in this area, he is most anxious to be represented by a larger amount of insurance and writing them here in Lexington. No action was taken relative to changing the in- surance/now in effect. schedule Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant .the following uses of the Barnes property for rummage sales: Lexington Pre -School P.T.A. Folien Church Alliance Hancock Congregational Church Application was received, September 15th October 6th October 20th signed by Mrs. Sanborn.. Barnes property 620 C. Brown, on behalf of the League of Women Voters, requesting permission to use Cary Hall, Estabrook Hall, Trustees' Room, Conference Room and the Select- men's Room on September 26th for a Fall Conference of TheLeagueof Women Voters of Massachusetts. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the use of the rooms in Cary Memorial Building, subject to a charge of $45, and to deny the use of the Selectmen's Room. Upon motion of Mr. James, seconded by Mr. Maloney it was voted to grant a Sunday Movie License to'.the Lexington Theatre. Mrs. Morey suggested, and the Board agreed, to complete reviewing tax title. offers next Monday night, no regular meeting being scheduled. The Chairman read a memo relative to cleaning the Leutz painting in the Trustees' Room which will cost approximately $200. Mrs. Morey suggested contacting the Treasurer of the Trustees of Cary, Memorial Build- ing to inquire if there are any funds available to cover the cost of doing the work necessary. The meeting adjourned at 11:00 P.M. A true record, Attest: ive erk, e1e ctm r 1 SELECTMEN'S MEETING July 2, 1956 The Board of Selectmen met on Monday evening, July 2, 1956, a special meeting for the purpose of viewing ceveral pieces of tax title property for which offers to purchase had been received. Chair- man Reed, Messrs. Tucker, Maloney and Mrs. Morey were present. 'Letter was received from Mr. James J. Carroll, Town Treasurer, advising that the following bids were received for borrowing: $110,000 $100,000 Water Bonds, payable $8,000 on July 1 in each of the years 1957 to 1961 inc. and $7,000 on July 1 in each of the years 1962 to 1971 inc. Street Bonds, payable $10,000 on July 1 in each of the years 1957 to 1966 inc. 45,000 Sewer Bonds, payable $3,000 on July l'in each of the years 1957 to 1971 inc. 2.30% Coffin & Burr, Inc. Goldman, Sachs & Co. ) Townsend, Dabney & Tyson) Merchants National Bank of Boston R. L. Day & Co. Union Securities Corp. 2.40% Lexington Trust Co. Estabrook & Co. W. E. Hutton & Co, ) Lyons & Shafto Inc.) Dwinnell, Harkness, & Hill Inc. Weeden & Co. 21--% Bankers Trust Co. George P. Fogg & Co. 100.266 100,2199 100,198 100.177 100.028 100.368 100.3191 100.317 100.277 100.028 100.409 100.319 521 Borrowing 622 Appointments Tax title property Upon motion duly made and seconded, it was unani- mously voted that sale to Coffin & Burr, Incorporated at 100.266 and accrued interest of the following bonds of the town, namely: $110,000 2.30 per cent Water Bonds (Nos. 1 to 110) dated July 1, 1956, payable July 1 *8,000 in 1957 to 1961 and $7,000 in 1962 to 1971, and reciting that they are issued pursuant to Chepeer 44 of the -General Lawsgas amended and a vote of the town duly passed, $100,000 2.30 per cent Street Bonds (Nos. 1 to 100) dated July. 1, 1956, payavle July 1 $110,000 -in 1957 to 1966, and reciting tjat they are issued pursuant to Chapter 44 of the General Laws as amended2and a vote of the town duly passed, *45,000 2.30 per cent Sewer Bonds (Nos. 1 to 45) dated July 1, 1956, payable July 1, $3,000 in 1957.to 1971, and reciting that they are issued pursuant to Chapter 14i of the General Laws amended and a vote of the town duly passed is hereby approved. Upon motion duly made and seconded, it was voted, pursuant to vote under Article 31 of the 1956 Annual Town Meeting to make the following appointments to the Town Celebrations Committee: Bei°trm E. Gostin Bentley S. Hutchins Paul Poehler, Jr. Raymond E. Lewis Mrs. Wilber E. Cheever Joseph 0. Rooney Connell Albertine' Maurice A. Gagne Mrs. Clement N. Williams Anthony J. Rock Honorary Member,. April 30, 1959 April 30, 1959 April 30, 1959 April 30, 1958 .April 30, .1958q April 30, 1958 April 30, 1957 April 30, 1957 .April 30, 1957 April 30, 1957 - Letter was received from John A, Colinas, 36 Tourer Road offering $500 for lot 72 Tower Road and stating that he has no intention of building on the lot but would like to clear it up as it would add to.the appearance of the road. - 82.1 1 523 Upon motion duly made and seconded, it was voted Tax title that a proposal to sell the lot be advertised in the property Lexington Minute -Man and that further consideration be given the offer by the Board. It was agreed that when this lot ls sold and conveyed the deed will carry a restriction whereby no building can be erected. e The Board discussed the problem of lack of pres- sure inthe water mains resulting ina shortage in the Fair Oaks section and the Meriam.Hill section. In effort to relieve the situation, it was unanimously agreed to release the following state- ment to the newspaper: Selectmen Seek Co-operation in Water Shortage The hot weather last week, coupled with the lack of a good soaking rain for some time, has put a.burden on the Town's water system. Even though progress has been made in strengthening the system, there are still high spots which have little or no water when the service is abnormally burdened. Al though improvements have been made and are con- tinuning to be made„ the condition will not be en- tirely corrected for some time and probably not until we have an additional standpipe. In order that the townspeople living in high places may not be without water for cooking, sani- tation and fire protection, the Selectmen are ask- ing all townspeople to try out a system for stagger- ing the watering of lawns and gardens. It is a system used for many years throughout large sections of the country where water generally is not as plen- tiful as in our areas. More and more towns' in Eastern Massachusetts have adopted this system in and effort to supply sufficient water to all with a minimum of inconvenience. The Selectmen ask that those people living in houses with even numbers water only on the days of the month with even numbers, while those with odd numbered houses water only on odd numbered days of the month. Further than this, they ask that there be no watering except between midnight and 9:00 A.M. Hopefully, this will permit the maintaining of sufficient water pressure throughout the town so that none will be inconvenienced or endangered. Water • shortage i Bids on copper tubing At this time the Board of Selectmen is not mak- ing a regulation to this effect for it believes that the townspeople will be willing to co-operate and help their neighbors and friends by giving this plan a fair trial. The Chairman reported that Mr. Gayer had ad- vised him of a typographical error in the analysis of the bids for copper tubing submitted to the Board on Monday, June 25th. .The discount allowed by John A. McDonald Co. should have been 1% instead of 0 as typed, thereby making this the low bid, Upon motion duly made and seconded, it was voted to rescind the vote passed bythe Board on June 25, 1956 accepting the bid submitted by George Caldwell. It was then voted to accept the low bid of ,47$0 - 1% - *4,756.10 for 10,000 feet of 3/4`f Type K Copper Tubing submitted by John A. McDonald C. 1 525 SELECTMEN'S MEETING July 9, 1956 L regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 9, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, Tucker, James.and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Hearing was declared open upon petition of the Pole Boston Edison Company and the New England Telephone location and Telegraph Company for location of one-j/o pole on Massachusetts Avenue, northerly side, approxi- mately 195 feet west of Forest Street. Mr. Stickney, representing the Boston Edison Company, was the only person present at the hearing. He explained that the existing pole, from which they would like to feed the church, is in front of Merlin 'J. Ladd's property. If the pole can be moved fifteen feet in front of the church property, it will elimi- nate the necessity of any wire crossing and also eliminate one pole on private property out near the street. The proposed pole will be set approximately 100 feet down in back and will feed in back to the church rather than cutting across private property. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following pole location: Massachusetts Avenue, northerly side, approximately 195 feet west of Forest Street, -- one pole. (One existing j/o pole to be removed) Mr. Stickney retired at 7:35 P.M. The Chairman read a letter from Sharrilo, For- tunato & Tempone, 5 High Street, Medford, attorneys Claim for Mrs. Edythe B. Yeomans, claiming personal in- juries as a result of a fall by reason of a defect in the sidewalk at 1782 Massachusetts Avenue. Mr. Stevens explained this is just a legal notice to place a claim for damage}d. He said that the incident happened in front of Blake's and it was brought to his attention by Mr. Gayer. 526 Legacy Mr. Stevens reported that he looked at the side- walk and it did not look good as there was quite a hole there. Mr. Gayer, asked him if he should repair it and Mr. Stevens advised him to do so as it was in a dangerous condition. Mr. Stevens asked if any report had been sub- mitted by the Police Department and Mr. Gayer replied int he negative. The Chairman asked if there were other places in the center in similar condition and Mr. Gayer replied that .a survey had been made and there does not seem to be any others. Mrs. Morey asked if the police were supposed to report such conditions and Mr. Gayer explained that they do sometimes if it is brought to their attention. He said he spoke to the Chief and asked him to let the Public Works Department know when such conditions existed. The Chairman read a:letter from Warren, Garfield, Whiteside & Lamson, 30 State Street, Boston, attorneys for the estate of Maud T. Sherburne, advising that, under the terms of the will made by the late Mrs. Sherburne, a legacy is left to the Inhabitants of the Town in the amount of $25,000 to be held in trust, the income to be used for annual awards to educate and assist deserving young men and women in Lexington. Mr. Stevens reported that he obtained a portion of the will relating to the bequest and the fund is to be known as the F. Foster Sherburne and the Tenney Sherburne Fund. It provides for a committee consist- ing of the Superintendent_of Schools, Minister at the time being of the First Congregational Unitarian Society, Lyon Carter, during his life time and after his death, the Chairman for the time being of the Board of Selectmen. He said this would come for acceptance at the next Town Meeting aid be turned over to the Trustees of Permanent Funds. He said that he would follow this through. Petition was received, signed by residents of Burlington Street, requesting the installation of sewer lines to relieve sewage difficulties in this area. Mr. Gayer explained that the line would have to come down across Route 128 and over the Eldred Street area. 0 sad 1 The Chairman said that there is no sewer in the street and it is a long way across. - Mr. Gayer explained that there was a line left under Route 128, which is the only part that is done, and traced the location where the sewer would have to go on the wall map. He stated that it would be a very long and expensive extension. The Chairman.said that it'will be a long time before the sewer goes in here. Mr. Gayer said it might be extended some distance from thepresent line, -but it would not take care of all these people. The Chairman asked him to find out definitely before the petition is acknowledged. He said there certainly are no plans at the moment for a trunk line sewer over in this area. He said he would like an opinion from the Board as it would be very expensive proposition for ten or twelve people.: Mrs. Morey mentioned that if the McDevitt farm 'is selected for a school site, it might' make a dif- ference. 62 Sewer The Chairman read a. letter from Frank W. O'Connell, 975 Massachusetts Avenue, stating that he feels he has been erroneously charged 'a sewer assessment on Joseph Road in 1947 and his house is connected on Massachusetts Avenue.. The Chairman also read a letter from Mr. Gayer advising that the O'Connell property consists of one lot extending along Joseph Road from Massachusetts Sewer Avenue to Spencer Street. When the sewer was put betterment in Massachusetts Avenue in 1927, the area assessed for sewer betterments was the portion of the lot.be- tween Massachusetts Avenue and a -line parallel to Massachusetts Avenue. When the sewer was put in Joseph Road in 1947, the remainder of the lot was assessed. The rear portion of the lot cannot be used for building unless the Board of Appeals approves the shbdivision of the O'Connell lot. The Chairman said that until the Board • has some assurance from t he Board of Appeals that the lot can- not be built upon, nothing should be done about abat- ing the assessment. He asked Mr. Gayer to find out the amount of the assessment and how much of it is paid, Petitions were received for installation of 528 street. lights in Normandy Road and Stimson Avenue* Mr. Gayer agreed to contact the Boston Edison Company for the .purpose of making a survey of all street light requests and submit the company's recom- mendation to the Board for a formal vote. The Chairman read a copy of Mr. Gayer's.letter to the Planning Board regarding the subject of sewers for the proposed subdivision by Mr. Outhet located on the easterly side of Dowell Street. At the present. time a trunk sewer ends on Lowell Street at Maple Street and Winchester Drive. This has sufficient depth and capacity to service Lowell Street as far as Woburn Street and roughly 90% of the so-called Kelley development. An -existing sewer -main in Blueberry Lane could service 1/3 of the proposed subdivision. He ex- plained in his letter that he will recommend to the Board this Fall that a trunk sewer on Lowell Street be extended in 1957 toa point on Scotland Road where it can service about 90% of the proposed subdivision, if the developer still expresses a desire to go ahead at that time. He stated that he would not recommend ap- proving the' subdivision if only 1/3 of the lots can be severed as is the case at the present time. The Chairman asked how soon the developer wanted to start and Mr. Gayer replied that, according to Mr. Snow, he wants to start right away. Mr. Stevens explained that the Planning Board had asked .him if they could require the developer to put in a sewer and he said he thought they could. He stated that the Planning Board would want to know what the prospects are of ,getting a sewer. Mr. Maloney said that the 30,000 foot lots were recommended because there were no sewers available and now the developer is told that he can't use the lots because the Town might put the sewers in. Mr. Stevens said he would be told to put in septic tanks. The Chairman stated that unless the Board re ecives a request to put the sewer in, it will not be put in. Mrs. Morey said she thought the people who have /been waiting for a sewer for a number of years should V be goven more attention than they new developers. The Chairman said that by the time the Board totals all the petitions received for sewers, the Town will be faced with one of the heaviest years 1 for lateral sewers it has had for some time, and he did not think there was any justification to install sewers in areas from which no requests have been re- ceived. Mr. Stevens explained that the next step is for the Planning Board to ask the Selectmen if they ex- pect to put a sewer -in there within two or• three years. He said that the Planning Board has to notify the Board of Health. If the Board of Health writes back that it has reasonable doubt that a cesspool or septic tank will work in certain lots, the Planning Board has to insert that no building can be erected on the lots until the Board of Health has approved them in writing. The Chairman said that there have only been two or three cases where the Board has rushed a sewer in- stallation, but requests had been filed for a sewer. Mr. Stevens said that he does not know what the Planning Board has decided or what it intends to do. When a sewer is put in there are lots from which no assessment is received and it is a definite expense to the Town. He said it is conceivable the town could save money by having the trunk extended and the developer put in the sewer. The Chairman said that there are other areas in Town that are critical and he thought there would be justifiable criticism if a sewer were installed for a developer. He explained that if this particular developer wants to go ahead now, it will be next March before the money is appropriated and it will be two years before the sewer is put in. Mr. Stevens said that until the Board receives a request from the Planning Board there is no action to be taken. Further consideration was given to Mr. Doo's request for removal of a tree and hardtop shoulder from in front of his property at 31 CaryiAvenue. The Board visited the area and it was unanimously agreed to deny both requests. Further consideration was given to petition requesting extension of sanitary sewer to include the area from Kendall Road to Follen Road on Marrett Road. Mr. Gayer explained that the Engineers have made a survey and explained, by use of a sketch, that the Be& d requested extension is physically pos- sible but the cost will run into approximately 20,000. ;•29 Tree removal denied Sewer )0 DtAlessandro funds re- leased Recreation Committee By -Law Mr. Tucker suggested, and the Board agreed, ad- vising Mr. John J. Manning, who submitted the pet- ition, that it is physically possible to extend the sewer but because of the cost it is doubtful that it will be done. Mrs.Gayer reported that A. D+Alessandro & Sons are in financial difficulty and have requested re- lease of412,000 of the$16,000 being retained. . Mr. Stevens read letters from DtAlessandro and the Massachusetts Bonding and Insurance Company. He also read a letter from Whitman & Howard onthe sub- ject. Mr. Gayer said that the circumstances justified the release and he recommended it. Upon motion of Mr. Maloney, seconded by Mr. James, it was unanimously voted to release 12,000 of the retained percentage, consent of the bonding company . having been secured. At 9:30 P.M. Mr. Crerie, Chairman of the Rec- reation Committee, Mr. Grindle, representing the Planning Board and Messrs. Steele and Martin of the School Committee met with the Board to discuss a By -Law to govern playground and recreation centers. The Chairman explained that the meeting was called for the purpose of arriving at some conclusion relative to a By -Law defining the Recreation Committee. He stated that the article will be submitted to a Special Town Meeting ini:the Fall and then the Rec- reation Committee will know definitely where it stands and what its powers are. Mr. Crerie referred to Section 1 of the pro- posed article and said that the term of appointments are what the present 99gmmiittee wants. He said the appointments should bthree, two and one-year: terms. The only part the Committee questions is the provision whereby vacancies are to be filled by the Board of Selectmen. The Committee thinks that the members should not be ,appointed entirely by the Selectmen. He said they should be appointed by the. members of the School Committee and the Selectmen because of the close tie-in with the School Committee. Mr. C retie said that the Committee is in accord with Sections 2,_3, L. and 5. Mr. Stevens explained that whatever is. decided must fit under the Statute powers and there is no provision for appointment by the School Committee. 1 Oaq Mr. Crerie said he thought the Committee should consist of five members. Mr. Stevens explained the appointments as one by the Selectmen, one by the School Committee, one by the Planning Board and two by the Moderator. Mr. Martin said that any opinion he and Mr. Steele expressed was personal as the School Committee has not had an opportunity to discuss the subject and he was more or less in favor of having the members of the Com- mittee elected. Mr. Steele said that the Recreation Committee and the School Committee should be closely related. Mr. Grindle referred to Section 5 and following further discussion, it was agreed that the School Committee would consider the subject at its next meeting on July 16th and then contact Mr. Stevens who will prepare another draft of the proposed article. The group retired at 9:30 P.M. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign a contract, prepared by Town Standpipe Counsel, between the Town of Lexington and the Angro painting Painting Service for preparing the surfaces and paint- ing steel standpipe, Contract No. 2. Mr. Stevens retired at 10:05 P.M. Mr. Gayer informed the Board that he asked Whitman and Howard for an informal estimate of the cost for making a water survey. He read a proposed survey submitted by Whitman and Howard. The estimated cost of the survey is $1500, Mr. Gayer agreed to obtain figures from other.. Water firms and also get additional information such as the survey possibility of using the old standpipe, locating a new one in the sane location as the present standpipe, etc. and present the data to the Board next Monday night. At the time the Board can pass a formal vote to include an article in the warrant for the Special Town Meeting to obtain funds for a survey and also an article to obtain funds for a standpipe. Mr. Gayer retired at 10:15 P.M. The Chairman reported that Chief Rycroft is home sick and unable to keep his appointment with the Board this evening. The Clerk was instructed to make an appointment for him to meet with the Board -next Mon- day night. 062 Memo was received from the Hurricane Relief Hurricanes Board listing the final status of the claims pre- sented by the Town. .The Chairman read a:'letter from Morris Motors Towing with reference to obtaing more of the Town's tow Business ing business. It was agreed to discuss the subject with the Chief of Police next Monday night. The Chairman read a letter from Officer Joseph A. Belcastro advising that it is his intention to resign his position as a patrolman on the Lexington Police Force; said resignation to take effect as soon as possible. Letter was received from Mr. Carroll, Town Clerk,, Committee advising that the Moderator has appointed the fol - Appointments lowing individuals to serve on. the Capital Expen- ditures Committee for terms of three years to fill two vacancies: Mrs. Arthur E. Fitzgerald, 9 Smith Avenue and Mr. Norman Royle, 152 Simonds Road. Letter was received from Mr. Carroll, enclosing Voting communication to him from Automatic Voting Machine machines Corporation, Jamestown, New York. The Chairman read a letter from Paul F. Hannah, Rally on Chairman of the Republican Town Committee, request - Common ing permission, to hold a Republican rally on the Common, erect a speaker's stand and install a pub- lic address system on September 25th with alternate dates of October 2nd and 9th. The Board has no objection. Bulletin was received from Massachusetts House Bill Selectmen's Association relative to H-3048, a bill 3048 providing for the partial re -imbursement of certain motor fuel excise taxes to cities and towns. The Chairman agreed to discuss the subject with Town Counsel. License Application for a Common Victualler's License at 55 Massachusetts Avenue was received from Rosewell M. Boutwell, 3rd, d.b.a. Elwell Incorporated (Newport Resturant). Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the license subject to receipt of satisfactory character reference from the Chief of Police. 1 The Cahirman read a letter from Thomas C. Small, 101 Elm Street, Somerville, requesting a permit to move a two-family house from 5 Bedford Street to the corner of Ash and Earl Streets. Mr. Maloney questioned the zoning of Ash and Earl Streets and said he doubted if 1t1 were a two- family area. The Chairman agreed to inquire of Mr. Small whether or not he intended to use the building for a two-family residence. It was agreed to hold a meeting Monday, July 16th to meet the Chief of Police, discuss further the proposed water survey with Mr. Gayer and decide on tax title offers. The meeting adjourned at 10:30 P.M. A true record, Attest: 534 Pole location Pole location Tree removal SELECTMEN'S' MEETING July 16, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 16, 1956 at 7:3D P. M. Chair- man Reed, -Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer,. Superintendent of Public Works, and the Executive Secretary were also present. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for location of one pole on Ledgelawn Avenue, approximately 285 feet west of Hamilton Road. Mr. Gayer explained that there is a drain ease- ment there and the petition is to move the present pole. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the Order for the following JO pole location:: Ledgelawn Avenue, approximately 285 feet west of Hamilton Road, One pole. (One existing JO pole to be re- moved.) Petition was received from New England Tele- phone and Telegraph Company for location of one pole on Lowell Street, approximately 100 feet southeasterly from Pear Tree Drive. Mr. Gayer explained that the company proposes to locate a pole on the lot line. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted to grant the petition and approve the Order for the following pole location: Lowell Street, from approximately 1j00 feet southeasterly from Pear Tree Drive, one pole. (Also remove one pole.) The Chairman read a letter from A. F. Lorentzen, 58 School Street, requesting removal of one tree which 'J he claims inyerferes with his driveway. Mr. Gayer reported that the tree in question is a good-sized elm, damaged by the hurricanes, and as Mr. Lorentzen claims, it does interferewith his drive- way. He said there is no other satisfactory way to locate the driveway and he felt it was a fair request and recommended that it be granted. He said that both 1 535 he and, Mr. Brenton viewed the area and arrived at the same conclusion. Mrs. Morey asked if the tree was a perfect speci- man and,Mr. Gayer replied in the negative. He said that Mr. Brenton felt, because of the damage resulting from the hurricanes, the tree might be subject to Dutch elm disease. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to authorize the Superintendent of Public Works to have the tree posted for removal.. The Chairman read a letter from Edward H. Suefert, requesting removal of a tree which he claims obstructs Req. for his driveway which he intends to blacktop. tree removal Mr. Gayer reported that this situation is similar to that at 58 School Street. He explained that the tree is a maple and it definitely interferes with the driveway. The Chairman inquired about the condition of the tree, and Mr. Gayer stated that it is in fair condition. Mrs. Morey asked il; the driveway could be put in from Robbins Road, and ur. Gayer replied that it runs parallel with Robbins Road, and there would be no place to put the car. He said the house is small,. the lot is small and there just not room. Before taking any action on the request, the Board will view the area. The Chairman read a letter from Mrs. Walter Scanlon, 33 School Street requesting the town to plant two or three maple trees in front of her property. Mr. Gayer said that he would place the request on his list for next year. He said he would like to consider planting trees the entire length of School Street. Req. for shade trees The Chairman read a letter from the building Inspector relative to request for permission to move a two-family house from 5 Bedford Street to Earl and Ash Streets. He explained that the house is Req. to presently a non -conforming building. The district move bldg. into which it is proposed to be moved is an Rl area denied (single family dwellings), and a two-family dwelling is not a permitted use. The Chairman reported that he and Mr. Gayer had travelled the route. There is_ a very large tree in front of the house that would have to be taken down and there are a number of large trees all along the way. He reported that there is a heavy cable on Reed Street and all the wiring would have to come down on order to get the house down the street. Mr. James mentioned that the basis for denying the request is the fact that a building permit cannot be obtained. 636 Traffic on Paul Revere Road Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to deny request of Thomas -C. and Norma F. Small for permission to move the two-family house now located. at Bedford Street to the corner of Ash and Earl Streets. Petition was received, signed by residents of Hill and Cedar Street, registering a complaint rela- tive to the speed of traffic on Paul Revere Road and Hill Street, particularly between the hours of Ii:00 P. M. and 6:00 P. M. Included in the petition was a requesttorStop signs at the intersections of Paul Revere Road, Cedar Street and Hill Street. Mr. Gayer mentioned that Stop signs are not legal unless approved by the State Department .of Public Works, and the Chairman said he did not think the State would approve a sign going on Paul Revere Road onto Cedar Street. Mr. James said that could not be determined until the State made a traffic count and then the road with the heaviest traffic is made a through way. The Chairman said a traffic survey could be re- quested and the petition referred to the Traffic Committee. Mr. Tucker beported that he talked with One of the neighbors in the area and apparently there is a lot of speeding and the people are interested in doing something before some of•Ithe youngsters are killed. They would like to have a police officer assigned there from time to time for.a period of several days between the hours of ) 30 and 6:00 as the traffic disregards the "Children" signs. He said if an officer is assigned to the area and hands out some tickets it might slow down the traffic. The Chairman explained that when the Town.ap- plies for a Stop sign the first thidg the State asks is how many accidents have occurred. He suggested discussing the subject with`theChief later in the evening. Mr. Gayer brought up the possibility .of the town's liability ,in the event an accident should happen and the signs were illegal. The Chairman said that an opinion could be ob- tained from Town Counsel. He said signs could be erected on Cedar Street, both ways, until the town is told to remove them. 1 Mrs. Morey referred to requests for signs at corners where the shrubs obstruct the view and said that she thought the Highway Department should go out and notify the inhabitants that they must cut down the shrubs to allow better vision for vehicular traf- fic. She said she would like to institute some action however it may be done. The Chairman asked if Mr. Gayer could erect a couple of signs on Cedar Street and he replied that he would like to make sure that the town is not assuming any liability. Mr. Maloney asked who would be liable, in the event the signs were illegal, if a car stopped be- cause of the sign and the man in back of him runs into him. When Chief Rycroft met with the Board later in the evening the Chairman read the petition to him. Chief Rycroft said that he also had received a letter. The Chairman explained that the Board feels a man should be stationed in the area a couple of evenings between 4:00 and 6:00. The Chief said that he has been trying to do it. Mr. Tucker asked if any tickets had been issued and the Chief replied in the negative, but said that the Officers have booked some of the drivers. He said when the Officer is there the traffic is not so fast. The drivers have a signal system warning Other cars that the police are around. Mr. Tucker asked what .tlaK 'hief thought the Board should do about these complaints. Chief Rycroftrepliedthat the only thing the Board can do is control, and there is no other answer. Mr. Tucker said that an Officer could not be stationed on every street all the time, but if there was one there at irregular intervals and the speeders received tickets word would get around that a speed trap is operated there once and awhile. The Chief said if he had the men and could afford to do it, he would put men there in civilian clothes. -Today he has only four men;. Mr. James asked if there had been any accidents at Paul Revere Road and Cedar Street and the Chief replied he thought only one. He said the traffic is just as bad if not worse in the morning. The Chairman said that the Board was going to find out if a. Stop sign could be erected. The Chief explained that at one time it was quite a deal, but now they can be erected on streets where the Board thinks they are needed. He said permission must be obtained from the State but there is no trouble as long as the traffic is coming onto a main thoroughfare. a38 Town's towing business The Chairman read the letter the Board received last week from Morris Motors requesting a fair share of the Town's towing business. The Chief stated that Fitzgerald has: nothing to do with the Body work and Morris Motors does. He'said that the department does not call anyone except at night, Calls are put out overtthe air and both Morris and Fitzgerald go. He referred to an accident that occurred at 8:51 when a doctor going to Lincoln Lab crashed two cars. Fitzgerald's two.trucks arrived first. In the meantime, because of the tie-up, back on the hill there was another rear -end collision. Fitzgerald got two and Morris got one. The Chairman asked if the police determine who would get the towing business when they arrive at the scene of an accident. The Chief replied that usually it is the first one to arrive who gets the business. The Chairman asked if the men had been given instructions to be fair and the Chief replied that they have been told, first come first served. The Chairman said then actually the officer does not say who is to get the business. The. Chief said that if Morris arrives first he gets the business. There is no set way. He suggested that the Board write him a letter on the subject to be read at. roll -call. He said that he has never instructed an officer as to who shall receive the towing business. He, explained that Fitzgerald has two tow trucks and Morris has only one. He does not want a wreck towed onto the side of the road waiting to be towed away. If there are three ears involved,.Morris gets one and Fitzgerald gets two. The Chairman was authorized to write a letter as suggested by the Chief. Mr. Gayer reported on street lights and said that he has a total of 35 requests for lights and 3 for lights and poles fort he Maria Hastings School.. The Chairman stated that the school lights Street should not be provided for out of the Street Light lights budget. Mr. Gayer. said there is also a possibility of lighting Worthen Road. He said in the past the street 'lights have averaged 40 per year. This year, considering part of the year is gone, he could go as high as 50 or 60 lights. It was agreed to defer action relative to lights for Worthen Road but to approve the other requests. C.) 1 Mrs Morey referred to curbing on Hancock Street and asked if Mr. Gayer had the amount actually heeded to finish it. Mr. Gayer replied that he did not have figures with him but there in his office. Mrs. Morey said that there is not very much to complete Hancock Street and she would like to know how many feet are needed and would like to have it settled whether it is or is not going to be done. Mr. Gayer agreed to caa171 Mrs. Morey in the morning. Mrs. Morey said that she wanted to see No Parking on one side of the street put up. Mr. Gayer retired at 8:15 P. M. Chiu' Rycroft met with the Board relative to ap- pointment pf four additional Police Women. He ex- plained that he will need three for the Harrington School and one at Five Forks. He said there are nine applicants and all have cars. Mrs. Charles S. Babcock, 7 Brandon Street, age 32, met with the Board. The Chairman stated that one<of the requirements for the position is that the applicant must have a car. He asked if Mrs. Babcock had a car and if she had time to devote to her work. Mrs. Babcock replied that she does have a car and would have the time. The Chairman inquired as: to her reason for want- ing the job and she replied that there is no particular reason. She has one child going to the Harrington School who will be gone all day and she would like to do something extra with her time. Mrs. Morey inquired about her health and asked if the winter frightened her. Mrs. Babcock replied that she. has enjoyed good health the last three years and the winter does not bother her. Mrs. Babcock retired. Mrs. Robert Wellington, 15 Sherman Street, age 23, met with the Board. The Chairman asked if Mrs. Wellington had a car and she replied in the affirmative. The Chairman asked why she wanted the job and she replied that she thought it might be interesting. The C hairman asked if she was working anywhere else and she replied in the negative. Mr. Tucker asked about her husbandb occupation and Mrs. Wellington stated that he is in the Merchant Marines 5'co Curbing Hancock St. No Parking Applicants for Police Women 640 Mrs. Morey asked how long she has lived in Lex- ington and she replied about three years. Mrs. Wellington retired. Mrs. Everett Dillman, 472 Waltham Street, age 39, met with the Board. The Chairman asked if she had a car and she re- plied in the affirmative. The Chairman asked if she would have the necessary time and Mrs. Dillman 'replied ttx the affirmative, stat- ing that all her children are in school. The Chairman said he assumed she was interested in the job because it would take up her time. Mrs. Dillman replied in the affirmative and said that she does need a little extra money. Mr. Tucker inquired about her husbandts occupation and she replied that he is in the ice and coal business in Concord and Bedford. Mrs. Dillman Retired. Mrs. David G. Govan, 129 Cedar Street, age 38, met with the Board. The Chairman asked if she had a czar available and she replied in the affirmative. The Chairman asked if there was any particular reason why she wanted the job and Mrs. Govan replied that it was ons account of her husband!sheaith. She said that she also has a child in the Fernald School and that takes more money. Mrs. Govan retired. Mrs. Stanley T. Oley, 3 Fern Street, age 36, met with the Board. The Chairman asked if she had a car available and she replied in the af£il4mative. The Chairman asked if she would have the necessarg time and she replied in the affirmative. SheAaaa a son.going into Junior High School and her daughter will be going tb Senior High School so she has the days free.., The Chairman asked her about her reason for wanting the job and she said that she was going to take a job somewhere from nine until three and when this came out in the paper she decided she would like it. Mrs. Morey asked how long she has lived in Lexingtom and she replied four years. Mrs. Morey asked if she could stand the winter weather and she replied in the affirmative and said she has been in New England for ten years. Mrs. Otey retired. 1 541 Mrs. Carl E. Good, 37 Wellington Lane, age 3L, met with the Board. The Chairman asked if she had a car and she re- plied in the affirmative. The Chairman asked if she would have the necessary time and she replied that she has the whole day as her children are bus students. The Chairman asked about her reason for wanting the job. She said that she has no one at home and has to get her children across the turnpike in the morning and thought it might be.helpful in getting them across. Mr."Tucker asked what school they attend and she replied Hancock ..School. Mr. Tucker inquired about her husband's occupation and she said that he is a farmer. Mrs. Good retired. Mrs. Floyd D. Netzer, 62: Valley Road, age 37, met Taith the Board. The Chairman asked if she had a car and the time necessary, and Mrs. Netzer replied in the affirmative. The Chairman asked if her children were in school and she replied that they attend Hunior High School. The hairman asked her reason for wanting the job and she replied that she needed the extra money. Mrs. Mdrey inquired about her health and she replied that her health is good. The Chairman inquired about her husband's occup- ation and she stated that he is employed by the Arlington 'Gas Company. Mrs. Netzer retired. Mrs. John Foley, Jr., 47 Cary Avenue, age ij6,, met with the Board. The Chairman asked if she had a car and she re- plied in the affirmative. She said that she has two children who will attend the Maria Hastings School; one in the third grade and one will start this Fall. Mrs. Morey asked if there was anyone at home and she replied that her next door neighbor would take care of the children. The Chairman asked her reason for wanting the job and she said she needs the fresh air and thought. it would do her good. She said the was going to take an evening job, but would rather be home evenings. She inquired about the tie time of duty and it was expl- ained by the Chief. Mr. Tucker inquired about her husband's occupation and she stated that he is resident manager of the Murphy General for the Armed Forces. Mrs. Foley retired. 542 Upon motion duly made and seconded, it was agreed to appoint the following individuals as members of the group of Women Police Officers in the Town of Lexington for school traffic duty: Mrs. Charles S. Babcock, Mrs, Everett Dillman, Mrs. David G. Govan and Mrs. Stanley T. Oley. The Chairman referred to Officer Belcastro's letter of last week informing the Board of his resignation, which he wanted to do as soon as Belcastro's possible. He explained that no formal vote was resignation taken and due to Civil Service that is necessary. He said he talked to the Chief and Belcastro wanted to leave last Thursday. He took it upon himself +,o accept the resignation effective as of July 26;-1956 which wtauld give him two weeks vacation to which he was entitled. Upon motion of Er. James., seconded by Mr. Maloney, it was voted to ratify the Chairman's action and accept Officer Belcastro's resignation effective July 26, 1956. The Chairman referred to Sergeant Russell's meeting with the Board and said that his complaint was, as a Sergeant he should not have to do some of the duties he was being requested to do. He said the Hoard wanted to discuss the overall policy Police of assignments and the Department in general, He Department said Sergeant Russell's main complaint was that he, as a Sergeant, was made to do traffic duty and other things he felt a patrolman should do. He said the Board wound like to hear how they are assigned, why they are assigned and if there is any difference between a sergeant's duty and a patrolman's duty.- The uty,The Chief stated that he usually tries to assign duties to men he thinks are best qualified for..that.particular duty and from whom he will get the best results. The Chairman said that in a number of cases the Chief may have tried to cover for the men and. he thought it was time to discontinue the practice. He said the men should be going to the Chief and not coming to the Board. The Chief said that Belcastro took good pictures. Some men go out on an automobile accident who will bring in all the fRcts and as he goes along he tries to assign men on the jobs who will bring in the best reports. Some men arB very thorough and others are not so thorough. They cannot be repriminded or fired because they forgot to do something. He said -police work is en- tirely different from any other business and a man may have a number of titles but regardless of his title, he is bound to carry out the Chief's orders. He said&ll 1 543 Sergeant Russell had to do was read the Rules and re- gulations. He did not need to come before the Board. He said that if the chief iso out in the cruiser and the man on the desk gives him an order He is bound to take whatever order is given, because the man on the desk is at the nerve center. He said if he didn't he would be neglecting his duty. He explained that if one is to say a certain duty is a sergeants or a lieutenant's then the .patrolman when given a duty will say that it is a sergeant's or lieutenant's assignment. He said ° this situation arises in every department in the Commonwealth. The Chief said the morning in question was when the Town painter wanted to put a line on Lowell Street and there was a man in the cruiser who he wanted in the cruiser as he had given -him a number of assignments and knew nothing about Lowell Street at the time. He said Mike Shea wanted some help and the Town•has never asked for help that he has not given. He stated that he asked Sergeant Russell to go over and he refused. The Chief told him to go over or go home. Sergeant Russell followed him into his office and said he would take the assignment but was going upstairs. The Chief said he cannot trust him &round too much as he is not a good officer. He said that Russell was top man on the list for promotion to Sergeant and the appointment was held up and the list expired. There was a second examination and again he was top man but the Chief said he did not want him appointed. He said the Board received a letter to the effect that Russell wanted a hearing and he was appointed. The Chief said if Sergeant Russell has four or five men he is as easy as can be. If assigned the 19th of April parade, they would be on t he sidewalk and the people in the street. He said as long as Sergeant Russell does the work he is told to do it is allzright, but when he tells him he will not do it, that is something else. The Chief said that there has been a definite change in him since his meeting with the Board; now he can't do enough. Tie Chief said that all the men knew he was coming up to the B oard and they are all watching him. He said he has never yet asked any officer to do anything that he would not do himself. If there is any trouble,all they have to do is let him know and he will be with them. 644 Mr. Tucker said that he assumed the change in Sergeant Russellts attitude since he met with the Board was an improvement and the Chief said very definitely. Mr. Tucker asked if the other men noticed the difference, and the Chief replied he, could not tell. He said Officer Day did Speak about it. Mrs. Morey asked if the Chief had giwen Sergeant Russell any comparable duties since he met with the Board and the Chief repled that there has not been any. Mr. James said that the main cpmplaint was that he was used as a substitute. Chief Rycroft said if he had an officer avail- able that day he never would have sent him out, be- cause he knew the officers would have done a better job. Mrs. Morey said that whoever is high onthe list is eligible for appointment and asked if the Board could say because of quality of his work he would not qualify for the position. The Chief explained that it would be'a difficult thing to substantiate. The Board would have to write Civil Sercice giving reasons for passing the man down and they must be bonafide reasons, and the applicant would be entitled to a hearing. Mrs. Morey asked if the Board would still have to appoint the man receiving the highest mark if it was known that he was morally unsound. The Chief replied in the negative but explained that once the Board signs it is libel. Mr. James stated that the discussion this evening has described the Police Department and its functioning in a different light. It appears that the assignments are made regardless of rank. The best men is selected for the job and the rank is merely a salary level. The Chief said that was correct. You expect more from the officers but if you cant get the best from them you do what you can do and try to keep them from making decisions. He said they have not had supervision for a long time and now they don't like it. Mr. Tucker asked what would eventually happen to a man like Russell and the Chief said that no one knows. He said he will have to keep him where he can be watched but if he would continue as he has since meeting with the Board it would be a great help. 1 545 The Chairman said that two men in the department have now come to the Board, both Sergeants, and have given the impression to the other men that they got what they came up for. The men assume that the Board is leaning more to the mem than to the Chief. He said the Board should clarify that the Board has listened but not gone along with everything that was said. Mr. Maloney said he suggested before that the Board should write a letter explaining the situation and also advising that the Chief is the boss. He said if this is not done the men will be back and forth to the Board all the time. He said that in Woodward's case he may have had some justification but the find say was left to the Chief and the men shcould know it. The Chief said hh felt badly for Sergeant Woodward but three of the present members of the Board were in office when he explained his reason for wanting three sergeants. He wanted the department covered all the time by a superior officer. He said that if he had acted otherwise and something happened he would have been in an embarrassing position. He said he had no objection to letting two of them go as long as the Board knew about it and approved. The Chief said no one is being hurt. They all have a good job and they all know how to run it and will run it for themselves. He said he is trying to run it for twenty-seven people and also in the best interest of the town. The Chief retired at 10:05 P. M. Further condideration was given to Mr. John A. Collins' offer of $500 for Lot 72 Tower Road. A proposal to sell this lot was advertised in the July 12, 1956 issue of the Lexington Minute -Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Maloney moved that the offer be accepted and that Lot 72 Tower Road, be sold and con- veyed to John A. Collins, the deed to be so worded as to prohibit any building on the lot. Mrs. Morey seconded the motion and it was so voted. Upon motion of Mr. Maloney, seconded by Mrs. Morey it was voted to grant the following uses of halls: Tax title First National Stores Cary Dec. 3-4-5- Cooking School Lex. Choral Society Cary Dec. 15 Rehersal Dec. 16 Concert 46 The Chairman said that some consideration should be given as to a` date for the Special Town Meeting to be held this Fall. He mentioned the middle of October as an appropriate date which was approved by the other members of the Board. The Chairman reported that Grant B. Cole advised him that there is to be a Civil Defence alert on Friday at 1:30. This is not a public demonstration. The Chairman agreed to discuss the offer sub- mitted by Alfred P. Tropeano for purchase of some tax title lots. Themeeting adjourned at 10:40 P. M. A true record, Attest: exec iv'ary C"" 1 SELECTMEN'S MEETING July 23, 1956 A regular meeting ,of the Board of. Selectmen was held in the Selectments Room, Town Office Building, on Monday evening, July 23, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Supt. of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll met with the Board for the drawing of one juror. Mr. Robert D. Platka, Banker, 9 Glen Road, was drawn. Sealed bids for resurfacing two bituminous tennis courts and bids reconstructing two clay tennis courts, located at the Center Playground were opened by the Chair- man•and read as follows: P.J. Joyce & Son, Inc. Reconstructing two bituminous courtd - $5,800.00 Resurfacing two clay courts 1,550.00 547 Juror Richard white Sons, Inc. Resurfacing two clay courts 1,890.00 M. E. Hennessy Co., Inc. Tennis Court bids Resurfacing two clay courts 1,825.00 Dennis Driscoll & Co,, Inc. Reconstructing two bituminous courts 5,995.00 Resurfacing two clay courts 1,675.00 Mr. Samborski, Recreation Committee Director, met with the B oard at 7:35 P.M. Mr. Stevens,. Town Counsel, also met with the B oard. The Chairman explained that P. J. Joyce was low on both bids and asked if he could be held tp do a good job. Mr. Stevens stated that he did not know; the quality of the job depends on the quality of the contractor. Mrs. Morey said that Joyce's past work has not been as good as Driscoll's past work. 548 Mr. Stevens said that if hhe Board found his past work has not been satisfactory if can reject the bid and award the contract to the next bidder. If, however, the Board feels Joyce is qualified, it can award to him. The Chairman stated that the Board would have to rely on the opinion of the Recreation Committee, and Mr. Samborski which is that the previous work was unsatisfactory. Mr. Maloney mentioned that the courts are being used now and Mrs. Morey said that the -previous work was condition. Mr. Maloney said he went to loo4 at them and then went up to Valley Road and there were puddles on them all. He said he would not like to accept the low bid if the other people are better quailified Mr. Samborski said that it was up to the Board of Selectmen to award the contract bsgt he personally would prefer to hsve the work done by Driscoll. He said he could only repeat what he said when he met with the Board before. He asked Mr. Gibbon of the Driscoll Com- pany, who put in the two clay courts originally, how: anyone could bid $825 against a figure twice as high. He said very frankly he knew of courts done by Joyce on that basis. He uses an inferior,material and in many cases the courts had to be dug up and the ultimate cost was more. He said he checked with the Superintendent of the Harvard fields who advised that he never heard of Joyce as a tennis court man. He is just beyond being a landscape man and does not begin to qualify as a tennis court specialist. Mr. Samborski said that the Committee was critized last year with the dilly dallying when J oyce did the work and the results were not too good. Based upon past performance the Recreation Committee recommended that the bid be awarded to the next highest bid- der. Based upon information furnished by the Recreation Committee, the Board determined that P. J. Joyce&& Son, Inc. is not a competent qualified builder of tennis courts. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to award the contract to the next lowest bidder qualified, responsible bidder. Dennis Driscoll & Co., Inc. at its quoted price, of $5,995 for reconstructing two bituminous courts at the Center Playground. 1 549 Upon'motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to award the contract to the next lowest qualified, responsible bidder, Dennis Driscoll & Co., Inc. at its quoted price of $1,675.00 for reconstructing two clay coarts at the Center Playground. The Chairman read a letter from Mr. Gayer in refer- ence to Mr. Collin Cambell's request to have a tree ad- jacent to his property at 2409 Massachusetts Avenue re- moved. Mr. Brenton reported that the tree is beyond Tree saving and although it is not particularly dargerous, removal he does agree that it should be taken down. There are other trees which require attention before this one and he will place it on his list to have it removed as soon as possible. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to authorize Mr. Brenton to post the tree for removal. The. Chairman reported that Mr. Vandenberghe, 50 School Street, had verbally requested to have a tree removed because he claimed it to be dangerous, a limb having fallen off. Tree Mr. Gayer discussed the subject with Mr. Vandenberghe and it was agreed to trim the tree rather than take it down. The Chairman read a letter from Alice J. Dwyer, 69 School Street, advising that her rose arbor was damaged during the process of laying sewer pipes and has never •been repaired. Mr. Gayer informed the Chairman that the rose arbor was taken care of as of today. Futher consideration was given to Mr. Edward H. Suefertts request to have a tree removed from his property at 96 School Street, which he claimed was obstructing a driveway he proposed to build. Mrs. Morey reported that S;he looked at the area. He has a narrow lot• and wants to putlis car in off the street. She said she was in favor in granting his request as she thought the tree shoIld be taken down. Upon motion of Mr. Tucker, seconded by Mr.Js , it was voted to post the tree for removal. Damage to rose arbor o5O Letter was received from the Board of Fire Commissioners, together with a letter from Captain .Stephen H. Broughall, advising that he would like to retire on or about September 10,1956 because of ill health. Req. for Mr. Stevens said that he would check the statute retirement as to the proceedure. At 7:45 P.M. hearing was declared open upon prti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Massachusetts Avenue, 65 feet sbuth- easterly of Sylvia Street. Mr. Mahon, representing the Boston Edison Company, and two other individuals were present. The Chairman explained that' the present pole is Pole now located in front of the entrance to the nEw drive-in location resturant. Mr. Mahon said that the company plans to bring the pole to the lot line,as indicated on the blueprint. Upon motion c�f71�r. James, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location. Massachusetts Avenue, northeasterly side ap- proximately 65 feet southeast of Sylvia Street, one pole. (One existing JO pole to be removed.) The group retired at 7:45 P. M. Curbing Mr. Gayer reported that he had worked something out on curbing, but he realized it was up to the Board to make the decision. He explained that the budget provided $5,000 and his proposed program is $4,500. He said that on Massachusetts Avenue starting at Clarke Street and going to the Hancock Church there is a apace of about 330 feet and it seems a good place to start. That is*1,320. It was discussed for Hancock Street from Jackson's house up to Adams Street about 800 feet, an estimate of $3,200. This would leave about $500 for a safety valve,and if money is left, a little more curbing could be installed. He stated that the 800 feet excludes the areas that now have curbing. Mr. Tucker said that he would not vote against curbing for Hancock Street but he thought, in refer- ence to Jackson's, if a previous commitment had been made something should be done about it. He said he wanted to go record as being sympathetic towards these people but there are other places in town that he felt should have preferemce. He said he would not vote against it, but he would not vote for it either. He said he thought the Hancock -Clarke House should have curbing , or from the railroad up to the Hancock -Clarke House. 551 Mr. Gayer referred to the petition requesting:.in- stallation of sewer lines in Burlington Street and said that only one house listed onthe petition , Mr. Braggon, 103 Burlington Street, could connect now. He tan be• connected by an extension of approximately 150 feet. The other people cannot be connected to a sanitary sewer be- cause there is no trunk line sewer available. Mr. Gayer reported that he contacted Metcalf & Eddy and Camp Dresser & McKee, ian' regard to a survey of the water system. He found that Whitman & Howard do have a lot of information -which they have gathered through the years which will be helpful to them. Mr. Cobb of Camp Water system Dresser & McKee will not be interested on submitting an survey estimate unless the town is through with Whitman & H oward. Mr. Gayer said he was of the opinion that it should be given to Whitman & Howard and if it is so decided, land for the location of a standpipe should be obtained. It was suggested that the Board meet with the Appro- priation Committee to discuss a transfer to provide funds for •the survey. Mr. James questioned whether or not this would be considered an emergency as the problem of water shortage has come up every year for several years now. Articles It was agreed to insert articles in the warrant for the Special Town Meeting, tentatively scheduled for October, requesting an appropriation for both the survey and the standpipe. Mr. Tucker suggested that Mr. Adams publish an ex- planation inthe Minute -Man asto why the ban on watering Ban on laws is still in effect and also mention that it. will con -sprinkling tinue to be in effect until further notice. Mr. Stevens reported that he met with the Franklin School Addition Committee last Thursday night at its request, The architect had a letter from McCarron & Sullivan, Inc. who a.aid the Department of Public Health refused to approve a sewage filter bed for the school Franklin and insisted that the connection be made to the tom school sewer. Notwithstanding the fact that the plant designed sewer would work satisfactorily based upon tests made, the Department insisted that there be a whole new system for the entire school as the present system is not working properly. He said he .kgiked to the Chief Engineer, Sterling, who said they ha gone that far. It appears that there is a tt®i sewer about one-half mile front he school and under those circumstances they felt a connection should be made to the Town sewer. Mr. Stevens said he explained that there were many calls for sewers and in the future it might be entirely impractical to connect the school to the sewer. He said Mr. Gayer is going to make a study of what could be done. 552 Mr. Stevens said that ]snowing they are going but for bid he thought the Chairman of the Committee should meet with the Board to answer any questio ns about State aid. He said that if the Board decides it wants to go a- headwith the sewer it will be taken up at the next Town Meeting. On the other hand, if the Board feels it is not practical to make a connection now, Mr. Gayer as Superintendent of Public Works, could write a letter to the Committee stating that it is. impractical to connect to the Town sewer and they can send that into the eke Statte with their plans and ask„for approval. Mr. James asked tr Nh ,St even: s indicated that the present system on the present school is not operating satisfactorily and he replied that was his understanding. Mr. James asked if this came from the Board of Health and TIr. Stevens replied in the negative. Mr. Maloney said that they were taking $35,000 for a filter bed and Mr. Gayer quoted $60,000 for a sewer. He said he thought the Town could aexsess betterments for this sewer and it would also serve some other people. Mrs. Morey explained that the filter bed would cost only $20,000 because that Town would receive aid. The Chairman said the filter bed would cost $35,000 and asked if' money could be used towards the sewer. /the Mr. Stevens replied that no part of the appropriation can be used for a sewer. The Chairman asked what would be done with the $35,000. Mrs. Litchfield, Messrs. Biggs, Robbins and Martin met with the Board. Mr. Stevens reported that he had given the Board a little background based on the meeting the other night. Mr. Gayer stated that he made a rather hurried preliminary study of the needs. At first he wondered if he could tie into the existing sewer on Waltham Street However, there is only an 8” line there and that,line.is handling all it can now. He then came up with the pro- posal to run a sewer by gravity down Stedman Road to where the brook crosses, put in a pumping station and a force mainto the intersection of Farmcrest and Stedman. It would then be gravity down Stedman Road to Marrett Road, go across Marrett Road and then turn left and go back onto where there is an existing 12" line. He said that is one possible solution to the problem, and a rough estimate of cost is $61,000. He said he does no" want to add any more to the existing system and if he did do that a pumping station would be required, Mr. Stevens asked if this proposal would take in any homes and Mr. Gayer,replied in the affirmative. He a/iid a petition had come in from the people on Marrttt Road and this would take care of them. Mr. Martin asked about Brookside and said that they do have a problem there. 1 553 The Chairmanasked if it' could be gravity fed from Allen Street and Mr. Gayer replied ir.•.the negative. He said the pipe would have to be above ground Mr, °James asked if this job, either way, would- re- quire a pumping station and what part of the $60,000 is for the statioriy Mr. Gayer said he estimated $5,000 for the school installation. He said that would be for the school only and not handling any additional load. Mrs. Morey said that would not be very sensible. Mr. Gayer said that he would need more time to make a complete study. Mrs. Morey asked how soon the Committee was going out for bids and Mr. Martin replied that they expect the final plans next week but there must be a decision on this question. Mrs. Litchfield said they had a tentative date of July 30. Mrs. Morey asked if the specifications were all written and Mr. Stevens replied that he thought they were well along. The Chairman said this subject has come up rather suddenly and Mr. Gayer stated the survey is a quick one, He said as it looks at the moment, the Board should give this some study before making a recommenda- tion because it involves a pumping station. He said the Board would want to make sure it is doing the right thing. Mr. Martin asked what this would mean to the Committee and its budget. He asked if the 561,000 would affect the Committee's appropriation. _ The Chairman explained that Town Counsel has advised that none of the appropriation can be used for the con- struction of the sewer. Mrs. Morey mentioned that sewerage for the old schoo could not be charged tothe Committee. The Chairman said that necessary funds would have to be, appropriated by a Town Meeting. Mr. Stevens said that if the Selectmen feel that their plans for sewerage in this area is not ready to be put in operation and it is a waste of money to do special work for the school,, the Committee would have to have a letter to that effect and submit it with their plar approval and he thought they would get it. Mr. Stevenstsaid that if the Board does not decide whether or not it is practical at this time until there is more study, the Committee should go to the Department of Public Health and state that this is under study by tite Town and if it is found practical and economically feasiUle, a change will be made, but the Committee wants it approved with a disposal system with the understanding that it may be changed to a sewer. He said the architect would have to set it up with an alternate. 654 Mr. Tucker asked if there was some allowance in the plans for a sewage disposal/ nd Mr. Martin replied in the affirmative. system Mr. Tucker said that if a sewer connection is made the money for the disposal system will not have to be spent and would go back to the Excess and Deficiency Account. He said the money for the sewer could be taken from the Excess and Deficiency. Mr. Stevens replied that this would be borrowing money, and it does not work that way. Mr. Maloney said he thought the Committee should accept the bids as they are and if it is- feasible to do this then they won't need to borrow the money. He said he did not think any committee should have $35,000 extra. Mrs. Morey said that the money would not be borrowed until after the bids come out. The Chairman explained that the Treasurer is in the poocess of borrowing the money now. Mrs. Litchfield asked if the architect didn't feel that a sewage disposal system would be satisfactnny if the State allowed it. Mr. Martin said that the people from the State said they do not like this idea and also condemned the present system. He said that he has not seen the letter. The Chairman said that the Board of Health does not have anything on this and if it is as bad as that they should have. Mr. Martin said that the architect did say if -they have to pursue a filter bed now and the sewer is °a pos- sibility there would be money spent to engineer the filter bed. It could save -$2,000. Mr. Robbins explained that the Committee had no question and the architect had no question but this was brought up by the State. The Chairman said that the Selectmen have not actually considered a sewer in this area, and more studyshould be given to the subject before a decision is reached. Yr. Martin asked how much time might be involved. Mr. Gayer asked if he meant for the sewer to handle the school only or if it is to take care of a larger area He said if he had Rnawers to a few questionslike that he could give a some answers. Mr. James said that if a pumping station is to be put in, it should handle the whole area that it ever could. The Chairman said that the Board would give this some thought during the next two or three weeks and if it decides to go along with it, an article will be inserted in the warrant for the Fall Town Meeting. He said he thought the State could be satisfied as to why the sewer would not be installed. Mr. Stevens said a good strong letter will probably take care of it, but it looks as though the Committee will have to spend the $2,000 for engineering services. The Committee retired at 8:35 P. M. 1 1 Eighteen people from Wood Street met with the Board upon invitation of Robert Johnson re traffic. Mr. Johnson spoke at length relative to the number of cars and the rate of spoed. He also reported that he has contacted the Chief Police,: Registry of Motor Vehicles and Colonel Adams at the Airport. Mr. Clement Williams, 341 Wood Street, said that there is nem:-. abandonment in 'process -whereby a portion of Wood Street will be shut off and thi.S should help the sit- uation. Mr. Joseph Napoli, 39 Wood Street, asked if there were any immeadiate plans for a direct access road from Route 128 into the airport. The Caairman explained that the access road will be from Bedford Street to Wood Street and will come out at Mr. Williams' property. Mr. Napoli asked if there would be an access, to Route 128 from the airport and the Chairman replied in the negative. Mr. Napoli asked who set up this plan and the Chair- man explained that it was the Federal Government. The. Chairman said that the Board is aware of the narrowness of Wood Street and also knows there is speeding, the same .sem there is on other '.main streetsiin town. He said the police are spending just as much time in spot checking on Wood Street as it is on other streets. He ecplained that the subject of speed; was brought up at a meeting of the Executive Council, of which he and Mr. James are members. He said he would again discuss the subject at the next meeting of the Community Council. He said that the abandonment of a portion of Wood Street is possibly the best Solution. Mr. Stevens explained that the abandonment has nothing to :ala with Shutting the road off. It was a re- quest of the government to have it abandoned and was not abandoned as a means of access to the airport. The Chairman said that the Board would check on the status of the abandonment proceedings, bring the subject up at the Community Council Meeting and try to have more spot checking. He said the Board would also pass the information along to the Traffic Study Com- mittee which consists of the Superintendent of Public Works, the Chte$ of Police and the T own Planner. Mr. Frank DeRoeck, 4 Pa tterson Road, asked if it were possible to put bumps in the road and the Chair- man replied in the negative. Mr. Williams asked if the white lines could be painted and speed limit signs. erected. The Chairman said that t he whits lines could be painted and the signs have a certain psychological effect for those who look at them. The group retired at 9:04 P. M. 555 66'6 Cert. of Inc. License Mrs. Joseph Coletta, 86 Cedar Street, met with the Board. The Chairman presented a plan and explained that the proposed sewer will go by Mrs. Coletta's property, and because she has 18,400 square feet of assessable property, her assessment will be $763.59. Mrs. Coletta said that she is not getting much more sewer than people paying half that amount and her lot is very poor, all swampy. She said she did sign for the sewer thinking that the assessment would be about $300. She said it is a definite financial burden and in checking relative to paying for it over a period of twenty years, it will cost about $35 a year. She said she did not see how they can pay for it, having borrowed money from her mother and mother-in-law already to build the house. The Chairman explained'that the sewer has not been constructedyet so it will be s.ome time before the Board makes any decision but she would be advised as to what can be done. Mrs. Coletta retired. Mx...Stevens said he would try and take a look at this. Mr. Stevens retired. The Chairman submitted to the Board information relative to the status of the town's request for side- walks on State highways. There are twenty-three towns with similar requests and it nal appears that there are no funds available. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to send a letter to these towns asking their co-operatign in contacting their Senators and Representatives requesting,suppleinentary budget to provide the necessary funds. The Chairman was also authorized to advise the School. Committee of the situation so that they will have an opportunity to provide for additional bus transportation. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign a Certificate of Incorporation on behalf of Samuel F. Parker. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant an Auctioneer's license to Bertram P. Gustin, 50 Bloomfield Street. 1 557 The Chairman read a letter from Mrs. Carol Murphy, 2 Mill Brook Road, requesting permission to conduct a block dance on July 28th which will involve blocking off Mill Brook Road. Westbrook Road will be easily acces- sable in case of an emergency. The Chairman mentioned that both streets are Block dance private ways,and the Board had no objection. The meeting adjourned at 10:40 P. M. A true record, Attest. 558 Water SELECTMEN'S MEETING July 30, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 30, 1956 at 7:30 P.M. Chair- man Reed, Messrs. Maloney,,James, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Tucker presented each member of the Board with draft of a proposed letter to be sent to those individuals who are known to be watering lawns and gardens outside of the hours scheduled. The letter was accepted by the Board as sub- mitted, a copy of which is to be sent to the Chief of Police with the request that he instruct his force that the restrictionp are to be in effect un- til withdrawn by the Board. The uniformed officers are to remind householders when they observe failures to comply with the restrictionsand the street ad- dresses where violations are noted are to be given by the Chief to the Clerk of the Board each day so that these reminder letters may. be sent out. Further publicity is also to be given the sub- ject in the Lexington Minute -Man. Mrs. Morey referred to page four of the July 16th minutes relative to her statement about shrubs and explained that it should read "the Highway De- partment should go out and notify the inhabitants that they must cut down the shrubs that are over- developed and are maintained on Town property to allow better vision for vehicular traffic". The Chairman read a letter fromt he Cary Mem- - oriel Library Building Addition Committee advising that it has been unable to develop- a good plan for adequate parking facilities using additional land. The Committee recommended acquisition of a Parking for parcel of land at the southern corner of the library library property as indicated on an enclosed sketch. It was agreed to have a plot plan at the next meeting and the Chairman was authorized to advise the Committee that the Board will look into the problem in an effort to determine what feasible 1 solution may be worked out. The Chairman read a copy of letter from residents of Maple Street to the Lexington School Committee in regard to sidewalks and traffic speed. It was agreed to give Mr. Adams a copy of the letter the Board recently sent to the School Committee on the subject of sidewalks whereby the Committee will have an opportunity to arrange for additional bus transportation and highway protection. Mr. Adams is also to be requested to explain the delay in the sidewalk program. The Chairman said that in a conversation with one of the employees of the David Buttrick Company who lives in Lexington, he learned that he was at the dump picking up a few pieces of wood and his name was taken. .He was at the dumpyesterday and saw the fire truck removing material from the dump. The Chairman suggested, and the Board agreed, that a• letter be written. to Chief Engineer Cook calling the matter to his attention and advising him that the Rules and Regulations_ governing the dump apply to Town employees. Mr. Stevens, Town Counsel, and the following mem- bers of the Appropriation Committee met with the Board: Chairman Madden, Messrs. Boldgett, Hamilton, Richards, Works and Palmer. The Chairman explained that the Selectmen were concerned about a request to have $1386 transferred from the Reserve Fund to pay an outstanding bill in connection with the parking area. Mr. Madden acknowledged a receipt of the request and said that the Committee desired more information. The Chairman stated that the original approp- riation was $70,000 of which $50,000 was for construc- tion and $20,000 to be held for property taken. Mr. Stevens said he thought the larger amount was for land taking. The Chairman said that the Board felt that where the bill was presented last May, it was unfair to ask the contractor to wait until a Special Town Meeting in November before it was paid. He explained that nothing has been left out but when the work was com- pleted, the account was short. Mr. Madden said that his Committee is interested inthe reason for the shortage. 559 Sidewalks Dump Transfer 6O Mr. Gayer said that the work was getting the base and paving in to complete the paving on the Muzzey. Street side. The Chairman explained that the cost for tearing the building down was anc'. unexpected item. Mr. Madden asked if more work was done than was originally contracted for and if this were done in the nature of an extra. The Chairman explained that the Town had to pay for taking the, building on Muzzey Street down which, it had not intended to do. Mr. Maloney said that was a good part of it and a mudhole was left. This would have left the area use- less unless it was hot -topped. He explained that he Town became involved with the owners of the property who did not want to vacate and by the time they did, the work had gone by certain stagesof the agreement and it cost more money. He said the hole- left had to be filled,'. ,, graded and drained. Mr. James explained that transfers could be made for unforseen items as well as emergency items. The Chairman explained that the area right by MuzzeyStreet at Dr. Hunt's and Dr. Fyle's could not be done at the beginning -because the building was still standing, and therefore it was not possible to finish the section. When the building did come down, the parking area was completed and that is where the. extra money came from. He said there was supposed to be a fence erected but theBoardis not requesting funds for that as it is not considered to be an emer- gency. He said there is $20,000 left for land taking which cannot be used for this bill. Mr. Maloney said it would have been a shame to let the area stand without being finished at least' .) a point where it could be used. The Chairman referred to the Board's letter rela- tive to a Special Town Meeting in the Fall. He ex- plained that the major item will be water. He stated that there is trouble with the preessure and undoubtedly the Selectmen will recommend another tower which was Special Town to have been recommended at the Annual Meeting, but Meeting will be asked for now. He said that the Board has asked Whitman & Howard_ for an exact location. The Chairman said that the Selectmen will try to submit any other articles that may come up to the Committee in time for its consideration. 1 561 The Committee retired at 8:25 P. M. Upon motion of Mrs. Morey, seconded by Mr. Tucker, It was voted to sign a contract in the sum of'15,955 Tennis between the Town of Lexington and Dennis Driscoll & Courts Company, Inc. for the reconstruction of two bituminous tennis courts at the Center Playground. Upon motion of Mrs. Morey, seconded by Mr, Tucker, it was voted to sign a contract inthe.sum of $1,675 Tennis between the Town of Lexington and Dennis Driscoll & Courts Company? Inc, for resurfacing two clay tennis courts at the Center Playground. The Chairman read a letter fl•omthe Board of Appeals with reference to the petition of John F. MacNOil which was granted even thought the Planning Board recommended that it be denied. He stated that the Planning Board has requested Town Counsel to pre- pare the necessary legal papers to enable that Board to sue the Board of Appeals in order to effect a re- versal of its decision. The Chairman of the Board of Appeals stated in his letter that it has been customary for that Board to be represented by Town Counsel and therefore the Board was asking the Selectmen to advise Town Counsel that if such suit is brought, he is to defend the Board of Appeals. Letter from the Board of Fire Commissioners re Captain BroughallFs request for retirement was held over again pending receipt of information from Town. Counsel. the The Chairman read a letter from Medical Panel advising that the late Howard Fisk died as the re- sult of coronary occlusion and that such death was brought about by the operation of natural and proxi- mate circumstances producing a hazard which was peculiar to his employment as a member of the Lex- ington Fire Department. Letter was received from the Board of Health, together with report of the Health Sanitarian re- garding conditions at the Minute Man Resturant. The Board of Health requested the Selectmen to ad- vise the new owner that conditions at the establish- ment must meet with the approval of the Board of Suit Retirement Pension Common Vic. License 562 Health before'a Common Victuallers License will be granted. Mr. Stevens said that he was not sure that the license is assignable. He reported that he had re- ceived a telephone call today from Mr. McQuillan, but the only power the Selectmen have is`issuing the license. The Chairman said that when it is determined uh o the new owner is the Town Counsel could find out whether or not the iicense is assignable. It was suggested that the Board of Health talk to the new owner before closing the resturant. If the business is not sold, the Selectmen would be in favor of the $oard of Health closing the establish- ment. Upon motion of Mrs. Morey, seconded by Mr. Tucker., Cert. of Inc. it was voted to sign a Certificate of Incorporation on behalf' or Donald J. Conner. Blood Donor Letter was received from the Lexington Chapter Day American Red Cress requesting permission to fly the Red Cross flag below the American flag on the Common on August 13th Blood Donor Day anA/Blood Donor Days scheduled for this year. all Upon motion df Mr. James, seconded by Mrs. Morey, it was voted to grant/request the Mr. Gayer retired at 9:20 P.M. Mr. Tucker presented each member of the Board with a copy of proposed fetter to be sent to the Police Chief of Police to insure better understanding of Department the Department. With a few minor changes in the original draft, it was unanimously ageeed to send the following letter to the Chief to be read to all officers at roll call. The growth of our Town hasplaced such a burden on our water supply facilities that -it has become advisable to place restrictions on the water- ing of lawns and gardens. Otherwise, citiaens in some high areas periodically will be without water for fire protection and normal household purposes. During the summer months the Selectmen have re- quested that persons living in homes with.odd numbers restrict their watering to the odd num.. bered days of the month and between the hours of midnight end 9:00 A.M., and those in even numbered houses for the same hours on the even days of the month. These limitations will help in maintaining proper water pressure. This notice is sent because we understand that you 1 563 have been watering outside of the hours scheduled. We can only assume that this is due to misunder- standing and that you will now co-operate in ow efforts to provide water service to all townspeople on an equal basis. Upon motion of Mr. Maloney, seconded by Mr, James, it was unanimously voted to sign the following Order of Taking, under the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws of Mas- sachusetts, taking a permanent sewer easement and tem- porary construction easements across the land owned by Eleanor L. Ross and situated between Constitution Road and Ross Road: At a meeting of the Board of Selectmen of the Town of Lexington held on the 30th day of July, 1956, it is ORDERED:; Whereas at.a Town Meeting duly called, warned and held on March 7, 1955, namely at an adjourned session thereof duly held on March -28, 1955 in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: To authorize the Selectmen to install a san- itary sewer main from the sewer pumping station ina general southerly direction toward the intersection of Massachusetts Avenue and Paul Revere Road in such locations as theSelectmen may determine and to take by eminent domain, purchase or otherwise'to appropriate for such installation and land ac- quisition the sum of $400,000.00 and to provide said sum by the issue of bonds or notes of the Town, and that the Treasurer, with the approval of the Selectmen, be and he hereby/authorized to borrow the sum of $400,000.00 and isaw /is bonds or notes of the town therefore, to be payable in:ac- cordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined that said sanitary sewer main should be located in the land hereinafter described. NOW,THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtues of the provisions of Chapter 504 of the Acts of 1897 and Chapter 9 of the General Laws, and all acts in amendment thereof'in,any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, embankments, walls, pipes, culverts and other appurtenances, 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 fol- lowing described parcel of land situated in said Lexington and shown on a plan entitled "'Plan of Sewer Easement in acquire any fee, easemgnt or other in land necessary therefore; and, and in addition thereto, and of any and every other power and authority us hereto, 564 Lexington, Mess..", dated July 25, 1956, Whitman & Howard, Engineers, to be recorded herewith, and bounded and des- cribed as follows: Beginning at a point in the easterly side line of Constitution Road, which .point.is the northeasterly corner of said road, thence runningsoutheasterly by a curve to the right with a radius of 970.80 feet along said easterly side line of Constitution Road distant 105 feet to a concrete bound; thence turning and running South 71°241 22"' West across said Constitution Road distant 40 feet to a concrete bound in the westerly side line of Constitution Road; thence turning and running northwesterly by a curve to the left with a radius of 867.80 feet along said westerly side lire of Constitution Road distant, 46.26 feet to a point thence turning and running South 65° 47' 28" West through lot #5 distance 196.72 feet to a point; thence turning and runnig South 22°48':.40r East through said lot #5 distance 103.02 fest to a point in lot #4; thence turning and running Sohth 56 29' 25 West distant2.31.64 feet to a point; thence turning and running southeasterly by a curve to the left with a radius of 320 feet distance 123.98 feet to a point; thence running South. 49013' 03" East distant; 70 feet to a point; thence turning and running South 40° 46' 57" West distant, . 145.96 feet to a point; thence running southerly by a curve to the left with a radius of 12D feet*to a point: thence running South 170 26.' 0" East distant 316.05 feet to a point at the north- easterly corner of Ross Road; thence turning and running* terminus of Ross Road distant 40 feet; thence turning and running North 17d 26' 0" West distance 316.05 feet to a point; thence running northeasterly by a curve to the right with a radius of 160 feet distant' 162.57 feet to a point; thence running North 400 46' 57".East distant 75.96 feet to a point; thence running northerly by a curve to the right with a radius of 360 feet distant 150.80 feet to a point; thence turning and running North 560 29' 25" East distant 253.38 feet to a point; thence turning and running North 22448' 40" West distant 106.97 -feet to a point; thence turning and running North 650 47' 28" East distant 216.94 feet to a point in the westerly side line of Constitution Road; thence turning and running northwesterly by a curve to the left with a radius of 867.80 feet along said west- erly side line of Constitution Road distant 33.12 feet to a point at henorthwesterly corner of Constitution Road; thence turning and running North 64° 46' 44" East along the northerly terminus of Constitution Road distant 40 feet to the point*beginning; all as shown on said plan and marked *of "Sewer Easement". And we do hereby also so take temporary construction easements, for use in constructing the sewer now to be in- stalled in t he'easement herein above described, in * permanent various strips of land adjoining said permanent sewer easement, said stri:ps.being of such width as to provide, when added to the permanent easement, work space of 25 * distant 121.93 feet * South 720 26' 0" West along the northerly 1 1 1 56 feet on each side of the proposed location of said sewer, all as 'shown on said plan and marked"Temporary Work Ease- ment", and said plan is incorporated herein for a detailed description of sz-d temporary construction easements. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and, in general, to make all use necessary or desirable in connection with the aforesaid sewer construction, and the Town shall be obligated to restore the land to reasonably the same condition in which it was - prior to the entry of theTown thereon. The construction easements shall terminate thirty days after the completion of the sewer construction and, in any event, not later than one year from the date of this order, Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the right of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respec- tive rights in and to the use of their lands lying within said described strips for all purposes not inconsistent with the use thereof ;for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. No betterments are to be assessed for that part of the sewer main that is to be installed in the permanent easements herein taken. Any trees upon the land included within the above described parcel and strips are included with in the taking, The land in which the aforesaid rights and easements are taken are believed to belong to Eleanor L. Koss, but if the name of the owner of such land or of any interest therein is not correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us. And said Board, having considered the question of damages,hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid, this 30th day of July, 1956. Hayden Deed Haskell W. Reed Ralph H. Tucker Ruth Morey Raymond W. James William E. Maloney Majority of the Selectmen of the Town of Lexington COMMONWEALTH OF- MASSACHUSETTS MIDDLESEX, SS. AUGUST 27, 1956 Then personally appeared the above-named Haskell W. Reed, Raymond W.. James, William E. Malo}ey, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murray Notary Public My commission expires: Nov. 29, 1957 At 9:40 P.M. Mr. Saum, representing the Hayden Foundation, and attorney Daniel A. Lynch met with the Board with reference to deed, prepared by Town Counsel, conveying two parcels of land to the Founda- tion pursuant to vote of the Annual Town Meeting under Article 74. Referring to a plan, the Chairman said that it was his understanding that everything is agreeable as the Board spoke of, deeding the two parcels as they were with the exception of a small parcel and a thirty-foot sewer easement. He said the Selectmen will present another section to the Special Town meeting. In the meantime the Board would grant per- mission to go back and forth over the property as deemed necessary. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign the deed as presented by Town Counsel and agreed to by Messrs. Saum and Lynch. The Chairman explained that folbwing-the Fall meeting the Foundation will give the Town easements for the water that is in there at the present time. He further stated that if Worthen Road is not con- structed within five years, it will not be done at all. Mr. Lynch said that any time within the period of five years from the date of the deed that the Town 1 1 votes to extend Worthen Road, the Foundation will give the Town the extension. The Chairman stated that any time the Foundation feels it would like tome of the back land the Board of Selectmen would be very willing to discuss the subject. The meeting adjourned at 10:05 P. M. A true record, Attest: ecativei lerk 567 568 SELECTMEN?S MEETING August 6, 1956 A meeting was held in the Selectmen's Room., Town Office Building en Monday, August 6, 1956 at 5:00 P.M. for the purpose of opening bids for Sewer and Drain Work, Contract No. 2. Misers. James and ¥aloney, Mr. Gayer, Superintendent of Public Works, Mr. Howard, representing Whitman & Howard, and the Executive Clerk were present. There were twelYe other individuals at the meeting. Bids were opened and read by Mr. Howard as follows: Bidder R. A. Buccellaa & Sons Benedetto Bros., Inc. 0, L. Guild Construction C. DiMartino & Sons, Inc. N. Cibotti Co. Richard White Sons, Inc. A. D'Alessandro 8Usi & DiSantia Certified Check Bid Alternate 1 00,000 $170,535.00 2,000 157,239.00 $1542239.00 Co. 2,000 131,090.00 134i090.00 2,000 135,047.50 132,84150 II 2,000 20I4s 310.00 201}, 310.00 2,000 170,657.00 167,657.00 2,000 -%'&,070.00 220,070.00 2,000 1142, 930.00 1142, 930.00 Mr. Howard advised that the Board would take the bids under advisement and the meeting adjourned at 5:25 P. M. A true recor4 Attest: Exec ive Oler iseleetmwr 569 BIDS FOR SIDEWALK SNOW PLOW TRACTORS August 10, 1956 Sealed bids were (received for sidewalkmow plow tnacters inithe Selestmen'a Room, Town Office Building on Friday morning,. August 10, 1956 at 10:00 A. M. Mr. Gayer, Superintendent of Public •Wrks, the Executive Clerk and two bidders were present. Bids were opened and read by Mr. Gayer as follows: H, F. Davis Tractor Company Two Oliver Model 0C3-31"' gauge crawler tractors Price delivered to Lexington (Each $4,055) *8,110.00 One Angl•doaer conversion blade 250.00 Two Industrial Cabs (Each $3:5) 690.00 Trade In: Cletrac Model E_31 *300 McCormick Deering Model 20 150 Alternate Two Oliver Model 006-32" gauge crawler tractors Price delivered to Lexington (Each *5,295) 10,590.00 One Angledos.ery conversion blade 250.00 Two Industrial Cabs (Each 11520) 1,040.00 Trade In: Cletrac Model E-31 4350 McCormick Deering Model 20 200 Terms: 1% for cash, 15 days after delivery Delivery: Immediately Pesco Equipment Corporation Two Terratrac Crawler -mounted sidewalk snow plow tractors Model 200 One extra bulldozer or angledozer blade to be furnished Price complete @ $4484.00 each *8968,,00 Trade In: CIetrac Model F-31 and McCormick Deering Model 20 0"00 .0 Optioned equipment Cab - Price complete 089.00 . Teril: Net next town payday Deldtery: Approximately three weeks 1 SELECTMEN'S MEETING August 13, 1956 It regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 13, 1956 at 7:.10 P.M.Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Supe t. of i.Public Works, and the Acting Clerk were also present. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted that Mr. James be elected Chair- man Pro Tempore. Mrs. Morey made the suggestion that..an acting chairman be elected when the chairman was out of town in the event of matters coming up during the week that needed attention and for the signing of letters etc. Mr. Maloney stated that. it was the custom to elect the oldest member in service for the evening but that he thought it might be interesting and in- structive for each member to have the opportunity. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone P®le and Telegraph Company far location of one JO pole on location Gleason Road, easterly side,approximately 85 feet south of Dee Road at 7:42 P.M. Mr. Mahon, representing the .Boston Edison Com- pany, was the only person present at the hearing. He explained that this"Was a relocation to permit entrance to a driveway. Mr. James desired to know if -it were to be set to the lot line and Mr. Mahon replied in the affirmative and showed its location on a plan., Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the -following pole location: Gleason Road, easterly side, approxi- mately 85 feet south of Dee Road, -- One (1) pole. (One existing JO pole to be removed.) Mr. Mahon retired at 7:52 P.M. Mr. Maloney reported that the problem of Mr. MaoNeil's driveway had been turned over to Mr. Gayer 572 who is getting it ready. Mrs. Morey stated that she noticed how close to the railroad 5 feet Was. Mr. Mahoney said they discussed taking the --cor- ner of Mr. MacNeilts building and Mr. MacNeil was in accord with his building facing the other way. Mr. Gayer opened discussion on sewers and drains with the. Board. He stated that they had $86,050 in the budget for.sewers. Now Spencer Street has been added which will be another $2,000, widening an Massachusetts Avenue opposite Ariel Oil Company which -Will amount -to $3200, Bedford Street almost tip to Tewksbury Street which will be $7,000 and 450 feet on Cedar Street which was not -on t he budget and which will amount to $10,500. This is the part that'comes/from Massachusetts Avenue/in near Paul Revere Road. This was not an oversight on Discussion anyone's part. The original petition was for -2600 feet of sewers and one of the people mislaid it. They sent a second petition which included 450 feet more. Mr. James desired to know if the second petition came in after Town Meeting had voted and Mr. Gayer. thought it came'in before. However, that meant that only 2600 feet were in the budget. Mr. Gayer said there were carryovers but they were .going to be close =this. On the D'Alessandro contract on Maple Street, an extra man hole is needed by the school, so the carryover will not help out too much. It boils down to the need for about $15,000 he thought. He said that the low bid was about $15,000 more than What was needed to complete this. Mr. James thought that Spencer Street, 200 feet of it, was in the budget. It was thought necessary to see that the man, across from Arlex Oil had serer but that it was not so important to tie the two ends together on Massa- chusetts Avenue, Mr, Maloney thought Mr. Gayer could do this sewer job himself. Mr..Gayer stated that $86,000 was appropriated for sewers last year, actually $103,000, but $18,000 was taken off for Henderson and Blake Roads which will be included in Street contracts. Mr. James thought they could ask for more money at Town Meeting in the Fall or pick .it up in an article in the Spring. Mr. Maloney asked if the bid were.$132,000, how much -would they have to have for that work and Mr. 1 4tl James desired to know what the difference in amount was. Mr. Gayer replied they thought they have $135,000 and the bid is $132,000,there is engineering to be considered etc. He asked if they should omit $15,000 worth of the work or should they ask for $15,000 more to do it. Mr. Maloney said that these were estimates and they might run into ledge. Mr. Gayer said they could patch Cedar Street and not have it permanent until next year and they could cut corners. They could probably do Spencer Street themselves and hitch up Massachusetts Avenue. Mrs. Morey said that in thit event, they might let something/go which might be more important. /else Mr. Maloney thought that Mr. Gayer's proposal could be done. Mr. James asked if they did not put that extra 450 feet in now in Cedar Street, what the result* would be. Mr. Gayer said they would have more money, Mr. James said that he would like to leek in the Beard's notes when they were discussing sewers and if they discussed only 2600 feet, he thought that was all they should do. He ascertained that this price was the unit price. Mr. Maloney agreed with Mr. James but thought that Mr. Gayer could report on 'It and if they found the situation good, not too much ledge and not as much expense, they might be able to do more. As they approiaehed it, they would have a better idea. Mr. Tucker asked:IC in these oentracts, the con=. tractor'runs into ledge, do they have to be paid more. Mr. Gayer replied that they include some ledge in the estimate but it can run into more money if they run into a lot of ledge. Once the contract is let, the contractor completes it regardless of expense. Mr. Gayer introduced the subject of sidewalk snow plow tractors. Mr. James asked what the appropriation was and Mr. Gayer replied that it was roughly $12,000. Mr. Gayer recommended getting the larger H. F. Sidewalk Davis Oliver tractor, including the Anngledozer blade snow plows which had less horsepower butIhe felt would do a better job. Mr. James asked if he thought the 0,000 would be well spent for the difference and the reply was in the affirmative. r 5 4 Mr. Maloney thought it would be an advantage. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to purchases H. F. Davists Twe Oliver Model 006-32" sidewalk plows with onegledozer blade. Mr. Gayer said that on that grader hewould like to have a wing and he thought •they,could patrol Massa- chusetts Avenue with a wing which would release three trucks. Mr. Gayer gave Mrs. Mercy the garbage contract, part of which she read aloud to the Board. Mr. Maloney asked hole many complaints Mr. Gayer had daily and` he replied that today he had only '6 or 8 but usually there were about 30. Mr. Maloney asked if he picked the garbage up Garbage when they called in and Mr. Gayer said that he picks Contract up the calls every day. He read the Board a letter from some new residents in Lexington residing at 38 Paul Revere Road who reported they did not receive collection unless they called in each time. He had so many complaints from them that he finally deducted #5.00 from Mr, Collins remuneration. Mr. Maloneyid that that contract was 410 000 , lower than the other bid. Mrs. Morey said that now there were many more streets and people which made it more difficult. Mr. James said that perhaps they should talk to Mr. Collins and asked if it would be possible for him to collect the ---garbage properly if he were getting more money. Mr. Maloney explained that he had had a prob- lem in getting and retaining help. Mr. Gayer left the meeting at 8:35 at which #ime the Fire Commissioners, Chairman Sheldon, Messrs. Roeder and Fitzgerald, met with the Board. Mr. James said that the Board had no idea What aubjeot'the Fire C©mmi.ssion-ere wished to discuss. Fire Mr. Sheldon gave each member of the Board a Commissioners memorandum to read and stated that they were out of money for the reasons outlined and were holding up 0463. -Mr. Roeder said they had not funds to pay it with.- He said it was part of the whole personal service account but if they pay this now,. somebody 1 575 might not get paid in December. He said that this year they asked for $2,000 for Extrm Duty and the snow storms wiped it out. Mr. Tucker asked if the Extra Duty men were call mien and Mr. Sheldon said theyt.wereused for inspections and vacations and some are call men and some regular men. Me said they endedthe year with obligations from last Fall, Mr. James asked if there were two ways in which these fellows could get paid - one by money and one by time off and could they choose whichever they wished. Did this money shortage arise in some part due to the fact that they have not been able to take their time off? Mr. Sheldon reported that they have said they must take money. Mr. Roeder stated that if they do not take time off and cannot end-eassles-take time off, they pay them. He said that when the'present Fire Commissioners took over that there was Extra Duty running back for gears so they squared the thing off and started fresh to'keep a record of it. Fire Mrs, Morey said that $438 still had not been paid Commissioners and they should have had it on the first of May. She Transfer desired to know why it wasntt paid, Mr. Sheldon said they were running out of money at that -time. Mr. Maloney asked if they had any funds at all in that account and Mr. Sheldon said they did not, that. it was a special account and they could not dip into the weekly account. Mr. Roeder said that $138,000 consists of regular man and call men and $2,000 is Extra Duty and Mutual Aid and -$1,000 is secretarial services. Mr. Sheldon said there Vas no leeway. Mr. Maloney suggested asking for it at the Fall Town Meeting. Mr. Roeder said that if there were any money available they would like tome now. Mr, Sheldon said that if the Selectmen would put it in the warrant,, the could pay it now on the theory that they would get it. Mr. James asked if the Selectmen made a sugges- tion that the Appropriation Committee make a transfer from the Reserve Fund,would the Fire Commissioners go over there and tell them the story. Mr. Sheldon replied in t he affirmative. Mr. Fitzgerald said that some of the men really needed their money. 516 Captain Fisk vacation money Extras man Fire Dept. Mr. Roeder said that the 1951+ amount was only *32. This year it shorthandedness, sickness etc. Mr. James requested that they a letter requesting a transfer for Satre, Duty total was $463 due to write the Board this appropriation. Mr. Sheldon then went on to say that they felt as a Board that they would like to give Mrs. Fisk the vacation money .3Mr. Fisk never took and they voted her the vacation. The man hada vacation -coming to. him. ' Mr. Maloney said that he thought that was their decision. Mr. Sheldon said that they, wanted the Board to know they did it. Mr. James asked if Captain Fisk would have'had four weeks. Mr. Sheldon replied that he would but they just figured on giving Mrs. Fisk the two weeks. Mr. Sheldon said that they have four men on the disabled list and have had to use these men sparingly such as on the desk. This leaves them shorthanded and aggravates the Extra Duty situation. He wished to know -hes -the Board would feel about an extra man. One man at th t ;.time^would help quite a bit for the balance -of the year. Mrs-. Morey asked if they did not have -Captain Fisk's salary and Mr. Sheldon replied that they•have replaced him by a private. Mr. Roeder reported that thereis an examina- tion September 15 for a Lieutenant and they will have to have an officer. -Possibly they could pay the ex- penses for the examination out of Personal Services. Mr. James asked if it were a Civil Service examine ation and Mr.'Sheldon reported that they will hire the Chief from Belmont to give this examination•on his crani time. They do not have any records of that sort of thing available. Mr. James asked if he would snake up the examina- tion, give it, grade it and make up the results; and the reply was in the affirmative. Mrs. Morey asked if they had a waiting list and Mr. Sheldon said they always had one. Mrs. Morey asked if they were getting a physical examination now and Mr. Sheldonareplied in the affirma- tive - that the Board gave them and they are using it. 1 577 Mr. Roeder @a<id it was -Dr. Learyts list. Mr. Tucker asked how long was the time before a man went on after Captain Fisk died. Mr. Sheldon replied that it was three weeks pos- sibly, that they had a man on the waiting list who was No. 1 and they put him on. They are meeting about the middle of October and it would mean 7 or 8 weeks -at -the outside. Ni'. Maloney asked if they found that the men en- joy extra pay or do they want to get off. 1&t'. Sheldon said that they would always work when they want them to or when one of the men has an emer- gency at home but they are not asking for work. They can get more money outside. They pay $1,26 straight time. The Pollee get $2.00 per hour. Mrs. Morey mentioned that fact that it amounted to the same thing where one was straight time. Mr. Sheldon asked the Board what they wished to do about the new man. Mr. James said the Board would talk about it and if they comet to an agreement, would make up an article and the Commis ioners could write a letter at that time. Fire Mr. Sheldon said he had aletter from Roy Cook Department: on the dump. There is dumping from Arlington and Dump other towns. Refuse and garbage is dumped up there and the place is alive with rats. 'There ire 4 or 5 dead dogs up there. They put in 90 hours of extra duty inpaddition to what the regular force did.' There was damage to the hose. A million gallons of water Nero dumped there and it cost the Town something. They now hate some suggestions. Limbs and papers should be segregated and not put together. If papers could be segregated and burned daily, allot of burning would be eliminated. They have requested before and suggest again that a 2* inch line be run in there. Mr. James"asked if they meant a permanent line with a hydrant. He said that he had been up there for the "'last" two. Saturdays, Mr. Roeder said that-papa/it should be On _t" flat surface and burned, then wet down and pu hhed over. The trees should be burned when it rains. He said that Arlington had a special dump for trees. • Mr. Fiztgerald suggested that they have a special gran up there to burn. Mr. Sheldon said that smog was created by•burn- ing papers and trees all together and that papers 578 Chap. 90 Dump alone will, not create smog. Mr. Roeder said that two or three years ago the discussion they had with the Selectmen when Bill Burns was there was that Public Works would furnish all nozzles and hese. The nozzle:repaired was *90'from damage at the dump. He said that Bill Barna agreed to buy enough hose and nozzles to take care of the dump work, Mr. Tucker asked what caused the damage to the nozzle. Mr. Roeder said that a truck backed in there and backed over it. Mr. Maloney suggested using smaller hose of 1 or, 1* inches. Mr. Roeder said that cheap nozzles would do it. If the hydrant were there, it 'could be shut off or turned on at any time, The Fire Commissioners retired at 9:10 P.M. Mr. Gayer returned to the meeting at 9:15 P.M. Upon motion o4, Mrs. Morey, seconded by 1+1r. Tuoker, it was voted to sign agreements for maintinance of Wood Street, Chapter 90. The Chairman informed Mr. Gayer of the' Fire Com- missioners suggested re the dump. Mrs. Morey asked how long it would take to in- stall a hydrant and Mr. Gayer said about two days. Mr. Gayer said that they had pLanned on that and a house for the caretaker with a telephone in it, but it was just one of those things they had not gotten to yet. Mr. Tucker asked how much it would cost go bring - a line -in. Mr. Gayer said he was figuring on a 6 inch main. If they had that, they could hiteh the fire engine on to it. Mrs. Morey suggested be bring in a figure. Mr. Gayer said he had Money in dumps he thought he could put it on. Mr. James read the letter from Mr. McFaul re- garding seder abatement at 94 Spring Street. He also read the answer to the Selectmen from Mr.'Gaye' Mrs Maloney mentioned that this was teltOn up before when the three houses were built there. Since that time two of the houses were sold and this is the 1 third one. It was agreed with the men before the sewer was put in that Usu. betterment would-be paid off be- fore they got in, Mr. Gayer said that lots of places they were paid. Mr. Maloney felt that you could not charge them for something you could not give them. Mrs. Morey asked if he were at a spot where he could run a line in at an•angle which would give hime complete service, and Mr. Gayer said that in some cases that was possible, but not here. Mr. James said he would like to give this man some abatement but he would like to wait until Mr. Reed returns before it is voted on. - Mr. Maloney said that he was told before that 50% would be fair. It was decided to hold this over for ?dr. Reed's return. Mr. James read the Board the letter from t he property owners on Lincoln Terrace requesting the street be accepted as a public way. Mr. Gayer was asked to take care of this and he laid he would make estimates of costs or betterments and get the petitions signed. It was determined that the street is sewered and built on solid ledge. this is just a formal Town Meeting vote if the drainage is all right. The letter from the Cary Memorial Library Build- ing Addition Committee was taken under consideration. This was a hold over from the last meeting. Mr. Gayer had made a plot plan which the Board looked over. Mr. James thought they wanted the Library prop- erty squared off. Mrs. Morey said that if the building were in use, it would not be able td be obtained ataminimum price. She suggested adding to Douglass' driveway another driveway which would make it easier for any car to turn in although it would eliminate one parking space on Massachusetts Avenue. She reported that -the com- mittee did not wish to-lose•the lawn because they de sire an outdoor reading room but they would have to lose some of the lawn. Mr. Tucker agreed on this and felt that parking facilities were more important than an outdoor reading room. Mr. James suggested having somebody ask Mr-. Douglass what his price would be. Mr. Maloney said that he would be glad to talk with. 579 Lincoln Terrace street acceptance Parking facilities for library 580 Mr. Douglass about a common driveway and common parking space andfelt_Mr. Douglass would be co-operative. Mr. James gave the plans to Mr. Maloney and re- quested he talk with Mr. Douglass. Mr. James read a letter from Thomas A. Sweeney regarding the speeding on Concord Avenue with special, mention made of the school children. Mrs. Morey reported that these children go.to school by bus. Mr. Gayer stated that if they start posting signs there, they will be posting them on every streetin town. He said they had *nem Children" signs. Mr. Tucker said it seeme4 as though they ig.ght get some different signsuch as "Narrow Residential' Streets - Slow Down*. Mr. Gayer said they bad two "Slow Children* signs. Mr. James and Mr. Maloney suggested putting them up over there. Mr. James requested a letter be written to Mr. Sweeney -informing him that the Board was having these signs put up. In regard to the letter from the residents of Street Wyman Road requesting streetlights in said road lights it was decided to have Mr. Gayer check into it. Mr. James read a letter received fron'the resi- dents of a portion of Harding Road requesting that that portion immediately adjacent to their proper- ties be. paved. It was determined that part of Harding Road was not accepted amd that it would. call for esti- Harding Rd. mates. Harding Road was done some years ago and street Williams Road developement came later sin that it acceptance left this little piece of road. This was referred. to Mr. Gayer. The garbage contract was again taken under dis- cussion. Mr. James suggested having Mr. Collins. in Garbage to meet with the Board. Mr. Gayer agreed this would be feasible. Mr. Tucker asked how serious, the situation was and Mr. Gayer said that the contract calls for two pick ups a week and asked the Board what he could say when people ask if that is not the case. Mr. Maloney thought he should pick it up im meadiately on a complaint but ahould.have three trucks in there all the time to do this. 1 581 Mr. Gayer said that sometimes some of Mr. Collins' help talk to the citizens and of course, do not know how to talk to them, Mr. Tucker inquired if the situation were bad enough to have Mr. Collins in and suggested that Mr. Gayer keep a record of how many trucks he has on every day for two weeks. Mr. Gayer asked if the Board wanted collection once a week or twice a week and did they wish to give hisv more money or what. Mr, Maloney suggested that Mr. Gayer use every method hoishould to have, him enforce collection insofar as possible. Mrs. Morey said that the contract should have. been on a sliding scale. Mr. James said he would like, to wait until Sep-. tember 1 before doing anything because there will then be more people living in the t•;wn, back from vacations. Mr. Gayer retired at 9:55. It was thought that the Golf Club should be al- lowed to water every night from 12 to 9:00 A,. M. Mr. James read the letter from Attorney Paul J. Violation of McCormick written to Mr. Robert Trebino of 63 Spring Zoning By - Street, a c®py of which was sent to the Board, re- laws garding a zoning by-law violation. It wasdetermined to give a copy of the letter to Mr. Donald Irwin, Building Inspector, as this was under his jurisdiction. The. letter from Mr. Sama.el. P. Snow, Planning Director, regarding revision of the General By -Laws Revision of was read by Mr, James. General Mr. James thought somebody should talk to Mr. By -Laws Snow about it. Mrs. Morey thought it seemed reasonable that this could be done while a committee was making recom- mendations. Mr. James thought the Board should,know what should be changed and wondered if it were necessary to have a committee to change these things. It was decided to make an.appointment with.Mr. Snow to come in and have him point out some of the things needed to be changed. Also it was decided to include this in the list for the Town Meeting subject to dropping late$ 582 The letter from the Commonwealth of Massaohus- etts B'mergency Finance Board ene1os ing the vote ap Borrowing proving the borrowing for the Franklin School Addit- ion was read by Mr. James. The letter from the Town of Reading enclosing a questionaire relative to Parks and Recreation was Questionaire taken under consideration. Mrs. Morey said that Mr. Snow would have the answers to some of it, the Recreation to another part and Mr. Gayer to the remainder. - It was decided to have Mrs. Morey see that the proper ones filled it out. The letters from the planning Board and from Mr. Alfred P. Tropeano relative to Lots 27-30, Block #1, Neagher Plan were taken under consideration and it was decided to' take then up with the Planning Board later in the evening. The letter from Mr. Alfred P;vIropeane con - Tax Title cerning Lot 7, Eastern Avenue,. was taken under con - property sideration, Mr. Maloney said that the man who owns Lot 9 won't sell it. It was decided to write aletter saying that Lot 7 Eastern Avenue was sold to Manuel Souza, 12 Eastern Avenue on December 6, 1954 and the deed was recorded January 21, 1955, and that the Selectmen do not consider any modification on the restriction on Lot 8 to be desir4able. Upon motion of Mrs. Morey, seconded by Mr. Sidewalk Tucker, it was voted to sign the sidewalk orders Orders for Lowell Street and Lincoln Street. Request from the Civil Service concerning Joseph Belcastro was to be filled. out after con- sulting the Chief of Police. At 10:35 P.M. the Planning Board not with the elanning Selectmen concerning Lots 27-30, Block #1, Meagher Board re: Plan. Tax title Mr. Snow showed the Board a plan with a scale of 200 feet to an inch of Garfield Street and the Magnuson property access onto Reed Street.. There are t. Lots involved out of which they want access and he said he had not seen any layout and they dol;not know Tax Title property 1 58ti where they want to come out. He said they do not need L lots *Ad needed 50 feet at the most. Coming out of this Altos is a very poor intersection. Mr..J'ames asked Mr. Snow if they could suggest to Mr...Tropeano that he get straight with the Planning Board before he obtains the land. Mr. Snow said they had not seen the plan. A year ago the Planning Baord said this was a subdivision. They passed title to the property without putting a plan on record and have subdivided somewhere down near this line. The Board should find put what they want to do first. Mr. James said that perhaps the Board should have Mr. Tropeano and the Planning Board in at the same time. Mr. Snow asked what was going to be done with the * other two lots as only two would be needed for a street. -'Mr. Jaquith said that a house on two of these lots would make a very small lot. .Mr. Snow suggested asking Mr. Tropeano.to show what they were'going to do and ask to see the plan. Mr. James thought they should find out what they are going to do with the whole area. Mr. Snow reported that Mr. Flannery wanted a dead end street with no turnaround. Mrs. Morey asked if there were any other way and had all the lots been built upon. Mr. Snow replied in the negative. He said it was not a question of comming out here but a question of what lots they are coming out on. This could be faced one way or another. Mr. Tucker said they drove way up in there. Mr. Snow said one could walk through the area. He said it was a pretty wooded area and some of the best land in Lexington was right there but there was a poor approach. If they sell orptain lots,that fixes the plan. They just bought so many feet in there and the rest is by deed. Mr. Jaquith said he would like to mention one other point. He wanted to know if.:the Board knew the status of the road coming off Wood Street and what portions Proposed would be taken by the State by eminent domain. road Mr. James said they did not know even though they were supposed to know by July 1. However, they did know it was goip.g through. Mr. Jaquith said that the Planning Board was con- cerned as to zoning, what part would be business. * Were they intending to build a house? 584 Mr. Snow said in regard to Wood Street, if it goes through on a narrow right of way and is taken in the name of the Town, it will be just another Bedford Strebt or Massachusetts Avenue unless it can be made limited access and gotten into manufacturing or researoh. It would be of some value- then. That is why they want to know the status of the road and whether the Town will have any say as to the cross section. Mr. James said that Mr. Gayer was trying to keep them informed. The Planning Board left the meeting at 10:40 P.M. It was decided to write a letter to Mr. Tropeano saying the Board would not consider selling these lots until they knew mdre,definitely what Mr. Flannery pro- posed in the way of development and that the, Planning Board had it under discussion and would make recommenda- tions to the Selectmen. The meeting adjourned or 10:50 P.M. A true record, Attest: Acting Clerk, Selectmen 1 SELECTMEN'S MEETING August 20, 1956 A special meeting Of.the Board of Selectmen was called for the purpose of accepting bids for borrow- ing on Monday, August 20, 1956 at 4:50 P.M. Chairman - Reed, Mrs, Morey and Mr,'Maloney were present. ?he Acting Clerk was also present. Upbm motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to appoint the Acting Clerk as the Assis- tant Executive Clerk. Letter was received from Mr. James J. Carroll, Town Treasurer, advising that the following bids were received for borrowing: Library Bonds dated September 1, 1956, pa; -able September 1 $15,000 in 1957 to 1975 and $10,000 in 1976 $295,000 $470,000 $215,000 School Projeet Loan Dated September 1, 1956, payable September 1 $25,000 in 1957 to 1974 and $10,000 in 1975 and 1976. Town Office'Building Bonds dated September 1, 1956, payable September 1 015,000 in 1957 to 1959 and $10,000 in 1960 to 1976 3% First Boston Corporation Smith, Barney & Co. ) American Seburities Corp. ) White, Weld & Co. Estabrook & Co. ) Lee Higginson Cbrp. ) Hemphill, Noyes & Co. ) Weeden & Co, ) Halsey, Stuart & Co., Inc. Paine, Webber, Jackson & Curtis Hornblower & Weeks; Inc. Ceffin & Burro Inc. First of Michigan Corp. Townsend, Dabney & Tyson 100.339 100.301 100.279 100.279 55 686 The Merchants Nationa3. Bank of Boston 100, Bankers Trust Co. ) Harris Trust & Savings Bank ) R. W. Pressprich & Co. ) 100.54 Harriman,'Ripley & Co., Inc. ) Dwinell, Harkness & Hill, Inc. ) Lyons & Shafto, inh. Chase, Whiteside, West & Winslow ) 100.1967 Upon motion. of Mr.•Maloney, seconded by Mrs. Morey, it was unanimousley Voted that the sale to First Boston Corporation at 100.339 and accrued interst of the follow- ing bonds of the town, namely: $295,000 3 per -cent Library Bonds'(Nos, 1 to 295) dated September 1, 1956, payable September 1 $15,000 in 1957 to 1975 and $10,000 in 1976, and reciting that they are issued pursuant to Chapter 44 of the General Laws as amended and a vote of the town duly passed. $470,000 3 per cent School Project Loan, Act of 1948 bonds- (loos. 1 to 470) dated September 1, 1956, payable September 1 $25,000 in 1957 to 1974 and 10,000 in 1975 and 1976, and reciting that they are issued pursuant to Chapter 645 of the Acts of 1948 and a vote of the town duly passed, $215,000 3 per cent Tose Office Building Bonds (Nos. 1 to 215) dated September 1, 1956, payable September._) $15,000 in 1957 to 1959 and $10,000 in 1960 to 1976, and reciting that they are issued pursuant to.Chapter 44 or the General Laws as amended and a vote of the town duly passed, is hereby approved. The meeting adjourned at 4:58 P.B.' A true record, Attest: Assistant Clerk, Selectmen 1 1 587 SELECTMEN?S MEETING August 20, 1956 A meeting was held in the Selectmen% Room, Town Office Building, on Monday evening, August 20, 1956 at 5:00 P.M. folb the purpose of receiving bids for painting the two stands in the Enclosed Field, Center Playground, Lexington, Massachusetts. Chairman Reed, Mr. Maloney and Mrs. Morey were present. The Acting Clerk was also present. Sealed bids werpenad al end by the Chairman as follows: 4 4... v Roy 0. Leonard, 543 Union Avenue, Framingham, Mass. Painting the two stands in the Enclosed Field, Center Playground, Lexington, Massachusetts $42167.00 Name of the Surety Company New Amsterdam Casualty Insurance Co. Milk Street., Boston, Massachusetts T. Mickle & Sons, 11 Ashford Terrace, Allston, Mass. Painting the two stands in the Enclosed Field, Center Playground, Lexington, Massachusetts $1,875.00 Name of the Surety Company New Amsterdam Casualty Co. 153 Milk Street., Boston The bids were taken under advisement. The meeting adjourned at 5:08 P.M. A true record, Attest: Acting Clerk, Selectmen i88 VOID 1 1 1 SELECTMEN'S MEETING August 27, 1956 A regular meeting of the Board of Selectmen was held in the Selectments Roam, Town Office Building, on Monday evening, August 27, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, Tucker, Mrs. Morey and the :Executive Clerk were present. Mr. Gayer, Superintendent of Public Works, was also present. Mr. James J. Carroll, Clerk to the Board of Jurors 'Registrars, met for the drawing of three jurors. The following individuals were drawn for jury duty: • Robert P. Buckingham, Sales Engineer, 136 Bedford Street; James A, Stone, Salesman, 253 Lincoln Street; Vincent J. Fopiano, Engineer, 74 Middle Street. Mr. Carroll asked if Mrs. Morey had given any further consideration to the subject of locating Precinct 5 Precinct 5 at the Central Fire Station. location The Chairman reported that Mr. Carroll had re changed ceived complaints relative to elderly people en countering difficulty in climbing the stairs and also relative to the lack of parking facilities. He said the Public Works Building was at one time considered but to get, into the room the voters would have to go through the garage and it is impossible to keep the mechanics quiet. He said that Mr. Carroll felt the Central Fire Station could be used. Mr. Maloney said that many people have complained about going to the Parker School because of the stairs. Mr. Carroll referred to the Public Works Building and said that trucks would be going in and out and he thought the Central Fire Station would be a good place* He stated that the equipment would not have to be taken out and the new door makes a seperate entrance. Furthermore, there is ample parking space in the rear, The Chairman said he thought the Central Fire Station would be much better than the Parker School, and that the rescue truck and ambulance would have.to be taken out. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was unanimously voted to eliminate the use of Parker School for voting and to locate Precinct 5 in the Central Fire Station. Mr. Carroll retired. Pole location Garbage collection Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate one pole on Castle Road. Mr. Mahon, representing the Boston Edison Com- pany, Mr. and Mrs. Oscar R. Carlson, 23 Hayes Avenue and Mr. and Mrs. Edward J. Gildea, 5 Castle Road, were present at the hearing. Mr. Mahon explained that permission is requested to relocate the existing i/o pole to an existing lot line from which it is planned to run a service to a home assessed to Frederick'K. Johnson. No one wished to be recorded in opposition, and the hearing was declared closed at 7:45 P.M. Upon motion of Mr. Maloney, seconded by Mr-. Tucker, it was voted to grant the petition and sign the Order for the following Vo pole location. Castle Road, approximately 40 feet northeast of Franklin Road, -- One pole. (One existing j/o pole to be removed.) Mr. Stevens, Town Counsel, arrived at the meeting' at 7:50 P.M. - At 8:00 P.M, Mr. Leonard F. Collins, his collector, Mr. Hill, a hog raiser and Mr. George McFaul, of the Maryland Casualty Company, met with the Board. Mr. Collins expressed thanks to Mr. Gayer for in- viting him to meet with the Board. The Chairman explained that the Board decided to hale Mr. Collins present this evening as, which he probably realized, there had been an unusual number Of complaints this summer relative to garbage col- lection. He said that the Board would like to know if there is some way which Mr. Collins can improve the collection. Mr. Collins replied that it can definitely be improved if rubbish in the garbage can be eliminated. The Chairman said that there was a provision in the contract whereby if the contractor gave written notice to the Board that garbage collected contained certain materials, he would not be required thereafter to collect from that particular building. Mr. Collins said that he gets them all and more. The Chairman explained that Mr. Collins should have written to the Board. Mr. Collins said that he would need a secretary and a bookkeeper. He said that he was fined last 1 3 month and two of the fines he definitely did not feel were justified. • The Chairman said that the Board would like to know how it can help Mr. Collins and how he can help the Board. He said he did not think the answer was rubbish in the garbage and Mr. Collins said that was a large part of it. He said Lexington is one of a few towns that does not have rubbish collection and there- fore he is getting it in the garbage. He said he brought a hog farmer in this evening, one of the largest in the area, to whom he tried to sell his garbage. The Chairman said this situation had never been br►ught to the Board's attention and it was Mr. Collings fault for not advising the Board. Mr. Collins said that what he sells of the garbage amounts to *8.00 a load and that size - truck should be bringing in $20 or $26 a load. He said the profit -is in the garbage. He further stated that there has been a building boom in Lexington and they have not been able to keep up with it. The Chairman stated that Mr. Collins bid the same price for three years knowing that the town was in- creasing. He said the Board realizes that. the.profit is in -the garbage and also realizes that the price of hogs is so low that he is making less. Mr. Collins said that if he could sell a whole lead, it would help. him out for sure. This gentlemen has bought more garbage than any farm around here and would be willing to take it at a reasonable price. He said there is bound to be rubbish because there is no rubbish collection. He said that for instance,• the load Mr. Hill picked up today was full of apples. He said he would go around, make notes and send the Board a letter. The Chairman said that if the trouble is rubbish, the Board could send out notices which might eliminate a good portion of it. Mr. Collins said that he did not think it Was fair that he had $15 taken off his check last month.• Mr. Maloney asked if he felt that he was doing a good job and he replied that, undei' conditions, he thought he was. the Mr. Maloney asked if he could do a better job and he replied he definitely could if the rubbish is elimi- nated. Mr. Maloney asked if that was his only complaint and he replied that without the rubbish he can dispose of the garbage and that will help him out. Mr. Maloney said that the rubbish could not be eliminated and it was too big a problem to try. Mr. Collins said he thought so himself and the. only solution is rubbish collection. The Chairman said that the Board is trying to find out if the only problem is rubbish and Mr. Collins is not saying. Mr. Maloney asked if the situation was always this way and Mr. Collins replied that it was but now it is worse. The Chairman said that when he first had the con- tract he was picking up himself on specials. Mr. Collins said that he is now every day.. He said if there is anything wrong, he gets it. The Chairman asked if he thought he had given the Board the answer, just. rubbish. Mr. Gayer said that there is between eight: and nine days on the collection and Mr. Collins said he doubted that. Mrs. Morey asked if any place was collected more than once a week and Mr. Collins replied in the afti tive. „E Mr. Collins said he has to walk his own way and does not want to come crying to the Board. Mr. Maloney asked if three trucks were enough to give the town the service the contract calls for and Mr. Collins replied in the affirmative. He said he was doing a pretty good job and last year during the corn season he put. on a third truck. Mr. Maloney asked how he proposed to take care ofit next year with all the houses being built and go- ing to be built. Mr. Collins said that if things. don't straighten out maybe he will let the bonding company take it over, as they have-already-beencontacted. He said the con- tract calls for garbage and he is getting everything but garbage. He said that the only one protected in this contract Is the Town. He said he did not like to pick out houses, but everything is being put in. the garbage., Mr. Gayer asked if he ever covered the whole town and picked up twicea week since he had the contract. Mr. Collins said that he did it every fifth day and never had any complaints. He said that the,corn season/during the hot weather is the only time /and there are complaints. He said that he tries to eliminate trouble and never wanted to come in before the Board. Mr. Gayer said he wanted to see if there were something that could be done to help Mr. Collins. 1 Mr. Maloney said that the rubbish is not going to be eliminated wilt is going to be a problem.. Therefore, the Board is asking Mr. Collins to tell it_howto give a reasonably good collection with all these conditions. Mr. Collins said that with the building of more houses he will have to put on another truck and ask the town to help him out. Mr. Maloney said that Mr. Collins should not be tpo proud. The situation is severe and it is going to get worse. The Chairman asked, if rubbish cannot be elimi- mated, how could the town help and Mr. Hill replied by appropriating more money and putting on more trucks. Mr. Collins said that he knew what he was doing when he bid this contract but L4 did not know that the price of hogs was going down to nothing. Mr. McFaul asked what it cost to operate a truck for a year and Mr. Collins replied that if the gar- bage was worth what he could sell it to this man for -- Mr. McFaul asked if he rented the trucks and Mr. Collins replied that he owns them. Mr. McFaul asked the cost of the truck and man for one year. Mr. Collins said that if he could get the gar- bage and.his profit, he would come out on top under normal conditions. Mr. McFaul asked if he kept a cost record and Mr, Collins replied not for each individual truck. Mr. McFaul asked what it cost to buy a truek and Mr. Collins replied that --it is close to $3,000 , for the"body and the truck is $2300. Mr, McFaul asked how much the mints salary would be for a year and Mr. Collins replied that he was not prepared to say. Mr. McFaul asked if it were about *6,000'and Mr. Collins replied that it is more money. Mr. McFaul said that the truck would be amor- tized in a year and $7,000 for the man makes $8,000 a year. He asked if $8,000 more a year on the con- tract would help. Mr. Collins said if hogs were worth a half e reasonable price, that would help. He said he bid the contract on a 20/ market and knew what he was doing. He said he has made moneyin the past on hogs. Mr. McFaul asked if he had *10,000.a year for an extra truck, would it make a difference and Mr. Collins replied definitely. Mr, MoFaul said then all these things would amount to $10,000 for the next year. Pension Mr, Collins said that he had thought about•asking for $5f0o® br $8,000 but has been trying to get by. Mr. 'Waal said he had to think of a whole year ahead. In order to give good service, Mr. Collins must be in a position to put, the truckon when he needed it. He asked if Mr. Collins were in a position now to ask the Board to re -negotiate the contract and ask for an additional sum. Mr. Collins said he would like to think that over, • Mr. McFaul said it was a business arrangement. Mr. Maloney said it would be a good idea for Mr. Collins to think about it as he has no figures to go on. He said Mr. Collins shduld come in with some concrete example of what it is costing. The Chairman suggested that Mr. Collins go home,- figure out how the Board can help him and tell what` the amount would be. He said there will be a Fall Town Meeting coming up. Mrs. Morey asked if there could be a card for each collector to carry in his pocket to be left at the houses where there is rubbish in the garbage advising' that it would cut down on the frequency of collections. The Chairman suggested that Mr. Collins figure out how the Board can help him and come in next Tuesday night with something concrete. He asked if Mr. Collins could do it in that length of time and he replied that he definitely could. The Chairman said that the Board understands Mr. Collins' problem and he understands the Board's•prob- lem. He said the:Board could try to eliminate the rubbish but it is not possible to eliminate it en- tirely. He said that there would be some cards - printed up which Mr. Collins can give to his men. Messrs. Collins, Hill, 'MeFaul and the other individual present retired. Mrs. Howard D. Fisk and her son, Howard, Jr. met with the Board. The Chairman explained that the Board is required by law to have this meeting before any•pension can be paid. He said many things the Board has to ask•are personal but he assured her that whatever is discussed will be'kept confidential. Mr. Stevens explained that it is a question of the need of Mrs. Fisk and the maximum pension of $1500 a year. -He stated that the Selectmen determine the amount, but it is not to exceed $1500 a year and they have to have information regarding her finances. Mrs. Fisk said•that she has a house at 10 Spencer 1 Street and that is all. Mr. Stevens asked if it were a single house and if she received rent, to which she replied in the negative. Mr. Stevens asked about bank accounts or securities and Mrs. Fisk said that all she had was insurance. Mr. Stevens asked how much that was and she re- plied $1500. Mr. Stevens asked'if she were employed and she replied in the negative. ' Mr. Stevens asked if her son lived at home and she replied in the affirmative. Mr. Stevens asked if he were contributing to her support and he replied that he gives his mother $25 a week.. Mr. Stevens -asked if he were paid on the annual salary and what his weekly wage was. Mr. Fisk replied that'before deductions it is abput $90. Mr. Stevens asked if there were anyone else living at home and Mrs. Fisk replied that her daughter and two children are living there but they are building a home. Mr. Tucker asked if the house were free and clear and Mrs. Fisk replied that there is a $4,000 mortgage;. The Chairman asked if that were the entire finan- cial set -Up and Mrs. Fisk replied in the, affirmative. Mrs. Morey asked if Mrs. Fisk had a car and she replied in the affirmative. Mrs. Fisk and her son left the meeting. ' Mrs. Morey said that inasmuch as Mrs. Fisk has no dependents and only herself, she thought $1200 Would be enough and cited a widow with three children would then be paid the maximum. In that way, there would be a difference in the pension paid to a widow with no dependents and one with children to support. Mr. Maloney said that the $1500 maximum was es- tablished to take care of people years ago. Upon motion duly made and seconded it was, Voted) pursuant to the provisions of Section 89 of Chapter 32 of the General Laws, as amended, a pension at the rate of $1500 a year beloaid to Mrs. Ida B.,Fisk, widow of the late Captain Howard D. Fisk of the Lexington Fire Department, such annuity to be payable from April 25, 1956 the date Of the death of Captain Fisk. Mr. Ivan W. Douglas, 60 Paul Revere Road, met with the Board relative to a First Class Agent's license. License i He explained that a First Class license is re. quired in his business. He is a distributor under contract for the sale of hearses and ambulances'and his territory is New England. He said he does not use a showroom or do any repairs. He stated. that he has a building in Somerville where he stores -equip- ment. He said that he does all'his own bookkeeping, orders cars and makes out bilis of sales and hid accounts are checked by an auditor once a month. He said that he has purchased a,house on Paul+Revere Road and would -like to do what he did in Waltham; that is to make one room an office. There will be no customer traffic as the sales are made on orders and the units built'to order. The only reason he is applying for a license is the fact that he had to have it to file because he is under the direction:;: of the State Bureau of Motor Vehicles. He presented the Chairman with the licensethat he obtained from the city -of Waltham. Mrs. Morey questioned if the Board could grant a license to anyone operating a business on Paul Revere Road, a residential area. Mr. Stevens said that was the.difficulty. Mrs. Morey said she assumed the license would read to do buriness at such and such a number bn Paul Revere Road, and the Board would have to watch whether it Is licensing a business in an R1 district. Mr. Douglas said he thought he should license his business there as he will be keeping hig books there and, according to law, the books have to be kept where the license is, He'explained that the only car at his house would be his own car. Mr. Stevens said there is no rule as to which comes first; the license from the Board or•a variation of the Board'of Appeals and he thought Mr. Douglas would have to have both. He said the Selectmen might wait to ascertain whether the Board of Appeals granted a license. The Chairman said that this is a residential area and although there will be no selling or purchasing of cars at this address, he thought the matter should go through regular channels. He suggested that Mr. Douglas file an application with the Board of Appeals to find out whether or not a variance would be granted. If it is approved by that Board, the Selectmen would then grant the license. Mrs. Morey asked how Mr. Douglas was listed in the telephone book and he replied just his own name. He is sole owner of the company. Mr. Stevens said it was not a corporation and Mr. Douglas said that Vas correct. The direct mail from the factory goes out under the name of I. W. Douglas with the address of 6 Paul Revere Road on the letter.. head. He stated that he has been in business since 1938 and has not had more than three funeral directors come in to buy a car in all that time. He said that he is actually a factory sales representative. The Chairman said that l ..Douglas should file an application with the Board of Appeals and if the variance were granted,the Selectmen would issue a license. Mr. Douglas retired at 9:30 P.M. Upon motion of Mrs. Morey, seconded by Mr. Maloney it was voted to award the contract for painting two stands at the enclosed field to Theodore Mickle, an Contract individual doing business as T. Mickle & Sons who awarded submitted a bid of. $1875.00. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the contract for painting two stands at the enclosed field, pre. pared by Town Counsel, between the Town of Lex-. ington and Theodore Mickle, an individual doing business as T. Mickle & Sons in the sum of x.875.00. Mrs. Leroy F. Marek, Chairman of the School Com- mittee, Neil W. Chapman and John Blackhall Smith met with the Board. In reference to the subject of the removal of rubbiah.from the schools, Mrs. Marek said that this School is a problem that should be worked out between the rubbish Committee and the Selectmen; the Town will pay for removal it either way. The Committee feels that it should be done in the most efficient way and/method should /a be agreed upon for the efficiency and to relieve any frietion. The truck purchased by the School Committee did not indicate that the School Department would take care of the rubbish and it is not the type of truck they would have had in mind if that were so. She said that the subject was not discussed with the Board or at Town Meeting. The Chairman said that he has discussed this with the Board and although he did not make any statement at the Town Meeting to the effect the truck would be used for rubbish, it is the understanding of some of the members of the Board that it would be used for that purpose. Mrs. Marek said that the Committee's thinking was different. They would have recommended a larger 10 truck and would have had to have additional person persaMdkL Mr. Smith .stated that when they asked for the truck in 1955 and again in 7956, they listed verbally the things they intended to do with the truck, nonecdf which included the removal of rubbish. He said he did. not think any group brought up this matter that the— school he„school would handle its own rubbish collection. Last year the Appropriation Committee asked if additional help would be necessary and the answer was no because the men would handle the truck. He said if they were going to remove rubbish they would have indicated a different type and certainly more personme to do the job. He explained that what they did intend to do at the Hancock School was to remove the rubbish because it was only being taken away twice,a week. Some of'.the schools have incinerators where a good deal of the paper is and can be burned but the lunch program involves material that incinerators cant -t take. The Chairman said that he did not know if the truck was discussed last year before Town Meeting. He thought it was included in the expense budget and the Board did not know the truck was in there until it came up at the meeting. He said the year before it was a separate article and the Board did know about. •Mr. Smith explained thatitwas/the regular school budget but the Appropriation Committee brought it up as a separate item. The Chairman said that last year it MAS not disc cussed and that may be where the difference of opinion has come up. A few of the members were of the opinion that the truck would be used to collect rubbish, Mr. Maloney said that he recalled much discussion concerning the use of the truck and as he remembered, it was going to relieve the Public Works Department at the time. He said the department has a larger and better truck than he thought it was first going to buy. He said that he was under the impression that the school Department would be much happier having control of it. Mr. Smith said he did not think there was a record any where of this truck being discussed for rubbish re- moval at any meetingby any group. Mr. Maloney asked how much time was involved in picking up the rubbish at all the schools and said he thought it would be worth a try by the School Depart ment. Mr. Smith said that they did try it and it took two men not quite two and a half days with their truck to do it. Mr. Gayer said that it would take two men.one..day 11 a week to handle the rubbish problem, according to Mr. Weisinger. Mrs. Marek said the Committee talked about using the truck for the painters and taking desks from one school to another and taking supplies from a central point to the various schools. Mrs. Morey asked who drove the truck and Mr. Smith replied that there are three maintenance men and the responsibility of the truck has been allocate& ti.iir. Stevens because he is a mechanic. He said it was as- sumed he could handle it without taking too much time away from his. job -as a maintenance man. Mr-. Chapman asked what type of a function this was. He asked ifit was a function of the Department od Public Works or a function that the schools usually taFb care of. He said that, in other communities, the schools have not had to prepare themselves for this function. The Chairman explained that if the Town had rub- bish collection it would unquestionably be a function ofthe Department of Public Works. -Mr. Maloney said that he agreed with Mr. Smith in' many ways. They do have a vehicle and it is es- timated it will take so many hours to do the work and the School Department would have control of it. He said it has not been tried so they do not know for sure how inconvenient it would be. He said he thought it -would be worth a try and if it does not work out, the Selectmen and the Department of Public Works could then work •something out. He suggested that the School Department find out how much it will cost and just what it does.do. Mrs. Marek said one problem is to handle it for the four months left this year and the other problem is to find/if it is going to be handled next year./out Mr. Maloney said if the School Department tries it for a couple of months, they will be able to see that it will or will not work. Mr. Chapman said that was a good idea but he felt the schools are not in the rubbish collection business and he did not think they should be. He said the res- burants have to make provisions for rubbish disposal and the School Committee could do it if it were agreed that it is not a function of the town. Mr. Maloney said this was not a common practice throughout the town and it is a special service. Mr. Smith said that rubbish disposal is not the function of the schools in most communities and it ia'handled by the Department of Public Works. 12 Mr. Tucker said he would like to see the School Committee try to handle the problem itself, at least give it a try. Mr. Maloney pointed out that the Department of Public Works is pressed more than the School Depprt• meat at the moment and if this does not work, fhe School. Committee can let the Selectmen know. Mrs. Marek said one group or the other will need some extra money and it is a question as to which group will need it. Mr. Maloney said that an opinion was being formed without giving it a try. Mrs. Marek said the Committee would be taking a man away from some other work. Mr. Chapman said he did not think it was School Department business to remove rubbish. It, is a town' function and nine timed out of ten the towns do it. Mrs. Morey asked if the rubbish collection were done by the Department of Public Works through June or when did'it cease. Mr. Smith said that they were never notified that it would be discountinued. When the truck was pur- chased there were rumors and he wrote Mr. Gayer about it. He said for years this money has been in the bud- get and asked why it was discontinued in June. Mr. Gayer explained that it is not a matt.er'of money. His men are working six days a week some- times seven days a week trying to get water and sewer into houses and he feels his work is more important than picking up the rubbish from the schools. He said he has less men than the department has ever had be- fore. There is over 100 miles of pavement and there has been more sand put on than ever before, with only one sweeper and less help. He said as much as he would like .to do it, he just can't get to the schools to sweep the sand and it is not just a case of not wanting to do these things. Mr. Smith said he spoke to Mr. Gayer in April be- cause of the sand being traeked into the schools. The School Department doe® not have equipment for removing it. He said if the. Public Works Department sands the areas, it should be responsible for removing the sand. Mrs. Morey said this all boils down to the fact that more men are needed in the Public Works Department. Mr. Chapman inquired about long range plans in regard to Public Works services and Mr. Gayer said that he thought, in relation to the rubbish, the Board will have to consider next year whether or not the Town wants to pick up rubbish. If there is a rubbish col- lection program, the School Department should be in. eluded in it. Mr. Gayer referred to the sand and stated that he told Mr. Smith that, if the School Department would pay for it, he would get the sweeper out on Sundays to pick it up. Mr. Chapman said the Committee could go out on contract for this rubbish collection. Mr. Maloney asked how much it cost to collect the rubbish at the Haneock'School and Mr. Smith replied that it was $15 per month, .Mr. Maloney asked how many schools and Mr. Smith said that some schools would have eight or ten times that amount and on a school basis $150 a month would do it but he thought the figure would be nearer $400. .Mr. Maloney said if the Department of Public Works has been doing that, it cost $3800. Mr. Tucker said it seemed to him that it would be worth while for the School Department to give the rub- bish collection a.try and the Department of Public Works should remove the sand. Mrs. Marek asked if the Selectmen wanted the School Department to go out and purchase the equipment to do the work. She said she did not think the Town Meeting would want that. Mr. Maloney said he still thought it would be worth trying. Mr. Smith said his staff was planned and developed for a program that did not include rubbish collection but he would be willing to try it. Mr. Maloney said he did not think it necessary to hire extra men for it. Mrs. Marek referred to bus transportation and reg► ported that the Committee has asked the State to make a traffic survey. She said all the Committee can do is•,get a traffic count and provide bus transportation an an emergency basis where it is indicated.. The Chairman inquired as to -the time of day they could be taken and Mr. Smith said that has given them the school hours. Mrs. Marek said she hoped the Police Department would give the schools as much help as possible to .slow the traffic down, " The Chairman reported that four additional Police Women have been appointed. The School Committee retired at 10:35 P.M. 13 School bus traffic count 14 Fuel oil permit Hearing was held on application of the Church of` Our Redeemer for permission to maintain one under ground tank for the store. ga of 6,000 gallons of -#2 fuel oil on premises at 6Meriam Street. No_one appeared in pposition. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant a license to the Church of Our Redeemer to maintain one underground tank for the storage of 6,000 gallons of #2 fuel oil on the premises at 6 Meriam Street. • Captain Stephen H. Broughall's request for re- tirement from the Lexington Fire Department was held Retirement over pending receipt of information from Town Counsel. Upon motion duly made and seconded, it was,un- animously voted to sign contract, prepared by Town Counsel, between the Town of Lexington and C. L. Guild Construction Co., for -Sewer -and Drain Work, Contract #2, in the amount of 4.34.,090.00 The original and all copies were retained by Town Counsel. Chapter 90 Statement of expenditures under Chapter 90 Agree- ment #16145, Winchester Drive, was -approved. by fir. Gayer and signed by the Board of Selectmen. Upon motion of Mr. Maloney, seconded by Mr. Sewer Order Tucker, it was voted to sign the following Order of Taking for the installation of a sewer main in Ross Road. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS, TOWN OF.LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of August, 1956, it, is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955,.namely at an adjourned session thereof duly held on March 28, 1955 in accordance with the provisions of law applicable thereto, it was" unanimously VOTED:: To authorize the Selectmen to install a sanitary sewer main from the sewer pumping station in a ggeneral, southerly direction toward the intersection of Massachusetts. Avenue and -Paul Revere Road in such locations as the. Selectmen may determine and to take by eminent domain, purchase or otherwise aquire any fee ,easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of 44.00,000.00 and to provide said sum bythe issue of bends., or notes of the timely, and that the Treasurer, with approval of the Selectmen, be and he hereby is authorized to 1 15 borrow the sum of $400,000.00 and issue bonds or notes of. the town therefer, to be payable in accordance with the provisions of Chapter 44 of the Gener4l Laws, as amended, wkthin a period not :exceeding twenty years.", and WHEREAS the Selectmen have determined that said sanitary sewer main should be located in the land hereinafter described. NOW THEREFORE, we the undersigned, beluga majority of the Board of Selectmen of said Town of Lexington, duly. elected and qualified and acting as such, do hereby under and by virtue of the provisions d2._ Chapter 50.4 of the Acts of 1897 and Chapter 79 of the General Laws, an0 all"acts in amendment thereof and in.addition thereto, and/ay and every other pier and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace,operate and forever maintain a sanitary sewer or sewers with any manholes, embankments, walls,pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along aid over the land for thef'oresaid purposes,in, through and under the following described parcel of land situated in:said Lex- ington and shown on a plan entitled "Plan of Sewer Easement in Lexington, Mass.", dated august 26, 1956, Whitman. & Howard, Engineers, to be recorded herewith, and bounded and described as follows: line Beginning at a point in the easterly side/of Rose Road, which point is the southwesterly corner of lot 47 on said plan; thence running by a curve to the left with a radius of 446.77 feet along sai3'easterly side of Ross Road distant 154.11.feet to a point; thence running ly a curve to the left with a radius of 25 feet along the side line of the intersection of Ross Road and Revolutionary Road distant -54.28 feet to a point; thence turning and running south 70 44.i 23" East across said Revolt ary Road distnt 40 feet to a point in the easterly dide/or--Revolutionary Road at.lot.39_on said plan; thence turning andrunning bga a curve to t he left with a radius of 150feet along said easterly side line of Revolutionary Read ,r _d and of the inter- section of Revolutionary Road and Ross R8ad distant 1140.70 feet to a point; thence running south 34 281 59" east aing the easterly side line of Ross Road distant 20.52 feet to a point; thence running by a curve to the left with a radius of 26.17 feet distant 32.08 feet to a point in the westerly side lie of Paul Revere Road; thence turning -and running southwesterly along said westerly side line of Paul Revere Road distant 65.99 feet to a point at lot 32- on said plan; thence turning an& running by a curve to the left with a radius of 25 fed 16 ' along the westerly side line -of Rosa Road distant 19.06 feet to a point; thence running north '34° 28' 59" West along the westerly side line of -Ross Road. distant-. 231.70 feet to a point; thence'continuing'by a -euriktto the right with a radius of 506.77 feet Along the westerB side line of Ross Road distant 150.8gfeet to a point; thence turning and running North 720 31:1 0" East dis- tant LSO feet to the point of beginning; all as -shown. on said plan. And we do herebyalso take temporary construction easements, for use in constructing the sewer to be installed in the permanent easement herein above des- cribed, in two strips Of land, the first being a portion of lot 47, and the second being a portion of lot 39p -the easterly boundaries of said strips being parallel to and situated a uniform distance of 25 feet from the proposed line of the sewer to be installed in said permanent eases. ment; all:as shown on the aforesaid plan and marked 'Temporary Work Easement'. The temporary construction easements herein taken i)- elude the right to enter upon the land taken, to deposit earth and material thereon, -and, in general, to make -all use necessary or desirable in connection with the afore- said sewer construction, and the Town shall be obligated to restore the land to reasonably the same condition in which it was prior to the entry of the Town thereon. The 11construction easements shall terminate thirty days after the completion of the sewer construction and, in any event, not later than one year from the date of this order. Said rights and easements in the land included within the above descriptions are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands lying within said described strips for all lawful purposes not int onsistent with the use thereof for all of the purposes hereinabove mentioned. On each occassion that the Town enters upon the•land in which the aforesaid rights -and easements are taken and par3forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made. Any trees upon the land included within the above.' described strips are included within the taking. The land in which the aforesaid rights and easements are taken are believed to belong to the following named pati ties, but if the name of the owner of any of said land or of any interest therein is not correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us: OWNER L@,ND AS SHOWN ON THE PLAN Eltcanor L. Ross Ivan K. & Florence F. Hoyt Cyril V. & Richard'3. • P. Ruth/Seymour L. & Thelma/Fontaine Robert & Louise Sutherland Lot "X" and portion of Ross Road abutting thereon, Lot 31 and portion of Ross Road abutting thereon. Lot 32 and portion of Ross Road abutting thereon. Lot 47 and portions of Ross Road and Revolutionary Road abutting thereon. Lot 39 and portions of Ross Road and Revolutionary Road abutting thereon. 17 Betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advan- tage other than the general advantage of the community from such improvement is shown on the schedule that is hereto annexed and made a part hereof, and it is hereby estimated'that betterments will be assessed on each parcel of land set forth on said schedule, said parcels being shown on the plan referred to above. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington as aforesaid, this' 27th day of August, 1956. Haskell W, Reed Ruth Morey Ralph H. Tucker Majority of the Selectmen of the Town of Lexington 18 COMMONWEALTH OF MASSACHUSETTS '. MIDDLESEX, SS. AUGUST 27, 196 Then personally appeared the above-named Haskell W. Reed, s, , Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly els). cted, qualified and acting Selectmen of the Town of Lexington and acknowledge the foregoing instrument to be that free act and deed, before me. Harold E. Stevens Notary Public My commission expires: September 16, 1961 SCHEDULE OF ESTIMATED BETTERMENTS REFERREWTO IN THE FOREGOING ORDER LOT AS SHOWN ON THE PLAN ESTIMATED' OWNER REFERRED TO IN SAID ORDER ASSESSMENT Cyril V. & Ruth P. Seymour 32 *497.99 Ivan K. & Florence F. Hoyt 31 $539.49 Eleanor L. Ross "X" 076,34 Robert & Louise Sutherland 39 0676.34 Richard J. & Thelma L. Fontaine 47 0547.79 Upon motion of Mr. Maloney, seconded by Mr: Tucker, it was voted to sign the following Order of Taking for the installation of a sanitary sewer main in the so-called "'Golf Course"'land.' COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 27th day of August, 1956, it is 19 ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1955, namely at an adjourned session there. of duly held on March 28th, 1955 in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: To authorize the Selectmen to install a sanitary sewer main from the sewer pumping station in a general southerly direction toward the intersection Of Massachusetts L enue and Paul Revere Road in such location as the Selectmen may determine and to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of 6400,000.00 and to provide said bum 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 $400,000.00 and issue bonds or notes of the town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined. that said sanitary sewer main should be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town. of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, embankments,walls, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under the following described parcels of land situated in said Lexington and shown on a plan entitled "Plan of Sewer Easement Lexington, Mass.", dated August, 1956, Whitman & Howard, Engineers, to be recorded hem - with, and bounded and. described as follows: Parcel 1. A strip of land having a uniform width of 20 feet and beginning at a point in the northeasterly side line 08 Locust,Street, which point is northwesterly and distant 10 feet from the common boundary line of lots 38 and 39; thence running South 49° 10' 4" West across Locust Street and through lot 16 on said plan distant 143.39 feet to a point in a stone wall at the southwesterly boundary of said lot.16;.thence continuing South 49° 10' 4" West distant 188,18 feet to a point; thence turning and running South 20° 22'53" West distant 20 312.60 feet to a point; thence running South 90 45' 26" West distant 265.93 feet to a point; thence running South 11° 38' 26" West distant 53.96 feet to a point: in a stone wall; thence 'cunni _and running North 500 1' 26" East along said stone wall distant 32.22 feet to a point; thence turning and running North 11° 38' 26" East distant 29.04 feet to a point; thence running North 90 45' 26". east distant 264.39 feet to a point; thence -;tuning and running North 20° 221 53" East distant 3054feet to a poi thenceturning and running North 49° 10' 04" East distant 183.66 feet to a point in a stone wall at the southwesterly boundary of lot 17; thence continuing North 49° 10' 04" East through said lot 17 and across Locust Street distant 143.47 feet to a point in the northeastter1 ide line of Locust Street, which point is southeasterly and 10 feet... -- distant from the common boundary Of lots 38 and 394 -thence turning and running northwesterly along said. -...northeasterly side line Locust Street distant 20 feet to $ss point of beginning; of all as shown on said plan and marked "20 Ft. Sewer Easement"'. Parcel 2. A strip of land having a uniform width of 20 feet and beginnindat a point in the easterly side line of parcel 1 described above,said point being the angle point situated in the "Access Road To Golf Course" on said plan; thence runni! south 9° 45' 26" West along the easterly side line of said parcell. distant 11.09 feet to a point; thence turning and running South 69° 44' 33" East distant 197.70 feet to a point in Cedar Street; thence turning and running North 330 351 01" East distant 20.54 feet to - another point in Cedar Street; thence turning and running North 690 44' 33" West distant 204.43 feet to a point in the easterly side line of said parcel l;:thence turning and running South 200 22' 53" West along said easterly side line of parcel 1 distant 9.09 feet to the point of begin- ning; all as shown on said plan and marked "20 Ft. Sewer Easement". And we do hereby also so take temporary construction easements, for use in constructing the sewer to be installed in the. permanent easements hereinabove described, in two strips of land each having uniform width of 15 feet and being situated adjacent to and exten• ;_. •+g the full length of both sides of the permane ='i +"•ed above as parcell and inastrip of land havinniform width of 20 feet and being adjacent to and extending along the full length ofh 'the ncr therly side of the permanent easement desaribed,:aii!oVe 2; all as shown on the aforesaid plan and marked "Temporsry Work Eager -ant". The temporary construction easements herein taken in* elude the right to enter upon the land taken, to deposit earth and material thereon, and in general, to make ali•trsse necessary or desireable in connection with the aforesaid sewer construction, and the Town shall be obligated to re- store the land to reasonably the same condition in which 1t was prior to the entry of the Town thereon. The construction easements shill terminate thirty days after the completion 1 1 21 of the sewer construction and, in any event, not later than one year from the date of this order. 'Said rights and easements in the land included within the above descriptions are taken without interference with or'prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in t he exercise of the rights and easements hereby taken, and there are re- served to the respective owners and their he$irs, successors and assigns all of their respective rights/tid to the use of their lands lying within aid described strips for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of:he Town to remove all surplus material and to leave the premises In -reasonably the same condition as when the entry was made. Any trees upon the land included within the above- described strips are included within the taking. in The land/Which the aforesaid rights and easements are taken are 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 correctly stated, it is to be understood that such land or interest is owned by an owner unknown to us: OWNER LAND_AS-.:SHOWN ON THE PLAN Town of Lexington Lots 16, 17, 38 and 39, and the portions of Locust Street abutting thereon. Vincent N. Bellizia "Golf Course" land No betterments are to be assessed for that part of the sewer main that is to be installed in the permanent easements herein taken. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. -WITNESS our hands at Lexi igton as aforesaid, this 27th day of August, 1956. Haskell W. Reed Ruth Morey Ralph H. Tucker Majority of the selectmen of the Town of Lexington • 22 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. AUGUST 27, 1956 Then personally appeared the above -naffed Haskell W. Reed, Reywe -W.-Jams, W&Illaas-E.-MaIeney, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me. Harold E. Stevens My commission expires: September 16, 1961 Letter from James G. MoFaul in reference to sewer betterment assessment levied agains his pro- perty at 94 Spring Street was held over. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to authorize an abatement of $160 (50%) due to the fact that the profile and location of the Abatement sewer, this lot was not bettered to the extent of the original assessment. A further communication was received from Thomas A. Sweeney relative to speeding on Concord Avenue. The following items on the agenda were held over until the next meeting of the Board. Letter from Cary Memorial Library Building Addit- ion Committee relative to parking facilities for the proposed addition; Letter from Fire Commissioners re transfer of $1500 to Personal Service budget; Letter from Fire Commissioners re appointment of an additional man; Letter from Roland B. Greeley, Chairman of the School Site Options Committee re presentation of articles to Town Meeting. Letter was received from the United States Air Req. for Force Recruiting Service, 103 Moody Street, Waltham, erection requesting approval of the erection of a sign eight of sign feet long and five feet high, preferably at the junc- tion of Massachusetts Avenue 'acid Route_ 2; ;•WalthaTr;: . Street ox• Massachusetts Avenue within the town limits. 23 The Chairman was authorized to advise Sergeant David A,Miller that the Town has been very strict relative to erection of signs and such a sign is not permitted under our governing By-laws. Upon motion made and seconded it was voted to Election appoint the following Election Officers for a one- officers year term expiring September 1, 1957. Charles J. Dailey, 28 Bow Street, John D. Barry, 22 Bow Street, Joseph P. Waddleton, 15 Norton Road, George E. Foster, 10 Plainfield Street, Gaetano Buttaro, 837 Massachusetts Avenue, Ilda J. Field, 20 Chase Avenue, Mary A. Rowland, 148 Lowell Street, Rose I. McLaughlin, 88 Oak Street, Goerge F. Stygles, 65 Oak Street, George D. Smith, 12 Locust Avenue, Helga M. Carlson, 82 Pottier Avenue, Mary E. Clifford, 54 Chase Avenue, Gwendoline Johnson, 42 Baker -Avenue, Annie H. McDonnell, -7 Curve Street, William W. Ferguson, 6 Belfry Terrace, Ralph I. Dale, ;.1640 Massachusetts Avenue, Randall W. Richards, 67 Farmcrest Avenue, Merrill Y. Papen, 9 Hilltop Avenue, Louise'Ahern, 15 Muzzey Street, Margaret-Ballou, 332 Concord Avenue, Edward McGrory, 46 Parker Street* Mary G. Oliver, 610 Waltham Street,Elizabeth F. Downey, I. 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, Eleanor T. Rusted, 36bKendall Road, Emma Zitso, 65 Williams Road, James T. Mcann, 11"_Utica: Street,.:f, Margaret E. Collins, 160 Woburn Street, Rosalie MacDonald, 8 Sheridan Street, Jean E. /Ella D. Baker, 38 Fletcher Avenue, Edna D. Anderson, 21 Leonard Callahan, Road, Milton F. Hodgdon, 36 Hayes Avenue, Agnes T. Buckley, 311 Bed - 22 Grant Street, Muriel S. Williams, 9 Sheridan Street, ford St. Clarence E. Delp, 18 Dexter Road, Ethel M. Koester, 16 Gleason Road, Dorothy A. Parks, 10 Fletcher Avenue, Elizabeth Fardy, 40 Preston Road, Joseph 0. Rooney, 51 Grant Street, Florence M. Bruce, 126 North Street, Lester L. Andrews, 1 Hill Street, Helen M. Smith, 170 Wood Street, Christine A. Stewart, 782 Massachusetts Avenue, Helen M. Kirk, 2142 Massachusetts Avenue, Mary J. Ferry, 50 Downing Road, Carroll J. Ryan, 10 Bedford Street, Michael J. McDonough, 1993 Massachusetts Avenue, Mary A. Spellman, 24 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. Newhal1,34 Eaton Road, Agnes Hall, 7 Lake Street. 'Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to incorporate the following statements into the Selectmen's permanent records, an. original to be sent to Mr. Edwin B. Worthen, Jr. and Mr. Emery P. Worthen and a copy to be published in the Lexington Minute -Man. Tribute to Mr. Worthen 24 Cil VOTED,.that the Board of Selectmen of the Town of Lexington, recognizing the irreparable loss to the Town by the death of Edwin B. Worthen, order that a copy of the following tribute be spread on its records, a copy sent to his family and a copy sent to the Lexington Minute -Man for publication: By the death of Edwin Burrough Worthen on August 16, -. 1956, the Town of Lexington has lost one of its most respected_ and useful citizens, and many of its resi • dents have lost a sincere friend. To no man could the Town be more of a home than it was to him for. 75 years, His long record of public offices held and service on important committees since early manhood, is ample evidence of his interest and affection for, his town and .its townspeople. His avid interest and profound knowledge of the Towns early history and records was exceeded by that of no other citizen and eminently qualified him as Town Historian. Truly, his was a life spent in service for which his sole compensation was the esteem and gratitude of hia neighbors, friends and fellow townspeople. .It is with deep sincerity we say of "Ted" Worthen, as he was affectionately het respectfully known to most and called by many, May his tribe increase". Selectmen of the Town of Lexington Mr. Stevens retired at 11:15 P.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary to be held on Tuesday, September 18, 1956. Sidewalk , Upon motion duly made and seconded, it was voted, Orders to sign the following sidewalk Orders: Lowell Street, westerly side, extending from Summer Street southerly a distance of approximately 1750 feet;' Lowell Street, westerly side, extending from Woburn Street northerly a distance of approximately 915 feet. Letter was received from Warren R. Guild, M. D., Peter Bent Brigham Hospital commending the Police De- partment for supplying an escort when a boy was rushed to the hospital for emergency treatment. The Chairman was authorized to sepia copy of the letter to the Police Department to be read at roll call. The meeting adjourned at 11:25 P.M. A true record, Attest: xecune erk, electme ' 4 4 25 26 Bertwell Road LTJ SELECTMEN'S MEETING September 4., 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Tuesday, September 4., 1956 at 7:30 P.M. Chairman Reed, Messrs; James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Supt. of Public Works, and the Clerk were also present. The Chairman referred to Mr. Gayer's first item Bertwell Road, and explained that at the public hearing it was agreed to put a three-foot shoulder on the side of the street, now in question, and evidently there was no record in the Public Works Department to that effect. He said, however, that at one time he spoke to Mr. Gayer and asked him what he intended to do and he said he was going to put a retaining wall up there. He then told Mr. Gayer to get in touch with him before anything was done but apparently there was soviet misunderstanding. The Chairman read the records of the meeting held on October 24., 1955 to acquaint the Board with the discussion held at that time, and explained that the plans for the road originally called for a three-foot shoulder. Mr. Gayer said that the plans do not Ball for a three-foot shoulder. Mr. Maloney asked if they call for a stonewall and Mr. Gayer replied that they do not call for anything but show the stonewall that was there. Mr. Maloney said that the Board made an agreement with the people to do certain things and he thought the Board was obligated to do them. Mrs. Morey said, according to Mr. Burns, there was to be a three-foot shoulder. The Chairman stated that when the people left the hearing it was their understanding that a three-foot shoulder would be placed on that side because Mr. Burns spoke for the Board. He said it was also his understanding. He also said that every effort was to be made to save a tree on one side if possible. Mr. Gayer reported that there is a tree there now.- If the wall is taken down and he goes back three feet, the tree -will have to be taken down. The Chairman said that he understood that. The group was told that every effort would be made to save it. 27 Mr. James explained that the people on the westerly side of Bertwell Road were afraid that the people on the other side ware going to gain more land than they were. He said that is what the argument was all about. The Board agreed that everyone would be treated equally which meant the street would go -through the center of the tak- ing. The Chairman stated that the people on the other side of the street contend that there is not as much taken from the other side of the street. " Mr. Maloney said that when the Town plows the street - in thatarea in front of three or four houses there is no place to push the snow. On the other'side, they can take the snow. Mrs. Morey asked who built the wall and Mr. Gayer replied that he ordered it built, but it was constructed by Brox. Mr. Gayer said that he would do whatever the Board ordered. He said he walked into this with his eyes open not realizing the background. He presented a drawing and showed a wall one foot back from the edge of.the pavement. He said in most places it is touch - or ledge is'projecting into the wall. If he goes back three feet and takes one and a half to one slope, he will be on Town property, He said if he attempts a flatter slope, he will have to take some private property. He reported that a rough estimate shows about 270 cubic yards of ledge that will have to be - removed to get a three-foot shoulder with no wall: This cannot be blasted, but will have to be taken out by hand because there are houses setting on it. • Mr. Maloney said he did not think there was ledge there, that it is shale and nothing will satisfy the people except the agreement the Board made with them. He said anything else does not enter:' into the picture. Mr. Gayer said that there is no money to do any additional work. The Chairman: inquired as to the amount of money left and Mr. Gayer said that there is about $1,000. The Chairman said that the Board did not talk about`a retaining wall, but did discuss slopes and grass. Mr. Gayer said it means removal of ledge and sloping to get the grass to grow. Mrs. Morey asked how_:long the area is and Mr. Gayer replied that it is• about 250 feet. Mr Maloney asked how much -it cost to put the wall in and Mr. Gayer replied $2,000. Mrs. Morey said that from what Mr. Gayer reported, 28 there is ledge in the 260 feet and asked how frequently along the area he tested for ledge. Mr. Gayer replied that there is considerable amount of ledge in the bank. He indicated on the sketch where he lined up and said that whenever it projected out, he built the wall around the ledge. Mrs. Morey said that all he knew then was that as he built the wall he kept running into ledge. The Chairman said that personally he felt the three- foot shoulder should be put in wherever possible. Mr. Maloney asked if the contractors for these reads agree to loam, grade and seed the side of the road. Mr. Gayer replied that they normally do. The Chairman asked if shoulders were to be put on the other side of the road and Mr.'Gayer showed him the plan. The Chairman asked if it showed a three-foot_shoul-., der and Mr. Gayer replied in the negative. The Chairman asked why it was put in and if it were automatic. Mr. Gayer replied in the affirmative. The Chairman indicated a section on the sketch and asked why it was not put in there and Mr. Gayer replied:: that there was ledge there. The Chairman said that he did not know of any street in Town where it has been paved right up to the wall. Mr. Gayer said his estimate is 270 cubic yards of ledge. Mr. James said that is to get rid of enough ledge so he can maintain a grade. Mr. Gayer said it is a guess, but he is figuring between *10,000 and *12,000. The Chairman said he could not understand why it is costing *12,000 now. Mr. Gayer said that is an estimate to the best of his ability as to what he may run into. The Chairman said when the project was originally discussed there was no expense such as that involved. Mr. Gayer pointed to the sketch and said that at the time the estimate was made the ground was -laying here and all the ledge was covered. The Chairman said that the contractor was going along and taking that out until someone told him to stop and it was nothing/to Brox ���,"►► He was digging /new; the three-foot shoulder until f e`was told to stop and it was 'something he planned to do. Mr. Gayer explained that if the contractor ran in- to ledge, the expense would have exceeded the amount of. 29 the contract. As soon as a contractor runs into ledge, he is given more money. The Chairman said it is nothing he had not planned to do. He did not finish it at the time. Mr. Tucker suggested that soundings be taken and a figura obtained. Mrs. Morey said that apparently this was going to be graded and then there was a wall put in. She asked whose idea that was. Mr. Gayer replied that it was his idea and he would take full responsibility. It was an effort to complete the job not knowing what went on previously. The Chairman said he would like to go along with Mr. Tucker's suggestion but he still felt that the Board was committed to do what it agreed to do. He said he real- ized if the contractor encountered ledge, he would have to be paid more money. He said it is not known what is there. Regardless of the money involved, the Board is committed to carry out its agreement. Mrs. Morey suggested inviting the people to meet with .the Board at which time the situation could be ex- plained to them. The Chairman said that everyone's amount would be increased. Mr. Gayer said that they cannot be charged more than the estimated amount. The Chairman explained that everyone would have to share it and it would not be one individual. Mr. Gayer said he would go in and determine, as near as he can, how much ledge is there. The Chairman said that if the Board then wants to have the people in and discuss the matter with them, all right. . The Chairman referred to Mr. Outhetts subdivision and ke reported that he cannot proceed until such time aa he -receives a. letter from Mr. Gayer. Be said these were 30,000 foot lots and one of the reasons for increasing the size was to relieve to some extent sewer installations. Ba reported that the Board has received requests for sani- tary sewers in areas that have been built for a. number of years and it was his feeling that these people should be taken care of before the new subdivisions. Mr. Gayer was authorized to write a letter to Mr. Outhet advising him that, following the receipt of the plans, the subdivision is approved. There was some thought expressed by a member of the Planning Board that, when the development is completed, 30 Garbage no sewer would be approved for a period of -five years. Mr. James said that he did not think the Board could be as arbitrary as that. Mrs. Morey asked if Mr. Outhet were anxious to put the sewer in and Mr. Gayer replied that he is very anxious to get going. The delay is what is bothering him. Mrs. Morey asked if the Sanitarian had been over to see the land and Mr. Gayer replied that he and Mr. Lurvey are of the opinion that Mr. Outhet would not have any -: trouble with Septic tanks because the area is sandy. A. short discussion on the subject of garbage col- lection was held and the Chairman explained that the same situation existed when Roketenetz had the contract and at that time the Board granted him more money. r Mr. Stevens said that ii*eturn for the extra money, he gave up the right he had to extend the contract for another year. The Chairman said that, in•other words, the Board went out for bids the following year. He asked if it is necessary for the contractor to give up something. Mr. Stevens said that there has to. be some con- sideration for the town paying more money. On April lla, 1952 the option was rescinded and it was agreed that the contract should end unless already terminated as provided in the contract. He was given an Increase of $1.,000 and promised another $1,000 if the work was done satisfactorily. Mr. Collins met with the Board at 8:20 P.M. The Chairman recalled that the Board had. asked Mr. Collins to see if the Board could help him and to arrive at some figure that might be an answer to the problem. He asked/Mr. Collins wanted to speak first and then /if a discussion could be held in an effort to see what can be done to improve the. garbage collection actuation. Mr. Collins said if some system could -be setup to eliminate some of the rubbish, paper, etc. and if it is necessary ,for him to put on another struck, which no doubt it will be, he has a price in mind. The Chairman asked if this were for a third truck. • Mr. Collins said that it would be for a fourth truck as he is now using three. The Chairman said this figure is if he put on a fourth truck and not if he just kept three. Mr. Tucker asked how long he had been siting three trucks. Mr. Collins said it has been -since Mr. Gayer re quested him to, about a month ago. He said he did rMve a third truck that he had been using as a spare. lowa r 1 1 31. Mr. Tucker asked if he had any idea what his average time was between collections and Mr. Collins replied that it varies. Mr. Gayer asked hime to get into certain districts as soon as possible, one of which was Webster Road. The Chairman asked if it were a twice a week pick up and Mr. Collins replied it definitely is. He said during the past week all of this part of the town has had very good service.. The Chairman asked what the figure would be if he put on a fourth truck. Mr. Collins said that if he puts on another truck and tries to eliminate some of the trouble, he will have to get $6,800 for the remainder of this year; starting September first until the end of April. Mr. Maloney asked if he meant the end of the con- tract year and he replied in the'affirmative. He said it is -850 per month increase, including a truck and man. The Chairman asked if he would collect all of the Town twice a week with a fourth truck and Mr. Collins replied in the affirmative. He said the people who con- tinually include rubbish in the garbage will be given a notice. Mr. James asked if he were referring to paper bags and things like that. He said it is a common practice for people to put the garbage in paper bags. Mrs. Morey explained that those are paper liners. Mr. Collins said that some of the people line the container but some of them just wrap the garbage in bags and the liquid leaks out. Most of the people put in too much paper. Mr. James said he could live with that kind of a situation and Mr. Collins agreed. The Chairman said that, as he understood it, the $850 per month is for the rest of the year and asked about next year. Mr. Collins said that if the Board requests him. to fill the contract for next year he will want 1Q,800. Mrs. Morey asked what happened when one of the trucks broke down. Mr. Collins said the spare is working now. He said he has not had many breakdowns. He put three new motors in three of the trucks. Mrs. Morey asked how old the trucks are, and Mr. Collins replied that one is a 1953 and the other two are 1950. Mrs. Morey asked if the fourth truck would be a 1956 and Mr. Collins said it would depend on what type of body he can get. He explained that some towns are 32 doing away with the sanitary bodies. Needham and -Dedham have gone into open trucks with canvasses. Mr. Tucker said that this is close to 50% increase., Mr. James said that the annual increase suggests that in the past Mr. Collins has had an average of only about two trucks working and the third one as a spare. Mr. -Collins Said that was correct. The Chairman asked '.' if Mr. Gayer could tell when he first requested another truck and Mr. Gayer said that it Was not put on for five or six weeks after requested. However, Mr. Collins disputed the statement. - Mr. Gayer said he was having trouble getting person- nel and Mr. Collins said that the man driving that truck has been with him for four years. Mr. Collins explained that he lost money last year' and Mr. Tucker asked why. Mr. Collins explained that hogs were worthless. Mr, Stevens said that under the contract Mr. Collins is obligated now to collect twice a week and put on such equip- ment as the Board asks for. Mr. Collins said that he is not obligated to pick up trash. Mr. Stevens said that he is obligated. If he re- ports it in writing that this type of trash is in the garbage, then he does not have to pick it up after that. He then read an excerpt from the contract. He explained that unless Mr. Collins has protected himself as provided for -in the contract, he is obligated to pick up,the gar- bage. The Chairman asked if he had been requested in the past to collect twice a week and Mr. Collins replied that this is the first time anyone has ever asked him to collect twice a week. The Chairman asked If he did collect twice a week in previous years and Mr. Collins replied that certain sections were collected twice a week, The Chairman said that if the Board should consider this, it might request Mr. Collins to give somethingin return. Mr. Stevens explained because this is not an option and is a three-year contract, an amendment could be made which might take care of it. Mrs. Morey asked -if one..half of the town was getting two collections and Mr. Collins replied more than anehalf, -Mrs. Morey asked if he could collect the whole town twice a week with three trucks or if a fourth would be necessary Mr. Collins replied that he is afraid he will not be able to keep up with the growth of the town. -He said 33 in any type of work it is impossible to get men to work and work as they did years ago. Mrs. Morey asked.if he could work with three trucks if a drive was made to lesson the amount of rubbish. Mr. Collins said it did not work well with two last year. Mrs. Morey said that with three trucks and the rubbish eliminated, he should make out. Mr. Gayer explained that there are about 700 addi- tional homes over last year's number and that is quite an increase to handle. Mr. Tucker asked if the rubbish were not so much the.volume but the price he could get for the garbage, and Mr. Collins said that is why he brought the hog man in last Week. He could not usethe garbage and got him a place in oburn to use it. Mr. Tucker said that there is not enough volume of rebbish to interfere with the collection, and Mr. Collins said that there is. The Chairman said that what Mrs. Morey was trying to find out was could Mr. Collins work with three trucks if the Board get3out notices. Mr, Collins said he understood that and he will go along 100% with whatever the Board suggests. He said the situation for the hog men looks better this year. He said Lexington is not the only town in which this has happened. Mrs. Morey said that she had heard that collectors in other towns do have tags to put on the garbage pails and said it might be helpful here. The Chairman asked.if the Board wanted to go along with three trucks and try to eliminate some of the rub- bish or did it want to put on a fourth truck. Mr. Tucker said he thought the Board should discuss the subject later. Mr. James asked if there were a large number of people putting rubbish in the garbage, if it is general practice, or i' it is a small number who do it all the time. Mr. Collins said that the day he did Woburn Street from Fitzgerald's station to the four corners it was good but through the new development it was rough. On the new development off School Street it is terrible and it certain sections the garbage is useless for feed. Mr. James said it seems to him that it is happening in neighborhoods and the only way the situation can be corrected is by Mr. Collins co-operation in reporting to the Board. He said he thought the notice should.be sent from the Board. 34 The Chairman said that some people have come from towns where the garbage is burned and they may not realize the situation in Lexington. Mr. Stevens reported that Brookline is s very strict in segregating tubbish from garbage. Mr. James said that there should be an educational program first of all, with a notice to each householder. Then if the trouble still exists, Mr. Collins should re- port to the Board and then it would serve notice that if it happens again, the garbage will not be collected. Mr. Maloney asked if there were any houses from which he did not collect at all, and Mr. Collins re- plied that -the DeVries development has electric pigs. Mr. Maloney asked if there were many houses in other places, and lir. Collins replied that the people living on Grove Street never saw a truck until he took over the job. The Chairman said the Board would discuss the sub•• ject again. In the meantime, notices -will be prepared and an effort made to get the program started. He asked Mr. Collins to let the Board know if the violations still persist and the Board will go on from there. Mr. Gayer asked if the tewn would get two collec- tions a week•and Mr. Collins said probably not every three days;every four days. He would rather say four than three. Mr. Maloney asked if he worked six days a week and he replied in the affirmative. Mrs. Morey asked -What time they started in the morning and Mr. Collins replied they are in town at six. It depends on the weather. He said he has a good group of boys/for this particular type of and work one can't obtain the best help. Mr. Collins retired at 8:55 P.M. The Chairman said that Mr. Collins thinks he can go, along with three trucks if the rubbish is eliminated. Mr. Maloney reported that from personal observa- tion, the rubbish takes 2/3 of the buclet. Mr. Tucker asked how far the Board could go on - refusing to pick up the garbage, and Mr. Stevens re- plied that the people are forced to comply with the regulations. He said the town is not under any obli- gation to take away the garbage. It is a function the town-ean perform and can adopt rules and regulations to cover it. It is up to the people to comply. Mr. Tucker said an educational campaign should be started,the sooner the better. Mr. Maloney said he thought that was the best way to approach the problem. Mr. James said the collector should provide the Board with the names of the violators and the letter should be sent from the Board. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to publish in the Lexington Minute -Man, Section (g), Article 4 of the Garbage Contract. Some type of notice.to householders is to be pre- pared for distribution through the mail next week. Mr. Stevens referred to letter from the Board of Fire Commissioners relative to Captain Broughall's re- quest for retirement. He reported that he had discussed the subject with the Clerk of the Board in an effort to obtain more definite information but the Board does not know under what Statute he intends to retire. He then tried to contact Captain Broughall but he was on vaca- tion. 35 Retirement Letter was received from Minot, DeBlois and Maddi- son with reference to lease dated July 27, 1953, be- Lease tween the Trustees of the Western Real Estate Trustees terminated and the Town of Lexington, advising that it is the Lessor's intent to terminate the lease of the portion of Lot C-1 as shown on plan enclosed with letter.' ' Mr. Stevens advised that no action .is necessary and the communication is simply to be filed. * Notide was received from the MDC re hearing to be held on September 13th on applications of the Cities MDC of Peabody and Lynnfield for admission to the Metro- hearing politan-Water District. Mr. Stevens explained that the Commission has to send out notices to the communities in the District but it will not be necessary for the Board to attend the hearing. Letter was received from the Council for the Aging, together with form of proposed or ordinance for Council for the establishment of a local council. Aging Mr. Stevens informed the Board that this is not entirely new and unless the Board felt that it is some- thing the town needs, no action is necessary. Letter was received from Natalie B. Williams ad- vising that she is now the owner of the property at 441 Bedford Street. A sewer betterment assessment in the amount of $174.47, plus $8.68 for annual interest, ,36 Sewer betterment Sidewalk Permit Anchor guy & poles has been billed for payment in full. Ms. Williams said that Mr. Thayer who, previously owned the property was granted a deferment under Chap- ter 159, Acts of 1950. She requested that the customary ten years, repayment plan plus interest be accorded to her. Mr. Stevens said that the Selectmen assess better- ments and can defer them. The Assessors apportion betterments if requested. This is a lien on the land and the time for payment was when the property was ex changed. He said that under the Statute the betterment is due and he did not think the new owner could request an apportionment over a period of years. The Chairman pointed out Winchester Drive on the:. wall map and reported that there is no way for the children attending Harrington School to get up to the crosswalk. He recommended construction of a sidewalk 500 feet from the corner of Winchester Drive to the crosswalk. Mrs. Morey mentioned that it might be necessary to extend the sidewalk up to the next street, and asked about money. Mr. Gayer said that $14,000 is committed and this particular sidewalk may run as high as $4.00 a foot. Mr. James asked what the Board had in mind for the remaining $10,000 in the sidewalk construction budget. The Chairman said he thought some funds should be held for a while to see if anything is going to be done. by the State on Maple and -Lowell Streets. Upon Motio.`of Mr. Janes, seconded by Mrs. Morey, it was voted to construct a sidewalk on the easterly side of Lowell Street extending from Peartree Drive to Winchester Drive, a distance of approximately 1,000 feet. the The Chairman read a letter from/Mystic Valley Gas Company asking consideration of application for permission to install a four -inch high pressure steel gas main in Buckman Drive. Upon motion of Mrs. Morey, seconded by Mr. Tucker it was voted not to grant any further permits until the surface of other streets dug up by the Gas Company have been repaired to the satisfaction of the Super- intendent of Public Works. Application was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to install and maintain one anchor guy and two poles on Alpine Street. Cmu 37... Mr. Gayer said that he wondered if it would .be possible to change the line so they would not have to guy on the lot at the corner which belongs to the town, Mrs. Morey said that.if they are in the way, they can later be moved if necessary. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the petition for installation and maintenance of one anchor guy and two poles on Alpine Street running from Wood Street. The Chairman read a letter from Mrs. George M. Shade Tree Gowen, 73 School Street, relative to replacement of a deceased elm tree. Mr. Gager said that he would have a tree planted for Mrs. Gowen in the Spring. Mr. Maloney said that the town put a sewer in Colony Road but no betterments were ever assessed Sewer against the property owners because it was too lowT connection to serve .them. Then the MDC sewer came through and charges made the sewer accessible and now those people want to connect. Under the law they have to pay a con- nection charge. They have the sewer and were told they could not use it when they built their homes, and have been tad they will have to pay the full `amount of the connection charge which is the full amount.of the betterment. Mr. Stevens interpreted it that way but agreed to check into the subject further. Mr. Maloney said the people do not object to pav- ing, but want the pavement spread over a period of time. Mr. James referred to the number of accidents Accidents that have oceured at Pelham Road and Massachusetts Avenue and inquired about placing reflector buttons along that curve. Mr. Maloney brought up the subject of appointing. additional members to. the Traffic Study Committee and suggested that a member of the Chamber of Commerce be considered. Mr. James said he would like to have a report of progress. Mr. Gayer said that the Committee would like to make recondationa relative to additional members and will Submit names for consideration and approval next week. 38 Transfer Transfer denied Cert. of Inc. Mr. Gayer retired at 10:35 P.M. . Letter from the.:Cary Memorial Library Building Ad- dition Committee was held over. Mr. Maloney reported that he had discussed the subject with Mr. Douglass and he is agreeable to go along with the Committee if it can come up with some idea as to what is to be done. Mr. Maloney told Mr. Douglass that this represents a little giving and a little taking. Mrs. Morey. suggested that the Chairman of the Committee be advised its==totwhat:hastaken place and recommend that he contact Mr. Maloney to arrange for further discussion with him and lir. Douglass. Further consideration was given to letter, held over Mast week, received from the Board of Fire Com- *from missioners requesting a transfer of $1500 to the Personal Services Account. Upon motion of Mr. Maloney, seconded by Mr. James, - it was voted to request the Appropriation Committee to transfer the sum of $1500 from the Reserve Fund to the Fire Department Personal Services Account. Further consideration was given to letter from the Board of Fire Commissioners with reference to ap- pointing an additional man to the Fire Department. The Board agreed to insert an article in the warrant for the Special Town Meeting, tentatively scheduled for October, requesting an appropriation for an additional man. The Chairman read a letter franMaurice Healy, Veterans' Agent, advising that cash grant payrolls and incidental bills to be charged against the Aids and Expenses Aecount will average over $600 far the remainder of the year, and possibly more if any new cases are added. He requested a transfer of $1,000. It was agreed to deny the request and suggest that Mr. Healy reiterate his:request later in the year. Mrs. Morey recommended that the Appropriation Committee be advised of the request so they will know that such a request will be submitted at some .future date. 'Certificate of Incorporation ,on behalf of William Revis, was signed by the Board; satisfactory character reference having bean received from the Chief of Police. r DTI Letter was received from Mrs. Lillian B. Lunt, Chairman of the Painters' Guild, Lexingtofl Arts and Crafts Societ, requesting permission to conduct an Outdoor exhibition on Buckman Tavern lawn on Sunday, October 14th from 1:00 P.M. until 6:00 P.M. with an alternate date of October 21st in the event of in- clement weather. The Society also requested that the event be placed on a yearly basis and the date held open each year. • The request for this year's exhibition was granted, but the request to have the date held open each year was denied inasmuch as a present Board cannot commit a future Board. Letter was received•from John A Sharkey, 13 Hazel Road, offering fr5o for tax title lot #13 Hazel Road. Before taking any action on the offer, the Board would like an opportunity to view the property. In the meantime, a letter is to be sent to Kr. Sharkey asking him to advise the Board of his reason for want- ing to purchase the lot. Further consideration was given to Mr. Gerald Holton's request to extend the expiration time on permit to use tax title lots 534 and 535 Butler Avenue. Mr. Holton also stated that he would like to purchase the lots as a means of aocess to lot 30 and not for the pur- pose of erecting a house. The Board has no objection to extending the per- mit to use the lots from September 1, 1956 to Decem- ber 31, 1956 subject to the terms and provisions set forth in the original agreement signed by Mr. Holton on December 9, 1955. With reference to purchasing the lots, he is to be requested to submit an offer. Application for a Common Vitualler;s license was received from Peter G. Bertolami, d.b.a. Minute Man Resturant, 1715 Massachusetts Avenue. Satisfact- ory character reference was received from the Chief of Police. The Clerk reported that Mr. Lurvey, Health Sani- tarian , had given verbal approval of the establish- ment insofar as the Board of Health is concerned. Upon motion Of Mrs. Morey, seconded by Mr. James, it was voted to grant a Common Vitualler's license to Peter G. Bertiblami, d.b.a. Minute plan Resturant. 39 Permit Tax title Tax title License 40 The subject of the political signs placed in town in violation to the by-law's was discussed and it was agreed to call the matter to Mr. Trwin's attention. The meeting adjourned at 11:20 P.M. A true record,Attest: txxeecutive erk, kelectme /. llama 1 41 SELECTMEN'S. MEETING September 10, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 10, 1956 at 7:30 P.M. Chair- man Reed, Messrs. James, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town'Counsel, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Pole and Telegraph Company for permission to locate two location poles on Castle Road. Mr. Mahon, representing the Boston Edison Com- pany, was present and explained that there is a new home under construction on a lot assessed to Effie S. Lyon. The companies are desirous of bringing service to that house by installing the two poles as indicated on the blueprint. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following pole locations: Castle Road, easterly side southerly from a point approximately 25 feet south of Hayes Avenue, -- Two poles. Mr. and Mrs. Oscar.R. Carlson, 23 Hayes Avenue," arrived after the hearing closed and Mr. Mahon ex- plained the proposed location as indicated on the blueprint. Mr. Carlson said that he did not think. the poles presented any problem. The. Chairman asked if he had any objection and he replied in the negative. Mr. Mahon, Mr. and Mrs. Carlson retired at 7:38 P.M. Mr. Stevens reported, off the record, on Captain Capt. Broug- Broughall's request for retirement effective September hall 10, 1956. He informed the Board that Dr. Charles T. retirement Mooney is the family physician. Mr. Stevens said that he would draft a letter to the Commissioner of Public Health requesting the appointment of a Chairman to a Medical Panel to examine Captain Broughall. 42 Meadows re: Work in Highway Dept, The Board designated Dr. Leonard V. Short to rep- resent the Town. Mr. James said that Captain Broughall'a vacation was up a week ago today and he was due back to work so the problem arises as to how long the Fire Depart- ment should continue to pay him a salary. Mr. Stevens commented that Captain Broughall is sick but his illness is not connected with his work. At 8•:00 P.M. Mr. William Meadows, 60 Woburn Street, met with the Board. He explained that he had requested to see the Board in regard to work if there is any. He stated • that he has worked in the Cemetery Department and then transferred to the School Department. He said that he was promised a position through Mr. Saul at the Junior High School but it never materialized. The Chairman asked if he worked for the School De- partment at all and he replied that -he did work at thei new High School. The Chairman inquired as to what type of work he was.looking for and Mr. Meadows replied that he wanted to work in the Highway Department. The Chairman explained that the Board of Select- men does not hire the men; that function being left - - to.the department heads. He said. that the only posi- tion open is that of a water meter reader and it is necessary that the reader drive a car. Mr. Meadows said that he cannot drive. He said his pension money is available but he does•not want to disturb that. The Chairman explained that there are no other openings and stated that an extra man could not be hired because there are no funds. He said that only when a position becomes vacant can another man be hired. Mr. Meadows said that he has not worked since last October. The Chairman asked if he had .tried the School Department again and he replied in the negative. The Chairman asked if the Cemetery Department personnel was complete and he replied•that he thought it was. Mr. Meadows asked if he could transfer to the Highway Department from the School Department, and the Chairman explained that would not be possible as they are •entirely seperate. Mr. Meadows said that he would take it from here Cang N 1 43 and possibly try the School Department again. Mr. Meadows retired at 8:12 P.M. An informal discussion was held relative to a pro- posed school site on the Chiesa and Bull property, fol- lowing which Mr. Stevens retired at 8:30 P.M. Mr. Edward Watson, 65 Reed Street, met with the Board relative to his offer of $200 each for tax title lots 73-76•inelusive, Block 17, Garfield Street. The Chairman explained that the Board has looked Tax title at the property but has-been too busy with other prob- property lems to take any action. He said the Town is not in the real estate business and therefore, the Board has given other items preference. He indicated the lots on a plan and also presented a sketch of Sunny Knoll ex- tension which will come directly in back of Mr. Watsonts lots but will not include the tax title lots in which he is interested. • Mr. Watson said that he has eight children and his neighbors on both sides have two or three. He would like to clear a couple of the lots and make a play- ground out of them until such time as he is ready to build. The Chairman reported that, according to Mr. Snow Consultant to the Planning Board, these lots will come under the subdivision regulations. • The Chairman asked if he intended to build im- mediately and Mr. Watson replied that he would not until the street goes through. The Chairman asked if it would make any difference to him if he had to build the street and he replied that eventually he would construct it. Mr. Gayer took the sketch to the Planning Board and upon his return, reported that no house could be built on tie lots until such time as Garfield Street was approved by the Planning Board and built to town standards. The Chairman directed attention to the house there now and asked how the builder obtained a permit. • Mr. Gayer reported that this particular house faces on Reed Street. Mr. Watson said that was correct and he would still take the lots as they are and take his -chance on getting the street• built. Mr. Watson retired at 8:45 P.M. Mr. James said that he thought $200 per lot was a fair price. 44 Upon motion of Mr. James, seconded by Mr. Tucker, 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. Mr. Watson is to be advised that if the lots are sold, the deed will be so drawn as to prohibit erect- ing more than one dwelling on the four lots. The Chairman read a letter from Walter J. Ostromeeki, 91 Cary Avenue, requesting permission to pick up kindling wood and logs at the dump. Dump Mr. James said that he did not think an exception could be made and the Board agreed. The Chairman read a letter from Chester Lidberg, 92 Adams Street, requesting extension of the water main for a distance of approximately 300 feet. Mr. Gayer was requested to obtain more detailed information for the Board and report next week. Upon motion of Mr. Tucker, seconded by Mrs. Morey, Sidewalk it was voted to sign an Order for the construction of a bituminous concrete sidewalk along the easterly side of Lowell Street, extending from Peartree Drive a dis- tance of approximately 900 feet southerly to Winchester Drive. Water main Press release was received from the ABC relative - Package to the sale and delivery of alcoholic beverages dur- Goods ing polling hours on State Primaries Day, Tuesday, stores September 18th. Package Goods stores shall not sell or deliver alcoholic beverages during polling hours unless they are authorized to do so by vote of the local licensing authorities. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted not to authorize the sale or delivery of -- alcoholic beverages on State Primaries Day, Tuesday, September 18, 1956 during polling hours which are from 8:00 A.M. until 8:00 P.M. The Chairman read a letter from Chief Ryeroft Chief advising that he is leaving for his annual vacation Rycroft on September 16th. Vacation Upon motion of Mr. James, seconded. by Mr. Tucker, it was voted to appoint Lieutenant James F. Corr as Acting Chief during the period of time Chief Ryeroft is on vacation. 45 -Mr. Gayer reported that Mr. Stanley Higgins has resigned and accepted a position with Metcalf and Engineer Eddy. He has worked for the Town of Lexington twenty- nine years. Mr. Gayer said that Mr. Higgins was a graduate engineer and it will not be possible to replace him with a man of his background for the salary now be- ing paid. He said the matter of personnel in the En- gineering Department is very serious and it is now be- ginning to show in just the essential duties of the department. The personnel, salaries and possible solutions of the department were discussed briefly. Mr. Gayer reported that the heating plant at the Public Works garage is out of order. One day this summer the boiler broke and he had the plant inspected by a heating expert. Lester Andrews also inspected it Heating plant this Spring and the consensus of opinion is that the Public Works plant is not worth repairing. He reported that one Building firm submitted a plan for heating the building. Its thought was to put in five individual heaters with warm air and replace all of the hot water with space heaters using oil. He said the figures he now has run in the neighborhood of $8,000. He said the pipes are corroded and in bad condition but they possibly could be used. The Chairman said this is an item that will have to be provided for at the Special Town Meeting. The Chairman asked if the figure is for space heaters and Mr. Gayer replied in the affirmative. He said some of the work might be done by town men if they are supervised. Mrs. Morey asked if they would have the time and Mr. Gayer replied that if they could get two units up, they could get along for awhile. Mr. Tucker asked what the alternative would be and Mr. Gayer replied that it would be to clean this unit out and see if it can be repaired temporarily. Mr. Tucker asked what a new boiler would cost and the Chairman said that Mr. Maloney is of the opinion that the boiler is no good and the system is not good enough to take care of the building. Mr. Tucker asked what was wrong with the system and the Chairman replied that it does not take care of the building. Mr. James said that Mr. Gayer should obtain a figure for a new boiler and a new space heating system. 46 The Chairman read a report from Corporal John J. Kulik, State Police Concord, to Captain Carl M. Larson, Sidewalks Commanding Officer, relative to a check made regard- ing the construction of a sidewalk on Lowell Street near the Harrington School. The Chairman was instructed to speak to Chief Ryoroft re parking on Worthen Road on Sundays during church services. Upon motion duly made and seconded it was voted Appointment/to appoint Mrs. Gerald B. Litchfield to the Town Cele- brations Committee for a term expiring April 30, 1957. to fill the vacancy caused by the resignation. of Mrs. Clement N. Williams. The meeting adjourned at 9:15 P.M• A true record, Attest: 1Execti ive 7 larkSelect r 1 47 SELECTMEN'S MEETING September 17, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 17, 1956 at 7:30 P.M. Chair- man Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present, Mr, Gayer, Superintendent of Publie Works, Ni'. Stevens, Town Counsel, and the Clerk were also pre- sent. The Chairman read a letter signed by August W. and Annie H. Koch, 15 Oxford Street, requesting abatement Sewer assess - of sewer betterment assessment levied against lots 126 ment abated and 127 Oxford Street, Mr. Gayer explained that the sanitary sewer does not go by these lots and it is too low to service the house as the land drops off very sharply. Mr, Maloney said that in this ease the sewer does not go anywhere near the lots. The Chairman said that the sewer does not go by the lots and asked if that were correct. Mr. Gayer replied in the affirmative and said that if the land were level, it might be used. The Chairman stated that the present Board has nothing to do with a future Board but he did not want to abate the assessment if at some future time the lots could be connected. He said that the betterment .could be deferred without interest. In this was, if the land is ever built upon, the town does not lose the better- ment. He mentioned that if an assessment is abated, it cannot be charged again. He suggested that a notation be made somewhere that there should be no long service to these lots. Mr. Maloney explained that Oxford Street is pn a plateau and then drops off. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to abate the sewer betterment assessment levied against lots 126 and 127 Oxford Street in the amount of $138.54 inasmuch as there is no benefit de- rived from the sanitary sewer. If, however, at any future time the lots are serviced, a connection charge should be made. The Chairman read,a letter from James G. Franey, 16 Oxford Street, requesting abatement of sewer better- ment assessment levied on lots 124 and 125 Oxford Street. 48 Mr. Gager explained that the topography here is the same as the above-mentioned lots owned by Koch. Mrs. Morey asked if an unusual connection might be made and Mr. Gayer replied that he did not believe so. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to abate the sewer betterment assessment levied against lots 124 and 125 Oxford Street in the amount of $169.02 inasmuch as there is no benefit derived from the sanitary sewer. If, however, at any future time the lots are•serviced, a connection charge should be made. The Chairman read a letter from Mrs. Josephine Smith, 20 School Street, requesting abatement of sewer assessment Sewer on lot 56 School Street. The lot in question is on the assessment corner of Grandview Avenue and School Street and Mrs. Smith claims that it already has a sewer betterment. She was told some time ago that no betterment would-be levied against this lot. Mr. Gayer drew a sketch of the lot and agreed to ob- tain more information pertaining to the assessment. In the meantime the Board will view the property. The Chairman read a letter from the Cemetery Com- missioners with reference•to salt and sand washing into Westview Cemetery from Bedford Street. The Chairman advised the Board that Bedford Street is a State Highway. Mr. Gayer reported that he had viewed the area and one solution would be for the State to Install some Drainage, curbing which would prevent the water from flowing into Westview the cemetery. He said that there is evidence of a con - Cemetery siderable amount of water running in -and he thought curbing would take care of•it. Mr. James inquired about the distanee and Mr. Gayer said that it is from the top of the hill at the main entrance down to Westview. -Street. The Chairman asked if Mr. Gayer would contact the State on the subject or if he preferred to have the Board do so. Mr. Gayer replied that he would try and see if"' something•can be done. The Chairman read a letter from Nicholas Colette, Colette 575 Bennington Street, East Boston, advising that he Water charge expects to move into a new house on lot 10 Winter & betterment Street. He received an estimate of $300 from t he Water Department for a connection to his.house and an estimate of $498 betterment charge, a total of $798 which is payable in advance. 1 He asked for the extension of the water main which now ends on Winter Street to eliminate the $300 charge. Mr, Gayer said that this is not a betterment, but is a connection charge. There has never been a better- ment assessed against the lot. Therefore,he will have to pay the amount of what the betterment would be. The Chairman asked if the charge had to be paid in advance and Mr. Gayer replied that Mr. Stevens, Town Counsel, -has so advised. He told Mr. Colette the only alternate to offer him in lieu of paying the connection charge was to get the main extended down Winter Street and the betterment would be charged over a period of years. However, there is no money for further extensions this year. The Chairman said that if Winter Street is not laid out -he would nctbe in favor of putting a water main in. Mr. Maloney said that the Board has expressed opposi- tion to long services and suggested extending the main at least part of the way up to the man's lot. The Chairman said that there were.a couple of exten- sions in Sunnyfield to be done before the streets and asked if funds were available: Mr. Gayer replied in.the affirmative and explained that it will be taken from the street appropriation. The Chairman said that an article could be inserted in the warrant for the Special Town Meeting requesting an appropriation to take care of extensions of water mains& if the money is not now available. Mr. Gayer explained that it is figured at $6.00 a foot for a six-inch line. The Chairman asked if Mr. Colette would pay more for the betterment than he would for the connection, and Mr. Gayer replied that the connection charge is •based on what the betterment would be. °Er. Maloney -said that the man has a permit to build and' he thought the Board should make an effort to get the money. Mr. Tucker asked why the town was obligated and Mr. Maloney replied that he had been given a building permit. The Ohairman explained that Mr. Colette apparently has no objection to paying but does not want to have to pay the entire amount -in advance. Mr. Gayer asked about assessing the people on the other side of the street and the Chairman said their property would be bettered. Mr. James said he thought the Appropriation Committee might look favorably on a 4600 transfer. Mr. Gayer agreed to obtain an estimate of the amount of money needed. 49 50 Mrs. Morey said that there should be an article in the warrant just in case the Appropriation Committee does not act favorably. Mr. Stevens said that Mr. Cpletta would have to pay for the cost of putting in the service. If the Board adopted an order to construct a water line and assess betterments it could be recorded but the main would not have to be put in, Upon motion of Mr. James,, seconded by Mr. Tucker, it was voted to authorize the installation of a water main in Winter Street after the Special Town Meeting to be held in the latter part of October, Further consideration was given to Mr. Chester Lidberg's request for extension of a water main on Adams Street for a distance of approximately 300 feet, Mr. Gayer reported that it would be to the, town's advantage to connect these two dead ends. Water main The Chairman asked if there was any particular extension rush on this extension and suggested that this also be included in the appropriation to be requested at the Special Town Meeting., The Chairman read a letter from the Arlington Board of Selectmen inviting the Board to a meeting for the purpose of discussing the proposed State Highway Program. The Chairman was authorized to advise that the Board is concerned as always in ob-, taining official information and interested to know who is going to be present from the State to disseminate information ort the subject, Furthermore, an effort will - be made to attend such a meeting providing it is not held on Monday. Mrs. Morey reported that Edwin P. WorthenJr. telephoned her yesterday about some pink horse chestnut trees his father had planted in his back yard and said he would like to have them transplanted to Worthen Road. She reported that they are not very large and Mr. Gayer thought they could be transplanted. The house will propably be sold in the Spring and the trees. should be transplanted this Fall, She said she would like the Board to instruct Mr. Gayer to plant them in some suitable place on Worthen Road. 51 She suggested that possibly they should be placed some- where temporar$:ly as they are small and may be removed if planted on the road too soon. Mr. James suggested placing them at the Lexington Nurseries temporarily. Mr. Maloney said that they could be planted but horse chestnut trees will present a problemoin years to come. He said he::.would arrange to have them planted and taken care of until such time as it is safe to plant them on Worthen Road. He also said that the trees should be at least twelve feet tall before planting. Mrs. Morey agreed to convey,the information to Mr. Worthen, Jr. Mrs. Joseph Mangion and one other representative from the Bedford League of Women,Voters, met with the Board. Mrs. Mangion explained that they were interested in the problem of industry coming to town and would like to have the Board's views on the subject. She asked if the Board, as a group, encouraged industry. Bedford The Chairman explained that in the past some of League of the Boards of Selectmen have recommended changing some Women Voters areas to light manufacturing, particularly on Route 128. However, the Town Meeting members and townspeople have voted against it., He informed them that there is an area zoned for light manufacturing on Route 128 but the area 3s swampy and has no access. He explained that it takes time to change the zoning and by the time the required hearings ware held and a Town Meeting called those concerns interested have not wanted to wait and therefore gone elsewhere. Mrs. Mangion asked how much industry'would be needed before it made an impression on the tax rate. Mr. James said that he did not think anyone had ever shown that industry is an advantage and it can- not be made a categoric statement that it is an advantage. Mrs. Mangion asked if the Board thought, in the long. run, it would make any difference whether industry comes into a town or not. The Chairman replied that the Board has not had any experience, but the towns that have should be able to give an answer. Mrs. Mangion and the other representative retired at 8:35 P.M. 52 An appointment was made for Mr. H. J. Cassidy, Concord Highway, Lincoln, to meet with the Board at Ambulance 8:30 P.M. at his request. He wanted an opportunity bill to discuss an ambulance bill in the amount of $10 for the use of the ambulance on January 3, 1956 -at which time his car was in an accident involving a Town sanding truck. Mr. Cassidy failed to keephis appointment. The Chairman read a letter from Frank S. Head, 110 Webster Street, -Arlington, offering $3500 for the,hotse and land owned by the Town and located at Tax title 10 Westminister Avenue. property The Chairman was authorized to advise Mr. Head that the Board of Selectmen does not intend to take any action relative to the disposition of the proper- ty at the present time. Mr. Gayer retired at 8:50 P.M. Lieutenant Goorge E. Smith, Lexington Police De- partment, met with the Board at his request. • He stated that he was attending the meeting this evening in the interest of the town, the men and him - Police self. He said that there were only two items he wouk3 Department like to bring up this evening. One is the shift that the men have been griping about for some time. -He read a letter, dated February 2, 1956,•wh ich was given to the Chief and which he said had not been acknowledged. He stated that fourteen men had signed the letter. They feel it is injurious to their -health to change every month. He said in changing over, the men have three weeks before their system straighteie: out and then they are back on the change again. .He said he thought the men should be complimented for the way they carry on their job, and that they are working under adverse conditions. He said he would leave it up to the'Board to decide whether they should have this change or not. The Chairman asked if the other shift Lieutenant Smith was talking about was the one where one night the men are on early and the next late. This way, they are on for a month at a time, and Lieutenant Smith re- plied in the affirmative. The Chairman said that when the men are on every night and have Court duty d and have to be in Court from early morning until two, some of the men just off the night shift come on the early shift. He askedif this 53 could happen. He said the men come on duty on the early shift having had only two hours sleep-:froi the previous night. Lieutenant Smith said that is possible. Lieutenant Smith said that the other item is seniority. ,He referred to the Board's letter of July 31, 1956 and said that from the tone of the letter he assumed the Board knew there was something wrong in the Police Department. He said there was and he thought it should be straightened out. He recalled that rules were cited in the letter and said he would like to read Rile 7, Section 2 which affected him. "Except when otherwise -ordered by the Board of Selectmen, the Senior Lieutenant of the De- partment shall assume the duties of the authority of the Chief when that officer is absent on leave or ab- sent because of illness or on vacation, or when there is a vacancy in command." He said that has never been delegated to him and he has been a night officer for over fifteen years. Lieutenant Smith said that several times during the course of a year calls are received from other de- partments requesting information which his department may have, He said it is embarrassing to be an executive of- ficer of the department and not be able -to furnish the information. He said that there are other things that come up under the night department which he thought should be looked into. There are four or five men in the de- partment who are executive officers who have keys to the radio room, lights and records. There are times when the lights have suddenly gone out, and there is a delay between the time they go out and the time the keys are brought to the station. He said if the radio goes out, the keys have to be brought back to the station. He said these delays are important in the efficiency of running the department. Lieutenant Smith said there is a list of details and each man is Supposed to take his detail in turn. He has an opportunity to take it or refuse. That is locked up. No one knows, except in the day time, and there have been discrepancies. Mr. Tucker asked what he meant by details and Lieutenant Smith said it was an extra such'as a wedding or at Cary Hall. The Chairman explained that it is extra pay to the men on their time off for working, as an example, on a construction job, It is overtime on their Own hours. 54 Lieutenant Smith said that there is only one man in the station nights. He said that a week ago there was a serious accident and he had to call the doctor,_ the wrecker and police officers. In the°meantime, the radio was going and the telephone was ringing. He said that no matter how good a man is he can't cope with these emergencies alone. Lieutenant Smith said that there was nothing more he wanted to bring up now although there are things .he could discuss. He said that he gets along with every- one in the department and would, like to see it run as a department. He said that there is too much favoritism in the department. Mr. Maloney asked if he had discussed this with the Chief and Lieutenant Smith said he had during the last two or three years. He said that Officer Lennon wanted the last half shift and he wanted the first. The Chief just would not discuss it. He said he asked the Chief several times to change back to -the steady shift. He said he thought the senior officers should be shown some appreciation. Mr. Maloney asked if the men wanted the details and he felt they were being skipped and resented it. Lieutenant Smith said they have been requested not to work outside. A certain few get the details. ' Mr. Maloney asked if there were a detail list and Lieutenant Smith replied that it is locked up. Mr. Maloney asked who assigned the details and Lieutenant Smith replied that he did not know. The Chairman asked if he had any idea and Lieutenant Smith replied it could bathe Chief or Officer Day. Mrs. Morey asked if there were any keys, in the station and Lieutenant Smith replied in the negative. Mr. Maloney asked if the Chief were aware of this and Lieutenant Smith replied t1 .t he should be as he has had to call him at his house. The Chairman asked if the officer in charge at night had keys and'Lieutenant Smith replied in the negative. The Chairman asked if there were any reason and Lieutenant Smith replied that he had never inquired. The Chairman asked if he had discussed these items with the Chief and Lieutenant Smith replied in the negative. The Chairman referred to the Board's letter and said it had been suggested that the men'talk to the Chief first and Lieutenant Smith/apparently not done this. had Lieutenant Smith said he had talked enough during the last couple of years. He said he told the Chief he'was going to request an audience with the Board. The Chairman said that the Board feels the Chief should be present when an officer or a patrolman comes in to see the Board. However, the Chief is now on vacation. He said the Board would•discuss the items mentioned by Lieutenant Smith further. Lieutenant Smith retired at 9:10 P.M. Mr. Stevens,,Town Counsel, Mrs. Marek, Chairman of the School Committee, Mr. Martin, Mr. Smith, Mr. Siegfried, Chairman of the Franklin School Addition Committee, Mrs. Litchfield, and Mr. Biggs met with the Board. ]99�. Siegfried said tha+%h.e would like to point Out to the Board of Selectmen that his Committee has carried out its..duties to the best of its ability on the plans and the vote as given by the last Town Meet- ing. After doing that, they went out for bids and re- ceived eleven general bids. The low bidder came in at $509i000 for the general contract. The appropriation was ft330,000 and the low bid is $79,000 above the ap- -:propriation. He reported that there had been a meeting With the architect to explore, as far as possible, means • of reducing this figure. As of last Friday night the Committee voted to request the Selectmen to call a Special Town Meeting for the purpose•of asking the Town to appropriate an additional $79,000. The Chairman asked if every means to come within the appropriation had been exhausted., Mr. Siegfried said that there are means of coming down, but•thesad.nvolve, in the Committee's opinion, a lowering of the educational program as handed down to the' Committee. He said it is not within theilrfights to lower the program. The Chairman asked what he meant and Mr. Siegfried said it meant reducing the number of classrooms. He said they feel they can build a school within the ap- propriation based on today's market but they cannot be sure it will be the same market *when they go out for rebids. He explained that by reducing by two the number of classrooms, leaving out the library, the Janitor's cubteal, principal's office, the covered walk way con- necting the addition to the existing building and ether miacellaataous items the value of which he did not know but between the $10,000 and $20,000 they could bring the figure down to the appropriation. However, the Committee 55 Franklin School 56 felt that this would mean the Town would then get a school below what the Town Meeting contracted for. .The Chairman inquired as to the number of class- rooms and Mr. Siegfried said that there are ten. The Chairman asked about the bid on the Herring- ton School and Mr. Smith said it was somewhere in the vicinity of $590,000. The Chairman said the figure is almost the same, for the sixteen room school as it is for adding ten classrooms. Mr. Siegfried said that the Cittee feels it is now bidding on a market without parallel. Mr. Maloney inquired about the sewer problem and asked if that had been overcome. Mr. Siegfried replied that the figure quoted in- cludes a sewage disposal field large enough to take the entire building. Mrs. Morey asked if they intended to request just $79,000 and Mr. Siegfried replied in the affirmative. Mrs. Morey asked if the architect would expect an additional fee, and Mr. Siegfried replied that the. subject has not been ,discussed with the architect. The Committee felt it would be better if it did not ask for the additional 70 on the $79,000 and took it out of.cgn- tin encies. By dropping the contingencies from $20,000 to $15,000 they would take the remainder from furniture. The Chairman said that now is the time to put in the entire figure. Mrs. Morey said that to request $79,000 and not allow for the architect's fee is not exactly present- ing the figures., Mr. Siegfried said the Committee thought $79,000 was a lot less to be asking for than $85,000. Mrs. Morey asked if they didn't still figure a percentage of the building for furnishing and Mr. &lath said that on $31,000 they can furnish the building quite well. The Cafeteria is not as large as the others and there is no teachers' room to be furnished. Mr. Maloney said he was sure no one would question them when they have made every effort to do the job as reasonable as possible, Mr. Siegfried said if it were brought up at Town Meeting that the, Committee was paying a percentage on. the overrun, it might detract from the proposition. Mr. Siegfried said that the bids were opened Sep- tember llth and are valid for thirty days. They expire' on October 10th and therefore, this matter will have to be acted on before October 10th. The Chairman said that the Board is prepared to call a Special Town Meeting for October 1st. Mr. Maloney asked if the contractor would extend the time and Mr. Stevens explained that he is not per- mitted to. The Statute provides thirty days. Mr. Stevens said that the matter of financing should be arrived at as soon as possible. The money can 'come from available fronds or by borrowing. If it is to be a borrowing, approval will have to be ob- tained from the Emergency•Finance Board. He said he took the liberty of reserving the date of October 4th. The Chairman said he would be in favor of bonding. There are to be some large appropriations in the Special Town Meeting later on October and he suggested borrowing all at one time. The Chairman asked if the Committee were going to discuss the subject with the Appropriation Committee and Mr. Siegfried replied that he was going to ask for a joint meeting with the Appropriation Committee, Capital Expenditures Committee, School Committee and the Board of Selectmen. Mr. James explained that this does not come within the jurisdiction of the Cog ital Expenditures Committee but it would be well to get as much support as possible. He said that Committee must meet with the Appropriation Committee because the latter has to make a report to the Town Meeting and either approve or disapprove. The group retired at 9:L0 P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to call a Special Town Meeting for Monday, October 1, 1956 at 8:00 P.M. Upon motion of Mr. Maloney seconded by Mr. Tucker, it was voted to sign the Warrant for a Special Town Meeting, October 1, 1956. Mr. Stevens retired at 9 :50 P.M. 57 Town Meeting The Chairman read a letter from 0. Ben Hander, Chair- man of the Lexington Red Feather Campaign, requesting permission to use a room in the Barnes property from Barnes September 21st for a period of six to sight weeks for property campaign headquarters. The Board had no objection. Mr. James reported that the Town Republican Com- Req. for mittee had officially requested permission to display banner denied a banner across Massachusetts Avenue at Lexington Savings Bank Buildimg, Committee headquarters. 58 Upon motion duly made and seconded it was unani- mously voted not to grant the request inasmuch as it would be establishing an undesirable precedent, Further consideration was given to Mr. Edward Tax title Watson's offer of X200 each for tax title lots 73-76; property inclusive, Block D, Garfield Street. A proposal, to sell these lots was advertised in the September 13, 1956 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, &t was voted to sell and convey lots 73-76 inclusive, Block D, Garfield Street to Edward Watson for $200 each, with a restriction in the deed whereby he can erect only one house on the four lots. Mrs. Morey reported that she spoke to Mr. Gayer relative to the possibility of another exit to the . parking area ih the rear of the Town Office Buildings for the League of Women Voters' convention which is to be held in Cary Hall. The only way out is,across one corner of the Boys' Club basket ball court. Mr. Maloney said the traffic would not do the _court any harm and the contractor should be requested to move some of the materials out of the way so the exit is available, He said that he would also advise the Director of the Boys' Club. Mr. Maloney asked if it would be advisable at this• time to install a gasoline tank at the hew Town Offios Building and thereby make it possible for the Police Department to take care of their gasoline needs without going to the Public Works Building. He reported that he has not discussed this with the Chief but it might be well to have the tank installed before the construc- tion is completed. The Board was in favor of Mr. Maloney's suggestion and it was agreed to hold the required hearing. Mr. Stevens returned tot he meeting at 10:L4o P.M. The Chairman reported that Mr. Carroll, Town Treasurer, questioned the vote of the Board in regard to Mrs. Fisk's pension inasmuch as it did not mention the fact that the pension would cease if she remarried. Mr. Stevens explained that it is not necessary for the Board to include that in its vote as it is a statutory requirement. 59 The Chairman read a letter from Sheldon B. Herks- kovitz, ]J..7 Chilton Street, Cambridge, offering $2,325 for tax title lots 35 and 36 Hillcrest Street. The offer was made under the condition that it will be possible for Mr. Herkskovitz to obtain a clem title through Land Court action, i.e. previous owner's or his heirs' right of redemption foreclosed and the land being free and clear of other legal hindrances or liens. If a clear title is not possible, he reserved the right to withdraw the offer at any -time before completion of the sale. Mr. Stevens said that Mr. Herkskovitz could not Tax title check at the Land Court until he received title to the property lots. He advised the Board to inform Mr. Herkskovitz that it is not possible for the Board to handle the matter as suggested by him as tax title property is not disposed of on that basis. He could have the title looked up and then let the Board know whether or not he is still interested in acquiring it. Mr. Stevens referred to Captain Broughall's re- quest for retirement and reported that he has thirty years of Service. Under Section 85E of Chapter 32, General Laws, he can retire for no reason providing he is sixty years of age or over. At sixty-five he would have to retire. If he had only twenty years of service he could retire only if disabled. He ex- plained that Captain Broughall is entitled to 50% of the highest annual compensation received in the grade from which he is retiring plus 1% additional over that for each year over twenty, but not to exceed in any event 65%< He has thirty-two years, but can't count one-half year as a complete year. He said, in his opinion, all he is entitled to is 620. - It appeared that Captain Broughall became a per- manent member of the Fire Department on March 2., 1924 and rendered faithful service continually from that date on. • Upon motion of Mr. Tucker, seconded by Mr. James, it was voted tp retire Captain Stephen H4 Broughall from the Fire Department under provisions of Section. 85E, Chapter 32 of the General Laws, as amended, at 620 of the highest annual compensation that he has re- ceived in the grade of Captain in the Fire Department; such retirement to be effective as of September 14, 1956. At 11:00 P.M. the following members of the Planning Board met with the Selectmen: Chairman Hathaweey, Messrs. Retirement 60 Adams, Jaquith, Abbott, Mr. Snow, Consultant, and Mr. Howlett. The Chairman said, in reference to proposed road from Edison Way, through Depot Square, to Meriam Street, it was not his understanding that a taking had to be made within thirty days. He said he did not know if the Planning Board wanted to make a forty foot taking which will involve damage to the Scott property. He reported that Mr. Stevens has suggested laying out a road which would not be as expensive as it would be on a forty foot taking. His proposal is to lay a road otit as wide as the nearest spot between the buildings and this line here (pointing to plan) which would be a fourteen or sixteen foot Road. Mr. Stevens explained that if the road is laid out as shown on the plan, a taking would have to be made and the damages would be substantial. However, if all the Board had intended to do was to build as a town way, at this time, the part between the property and the Scott building, it would save damages. Mr. Hathaway inquired about the Planning Board's obligations to John MacNeil with whom,the Board is in- volved. Mr. Stevens said he talked with Mr. Tropeano who said he would look at the plan and talk to MacNeil. The Chairman said that the town's obligation is merely to establish the street line. Mr. Hathaway said it would be street line and re- zoning. The Chairman said Mr. MacNeil knew the construction of the street was a gamble and there was no discussion in regard to the width of the atreet. He said, as he understands it, there Is no obligation other thanto set the line and rezone. Mr. Adams recalled a street line established through the O'Connell block for which the Town paid heavy damages. He said that was a street line and not a taking. Mr. Stevens said there would have to be a street. A line cannot be established through private property. He said the Board did not want a building line on the Scott property. There may be some damage as it is.. The Planning Board appeared to be in favor of a• sixteen foot taking. The Planning Board retired at 11:15 P.M. Mr, Maloney reported that he received a complaint from Mr. Samoorian on Waltham Street who wants an Police appointment with the Board to discuss the Police De- partment. He said he would check it in the next few days and let the Board know what he finds out. 1 61 Mr. Maloney said that the Police Department has had radar equipment in town checking speeders. It works and did very well. He said the department is limited in personnel and it might be a good investment for the Town to purchase one of these units which cost approximately $1,000. The meeting adjourned at 11:25 P.M. .A.true record, Attest: --"fxecutivve c erk, S ectien , 62 Franklin School Sewer 6z A regul held in the on Monday ev Chairman Re Mrs. Morey Mr. Gayer, Executive C SELECTMEN'S MEE`T'ING September 24., 1956 r meeting of the elecimen' Room,; ning0 Sep ember, , Messrs. James, ere prese t. Mr uperinten+ent of erk were :lso pre Messr Robbins, Biggs, Litchfield of the Fra lin S ing Commit ee, met.wi h the The C.airma# exp.ained discussed he subject •f sew Franklin chool nd is of th not feel t to b prac ical to connec the s hool o the cost invo ved to have pump provide f=ciliti s for only He said t e fig _e is .etwee the pumpi g stat on wo ld o explained that t ere w uld to save $ ,000 nd th Boa filter be• put i' Mr. "+egfri d sai that Committee s dea ing w th tw be the low man i°, the ewer if the sew ge be is p t in the bid de; ends pon t dee sewer. Mrs. orey sked f Mr. was satisf ed. Mr. S egfri d rep ied 1 that he co ld se no sadva the three ow bi ders He r to Mr. Gre=ley a out .he inc fee and Mr. Gree ey ga,e him firm would not i`creas, its f is entitled to t e additional tract is writtentbut is prepa The Chairmain gave Mr. .Si the Board's position on the s The group retired. Board of elect en was Town Offi4e Bu ding, M1956 4 7:3o P.M. aloney, ucke` and Stevens, Town ounsel, ublic Wo s, a d the ent. iegfried ool Addi oard. i at the B r facilit opinion r economi town sewe ng statiq few houe $70,000 y handle an exp is in f was fin bidder s built He sai sion in Greele nd on s. uild- :d again the does easible se the would he area. 5,000 and hool. He of $70,000 having the olard es f. at ally beca whi s in nd the sf ditur• vor o He one and tha rega the the a ifir age 1 acc orted that ase in the lette st e. Mr. Sie money ed to gfried bject. :. aid the who would e other who gets d to the architect, ive and said ting any of he had talked architect's ting that his' fried said he he way the con- ite an amendment. letter explaining isoah t"" CrJ 1 SELECTMEN'S MEETING September 24, 1956 Bids for Street Wohk, Contract No.3 (1956) were publicly opened in the Selectmen's Room, Town Office Building on Monday, September 24, 1956 at 5:00 P. M. Chairman Reed, Mrs. Morey, Mr. Gayer, Mr. Howard and the Executive Clerk were presents . The bids received were read by Mr. Reward, represen- ting Whitman & Howard, Inc., as follows: Bidder Cert. Check Bid Donoghue & Bartels, Inc. $2500 $292,225.00 George Brox, Inc. 2500 142,788.00 0. Menici & Sons, Inc. 2500 180,350.50 J. A. Susi & Sons, Inc. 2500 249,230.00 The Chairman stated that the checks submitted by the two low bidders, Brox and Menici, would be re- tained but if any other bidder could indentify himself the checks would be returned immediately. Donoghue & Bartels, Inc. check was returned upon indentification by Mr. Howard. The meeting adjourned at 5:15 P.M. A true record, Attest: • �Executiv M Clerk 61A 62A SELECTMEN'S MEETING September 4, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 24, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were presInt. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Messrs. Robbins, Biggs, Siegfried and Mrs. Litchfield of the Franklin School Addition Build- ing Committee, met with the Board. The Chairman explained that the Board had again discussed the subject of sewer facilities for the Franklin School and is of the opinion that it does not feel it to be practical or enonomically feasible to connect the school to the town sewer because the cost involved to have a pumping station which would provide facilities for only a few houses in the area. He said the figure is between $70,000 and $75,000 and the pumping station would only handle the school. He explained that there would be an expenditure of $70,000 to save $13,000 and the Board is in favor of having the filter bed put in. Mr. Siegfried said that was fine. He said the Committee is dealing with two bidders; one who would be the low man if the sewer is built and the other if the sewage bed is put in. He said that who gets the bid depends upon the decision in regard to the sewer. Mrs. Morey asked if Mr. Greeley, the architect, was satisfied. Mr. Siegfried replied in the affirmative and said that he could see no disadvantage in accepting any of the three low bidders. He reported that he had talked to Mr. Greeley about the increase in the architect's fee and Mr. Greeley gave him a letter stating that his firm would not increase its fee. Mr. Siegfried said he is entitled to the additional money he way the con- tract is written but is prepared to write an amendment. Chairman gave Mr. Siegfried,a letter explaining the Board's position on the subject. The group retired. 63 Mr. Salvatore Lunette, Conservator -for Vincent Bellizia, Mr. Darien S. Terrile, attorney, and Mr. Paul McEnroe-met with the Board in regard to the tak- ing of a sewer easement across lands of Mr. Bellizia, Pine Meadows Golf Club. Mr. Lunette said that he thought everyone was present at the last session. He said as Conservator for Mr. Bellizia who has been ailing, he takes this very seriously. He stated that at the first session there was a plan and everyone was in agreement. He said -in looking back, the plan as agreed upon by the town, the contractor went in and cut down trees with- out/notification. He said the Lloyds made a com- /any plaint. He was not told at all. He said in order to help, he agreed to have the town go down the fourth fairway which would not have damaged the prOperty'as much and at the same time gave a break to the Lloyds. He said a few weeks ago he received a letter to the effect that this new easement is to go through the third and fourth fairway and something else not men- tioned. That is, coming down the roadway which would wipe out the trees that are a barrier between the third and fourth hole. He said he could not understand the sudden change. He stated that he was willing to have the town go through the fourth fairway and asked what this is all about. The Chairman explained that after the original plan was agreed upon, the Town Engineer and the Con- sulting Engineer felt it was much more feasible to go through the fairways. He said he did not think all the trees would be cut down. Mr. Lunetta-said that without any warning at all trees were cut down and pipe put in. Mr. Tucker inquired as to when this was done and Mr. Lunette replied that it was late last Spring. The Chairman said that there is no question but that the course of the easement was changed upon.: the rec- ommendation of the Consulting Engineer and the Town Engineer. Mr. Lunette said that the third and fourth holes are on a hill and the soil is in very bad condition. It is a struggle every year to keep it playable. The Chairman said that he did not think anyone knows that the trees are going to be taken down and suggested a meeting with the Town Engineer and the Contractor for the purpose of discussing the subject in detail. He said he thought such a meeting would 64 work out to Mr. Lunette's satisfaction. He explained that the contractor will only do sections at a time, fill it in and put it back the way it was, loam it off and seed it. He said that the Board feels there will be no damage and the ground will be playable by next Spring. He explained that the Board knows the contra°- for well enough to ask him to do a little at a time so there will not be too much disadvantage to the owner. He said he would like to have a meeting_ arranged with the contractor and engineers, so it can be discussed before the work is started. He explained that Mr. Lunetta had a right to claim damages. Mr. Lunette asked if the original plan was pro- hibitive and the Chairman replied that, not being 'an engineer, he would prefer to have the Town Engineer' explain it. Mr. Gayer asked if Mr. Lunetta would like to go into the matter this evening or wait until a meeting can be held with the contractor and the Consulting Engineer. Mr. Lunetta said that he was willing to do what- ever he can to help but he is confused. Mr. Terrile said he thought the matter should be discussed with the contractor. Mr. Lunette said he wanted to be co-operative and would like to have the meeting some night or on a Sat- urday morning. Mfr. Terrile said he did not think the Town wants the place ruined any more than they do and asked if cutting down the trees could be avoided. The Chairman explained that the Selectmen are always very reluctant to remove trees. Mr. Terrile said that Mr, McEnroe is the gentle- man who made the course what it is today. He feels that in digging the trench and reseeding it in the Fall, because of the drainage problem, there will be a very wet pathway through where the easement is go- ing and it will be trampled on by the golfers._ He said he did not want any damages but did want -a good golf course. He asked if the Board would agree to give any help necessary to remedy such a situation if it name about and the Chairman replied that he could see no reason why it couldn't be taken are of. Mr. Terrile said that the matter could be left that a meeting will be arranged for Saturday morning, at ten o'clock. The Chairman asked if it would be practical to take the sod off and Mr. McEnroe replied that is the rtTi 1 only way it can be done. The group retired at 8:10 P.M. The Chairman read a letter from Paul M. Mitchell, Seoretary of the Laconia Street Residents' Association, inquiring about the status of Laconia Street and rights of restricting traffic. an Mr. Stevens explained that it i V unaccepted Laconia St. street, the public hset rights in it but not the Town. He said an unaccepted street is a private way and if the•builder is using it to a greater extent than he has'a right to „the people can make him stop. It is a matter between them and Mr. Frissore, the builder. Mr. Stevens said he would check the Statute in regard to speeding on a private way. Copy of letter from Mr. Stevens to the Town Treasurer was received advising that the Town has Settlement received $1500 in settlement by the Commonwealth of Massachusetts for lots taken for Route 128. Mr. Stevens retired. Upon motion of Mrs, Morey, seconded by Mr. Town Meeting Tucker, it was voted to call a Special Town Meeting to be held on Monday, November 19, 1956 at 8:00 P.M. The Chairman read a letter from Kendall Wright, 71 Adams Street, requesting abatement of sewer better- ment assessment in the amount of $831.59, stating that it would be impossible for him to use the sewer relative to the location of his drainage system and Sewer better - ledge. ment deferred Mr. Gayer explained that there is ledge there. They. can get into the sewer as far as elevations are concerned. The plumbing goes out the back of the house into a septic tank. He reported that from what information he can gather of the area, their septic tank won't work too long because of the ledge and then they will have to be sewered. The Chairman asked how an abatement could be justi- fied if the property can be sewered. Mr. Maloney said that there will be an unreason- able expense to connect. The Chairman' explained that once a betterment is abated and a connection subsequently made, no charge can be levied. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of 66 sewer betterment assessment on -Lot B, Adams Street, in the amount of $831.59, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from,the date hereof, whichever event occurs first; provided, how- ever, that this extension of time shall terminate im- mediately if the facilities of the sewer main are used for said land or any part thereof, The Chairman read a letter from Anthony A. Mazza, Request for advising that he intends to build a house on Lot #15 water Green Lane this Fall, and requested the extension of the water main to service his lot. Mr. Gayer reported that he found a petition dated. October 15, 1953. There apparently is some question. about the location of Green Lane and he hat not had an opportunity to check into it. Letter was received from the County Commissioners advising that a meeting will be held on Wednesday, October3 1956 at 10:00 A.M. for the purpose of dis- cussing chatters pertaining to public roads for 1957. Chapter 90 Mr.' Gayer said his first reaction would be the continuation of Concord Avenue. The Chairman said that if the new Junior High School is going to be located in the East Street area, possibly the funds should be diverted there in preference to Concord Avenue. Mr. Maloney° said it is important to have the work done on East Street if it is definite that the school is to be located in that area. Mr. James inquired as to whefre on East Str qt :- it is comtemplated and Mrs. Morey replied that/i�n- volves the Chiesa and Bull land. It is now a ques- tion of price. 1 The Chairman read a letter from Commissioner Volpe to Commissioner Whitney, Department of Public Sidewalks Safety, dated September 1, 1956, relative to the subject of sidewalks. Mrs. Morey said that it seems the only persons to do anything are the Legislators aid she suggested thet the Board contact Mr. Ferguson. Mr. Maloney left the meeting to call Representative Brox and reported that he will find out tomorrow just how far along the supplementary budget is and do everything he can, Further consideration was given to Mrs. Josephine Smiths request for abatement of a sewer betterment assessment levied against lot 56, School Street. The Chairman presented a sketch of the property and explained that the house is located on the lot. A private contractor installed a sewer in Grandview Avenue, but Mrs. Smith's service is from School Street, a town sanitary sewer. The Board felt that under the circumstances no abatement is justified and her request was denied. The Chairman read a letter from Superintendent Smith in regard to speed signs in the area of the Harrington School and the use of the High School for elections. The Chairman reported that he and Mr. Gayer both checked into the matter of sPeed signs. The State and Registry of Motor Vehicles advise that the signs will remain as they are because they are up for the motor- ing public on a twenty -four hour basis whereas the school children are there for a limited number of hours and it is not intended to penalize the public. However, motorists are compelled to slow down when the children are going to and from the school and a Police Woman is on duty, and when signs are in evi- dence indicating that there is a school in t he area. In regard to elections being conducted in the gymnasium, which apparently presents a problem due to the fact that there are approximately 250 students who have been assigned physical education and who must be provided for, Mr. James said he thought the Board left it up to Mr. Carroll and the School Com- mittee to determine the best locations. It was agreed that this is a problem for Mr. Carroll to work out with the School Committee. The Chairman referred to Bertwell Road and Mr. Gayer said he would take the wall down if the Board so instructed him. Mr. Maloney said that if he did take the wall down, he should not dispose of the stones. The Chairma0 said he did not like to see the trees' taken down. Mr. Maloney reported that there is one tree which will have to come down and that everyeffort could be made to leave the trees there, depending on the grade. Mr. James explained that, after cutting back 67 Sewer abatement denied Speed signs Harrington School area Voting in High School Bertwell Rd. 68 and sloping, there may be trees left with the roots dangling in the.air. Mrs. Morey said she would like to have the people involved meet with the Board and advise that it looks good. Mr. Maloney reported that the people are now at the point of actually being unreasonable, and he felt it unwise to antagonize them. He explained that they have called him continually and he also recalled the abuse taken by Mr. Burns. The Chairman said that the Board agreed on a three foot shoulder and grade back to the best of its ability without causing too much damage to existing property whether it is town or private. Mr. Gayer said that one tree will have to go and there may be others. The Chairman asked Mr. Gayer to get in touch with him when he is ready to start the work. Mr. James suggested inviting the people in so they could be given an opportunity to decide what they want but, inasmuch as the subject has become more or less of an issue between the neighbors, it was decided not to. Mr, Tucker said that he would rely upon the judg- ment of the members who wets on the Board when the pro- ject was first started. Mr. Gayer retired at 9:40 P.M. Letter was received from the Boston Mutual Life Insurance. Company relative to Group Insurance fon Town Employees. Group The Chairman reported that similar letters had Insurance been received from other agents, but the Board has never had a request for this coverage. Mrs. Morey reported that she was/ie Super- intendent of Schools' office today and he asked if the Selectmen had discussed the subject this year. He has had requests from members of the School De- partment who asked about it last year and were told it was too near Town Meeting time to.be considered in the budget. She said this had been brought to .the at- tention of State employees by a letter. The Chairman explained that the employees pay one-half and the Town pays one-half but the dividends go to the Town and not the employees. He said that it would also involve bookkeeping. Mrs. Morey asked the Clerk to find out how many town employees are not covered by Blue Cross. 1 69 Letter was received from Rev. Harold T. Handley requesting permission, on behalf of the Vestry of the Church of Our Redeemer, to conduct a paper drive on Paper Drive Sunday, October 21st. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the request. Invitation was received from the Stanley Hdl],4 ost, #38 American Legion, to attend Installation of Officers Invitation on Monday, October 1, 1956 at 8:00 P.M. in Estabrook Hall. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign the following order for installa= Sewer Order tion of a sewer in Cedar Street from Paul Revere Road, 285' more .or less. COMMONWEALTH OF MASSACHUSETTS Middlesex, 88. ORDER FOR CONSTRUCTION OF SEWER Town of Lexington The Board of Selectmon of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addtition::thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this twenty-fourth day of September, 1956 has laid out and voted to construct a common sewer in Cedar Street, a public way in said town from.Paul Revere Road a distance of 28351* northerly, as more fully shown on a plan entitled "Plan of Proposed Sewer in Cedar Stir -Lexington Mass. Scale l"= 40' May 18 1956 Richard J. Gayer Town Engineer''. abutting the premises thereon designateds Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, B, Fl, F2, F5, H, G, I J, K, L, M, N, 0, P E, 7 6, A,5, 3, 1,-6 7-8, 9-10-11-12-13, 38 thru 45, 46-47-48, 82-83-4-85, 86-87, 88-89, 130-131, 132-133, 134-135-136-137, and 176-177-178-179 on the Assessors' plans and does hereby order that the samebe constructed in said location. A plan entitled "Plan of Proposed Sewer in Cedar St (_Lexington Mass. .Scale 1" = 40 ' May 18 1956 Richard J. Gayer Town Engineer" is to be recorded herewith all compliance with vote'taken at the Adjourned Town Meeting held March 19, 1956 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, or otherwise acquire any 70 fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $103,000.00 of which $58,000.00 is to be transfered from the Sewer Assessment Fund;.and the balance -of $45,000.00 is to be provided by the issue of bonds or notes of the lown; and thatuthe Treasurer, with the approval of the Selectmen, be and/h eby is authorized to borrow the sum of $45,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter L4 of the General Laws, as amended, withina period not exceeding twenty years." be That the work/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 on 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 estpla ted, and the estelms upon which assessments may bejmaae,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: Hazel J. Murray Executive Clerk, Selectmen Haskell W. Reed Ralph H. Tucker, Selectmen of Ruth Morey Lexington r tzl 1 1 tedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Cedar Street from Paul Revere Road a dlstahce or.'.2835t t northerly. Supposed Owner Lot No. Mary E. Connelly 9 Claude A. & Winnifred M. Clarke h/w, Anthony J. & Helen I. Sanseverina hfw Leonard & Helen G. Jellis h/w - 12 Richard W. & Eleanor I. Hyde h/w Henry M. Palese Stanley W. & Mary Ann Janusas h/w Wilber E. & Ethna P. Neal h/w 16 William F. & Mildred A. Furdon h/w 17 Richard H. & Catherine Martin h/w 18 John F. & Agnes D. McCullough h/w 19 David G. & Elizabeth K. Govan h/w. 20 Herbert A. & Mary W. Pike h/w B Roy F. & Stella M. Parsons h/w Adrian R. & Vera L. Parks h/w F2 John E. & Adelaide Penny h/w F3 Joan E. Boyd H George M. & Elizabeth M. Sinclair 1/w G Forrest K. & Lillian M. Marcy h/w I Edward J. & Nancy C. Cassidy h/tai , J Manuel F. Amaral K Murray & Charlotte S. Zelikoff h/w L 10 11 13 14 15 71 Estimated L.C. Area Assessment Cert. No. 15300 634.94: 10900 452.34 9600 398.40 10000; 415..00 10200 423.29 10200 423.29 10100 419.14 10000 415.0o 10000 415.0o 10000 415.o0 10000 415.00 12000 497.99 16750 695.12 74737 iO3oo 427.44 60534 10000 415.00 73911 10100 419.14 65468 10900 452.34 796644 10000 415.00 68357 9600 398.40 69599 10000 415.00 67099 10000 415.00 82785 10000 415.00 82813 72 Supposed Owner Edward J. & Frances M. Skane h/w Clarence Jr. & Anna Pierce h/w Paul Arthur & Doreen D. Plasse h/w Paul B. & Olive E. Lloyd h/w Vincent N. Bellisia ( Salvatore E. Lunnetta Conservator) Paul B. & Olive E. Lloyd h/w Wilfred C. & Agnes Rodgers 'h/w John C. & Margaret Taylor h/w John Alden & Marie Mountain Clarke h/w Carig L. -& Thelma L. Crowell h/ws Joseph Ji & John J. Bombara William J. & Bette B. Wilson h/w Joseph S. & Marion T. Coletta h/w Ralph H.-& Wilma E. Packard h/w David S. & Elizabeth L. Terry h/w Charles Brown Charles E. & Viola';D. Brown h/w Adam S. & Eva E. Wood h/w John C. & Genevieve Nelson h/w Lot No. M • N L. E. 0 P E. 7 6 A 5 3 1 6 Estimated Area Assessment 10000 10000 10000 28100 16100 12500 10000 18300 13000 11300 10600 18700 18400 11900 10700 2400 7-8 9-10 11-12-13 4181°9°80 3$ thru 45 18800 Joseph L. & Claire 46-47- A. Gillis h/w 48 Henry C. Jr. & Christ- 82-83- iana E. Kirkland h/w; 84-85 Fredrick & Elizabeth D. Sgrosso h/w 86-87 Harry W. & Emma E. Pratt h/w John J. & Helena A. Murphy h/w 88-89 130-131 8200 10000 5000 5000 5000 415.00 415.0o 415.0o 1166.14 L.C. Gift. No. 67495. 67216 82463 668.14 68202 518.74 415.00 759.44 539.49- 468.94 :439.89 776.04 - 763.59 493.81. 10111.04 - 99.60 199.20 497.17 780.19 340.30 415.00 207.50 207.50 207.50 1 Supposed Owner William & Mary F. Hawley h/w Joseph F. & Ruth Solano h/w Mary E. Dwyer Lot No. 132-133 E., 134-135- 136-137 176-177 178-179 Estimated L. C. Area Assessment Cert, No. 5000 207.50 10000 415.00 10000 415.00 Due to the fact that a Special Town Meeting will be held next Monday at 8:OOP.M. it was agreed to open the. Board meeting at 7:00 P.M. instead of the usual time of 7:30 P.M. The meeting adjourned at 9:50 P.M. A true record, Attest: Exectitive 42lerk, Slectne 73 74 Jurors Pole Location SELECTMEN'S MEETING October 1, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 1, 1956 at 7:00 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The following individuals were drawn for jury duty: Harvey B. Adams, 46 Downing Road, Vincent C. Clccolo, 16 -Kendall Road and David B. Dole, 163 Burlington Street. Mr. Carroll retired at 7:03 P.M. . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Abbott Road. Mr. Stickney, representing the Boston Edison Com- pany, Mrs. Thomas Connell, Mr. and Mrs. S. Davis and Mr. Herbert Bandes were present at the hearing. Mr. Stickney explained that at the present time a customer by the name of Connell is receiving ser- vice by a line going in from Meriam Street across the Lewis property. The Lewis party has requested re- moval of the pole on their property and the only al- ternative the company has to feed Connell is to set a pole on Abbott Road at the property line between Lewis and Connell. The Chairman explained that the property is:now' in the name of Dunham. Mr. Stickney said the property is now owned.by Davis. The line feeds underground from the pole on the back part of the Connell property and the Davises have given permission to cross the corner of their lot. He ex- plained the proposed location as drawn on the blueprint. The Chairman asked if this would be the only pole. on Abbott Road and Mr. Stickney replied in the affir- mative. The Chairman asked if there were any way to pro- vide the requested service without the pole, and Mr. Stickney replied that he did not believe so. The Chairman asked for those in favor to give 1 75 their names. Mr. and Mrs. Davis registered in favor. Mrs. Connell said that she has no right to be in favor. The Chairman asked if she had any objection, and she replied that she wished the pole could be put somewhere else. Mr. Stickney said it is not a good situation for the company to obtain rights by crossing anyone else's property, They can always order the company off at any time and permanent rights are never obtainable. Mr. Bandes said that very reluctantly he wanted to oppose the petition. He said that he sympathizes with the Davises position but he recognizes their right to order the company off their property. He said if there is any other way the Town or the company can put it on so it will not be an eyesore, he thought all the people on the street would be thankful. Mr. Stickney explained that it is not possible to reach the Connell's without crossing someone elses property. The Chairman said the Board would take the peti- tion under advisement. Mr. Gayer stated that he saw no objection in the fact that it was on the lot line and did not consider any other aspect. The hearing was declared closed at 7:15 P.M. Mr. Stevens, Town Counsel, met with the Board. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for a pole location on'Abbott Road, approximately 90 feet southeast of Meriam Street. The Chairman informed Mr. Stickney that the Town had requested the Boston Edison Company to move the pole at 34 Grapevine Avenue or put a shield on the Light light. shield Mr. Gayer explained that the spacing of the poles won't work out very well and he thought it advisable to try a shield first. Mr. Stickney made a note of the request and agreed to inquire about the status of the request. The Chairman said that the Board has received a petition for the location of four j/o poles on the Cambridge- Concord Highway and recalled that previous Boards had refused to grant permission to locate poles on that highway. He said a petition was denied in 1953 76 and the abutters at that time are the same ones 'in- volved in this new petition. Mr. Stickney said that from the type of Order he thought the petition was for some type of service either private or commercial. He said he was not familiar with this particular'petition butwould check it. Mr. Stickney retired at 7:20 P.M. Letter from Paul M. Mitchell, Secretary of, the Laconia Street Residents} Association, re•status of Laconia the street was held over. Street Mr. Stevens reported that, with references to traffic control on a private way, he did take a quick look but would like a little more time before giving an opinion. Petition was. received from the Boston Edison Pole Company for permission to relocate one pole on Lowell location Street. The Chairman reported that the relocation has been requested by Mr. Gayer as the present pole is in the middle of the sidewalk. Upon motion of Mr. James, seconded by Mr. Maloney; it was voted to approve the petition and sign the order for the following pole location: Lowell Street, approximately '425 feet south of Summer Street. One pole.. One existing Edison pole to be removed. Letter was received, from D. H. Blenkhorn, Dis- tribution Supervisor, Mystic Valley Gas Company, re- questing permission to locate a six inch steel gas main in North Hancock Street to supply gas to nine new homes now under construction on Lindmore Terrace. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the request with the provision that the work is to be done in accordance with speci- fications and requirements of Mr. Gayer. Permit The Chairman read a petition, signed by Donald Clarke, 42 Winthrop Road, et als, requesting extension Sewer of the Town sanitary sewer to include properties on extension the unaccepted section of Winthrop Road. Mr. Gayer said that the existing profile in- dicates that it may not be possible to go through the drain, but he would have levels taken within Ceal 1 77 the next week or so, The Chairman stated that this project would have to be discussed when the 1957 budgets are being con- sidered. The Chairman read a letter from Mrs. Ingeborg N. Swenson, 1L$ Spring Street, asking to have a sewer betterment assessment in the amount of $978.32 levied Sewer against her property on Shade Street deferred because assessment the land is being used for dairy farming. deferred Upon motion duly made and seconded, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of sewer betterment assessment on property in the name of Ingeberg N. & Ingelberg N. & Iver Swenson Trs., in the amount of $978.32 and located on Shade Street, without interest, until said lan46r any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension -of time shall terminate immediately if the facilities of the sewer main are used for said land or any part thereof. The Chairman reported that there was an error in the bid submitted last week by George Brox, Inc. for Street Work, Contract No. 3. -Mr. Gayer read a letter from Whitman & Howard explaining the bid and reported that Brox is still the low bidder. Both Whitmen & Howard and the Town Counsel can see no objection to awarding the contract. Mr. James asked about the engineering costs and Contract No. Mr. Gayer explained that they will be 92% or 10%. 3 awarded Mr. James said that meant there would not be sufficient money. The.Chairman explained that there is drainage which will be taken from another account. Mr. Gayer said that this would be $177,565 in- cluding the engineering. The Chairman explained that this contract in- cludes streets, drains and a couple of water exten- sions. Mr. Gayer said there is $187,4.25 available. Mr. James said that the street construction ap- propriation for 1956 was $170,000. Mr. Gayer agreed and said that on Blake and Henderson Roads there is additional money available , for sewer extensions. The bid would be $177,565 includ- ing 10% for engineering services. 78 Upon motion of Mr. Tucker, seconded by Mr. Maloney it was voted to award the contract to George Brox Inc., the low bidder. The Chairman read a letter from the Board of Fire Commissioners requesting a review of the traffic lights in front of the Central Fire Station. ,k The Chairman explained that the State Department Traffic was advised by that Department to wait two or three lights months after Worthen had been open before making a traffic survey, This information, together with a detailed plan of the intersection at Bedford Street and also at Massachusetts Avenue, will then be sub- mitted to the State who will make recommendations fO traffic control devices. The Chairman read a second letter from Kendall Sewer Wright relative to sewer betterment assessment levied betterment against his property at 71 Adams Street. It was agreed to invite Mr. Wright to meet with the Board to discuss the subject rather than try to explain the situation by further communication. The Chairman reported that Mr. John J. Byrne, Jr., Plumbing Inspector, had requested a transfer of $120 to his personal Services budget. He recalled a meet - Transfer ing with Mr. Byrne in June relative to the $120 which. was deleted from his budget covering two weeks vaca- tion salary at which time it was agreed to request a transfer. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to request the Appropriation Committee to transfer the sum of $120 from the Reserve Fund to the Plumbing Department - Personal Services Account. Mr. Anthony A. Mazza's request for extension of water main to a house he expects.to build on lot #15 Req. for Green Lane was held over from last week. water The Chairman reported that he had checked into this and as far as :he can find out, there is no definite layout for ("peen Lane, and that is apparently the reason the request was denied previously. He ex- plained that if the main is put in, there is no way of knowing whether it is in the street or not because there is no layout. He stated that until some definite information is obtained, no action can be taken on the request. Mr. Stevens advised that if Mr. Mazza does not * of Public Works has already been contacted. Mr. Gayer 1 79 have a street, he should not receive a building permit. The Chairman agreed to discuss the subject with the Building Inspector and report next meeting. The Chairman read a letter from the Minute Man Oil Sales requesting permission to park three trucks on town property adjacent to the old brook along the left side of Camelia Place upon the entrance from Bedford Street. Mrs. Morey pointed out that, at such time as Req. to park the Town is using the Fire Station for voting, such trucks on an arrangment would not be desireable. Town property Mr. Stevens advised that the Board should es- tablish a fee, determine under whose jurisdiction the land comes and also give some thought to the fact that to grant the request would be establish- ing a precedent. Mr. Maloney suggested that information be ob- tained as to whether the arrangement is to be on a temporary or permanent basis. The Chairman reported that Mrs. Koffman, 25 Tyler Road, telephoned and requested a Police Woman for the Sun Valley crossing. She considers this location more dangerous than where the Police Woman is now Traffic assigned and her child refuses to ride in the school bus because it is so crowded. The Chairman said that the sidewalk there is under construction and should be completed by the end of the year. Mrs. Morey reported that the "School" sign at the Harrington School is directly across from a 35 Traffic mile an hour speed sign and said that she thought sign the,apped sign should be removed. The Chairman said that the State will not eli- minate the sign but could be requested to move it to a different location. The Chairman read a letter from Mrs. Boleyn, 2 Essex Street, offering $250 for lots 9 and 10, Essex Street, shown on the plan as Lee Street. The Board is to view the lots before any action on the offer. Jane C. tax title Engineer's taking The Chairman read a letter from Harry M. Sullivan,. 38 Maple Street, offering $2325 for tax title lots Tax title property V 80 Tax title property License Budgets Insurance 35 and 36 Hillcrest Street. The Chairman explained that no action can be taken on this offer until after October 15th as Mr. Sheldon B. Herskovitz, who previously made'anroffer for these lots, has been given until that date to check the title to the lots and advise the Board whether or not he is still interested in acquiring them. The Chairman read a letter from John A. Sharkey, advising that his reason for wanting to acquire tax title lot 13, Hazel Road is because he owns lot 12A. He wants to purchase lot 13 to meet the town's minimuM 100' frontage required before construction plans can be approved for his brother's house. The Board is to view the lot before taking any action on the offer. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign a yearly theatre license for Ray Feely, d.b.a. The Lexington Theatre. The dates of November 15th and December 3rd were established as the deadline for receiving 1957 bud- gets. The Clerk reported that a meeting is to be held on Wednesday, October 3rd at the Junior High School, Room 102 at 3:30 P.M. at which time an in- surance representative will discuss Group Insurance. The meeting adjourned at 7:55 P.M. A true record, Attest: Execiu.tive ,-clerk, \Select 1 SELECTMEN'S MEETING October 8, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 8, 1956 at 7:30 P.M. Messrs. James, Maloney, Tucker, Mrs. Morey,°W. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were present. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to elect Mr. James Chairman for the even- ing. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Raymond J. Tur- cott, Electrician, 424 Bedford Street, was drawn for jury duty. Mr. Carroll retired. The Chairman read a letter from Mr. Stevens re the case of MacKay vs. Lexington. The jury brought in a verdict in the amount of $32,825.55, which includes interest at'4% fromthe date of the taking, September 15, 1955. The matter will go to judgment shortly with the jury's verdict allocated between the MacKays and the bank that held a mortgage on the property, Mr. Stevens will advise the Board later with respect to making pay- ments. The Chairman read a letter from Mr. Stevens re the Phelps vs. Mazerall case. During one of the heavy snow storms in March of this year a town truck while plowing snow struck and damaged a parked car on Outlook Drive. The owner of the car was Marie L. Phelps, and the damage sustained amounted to $167.25. The town refused to pay because the owner's husband had abandoned the car in the street and because of heavy snow was not seen by Mr. Mazerall. At the conclusion of the evidence the judge suggested to counsels that he thought the case should be compromised. Mr. Stevens refused to approve payment of more than $75 and has received written acceptance of that amount. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to approve payment of $75 in settlement of the case of Phelps vs. Mazerall. 81 Juror Claim Claim 82 Wright req. for sewer abatement At 8:00 P.M. Mr. Kendall Wright, 71 Adams Street, met with the Boarc,.n regard to a sewer better- ment assessment levied against Lot B, Adams Street. The Chairman said that the Board had received his letter in which he asked some questions, and it all seemed to hinge on one fact, whether or not it is physically possible to connect his house to the sewer. He said the Board would like his opinion. Mr. Wright said it is his opinion that he can- not connect, based on the present .location and a cer- tain amount of ledge. He stated that in the past when Mr. Bartholomew owned the,house, the East Street sewer was put in to Mr. Porter's house. The proposition was made to.Mr. Bartholomew whether he would connect tot he East Street sewer although the house was on Adams Street. The Chairman asked if his was at the corner_of Adams and East Streets and Mr. Wright replied in the negative. He explained that his house is beyond Porter's. He said the Bartholomews did not enter that sewer system because of ledge. He said the ledge runs more parallel to Adams Street, and his drainage is from the far back. side. It is an old house, about 130 years, which has ben added to. The main section is the only part that.Lhaa a basement. He said to get to the sewer system wouid-i mean going through ledge._ He said at present he is not having any trouble_with his septic tank, and he feels L. that he should be relieved of this expense. The Chairman said he thought Mr. Stevens should-ex- plain hould ex -plain the reasons for abatement or deferment. Mr. Stevens explained that ifthe property was of such a nature that physically any building on it could not be connected to the sewer and it would derive no benefit, he could ask for an abatement and be entitled to it. If the property is such that a building on it can physicai3$r be connected, then it would be assumed by the Board that the property had been improved in value. For that reason a betterment would be justified. He said Mr. Wright would be in a very bad position if the Board abated the better- ment and then he had trouble and wanted to connect because then he would have to pay a connection charge equal to the betterment and it would have to be paid in one lump sum whereas a betterment is on a yearly basis. Mr. Wright said he could appreciate why the town would assess people but he has no intention of even attempting to get to the sewer. Mr. Stevens explained that many people in town have no intention of connecting but the fact that the sewer is there is an added fact tb the value of the property. 1 1 83 Mrs. Morey asked from what street he obtained water and Mr. Wright replied that it comes up from the Porter farm on East Street. He said he has no frontage on East Street. The water enters the house at a different point than the drainage leaves. The Chairman said that Mr. Wright has described how impractical it is to connect, but physicallyib could be done. Mr. Wright said physically, almost anything could bt done. The Chairman said that the elevations are proper so a sewer line could be attached and Mr. Wright agreed. Mr. Wright said that if the lead-off pipe from the house is high enough, yes, but if he drew the usual drainage piping diagram to the sewer system most of it would be above ground. If they blast through the ledge then he could connect. The Chairman said it appears the Board sent him a letter a week ago which was written in error in that it provided that this amount could be deferred for a period of three years without interest, but it cannot be since there is already a dwelling on the particular parcel. The only choices remaining are complete abate- ment, pay:tent by Mr. Wright in full or payment by Mr. Wright extended over a period of time. He said he could not see, under the circumstances, how the betterment can be abated. It is physically possible to connect. Mr. Wright said all right. The Chairman said that the Board has no other choice.. Mr. Wright. said if this is physically being able to connect, it is. Mr. Stevens said that some houses are situated so far below the street they cannot connect. The elevation of the pipe in the sewer in the street was up so high Mr. Wright could get in. Mr. Gayer stated that the -town does connect houses where it has to go through ledge. It is an expense but if something goes wrong with the septic tank, they have to connect. From the elevation standpoint, it is possible. Mr. Wright said he could see from the elevation that it is• passible, but he honestly did not believe that it ever would be done. Mr. Wright retired at 8:15 P.M. Mr. Stevens said that if the ledge condition is such that the Board thought it was too much of a gamble it could abate to a figure it thought it is worth. 84 Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to rescind the vote of the Board of. Sept- ember 24, 1956 extending the time for payment of the sewer betterment assessment, under the provisions. of Chapter 159 of the Acts of 1950, in the amount of $831.59. Mr. Stevens said that. the Bo• ard should now take some action on Mr. Wrightts request, either deny it or grant it. He then has a right to take it to court. The Chairman instructed the Clerk to place the s• ubject - on the agenda for the next meeting. Messrs. Gayer and Stevens retired. at 8:25 P.M. Mr. M. M. Samoorian, 365 Waltham Street, Chief Rycroft, Officers Shine and Kozelj met with the Board. The discussion was more or less as follows: Samoorian: I hope our Chief will have a little more patience to hear what I have to say this gime. In the month of July the street I am living on, Waltham Street, was torn down. Half of the street was closed and the other half was pen for two-way traffic. July 31st, having been.liv- ing there for ten years,. I go back and forth every morning the same time to work at Waltham, Central Square, just four miles from my house. July 31st when I pulled my car out of my driveway the set of lights was. red and there was a green two -door Chevrolet sedan waiting for the light. In back of the green Chevrolet sedan was_a Pontiac con- vertible. I was the third car. Before the" light turned green a Hudson dark sedan ca3ste. When the light turned green we started going. The first car, the Chevrolet, was an old lady driving. She was going very slow. The second car, the Pontiac, tried a couple of times to pass because she was going too slow. It was dangerous to pass because t here was other cars coming. Rt away I said this, man if he tries anything/W111 get in an accident. . copied his registration number,, but he did not pass. That was the time I looked at my speed- ometer. We were all going fifteen miles an hour. We went three blocks from my house. Tw officers were waiting over there. There was a trap, one of them stopped the car and was taking the numbers. The other officer let the two front cars go by. 1 1 1 85 I was the third one and he signaled me to stop. I thought either there is something wrong with my car or it is time for a sticker or something. When the officer came to me I said, anythipg wrong officer. Right away he said shut up Samoorian and give me your papers. Then I got sore. No officer has complaint ever told me to shut up and he has no right to tell me to re police shut up when I am asking a question. I had my registration in the glove compartment. I gave it to him. He said let me see your license. I keep my license in my wallet in my badk pocket and I opened the door. He pushed me back and shut the door on me and said you can't get out. Let me have the license. I said, what am I, a criminal. He said you look suspicious enough. I said, all right take me to the station and lock me up. He said I was speeding. I said I was speeding. That car was not going fifteen miles an hour. If I wanted to speed I couldn't unless I flew over the two cars. I said, why is it you did not stop them. He wanted my license and I said I can't get it unless you let me out of the car. Finally he let me out of the car and I gave him the license. I said, this is ridiculous. He said, shut up, shut up. I said, shut up yourself. I said if anything is wrong, let's go to the police station. He said you are not going anywhere. You are going to sit here and like it. We had a few words. He said you are going to court now. I said I don't care, take me to court. I want you to take me to the Police Station first. I want to tell the Captain. He would not come. I went to the Police Station. The Chief was not there but the desk man was there. Just then the Chief came. I started to tell my story to the Chief the way I have here, how the street was torn. He said never mind the details, what did he get you for? He said how fast were you going. I said I was going fifteen miles an hour. The Chief said there isn't a man on my force that would do that. I said if they did not I would not be here. He said tell your story to the Judge. I said I was going to tell the Selectmen and he said it was up to me. I only know Mr. Maloney and I told him about it. We went to court. I told my story to the Judge and he found me not guilty. The next day I made up my mind when they got me for fifteen miles I would go ten.miles an hour. I drove ten miles exactly. They were waiting for me and did not say anything. The second day when I was going so slow cars were passing me right and left and calling me all kinds of names. The third day I called a friend of mine and said I want you to follow me. He came over and we started. I baid keep about fifty feet back, but follow me. I am going twenty miles an hour. I said I would go fire miles slower than the regulation. The cars started passing, calling me names and kept on going a little under twenty. The offifer over there signaled me and I stopped. 86 The fellow following me came by. Just as he signaled me there were five cars speeding and passing me. The officer said I did not signal you to stop, but just to slow down because you were going too fast. I said I was not going .. too fast. Five or six cars passed me because I was going too slow. There were about fifty cars in back. The traffic was tied up. He said I am not after you to get you but it is my duty to stop you. Mhen I drive fast I want you to stop me. I wrote about ten letters to the Registry of Motor Vehicles about people speeding. I have only four miles to drive and I have a whole hour. I am not in a hurry to drive fast. I told the officer you should respect your elders, I am old enough to be your grandfather. If they are doing it to me, they are doing it to others. 'I don't think it is becoming to this town, I had a lawyer when I went to court and he was going to appeal. A friend of mine wanted me to get a couple of reporters but I live in Lexington and did not want to have anything like that. Chairman: Is that all you have to say factually. Samoorian: Yes. Chairman: Which officer did he talk to first? Shine: Me, sir. Chairman: What is your story? Shine: On July '31st about 7:17 A,M. I was speed checking on Waltham Street, south of Allen. I saw the defendant driving south, estimate speed 35 to LO miles an hour. I motioned him to stop after I had to bloW my whistle. I told him he was going too fast. He then pushed the door to his car open and jumped out, started to call me names. He was highly emotional at this point and I asked him to show me his license and regis• tration. Officer Kozelj came over and told him as a licensed driver he was compelled to show his license to an officer when requested to do so, Officer Kozelj left and Mr. Samoorian started jumping up and down again and he started yelling. I said shush. He asked - me my name and I gave it to him and he drove off toward Lexington center. Chairman: That was the incident that resulted in a court case. Shine Yes. Chairman: Were you involved in the incident several days after the court appearance. Shine: Yes. Chairman: Do you have anythink to add. Kozelj: I was talking to another motorist across the street. 1 Chairman: Samoorian: Kozelj: Samoorian: Kozelj: Samoorian: Rycroft: Samoorian: Rycroft: Samoorian: Rycroft: Samoorian: Rycroft: Samoorian: Rycroft: Samoorian: While I was talking to the motorist I heard yelling and hollering. This gentlemen here was excited and loud. I went over and asked officer Shine what the trouble was and he said this gentlemen refused to show his registration and license. I told him then a police officer asks to see his license and registration he was compelled to show it and then he showed it to officer Shine. That is all I know about the incident. That is all either Yes. When you come down you said to me when you are walking on the street when an officer stops you and asks you for identification you have to show it to him. No sir. When you came over he already had taken the number and handed it back to me. When he threw the envelope back to me was the time you came over. You picked up the envelope and gave it to me. I walked over and asked Officer Shine what the trouble was and he said you refused to show your license and registration. You said when an officer stops you are walking on the street and asks tification you have to show them. has my papers. Mr. Samoorian, did you with this man before? I don't think so. As a fair recollection, No of you have to say? when you for iden- I said he ever have any trouble you never did? Ont that morning you said that they let four other cars go by and they picked out yours? You never had any trouble with them before? I don't remember. I don't know. Wouldn't you recognize them? Four years ago. They were not police officers four years ago. My mother-in-law died and we went to a wake in Watertown. Four cars, tdo of my brothers-in-law, my sisters-in-law and myself. We were coming on Lowell Street, crossing Woburn Street where the light is now, They had a stop sign about fifty feet back from the street under the trees. Three cars went but I was the fourth one. Two officers 87 Chairman: Samoorian: Chairman: Samoorian Chairman: Samoorian: Tucker: Samoorian Chairman: came. I did not know who they were. them now, I. wouldn't know them. That does not bear on this incident. They said I failed to stop on a stop sign. Besides I was the fourth car. All we can do is discuss this and try to arrive at something that will be fair to everyone. Ever since the day he stopped me I have been travelling fourteen riles a day extra so they won't be giving me any more trouble. We will discuss it andtry to arrive at some- thing that is fair. I have been threatened. What is this threatening, business. He told me I am going to get you and get you good and proper. A lady I don't know called me on the; telephone and said be careful the police are out tb-get you. The same thing happened to my brother a.year ago and he had to move out of Lexington. We have all the story that bears upon the sit- uation. We have another appointment at 8:30 and I think be better get on to that one. If I see Mr. Samoorian, officers Shine and Kozelj retired at 8:55 Y.M. Rycroft: I don't believe the gentlemen realizes how fast he was g Chairman: He was found/guiity. Rycroft: That is right. The Chief read a list of eight traffic violations on record against Mr. Samoorian. He retired at 9:05 P.M. Mr. Stevens and Mr. Gayer returned to the meeting. Mr. Chester Lidberg, his mother and sister met with the Board. Mr. Lidberg said his problem is the sewer assessment on the old homestead. He said he has been assessed for 335 feet. He contacted Mr. O'Conner of the Engineering De- partment. There are 185 feet attached to the house and another additional 150 feet for a proposed lot which in- cluses the barn. He said he wanted some relief until such time as he can get the barn down. The total is $1250i The sewer assessments across the street run on the basis of 100 feet and he has to pay for 185 feet. Mr. Lidberg presented a plan which he had drawn up Since he received his bill. Mrs. Morey asked if it was an approved lot; a filed lot 1 1 1 89 and Mr. Lidberg replied in the negative. The Chairman asked if all the lots were filed as a plan and Mr. Lidberg replied that none of them are. The Chairman said that, pointing to the plan, Mr. Lid - berg would like some relief on this lot here. Mr. Lidberg said he would until such time as the barn is removed. He said he has a customer for one of the lots and has asked for water on it. The lot with the barn on it cantt be sold as it is. Mrs. Morey asked if all three lots would be filed when one was filed and Mr. Lidberg replied not the one with the barn on it. Mrs. Morey said that he could file the three parcels of land even if the barn is on it. Mr. Lidberg said he could not sell the lot with the barn on it. The Chairman showed the plan to Town Counsel who said that the plan could be filed. He said a good many plans have been put on record showing lines running through buildings. The Chairman asked if it would be possible to defer the assessment if the barn was not there. Mr. Stevens asked if the barn was being used and Mr. Lidberg replied that he is not using it but it is rented out. Mr. Stevens said that the sewer goes to the line so this lot could be reached. The betterment as it is now had been put on the whole area. He explained that a betterment can be spread over twenty years, but if it is deferred it must be paid all at once. If it is deferred and in a year or two the barn is taken down and the lot sold, either Mr. Lidberg or the purchaser will have to pay the full amount. Mr. Lidberg said he understood that. He said he wanted relief from the other one also. Mr. Stevens explained that they are two seperate questiois. The Chairman said that the Board would take the matter under advisement, and let Mr. Lidberg know. The Lidbergs retired at 9:25 P.M. Letter from the Laconia Street Residents' Association was held over, Mr. Stevens having agreed to check the Statute re traffic.control. Mr. Stevens advised the Board that he does not be- lieve the Statute is intended to apply to situations like this. The Town does not have control of the speed on an unaccepted way. He reported that he had checked with one of the men in Traffic at the Public Works and was told that the Statute would not apply. He said the Town does not have any rights in an unaccepted street and Laconia Street, beipg unaccepted, the Board does not have the power to put in speed regulations. Traffic control on Laconia St. 90 Contract Use of room Mrs. Morey asked if the people could hire an officer for special duty such as the Atlantic and Pacific does and Mr. Stevens replied in the affirmative. He explained that the Town police officers could stop speeders on an unaccepted street if they are driving at a rate of speed that is unreasonable and improper. Mr. Stevens presented copies of the Brox contract which he said he would approve and hold until a better certificate of insurance has been received. Mr. Maloney reported that M/Sgt. Ernest W. Hill of the U.S. Army Recruiting Station, Waltham, Mass. would like the use of a room one. day a week, preferably Thurs- day, from 1:00 P.M. until 4:30 P.M. This will make it possible for Lexington boys to obtain information locally. There will be only one man on duty and the use of the room can be terminated at any time by the Board. The Chairman suggested, and the Board agreed, that the Army Recruiting service be granted permission to use a conference room on Thursdays from 1:00 PIM. until 4:30 P.M., said use to be terminated by the Board at any time. The Chairman read a letter from Leslie C. Read, Warren Street, to Mr. Gayer relative to repairs on that street Complaint and others in the same vicinity. • Mr. Gayer informed the Board that he has already issued a work order to have the holes patched. The Chairman read a letter from William Roger Greeley Painting asking that the painting of/Cary Memorial Building /the Cary Bldg. conform to the traditional color. Mr. Maloney reported that the color is Colonial Ivory and he has received favorable comments. The Chairman read a letter from Fay Kenney, 34 Grape- vine Avenue advising that she does not want a shade placed on the street light but does want the light moved one post Street down. light Mrs. Morey suggested that a copy, of the letter be sent to Mr. Stickney, the Boston Edison representative with whom the Board discussed the subject last week. Mr. Anthony A. Mazza's letter requesting extension of water main to service Lot #15 Green Lane was held over. Water Mr. Gayer said that there are four houses already con - ext. structed on Green Lane and he is having a schedule of betterments prepared to send Mr. Mazza with the request that the necessary signatures be obtained and the schedule returned. This will be an item for the 1957 budget. The Chairman read a letter from Reynold C. Boselli 1 91 336 Lincoln Street, together with petition, for instal- lation of sewer in Lincoln Street from Marrett Road to Sewer Bgrrymeade Drive. Ext. Mr. Gayer reported that it is possible to make the connection and he is having a schedule of betterments pre- pared for signatures, said project to be a 1957 budget item. Letter was received from the Commonwealth of Massachu- setts, Department of Banking & Insurance, advising that said department has been issued a certificate establishing a contributory retirement system for the East Middlesex Mosquito Control Project. The system becomes operative Retirement on January 1, 1957 and the eligible employees become members of the Middlesex County Retirement System. Mr Bertram P. Gustin, Chairman Town Celebrations Committee, and Mrs. Cheever, Secretary met with the Board. Mr. Gustin referred to the committee's budget and asked if the committee.. had control of the money or if it had to obtain approval from the Selectmen for expenditures. The Chairman said he presummed the budget was established for the committee which can operate under it. Mr. Gustin referred to the observance of UN Day and said this year there is a three- fold program recom- mended. One is the sale of UN cook books. The League of Women Voters will sell the books. The second is the UN book shelf recommended for public libraries, etc. Under this, they are promoting the service groups to participate and make donations. The book shelf is an item of $70 in- cluding $10 for a children's bookshelf. The third aspect is to start, on a continuity basis, planting of properly marked trees. That, the committee feels, is its own expense. The Committee has asked the Student Council to participate. U.N.Cook Mr. Gustin explained that the League of Women Voters Book Sale does not have the money to advance the purchase of the cook books. They can sell 250 for $1.00 each. The Committee thought it could order the books in advance and when they were sold the League could reimburse the Committee. However, he understands from Town Accountant that he would not approve. The Chairman asked if the business of the. cook bookt-- would be putting the Town in a position of buying and sel- ling at a profit. Mr. Gustin replied to the negative and said that the committee would be lending the money to the League. 92 Tent on Emery Park Parking req. denied Permit The Chairman explained that the committee could not lend any money and any money returned would have to go into the Excess and Deficiency Account. Mr. Maloney suggested that the Lions Club lend the money to be paid back when the books are sold. Mr. Tucker said that it seemed to him thit project was getting/from an official town function. away Mr. Gustin requested permission to erect a tent on Emery Park to be used by the League of Women Vottrs in connection with the sale of cook books. The Chairman said that he could see no objection and recalled that it is used by other organizations on April 19.th. Mr. Gustin said the committee would like to have the flags flown on UN Day and would/like a loca- /also tion for a UN flag. Mr. Maloney suggested that the UN flag be dis- played in front of the tent. Mr. Gustin and Mrs. Cheever retired at 10:25 P.M. which Letterlwas received from the Minute Man Oil Sales. re parkipg trucks on town property in t he vicinity of the Central Fire Station was held over. The Board was unanimously opposed to such an arrangement and denied the request inasmuch as it would be establishing an undesirable precedent to _ grant a private concern permission to use town pro- perty for private parking. Letter was received from James E. McCarthy, president of the Woodhaven Associates, reqqesting permission to conduct a street dance on October 19th from 8:30 P.M. until midnight in front of #36 through #41 Normandy .Road. The Board had no objection and granted the re- quett. TheChairman read a letter from Mrs. Gladys_M. Washburn, 20 Fletcher Avenue, commending Sergeant Comrrendati9Woodward and Patrolman Kozelj for their kindness and courteous assistance on the afternoon her father dropped dead. The Chairman read a letter from Lieutenant Inspector Corr reporting on theft of copper from theft the construction at the new High School. The case C•" tTi 1 was solved and restitution to be made. The Chairman reported that last winter he attended a meeting in Boston held by the Boston National Historic Sites Commission. The °ommission is now concerned, in particular about the Lexington -Concord Battle Road of April 19th on Monday, October 15th, Room 1400 Post Office & Court House, at 3:00 P.M. He reported that N. Jaquith and Mr. Snow plan to attend and he thought the Lexington Historical Society should be represented. Mrs. Morey agreed to contact Mrs. Charles Davis and make sure that her husband who is president of the Society, presently out of town, has been advised of the meeting. The meeting adjourned at 11:05 P.M. A true record, Attest: �_.,%t-'.�-1 xecrtive,Mlerk,(Select4en. 93 94 SELECTMEN'S MEETING October 15, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 15, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, James and Mrs. Morey were present. Imo. Stevens, Town Counsel,. Mr. Gayer Superintendent of Public Works, and the Executive Clerk were also present. Mr. Gayer referred to request received from DeVries for abatement of a sewer betterment assessment DeVries and reported that he has everything straightened sewer out with respect to the original request except Lot C betterment on Lowell Street, beyond Fairlawn Avenue. He explained that the*development has been constructed, this *way the parcel will never be a street. The Chairman asked what Mr. DeVries proposes to do with this parcel of land and Mr. Gayer replied that he did not know whether he would sell it to the abutters or not. The Chairman said that he assumed it would never be built upon, and wondered if he were going to give part of the land to each abutter. Mr. Maloney asked how an assessment could be jus- tified if the land is not bettered and said if Mr. Devries gives this land away, it won't be bettered. Mr. James said the only question now is whether or not this particular parcel can ever be built upon. Mr. Stevens looked at a plan, presented by Mr. Gayer, and said that the lot cannot be built upon because it is not large enough and was reserved for a street. Mr. Gayer explained that the lotting changed so it can never be used as a street. It was agreed to have Mr. Gayer contact Mr. DeVries and find out what he intends to do with thiel parcel of land. The Chairman read a letter from t he Emergency Borrowing Finance Board, together with the vote, passed on October approved. 9, 1956, authorizing the Town of Lexington to borrow the additional sum of $60,000 for the Franklin School Addition. 14.22.1 trnal 1 95 The Chairman read a letter from the Division of Civil Service relative to two amendments to Chapter 629 of the Acts of 1956. Civil Mr. Stevens explained that if a police officer Service is given punishment duty, he has a right to a hearing. He agreed to check into the subject further and the Chairman was authorized to instruct the Chief of Police to discuss the amendments with Town Counsel. Petition was received from the Boston Edison. Company and the New England Telephone and Telegraph Company for approval of five j/o pole locations on Crosby Road. Pole Mr. Gayer reported that the poles are already locations located and the numbers on the existing poles are different from those indicated on the pian enclosed with the petition. Mr. Gayer was instructed to obtain more definite information before the Board takes any action on the petition. The Chairman read a letter from Louis Kennedy, ].1 Somerset Road, advising that the entrance to his driveway is bad, especially in wet weather. Mr. Kennedy is of the opinion that it is part of the street/therefore town property. He requested / and Street that the town repair the entrance to his driveway repairs and also repair some holes in Somerset Road, at the corner of Franklin Road. The Chairman informed the Board that Mr. Gayer reported to him that the holes in the street have been repaired. Mr. Gayer stated that he wrote to Mr. Kennedy and explained that the driveway entrance is private property. The sewer betterment assessment in the amount of $1,249.25 levied against property owned by Chester Lidberg and located on Adams Street, was .discussed at length. Lidberg It was decided to advise Mr. Lidberg that when the parcel of land involved is shown on a registered plan as the lot upon which his house is located, to- gether with another seperate lot, the Board will dis- cuss the subject further and consider at that time the possibility of• deferring the assessment:Ion the seperate lot. 96 Wright sewer assessment Radar speed control mcahines Further discussion was held relative to sewer betterment assessment in the amount of $831.59 levied against Lot B, Adams Street, owned by Kendall Wright. Mr. James said that what the Board has to decide on this is whether the betterment stands or whether it does not. The Chairman stated that there is a possibility of connecting, to the sewer but it would be expensive because of the ledge. Mr. James reminded the Board that there are Other situations in town just like that andthe property owners have paid the betterment. Mr. Gayer was requested to figure out what the assessment would be on 150 Boot frontage. The Board will then consider abating the difference between the assessment on 150 feet and the original assessment. The Chairman was authorized to ask. Mr. Wright to meet with him some afternoon to discuss the subject. At 8:10 P.M. Chief Rycroft and Lieutenant Corr of the Police Department met with the Board to dis- cuss speed control by radar. Lieutenant Corr advised that, at the Chief's request, he had Mr. Delaney of the Registry of Motor Vehicles, and Mr. McCarthy of the Department of Pub- lic Works, come out and go, over zoning of the town. He explained that, in going to court with speeders, the Judge does not want to take an estimate of speed. He has been told by the Court that drivers operating cars in a thickly settled area should be clocked for 1/8 of a mile and outside districts for 1/4. of a mile. Lieutenant Corr explained thi$ can be done only by a cruiser. He *eferred to the electronic meter purchased by the Town of Concord acid stated that the Court will not accept it as evidence because it does not concur with the ruling of 1/8 or i/) of a mile. Lieutenant Corr recommended zoning all themain streets in town. If the radar machine is purchased which would be used to zone the town, speed signs would be erected not more than 1/2 a mile apart, A speed check of 100 cars would have to be made for the purpose of arriving at a speed limit and there would have to be a spot map with accident locations checked. The Chief explained that the required signs will cost approximately $25 each to install. The Chairman asked if the department wanted to ask for the machine at the Special Town Meeting and 1 97 how much it would cost. Chief Rycroft said he should have an appropriation of about $950. Mr. James asked if the Chief wanted an approp- riation for signs at this Town Meeting and he replied he thought that could come in the March Meeting: Chief Rycroft and Lieutenant Corr retirees at 9:03 Mr. Gayer reported that he needs $5,000 for snow Transfer for removal'_and upon motion of Mr. James, seconded by Mr. snow removal Maloney, it was voted to request the Appropriation Com- mittee to transfer the sum of $5,000 from the Reserve Fund to the :now Removal Account. Mr. Gayer retired and the Planning Boardmet•:iaith the Selectmen at 9:55 P.M. Mr. Jaquith reported briefly on the public hearing held by the Boston National Historic Sites Commission and its concern about the Lexington -Concord Battle National Road. He said that the Commission would like an op- Historic portunity to meet with the Selectmen and the Planning Sites comm. Board to. further discuss the project. An informal discussion was held relative to the Buse land located in the vicinity of the Arlington - Lexington line which the Planning Boand would like to acquire for recreational pdrposes. Mr. Maloney suggested that Mr. Snow arrange a conference with Mr. Busa in an effort to work out some mutually satis- factory arrangement whereby the Town may acquire the property. Mr. Jaquith explained the Planning Board's recom- mendation in regard to an article for the Special Town Meeting.in relation to Boning. The Planning' Board retired at 10:30 P.M. Mr. Stevens continued a discussion of the warrant and also a report on an accident involving Eugene Maloy, an employee of the Water Department. Accident He explained that Mr. Maloy hit a car in front of him at the lights in Lexington Center apparently causing that car to collide with the car in front of it. The estimate cost of repairs to the town truck is $15. There are two estimates for repairing 98 Pollen sewer the ear which he struck, one in the amount of $448.25 and one in the amount of $471.65. • It was agreed to have Mr. Gayer obtain an esti- mate from the Colonial Garage for repairing the 1952 Buick sedan involved in the accident and owned by -Mrs. Estelle M. Lee, 35 Elizabeth Road, Belmont. Mr. Stevens retired a 10:50 P.M. The Chairman read a letter from Ernest Cutter relative to a proposed sewer extension in front of a Road vacant lot owned by him on Pollen Road. Mr. Cutter requested a hearing with the Board before anything further is done in connection with the sewer. The Chairman explained that this extension was in connection with the Massimilla property at the corner of Pinewood Street and Pollen Road. At the time, he had a septic tank and a number of cesspools overflowing. He also has a swimming pool. Mr. Burns thought it would be possible to connect the Massimilla property by extending the sewer in Pinewood Road and he had a figure of $7500. When the Chairman asked him abut it he explained that it might develop -that - it could not be done Via Pinewood and would have to go up Pollen Road. The Chairman reported that it is not possible to sewer from Pinewood Road so it has to go up Follen Road. Mr. James, who has discussed the matter with Mr. Cutter already, agreed to contact him and explain the situation. If hestill'desires to meet with the Board, an appointment will be scheduled. The Chairman read a letter from the Board of Health requesting an additional $1,000 for the Polio Vaccina- tion Program. Upon motion of Mr. James, seconded by Mrs. Morey it was voted to reque$t txje Appropriation Committee to transfer the sum of $1,000 from the Reserve Fund to the Board of Health Expenses Account for the continuation of the Polio Vaccination Program. Transfer The Chairman read a letter from Sheldon B. Hers- kovitz, 147 Chilton Street, Cambridge, advising that Tax title he is no. longer interested in purchasing tax title lots 35 and 36, Hillcrest Street and is cancelling his bid.• Tax titlb The Board gave further consideration to Mr. Harry M. Sullivan's offer of $232!4. for lots 25 and $6 Hill- crest Street. 1 Upon motion of Mr. Maloney, seconded by Mr. James, it was voted that a proposal to sell the lots be advertised in the Lexington Minute -man and that further consid- eration be given the offer at the next meeting of the Board. Application was received from John J. Deaveaux requesting permission, on.behalf of St. Brigid's Holy Name Society, to conduct a dance In Cary Hall on Tuesday, November 20th from 8:00 P.M. until.midnight. It was unanimously agreed to grant the request, subject to a charge of $355.00,.plus $1.50 an hour for Janitor's overtime services. 99 Use of Hall Jpon motion of Mrs. Morey, seconded by Mr. James, it was voted to establish the polling hours for the Election State Election on Tuesday, November 6th from 7:00 A.M: until 8:00 P.M. and to sign the Warrant for same. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the following Sewer Orderst Blake Road from Simonds Road southeasterly approximately 570 feet to Preston Road; Chase Avenue from Bennett Avenue northeasterly distant 280.00 feet to Banks Avenue; Follen Road from end of existing sewer south westerly approximately 280 feet to a point be- yond Pinewood Street. Hayes Lane from Fletcher Avenue northerly ap- proximately 200 feet; Richard Road from Pollen :,:: Road northeasterly ap- proximately 339 feet; Ross Road from Paul Revere northwesterly distant approximately 360 feet. Spencer Street from a point approximately 50 feet northeasterly from Joseph Road north- westerly approximately 200 feet. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign the following Water Order: Chase Avenue from Bennett Avenue Northeasterly distant 280.00 feet to Banks Avenue. Sewer orders 100 The number of 1956 Town Reports to be printed was discussed and it was agreed to invite bids for 500 copies and also for 600 copies. The Chairman read a memo from Mr. Tucker ad- vising that Ben Hander, Chairman of the Community Fund Drive, telephoned him relative to flying a Kytoon with a Red.Feather Flag. It was determined that no action by the Board is necessary. The meeting adjourned•.at 11:10 P.M. Apue record, Attest: r' aectve erk, Selector 1 SELECTMEN'S MEETING October 22, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 22, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney,.Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Secretary were also present. Hearing was declared open upon petition of the Town of Lexington to maintain one underground tank for the storage of 1,000 gallons of gasoline on pre- mises of the New Town Office Building, Massachusetts Avenue. A notice of the hearing was inserted in the October 11, 1956 issue of the Lexington Minute -man and also sent to the :.abutters. No persons appeared in favor or in opposition. The Chairman reported that the application had been approved and signed by B. J. Belcastro, Deputy Chief, of -the Lexington Fire Department. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to approve the application and grant a license for the maintenance of one underground tank for the storage of 1,000 gallons of gasoline on pre- mises of the New Town Office Building. Petition from the Boston Edison Company and the New England Telephone and Telegraph Company'for i/o pole locations on Crosby Road was held over. The Chairman reported that the poles have already been located and this petition is merely to correct the petitioners' records as when originally granted Crosby Road was a private way. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to approve the petition and sign the order. Statement from the M.D.C. relative to unexpended balance of the Water Supply System funds was noted and placed on file. The Chairman read a letter from John Blackhall Smith, Superintendent of Schools, advising that the Harrington School Building Committee recently authorized the erection of a Cyclone fence along cer- tain boundaries of the Harrington School. Since no permanent boundary marks were erected when the plot was originally acquired, it was necessary to hire a 101 Gasoline hearing Pol e locations. Boundary line Harrington School 102 surveying firm, Miller & Nylander, to determine the boundary lines. Mr. Nylander found that the plot on file at the Town Office were incorrect. Mr. Smith stated in his letter that he was calling this to the Boardie attentionwith the suggestion that it be re- ferred to Town Counsel. The Chairman also read a letter from Mr. Stevens advising that the property was acquired by the Town by a.taking by eminent domain on September 17, 1951 and recorded on September 18, 1951. The instrument of taking referred to a survey plan which was recorded with the Ordar. Subsequently the Town obtained from the owners, a confirmatory deed and damage release dated September 20, 1951 and recorded on September 2L, 1951. This instrument followed the same description and referred to the same plan as did the taking Order. He said that he did not see where there would be any error in the Townts records, but suggested that the matter be referred to the Town Engineer for his com- ments and suggestions. The Chairman reported that John Carroll, of the Engineering Department, is in the process of checkin this. Mr. Smith also referred to the 1957 School budgets and said. that the School Committee is considering salaries for non -teaching personnel. The Committee Salaries would like to know of the policy for the payment �f secretaries and custodians under the jurisdiction of the Selectmen. Mrs. Morey said that the Library Trustees would like to know something about salaries for budget pur- poses. The Chairman asked if the Board felt it advisable to discuss salaries at this time and Mr. James replied in the affirmative. It was agreed to hold a special meeting in the Trustees Room, Cary Memorial Building, on Tuesday night, October 30th for the express purpose of discussing the subject of salaries. Mr. Stevens read a let -ter to the Board re Gorham Buttrick et ux vs. Lexington. Pursuant to a confer- ence regarding possible settlement o.t the Buttrick and Barnes. cases, Mfr.:Stevens agreed with Mr. Buttrick's attorney to settle the-Buttrick case for $600. He said this undertaking was made principally on the ground that the Town could not afford to try the case when Only.thatamount was involved. Be explained that the balance now in Sunnyfield Sewer appropriation, is something less than $3.00 and recommended a transfer 1 from the Reserve Fund so that settlement may be effected. Mr. Stevens reported in his letter that he of- fered the attorney for Dr. Barnes $1850 in settlement, but he will take nothing less that $4,000. Mr. Stevens did not recommend that the Town voluntarily pay such SUM. He felt it better to take a chance with the jury unless the case can be settled for a figure closer to $2,000 or $2,500. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to request the Appropriation Committee' to transfer the sum of $600 from the Reserve Fund td, the Sunnyfield Sewer Account. At 8:15 P.M. hearing was declared open upon pet- ition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate. four poles on the,Cambridge-Concord Highway. Mr. Mahon representing the petitioner, Mr. & Mrs. Olivieri and Mr. Louis Serpa were present at the • hearing. Mr. ,Mahon explained that an application for service' has been received fro frad-Mr.Jblon Olivieri. In order to reach his property it is necessary to ex- tend the line by four poles. The Chairman asked if there were any existing poles in the area now and Mr. Mahon replied in theaffirmstive. The Chairman asked if this is the location on the Turnpike where the Board has been reluctant to have poles located and Mr. Mahon replied in the negative. The Chairman asked if the service was for a new house and Mr. Oliviers replied in the negative. He stated that he cannot go any further until he knows whether or not he can get service, The Chairman asked if he intended to build, and Mr.-Olivieri replied in the affirmative. The Chairman asked if the location was between Lawn Avenue and Wellington Lane, and Mr. Mahon replied in the affirmative. The Chairman asked what Mr. Olivieri intended to dgGbout wets; and he replied that the procedure is to put in an artesian well. The Chairman informed him that there is no water in the Area. Mr, Olivieri said that the only solution is what other people have been doing and that is using artesian wells. The Chairman asked if anyone wished to be recorded in favor of the petition. Mr. Louis L. Serpa said that he'owns 506 Concord Turnpike and would have no objection to the poles'as 103 Settlement of Buttrick case Transfer Pole locations 104 Harrington School lighting Pole location Episcopal Church long as they are on State land. Mr. Mahon explained that this .s.a State Highway and if the company does obtain a grant from the Town, it must then approach the State for permission to carry on. The group, with the exception of Mr. Mahon, re- tired at 8:25 P. M. The Board could see no justification for denying the petition and upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sigh an Order for the following j/o pole locations: Cambridge -Concord Highway, southerly side, westerly from a point approximately 855 feet west of Wellington Avenue Lane, -- four poles. Guy wire and anchor on the lith pole. Mr. Mahon said that he had a matter in relation to at eet igdtitg for'the HerringtetCSehoel and pre- sented a layout of six lights that are required. The Chairman asked if the money was coming from the Publid Works Department budget and if the request was made by the Town Engineer. Mr. Mahon replied that the request came from Mr. Wentworth, Boston Edison Company. ' Mrs. Morey said that there is'money In the school budget to pay for this. They can get State assistance and erect ornamental poles. The Chairman said that he would discuss the sub- ject with Mr. Gayer7and advised Mr. Mahon that the poles will be ornamental if they are paid for from the school budget. If, however, they have to be paid from Mr.Gayer's budget, -the poles are to be Class #2. Mr. Maloney said that he thought the lighting was more important than the poles. He said the municipal parking area is better illuminated than the High School. Mr. Mahon said that the lights requested are nit very bright. Mr. Maloney said that regardless of who pays fa' them the lighting should be better. Mr. Mahon said he would like to bring before the Board the matter of M pole on Meriam Street at the Epis- copal Church. Mr. James explained that the Board approved placing of the pole, but it is in the wrong place. The Architect does not want;to bring the service in from. the present location. Mr. Mahon said that the company has agreed to ohange 1 it but they have not had an opportunity to get a j/e petition signed by the New England Telephone and Telegraph Company. The Board was in favor of having the pole mo- ved to the location desired by the architect. Mr. Mahon retired at 8:40 P. M. Hearing was declared open upon.petition of the New England Telephone and Telegraph Company for permission to lay 112 feet.of conduit in Bernard Street. Mr. Consilvio, representing the Petitioner, and Mr. and Mrs. Dawes were present at the hearing. Mr. Consilvio explained that the company is desirous of feeding service to the people living on Bernard Street. The only way to cross is through the existing conduit. It will be extended at three feet from the corner of Bedford Street to the first pole, three feet off the property line in the travelled way. The Chairman said that construction of the street will be started right away. Mr. Consilvio said he would advise the company to start right away. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following conduit location: Bernard Street, from a point 10 Peet from Bedford Street, northeasterly approximately 112 feet of conduit. Mr. and Mrs. Dawes retired at 8:45 P. M. - Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to lay 146 feet of conduitinHancock Street. No one appeared in favor or in opposition. Mr. Consilvio said that he had the manhole going to the first pole 5 extending underground to pole 6 to relieve Some of the strain on pole 5. Conduit It is now underground crossing the tracks to pole location 5 and will be underground to pole 6. Mrs. Morey asked if this involved the location of one pole and Mr. Consilvio replied that it would possibly mean the elimination of pole 5. Mr. Tucker asked why underground and Mr. Consilvio replied that the company has more requests for higher grade of service and to do that there will be a very large conduit. Rather than have pole 5 take all the load it will be split, come up with new cable and go to pole 6. He said the company wants to 105 Conduit location 146 give more Upon Morey, it the Order service to that section of Lexington. motion of Mr. Maloney, seconded by Mrs. was voted to grant the petition and sign for the following conduit location: Hancock Street, from manhole #34/56A northeasterly approximately 146 feet of conduit. The Chairman informed Mr. Consilvio that the telephone company has a manhole in the middle of Lexington.Center and the men are working on it five days a week. He asked if there was any possibility of having it moved over toward the curbing. - Mr. Consilvio said that he would have to check - with the company's engineer to find out about re- locating the manhole and bring it back toward the sidewalk. He said he thought it might be almost impossible but he would bring it to the attention of the Engineering Department. Mr. Consilvio retired at 8:50 P. M. Chairman Belding, Messrs. Gay, Hoyt and Meyers of the Cary Library Addition Committee, Mr. Ralph H. Nason, Librarian and Rev, Harold T. Handley met with the Board. Mr. Belding said that the Committee is requesting the insertion:of an article in the warrant to request a supplementary appropriation for the building and equipping and addition. When the final plans were nearly completed the Committee obtained an estimate which was away over the budget so it ordered changes in the plans. Now the Committee has a plan substanti4 sally as shown in the brochure, including only what it feels is necessary. The Committee has a new estimate :. which 3s substanti.allyover, and feels that any further cuts in cost will effect the size and plan of the building. He said they want to go to Town Meeting and have the Town Meeting members choose additional cost or curtailment of the scope of the addition. The.Chairman said that what the Board questions at the moment is whether the Committee can cut or do any changing from what was presented at the Annual Town Meeting without having a vote of the Town. Mr. Belding said that the Committee feels techni.. cally it can under the vote give the Town an addition which is all that was called for, but it won't be whet the Committee led the Town to expect. The Chairman said that there is a moral obligation to 1 107 the people. He asked if the Committee is not given the money would it assume that it is to go ahead and do the best it can with the money available. Mr. Belding said that is his understanding. Mr. Gay said to go ahead with the money they -have would be a drastic change. Cary The Chairman said he would object if the Committee Library constructed it, as it could, for the money available. Addition He said it is the Committee's duty to bring this be- fore the Town Meeting before it goes ahead. Mrs. Morey said that there are some people who feel that such a large expenditure should be someplace else. She asked what the Committee would do if there is a feel- ing that the Town should not spend $1400,000. Mr. Belding said his reaction to changing the site is that it is a very good idea but to get the same library it will cost an additional four or five hundred thousand dollars. Mrs. Morey asked how much mo i�y would be requested, and Mr. Belding replied about 100,000. Mrs. Morey said that will mean one-half a million for this addition. She said that if the.Town Meeting votes it down, she understands the Committee will be somewhat short if it leaves off the stack wing. Mr. Belding said leaving off the wing will still be over the budget. If they take it from furnishings it will leave only $1,000 for that item. The Chairman said that the figure discussed is only an estimate. Mrs. Morey said that to arrive at the cut figure, she understood they would leave out some of the furnishings, and Mr. Belding explained that this figure includes all the furnishings. Mrs. Morey said if the building is built and the amount for furnishings is cut, the Library Trustees would have to ask for money to complete the building. Mr. Maloney asked how much of a problem it would be to put this out for bids, and Mr. Belding replied that they expect to have it out for bids the 19th of November. Mr. Maloney said that if the bid is over the estimate, the Committee would have to come back again. Mr. Belding said they would have to have a Special Town Meeting within thirpy days. He said there has been some consideration given to the idea that contractors will esti- mate lower costs in January. They are not bidding low now. The Chairman asked how the Committee expected to get the $100,000 and Mr. Belding replied that the Committee has not 108 considered where it should come from. The Chairman asked if the sunject had been discussed with the Appropriation Committee and Mr. Belding said that they did not discuss how the money could be raised. The Chairman said he was concerned with the parking facilities for such an expensive building. .. Mr. Belding said that has already been discussed . some what. He said he thought there was room for 37 or 40 cars in ,the final setup. The Chairman asked if he meant without additional land and Mr. Belding replied in the affirmative. He said they wanted to perk 70 or 80 cars but that would increase the cost. Mr. Hoyt explained that 29 cars was the original figure and there was no way of getting out. Mr. Maloney said that a lot of money is being put into this building and there should be parking fQr at - least 50 cars. It was agreed to have the Board of Selectmen con- tinue negotiations with Mr. Albert F. Douglass relative to the parking area. The Chairman asked if the article as now written up met with the Committee's approval, and Mr. Belding replied in the.affirmative stating that he thoughttit quite broad in scope. The Committee retired at 9:20 P. M. Letter was received from M. F. Shaughnessy, president Bf the Sun Valley Associates, Inc., requesting immediate consideration to -the installation of street lights on Street Winchester Drive. lights The Chairman reported that Mr. Gayer has discus- sed.this with the Boston Edison and the lights will be installed. Letter was received from Mrs. Virginia Coleman, re questioning removal of eight trees on the Highland Avenue aide of the Wild Acre Inn to provide for a Removal of parking area. trees The Chairman reported that Mrs. Coleman met him up there and the number of trees to be removed has been reduced to five. He said they aren't particularly good trees and are in the way of the proposed parking_; area. Upon motion of Mr..Maloney, seconded by Mr. Tucker, it was voted to post five trees for removal, said trees to be marked for Mr. Gayer by the Chairman. The Chairman read a letter from Alberico Sgrosso, 104 Reed Street, requesting removal of a tree so that 1 he can enlarge his driveway and hardtop it. Mr. Gayer reported that the tree: in question is a good elm but it will have to be removed if the driveway is widened. Befbre acting on the request the Board will view the area Petition was received from Roger G. Swenson, et.als requesting acceptance of Fairlawn Lane. The' Chairman explained that drainage easements will have to be obtained before the streetis ac- cepted, 'He said Mr. Gayer will have to check into this. 109 Tree removal Fairlawn Lane Letter was received from Chief Rycroft requesting appointmjent of Charles Parks, 10 Hawthorne Road, as a Special Police Officer. Mr. Parks was an auxiliary police officer with the Medford Police Department for ten years, has been a resident of Lexington for Special two years and is desirous of joining the police group police here. Mr. Tucker said he would like more information as to who the applicant is and why he wants to be appointed. The Board gave further consideration to Mr. Henry M. Sullivan's offer of *2325 for lots 35 and 36 crest Street, Lexington. A proposal to sell these lots was advertised in the October 18, 1956 issue df the Lexington Minute -man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted that the offer be accepted and Lots 35 abd 36 Hillcrest be sold and conveyed to Henry M. Sullivan. The Chairman read a letter from the Board of Fire Commissioners relative to a bill received by Private Govan for the use of the ambulance which transported him to the Symmes Arlington Hospital. The Commissioners felt that inasmuch as the incident occured at the fire station while Private Govan was on duty, there should be no charge made. Upon motion of Mr. Maloney, seconded by Mr James, it was voted to abate the ambulance bill in the amount of $10. Tax title Ambulance bill abated The Chairman read a letter from the Lexington Coal Company advising that Mrs. Edna R. Anderson, a Public Public Weigher, is no longer in the company's employ. Weigher The company requested appointment of Edward F. Skinner as a Public Weigher. Upon motion of Mr. Tucker, seconded by Mr. James, 110 Paper Drive Package Goods Stores close Nov.6 Wright Sewer Betterment Water Order Bids on air compressor it was voted to appoint Edward F. Skinner a Public Weigher in the Town of Lexington for a term expiring March 21, 1957. Application was received from Dr. John E. Murray, on behalf of the Archbishop Cushing Paper Driven for permission to conduct a paper drive in Lexington on Sunday, November 11, 1956 The Chairman called the Boardts attdhtion to the Liquor Control Act insofar as it relates to the sale and delivery of alcoholic beverages on State, Election Day, Tuesday, November 6th. "Package Goods" Stores may not remain open during the polling hours Unless they are authorized to do so by vote of the local licensing authorities. The Board voted unanimously- not to authorize the sale and delivery of alcoholic beverages during polling hours, November 6th, which will be from 7:00 A.M. until 8:00 P.M. The Chairman reported that Kendall Wright came in to see him relative to the sewer betterment assessment levied against Lot B,Adams Street. The Board instructed the Chairman to find out whether or not Mr. Wright would accept t betterment figured on a 150 foot frontage. He was agreeable to such an arrangement . Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to put through an abatement in the amount of *272.24 on Lot B, Adams Street; property in the name of Kendall & Penrose E. Wright. • Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to sign a water order for Adams Street from end of existing main a distance of 575' more or less to Mill Brook Road. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign the Warrant calling for a Special Town Meeting Monday, November 19, 1956 at 8:00 P.M. The Chairman reported that'bids for rotary airccom- pressor were received as follows: Morrissey Brothers Tractor Company $7,514.00 net 1% Pesco Equipment Corporation 7,500.00 net 1 Hedge & Mattheis Company 7,930.00 net The Chairman explained that the bid submitted by Morrissey Brothers included tool boxes at $350.. There is $7,155 in the Road Machinery Account. He said if Morrissey Brothers deduct the tool boxes they would be within 13 for the new compressor and a new truck. They called and said they would deduct the tool boxes and deliver for $7,155. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to accept the low bid submitted by Morrissey Brothers Tractor Company, at $7,155.net. Mr. Gayer reported that Mr. Baylis owns a parcel of land between Round Hill Road and Glen Road and wants to get water to it so he can build a new house. There is a section of main going down Round Hill Road and on Glen Road Extension there are two long services, He said, not wanting any more long services, he tried to figure out what could,be done to supply him with water. He said he would like to get a six inch main down there. He explained that if Mr. Baylis requests the water under betterments, the town would realize about $175 and then wait until the Spring Town Meeting. He said he thought of asking him to pay the amount he would have to pay for betterment and tell him that, the town would supply him with a six-inch pipe and he could install it. Mrs. Morey asked if it would go down Glen Road extension or between the lots. Mr. Gayer replied that it will not make too much difference which way it goes. Mr. Tucker said that it might be a very expensive installation. Mr. Gayer agreed to discuss the subject further with Mr. Baylis to find. out how he would feel about the above-mentioned proposition, The meeting adjourned at 10:35 P.M. A true record, Attest: '/) , ,,; Exemit ive�Clerk, Select*en. 111 Baylis request for water 112 Harrington School Lighting SELECTMEN'S MEETING October 25, 1956 A special meeting of the Board of Selectmen was held in the Selectmen's'Room, Town Office Building, on Thursday evening, October 25, 1956 at 8:00 P.M. Chairman Reed, Messrs. Maloney, Tucker -and -Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. John Carroll end Mr. John O'Connor of -the Engineering Depart-. ment, and the Excutive Clerk were also present. The meeting was held for the purpose of making and establishing layouts of three streets to be presented to the Annual Town Meeting in March, 1957 for acceptance by the Town. Notices of the intention of the Board to pass an Order for the - layouts were delivered by Constable to all property owners as they appear on the most recent tax list. The Chairman reported that he had talked to Mr. Wentworth, Boston Edison Company, and for 4,000 lumen lights with concrete poles it will cost $61.00 peas year for the light. Mr. Wentworth is of the opinion that they can't use overhead wiring because going in to the school from Maple Street the line would be straight but then it becomes a circle. This results in a pull on the pole in. etead :0f l aceupport. . He was going tie look':, into the subject further to make sure. The Chairman asked if the Board wanted the wires there if concrete poles are used. He explained .. that with overhead wiring there would be no costto the Town except $61.00 per year, no charge for in- stallation. He said that if the company is unable to put in overhead wiring, and the Board may not want it, they would go underground and. the Town would have to pay for the pipe and for digging the trench. The cost per light would be $74.131 per year, plus the -initial cost. Mrs. Morey asked why the cost increased if the wires were..underground and Mr. Gayer explained that a different type of light is involved. The Chairman reported that he talked to Mr. Tropeano, Chairman of the Harrington School Build- ing Committee, and he is in favor of the under- ground installation he would advise him. At the tanne 1 same time Mr. Wentworth will tell what he can do. The Chairman explained that this lighting is the same power' as that in the parking area. He said that the lights at the High School can only be built up to 2500 lumen of the type of post. Mrs. Morey asked if 2500 Lumen could be used on this type of post, and the Chairman replied that Mr.Wentworth recommends 4,000. Some schools have 6,000 and others 10,000. Mr. Tucker asked how many lights were in- volved and the Chairman replied seven. Mr. Maloney said he thought $70 per year is very inexpensive lighting. Mrs. Morey. asked at what hour the lights are turned off and Mr. Gayer replied that he did not know, they are on a clock. Mrs. Morey said that the Harrington School needs light for protection but it might not be used more than two nights a week for parking and her question is how much lighting is needed there. The Chairman reported that.. the Committee has $89,000 left in the Harrington School Fund. The Chairman asked if the Board wanted an es- timate on the underground installation. Mr. Tucker said definitely,. and Mr. Maloney said he would not be in favor of the overhead. Mr. Gayer was instructed ti request Mr. Went- worth to figure on the underground installation. Hearing was declared open upon the intention of the Board to lay out Ivan Street from Eldred Street northwesterly approximately 380 feet. No one appeared in favor or in opposition. At 815 P.M. hearing was declared open upon the intention of the Board to relocate Allen Street from Waltham Street southeasterly 1620 feet more or less to a point in Allen Street which is 120 iteet Allen Street more or less southwesterly of Clematis Road, hearing Mr. Henning W. Swenson and Mr. Alan G, Adams were present at the hearing. The Chairman stated that the abutters have been duly notified and the proposed way is shown. on a plan entitled "Plan of Alien Street Relocation in Lexington, Mass, Seale 1" = 401 Oct. 1, 1956 Whitman & Howard, Engineers 89 Broad St..Boston,-Mass." The Chairman stated that there would be no betterments involved, this being a relocation of the street. 113 Ivan Street hearing 114 He asked. if Mr. Swenson had gone over the plan and Mr. Swenson replied in the affirmative. The Chairman explained that the relocation of this street has come about by the request of the Board of Selectmen and the Planning Board. He said at one time Mr. Swenson spoke to him about widening the road. These three factors have brought the Board of Selectmen to propose the relocation of Allen . Street. He stated that this proposed relocation was included in the warrant for the March Town Meeting last year and the Selectmen thought it was all set with a 40' way. However the Planning Board insisted that it become a 50' way so it aaas withdrawn. An- other surtey has been made on a 50' basis. He said that perhaps Mr. Adams, of the Planning Board, could give the Board's viewpoint. Mr. Adams said that he was not attending the hearing representing the Planning Board. The feeling was that this will open Up a large area of undeveloped land and there Undoubtedly will be subdivisions along it. It could become a major artery and the. Planning Board feels that major artery roads should have at least 50' taking even though only a 24' pavement is constructed. lie said that Wee the reason as he recalled it. The Chairman explained that in relocating the street, the Board is going to install a water main because there is no water in Allen Street and the Board feels it should be installed before a complete new street is constructed. The Chairman asked if Mr. Sewnson had any questions he would like. to ask. Mr. Swenson replied in the negative and said it was up to the Board of Selectmen. The Chairman explained that the Board has gone over this and is of the opinion that it should be done this way. He said the Board would prefer to make the 50' taking now than to come in later and take 10' more. He asked if the Engineer explained to Mr. Swenson about the slope easement. Mr. Gayer replied that he had gone over it, but Mr. Swenson said nothing was disoussed about the fill. Mr. ayer, by use of the plan, explained that there will have to be fill to make a consistent grade of the street. The Mope will go beyond the .50' line. In.caee it does, they have proposed a 30' slope easement which means that he feels when he gets to the job the fill will probably go beyond this solid line here. 1 115 Mr. Swenson said he could see that and it is all right. The Chairman asked if the members of the Board had any questions, and there were none. The Chairman explained that the water gill be installed•under the betterment, without interest, for a period of three years until the land is built upon, sold or the facilities used, Mr. Swenson said that was all right. The Chairman said that the Board feels the water should be installed-before.the street is constructed, and Mr. Swenson said that would be the proper time to so it. The Chairman asked if there were anyone: in favor of or in opposition, and Mr. Swenson replied that he was in favor of the proposed relocation. The Chairman declared the hearing closed at 6:25•P.M., and Mr. Swenson retired. Hearing was declared open upon the intention of the Board to lay out a Proposed Street from Depot Square northwesterly 152' more or less to Meriam Street. Mr. George E. Smith, George Scott and his Proposed attorney, John F. MacNeil and Alfred Tropeano Street were present at the hearing. hearing The Chairman stated that the abutters noti- fied were John F, MacNeil et al, George Smith and teonge Scott. He said he had the plan before him and he would open. the meeting for discussion by any of the abutters who wished to ask any questions. He explained that the hearing is a matter of formality which has to be followed before presentation at the Town Meeting. Sometimes theree questions, and sometines there are not. He explained that the Board intends to install sewer and water in the street because it feels it is necessary and would rather make the installation now than to have to dig the street up later on. He explained that there will be a 1' sidewalk with curbing on the easterly side and a 13' pavement. Mr. Smith asked if an opening would be left for his tenant and the Chairman replied in the affirmative. He said the Board has not definitelly decided, but he thought it would, to blacktop the property owned by the Town on the fire station site so it can be used 116 for parking. The Chairman asked if there were any questirn3, and Mr. Tropeano replied that he has a problem he would like to discuss with the Board later on. The Chairman asked if Mr. Smith had any questions, and he replied in the negative. The Chairman said he would discuss the land taking with each one individually sone time next week. He reported that he has already talked with Mr. Smith, and would now like to talk with Mr. MacNeil and Mr. Scott. Mrs. Morey asked about the total number of feet involved and the Chairman gave the following of information: 1,411 square feet of the Smith property, 711 square feet of the Scott property, 58 square feet of the MacNeil property and the Town has 106 square feet. No one wishing to ask any further questions, the hearing was declared closed at 8:45 P.M. A true record, Attest: -Executive%`lerkSelect s 1 117 SELECTMEN'S MEETING October 29, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 29, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Letter was received from the Commissioner of Public Works, Carl A.Sheridan, advising ,that pursuant to the provisions of Section 5A of Chapter 718 of $52,651.29 the Acts of 1956 the sum of $52,651.29 has been to Town from made available by the General Court for the Town State of Lexington from the proceeds of a loan to be is sued by the Commonwealth. This amount is to be set up in a seperate ac-+ count and may be appropriated by the Town for highway projects which have the prior approval of the D.P.W. and for which the Town would be authorized tc bor- row money for a period of ten years. The money may be used for local projects or the Town's share -of Chapter 90 construction projects. In order that the Governor may be able to determine the amount of money which should be borrowed, information is needed at once as to the estimated cost of highway projects, including Chapter 90 construction, which the Town is ready to undertake. Mr. Stevens reported that he had tried to find out how the money is divided between the cities and towns but without success. If the money is to be used for Chapter 90, there is .the problem of how much the County and State will contribute. He - said that the money, however, does not have .to be used for Chapter 90. Mr. Gayer suggested using the money for Concord Avenue, but the Chairman was in favor of having the State take care of it. Bill was received from the Boston & Maine Rail- road in the amount of $9,894..13 to cover expenses incurred in connection with the installation of Automatic Flashing Light Signals at Fottler Avenue, Over the tracks of the Lexington.Branch at East Lexington. Bill for Mr. Stevens recalled that he had discussed signals at the problem as to whether or not it would be better Fottler Ave. to try to get the railroad to pay one-half and the 118 Claim Town pay one-half and both share in the maintenance cost. It was felt by the Board that it would be bet- ter to pay for it and then all the expense for main- tenance would be on the railroad. On that basis the D.P.U. approved the grade crossing. He said he did not know what happened then. The Chairman asked if there were funds in the budget and Mr. Stevens replied that apparently not. He reported that the estimate was *8,000 and some- thing. He said Mr. Gayer pointed out to him that the railroad may have included the cost of putting in the blacktop, but the order.»said that the railroad would do that. He explained that this project wag. discussed and completed before Mr. Gayer became Superintendent. He said the Town assumed the oblig- ation, but apparently no provision was made for it in any budget. He amid that the money would have had to come from the 1955 or from some other budget In which this amount would have been included. Now it will have to be taken care.of at the next Town Meeting When -A Warrant is drawn The Chairman said that in the meantime some- thing should"be dome about the amount included for biacktopping.. Mr. Gayer agreed to check on the blacktop item. Mr. Steitens suggested that Mr. Gayer obtain the actual amount of the hill. The Chairman read a letter from Franklin B. Fogeleon, 375 Moody Street, Waltham, attorney .411eMr. & Mrs. Harvey J. Lander of Wakwfield. The Letter reported that on October Bth, as a result of the negligence of the town in maintaining an unrinished and protruding water pipe in the drive- way of 10 Esterbrook Road, damage was caused to t1 Lander car in the amort of $53.75. Mr. Gayer stated that if there were anything protruding, it is up to the developer, The Town made the tap on the mains and installed the curb cocks. The sleeve, which fits on these, is adjustable and was laid on the side on all of those in that area. Mr. Stevens asked If the pipes had been con- veyed to the Town and Mr. Gayer replied that theg. Will be as soon as the water is turned on. Mr. Gayer explained that this aetually is not a subdivision. The Chairman stated that the builder put the water main in himself. Mr. Gayer said the contractor dug his own trench and backfilled. Mr. Stevens asked if the Town did any work on the day after the accident and Mr. Gayer replied in the negative. He said it must have been the con- tractor. Mr. Stevens said he would check further and dis- cuss the subject with Mr. Gayer. 1 119 The -Chairman read a letter from the Board of Health in reference to a cesspool nuisance on the property of Mrs. Robert C. Jackson, 62 Colony Road. The Board of Health feels that paramount to any other consideration, it should be corrected at Sewer connect - once by connecting with the sewer in front of the ion 62 Colony house. Road The Chairman explained that the sewer went t3* some time ago, but they were unable to connect and no betterments were levied at the time. Now they have to pay for the service into the house and they must pay a connection charge which is due immediately in lieu of betterment. He said the Board feels they should be able to pay for it over a period of time the same as anyone - else. Mr. Stevens asked if the sewer actually went by the house, but was not connected and Mr. Gayer 'replied in the affirmative. He explained that it could not be connected at the time. The M.D.C. sewer had not gone through then. Mr. Stevens explained that when the M.D.C. sewer went in, it was the point at which better- ments should have been assessed. Mr. ayer said that there are four houses that can connect without running a main up the street. Mr. Stevens said that he would draw an Order bu4sactually it will not fit the situation. Nothing/going to be signed by the abutters. He Said if they consent to sign for the amount of the better- ment, the Town would not be any worse off, and sug- gested that they sign they will consent to the as- sessment of betterments for the sewer on Colony Road -which has now become available to their property. He said Mr. Gayer could tell them that the Order has not been drafted yet. Mr. Ernest Cutter, 127 Follen Road, met with the Board. He said about October 8th he received a request to sign for a sewer to be extended from Follen a point in front of his lot up Follen Road. He Road said he thought he had paid for a sewer up there sewer ext. and asked how this developed. The Chairman explained that last year when the Board was discussing sewer budgets there were two places on Follen Road, one of which was considered very bad by the Board of Health where the sewage was runnigg down the street. He stated that this was presented to the Board by the Superintendent of Public Works, at the time, Mr. Burns. Another bad condition was.at the corner of Pinewood Road where Allcock 120 used to live where there was a septic tank, a number of cesspools and.a swimming pool in the area. At that time he thought it could be sewered from Pinewood Road. However, there was another alternative if i�hgould not be, and he had enough money in/f gure.:for sewers to pay for an extension going up F;b11en Road . past Mr. Cutter's property to the corner of Pinewood Road and Pollen Road, He said that the amount appropriated was $7500. If it eaiie in from Pinewood Road, the cost would not be any where near that figure. Whitman'& Howard made a sur- vye and it wap determined that the sewer would have to go up Follen Road at a cost of $7500. Mr. Cutter asked when the application was made and the Chairman replied that there was no application. Thisfextension was instigated by the Board of Selectmen and the Supertendenent of Public Warks. He said that the Board of Se]s- ectmen can put in sewers any time it deems it neces- sary. He explained that when the Assistant Super- intendent of Public Works had the sewer Order he - could not find a signed petition, the reason being that it was never filed. The Board& was gibing to make the extension without a petition. Mr. Cutter asked if it weren't necessary to obtain signatures of people who were going to be, assessed. The, Chairman explained that the Board usually does not consider sewer installatthor unless at least 659 of the abutters signh but in the Daae of health or any other condidtion, the Board has the authority to extend the sewer without obtaining signatures and that is the case here. Mr. Cutter said he built in 1929 and was advised that, due to the consition of the soil, he should have the Town connect the sewer, At that time, it was at the junction of Smith Avenue and Follen Road. He said pe was about 100 feet from the corner and asked the Town to extend t1E sewer but he refused, the reason being that the cost was too much to service one person. He moved in. in August and by November his sewage was running over. Winter SWin and he had frail three to four inches of ice from the sewer in his backyard. When Spring came he asked the Town bo extend the sewer ans was refused. He then put in leaching lines. 'That took care of him for a good many years. In 1938 or 1939 a neighbor u the street decided, under similar circumstances, they wanted the sewer. The steam shovel arrived one day and sat on his lot. Be said he went to the Selectmen at that time anda asked about it. He had gone to the expense of putting in a secondary sewer and this party had not. It was brought before Town Meeting 1 12 and he did not know if it were defeated or with - `drawn. He said the neighbor put in leaching lines as he did and the present owner is not bothered to this day. He said the Alloocks, previous owners ;¢o Massimilla, had no trouble. He said that in 19)9 Dr. Schlicte was having trouble and asked if he would join with him to have the sewer brougFt :.up'to the fhont..of'bhe'lot,,' Mr. Cutter told him that`.,': not need it, but could see his problem and agreed. He said they were the only ones affected at the time. He said that the Town started con- struction and about half way through he saw the acount of excavation and thought he had better connectthen while they were digging. He asked if the Town wanted to connect his house and was told it did. He said it cost him about $600 or $700 be- tween the assessment and his plumbing. He s&&d he had to reverse his plumbing and the sewer was extended twenty feet up onto his other lot. His frontage is seventy-five and the next lot is one hundred feet. He said when he received the assessment he did not ask for one or two lots. He aseUmed then, because he was told there would never be another sewer on Follen Road, that his problems were ended. He said as each year went by it cost him money and now it -.is costing him more. He asked if the Massimilla swim- ming pool emptied into the cesspool. The Chairman replied that he did not know, e explained that the Board, at the time, went on the reeonmendation of the Superintendent of Public "Works. Mr. Cutter said John O'Connor told him that it was a health problem and the Board of Health ordered it. The Chairman said that the Board did have a let- ter from the Board of Health on the MacIver property but he could find no letter on the Massimilla pro- perty. Mr. Cutter said that they contribute to their own problem and are Casking;.hti o jein in. He said he has to put in a lawn every two or three years be - .cause he can't water during the summer, but they can have a swimming pool. ' The Chairman said the Boards in the couple of years have not been reluctant in constructing sewers. Mr. Cutter presented a sketch showing his house, his vacant lot and other properties. He said as he understands it, it is a personal problem. with Mr. Massimilla. The Chairman said he did not think it was a 122 personal problem as the sewer would have come out on the top of the ground. He asked where the personal angle came into this as far as the Board is concerned. Mr. Cutter said if the Board connects them, they'have`:to change their plumbing and the Chair man said that the Board has never considered a ;person's plumbing in the' house. Mr. Cutter said he understood a deposit was taken from this women to connect'and the Chairman said that he knew nothing about a deposit. The Chairman explained that there is a notation in his budget book that if it were not possible to connect from Pinewood, the extension was to go up Pollen Road. He explained the notation was writ- ten a year ago. ' Mr. Gayer explained that Whitman & Howard re- ported they could not extend that sewer because it would come out on the road. They have also reportbd that it is not possible to connect the Massimilla house t� that line. Mr."Cutter said they did not tell why. The Chairman said that anyone who wants to connect should have their deposit in as soon as possible because no connection is made until the deposit is made so the sooner the honey is in, the sooner the sewer will be connected when it is avail- able. Mr. Cutter asked when the contract was award- ed, and the Chairman replied a month or more ago. Mr. Cutter asked why, on October 8th, anyone was asked to sign a petition. The Chairman explained that John Carroll was straightening out the records and was not familiar with this. He could not find a petition for Pollen Road, as there was none, but he felt there should be. Mr. Cutter asked if he should not have been notified and the Chairman replied that not if a health condition mists. The Chairman explained that Mr. Cutter was.ndt assessed fof the extra lot and now he is being as- sessed for the lot and he can'have it deferred. Mr. Cutter said that he does not want to be on a pauperts list. The Chairman explained that if the land is net being used, he has a right to take advantage of the deferment the same as anyone else. Mr. Cutter said he thought the Town should have assessed him in 19i9. The Chairman slid he did not disagree but this Boar4d,as not here in 1949. 1.6 tri 1 123 Mr. Cutter said he should not get this assess- ment because he should have been assessed in 1949. The Chairman said that the sewer did not pass his lot. The Chairman asked what he paid fora better- ment, and Mr. Cutter replied $171.75. The Chairman said that is a low assessment and he was not assessed for 175. He said Mr. Cutter must have signed an estimate at that time. Mr. Cutter said he did and had this been dis- cussed there may have been some way of getting around this. The Chairman said if .there were a request by' the people on the street, there would have been a petition. This was put in by the order of the Board of Selectmen and no petition was circulated. Mr. Cutter said this isart of some $200,000 and the Chairman said it was $103,000. Mr. Cutter said the contract is over $200,000 which camera this and other projects. The Chairman said that might be true. Mr. Cutter asked if the Town pays 50% and the Chairman replied in the affirmative. Mr. Cutter asked if it were the Town's policy to encourage sewer assessments if the people don't want it, and the Chairman replied not unless there is a health condition. He said that when the sewer is installed in the Minute -Man Golf area, the peo- ,ple will not be asked to sign petitions. ` Mr. Cutter said he objects to this. If the Town did not assess him"properly in 1949, it can't assess him now. He said if the Town wanted to, it could consider him out and re -assess him what it should have been back in 1949. The Chairman explained that the Board cannot assess unless the land has been benefited. Mr. Cutter said he was bettered then. The Chairman said that the Board has not been shown. If it is shown that he were benefited at that time, the Board will do something about it. He explained if.the land were bettered at that time, the Board has not right to assess him now. He said that the Board will still have to extend the sewer up Pollen Road some time and is not going to wait for people to ask fol, it. He said there. is no Benne in leaving a small gap and then in three or four years have someone come in with a bad situation. The Chairman said the Board would check further an'd Mr. Cutter retired at 8:30 P.M. Mr. James said that Mr. Cutter wants the Board 124 Diane Estates Bond Minute Man Highlands Asstn to assess him for the betterment in 1949 on that lot. Mr. Friel, Diane Estates, and his attorney; Mr. Tropeano, met with the Board. Mr. Tropeano explained that Mr. Friel had arranged this meeting about a bond of $2500 put up for finishing -a small section of Liberty Avenue. He said that Mr.'Friel came down and told the engineer it was going in, He did not inspect it. He said at one time Mr. Carroll, the engineer said it was all right. Mr. Tropeano said it looked all right to him and Mr. Maloney told him it looked all right to him, and that is where it stands, The Town Engineer wontt approve it and won't give any reasons." The Chairman said he would see if there were any data on it and left the meeting. He returned with Mr. Gayer and Mr.'Stevens. The Chairman explained that Mr. Friel wantS a bond released but is unable to get it because the Town Engineer'will not accept the street as con- structed. Mr. Stevens explained that the Board of Selectmen has nothing to do about it and it is strictly a Planning Board matter. The group retired at 8:45 P.M. Mr. W. S. Couette, Mr. William V. Binder, M. and Mrs. Saffiro, representing Minute Man Highlands Association, met with the Board. Mr. Binder said, knowing that the warrant is shortly t� be proposed, he has a few subjects the Association would like to see if it is pos- sible to have anything done about. One of them is a major factor, traffic control on Concord Avenue. He said this has probably been brought up a dumber of times. There is a definite need for signs particularly with school buses in the morning and afternoons and possibly a stop light. • Another -subject is the lighting. He said he - realizes the lots are relatively wide on the street frontage, but particularly with conditions in the past two or three months it shows there should be a wider coverage of street .sights. He said they would also like to have trees planted on Webster Avenue, Chadbourne Road,-Hhtch- inson Road and Stearns Road. Mrs. Morey asked if he meant to have all the streets considered and he replied in the affirmative. Mr. Binder said they noticed that the police cars 1 125. have been going.through the area in the past two or three weeks, but he did not know if it is a standard procedure or not. Another project is the town spraying for, Japanese beetles. One other project which has concerned this par- ticular group is the odors from the pig farm located on the Waltham-Lexington:line off Walnut Street. He said he does not know what procedure is necessary to get something done about it. Mr. Couette said the matter of vandalism and actual outright break tgTand entering is what he wanted to comment on. He said there have been a. number of breaks in this section and the lack of street lighting in proportion to the area covered encourages that sort of thing. He said that last Friday someone drove up in the middle of the night and threw a pumpkin against a large thermopane window. That did not smash it so they threw a bzick through with damage of $200 to replace the window. He said there was another family on Concord Avenue who went through.the same experience but that shouse was occupied. He said the neighbors feel that good lights will discourage a lot of this sort of thing espOdaly if the lights are on all night. Mr. Couette said that hot rodders are driving over the lawns, and the other night they ran into Mr. Brower's stonewall. He said there has been a lot of hot rod racing in this section. Mr. Couette said that they have a problem with Japanese beetles and if the Town can help, it would be appreciated. He said, with reference to shade trees, it is an open front of territory and the town saw to it that the lots were laid out in fairly good size and the group thinks it would lend to the beautification of the area and to the advantage of the town as well as the community. He said they know everything can't come at once, but the thought was at this time that ap- proiations are being scheduled and articles going in the warrant, especially with. the street lighting, the Board should be acquainted with what the As- sociation would like to suggest and if anything can be done, they would like to get them in the warrant. Mr. Tucker asied if he had a list of thellocab tions where they wanted street lights, and Mr. Binder said he tho4.ght a survey should be made, particularly along Webster Avenue.and Concord Avenue. Mr. Couette said it might be well to study 126 them from the standpoint of luminosity. The type d' fixture now being used may not be as good as what could be realized from some better type of lighting standard. Mr. James asked if he felt the lighting is any poorer there than in any other sections, sa3 in the Manor. Mr. Couette said the poles are a little closer in the Manor. Mr. James said that the poles are, but the lights aren't. Mr. Couette said his section has a greater areae. of seperation and does Hata a different problem than that in the Manor. He said with increased lot sizes, the lighting situation becomes more of a problem. Mr. James said he did not think the situation there by square foot is much different than it is any where else in town. He said perhaps what Mr. Couette was talking about is better lighting for the entire town. Mr. Binder said the whole problem is better lighting, less vandalism and sPeeding. The Chairman said that, as far as the traffic control is concerned, the Board is requesting of the November Town Meeting, as appropriation for the purchase of radar machine which will permit speed zoffiing the entire town. He said it would be very expensive to place "Children" signs at all bus stops in the Town, and•the money appropriated this year is depleted. He asked how many stops there are and Mrar. Zaffiro replied there are five. The Chairman said that the Selfetmen may con- siderd his a necessity but is it up to the Approp riation Committee to approve a transfer. He said there are no funds available for signs and there have been so many requests it appears that the size of the budget shoun be increased. The Chairman explained that the radar will enable the Selectmen to poet the speed for particular streets in town and then enforce it. At the present time Marrett Road is'nlye location where speed may be enforced. The Concord Court will not recognize an Officer standing on the side of a road saying that a car was going thirty or thirty-five miles an hour. The only way the Court will take is is fromtthe Officer's ear and clocked. The Court will, however, accept radar if the street is zoned. This is being requested at a. cost of $900. The Chairman reported that a figure has been prepared for all night lighting which will be requested. 1 127 He explained that when street lighting was requested by the developer or the people, the Boston Edison set it up so the Board assumed it was sufficient for the area. He said that the Board of Selectmen does not initiate street lighting; it comes from the individual and the Boston Edison heyarplaces the poles where their engineers think they- are e heeessary. The Chairman said this is the time to re.. quest trees before the budgets -are planned because that is a limited budget. He explained the the Shade Tree budget is usually cut every year, Mrs. -Morey pointed out that the size of the tree planted by the Town is not what the people think it is and may be something they don't want in their front yard. The Chairman referred to the Japanese beetle and explained that is a new request. He said he noticed the Town of Arlington took care of it last year but he did net know if a charge was made for going onto private property). He also pointed out thatthe department is very limited for personnel, but it will be discussed. The Chairman referred to the piggery and said that actually the Selectmen have very little to de with it, and it is under the jurisdiction of the Board of Health. He explained that the farm was there a long time before the houses were built and the peeple must have known it was there. He said it -has been in operation for forty years. Mr. Binder asked what they could do and the Chairman said it seemed to him that it would be better to have one or two from the Association .talk to the - owners. Mr. Binder said he understood it was cleaned up some time ago, The Chairman said they may have become a lit- tle negligent and if it were he,• before he went to the authorities, he would talk to the owners. The Chairman said he.thought the Board could help solve some of the questions in the coming bud- gets. He explained that the street lighting maim looked over, but it would have to come in next year. Mrs. Zaffiro asked who should be approached about a.playground area, and the Chairman referred her to the Planning Board and Recreation Committee. He explained that the Planning•Board would initiate the playground_.area. The group retired at 9:25 P.M. and Mr. Gayer returned to the meeting. 128 Drainage Street Betterment deferred Tree Removal Traffic control Follen Hill area Copy of a letter from John E. Ward, 15 Robin- son Road, to Mr. Gayer relative to a drainage pro- blem was received. Mr. Ward objects to the design of the new drainage system on, Turning Mill Road. The Chairman said as far as he is concerned, this appears to be a Planning Board problem,. Mr. Gayer explained that he has contacted Techbuiltaand told one of the engineers he would go over the matter with him. He said if the infor- mation contained in Mr. Ward's letter is correct, he felt•Techbuili is, obligated to do something very soon and he would follow it through. The Chairman read a letter from Win. S. Cou®tte, signed by James E. Day, on behalf of Fred,F. & Esther M. Robicheau belative to their house lot on Crosby Road against which a street betterment assessment has been levied in the amount of $1140. The Chairman reported When the land was pur- chased -the new owners did not find at the Registry of Deeds that there was a'betterment. He said the: actual betterment is *808.64, The Chairman read a letter from the Board of Health to Mr. Robicheau stating the #3 Crosby Road is not suited for disposal -of sewage via septic tank, cesspool or other device due to the high ground water table and a very impervious soil condition. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted, under the provisions of Chapter 159 of the Acts og 1950, to extend the time for pagw. ment of street betterment assessment on Lot l*B in the amount of $808.64, 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. Mr. Alberico Sgrosso's request to have a tree removed from in from of his driveway at 104 Reed Street was held over. The. Chairman reported tha# the driveway is nar- row and the tree,:an elm is not in too bad condition. He reported also that Mrs. Sgrosso advised him they would plant another tree preferably a Maple. The other members of the Board would like -Co look at the tree before making a decision. The Chairman read a letter fIbom Walter A. Arnold, Chairman of the Follen Hill Estates Association, Ina, asking co-operation on the following items. 1 1. That the street light on Marrett opposite Follen Road be made brighter if possible. 2. That a control button for cros- sing the street be installed on the flashing traffic light at the East Lexington Fire Department. 3. "Slow Children" signs be painted on the Surfeits. of Pollen Road ld® feet in_:'from..Marr..ett Road; Follen Road at Lexington Avenue; Buckman Drive at Locust Street; junction of Buckman Drive at Locust Street; Lantern Lane halfway from Dawes Road toward Philip Road. The Chairman read a letter from Robert C. John- son, president of Patriots Forest Civic Association, listing the following requests: 1. Increase traffic control such -as Stop sign:at junction of Wood Street and Mass. Avenue; 2. Maximum reasonable speed limit on Wood Street. 3. Posting speed signs. Posting "No Passing", "Thickly Settled", "State Law Stop When School Bus Steps". 5. Post "Dead End Street!"sign at entrance to Patterson Road. 6. Erect a sign indicating access dirextion to Route 128. 7. Assign a police officer on Wood Street during morning and evening traffic peaks. The Chairman suggested referring the com- munication to the Traffic Study Committee to con- sider as part of its overall study of signs. Mr. James suggested that the communication be answered by the plan that Lieutenant Corr sub- mitted to the Board. The Chairman explained that a Stop sign, at Wood Street would require a traffic study, a map and traffic count before the State would act on approving or disapproving it and it would have to become an amendment to the Traffie Rules and Order of the Town. ZI . The Chairman read a letter from Mildred B. Gale, Secretary of the Lexington Teachers' As- sociation, requesting the Board's support re- garding bontributory group insurance for Town 12 Traffic control Wood St. area Group insurance 134 Sand spreader Mowing machine Employees as outlined in Chap, 760, Sec. 32B of the Acts and Resolves, 1955. Before making any commitment, the Board would like to know what results the Association has ob- tained from all groups of Town employees in trying to determine how many would be interested. Mr. Gayer reported that on a power sand spreader and quotations: Dyer Sales & Machinery Co. Sandberg Equipment Co.- Perkins -Milton Co. Inc. E. J. Bleiler Equipment Co. he had requested bids received the following Flink Model $1700 Baughman Model Highway Model E Good Road 1510 1466 1911 Mr. Gayer explained that the Baughman spreader is the type he now has. The next low bidder is Bleiler"s unit tnd is equipped with an electric starter and the sander is controlled from inside the cab. He said he would recommend purchasing the Good Road Spreader. Mr. James asked how the Baughman Model is operated and Mr. Gayer replied that the. operator has to get out and crank it and has to get out to reach the controls to start and stop.it. Mr, Gayer said he asked why the price was so reduced and was told that they wanted to get in. to the Town Of Lexington. Mrs. Morey asked if the unit had a hand starter in the event the electric starter did not work and Mr. Gayer replied that he presumed that it did, Upon motion of Mr. James, seconded.by'Mr. Tucker, it was voted to purchase a Good Road sand spreader from E. J. Bleiler Equipment Co. at its quotation of $1510. Mr. Gayer said that the Park Department has a tractor with 8 -mower which is badely`inneed of repairs. For about $3100 or $3200 he can get a new one and there is money in the budget. The balance as of October 15th is $11,523.57. The estimate for labor for the balance of the year is $6,295 leaving a balance of $5,228.38. He asked if the Board would be interested in using this money for the purchase of a new mower. Mr. James asked how there happened, to be such a balance and Mr. Gayer explained that in the Spring he held the men down alot on overtime work on Saturdays. Mr. James said if he needed the new piece of equipment he could see no objection. Mr. Tucker asked about how old the present piece of equipment is and Mr. Gayer replied that he did not know, but before he came here a new block was put in. Mr. James asked if the snow plow tractor could 1 131 use this type of equipment and Mr. Gayer replied in the negative. Mrs. Morey asked if there were any advantages in buying the machine now rather then in the Spring, and Mr. Gayer replied that he now has the money. The Board authorized Mr. Gayer to advertise for bids. The Chairman reported that Mr. Gayer can't Bertwell get to Bertwell Road until next Spring and asked Road if the Board thought the people should be invited to attend a meeting to discuss the subject. Mrs. Morey said she thought they should be. Mr. James sugBested a letter advising that due to the lateness of the season, and the fact that grass needs to be sown to hold the banking, the work will not be done but that the Board has every intention of correcting the situation. Mr. Tucker said the Board should advise them of its plans. Mr. ,Gayer retired at 10:25 P.M. The _.Chairmen .res.d a letter from the Board of Health advising that Mr. John Esserian and Mr. George L. Barnes have submitted to that Board a proposed site for a hospital. Hospital It was agreed to make an appointment for Site these gentlemen to meet with the Board and also to invite the Board of Health and Planning Board to be present. Upon motion duly made, and seconded, it was voted to sign a Certificate of Incorporation on Cert. of behalf of Alfred Viano, 43 Gleason Road. The Inc. corporation is to be under the name of_Greater Boston Automobile; Dealers Association, Inc. At 10:35 P.M. the Planning Board met with the Selectmen. . Mr. -Hathaway presentedQa proposed layout of a building Mr. MacNeil wants to build and for which he is going to the Board of Appeals. He said that Mr. MacNeil wants to go back to the Proposed original plan fronting on Depot Square and he told Street the Planning Board that the Selectmen were going to have the Depot Square property re -zoned. Mr. Hathaway said that this proposal involves sev- eral violations. It is represented as having a canopy over the front but they are not sure of that, He said he believed the plan approved 132 by the Board of Appeals calls for a five-foot set- back and this shows three feet. They have changed the building around the state, amoung other things, that if this gets too complicated, they can go for- ward on the Board of Appeals permit granted at the last hearing. The ''hairman said that the only matter dis- cussed at the recent street hearing was that they were going flush on the line at the railroad track., and told about turning the building around. He said he could not recall at any time discussion relative to re -zoning the depot. Mr. Hathaway said that the Town would begain- ing nothing by paving the fifteen foot strip. -Mr. MacNeil said that the Selectmen had not given any indication as to when this might be widened to a thirty-foot width. The Chairman said that was correct. Mr. Hathaway said that the Planning Board -is disturbed about many aspects of this -aid it is more complicated now than it ever was before. • The Chairman explained that Mr. MacNeil has an easement to go through Mr. Smith's property for sewer and drainage. They have a five foot easement in the back of Smith's property but it goes under- neath the building. Mr. Adams said the original agreement was for a ten -foot yard back of the railroad track and that has been eliminated entirely. The Chairman said he asked Mr. Scout if he has any thoughts of doing anything with the building where Barrett's press is, but he did not answer. Hee said he mentioned that the Board would like about ten feet and Mr. Scotts attorney said it was a good idea to widen the road. He said he is to see Scott this w k to find out if the Town can acquire the land/e*iinent domain at a price or for nothing. He said MacNeil is holding up to find out the results of the Board of Appeals. If he is granted a permit, he will not give the land. Mr. Hahhaway said that the Planning Board is involved at the moment and disturbed. The Chairman said that the Board did not go into any details the other ndght because it was a hearing on the street and there were other people present. He said that the Selectmen have no knowledge of further developments. The Chairman asked if Mr. MacNeil• would go along if the street is thirty feet wide and Mr. Hathaway replied that Mr. Tropeano told the Plana ning Board that they would not go to the Board of 1 Appeals again if the street were thirty feet wide. The Chairman said he did not remember agre- eing to any width. He explained that the Board had a street forty feet wide but the cost of damage would be too great. The construction of the road is a small amount. He said he told Mr. Tropeano he would talk to him. Mr. Hathaway said that the planning Board has reached no decision as to what action it take if Mr. MacNeil goes before the Board of Appeals. The Chairman,said he would let the Planning Board know the first of the week what he finds out from Mr. Scott. The Planning Board retired at 10:50 P.M. Application was received from Francis Napoli, d.b.a. Hancock Market, 6 North Hancock Street for a Common Victualler and a Sunday . License, Upon motion duly made and seconded, it was -voted to grant both licenses, subject to approval of Mr. Lurvey, Executive Health Officer. The Chairman reported that Mr. Moore, Chair- man of a Plymouth Committee to study town govern- ment, would like to have the Board as guests for dinner some evening to discuss various phase$ of town government. The Meeting adjourned at 11:05 p.m. A true record, Attest: , -Eke ditive. ecrere aryarq • 133 Licenses 134 Jurors Claim Claim Claim.: SELECTMEN'S MEETING November 5, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 5, 1956. at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, and Tucker were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mrs. Morey arrived at 8:15 P.M. Mr. James J. L'arroll, Town Clerk, met with the Board for the drawing of two jurors. William F. Caddy, 52 Paul Revere Road and Mr. William A. Morrill, III, 352 Marrett Road, were drawn for jury duty. Mr. Carroll retired. Mr. Stevens reported that the only claim still outstanding arising put of accidents that occured during snow plowing operations last March is one of Thomas J. Porter, Jr., 32 Cliffe Avenue. One of the town trucks struck his parked car and knocked offaa rear-view mirror. He said that he has obtained a general release from Mr. Porter in the amount of $7.50 and requested that a check for this amount be made out to Mr. Porter and sent to him so that the matter may be closed. Mr. Stevens presented a letter from the Director of Accounts approving payment of two judgments rendered against the town in favor of Workingmen's Cooperative Bank in the amount of $9,113.20 and in favor of Herman B. MacKay and Margaret R. MacKay in the amount of $23,829.06, plus costs of $64.85. The Clerk was instructed to submit a copy of the letter to the Town Accountant. Letter was received from Mr. Stevens re claim against Veronica Belk®, Mr. Ga ,iformed him that on September 7, 1956 a town/d » ted by his department was struck while on Bedford Street at the intersection of Hill Street, by a vehicle owned by Veronica Belke. Damage to the town 1 truck has been repaired by Frederick R. Childs at the cost of $75. Mr. Stevens made claim to recover damage, and the company insuring Veronica Belko has agreed to pay $75 to cover the damages in full. Mr. Stevens presented a release to be executed by the Hoard in order that he may complete the disposition of the claim. Mr. Stevens left the meeting and the Appro- priation Committee met with the Board to discuss articles involving appropriations to be pre- sented at the Special Town Meeting on November 19th. The Chairman advised that the Selectmen have received numerous requests for school signs, bus loading signs and children signs for which' there is no money available. He said that the Selectmen believe that there should be more money for signs and would like a transfer of *500. He explained that the approximate cost for the signs and installation is 25 each. Mr. Madden, Chairman of the Appropriation Committee, said his Committee would consider the request and asked to have a letter on the subject. Mr. Gayer reported that the. balance in the Snow Removal Account as of November is $179.95 in the red, with $14,06.56 in outstanding bills to be paid. Mr. Madden asked if Mr. Gayer was requesting additional money if anticipation of snow storms and Mr. Gayer replied in the negative and explained that it is for salt installation and blades for the plows, chains, etc. in preparation so that the equipment will be ready to use when needed. The Chairman said that actually the request should be for more money but in order to keep the Reserve Fund from going down too low,,Mr. Gayer has been asked to carry some of the bilis over until the first of the year. The Chairman went over the articles, supplied the appropriation figures and explained that the Selectmen have not discussed the methods by which the funds are to be raised. The Appropriation Committee retired at 9:15 P.M. The Chairman explained that he would like to make r®Lsition. to the Division of Civil Service for two police officers, the eligible list now being available, at $72.07 per week, effective date of employment November 29th. 135 Transfer Snow removal Police list 136 Sherburne Road Charge Tree removal Collings sewer and water betterments The,Chairman read a letter from,Carl Howard, 10 Sherburne Road*exceeds the 'value- of the work. The Chairman was authorized to acknowledge the letter and call Mr. Howard's attention to thq fact that the betterment did not exceed the estimate which signed. A copy of petition was received signed by Walter E. Steeves, et als, protesting removal of trees opposite 38 Highland Avenue. :The Chairman reported that Town Counsel has advised that the proposed parking area in connection with ,the operation of Wildaore Inn is an accessory use and must go before the Board of Appeals. • The Chairman suggested that the Board take no further actio4 on the request from Mrs. Coleman to have the trees removed until the parking situation has been clarified and the Board agreed. Further consideration was given to Superintendent Smith's letter'with reference to the Harrington School boundaries and policy for payment of secretaries and custodians. Mr. Gayer explained that an error may have been made in the survey from which the plan was drawn but he would find out from Miller & Nylander, who did the surveying for the School Committee, what the error they mentioned is all about. He said that he has already ansn+ered•Mr. Smith's letter. The Chairman was authorized to adtise-Mr. Smith that the Board has not arrived at a decision re salaries, but has requested the Personnel Advisory Committee to make a re -study of the subject. The Chairman read a letter from Herbert M. Collins resewer and water betterments on lots 3I. and one half of 33 Robbins Road, which he has, purchased from Munroe Hamilton, who previously purchased them from the Town. Mr, Collins said that the lots were purchased with understanding that there would be no charges for sewer and water betterments, but when he ap- plied:efor connections he was asked to pay $528.50 betterments before the sewer and water can be con - fleeted. The Chairman presented a plan and said that the sewer and water was never extended to lot 34 at any time, However, the Assessors records show a water and sewer betterment against lot 34. The Chairman said he would check further and try to obtain more information. 1 1 * stating that he believes the amount charged for paving Ilherburne Road Mr. Gayer reported that Mrs. William Marshall, 9 Independence Avenue, wants $500 for a drain ease- ment through her property. He explained that her property will be dug up, close. to the house and a pipe put in. It also involves going through her hedge and one maple tree about fifteen feet high will have to be removed. He reported that he had advised Mrs. Marshall that if she would give the Town the right to go through her property, every thing would be put back as the trench is filled. If she did not want the Town to go on her property, a taking would be made and she would have a period of one year in which to file a claim for damages. Mrs. Marshall asked him to come back at a later date which he did and she informed him that she wanted $500. Mrs. Morey asked if the Town would still put the land back into condition and Mr. Gayer rep- lied in thffirmative . Mr. Stevens advised that it would not be worth making a taking through her property for $500. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to approve the sum of $500 for the easement. Town Counsel to prepare the necessary instrument. The Chairman mentioned that no decision had been made relative to the sewer on Mr. C#tter's property on Follen Road. Mr. Stevens asked•if the Board had determined the fact as to where the sewer stoped, and the ChaiM.- man replied that everyone agrees it runs half way. Apparently, the Board of Selectmen at that time should have levied the assessment and in view of that fact he could not see how Mr. Cutter ieof being bettered at this time. He said he could/see the justification for assessing a.betterment now. Mr. James said he got the dist&n&t impression that Mr. Cutter would have been willing to pay a betterment in the amount it would have been at that teem. The Chairman said that if the contractors are -constructing water and sewer mains and stop- ping at one particular spoo,the Board should be ad- vised and it shpu.ld be shown on the water and sews' cards. It was compute the beem hat it was made. unanimously agreed to have Mr. Gayer amount of payment that it would have been applied wheni_the last extension 137 Marshall claim Drain easement Cutter sewer betterment 138 Swimming pools Mrs. More questioned if swimming pools should be permitted where there is no sanitary sewer, and Mr. Stevens said that it would depend ontkesize of the lot. The subject of burning leaves on the pave- ment was discussed briefly and Mrs. Morey suggested sending out letters similar to those used this summer during the water shortage. Mr. Tucker said he thought it was something to bear in mind for another year. Messrs. Setevens and Gayer retired at 10:20P.M. Further consideration was given to Mr. Sgroesets request for the removal of one tree to enable him to enlarge his driveway. Mr. Tucker expressed the opinion that Mr. Sgrosso could build his driveway and still save the tree, but he would not oppose removal,. It was unanimously voted to post the tree at the edge of Mr. Sgrosso's driveway, 104 Reed Street, for removal. The Chairman read a letter from the Board pf Fire Commissioners asking if the physical examinations for members of the Fire Deiartment also applies to call men. The Chairman said that if the call men are members of the retirement system they should pass a physical.examination. Mr. maloney said he thought all the men should be required to pass a physical examination because the Town :'mould be liable if a call fire- man was injured in the line of duty. He also pointed out that call men are often appointed as permanent man and they should know their status in the beginning. The Chairman was authorized to advise the Board of Fire Commissioners that the Selectmen's decision is that both regular and call firemen should be required to pass a physical examination. . The Chairman read a letter from Charles H. Wansker, 79 Milk Street, Boston, real estate counselor, asking if the Town proposes rezoning the land now adjacent to Route 128. The,Clerk was instructed to refer the communication to the Planning Board. Burning leaves Tree removal Call men Zoning 1 1 The Chairman reported that Harry Sulliyan telephoned the Selectmen's Office re the proposed restriction in the deed conveying tax title lots 35 and 36 Hillcrest Street to him. It was agreed to invite Mr. Sullivan to meet with the Board and ask him to bring in a plan and be prepared to advise the Board to what he intends to do with his property on Hillcrest Street. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign the following street layouts; Ivan Street from Eldred Street northwesterly approximately 380 feet. Allen Street from Waltham Street southeasterly 1620 t feet to a point. on Allen Street which is 120 feet southeasterly of Clematis Road; Proposed Street from Depot Square northwesterly 152 » feet to Meriam Street. 139 Tax title Street layouts Upon motion duly made and seconded, it was voted to sign the following Water Orders: Ames Avenue from Carville Avenue southwesterly distant 600.00 feet to Blake Avenue; Round Hill Road from 152' I.+ south of Oakland Street, a distance of 360 ' southerly. Mr. James said that last Tuesday night he agreed to contact the Personnel Advisory Committee. He said that Mr. Lewis Hoyt and Mr. Bryant Emerson have resigned. He reported that Mr. Hoyt, in answer Appointment to his inquiry, said he did not think either Mr. Fawcett or Mr. Whipple could carry on. He suggested having someone on the Committee with personnel ex- perience. Mr. James said that David A. Eberly, 9 Myrna Road is personnel administrator with General Electric in Lynne and would be willing to serve on the Committee. He also suggested Earl Sukeforth, but said he did not have an opportunity to discuss the subject with him, . .. Mr. Sukeforth is working in personnel work with Hood Milk Co. It was unanimously agreed to appoint David A. Eberly a member of the Personnel Advisory Committee for an unexpired term ending April 1, 1957. 140 Mr. James said he would contact the Committee if Mr. Sukeforth will accept. The meeting adjourned at 10:35 P.M. A true record, Attest: • • 1 1 1 SELECTMEN'S MEETING November 13, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Tuesday evening, November 13, 1956> -fat 7:30 P.M. Chairman Reed, Messrs. Maloney, James, and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Mr. Tucker arrived at 8:05 P.M. The Chairman read a letter from P. Arthur Newell, 98 Maple Street protesting a sewer betterment asses- sment in the amount of $477.86. Mr. Newell explained that when he built his house the Water Department informed him that town sewerage would be available by September, 1955, but the house was ready in Nov- ember, 1955 and because the sewer had not been in- stalled he was required to build a cesspool at a cost of $100. Mr. Gayer. presented a plan showing lot 30, the one against which the assessment was levied and due to the fact that the lot,_ is pie shaped, Mr. James said he thought some consideration should be made. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to reduce the assessment from $477.86 to $377.86 and abate $100. The Chairman read a letter from Mrs. A. N. Small, 18 Independence Avenue relative to the difficulty she has in crossing Massachusetts Avenue at Indepen- dence Avenue due to the traffic. The Chairman also read a letter from Vernon C. Page, 12 Independence Avenue, calling the Board's attention to the need of a traffic light on Massac- husetts Avenue somewhere between Curve and Pleasant Streets. Mr. Page stated that several parents will not permit their children to attent meetings at the Follen Church because.it is so difficult for thea to cross the street. He said that for the same rea- son they are deprived the use of the library. The Chairman said that the Board at one time had talked about alterations to the lights at the East Lexington Fire Station whereby they could be operated as a pedestrian light. He said that in Feb- ruary of 1956 the Chief of Police wrote that he had contacted the State and was advised that with some 141 Sewer betterment 142 Pedestrian lights alterations there could be a pedestrian walk light there and the cost for such alterations would be approximately $900 or $1,000. The Chairman said that a pedestrian light at the fire station would not serve the purpose at the school and church area. Mr. Maloney said that it would serve the purpose at Locust Avenue which the Board was discussing in the beginning. Mrs. Morey asked why something could not be done about a pushbutton light at the school. The Chairman said he thought it would have to be some distance from the traffic circle, nearer the drug store. Mr. Maloney said he would like someone who knows more about traffic lights than he does look into the matter. f#e said he was in favor of a push-button light at both places. . , The Chairman asked Mr. Gayer to find out the cost of changing the lights at the fire station to push button, the cost of a pedestrian light in the vicinity of the school and whether or not the State would approve. Mr. Page also mentioned a traffic officer at Curve Street between 4:00 P.M. and 6:00 P.M. Mr. James asked if the Chief could assign an officer and the Chairman replied that he did not. think so. as the department is now two men short. Mr. James suggested paying extra duty. The Chairman asked Mr. Gayer to find out how much money is left in the Traffic Control budget and if there is sufficient balance, he suggested using it to. pay for alterations to the light at the fire station. Mr. Gayer said he would have the answer next week. Mr•. Stevens left the meeting at 7:55 P.M. Letter was received Friday, November 9th from jBliViighs11 the Board of Fire Commissioners inviting the Board 1341740Nr to a testimonial dinner for Captain Broughall to be held on Wednesday, November 14th. The Chairman read a letter from the Lexington Savings Bank advising that on October 17, 1956 there was a deposit=, under Trustees of Public Trusts, a total of 21i.3 accounts having a total principal of Trust Funds 1 $32,360.00. In addition, under the Cemetery Trust Funds, the total principal is $4,877.47. The Chairman read a letter,from Edward A. Palmer, Town Accountant, with recommendations to be sub- mitted to the Personnel Advisory Committee. He rec- ommended changing the rating of General Clerk to General Accounting Clerk. He also asked to have the junior clerk's classification changed to General Clerk Grade 2 and an increase in salary of $3.00 per week granted, effective immediately. The Chairman was authorized to advise Mr. Palmer that the Board has the grades in mind, that the General Accounting Clerk will be Grade 3 and the other Clerk will be Grade 2. The increase in salary was not approved at this time. At 8:00 hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to place an iron guy pole on Patriots Drive, approximately 40 feet northwest of Meriam Street. Mr.io} representing the Boston Edison Company, and four/in3ividuals were present at the hearing. Njr. Mahon explained that at the present there is a five -pole line now on Meriam Street which dead ends at the corner of Oakland Street as shown on Pole location the blueprint which accompanied the petition. He said he understood the telephone company installed a heavy cable up Meriam Street on t he existing pole. The Boston Edison Company is afraid that the corner pole will get away from them unless there is something to hold it; hence the request for a guy wire. The Chairman asked if theole is on the side of the church property and Mr. Mahon replied int he affirmative. Mr. James inquired about the height of the pale and Mr. Mahon said it would be twenty-five feet. The Chairman asked about the size of the pole and Mr. Mahon replied that in effect it is a trolly pole. The Chairman said that everything is under- ground in Patriots Drive and he assumed the Boston Edison Company was aware of that. The Chairman asked if there was any other solution And Mr. Mahon replied that there is but it is not as effective. The solution would be 143 Salary and classification 144 pick up the existing pole and cement it. The strain is not in the ground but in the pole itself. He explained that this is a situation the company does not lilts= to -be a party to, . The Chairman asked if Mr. Gayer had checked the matter and he replied in the affirmative. The Chairman asked if he had an opinion and he replied in the negative. The Chairman asked if anyone present desired to speak on the proposed pole. Mr. Benjaimn Pickering, 3 Patriots Drive, said that Mr. Mahon stated that the strain on the pole is not in the ground, but above. He asked, if that is the case, why did they put in a smaller pole than was taken out, and why they did not.put in a heavier pole. Mr. Mahon replied that this is a telephone pole and asked if it had been replaced recently. Mr. Pickering replied that about a month ago they took out the old pole. Mr. Mahon said that it may be the original pole was an old chestnut pole that they had through- out the town. The new poles being installed are a different type and do not have to be as large to maintain what may have been on the pole at the time. He said it is possible a smaller pole was put in. Mr. Pickering asked what type was being used now and Mr. Mahon replied that they are hard pine. He said he understood the telephone company has not in stalled. all the cable work on this pole and that is what brought this about. They were afraid the pole might get away from them. Mr. Roderick Firth, 2 Patriots Drive, asked if there was any reason why the iron pole could not be installed at the corner asked why it had to be a wooden pole. Mr. Mahon explained that the company would line to put in .iron poles but under the laws of Massachusetts they cannot do that. Mr. Pickering asked if they didn't usually anchor the guy pole and Mr. Mahon replied in some cases they de if it is a wooden pole. Mr. Pickering asked what would happen if the pole was erected and then began to tip. Mr. Mahon explained that just would not happen, and there never has been an instance when It had, He explained that this strictly a safety measure_ 1 145 and neither the telephone company or the Edison company would cRre to invest money if it was not necessary. Mr. Richard Sears, 1 Patriots Drive, asked if the only solution was to put in the guy pole. Mr. Mahon said that a heavier pole at the cor- ner would not be the answer. The strain is at the top of the existing pole. He said as they put more strain on the pole they are adding to the top of the pole .and it is the strain there they want to take care of. Mr. Sears asked if it was in the pole itself and asked if a heavier pole would not take care of the problem. Mr. Mahon replied that it really would not, Mr. Sears asked what was wrong with putting in another pole on Oakland Street and Mr. Mahon explained that it is going in the wrong direeii4n., Mr. Sears asked when the cable was going up and Mr. Mahon replied as soon as the company has the rights. Mr. Sears asked if Mr. Mahon had a drawing of the pole and he replied in the negative. He said it is a twenty-five foot iron pole and a guy pole is a guy pole. He said a trolly pole is about a thirty- foot pole and holds trolly wires. It is about six inches in diameter. be Mr. Sears asked how the wires,would/run and Mr. Mahon replied from the cross arm. Mr. Sears asked how many guy wires there would be and Mr. Mahon replied one, Mr. Sears asked how large it would be and Mr. Mahon replied about as large as a pencil. . Mr. Holcombe, Parish Clerk of the Church of Our Redeemer, said that the notice was not recei ed in time for an actual vote of the veetry. He checked with over half of the vestry and the point brought out was the church is now building _and along Pabriots Drive the row of shrub growth will be taken down and the area will be landscaped, There will be nothing there except shrubs with maybe some trees. This would mean just one thing sticking up in there. They are opposed to i from that angle because of Patriots Drive being/lear street at the present. Mr. Pickering asked why the cable went up Oakland Street. The Chairman explained that was a telephone problem and he did not think Mr. Mahon could answer it. 146 He said the telephone company does not have to come before the Board because it is merely putting in additional service. Mr. James explained that some poles are maintained by the telephone company and some by the Edison. company and both use them. This happens to be one, maintained by the Edison company. Mr. Pickering said that Oakland Street has been the same for the last forty years with the exception of maybe three new houses. He said he could not understand why a cable should be run up Oakland Street now, and said to run it up Meriam Street where :there is more development. Mr. Firth said he felt this was an important matter because he is opposed to a pole in an area where poles no far have been prevented. He said he was at '.a disadvantage not knowing all the facts and wouod like to propose an alternate solution but can't. The Chairmai pointed out that the Selectmen} have not approved of thispetition as .yet and this is the first time it has been seen by them. Mr. Mahon said he was at a disadvantage to explain ,the telephone comapny's activities but he. does have certain information from which the plans are drawn and the petition is made. He said he would be glad to have a telephone company representative. attend another meeting and have them explain more fully what their thoughts are. The Chairman asked if the group would agree to Mr. Mahon's suggestion and Mr. Pickering replied in the affirmative. . The group retired at 8:25 P.M. Further consideration is to be given to the peti- tio# next Monday evening at 7:00 P.M. Hearing was declared open upon petition of the Boston Edison Company for permission to relocate one pole on Lowell Street. Upon motion of Mr. James, seconded by Mr. Maloney, it was.voted to approve the petition and sign the order for the following pole relocation. Lowell Street, easterly side, approx- Pole loca- imately 355 feet south of Summer Street, tion one pole. One existing pole to be removed. 1 147 Mr. Mahon retired at 8:30 P.M. Mr. Mack Dankese, 87 Lincoln Street and Mr. Drinkwater met with the Board. Mr. Dankese said the number one item is trying to clarify the situation of dumping after hours. and find out what oan be done to enforce the pen- alties posted on the -inside of the gate. He said at the present time the dump is closed at five and at five one there is a traffic jam there and he can't get in or out of his driveway. He said one could call the police. He talked to Mr. Gayer in the summer who said it was up to the police. He called t}ie police who said it was up to Mr. Gayer. The Chairman asked if this situation was just when the hours went into effect or if it occurred all the time, and Mr. Dankese replied that it is all the time. The Chairman asked if the situation was as Complaint bad as he described, and Mr. Dankese replied that r e dump it sure is. Mr. Drinkwater said at tames there are a dozen cars lined up there.. The Chairman asked if there was more dumping at five than there was at eight and Mr. Drinkwater replied there is more now. He said some of them have been reported to the police and made clear it. He said the sign does say there is a fine for dumping after hours, but it has never been enforced. The Chairman explained it has not -been enforced because there have not been many complaints. He said it is the duty of'the police to enforce it but it is not possible to assign a man there at all times, and such an assignment is not intended because it would be too expensive. Mr.'Dankese said that a petition had beem filed when Mr. Bateman was Chairman and he was disturbed. The Chairman asked if conditions had improved. much and Mr. Dankese replied in the affirmative. Be maid if a patrol. car was there periodically people would know they are not todump after closing time. The Chairman explained that a dump is a problem in any town. He explained that much more money has been spent on the dump this year than in the past. He said the dump is there and will probably be there for a few more years. He said the Board could see about 148 having a police car sent over and it is unfortunate that people dumping do not have more consideration for the people in the neighborhood. Mr. Dankese said it is very bad for high blood pressure or ulcers. He said he is a part of the town and has every right to try to control what is going on in the town. If no one else will do it he will have to see what can be done about it. People take the position they can dump any place they want. The Chairman said that numbers have been called and the people requested to pick up what they dumped. He said he personally watched one night when the num bers were sent in.. -- Mr. James askd if there were any repeaters and Mr. Dankese replied in the negative; Mr. Drinkwater said that the garbage collector dumps garbage in the dump and W. Gayer asked if it occurred recently to which he replied in the negative. The Chairman explained that Howard Johnson's resturant is in Lexington and the collector picks up the rubbish. He pointed out that it is difficult to seperate the rubbish and the garbage in the rest- aurant containers. The Chairman said that the poison for the rats did not work satisfactorily and now arrangements have been made for an exterminator to come in and help solve that problem. Mr. Tucker asked if they did not think the dump was kept much better than it ever has been and Mr. Dankese asked if M,. Tucker didn't think it was be- cause of the complaints. The Chairman said he would disagree. Mr. Dankese said if the people did not keep complaining nothing would be done. Mr. Tucker asked if there was a definite im- provement and Mr. Dankese replied in the sffit'tative He said it was in terrific condition and Mr. James went up several times. tie -Chairman explained that this will never be a residential area, and the dump was located and in operation long before the houses were built. He stated that the Board never had any intention of moving it. He said if the people who built had asked" the Board they would have found out that no plans had ever_been made to wove the dump. Mr. Dankese said he may have inquired from 1 1 149. Town Officials who were mislead. The Chairman said his point was that it will never be a good residential area because of the dump and .to keep it up like a residential area would be tbo costly. He explained that the Board had considered rubbish collection wihch would involve three trucks, extra men and an expenditure of $75,000 for the initial expense. at Mr. Dankese said he understood that/one time there was a Board condidering another site and Mr. James explained that there was an Incinerator Committee. Mr. Dankese asked if that Committee ever thought of another site away fron people and Mr. James replied that there is no land away from people. Mr, Dankese mentioned an area on Route 128 and the Chairman explained that it is private property and has no access. Mr. Dankese said the only thing to do was to find another site which would not be an added expense. Mr. James stated that the committee did nfit recommend an incinerator because it was too costly and that is the way it was left. Tie Chairman explained that at the time they were studying an incinerator they were also talking about garbage being disposed of in the incinerator. That is what started the study in t he first place. Mr. Dankese said he mentioned to Mr. James that he would be glad to put iia any effort and time to help make a study and do whatever he could. He said he would like to extend his services if any one wants to use them. The Chairman said that sunny times the Board is looking for people. He said he would seeif the police could put a car checking the dump at five but that is heavy traffic time. he said the subject would be given more publicity in the paper. Messrs. Denkese and Drinkwater retired at 8:L.5 P.M. Mr. Robert S. Prescott and seven other gentlemen met with the Board relative to --the Lexington Civil Defense Communications Net. H introduced Mr. Richard Furington, a resident of Lexington, who acted as spokesmen for the group. Mr. Furington explained that the group is licensed to operate transmitters and provide facilities for civil defense and there are many opportunities 150 for them to be of service to the community, particu- larly to the police and fire departments. He pres- enter each member of the Board with a copy of Lex- ington Civil Defense Communications Races Program* He explained haw the group could be of assistance to the Police and Fire Departments and said that the men in the group are mature and their interest is in the way of a hobby but one which they take very seriously. He explained that they need some things but ham been unable to get them through the Civil Defense Channel. He said that the Civil Defense generator at the rear of the buildlng used by the poilce needs some service as it isf+ed properly. They need an antenna and accessory equipment, a six -meter transmitter receiver, provisions whereby the center fire station could communicate • with the East Lexington Fire Station, a receiverat the fire station. He explained that the egdipment can be purchased with the Federal Government supplying half of the funds so the town pays half of the cost. Mr. James asked if Mr. Furington opuld tell the Board what the items would cost, and he stated that the six -meter and two -meter equipment are *300 each or a total of $600 one-half of which will be paid by the Federal Government. The Cary Hall in- stallation would amount to $140 or $150 including the wiring changes to the generator. The Chairman asked if the cost included changing the police from this building to the new building, and Mr. Furington replied in the affir- mative, and said that it might involve an expen- diture of *50. Mr. James asked if he was correct in his under- standing that the police transmitter is a two -meter and operated in conjunction with the police, fire and public works cars with the same system. He also Asked if the system the group proposes is a six -meter system. • Mr. Prescott rfRi d that they use a six -meter system there and /is much less Obstacle effect. Mr. James said the six -meter system they dug gest means they would need the transmitter receiver to communicate with the State Headquarters. He said the transmitter and repairs, they indicate:. should be in the Fire Department and asked if they were six -or two meter. Mr. Prescott replied that they are tw®meter, 1 151 ,. and they would like to turn those in for six -meter equipment. Mr. James said the cost of the items suggested is about 4750 and Mr. Prescott stated that was correct. Mr. James asked if the antenna for the two stations was included in this figure and Mr. Prescott replied that they Could cost $200 overall. The Chairman asked if the request for money had been presented to the Civil Defense Director, and M,. Prescott replied that it had not for all of this equipment. The Chairman said that there is money available for this equipment in the Civil Defense Account and the=bills are.not approved by_the Selectmen, but are signed by the director. He said he thought the Board had sufficient information to discuss the sub- ject with Mr. Cole, the Direc tor The.group retired at 9:20 P.M. Mr. Harry Sullivan, 38 Maple Street, met with the Board relative to proposed restrictions in deed. conveying tax title lots 35 and 36 to Mr. Sullivan. He presented a plan of thesei and other lots he owns, and said that they are now fifty -foot lots and he pro- poses to make them into ninety -foot lots. Mr. James asked if he intended to make three lots out of five lots and Mr. Sullivan replied in the affirmative. The Chairman asked if he intended to go before the Board of Appeals and he replied in the affirma- tive. The Chairman explained that the Board's main concern was erecting houses on small lots and said he could see no objection to what Mr. Sullivan Tax title proposes to do. The Board had no objection to the plan as sub- mitted s.nd agreed to have the deed prepared without the restriction established at a meeting held on October 22,•1956. Mr. Sullivan retired at 9:30 P.M. Mr. Stevens, Town Counsel, returned to the meeting. _ He said one item he had was the matter of the drain easement from Towsr Road to Independence Avenue and explained that It has turned otzt that 152 it would be better to make a taking by eminent domain and not record it until the town obtains, am agreement from Canessa and Marshall releasing damages; Canessa of $1.00 and Marshall of $500. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was •voted to adopt an oredr of taking by eminent domain, for drainage purposes, through and under the parcel of land shown on a plan entitled, Drain "Plan of Drain Easement, Lexington; Mass.", dated Easement September, 1955, Whitman & Howard, Engineers. The land in which the rig:-hts and easements are,taken is believed to belong to the following individuals: Rufus L. McQullian and Minnie A. McQuilien, Lot 75m or Robbins and Smith, Inc., Lot 75; Aleah E. Cannessa, unnumbered lot; Alice G. Marshall, unnumbered lot. Petition was received from The Boston Edison Company for a i/o polerd.ocation on Meriam Street, to correct the petitioner's records of a grant re- cently approved and the pole located to the wrong. place. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location: Meriam Street, northwesterly, side approx- Pole imately 80 feet southwest of Patriots location Drive, one pole. (One existing pole to be removed.) Mr. Gayer reported on the Cutter sewer better- ment situation and said that, based on 1949 figures, the betterment would have been $243.95 on 9700 square feet. At present tate the estimate would be Cutter $393.02. sewer The Chairman pointed out that until a bill betterment has been committed no abatement can be approved. The Chairman was authorised to advise Mr. Cutter that the Board will abate the difference between what his assessment would have been in 1949, which is $2lj3.93 and the amount figured when the , bills have been prepared, so that the Bost to him will be based on 1949 cost. Mr. Gayer retired at 10:00 P.M. The Planning Board met with the Selectmen and Mr. Hathaway reported that his Board has not arrived 1 153 at a decision relative to Article 23, in the Warrant for the Town Meeting on November 19th, which has to so with re -zoning a piece of land on Depot Square. He said his Board understood the Selectmen hoped to have further conferences with some of the property owners and the Planning Board was seeking information if the Selectmen wished to give it to them. The Chairman reported that George Smith is still asking $2.00 per foot. He was advised by Mr. Tropeano that they would give the land in lieu of betterments. He said he has had no discussion with Mr. Scott as he has been unable to contact him. Mr. Hathaway said that Article 21 is going to involve a fifteen -foot strip, part of which will be on MacNeilts land and the other part will came from Smith. He asked if that was correct and the Chairman said that essentially it was. There are 1.1 feet of Smithts land, 100 plus feet of MacNeilts and 700 plus feet of Scott's. He said Re -zoning the .Board will figure $2400 per square foot for Depot Square coverage in the event an agreement is not reached. Mr. Hathaway asked if the, Board proposed to pave the street now or latery and the Chairman replied that actual construction of the road is only $1500 buttthe Board intends to install sewer and water to be done by the town. Mr. Hathaway asked what benefit would accrue to the town. The Chalbman said that the Planning Board had planned to put a road through there some time and the Selectmen felt now as good a time as any as long as it has been started. Mr. Hathaway asked if it would be completed lateron, and the Chairman said the Board is in favor of a thirty-foot road and does not feel that a forty -foot road is necessary. Mr. Hathaway said it appears to be defeating the purpose of the discussion with Mr. MacNeil. He said he now hears talk about erecting a two-story building. Mr. Malo Tey said there would be no objection to a two-story building. Mr. Hathaway said that it may mean another Board of Appeals case, and that Mr. MacNeil can go forward on the basis of the permit granted him last summer. 154 The Chairman said that he did not think Mr. MacNeil had any idea of doing that. The building has been turned around and the Board iS left in the position that he has not done what he agreed to do. Mr. Hathaway said the Planning Board must decide if it will be of material benefit to the town to go ahead on the re -zoning. The Chairman said it would be re -zoned some time anyway. Mr. Hathaway said it is a questio# whether or not it is a benefit to the town. The Chairman asked if the Planning Board. had received any objection at the hearing last week and Mr. Hathaway replied in the negative. He said that there was no opposition. The Chairman asked what the purpose would be for not following through. Mr. Hathaway said it may be that more land should be studied. The Chairman said that he did not know a taking had to be made within thirty days and neither did Mr. Adams. He said had that been known, no agreement would have been made with Mr. MacNeil. Mr, James said he thought Mr. MacNeil was justi- fied if he did not want to face his building on the road that is not full width. The Chairman'said the Planning Board had said it would consider it at tome time anyway and later on the Board can try to acquire the necessary width from Scott, Mr. Adams said that would seperate the re -zoning He said MacNeil could go to the Board of Appeals, again to bring his new building out ten feet further than it ever was before towards the station so the blank side wall will be more visible from Depot Square than it ever was. Mrs. Morey said he talked about stores and the stores will not want blank walls, but will want windows. The plia.irman said that the Selectmen have not seen Mr. acNeil since the street hearing, However, he talked to Mr. Tropeano who thought he could convince Mr. MacNeil into giving the land.in lieu of better- ments. Mr. Adams said the major item was the appearance of the center. The .hairmanidaid that the Planning Board had mentioned re -zoning the station. The Planning Board retired at 10:15 P.M. The Chairman read a letter from Mrs. Sanborn C. Brown, President of the League of Women Voters requesting permission to display copies of the Massachusetts State Government handbook in the lobby_. of Cary Memorial Building on Monday evening, November 19th. The Board had no objection. Applicabion was received from Rand Corp. Lincoln Laboratory, reques=ting permission to conduct a company buffet and dance in Cary Hall on December 14, 1956. from 7:30 until 1:OOA. M. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted torant the use of the Hall subject to a charge of $35.00 plus $1.50 per hour for janitor's overtime services. Upon motion of Mr. Maloney, Morey, it was voted to grant the Wildacre Inn (Virginia Coleman) 50 Percy Road seconded by Mrs. following licenses: Common V&etualler & innkeeper Bids were received for printing the 1956 Annual Town Report as follows: The Lexington Press, Inc. 500 copies 600 copies Authors corrections 200 School reports 50 Accountant's Reports Somerville Printing Company, Inc. 500 copies 600 copies 200 School Reports 50 Accoutant's Reports $7.55 per page 7.75 per. page 40)i per line 115.00. 100.00 $4.65 4.96 2.50 2.40 per per per per page page page page It was unanimously voted to award the contract to Somerville Printing Company, Inc., the low bidder. The Chairman reported that he had received a let- ter from t he School Committee, together with a list of what it considers to be the most critical sidewalk Use of Hall Town Reports 15G needs as of November 1956. The Committee also requested an additional police women for the Maria Hastings School. The Chairman reported that the article in the warrant for the Special Town Meeting relative to trans- Portation is to bs postponed. The Chairman asked if the Board wanted to recommend appointing another police women and explained that there are sufficient funds available. He said that he would go over the list of applicants with the Chief to determine whether or not those not appointed before are still interested. Mrs. Morey said that the relocation of Pelham Road has been discussed and she thought the time to do it would be when the new water main is installed.• The meeting adjourned at 10:50 P.M. A true record,cAttest: axeciteive:iclerk Select n. 1 SELECTMEN ' S MEETING November 19, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 19, 1956 at 7:00 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Mahon representing the 'Boston Edisoh Company, Mr. Consilvio, representing the New England Telephone and Telegraph Company, Benjamin Pickering, 3 Patriots Drive, Richard Sears, 1 Patriots Drive, Roderick Firth, 2 Patriots Drive and Mr. Holcombe, representing the Church of Our Redeemer, were present at the meeting. The Chairman stated that the subject of the proposed guy pole location on Patriots Drive would be taken from where it left off last week at the hearing. He explained that the Board be- lieved it necessary to have a representative pre- sent from t he telephone company. Mr. Consilvio reported that he went up to Patriots Drive and Meriam Street this morning with Mr. Mahon and a telephone company engineer. They spent considerable time there looking the situation over and studying it. He said there is no question but the company needs this stud very, very badly. However, if it is not possible to obtain per- mission from Patriots Drive, perhaps the comm ny could petition on Meriam Street from the existing pole which would be almost the same. He explained that, reason number one, the companytHants to make sure it does not curtail service in/event of an emergency and the second reason is personal injury. Therefore is comes to the town begging for per- mission to pls.ce this steel stud pole. He said that there is a very heavy load going down Oakland Street and the company is replacing cable which will give additional weight. The Chairman said that one of the questions brought up was why there were so many cables and wires going up Oakland Street. Mr. Consilvio replied that it is to supply that neighborhood and for no other reason. 157. Guy pole Patriots Drive 158 Mr. Pickering asked if there was a cable there now and Mr. Consilvio replied in the affirmative. Mr. Pickering asked why they needed more. Mr. Consilvio replied that the company has re- quests by weeks and days for increase in service. Some people may want to go from a two-party line to a one-party line. He said the company can't string open wiring there and in this rase the compipny does have requests for service in that section. Mr. Pickering asked df they were new requests and Mr. Consilvio replied that he was not able to pinpoint the parties asking for additional service but there are records in the engineering department of requests for service. Mr. Consilvio explained that the pole in question is the main pole supplying telephone service in Patriots Drive. Should anything happen to that pole, the telephone and Edison service will be lost. Mr. Pickering said he could understand where - the company feels the need of a stud pole, but that being an old established neighborhood, he could not see why it needs a stud pole there. He said if it had not been struck by a truck it would not have gone over. He said if the company is going to put in a new cable to supply the area, it would be more to the company's advantage to cut in Abbott Road where the new development is. Mr. Consilvio said he never heard about the truck hitting the pole. Mr. Mahon explained that it was not a truck <. that hit the pole, a truck came along and picked up the telephone cable. He explained this pole is what they call a Vo pole and is heavily laden with all types of construction. They have a primary line, ahort-circuit wires, fire alarm boxes, fire alarm wires, a street light unit and two standpipes. He said these standpipes carry Edison service in a seperate pipe and another pipe carrying telephone servile. Those .services are going into Patriots Drina He said this pole is heavily laden and if he/ever saw one this is is. He explained that there is a terrific pull on the pole and they need something to hold it.H,HHe said if the pole let go all of the services, telephone and Edison, in the entire area would let go, particularly those Patriots Drive. 1 159 because that are getting underground service from that pole. He said the pole is badly needed and the company likes to keep its construction as Safe as possibleand would not apply if it was not necessary. Mr. James said that the row of trees, of which Mr. Mahon spoke,will not be there very much longer. They are considered to be brush and will be taken down. Mr. Pickering said that if the stud pole is put in where the company has asked for it in the applic- ation, it will not be in those trees. It will be on this tide of the trees so they will not shield it, Mr. Mahon explained that there is s similar situation gf a steel guy pole in gront of St. Brigid's Church on assachusetts Avenue. Ae said he has yet to hear what the real objection is. Mr. Pickering said he objected because he paid extra to have underground telephone and electric services. The idea was not to have any poles or wires on the street. Mr. Sears said he would like to back up what Mr. Pickering said. He said they would be making progress backwards if the pole is put on Patriots Drive, and any new construction should help rather then undermine what has been done in the pact. He said putting the pole on Meriam Street is a pos- sible alternate which might serve the purpose. Mr. Firth said he agreed with what had been said by the other two abht%ers; they had paid extra for underground service. Ahis pole would be on Patriots Drive and would be in a very conspicuous place on the drive when the church property is landscaped. 1#e said it seemed to him that there should be some alternative such as taking the line off further up Meriam Street or putting the pole on Meriam Street in front of the church. He said this would be disadvantageous to the church, but it would at least protect Patriots Drive. Mr. Holcombe presented a plan showing the church progerty and explained that the ultimate plan is for school building, parish house and eventually a chapel. Mrs. Morey asked if all the trees would be taken down and Mr. Holcombe replied that there is nothing but shrub growth, overgrown bushes. He said he could not -say the church is opposed, but definitely does not like it. 160 Mrs. Morey said a pole might be placed on TMeriam Street and asked where. Mr. Mahon said he looked at it as: suggested last Monday night but there is a fire hydrant directly opposite. He said if it is not desirable to have the pole on Patriots Drive it is possible to put it five or six feet southerly from the fire hydrant. The Chairman declared the hearing closed and said that the Board would take the petition under advisement and discuss it further at another meeting as a Special Town Meeting is scheduled for eight this evening. The group retired at 7:20 P.M. The Chairman left the meeting and Mr. Maloney acted as Chairman. Letter was received from John E. Harvey, 1 Constitution Road, advising that he owns lots 69 and 70 at the corner of Paul Revere and Constitution Roads and it appears that each lot is subject to, a betterment assessment due to the proposed in- stailation of a sanitary sewer. He therefore re- quested an abatement of any assessment on lot 69. Ihasmuch as no sewer has been installed, the Sewer Board could take no action either to grantor betterment deny the request: The Clerk was instructed to so advise, Mr. Harvey and ask that he reiterate his request when the assessment has actually been committed. The Chairman read a letter fron Attorney Francis Keefe advising that lots 25 and 26 _ Bartlett Avenue, Estate of Sidney M. Simons] had §tredt been sold, On September 26, 1955 the Board extended betterment the time for payment of a street betterment assess- ment against these lots until the expiration of three years or the land was sold. The Chairman read a letter from. the Bureau of Old Age Assistance advising that George S. Head, formerly of 10 Westminister Avenue, died September Head 12, 1956 and was interred in Mount Pleasant Cemetery, Assistance Arlington, on September 14, 1956. He was the recip- ient of $7,531.33 worth of assistance from the Town from the year 1940 through August, 1956. tri 1 161 The Chairman read a letter from A. I. Dodge, Chairman personnel Policy Committee of the Lex- ington Teachers' Association, advising that ap- Group Insurance proximately 95% of all town employees have in- dicated that they are in favor of the acceptance of Chapter 32B of the General Laws which would establish a group insurance plan for all town em- ployees. Therefore he was requesting the Board to take necessary action to place the question relative to the acceptance of this Chapter on the March 1957 ballot. The Clerk was instructed to acknowledge the letter and advise Mr.Dodge that the subject has not been discussed to the extent that any indication could be given as tb the Board's feeling on the matter as requested by Mr. Dodge. Letter was received from the Board of Health requesting an increase in salary for Mr. Lurvey, Executive Health Sanitarian, and Mrs. MacDonald, Salaries Clerk. Further consideration is to be given tb the request when budgets for 1957 are being discussed. Certification was received from the division of Civil Service on the Board's request for two permanent patrolmen. The Chairman reported that Chief Rycroft is Police list conducting an investigation on each man on the list and then an appointment will be made for the applicants to meet with the Board for in- terviews. The Chairman reported that Mr. Hugh Gordon, et al, want to sit in on the Selectmen's Meeting on Monday, November 26th. This is im connection with the League of Women Voters' study relative to the Review of Structure of Town Government. The Chairman Was authorized to advise Mrs. Gordon that Monday, November 26th will not be con- venient but an appointment will be made for some other. meeting. The Board agreed to meet tomorrow, November 20th at 7:30 P.M. if the Special Town Meeting is completed this evening. The meeting adjourned at 7:55 P.M. A true record, Attest: ESC a chit ive lerk,( Select en 162 Pole location SELECTMEN'S MEETING November 20, 1956 A special meeting of the Board of Selectmen was held in the Assessors' Office, Town Office Building, on Tuesday evening, November 20, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney and Tucker were present. The Clerk was also present. Further consideration was given to petition from the Boston Edison Company and the'New England Telephone and Telegraph for permission to locate a j/o iron guy pole on Patriots Drive, ap- proximately t10 feet northwest of Meriam Street, Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to grant a petition to have the pole located inside the sidewalk on Patriots Drive, at the corner of Patriots Drive and Meriam Street, and further that an evergreen tree be planted to maintain the aesthetic appearance of the area. Mr. Tucker reported that a representative from the New England ItintloBureau is going to Fire Stat.. eet with the Fire Station Committee next Tuesday, Committee November 27th. He said that it might be well for someone from the Board to attend. The Fleeting is at the East Lexington Fire Station at 8;00 P.M. Water betterment Letter was received froru the Board of Assessors relative to the water betterment assessment levied against property on Grove Street and owned by William G. Potter and Charles E. Ferguson. The Chairman said it was 1 difficult to explain the situation without•a plan and he would have it for next week's meeting. Application was received from the Vocell Bus Co. requesting permission to operate motor vehicles for the carriage of passengers for hire over the following Streets: Lexington Street to junction of Lowell Street, over Lowell Street to junctiol of East Street, over East Street to Woburn Line. The Clerk was instructed to make an appointment for the applicant to meet `ulth the Board todiscuss the subject. 1 163 The Chairman read a letter from. Mrs. Doris M. Holmes, 17 Barnes Place, advising of damage done to her property by dogs in the neighborhood. Damage by The Chairman was authorized to acknowledge the dogs letter and advise that the problem will have to be settled by her and her neighbors and to quote Section 155 of Chapter 140 of the General Laws pertaining to damage to property by dogs. Further consideration was given to Mr. Busa's offer of *300 for lots 63-67 inclusive, Rawson Avenue. It was agreed to advise Mr. Busa that the Tax title Board had received a previous offer and upon receipt of letter from the bidder, as to whether or not he is still interested in acquiring the property, the Board will get in touch with Mr. Busa again. The Chairman was authorized to write Mr. Josepb. Dattoli, 101 Cliffe Avenue, Fh.o made an offer to purchase lots 63-66 inclusive, Rawson Avenue,and askif he is still interested in purchasing these Tax title lots, plus betterments and to so advise the Board in writing not later than December 1, 1956. Further consideration was given to Mr: Joseph F. Fitzgerald's offer of *200 for lots 187-190 inclusive, Hillcrest Street. Tax title It was agreed to entertain an offer of *400 for the lots, Mr. Fitzgerald to advise the Board 4f he is still interested in acquiring them not later than December 1, 1956. Further considerationwas given to Mr. E. J. Harris' offer of *50 each for lots 47-52 inclusive Tax title on Poplar Street and lots 53-58 inclusive on High- land Street. The Board agreed that it would be in the best interest of the town not to dispose of these lots;; Further consideration was given to Mrs. James Hayden's offer of *200 for lots 631-634, inclusive, Tax title on Freement Street. It was agreed that it would be in the best interest of the town not to dispose of these lots. Further consideration was given to Nrr. Michael Cardello's offer of *300 for lots 90-94 inclusive Tax title 164 Tax title Tax title Tax title on Albemarle Street. It was agreed to entertain an offer of $900, , plus sewer betterment assessment in the amount of 33!.08. Mr. Cardello to adt ise the Board if he is still interested in acquiring the lots not later than December 1, 1956. Further consideration was. given to Mrs. Edmund F. Bentley's letter stating that she was interested in purchasdng lots 23-25 inclusive, Block 3 Earl Street.`' the Board agreed that it would be in the best interest of the town not to dispose of these lots. Further consideration was given to Mr. Alfred Iodicets offer of $100 each for lots 24 and 25 Marvin Street,. The Board agreed that it would be in: the best interest of .the town not to dispose of these lots. Furtherconsideration was given to an offer of $475 for lot r: 92 Wachusett Drive, recgived from Marvin Grail, 19 W4chusett Drive and Bruce Wilkins, 15 Wachusett Drive. This lot abuts the property of both interested parties and bhwy desire to purchase it as prosection only. It was agreed to advertise a proposal to sell in the Lexington Minute -man and to give further so -- sideration to the offer at the meeting following the ad- vertisement. The meeting adjourned at 9:20 P.M., A true record, Attest: '--ixec`utivei Jerk, ( Seleet 1 165 SELECTMEN'S NF TING November 27, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, November 27, 1956 at 7:30 P.M. Chairman Reed, Messrs. James and Maloney were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk.were also present. The Chairman read a letter from T. F. Hanron, District Highway Engineer, State Department of Pub- lic Works,•with reference to the sum available for highway construction under provisions of Section 5A, Chapter 718, Acts of 1956. Chap. 718 Procedure has now been established to carry out Sec. 5A the Act and municipalities are to submit proposed projects for District approval. Project forms were enclosed to be submitted in duplicates for each in- dividual project, listing under remarks such details as sidewalks, shoulders, etc. The Chairman suggested as one of the projects the -extension of Eldred Street, and Mr. Stevens said he thought•it would link in very well with the State prolject of the proposed road at Wood Street. The Chairman also suggested sidewalks. Mr. Maloney left the meeting at 7:50 P.M. Mr. Stevens reported that a taking had been made in connection with the Tower Road drainage and firs. William Marshall was supposed to sign a release for *500. A release was also to be obtained:from Mrs. Tower Road Canessa but it turns out that she died in 1950 and drainage the title is in her name. Mr. Peter Canessa does easements not have title in the land upon which he can give the town the grant. Mr. Stevens explained that he drew up an instrument whereby Mr. Canessa agrees to save the town from any damages and if the Board ap- proves, he will proceed on that basis. The Board had no objection. Mr. Stevens reported, for the Board's information, Wallis Court that attorney for Mr. Hunt, Nathan Bidwell, claims not tb have received any notice relative to the construction and acceptance of Wallis Court. Mr. Bidwell said 166 that neiPher_he<nor Mr. Hunt knew anything about it and 'did not know a taking had been made, and wants to know why it was laid out as a town way. Mr. Stevens re- ported that he gave Mr. Bidwell all the information on it and the Constable's return shows that a notice was left at Mr. Hunt's office. Mr. Stevens reported receipt of $25,000 left to Bequest the town by the late Maud Sherburne and said he would. call the attorney and advise him that itshould-be sent to the Trustees of Public Trusts. Mr. and Mrs. William Naudzun, 2620 Massachusetts Avenue, met with the Board. Mrs. Naudzun said she had received a bill in the amount of $175.18 for the con- Naudzum structipn of Crosby Road and thought it was a substant- betterment ial amount to be taxed. She asked if she could get some allowance or have something done about it.. The Chairman said that Mrs. Nudzum met with the Board before the Street was constructed and therest- imate of cost at that time was $1809.90. He explained, that she was then advised that the Board was not sure whether the road was going.to be accepted as a street or was, to be a private way for school purposes. He said that the Board did levy assessments against all the property on the street. He explained that the assessment levied against Mr. Nsudsun's property was the difference between a frontage of 90 feet on Massa.. chusetts Avenue and 179.32 feet on Crosby Road. Mrs. Naudzan asked how much her assessment was per Mot, and the Chairman said that the estimate was. $7.50 per foot, but the actual cost was $5.32 per foot. much less than was anticipated. He said since the. time construction was started, Mrs. Naudzun subdivided her property and sold a lot which she could not have done unless the road had been built. Mrs. Naudzun said that she would rather have kept the land. The Chairman pointed out that she received more money for the lot due to the fact that the street was constructed. He also explained that the betterment against the lot she sold was assessed to the new owner and she does not have to pay that. Mrs. Naudzun agreed. The Chairman said that the assessment Mrs. Naudzun is paying is the difference between the long side and the short side, the proceedure followed throughout the town on corner lots. 1 Mrs. Naudzun asked if the owner at the other corner has to pay and the Chairman replied that.assess- ments have.been levied against all the lots on Crosby Road. - Mrs. Naudzun said it seemed like a lot of money and if. she pays it over .twenty years, it will double her tax bill. The Chairman said that she sold the lots in the rear which she would not have done if the street were not constructed. He recalled that at the time of the public hearing, Mrs. Naudzun made the statement that "she wanted privacy and would not sell the land anyway. He ,said that .the Board believes the assessment to be fair. .She asked if payment could be deferred and paid later. The Chairman replied that it could be apportioned. Mr. Stevens explained that the betterment could be appprtioned for ten or twenty years. If after paying for a,few years, Mrs. Naudzun decides she would like to pay it all, she could come in and pay the balance. He explained to her that there is no way of postponing payment without interest. Mrs. Naudzun asked if the betterment could be de- ferred for two or three years and Mr. Stevens replied in the negative. - The.Chai.rman said that the Board had discussed the subject before Mrs. Naudzun arrived at the meeting and it is the opinion of all those present that the better- ment is fair and no abatement can be made. He said he would discuss it with the other members of the Board but did not think the decision,would be changed. Mrs. Maudzun asked how soon she would have to pay the betterment, and Mr. Stevens explained that unless she took some other action, the betterment would appear on her tax bill. It will be assumed that she is going to apportion it and it will be so handled, but she will have to pay interest. Mr. and Mrs. Naudzun retired at 8:25 P.M. Mr. and Mrs. Iver W. Skoog, 14 Bridge Street, met with the Board. Mr. Skoog Jaid he received a bill for $1,012.38 for the construction of Bridge Street. He said his frontage is 200 feet and he would like to have the amount reduced as the street does not benefit him to that extent. The Chairman explained that street betterments-. are determined on so much per frontage foet and lir.: Skoog has about 200 feet. He said that the estimated cost , for which Mr. Skoog did not sign, was $1,497.45 However, when the street was built the actual cost per 167 Skoog betterment 168 foot was $5.07 which brought the assessment down .to $1012.38. He explained that everyone on the street was assessed at -the rate of $5.07 per foot. Mrs. Skoog said that the house on Payson Road and Bridge Street has forty or fifty feet and they will re- ceive as much benefit as she does. Mr. Skoog said that, as far as appearance goes, his lost value and the Chairman said that was a matter of opinion. He explained that a lot is more valuable on an accepted street. Mr. Skoog said that actually there should have been a retaining wall built and the Chairman informed him that the town does not build retaining walls. However*. the property is put back in its original condition. Mr. Skoog said his property was not restored. Mr. James asked what ta woucld like to have put back. Mr. Skoog said he would lily to have the front of the land so he could take care of it. Ar. Jaces asked if he meant her wanted the bank sloped and the driveway fixed and Mr. Skoog replied in the affirmative. The Chairmah asked if the Town would be going onto his property to slope it and Mr. Skoog replied in the affirmative The Chairman said if the Town.daas any work, per- missiorwill have to be obtained fust -from Mr. Skoog to go onto his property. Mr. Skoog said he certainly would grant permission. Mr. Skoog said he just drives down a short distance and goes into his driveway. The Chairman explained that the Board has to cons sider the amount of benefit to the,property and said that Mr. Skoog would realize.more money for the property with an accepted street. He explained then the time comes to construct Payson Road, the people on the cor- ner will be assessed for that. Mr. Skoog said that ab!oht': half of the tthey,was spent for drainlpgValleyfieIti_Road and the Chairman explained that funds for drainage were entirely sepa- rate. He said that $5.07 per front foot is a very good figure. Mr. Skoog said -he could not maintain his property now as he could before. The Chairman said it could be taken care of but the Board is not in any position to make any change in the betterment. Mr. James explained that the Board i4' governed by certain rules by the way of formula to assess betterments and has no choice in the matter. 1,04 1 169 Mr. Skoog asked who to contact in the Spring rela- tive to his property and Mr. Gayer said he would dis- cuss the problem with him on the,ground. Mr. and Mrs. Skoog retired at 8:L5 P.M. Mr..Stevens referred to Mrs. Cummings' offer to purchase lot 251 Wood Street and reported that he had received a letter from Mr. Burns some time ago rela- tive to this lot having an access.to the new Wood Street. He said the owner would have to purchase a piece of land from the owner of the land on the north- Tax east corner of Wood Street. The Town could convey a .title deed bounding it by old Wood Street. He suggested in- viting Mrs. Cummings in to meet with the Board so that there will be no misrepresentation as to what.she would be getting. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to sign the following drainage easements prepared by Town Counsel: A portion of Ivan Street, a portion of Kendall Road, a portion of Manning Street, Drainage a portion of Justin Street, a portion of Tavern Lane, easements a portion of Payson Street and Grassland,Street. Mr. Stevens retired at 9:10 P.M. Further consideration was given to letter received from the Board of Assessors,relative to request of Mr. Potter for an abatement of: water betterment assessment levied against property owned by him and Mr. Charles E. Grove St. Ferguson on Grove.Street. The Chairman explained the water situation by use of Plan 15980E, but it was decided to betterment invite Mr. Potter to meet with the Board to discuss the subject. The Chairman read a letter.from Edward R. Sibley* 18 Eliot Road, relative to damage to the Munroe Depot station and surroundings. He also requested assis- tance in,having the roadway to and from the station plowed when the streets are plowed and having a load Munroe of gravel dumped to fill in the low spots in the road- station way directly opposite the waiting room entrance door., Mr. James said that if damage is being done to the station, it is a matter for the railroad police, and as far.as the gravel goes, it is not a town way. Mr. Maloney returned to the meeting at 9:20 P.M. 170 McInnis applicant for Police Dept The question arose as to who is responsible for the roadway and Mr. Maloney said he would obtain in- formation on the subject. Chief John W. Rycroft and Richard A. McInnis, applicant for police vacancy, met with the Board., The Chairman said that, inasmuch as all the mem bers of the Board were unable to be present, it may be necessary to have Mr. McInnis in again next week. He asked why he wanted to become a policeman. Mr. McInnis replied that he has been interested in police work and was a Special Police. He said he felt it was a position with a future, more so than some positions, and he felt there was an opportunity .to work one's way up as time goes by. The Chairman asked what he did now at Hanson MacPheets and he replied that he is in the Parts De- partment but not as manager. The Chairman said he was classified as a disabled veteran and he understood that he had rheumatic fever. Mr. McInnis said it was diptheria which left him with, headaches. He std they are called migraine but actually are not. The Chairman asked how much time he lost from his work due to the headaches and Mr. McInnis replied.that he has never lost any time. The Chairman asked if he received disability, and he replied in the affirmative. The Chairman said that Mr. McInnis ew the rate of -pay and asked if the change would beinancial hardship and he replied in the negative. Mr. Maloney asked how much disability he received, and he replied 10%. Mr. James asked if he worked for Rowe -Jackson and he replied in the affirmative and said he was with them for about six months. Mr. James asked why he left. Mr. McInnis replied that he.was sick for three days with a cold and at the time was on a salary. The three days were deducted from his pay and when he inquired about it was told that he had too much time off.• He said he had worked for Mr. Frederick Johnson for many years without any time off. The Chairman asked how much notice he would have to give his present employer and he replied two weeks. The Chairman asked if night duty would make any difference and he replied in the negative. 1 The Chairman said it may be necessary to ask Mr. Moir/mit' tb:meet with the Board nextlaieek when all the members would be presemt. Mr. Mclnnds retired at 9:40 P.M. Mr. Albert E. Zoch, applicant for police vacancy, met with the Board. The Chairman explained that two members of the Board were absent and therefore it might be necessary to ask him to come in again next week. He asked why he wanted to become a policeman. Mr. Koch said that he would enjoy that type of work. The Chairman asked if he were presently working for Arlington Coal and Lumber Company. Mr. Koch replied in the affirmative and said he .has been there almost three y.ea rs. The Chairman asked if he were in the service be- fere that and he replied int he affirmative. The Chairman asked if it compared with his pres- ent salary and he replied in the affirmative. The Chairman asked about his physical condition and he said it was very good. The Chairman asked how much notice he would have to give and he replied that one week would be plenty. The Chairman asked if day or night duty would make any difference and he replied in the negative. Mr. Koch retired at 9:45 P.M. Mr. Kenneth M. Cox, applicant for Police vacancy, met with the Board. The Chairman explained that two of the members of the Board were absent and therefore it might be necessary to ask him to -come in again next week. He asked why he wanted to become a policeman. Mr. Cox replied that it is his life ambition. The Chairman asked if he liked the type of work and he replied in the affirmative. The Chairman asked how long he had been with Gould Motors and he replied about nine years. The Chairman asked if he felt he wanted to make a change and he replied that he would rather be in this type of work. The Chairman asked if he would be taking a cut in pay -and he replied._that it would not be too much. The Chairman asked if he were a veteran and he replied in the negative. The Chairman asked if night duty would make any difference and he replied in the negative. 171 Koch applicant for Police Dept. Cox applicant for Pollee Dept 172 Sidewalks and police- women. Maria Hastings School The Chairman asked how much notice he would have to give and Mr. Cox replied he would like to give hiss employer two weeks, Mr. Cox retired at. 9:45 P.M. -The Clerk was instructed to write the Division of Civil Service and request that the certificate be extended for a period of two weeks, The Chairman said that there are three men on the list interested in the appointment. He said it has occurred to him that if the Board votes to put an ad- ditional man on next March, there still would not be . a list available. He mentioned for consideration putting on three men. now, He asked if there were suf- ficient money in the Personal Services Account if such a decision should be reached. The Chief replied that he would check it but felt certainnthere is. The Chairman mentioned that the requisition signed by the Board is for replacing two permanent men and no requisition for a new man. The Chief agreed to go into the office and discuss the subject with Commissioner Greehan, Director of Civil Service. The Chairman referred to letter received some time - ago from the School Committee relative to an additional policewoman for duty at the Maria Hastings School, and asked if there were a sidewalk up .there.. The Chief replied that there is a ,sidewalk going up Massachusetts Avenue on the left hand side all the way down to Bridge Street. The Chairman asked what he recommended. The Craief reported that he and Mr. Gayer went up one morning from before eight oaclock until quarter' to nine. There are about thirty children there and, in talking with the policewoman, he received a rather good account. He said he has no quarrel at all with putting on more policewomen but at the moment he did not think that would solve the problem at the Maria Hastings School. He said if he puts on another police- woman at the corner of Paul Revere Road .and moves the existing policewoman at the conner of School Street and Massachusetts avenue, it looks good,but the child- ren who come out Cedar Street have no more sidewalk than they have down at Paul Revere Road. He said that he took Mr. Gayer up there and asked if he could wing the snow from Crosby Road to Pa=ul. Revere Road and he 1 173 said he did no have a wing plow. The Chief said that de he then askethe scraper could push the snow back and Mr. Gayer said it could be done. He said that would be his recommendation for this winter be- caase he understands Mr. Gayer is going to ask for money to put a sidewalk in from Crosby Road to Paul Revere Road. He said if the Board insisted on an ad- sitional policewoman he would not stand in the way. The Chairman.asked why the children won't cross the street there and the Chief replied that they come up the side where they have no sidewalk and the police- woman trains them. Mr. James asked -how much it would cost to put in 200 feet of didewalk right now; just something to get the children off the highway. The Chief reported that he went down to the cross- ing at Locust -Avenue and counted only four and seven Locust High School girls crossing. The same condition exists Avenue at Plainfield Street. He said if they were small child- crossing ren, it would present a different picture. Chief Rycroft retired at 10:10 P.M. The Chairman read a letter of thanks from Ernest Cutter for the Board's decision relative to his sewer betterment assessment. The Chairman read a letter from Mrs. Dorothy P. Rich, Chairman of the Dental Clinic, requesting a transfer of $93.49. The shortage in the budget is based on unusually high printing expenses incurred for an explanatory brochure axi# the added expense of having a second dentist in t he clinic. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to request the Appropriation Committee to transfer the sum of $93.49 from the Reserve Fund to the Dental Clinic Expense Account. The Clerk was instructed to forward a copy of Mrs. Rich's letter to the Approp- riation Committee. Transfer Application for a Certificate of Incorporation was received from Edward J. Cronin, Secretary of the Common- wealth, on behalf of Clifford F. Flack, 41 Outlook Drive; the corporation to•be known as a Visiting Nursing Service Cert. for the Christian Scientists in Northeastern Massachu- Inc. setts, Inc. Satisfactory character reference was re- ceived from the Chief of Police, 174 Cert. Inc. Traffic light Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to sign the application. Application for a Certificate of Incorporation was of received from Edward J. Cronin, Secretary of the Common- wealth, on behalf of Mary Hayes Cornell, 72 Prospect Hill Road and Gaius R. Sampson, 46 Outlook Drive; the corporation to be known as West -of- Boston Visiting Nursing Service for Christian Scientists, Inc. Sat- isfactory character references were received from the Chief of Police. Upon motion of Mr. Maloney, seconded by Mr. James it was voted to sign the applications. The Chairman read a. letter from Mrs. Sanborn C. Brown, President of the League of Women Voters of Lexington, advising that past experience has shown that copies of the Town Report are often unavailable by Fall when one or another of the Committees find they need more. While this is not to be interpreted as a formal request, the League feels that the in- formation may be useful to the Board in deciding how many reports to order. The Chairman read a letter from Mr.. Sanborn C. Brown, Chairman of Precinct One, saying that he was delighted to see the Board1s letter to Vernon Page relative to investigating the possibility of a pedes- trian traffic light at the East Lexington Fire Station and also a pedestrian light in the Follen Church area. The Chairman read a letter from Mr. Grant B. Cole, Resignation resigning as Director of Civil Defense. Due to the press of his private business it is impossible for Mr. Cole to devote the tiMm necessary for this posi- tion. Abatements Committee Letter was received from the Collector of Taxes, together with a list of ambulance. charges that she would like the Board to abate so they can be removed from her books. The Clerk was instructed to place the item on the agenda for the next meeting. The Chairman read a letter from Mr. Carroll to wffiiah was attached a copy of Article 45 as passed at the Adjourned Town Meeting held April 2, 1956. This vote created an additional Fire Station Com - 1 175 mittee and Mr. Carroll said in his letter that the Board of Selectmen being mentioned first, should Committee call the first meeting for the purpose of organizing. A ppointmert The Chairman read a letter from David A. Eberly accepted advising that he accepts the appointment as a mem- ber of the Personnel Advisory Committee for an un- expired term ending April 1, 1957. Notice was received from the Department of Nat- -ural Resources advising that a testimonial dinner will be given to Arthur`T. Lyman who is retiring Dinner on November 27th, The dinner will be held on Decem- ber 12th, 7:30 P.M. at the Sheraton Plaza Hotel. Items #22 through #26, gil tax title offers were held over for the next meeting of the Board. Upon motion. of Mr. James, seconded by ¥r. Maloney, it was voted to sign an Order to lay out Ivan :, Street as a town way from Eldred Street northwesterly ap - proximately 380 feet. Upon motion:of Mr. James, seconded by Mr. Maloney,` it was voted to establish January 2, 1957 as the closing datetor articles to be submitted for in- sertion in the Warrant for the Annual Town Meeting in March:1957. Ivan Street Warrant The Chairman said that there is an item of $400 in the 1956 Unclassified Account for printing the Carry Gereral By -Laws which obviously will not be done Over this year. It was unanimously agreed to request the Town Accountant to carry this amount over for 1957. The Planning Board would lily to meet::.with the Selectmen and the Historic Sites Committees at 10:00 A.M. on Saturday, Dedember 22nd or Sturdy December -29th. The Clerk was instructed to bring the subject up again at the next meeting of the Board. The meeting adjourned at 10:30 P.M. A true record, Attest: f- Exectitive,Clerk,( Selectmen. 176 School Sites SELECTMEN'S MEETING December 3, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 3, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr. Roland Greeley, Chairman of the School Sites Committee, met with the Board. Mr. Greeley said as he understood the Town Meeting vbte on the Junior High School Site, the Town Meeting said it would be willing to buy either of the two sites condidered if they could be had for $65,000, but left the final power of decision to the Board of Selectmen. Mr. James said he understood it s. little different- ly. ifferent- 1 They were given the option of voting $65,000 or $45,000 and $45,000 would have bought the 'Lidberg- land and $65,000 the Chiesa- Bull, They voted $65,000 and in his opinion they voted a preference for the Bull-Chiesae land, Mr. Greeley said if they voted the $45,000, there would have been no longer a choice. He said he did not think they were telling the Selectmen to get the cheaper one, The Committee is in favor of the Bull - Chiesa site. He said they would have presented it at the Town Meeting if it had not been for the Approp- riation Committee, and also other people, feeling that ' this was a high price. He said it is high, but not too high for that land. Mr. Greeley said he did hotmean to present it to the Town Meeting so the Town Meeting could make a definite decision. He intended to leave the decision to the Board of Selectmen, the Committee' and the School Committee. He said how they; as indi viduals, interpreted it he is not sure. They were willing to pay 05,000 for the better site but doubted if the Board had to get the better site. Mr. James said"some believed they were expressing opinions and said if they'wanted the :Lidb'erg": site, they would have voted $45,000. Mr. Greeley said he did not want to be unfair. Mrs. Morey said the Mr. James seemed to hisve understood it the way she did." The Chairman said he thought it was left to the Board of Selectmen to make a dicision on the site. 1 177 Mr. Tucker said that was also his impression. Mr. Greeley said his intention was to have the decision made later by the Board of Selectmen rather than the Town Meeting making a decision. He said if they had been deciding against the latter site, they would have voted for the Appropriation Committee amend- ment. He said how many felt they were voting for the Bull -Chiesa site could be argued all night. Mr. James said they did not express a preference for the Lidberg site. Mr. Tucker said that only by voting the larger amount could they get the Chiesa land. Mrs. Morey asked about options, and Mr..Greeley said that both Bull and Chiesa indicgted willingness to sign options; He said the Committee did not let them sign because Town Counsel felt if eminent domain should be indicated, it would be more sensible not to have options signed. Mr. Tucker asked what type of option he meant and Mr. Greeley replied an option in consideration of $1.00. They agree to sell to the Town at this agreed price with- in X number of days. They are noton.record agreeing to -sell at this $2300 figure. The Committee did not ask them to put it on record. The Chairman said he had a call last week from Mr. Tropeano representing the other piece of land and he would like An opportunity to talk to this Board before a decision is made. Mr. Greeley said he also called him. Mra Greeley said the situation is one where Bull- Chiesa are not particulary anxiaa to sell. The par.. ties interested in the Lidberg property are very anxious to make a deal.. The last figure they gave to him was $4.5,000 for the whole thing. He Said if that site is taken, there will be another $2,000 or $3,.000 for a parcel that will have to go with it. He said there is the matter of Diehl Road also to be straigh- tened out^and that may cost some money. The Committee would recommend an exchange between a little of the Chiesa land and some of the back land of Gragg. It did not negotiate with Gregg. He said there are people who say if the Town took the Bull -Chiesa site, it could be had for less than $2300 an acre. Mr. Maloney.: said that there has not been a piece of land sold in Lexington for $2300 an acre or even half that amount for back land. He said Mr. Lidbergts land sold for less than $1,000 an acre. Mrs. Morey said that over X7,000 was paid for the Fiske School site with a little frontage on Adams Street * with the Chiesa -Bull site. 178 and one,house lot on Colony Road. The price for the land was between $1800 and $2,000 an acre. *She said that is where Chiesa set his price and that having been done across the street is something that has to be dealt with, Mr. Maloney said that there was good front land at the Fiske School. Mr. Greeley said he thought there was a differnnee between what it is worth and what the Town would get under eminent domain. Mrs. Morey said that at least eight acres of Lidbergts land is no good, and he knows he can't build houses on it. Mr. Greeley said that all the Bull -Chiesa land is high except a littlel bit of the Bull land* high in elevation, is a little soft and damp in wet weather but can be drained because it is very high in eleva- tion. He said the Committee feels that the Bull -Chiesa site is worth the additional cost. Mrs. Morey said that there is one thing that should be considered and that is the traffic flow and access to both sites. It does increase the value of one over the other. She said she is aware of the traf- fic flow in that area. Mr. Greeley said the difference between the sites are 1) quality of land and it is a clean fact that the Lidberg site with two or three acres of Millican's would make an adequate location for the school building itself on good high gravel but other than that the Bull - Chiesa is much better land and a much better site, The otheritemis tl.e point of access. As long as a sig- nificant number of the children who go to that school will be coming from He.vera'Street. distance access situation is in favor of the Bull - Chiesa site. Mr. baloney asked what the cost for access would be on the Bull -Chiesa site in comparison to the Lidberg site. Mr. Greeley said they made a rough comparison of the two sites based on where they thought the school would be located on each site, and, as nearly as they could estimate, there was not a 10% difference between the two sites, slightly in favor of the Bill -Chiesa site. He said in addition to that there probably should be added a figure of several thousand dollars for more grading on the Bull -Chiesa site than in the ]Lidberg site when it comes to developing the athletic field facilities. If the Lidberg is just grading without any special under- * 10 years ago. 1 179 ground facilities there would be more cost of grading on the Bull-Chiesa site. He said the fact remains, for the Lidberg site they go away down to East Street and then a distance back into the site. From the same area they go in Coolidge Avenue and Diehl Road with a walking distance of one-third of a mile. There is a walking distance of about 1,006 feet for those children coming from_Revere Street Mr. Tucker asked what would happen for the next ten years if the Town does not buy the Bull-Chiesa land, and Mr. Greeley said that undoubtly Chiesa would continue to farm his land and Bull will leave it there until he dies. The Lidberg land is going to be on the market by Lidberg unless this Spagnuola can make a deal to pick up the option he has now. They feel at times they will have to sell part of it to the Town in order to get money to develop. the other half. Mr. Tlipker asked what benefit would be to the Town fromiperty if it is not purchased by the 4Town. Mr. Greeley replied that if the Town buys the Lidberg property, the Chiesa land will remain farm land until such time as it goes into good development. If the Town buys the Chiesa-Bull property, the Lidberg land will go into a low-grade development, or a better develppment than this group will do. Mr. Maloney asked how long the option runs on the Lidberg land and Mr. Greeley replied that Spagnuola says the deed has not been recorded. Mr. Greeley said in talking $45,000 for this, it is not just in terms of, land, but also for a road. For the thirty-five acres $25,000 or less. Mr. Maloney pointed out that they a good road. Mrs. Morey said that the-develowetaldlAveto put a road in over to the,school property with sewer and water and there will be no betterments, Mr. Tucker asked if the Planniriiboard wanted the road fifty feet wide and Mr. Greeley replied in the af- firmative. He said when the Planning Board was con- sidering the whole site as a subdivision they mapped out a direct road frog Adams Street to Burlington Street. They insisted that the road be not direct and used as a cutoff. The Chairman asked how the Board felt. He asked if the members wanted to look at the sites and then discuss' the subject with Mr. Stevens next Monday. Mr. Maloney said he._thought the Board should go through these places with some members of the Committee reimbursment they will get would be getting 180 who have looked at them and have the advantages and disadvantages pointed out. Mr. Tucker agreed. Mr. James said they should have some fairly accurate site development figures. He asked if the figures Mr. Greeley had were •reliable. Mr. Greeley said they are reliable if they have assumed the right place for the location of the school. He said the unit cost ®4 figures were obtained from the Engineering Department and he thought they were very nearly accurate. However, they don't pretend to in- clude the figure for grading. He has not had any estimate as to what it would cost ° to grade ore Site in comparison to the other. All that was put in for a storm drain was a main drain, and no borings have been taken. Mrs. Morey said that perhaps borings should be taken. Mr. Greeley said he was not opposed to borings bat unless a sizable amount is spent to get detailed borings, nothing much will be proved. • Mr. Maloney said at least they would be sure. Mr. Greeley explained that down lower they have the routes of what was encountered when the sewer was put in. It was agreed to meet on Saturday afternoon:at 2:30 at the Fiske School driveway. Mr. Greeley reported that since the Town Meeting at which they said they had an option of $8,000 for Mrs. Smith's property, they have negotiated with Andrews who could not be reached before Town Meeting. He wants $7,000 for five acres of his land which is good cleared land adjacent to the Smith property. He said they would like to go ahead with that. Mr. Andrews is subject to be called in the Naval Reserve any•minute or will be put on an oil tanker and would like to clean this up if he can, this month. He said Andrews' land is not better than'Smith's but it is cleared. He would sell the middle five acre•-squaref keeping all the frontage on Robinson Road ana i;ne Lot on Grove Street. He said per- haps he would not have agreed to this figure unless he knew this was all the money left in the appropriation. He explained that the Planning Board has not yet com- •pletedarrangements with Techbuilt. This is on the assumption that there will be a way to give access to the back of the property because Robinson Road does not go beyond the•Anderson property. He said if Anderson goes along with squaring off the lot, the next step is a survey. He said Anderson's property had not been sur- veyed.for a long time and he wad supposed it means a survey before purchasing it. r N 1 181 Mrs. Morey said if he would cut off the corner, it would be worth a little more money. The Chairman agreed to arrange for a survey when he hears again from Mr. Greeley. Mr. Greeley retired at 8:25 P.M. Mr. McQuillan and Dr. Cosgrove, of the Board of Health, Mr. ,& Mrs. Barnes and Mr. Esserian met with the Board, Mr. McQuillan explained that Messrs. Barnes and Esserian have submitted a proposed site for a hospital Board of between Massachusetts Avenue and Lincoln Street, above Health re: Audubon Road. The Board of Health has contacted all Hospital the doctors in Town and received answers from most of then as to how they felt about the need for a hospital. He said there is no question about the need. Every doctor in Town says there is a need, and in the future the need will be greater. He said Lexington patisnts are not supposed to go to Concord and the ninety beds in Arlington Symmes Hospital are not sufficient to cover the needs of Arlington alone. In this area there should be between 200 and.262 beds. The doctors all see a ter- rific need for a hospital facilities. He said that Lexing- ton is the only town in this part of the State that has not even thought of hospital sites. For that reason -the Board of Health feels it is its duty to bring this to the attention of those who should be interested. He said the Board of Health would like the Selectmen to , see the site and also would like them to appoint a hos- pital committee to make a proper study of this and to start the thinking along this line if not for now, for the future. He said the Board of Health does not know about purchasing land, but the Federal Government. pays 40% of the cost of the building. He said most hospitals are built by the people raising the money. However, the first thing is perhaps a site which might bring about thinking of the need for a hospital in the future. He said he does not know how much these gentlemen want for their land. , Mr. Esserian said that the land/orf Masachusetts Avenue adjacent to the water tower and presented the Board with a plan of 11i acres. He said the subject of the lai has not been discussed with anyone except Mr. Snow who suggested that they contact the Board of Health. They have not discussed the matter with any developer, and they are not professional real estate people. Mr. McQuillan asked how much the land is worth an acre. 182 Mr. Esserian said it is a paper idea now. Mr. Maloney asked,how many acres were involved and Mr. Esserian replied about twenty-two. Mr. Barnes explained that there are two lots sold with a reserved roadway between the two. lots. The Chairman explained that the Selectmen have not had any idea relative to a hospital and the first they knew about it was through the Board of Health. Mr. McQuillan said his Board thought they might bring to the Selectmen the need of a hospital and the, need of a site. He said they have no idea what can be done about this. The Chairman said that certainly a reason would have to be given at a Town Meeting for purchasing the land. Mr. McQuillan said that the Board of Health is not pushing this piece of land but it looked good. Mr. McQuillan asked if a committee should be ap- pointed by the Selectmen or through a Town Meeting. Mr. aures explained that in either case in order to provide money for the committee to work with it would have to go before a Town Meeting. The Chairman said that the Selectmen -would dis- cuss the subject further relative to the advisability -of appointing a committee and said he assumed it should be appointed by vote of the Town Meeting to give it an of ficial capacity and also to provide for money. In that way, it could be determined if the Town would consider a hospital. If such a committee is approved, it would indicate that the people would lile to consider such a project. He said at the present time, the next Towan., Meeting will be in March. Mr. Esserian asked if a committee could be ap- pointed prior to that and the Chairman explained that the Board could appoint it. but it would not beap- pointed by the Town and there would be no money avail- able for such a committee. He said there is a possi- bility of another Town Meeting before March and it might be considered at that time. Mr. Esserian said he did not think the Town Meet- ing itself was the answer. He said the whole thing may take over a year and he is not here to push it but on the other hand there is always some sort of assurance that it can obtain a working relationship. He said if that could be had, it would be covered in their minds and they would agree to have this land presented in sora form to the Town. Mr. James said that personally he thought it was a good idea to consider the advisability of a hospitalain the Town, but he thought the Town or this Board could not do anything in establishing a working relationship lume j 1 183 or anything else without a Town Meeting. The com- mittee could work on this site or some other and come up with_a recommendation which might not be this site. Therefore, he did not feel that the Board could come to any understanding. Mr. Esserian said he did not want to make this land. available to anyone else and he might be happy with a personal relationship. They could go into another chan- nel and not waste a year's time. The Chairman said that the only thing the Select- men can do is to suggest that an article be inserted in the warrant for the Town Meeting to appoint a com- mittee and that is the only assurance they can give. Mr. Barnes said if the Town does not takd the land, it has many uses. Mr. Esserian approached him with his land and he thought it would be better for institutional purposes because of the location. He said if the Town likes it perhaps it could be used for that purpose. If the Town soes not like it, it will have many other uses. He said he was aware of the fact that the Selectmen do, not have the power th enter]nto any agreement to put - chase the land. The Chairman explained that the Selectmen would have to go to. Town Meeting for authority to purchase land. Mr. McQuillan said if this could be presented to the Town Meeting and they feel a committee should be formed to start a study of the matter°,. the Board of Health would feel that it has done its duty. The Chairman asked if the Board of Health felt strongly enough about this to carry through on such an article,. Mr. McQuillan said that he did not care who puts the article in, either the Board of Selectmen or the Board of Healthi The Chairman asked if the Board of Health:fdit the Town needed a hospital enough to write the Select- men requesting that such an article be inserted in the . warrant and Mr. McQuillan said he wou]d be pleased tp write such a letter. Mrs. Morey said that the SymmesHospit-al is a ._private hospital and asked if the Board of Health was pnoppstng that the Town obtain a site and then hope some day someone will contribute the money for tt. Mr. McQuillan replied that it exactly hid idea. The group retired at 8:55 P.M. Mr. J. T. Vocell, of the Vocell Bus Co., Billerica, met with the Board relative to his application for a license to operate buses in Lexington. Bus License 184 The Chairman asked how many stops they plan to have in the proposed route area, and Mr. Vocell re- plied that he has not gone onto it to that extent. He said if it has a bearing on the license, he sup- posed he could designate them. Mr. Vocell explained Vat he has to obtain aper- mit from Lexington but on the whole his interest is to get back to Woburn again. The Chairman asked if his idea is for Woburn patronage, and Mr. Vocell replied in the affirmative. The Chairman asked if the buses would stop only at the corner of Lowell and Woburn Streets and then again•at the corner of East Street. Mr. Vosell said the potential is not too great as far as Revenue is concerned. Mr. James asked if it would always be in that direction and Mr. Vocell replied that it is much easier.for a bus to go up over Lexington Street and down Russell Street because the incline is greater. Mr. James asked if he intended just to make the loop in that direction and he replied inthe affir- mative, The Chairman asked if he had any idea what he would establish for the fare and Mr. Vocell replied that as it is now, they have a. ten -cent fare from Woburn to Woburn over the present route. He may add ten cents to cover the extension. Mrs. Morey asked if he provided school bud trans- portation and he replied that he did last year but did not bid this year as they were in the prosess of building schools and he was in continual hot water changing passergers from one school to another-. He said he provided school transportation in New Hamp- shire and has for about forty years in Billerica. Mr. Maloney asked if he intended to ride Lexington people if they wanted to ride and he said he thought the people in the area could use the bus and he could use the extra revenue. It might be a better way:for them to get to Boston, as he has a schedule connect- ing at the White: Spot to Boston. He said when his petition goes before the Depart• meet of Public Utilitieshe said he might run into restric- tionsplaced on the route by the Middlesex add Boston. Usually they give the prevailing lines 1,000 feet pro- tection. Their exisiltng route is Countryside . He said he did not know how that would affect the would be pat- rons on his line. He said if the Board could do -anything to keep 1 1 these restrictions out it would help him. The Chairman said that the Board would probably be notified of the hearing and Mr. Vocell explained that he has to have a local license before he goes to the Department of Public Utilities. Mr. Vocell retired at 9:05 P.M. Upon motion of Mrs. Morey, seconded by Mr. James, it was voted to grant a license to the Vocell Bus Com- pany to operate motor vehicles for the carriage of pas- sengers for hire upon certain ways or streets in the Town of Lexington as follows: Over Woburn Street to`junction of Lowell Street; over Lowell Street to junction of East Street; over East to Woburn Street. Chief John W. Rycroft and Richard A. MacInnis, applicant for position of patrolman, met with the Board. The Chairman said that there might bea little repetition but two members of the Board were not present at the last meeting and would like an opportunity to talk with him. Mr. Tucker said one item he was wondering about was the headaches that Mr. MacInnis mentioned and asked how much they bothered him. Mr. Maclnnis said that, he has not lost any time at work on account of the headaches. Mr. Tucker asked haw long he has had them and he replied since 1948. Mrs. Morey asked if he had medication which re- lieved them and he replied he takes aspirin. Mrs. Morey asked if he would be able to continue on duty if he had a headache and he replied that they do not lay him down. Mr. Tucker asked why he wanted to be a patrolman and he replied that he thinks the position has more Advancement than some jobs and it has been an ambition of his, Mr. Tucker asked what there is about police work that appeals to him and he replieb. that it would be difficult to answer that question; Mr. Tucker asked what branch of the service he was in and he replied that he was in the Army Infantry, overseas, Italy. Mr. Tucker asked if he were married and he replied in the,affirmative and said he has one child. S� LTa 1.1itmq 98I Mr. Tucker asked how his wife felt about it and he replied that she is very happy. Mr. Tucker asked if he had any police work in the army and he replied that he had soigne. Mr. Tucker asked if he had any special training in police work and he -replied only what he picked -up. Mr. MacTnnis retired at 9:20•P.M. Mr. Albert W. Koch met with the Board. The Chairman explained that two members of the Board who were not present at the interview last week may have some questions to ask. -Mr. Tucker asked why he wanted to be a policeman and Mr. Koch replied that he enjoys that type of work. Mr. Tucker asked how he knew and he replied that he has friends in that line of work.. He has talked to them and ridden with them and the work appeals to him. Mr. Tucker asked if he did any shore patrol duty and he replied some. Mr. Tucker asked where he served in the Navy and he replied he was on a destroyer out of Norfolk. Mr. Tucker asked if he wanted to make this his life work and he replied in the affirmative. Mrs. Morey asked if he were prepared to stand in the hot sun on'"Massachusetts Avenue for three hours in the summer and he replied that is part of the job. Mrs. Morey asked if•he were born in Lexington and he replied in the affirmative. Mr. Koch retired - at 9:24 P.M. Mr. Kenneth M. Cox met with the Board. The Chairman explained that the two members of the Board who -were not present last week may have some questions to ask. Mr. Tucker asked what prompted his desire to be a policeman and asked if he had a member in his family on the force. Mr. Cox said no one in his family is on the force and he has always admired policeman and wanted to be one.; Mr. Tucker asked if he was in the service and•he replied int he negative. Mrs. Morey asked if he were ineligible and he re- plied that he was married and has two children. Mr. Tucker asked if his health were good and he replied in the affirmative. Mr. Tucker asked if he had planned to attend college and he replied that at one time he had had the ambition -of going to college but never made it. S81 Mr. Tucker asked what he was going to do in college and he replied that he wanted to be an athletic director. Mr. Tucker asked if he played football and he re- plied that he played football and also was on the track team. Mr. Tucker.• asked how his wife felt about joining the force and he replied that she thinks it is a good idea. Mr. Cox retired at 9:29 P.M. The Chairman reported that he had requested an extension of time on the appointments. Mr. James asked if the Board was going to appoint two or, three men. The Chairman said he had not requested three be- cause he did not know if that was what the Board wanted. The Chief into Civil Service and was told if the Board made/request, the ~third appointment could be made. He explained that the Chief has sufficient funds in his budget, but legally a new man must be appointed by December 4th. The Chief said that the question is how wrong is it to appoint the third man. The Town must have some rights, and to wait from last April for, the list. Mr. James said that the Board would appoint two replacements. Mr. Y'aloney asked how the Chief felt about the need for three men and he replied that he could use them. It has been difficult since last February. If something out of the ordinary comes up, he would have to depend on the men who are off. He said that he has been on the desk himself for hours because he had no man., He has been taking care of the churches on Sun- days by paying the men to work half a day, and it has been difficult to fill Sunday details. Mr. James said that he would like to know from Town Counsel what difficulty the Board couls get into by appointing a new man at this time. He said his selebtion would be Maclnnis, then Cox, and Koch third. Mrs. Morey said she would be in favor of appoint- ing,Cox before Koch becasue he is a little older. Mr. Maloney said he would prefer Cox of the three. Mr. Tucker asked about Koch and his status as a veteran., Mr. James said the Board could advise Civil Ser- vice that in the opinion of the Board of Selectmen, upon examining the three candidates, it appeared that Koch seemed more immature than the other two. 187 188 Parking Mr. Tucker said that the Board could say he was not appointed because of a degree of immaturity which he'undoubtedly would be able to overcome. • Mr. James asked about the procedure if Town Counsel is ofF-:the opinion that the Board can appoint. the third man. The Chief said that the Board should write a let- ter amending the previous request and state that it - now eants to appoint a man for a newly created posi- tion, and furthermore, Earl P. Anair did not indicate any interest, and did not send in a reply. The Chairman said it was about time that a11 day parking was eliminated in the center parking areas. The Chief explained that at this time of the year he usually writes the merchants on the subject and now they are waiting for him to write the letter and sug- gest where their clerks can park. Chief Rycroft retired at 9:55 P.M. The Chairman called the Board's attention to the fact that Monday, December 24th is the day before Christ;»: mas and Monday,, December 31st is the day before Christmas New Year's. He asked if the Board wanted to close the Town Office at noon the day before Christmas. It was agreed to hold the Selectmen's meetings on Wednesday, December 26th and Wednesday, January 2nd. Bids on Bids were received for a Gang Mower as follows: - Power Mower The Clapper Co. Sewer 1 'Toro Park Master Tractor and (Allowing for trade-in, 1949 Cash discount, 2% Net Mowers Outfit model) $3060e00 61.220 $2998.80 Sawtelle Brothers Worthington Model G Tractor, F.O.B. •3645.00 Trade-in allowance 500.00 Net Upon motion of Mr. Maloney, seconded by Mr.41ucker, it was uaanimousley voted to accept the bid submitted by The Clapper Co. The Chairman read a letter from Allen C. Church, amending original petition for installation of a sani- tary sewer in Winthrop Road. 1 189 'etitdfn was received fron Anthony J. DiRocco, et als requesting installation of a sanitary sew in Dunham Street. The Chairman explained that presently there is no sewer available in the area. If the sewer is installed Sewer in Utica Street, a proposed 1957 project, this area might be reached. The Chairman read a letter from Brewer & Lord rela- tive to the Agents who are to participate in the dis- tribution of commission on Town insurance. The list Insurance has been checked and, to the best of their knowledge all of the Agents are engaged in the insurance business; the only change being Mr. Norman Downs, T,tho has moved to Cambridge. It was agreed to remove Mr. Downs from.the list but not to allocate his precentage for the time being. Further reference was made to Mr. Herbert M. Collin's letter relative to sewer and.water betterment assessments on lots 33 and 34 Robbins Road. It was agreed to send Mr. Collins a copy of the Robbins Rd. detailed report submitted by the Public Works Department betterments and to advise if he has any further questions to male an appointment to discuss the matter with the Board. Letter was received fromt he City Counsel, North Adams, together with a Resolution with reference to enactment of legislation providing for a sales tax. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to renew the following Licenses: Licenses Resolutions Joseph Trani, Inc. 1757 Mass. Ave. Berman's Market, Inc. 12-14. Mass. Ave, Lex. Liquor Mart, Inc. 184.9 Mass. Ave. Pak: -.Goods. Str. Renl. 9 n 7 IF if 1? Fb N Letter was received from Governor Christian A Herter advising that the International Rescue Committee is conducting a nation-wide emergency campaign to help the suffering Hungarian:.:.people in their bid for free- dom; the New England quota having been set at $200,000. Governor Herter is hommniry state Chairman for the drive and asked that the Chairman of the Board Hungarian serve in/ imilar capacity for this committee, as Relief well as appoint some other person to guide actively the local committee. It was agreed to give the subject some publicity in the local newspaper and adivse where contributions may be sent. The Chairman said he wou4d call the Boston Office for further information. 190 Tax title Tax title Tax title Tax title Further consideration was given to Mr. George Holton's offer to purchase tax title lots 534 and 535 Butler Avenue. It was agreed to entertain an offer of $800 plus $191.60 sewer betterment assessment, and to request Mr. Holton to let the Board know if he is stillin- terested in acquiring the property within the next ten days. Further conddderation was givenTr. Francis Carota's offer of $300 for tax title/I46 and 147 Tarbell.Avenhe It was agreed to entertain an offer of $800, and to request Mr. Carota to ley the.Board know if he is still interested in acquiring the property within the nest ten days. Further consideration was given to Mr. Oscar W. Carlson's offer of $400 for tax title lots 53 and 5L1. Rockville Avenue. It was agreed to advise Nor. Carlson that the Boatd is willing to sell the lots but is of the opiniom that the amount offered id unreasonable If he will submit a fair price within the next ten days,.the Board will consider the subject further and advise him of its decision. Further consideration was given to David W. Walsh's offer of $300 for tax title lots on Alpine Street, Colonial Avenue and Wood Street. The following action was taken by the Board. Lots 230-234 inclusive Alpine Street. An offer of $500 entertained and if the property- is sold and conveyed, the deed will•be so drawn as to. restrict the land to erection of one building. • Lots 236-265 inclusive Wood Street. Mr. Walsh to advise the Board of his reason for wanting these particular lots because insofar as it can be determined, he will be unable to obtain a building permit. Lots 223-226 inclusive Colonial Avenue. In the opinion of the Board it would be in the best interest if the Town not -to dispose of this property. The meeting adjourned,at 11:10 P.M. A true record. Attest: -Exec lerk Selectm, iamol 1 SELEC TMEN ? S MEETING December 10, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Tow. Office Building, on Monday evening, December 10, 1956 at 7:30 P.M. Chair- manReed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. The following individuals were drawn for jury duty: Noble G. -Brace, cook, 19 Parker Street and Allen A. Jones, factory worker, 36A Woburn Street. Mr. Carroll retired at 7:35 P.M. 191 Jurors The Chairman read a letter from the School Com- mittee expressing concern because the Selectmen did not act favorably on its request for an additional policewoman at the Maria Hastings School. The Chairman said it is his understanding that the children coming out of Paul Revere Road are com- pelled by the Policewoman to come up the side away from the school even though the sidewalk is on the other side of the street. Mr. Gayer said he did not dare put a tractor in there because there is no frost in the ground. Mrs. Morey said that there was money left in the sidewalk appropriation and Mr. Gayer said he was Police holding that for the State sidewalk and furthermore woman he believed it to be too late to put in a sidewalk. Maria The Chairman asked if the case could be put in Hastings now and Mr. Gayer replied that it depends on the School weather and he doubted very much if anything could be done this year. Mrs. Morey asked if the Chief could assign a Policewoman there at such times as it snows as a temporary solution. • The Chairman said that they have now included down to Route 128 and there was no question on that before. Mrs. Morey reported that she was talking with Mrs. Marek this morning and she asked if Mrs. Morey would ride up there with her some morning. 192 Mr. James said that personally he did not see that there is any new information which would cause him to change his mind. It was agreed that Mrs. Morey should ride up some morning with Mrs. Marek even though the Chief of Police and Superintendent of Public Works have already checked. Mrs. Morey asked if itis illegal for the Town to erect "Slow Children" signs on the street. Mr. Stevens asked.if she meant a sign that would protrude out on the street and Mrs. Morey said per- haps just a horse that would jut out in the gutter saying "Slow Children". Mr. Stevens explained that if it is in the street and someone hits it, and it is not an approved sign, the Town would be liable. , Mrs..Morey asked if the Policewomen could put the sign up in.the morning and pick it up when she goes off duty. Mr. Stevens replied that they could be put off the traveled way. He explained that signs put out that have not been approved might be ruled as a nuisance and a liability in the event damage is caused. If no one were hurt, however, there would Slog be no claim for damages. Children Mr. Tucker asked if special provisions were signs made for "Men Working" signs, and Mr. Stevens replied that the Department of Public Works approves those and grants the utilities companies permits, The Chairman asked if'a construction hors• could be placed on the side of the road with a sign on it. Mr. Stevens replied that if it is on the side of the road where no one is going to be involved in hitting it, that is different. The Chairman asked about a blinking sign and Mr. Gayer explained that they operate on a battery which is good for about a year. Mrs. Morey said It might be well to experiment with them, Mr. James asked how much that type of sign:wouid cost and Mr. Gayer said he did not know but would es- timate $50. The Chairman suggested, and the Board agreed, to wait for Mrs. Morey to report on her visit to the area and then decide what can be done. 1 Mr. Stevens said that he would review the subject. The Chairman reported that Mr. Delp, -18 Dexter Road, has a 351 fir tree that he will donate to the Town either as a Christmas decoration or to plant live. Mrs. Morey said it cost at least *200 to move it. Further reference was made to letter from the Collector of Taxes requesting abatement of ambulance bills, some of which dated back to 1950. Mr. Steft said that unless the individuals who were billed/In this area, there isntt much point in trying to collect them, but he could see no reason why they could not be collected from people living in town. The Chairman asked why ambulance bills could not be cleared up each year instead of letting them accu- mulate for so many years and Mr. Stevens said that would be a good idea. He referred to the accident cases and said that there may be a claim against the insurance company and if the Board knew both parties, it might be able to work out a collection. Mrs. Morey suggested abating all the bills up to January 1, 1955 and then have a concerted -effort made to collect the others. Mr. Stevens said he could see no reason why the people in Lexington should not pay. Mr. Tucker asked how far the Board could go and how -far it should.go. Mr. Stevens said that if there are a number of bills that should be collected, they could be taken to court. However, there does not seem much sense in keeping those en the books if it is not possible to locate teem. Letter was received from the Lexington Arts and Crafts Society, Inc. submitting the following names as candidates from that society to serve on the Historical Districts Commission: Mr. Philip B. Par- sons,18 Revere Street and Miss Elizabeth Burtch, 68i. Lowell Street. Upon motion of Mr. Tucker, seconded. by Mr. James, it was voted to sign an Order of Taking of sewer easement in Spencer Street and Hayes Lane, prepared by Town Counsel, as follows: 193 Ambulance bills Nominees for Historical Districts Commission Sewer easements 194 COMMONWEALTH OF MASSACHUSETTS Middlesex, s.s. Town of. Lexington At a meeting of the Board of Selectmen of the town of Lexington held on the 10th day of December, 1956, it is ORDERED: Whereas at a Town Meeting defy called, warned and held on March 5, 1956, namely at an ad- journed session thereof duly held on March 26, 1956 in accordance with the provisions of low applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby •.re authorized to install sewer mains, subject to the as- sessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen.., may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $103,000.00 of which *58,000.00 is to be trans- ferred from the Sewer Assessment Fund; and the bal- ance of $45,000.00 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 .5,000.00 ana la* sue bonds or notes of the Town therefor, to be payable• in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years.", and WHEREAS the Selectmen have determined that a sewer main should be located in the land hereinafter desoribed. NOW, THEREFORE, we, the undersigned, being a maj- ority of the Board of Selectmen of said Town of Lexing ton, duly elected and qualified and acting as such, hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Lays, and.all acts in amendment thereof and in addition thereto,. and of. any and every other power and aathoxity us hereto in any way enabling, take in the neme a.hd n. behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, re- move, replace, operate and forever maintain a san- itary sewer or sewers with any manholes, emtatikments, trl 1 1 walls, 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 wider the fol- lowing;.parcels of land in said Lexington and here- inafter described, namely: cel 1. A portion of Spencer Street bounded and decor be as follows:- Beginding at a point in the westerly sideline of Spen- cer Street, said point being northerly and distant 26.06 feet from a stone bound marking the northerly tetimidue of d curve of 20.00 feet radius; thence ' running North 190 28' 10" West distant 194.51 feet try said westerly sideline of Spencer Street to a point; thence turning and running North 590 15' 03" East distant 40.99 feet to a point in the easterly side- line of Spencer Street; thence turning andnning South 19° 28' 10" East distant 212.06 feet/did east- erly sideline of Spencer Street to a point; thence turning and running South 83° 58' 50" West dpetant 41.13 feet to the point of beginning; all ae shown on a plan entitled "Plan of Sewer Easement Lexington, Mass." datad August 1956, Whitman E&::Howard, Engineers,' tiv.:be recorded herewith. Parcel 2. A portion of Hayes:,Lane bounded and described as follows: - Beginning at a point that is the point of intersection of the southerly sideline of Fletcher Avenue and the westerly sideline of Hayes Lane; thence running North 00 50? 50" West across Fletcher Avenue and along the westerly sideline of Hayes Lane distant 263.38 feet; thence turning and running North 89° 09' 10" East distant 20 feet to.a point in the easterly sideline bbf Hayes Lane; thence turning and running South 00 50' 50 East along said easterly sideline of Hayes Lane distant 258 feet; thence turning and running South 74° 5' 50" West distant 20.71 feet to a point of beginning; all as shown on a plan entitled *Plan of Sewer Easement Lexington, Mass." dated August 1956, Whitman & Howard, Engineers, to be'recorded herewith. Said rights and easements in the above-described parcels of land are taken without interference with sr prejudice to the rights td 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 respective owners and their heirs, successors and assigns, all their respective 195 196 rights in and to the use of their lands lying within said above-described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid nights and easements`are taken and performs any work thereat, it shall be the obligation of the Town, to remove all surplus material and to leave the premises In reasonably thh same eonl- dition as when the entry was made. Any trees upon the land included within the above- described parcels of land are included within the taking. The land in which the aforesaid rights and ease- ments asementa are taken is believed to belong to the following named parties but if the nate 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. sushcland or interest is owned by an owner or owners unknown to us: Parcell. Andrew and Virginia Ken; Robert J. Jr. and Mildred F. McLaughlin; Ruth E. Noonan and Leslie R. Armstrong; and Harold F. and Mary J. Lynch. Parcel 2. Lena Paladina; Dekter R. and Janet W. Branch; Town of Lexington; and John M. and Angie P. Ingraham. Betterments have been assessed for these improve- ments and are set forth in the following orders for ccon- struction of dewers: order as to Spencer Street dated October 15, 1956 acid recorded ir}Middlesex South District Registry of Deeds, Book 881., Page 31, and order as to Hayes Lane dated October 15, 1956 and re- corded in said Deeds, Book 8814, Page 29. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this IOthe. day of December, 1956. ' TOWN OF LEXINGTON By Haskell W. Reed Ruth Morey Ralph H. Tucker Raymond W. James William E. Maloney Cal 1 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, S3. DECEMBER 10, 1956 Then personally appeared the above-named Haskell W. Reed, Raymond W. James, William E. Maloney, Ruth Morey and Ralph E, Tucker, known to me to be a maj- ority of the duly elected, qualified and acting Sel- ectmen of the Town of Lexington and acknowledged the foregoing instrument to be their free act and deed, before me, Hazel J. Murray Notary Pub ie My commission expires: November 29, 1957' Mr, Stevens referred to tax title lots 35 and 36 Hillcreat'Street and recalled that a group from that Street had met with the Board and registered their objection to, anyone building on one lot. He said he has drawn the deed for these lots without restrictions, but if the man should build, it might prove to be very embarrassing for the Board. The Chairman explained that the purchaser, Mr. Sullivan, had met with the Board and said that he was going to erect three houses on five lots; these two and three others that he owns. ' Mr. Maloney said that Mr. Sullivan had men- tioned going before the Board of Appeals for permis- sion to subdivide the lets, Mr. Stevens said that he would include some- thing in the deed whereby Mr. Sullivan will have to go to the Board of Appeals, Mr. Stevens referred to the Seabury easement and said -that he expected to have it drafted for the Board to sign this evening. He presented a plan that Mr. Gayer had approved, and stated that he has drawn a ,deed and sent it to Mrs. Seabury's attorney, She is down in the west Indies and it will be a week or so before it comes back. He explained that the deed covers lots A and B with easements being reserved there. The Planning Board is anxious to have Lot C Seabury included and the School Committee thinks it would be easement desirable. Seabury has indicated that they would sell it at an appraised value. The Planning Board's figure is $1,000, and Seabury's appraiser appraised it at 197 Tax title 198 Gasoline hearing $3,000 an acre which is ridiculous for it is land- locked. Mr. Stevens said if it had been realized at Town Meeting that he was not giving all the land to the Town, it might have been corrected. He said Seabury submitted a.plan that showed Lot B and the vote referred to Lot B. The Chairman said that he.may have more definite- information which he had for Town Meeting and would check.further for the next meeting. Mr. Stevens retired at 8:20 P.M. Hearing was declared open upon application of the Jenny Manufacturing Company for permission to in- crease the underground storage capacity of tanks at 384 Waltham Street from 8,000 gallons to 10,000 gal- lons. Mr. William A. Gott, representing the applicant, was the only person present at the hearing. The Chairman explained that the proposed in- crease in storage had been approved by B. J. Belcastro, Deputy Chief of the Fire Department. Mr. Gott explained that the purpose in requesting the additional storage is the fact that the company has come out with a third grade premium gasoline and needs storage for it at the station. He stated that he has been going around the various towns and cities in which stations are located requesting additional storage. The Chairman asked if the company proposes to install a 2,000 gallon'tank on the Marrett Road sites and Mr. Gott replied in the affirmative. -The Chairman said that all the abutters had been notified. Mrs. Morey asked if any structural changes were contemplated and Mr. Gott replied in the negative. He explained that one of the present pumps will be changed to a dual pump, but there will be no enlarge- ment of the building. • Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to grant a.license to the Jenny Manufact- uring Company for the storage of 10,000 gallons of gasoline ih underground tanks at 384 Waltham Street; an increase of 2,000 over the present capacity. Mr. Gott retired at 8:23 P.M. The Chairman read a letter from Warren Pitts, - et als residing on Deming Road relative to the problem - they are having due to low water pressure. The Chairman explained that every one of these houses are connected to a long service and there is no water main up there whatsoever. Mr. Gayer said that was correct. He explained 1 199 that a. long. service Dass put in in 1954 to #26; 700 feet of one inch pepper pipe. He said the only solution is to tnclude an item in the budget for a new water main from which the Town will receive Is Deming Road revenue because the people are getting water now. water Mrs. Morey asked if anyone construction a house on the street in the future would have to pay and Mr. Gayer replied in the affirmative . Mr. James said that a situation such as this would. have to be corrected. Mrs; Morey asked about the possibility of future water use, and Mr. Gayer said that the engineers ad- vise him that there is land there that can be built on. Mr. Maloney inquired about the size main to be installed and Mr. Gayer replied tat it would be a 6" or 8». He said there is a lot of land in the rear but he would not recommehd a large main due to the distance unvolved. Mr. James inquired about the cost of water main and Mr. Gayer said that it is $6.00. Mr. James said that he would like to include an item in the budget for next year. • It was agreed to advise Mr. Pitts that an item will be included in the 1957 budget requesting Town Meeting approval for the installation of a water main The Chairman read a letter from Ralph E. Chadwiek, Sealer of Weights and Measures, advising that the in- surance on equipment of his department is $1,000, The Weights & replacement cost warrants an increase in the insurance Measures to $3,000 if the equipment is to be kept in the open room where it is now located. The Board felt that no change should be made un- til the new Town Office Building_is occupied, at which time there will probably.he a more suitable place for Mr. Chadwick to store his equipment. Hearing was declared open, upon petition of the Boston Edison Company and location of ode pole on Waltham Street to service the Manhattan Builders new building. Pole Mr. Mahon representing the petitioner, was the location only person present at the hearing. Mr. Mahon explained that.dte to the urgency of the need for the pole, it has already been located. _Upon motion of Mr. Tubker and Mrs. Morey, it was voted to grant the petition and sign the order for the following pole location: 200 Pole location Waltham Street, northwesterly side, approximately 310 -feet southwest of Massachusetts Avenue, One pole. Hearing was declared open upon petition of the Boston Edison Company for permission to relocate one pole on_Lowell Street. Mr. Moho;•representing the petitioner, was the only person present at the hearing. Mr. Mahon explained that•the pole is being re- located because of the sidewalk. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol lowing pole location: Lowell Street, southwesterly side approximately 75 feet northwest of Haskell Street, one pole. (One existing pole to be removed.) The Chairman read a letter from Mr. Gayer advis- ing that Mr. Wentworth of the Boston Edison Company has submitted the following prices forbthe installation of underground street lighting at the Harrington School: Lighting Installation of 6 lights $2362.00 Harrington If one light only nearest School Lowell Street is installed with overhead wires, deduct 405.00 Cost of operating one 1000 lumen light per year is $21.17 plus fuel adjustment factor or approximate%? $22.50 each. :If 2500 lumen lights are installed, the operating cost per year would be increased approxi- mately $13.20 per light. The Chairman reported that he had discussed this subject with Mr. Tropeano of the Building Committee and he thought the Committee would agree to pay for the lights from its funds. The Chairman asked if the Board wanted 1000 lumem or 2500 lumen, and Mr. James said that he would reoom• mend 2500 as the result would be two and a half times as much light, • Mr. Maloney asked if the lights would go on the same as the regular street lights. The Chairman reported that Mr. Wentworth, of the Boston Edison Company recommends 2500 lumen for pro- tection. Mrs. Morey said that if the lights are on at tisaes. 1 201 when the school is in use, all right, but she could see no reason for lighting a school yard not being used better than the streets where people are walk- ing. She asked if a change could be made from 1000 to 2500. The Chairman explained that, insofar as the High School is concerned, the fixtures would have to be changes to get a higher unit.- Mr. Wentworth recom- mended 4000 lumen in the parking area but he and Mr• Gayer feel that 2500 is sufficient. He said he thought something should be done to increase the lights at the ' High School to 2500. • Mr. Maloney said better lighting would keep chil- dren away from the school. Mre. Morey asked if the Board was considering this from a point of protection or from a point of comfort for people parking. Mr. Maloney said he would think it was for both. The Chairman reported that Mr, Wentworth told him they were increasing the lights on many public buildings because of vandalism. Mrs. Morey'said if it is bright on one side, they will go to the other side. Mr. James said that 2500 lumen would be his recom- mendation. Mr. Maloney said he is in favor of bright lights even if it is only half. Mrs. Morey asked if, in the event it is decided that the area is overlighted, the lumen could be re- duced from 2500 to 1000, and Mr. Mahon replied in the affirmative. He said that 1000 lumen is actually 100 candle power. Mr. Tucker said that he also favored the 2500 lumen. Mrs. Morey said she did not like to overlight an area used only one or two nights but for eafety she would go along with 2500 lumen. The Chairman said that he would contact Mr. Tropeano. Mr. Mahon retired at 8:45 P.M. Mr. Ivan W. Douglas, 60 Paul Revere Road, met with the Beard, relative to his application for a First Class Agent's license. He explained that his location is now in the rear'of 1844 Massachusetts Avenue, Douglass Funeral establishment. Mr. James inquired about his business, and he ex- plained that he is in the hearse and ambulance sales business; Neer Ragland distributor for the'Hess & License Eisenhardt Company of Rossmoyne, Ohio. The vehicles are built to order in Ohio and about 80% of the cue tomers go to the factory for the new car and return 202 Sign with it. It is therefore necessary for him to give them a set of plates to enable them to bring the car back and register it. Furthermore, he keeps one car during the year as a show car for which he needs plates. Mr. James asked if this were an office opera- tion and Mr. Douglass replied that Albert Douglass, has rented him space for $1.00. Upon motion of Mr. -James, seconded by Mr. Tucker, it wab voted to grant Ivan W. Douglas, d.b.a. The I. W. Douglas Company, r-181. Massachusetts Avenue, a First Class Agent's license. Mr. Douglas retired at 8:55 P.N.'' Letter was received from Cblonel Dunlap, Bed. ford Air Base, together with diagram relative to' erection of a sign at the intersection of Wood Street and Massachusetts Avenue. The'purpose of the sign is to inform personnel of the hours of operation of access gates. The Chairman explained that the sign would also stop people from driving down Wood Street. The Board had no objection to the proposed sign at the intersection. Mr. Gayer said he would contact Colonel Dunlap and suggest that the other two signs be removed'. The Chairman readld a letter from Robert C. Johnson, Patriots Forest Civic Association, with" reference to his letter of October 22nd, re traffic control on Wood Street. ' Mrs. Morey recalled that the Board had talked about a number of Stop signs and inquired about the status of the signs. Mr. Gayer said that the signs had arrived at ' the Public Works Building today. Hp also said that Wood Street the Planning Board is making a detailed !,study of traffic Worthen Road and the first step has been taken. control +The Chairman said that he had no objection to applying for a Stop.; sign for Wood Steeet. Mr. Gayer explained that he would have to make a two-hour traffic study and submit it, together with a plan, to the Department of PublioWorks. Mrs. Morey asked that Five'Forks area be. included in the survey.for a Stop sign. Mr. Gayer informed the Board that he needed ad- ditional money'Zfor snow removal as a result of the storm yesterday. He said in talking with Mr. Palmer 10-4 1 203 he thought thesolution would be the provisions of Section 31, Chapter 44 whereby the amount is carried as a deficit and, at the end of the calendar year., it is taken out of the general fund. The Board of Selectmen and the Appropriation Committee sign the sheet and that.is it. He said he would have payrolls to meet this week. Mr. Gayer wasrequestedto go over to the Ap- propriation Committee meeting, -.find out the balance in the Reserve Fund and ask the Committee if they would consider a transfer. Mr. Gayer returned to the meeting at 9:25 with Transfer Mr. Palmer, Town Accountant..for Snow The Chairman asked what cold be done about Removal bills for snow removal and Mr. Palmer said that he had talked to the Bureau at Accounts today and said that Section 31 of Chapter 44 should cover the present emergency and could be paid out of any available funds. Re would declare to the Assessors that it is an over draft. The Chairman asked how much money ds left in the Reserve Fund, and Mr. Palmer said about $1,000. The Chairman said that the Reserve Fund would go only until December 31st and wondered if a transfer could be:'made as long as the money is available. Mr. James said that if there are sufficient funds in the Reserve Fund, he would like to use it. Mr. Palmer said as far as he knows now the Re- serve Fund is not going to be used. The Chairman explained that Mr. Gayer needs money to meet his payroll.this week. Mr. Palmer said he could have a telephone meeting. The Chairmen suggested that Mr. Gayer determine how much money he needs, advise the Town Accountant who then would poll the Appropriation Committee and ask for a transfer from the Reserve Fund. Mr. Palmer asked for a.covering letter when Mr. Gayer gets the -figure. The Chairman asked Mr. Palmer to explain to the Appropriation Committee that the Selectmen would like to use the Reserve Fund to pay the bills incurred by the recent snow storm. Mr. Palmer retired at .9:03 P.M. Mrs. Morey referred to the entrance of the muni- cipal parking area off Waltham Street and said that' the road is barely wide enough now that the new Manhat- tan Building is open. She said there should be No park- ing signs on the building side. No Parking 204 License renewals Mr. Gayer said the intent was that there should be no parking on the side of that building. Mr.. Gayer retired at 9:33 P.M. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to renew the following licenses: Countryside Del. 321 Elwell Inc. 55 Howard D. Johnson Co. Lex. Bowl. Inc,. 1698 Regent Del. Co. 1729 Mary A. Rowland 150 Woburn St. `Coma. Vic. Mass.. Ave. a Route 128 Mass. Ave. " Mass. Ave. Lowell .St. n M r n n Frederic R. Childs 409 Mass. Ave. 1st. Class Morris Motors 400 Waltham St. * Rowe -Jackson Chev. 39-41 Bedford St. Q Schragle Motors Inc. 3L. Bedford St. a Simonds Pontiae t..36 Marrett Rd. e q n Agent Reana a n e ft R Connors Bros. Inc. 1700 Mass. Aver, Package Goods Store Ron. Letter from the Division of Civil Service re Public Welfare Compensation Plan was held over. The Chairman read letters from R. L. Whipple, 57 Hancock $treat and Robert Fawcett,511 Marrett Road, resigning from the Personnel Advisory Committee. Resignations The Chairman said that he thought the Selectmen should try to work out some salary plan because of the time involved, , Mr. James said that he will have figures on. everyone within a week or two. He 'said he would like to bring Mr. Eberly in on this to show him what had been done and also to find out whether or not he has any ideas. The Board had no objection. - Further consideration was given to Mr. Salvatore 0ianino's offer of $100 for tax title Lot 7, Block 18, Tax title Reed Street, property The adjoining lot is only twenty -feet and the Board recognized that if Lot 7 is aold it will leave Lot 6 which could not be used. It was agreed to Mr. Gianino that the Board will consider his offer if he can acquire Lot 7. The Chairman read a letter from Joseph F. Fitzgerald, 32 Hillcrest Avenue, advising that he is Tax title still interested in purchasing lots 187-190 inclusive lots at the price of $400 entertained by the Board. lama N 1 Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted that a proposal to sell the lots be advertised in the Lexington Minute -man and that further consideration be given the offer at the next meeting of the Board. The Chairman reported that Mr. Bruce Wilkins, 15 Wachusett Drive, telephoned'the office and ex- plained he and Mr. Marvin Groll, who is purchasing the lot with him, would like the deed made out to them and their wives. Upon motion of Mrs. Morey, •seconded by Mr. Maloney, it was voted that a proposal to sell the lot be advertised in the Lexington Minute -man and further consideration be given to the 'offer at the next meeting of the Board. Letter was received from Mr. Joseph Dattoli again offering only $50 each for lots 63-66 in' elusive on Rawson • Avenue. The Board felt that the offer is too low and nothing further can be accomplished by continuing to correspond with Mr. Dattili. Mr. Buse's offer for the same lot is to be discussed next week. Further consideration was given to the appoint- ment of two police officers, and the Board decided not to send an accompanying letter to the Division of Civil Service explaining why Albert W. Koch, who received a higher mark than Kenneth M. Cox, was not appointed. The press release to read that•Cox is in 'line for next appointment. A meeting will be held on Thursday, December 20th at 7:30 P.M. for the express purpose of dis- cussing budgets for 1957. The Chairman was authorized to contact Mr. Madden, Chairman of the Appropriation Committee, and ask that the Committee make their decisions re budgets for 1957 without waiting for the Selectmen's action. The meeting adjourned at 10:00 P.M. A true record, Attest: 1xecttiveY/Clerkl. Select ien 205 Tax title Budgets 206 Church signs Street lights SELECTMEN'S MEETING December 17, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 17, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk,were also present. Mr. Stevens, Town Counsel, arrived at the , meeting at 7:45 P.M. The Chairman read a letter from Rev. Earl D. Haywood, Pastor of the Lexington Methodist Church, requesting permission to locate four signs directing the public to the new church building. The Board questioned the advisability of granting the request and felt that 1t would be more satisfac- tory t� discuss the subject. with Mr. Haywood in person. An appointment is to be madefor him to meet with the Board on Thursday evening, a special meeting called for the purpose of discussing budgets. The Chairman read a letter from Alice W, Cole, Secretary of the Lexington Grange, advising that on December 12, 1956 the members of the Grange 'voted unanimously in favor of keeping the street lights on all night. The Chairman was authorized to advise the Grange that the Board is considering' including sufficient funds in the 1957 Street Light budget for present- tation.to the Annual Town Meeting to:cover the cost of all night lighting. Mr, Gayer reported that a Mrs. Peterson, repres- enting the Grange, came in to see him today and said that she was going to request Town Counsel to prepare an article for the warrant on the subject and he sug- gested tat she discuss it with the Board inasmuch as it is being considered for next year's budget. Letter was received from Moon Hill Inc., C. E. Traffic Faflick, President, supporting the Boards action in signal recommending the installation of a pedistrian-operate traffic signal on Massachusetts Avenue in the vicinity of the Adams School and the East Lexington Library. Letter from the Lexington School Committee re additional policewoman for the Maria Hastings School was held over from last week. 1 Mrs. Morey reported that she went out at eight' in the ramming and watched the children going to school. Between the corner of Paul Revere Road and where the policewoman stands thereaare about sixty children. She said that when then can, they de walk on the grass which would ordinarily and a sidewalk would take care of that particular area. However, she went by today and Massachusetts Avenue was not well plowed on the right hand side and it was narrow, She said this is something that needs to be watched. She said that the policewomal where she is, is doing an excellent job. The children com- ing ott of school Street walk on the so-called sidewalk solely. The ones from Cedar Street are well disciplined and walk on the side. However, when they can't walk on the grass there is a problem. The drivers all know there was a traffic situation and were not going more than'twent five miles an hour. She reported that she told Mrs. Marek she thought the School Committee was reacting too promptly to everyone's complaint. Mrs. 2rgysaid that Mr. Stevens was going to find out/ThrIegality of signs that could be used during the day. She said she felt the School Com- mittee is a little overaensative about a complaint of one or two individuals. She said the mintte a d side walk is put in Paul Revere Road it will take care of sixty children. M'. Maloney said they have been operating thus way ever since school opened. Mrs. Morey agreed and said they are nervous about it. The people who go over the'street st 8:30 in the morning are well siciplined, The Chairman said that Mrs. Morey's report answered what the Board was after. Mr. Stevens'reported that when he checked with the Department of Public Works he found that in 1953' that Department did approve certain type of school police signs under Permit #77. They"sent them out as a permit to peach city and town that had Traffic Rules and Regulations that they had approved. These signs are supposed to be used only when school is in session and they represent to the motorists that school is in session. He said that type of sign may accomplish' what the Board wants. He said the only question about putting out any sign is whether or not they would be considered a defect or a nuisance if anyone hits one. He said they should be erected far enough into the snow so that there will be no danger if anyone being 207 Policewoman Maria Hastings School School Traffic signs 208 Tax title hit. Mrs. Morey said that she told Mrs. Marek she thought they could get along with signs and would not need the additional policewoman after the side- walks are constructed. Mrs. Morey suggested, and the Board agreed, that Mr. Gayer obtain some signs appropriately worded which could be put up and taken down by the policewoman on the days when walking'is hazardous. The Chairman suggested that the signs could be stored in one of the houses er kept in the trunk of -the policewoman's car. Mr. Maloney mentioned that the Coca-Cola people have signs they might be willing to give the town. • Mrs. Catherine Cummings, her daughter and son-* - law, Mr. and Mrs. Guy T. Murgo, met with the Board. The Chairman explained that the Board invited Mrs. Cummings in this evening because of the location of Lot 251 Wood Street and the relocation of Wood Street. He said that the lot does not now front on Wood Street any more; the part it did front on having been abandoned by the County. Mrs. Cummings said that her worry is about the pieee of read there. The Chairman explained by a plan that the lot under discussion now fronts on an abandoned road. Mrs. Cummings said that her daughter and son-in- law would lilac to build ore the lot and have purchased the two lots next to it. She does net have a deed to Lot 251 whioh she purchased from the Town. The Chairman explained that the Board has no ob- jection to selling the lot to her but wanted to make sure that she understood the situation. Mrs. Morey asked where the water supply would come from and the Chairman replied that there is water on Fairview Street. Mr. Stevens presented a plan and explained that there is just one Wood Street on the ground. At that time the people on one side of the street owned to the middle of Wood Street and t }e people on the other side owned to the middle of Wood Street. When the road was abandoned by. the Bounty these people still owned to that point. Tae land between this side of Wood Street and the old center line is now awned by the people on the other side of the street. He said he did not know who had title. 1 209 Mrs. Murgo said she was told by the engineers that she would be trespassing. The Chairman said that the Board does not object to conveying the land and when she went to the bank for a loan there might be some trouble and the Board wanted her to know about it. He said she would have to find out who owns the property pointed out on the map by Town Counsel. Mrs, Cummings asked how she -could find the .infor- mation and Mr. Stevens said that a lawyer would check it for her. The Chairman said that between the Assessors and the Engineers, Mrs. Cui*mings might be able to find out who owns the land, who is paying taxes on it. Mrs. Cummings said that a lawyer told her if the land wasnot put through land court the former owner could calim it. Thea0airman said that he might be able to find out who/ONvious owners were at the time of the.relo- cation, but that is all he could do. Mr. Stevens explained that the title would have to be run down by an attorney. The Chairman said that the Board has no objection to selling the lot. The town has the money and.the Board agreed to sell it, but felt Mrs. Cummings should know the lot does not front on Wood Street and unti 1 such time as it does front on Wood Street it cannot be built upon. Mrs. Cummings said that if the Chairman would give her that much information she would get a law- yer to start checking it. • The Chairman said he would try to get the •Warnes of the owners at the time of the relocation. Mrs. Murgo•said she would give it to a lawyer arad have the three lots cleared all at the same time. Mrs. qummings,rt .: and Mrs. Murgo retired at 8:20 P.M. Hearing was declared openuupon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to relocate one pole en Massachusetts Avenue,rsdutheasterly side, ap- proximately 120 feet southwest of School Street. Mr. Mahon representing the Boston Edison Company, was the only person present at the hearing. He explained that this is an existing Vo pole that they want to relocate to give relief to a drive- way for the new Methodist Church. 210 Upon motion 8f Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following j/o pole relocation: Massachusetts Avenue, southeasterly side, approximately 120,feet southwest of School, Street. Pole location Mr. Mahon retired. Mr. Stevens referred to exercising options on elementary schools and asked if the Board was all set to acquire the land owned by Smith aro Andrews. He said everything was all set as far as Smith is con— cerned. ttdrmentioned that there are two pieces of land on/Lnews property. There is a hen house referred t6 in the option which is on the triangle which is necesSsPq to get onto R binson Road. Mr. Gayer said his guess as to the cost for removing the hen house would be $2,000 as it is . quite d sizable building. M . Maloney said it would be cheaper to tear the hen house down than to remove it. Mr. Stevens said that in the option, he would like to limit this because he has quite a bit of land. Mrs. Morey said that there was supposed to be some negotiating with Techbuilt and if it.is she wanted to knew if the hen house would have to be removed even though the town does not use that portion of land, Mr. Stevens replied in the affirmative. Mrs. Morey said that Techbuilt ovines enough there so they should give the town an access to the school without going into this triangle. Mt. Stevens said what the Board is doing, is paying Mr. Andrews aid agreeing to move the hem house. The Chairman s aid he thought the Board should wait until it had sone type of agreement. Mr. Maloney said that he knew M. Andrews well enough to explain the town's position to him. Mr. Tucker asked if the Board Could put a money limit on the cost of moving the hen house, and Mr. Stevens said he would like to get it in the price because otherwise itwill exceed the appropriation. !4.,. Maloney said the lots on Robinson Road and the lot on Grove Street are for sale. The house and a good part of the land is not for sale. He asked where the hen house would be moved to. Mr. Stevens said if someone else purchased the land it might be a difficulty. Mr. Maloney agreed to discuss the subject with Mr. Andrews. At 8:30.P.M. Mr. William -G. Potter met with the Board relative to water betterment assessment levied against property owned by him and Mr. Charles E. Fer- guson and located on Grove Street. He said when the Town laid the water main on Grove Street they owned thirty-four acres. An abatement was granted for 2501 when the power line creased their property. He said the gas company made a; -taking of 401 for which no abatement was requested, and there were two little pieces on either side of the power line. He said they have 500 feet they actually- own ctually own with assessment of 740 feet, or a difference of 240 feet. The Chairman asked if he felt the frontage was not 750 feet and Mr. Potter said they were assessed for 240 feet more than what was there. The Chairman asked how many lots they had on Grove Street and Mr.'Potter replied sixteen. Mr. Gayer explained that Mr. Potter has lots 11, 12 and 16 left.. The Chairman asked if Mr. Potter was saying that in the beginning he never had 750 feet on Grove Stret. Mr..Potter said they never had it surveyed. The Chairman said that Mr. Potter is now being assessed for 750.4 feet or $75.04 and he actually has 410.feet. He asked what he -wanted to pay for and Mr. Potter replied 500 feet. Tie Chairman said as he understood it Mr. Potter is being assessed for 750.4 feet and he says there is only 500 feet so he wants an abatement of 250 feet.. The Chairman asked if Mr. Potter was willing to pay the betterment on the two pieties on either side of the gas line easement.plus three lots, making a total of 500 feet. Mr. Potter just agreed, and retired at 7:45 P.M. The following members of the Planning Board met with the Selectmen: Chairman Hathaway, Meears. Jaquith, Abbott, Grindle and Burnell. Mr. Stevens presented a plan and said it was as 211: Potter 'ac Ferguson water betterment 212 one endorsed as approval not required at a meeting last week. He said the town would receive a deed to lots A and B of the Seabury land subject to a sewer easement of ten feet across Lot B. The Palnning Board has made an offer to the Seaburys for an option for *!100 an acre. The group purchasing the'property' from Mrs. Seabury for the purpose of a hotel or motel is supposed to receive C as well as mest'of the land Seabury owns on the other side of Route 128. The attorney for that group understands that there has been discussion about the town acquiring Lot C. and as far as Mr. Stevens knows they are agreeable but the question of the price is not determined. John Groden, said he thought they would be willing to have some real estate man put a figure on it and that would be it. The Planning Board felt they should offer a cer4 tain amount based on a real estate man's figure. They have not come back with a figure other than to say a real estate man who appraised it for the group put a value of 0,000 an acre. Mr. Stevens said it was the Selectmen's understanding that at the time Ton Meeting authanized the easement all the land SeabOry awned between Route 128 and the school property was to be conveyed. Mr. Stevens said that there is'a question as to whether or not that was thought to befall the land or only a part of the land. It is Rohn Groden's feeling that the two things are seperate and that the, town should give them and easement for A and B and it something can be worked out on C all well and good. Mr. Maloney asked about the amount of land in C and Mr. Stevens replied 3.3. He said B has 2.7 and A between B and Massachusetts Avenue is 21.,800'squar4: feet. Mr. Maloney said there is over 3 acres in the two parcels and Mr. Stevens -said that wsca correct. `The Chairman said when he talked to Seabury be- fore Town Meeting he understood it would be all the land on this side of Route 128. He said he assumed from the drawing that it was all the Seabury land. As be recalled, Mr. Seabury said the land was of nQ+ use to'hiin on that side of Route 128 and he was willing to give it all to the town for the easement. Mr. Hathaway said when the Planning Board's discussions started with Seabury two years ago the land on this side Of Route 128 was discussed. At that .:time he told the Board he had no use for the on the other side and would be glad to discuss the town acquiring it or something to that effect. He said the discussion did not get to the detail of money. Mr. Grindle said he assumed that it did include all the land for the easement. Mrs. Morey said she thought the Board accepted what was drawn as being his land and at that point did not think it extended away beyond the Hastings School land. Mr. Stevens said there are three owners - the town, Innis and Grigor, The Grigors own land which is on the other side. Mr. Stevens said one thing Seabury has in mind for this is a sign location and wanted to know if the town acquired lot C there could be a sign on it. He said he explained that under Zoning laws land could not be used as a sign location so it would not be possible. 'He said the question is whether or not the Board should go through with the easement an lots A and B. Mr. Stevens said that the record title, as far as he knew, is in the mother*s name, Frida S. Seabury. He believed that Mrs. Seabury and her son have an interest in it. There are others in it with a dif- frent attorney. Everything was supposed to go when they got an easement from the town and the easement from the church. He said hlC` believed that they got the easement from the church. Be said He gave them a copy of the proposed easement but told them there was this question about lot C and thought they should know about it. He said'as far as he knew they had not had a real estate man look at it. Mr, Hathaway said it appears to him this evening that they are quite a long way from developing the land. They are preparing new plans for an access to Maraett Road and if that is the case they will have to come in for approval. The Planning Board feels Lot C is useful to the town as a recreational area to be used in connection with the Maria Hastings School. He said his Board feels it would be desirable to the town but does not think it is worth anything like 13,000. He said they had it appraised'by a 16ca1 agent who is reasonably familiar with the land. The Chairman asked how the Board felt and Mr. Jamesa he would like to see the Board press for at least/Dgal E if a lot that would form an extension of the southerly boundary of the Maria Hastings land down to 128. The Chairman asked if he wanted to extend the land down and Mr. James replied in thsaffirmative. At 9:10 P.M. Mr. Mortimer A. Seabury, Jr. Messrs. Bruin, Groden, Priestly and Hopkins met with the Board. 213 214 Mr. Stevens explained that the purpose of the �. meeting was to get together and straighten out what is involved before the sewer easement is granted. J said that the Planning Board is present having ex- predsed the desire to obtaining an option on Lot C. He explained that last week he did not have the ease. ment because it had not been typed. At that time the Selectmen said it was their understanding that allof the land owned by the Seaburys between Route 128 and the school lot was being offered to the town in return for the sewer easement. Knowing that time is important as far as the group is eineerned, he suggested this meet irg. He explained that the Planning Board was present for information so this can be settled. Mr. Groden said the first proposal was for 2i ares approximately, which abutted the school property. That was sent to all the Town Meeting members and that is what the vote of the Town Meeting refers to. That left out about -less than 2500 square feet on Route 128 and Massachusetts Avenue. He said that Sam and he went up there and saw that the town should own that. H then promptly agreed with him and said it should gg in and be part of the grant from Mrs. Sea - bury to the town. That was about 2500 square feet. At a further discussion about long-range it was felt that the .town should acquire the 3.6 acres additional on the southerly side. The school may have no present use for it, but in the long-range plan- ning it wouad be advisable for the town to own it. He said the Seaburys needed some of the land to trade with Grigor, an abutter who owns less than on -half an acre on the westerly side left after the 128 taking. He said that was the general discussion but the under.' standing was, he felt ks a citizen of the tewn that tie town should own it. There never was any discussion on price or how it should be arrived at. 'He suggested that some reputable real estate man here in town be selected and give an apprisal and maybe they would be bound by a gentlemen's agreement. Mrs. Seabury would• sell it and the -town would pay the price. He said again, there was no pressure. He said they have not any plans or future plans ofrany use for that property except for a sign pointing to the hotel on the hill, and that is about it up to this point. He said he might tell the Board that the Seaburys have entered into a contract to sell to a group. The deeds have not been passed hitt it'is under contract and it includes this 3.6 acres. He said he told Mr. Bruit. about the dideussions he had with Mr; Stevens and Mr. Snow and felt that the town should some way acquire that, and there was no • 215 objection to it. on their part. He said again, they did not have to de it because they did not need any of the proceeds to somplete their financing and it was a problem that could be done at the town's eon= venience. He said he also told Mr. Stevens and Mr. Snow that thy would not dispose of it at any time without taking it up with the Board and this is their present position.. He said they had an apprisal of $1,000 an acre. He understands from Mr. Snow's let- ter to him, on behalf of the Planning Beards that they had been advised $LOO an acre. He said he did not know what the Value is but suggested that these two appraisers get together and see if they used the same factors, or perhaps select solve other repu- table man in town. He said he did not care how it is done, but thought it was a problem seperate from this easement. They are not related to each other and never have been. The plan went out and the Town Meeting voted only en 2.6 acres. This land is under contract for sale January 15 and there has been very substantial mortgage which at this point is drawing interest so it is important. He said he has a deed of easement from the Methodist Church so.that pro- blem has been taken care of. He -said if the two ap• praisers could sit down and see if they weighed the same factors they might get closer together in price. He said he has felt the land is something the town should. ;stn and would like to repeat that he did not think one problem had anything to do with the easement which they are most anxious to have as soon as poste Bible. They are noN paying interest on a very sub- stantail amount the bank has committed to them for their basic construction mortgage. He said that how. evmr the Board wants to handle the price; have it re- appraised or agree on some local man to come up with a solution which is agreeable to them far this bal- ance of three and a half odd acres. The Chairman said that he was going to disagree as he felt definitely this easement is connected with lot Q. He stated that in his discussion with Mr. Seabury it was indicated to him, and he assumed, that all the land on this Side of Route 128 was to be given for easement. On the plan there was no way of knowing who owned it, but in looking At it one would assume that it was all the land the Seaburys owned. He said that even the Town Meeting members assumed that was all the land the Seabarys owned. He said he was very much suprised when Mr. Stevens brought up that the town was not getting it all. He said that the entire Board was under the impression that the town,was getting all the land. 216 Mr. Groden said that -he did have an earlier plan by Miller and Nylander which showed the other side. The Chairman said that the Board went on the one he has here, and .when one looks at it one assumed that tt is all the land the Seaburys owned. Mr. Seabury said he may have oversimplified and he could have shown that the lines abutted the piece adjadent to Massachusetts Avenue and the•Grigor's abutted the other piece. He said he had no intents m of creating confusionand there has been no desire on anyone's part to mislead. The Chairman said that the Board:does feel the Town should have lot C. He said: it ishis opinion that it is definitely eonneeted with the easement because of the Board's understanding that it was to be given to the Town in its entirety at the time. He said so far he has heard nothing to change his mind, and t.e Board feels that $1,000 is too high. The Planning Board's appraiser's figure was $400. It is landlocked and there is no acdess which was created by Mrs. Seabury in giving the Town Lot B. Mr. Beabury said he would have no access any* way. • The Chairman said that the Board feels $1,000 an acre for land which has no access and is in a residen- tial area is too much. Mrs. Seabury explained that he only purchased this land because tit was part of the acreage of the Bashin estate and they had to buy it. He said he could not speak for the group, but he would like - to be co-operative and have a conservative directional sign so anyone coming -south to Lexington would be able to make a turn' on exit 128. He said they have no desire. to try to promote the value of that piece. Mr. Hopkins said that he represented the people purchasing this property. The appraisal was made of the entire Seabury property so they would know how much to offer Seabury for the property, and it was explained to them what the individual parcels were. They want to F Paul.: Mongan' aitd vdsked h im t o appraise this individual parcel and he did so. He said there was no question that this man, the appraiser, was not aware of the lack of access mentioned. He said the fact that these people gave the Town property and there- fore landlocked themselves, should not decrease the value of the property.;' He said they have no desire to hold up the Town for $loo, $500 or $50. This property is of no value to them whets® ever except for a sign. They have to have something there so the people can find the hotel which is a $600,000 hotel, He said he is willing to speak for his group'and as far as he is concerned, they will give the land if the Board will make the proper arrangements to have some influence over whoever would'grant the sign to them. He said they do not want to injure the landscape, and they do not want a'quarter for the land. They will put it in the easement and that is it if the Board Will give then 250 square feet to put a sign on which will be tb the nearest part of the over- pass. Hesaid that is their offer to the Board"and he would call a spade a spade. If the Board goes along, it will be advantageous to everyone. Mr. Stevens said that just so there will be no misunderstanding, he wanted to ppint out that under the Zoning By-Law of the Town, land cannot be used for just a sign location. The Town'is subject to the Zoning By-law just as individuals are. He said whether or. not a varience would be given is another question. That is handled by the Board of Appeals and the are not under the 'jurisdiction of the Selectmen. Mr. Hopkins asked -if the Board of Appeals wouldn't grant the permission if it were-recommended by the Board of Selectmen and the Planning Board. Mr. Stevens explained that the Board of Appeals is not subject to the recommendations of the Punning Board or the Selectmen and their decision':can be appealed to the Court andocolerturned by the Court, Mr. Hopkins said they wanted a to their advantage to have the recommetiation of'the Board of Selectmen and the Planning Board whether this is correct or hot. Mr. Groden explained that Mr. Stevens was bringing up legal techiniealties. The Chairman said if the Board drew a line down to this point (indicated on the plan) it would leave a little piece which would give them an opportunity to go before the Board of Appeals to ask for permission to put the sign on their own land. He asked how large a sign they were talking about. Mr. Hopkins said that would be definitely up to them. His desire is to ha*e something one can reads just after the underpass. It should be something to tell the cars to go right, quick, and is not good St best. Mr. Priestly said no one was interested in getting into any thecnicalities, least of all the Board bf Appeals which he prefers to have nothing to do With now. At the moment there is no question. When they were putiing together this agreement, the last thing they were interested in, was getting involbed in any 217 218 litigation. They drafted the agreement on what they thought was good faith in line with this memo and plan as well as of the Town Meeting last March, which referred to 2,3 acres. On one occassion when he and Mr. Groden were working this out he had a telephone call from Mr. Stevens. At that time he told Mr; Stevens they would give the Town the first refusal without any thought of $1.00 or $1,000. He said ` the vote concerns Seabury!s 2.3 acres. Mr. Stevens said he would admit that at the time the vote was prepared he was not aware there was any other land owned by Seabury. He learned that afterwards from the Planning Board. Mr. Priestly asked if Bny deed now of the 3.3 acres was not something that would have to be taken care of at another date. The Chairman said tht the Planning Board has the authority to take options. • Mr. Stevens said the question comes down to whe- ther this should be settled now or not. He said he wants6to avoid that this would be given bar the Town for any sign permission. Mr. Priestly sadd a1J. they want is enough to round out their locus across the street with Grigor. Mr. Seabury said it involves about 24,000 feet which is useless to Grigor. Mr. Stevens asked what the proposal was now. Mr. Hopkins said he was willing to give the Town refusal. They do not want the land as they have no use for it. They do want thie sign and *ant the Board's help on that. He said the Board's help was important.. Mr. Stevens said that the Planning Board has of- fered to take an option at $400 an acre. The SelectMen think these things are ti#d together. Mr. Groden suggested that Miller and Nylander draw off the section the Chairma pointed out for a sign and have the option cover the rest if the land. He said they would then petition the Board of Appeals and if it is granted, -the Town has the option. Mr. Stevens asked how long it would take to de that; to prepare a plan to show how much they are wd1-. ling`to option to the Town at $400 an acre. He said they could not tie the sign in•it. Mr. Groden said that even if the Board of Appel does not grant a varience, the Board would have the option. Mr. Stevens said they were now granting the easement going through in accordance with the draft. At the same time there wou]d be an option granting the $400 an acre. Mr. Maloney said that if they received permission to put up ahe aignn, then for access to the sign they 219 would give up the land for $1.00. If they do not rec- eive permission for the sign, the Town pays $400 for the land per acre. The Town would be giving them ac- cess and they could be giving up the land. The Chairman said that the Selectmen would be willing to grant the easement under the conditions stated by Mr. Maloney. Mr. Stevens asked if he meant in writing and the Chairman replied whatever way Mr. Stevens felt it should be done would be agreeable to the Board. Mr. Stevens safe thought the group could aleazt this up/V18EP bank and Millar and Nylander. The group retired at 10:10 P.M. Letter was received from the Planning Board advising that they are still interested in ac- quiring for recreational purposes, land now owned by Antonio Busa. Since frrst proposing a site in t this area, the Board has received d' petition frour 61 Tax title citizens in the neighborhood askeng that a playground be established for the children who now must plan in the steeets. Rather than purchase the land fromMr. Busa, the Board- suggests that a number of tax title lots now owned by the town be exchanged forthe property the Board recommends that the Town acquire. The lots the Planning Board telt to be Worthy of consid- eration in such exchange are located on Circle Road, Hillcrest Avenue, Rawson Avenue and Rindge Avenue., Mr. Hathaway asked how the Board felt about exchanging with land Mr. Busa, The Chairman explained that the Board has not received any offer from Busa for land on Circle Road. He does not want to purchase land on Rawson Avenue, for which the Board also had an offer from Mh. Dattoli who is not willing to pay the Board's price. ., _t'- iit. Hathawag asked if it would be agreeable to the Selectmen fftbhe Planning Board were to work out' some arrangement with Mr. Busa with town -owned land that is available; The Chairman said that if the Planning Board would give the Selectmen a list of the lots in which they are interested, the Selectmen would hold them . The Plannign Board retired at 10:55 P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to dign an order granting a Sewer sewer easement to Frida Semler Seabury, prepared` Easement by Town Counsel, in the following form: 2.0 The Town of Lexington, a municipal corporation in Middlesex County and Cohntohwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the power conferred by vote of a Town Meeting held on March 26, 1956, a copy whereof ie hereto annexed, and every other power, in consideration of the con- veyance to the Town by Pride Semler Seabury, of Bos- ton, Suffolk County, Massachusetts; of the parcel ot_ land referred to in said vote, by deed_to be recorded herewith, grants to laid Frida Setter Seabury, and her heirs, devisees, successors and assigns forever, as owners er the land to which reference is hereinarter.,, made, the right and easement to lay, construct, maid•• tain, operate, repair, replace, and remove a sahitixy sewer pipe entirely iinde nahe surface of, and. with the right to pass alongrover the same for the afore- said purposes, a strip of land having uniform width of 10 feet across: the Maria Hastings School lot, as shown on a plan entitled 'Plan of Land in Lexington - Mass." dated June 2, 1956, Albert A. Miller, Wilbur C. Nylander, Civil Engineers and Surveyors, a copy of which is to be filed and bounded and dedoribed as fdl- lows: The denter line commences at a paint ih the westerly boundary of the Maria Hastings School lot, which point is southerly and 158.5 feet distant from lot 6A, as shown on said plan; thence running North 79° 1.2' 38" East distant 11.0.5 feet to a point4 t .ence turnning and running South 84° 17'22" East distant 520 feet to a point in the westerly sideline of Crosby Road;'thende running South 78° 17' 22!' Bast distantltD feet to a point in the easterly sideline of Crosby R ad; and said atrip extended fdr a uniform distance or 5 feet on each skde of said center linel all well shown on said plan, Said right and easement is hereby appurtant to so'much of Lot "B" as shown on a plan entitled "k Com- piled Plan of Land on Lexington - Mass."' dated March 22, 1954, Albert A. Miller, Wilber C. Nylander,'01v11 Enignerrs and Sirveyors, recorded in Middlesex South District Registry of Deeds as plan No. 289 of 1955, Book 8418, Page 592, as is now owned by said Frida Semler Seabury. This grant of said right and easement is subject to the limitations hereinafter set forth, and by the recording hereto said Fride Semler Seabury agrees for herself and her heirs, devisees, successors and assigns to perform and abide by the same; namely: 1. No entry shall be made upon work performed in that portion of said strip thst is included within Crosby Road, a public way, until a permit to open said road has been obtained fron the Superintendent of Public Works of the Town of LeXi ngton and all work performed therein shall be in accordance with 1 221 the provisions of such permit. 2. On each oocasion that the grantee or those claiming Under her enter upon said strip of land and perform any work thereon, it shall be her.and their obligation to remove all surplus material and to. - leave the premises in reatonably the same condition as when the entry was make. The land in which the aforesaid right and ease- ment is granted is represented by Certificate of Title No. 73673, registered in Middlesex South Registry Dis- trict, Book 492, Page 209. IN WITNESS WHEREOF the name of the Town of Lex- ington has been hereto affixed, and this instrument has been exeorted in its name and on its behalf by a majority of the Board of Selectmen and counter- signed by the Treasurer of the Town of.Lexington and sealed with the Town seal this 17 day of Dec- ember, 1956. TOWN OF LEXINGTON Haskell W. -Reed Ralph H. Tucker Ruth Morey Countersigned Raymond W. James James J. Carroll Town Treasurer Majority of the -board of Selectmen COMMONWEALTH OF MASSACHUSETTS • Middlesex, ss. December 17, 1956 Then personally appeared Haskell W. Reed, Raymond W. James, Wtliiamt-E:-Males ey, Ruth Morey and Ralph H. Tucker, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledge the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, Hazel J. Murray Notary Public My commission expires November 27, 1957 222 December , 1956 I, James J. Carroll, Clerk of the Town of Lex- ington,.hereby certity that at a Tows Meeting duly called,cwarned and held on the 5th day of March, 1956, in accordance with the provisions of law ap- plicable thereto, to witness at the adjourned session thereof held on March 26, 1956, the following vote was unanimously adopted. "VOTED: That the.Seleetmen be and hereby are au- thorized to grant a sewer easement to Frida Semler Seabury across the Maria Hastings Schooit lot in consideration of the conveyance by said Frida Semler Seabury to the Town of a parcel of land that consists of approximately 2.3 acres and abuts on said school lot and in which a sewer easement will be reserved; the instruments of conveyance to be in such form and to contain such descriptions, terms and provisions as the Selectmen by the execution or acceptance thereof shall approve." A true copy..' Attest: James J. Carroll Town Clerk Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to sign an Order of Taking. of proposed street from Depot Square northwesterly 152 feet, more or lasso -to Meriam Street as shown en a plan entitled "Plan of Proposed Street in Lexington, Mass. Scale: 20 feet to an inch, Sept. 28, 1956 Whitman & Howard, Civil Engineers, 89 Bread St., Boston"'. COMMPNWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the seventeenth of December, 1956, it is ORDERED:, Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be laid in the lteation hereinafter described and 1 223 having vomplied with the requirements of law relating to notice, did on the fifth day of ]November, 1956, lay out as a town way the way known as Proposed Street from Depot Square northwesterly 152- to Merian Street, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office-of the TonClerk :iia the 6th day of November, 1956, and whereas at an annual Town Meeting duly called, warned and held on the 19th day of November, 1956; in accordance with the provisions of law, applicable thereto, it was VOTED: To establish as a town way and accept the layout of as a tewn way, a proposed street from Depot Square northwesterly 152 feet, more or less, to MeriamStreet a8 laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk dated September 28, 1956, and to authorize the Seledt men to take by eminent domain, purchase, or otherwise .squire, ,any fee, easement or other interest in land n necessary therefor; and to appropriate for land ac- quisition and for the construction the stlm of $7,400.00 and to privde for payment by transfer of $7,400.00 from the Excess and Deficiency Account. NOW, THEREFORE, we, the undersigned, being a maj- ority of Selectmen of the said town of Lexingtoa, duly elected qualified and eating as such, do hereby under and by virtue of the provisions of Chapter 796f the General Laws and of any and every other per and authority us hereto ub aby way enabling, take/ Tht or easement to use for alk the purposes of a town way for the use of said Town of Lexington, the land in aaid toqn bounded bnd described as follows: Syartign at the moat northerly corner of Depot Square, thenee L54° 131 43" W distant 50.50 feet through the land now or formerly owned by John F. MacNeil et ux„ thence continuing N 54° 13' 43" W distant 102.36 feet through the land now or formerly owned by Geroge Smith, to the southerly sideline of Meriam Street, thence turig:, and running s 38° 56' 00" W distant 14.22 feet by said sideline to the most northerly corner of the land now or formerly owned Town of Lexington, thence continuing 3 38° 561 00" W distant 3.43 feet by said sideline, thence tur 1 g: and running S 54° 131 tom E distant 61.83 feet through land now or formerly owned by Town of Ludington to the land now or formerly owned by George Smith, thence 224 S 51° 034 00" E distant geet by land nor or formerly owned by George Smit$, to the north easterly corner of the lnad now or formerly owned by i,.n of Lex- ington, thence turnning and running N3;° 36t 30" E distant 0.49 feet by the land newer formerly owned by George Smith, thence turnning and run- ning S 54° 13' 13" E distant 71.53 feet through the land now or formerly owned by George Scott to the sideline of Depot Square,t once turnning and ren.- ning by said sideline N 44° 15, 47" E distant 17.t12. feet to the point of beginning. The above description is intended to conform to n plan entitled "'Plan of Proposed Streetin L exington, Mass. Scale: 20 feet to an ineh, Sept. 28, 1956 Whitman & Howard, Civil Engineers, 89 Broad Stagy:Boston", which plan is on file in the Town Clerk's Office in said Le 1 ngton and a copy of which will be recorded with the Middlesex South District Registry of Deeds with a copy of this Oder. All trees, if any, upon the land taken are includagd,. in this taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the o'wner of anyof said land or of any interest therein is not corrctly stated, it is to be understood that such land or inter- est is owned by an owner or owners unknown to us. OWNER AREA John F. MacNeil, et ux About 458 square feet George Scott About 711 square feet George E; Smith AboUdt 1,111 square feet` Town of Lexington About 106 square feet Betterments are not to be assessed for'this im- provement. And said Boardry,having considered the question of damages, hereby determines nhat no damages sustained and none are awarded.. WITNESS oat hands at Lexington aforesaid this seven. teenth day.of December, 1956. 1 1 225 Ralph H. Tucker Ruth Morey • Raymond W. James COMMONWEALTH 0P MASSACHUSETTS Middlesex, as. Lexington, Mass. December 17, 1956 Then personally appeared, the above named Haskell W. Reed, William E. Maloney, Raymond W. James, Ralph H. Tucker and Ruth Morey, and severally acknowledged the foregoing instrument and statement by them sub- scribed to be their free act and deed and the rase act and deed of the Board of Selectmen and Public Works of the Town of Lexington, before me, Hazel J. Murray Notary Public Mr. Stevens said he had a damage claim and ex- plained that on December 10th Mr. Charles Brenton had his town truck parked in the driveway at the Town Offices and backed it up, damaging a car parked behind him. The damage amounts to $60.20 and one Paul G. OtBrien is the injured party. Upon motion of 1 [r. Maloney, seconded by Mr. Tucker, it was voted to authorize Town Counsel to stttle the claim for $60.20. Mr.Stevens retired at 11:00 P.M. Mr.. Maloney brought up the subject of the Christ- mas creche about which he received a, telephone call. It was agreed that the Public Works DepartmEnt would arrange to deliver it to Custancets man who will erect it on the Common. Mr. Gayer retired at 11:05 P.M. 226 The Board gave further consideration to Mr. Joseph F. Fitzgerald's offer of $400 for lots 187- 190 inclusive on Hillcrest Avenue. A proposal to sell these lots was advertised in the December13, 1956 issue of the Lexington Minute -pan. No persons contacted the Selectmen's Office as a result of the advertisement. Tax title Upon motion of Mr. Maloney, seconded by Mr. Tuc*er,it was voted to sell and convey Lots 187- 190 inclusive on Hillcrest Avenue tp Mr. Joseph F. Fitzgerald, 32 Hillcrest Avenue The Board gave fu they consideration to Mr. Marvin Groll's and Mr. Bruce Wilkins' offer of $475 for lot 92 Wachusett Drive. A proposal to sell this lottwas advertised in the December 13, 1956 issue of Tax title the Lexington Minute -man. No persons contacted the Seleetmen'-s Office as a result of the advertisement. Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to sell and convey lot 92 Wachusett Drive to Marvin Groll, 19 Wachusett Drive and Bruce Wilkins, 15 Wach.sett Drive. -- The Chairman reported that Gerald Holton is very much interested in acquiring lots 531. and 535 Butler Avenue for which the Board entertained a, price of $8a . plus sewer betterment assessment in the amount of $191.60, but would like more tine in which to raise the money. The bank from which he obtained a loan for his house will agree to give him the money but will increase the interest. Mr. Tucker suggested,tand the Board agreed, to give him two months time. Letter was received from David W. Walsh, 9 Alpine Street, with further reference to tax title lots on Alpine andWood Streets. It waa agreed to invite Mr. Walsh -to meet with the Board on Wednesday, January 2, 1957 to discuss his offer and reason for wanting to acquire these lots. Tax title Tax title Upon motion of Mr. Tucker, seconded by MrQ. Licenses Maloney, it was voted to renew the following licenses: Mawhinney Motors Sales 581 Colonial Gargge, Inc. 1668 Five Forks Spa Geoffroy's Pharmacy Hancock Market Old Coffee House Village VdrietyrStore Bernard C. Goodman 1 Marrett Road Firstr Cl. Agts. Renl. Mass. Avenue "2 286 Lincoln SU Com. 316 Marrett Rd. " 6 No. Hancock a" 1775 Mass. Ave. " 93 Mass. Ave. 62 Mass. Ave. 227 Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to re -appoint Mr. James J. Appointment Connell to the Board of Assessors for a three-year term expiring January 1, 1960. The Chairman reported that a Mr. Emmons Whit- comb, 77 Wood Street telephoned the office to regis- complaint ter a complaint that Wood Street was not sanded at 7:30 this morning, The Chairman read excerpts from the Selectmen's meetings with reference to plowing Percy Road EXten- . Snow removal sion and Mr. Maloney reported that the,driveway is so constructed that trucks can turn around. No objec- tion was raised relative to removing snow from this street. Letter was received from the Lexington Histori- cal Society presenting the following nominations for the Historic Districts Commission for membership: Russell H, Kettell, Charles G. Davis, Tracy W. Ames and John ?. Rich; for 4e,soeiate Membership: Mrs. Robert C, Merrian. No definite action was taken, but the names.sug- gested for appointment were Messrs. Kettell and Davis from the Lexington Historical Society, with Mrs. Historic Robert C. Merriam as an Associate; Rev. Floyd Taylor Districts from the Cary Memorial. Library Trustees; Philip B. Commission Parsdfrom the Lexington Arts and Crafts Society, Inc, win B. Worthen, Jr. as the Selectmen's appointment. Further consideration is to be given the subject at the Special Meeting of the Board to be held on Thursday, December 20th. The meeting adjourned at 11:35 P.M. A true record Attest: oxen tive ft�lerl�, electm 228 Church signs SELEC TMEN' S MEETING December 20, 1956 A special meeting of the Board of Selectmen was held in the Engineer's Room, Town Office Building,. on Thursday evening, December 20, 1956. Chairman Reed, Messrs. James, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Rev. Earl D. Haywood, of the Methodist Church, met with the Board in regard to his request for location of signs directing the public to the new church,building. The Chairman explained that the Board had discussed the subject at its last meeting and there seemed to be a difference of opinion on it. He said that there was some question as to the proposed locations and also -that Maw_ Board would prefer to reduce the number nom four as re- quested. Mr. James explained that the Board was reluctant to establish a precedent that many others mitht want to follow. Mr. Haywood idaid that if it is not possible to obtain.permission for all of the ldicatsions they would like one if it meets with the Board's approval and if that is now possible, they would abide by the Board's.. decision. The Chairman referred to the corner of Worthen Road and Bedford Street and explained that when the public arrives at Wothern Road and Massach4setts Avenue it won't know where to turn. He said the same would a ply to the location of Massachusetts Avenue and the intersection of Clark Street. When arriving at the intersection of Lincoln Street and Massachusetts Avenue , they would not know where to go. Mrs. Morey said she recomme } uthe corner of Worthen Road and Massachusetts/because she felt people going through the town would probably arrive at that area and one sign would direct them. Mr. Haywood said that the one in the center is not necessary because people know the church is on Massachusetts Avenue. The only problem is identifying Lincoln Street or Massachusetts Avenue. Mr. James said a sign would be advisable at the corner of Worhten Road and Massachusetts Avenue, Mr. Haywood explained that there is no Methodist Church in Bedford and he does have people coming down from Bedford cutting over Worfhen Road. He said this would be a permanent sign unless they could compromise on a temporary sign. He said he liked the signs the Church of Our Redeemer and the Christian Science has. 1 229 The Chairman explained that the Board is endeavor- ing to reduce the number if possible. Mr. James said that he approved the type of sign submitted and would not object to having it located at the intersection of Worthen Road and Massachusetts Avenue. Mr. Haywood said he was. optimistic in requesting four and if he received permission to locate one he would be satisfied. Mrs. Morey suggested that he try the Worthen Road and Massachusetts Avenue location and said that it seemed as though that is the one that is really going to tell. Mr. Haywood asked if the corner being discussed was the intersection of Worthen Road, turning right at Massachusetts Avenue and Mr. James replied in the affirmative. Mr. Haywood said he thought that would be very good, Mr. James suggested that he locate it about twenty or thif►ty feet up•tocaards the church so that people coming out of Worthen Road could see it. Mr. James suggested that Mr. Haywood locate the sign, see how it works out and if he has any further problem, contact the Board again. Mr. Haywood agreed and retired at .7:40 P.M. Mr. Stevens submitted a deed he prepared conveying lots 35 and 36 Hillcrest Street to Mr. Harry M. Sullivan, including a 99 -year restriction providing it the two lots are -not combined into one lot for building pur- poses, then no building can be erected on wither of them or on any part of the lots without permission Brom the Board of Appeals. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to sign the deed prepared by Town Counsel, Tax title conveying lots 35 and 36 Hillcrest Street to Mr. Harry deed M. Sullivan and Dorothy H. Sullivan,P h/w. ign the out Mr. Stevens submitted lot 251 Wood Street to description wrtttibln in clearly that there has Street. Upon Motion of Mr. James, seconded by Mr. Tucker it was voyed to sign the deed prepared by Town Counsel conveying lot 251 Wood Street to -Catherine R. Cummings. a deed he prepared convey - Catherine R. Cummings, such manner as to point been a relocation -of Wood Tax title deed 230 Mr. Stevens said that he had the Exercise of Option granted by Lillian M. Smith, 8,000, for the elementary school site. He explained that Mr. Maloney spoke to Mr. George Andrews and he has agreed that the Board can practi- cally forget About the hen house. Mr. Andrews would like a plan showing his land, what the Town is taming Exercise of and what remains. He said that Mr. Gayer advised him Options this could be done very easily. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was unanimously voted to sign the following Exer- cises of Options: By instrument dated November 15, 1956 Lillian M. Smitn, of Lexington, Massachusetts, for consideration paid, .granted to the Town of Lexington an option to purchase certain land in Lexington therein described. • NOW THEREFORE, pursuant to the provisions Of said instrument, the Town of Lexington, act- ing by its Board of Selectmen, hereby exercises said option to purchase said land subject to all of the terms, provisions and conditions set forth in said instrument. Signed in Lexington,. Massachusetts this 20th day of December, 1956. By /instrument dated December 15, 1956, George J. . Andrews -, of Lexington, Massachusetts, for con- sideration paid, granted to the Town of Lexing- ton an option to purchase certain land in Lex- ington therein described. NOW THEREFORE, pursuant to therovisions of said instrument, the Town of Lrjxington, act- ing by its Board of Selectmen, hereby exercises said option to purchase said land subject to all of the.terms, provisions and conditions set forth in said instrument, It is understood that the hen house now situated on Parcel 2 is to remian the property of George J. Andrews, with the right of access thereto across said Parcel 2, until such time as the Town is reedy to improve the land and thereupon, the Bowed of Selectmen shall so notify Mr. Andrews and fix a reasonable time for him to remove said hen house from the land. Signed at Lexington, Massachusetts this 20th ,day of December, 1956. 1 Mr. Stevens referred to the agreement with the Air Force whereby they were permitted to connect to the Town's sanitary sewer system. Under the terms df that agreement, in addition to the connectiOn charge, they are to pay additional assessment to the Town by the M. D. C. He said that now there is an agreement cover- ing this, the amount having been worked out by the con- ferences at the M.D.C. with the kir Force. He ex- plained that all the instrument does is recite that under the Act ther were given permission to connect and agreed to pay the Town. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to sign the agreement as submitted by Town Counsel. Mr. Stevens retired at 7:55 P.M. • The Chairman reported tilat Mr. Gayer will need an additional $4,000 for snow removal as a result of the ice storm last weekend. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to request the Appropriation Committee to transfer the sum of $4,000 from the Reserve Fund to the Snow Removal A count. At 8:25 P.M. Mr. Donald K. Irwin met with the Board to discuss 1957 budgets:.in his department which in - elude the Building, Plumbing and Wiring Inspectors. He retired at 8:45 P.M. Mr. McQuiDin, Chairman of the Board of Health, and Mr. Charles Cole met with the Board to discuss 1957 budgets. A question was raised relative to one item of *500 for a refrigerator and the Chairman agreed to find oti't whether or not this equipment is included in the appropriation Of the New Town Office Building. Messrs. McQuillan and Cole retired at 8:45 P.M. Mr. William G. Potter, Chairman of the Cmmetery Commissioners met with the Board to discuss 1957 bud. gets. He said that if the Selectmen were considering an increase for the min in the public Works Department the Commissioners would like to hace the men in the Cemetery Department given the same increase. Mr. Potter retired at 9:00 P.M. 231 Sewer agreement with Air Force Transfer 232 The Chairman said that a meeting should be scheduled with the School Committee and the Junior High School Sites Committee. He suggested that thety meet with the Board next Wednesday and that three quarters of an hour be allowed for the discussion. The Clerk was instructed to contact Mrs. Marek to find out what time would be convenient for the School Committee and then contact the Sites Committee. It was also decided to have the Fire Commissioners in on Wednesday eveting to discuss budgets for half an hour. Mrs. Morey referred to the records of December 10th and requested the Clerk to strike out the sentence referring to "six children* in the Maria Hastings School police woman discussion. Mrs. Morey brought up the subject of snow and ice on the sidewalk in front of the Towne Diner and it was agreed to check with Mr. Geger to find out why the area is not cleared. The meeting adjodrned at 9:20 P.M A tree record, Attest: //� �� xecative lerk Select 1 SELECTMEN'S MEETING December 26, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday livening, December 26, 1956 at 7:30 P.M. Chairmen Reed, Messrs. Maloney, James,• -Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Execu- tive Clerk were also present. Mr. Gayer submitted bids for removal of sixteen diseased elm -trees, to be cut off at ground level and deposited at the town dump, as follows: Hartney Tree Surgeons, Inc. 25 Eastern Avenue, Dedham F. A. Bartlett Tree Expert Co. 8 Main Street, Framingham Frost & Higgins Company 20 Mill Street, Arliton Cedar Lawn Tree Service 4 East Common'lth Rd., Cochituate Fred Ralston & Company 47 Braintree Street, Allston Brine's Tree Surgery, Inc. Bedford, Mass. Mede Bros. Tree Service Bedford Robert K. Rushton Lexington $1,460.00 ;,462.00 1,760.50 1,770.00 1,920.00. 2,016.00 2,193.00 2,223.80 Mrs. Morey asked what proportion of the removal cost is charged to the owners and Mr. Gayer replied that no charge is made. Mrs. Morey informed him that the law permits towns to charge for removing diseased trees and Mr. Gayer explained that he had raised that question last summer when he was discussing Dutch Elm disease with the Board. He said that it has been the Board's policy to remove them without charge. 233 Removal of Diseased Trees 234 The Chairman asked if all the trees were on private property and Mr. Gayer replied in the negative. The Chairman explained that the Board had dis- cussed charging the owners of the property on which trees were located, but did not arrive at any definite de- cision. He said that not the number of trees to be removed is increasing each year and somewhere al©ng. the line it may be that a change will have to be made in the present policy. He said that there had been some discussion relative to charging the owners for removal if the tree had not been .removed by them within a certain time. He said that now it may be advisable to charge for removing trees on private property. Mrs. Morey suggested that the Board made a pub.- lie ubeslie statement with reference to the law permitting the Town to levy a charge against the owner. Mr. Maloney said that unless the Town removes the trees and then levies a charge, the disease will spread while the town is arguing with the owner about remov- ing them. Mrs. Morey said that the law provides that the trees have to be taken down within a certain period of time which is not very long. • Mr. Stevens explained the law as he remembered it. Mr. Maloney said that if the trees are not re- moved properly and disposed of properly, the disease nor, will continue to spread and nothing had been accom- plished. He asked if the list presented by Mr. Gayer constituted all the trees to be removed at the present time. The Chairman explained that there are other treesi that the Town plans to remove itself. Upon motion of Mr.. Tucker seconded by Mr. Maloney, it was voted to accept the low bid.of $1,460 submitted by Hartney Tree Surgeons, Inc. Bid Mr. James said that he thought it wo ld be help - accepted ful to have the list of how many trees have.. been taken down over the past four or five years and hegemony were on.private property. The Chairman said that if Mr. Gayer would fur- nish that information, the subject could be dis- cussed further when budgets are being discussed. If the budget seems.too high, further consideration can be given to the possibility of charging for re- moving trees from private property. Mr. Gayer explained that Mr. Brenton is unable to keep up with his work because of the Dutch elm dis- ease work. 235 Mr. Gayer reported that Richard W has requested some money on his contract. He said/li. the con- tractor doing the work through the golf course and wants $13,584.93. He reported that he had discussed the mat- ter with Whitman and Howard and they feel, as he does, that the request is justified. The Town did ask him to wait and ha would have been through now if he had not been asked ,to hold up, He said the Town will still retain the 2% and the bond. The Town has been holding 10% un - the work was completed and hr is asking for 6% of that 10%. He said that the work has been very satis- factory. Mr. Stevens said that Mr. Gayer would obtain con- sent of the bonding company. It is not required, but it is only fair to advise them. Mr. Gayer ssid that he would like to have any funds remaining in the Reserve Fund applied to drains. He re- Drains ported that there were extras in D'Allesandrots contract which was paid. A drain was put in from Paul Revere Road down to meet the "main line which was not included in the contract, and there was one other. He said Tower Road is to be done and he will run short in this account. The Chairman explained that the drain in Paul Revere Road was an old one from Greenwood Street down to Minute Man Lane where cesspools were going- into the drain and forming a pond on Brucchits land. He said that permission was obtained for an easement through private property to connect down to Minute Man Lane. T4 Chairman said he would find out what the final date/for transferring from the Reserve Fund. Mr. vens asked if the Board intended to carry along/Mr' C lins for collection of garbage for Garbage another year. If so, he should ask the bonding com- bond pang' for a bond. The Chairman explained that Mr. Collins' contract has another year to go and as far as•he knows, the Board will go along with it. Mr. Maloney suggested that notices be sent out in the Spring requesting the householders to co-operate by depositing garbage only in the containers. The Chairman read•a letter from the Cary Memorial Library Trustees advising that the following individuals had been nominated as members of the Historic Sites Com- mission 236 Historic Sites Commission Group Insurance Rev. Floyd J. Mr. George W. Mr. Arnold E. Mrs. Winthrop Taylor Emery Howard, Associate Harrington, Associate Pursuant to vote of the Town Meeting held on November 19, 1956, accepting Chapter 447 of the Acts of 1956, upon motion of Mr. Tuckeri.seconded by Mr. Maloney, it was voted to appoint the following indi- viduals to serve as the Historic Districts Commission Charles G. Davis, Lexington Historical Societty,, for a term if four years; Russell H. Kettell, Lexington Historical Society, for a term of one year; Philip B. Parsons, Lexington Arts and Crafts Soc- ietyfor a term of two years; Rev. Floyd J. Tailor, Cary Library Trustees, for a term of three years; Dexter A. Smith, Board of Selectmen, for a term of five years; Mrs. Robert C. Merriam, Lexington Historical Society, for a term of five years; Mr. Arnold E. Howard, Cary Library Trustees, for a term of five years. Messrs. Stevens and Gayer retired at 8:03 P.M. The Chairman read a letter from the Lexington School Committee, with reference to Chapter 32b of the General Laws, requesting that the Selectmen act on the - matter so that the insurance coverage program for town employees may be put into effect as soon as possiblt in 1957. The Chairman explained that the Board has not taken any action on the subject in the past merely because therecwas very little demadd for this type of coverage, particularly in the Town Office departments. However, this year it seems to, have beem promoted more by the Teachers Association. Mr. James said that it would have to be determined whether of not the Town wants to pay $35,000 a year to provide everyhting, or does the Town want Blue Cross and Blue Shield to be taken care of by the individual or pay $5,000 a year for group insurance or does the Town want nothing -- three cheices. The Chairman asked if Mr. James meant to let it remain the way if is and add group insurance or do nothing and he replied that is what has to be done. C" trl 1 237 Mr. Maloney said that the,Board would have to dec- ide what the voters might want and Mr. James pointed out that in two cases the voters don't have to decide, Mr. James recalled that all the insurance agents who had expressed interest in group insurance were advised that the Board would discuss the subject with them before making any decision. He suggested invit- . ing•these agents to meet with the Board for the pur- o;pose of discussing an insurance program in light of what they had to offer and what has come up since they wrote to the Board. However, it was decided first to have Mr. A. Irving Dodge, Chairman of. the Personnel Policy Com- mittee, to meet with the Board next week to discuses group insurance. Mrs. Morey suggested placing a call to Mr. Chesley Dunlap and asking him in this evening to ex- plain the program. Mr. James said that he was in favor of a sugges- tion made by Mr. Stevens, Town Counsel, of having a committee and he was also in favor of inviting. Dodge to meet with the Board and telling him that the Board would like to have a completely unbaised group look into the subject and submit recotrkendations. It was agreed to invite Mr. Dodge to meet with the Board next Wednesday, January,2, 1957. The Chairman read a letter from Supt. John Blackhall Smith to which was attached salary schedules that are proposed for custodians and sec- Salaries retaries effective April 1, 1957. The School Com- mittee had made provisions in the budgets for the various increases that will occur as a result of these new schedules. Letter was received from the American Legion Stanley Hill Post 38 requesting permission to con- Drive duct a Blue Crutch Drive in conjunction with the March of Dimes, on Friday, January 4, 1957 and Saturday, Jan- uary 5, 1957. Upon motion of Mr. Maloney, seconded by Mr. Tucker it was voted that the request he granted. Further consideration was given to Mr. Antonio Busass offer of $300 for lots 63-67 inclusive on Rawson Avenue. The Board was in favor of the suggestion sub- mitted by the Planning Board whereby that Board would discuss with Mr. Buse the possibility of exchanging tax title lots for property the Town might acquire. Tax title 238 for recreational purposes. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it wags voted to renew the following licenses: Ma1tin's Drug Store, Inc. The 1775 House Inc. Woodhaven Country Stores, Inc. 1793 Mass. Ave. Com. Vic. 130 Pleasant St.Com. Vic. 424 Marrett Rd. Com. Vic, The meeting adjourned at 9:10 P.M. A. true record, Attest: 1 ` ='Exeoutive lerki,Select 1