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HomeMy WebLinkAbout1960 408 1.4 Si,RC TMFtd 'S MEETING January 4, 1960. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January160 at 7:30 P.M. Chairman 4, 9 , Maloney, Messrs . James, Adams, Ferguson and Mrs. Morey were present. The Executive Clerk was also present. Upon motion duly made and seconded, it was Minutes voted to approve the minutes of the Selectmen' s Meeting held on December 28, 1959. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of two jurors. The following individuals were drawn for jury duty: John Servente, 128 Lowell Street and Walter A. Ward, 4 Bruce Road. The Chairman referred to Mr. Carroll's budgets for 1960 and explained that the Board is trying to arrive at a point where it might justify increases over what it considers normal increases. Town Clerk's Mrs. Morey suggested, where there is an Assis- budget tent, establishing a yearly rate . She explained that the question had been raised as to whether or not the Assistant should be considered a salaried indi- vidual, as salaried people do not receive overtime pay. Mr. Carroll explained that the overtime pay is for work for the Board of Registrars . He said that many towns employ a separate clerk for the Board of Registrars andif they had one in Lexington, there would not be any overtime pay. Mr. Carroll stated that his Senior Clerk is a new employee, but is doing very good work. The Chairman mentioned that a larger increase has been requested for the Junior Clerk and asked if Mr. Carroll thought it would be satisfactory. He replied in the affirmative, and said that if there was any question he would explain that the amount of the increase for the Senior Clerk was all he requested. The Chairman asked if Mr. Carroll had a record of vacations and sick leave . Mr. Carroll rep;:ied that Miss McDonough was entitled to three weeks ' vacation but took only two weeks. She had no time off due to illness . The Senior Clerk was entitled to one week and took one week. She was out sick one day. The Junior Clerk 9 was not entitled to any vacation as she did not start to work for the Town until June and she was out sick one day. Mr. Carroll retired at 7:4.5 P.M. Mr . Stevens, Town Counsel, and Mr. John Carroll, Superintendent of Public Works, met with the Board. Mr. Stevens referred to lots 64-68 Bellflower Street and lots 69-72 Hamblen Street sold to Leon E. Cornier & Sons, Inc . He presented a plan showing the lots and explained that they are all twenty-five Tax title foot lots . In the deed, as he prepared it and as the Board executed it, lots 65, 66, 67 and 68 on Bellflower Street are to be combined into one lot . Lot 64. on Bellflower Street is to be combined with Lots 59 to 63, inclusive , into a second lot. He said th3 deed was drawn this way after checking with the buyer's attorney, Flynn & Flynn. Mr. Flaherty, in the office of Flynn & Flynn, says it was their understanding that Cormier owned lots 59 to 63 and only intended to add lot 64. to 65 and 63. The title examiner, in checking for a con- struction loan, found this . Mr. Stevens suggested that Mr. Flaherty check with the examiner to see if he would accept a confirmatory deed which would recite this was given for the purpose of setting forth the restrictions that were intended to be imposed and incorrectly stated in the original deed. It was agreed to have Mr. Stevens redraft the deed for the Board' s signature . Mr. Carroll reported that he checked with the Air Force on the meeting to discuss the water supply and it is not the intention to become involved in Air Force an engineering discussion. He has asked Mr. Howard meeting to meet him at 8:30 Thursday morning, and said that apparently the Air Force wants to do something to settle the problem. Mr. Carroll presented an agreement for the Board to Sign on the Boston & Main crossing for the Itek Agreement sewer. Mr. Stevens explained that the arrangement is the same as those made on other crossings and it was agreed to sign the agreement as submitted. Mr. Carroll reported that Mr. Paul Mazerall, Park Department, receives four hours additional pay each week for overtime for changing the flag on the Common on Saturdays, if he does not work, putting it up and taking it down Sundays and check- 440 1.4 ing the ball fields each night. He has been bothered more and more by telephone calls all hours of the day and night and would like the Board to arrange to pay him one hour a day extra and have a telephone in his house, similar to the arrangement with Mr. Weisinger, so the Park Department telephone would be listed in the book. Every night he receives from five to ten calls . The Chairman said he did not think it would be an emergency service . Mr. Carroll explained that most of the calls are from the Recreation Committee and many calls are re- ferred tp his home by the Police Department. Mr. Ferguson said he could not visualize an emergency telephone for the Park Department and sug- gested that the Police Department be requested not to refer any calls to Mr Mazerall's home . Messrs. Carroll and Stevens retired at 8:15 P.M. Mr. Palmer, Town Accountant, met with the Board and the Chairman explained that the Board would lit a record of his employees ' vacation and time off, absence due to illness . Accounting Mr. Palmer stated that last year there was no Dept . budget sick leave at all and his girls have taken their full vacation. They were entitled to two weeks with pay and each of them took one week without pay. The Chairman asked if, as iia.r as Mr. Palmer knew, neither girl had any time off and he replied in the affirmative . The Chairman asked Mr. Palmer how he arrived at the recommended increases, and he replied that new help had been hired by the Board of Health at the rate of $51.80. The Chairman explained that $51.80 is not the starting rate of pay. He said a girl with experience and required to take shorthand and dictation is worth more money. Mr. Palmer stated that Mrs. Jack takes all his dictation and does all his letters. The Chairman asked who did this work before and Mr. Palmer replied Mrs. McCausland. The Chairman asked if Mrs. Boleyn could take shorthand, and Mr. Palmer replied that he did not know. He said Mrs. Jack had ten years' experience with the Newton-Waltham bank before she came to his department . The Chairman stated that it has been brought t ' the Board' s attention that there has been time out, whether for sick leave or not . Mr. Palmer said his girls may have a dental appointment at four, but they have not had any full days or half days off. 411 Mr. James asked if everyone was punctual, at work by nine o'clock. Mr. Palmer replied in the affirmative and stated that Mrs . Jack is in the office when he arrives and he is in at nine o'clock. Mr. James referred to the expense budget and asked how many meetings Mr . Palmer attended. Mr. Palmer replied that there is a day meeting in April, three days in June and three days in the fall. Mr. James asked about the Out-of-State Travel budget and Mr. Palmer explained that he has joined the M.F.A. and this year, there will be a four-day session in New York City in June, and the New England one will be in Providence for three days . Mr. James said this accounts for seven days of meetings, and Mr. Palmer stated that he finds them to be very helpful. Mrs. Morey asked about the NewYork meeting, and Mr. Palmer explained that the session will be held on Monday, Tuesday, Wednesday and ends Thurs- day morning. He will be back in Boston at noon. Mrs. M rey asked if the meetings were yearly or once in 2 while and Mr. Palmer replied that they are held every year. Mr. Ferguson asked what the program consisted of and Mr. Palmer replied that most of it is lectures and papers are read. They usually have expert speakers on municipal finance, capital expenditures and metro- politan planning. Mr. Palmer retired at 8:30 P.M. Mrs. Rich, Collector of Taxes, met with the Board. The Chairman explained that the Board is try- ing to arrive at some percentage figure on salaries and Mrs. Rich said that she did not figure the in- Tax Collect- creases ollect- creases on a percentage basis. or budget The Chairman asked about the vacations and sick leave . Mrs. Rich stated that the Collector was en- titled to a vacation period of two weeks, Mrs. Tullar, three weeks and the two Junior Clerks, two weeks. Tllle Collector was out six days, Mrs . Tullar was out .one day and the other two clerks were out two days each. Mrs. Morey asked if Mrs . Rich thought Mrs. Tullar' s salary was too low, and Mrs . Rich replied that each girl in the office knows all the work and could carry it on. Mrs. Morey said that most of the increases are considered in the vicinity of $3.00, but Mrs . Rich's recommendations are higher. 412 z, 7 CA Mrs . Rich said that her department was left out last year and the Chairman explained that there were no general increases given last year. Mrs. Rich recommended that the balance in the Metered Mail Account be held over and that $4,000 additional be appropriated. Mrs. Rich retired at 8:45 P.M. The Planning Board met with the Selectmen. The Chairman explained that some of the members of the Board are interested to hear what the Planning Board' s opinion is relative to the municipal parking, so-called, at the Waltham Street-Marrett Road corner. They would also like to know if the Planning Board has arrived at any decision relative to Mr. Busa's culvert. Mr. Abbott referred to the Potter property on Potter Waltham Street and to that Board' s letter to Mr. Parking Potter in which it was stated that this involves the overall planning of the Town. He explained that this is something the Planning Board has planned for the future and will be in a report that is expected to be available as soon as possible after Town Meeting, maybe in June or early fall. Mr. James explained that the Board' s thought on this is that in this particular area, if one wants to consider municipal parking, this is about the only place . Mr. Abbott said that Mr. Snow has reasons why this would nbt be a desirable area for municipal parking. Mr. Snow reported that Mr. Potter had talked to the Planning Board. He feels that he could not put in a First National or an Atlantic & Pacific with the present parking . Mr. Snow said he thought this was one thing Mr. Potter had in mind when he was talking about a muni- cipal parking area in the rear. He said that the Plan- ning Board does not feel that a municipal parking area should be established to serve any one individual. He reported on a traffic count made at this particular inter- section and said that the Board does not feel that a large development such as a Super Market should be in that particular area. Mr. James said that there is now, without anything being added, a real parking problem. One of the things desirablewould be some kind of parking facilities some- where to relieve what is now a problem. He said whether the Potters put up a Super Market or any other kind of business, which they can do, will merely aggravate the situation. He said he would like to know if anything can be done to relieve an already bad problem. 413 Mr. Snow said that he agreed to some degree , but he could not see the Town building a municipal parking area for this particular development any more than for any other development . Mr. James said if something could be arranged so it will be a service to the other people in the area who do need parking for their customers, he would be in favor of it. Mr. Ferguson asked if metered parking would change Mr. Snow' s opinion, and he replied in the negative . He said the most acute parking problem there now is the one in front of Geoffroy's pharmacy. If a municipal parking area were created on this corner and a Super Market put in front of it, the park- ing area would be used exclusively for the Super Market use . Mr. Ferguson said that there is a problem with this particular location at the moment because the Town has been offered land free of charge for municipal parking, so this area at the moment becomes a special problem. He said the Planning Board does not approve of this land for parking, but recognizes the fact there is a parking problem. He asked where the Board intended to have parking. He said Mr. Potter can put up a building now and the parking ratio can' t be changed. He can put up a building and it will add to the parking problem. Mr. Snow said it would cost the Town thousands of dollars to establish a municipal parking area. Mr. Ferguson asked if the parking area would serve only one individual and MI,. Snow replied that as far as he is concerned, it would. Mr. Adams said that apparently there are two ob- jections . One objection is a matter of principle and the second one is from a traffic point of viewtiiis is not a good place for a municipal parking area. He said that as a parking lot for any general use, it is a poor location. Mr. Snow said that was correct and he did not think it would be possible to get in or out of the area during the rush hours of heavy traffic . The Chairman asked if Mr. Snow felt this would be used for one particular business and not as a neighborhood parking area. Mr. Snow said that was correct and reported that there is no land at the rear of the Homeland Realty building zoned for business. Mr. Abbott said that the Planning Board has looked into the subject, and if the Town puts in the parking, Mr. Potter could then put in a Super Market and that 414 OV will create a problem in itself From that standpoint, he did not think the Board would agree that it is a good thing for the Town to accept the land and put in a parking area. Mr. Ferguson said that the Selectmen must give the Potters an answer whether or not they want to accept the land as a gift. Mr. Adams said he thought the answer should be no. He said a Super Market is not a neighborhood store. Mr. Abbott said such a market could not go in the area without the parking. The Chairman said he did not think it would be wise for the Selectmen to accept land for a project that the Planning Board does not think is good for the Town. The Planning Board was unanimous in its opinion that it would not be in favor of accepting the land as a gift for a municipal parking area. Mr. Abbott said the Planning Board would have some- Box culvert thing for the Board next week in regard to Mr. Busa' s culvert and Lillian Road. Mr. Abbott reported that the Planning Board has been unsuccessful in its attempt to locate anyone to work on the Worthen Road project this winter and will have to wait until next summer. The Chairman asked if the Planning Board still Worthen Road feels that Worthen Road should go through and Mr. Abbott replied in the affirmative . He asked if it could go until a June meeting. The Chairman replied that as long as he can re- port progress to the Hayden people, he did not think there would be any problem. Mrs . Morey said that when the Hagerty property changes ownership it will cost the Town more money. Mr. Abbott said that actually Mr Snow will not be able to get all the information ready for June , but will have to go until September or October and asked if Worthen Road could go until an October meeting . The Chairman said he would discuss the subject with the Hayden people . The Planning Board retired at 9:45 P.V. The Appropriation Committee met with the Select- men at 9:45 P.M. and discussed Personal Service and Expense budgets for 1960 until 11:15 P.M. at which time the Appropriation Committee retired. 415 ' Upon motion duly made and seconded, it was voted to grant the following licenses: Lexington Motors Inc 34 Bedford St. 1st. Class Agent (ren'l. ) Geo. R. Reed & Son 1721 Mass. Ave . Common Victualler " Village Variety Store 93 Mass. Ave . Sidney & Margaret Heywood Marrett Road Early Bird Do-Nuts, Inc . 399 Lowell St. Application for a license to operate a coin music machine at the Early Bird Do-nuts, Inc ., 399 Lowell Street, was denied. Upon motion duly made and seconded, it was voted to approve for payment bill in the amount of $750 re- ceived from Norman T. May for services representing Legal fee the Board of Appeals in the suit of the Planning Board vs . the Board of Appeals in Middlesex Superior Court, to be paid from the Board of Appeals ' Account. The Chairman read a letter from Miss Ella Kilcup, L. Grove Street, opposing to surveying for a sidewalk on the right side of Grove Street. It was agreed to acknowledge the ]e tter and ex- plain that the survey was being made in connection with a complete layout of the entire street. The Chairman read a letter from Ephraim Martin, Postmaster, relative to handling of mail for Lexing- ton, and the transfer of this mail to the Arlington Postal Branch. The change is in line with a program of the service Postal Service to give the citizens of this Postal District an improved postal service . The Chairman read a letter from Mr. Arthur E. Burrell, Director of Civil Defense, submitting names of Robert Thompson for appointment as a Radio Officer, and Daniel A. MacDonald for appointment as a First Civil Deputy Radio Officer. Both individuals have signi- Defense Pied their willingness to accept the responsibilities of the positions and have completed the necessary oath as required by Chapter 639 of the Acts of 1950. Upon motion duly made and seconded, it was voted to appoint Robert Thompson, 11+ Normandy Road a Radio Officer and Daniel A. MacDonald, 5 Fairland Street, a First Deputy Radio Officer. Letter from Mr. Cornelius Cronin in regard to Senator Maddents inquiry, House No. 2323 was held over until the next regular meeting of the Board. 416 mmlb Cz7 6.4 Letter from the Board of Assessors relative Assessors to the revaluation of real estate for assessment purposes was held over until the next regular meeting of the Board Letter from the Civil Service relative to Welfare Compensation Plan was held over. Letter was received from the Arlington-Lexington- Bedford Jewish Community Center, inviting the Chairman to attend, on behalf of the Town, the Installation ceremony of Rabbi Herbert Rosenblum on Friday, January 15, at 8:30 P.M. It was agreed to meet Saturday morning, January 9 at 9:00 P.M. to discuss budgets. The meeting adjourned at 11:20 P.M. A true record, Attest: xee ive lerk Select 1 417 SELECTMEN'S MEETING January 11, 1960 A. regular meeting of the Boad of Selectmen was held in the Selectmen' s Room, Town Office Building, on M nday, January 11, 1960, at 7:30 B.M. Messrs. James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- sent . re- sent . Upon motion duly made and seconded, it was voted to elect Mr.James as Chairman to serve in the absence of Mr. Maloney. Upon motion duly made and seconded, it was voted to sign .a deed, prepared by Mr.Stevens, of lots 64-68 Bellflower Street and lots 69-72 Hamblen Street. The Tax title deed is the same as the one executed by the Board on December 7, 1959, except that the restriction on lot 6!4. on Bellflower Street is that it be combined with lots 42 and 63 rather than with lots 59 to 63 inclusive . Mr. Stevens discussed the cases of Millican and Ives who brought suit against the Town for taking of properties for the new Junior High School . Before they brought suit, some discussion had been carried on about making an exchange . He presented a plan and Millican, explained it was based on discussions with Millican and Ives and the School Department, through Mr . Spiris. He lands outlined the properties acquired from Ivens and Millican. He explained that if it is decided to turn a certain parcel over to Millis.an, it will be twice as much as the Town received and would have to be with restrictions; some of the restrictions being that he should not use the land for a sign location of any kind, a driveway or sidewalk. He reported that Mr Millican contends he wants to beautify the area He said he thought the School Department does not want to be responsible for the upkeep of the land. He said he was merely bringing the subject up so the Board could be thinking about it as it will be necessary to insert an article in the warrant . The Chairman read a .letter from Colonel Richardson, Bedford Air Force, advising that the Air Force is vitally concerned with the problem of sufficient water for Laurence G.Hanscom Field but has no funds to make an outright cash payment to the Town as requested, in part payment for the 418 cc construction of additional water distribution facilities At the present time , the Air Force can only pay its Water, share of any capital improvements by considering, if Air Force necessary, an equitable adjustment in water rates . It would require that the Town pay all facility cost and amortize the costa through an increase in the water rate . It was agreed to have Whitman & Howard institute and complete a water rate study to determine the cost of water for all classes of users of the Town' s water distribution system. The Chairman read a letter from Mrs. Helen Collins, Fence 1411. Forest Street, relative to damage to her fence caused by weight of snow pushed against it at the end of Jackson Court. Mr. Carroll was authorized to make whatever repairs he deems necessary next spring. Mr. Carroll retired at 8:25 P.M. to meet with the Appropriat inn Committee . A second letter was recAived fromRaymond Doucette, 33 Reed Street, claiming damages to his car as a result of running into a large stone while entering the dump. Mr. Stevens reported that he wrote to Mr. Doucette Claim and told him it was not a matter in which the Town has any liability. He suggested that the Board acknowledge the letter and tell Mr. Doucette it has been referred to Town Counsel. If he has any questions, he should contact Mr. Stevens . Mr. Stevens retired at 8:35 P.M. Upon motion duly made and seconded, it was voted to approve bond in the sum of $2500 on behalf of Bond Frederick J. Wright, Deputy Collector; said bond having been approved by the Commissioner of Corporations and Taxation. The Chairman read a letter from David Kidd, Presi- dent of the East Lexington Men' s Club, requesting that Invitation a member of the Board meet with the Club on February 29 to review the articles to he presented at the Annual Town Meeting. Chief Rycroft met with the Board at 8:30 P.M. to discuss budgets. The Chairman asked if he was recommending an in- crease for the policewomen and the Chief replied that he did not make any recommendation to the Appropriation Committee because he preferred to discuss the budget with the Selectmen first . He said the policewomen 419 had requested an increase but he did not think it should be $25. He thought $10 or $15 would be Enough. He said Newton probably had policewomen before any other town and they are paying $112.50 per month, and one town, only one he knows of, is paying $125. The Chairman asked if the Chief was recommending an increase of $200 in the annual rate of the officers and reduce the time from twelve years to six. The Chief replied in the affirmative . The Chairman asked how many officers this reduction in tins would affect, and the Chief replied that there are six or seven now at maximum and would affect all the other officers in some degree . The Chief explained that the automatic increases will amount to $1800 and a 5% increase for the department will amount to $5,193.22 A reduction in time from twelve to six years will cost $2,200. He did not put on a new man until the first of April and the first three months this year, plus the other nine months, amounts to $4,985. He explained that if the $200 increase is approved, there will be fifteen men at $5,000• three at $4,900; two at $4,800; 2 at $4,700; five at $41450: one at $4,000; Lieutenant, $6,000; Sergeants, 65,500. Chief Rycroft reported that he told Mr. LaRosa , second Dog Officer, that he would let him know when budgets are being discussed so that he could meet with the Board and explain why he needs more money He said Dog Officer about June he usually requests more money, and he will not do what he is supposed to do with the bills. He said if he won't straighten it out, a change will have to be made . The Board felt that the subject should be dis- cussed with Officer Porten. Chief Rycroft retired at 9:30 P.M. Upon motion duly made and seconded, it was voted to approve the following j/o pole locations, all having, Pole been approved by Mr. Carroll: locations Burlington Street, northeasterly from the intersection of Hancock and North Hancock Streets, -- Two poles - guy wire and anchor on the 2nd pde (Two existing i/o poles to be removed) . Hamilton Road, southeasterly side, northeasterly from a point approximately 65 feet northeast of Ledge- lawn Avenue , -- Five poles . 420zm n od Wildwood Road, northwesterly side, approximately 20 feet northeast of Wood Street, -- One pole Wildwood Road, northwesterly side , southwesterly from a point approximately 20 feet southwest of Patterson Road,-- Two poles. The Chairman read a letter from Mr. Nickerson, Chairman of the Board of Appeals, advising that there Transfer is only $625 available in the expense account to pay Mr. Norman May' s bill for services representing the Board of Appeals in the Planning Board suit . Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $125 from the Reserve Fund to the Board of Appeals' Expense Account . Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation Cert . of on behalf of Mr. Richard Purinton, Jr., 11 Muzzey Inc. Street, under the name of Electronic Conference Corpo- ration. The Chairman read a letter from Mr. Mitchell Spiris with reference to Dr. C . C . Wang' s request to purchase a triangular piece of property adjacent to hii home Sale of which abuts the Fiske School land. The School Department land does not feel that it wants to recommend the disposition of the property as there are some questions as to the relative merits of such a sale . The Department is con- cerned tom the point of view of land usage for the Fiske School and also for the possible use of the property in the expansion of the approaches to the school and recom- mends delaying a decision until all consequences of the disposition have been considered. The Chairman read a letter from Mr. Irwin reporting on his investigation of the property at 9 Pearl Street, Inspection owned by Mr. Joseph Goodwin. It was agreed to have inspections made by the Board of Health and the Fire Department. The Chairman read letter from Mr. Cronin, Clerk to the Board of Assessors, relative to Senator Madden' s House No. inquiry concerning House No. 2323. 2323 It was agreed to send a copy of Mr. Cronin's analysis to Senator Madden. 421 The Chairman referred to the letter frau the Board of Assessors relative to revaluation of real estate for assessment purposes, a copy of which was mailed to the Board, and it was agreed that this is a subject to be discussed with the Assessors . Application was received from the Battle Green Inn for permission to hold college-conducted all day study courses in Estabrook Hall during the months of September, October, November and December . Use of hall The Board felt that the hall is primarily for the use of the citizens of the Town and also that it should not be reserved for such an extended period of time for one group. Upon motion duly made and seconded, it was voted to deny the request. The Chairman read a letter from Richard I. Miller, attorney, relative to the employment intelligence office license issued to Mrs. Mary Lou Mades, 1736 Massachusetts Avenue . Mr. Miller has incorporated the business under License the name of Pan American Enterprises, Inc ., and asked to have the license issued to Mrs . Mades transferred to the corporation for the balance of its term, May 1, 1960 . Upon motion duly made and seconded, it was voted to transfer the employment intelligence office license from Mrs. Mary Lou Mades to the Pan American Enterprises, Inc. Upon motion duly made and seconded, it was voted to grant a Common Victualler' s license to Mrs. Anna B. License Philips, 29 Depot Square . Upon motion duly made and seconded, it was voted to approve the minutes of the Sele etment s Meeting held on Monday, January L., 1960 . The Planning Board met with the Selectmen at 10:08 P.M. The first subject discussed was Lillian Road, and Mr. Busats request that the Town contribute toward the cost of construction of a culvert. Busa Mr. Snow presented a coordinated sheet of part of culvert the Town and indicated the locations of Massachusetts Avenue and the Great Meadows, Summer Street, Lowell Street and that portion of Lillian Road now under con- struction, and the streets in the area He said one possibility is that there could be a connection through the Busa property and indicated on the sheets two alter- na.te vproposals . 422 CV The Chairman asked if there would be a crossing , II somewhere , in any event, and Mr. Snow replied in the affirmative . The Chairman said it appears that any plan is devious until the construction of Emerson Road and Mr. Snow said that was correct, there is no direct way across . The Chairman asked if the Planning Board had any objection to Lillian Road crossing there , and Mr. Abbott replied that he did not think so. Mr. Snow reported that he and Mr. Carroll discussed this a long time ago and thought Mr. Busa should have laid out the entire street and developed it without doing it in sections, thus the development would have paid for the culvert He had four subdivisions before he even made this crossing. Now two of the lots are so low Mr. Carroll says cannot be used for house lots, but must be used as an easement. The Board of Health will not recommend building on the next two lots until such time as they are filled. Mr. Abbott explained that Mr. Busa is now at the point unless he receives help on the culvert, it will not be economical for him to complete it . He said it raises a question as to whether or not helping Mr. Buaa will establish a precedent and is it worthwhile other than to make the crossing. Mr. Abbott said that Lillian Road has not been discussed by the Board but some of the members felt there is some value to it at this time because if Maple Street is blocked off, the Fire apparatus could use it. However, they prefer to leave it to the Board of Selectmen to determine the amount of value . Mr. Snow said that Mr . Carroll estimated the cost of the culvert to be $9,000. Mrs . Morey asked if the culvert was to take care of Town drainage and Mr. Snow replied in the negative . He said that there is no'-more water running through than there ever has been but the peaks are higher. Mr. Abbott said he understood that Mr. Buss has to provide for the construction of the land as he finds it. Mr. Snow reported that the brook has always been a burden on Mr. Busa's land. Mr. Ferguson asked if the Planning Board did or did not think it would be in the best interest of the Town to spend Town money to put in a box culvert. Mr. Abbott replied that the Planning Board thinks it is in the best interest of the Town to put Lillian Road through and spend some of the Town' s money as this is the only road tying the two areas together, except Maple Street, until Emerson Road is built. He said it would be an advantage to the Town. 423 Mr. Ferguson asked if it would be advantageous enough that the Planning Board would be willing to - recommend it to the Town Meeting . Mr. Abbott replied he thought that was a decision for the Board of Selectmen and this would not be a Planning Board article . He said the Planning Board has not officially voted on it, but he thought the Board would want it . Mr. Ferguson said the Selectmen wanted to find out if the Planning Board felt it was worthwhile for the Town to spend some money to have this road con- structed and would be guided by the Planning Board's decision. Mr. Abbott said he felt it would be an advantage to the Town but how much would be for the Selectmen to determine . Mrs . Morey said the Selectmen do not want to es- tablish a policy on an oversized drain. Mr. Abbott said it is not known. when Emerson Road will go thi,ough and Lillian Road would be of some value to the Town but the Selectmen will have to decide how much value . He said the Planning Board thinks the road would be of value and the only reluctance is that the Town should spend any money. He suggested that the Selectmen talk with Mr. Busa and find out how much he wants. He said he did not think it was the Planning Board' s province to determine how much money is involved. Mr. Snow said it is a matter of negotiating and suggested starting at 50% of the cost of the culvert and work down. Mr. Abbott referred to the Master Plan and said it is growing plan for Lexington and includes all the properties for the growing population and the streets. Master The Chairman asked if it was landuuse, and Mr. Plan Abbott replied that it is for everything and the Board would know from the report. Mr. Ferguson asked when the Master Plan would be ready, and Mr . Abbott replied that it is something that will not be completed for twenty-five years because it is a growing plan. Mr. Ferguson stated t}at people were under the im- pression that it would be a completed plan and one that could be seen. Mr. Abbott said that many people had that impression and that is why the Planning Board is getting out a re- port. He said the classification of Master Plan is in- correct and it should be extra personal services to im- plement the Master Plan Mr. Snow retired at ll:15 P.M. 424 '.e n ov The Chairman explained that the Board of Selectmen is adopting an increase of 5% but has not as yet dis- cussed the salaries of department heads such as Mr . Snow. It was determined they would be discussed more Salaries orless as a group or an individual. Mr Abbott said that the Planning Board thinks Mr. Snow should have received a 5% increase last year but were told that there would be no increases at all; He said the Planning Board feels Mr. Snow is underpaid for a man of his ability and he does not see how an engineer of his caliber can be kept working for the Town unless his salary is increased. He reported that Mr. Snow works sixty hours a week many weeks, and takes home work because there is not enough help in his office and because other things demand his time . The Planning Board thinks he should have a 5% increase this year and should have had a 5% increase last year. The Chairman asked if the Planning Board intended to ask for more help. Mr. Mabee said that he agreed Mr. Snow is under- paid, and it is more important to raise his salary to where it should be than to ask for more help, be- cause he thought that would hurt the cause . Mr. Abbott said that Mr. Snow receives requests from the Selectmen, School Sites Committee, School Committee . Mr. Mabee said he thought Mr. Snow should have a junior engineer who could handle some of the work for him. The Planning Board retired at 11:35 P.M. and the meeting adjourned. A true record, Attest: A ec ive lark, Select . tY G 425 SELECTMEN'S MEETING January 18, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 18, 1960, at 7 :30 P.M. Chairman Maloney, Messrs. James , Adams, Ferguson and Mrs. Morey were present. Mr Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Stevens reported that he had prepared a lease to be signed, releasing one Ralph Arsenault, who struck a hydrant on Forest Street, from further claim, in payment of $226.90,. Release Upon motion duly made and seconded, it was voted to sign the release which was returned to Mr. Stevens . Mr. Stevens suggested that the Board review the Plan of Lots Dl, D2 and D3, Ives and Millican, and arrive at some decision relative to an exchange of land. IIMr. Stevens referred to the sewer easement be- tween Route 128 and Patterson Road which went through properties owned by Durso, Ross, Lindsay and Napoli. The trunk sewer was put in without betterments but there will be betterments for the sewer on Wood Street, The discussion was that Mr. Lindsay was to give the Town a confirmatory grant and release of all damages for which he was to receive an abatement of the lateral on Wood Street. Sewer Mr. Carroll presented a plan and reported that betterment an appraisal had been made of the damage and it was abatement appraised for $800 of which $200 was for physical damage caused by Whitman & Howard because of an error cutting through there . Whitman & Howard paid the $200. The balance of the damage , $600, is due to the easement itself. He explained that Mr. Lindsay had agreed to settle for the sewer betterment when the sewer was installed in Wood Street. Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment levied against property located on Wood Street, owned by Donald E. Lindsay, in the amount of $628 subject to receipt of a confirmatory grant and release of all damages from Mr. Lindsay. 426 P co Upon motion duly made and seconded, it was voted Senate to authorize Mr . Stevens to record the Board as being bill in favor of Senate bill 375 which was filed by Mr. Roeder On behalf of the Fire Commissioners . The Chairman read a letter from the Planning Warrant Board setting forth a list of articles that Board recommends for insertion in the Warrant for the Annual Town Meeting in March. The Silva Brothers met with the Board. Mr. Silva said they have a real problem. They bid the contract very low and bid it with the idea Garbage of making a profit on hogs, but the hog market has contract completely dropped out. He said he would like the Board to increase the amount or ask for new bids . The Chairman explained that there is nothing the Board can do because there is a contract that has to be lived up to. Mr. Silva protested the fines that have been levied for missed collections. The Chairman said the Board would discuss the subject of fines. The Silvas retired at 8:20 P.M. Mr. Stevens agreed to review the action taken on the subject of garbage collection prior to the time the Silvas signed the contract. Mr. Carroll retired at 8:40 P.M. Mr. Stevens discussed time devoted to Town work by the Town Counsel and also the subject of an Execu- tive Secretary to the Board. Mr. Stevens retired at 9:03 P.M. Mr. John Carroll returned to the meeting . Mr. Carroll reported that the people building the new restaurant on Waltham Street have inquired about Parking parking. He presented a plan, indicated the location of the building and said they would like to have the fence in the rear removed to provide a loading space . If this is done , the Town will lose six parking spaces . The Board was opposed to reducing the ndmber of parking spaces or removing the fence , and Mr. Carroll agreed to try and work something out with the owners of the restaurant . Mr. Carroll retired at 9:08 P.M. 1 47 Messrs. Burrell, Director of Civil Defense, Soule and Roeder met with the Board. Mr. Burrell explained that he would like to use the coal bin in Cary Memorial Building for Civil De- fense purposes. The Chairman told Mr. Burrell that as far as the Bose. is conderned, the bin can be utilized for Civil Civil De- Defense purposes. fense Mr. Burrell said that the estimated cost to con- vert the bin for the organizations use is $2500. Mr. James asked if there would be mathhing funds and Mr . Burrell replied in the negative . The group retired at 9:15 P.M. The Recreation Committee met with the Board and discussed the 1960 budget until 10:10 P.M. at which Budget time the Committee retired. The Planning Board met with the Selectmen. Mrs . Morey said that there had been a notice rela- tive to a hearing on Route 3. Mr. Abbott explained that it was a general hearing at the office of Hayden, Harding & Buchanan. The people Route 3 he knew who attended the hearing were interested in the inner belt expressway because that is why the hearing was held. He understood that there were three possible routes for Route 3. Two were alternates through Woburn and Winchester and the third one was down at Countryside and down through the Meadows . He said he also under- stood that the Arlington Board of Selectmen, on the re- commendation of its Planning Board, has written a let- ter to Hayden, Harding & Buchanan recommending the route through Lexington. They also had some discussion of offering the Great Meadows at no charge . Mr. James reported that he had talked to Arthur Saul today and he is going to write the Board in a few days stating his Boar dts position and urging Lexington to cooperate with Arlington in an attempt to get the route through. Mr. James told Mr. Saul that it was the last proposal the Board would favor and he did not think Arlington would receive any co-operation from Lexington. Mr. Abbott said no one attended the meeting, and he thought someone from the Board of Selectmen, thePlan- ning Board and the Planning Director should go into the office of Hayden, Harding & Buchanan and register why the two Boards do not want the Route in Lexington. The Selectmen were in favor of the suggestion and Mr. Mabee agreed to make contact for an appointment The Planning Board retired at 10:35 P.M. 428 CVMr. Adams reported that he drove over Moreland Avenue , Asbury Street and Bowker Street. He thought from the general discussion, that acceptance of these streets had been requested by people who had been Street living on them for some time . However, on Asbury acceptance #,trWet, there ars .beri neaedouses; a couple, not yet sold and one with only a cellar hole . He said he thought the road was passable . He reported that there are seventeen old houses on Moreland Avenue and eight new ones . Most of the seventeen old ones are up at the top of the hill where there is a blacktop pavement the people have put in. He said that all the people on Bowker Street have lived there for some time and he was in favor of presenting this street for acceptance but he wished to be recorded as being opposed to acceptance and construction of Moreland Avenue and Asbury Street . Upon motion duly made and seconded, it was voted to sign notices of intention to lay out the following streets: Appletree Lane Marlboro Road Asbury Street Moreland Avenue Blodgett Road Pelham Road Bowker Street Reed Street Burlington Street Revolutionary Road Carley Road Rumford Road Dewey Road Tyler Road Gould Road Peachtree Road The Chairman read a letter from Mr. Robert H. Farwell, Chairman of the Town Meeting Members' Association, Town Meet- relative to a meeting to be held in Estabrook Hall on ing Memberal February 2 for a general discussion of Sewers and Water Association in the Town of Lexington. The Association felt that the Superintendent of Public Works would want to make the presentation with the consent and assistance of the Board. The Chairman read a letter from the Lexington Post V.F.W. , protesting the action of the Board in excluding Memorial Day and Veterans+ Day from the list of holidays Dump on which the Town dump is to be closed. It was agreed to acknowledge the letter and advise the organization that every consideration will be given to its recommendations and an early decision made 429 The Chairman read a letter from Mr. Arthur E. Burrell, Director of Civil Defense, to which was attached a list of names for appointment to the Civil Defense organization. Civil Upon motion duly made and seconded, it was Defense voted to make the following appointments: Deputy Radio Officer Ramon C . Baker, 14 Stratham Road Deputy Radio Officer (Technical) Noel Dale , 6 Cutler Farm Road Auxiliary Fire Captain Ralph H. Elvedt, 61 North Hancock Street Auxiliary Fire Lieutenant George F. Muller, 24 Ewell Avenue George Albert Regan, Jr. , 396 Lincoln Street Auxiliary Fireman Francis W. Birch, 7 Cutler Farm Road Otis H. Bramhall, 35 Wachusett Drive David Egan Brennan, 50 Hancock Street Thomas Arthur Damery, 43 Follen Road Richard Dolbear, 274 Marrett Road E. Sherman Hall, Jr. , 2246 Massachusetts Avenue Henry V. Hawkins, 11 Shirley Street William A. Karisen, 39 Grapevine Avenue Richard Kimball, 45 Bridge Street Kenneth M. Knobel, 37 Percy Road Harold C . Roeder, Jr , 6 Churchill Lane William C . Savage, 107 Woburn Street Robert J. Warner, 39 Bertwell Road A report was received from the Medical Panel ap- pointed to examine Captain George Glenn, who applied for physical disability retirement from the Fire De- Retirement partment. Due to the fact that the findings of the Panel were not clearly defined, it was agreed to return them for further information. The Chairman read a report from Bernard J. Belcastro, Chief Engineer of the Fire Department, on an inspection of the premises at 9 Pearl Street, owned by Joseph Goodwin. Mr. Goodwin was requested to correct a violation of Section 5, Chapter 148 of the General Laws by Rebruary 1. A follow-up inspection will be made to check on the progrees of correcting the situation 430cc l� The Chairman read a letter from Senator Saltonstall concerning the transfer of operations from the Lexington Post Post Office to the Arlington Post Office . Senator Office Saltonstall has made a protest to the Post Office Depart- ment, and expects a complete report in the near future . Upon motion duly made and seconded, it was voted to sign application on behalf of William Z. Lemnios, Cert. of 36 Independence Avenue , for a Certificate of Incorpo- Inc . ration; satisfactory character reference having been received from the Chief of Police . Letter was received from Porter & Desmond, building movers, for permission to move a garage from 31 Bridge Street to Route 2A, to the Lincoln Town Line . Permit Upon motion duly made and seconded, it was voted to grant the request subject to Porter & Desmond contacting Chief Rycroft, Mr. Mazerall of the Park Department and filing of a bond. The Chairman read a letter from Mr. Janes J. Carroll, advising that Jasper A. Lane has submitted his resignation as a member of the Board of Regis- Resignation trars, effective March 31, 1960. Upon motion duly made and seconded, it was voted to accept Mr. Lane ' s resignation. Upon motion duly made and seconded, it was voted License to grant a Common Victualler' s license to the Minute Man Restaurant, 1715 Massachusetts Avenue . Memorandum was received from the Massachusetts Selectmen's Association relative to House 527, "An Act increasing the powers of Town Meetings and City Councils with respect to school finance and elimi- nating the twenty-five per cent penalty provided for in the existing law." Memorandum was also received relative to a 1959 amendment to Chapter 32B, relative to payment of one half of the premium costs payable by retired employees for group life insurance and for group general or Chapter 32B blanket hospital, surgical and medical insurance . It was agreed to obtain a ruling from Town Counsel is to whether or not the question must be placed on the ballot. 431 The Board determined the value of the sewer con- structed in Wood Street, and upon motion duly made and seconded, voted to assess betterments in accord- ance with the provisions of Chapter 80 of the General Laws, for the improvement made by the construction of the sewer on the following parcels of land and in the following amounts: SEWER BETTERMENT ASSESSMENTS WOOD STREET No. Name and Address Lot No. Area Assessment 5822 Dorothy G. Colby 1 12,260 $ 560.20 109 Wood Street, Lexington 5823 John & Bernice H. Bresnihan, 44 9,914. 453.00 %w 1 Holton Road, Lexington 5824. William A. & Marie B. Hobbs, 43 10,000 456.94 h/w 97 Wood Street, Lexington 5825 Paul E. & Elizabeth E. How- 42 9,914 453.00 land, h/w 2 Wildwood Road, Lexington 5826 Joseph G. & Mildred B. How- 33 9,914 453.00 land, h/w 1 Wildwood Road, Lexington 5827 Frank W. Hopkins & Barbara 32 10,000 456.94. Spence 81 Wood Street, Lexington 5828 Reta B Whitcomb 31 10,000 456.94 77 Wood Street, Lexington 5829 James F. & Marion M. MacNeill 30 9,914 453.00 71 Wood Street, Lexington 5830 Harry A. & Eva S. Crossley,h/w 29 9,914 453.00 1 Patterson Road, Lexington 5831 Pasquale P. & Olga C .Barbiere , 28 10,000 456.94 h/w 59 Wood Street, Lexington 1 432 Omme CV No. Name and Address Lot No. Area Assessment 5832 John G. Jr. & Eleanor S. 27 13,976 $638.61 I Clark 55 Wood Street, Lexington 5833 Donald B. & Dorothy W. C 13,748 628.19 Lindsay, h/w 47 Wood Street, Lexington 5834 Joseph J. & Ann Napoli, h/w B 10,000 456.91 39 Wood Street, Lexington 5835 Mary L. Schumacher 306-311 14,531 663.94 148 Wood Street, Lexington 5836 Waldo Bros. 312-313 5,820 265.94 202 South Hampton Street, Boston 18 5837 Town of Lexington 314-320 20,550 939.00 5838 Town of Lexington 321-322 5,820 265.94 5839 John A. & Mildred C . Ferry, 323-324 7,870 359.61 h/w 86 Wood Street, Lexington 5840 Town of Lexington 325-330 14,970 684.03 II 5841 Henry J. & Helen Garten,h/w 2L.9-250 3,840 175.46 11 Fairview Avenue , Lexington & Zita Murgo, h/w 2 1-2 5,850 267.31 5842 Guy g { 5 53 22 Belmont Street, Watertown 581 .3 Clarence A. Allen 254 1,980 90.47 c/o Dorothy M. Dicicco 21 Benedict Street, Somerville 45 5844 Robert C . & Elsa V. Johnson, 255-259 10,020 457.85 h/w 60 Wood Street, Lexington 5845 Robert C . & Elsa V. Johnson, 260-262 2,880 131.60 h/w 60 Wood Street, Lexington 5846 Town of Lexington 263-265 3,762 171.90 $10049.75 11 ' Budgets will be discussed on Thursday, January 21, at 7:30 P.M. The meeting adjourned at 11:15 P.M. A true record, Attest: pect ive Jerk,( Selector .� ate. d Gxrt 1 434 - oc Tj SELECTMEN'S MEETING January 25, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, January 25, 1960, at 7:30 P.M. Chairman Maloney, Messrs . James, Adams, Ferguson and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate a man- hole and make pole connections on Spring Street, south- west of Marrett Road. Manhole and Mr. Mahon, representing the Boston Edison, was the pole lo- only person present at the hearing. He reported that cations within the last day or two, his company had received a request for relocating poles, shown on the blueprint, to the easterly side of Spring Street. He explained that this involves the underground connections presently before the Board and asked to have the petition tabled for the time being. At 7:35 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for a manhole and pd]e connections on Marrett Rodd at Spring Street and Spring Street southwesterly from Marrett Road. Manhole and Mr. Mahon, representing the Boston Edison Company, pole lo- was the only person present at the hearing. cations Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole connections and manhole location: Marrett Road, at Spring Street, a distance of about 10 feet - manhole Marrett Road, at Spring Street, a distance of about 40 feet - pole lonnection Spring Street, southwesterly from Marrett Road, a distance of about 120 feet - pole connection Mr. Mahon retired at 7:40 P.M. 425 Mr. Stevens reported on a cl&i.m filed by Miss Hilda Maxfield, whose car was damaged while parked in the munici- pal parking area when Mr. Hauck, a town employee, backed into it. Claim Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to settle the claim in the amount of $99.60. Mr.Stevens referred to the garbage contract and outlined what action had been taken when other collectors had requested additional funds. He explained that it is not possible to pay Mr. Silva more money because he is Garbage obligated to do everything the Board wants him to do under the present contract. He suggested that Mr. Carroll call Silva tomorrow and advise him that the Board is not going to authorize payment of additional money because the Town Counsel has ruled that it cannot, and to find out if arrangements have been made by the Silvas for the bond which is due within the next few days . Mr. Stevens referred to the 1959 amendment to Chapter 32B, relative to payment by the town of one half the premium costs payable by a retired employee Insurance for group life insurance and group hospital and medical insurance . He explained to the Board that the amendment would not become effective unless it has been put on the warrant and accepted, but it does not have to go en the warrant. The Chairman read a letter from Ernest Reiss, Reiss Realty Co. , Inc . , regarding the sewer easement over land owned jointly by him and Mr. Alfred Reiss, Spur track He requested permission to construct one or more spur tracks over the easement. Mr. Carroll said that there is no reason why Mr. Reiss cannot go over the easement as long as the track is put in to his satisfaction. The Chairman read a letter from the Standing School Building Committee , advising that a consultation between the architect and the Town Planner leads them to request Article the acquisition of an additional strip of land for ac- cess to the Grove Street school. It was agreed to insert an article in the warrant for acquisition of the land. Letter was received from the State Department of Public Works, advising that $40,000 had been allotted Chapter 90 for Concord Avenue, Winchester Drive and Maple Street, and $1 ,500 had been allotted for Chapter 90 maintenance 436 C70 CO Mr. Carroll reported that he called the State today because Concord Avenue had been included, and he was told that the money had been reserved for Lexington and could be used for Winchester Drive and Maple Street. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following Vo pole locations on Preston Road: Pole Preston Road, westerly side , southerly from a point ap- locations proximately 75 feet south of Simonds Road, -- Four poles. Preston Road, northerly side, approximately 45 feet west of Crawford Road, -- One pole . Preston Road, northerly side , easterly from a point ap- proximately 55 feet east of Crawford Road, -- Two poles. Preston Road, southerly side , westerly from a point ap- proximately 85 feet west ff Simonds Road,-- Fi pressrspoWr'roll and Stevens retired at 8:10 P.M. The Board of Fire Commissioners met with the Selectmen. Mr. Roeder referred to the coal bin which has been approved. by the Board for use by the Civil Defense Civil Department and explained that Fire Prevention has ad- Defense vised that it will be necessary to have another exit. He stated that it will cost $1500 to put in a stairway with a door. The Commissioners discussed budgets and retired at 8:55 P.M. The Capital Expenditures Committee met with the Board to discuss departmental estimates for the next five-year period and retired at 9:55 P.M. The Chairman read a letter from William J. Wilson and William E. Porter, 6 East Street, requesting abate- ment of a sidewalk betterment assessment in the amount Abatement of $1,036.66. Upon motion duly made and seconded, it was voted to extend the time for payment of the betterment, under the provisions of Chapter 159 of the Acts of 1950, with- out interest, until the land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first . 437 1 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings Minutes held on January 11, 1960 and January 18, 1960. The Chairman read a letter from Mr. McCrossen to Commissioner DiNatale, supporting the Board in its Route 3 opposition to the proposed location of Route 3 . The Chairman read a letter from Mr. Burrell, Director of Civil Defense , requesting the sum of Budget $9 9.10 in addition to the amount requested in the 1960 budget, for amateur radio equipment owned by the Town. It was unanimously agreed to add $949.10 to the Civil Defense budget. The Chairman read a letter from Mr . Lurvey, Ex- ecutive Health Officer, reporting on conditions, from Report on a health standpoint, at the residence of Mr. Joseph Goodwin Goodwin, 9 Pearl Street. Additional information was received from the Board of Health regarding that Board's recommendation Sewers that Longfellow Road and Hawthorne Road be sewered. During the discussion with th. Capital Expenditures Committee , it was brought to the Board' s attention that the Standing School Building Committee intends to request $90,000 for plans for a school building to be erected on or in the vicinity of the Town dump on Lincoln Street. Mrs. Morey suggested that the Board send a letter School on to the Committee, advising that at the present time, the dump site Board does not have another dump site and would like to see a plan of where the proposed school is to be located, and also to suggest a consultation before the Committee proceeds further with plans for a school on the dump site . It was agreed to include an article in the warrant relative to contributing to the cost of Mr. Anthony Culvert Buss's culvert, and the amount discussed was $2,000.00. It was agreed to meet with the Appropriation Com- mittee on Thursday evening to discuss budgets . The meeting adjourned at 10:35 P.M. A true record, Attest: acut?ive erk,( Select. pi.' 438 CC SELECTMEN'S MEETING February 1, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, February 1, 1960, at 7:30 P.M. Chairman Maloney, Messrs . James, Adams, Ferguson and Mrs . Morey were present. The Executive Clerk was also present. Upon motion duly made and seconded, it was voted to Minutes approve the minutes of the Selectmen' s Meeting held on January 25, 1960. Mr. James J Carroll, Town Clerk, met with the Board Jurors for the drawing of three Jurors . The following individuals were drawn for Jury duty: John C . Harkness, 34 Moon Hill Road, Douglas A. Allred, 38 Summit Road and Henry B. Siders, 31 Buckman Drive . Mr. Carroll retired. At 7:30 P.M. , hearing was declared oRen upon petition of the Boston Edison Company and the New r.nglaad Telephone and Telegraph Company for a j/o pole location on Massachu- Pole setts Avenue , northwest of Bow Street. location Mr. Mahon, representing the Boston Edison Company, Mr. Carroll, Superintendent of Public Works, Mr. Alexander Palladino and his daughter, Mrs. Marino, were present at the hearing. Mr. Mahon explained th- Dir.- Palladino what the companies propose and Mrs. Marino said that as explained, there were no objections to the proposed location of the pole . The hearing was declared closed and the group, with the exception of Mr. Carroll, retired at 7:50 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: Massachusetts Avenue, northeasterly side, approximately 40 feet northwest of Bow Street , -- One pole . Mr. Stevens, Town Counsel, arrived at the meeting at 7:40 P.M. The Chairman read a letter from the Massachusetts Civil War Centennial Commission relative to the observance of the 439 100th Anni*ersary of the Civil War. It was agreed to Anniversary refer the subject to the Town Celebrations Committee . Civil War Letter was received from the Arlington Board of Selectmen, together with a report submitted to that Board by its Town Engineer on the meeting called by the State Department of Public Works and consultants to discuss the inner belt highway and the radial routes to be connected with it, held December 29, 1959. The Chairman read a letter from Mr. Charles H. Sweeney, Jr. , 72 Cary Avenue, offering $200 for lot 118 Cary Avenue . In 1956 the Selectmen signed an instrument granting Mr Sweeney, the owner of lot 119, the right to use a portion of lot 118 for a sewage filter bed During the time Mr. Burns was Superintendent of Public Works he was opposed to selling lot 118 because he felt that if it were owned by a private individual, Tax title whether it was Mr. Sweeney or some other person, the Town would become involved in a drainage problem. Mr. Carroll and Mr. Stevens both recommended that the Town retain ownership. Upon motion duly made and seconded, it was voted to advise Mr. Sweeney that the Board is of the opinion it would not be in the best interest of the Town to dispose of the lot, and his offer was declined. Notice was received from the State Department of Public Works advising that by an order dated June 3, 1958, certain land and/or rights in land were taken Land taking by that Department for State highway purposes, said land being numbered 29-G approximately 80 square feet. Mr. Stevens explained that the taking and entry was made over a year ago and the time for filing a petition has expired Letter was received from the Tri-Community Chamber of Commerce , Southbridge, relative to a meeting in Framingham on February 5 to discuss House Bill 1637 and House Bill 3087 filed by the Governor to give tax free status to the gasoline stations and restaurants on limited access roads in Newton, Lexington, Belmont and Sturbridge Mr. Stevens explained that he has a note to check a report that was to be filed January 27. He said this was an entirely different problem than that of Lexington because it is a toll road in Charlton. The Chairman read a letter from Norman Richards, attorney for the Heirs of Agnes Monahan, requesting de- ferment of a sewer betterment assessment on property 440 cv pm Sewer at 51 Lowell Street . betterment It was agreed to invite Mr Richards to meet with the Board next Monday night to discuss the subject. The Chairman read a letter from Camile J. Tremblay and Anne M. Tremblay, 29 Grapevine Avenue, requestin g the Town to erect a fence along town property on Grape- vine Avenue . Mr. Carroll explained that the Town owns a lot of land on Grapevine Avenue and a lot on Marrett Road and there is a sewer easement through both lots. He sug- gested selling the lot to the people on either side , Request reserving the easement to maintain the sewer. He said for fence he did not think the Town should become involved in erecting fences . The Chairman explained that one of the abutters was interested last year but he is now retired and no longer interested., Mr. Sevens said the Board would have to find out how much the owners of the adjoining property would want to pay. He stated that the Town purchased the lots in 1950 at which time they were buildable lots. Letter was reolived from the Planning Board, ad- vising that the Board had approved the acceptance of the streets to be presented at the Annual Town 'Meeting Streets with the exception of a portion of Tyler Road. The Plan- ning Board is of the opinion that only that portion of Tyler Road which lies within Sections 10 and 11 of the Sun Valley subdivision should be accepted. Mr. Carroll reported that the portion referred to by the Planning Board is the portion to be presented. Messrs . Stevens and Carroll retired at 8:L0 P.M. The Chairman read a letter from Congressman Thomas P. OtNeill, advising that he and Congreesman John W. National McCormack have made strong appeals for the inclusion Park of $500,000 in the Park Service Budget for land acquisition for the Minute Man National Historical Park. Notice was received from the County Commissioners, Assessment advising that Lexington' s assessment for the maintenance , operation and repair to the Middlesex County Sanatorium for the year 1959 is $22,778.23; payable on or before the first of April, 1960. Application for a Package Goods Store License was received from Busa Brothers, location 131 Massachusetts Avenue . 441 The Chairman said he thought there is an opportunity for another package store . Mr. Adams agreed tnd the subject was held over for License further consideration at the next meeting of the Board on Monday, February 8, 1960 . Upon motion duly made and seconded, it was voted Town to set March 21, 1960 as the date for the Annual Town Meeting Meeting. The Board determined the value of the water main constructed in Eastern Avenue , and Upon motion duly made and seconded, it was voted to assess betterments in accordance with the provisions of Chapter 80 of the General Laws, for the improvement made by the construction of the water main on the following parcels of land in the following amounts : WATER BETTERMENT ASSESSMENT EASTERN AVENUE No. Name and Address Lot . No. Frontage Assessment 1499 Herbert G. McConchie 77 104.32 X156,48 26 Deering Avenue, Lex. Upon motion duly made and seconded, it was voted to assess betterments in accordance with the provisions of Chapter 80 of the General Laws, for the improvement made by the construction of the sewer main on the fol- lowing parcels of land in the following amounts : SEWER BETTERMENT ASSESSMENT No. Name and Address Lot No. Frontage Assessment 5887 Herbert G. McConchie 77 9,100 4421.91 26 Deering Avenue , Lex. Upon motinn duly made and seconded, it was voted to abate the water better assessment, levied against Herbert G. McConchie , 26 Deering Avenue , in the amount of 4156.48, as he was incorrectly assessed. The water have been previously installed by the developer. 442 cv Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment, levidd against Herbert G. McConchie, 26 Deering Avenue , in the amount of $421.91, as he was incorrectly assessed, sewer having been previously installed by the developer. The Appropriation Committee met with the Board at 9:07 P.M. , and discussed budgets until 11:00 P.M., at which time the meeting adjourned. A true record, Attest: r. lark Bele et +i n. 1 443 SELECTMENIS HEARING February 4, 1960 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building, on Thursday, February 4, 1960, at 8:00 P.M. Mr . Adams , Mrs . Morey, Mr. Robert Higgins of the Engineering Department, and the Executive Clerk were present. The hearing was held for the purpose of making and establishing extensions and layouts of streets to be presented to the Annual Town Meeting in March for ac- ceptance by the Town. Notices of the intention of the Board to pass Orders for the extensions, layouts and relocations were delivered by the Constable to all property owners as they appear on the most recent tax list. Mr. Adams called the meeting to order, introduced Mr. Robert Higgins of the Engineering Department, He explained that the hearing is part of the legal pro- cess involved when the Town accepts streets. He said that by accepting the street, the Town assumes liability for maintenance and repair, whereas prior to acceptance the responsibility is with the abutters, who in theory own to the middle of the street He explained that at the hearing those interested have an opportunity to see the plans and ask questions. After the hearing, action must be taken by Town Meeting The Selectmen only re- commend acceptance and the Town Meeting Members vote the acceptance . He said the eight otclock hearing in- cludes a group of streets built under the subdivision control law where the developers had to put in drains , water and sewer if a trunk line was available . He ex- plained that the Town does not accept streets unless they are built to Town specifications, and on this particular group, no betterments will be assessed. The first street taken up was Appletree Lane from Blodgett Road 245 feet, more or less , southerly to the end. No one wished to be recorded in favor or in oppo- sition. The next street taken up was Blodgett Road from Appletree Lane 970 feet, more or less, easterly to Peach- tree Road. 444 No one wished to be recorded in favor or in oppo- sition. The next street taken up was Dewey Road from Gould Road 510 feet, more or less, northwesterly to end and from Gould Road 915 feet, more or less, southeasterly and then southwesterly. Dr. Merton J. Kahne , 15 Dewey Road, asked about the width of the road and Mr. Higgins explained that it would be a fifty-foot right-of-way with a twenty-four foot pavement, thirteen feet for shoulders and five feet for a sidewalk, leaving an eight-foot grass plot. He explained that the Town would install some side hill drainage this year to eliminate the existing drainage problem. Mr. Adams explained that the town could not do any work on the street unless it is accepted. Dr. Kahne asked if betterments would be assessed and Mr. Adams replied in the negative . Mr. Herman Yagoda said his property is on the dead end and asked if there were any plans to extend the road in the near future or if the turn-around circle could be improved. Mr. Adams replied that as far as he knew, the circle is permanent. Mr. Higgins explained that the circle at the bottom of the road is temporary, and the road would be extended by whoever owns the property and not by the Town. Mr. Yagoda said it is very dusty during the dry season and asked if anything could be done . Mr. Higgins replied that if the street is accepted, the Town will take the responsibility and use calcium chloride to keep the dust down. The next street taken up was Gould Road from Grove Street 850 feet, more or less, southeasterly to Dewey RoadA Dr. Robert L. Kelley, 10 Gould Road, said there is a drainage problem in the road. Mr. Higgins said that there would be side hill drain- age on Dewey Road but it would not be done until the street is accepted. The next street taken up was Peachtree Road from end of accepted portion 1028 feet, more or less, southeasterly to end. No one wished to be recorded in favor or in opposition. 445 The next street taken up was Tyler Road from the westerly end of Blueberry Lane 1800 feet, more or less, easterly to Winchester Drive . Mr. Albert L. Panzica, 24 Tyler Road, asked why the street was not going to be accepted from Winchester Drive to Winchester Drive , and the Chairman explained that all easements have not been obtained and the Town has an established policy of not accepting streets without acquiring necessary easements. The next street taken up was Rumford Road from the westerly end of Blueberry Lane 1800 feet, more or less, easterly to Winchester Drive Mr. Eugene Merfeld, 8 Rumford Road, asked about sidewalks, and Mr. Higgins explained that there would be a forty-foot right-of-way with a twenty-foot pavement. If sidewalks are constructed, there will be a five-foot shoulder against the property line leaving a three-foot grass strip between the pavement and the sidewalk . He explained that sidewalks are built upon petition to the Selectmen, and when built, betterments will be assessed. The 8:30 P.M. hearing included a group of unfinished streets, and Mr. Adams explained that by accepting these streets, the Town becomes responsible for repair and maintenance . He said the plans were available for anyone to look at . The first street taken up was Asbury Street from Balfour Street 896 feet, more or less, northwesterly to Freemont Street. Mr. Benjamin H. Golini, 35 Balfour Street, said he owns a corner lot and when the first section of Asbury Street was finished, they did not come down and grade it as it crosses the intersection of Balfour Street and there is a drainage problem there . Most of the water will come down to his front lawn Mr. Adams said that was a construction problem and Mr. Higgins said if the department becomes aware of the situation, it will be taken care of. Mr. Golini said he thought something should be done before construction and something should be in- cluded in the specifications to eliminate the drainage . Mr. Adams said that the general principle is that no property damage is created. He explained that the standard layout is forty feet and the pavement is twenty-four feet, so there is an eight-inch shoulder on each side . He said that very often the property owners do not realize that their land starts much further back than the pavement . 446 rz cc Mr. Golini said he was concerned about the water coming onto his front yard, and Mr. Higgins said that would be taken care of. Mr. Philip Spencer, 4l Asbury Street, asked if accepting the street included storm drainage , and Mr. Adams replied in the affirmative . He said the street would be built to specifications. The next street taken up was Bowker Street from Massachusetts Avenue 725 feet, more or less, southerly to Taft Avenue . Mrs. James Bushard, 25 Bowker Street, asked if sewer would be installed, and Mr. Higgins replied that the sewer will connect to the sewer already in the street and will serve every lot . Mrs . Bushard asked if the sidewalks could be level and Mr Higgins replied they would within the right-of-way. Mrs . Bushard asked what happens when the land is high and Mr. Higgins replied that the Town either obtains slope easements, or, on occasion§ has built stonewalls . Mr. Adams explained that sidewalks is apart from building streets and would be constructed under the betterment act upon petition. Mrs . Bushard asked if the sidewalks were not levelled when the street was constructed, and Mr. Higgins replied that the shoulders would be levelled. The next street taken up was Carley Road from Reed Street 620 feet, more or less, southwesterly to end. No one wished to be recorded in favor or in oppo- sition. The next street taken up was Marlboro Road from Hudson Road 975 feet, more or less, southerly then westerly to Woodeliffe Road. Mr. Lewis Klebanoff, 4 Marlboro Road, said he heard the sewer might be installed soon and asked about the possibility of a dry sewer. Mr. Adams replied that sewer for Marlboro Road area is a long way off and dry sewers involve substantial con- struction. The next street taken up was Moreland Avenue from Moon Hill Road 1050 feet, more or less, westerly to Davis Road. Mr. Bernard G. Kuhn, 34 Moreland Avenue , asked when the project would be carried out . Mr. Adams replied that it would be presented to Town Meeting and if accepted, would go out to bid as soon as the plans are completed, probably some time in the spring and the work would probably be done before the fall. 447 The next street taken up was Pelham Road from end of accepted portion 390 feet, more or less, southwesterly to Bennington Road. No one wished to be recorded in favor or in oppo- sition. The next street taken up was Revolutionary Road from Ross Road 650 feet, more or less, northeasterly to Constitution Road. Mr. Michael L. McCarthy, 6 Revolutionary Road, said he did not want the grade raised any more than it is at the present time because water would collect on his property. He said there is a house on the street without sewer and asked if they would be required to connect. Mr. Adams said both questions would be checked. Mr. Richard Fontain, 4 Revolutionary Road, said he would like to go on record as asking for protection against any water washing down onto his property. The next. street taken up was the alteration and relocation of Reed Street $om Garfield Street 1663 feet, more or less, northwesterly to Centre Street. No one present wished to be recorded in favor or in opposition. The next street taken up was the alteration and relocation of Laurel Street from Reed Street 100 feet, more or less, northeasterly. No one present wished to be recorded in favor or in opposition. The next street taken up was the alteration and relocation of Burlington Street from Hancock Street 2150 feet, more or less, northerly to Grove Street. Mr. Adams explained that the immediate purpose of this is not relocation, but to put in a sidewalk brought about by the problem of children going to the William Diamond Junior High School. Mrs. Carl Sumner, 22 Burlington Street, said that possibly much time could be saved if someone would explain the plans . Mr. Adams stated that the plans were available and stated Burlington Street is an old County layout. The Town's standard for a road is a 40-foot layout, 24-foot pavement and 8-foot shoulders. In this instance , the desperate need for sidewalks for the school children has brought about the layout of the street which must be done before the sidewalk can be constructed. 448 Mrs . Sumner asked if there would be sidewalks on both sides of the street and Mr. Adams replied that at the moment, there will be sidewalks on the east side only. He said it is not intended to construct the road now. Mr. Charles E. Heath, 70 Burlington Street, asked if there would be any cutting on either side of the street except what is necessary for the sidewalk . Mr. Adams replied that at the moment, the only work that must be done is that necessary for the sidewalk which is included in this year' s budget, and construction will be started sometime after the money has been ap- propriated Mr. Heath asked if in the future , when the street would be relocated or land taken. Mr. Adams replied that if this relocation is voted, the land is taken. However, there are no present plans to build the road. Mr. Heath said that there is a very serious traffic problem. Mr. Adams said that relocation and construction of the road will have to come sometime , but the present plan is for the sidewalk only. Mrs . Wiltiam F. Sanborn, 32 Burlington Street, asked if the curve would be taken off. It is in front of her land. Mr. Adams replied that there will be nothing physically done at the moment and the red line on the plan shows the property line . Mr. Dow Darden, 61 Burlington Street, said according to the plan he will lose some 1250 square feet in front of his house , and asked if this would take place immediately. Mr. Adams replied that this can only be recommended by the Board of Selectmen. It will be voted by Town Meet- ing. Mr. Robert Ives, 9 Burlington Street, said he has a maple tree 43 inches in diameter on his property and the line is going through the center of the tree . Mr. Adams explained that it was the property line Mr. Ives said if the Town was taking title to the tree he would like to protest. Mr. Adams explained that the Board has always tried to vary the sidewalks if possible in an effort to save trees and this one would be taken under advisement. Mrs . Sumner said she was concerned about the trees in front of her home , owned by the Town. Mr. Higgins explained that hearings are usually held when trees are to be removed and the problem of removing the trees is recognized. 449 Mr. William Gedritis, 47 Burlington Street, asked if the wide sweep at Red Coat Lane was neces- sary, and Mr. Higgins replied that in most cases, on corners, they try to take a radius so they will have room to push snow back or to build a sidewalk in the future . He said the pavement would remain the same . Mr. Adams said that this is the layout that will be there for the future sidewalk. At the moment, nothing will be done but the sidewalk which is recom- mended by the School Department . Mr. Darden asked about the location of the sidewalk and Mr. Higgins explained that the back of the sidewalk will be against the property line . Mr. Marshall Porter, 45 Burlington Street, said he wished to go on record saying he is on the east side and does not like the problem of drainage although he has no problem now. Mr. Adams explained that when the road is rebuilt, drainage will be included. The hearings were declared closed at 9:00 P.M. A true record, Attest : -xecutive lerk'„ Salecn. l I•✓6 1 450 1.4 cv 0.11 SELECTMEN'S MEETING February 8, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 8, 1960, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs . Morey were present Mr Stevens, Town 6ounsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on February 11, 1960. Hearing was declared open upon application re- ceived from Soule Brothers, Inc . , for permission to maintain an underground tank for the storage of 2,000 gallons of gasoline at 640 Lowell Street Notice of the hearing was advertised in the Janu- Gasoline ary 28, 1960 issue of the Lexington Minute-man, and hearing the abutters , according to the Assessors ' list, were notified. Richard Richard H. Soule and Robert M. Soule were the only persons present at the hearing. The application was approved by Chief Engineer Belcastro, Lexington Fire Department, and Mr. Robert Soule reported that at the suggestion of Chief Engineer Belcastro, the tank will be located next to the fence on his property. The hearing was declared closed at 7 34 P.M. and the Soule Brothers retired. Upon motion duly made and seconded, it was voted to approve the application and grant a license to Soule Brothers to maintain one underground tank for the storage of 2,000 gallons of gasoline on premises located at 640 Lowell Street The Chairman reported that Mr. Charles H. Sweeney, Tax title 72 Cary Avenue, who submitted an offer of $200 for lot 118 Cary Avenue , obtained an estimate of the cost to install a 24" drainage pipe and said he would pipe the brook under the supervision of the Superintendent of Public Works . The Chairman said if Mr. Carroll could arrive at some satisfactory solution with Mr. Sweeney, perhaps the Board will reconsider disposing of the lot. 1 451 ' Mr. Stevens reported on the subject of tax on Diesel fuel oil and said he would endeavor to arrive at a settlement . If he is unsuccessful, thr Town will Diesel fuel have to pay $415.85 for the period from 1952 to 1956. oil tax It was agreed to authorize Mr. Stevens to dis- pose of the matter, either by settlement or by payment. Mr. Carroll referred to the triangular parcel of land on Reed Street and said that some decision should be made as to how the property is to be allocated to the abutters involved. Reed & Mr. Stevens explained that before the relocation Laurel Sts of Reed and Laurel Streets is accepted by Town Meeting, releases should be obtained from the property owners stating they would make no claim for damages and in- dicate what they would accept Mr. James said he recalled some discussion to the effect that they were to be given the land in return for release of damages for the abandonment. The Clerk was requested to refer to the meeting when the abutters involved met with the Board and ad- vise Mr. Stevens of the discussion at that time . He will then contact Mr. Jellis ' attorney and the Board agreed to accept whatever settlement he is able to make . Mr. Norman Richards, attorney for the heirs of Agnes Monahan, met with the Board. Mid Alice Monahan was also present . Mr. Richards was invited to meet with the Board in reference to his letter of January 28, 1960 requesting deferment, under the provisions of Chapter 159 of the Acts of 1950, of sewer betterment assessments on the Monahan property totaling $5,009.06. Monahan The Chairman said that the Board was familiar assessments with the problem and Mr. Richards said that Mr. Carroll had raised a question relative to deferment of the betterment assessment on the parcel of land across the street from the house . Mr. kichards explained that he had discussed with Mr. Carroll the possibility of carving out a lot upon which the house and barn would be located. That lot would have a regular betterment assessment, and the balance would come under the extension rule for three years . Mr. Richards said there is another lot across the street and asked if the time for payment were extended on that lot and it was later sold separately, would all the betterment become due or just the betterment on that lot . 452 4 CC 1.4 Mr. Stevens explained that the way it is drawn, it would mean the entire betterment . He asked if this lot abuts on other Monahan land, and Mr. Richards replied in the negative . Mr. Stevens explained that it has not been the policy of the Board to apply the statute to a single lot, and the statute was originally intended to apply to a larger area than a small single lot . He said if this is a lot by itself, it is a separate betterment, and the difficulty would come in extending the better- ment on a single lot . He said regardless of what it may have been before , it is now a single lot and the purpose of the Act was to enable farmers to defer pay- ment on large tracts of farm land. Mr. Richards said that he thought it would be best to carve out a single lot upon which the house is lo- cated and have the assessment on that apportioned. He could then ask for deferment under the Act for the bet- terment on the remaining land. Mr. Richards asked if he would be required to file a plan and Mr. Stevens replied that a plan would have to go on record. He said he thought Mr. Carroll should have a copy of the plan also. Mr. Richards and Miss Monahan retired at 8:25 P.M. The Chairman read a letter from the Massachusetts Town Clerks ' Association listing bills to come before the legislature this year. Messrs. Stevens and Carroll retired at 8:35 P.M. Upon motion duly made and seconded, it was voted Pole to grant the petition and sign the order for the Col- location lowing j/o pole locations, same having been approved by Mr. Carroll: Asbury Street, westerly side, northerly from a point approximately 85 feet north of Paul Revere Road, -- 2 poles . Letter was received from Mr. James F. Flynn, Lexington High School P.T.A. , requesting consideration to the erection of a permanent building on the athletic Refreshmant field, to be used as a refreshment stand. stand Mr. Adams suggested including this item in the survey being made of the facilities in the area. It was agreed to advise the Association that the Board is not in favor of the proposal at this time and prefers to wait until the land use survey has been comple ted. 453 The Chairman read a letter from Mr. Donald B. Cobb, 14 Hayes Lane, advising th't residents of the street would like to meet with the Board, having been advised Hayes Lane that the street would not be presented for acceptance this year. It was agreed to advise Mr. Cobb that an appoint- ment will be made if he so desires, but the hearings were held February 4 and it is not possible to include the street in this year' s Warrant for the Annual Town Meeting. Report was received from the Dog Officer for the Dog Officer months of October, November and December, 1959. Upon consideration of the report received from the Medical Panel appointed to examine Captain George W. Glenn, it was unanimously voted to retire Captain Retirement Glenn of the Lexington Fire Department for accidental disability under Section 85E (a) of Chapter 32 of the General Laws at an annual pension equal to two-thirds (2/3) of the highest annual compensation received by him while holding the grade of Captain; said retire- ment to be effective February 8, 1960 Application was received from Busa Brothers for a license to sell all alcoholic beverages, not to be drunk on the premises, at 131 Massachusetts Avenue . The Chairman suggested, and the Board agreed, that some publicity should be given in the Lexington Minute- man to the effect that the Board will receive appli- Package cations for an additional liquor license Goods Store Upon motion duly made and seconded, it was voted to advertise that an application has been received from Busa Brothers for a license to sell all alcoholic beverages, not to be drunk on the premises, at the following location; Store at 131 Massachusetts Avenue , consisting of one floor, one room, cellar to be used for storage ; front entrance on Massachusetts Avenue, side entrance to parking area, rear entrance to parking area and vehicle exit to Bow Street Upon motion duly made and seconded, it was voted to sign the Selectmen' s Report for the year 1959, sub- Town Report ject to revision. Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Election, March 7, Warrant 1960, and Town Meeting, March 21, 1960 4e4 z ac Mrs. Morey mentioned that the item of $90,000 for plans and specifications for a school in the vicinity of the Town dump on Lincoln Street is not going to be School requested at the March Town Meeting. She suggested that the Capital Expenditures Committee be notified as it will change the program and the Committee may want to revise its proposals for 1961 and 1962 before submit- ting a final report to the printer. Messrs . Maybee and Burnell, Planning Board and Mr. Snow met with the Board to discuss the contents of a letter to be sent to Mr. E.J. MtCarthy, Chief Engineer Route 3 of the State Department of Public Works, expressing the opinions of the two Boards relative to proposals for Route 3 submitted by Hayden, Harding and Buchanan, Inc . The Board determined the value of the water and sewer mains constructed in Eldred Street, and upon motion duly made and seconded, it was voted to assess betterments in accordance with the provisions of Chapter 80 of the General Laws, for the improvement made by the construction of the water and sewer mains on the follow- ing parcels of land in the following amounts: WATER HH:TTERMENT ASSESSMENTS ELDRED STREET No. Name and Address Lot No. Frontage Assessment 1502 Richard H. Soule N 749 $1,123.50 16 Hancock Street,Lexington 1503 Richard H. Soule 16 Hancock Street,Lexington M1 745 1,117.50 Lawrence H. Witherell 1 P.A. 138 Grove Street, Lexington 1504 Lawrence H. Witherell 138 Grove Street, Lexington 2 150.00 225.00 1505 Lawrence H. Witherell 138 Grove Street, Lexington 3 150.75 226.13 1506 Lawrence H. Witherell 138 Grove Street, Lexington 4 233.83 350.75 1507 Lawrence H. Witherell 5 150.00 225.00 II 138 Grove Street, Lexington $ 3,483.6d 455 111 &EWER BETTERMENT ASSESSMENTS ELDRED STRk:H.T No. Name ana Address Lot No. Area Assessment 5888 Richard H. Soule 16 Hancock Street,Lexington N 75,000 $ 3,080.95 5889 Richard H. Soule Ml 64,800 2, 661.94. 16 Hancock Street,Lexington 5890 Lawrence H Witherell 1 20,575 845 21 138 Grove Street, Lexington 5891 Lawrence H Witherell 2 15,000 616 19 138 Grove Street, Lexington 5892 Lawrence H. Witherell 3 15,075 619.27 138 Grove Street, Lexington 5893 Lawrence H. Witherell 4 22,250 914.01 138 Grove Street, Lexington 5894 Lawrence H. Witherell 5 13,300 51}6.3 138 Grove Street, Lexington 5895 Donald P & Barbara Kourian,h/w 18,100 743.54 124 Grove Street, Lexington $10,027.46 The meeting adjourned at 9:30 P.M. A true record, Attest: 4 j I 474 xe tiv Clerk, Selecn. A c Le" 456 tv 1.4 SELECTMEN'S MEETING February 15, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, February 15, 1960, at 7: 30 P.M. Chairman Maloney, Messrs . James, Adams, Ferguson and Mrs . Morey were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Mr . James J. Carroll, Clerk to the Board of Regis- trars, met with the Selectmen and requested permission Registration to have some tables placed in the Selectmen' s Room to be used for registering voters. The Board had no ob- jection and the request was granted. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on Monday, February 8, 1960 Hearing was declared open upon petition of the New England Telephone and Telegraph Company for per- mission to locate twenty-four feet of conduit in Massachuset-s Avenue and 200 feat of conduit in Maple Street. Mr and Mrs . Orbert H. Simmons , 5 Maple Street, Conduit were present at the hearing . Mr . Consilvio, represent- hearing ing the petitioner, arrived at 7:40 P.M. Mr. Carroll explained that ordinarily the conduits are about twenty-four or thirty inches deep. The side- walk will be dug up and he will request the company to install a new sidewalk. Mrs . Simmons asked if there would be a new man- hole installed, and Mr. Carroll replied in the negative . Mrs . Simmons said there is a tree in the proposed location and she was concerned about it . Mr. Carroll said that he would not let the company disturb the tree roots and it will have to tunnel by hand under the tree He explained that the work would be done under the supervision of Mr. Mazerall, who is in charge of shade trees . The Chairman read a letter from Mr. John C . Carter, 1083 Massachusetts Avenue , expressing concern for the two maple trees and about the condition of the sidewalk after the proposed installation. Mrs. Simmons asked if the condition of the sidewalk on Maple Street could be remedied and Mr. Carroll replied in the affirmative . 47 Mr. Consilvio explained that it is not intended to locate any manholes The hearing was declared closed at 7:43 P.M. and the group retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing conduit locations Massachusetts Avenue - from manhole 54/22A northwesterly to Maple Street, 24 feet of conduit. Maple Street - from Massachusetts Avenue , northerly and northeasterly approxi- mately 200 feet of conduit The Chairman read a letter from Governor Foster Furcolo, asking interested citizens to meet with him on Wednesday evening, February 17, at 7:30 P.M. in the Gardner Auditorium, to explore ways and means of pro- moting Massachusetts among the other states i IIMr. George Cooper, 191 Lincoln Street, came into the meeting and said he understood the petition for installation of a sewer in Lincoln Street had been denied. The Chairman explained that the subject was dis- cussed at great length and the cost was so out of proportion and the depth so great, that it did not seem Lincoln wise to proceed with the project without further study. Street Mr. Adams stated that sewer has to be installed sewer in Middleby Road before it goes in Lincoln Street. Mr. Cooper asked if the installation of a sewer in Lincoln Street would be considered another year, and the Chairman replied that the Board would probably consider it. Mr. Cooper, and a gentleman who was with him, re- tired at 8:00 P.M. The Chairman read a letter from Mr. Stevens, ad- vising thatlegislation sought by the Board of Fire Commissioners to amend the mutual aid agreement statute so that such agreements might be entered into between towns and areas under federal jurisdiction has been enacted by the legislature and approved by the governor. It is now Chapter 14 of the Acts of 1960 and will become effective ninety days from February 1, 1960, the date on which the governor approved it . Mr. Stevens retired at 8:10 P.M. 458 ►.� CC The Chairman read a letter from Mr. Thomas F. O+Keefe, Jr. , 250 Grove Street, suggesting instal- lation of storm drains to collect water now running into his driveway and back yard from bojah Lexington and Bedford. Mr. Carroll reported that Mr. 0/Keefe talked to him about the problem which has been bothersome for years . The only solution is to run a drain down parallel to the Bedford line a distance of 250 feet. Drainage He said it is not a good solution and questioned whether it would be wise to spend about $2,000 to solve the problem which affects only one abutter. Mr. Carroll reported that he understood the Town of Bedford was willing to contribute towards the cost, and he suggested, if Lexington wants to help this man, to ask him to find out from Bedford how much that Town will contribute . He said Mr. 01Keefe does have a pro- blem, but the Town does not have any problem. Mr. Jamas asked if the Town has any liability for damage , and Mr. Carroll replied in the negative . He explained that he has discussed similar cases with Mr. Stevens . It was agreed to advise Mr. 0/Keefe to contact the Bedford Board of Selectmen to find out definitely if Bedford will contribute to the cost of a solution to his problem and if so, how much. The Chairman read a letter from Mr. William Roger Tree Greeley, commending the men for their work on removal of a diseased elm tree . The Chairman read a letter from The Cloverleaf Rubbish Service System, Canton, announcing a new system of processing rubbish and trash that will eliminate any town dump or incinerator. Petition was received from the Boston Edison Company for permission to locate one pole on the Cambridge-Concord Highway. Pole Mr. Carroll reported that the petition was re- location ferred back to the Boston Edison Company because this is a State Highway, but Mr. Mahon returned it for the Board' s signature . Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: Cambridge-Concord Highway, southerly side , approximately 95 feet west of Green Lane ,-- One pole . 459 The Chairman read a letter from Richard D. Hamilton, 14 Harbell Street, offering $23,000 for II lots 243-258 on Asbury Street and lots 234-242 on Freemont Street; the amount to include all water , sewer and street betterments Tax title It was agreed to invite Mr Hamilton to meet with the Board to explain what he proposes to do if the Board should decide to accept his offer. A letter was received from Alfred A. Murray, 17 Theresa Avenue , offering $800 plus $450 street betterment assessment, for lots 152 and 153 on Theresa Avenue . Tax title Upon motion duly made and seconded, it was voted that a proposal to sell be advertised in the Lexington Minute-man and further consideration be given to the offer at the meeting of the Board on March 7, 1960. Mr. Carroll said he noticed that the amount ap- proved for the Park Department budget was $53,495 and he had requested $59, 795. He said apparently the request for two additional men was not approved and he did not care one way or another, but if the two men are not approved, the item for the power mower Park Dept. might as well be taken out. He said the machine would Budget not be needed if ha is not going to take care of the school areas and without the men, he can't take care of them. He explained that the Maria Hastings School and the Harrington School areas were never taken care of by his department before . The Chairman said his department should not take care of any school territory that it has not had be- fore, and Mr. Carroll explained that there is a field in back of the Franklin School with a diamond and the School Committee wants him to take care of that also. The Chairman asked if the two additional men would be permanent employees, and Mr. Carroll replied in the affirmative . Mr. Ferguson asked what the men would do in the winter months, and Mr. Carroll replied that they would be working on Dutbh Elm disease , snow removal, clearing brush on recreation fields and clearing ice on the rinks, depending on the type of winter. He said Mr. Mazerall very definitely wants two more men if he has to do the school work. Mr. Adams said actually the request is for extra labor. The Chairman said the Board would discuss the subject further with the Recreation Committee . Mr. Carroll retired at 8:40 P.M. 460 CC Letter was received from the American Legion, Invitation Stanley Hill Post, inviting the Chairman and Mrs. Maloney to attend the Annual Washington Birthday banquet to be held February 22 at the Legion Build- ing, 3 Fletcher Avenue . Due to a previous commitment, it will not be possible for the Chairman to attend, so Mr. James agreed to represent the Board Upon motion duly made and seconded, it was voted to sign layouts of the following streets to be presented at the Annual Town Meeting for acceptance by the Town: Appletree Lane Marlboro Road Street Asbury Street Moreland Avenue Layouts Blodgett Road Peachtree Road Bowker Street Pelham Road Burlington Street Reed Street Carley Road Revolutionary Road Dewey Road Rumford Road Gould Road Tyler Road The Board of Fire Commissioners met with the Select- men to discuss the manpower situation in the Fire Depart- ment . epart- ment . Mr. Sheldon explained that the appointment had been requested because the Commissioners felt they may not have presented their case adequately before . They would like three additional men in the department and not six, which will give them one man on the present shift basis . Mr. Sheldon said that in September, 1958, the Com- missioners shortened the hours from 614 to 56. Everyone Fire Comm. on both Boards realized this would have some effect on the protection situation. At that time, it was mutually agreed to give it a try. Under the present set-up, there are eight men at the Center Station and four in East Lex- ington, leaving one man light at the Center. He said the situation is complicated by the fact the Department funs the amnbulance . He stated that taking two men on the ambulance and a man on the desk leaves not eight but five men. There is another added factor . During the vacation period, they are not operating with eight in the Center and four at East Lexington, but with seven and three . He said there is sickness in the department as in other departments . He stated that the Commissioners felt these are things they should have discussed before because this is the practical side of the argument He said the Fire Department will operate without the three men, but it is a matter of the Selectments judgment if they feel this is a chance the Town should take . 461 The Chairman said that the Board has discussed the subject somewhat and realizes the problem but there never will be a perfect situation. He stated that the Commissioners have requested extra funds for the call men and there is a mutual aid agreement with the Air Force Mr. Roeder stated that the Department is operat- ing with less men than it had a year and a half ago . The Chairman said he personally felt the Com- missioners would be burdened with pressure for shorter hours if there are more men. Mr. Roeder said that the Privatest Committee , with whom the Commissioners meet, has not asked for shorter hours and are satisfied with the present setup because it gives them an opportunity for outside activities . Mr. Fitzgerald said they are not in favor of the forty-eight hour week because it would break up their outside time . Mr. Adams suggested that the Department might get around the shortage by increasing the amount for extra duty. Mr. Sheldon said that call men are available at night, but during the day, the Department is restricted to Town departments and only to that with permission from the Superintendent of Public Works Mr. Roeder explained that there are only three call men on the force who could respond to the aiabu- lance or take out a piece of equipment. Mr. Ferguson asked if the schedule could be re- arranged so there would be more regular men on duty during the day and use call men for nights . Mr. Roeder said that then there would be certain men working days all the time and certain ones working nights all the time . Mr. Ferguson asked if the Commissioners considered there are two men always on the ambulance and Mr. Sheldon replied not unless there is a call. Mr. Ferguson said in figuring the cost of operating the ambulance , the Board should figure the cost of six firemen and Mr. Sheldon said it probably should Mr. Adams said that it all comes down to a calcu- lated risk. The Commissioners retired at 9:00 P.M. Application was received fromManuel J. Aruda and Ethel R. Aruda for a license to sell all alcoholic beverages, not to be drunk on the premises, at =329 Liquor Massachusetts Avenue . License Upon motion duly made and seconded, it was voted to advertise that an application had been received from 462 *4 rz cc Manuel J. Aruda and Ethel R. Aruda for a license to sell all alcoholic beverages, not to be drunk on the premises at the following location: Building at 329 Massachusetts Avenue , consisting of one floor, sbrage room, cooler room and sales room, with a cellar to be used for storage . The building is stucco and measures 37' 4" x 341 x 171 4" x 5► x 20 ' x 29' The Appropriatinn Committee scheduled the meeting for 9:00 P.M. , in compliance with the provisions of Article XIII, Section 2, to consider the items which make up the annual budget. The discussion was concluded at 10:50 P. M. , at which time the meeting adjourned. A true record, Attest: 7I 07ecdtive,; er Select . 1 1 463 SELECTM N I S MEETING February 23, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, February 23, 1960, at 7:30 P.M. Chairman Maloney, Messrs . James, Adams, Ferguson and Mrs. Morey were present Mr. Carroll, Superintendent of Public Works , and the Executive Clerk were also present. Mr. James J. Carroll, Town Cierk, met with the Board for the drawing of four jurors . The following individuals were drawn for jury duty: John B. Ward, Jurors 5 Philip Road, Frederick R Hartstone , 29 Tyler Road, Richard K. Brehm, 22 Tyler Road and William E. Reeder, 51 Laconia Street. Mr Carroll retired. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on February 15, 1960 . Mr Carroll reported that tomorrow he would apply to the Board of Retirement for the retirement of Mr. Kelley, Dump Attendant, effective March 31, 1960. He Retirement explained that Mr. Kelley does not want to retire and therefore , he , Mr. Carroll, is filing the application, which Mr. Kelley will appeal. The reason for the re- tirement is superannuation, and inasmuch as Mr . Kelley has been employed by the Town for only fifteen years, and also due to his age at the time of employnt, he has no rights . Mr. Carroll informed the Board that Mr. Higgins has requested one week' s vacation commencing next Monday. He explained that this would be vacation due next Vacation summer, but it would be more advantageous to the de- partment to have him take it now. The Board had no ob- jection. Mr. Carroll reported that he has talked with Mr. Charles Sweeney, 72 Cary Avenue , who has made an offer to purchase lot 118 Cary Avenue . Mr. Sweeney has agreed, if the Board decides to sell the lot to him, to pipe the brook 125 feet from where it presently ends. He also Tax title agreed to give the Town an easement of whatever width is requested up to twenty-five feet . He said the Town 464 cc C� '=J would inspect the pipe laying and make sure it is pro- perly done . Mr Carroll said that there are certain restrictions now covering this lot and if the Board agrees to sell, he suggested that the same restrictions apply. He said the Town should have a drainage easement the entire length of the lot. He explained that Mr. Sweeney does have a very bad situation at the present time He has only two bedrooms and expects another child and is forced to enlarge his house He is willing to pay more than that he offered. Mr. Carroll also recommended in- cluding a restriction in the deed prohibiting the erection of a building on the lot. Upon motion duly made and seconded, it was voted to accept Mr. Sweeney' s offer of $200 for lot 118 Cary Avenue , subject to itestrictions, and that the lot be sold and con- veyed to Mr. Sweeney. The Chairman read a letter from Mr. Philip P. Lyons, 41 Baker Avenue , offering $200 for lots 452,453 53 and 454 Banks Avenue Mr. Carroll reported that there is no water or sewer Tax title in front of these lots and it is his opinion that they should not be sold. He explained by selling the lots, a buildable lot would be created and then there is no sewer or water to service it. He said it would be diffi- cult to extend the sewer to these lots and there is none on the street. He stated that several requests for dewer had to be eliminated from the budget and he did not think an additional request should be created by disposing of these lots . Upon motion duly made and seconded, it was voted to advise Mr. Lyons that it is the opinion of the Board that it would not be in the best interest of the Town to dispose of these three lots. Mr. h..chard D. Hamilton, 14 Harbell Street, met with the Board relative to his offer of $23,000 for lots 243-258 inclusive on Asbury Street and lots 234-242 inclusive on Freemont Street, the price to include cost of all water, Tax title sewer and street betteriiemts,. Mr. Hamilton presented a rough sketch of what he in- tends to do if he acquires the property and also submit- ted two pictures, taken from a magazine , showing the type of houses he would erect . He stated that the houses would range in price from $16,850 to $19,000 for the Capes and $21,900 or $22,000 for a Garrison. Mr. Hamilton retired at 8:05 P.M. Upon motion duly made and seconded, it was voted to advise Mr. Hamilton that the Board will hold the subject in abeyance until all betterments have been determined which will be after the streets have been constructed 465 The Chairman read a letter from John D. Clark, 37 Prichard Avenue , Somerville , offering $1,000, plus $564 26 sewer and water betterments, for lots 631-634 inclusive on Freemont Street Tax title Upon motion dWy made and seconded, it was voted to advise Mr. Clark that the Board is of the opinion it is in the best interest of the Town to retain ownership of these lots Mr. Carroll retired at 8 :35 P.M. Petition was received from the Boston Edison Company for location of five poles on Homestead Street Pole The locations were approved by Mr. Carroll and upon locations motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole locations : Homestead Street, southerly side , easterly from a point approximately 65 feet east of Asbury Street,-- Five poles . The Chairman read a letter from William E. Erickson, State Conservation Officer, requesting information rela- tive to Chapter 233 of the Acts of 1957 as Chapter 40, Chap. 223 Section 8C of the General Laws. 1957 The Chairman was authorized to advise Mr. Erickson that no action has been taken to accept the provisions of the act and no action is contemplated. The Chairman read a letter from Mr. Norman T. May, attorney for Mr. and Mrs. Guy Murgo, advising that the Murgos would like the sewer betterment assessment levied against lots 251,252, and 253 Wood Street abated. If Abatement additional land is ever acquired, the owners will pay a sewer connection charge in full at the time the connection is made . Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment in the amount of $267 .31 levied against lots 251,252 and 253 Wood Street, owned by Mr. and Mrs . Guy Murgo. Petition was received from Francis E. Burke, re- questing installation of a sidewalk in front of pro- perties at 80-88 and 92 Bedford Street . Sidewalk The Board agreed that the sidewalk should be in- stalled and it was also suggested that curbing be in- stalled. 1 466 n 0t' "xi Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders, as follows: By striking out in Article VIII, Section 19, the following : Traffic (a) No driver of a vehicle shall make a Rules & right turn from Bedford Street onto Orders Hill Street, between the hours of 7:30 A.M. and 0 A.M. (b) A driver of a vehicle shall make a right turn only from Clarke Street onto Massachusetts Avenue between the hours of ! :00 P.M. and 6:30 P.M. The Chairman read a letter from Mr. Arthur E. Burrell, Director of Civil Defense , to which was at- tached a list of individuals he would like to have ap- pointed as members of the Communications Service in Civil the Lexington Civil Defense organization. Defense Upon motion duly made and seconded, it was voted to appoint the following individuals as members of the Communications Service, all having signified their willingness to accept the responsibilities of the posi- tion and having completed the necessary oath as required. under Chapter 639, Acts of 1950, as amended: COMMUNICATIONS SERVICE Lexington Civil Defense Sidney R. Ballou 22 Hathaway Road Lexington Arthur J. Bennell 6 Upland Road Lexington Edward D. Krevis 26 Preston Road Lexington David F Packard 79 Ward Street Lexington John C . Sheehan, Jr. 10 Moon Hill Road Lexington George F. Conklin, Jr. 17 Nichols Road Lexington Appollo C . Bougas 21g. Baker Avenue Lexington Robert S. Prescott 6 Forest Street Lexington Albert S. Woodhall, Jr. 220 Lincoln Street Lexington Robert W. Saunders 293 Marrett Road Lexington Alvie L . Jorgensen 23 Normandy Road Lexington William K, Coburn 950 Waltham Street Lexington Upon motion duly made and seconded, it was voted to Cert. of sign a Certificate of Incorporation application filed Inc . by John Thornton, 52 Reed Street, satisfactory character reference having been received from the Chief of Police . 467 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a requisition blank for one regular full-time patrolman, at the rate of Requisition $L ,000 per year to replace Charles E. Camirand whose employment with the Town terminated October 6, 1959. The Chairman read a letter from Philip L. Tropeano requesting, on behalf of the Lexington Lodge 1443, Order of the Sons of Italy, permission to operate a tonic and Booth sandwich booth in the driveway at the Coffee Shop on April 19, permission having been obtained from Mr. Trani and Mr. Baker, owners of the land. The Board had no objection. Application received from Busa Brothers for a license to sell all alcoholic bev'r ages, not to be drunk on the premises, at 131 Massachusetts Avenue , was held over License until the next meeting of the Board. The meeting adjourned at 9:20 P.M. A true record, Attest 01 exec ive lerkf Select P A 468 CC "1J SELECTMEN'S MEETING February 29, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 29, 1960, at 7:30 P.M. Chair- man Maloney, Messrs. James, Adams and Ferguson were pre- sent Mr. Stevens, Town Counsel, Mr. Carroll, Superin- tendent of Public Works, and the Acting Clerk were also present . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on February 23, 1960. At 7:30 P.M. , hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company to locate poles on Spring Street. Mr.Mahon, representing the Boston Edison Company, Mr. and Mrs . Charles F . Hutchinson and Mr. William F. Cowles were present at the hearing . Mr. Mahon explained that at a hearing held on Pole November 30, Mr. Cowles, Mr. Gallagher and Mr. Green , locations objected to the location and it was suggested relo- cating the poles to the easterly side as shown on the plan. That is what this petition is for . Mr. and Mrs . Hutchinson said their only concern was the trees, and Mr. Mahon said that pole was to be located some twelve feet away from the southerly side of their lot line . There were no more questions, as long as the trees were not affected, and the hearing was declared closed. Upon motion duly made and seconded, it was voted to sign the order and grant the petition for the follow- ing JO poles: Spring Street, southeasterly side , south- westerly from a point approximately 795 feet southwest of Cambridge-C on- cord Highway, -- Three (3) poles . (Three existing J/Opoles to be removed) . Spring Street, southeasterly side, northeasterly from a point approximately 615 feet north- east of Cambridge-Concord Highway, -- Two (2) poles . (One existing JO pole to be removed ) 469 II Spring Street, southeasterly side , approxi- mately 1, 125 feet southwest of Cambridge- Concord Highway, -- One (1) pole . (One existing pole to be removed. ) At 7:40 P.M. , hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for a manhole location and pole connections on Spring Street Mr. Mahon, representing theBoston Edison Company, was the only person present at the hearing. Mr. Carroll explained that these poles are for Raytheon and that there are no houses at all. Hearing was declared closed at 7:43 P.M. , and Mr. Mahon retired Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole and manhole locations : Spring Street, southwesterly from a point approximately 3980 feet southwest of Marrett Road, a distance of about 120 feet, -- Pole connection. Spring Street, southwesterly from a point approximately 4100 feet southwest of Marrett Road, a distance of about 10 feet, -- Manhole . Spring Street, southwesterly from a point approximately 4110 feet southwest of Marrett Road, a distance of about 45 feet, -- Pole connection Mr. Carroll brought up the subject of the water Situation with the Air Fcr ce . He met with Mr. Edwin Howard a few weeks ago, and he had a preliminary rate from Whitman & Howard. Out of these meetings, he has Water - received this water rate study from Whitman & Howard Air Force Mr. Carroll said at the last meeting with the Air FDDce , it was decided that the way to even up the Air Force ' s share of the 36"and 24" mains was through an increase in the water rates The first important point that was brought out by this study is our present operating deficit of $62,000. The Air Force ' s share of this deficit is about 3.8¢ per hundred cubic feet, so theoreti- cally at the present time , the Town could increase their rate 3.8¢ and make it 17¢ per cubic foot to pay for their share of this deficit as they do not pay taxes . Whitman & Howard went into the study of 1964, which seemed to be 470 cc about the fairest year, and they came up tith a new rate to the Air Force which will enable them to pay the Town the amountof money it wants from them in ten years, and this will be 32¢ per hundred cubic feet . Mr. Carroll said he did not know whether the Air Force would accept this situation as it is now, and he sug- gested that he get in touch with Browning and have him come to Lexington to see whether or not this is what they want basically. There is no use wasting weeks and months if this is not what they want . If this is satisfactory to the Board, Mr. Carroll will contact Browning. Mr Ferguson inquired what the present rate was and Mr Carroll replied 13¢ per cubic foot. The Chairman said to discuss it with them anyway. The Chairman read a letter from the Commonwealth of Massachusetts, Department of Corporations and Taxation, with regard to the assessment of real property by local Boards of Assessors under Chapter (49, and offering their services and assistance to the assessors . Mr. Stevens agreed to look into this matter . Mr. Stevens suggested that the Board go over the Warrant and motions with him and see if there is Warrant agreement with the Selectmen as to amounts and sources so that the Warrant can be put into final form with this Board instead of the incoming Board Mr. Stevens inquired if any decision had been made Reed Street on Reed Street, on the parcels to be available to the abutters, and the Chairman replied that there was to be no charge made . The Chairman read a letter from the Lexington Lions Club requesting permission to run their annual July 4th Fourth of July festivities. festivities The Board had no objection and their request was granted. The Chairman read a letter from David C . Cameron, 19 Grandview Avenue, requesting the sewer to be ex- tended to 19 Grandview Avenue . Mr. Carroll reported that Mr. Gayer wrote him in 1958 . Mr. Carroll has investigated and finds there is no sewer available . However, he feels the Town could connect directly into the sewer on Welch Road about 60 feet and assess betterments; the only diffi- culty being that Mr. Cameron owns a good bit of land and the Town would have to make sure they assess the betterments over the right number of lots. 471 The Chairman referred this letter to Mr. Carroll for his consideration. The Chairman read a letter from Mr. Charles E. Ramsey, Harvey W. Newgent & Associates, relative to tax title lots #59 and #60 Ivan Street. Mr. Ralph Frissore has resubmitted an offer of $3,000, plus Tax title betterments, for these lots . The Board discussed the subject and it was the unanimous opinion of the Board that it is in the best interest of the Town to retain ownership of this pro- perty Upon motion duly made and seconded, it was voted to grant the following license : License William DeFelice 80 Westview Street Peddler' s (Ren'wl ) At 8:04 P.M. , Mr. Norman May, representing Berman' s Liquor Store, came into the meeting . Mr Berman' s only request is not to issue a license near him. He feels he has a good place , with a heavy investment, and that there will be no benefit to the Town to have another liquor license close to his store . It would make competition for him and will not lower the Liquor prices . He feels if a license is to be granted, it license should be in an area where there isn't another store Mr. May presented a petition containing 85 names all requesting no license in East Lexington. Mr. May thanked the Board and retired. Mrs. Morey arrived at the Meeting at 8:55 P.M. The East Lexington Men' s Club had invited a member of Warrant the Board to discuss the important articles of the Warrant to be presented at the Town Meeting. A lengthy discussion was held with reference to the Town Dump, relative to the fees to be charged to commercial vehicles for dumping, as outlined in Mr. Dump Carroll' s letter of February 25, 1960, copies of which had bean sent previously to each member of the Board. Mr. Carroll' s recommendations were approved tentative to his reporting back to the Board, with certain modifications which are to be reviewed before going into effect . Mr. Carroll had checked with other Towns, Wellesley, Belmont, etc , and he would like to contact a consult- ing engineer and get an estimate of the cost of making a study of the rubbish disposal problem; what they would 472 cv 01.0 charge to make a study of it , and at the June town meeting to get money and recommendations so that at the next Annual Town Meeting they would know what they should do. Mr. Carroll will report back to the Board next week. Mr. Carroll presented a plan showing Milliean and Millican & Ives ' land. Ives ' land It was decided to exchange land with no money in- volved. Mr. Carroll retired at 9:25 P.M. Application of Busa Brothers, 131 Massachusetts Avenue , for a liquor license to sell all alcoholic beverages, not to be drunk on the premises, was held over. After considerable discussion by the Board, it was Liquor unanimously voted to grant Busa Brothers a Package Goods license Store License, to be located on the following premises: Store at 131 Massachusetts Avenue, consisting of one floor, one room, cellar to be used for storage ; front entrance on Massachusetts Avenue , side entrance to parking area, rear entrance to parking area and vehicle exit to Bow Street . Upon motion duly made and secondees, it was voted to deny the application of Ethel R. Aruda and Manuel J. Aruda for a liquor license to sell all alcoholic beverages, Liquor not to be drunk on the premises, at the following location: license Building at 329 Massachusetts Avenue, consisting of one floor, storage room, cooler room and sales room, with a cellar to be used for storage . The building is stucco and measures 37' 4" x 34' x 17'4't x 5' x 20' x 29' . The meeting adjourned at 10:55 P.M A true record, Attest: p(*a 4 Acting Clerk, Selectmen 473 SELECTMEN'S MEETING March 7, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room. Town Office Building, on Monday, March 7, 1960, at 7:30 P.M. Chairman Maloney, Messrs . James , Adams, Ferguson and Mrs . Morey were present. Mr Stevens, Town 'ounsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole and remove two existing j/o poles on Constitution Road. Notice of the hearing was sent to abutters as Pole they appear on the most recent Assessors ' list location Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing The proposed location was approved by Mr. Carroll, Superintendent of Public Works, and the hearing was declared closed. Upon motinn duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole location: Constitution Road, northeasterly side , approximately 50 feet northwest of Freemont Street, -- One pole (Two existing poles to be removed. ) At 7 35 P.M. , hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permis- Pole and guy sion to locate four poles with a guy wire and anchor wire lo- on the 4th pole on Eldred Street . cation Notice of the hearing was sent to abutters as they appear on the most recent Assessors ' list . Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. The proposed locations were approved by Mr. Carroll, Superintendent of Public Works, and the hearing was declared closed I 474 1.42 Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole locations : Eldred Street northerly side , westerly from a point approximately 65' west of Grove Street, -- Four poles - guy wire and anchor on the nth pole . At 7 40 P M , hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for per- Pole mission to locate one pole and remove an existing location pole on Lowell Street . Notice of the hearing was sent to abutters as they appear on the most recent Assessorst list. Mr. Mahon, representing the Boston Edison Com- pany, and Mr . and Mrs. John E. Kenney, 518 Lowell Street, were present at the hearing. Mr. Mahon explained that there is a pole now located in the Kenny' s driveway and the company would like permission to move it to the lot line . The Kenneys were in favor of the proposed lo- cation and it was approved by Mr. Carroll . The hearing was declared closed and the group retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the following j/o pole location Lowell Street, westerly side , approxi- mately 285 feet south of East Street, -- One pole . (One existing j/o pole to be removed. ) Upon motion duly made and seconded, it was voted ao approve the minutes of the Selectments Meeting held Minutes on February 29, 1960, subject to clarification of the discussion relative to fees to be charged for dumping at the Town Dump, and the discussion relative to the Millican and Ives land The Chairman read a letter from Thomas D.Kenna, attorney representing Cecile Beresford, who is claiming Claim personal injury and property damage as a result of an automobile accident involving a town truck operated by Frank Longeleway Mr Stevens received a copy of the letter and re- ported that he had contacted the attorney and also wrote the insurance company requesting it to contact him after an investigation had been made . 475 The Clerk reported that a telephone call had been received from Johnathan French, attorney for the Massachu- setts Selectmen' s Association, relative to H-2732 which has to do with assessing restaurants on Route 128 A hearing will be held Wednesday at 10 30 A M. with the Hearing Committee on Taxation. Mr. Stevens advised that the bill should be op- posed and he agreed to contact Senator Madden on the subject. The Chairman read amemorandum from Jonathan W. French, attorney for the Massachusetts Selectmen ' s Association, advising that the budget submitted by the Governor, and now pending before the House Com- Chapter 90 mittee on Ways and Means, does not contain any recom- mendation for an appropriation for Chapter 90 work for the State ' s fiscal year . All monies heretofore appropriated, including $5,750,000 appropriated last year, have been encumbered, allocated, assigned or pro- mised by the Department of Public Works for work already approved, and it appears that without an appropriation, there will be nothing for the County meetings of next fall to assign It was agreed to contact the State representatives The Chairman read a letter from Mr. Paul M. Mitchell who is concerned relative to the dispostion of the topo- graphy of the west property line of 25 Asbury Street and Asbury St. the immediate Town property which drops off onto Asbury 4tree t . Mr Carroll reported to the Board of his correspond- ence with Mr. Mitchell. He reported that the contractor worked on the property September 14, 16 and 18 with four men and a truck at his own expense removing ledge Mr. Mitchell stopped the men from working because he felt it was better the way it was, and subsequently changed his mind. Mr. Carroll told Mr Mitchell that he should discuss the subject of an abatement with the Board. If the Board agrees that he is entitled to some abatement, he could then invest the money in d fence . The Chairman asked if Mr. Carroll felt anything should be done other than what was done, and Mr. Carroll replied in the negative . Mrs . Morey asked if an abatement should be approved and Mr. Carroll replied that he did not know,. The pro- perty has been bettered but whether it has to the extent levied is something for the Board to decide . It was agreed to view the property and discuss the subject again at the next meeting. 476 CC Each member of the Board received a letter, signed by residents of Young Street, relative to open sewage, wet cellars and large bodies of water caused by the lack of proper drainage The Chairman reported that he went over to Young Street and learned that many of the people did not Young Street sign the petition for acceptance of the street. They are having trouble with Mr.Frizzore, the builder, who told them that if the street is accepted, the cellars would be dry. Howc' er, they felt that he would be re- lieved of an obligation and were not sure that con- struction of the street would eliminate the problem. Mr. Stevens pointed out that the letter sent to the Board does not request acceptance of the street, but merely asks for drainage . The Chairman said that it is possible , if the Board reviewed the situation and there was 100% signa- tures, that it could be presented at a Special Town Meeting. Later in the evening, four residents of the street came into the meeting and the Chairman explained that he had reported their problem to the Board. He advised that there are no articles in the warrant whereby the street could be accepted at the Annual Meeting. He also explained that a public hearing must be held before any street is presented for acceptance , and if the situ- ation is serious enough, it probably could be considered for a Special Town Meeting,. Mr . James explained that there were numerous re- quests for street construction which could not all be done this year and the Board considered those with the highest percentage of signatures The Chairman suggested that another petition be presented, signed by all the property owners, and it is possible the Board would consider it at a Special Town Meeting. The Chairman read a letter from Mr . William T. Baylis, advising that he has the power of attorney to act for Mr Conant, who owns property on Lincoln Street Conant Mr. Carroll reported that this individual met with him and Mr. Snow and said that if the Town had any dealings with Mr. Conant relative to subdivision of his property, easements or anything else , he should be contacted, as Mr Conant is senile , and when Mr. Carroll asked by what authority he was acting for Mr. Conant, he agreed to submit evidence , and that is the reason for this letter. 477 The communication and document were taken by Mr. Stevens The Chairman read a letter from Mr. Eugene Buckley, 22 Grant Street , registering a complaint about the snow removal in front of his house The Chairman referred to a letter sent Mr. Buckley last year stating that the area would be Snow kept clear. removal Mr. Carroll stated that if he agreed to clear the area last year, it was an error on his part and he felt it ridiculous to waste time and money by sending the snow loader over to remove the snow. Mr Adams said he thought the Board should look at it and discuss the subject further next Monday. Mr. Stevens retired at 8:25 P.M Mr . Adams said Mr Carroll should be compli- mented for the snow removal operations . The Chairman read a letter from the Mystic Valley Gas Company, requesting permission to extend a 2-inch high-pressure gas main in Kendall Road to tie into an existing main on Marrett Road. Gas main Permission was granted providing the instal- lation conforms to Mr. Carroll' s specifications. The Chairman read a letter from Mrs . Dom F. Ross, requesting the erection of a street sign on the Richard Road end of Robbins Road Some time ago the Board agreed to erect signs on unaccepted streets and have the developers of new streets responsible for those . signs . Mr. Carroll was authorized to order a sign and have it erected. The Chairman read a letter from Mr Harold B Lamont, suggesting the erection of traffic lights whereWoburn Street and Winthrop Road enter Massachu- Traffic setts Avenue . The subject was referred to the lights Traffic Study Committee Upon motion duly made and seconded, it was voted to sign an application for a Certificate of Incorpo- ration on behalf of Thomas J. Connell, 3 Abbott Road and Charles A. Stevenson, 5 Flintlock Road, satis- factpry cOaracter refere ces }aving been received from the Chief of Police . 11 Mr. Carroll retired at 8:35 P.M. 478 8 0_°' CC 1.4 Letter was received from Mrs . Rich, Collector of Taxes, asking the Board to review and consider an ad- ditional increase for Mrs . Tullar, Senior Clerk, and Mrs . Ryder, Junior Clerk As a result of the information submitted in the letter, it appeared that because of specialized train- ing, of which the Board was not aware , it was agreed to recommend to the Appropriation Committee and the Town Meeting a revised personal services budget for the Collector ' s Department which will include the following rates : Mrs . Tuller, $1.85 per hour - $64.75 per week; Mrs Ryder, $1.60 per hour - $56.00 per week. Upon motion duly made and seconded, it was unani- mously voted to adopt the following Salary System for Town Office Building employees C LERK'S SALARY SYSTEM The principle of this proposed system is the es- tablishment of a basic hourly rate for an inexperienced clerk . This figure represents the lowest rate paid to any clerk. To this base rate are added certain increments determined by experience, special training, service with the Town, ana job performance, theesum of which can determine the salary of any clerk within the employ of the Town. The system should be used to establish the salary of a new employee , Following are the elements of the system: Basic 1. The basic rate shall be $1.40 per hour . Training 2. If trained in shorthand, bookkeeping, business machine operation, etc. , - 10¢ per hour additional. Service in 3 . An addition 5¢ per hour shall be paid for Lexington each two years ' of service with the Town- maximum 25 cents per hour. (4. When an individual is hired there shall be ( paid an additional 5¢ per hour for each two ( years ' experience immediately preceding such Prior ( hiring to a maximum of 25sC per hour Experience (5. If such experience does not immediately pre- ( cede such hiring the amount additional shall { be 4 per hour for each two years' of such ( experience to a maximum of 10 cents per hour. Performance 6. Excellence in job performance may command up to 20 cents per hour in addition upon recom- mendation of the Board of Selectmen. Example - New employee having 8 years ' experience immediately prior to employment by Town and having skill in s: orthand. Rate would be : $1.40 + .20 + .10 = $1.70 per hour, $59.50 per week 479 Example - Employee having 15 years ' of service with the Town who was inexperienced when employed. Rate would be : $1 .40 + .25 = $1.65 per hour, *57.75 per week . The Clerk was instructed to send a copy to each Department head and advise them that the Board would appreciate receiving a notice as any new individual is employed, explaining how the rate at which he or she is to be employed is arrived at. The Board gave further consideration to Mr. Alfred A. Murray' s offer of *800 for lots 152 and 153 Theresa Avenue . A proposal to sell these lots was advertised Tax title in the February 18, 1960 issue of the Lexington Minute- man. No persons contacted the Selectmen' s Office as a result of the advertisement . Upon motion duly made and seconded, it was voted to sell and convey lots 152 and 153 Theresa Avenue to Mr. Alfred A. Murray. The Chairman read a letter from Robert Bentley, 39 Asbury Street, offering $2,000 for lots 631-634 Freemont Street . Within the past month, an offer for the same lots had been rejected by the Board . It was agreed to advise Mr . Bentley that any Tax title action relative to the disposition of these lots will be deferred until all betterments have been determined which will be some time after the construction of the street . Certification of the Board' s request to the Civil Service for one permanent patrolman was received, the only name submitted being Herbert W. Evans , 22 Tucker Police list Avenue . On February 16, 1959, Mr Evans came into the Selectmen' s Office and stated to the Clerk thathe is no longer interested in being appointed to the Lexing- ton Police Department and the Division of Civil Serice was so notified The Chief of Police advised the Clerk to- day that Mr. Evans is still not interested. Petition was received from Mr. Harvey Newgent, signed by residents of the Robinson Hill area, requesting accept- ance of Hastings hoad, Childs Road, Diana Lane , Wingate Road and Leeland Terrace It also requested that the Town act as if the streets had been accepted and maintain them until they are . It was agreed that the streets cannot be accepted Petition until all necessary easem nts are obtained and that the streets cannot be maintained until they are accepted. 480 z r, cc Mrs . Morey reported that the League of Women Voters would like to have the votes for Town Meeting available the Friday before the meeting as the members of the League feel they should be familiar with the motions before they are presented. In discussing the subject with Mr Stevens, he felt that the votes should be with the Clerk or a member of the Board and only the vote shown in which a member of the League has some particular in#restw He hoped they would not want to make a change in any motion or rephrase the financing . Mr. Ferguson said he thought it would be an undesir- able policy to establish because on occasions, the votes are changed before Town Meeting and he did not see that anything would be gained by making them available . Mrs. Morey said that some times the people do find it difficult to understand the motion. Mr. James stated that it is the function of the individual presenting the motion at Town Meeting to ex- plain it . It was agreed that the League should be told that if there are any questions as to what any motion will be , the time to obtain the information is at the warrant meetings, and the Board does not feel they should be available for general scrutiny. Upon motion duly made and seconded, it was voted to charge the amount of $10.00 for the officer on duty at the Engineers ' banquet to the Selectmen' s Expenses Account The meeting adjourned at 9:20 P.M. A true record, Attest : i `xec dive lerkkSelect en 1 481 SELECTPRN'S MEETING March 14, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, March 14, 1960, at 7:30 P.M. Messrs . Adams, Ferguson, Richards, Cole and Mrs . Morey were present . The Executive Clerk was also present The meeting was called to order by the Executive Clerk. Motions were in order for the election of a Chairman Mr Adams nominated Mrs. Morey as Chairman of the Board for the ensuing year. Organization Mr. Ferguson nominated Mr Adams, stating that he was in his senior year on the Board. Mr. Adams declined and Mr . Cole moved that the nominations be closed Mr Adams seconded the motion and it was so voted The Executive Clerk east one ballot for Mrs . Morey as Chairman/. Mrs . Morey was unanimously elected Chairman of the Board for the ensuing year. Mr. John J. Carroll, Superintendent of Public Works , met with the Board. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the meeting held on March 7, 1960. Upon motion duly made and seconded, it was voted to grant permission and sign the petitions for the Pole following j/o pole , guy wire ana anchor locations, location same having been approved by Mr. Carroll Cummings Avenue , southwesterly side south- easterly from a point approximately 75 feet southeast of Cliffe Avenue , -- Two poles . Baker Avenue , northwesterly side, approxi- mately 105' southwest of Butler Avenue , -- One pole - guy wire and anchor. The Chairman read a letter from Mr. and Mrs . Alexander Ritchie , 44 Bridge Street, expressing appreciation to the Public Works Department for the speed and thoroughness in plowing and sanding the streets during the recent Snow snow storm. removal 482 CC The Chairman read a letter from the East Lexington Men ' s Club suggesting the erection of a more prominent sign at the intersection of Massachusetts Avenue and Maple Street . Mr . Carroll reported that he had the sign replaced but it wis knocked down two days after it was erected He intends to have the entire island resigned which should reduce the accident hazard It was agreed to so advise the East Lexington Men' s Club. Mr. James J. Carroll, Town Clerk, met with the Board at which time Mr . John Carroll retired. The Chairman stated that she had explained to the Salary Board that Mr Carroll was not satisfied with the salary approved for Miss McDonough. Mr. Carroll said he did not think that the other two girls had been treated fairly. He said that some girls will receive raises of $5.00, $6.00 and 47.00. He reported th t Miss McDonough works overtime and is paid for overtime but she ha to work for it. She is not satisfied and it is a matter of concern to him. He is having difficulty with her continuing to work nights, Saturdays and Sundays The Chairman asked if Miss McDonough wanted to dis- continue the overtime work regardless, of what her salary is and Mr Carroll replied in the affirmative . He ex- plained that the work she is doing was formerly done by the Board of Assessors but was transferred to his depart- ment by law Mr. Richards asked how much overtime was involved and Mr. Carroll replied that it varies Mr. Richards asked if it would average ten or twelve hours a week, and Mr Carroll replied that would be a good average The Chairman explained that the overtime is paid from the Registrars ' appropriation. Mr. Carroll said that Miss McDonough feels the other girls will receive an increase for work in regular hours from nine to five . He thought she would be satis- fied if she were given an increase of $6.00. Mr. Cole asked if Miss McDonough would continue with the overtime work if she received an increase and Mr. Carroll replied in the affirmative . Mr. Ferguson stated that he could not understand how the overtime worked into this He w s under the impression that the salary schedule was made up on the basis of experience , skills and length of time The fact that a girl worked overtime did not affect the scale 483 Mr. Carroll said that the overtime was a separate item Mr. Carroll retired at 7:55 P.M. The Board discussed the subject at length and agreed to approve the rate of $80 .00 per week, and to review the salary for this position again when budgets are being prepared for 1961 . Mr. Stevens and Mr John Carroll returned to the meeting. Mr Stevens asked if the Board had any particular interest in A' title 31 which provides for the Planning Board to obtain options for land as locations for future streets, playground or recreational purposes . He re- ported that the account is now down to about $500 and Option the Planning Board is not requesting any additional Article amount . He said this does not leave very much money available in the event the Selectmen want to exercise any options . The Board decided to have Mr Stevens check with the Planning Board The Chairman rad a petition signed by owners of the so-called Veterans ' lots on Hill and Cedar Street advising that they are interested in purchasing ad- ditional land behind their present lots Article The petition was started by Mrs . Charles E. Connolly as a result of Article 37 in the Warrant re - questing authorization for the Selectmen to sell lot 6 to the owners of the abutting lots 5 and 7. Mr . Morelli, owner of lot 7: is not too interested now and Mr. Belcher, owner of lot 5, has sold his property. Upon motion duly made and seconded, it was voted to indefinitely postpone this article . Mr. Stevens retired at 9 25 P.M. Letter from Mr. Eugene Buckley, 22 Grant Street, relative to snow removal, was held over from the last meeting of the Board . The Chairman explained that there is a triangle there and Mr Buckley likes to have the snow loader sent down to pick up the snow . Mr Carroll objects Snow to taking equipment down to this area for one indivi- removal dual . The Chairman and Mr. Adams inspected the area after last week' s meeting. It was agreed to advise Mr. Buckley that the Boa° d will endeavor to keep this particular location in mind AQA bmsai CG in future to make certain that he receives the same consideration as other citizens of the Town, but the Board is opposed to authorizing equipment being sent out to remove snow for private individuals Mr. Carroll explained briefly his recommendations Dump relative to charges for dumping in the Town dump and presented samples of the permits he is considering using. Mr. Carroll retired at 9:50 P.M. The Chairman read a letter from the Board of Fire Commissioners advising that as a result of the recent Transfer snow storm an unusual amount of extra duty was neces- sary to protect the Town, amounting to an expenditure of approximately $2400, and it may be necessary to request a transfer at a later date . The Chairman read a letter from Nathaniel P Blish, Appointment 150 Pleasant Street, advising that he would like to be considered for appointment to the Appropriation Com- mittee . Letter was received from Chief Rycroft, recommend- ing that Mr Raymond W. James be appointed a Special Special Police Officer The Chief explained to the Clerk that Police Mr. James ' present appointment commissioned him as a Selectman and not as a private citizen. Upon motion duly made and seconded, it was voted to appoint Mr Raymond W. James a Special Police Of- ficer for a period expiring March 31, 1960 . Upon motion duly made and seconded, it was voted to reappoint Mr Gardner C . Ferguson to represent the Selectmen on the Board of Directors of the Lexington Visiting Nurse Association. At 10 20 P.M. , Messrs . Burnell, Grindle , Soule , Mabee and Myer met with the Board. Mr. Burnell stated that the Planning Board has a problem of organization and a problem of salaries They have two avenues to approach the solution. They Planning could go to Town Meeting next Monday and ask for an Board increase in the form of an Assistant and a full-time Secretary, This , the Board feels, is very necessary in addition to the Planning Director, if the Board is to carry out the work expected of it. The Board is not quite sure , however, as to the amount of money to request . The other avenue is to wait and go before the Town Meeting next June and ask for a package plan 485 which would include the Director, Assistant to him, and a full-time Secretary He said the problem is what approach to make , whether something should be done now or at the June meeting The Chairman said that the program is quite a sub- stantial one to be considering doing one week from to- night and she thought the time was short Mr. Mabee said that the Planning Board feels it should be at another meeting. Mr. Ferguson said that this is the first he has heard on the subject and he wonders how, if there is a special program in mind, it can be delayed a year if the personnel is needed now . Mr. Grindle said that the work is behind and the Board should have asked for it this year but it is too late to request additional help at the Annual Meeting. He said all Town Boards and Committees call upon Mr. Snow and as a result, the masterplan and center play- ground plan have not been done He needs extra help as soon as possible . Mr. Ferguson asked if the type of work the Plan- ning Board expects to have done was of a continuing nature or if it could be done by hiring a consultant engineer. Mr Burnell explained that the cost of contract- ing for this work outside would be almost prohibitive , and it is a continuing need. He said that Mr. Snow is completely submerged all the time and it is too much for one individual to take care of just the routine duties of the Planning Board. Mr. Burnell explained that one of the reasons the subject is being brought up at this late date is that it came up in conversations during the last two weeks . The Planning Board hoped to get an increase for Mr. Snow and requ sted 10% which was cut back to 5%. Mr. Adams aaid he thought this was not only a Planning Board problem but also the problem of other Boards . Mr Snow ' s job was planning and he was ex- tremely qualified. He became involved in subdivision control and is doing work for every Board in Town . He stated that the subdivision control has saved the town thousands of dollars, but has placed a burden on Mr. Snow, Mr. Carroll and Mr . Stevens Mr. Mabee said he did not think anything should be done at this Town Meeting and the Planning Beard should have a complete report prepared . Mr. Richards asked if an emergency existed now and Mr. Burnell replied in the negative . 486 The Planning Board retired at 11:05 P.M and the meeting adjourned. A true record, Attest: r` � xecf�ti�vCler/ Sele c�filmen. 1 487 SELECTMEN'S MEETING March 21, 1960 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 21, 1960, at 7:00 P.M. Chairman Morey, Messrs. Adams, Ferguson, Cole and Richards were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present . Letter was received from Mr. Raymond E. Lewis, Adjutant, inviting the `'hairman to attend the American Legion Legion dedication ceremony on Thursday, March 24, 1960, dedication at 8:00 P.M. Inasmuch as the Chairman will be unable to attend, Mr. Cole agreed to represent the Board. The Chairman reported that she had received a call from Mr. Bongiorno in regard to Ben Bertini Night to be Ben Bertini held April 9, 1960, and stated that she will not be able Night to attend. Mr. Cole agreed to attend and represent the Board. Upon motion duly made and seconded, it was voted to approve the petitions and sign the orders for the following j/o pole locations : Welch Road, southerly side, easterly from a point approximately 40 feet east( of Grandview Avenue , -- Six poles . Pole locations Compton Circle, northeasterly side, approxi- mately 130 feet northwest of Peacock Farm Road, -- One pole Compton Circle, southwesterly side, approxi- mately 305 feet northwest of Peacock Farm Road, -- One pole . Grandview Avenue , southwesterly side, approxi- mately 110 feet southeast of School Street,-- One pole . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting Minutes 488 Is ec no held March 14, 1960, subject to clarification of the discussion relative to Article 31 in the Warrant Upon motion duly made and seconded, it was voted Licenses to renew Auctioneer' s Licenses issued to James J. Green, 8 Fiske Road and Robert W. Cann, 48 Hancock Street. The Chairman referred to Article 4, Planning Board Personal Services item andreported that the salary re- commanded for Mr. Snow had been increased and approved by a majority of the Board of Selectmen and the Appropria- tion Committee It will be covered in the Committee ' s supplementary report. She explained that the Planning Board had checked salaries with MIT and surrounding towns and felt justified in recommending the indrease . Mr. Richards said he would like more information pertaining to Mr. Snow's background, and Mr. Adams advised that the files contain detailed information which is available . Mr. Adams moved that the Board approve the increase in salary for Mr. Snow which was recommended by the Planning Board Mr. Ferguson wished to be recorded against it. Mr. Richards reported the t two of the Fire Com- missioners had talked to him relative to the advisa- bility of keeping the old ladder. Mr. Adams explained that the Commissioners ad- vised the Board tht the present ladder was in such bad condition that it was unsafe and they definitely recommended the purchase of a new one . It was the opinion of the Board that the old ladder should be turned in towards the purchase of a new unit. Mr. Adams brought up the subject of Emerson Road and reported that the people in the Peacock Farm area are going to oppose it because they do not want it to go through that area. He said he would like permission to speak in favor of Emerson Road on behalf of the Board. Mr. Ferguson said that if this was the only ob- jection he would agree to Mr. Adams speaking for the Board. Mr. Adams was authorized to represent the Board and speak in favor of the Emerson Road p1ect . The meeting adjourned at 7:50 P.M. A true record, Attest: '90,4 ec/e/ er'J Selec,(en nb bO1 ff 489 SELECTMEN'S MEETING March 22, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, March 22, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson and Cole were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- sent . Mr. Richards arrived at the meeting at 7:45 P.M. Mr. Ferguson asked who authorized a change in the Planning Board's Personal Services budget and said it had not been voted upon by the Selectmen. Mr. Adams explained that he took the approval of the change for granted as there was no dissent. Mr. Ferguson said that he had dissented. He did not think the change should be made and there was no vote taken on it. Mr. Adams said he thought Mr . Ferguson had made his point that he did not agree to the change, and he Change in was under the impression that it was four to one . vote, Art.4 Mr. Ferguson said he made his point very clear and was surprised that the change had already been made . Mr. Adams said he thought it was made clear that the change was made by four members of the Board on Saturday morning. Mr. Ferguson said that if the Board is going to have a meeting, it should be announced in advance . He said he did not think the Board should have an informal get-together and change anything. The Chairman explained that she had asked to have a meeting on Saturday morning but the Board did not want it and at the time , she said she would be at the office Saturday morning and hoped as many as could would come in if possible . She recalled that the sub- ject had been discussed before and came up when the Appropriation Committee came . In view of what had been said the night before, those present Saturday morning were sure the Board would go along with the change re- commended by the Planning Board. At 8:00 P.M. , Mr. Anthony R. Catildo met with the Board, at the Board's invitation, to discuss acquisi- tion by the Town of land owned by him for a municipal parking area. The discussion was more or less as fol- lows: 490 0D GD nu Chairman: The Board knows that I went to see you after the meeting last Monday and told you of the appraisers' figure, and I told them your re- action and you told me your bottom price was probably $ 0,000.00. That is what I have re- ported The Board does not feel it could justify asking $40,000 for a piece of land which we know you paid less than $20,000 for. You have your reasons and we felt you should justify it. Cataldo: Where do we stand now? Chairman: Why do you think it is worth so much more than you paid for it? Cataldo: If I got it as a gift, what difference does that make in what I ask for it? This is number one . In the first place, that is not the price that was paid for it if the truth were known. I could go into detail on price but I don't think it makes one bit of differ- ence . Explain what difference it makes on what the price was. I could have inherited it . Stevens: According to the record, you bought it from the railroad and therefore the price you paid could be assumed to be some indicationof the value . Cataldo: The prices you have are not a true fact and I will go into detail if it is important enough. I don't think it makes any difference . Stevens: Don' t you think the price is some indication of what you and the railroad thought it was worth? Cataldo: Yes, but you people do not have the right price . Stevens : We have the record prices. Cataldo: It is not set up that way. I am not coming in to do a selling job. When I purchased the pro- perty, I purchased it with no intention of sell- ing it to the Town of Lexington. I had a plan for the whole area and was aksed by the Board if I would consider something else for the bene- fit of the community. I dropped a lot of long- range plans on the say-so of members of the Board of Selectmen just after I purchased it. Ferguson: When did you buy it? Cataldo: 1958. Ferguson: What date? Cataldo: I don' t know exactly. Ferguson: When did the papers actually go through? Cataldo: April, 1959. 491 II Chairman: You had activity going on there for some time . There was loam in the old freight yard. Cataldo: The deal I made with the Boston and Maine was . There were four different parcels. It was set up, it did not make any difference what deed took what parcel. They were all one package . It was figured so many square feet of land. We broke down the deeds and parcels so there would be one deed for the station and the other three parcels came in another deed and that was for the purpose of what I had in mind . The station was not worth a dime . The full price of the package was $45,000 and because I set up the deeds the way I wanted to for my own purpose in the future and had no bearing on the cost of any land there . It was almost cheaper to tear the building down and build a new structure but to please some of the people in Town, we decided to keep the old building and it cost me over $100,000. The only thing good was the land. How are you going to value that property because you looked up a deed with a figure of $20,000 for back land? None of it was zoned for business to begin with. I value the station per square feet of land. Stevens : When you purchased the station and the adjoin- ing piece, had it been zoned for business? Cataldo: No. Stevens : I understood you had an agreement to buy it subject to getting the zoning changed. Before the 1958 Town Meeting we worked to get it in. Cataldo: That was before I purchased it . The whole thing was residential. Stevens: The zoning was changed in 1958. I remember you said the zoning change was on the condition that you agreed to buy it. Adams: That was 1959. Stevens: You paid a residential price for it . 9'ataldo: For the whole works. It was one package deal . I don't see any difference what it cost. There is a 99 year stipulation for a waiting room, baggage room and freight which someone has to digest. I am taking all the stipu- lations on the building and will deliver a free and clear deed eliminating the freight . I did not think it good to put a bank with a freight yard in the back yard. I think it is worth $50,000 to clear up Lexington center, but don' t do me any favors. 492 rD Stevens: The deed to you of parcel 3 gave the rail- road the right to maintain the spur track but they have taken it up. Cataldo: I have changed it since . I have changed the arrangement with the Boston & Maine . They left the track and took the freight away. Stevens : The right to have the spur track has been abandoned? Cataldo: Yes. I have eliminated the passing track. It is on their land but will make that much more land available . It makes all the way down to Grant Street. Stevens : For the railroad to sell. It is not included in parcel 3. Cataldo: No. There will never be any chance of having it a freight yard. There will be one track going from Lexington Center and I think that is worth the price itself. There is 99 years of waiting room, L.C .L. and baggage room some place . It is in the $45,000 deal . Cataldo: I have made all the arrangements to put on the stipulations on the building and deliver the parcel free and I would just as soon you not take it. Stevens: They talk about underground facilities. Cataldo: That is common with the railroad. The pass- ing track will be out too. What is the pro- blem anyway? I was asked to stop some of my planning and as a community service, pass it to the Town. Richards: The problem is a fair and reasonable price to which you are entitled. You know how much you want for it . What is fair is what the land is worth. The only questionwe have in mind is how do we arrive at the figure . If you paid $45,0o0 for the whole thing, you are not en- titled to $1i5,000 for only a portion. Cataldo: Then dontt take it. Who picks up the 99 years and restrictions? Richards: That can stay or be taken. Cataldo: Are you going to supply a waiting room and baggage room? Richards: You can leave them on or take them. You pur- chased the land with certain restrictions and paid $45,000. Now you will sell a portion of the land. Cataldo: You will get 86,000 square feet out of 100,000 without any restrictions . I will pick up the restrictions for 99 years or until the freight and trains stop, whihever comes first. Richards: What is the figure you want? What do you think is fair and reasonable? Cataldo: $50,000. Richards: I don' t think that is fair. How do you arrive at it? Cataldo: Someone has to supply a waiting room, heat it, light it, janitor service, baggage room, L.G .L. for 99 years or until the trains stop running, whichever might come first. If I pick up the stipulations and deliver you the land free and clear, I am willing to do it . Stevens: The restrictions as to providing the waiting room and baggage facilities is Only bh-the depot part. Cataldo: That is because I put it there for future reasons. Stevens : We look at it the way it is . Cataldo: You should have left me alone . I would have minded my own business and kept the land. Adams : It is true that at one time the thought was to build a sttion across the tracks. Cataldo: I had thought of it at one time . I could have put the restrictions and kept the build- ing on the other side of the track. I could not plan the way I wanted it. I then put all the restrictions on one part so I could deliver some land at a future date . If the Board did not come and bother me, I would not be here . Chairman: It is a question of what is best for the Town of Lexington. Catildo: I was willing to comply. There has been nothing but cheap talk. I am willing to listen. All I heard was $15,000. If I had to take $15,000 or $20,000 for that land, I told Bill Maloney, I would give it to the Town free . He said the Town does not want it free . I have 99 years stipulation to live by. Stevens: You feel we should consider parcel 3 in some way as being obligated to contribute toward the depot . On the record, the restrictions are not on parcel 3/ Cataldo: That is theway I set it up so I could deliver parcel 3 free and clear . I did not want to spend $100,000 on a building and have the spur tracks in. the .bakk door . I had to: have those stipulations. There is $1. 5,000 spent there with 99 year restrictions and 100,000 square feet of land. I will deliver 86,000 square feet to the Town if they want it. What was the station worth? 494 "=J Chairman: Why not consider the bank building as just land that could have a zoning change where the other couldn't. Cole : When you purchased the land you could have had the restrictions applied to the whole parcel? Cataldo: That is the way it was. Being connected with the Boston & Maine I had it done this way. Cole : If you had the restrictions cover all the pro- perty, then the property would have been re- duced in value . Cataldo: To be sure , but none of it would be for sale . Stevens: What can be done with that parcel with the shape it has, minimum frontage it has, in an R-1 zone? Cataldo: That might be changed. People change and things change. Stevens: You know the approach of a taxpayer. They want to know what they are getting is worth the amount they are being asked to pay for it. The more restrictions there are, the less value the land is . Assuming this parcel has no restrictions on it, what is a piece of land there zoned for residential worth? Cataldo: You approached it on what it cost, and now you are gproaching it another way . Stevens: The thing we are looking for is value . Cataldo: I gave you the cost so go on from there . Stevens: I understand that this property was to be rezoned as part of the deal. Tis was re- zoned before you took title . Cataldo: That is right . The plans were to take the property anyway. Stevens: You did not take title until it was rezoned. Cataldo: The zoning had nothing to do with it . The Boston & Maine legal department takes so long to pass papers . Stevens: When we were talking about rezoning, you could not even get a plan. Cataido: It was a delay on the part of the corporation lawyers and had nothing to do with rezoning. There was business in the building before I took it . Stevens: You feel that all this land has the same value on both sides of the tracks. Cataldo: When I purchased it, yes. The only change is what I spent on the building and the parking. What value would the station have? I don't see why it makes any difference that I should be airing my problems or the Boston & Maine problems 495 Stevens: The attempt is being made to try and find its value . Chairman: Do the merchants want to buy it? Cataldo: I heard they want to raise $20,000. What- ever you say tpnigOt is the way it is going to be . Stevens : The Chairman was frank in saying that the mean price on the appraisals is $15,000. Cataldo: Let your appraisers deliver you land some- where else . Ferguson: What is your price? Cataldo: A fair price with all stipulations would be in the neighborhood of $50,000. Ferguson: Whit is the price you would take? Cataldo: If there is enough interest, I would go along with about $40,000, but other than that, I will keep it where it is. Ferguson: I have been the one not anxious to take this right along, $40,000 is your price. Cataldo: If anyone wants to figure out the figures I have given, and the stipulations at 040,000 I would estimate, if the Board wants to go along with $40,000, I will . Ferguson: I don't see this for that amount of money. What is your price? Is your price $40,000? Cataldo: I will leave it at $40,000. If you can prove I am wrong, then I would sit down and hear about it. Ferguson: Our only question now is if we think it is worth $40,000. We are not trying to chisel you down. The only other choice is to take it by eminent domain and let the court decide . Cataldo: That is all right with me . Then we will really decide it . As far as $15,000 you might as well keep the money in the Town Hall. The passing track from Grant Street to Meriam Street is in the works. I think it can be worked out . It will be Boston & Maine land but can be acquired and Will make a big dif- ference . if- ference . Adams: That could at a later date be thrown in, Cataldo: I can' t make any deal with the Boston & Maine . I could not give a right of way over the tracks but I could from my property, and I am sure it could be worked out . The biggest thing here is living with 99 year stipulation . I value that land at $100,000. Stevens: On the record, this land has no restrictions on it. In trying to value it, we have to take it as it is. Mr. Cataldo retired at 8:50 P.M. 496 pri 'rJ Mr. Ferguson said the first question is, does the Board want this land badly enough to take it by eminent domain. Mr. Stevens said that obviously the only thing to do is to take it if the Board wants to acquire it . The Chairs n said that the Board has agreed it is desirable for the Town to acquire the area. Upon motion duly made and seconded, it was voted that the acquisition of the land for parking should be recommended to the Town Meeting. Mr. Ferguson wished to be recorded in opposition. Mr. Richards said that he was not prepared to vote as he has never discussed the subject or seen a plan until this evening. He said he thought it had all been decided by the Selectmen that it was desirable to acquire the land. Mr . Adams explained that it was a four to one vote . Mr. Richards said he would like to see how the land lies and know a little more about the plan and what the use is. He said he thought some information should be given to the question as to how badly it is needed. The Chairman asked what the maximum price should be . Mr. Stevens explained that if it comes to a question of eminent domain, before the order is adopted, the Board should see the regulations and talk to the railroad. He said this is not just an adoption of an order of taking by eminent domain and then the Town votes it. He explained that eminent domain is used only where time is of the essence or for title reasons the Board thinks it is good to have a new title started. Later in the evening, Mr.Carroll presented a plan showing the Cataldo land and pointed out its relation- ship to the present municipal parking area. He reported that the area under discussion would accommodate approxi- mately 217 cars . Mr. Adams reported that the acquisition of the land has been recommended by the Planning Board for many years. Mr. Ferguson said it was anything but recommended five years ago. Mr. Adams said that they did not get into a recom- mendation at that time . Mr. Carroll explained that the comparative recom- mendations were against it, as against another proposed area. Mr. Richards asked if the motion before was that it was desirable to own this parcel of land. Mr. Adams replied tkt it was the consensus of opinion that it was needed by the Mown for additional parking, The Chairman explained that the idea was that it all did not need to be dexeloped right away. She asked 497 if the present Board agreed with the prior Board that the acquisition of the land is desirable . Mr. Richards replied th3 t he was in favor of the fact that it is a desirable thing to do. Mr. Carroll said he felt the Board might not have all the necessary answers for next Monday. On the other parking areas, there were plans and studies made with slides for Town Meeting aiiid all the facts prepared in advance . Mr. Richards said he thought the price of $40,000 is excessive and he could not recommend that tothe Town. He said he thought the Board would be criticized if it recommended $40,000 for a portion of the land. He said Mr. Cataldo has himself in a legal bind . Now when the land is being sold or being taken, he said he did it the way he wanted it. The record is against him. He said he feels Mr. Cataldo is in a position where the figure of $40,000 is too high and from his own experience, he does not believe Mr. Cataldo can justify that as being the fair andreasonable value of that land. He said he would never recommend it to the Town at that price or close to that price He said he thought a jury would bring back something arou;d $20,000 which he thought would be a fair price . He stated, with reference to making Mr. Cataldo another offer, that he thought that would only succeed if the Board could sit down with his counsel. The Chairman said that if it is taken by eminent domain, the Board still has to establish a figure . Mr. Richards said he would be willing to recommend $25,000. He said it would cost between $3,000 and $5,000 to try the case . The experts ' fees would be at least $1,000 each day. He stated that there is one serious flaw. The nature of the land is very difficult, and it would be a far more difficult taking than is ordinary. There is the question of trying to sort out the deeds and then trying to determine, once the Town has the lot, how it is going to make crossings. Mr. Adams said he thought there should be two cross- ings . Mr. Richards recommended $25,000; $20,000 for the land and $5,000 for construction. The Chairman recommended $30,000 for the purchase and $5,000 for the immediate improvement of the land to keep the $35,000 figure recommended by the Appropriation Committee in its report . Mr.Adams said the vote would be to purchase at $30,000 or take it by eminent domain. Mr. Ferguson said he would go along with Mr. Richards on the $20,000 and $5,000. 498 Nosh CV Mr. Adams said the Board could take it by eminent domain or make him another offer. The Chairman said that Town Meeting members like a clean-cut purchase . Mr. Ferguson agreed that the Board cannot get that anyway. He recommended that the Board advise Mr. Cataldo that it cannot agree to $10,000 but thinks the land is needed by the Town and so will take it by eminent domain and then put the amount of the highest appraisal in the article . Upon motion duly made and seconded, it was unani- mously voted torecommend $25,000 for the acquisition of the land. Further consideration was given to the notice re- ceked from the ABC , advising that a hearing on the question of granting approval to the application of Alfred S. and Daniel P. Buss for a Package Goods Store license . Mr. Stevens explained that this is not a legal statutory hearing. When the local licensing authority grants this lieense, it is subject to the approval of the ABC . Normally, the Commission simply acts on it and in most instances approves. In this case , they had a number of letters and petitions from Lexingtonians opposing the granting of the license and opposing any approval of it by the Commission. He reported that Norman May had written a letter for a group opposing it. In view of these protests, the Commission felt the people should be given an opportunity to express their views . He said that the Board is entitled to be present if it sees fit . He said the Board could attend and the Town Counsel could attend if the Board so desires . Mr. Adams said his feeling was that someone should be at the hearing. Mr. Ferguson asked why anyone should attend, and Mr. Adams said someone should be present as an observer. He said it was the decision of the Board to grant the licensesand he thought the Board should be represented. Mr. Ferguson said he could not see where the Board is involved at all. He said the Board granted the license and thought it was all right . It is now up to ABC to ap- prove it. Mr. Stevens said he thought the Board's interest would be to make sure that what action it took was not misrepresented at the hearing. Mr. Ferguson said thatall the Board did was to ad- vertise and vote to grant the license . 499 Mr. Adams said he would like to have Mr. Stevens attend the hearing. Upon motion duly made and seconded, it was voted to request Mr. Stevens to attend the bearing . Mr. Ferguson went on record that he did not think the Board had any particular interest and that sown Counsel should not be present at the hearing. Upon motion duly made and seconded, it was voted to hold the Selectmen' s Meeting on Monday, March 28, 1960, at 7:00 P.M. Mr. Stevens retired at 9:20 P.M. Mr. Carroll reported that John Harrington, an employee of the gown, had an operation, is in the hospital and his 45 days ' sick leave time will expire Sick leave April L . Mr. Carroll said he has a good reputation with the Town, will not be out of the hospital for some time and will be convalescing for a month. He would like authority to extend the sick leave for thirty days. Mr. Ferguson said that, upon Mr. Carroll's re- commendation, he would not hesitate granting the re- quest. However, last year there was some discussion pertaining to sick leave , and he understood that Mr. Carroll and Mr. Cronin were to formulate a policy for the Board to consider, so that all employees would be treated equally. Upon motion duly made and seconded, it was unani- mously voted to authorize Mr Carroll to extend Mr. John Harrington' s sick leave for a period of thirty days . The Chairman read a letter from Andon Grigor, Lexington Food Market, relative to snow piled in the corner and on both sides of thestore door. She re- ported that Mr. Carroll has seen the letter. It Snow removal was heavy snow and there was some left there , but it did not interfere with the door . It was agreed to advise Mr. Grigor that the Department of Public Works did the best it could under the circumstances and call his attention to the fact that it is the responsibility of the owner or agent, having charge of any building or lot of land abutting on a sidewalk, to have the snow removed. Mr. Carroll retired at 9:55 P.M. 500 rz CC Upon motion duly made and seconded, it was voted to approve the petitions and sign the orders for the following j/o pole locations: Rangeway, northeasterly side, southeasterly approximately from a pointpp y s 75' south- east of Winter Street, -- Two poles . Crawford Road, westerly side, southerly from a point approximately 20' south of Preston Road, -- Four poles . Emerson Road, southwesterly side, approxi- mately 1001 southeast of Adams Street, One pole - - guy wire and anchor. Emerson Road, northeasterly side, south- easterly from a point approximately 2401 southeast of Adams Street, -- Three poles - - guy wire and anchor on the first pole . The Chairman read a letter from Ralph E. Chadwimk, Sealer of Weights and Measures, relative to the 45th Out of State National Conference on Weights and Measures to be held Travel for in Washington, D.C . in June . He attended a conference Sealer about ten years ago at which time the Town of Belmont paid the expenses . He would like to go this year or next year and felt that Lexington should pay the expense . It was agreed to advise Mr. Chadwick that it is too late to consider the expenditure this year and suggest that he include the item in his 1961 budget for the Board to consider. Upon motion duly made and seconded, it was voted Bond to approve Bond No. 84853, in the amount of $97,000.00 on behalf of Ethel U. Rich as Tax Collector. The Chairman read a letter from the Emergency Finance Board, advising that a Meeting will be held School on Tuesday, April 5, at noon, to consider the appli- cation for authority to borrow in accordance with Chapter 6185 of the Acts of 1948 for construction of a new elementary school. Upon motion duly made and seconded, it was voted Paper to grant permission to theChurch of Our Redeemer to Drive conduct a paper drive on Sunday, May 1, 1960. 501 Invitation was received from the Town Celebrations Committee , inviting the Board to participate in the April 19 early morning parade on April 19. Upon motion duly made and seconded, it was voted to make the following annual appointments: ANNUAL APPOINTMENTS March 31, 1960 - March 31, 1961 Board of Appeals Aiden L. Ripley (5 year term) Board of Appeals (Associate Members) J. Henry Duffy George W. Emery Charles H. Norris James A. Harding, Jr. Bridge Charitable Fund Trustees Donald R. Grant (6 Year term) Constable Charles E. Moloy Director of Civil Defense Arthur E. Burrell Director of Veterans / Benefits and Services Maurice D. Healy Executive Clerk, Selectmen Hazel J. Murray Fence Viewers Rev. Harold T. Handley John J. Garrity Field Drivers John W. Rycroft Benjamin W. Day Gammell Legacy Income Trustees Mrs . Mary Casey Mrs. Margaret L. West Insect Pest Control Superintendent Paul E. Mazerall Lockup Keeper John W. Rycroft Public Weighers Harold I. Wellington Edward F. Skinner Public Works Superintendent John J. Carroll Registrars of Voters Malcolm H. Clifford (3 year term) Ralph Elvedt 602 cy ANNUAL APPOINTMENTS (CONT'D. ) Town Engineer John J. Carroll Veterans ' Graves Officer Maurice D.Healy Mr. Ferguson said he would like to have the Building Inspector meet with the Board to discuss enforcement +bf by-laws in general. Upon motion duly made and seconded, it was voted to invite the three Inspectors to meet with the Board separately to discuss their offices. Upon motion duly made and seconded, it was voted to hold a meeting of the Board on Saturday, March 26, 1960, at 9:30 A.M., at which time Mr. Stevens is to be requested to attend for the purpose of discussing his re-appointment as Town Counsel. A true record, Attest: pec ive lerk Select n. C7 J I 503 SLC TMEN'S MEETING March 26, 1960 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday, March 26, 1960, at 9:30 A.M. Chairman Morey, Messrs. Adams, Ferguson and Richards were present. The Executive Clerk was also present. Mr. Cole arrived at the meeting at 10:10 A.M. The Chairman read a letter from the American Mosquito Control Association relative to the convention in Boston March 27 - 30. The Clerk was instructed to refer the communication to Mr. Carroll for him and Mr. Mazerall to look over, and Mr. Adams agreed to give some publicity in the Mosquito Minute-man that the Park Department is looking into the Control matter. A proclamation was received from Governor Furcolo proclaiming March 30, 1960 as Doctors' Day. The Chairman reported that the Middlesex South District Medical Society had prepared a proclamation Proclamation just for Dr. Piper, proclaiming March 30 in Lexington as Doctors ' Day in his honor. If the Board approves, the Society will present it to Dr. Piper, together with a gift. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation. It was agreed not to publish the proclamation received from the Governor . Upon motion duly made and seconded, it was voted to approve Surety Bond F-132241, on behalf of James J. Bond Carroll, Town Treasurer, in the amount of $76, 700.00. The Chairman read a letter from the Division of Civil Service advising that a new eligible list, for Civil Police Entrance , would be established in April. It Service list was agreed to request the names certified from the list when it has been established. The Chairman read a letter from residents of 4 Percy Rcad, advising that they have granted permis- sion to the Methodist Church to use the land at the corner of Percy Road and Tavern Lane for the purpose 514 n CO of erecting a temporary structure for the sale of coffee , doughnuts and tonic on April 19, providing it meets with the approval of the Board. The Board had no objection inasmuch as the pro- ceeds are to be used for church work in Lexington. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following 3/o pole locations; all having been approved by the Superintendent of Public Works: Grant Street, westerly side, northerly from a point approximately :5' north of Colony Road, -- Two poles. Grant Street, westerly side, southerly from a point approximately 55' south of Colony Road, -- Pole Fourteen poles. locations Grant Street, easterly side, opposite York Street, -- One pole Grant Street, westerly side, southerly from a point approximately 75' south of York Street, -- Six Six poles . Webb Street, westerly side, northerly from a point approximately )490' north of Woburn Street, -- Eleven poles. Homestead Street, southerly side , westerly from a point approximately 105' west of Cedar Street, -- Three poles. Homestead Street, southerly side, easterly from a point approximately 65 feet east of Asbury Street, -- Five poles The Chairman read a letter from the Bay State Society for the Crippled and Handicapped, Inc . , rela- Proclamation tive to Crippled Children's Week. Mr. Adams reported that this is a local drive . Upon motion duly made and seconded, it was voted to declare the week of April 3 to 9 Crippled Children' s Week and to sign the proclamation enclosed din the letter. ., 505 The Chairman read a letter from the United Cerebral Palsy with reference to the forthcoming house to house campaign scheduled for May 9 to 13, requesting the Board to name a local Chairman. Following an established policy, the Board did not designate a Chairman. Upon motion duly made and seconded, it was Voted to renew the following Auctioneer's Licenses: Bertram P. Bustin 50 Bloomfield St. Auctioneer' s (Ren'wl ) Frederic B. Hubley 4 Stetson St. tt tt The Chairman read a letter from the Board of Health recommending the installation of a drain in Young Street to relieve the water condition with it recognizes to be a health problem. The Chairman reported that some of the residents attended a Selectmen' s Meeting and the original pe- tition did not have enough signatures to justify its consideration. Mr. Maloney offered them some hope that if the conditions were found to be sufficiently bad enough, funds might be requested at a Special Town Meeting to construct this street . Young Street Mr. Adams said he would like to receive letters from the Board of Health in more detail, stating that there are so many houses on a street and also the number affected. He said Mr. John Carroll should report to the Board and the Board of Health should be asked if this street is any worse off than any other. The Chairman reported that Mr. C amoll told her that it would be difficult to get anything under way because this would have to be engineered separately and it would have to be a separate contract. She said the Board could review all the streets for which requests had been received and rejected and ask the Board of Health for a report on those . The Board eould then determine whether or not there are any other streets needing immediate attention. Mr. Adams asked if the board wa. going to take a stand on the schadi vote or if the members of the Board were going to vote as individuals . Mr. Ferguson said, not being an expert on con- struction, he did not know if the figure was high or not. He said he had a great deal of confidence in the committee stktdying the problem; three of the members have no children in school and are substantial property owners and will try to get the most for the Town for the least amount of money. He said he would ;3'4'06 ca go along with the committee ' s recommendation. Mr. Cole said hehad discussed the subject with Mr. Spirts and as much as he dislikes the high price, he would be inclined to vote in favor of the school. He said he thought it was an experimental program. Mr. Adams said it was not up to the Board to make a statement as a Board and Mr. Ferguson said that was correct. Mr. Stevens arrived at the meeting at 10:15 A.M. Letter from the MDC relative to an agreement of cost of improvements to the system was held over until the regular meeting of the Board after the adjournment of the Annual Town Meeting. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. The Board voted to resume the open meeting at 11.15 A.M. , at which time the Appropriation Committee and Mr. Donald Noyes, Chairman of the Capital Expendi- tures Committee, met with the Board. Following discussion relative toArticles 49 and Stabiliz- 50, it was decided to establish a Stabilization Fund ation Fund under Article 49 in the amount of $103,905.05, to be provided for by a transfer from the Excess and De- ficiency Account . It was also decided to request an appropriation of $1,170,000.00 under Article 50 to be provided by a transfer 6 $21,094.95 from the unexpended balance of the Franklin School addition and the Fiske School addition appropriations, a transfer of $103,905.05 from the Stabilization Fund and the balance of $1,045,000.00 to be bonded. Mr. Adams referred to Article 48 and said the more he thought about it the closer he thought the Court would come to the $40,000.00 requested by the owner, and he made a motion that the Town purchase the land outright for $40,000.00. Mr. Stevens explained that all the Board would be doing at this point would be to increase the figure to $40,000.00 and if the construction of the parking area is left in, it would be all right. He said it would have to be explained to Town Meeting why Mr. 57 Adams was prepared to go that high and that the Board does not expect to do very much construction. Mr. Adams said he thought there should be at least two crossings, one up near the center, and an easement would have to be taken to cross Mr. Cataldo's property. Mr. Ferguson said that two crossings might not be needed, most of the stores are at the lower end of the parking lot. Mr. Adams said there was a parking lot there any- way, and Mr. Ferguson asked why the new area was being acquired. Mr. Adams said it would take care of the upper end of the Town and for all day parking. Mr. Ferguson said he thought one crossing would be sufficient and he would be willing to go to court and let the court decide the issue . The Chairman said that the Board had decided on $25,000.00. Mr. Cataldo called to find out the Board's decision and when she told him, he said he would just as soon keep the land. She said that if Town Meeting wants to pay 40,000.00, a motion can be made for 4.0,000.00 to keep away from eminent domain. It can be explained that a majority of the Board cannot recom- mend paying a large amount in excess of the appraisers ' figures. Mr. Adams said he would not go along with that be- cause he thought it would cost a great deal more before it is finished. Mr. Richards said he did not care what a jury might decide because he would have acted on what he thought was best for the Town. He said he would almost favor a motion for indefinite postponement until a plan is drawn and the crossings shown. He stated that the Department of Public Utilities would decide where the crossings should go. Mr. Adams said a crossing would have to be made over the Cataldo land . Mr. Ferguson said that last week he voted against going ahead. Mr. Adams said he thought a parking lot in the area was essential to the Town and the Planning Board feels it is essential and it will never be obtained for less than 400000.00. The Chairman said she was opposed to postponing the article . A building will be erected on Waltham Street this spring and the Savings Bank plans to en- large and both projects will reduce the existing park- ing space and there will be less parking space than there has been. Furthermore, if the owner wants to, he can let a church have the property. i _ t m4 Mr. Richards said that where it has been generally agreed by .a majority of the Board, he could not con- scientiously go beyond the price of the experts who have studied this. If the jury decides the Town will have to pay $40,000.00 of $100,000.00, that is their prerogative . He said he felt the Board was acting on good faith. The Chairman said there was a motion agreed upon the other night to offer $25,000.00. Mr . Richards said that..if Mr. Adams' motion was to reopen the article, he would vote on that. Mr. Adams moved that the vote of $25,000.00 be reopened. Mr. Cole seconded the motion. Mr. Adams was the only one in favor, the other members of the Board opposed to reopening. Mr. Adams said he reserved the right to speak individually at Town Meeting. The meeting adjourned at 12:45 P.M. A true record, Attest: I -1_31-Scotive6dlerkc Selec n 1c 509 SELECTMEN'S MEETING March 28, 1960 A meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, March 28, 1960, at 7:15 P.M. Chairman Morey, Messrs . Adams, Ferguson and Cole were present. The Executive Clerk was also present Mr. Richards arrived at the Meeting at 7:30 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following individuals were drawn for jury duty: John Hurst, 9 Jurors Great Rock Road, Clifton A. Saunders, 17 Lexington Avenue , Robert R. Cox, Jr. , 14 Tower Road and Charles G. Abbott, P.O. Box 165. Mr. Carroll retired. The Chairman read a letter from Dr. Richard F. Herzog, 34 Whipple Road, submitting his final proposal to be presented at the Town Meeting. He advised that he would donate to the Town free of charge 2/3 of the land outlined in an attached map if the Town agrees Herzog land to leave the remaining 1/3 permanently in private pro- perty. She explained that she sent the letter to Mr. Mabee , who will be presenting the article for the Planning Board. The Planning Board had a special meet- ing and are now in a position whereby everything can be ironed out with Dr. Herzog. Mr. Stevens arrived at the meeting at 7:20 P.M. Upon motion duly made and seconded, it was voted to hold the next regular meeting of the Board on Monday, Meeting April 4, 1960 . Approval of the minutes of the meetings held on March 21 and 22 was held over until the next meeting Minutes of the Board. The Chairman reported that she had talked with Mr. Lombard, Chairman of the Board of Public Welfare , and he advised that the Board is working very effectively and would like to be re-appointed. She informed him that the Selectmen would like to have a meeting sometime with the Board of Public Welfare . 510 *4 !7 CV Upon motion dulymade and seconded, it was voted p to re-appoint the following individuals as members of the Board of Public Welfare and Old Age Assistance Appointments Bureau for terms expiring March 31, 1961; Messrs. Harold F. Lombard, John A. Sellars, Howard K. Dawes, Robert K. Taylor and Paul F. Bartel. It was agreed to have one of the Inspectors meet g i� with the Board next Monday night if the agenda is not too heavy. Mr. Mabee met with the Board at 7:40 P.M. in regard to Article 46. The Chairman asked if the Planning Board still Article 46 felt that all the Herzog land should revert to the Town and Mr. Mabee replied in the negative . He said it was up to the Selectmen in negotiating. Mr. Mabee read a statement that is to be pre- sented to the Town Meeting and Mr. Ferguson asked if he thought Mr Herzog would accept it. Mr. Mabee replied that he did not know but that they were nearer to agreeing than they ever have been. Upon motion duly made and seconded, it was voted to approve the statement proposed by the Planning Board to be submitted to the Town Meeting. The meeting adjourned at 7:55 P.M. A true record, Attest: C ecuive 1erk, Select /n. 511 II SELEC TIM'S MEETING April 1.4., 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, April 1 , 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams, and Ferguson were present . Mr. John J Carroll, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also pre- sent. Mr. Cole arrived at 7:50 P.M. and Mr. Richards arrived at 7:55 P.M. Hearing was declared open upon petition of the Boston Edison Company for permision to locate one pole on the Cambridge-Concord Highway. Notice of the hearing was sent to abutters as they appear on the most recent Assessors ' list . Pole lo- Mr. Mahon, representing the Boston Edison Com- cation pany, was the only person present at the hearing. Mr. Mahon explained that his company proposes to remove the wires from the present pole to relieve the New England Telephone and Telegraph Company be- ' cause the pole is heavily laden. He explained the location by use of a blueprint . Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole location: Cambridge-Concord Highway, southwesterly side, approximately 5 feet northwest of Spring Street, -- One pole . Mr. Mahon reported that the School Committee has applied for street lighting at the William Diamond Junior High School. He talked with Mr. Spiris in connection with the matter. There are seven private property poles on the school property now with a single Street fire alarm wire to the seventh pole, and on that pole lights is a fire alarm box. The School Committee has asked Wm. Diamond for four street lights in the area on poles 1, 3, 5 Jr. High and 7 . They want four 1,000 lumen units . He suggested School to Mr. Spiris that the Town might like to turn those poles over to the company for future maintenance, and the Town would be given the right to maintain the pre- sent equipment on the poles . Mr Spiris seemed to be in accord. He explained to Mr. Spiris that in order to get the seven poles in the Boston Edison plan it t2 CO would be necessary to go through the proper procedure , and Mr. Spirts suggested that the mattter be taken up with the Board and if agreeable, advise him of the Board' s interest in the matter. The Chairman asked if the company would give service to another abutter if it owned the poles . Mr. Mahon replied that it had been decided that would not be the thing to do, and the company would not do it in this particular case . He said there is no thought of feeding anyone else from this line . Mr. Stevens asked if the company would hang the fixtures and provide service if the Town owned the poles and Mr. Mahon replied in the affirmative . It was agreed to check into the subject further . Mr.Mahon retired at 7:45 P.M. Upon motion duly made and seconded, it was voted to execute the option, prepared by Mr.Stevens, for Option the acquisition of a small parcel of land adjacent to the strip off Grove Street leading to the new school location. Mr. Stevens reported tht he would attend the meeting of the Emergency Finance Board on Tuesday, Hearing on April 5, 1960, at which time the application for borrowing authority to borrow for constructirn of a new ele- mentary school will be considered. Mr. Stevens raised the question as to what the Board wants to do next on the Cataldo land. He re- commended that the Board obtain an appraisal from Mr. John Murphy, He said it appears that there will be court proceedings if the Board is going ahead with it. Mr. Adams asked if that was the next step or if the next step would be to take the property. The Chairman said the Board mould write Mr. Cataldo and ask if $40,000 is the lowest price he will consider. Mr. Stevens advised that the subject should be discussed this evening and if the Board approves, he would ask Mr. Murphy to make an appraisal and also have someone check the title and give further consideration to the restrictions and seek an opportunity to find out from the railroad as to the status of these restrictions . He said that when those steps have been taken and the Board is all set to proceed, it might be well to contact Mr. Cataldo and tell him the Board is prepared to go ahead unless he wants to negotiate . 513 Mr. Adams asked what would happen if Mr. Cataldo sells the land to someone else, and Mr. Stevens replied that the Town could take it . He said he would not re- commend drawing up the order until some of these things have been checked Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to request Mr. Murphy to make an appraisal. Letter was received from the U. S. Army Engineer Division with reference to a right-of-entry, permitting the Town to install a sewer line beneath the spur track at Laurence "". Hanscom Field. A draft of easement to Sewer line supersede the right-of-entry was enclosed for approval. easement Mr. Stevens said he would like to check with John Carroll, and the subject was held over until the next meeting of the Board. Mr. Stevens referred to letter received from the MDC relative to the cost of proposed improvements to the system and reported that he talked with Mr. Herold Toole . He is going away the 12th of May and will be gone for about six weeks and it is doubtful if anything MDC can be definitely settled in the meantime . The Commis- sion has not heard directly from Waltham or from the Air Force . Metcalf and Eddy has just started the under- ground water study and will need the ninety days to com- plete it, which will be nearly the end of June . He said he could see nothing to do except to try and push the Air Force and work out an agreement with MDC to go as far as Watertown Street . He said the Board might want to study the subject further to determine whether, for the Town' s own interest, it wants to go to Waltham Street. He explained that if there is to be any change made , it should be made now. He said the Town has an obligation to supply water to people in Lexington and the Air Force is not in Lexington. He said he did not think the Town was under any obligation to supply water to the Air Force . It was agreed that Mr. Stevens would draft a letter to be sent from the Board to Colonel Sexton, Commanding Officer at Bedford, requesting an answer relative to the rates . License for a Package Goods Store , issued to Alfred S. Busa and Daniel P. Busa, 131 Massachusetts Avenue, was returned ?rom the Alcoholic Beverages Control Commision disapproved. Mr. Adams asked if there was any action to be taken by the Board, and Mr. Stevens replied tht applicants' 514 n cc Plc attorney is going to check and see if anything can be done . He said he did not think the Board should do any- thing. Mr. Stevens reported on the Campobasso claim for land damages arising out of a taking for slope easements Campobasso along Lowell Street by the State for sidewalks, and the claim Board authorized him to suggest a settlement in the amount of $1,000. Mr.Stevens retired at 8:35 P.M. Mr. Carroll reported that Paul Mazerall would like to plant some trees in Lexington Center, and said that both he and Mr.Mazerall think it would be a good idea, as do some of the merchants . Mr. Mazerall has done some research, and the suggestion was made that the Little Leaf Linden would be appropriate . He would not Trees do anything without first contacting the merchants through the Chamber of Commerce to determine how they feel about the suggestion. If the Board approves, he would like to plant about ten trees. The Little Leaf Linden will grow about thirty feet high and are about eight or ten when first planted. Mr. Adams said he would like to think this over. The Chairman said this is a new idea and the Board should look at the proposed locations and think about it for a while . It was agreed to discuss the subject again at the next meeting. Mr. Carroll said that he would like to change the effective date for the dump regulations to Monday, May 2, 1960, and the Board had no objection. Mr. Ferguson suggested that the attendant wear a uniform or a cap to distinguish him from anyone else Dump who might be at the dump. It was also agreed that the attendant should be appointed a Special Police Officer subject to the approval of the Chief of Police . Mr. Carroll presented a plan entitled "Civil Defense Plan" and reported that prices had been obtained Civil on wooden stairs but he definitely feels the stairs Defense should be steel. He stated that the room will be perma- nent whether used by Civil Defense or not . Upon motion duly made and seconded it was voted to have the stairs constructed of steel. The Chairman read a letter from the Board of Health reporting that there are seven homes on Young Stree , three of which are having tttable due to high 515 ground water condition and are using sump pumps to cope with the problem One of these three and pos Lbly two is having difficulty with sewage disposal. Young Street The Chairman was authorized to write the Board of Health again for more definite answers to the questions contained in the Board's letter of March 28. Further consideration was given to Mr. Paul Mitchell' s letter relative to the topography of this property at 25 Asbury Street. Mr. Carroll said that the betterment assessment was $900 and the first time Mr. Mitchell wrote him, he ad- vised that he request the Board to consider a partial abatement. It was agreed to invite Mr. Mitchell to meet with the Board to discuss the subject further. Mr. Carroll retired at 9:00 P.M. The Chairman reported that she had talked to Mrs . Frank Willey, 3 Loring Road, who had an appointment with the Board at 8:30 P.M. Mrs. Willey wanted it clearly understood by the Board that she believes the roaches, Dump I two types, in her home originated in the dump, that the flies were unbearable last summer and that the dump, of 11 which she had no knowledge before moving in, is a health menace, etc. Mr. Carroll and Mr. Lurvey have both been in touch with her. The Chairman told her the extensive pest control was planned f or this year. Mr. Donald K. Irwin, Building Inspector, met with the Board at 9:15 P.M. The Chairman explained that the Board had decided this year that it would like to talk to the various individuals whose appointment comes under its juris- diction. She said that one of the questions that keeps coming up is investigations of possible violations of the Zoning By-Laws. Mr. Irwin reported that individuals making complaints by telephone calls have been asked to submit them in writing, and this has been done on advise of Town Counsel because in many instances the complaint has something to do with a neighborhood situation. At least 50% of the complaints are discouraged when asked for in writing. Mr. Richards reported that a stairway in the house at 855 Massachusetts Avenue, owned by Mr. Pichette, collapsed three wets ago and the tenant has been hospi- talized with her body in a cast at Symmes Arlington Hospital. He said he thought Mr. Irwin should go down 516 CD CV and take a look at the house. The subject of violations and enforcement was dis- cussed at length, and Mr. Adams said he thought the Board should meet with the Planning Board and Town Counsel and work out a definite program. Mr. Irwin agreed that a program would have to be prepared and it would be necessary to have 100% cooper- ation of all Boards involved. Building The Chairman said the Board would advise Mr. Irwin Inspector of what action is to be taken on the subject of enforcing (Zoning) the Building and Zoning By-Laws. It was agreed that until the Board informs Mr. Irwin of a change in policy, he would continue as he has been in the past . Mr. Irwin retired at 10:10 P.M. Mr. Richards suggested that the Building Inspector submit monthly reports of all complaints that have been made andwhat action has been taken on each. He also suggested that the Building Inspector check the permits granted by the Board of Appeals to determine whether or not the tenure of the permits is being exercised. Upon motion duly made and seconded, it was voted to get better and more equitable enforcement of the Zoning and Building By-Laws . Upon motion duly made and seconded, it was voted Chapter 90 to sign petition to be filed with the County Commissioners for improvement of Winchester Drive , Lowell and Maple Streets, Chapter 90. Upon motion duly made and seconded, it was voted to approve Surety Bond #821849 in the amount of $1,000 Bonds on behalf of Kenneth M Cox as Constable and Surety Bond #632130 in the amount of $1,000 on behalf of Hazel J. Murray as Executive Clerk to the Board of Selectmen. Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation Cert. of on behalf of Peter A. D'Arrigo, 1 Lantern Lane , satis- Inc . factory character reference having been received from the Chief of Police . Application for public carriage license was re- ceived from William J. Ahearn, 51 Edmund Road, Arling- ton and Paul Rivais, 6 North Street, Lexington, who intend to purchase and continue the operation of the Minute Man Cab Company. It was agreed to call attention to the Rules and Regulations governing taxicabs and advise thatthey will have to be complied with before a license is granted. 517 Mr. Levi Burnell, Chairman of the Planning Board, came into the meeting relative to the subject of lo- cating an armory in Lexington. He said the members of the Planning Board show little enthusiasm for it. Armory However, if the Selectmen would like them to work on it, they will be glad to look for a location and make a full report a little later on. The Chairman explained that General Whitney would like to meet with the Selectmen and talk about locating in Lexington . Mr. Burnell reported that the Planning Board has talked about it, but done nothing further. The Chairman said that if the Planning Board thinks there is a reasonable area for an armory, the Selectmen would like to know. Mr. Burnell said that three to four acres would be the minimum and it is not in their planning, so they would have to change their conception of plan- ning. Mr Adams said that the use of an armory has some advantages to the Town and he thought it was worth a thorough investigation. The Chairman asked Mr. Burnell to find out what areas might be suitable and advise the Board. Mr. Burnell agreed and retired. The Chairman read a letter from Paul B. Lloyd requesting permission, on behalf of the Lexington 1.11 Horse Club, to hold its Annual horse showron May 8, 1960, on land owned by Mrs . W. John Baskin Horse Show and located at the rear of Porter Bros . and Wilson greenhouses on East Street . Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from the Lexington Little League, Inc. , requesting permission to conduct a parade on Saturday, April 23, from the Mgzzey Junior Parade High School to the football field near the High School. Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from Sumner D. Zimmer, Scoutmaster, Maynard, Mass. , requesting permission, on behalf of the Boy Scouts of Acton, to sell balloons on April 19. April 19 Upon motion duly made and seconded, it was voted to deny the request, continuing the policy of gra.nt- ing such requests to local groups or organizations. 618 n cv Inc Letter was received from the National Honor Society requesting permission to erect a booth in front of the East Lexington Library and one in front of Cary Memorial Library for the sale of coffee and doughnuts on April 19. April 19 Upon motion duly made and seconded, it was voted to grant the group permission to use the sidewalk at the East Lexington branch library and to advise that if they can obtain permission from the owner of private lawn for the second booth, the Bca rd would have no objection. Letter was received from the Junior Chamber of Com- merce , requesting permission to erect a booth at the April 19 driveway at the service entrance of Cary Memorial Library, adjacent to the Douglass Funeral Chapel drive- way on April 19. This location was granted to the Chamber last year. Upon motion duly made and seconded, it was voted that the request be granted. It was agreed to review the subject of location of booths on April 19 next year before any requests are granted. Application was received from James E. Berens, Boy Scouts of America, requesting permission to conduct interviews in a conference room, Cary Memorial Build- Use of ing, on April L , 5, 6, 7, 11, 12, 13 and 14 from 2:30 Conference P.M. until 1 :00 P.M. Room Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from Mr. Carroll, Town Resignation Clerk, advising that Paul K. Palmer has resigned as a member of the School Street School Building Committee and the Capital Expenditures Committee . Further consideration of annual appointments was held over until the next meeting of the Board. The list of Special Police, submitted by the Chief, was held over until the next meeting of the Board. Upon motion duly made and seconded, it was voted License to renew the Auctioneer' s license held by Mrs . Jeanette M. Kanis, 93 Spring Street, Lexington. The subject of traffic and parking at Adams and East Street was referred to the Traffic Study Committee . 519 Notice was received of an Evening Seminar for Selectmen to be held in Concord on Wednesdays April Seminar 27 through May 25. It was agreed to enroll the entire Board. Upon motion duly made and seconded, it was voted to cancel the meeting of the Board scheduled for April 18 and to hold the regular meeting that week Meeting on Wednesday, April 20, at 7:30 P.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the April 26 Primaries. Primaries Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following 3/o pole locations; said locations having having been approved by Mr John Carroll: Cambridge-Concord Highway, southwesterly side, approximately 5 feet northwest of Spring Street,-- One pole . Linmoor Terrace , westerly side, northerly from a poiit approximately 20' north of North Hancock Street, -- Seven poles. Linmoor Terrace , northerly side, easterly from a point approximately 115' east of Crawford Road, -- Two poles. Burnham Road, westerly side, northerly from a point approximately 25' north of East Street, -- Five poles . guy wire and anchor on the 5th pole . Peacock Farm Road, southwesterly from a point approximately 110' southwest of Baker Avenue, -- Eighteen poles. Welch Road, southerly side, westerly from a point approximately 55' west of Estabrook Road, -- Six poles . The meeting adjourned at 11:10 P.M. A true record, Attest: /-ec tA i ve tie r/k!, Se le c r =n 520 Cr SELECTMEN'S MEETING April 11, 1960 A regular meeting of the Board of Selectmen was held Mn the Selectmen' s Room, Town Office Building, on Monday, April 11, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Richards and Cole were pre- sent . Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting 1Bld Minutes on April 4, 1960 Mr.Stevens reported that he had drawn instruments exercising options for acquisition of land the Board was authorized to acquire by Town Meeting, with the ex- ception of the Brackett one signed last week and the Option one from Mark Moore, who does not own the property ye.t. Mr. Stevens has written to Mr. Moore and asked him to let him know when he acquires the land. He explained that there is ample time as that option runs until July. Upon motion duly made and seconded,it was voted to sign an instrument exercising the option to purchase certain parcels of land on Winthrop Road from the Lex- Option ington Estates Trust, described by an instrument dated January 14, 1960, Helen R. Branning, of Los Angeles, California, and Claire S. Ryder of Lexington as trustees of Lexington Estates Trust Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to pur- Option chase a certain parcel of land, on Massachusetts Avenue , from Adrian E E. MacKeen, Jr. and Anita B. MacKeen, described by an instrument dated February 11, 1960. Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to purchase certain parcels of land, on Follen Hill, from Richard L. Tower and Betsy Clarke Tower, described in an instrument dated January 22, 1960, Roger B.Tyler and Albert B. Wolfe, Trustees under Declaration of Trust for the bene- fit of Richard L. Tower and Trustees under Declaration of Trust for the benefit of Betsy Clarke Tower and others. 521 1Upon motikn duly made and seconded, it was voted to sign an instrument exercising the option to purchase a parcel of land on Grove Street, from Donald K. Irwin and Mary F. Irwin, described by an instrument dated September 2, 1959. Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to purchase a parcel of land, on Peacock Farm Road, from The Lucky Option Penny Trust, described by instrument dated March 8, 1960, A. Morris Kobrick, as Trustee of Meryl Robert Trust and as Trustee of the Lucky Penny Trust, shown as Parcel A on plan entitled "Peacock Farms Section Five Lexington, Mass ." Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to purchase Option a parcel of land, on Turning Mill Road, from the Waymint Realty Trust, described by instrument dated March 7, 1960, Milton C . Wasby, of Belmont, and Richard G. Mintz of Newton, as Trustees of the Waymint Realty Trust . The Chairman reported that Mr. Burnell, Chairman of the Planning Board, talked with Otis Whitney in an effort to find out more information relative to the location of an Armory in Lexington . Mr . Burnell was Armory told that they want five acres for a field artillery unit of three batteries . They will need a building plus a garage to house thirty 2=1/2 ton trucks . Mr. Stevens stated that it is not the information he received from General Harrison. The Chairman reported that, as individuals, the members of the Planning Board have little enthusiasm for an armory in Lexington . Mr . Burnell has looked at various locations and the only one that seemed suit- able is a parcel on Concord Avenue next to the Belmont incinerator. This particular parcel is owned by the State . Mr . Stevens said that from a quick sures there seems to be no land the Board can recommsnd, and from what Otis Whitney said, a larger tract is needed than what General Harrison requested. Mr. Adams said he would like to have Whitney and Harrison net with the Board next Wednesday. Mr. Ferguson asked who was actually in charge , and Mr. Stevens replied that it is the Adjutant General . Mr. Adams said he did not want to turn them down on the little information the Board now has, and he moved that representatives of the National Guard be in- vited to meet with the Board next Wednesday to explain their problem. 622 7 ty Mr. Ferguson said that if they meet with the Board, it will take time and it may be possible to obtain suf- ficient information in a letter The Chairman stated that if the Board recommends giving land or selling land, it will have to be acted on by Town Meeting, and said possibly the Board could suggest using the land in Lexington already owned by the State . Mr. Stevens agreed to call General Harrison. The Chairman read a letter from Edward G. Barker, 389 Washington Street, Winchester, advising that he recently purchased lots 228-233 inclusive on Freemont Street from Philip J. Knox, Jr. Mr. Knox acquired the lots from the Town, and at the time they were conveyed, a restriction was written into the deed whereby for a period of 99 years from the date of the deed for build- ing purposes, lots 228 to 233 inclusive ere to be com- bined into one lot and only one building is to be placed on the combined lot . Mr. Barker owns adjacent property, consisting of lots 224-227 inclusive . He intends to register the Tax title title to lots 224-233 inclusive and to subdivide into twn building lots at that time , and requested the Board to release the restriction as regards lot 228 so that this lot may be included in a proposed new subdivision with lots 224-227 inclusive . Mr. Richards stated that Mr. Barker owns ten small lots and one of the lots is taken for the purpose of an easement . He intends to register the entire parcel con- sisting of ten lots and to subdivide it into two lots of equal size if the restriction is lifted. If it is not lifted, there will be one parcel of four lots and one parcel of six lots . He said it is his opinion that the title to the four lots is good but the title from the Town is not, because those lots were land of low value. He said Mr. Barker wante to register them all at one time . Mr Richards said he thought it would carry out the tenor of the Town' s wishes and there will be two houses regardless of what happens . Mr. Stevens explained that Mr. Barker could go ahead with his registration and the Board can decide what to do, but it will take a vote of Town Meeting. No action was taken on the matter because Mr. Ferguson wanted to make certain that removing the re- striction would not be contrary to any agreement made with Mr. Lloyd who was involved when the Town sold the lots to Mr Cox. The subject is to be considered further at the next meeting of the Board. 523 Memo was received from the Massachusetts Federation of Taxpayers Associations relative to House 2960, a bill give organizations of city and town employees the H-2960 right to enter into collective bargaining agreements . Upon motion duly made and seconded, it was voted to authorize the Chairman to contact Senator Madden and also sand letters to Representatives Brox and Bocko urging rejection of the bill. The Chairman read a letter from Mrs . Frances L. Weiser, 21 Liberty Avenue , Emergency Public Integration Committee, requesting permission to use the Speaker's platform and all existing facilities at the Battle Green Use of for the might of April 19 to hold a memorial service for Common Price Estabrook, a Negro slave Minuteman. The letter stated that the evening of April 19 had not been definitely decided upon. Mr. Ferguson stated that the 19th of April celebration: has been placed in the hands of the Town Celebrations Com- mittee and that is the organization permitted to use the Common He said he thought it was up to that committee to determine whether or not this is an appropriate use . Mr. Adams said this might lead to other organizations requesting the use of the Common. Mr. Richards suggested advising Mrs . Weiser that the program has been completely made up and her request was received too late to comply. Mr. Ferguson suggested that Mrs. Weiser be advised that the Common is available for Town organizations only. It was agreed to advise Mrs . Weiser that the plan- ned program for the day makes it impossible to grant her request on that particular day. Letter was received from Mr. C . Clifford Hanson, 905 Massachusetts Avenue , complaining about the operation of a trucking business by Mahoney Bros . at 927 Massachu- setts Avenue . Mr. Adams said he thought both Mr. Hanson, wholis conducting an antique business , and Mahoney Bros. should be prosecuted for Violation of the Zoning By-Law. Upon motion duly made and seconded, it was voted to refer the letter to the Building Inspector, who is charged with the enforcement of the Zoning By-Law, for appropriate action. Mr. Stevens retired at 8:40 P.M. Mr. Carroll said that Mr. Lichtenberg, working in the drafting room, was earning $82.89 a week in 1959, 524 rD CV 010 and in the 1960 budget, the amount requested was $88.69. He went over this with Mr. James who had a formula set up for the Engineering Department. It was agreed, using Mr.James' formula, to use $1.80 an hour basic rate, 25¢ an hour for service and 10¢ €or'being in charge of the office and his drafting ability. Mr. Lichtenberg ended up making $86.00 a week and did not receive a 5% Salary raise as everyone else did. Mr. Carroll said this slip- ped by him and also by Mr. James. He said a 5% increase would amount to $87.03 instead of the $86.00 Mr . Liahten- berg is now receiving and he thought it would be fair to him if his salary was raised to $87.00 a we&. He said he did not think Mr. James meant to limit Mr. Lichtenberg to less than a 5% increase and he thought this was an error. Mr. Ferguson said he had no objections, but the difficulty is, the Board set up what it thought was fair to everyone in the department, went over it ahead of time and it was adopted; Town Meeting is just over when it is to be changed. He asked if one is changed, should others be changed. Mr. Carroll replied in the negative . Mr. Ferguson said others may think it it not fair. Mr. Carroll said that the tone of the Town Meeting was a 5% increase to all Town employees . Mr. Adams stated that the Board had made a change in another department on revaluation. Mr. Carroll said he did not think this individual should be penalized because of an error. Mr. Richards moved that Mr . Lichtenberg' s salary for 1960 reflect a 5% increase over and above what he received in 1959. Mr. Ferguson was opposed. Upon motion duly made and seconded, it was voted to increase the 10¢ increment to 13¢. Mr. Ferguson was opposed. Mr. Carroll said he would like to know what the salary schedule is for the Engineering Department so that he will know where he stands when hiring new help. Salaries Mr. Ferguson said that when he made the motion to adopt the Clerk' s salary system the intent was to inti elude the schedule worked out by Mr. James for all Town Office Building Employees . Mr. Carroll said he would like a study made, some- thing similar to what Mr. James did, but in a more simple form such as a step-rate . The Chairman said that this is a subject the Ap- propriation Committee wants to discuss also. 1 525 Letter was received from Alexander Nahigian, 31 Middleby Road, requesting installation of a drain be- cause of a water problem in front of his house . This is an unaccepted street and the other property owners are not interested because they have no water problem. Drainage Mr. Carroll stated that there are similar drain- age problems all over Town on public ways, which, in his opinion, aremore important than work to be done on unaccepted streets . He suggested that Mr. Nahigian run a drainage pipe down between his house which could solve the problem. The Chairman asked if this could be referred to Mr. Carroll for an answer and any similar letters Wo that it will not be necessary to bring them up before the Board. It was so agreed Further consideration was given to the subject of planting trees in the Center. Trees Mr. Richards said he would like to see an integrated program. Upon motion duly made and seconded, it was voted to approve planting ten trees providing Mr. Carroll works with the Chamber of Commerce and obtains its approval. The subject of street lighting at the William Diamond Junior High School was held over . In the mean- Street time , the Chairman is to contact Mr. Spirts and discuss lighting the subject with him. Mr . Burrell, Director of Civil Defense , and Mr. Soule met with the Board. Mr. Burrell said that he would review what has happened in six months in the Civil Defense Department He explained that, very briefly, there has been a lot Civil of activity, much of which has not shown, and he thought Defense this was going to be true of Civil Defense . Most of the work will be behind the scenes. Organizationwise, forty- six people have been appointed and sworn in, the most important of which are ten service heads . There is one more to be added, are that is the radiac service . Dr. Clark on Moon Hill Road will, it is believed, head this up. Meetings have been held twice a month. He reported that it is planned to build the basic organization around Town employees and there will be additional work for some of these people in varying degrees Beyond that, he ex- pects an organization on a voluntary basis. It is hoped that the Chief of Police will be working on the Auxiliary Police within a month. He reported that he has gone through the Federal and State plans and has compiled a Lexington plan which received the Board+ s approval and 526 mmi n CT' 'zJ also state approval. A plan having to do with communi- cations services has been brought up to date and approved by the F.C .C . He is working, for next year, on a pro- posal, of which ha has only broad details now, for a warning system to supplement the present fire alarm system. Some training has been done and two first-aid courses were sponsored. A basic Civil Defense course was also given. Mr. Burrell reviewed what has happened to the Federal projects . Mr. Burrell reported that Lexington wiliparticipate in Operation Alert, Opal 60, to be held May 3, 4 and 5 and he would like permission to use a conference room for the week of May 2. Plans have been made for each service head to report to Civil Defense on May 3 which will include some Town department heads . The Chairman reported that, in performing his duties and going to the various headquarters, Mr. Burrell is put- ting considerable mileage on his car. She said she thought it permissable for him to use some of the money voted to Civil Defense to defray some of the expenses . Allowance Upon motion duly made and seconded, it was voted to approve an allowance of 84 per mile for Mr. Burrell, Director of Civil Defense, to be charged to the Civil Defense Account. Letter was received from Mr. Burrell, submitting names of individuals to be appointed as education officers Appointments Upon motion duly made and seconded, it was voted to Civil to appoint Medill Bair as Education Officer; Mitchell Defense J. Spirts as Deputy Education Officer; Merrill F. Norlin as Deputy Education Officer and Augustus W. Young as Deputy Education Officer. Mr. Roeder arrived at the meeting at 10:15 P.M. Upon motion duly made and seconded, it was voted Civil to sign the Civil Defense Operations Plan fdr Lexington, Defense Plan a copy of which was given to each member of the Board. The Chairman reported on the bids, opened at 5:00 P.M. for three cars for the Lexington Police Department. Upon motion duly made and seconded, it was voted to accept the low net bids of $1200, $1200 and $1055 Bids received fromMawhinney Motor Sales, subject to Chief Rycroft checking to mkke sure that they all comply with the specifications . 527 Mr. Adams said that the Superintendent of Public Works will be buying a car, and he asked why the Town couldn' t ask for bids on all the cars to be purchased at one time . He said he thought this was something worth looking into another year Letter was received from John Brucchi, 63 Paul Revere Road, complaining about a dog owned by Mr. Howard Adams, 67 Paul Revere Road, molesting and attacking his animals . Complaint Report was received from the Dog Officer, George W. Forten. Mr. Adams said he would like to have Town Counsel set up the procedure to be taken on the complaint . Letter was received from Donald K. Irwin, Building Inspector, requesting approval of James C . McCabe, 64 Crosby Street, Arlington, to act as substitute Building Inspector under certain conditions. Mr. McCabe is Building Inspector for the Town of Arlington. The Chairman read a letter from Chief Algeo, Lincoln Police Department, calling attention to ser- Police vices rendered and expressing appreciation for same School relative to a police school recently conducted by Lieutenant James . Corr Notice was received from the ABC relative to the sale and delivery of alcoholic beverages on Patriots ' Day, Tuesday, April 19. Upon motion duly made and seconded, it was voted to ask the liquor stores if they would be willing to close all day, April 19. The Chairman read a letter from Mark Moore, General Chairman, Lexington Rotary Club, inviting the Board to attend the Third Annual Patriots ' Day Ball to be held Monday evening, April 18, Cary Hall; tickets $12.00 Rotary Ball per couple A table will be reserved if the Board will indicate how many reservations are to be made It was agreed to take a table . Upon motion duly made and seconded, it was voted to approve a peddler' s license for Robert C .King, License 9 Banks Avenue (Cushman's Bakery products) . Upon motion duly made and seconded, it was voted to renew a SundaySales license to Woodhaven Country License Stores, Inc . , 42Marrett Road. 528 ev Mr Adams said he objected to the large signs that are used for advertising being open on Sunday. The Chairman reported that Brookline has a li- censing committee, consisting of the Chief of Police , Fire Department and Board of Health. A license can be issued or renewed, subject to some conditions be- ing cleaned up within a definite period of time , but it is not possible to issue a temporary license . Application was received from Manuel Aruda and Ethel Aruda for a Package Goods Store license at 329 Massachusetts Avenue . Mr. Adams said that there is a census coming up and a referendum within eight months, and he thought the Board should hold over any recommendation for a package store until after the election. He said there may be two or three licenses available after the census . Mr. Ferguson said that Mr. Aruda must be aware of the fact that the Town can change its vote in November. He said he would like to advertise that the application has been received and hold a public hearing. Upon motion duly made and seconded, it was voted to advertise receipt of the application and to hold a public hearing on April 25, 1960 at 8:30 P.M. in the Selectmen' s Room. Application was received from Paul J. Rivals, 6 North Street, and William J. Ahearn, 51 Edmund Road, Arlington, for a license to operate the Minute Man Cab. Applications were also received for six licenses to operate or drive taxicabs . The Chairman read a letter from Mr Ahearn ex- License plaining why he is now living in Arlington. He was born in Lexington, attended Lexington High School, and expects to return to Lexington as soon as circum- stances permit . Upon motion duly made and seconded, it was voted to grant a Public Carriage license to Paul J. Rivals and William J. Ahearn, d.b.a. Minute Man Cab, and to waive the regulation requiring the owner, person or company to be a resident of Lexington for the duration of the license, which will expire May 1, 1961. Upon motion duly made and seconded, it was voted to grant licenses to operate or drive taxicabs to the following individuals, subject to approval of the Chief of Police ; William J. Ahearn, Paul Rivals, 529, Denis J. Fullerton, Bernard J. Kinneen, Howard Fogg, and John Meuse . The licenses are to be sighed at the next meeting of the Board. The appointments remaining to be made was held over. Upon motion duly made and secondee, it was voted to appoint the following Special Police, approved by the Chief of Police, for terms expiring March 31, 1961 SPECIAL POLICE COMMISSIONS Expiring March 31, 1961 Acheson, Eugene A. 2634. Massachusetts Avenue Allen, Charles D. 4 Paul Revere Road Allison, Howard D. 15 Utica Street Anderson, Carl 41 Ledgelawn Avenue Baker, Ramon C . 14. Stratham Road Ballou, Sidney R. 2013 Massachusetts Avenue Barrett, Elliott J. 15 Donald Street Beauchesne , Joseph 36 Adams Street Bickford, Walter E. 82 Waltham Street Brunn, Ewart M. 40 Downing Road Butler, Lawrence M. 24 Woodland Road Cabral, Joseph E. 47 North Street Calhoon, Albert J. 104 Simonds Road Carroll, James J. 17 Muzzey Street Clifford, Malcolm H. 54 Chase Avenue Colbert, Edward P. 794 Massachusetts Avenue Dearborn, Horace N. 16 Stratham Road Dearborn, Murray G. 16 Stratham Road Dermody, Roderick 15 Valley Road Dooley, Henry W. 77 Baker Avenue Dreselly, Andrew 12 Patriots Drive Eriksson, E. Alden 41 Preston Road Fifield, Donald M. 25 Adams Street Finney, Charles A. 36 Albemarle Avenue Flack, Clifford k'. 41 Outlook Drive Foster, George E. 10 Plainfield Street Gagne , Maurice A. 18 Middle Street Galvin, Russell P. 21 Crescent Hill Avenue Greening, Caywood 688 Merrett Road Gazan, Samuel E. 112 Bertwell Road 5:30 cr 1-4 SPECIAL POLICE COMMISSIONS (CONT'D. ) II Howie, Colin A 14 Scotland Road James, Raymond W. 66 Blake Road Jefferson, Charles E. 8 Alcott Road Jenson, Edmund M. 46 Fern Street Johnson, Joseph S. 51 Spring Street Jones, Cecil 36 Woburn Street Josephson, Harold W 33 Liberty Avenue Kakas, Edward G. Iii Locust Avenue Kleinberg, Edward F. 41 Moreland Avenue Lannquist, Arthur 153 Shade Street Lewis, Raymond E. 11 Hancock Street Linfield, Arthur R. 58 Oak Street Licciardi, Frank G. 26 School Street MacDonald, Charles 24 Bernard Street Maloney, William E. 289 Bedford Street Martin, Clifford M. 6 Hillside Terrace MacLean, Ralph D. 9 Spring Street Melquist, John 86 Gleason Road IIMerz, William F. 252 Marrett Road Moloy, Charles E. 23 Webb Street Moretti, Joseph A. 8 Rindge Avenue Murphy, L. Francis 5 Bennett Avenue Myatt, Robert 9 Sunnyknoll Avenue ii Nickerson, Ben jaipin 81 Gleason Road Palermo, Victor 20 Avon Street Pierpont, Wilffed D. Jr. 4 Taft Avenue Polley, J„hn D. 189 Wood Street Prescott, Robert 6 Forest Street Purinton, Richard M. 12 Oakland Street Redmond, James 7 Dunham Road Reed, Haskell W. 72 Lowell Street Reilly, John F. 43 Downing Road Richards, Randall W. 67 Farmcrest Avenue Richardson, Earl W. 18 Winter Street Ritter, Julius C . 13 Pine Knoll Road Rogerson, William G. 19 Homestead Street Rosendorn, Louis 50 Fottler Avenue Rossi, Anthony J. 2 Wheeler Road Ruocco, Louis 28 Theresa Avenue Ryan, William,J. 21 Grant Place II 531 SPECIAL POLICE COMMISSIONS (CONT'D. ) Samuels, Frank T. Jr. 31 Grassland Street Saunders, Robert W. 295 Marrett Road Sellars, John A. 430 Concord Avenue Seymour, Cyril V. 6 Paul Revere Road Shaw, James C . 24 Homestead Street Slader, Frederick 23 North Hancock Street Smith, Edward C . 55 Taft Avenue Smith, Walter C . Jr. 17 Coolidge Avenue Sorenson, Axel 7A Revere Street Tucker, Ralph H. 100 Meriam Street Turner, Gerald C . 9 Hillside Terrace Walsh, James V. 152 Bedford Street Webb, Edmund A. 43 Hayes Avenue Wilson, Davis S. Jr. 24 Homestead Street Wgight, Glenn 67 Simonds Road Young, Stanley R. 86 Winter Street Zittell, George S. 306 Lowell Street SPECIAL POLICE O±'i'iCERS - TERMS EXPIRING March 31, 1961 (Mrs . ) Ruth Morey Selectwoman Alan G. Adams Selectman Gardner C . Ferguson Lincoln P. Cole, Jr. Norman J. Richards Bernard J. Belcastro Chief, Fire Department John J. Carroll Superintendent of Public Works Paul Mazerall Park Department Anthony Rochette Janitor, Town Office William F. Mason Dump Attendant 532 1.4 SPECIAL POLICE - EXPIRING MARCH 31, 1961 I Clarence MacPhee School Department George Doughty, Jr. n " Thomas F. Ryan " " Louis A. Bonney n n Anthony J. Janusas " " Thomas Sullivan n " David Kidd n 9 William P. Casey 9 " Clyde L. Hayne n " Duncan F. Swan 't n Oscar Heimlich n " Edward P. Stevens n " John Blodgett " " Nicholas J. Delfino n " Ralph P. Braun " " Herman A Mahon " n Joseph Bluteau " " Raymond Stevens n " Edward J. McDonnell Library Gerald Meadows n Charles W. Varney Middlesex County Sanatorium II William J. DiCicco ', " " Robart.F4 Ingramr n n " William L. Harrington Metropolitan State Hospital John W. Alexander " " Henry Brown, Jr. " " n Francis J. Smith Keeper, hobbs Brooks Reservoir, Lincoln M.I.T. LABORATORIES Joseph E. Ewers Wentworth J. Marling 12 Old Coach Road 101 Dodge Street Weston, Mass. Beverly, Mass. William L. Spiers, Jr. August S .Cidado 185 Lowell Street 39 Tufts Street Lexington, Mass. Arlington, Mass . Edward T. Gallagher Henry Crowninshield 8 Spring Lane 7 Paul Avenue Maynard, Mass . Woburn, Mass. I 53a Howard D Ryder 2 Wilson Road John A. Carroll 4 Roberts Road Lexington, Mass. Framingham, Mass . Robert J. Vinsec Arthur L. Goodfellow 93 Winthrop Street 71 Ossipee Road Waltham, Mass. Somerville , Mass. Bertram M. Adams, Jr Lewis M. Laing 127 Wyoming Avenue 3 LaRiver Road Malden, Mass. Saxonville, Mass . William K. Wright Hiiireth Street Westford, Mass Upon motion duly made and seconded, it was voted to adopt Orders of Taking on the following streets accepted by the Adjourned Town Meeting held on March 28, 1960 Appletree Lane Marlboro Road Asbury Street Moreland Avenue Blodgett Road Peachtree Road Bowker Street Pelham Road Burlington Street Reed Street Carley Road Revolutionary Road Dewey Road Rumford Road Gould Road Tyler Road Discussion relative to issuance of Guide Licenses for 1960 was held over. The Chairman reported that chief Rycroft would like some action taken to stop scooters from being driven on town property because of damage caused to school areas. Upon motion duly made and seconded, it was voted to prohibit any Go-Cart or motor-driven scooter being f, driven on any Town-owned property. 5r` to The meeting adjourned at 11:25 P.M. {� A true record, Attest: tir ,A �ec�ftive lerkelect 534 cv r4 SELECTMEN'S MEETING April 20, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, April 20, 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams and Ferguson were pre- sent . Mr. Stevens, Town Coun.'eT , Er. Carroll, Super- intendent of Public Works, and the Executive Clerk were present . Mr. Cole arrived at 7:45 P.M. and Mr. Richards arrived at 7:50 P.M. In March, petitions were received, signed by in- habitants of the streets in Robinson Hill area, ask- ing to have the streets accepted and maintained by the Town. At the time, the subject was referred to the Planning Board for a report and recommendations concerning easements . Streets Mr. Stevens reported he is behind in acquiring some of the easements, but he recommended that the Board proceed to have the streets laid out and to take the easements if it is not possible to obtain them He said he felt the people are entitled to have the streets laid out and accepted. He said there would be the question as to whether or not Diana Lane is to be extended out to Hill Street. Mr. Adams said it certainly should be extended. Upon motion duly made and seconded, it was voted to refer the petitions to Mr. Carroll and to request him to have the necessary layouts prepared for pre- sentation to the next Town Meeting . A right-of-way easement permitting the Town to Easement install a sewer line beneath the spur track at Laurence G. Hanscom Field was held over . Mr. Carroll said he needed more time to straighten this out with the Air Force . Letter was received from Mr. Donald E. Nickerson, Chairman of the Board of Appeals, relative to appoint- Board of ment of a fifth member to the Board of Appeals Appeals The Chairman explained that she had discussed the subject with Mr. Stevens and she will ask the Town Clerk how long it will take to obtain approval of the amendment to the Zoning By-Law from the Attorney General. She reported that Mr. Nickerson will ask Mr. Duffy if the proposed arrangement meets with his approval. Mr. Stevens advised the Board that Mr. Duffy will have to file his resignation with the Town Clerk and 535 he thought perhaps the Chairman of the Board of Appeals wanted to know if the suggested procedure was accept- able to the Board. The procedure as outlined in Mr. Nickerson' s letter, in an effort to eliminate the difficulty of getting five members present at hearings during the summer, was acceptable to the Board. Further consideration was given to Mr. Barker's letter of March 31 , 1960 relative to astriction in- corporated in the deed when lots 228-233 inclusive on Freemont Street were conveyed to Mr. Knox. Mr. Stevens reported that Mr. Barker was at the Planning Board meeting last week and, as he understood Tax title it, he was coming back with another plan. Mr. Stevens restriction told him last week of the experience the Board had be- fore and explained that it would take a Town Meeting vote to remove the restriction. Mr. Barker said he did not want to wait for that. Mr. Richards reported that Mr. Barker has filed a plan in the Land Court. Mr. Stevens stated that Mr Barker was going to submit a plan to the Planning Board for endorsement . He said he tried to indicate to Mr. Barker that the Board would probably go along with it . Mr. Richards said he should be encouraged to make an effort to divide the lots. Mr. Ferguson said that Mr . Barker should not be urged by the Selectmen as a Board to do anything. He suggested that he be told the Board will include this on the agenda for a Town Meeting. Mr. Richards said he would speak to him because he thought eighty-foot lots should be avoided if pos- sible . It was agreed to advise Mr. Barker that the Board will insert an article in the warrant for the next Town Meeting asking to have the restriction lifted if he so desires. Mr. Norman T. May had an appointment with the Board and advised that Mr. Stevens has answered his question. He asked Mr Stevens if the Board accepted an offer for tax title property, would it then wait for the title to be searched. Mr. Stevens advised him that he would re- commend to the Board that the offer be treated on an unbinding basis until an opportunity was made to examine the title . Mr. May retired at 8:25 P.M. 36 Approval of M- Donald Irwin' s bond as Building Inspector was held over. Reference was made to appointment of a Substitute Substitute Building Inspector and it was agreed to advise Mr !Building Irwin, in reply to his letter of April 5, 1960, that Inspector the Board will consider approving Mr. James C . McCabe , 64 Crosby Road, Arlington, as Substitute Inspector at such times as Mr. Irwin needs him. The Chairman explained that the reason the Dump Rules and Regulations will not be published this week is because it is evident that they will not be ready until the 9th of May instead of the 2nd. She said the Board should adopt amendments to the regulations as they existed and the actual phrasing of the amendments is something Mr. Carroll would like to discuss with Mr. Stevens in the morning. Dump Rules The Board approved the amendments in principle . & Regulations The final draft will be ready next Monday night for adoption by the Board and the regulations can be printed in the newspaper the following week. Mr. Adams said he thought the story in the paper should include more than just setting forth the regu- lations . Upon motion duly made and seconded, it was voted to approve the procedure as outlined by the Chairman. Letter was received from Mr. Leslie Read, 2 Warren Street, calling the Board' s attention to a hole in the Complaint street, the street sign needs replacing, and a sani- tary sewer is desirable, although the property owners will not sign a petition for the sewer. The Chairman reported that Mr. Carroll has taken care of the sign and the hole in the road. As far as the sewer is concerned, the people will not sign a peti- Sewer tion and therefore the sewer has not been installed. Mr. Carroll reported that Mr. Clerkin is very up- set at the present time because he has a stonewall, and the sewage is pouring out through it, going across the street. The distance from his land and the manhole is about 170 feet. In order to connect his house , the sewer main would have to be put in on Warren Street and it would have to be seven or eight feet deep or have a shallow sewer service run along the edge of the pave- ment to his property. He has given Mr. Clerkin an esti- mate of $1200 for the sewer service . In addition, he will have to pay a charge in lieu of betterments which is approximately $800 Mr. Richards reported that Mr. Clerkin talked to him and said the 0200 did not bother him but the $800 537 does because he cannot apportion it. Mr. Carroll explained thataccording to Town Counsel this type of charge cannot be apportioned. Mr. Adams said that the sewer probably won' t be put in Warren Street for a long time , and Mr. Carroll stated tilt even if it is twenty years, the Town should not be in a position of not being able to collect a betterment He said that, in fact, he was going to ask Mr. Clerkin to buy the pipe be- cause $1200 is a substantial amount to take out of the budget. Mr. Richards asked if Mr. Clerkin could be given until the end of the year to pay the $800 Mr. Ferguson felt it would be better to collect the amount when due, otherwise someone else might re- ceive the benefit of the sewer and never pay for it. It was agreed to advise Mr . Read that the two minor items have been referred to Mr. Carroll, and insofar as the sewer is concerned, it is possible to take care of his end of the street when all the pro- perty owners apply for it. Upon motion duly made and seconded, it was voted to sign an Order for construction of a sidewalk from Sidewalk Tewksbury Street 357 feet, more or less, southerly Order along the westerly side of Bedford Street, as follows BEDFORD STREET Middlesex, ss . Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 21, 1960, duly adopted under Article 22 of the Warrant the following vote : "VOTED: That the Selectmen be and they hereby are authorized to construct concrete , bituminous concrete or other sidewalks, at such locations as they shall deter- mine, where the abutting owner pays one half of the cost, or otherwise, and to appropriate therefor the sum of $50,000.00, and to provide for payment by transfer from the Excess and Deficiency Account." NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power 538 no and authority us hereto in any way enabling determine that public convenience requires the establishment of a sidewalk from Tewksbury Street 357 feet, more or less, southerly along the westerly side of Bedford Street, and it is therefore ORDERED that a bituminous concrete sidewalk be constructed from Tewksbury Street 357 feet, more or less, southerly along the westerly side of Bedford Street, and that one-half of the cost thereof be as- sessed upon the abutting estates. Annexed hereto and made a part hereof is a schedule of the owners of said butting estates and an estimate of the assessments upon them. Witness our hands at Lexington aforesaid this twentieth day of April, 1960. /s/ Norman J. Richards Lincoln P. Cole , Jr. Majority Board Alan G Adams of Gardner C . Ferguson Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass . April 20, 1960 Then personally appeared Alan G . Adams, Gardner C . Ferguson, Norman J. Richards and Lincoln P. Cole, Jr. , and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 1964 I_ _ 589 ' SCHEDULE OF ESTIMATED RETT3RMENTS Referred to in the Foregoing Order Owner as of January 1, 1960 Lot No. Frontage Assessment Book Page Alice T Magurn 175.90 $175.90 4078 436 (Alice T. McCarthy) Marion A. Burke 71.16 71.16 Pro. 165163 Ralph G. & Mary C Semon,h/w 69.52 69.52 9353 469 Mr. Adams reported that he is at the Police Station a good deal of the time and many times the entire circle has cars parked by people attending meetings . He said there should be a place for police parking only. During Church services and meetings , the driveway is taken up by cars for two or three hours . Mr. Carroll asked if the Chief had anything to say on the subject, and Mr. Adams replied that he was Parking noncommittal, but some of the men spoke to him about it. Mr. Ferguson pointed out that there is a rear door far the police to use in taking in prisoners, and Mr. Adams said there are a number of times when it is better to bring them in the front door. Mr. Richards said he would not object if the Board decided to reserve two spaces for the police cars but he thought any marking should be unobtrusive . It was agreed to authorize Mr. Carroll to reserve space to accommodate two police cars . Mr. Adams brought up the subject of sending a letter of thanks to the Waltham Fire Chief for use of the ladder truck, used to fix the flag pole at Cary Building . He explained that the request for such a letter tame from Chief Engineer Beleastro. The Board did not feel that the letter should originate with the Selectmen. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the fol- lowing j/o pole location: Westview Street, southerly side, easterly Pole from a point approximately 60 feet east of the Bedford-Lexington Town location Line, -- Two poles--guy wire and anchor on each pole (Two existing j/o poles to be removed) . 540 cr Upon motion duly made and seconded, it was voted to renew the following Sunday Sales licenses, all having been approved by the Executive Health Officer: Wardrobe 's Pharmacy, Inc . Sunday Sales Renewal Manor Spa Brigham's Inc " n n Hancock Market Town Line Pharmacy, Inc. to ie n (All establishments checked and approved by Mr. Lurvey) . Licenses The Chatr?man el-plaided that ahe had taken the tdbarty of having the licensee checked. _Mr. Fergutoa 'spgg®'ted, and the Board agreed, that all the licenses should also be submitted to 1014 :thief' of Peace to fiaa bat.iwhether` or riot he has any objection to the renewals . Application was received from William G. Nowlin, 29 Maple Street, for a Guide license . Satisfactory references were received from Mr. Garrity and the Chief of Police . Guide Upon motion duly made and seconded, it was voted to grant the license and have the boy in next Monday to receive his badge . - ' The Chairman read a letter from the Chamber of Commerce , advising the Board that John A. Volpe, former Commissioner of Public Works, will be the speaker at Invitation the annual dinner meeting of the Chamber on April 26 at 7:00, the 1775 House It was agreed to acknowledge the letter and ad- vise that some members of theBoard would attend. The Chairman reported that the League of Women Votemobile Voters would like permission to park a Votemobile in the Center on Tuesday. The Board had no objection. At 9:25 P.M. , Mr Paul M. Mitchell met with the Board, at his request, to discuss the disposition of his front property line . The Chairman stated tht she had reported her Asbury St. conversation with Mr. M; tchell to the Board. She said she realized the condition may be a hazard but not any more than conditions existing in other yards Unfortu- nately it is in front of Mr. Mitchell 's place which makes it unattractive . Mr. Mitchell said he was concerned for the safety of his children, one of whom is twenty months old. He said he received estimates of what it would cost to have some work done and it means he would have to pay X number of dollars which he is financially unable to 541 do. He teaches school, and this year is on sabbatical leave . He is not certain of his plans next year and may be on leave of absence without pay. He said the Town created she problem and it exists because of Town work. Therefore, he feels the responsibility should rest with the Town. He stated that Frost & Higgins could not handle the job because of blasting. Fitzgerald in Winchester submitted a figure of $600 and Frost expense sub- mitted mitted $222. However, this is an he cannot handle . He said an abatement might be helpful to him in long range terms, but at the moment, it is not help- ful. The Chairman said that the Board would have to deliberate on the subject. Mr. Ferguson asked Mr. Mitchell just what it is that he wants, and Mr. Mitchell replied that he would like to have the property restored as nearly as possible to the condition existing prior to laying out the street . Mr. Ferguson asked if he had any pictures of how the property looked before the work was done . Mr. Mitchell said it was a gentle slope going down to the road. The Chairman asked if he ever considered having a wall added to some of the good ledge, and Mr. Mitchell 111 replied in the negative . II 0 Mr. Adams said there is the problem of aesthetic appearance and the problem of safety of the children; the latter could be taken care of by an fence of a tempo- - rary nature . Mr. Adams asked if Mr Mitchell owned the ledge, and he replied in the negative . Mr. Richards asked if any land was taken from Mr. Mitchell, and he replied in the negative Mr. Richards said that then there was no damage done to his property, and the Town did not have to pay him for taking any property. He said he understood that the Town could not appropriate money to do work on private property. Mr. Richards asked how much the betterment as- sessment was , and Mr. Mitchell replied $900 . Mr. Richards asked if Mr. Mitchell thought a fence was the answer, and he replied that he knows nothing about fences and would not be very happy to have a chain link fence in front of his property. He said he wanted more than a partial solution. Mr. Ferguson said that the land Mr. Mitchell is talking about is Town land and he wants the Board to beautify Town land. Mr. Mitchell said the same property was Town land when he purchased the house, but the land was 542 pleasing to look at and not a hazard to his children. In changing the topography, the Town has created a hazard to his children and defaced the property. Mr. Ferguson said it is Town property that has been defaced. The Chairman said that Mr. Mitchell feels an abatement would do him no good and he wants the Town to do something. There are no funds to do anything. She said the Board would have to discuss the subject a little more . Mr. Ferguson said he would like to see a picture of the property before the work was done . Mr. Mitchell said he would look and see if he could find one , and retired at 9:55 P.M. Mr. Ferguson said this is Town land and he would like to see what the situation was before the work was done . The Chairman read a letter, signed by Manuel J. Aruda and Ethel R. Aruda, stating they wished to License withdraw their application for a Package Goods Store license for the sale of all alcoholic beverages until further notice . Upon motion duly made and seconded, it was voted to accept the withdrawal. Upon motion duly made and seconded, it was voted to rescind the vote of the Board on April 11, 1960 to advertise Aruda' s application and to hold a public hearing. Upon motion duly made and seconded, it was voted Armory to invite Major General William H. Harrison, Jr. to meet with the Board next Monday at 7:45 P.M. to discuss the subject of locating an Armory in Lexington. It was agreed to invite Mr John Byrne , Jr. , Plumbing Inspector, to meet with the Board on Saturday Meeting morning at 9:00, Mr. Robert Jeremiah, Wire Inspector, to meet with the Board at 9:15, and the Fire Commissioners to meet with the Board at 9:45. Upon motion duly made and seconded, it was voted Patriots ' to send a letter of appreciation to the Town Celebrations Day Committee for the program planned in observance of Patriots ' Day. Upon motion duly made and seconded, it was voted to re-appoint Mrs . Eleanor Litchfield a member of the Town Celebrations Committee for a three-year term ex- piring April 30, 1963. 1 ' F The meeting adjourned at 10:55 P.M. rt A true record, Attest: ^• e 'ive lerk Select 543 BRT.MTMENIS -MEETING April 25, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 25, 1960, at 7:30 P.M. Chair- man Morey, Messrs. Adams, Ferguson, Richards and Cole were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works , and the Executive Clerk were also present . Mr. William G. Nowlin, Jr. , 29 Maple Street, who was granted a Guide ' s license last week, met with the Board. The Chairman asked how long Mr. Nowlin had been ;.interested in guiding and he replied that he had haen Guide interested for about a year He is in the tenth grade of the Lexington High. The Chairman presented him with his Guide License and badge, and he retired. At 7:30 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate two poles, guy wire and anchor on Westview Street. Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing. The Chairman asked how close to the street the pole would be placed and JYr Mahon replied about four feet. Pole Mr. Carroll called Mr. Mahon' s attention to the location fact that the light should be turned around on the pole as it now goes inside the island. Upon motinn duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing poles, guy wire and anchor location: Westview Street, southeasterly side, approxi- mately 710 feet southwest of Bedford Street, -- One pole . Westview Street, northwesterly side, approxi- mately 690 feet southwest of Bedford Street, -- One pole - guy wire and anchor. # studying during the past four months, but had been 544 CV r4 The Chairman referred to conversation relative to the Boston Edison Company taking ownership of the poles going to theWilliam Diamond Junior High School. Mr. Mahon stated that the company has no interest in the poles to serve Mr. Millican or anyone else . The company is agreed to reimburse the Town in an amount of 1529 which covers the cost of the poles, $226 and labor 303. That is what the company thinks it would cost to install that type of pole . He said, relatige to turn- ing the poles over to the company for future maintenance, Ownership it would have an article written in the form of a bill of of poles at sale, not necessarily a release, but it will not have a Wm.Diamond clause that the company has the right to serve others Jr. High There will be a clause to give the Town the right to maintain the fire alarm wires on the pole, together with the box. The Chairman asked if the company would reserve the right, if the occasion arose, to use the poles for other service and Mr. Mahon replied in the negative . Mr. Stevens asked if the Town could run lines on the poles if in the future additional service is needed for the fire alarm. Mr. Mahon replied in the affirmative . Mr. Mahon retired at 8:40 P.M. The Board indicated interest in the Boston Edison Company taking ownership of the poles and Mr. Stevens said it might take a Town Meeting vote . He said he would check to see how this can be done . At 7:45 P.M. Colonel Noonan and Colonel Wilkinson, Chief of Staff, 26th Division, met with the Board. The Planning Board was also present . The Chairman explained that the Board had a re- quest from General Harrison, via Town Counsel, for an expression of interest in an armory and also an inquiry as to what land is available . Mr. Stevens told the Board what the requirements were . The Board then asked the National Planning Board to look into the matter and that Board Guard had a conversation with General Whitney, and had a dif- ferent answer . Colonel Noonan stated that for some time the Armory Commission wanted to locate a unit or units of the National Guard in the Lexington area. Federal funds were made available for a new armory in the South Boston area but they were unable to proceed with that armory. He ex- plained that Washington authorities were contacted as to the possibility of transferring funds to theLexington area and have received approval at the lower level to go ahead with the Lexington area and feels sure that Congress 545 will go along with it He said they would be able to move on an armory in the Lexington area about July this year . The first problem is whether or not the Board is willing that the armory be located in Lexington; secondly, permission to construct an armory in Lexington and third, if a suitable site is available He stated that it is customary for the community to donate the site to the Commonwealth, and that is all the Federal government ex- pects of the community. During the past four years, twenty communities have provided a site and that is all that is required of the Town. Colonel Noonan said tta t about five acres will be needed. The building itself for Lexington will have three units, armory plus a battalion headquarters . It will represent 25,000 square feetfand this shed can be used for many community uses . It can be used for Town Meetings, the police use the rifle range for training, and it can be used for trade shows . There will be a rifle range , two classrooms, locker room, supply room and toilet areas . Colonel Noonan said that, in addition to the armory, they have provided at least 20,000 square feet of off-street parking. On a drill night, there would be 125 men and they try to get space large enough for at least 200 cars . In addition, there will be some military vehicles located at the armory for which off-street parking will be needed. They need a sI.te of about 500 feet and the necessary facilities, water, sewer and power. The Federal govern- ment will participate in furnishing utilities up to 200 linear feet. The Federal government will- pay 25% of the cost and the State roughly, the balance of 20%. The cost of the building for Lexington is about $325,000. The Chairman asked if they wanted an additional parking area for civilian use , and Colonel Noonan replied generally that is so. If necessary, they could make the 20,000 square feet available to all . The Chairman asked how many military vehicles they were considering, and Colonel Noonan replied thirty to forty, depending on whether or not a maintenance post is put in. He said they are thinking of an artillery bat- talion in this area. Mr. Richards asked where the personnel would come from, and Colonel Noonan replied that is debatable.. . This area will have the 2nd Howitzer Battalion now at the Commonwealth Armory. He believed the men would come with the unit from the Commonwealth. They do not believe Concord would want to come here, and the Woburn and Stoneham armories are filled The fringe on the Bedford- Burlington area would more than support this battalion. He said they have no trouble in filling any unit except the infantry. *of building. There will be a drill shed of 8,000 souare feet 546 t 0 Mr.Mabee asked what the Commonwealth Armory would 111 be used for and Colonel Noonan explained thatthe old East Newton Street armory is in the heart of the pro- posed Medical Center, it is almost impossible to get a motor vehicle around it and it may be transferred to the Commonwealth Armory. He said their problem is to get on a good road if they have to move in a hurry, and 128 seems to be ideal for that . Mr. Cole asked if they had three Batteries, and Colonel Noonan replied in the affirmative . He said the strength of the battery is about 250. Colonel Noonan said he was not familiar with what land is available in Lexington. Mr. Soule asked if there were any alternate sites to Lexington and Colonel Noonan replied that right now we do not have one but they will have no trouble get- ting them. He said he could name six other communities after them for armories . The Chairman stated that there is certain State-owned land and asked if it had been considered. Colonel Noonan said the only land he knew of is near the Belmont incinerator, but it is a very swampy and the Federal government will not give any money for land improvement . He said it would be costly to improve and the road going into the area is very narrow. Colonel Noonan said that he has been out to Massa- chusetts Avenue and out to the right of the Green to the Bedford-Burlington area, and it seems to him that Routes t and 25 would be better going out that way be- cause the road widens out by Route 128. The hill, left to the Green, presents more of a traffic problem. Mr. Soule asked if they could locate on government land such as the Bedford Airport. Colonel Noonan replied that it might be possible but at the present time, it would delay the whole pro- ject a year or two because geographically they have said Lexington Mr. Adams asked if one of the requirements is the availability of a sewer line , and Colonel Noonan replied in the affirmative . He said they could use septic tanks but it is a problem in the years ahead. Mr. Adams said that five acres was mentioned, but it has to be more or less of a workable layout of five acres . Colonel Noonan said the building will run 150 feet, and the frontage should be at least 200 feet . They would like a twenty or thirty foot drive on one side of the building if possible . Mr. Adams asked if it would be 1,000 feet deep, and Colonel Noonan replied in the affirmative . 547 Colonel Noonan said that if there is any Town-owned land available, he would be willing to come out and look at it . The Chairman explained that anything the Town has would have to go through a Town Meeting. Colonel Noonan said the land could be deeded to the Commonwealth and if it did not proceed with the plans within a certain number of years, it would revert back to the Town. Mr. Adams asked if Colonel Noonan felt Lexington suited their needs better than any other location, and Colonel Noonan replied in the affirmative . Mr. Ferguson asked how soon he would like an answer, and Colonel Noonan replied that they would lilts to go ahead by the first of July. He said It he knew the Board looked upon this favorably, and if there is land available , he would like permission to take some borings. Mr. Ferguson asked if Colonel Noonan would like to hear from the Board by the first of June and he replied in the affirmative . He said if the Board thought of some site, and notified him before the first of June, and gave him permission to take borings, he could say the site was acceptable without any fur- ther discussion. Mr. Richards asked if they would excavate for the building and Colonel Noonan replied that it is generally on a slab. Mr. Martin Gilman asked if fees would be charged for the use of the armory Colonel Noonan explained that the military cus- todian by law is in charge of the building, and re- ferred to Section 122 of the General Laws, Chapter 590 of the Acts of 1954. He said any responsible group may use it for a civic or social activity. The armory in Lexington would be a Class C . A group of school children could rent it for 50/ an hour; the rifle range could be rented by a youth group for 25¢ an hour; the police could use the rifle range free ; dances would be 10.00 ah hour They have to charge , by law, a fair rental charge to cover the cost of heat, light and protection of the building. The military custodian would grant permission and there are regular applications which are made out and issued from Colonel Noonan' s of- fice . Mr. Mabee asked how many evenings a week the armory would be in use , and Colonel Noonan replied that generally one weekend a month and Friday, Saturday and Sunday of every week the armory would be available 548 'zJ Colonel Noonan stated that the bulk of the vehicles would be under cover and the entire area will be fenced in with a security type fence . The Chairman stated that the Board would have to consider the subject. She said there is very little land in Lexington that could be used for the armory and she felt the Board could have an answer reit ively soon. Colonel Noonan, Colonel Wilkinson and the Planning Board retired at 8:15 P.M. Hearing was declared open upon complaint filed by John Brucchi, 63 Paul Revere Road, against Howard Adams, 67 Paul Revere Road, whose dog Mr. Brucchi claimed molested and attacked his ponies. Mr. Brucchi and Miss Jean Adams, daughter of Howard Adams, were present . Mr. Brucchi and Miss Adams were sworn to testify under oath by Mr Stevens . The Chairman stated that the Board was in receipt of a letter from Mr. Brucchi dated March 28, 1960, con- cerning a dog owned by Mr. Adams and she proceeded to read the letter . She explained that the complaint was referred to the Dog Officer, Mr. George Forten, and Dog hearing read his report. Miss Adams presented a letter from her father which the Chairman also read. Mr. Brucchi said he had a four foot fence erected a few years ago. He stated that the Adams ' dog was trained to attack his ponies and one was bitten so badly in the mouth that he could not put a bridle on him. He had to sell him at an auctionand took a loss . He said the dog goes into the pasture which is enclosed by a six or six and a half foot fence , but on two occasions the dog went into the enclosed area. The dog now goes to the chicken yard and barks at the pheasants . When the dog went in the second time , there were teeth marks on the pony. The 4atr sn said that in Mr. Brucchi l s letter, he mentioned an attack on the pony in 1958 and she asked when the second attack was made . Mr. Brucchi replied that it was in midwinter when he let them out for exercise . He said the dog had been in twice and ripped the pony. Mr Ferguson asked if the pictures of the two pro- perties were as the properties are today, and Mr. Brucchi replied in the affirmative except the wood, which he had removed. The Chairman asked what kind of a dog the Adams owned, and Miss Adams replied that it is a pure bred 1 549 Collie, six years old. She said that the dog is hers and she trained him herself after having taken a course in dog training She asked if the Chairman would in- quire of Mr. Brucchi as to a description of the bites . The Chairman said thatOfficer Forten' s report described the wounds as being consistent with the bite of a dog. Miss Adams asked if the bites were teeth marks, imprints on the animals, and Mr. Brucchi replied in the affirmative . Miss Adams said that was not consistent with that she had learned. She understood whenever a dog does any type of biting, it does not make an imprint but makes a slash She said her dog weighs about sixty pounds and it did not seem possible to her that he could get onto a pony' s neck because they are higher than a dog. She said the dog has never been in the enclosure and the question would have to be witnessed She said the fence is six feet high and a dog does not jump six feet She said she understood, from talking to local veterinarians, that it would be impossible to prove what dog did the damage since they are always examined after they have been half killed. Mr. Richards asked if she had seen her dog in Mr. Brucchi ' s enclosure , and Miss Adams replied in the nega- tive Mr. Brucchi said he saw him there a couplet of times . Mr. Richards asked how the dog gained access, and Mr. Brucchi replied thPt the yard is not dog proof He does not have a six foot fence all around the place and there is a gate there that any animal could jump over. It is about three and a half to four feet high., Mr. Cole asked if, in training the dog, he had been trgined to jump, and Miss Adams replied thatnot formally but he has jumped over obstacles in the back yard, obstacles about his own height. The Chairman asked if the dog was allowed to run freely all the time and Miss Adams replied that the first year she had him, he was kept in a pen and then tied until he was fully trained so he would not chase cars . He is allowed to roam freely but very rarely leaves the property, and stays very close to the house She said Collies by nature stay on their own property She would no+ say he did not leave the yard, because he does. Mr. Richards asked if Mr. Brucchi owned a dog and he replied that he owns two. Mr. Richards asked if they roam around loose and Mr Brucchi replied in the affirmative . 1 550 cc Mr. Richards asked if there were other dogs in the neighborhood, and Mr . Brucchi replied that he would hate to have to count them all. Mr. Richards asked if Mr. Brucchi 's dogs were ever in the enclosure , and he replied they were at times . He said he has a Shepherd and a Pomeranian. The Chairman said the question is whether or not the Adams ' dog should be restrained because he is molesting Mr Brucchi's ponies . Mr. Brucchi said he did not want to shoot the •dog. The ponies are his investment and his children' s pets . Miss Adams said she has never had any trouble or other complaints about the dog; he obeys and responds to orders . He does not jump on people and has never been trained to do anything of that sort . Mr. Brucchi asked if the Board had requested the Board of Health to submit a record of the dog bites. Mr. Richards asked if the dog has bitten anyone , and Miss Adams said two people have registered complaints. Mr Richards asked if the dog had been restrained, and Miss Adams replied he was checked for rabies and the Board could find out from the records. Mr. Ferguson asked if Mr . Brucchi had ever seen the dog bite the ponies . Mr. Brucchi replied in the negative, and stated that if he saw him he would not be meeting with the Board He said if he ever catches him, it will be the last time he will ever bite them. The Chairman said the Board would take the matter under advisement . Mr. Brucchi stated that if the dog is not re- strained, the first time he catches him on his pro- perty molesting his chickens or any of his animals, he won' t live to leave. The hearing was declared closed at 8:50 P.M. and Mr. Brucchi and Miss Adams retired. A group of men came into the meting and Mr. Weir, Lexingtthn Inn, said they would like to have liquor in their various establishments and would like to put on a campaign to get the Town to vote wet. He said many Liquor people would vote for liquor if it can be controlled. The Chairman explained that with the liquor vote in November, everyone has the right to vote as he wishes and the Board could not establish a policy. She said the Selectmen would not express an opinion on the subject without giving it some consideration. Mr. Woir said they have only the month of May to work on a campaign and then would have to wait until September or October. 551 The group, and Mr Stevens, etired at 9:00 P.M. Mrs . Lufkin and Mr. Dalrymple , Lexington Cab Co. , and their attorney, Mr. Levin, met with the Board. Mr. Levin said the taxicab rules and regulations have not been fully enforced since the time they were adopted. He said the business has changed since the regulations were adopted and the result shows up in two very serious effects on the business; one is the age limit of the drivers, and the other is the rate schedule The twenty-one year old age limit puts the Taxicab business in the position of hiring the worst rather rules and than the best drivers He said it is almost impos- regulations sible to get people of full age , with their families to take care of, to take this kind of a job. One of the drivers, over twenty-one , has a business in New Hampshire that is seasonable and he can drive here in the winter . The otheh drivers over twenty-one are available only on a pert-time basis . He explained that Mrs Lufkin and Mr . Dalrymple are paying the insurance, repairs and settling accident claims so they are more interested in seeing that they get safe , respectable boys . He said they would like the Board to reconsider the regulation requiring the drivers to be twenty-one or over. The Chairman explained that the rules and regu- lations have been referred to the police Department for whatever possible changes that might be made . In the meantime , the taxi companies operate as they have been. Mr. Levin said the zone fare system should be re- examined. He said he thought the system inadequate in a town with a single center to it and fromwhich people go. He said the present system is unfair to many of the customers . Mrs . Lufkin and Mr. Dalrymple have been thinking about using meters for some time . They suggest that the Board delegate someone to look into the entire question of what the fares should be . He said the Town needs taxi service and if this tre schedule is going to be continued, they will not be able to keep putting money into the business and will have to give it up. He said he realized the fare system was something the Board could not consider this evening and he would like an opportunity for Mrs . Lufkin and Mr. Dalrymple to as- semble information on it for the Board to consider. The Chairman said the Board would appreciate re- ceiving such information. Mr. Richards said it would be of some benefit if they consulted their competition on the matter. He said the other company has changed hands or is about to change hands . He said the Board would like fair 52 x cc and equitable rates established so that they y can be enforced, and it would be easier, at least for him, if after some discussion, the company came up with recommendations as to what the companies want for rates . He said miters could not be installed by one company and not the other. Mr. Levin said he would obtain information from other towns . The Chairman said that if the company would sub- mit suggestions, the Board would consider them. She said the Board would like to have a meeting with all the cab companies so that whatever is decided will be fair and agreed upon. Mr. Richards asked how many men the company em- ployed under twenty-one . Mr. Dalrymple replied that they have five out of thirteen who are under twenty-one . During the next two weeks, it will be five out of eleven. The Chairman suggested that the Board would get in touch with the company. The group retired at 9:20 P.M. Petition was received, signed by residents on Tree Carley Road and Reed Street, requesting a hearing with removal the Board relative to proposed removal of a tree at the intersection of the two streets . Mr. Carroll explained that the Tree Warden cannot take a tree down in a public way without first posting it . If there is written objection, the Selectmen must order the tree removed . He stated that he wants curb- ing and sidewalks for MacKayts stores and he has worked up a plan which is acceptable to Mr MacKay. He pre- sented the plan and reported that the people in the area want the tree and the sidewalk . However, if it means Sidewalk losing the sidewalk or the tree , they want the sidewalk. It was agreed to blacktop out to the edge and leave the tree , eliminating the grass plot . Mr. Carroll is also to leave a couple of islands to enable him to plant a few trees some time in the future . Request was received from Mrs . Ilda Forbush, 445 Massachusetts Avenue , for a "No Pakking" sign in the vicinity of her driveway because she claimed her view was obstructed by cars parked along the street . Mr . Carroll reported he had looked at the area and does not think the situation warrants the erection Traffic of a sign. Mr. Richards said the situation at Dunn' s Ford agency has become a hazard The people across the street have difficulty getting out of their driveway 553 because Dunn has cars parked double on the side of the street . Mr. Adams said that is a police matter. It was agreed to refer both matters to the Chief for investigation and report . Further consideration was given to the rules and regulations concerning the Town dump. Upon motion duly made and seconded, it was voted DumpRules to amend, effective immediately, the rules and regu- Regul&ations lations governing the operation of the Town Dump, situated on Lincoln Street, by adding the following paragraph: 9. The dump shall be closed on the fol- lowing days: New Years, Easter Sun- day, April 19, May 30, July Li., Labor Day, Veterans ' Day, Thanksgiving and Christmas . A discussion was held relative to permits and charges to be made for the use of the Town Dump. Mr. Ferguson said as far as he is concerned, the only person going into the dump without a permit is a Town truck. He said that the proposed amendment, as written, is too difficult to police . Upon motion duly made and seconded, it was voted to amend, as of May 9, 1960, the rules and regulations Dump Permits governing the operation of the Town Dump, situated on Lincoln Street, by adding the following paragraph: 10. No commercial vehicle , except one owned or operated by or for the Town, will be allowed to use the dump without a permit. The charges for such a permit will be as follows: 1. $25.00 for a Yearly Permit. This permit will be valid only in the calendar year for which it is issued, and may be ob- tained from the Board of Selectmen upon written application. 2. $2.00 for a Daily Permit. This permit will be valid during the whole of the day for which it is issued and may be obtained from the Superintendent of Public Works . Mr. Carroll reported on a meeting held Thursday with the Air Force relative to the water situation. ao4 0.4 Mr . Stevens agreed to go over the subject with Mr . Water Carroll and draft something for the Board' s signature terminating the contract to supply water to the Air Force Further consideration was given to the subject of the disposition of the front property line of Mr. Asbury Mitchell' s property at 25 Asbury Street. Street The Board agreed that no damage has been caused to Mr. Mitchell' s property and there is no justification for any settlement. Upon motion duly made and seconded, it was voted to advise Mr. Mitchell that the Board will consider a written application for an abatement. Mr. Carroll retired at 10:15 P.M. Mr. Stevens said he had a letter from the Planning Beard, addressed to the Selectmen, advising that an instrument had been obtained from the Lexington Con- Option struction Co., granting the Town an option to acquire a certain parcel of land situated on Holton Road, lot 11, for playground and recreational purposes. Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to pur- chase a certain parcel of land on Holton Road being lot 11 as shown on plan entitled "Plan of Land in Lex- ington, Mass . owned by Lexington Construction Co. Inc ." Mr. Stevens retired at 10:30 P.M. A second letter was received from the Somerville Cadet Squadron asking the Board to reconsider an ap- Tag Day plication for a Tag Day permit. Upon motion duly made and seconded, it was voted not to make an exception to the established policy and the request was denied. Letter was received from Frank Benoit, Commander, V.F.W., requesting permission to conduct the Annual Tag Days Poppy Tag Days on May 19 and 20. This is one of the organizations which has been granted a permit for a number of years and the drive is national Upon motion duly made and seconded, it was voted to grant the request . Application for a license to drive a taxi was re- ceived from Warren Monsignore, 76 Laconia Street License Report was received from the Chief of police, and 555 it was agreed to hold the application over pending a 'eQsmmendation from the Chief. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectrrn n' s Meeting held on April 20, 1960, subject to including the item that Mr. Stevens returned to the meeting at 9:50 P.M. to discuss the subject of Town Counsel. Mr. Stevens returned to the meeting at 10:35 P.M. to discuss the subject of Town Counsel and retired at 10:50 P.M. Upthn motion duly made and seconded, it was voted to re-appoint Harold E. Roeder to theBoard of Fire Appointments Commissioners for a three-year term expiring May 1, 1963 Upon motion duly made and seconded, it was voted to appoint Officer George W. Forten, Dog Officer, and Eugene M. LaRose , Second Dog Officer, for terms ex- piring May 1, 1961 . Upon motion duly made and seconded, it was voted to re-appoint the following Inspectors for tern ex- piring March 31, 1961: Donald K. Irwin, Building In- spector; Robert K. Jeremiah, Wire Inspector and John B. Byrne, Jr . , Plumbing Inspector. Upon motion duly made and seconded, it was voted to approve surety bond M 242257 in the sum of $1,000, Bond on behalf of Donald K. Irwin, Building Inspector . At 10:50 P.M , Messrs Burnell and Mabee of the Planning Board met with the Selectmen. Mr. Mabee presented each member with a proposed plan for the reorganization of the Planning Board . The subject was discussed until 11 : 5 P.M. , at which time the meeting adjourned. A true record, Attest: „Etecutive lerk, Selec en � CJS 556 z 0.4 SFJECTMrEN'S MEETING , May 2, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 2, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson and Richards were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- sent. Mr. Cole arrived at 7:40 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors . The following Jurors individuals were drawn for jury duty: Philip L. Gordon, 35 Peacock Farm Road and Melvin Labitt, 30 Tyler Road. Mr. Carroll retired. Letter was received from Walter E. Murray, re- questing permission, on behalf of St. Bri id' s Church, ng ehal � Paper Drive to conduct a paper drive on Sunday, May 8, 1960. Upon motion duly made and seconded, it was voted to grant the request. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on April 25, 1960 Mr . Stevens reported further on the Campobasso claim and upon motion duly made and seconded, it was Claim voted to authorize settlement of the land damage claim for $1200.004' Mr. Stevens reported that there are three other land damage claims in connection with the installation of the East Lexington sewer from the East Lexington Railroad station up to the intersection of Peacock Farm Road and Watertown Street . He stated that there will be a suit by Shea; Mr. McGirr, whose property ad- joins McKeen' s, Mr White and Mr. Fink, both on the Peacock Farm section. There are several other parcels on which the easement was taken . The easement was kept on the White and Fink properties because if Emerson Road is laid out as contemplated, those properties will be taken He said the Fink case can be settled on the basis of waiving any charge in lieu of betterments of $750. He will then have to pay a connection charge . The White case can be settled for $1,000. 557 The Chairman said that it would seem that both cases should be settled for the same amount, and Mr. Stevens reported that he had raised that question with Mr. Russian, attorney for both parties. Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to proceed with the settlements as outlined. Mr. Stevens brought up the subject of insurance on the Town Dump situated on Lincoln Street. He explained that on occasions individuals have claimed damages to Dump their automobiles . Now that a charge is to be made for insurance the use of the dump, the Town might find itself involved in some responsibility He discussed the subject with Converse Hill who advised that coverage from $50,000 to $100,000, personal injuries will cost $36.50 and $5,000 property damage would cost $10. Upon motion duly made and seconded, it was voted to place $100,000 to $300,000 personal injuries cover- a-e and $20,000 property damage coverage on the dump. Further consideration was given to Mr. Harold J. Toole ' s letter of April 27, 1960, relative to an agree- ment between the Town and the Metropolitan District Commission concerning sharing the cost of constructing the new water facilities authorized by Chapter 590 of the Acts of 1959. Upon motion duly made and seconded, it was voted to request the Metropolitan District Commission to construct the water main to Watertown Street and to advise the Commission that the Board is prepared to enter promptly into an agreement for the Town to share in the cost of such construction. It was further voted that John J Carroll, Super- Termination intendent of Public Works, be and hereby is authorized of Air Force and directed to terminate the water service contract Water Con- with the United States, Contract No. AF 19 (604)-781, tract dated May 7, 1952, as amended by instrument dated January 1, 1954, effective November 1, 1960 and to execute and deliver a notice of such termination to the United States . Mr. Stevens retired at 8:25 P.M. Mr . Carroll reported that Kenneth Kelley, a Town employee, was struck on February 5, 1960 in the jaw by a sewer machine hose that knocked his denture into a sewer. He completed an accident report and the in- Accident surance company classified it as personal property. 111 The accident cost Mr. Kelley approximately $150. 553 cc Upon motion duly made and seconded, it was voted to authorize payment in an amount not exceeding $150. Mr. Carroll stated that for a number of years there has been the problem of burning trees and tree stumps infected with Dutch Elm disease During the Burning time Mr. Gayer was Superintendent, Mr. William Maloney diseased offered the use of the Lexington Nursery property for trees and burning the infected trees and stumps . He spoke to stumps Mr. Maloney last week and he said the Town could burn the trees that the Public Works Department took down or had taken down because they were diseased He said he would call the Fire Department when the trees were burned Mr. Adams said it was a very fine offer, but des- troying the trees is or could be quite a project, and he understood Mr. Maloney is not the only owner of that property. Mr. Carroll said that Mr Anthony Cataldo is part owne r The Chairman said the Board should press the pur- chase of another dump site and as soon as possible , move the activity to Town property Mr. Adams said he did not think the Town should use the property on a verbal offer . Mr. Ferguson asked why the stumps could not be burned at the Town dump. Mr. Carroll explained that there is no burning at the dump and as soon as it was started, people would complain. Mr Richards suggested using the nursery pro- perty on a temporary basis . Mr. Adams asked if Mr. Carroll had discussed the subject with the Fire Department, and he replied in the negative . He said he knew he couldn' t burn them without obtaining a permit from the Fire Department. Mr. Ferguson said he thought the stumps should be burned at the Town dump. He said there wouldn' t be burning every day a tree is taken down. The Chairman suggested that a letter be sent to Mr. Maloney, stating that the Board understood from Mr. Carroll that the diseased elm trees could be burned at the nurser'y, that the offer is appreciated and it is hoped it will work. out . Mr. Ferguson said he was inclined to agree with Mr. Adams and use the Town dump. Mr. Adams said he thought the Fire Department should also be contacted The Chairman suggested that Mr. Carroll ask the Fire Department to check it and after checking, the Board could write and thank Mr. Maloney for the use of the property and advise him that the activity will 559 be stopped any time it is found to be a nuisance . Mr. Richards and Mr . Cole agf3eed with the sug- gestion. Mr. Ferguson said he preferred to burn the stumps on Town land, and he said he did not think it was vital to burn them. Mr. Adams said the letter should not be sent to Mr. Maloney but should be addressed to the Lexington Nursery. The majority of the Board was in favor of proceed- ing as theChairman suggested. Mr. Carroll reported that he talked to Mr. Leonard Foster, Mr. Tarbox and Robert Custance relative to plant- Trees ing trees in the Center . They were impressed and will re- commend favorable action by the Chamber of Commerce . Mr. Carroll reported that he has two contracts coming out on May 16; one for all the streets and the other one for the trunk sewer down on Watertown Street . He intends to have two sewer contracts, one in late May or early June and one in June . He plans tentatively to have his .,own department do ttrrengineering work on Projects some of the sidewalks and also write the specifications . The more difficult sidewalks, involving walls, etc . , will be on another contract . He expects to have a substantial amount of thesidewalk work done before school opens in the fall. The Chairman said that when bids were opened for police cars, the question came up as to whether or not there would be any advantage to sending out bids for all Town cars at the same time . Mr. Carroll explained that they would not all have the same specifications and he did not think it would result in a saving of more than $50. He said he would Car bids have no objection, but he would want to write his own specifications . Mr. Carroll said that telephone calls are coming in relative to the $25.00 charge for dump permits . Some people have pickup trucks that are not used com- mercially. Mr. Ferguson said that any vehicle with an A, B, or C plate should be charged Mr. Cole said he did not understand that was the original intent . The Chairman read a letter from Joseph McDonough, 94 Grove Street, advising that he has used a company 560 pm truck to carry rubbish from his home to the dump be- cause he cannot carry it in his car, a Volkswagen. Dump The Chairman reported that Locke ' s Window Clean- permits ing Company from Concord had inquired about obtaining a license . Mr. Carroll said he thought the Board should con- sider every individual who applies for a yearly permit because the object is to keep outsiders frzimusing the dump; otherwise there will be so many permits it will be impossible to check them. Mr. Ferguson agreed, and said that every individual with a commerdial plate on the truck should pay the fee . The Chairman said that the Board voted to charge $25,00 for a yearly permit and asked if the permit ran from January to January or from May to May. If it is from Janu- ary 1st, $25.00 should not be charged now. Mr. Carroll strongly disagreed. Mr. Ferguson said it was agreed that it was unfair to charge $25.00 for the first year if the individuals were not going to get a full year. Mr. Carroll said that if it was agreed, it was not incorporated in the rules and regulations . Upon motion duly made and seconded, it was voted to charge $25.00 for yearly permits from the effective date , May 9, 1960, until June 30, and $15.00 thereafter. It was also agreed that residents of Lexington will be issued a permit automatically, but any oat-of-town individual or concern' s application will be viewed by the Board. Letter was received from Mr. Mitchell Spirts, ad- vising that for some time he has been having a problem School with garbage collection at some of the schools . Garbage Mr. Carroll reported that he and Mr. Spirts met Collection with the Contractor about a month ago, and it was agreed at that time that the problem would be solved, but ap- parently it hasn't been. He said his only solution would be to fine the contractor $5.00 for each collection he misses . very time he is fined, he threatens to leave . The Chairman said that apparently the only solution is to enforce the $5.00 fine . Yr. Carroll retired at 9:20 P.M. Chief Rycroft met with the Board to discuss Taxi Rules and Regulations. Taxi Rules He said there is no question but that the regu- & Regu- lations are good ones , and many times regulations are lations made for a purpose and are good to have if an occasion arises, but they do not necessarily have to be enforced. He said he was concerned about the regulation requiring 561 drivers to be twenty-one years old, because the companies have good operators between the age of eighteen and twenty-one . They are boys working for a living and try- ing to help themselves through college . He said he did not think it would be a good policy to enforce that regu- lation, but thought it should be a regulation. He said the Town is growing and it is possible that at some time there may be a fleet of cabs, at which time the twenty-one year regulation would be desirable . He said he thought the regulation requiring a picture of the operator to be displayed in the taxi could be left out, as the majority of drivers are local. He did not oppose the *1.00 fee for a driver' s license but said requiring the drivers to wear caps was an expense . He said he thought the companies should be encouraged to install meters, the rates could be established and then there would be no question as to what the charges will be . The Chairman asked if he thought the zones have out- lived their usefulness, and the cabs should be metered The Chief replied in the affirmative . The Chairman asked if the Chief thought the owner of the taxi should be a Lexington resident, and he replied that the requirement should be kept in the regulations. Mr. Richards said that there should be some ;means of identification and the Chief stated that the drivers could be given a numbered badge . He said he did not think a photograph was necessary. The Chief said he has never had any trouble with the companies or the drivers . There have been occasional complaints about drivers and the companies let them go immediately He stated that the companies have been most cooperative The Chief said that the Federal Gun Act has been in existence for a number of years and when an individual applies for a permit, he is checked as to character and reputation During the last six or eight years, the Police Department has been asked to make a personal check on the applicants One applicant, Winston Markey, 11 Edgewood Road, identifies his business as the New England Gun Service and is a ecientist at M.I .T. He told the Chief that he does not have a place of business except his home which is in a residential area He does not Gun Permit carry on a business at his house , but if he receives a gun from another dealer, it is delivered by parcel post . He could have them delivered by American Express but that is more expensive and usually they arrived damaged The Chief told Mr. Markey he could not make a decision relative to issuing a permit, inasmuch as the 562 , "zJ address he uses is in a residential area, and he held it up. This is the first permit to be issued. Mr Markey formerly lived in Cambridge and had both a State and Federal license at that address The Chairman asked if the activity was more of a hobby than a business and the Chief replied in the affirmative . He said personally, he could see no objection to issuing the permit. The Board had no objection to the issuance of the permit and left the subject to the discretion of the Chief. Mr. Ferguson pointed out that a license would be issued to an individual in a residential zone which is contrary to the Zoning By-Law. Certification of the Board' s requisition was re- ceived from the Division of Civil Service . The Chairman reported that Mr. Ernest Avallone , whose name appears on the list, would like to defer being considered at this time but wants to keep his Civil name on the list for future consideration. Service The Chief pointed out that this applicant is List now thirty-five years old. Appointment of a police officer was held over until the next meeting of the Board, at which time the Chief will have a report on the men whose names have been submitted by Civil Service . The Chief reported that the Ford Company has a program established whereby a safety car is given to Towns, the only r quirement being that the car is used for safety purposes only and not for cruising. Dunn Ford Sales suggested making a car available to the Town last February but decided it would be better Safety Car to wait until after the bids were opened for the new cruisers . He does not want any lettering on the car that it is donated by Dunn Ford. The car will be painted any color and the Town has to pay the insurance and keep the car in repair. The car is replaced by the company each year . The Chairman asked how the Chief would use the car, and he replied that he would use it on radar, parades and water shortage . He explained that when the car is turned in, the Town is not expected to purchase one ; it is never owned by the Town. The Board had no objection. Chief Rycroft retired at 10:00 P.M Letter was received from Mr. Leslie C . Read, 2 Warren Street, relative to ripples on the curve of 563 Percy Road, storm sewer, widening Warren Street and an abatement on his taxes, because his house is not con- nected to a sanitary sewer. Complaint The complaints, with the exception of the tax abatement, were referred to Mr. Carroll, Superintendent of Public Works . Letter was received from Della M. McCarthy, 1 Great Rock Road, asking to have sand removed from the area of Crescent and Great Rock Road. Sand The Town does hot remove sand from unaccepted streets Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing Boston Edison Company pole location; same having been approved by Mr. Carroll Pole locati ons Lowell Street, southwesterly side , approximately 215' southeast of Woburn Street, -- One pole . The Chairman read a letter from Irving L. Levine, 10 Estabrook Road, advising that he has a newspaper agency for a business and owns a Willys Delivery jeep Dump permit which he also uses for weekly trips to the dump. He asked if he would have to pay for a dump permit . The Chairman was authorized to advise Mr. Levine that if the jeep has a commercial plate , he will have to obtain a permit before he can deposit rubbish in the Town dump. Further consideration was given to Mr. John Brucchits complaint relative to a dog owned by Miss Jean Adams Dog Upon motion duly mrde and seconded, it was voted to advise both Mr. Brucchi and Mr. Adams that the Board found no cause for issuing a restraining order at this time . Further consideration was given to Mrs . Ilda Forbush's request for "No Parking" signs in the vicinity Traffic of 445 Massachusetts Avenue Chief Rycroft recommended painting the curbing red, which was agreed to by Mr. Carroll. Mr. Ferguson mentioned the difficulty vehicular traffic has going into Waltham Street from Vine Brook 564ac cc Road due to the fact the view is obstructed by parked cars It was agreed to ask Mr. Carroll to make a check and recommend a solution. Letter was received from Mr. Nickerson, Chairman Board of of the Board of Appeals, advising that it will not be Appeals necessary to appoint a fifth alternate member until alternate after the Attorney General has approved the amendment to the Zoning By-Law. Upon moticn duly made and seconded, it was voted Bond to approve bond No. 821850 in the sum of $1,000 on behalf of Paul Edward Furdon as Constable . Upon motion duly made and seconded, it was voted to grant the following licenses : Lexington Cab. Co. , Inc. Taxi (renewal) Arlex Taxi Co. Licenses Taxi Driver Licenses : Warren Monsignore William Savage Charles W. Savage Edward L. Kinneen Robert E. Walton Joseph Conway Concord Hill Market Sunday Sales (Renewal) F. K. Luwry, Five Forks Spa Village Variety Store n n n Clarence E. MacPhee Lexington Bowladrome Bowling Alley Sunday Bowling John J. Salterio Common Victualler New (MacKay's Stores) Sunday Sales " Further discussion was held relative to location of an Armory in Lexington. Mr. Adams suggested the area in front of the Armory Public Works Building and tax title land on Hartwell Avenue . The Chairman polled the Board; three members were in favor and two opposed. The Chairman called the Planning Board but the only person in the office was Mr. Snow who came into the Selectmen's Meeting. He said that he understood the Planning Board was unanimously opposed. He sug- gested that the Chairman contact Mr. Burnell. Mr. Snow retired. The Chairman was authorized to advise Colonel Noonan that the Board was three to two in favor, and that there does not seem to be any site available in Lexington at the present time . 565 Mr. Adams said that following the Town Meeting, at which the parking lot was diecussed, the subject was dropped. He said many people think it should have been given more consideration. Mr. Nickerson talked to him, Parking one of the fourteen people interested, and was very much area in favor of continuing. It was suggested that Mr Cataldo be contacted, which waF done about a week ago. He is willing to take the spur track out and give one or two accesses including an automobile crossing. He said he thought the parcel was badly needed for parking and the subject should be given further consideration. He said as soon as parking meters have been installed in the other municipal parking areas, pressure will be put on for a parking area. Mr. Ferguson asked if Mr. Adams was proposing that the sum of $40,000 be paid to Mr. Cataldo, and he replied in the affirmative . Mr. Ferguson asked why these fourteen people did not make themselves known at the Town Meeting, and Mr. Adams replied tent, to his mind, the subject was not adequately discussed. He said many people follow the recommendations of the Board and he did not think the Board gave,L_ the subject much consideration He said he thought the means of acquiring the property was a mis- take and should be revised. The Chairman asked if Mr Adams meant the Board should not proceed with the taking and he replied that he was not sure . Mr. Richards said thatMr. Murphy is an excellent appraiser and it was his feeling that Mr. Murphy is going to appraise what the Town is going to take , He said it would not be necessary to take any land to ac- quire a crossing. Mr Adams said to get the full effectiveness, a crossing must be somewhere near Depot Square . He said he thought there should have been more study and he understands that if Mr . Cataldo receives $40,000, he will take up the spur track. He will also give the Town a crossing at Depot Square . He said an auto- mobile crossing will make the parking area more useful. Mr. Ferguson asked Mr. Adams what he proposed, and he replied that the Board should deal with Mr. Cataldo on the $40,000 basis . Mr. Ferguson asked if Mr. Adams wanted to make a motion to that effect . The Chairman said that the Board can always go to a Town Meeting and request an additional appropria- tion, if it is convinced that is what should be done, but the Board is not convinced 56 Mr. Adams said Mr. Nickerson would like to talk 111 to the Board and he thought Mr. Cataldo was open for further negotiations. He said perhaps the Board should have more information on the subject. The meeting adjourned at 11:15 P.M. A true record, Attest: 1/azj ) ec tiv Cler , Selectfn r4, � I M1 1 567 SELF TMENIS MEETING May 9, 1960 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday, May 9, 1960, at 7:30 P.M. Chairman Morey, Messrs . Ferguson, Cole and Richards were present . Mr. Carroll, Superintendent of Public Works, and the Execu- tive Clerk were also present . Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Wood Street . Mr. Mahon, representing the petitioner, was the only person present at the hearing . He explained that the proposed pole location is in connection with a street light the Town desires to have installed. Pole Upon motion duly made and seoonded, it was voted location to grant the petition and sign the order for the fol- lowing pole location, same having been approved by Mr. Carroll : Wood Street, at the intersection of Hartwell Avenue, -- One pole At 7 :35 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company for permission to make pole locations and a manhole location on Spring Street . Mr. Mahon explained that it is necessary to lo- cate the manhole opposite the Raytheon Driveway and Pole connect this petition is to correct the petitionerts records . & manhole If granted, it will supersede the order adopted by location the Board on February 29, 1960, recorded in Book 40, Page 14. Mr. Mahon representing the petitioner, was the only person present at the h earing. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole connections and manhole location; same having been approved by Mr Carroll: Spring Street, southwesterly from a point approximately 37951 southwest of Marrett Road, a distance of about 1251 ,-- Pole connections . 568 PC CC 0.4 Spring Street, southwesterly from a point approximately 3915' southwest of Marrett Road, a distance of about 10' , -- Manhole Spring Street, southwesterly from a point approximately 3925' southwest of Marrett Road, a distance of about 40' , -- Pole connection. Mr. Mahon retired at 7:40 P.Y. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on May 2, 1960 Mr. Carroll reported that he had received bids for a new car to replace the one he is driving, as follows: Rowe-Jackson $1,804.10 net Dunn Ford Sales 1,818.65 net Car bids Mawhinney Motors No bid. The Chairman asked if both bids met the specifi- cations, and Mr. Carroll replied in the affirmative . Upon motion duly made and seconded, it was voted to accept the low bid of $1,804.10 submitted by Rowe- Jackson. Mr. William Ray, representing Frost & Higtins Co. , came into the meeting and stated that it is not quite clear to him whether or not when a concern has more than one truck it is necessary to obtain a permit to use the dump for each truck or if a blanket permit would be issued. The Chairman explained that this is one of the Dump problems the Board intends to discuss. However, it is the Board' s intention that every vehicle with a commercial license going into the dump must have a permit Mr Ray asked if she meant that each truck must have a permit, and the Chairman replied in the affirmative . She explained that a daily permit could be obtained. She said that the Board would discuss the subject later in the evening and consider Mr. Ray' s problem at that time . Mr. Carroll said th at Mr. John Harrington, a public Works Department employee on sick leave , is now home from the hospital, but his doctor advises that he will not be able to return to work for another month or two. Mr. Carroll said he would like to have the sick leave extended another month to June 4. 569 111 The Chairman asked how much sick leave Mr. Harrington has had, and Mr . Carroll replied he had forty-five days to which he was entitled and the Board approved a month. Mr. Ferguson asked if Mr. Carroll was recommending the extension, and he replied in the affirmative . Sick leave Upon motion duly made and seconded, it was voted to extend the sick leave to June 4, 1960. Mr. Stevens arrived at the meeting at 7:50 P.M. Mr. Stevens explained that in 1958, tax title lots 26-31 Garfield Street were sold to Pond Realty Trust, and at that time , it was voted to grant an easement through tax title lot 12, Garfield Street This lot is still available if the Board is prepared to grant the easement Easement Upon motion duly made and seconded, it was voted to authorize Mr Stevens to advise Pond Realty Trust that when they are ready to submit a plan to the Planning Board for definitive approval, the Selectmen are prepared to grant the easement . Letter was received from Mr C . Clifford Hanson, 11/ 905 Massachusetts Avenue , together with pictures, com- plaining about the activities of Mahoney Bros . , 937 Massachusetts Avenue . The Chairman gave the letter to Mr. Stevens to read. Zoning Upon motion duly made and seconded, it was voted Complaint to advise Mr. Hanson that he should contact the Build- ing Inspector. The Chairman read a letter from Mr. W. F. Davis, 18 Boulder Road, requesting the Board to consider the installation of a sewer main to enable him to connect to the town sewer . Mr. Carroll explained that if the situation is serious enough, the only solution is toinstall the sewer and take easements from Mr. Fletcher and Mr. Heath, which willprobably result in payment of damages . Sewer, The Chairman stated tht if this sewer is put Boulder Road in, it should also take care of Mrs. Fernald' s pro- perty. Mr. Carroll said he could have a betterment sheet prepared and sent out for signatures, but he did not think the Board would want to install the dewer this year . He explained tht there were a number of requests in the budget not approved. Mr. Ferguson suggested that the Board find out at least how much it will cost and just what the problem is 570 - n ct 1.11 The Chairman said that this , in effect, is a main 111 and should wait its due time after appropriations . It was agreed to advise Mr Davis that the Super- intendent of Public Works will look into the subjsct and submit an estimate of cost Mr. Stevens retired at 8:20 P.M. Mr. Douglas Robertson and Mr. Huoppi of Grape- vine Avenue , met with the Board. Mr. Robertson reiterated his complaints of last October relative to Marshall' s Bakery which included Parking & parking on Grapevine Avenue , odors, noise and the en- Zoning largement of the business . He requested "No Parking" Complaint signs on Grapevine Avenue , and said he would like to have the Town reseed the area damaged by parked cars . He explained that all the cars do not belong to the bakery employees; some are left on the street by people working at Raytheon. The Chairman explained that the Building Inspector is responsible for enforcement of the Zoning By-Laws . She suggested that Mr. Robertson contact him and ask him to look into the permit granted by the Board of Appeals and explain to what extent it is being violated. Messrs . Robertson and Huoppi retired at 8:35 P.M. It was decided not to take any action relative to Mr. Robertson' s requests or complaints until after Mr. Irwin has hadan opportunity to discuss the subject with him. At 8:30 P.M. , Mr. Robert Custance, Mr Fred Miller and his son, and Mr. Baldwin, Lexington Lumber Company, met with theBoard, as representatives of the Lexington Chamber of Commerce , to discuss the new Chamber of dump regulations. Commerce re Mr Custance explained that the group, as a com- Dump mittee, believes the dump should be free to all who want to dump Lexington rubbish and understands the pro- blem that large quantities of rubbish from out of town are being dumped He said they feel that permits should be issued to local people free of charge , He checked with Winchester and permits are issued there for the duration of jobs . It is the same in Concord. The Chairman read a letter on the subject, received from the Chamber of Commerce . Mr. Miller said he is in favor of paying because he is in the business, but he did not think it was fair to the small truck owners . Mr. Baldwin said that the Lexington Lumber Company pays taxes as individuals and as a corporation and it does not seem fair that the company should have to 571 pay for a permit because it is fortunate enough to have a truck. He asked if the original idea was to keep outsiders from using the dump or if it was a source of revenue The Chairman explained that it is not for revenue and that outsiders desiring to use the dump must first apply in writing to theBoard. Mr. Ferguson explained that the object is to re- duce the number of trucks going into the dump. The amount deposited by passenger cars was small and pre- sented no problem. The first objective was to reduce as much as possible the number of trucks and reduce the volume of material being dumped which would result in the use of the site for a longer period of time . He stated that even residents of Lexington will not be permitted to bring rubbish firm out of town and dump it. The Chairman stated that the Board established the regulations, advertised them, and they are in effect this week. The Board is willing to listen to complaints and suggestions. However, if the Board does have a change of mind, it won ' t be this evening. Mr. Baldwin asked if, in the meantime, the regu- lations would be enforced, and the Chairman replied in the affirmative Mr. Richards stated that the Town is spending a substantial sum on the dump; this year something over $20,000 to maintain and operate it . The operation of the dump has improved, but it has been easy for an individual doing work in Arlington to take the material to the Lexington dump. He said the dump is an expensive operation and the Bow d is looking for another site, and in the meantime trying to keep the present dump under control. He stated that this is one step which may have to be modified in some degree . The group retired at 9:07 P.M. Mr. John Brucchi, 63 Paul Revere Road, met with the Board, relative to the decision of May 2, 1960 not to issue an order for the restraint of a dog owned Dog by Miss Jean Adams, 69 Paul Revere Road The Chairman stated that the Board did not feel the evidence presented by Mr. Brucchi was sufficient proof that the damage to his ponies had been caused by this particular dog. Mr. Brucchi asked to have a copy of the Dog Of- ficer' s report and said that he would engage an attorney He retired at 9:15 P.M. Upon motion duly made and seconded, it was voted 572 0.4 rz CV not to re-open the matter , and to advise Mr. Brucchi that if he retains counsel, the report of the Dog Officer will be available to him at the Selectmen' s Office . Letters complaining about the new dump regulations were received from Kirkland & Shaw, 148 Cedar Street; Craftsmen, Inc . , 578 Marrett Road; Custance Brothers, Inc. , 68 Bedford Street; Soule Brothers, [inc , 640 Lowell Street; Davenport ' s Garden Center, 482 Bedford Street; Lexington Gardens, Inc. , 93 Hancock Street and Lester L. Andrews & Son, 277 Bedford Street. The Chairman stated that the only question that comes to her mind at this time is whether or not any other town is charging $25.00. Mr. Cole said he wanted to go on record that the Dump $25.00 charge is grossly unfair to the people with little pickup trucks who are not in the trash business . He said he has less sympathy for those in the business He said he thought the Board should reconsider the sub- ject. Mr. Richards said that nothing started is ever perfect and he thought no one should panic on the original inception. He said after the regulations have been in effect for some time, the Board can see how they can be worked out when the real inequities appear. Application for a Yearly Dump Permit was received from James A. Freaney, 1 West Street, Hyde Park Permit Upon motion duly made and seconded, it was voted to issue a license to Mr. Freaney and advise him that it is only for rubbish originating in Lexington and any violation will result in the revocation of the permit . Upon motion duly made and seconded, it was voted Permit to grant a Yearly Dump Permit to M I.T. Lincoln Laboratory, Wood Street, Lexington. Application for a Yearly Dump Permit was received from Frost & Higgins Co. , 20 Mill Street, Arlington. Permit Upon motion duly made and seconded, it was voted to grant a permit and advise that the regulations will remain as announced. Upon motion duly made and seconded, it was voted Peddler' s to renew Peddler' s License to Chester W. Fillmore, 659 License Marrett Road, Lexington. Mr. Carroll retired at 9:35 P.M. 573 Upon motion duly made and seconded, it was voted to re-appoint Mr. Harold E. Stevens as Town Counsel Appointment for a term expiring March 31, 1961 Upon motion duly made and seconded, it was voted to appoint Benedict W Bertini to the Recreation Com- Appointment mittee for a term expiring April 30, 1963 . Upon moti(Jn duly made and seconded, it was voted to appoint the following individuals to serve on the Committee to arrange for the observance of Memorial Appointments Day and Veterans ' Day, 1960; Maurice D. Healy, Jerome F. Gartity, Lawrence E Stone , George E. Foster and Charles E. Parks Letter was received from William F. O' Brien, Secretary of the Lexington Little League , Inc . , re- Permit questing permission to conduct the League ' s annual sticker drive on Saturday, May 21, 1960. Upon motion duly made and seconded, it was voted to grant the request Application was received from the Prom-Manaders Club requesting permission to use the lobby in Cary Memorial Building for a clothing drive to be held May 20, from 6 00 P.M. until 9:00 P.M. and May 21 from 9:00 A.M. until 6:00 P.M. The Board felt that the proposed use was not an activity that should be conducted in Cary Building and inasmuch as the janitor ' s fees would be sub- Use of Hall stantial, it was suggested that the shed at the Red Cross Building or the garage where the Red Cross keeps the Station Wagon be used. The Chairman agreed to contact the Red Cross office to find out whether or not the organization would consent to the use of either location and then contact Ronald Blanchette who applied for the Prom-Manaders . Messrs. Burnell, Grindle , Soule and Snow met with the Board at 10 :35 P.M. The Chairman said that Mr Burnell had told the Planning Board that he was meeting with Colonel Armory Noonan and General Harrison tomorrow to discuss the Board ' s feeling relative to locating an armory in Lexington, and Mr Burnell said that was correct. The Chairman asked if the Planning Board had an opportunity to read the letter from the Department of the Interior relative to the Minute Man National Historical Park. 57 - cc 1.4 Mr. Burnell replied tkt the Board has not had time to study it and would like a little more time . The Chairman said that before the Board considers the proposed relocation of Route 2A it needed to be shown how the discontinued access road and Wood Street are going to be handled. Mr. Snow reported that the Town of Lincoln has asked four representatives of the Park Service to meet with them at the Lincoln Town Hall tomorrow night . The Chairman said that one of the items the Board wanted to discuss was dump sites. Three years ago the Dump Sites Planning Board suggested the ;Massimilla land off Bartlett Street and Lowell Street; the Sand Pit at the end of Utica Street and a section of land off Lowell Street and North Street rear of John E. Allen & Co. She asked if the Planning Board had anything to add to these recommendations . Mr. Snow suggested Simeone 's land on Maple Street and reported that it contains forty acres Mr. Burnell said the Planning Board would study the subject again and give the Board a report . The Planning Board retired and the meeting ad- journed at 11:10 P.M. A true record, Attest: y/ eceftive lerkelect r� ' I 575 SELEC TM E N'S MEETING MAY 16, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, May 16, 1960, at 7:30 P.M. Chairman Morey, Messrs .Adams, Ferguson, Cole and Richards were pre- sent . Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 9, 1960 . The Chairman read a letter from the Air Force Com- mand and Control Development Dividon, acknowledging receipt of the Board' s notice of termination, dated May 2, 1960, under contract AF19 (604)-781 for water service at Laurence G Hanscom Field, to be effective November 1, 1960 Mr. Stevens reported briefly on a meeting with II Air Force personnel tomorrow morning to be held in the Selectmen' s Room, to discuss the subject informally. He said that Waltham has finally acted and signed a contract . Mr. Stevens reported that he has talked to Mr Murphy, re the Ca Aldo land, and he is waiting particu- larly on the question as to whether or not the Town should take it subject tothe rights reserved by the railroad or if the Town should take the entire parcel excluding the rights of the railroad Parking area The Chairman said that in the meantime Mr Carroll has to be drawing up some plan so the Board will know what it has, what it wants and what it is aiming for. She said she thought Mr Carroll should talk to Mr. Cataldo about the plan. She stated that Mr. Cataldo has made the statement that the Town does not know what it is buying so she thought Mr. Carroll should talk to him and Mr. Carroll said that he would. Mr. Stevens retired at 7:50 P.M. Mr. Carroll reported that he has had specifications written for waterproofing the steps at Cary Building. To make certain that he would get the best results, he asked Mr. Cole , the architect, to write the specifications . 576 n GT Mr. Cole called a man from the Chapman Waterproofing Company, the best he knows of in the business , and he looked at the job, and stated that if the granite steps had to be removed, the cost of the job would be between $5,000 and $10,000. Custance Bros . had previously sub- mitted a figure of $2500 for removing the steps . How- ever, the representative from Chapman' s said it would involve moving the buttresses Mr. Carroll asked for Waterproof- another opinion, and through Mr. Greeley, contacted Mr ing steps at Newman. Both men said the same thing and both agreed Cary Build- that the job can be done so the steps and buttresses ing can be waterproofed Mr Carroll suggested, and Mr. Cole agreed, that bids be invited from both men, using both methods . The Board can then decide which method to use Both men will guarantee the work for five years Mr Carroll said they are both reputable con- cerns and he was certain they would come back if neces- sary. They both feel the buttresses should be taken out if the Board wants them out. The Chairman asked why the work could not be done the way the tunnel on Charles Street is being done, and Mr. Carroll replied that there are all kinds of cavities under the steps. The Chairman asked if Mr. Carroll had any idea of what the cost might be and he replied that Chapman' s estimate was $2200 to thyocol every joint, and Mr. Newman' s figure was between $1800 and $2,000. Upon motion duly made and seconded, it was voted to authorize Mr Carnoll to invite bids. The Chairman said she did not think the buttresses should be moved unless it was absolutely necessary. Mr. Carroll reported that the Chamber of Commerce Trees has voted unanimously against planting trees in the Center Letter was received from the Mystic Valley Gas Company for permission to install a gas main in Eldred and Grove Streets. The proposed installation was approved by Mr. Gas Main Carroll, and upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 4-inch welded steel high pressure gas main in Eldred and Grove Streets, the in- stallation to conform with Mr. Carroll ' s specifications . The Chairman read a letter from the Pine Meadows Country Club, requesting reconstruction of Cedar Street . Mr. Carroll reported that there is no layout and if the street is to be built, there will have to be a layout made first . 577 It was agreed to advise Mr. John A. Bellizia, who signed the letter, that before any action can be taken Cedar Street the street will have to be laid out, and the earliest possible date for consideration would be the next Annual Town Meeting. The Chairman read a letter fromPalladino Brothers Company, 201 Massachusetts Avenue , asking to have the curbing in front of his property moved. He had made an arrangement with Busa Brothers, who purchased some of his land, that in exchange for some gravel theywould have thecurbing moved. Mr. Carroll explained tilt Mr. Palladino wants the Curbing driveway widened, and as far as he is concerned, he thinks it is wide enough, and did nbt recommend widen- ing it It was agreed to advise Mr Palladino that any agreement he may have had with Busa Brothers does not involve the Town, and the Superintendent of Public Works is of the opinion that the driveway is sufficiently wide to accommodate vehicular traffic . The Chairman reported that the Police Department had received a letter, signed by owners of the stores located on Marrett Road, stating that the recently posted "No Traffic Parking" signs are hurting their business by creating a hardship on the parking customers . She said tte Traffic Committee would have to be reactivated and consider this subject among others . The Chairman reported that she received a call from the Christian Science Church, suggesting that Muzzey Street from Forest Street to Park Drive be either one Traffic way traffic or parking restricted to one side . She said this could be considered by the Traffic Study Committee . Application for a Yearly Dump Permit was received from Leonard Collins, Dracut. Mr. Carroll explained that Mr. Collins collects Permit for Howard Johnson' s. Upon motion duly made and seconded, it was voted to grant the permit . Applicaticn for a Yearly Dump Oermit was received from McCall Trucking Company, Arlington. Permit It was agreed to ask the applicant why a permit is desired and fromwhere the material is collected . Mr. Carroll retited at 8:20 P.M. 578 GC 1.4 The Chairman referred to the letter from the United States Department of Interior and boundary map for the Munite Man National Historical Park. She reported that Mr. Lee, Regional Director, was in Boston and she ar- ranged a meeting with him, Mr. Snow, Mr. Carroll and Mr. Nickerson. He assured the group that any change in Town Streets would have to be by agreement. They now have funds to start to acquire open land and such properties as may come on the market The Cox property will be one of the first to( be acquired. She explained that she spoke to Mr. Stevens and he talked with Mr. Irwin relative to slowing down building permits in the area of the proposed park in order to give the Park Depart- ment an opportunity to move The Chairman reported that Mr. Ernest E. J. Avallone , 26 Carville Avenue, does not-want to be considered for appointment to the Police Department at this time but would like to be considered at some future date . Chief Rycroft met with the Board at 8:30 P.M. and introduced Mr Robert C . King, 9 Banks Avenue . A detailed report was received from Lieutenant Gorr covering his investigation of the applicant. The Chairman asked if Mr. King had any disability, and he replied in the negative. The Chairman asked if his health was good, and he replied in the affirmative . The Chairman asked why he wanted tojoin the Police Department, and Mr. King replied that he liked the Town, the position is more secure than his present job, and he thought he would like the work. Mr. Cole asked if he was fairly familiar with the confines of the Town, and he replied in the affirmative . Mr. Adams inquired about his military service and he replied that he was attached to the Anti Air Craft Outfit, one of the gun crew, stationed at Fort Custer, Missouri . He received his basic training there and then moved to Detroit and went from there to Korea for one year The Chief asked when he took the Civil Service Ex- amination and Mr. King replied last October. He said that was the only Civil Service examination he ever took Mr. Adams asked if he knew what he was getting into and Mr. King replied that he was aware of the fact he would be taking a reduction in salary. He stated tint he leaves his house about seven in the morning and during the winter does not arrive home until after six. During the summer months he home between three thirty and four. Mr. King stated that his income is less in the summer. Mr. King retired at 8:47 P.M. 579 The Chief introduced Mr. Anthony J. Busa, 52 Lowell Street II A detailed report was received from Lieutenant Corr covering his investigation of the applicant The Chairman asked his reasons for wanting to go on the Police Force and Mr. Busa replied that he thought it was a good steady job, one with security. It afforded an opportunity to serve the public and that is the type of job he could appreciate . The Chairman asked about his draft status and Mr. Busa replied that he is 4-F, and was deferred bei- cause of the farm The Chairman asked if he was deferred because of any physical reasons, and he replied in the negative . Police The Chairman said his status was not 4-F if he applicant was deferred because of the farm and if he gave up farming, his draft status would change . Mr. Adams asked how soon he would be available for duty, and Mr. Busa replied as soon as the Board wanted him. Mr. Busa retired at 8 :50 P.M. The Chief reported that Mr. King could go to work in three weeks preferably, but could go in two . Upon motion duly made and seconded, it was voted to appoint Robert C . King, 9 Banks Avenue , a patrol- man on the Lexington Police Department effective June 10, 1960. Chief Ryeroft retired at 9:00 P.M Application was received from the Minute Man Cab Company for a Public Carriage License increasing the number of cabs from four to five . License Upon motion duly made and seconded, it was voted to grant the license . Application for a license to operate or drive a taxicab was received fromRichard E. Potter, 401 Bedford Street, a resident for four years, fifty-three years of age . License Upon motion duly made and seconded, it was voted to grant the license Applications for licenses to operate or drive a taxicab were received from the following individuals : Gerald P. Connor 7 Carville Avenue , age 19 Paul Anthony Buckley,Jr 139 Shade Street, age 18. William H. Spiers, 185 Lowell Street, age 18 580 Cri 11.4 Satisfactory character references were received from Chief Rycroft. Mr. Ferguson said he did not think licenses should Licenses be granted while the applicants are still attending High School. It was unanimously agreed toestablish the policy that no student while attending High School will be granted a license The Clerk was requested tofind out whether or not Mr. Connor, age 19, is still attending High School and whether or not he has taken the school Driving Training course . Upon motion duly made and seconded, it was voted to grant the following licenses, satisfactory character references having been received from the Chief of Police : George H. Phelan, 11 Stevens Road Peddler Louis Esposito, 116 Bedford Street " Letter was received from the Board of Fire Com- missioners, advising they have considered the request Firemen at for use of firemen at certain public functions of the Public Town. The Commissioners understand tht such requests functions would be limited to non profit Town sponsored activities and suggested that such requests be made to the Com- missioners so the effect on manpower needs at the time could be considered. It was agreed that no reply was necessary Call Letter was received from the Board of Fire Com- Fireman missioners, advising that Edward W. Gourdeau, 32I Concord Turnpike, has been appointed to the Call Force . Letter was received from the Central Middlesex Multiple Listing Service, calling the Boardts attention Sign nations to sign violations . It wa a agreed to send a copy to Mr.Irwin and ask him to have the old car mentioned in the letter removed from Town property. The Chairman read a letter from the Board of Assessors 1960 Tax advising that the 1960 tax rate has been established at !ate $6$.00 per $1,000 and approved by Commissioner Wilson. Letter was received from the Board of Retirement, Boa-d of relative to the election of a member of the System. Retirement Mr. Silva, the present member ' s term, will expire July 1, 1960 It was agreed to ask Mr Palrne r, Secretary, to fol- low theprocedure of the last election 581 Upon motinn duly made and seconded, it was voted to sign a Certificate of Incorporation application on behalf of John P. Meehan and Robert Cave, satisfactory Cert. of character references having been received from Chief Inc . Rycroft. Letter was received from Robert Bentley, 39 Asbury Street, offering $800 for tax title land, Block 31, on Avon Street . Upon motion duly made and seconded, it was voted to advise Mr. Bentley that the Board is of the opinion Tax title that it is in thebest interest of the Town to retain ownership of this particular parcel of land Letter was received from Catherine A. Womersley, 172 Oakley Road, Belmont, offering $500 for tax title lot 11 and part of 10 on Sylvia Street . Tax title Upon motion duly made and seconded, it was voted to advise Mrs . Womersley that the Board will not con- sider a price as lbw as $500 for lots in Lexington. Letter was received from the Memorial Day Com- mittee, inviting a member of the Board to participate Memorial Day in the observance of Memorial Day, May 30, 1960. Mr. Cole agreed to represent the Board Upon motion duly made and seconded, it was voted to re-appoint Dr. William L. Cosgrove to the Board of Appointment Health for a three-year term expiring June 1, 1963 Upon motion duly made and seconded, it was voted to sign Orders for installation of sewers in the fol- lowing streets Hancock Street, from Coolidge Avenue a distance of 1315' , more or less, southerly to Adams Street Sewer Orders Lowell Street, from Maple Street , 335' , more or less, northwesterly Middle Street, from end of existing sewer 1300 ' , more or less, westerly to Weston Street Middleby Road, from Lincoln Street a distance of 1073' , more or less, southeasterly Vaille Avenue, from Reed Street easterly 385 feet, more or less, to Bedford Street Vaille Avenue , from Reed Street west 881 ' , more or less, to end Wilson Road, from Roosevelt Roaa 687 ' , more or less, so.zthwesterly to Marrett Road Winthrop Road, from existing Sewer 5201 , more or less, westerly 582 ota Wood Street from Alpine Street 405' , more or less, southerly *(Pelham Road from end f existing 12 inch main 230' southwesterly ) Water order Barrymeade Drive from Lincoln Street 734 feet north- west to end Bowker Street from end of existing sewer 285 feet, more or less, southwest Grant Street from Trunk Sewer 1074 feet, more or less, southerly. Upon motion duly made and seconded, it was voted to Water Order sign an order for the installation of a water main in Pelham Road, from end of existing 12 inch main 230' southwesterly. The Planning Board met with the Selectmen at 10:00 P.M. and discussed the proposed relocation of Route 128 on which the State will hold a hearing tomorrow, and retired at 10:30 P.M. , at which time the meeting ad- journed. A true record, Attest: axe tiv Cler , Select =f Copies of Sewer Orders and W=ter Order given to Mr. John J. Carroll, Superintendent of P„blit Works, and may be found in the Selectmen's Files, Sewer and Water Orders, 1960. hr �.r dot) SELEC TMEN'S MEETING May 23, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 23, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson and Richards were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- sent . Mr. Cole arrived at 7:40 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 16, 1960 Mr. Stevens explained that he had an option for the Board to exercise to acquire a parcel of land from Option Mr. Mark Moore which will provide for the extension of Emerson Road. Mr. Moore has not yet taken title but expects to pass papers early in June . Upon motion duly made and seconded, it was voted to exercise the option to acquire a parcel of land from Mr. Mark Moore . Mr. Stevens referred to the option to acquire a parcel of land situated on Grove Street and owned by Mr. Irwin. He explained that the option was prepared April 11 and papers were to be passed within forty-five days after that . This property is land courted and the plan has not been prepared by Mr. Nylander but Ext.of Time should be ready within a few days Upon motion duly made and seconded, it was voted to sign an instrument extending the time for passing papers to July 1, 1960 Mr. Stevens referred to land to be acquired from the Towers Trust and located on Follen Hill . He re- ported that the Land Court is requiring a plan, and Mr. Ext .of Time Carroll has made arrangements with Mr. Brooks, who has done work for the Towers, to do the surveying. He said it is necessary to have the plan and know where the boundaries are and additional time is required. Upon motion duly made and seconded, it was voted to sign an instrument extending the time for passing papers to August 1, 1960. Mr. Stevens presented Engineering Contract 1960-1 for street construction and contract 1960-2 for sewer construction. 5S4 0.4 GO 010 Mr. Carroll explained that the street contract is straight forward The sewer contract provides for Street and a lump sum deduction of $4,000 which represents the Sewer Eng. amount of work done by the Town Engineering Depart- Contracts ment The engineers ' time was charged out at Whitman & Howard' s rate and the figure arrived at by mutual agreement Upon motion duly made and seconded, it was voted to sign contract No 1960-1 for Street Construction Engineering Services and Contract No. 1960-2 for Sewer Construction Engineering Services with Whitman & Howard, Inc . Mr. Stevens reported on an accident, involving a Town truck, that happened May 9, 1960 on Spring Street The truck was being used in connection with installation of a sewer service and was parked along the side of Claim Spring Street. After about half an hour, the truck commenced to roll and hit a parked car and then struck a tree on a man' s lawn. The car is owned by Mabel E. Maloney and the estimated damage is $101.00. The amount has been checked by Mr Carroll and is , in his opinion, a reasonable estimate . Upon motion duly made and seconded, it was voted to authorize settlement of the claim in the amount of $101.00. Mr. Carroll reported that in connection with this, there is the further problem of what to do about the tree owned by Mr. Appleyard, 98 Spring Street . The truck damaged the bark of the tree quite severely. He said a piece of the tree bark should be cut out about a foot wide and up approximately three feet, painted with shellac and tar covered. Mr. Appleyard is not satisfied with just repairing the tree , but wants to make sure it will live . He has checked with two or three tree companies who have told him that they think the damage can be repaled However, none of them will guarantee that it will live and the Town Tree Warden will not guarantee it either. Mr. Appleyard obtained a price from a tree company of $20 to replace the fifteen inch white oak tree with a six inch tree In checking with Frost & Higgins today, Mr. Carroll was quoted a price of between $275 and 4300. Mr. Carroll suggested to Mr . Appleyard that the Town repair the tree and in return for a release of damages signed by him, the Town would agree that if in the next two years the tree died, it would be replaced with a sum of money. The amount informally agreed upon was $250.00. However, Mr Appleyard wants something for the loss of the aesthetic value of the tree and suggested 650. 58 Mr. Carroll reported thatthe foreman did not put the truck in gear, and it wa,_ standing for about twenty minutes, then started to roll. In checking, the spring in the emergency brake was found to be broken, but when the truck was inspected for a sticker, the brake was found to be all right . Mr Appleyard said the brake was defective, but the Town mechanic disagreed. Mr. Carroll said he would prefer to pay $250 rather than plant a tree . Mr. Stevens explained that the best solution would be to have Mr. Mazerall or a tree expert do what he thinks necessary to repair the tree . He advised that the owner has two years in which to bring a claim for damage . Mr. Carroll reported that Mr. Mazerall said that something should be done to the tree immediately. The Chairman suggested that the tree be repaired, and if it lives , do nothing further. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to offer to repair the tree Mr. James E. Day, 36 Vaille Avenue , met with the Board, relative to lots 3A and LA located on Grant Street, adjoining the Boy Scout property. He stated that he does not own these lots. He is a real estate agent and the owner has offered them to him at a Grant Street price . However, due to the topography of the land lots and the relocation of Grant Street, he cannot do any- thing with them The lots have no street frontage , and Mr. Irwin, Building Inspector, informed him that he cannot issue a building permit until the necessary street frontage is acquired Mr. Stevens asked if Mr. Day had checked the title to the lots, and he replied in the negative Mr. Stevens said he thought the Boy Scouts ' land is bounded by the sideline of the street, and all the Town had was a little piece in between. He said he thought Mr Taylor looked this up for the Boy Scouts . Mr. Stevens explained that this is a situation where someone must do some title work and it is not an encumberment to the Town to do it . Mr. Day stated that as it stands now, there is no value to the property and he would like some as- surance from the Town as to who owns this land. Mr. Stevens explained that he would have to obtain his information from the Registry. The Chairman said that Mr Day needed to have the title searched on the property, and he said he thought he would discuss the subject further with Mn Taylor Mr. Day retired at 8 07 P M. 586 - no The Chairman read a letter from Mr. Irwin, Building Inspector, advising tha he has received an application for a permit to build an addition to a dwelling at 763 Building Marrett Road which is within the Minute Man National permits - Historical Park area He has ten days in which to Park area act on the application, but the Selectmen have the power to grant an extension of time beyond the ten days . Mr. Stevens reported that Mr. Snow has been work- ing with the Park group and someone should set up a procedure so that when an application for a building permit comes in, the Board will be notified and some- one at the Commission level will be notified in order to give it an opportunity to step in and acquire the land . Upon motion duly made and seconded, it was voted to extend the time within which Mr Irwin has to act upon the application for fourteen days, and to apprize the Commission of the situation and see what the answer is . Upon motion duly made and seconded, it was voted to go into executive session for the purpose of discus- sing, deliberating or voting on a matter which, if made public , might adversely affect the public security, the financial interest of the Town, or the reputation of any 11person . The Board discussed the subject of acquisition, for the purpose of establishing an off-street parking area, of a parcel of land situated on Mariam Street and abut- ting the Boston & Maim Railroad, shown as Parcel #3 on a plan entitled "Land in Lexington, Mass . Boston & Maine Railroad to Anthony R. Cataldo" . Upon motion duly made and seconded, it was voted to resume the open meeting. Mr. Stevens retired at 8:40 P.M. Messrs Michelson, Baker, Belcastro and Oppenheim, representatives from the Lexington Chamber of Commerce , met with the Board. Mr. Belcastro explained that they had requested an appointment to discuss the parking meter problem in the Center and the installation of meters in the municipal parking areas . They asked the Board to defer action on the installation until they could obtain a full report from the Chamber of Commerce and meet with the Board of Directors . He stated that the plea was based on the fact of the new shopping center in Bedford 587 which will open May 25 and will affect business in Lex- ington Center. Mr. Michelson said he believed the meters should be left on the streets, but in order to safeguard the Town' s own future, they should not be installed in the parking areas . He said the fines on all day parking would offset the cost of the parking meters. The Chairman explained that the Chief of Police has maintained that it is difficult to enforce parking re- strictions when there are no meters to enforce them by. Parking Mr. Michelson said that if thethird parking area Meters was free and the others restricted, it might be a ab- lution. He said the merchants have all abused the parking, including himself, but asked where they were to go The Chairman replied that there is available space in the rear of the Town Office buildings . Mr. Michelson said that if a merchant has to use a car for delivery, it should be nearer to his business . He said he would like the Chamber of Commerce members not to violate the parking and leave the places for customers, hoping the meters will not be installed. The Chairman explained that the reason the meters came up was to have a healthy business center, and it seemed that with parking meters, people would be able to find a place to park. Mr. Adams asked if this wai not a question of giv- ing the subject further study and finding out more in- formation from other towns . Mr. Michelson said that if there is any way to en- force the parking after the new lot is in without in- stalling meters, he thought it would be to everyone ' s advantage He said the Chamber has a meeting scheduled for June 8 if the Board could give some facts. The Chairman said that no order has been placed for the parking meters but the Board is fairly well along in the discussion. She stated that if the Board has any conclusion the group would be advised, but the Board is not prepared to make any definite statement at this time . She explained that the Board is trying to do what is for thebest of the community . Mr. Michelson reported that the Chamber of Com- merce does not want trees planted in the Center and a letter to that effect will be sent to the Board. The group retired at 9:05 P.M. It was agreed to advise the group that it is not the intention of the Board to take any action regard- ing installation of parking meters in the municipal 588 n 1.4 parking areas immediately. Mr. Carroll reported that he had received a letter from Whitman & Howard advising that they had checked on the street contract bids opened May 16, and recommending Street that the contract be awarded to the low bidder. Contract Upon motion duly made and seconded, it was voted to award the contract for Street Work and Drains to the low bidder, George Brox, for $109,437 .95 Mr. Carroll reported on bids for a 5 gang hydraulic mower. He explained that the request in the budget was for a seven gang, but Mr Mazerall has decided on a 5 gang. He stated that Sawtelle Company bid $4,847.50 and Clapper Co. bid $5,150, less 2%, net 30 days Upon motion duly made and seconded, it was voted to accept the low bid of $4,8L7.50 submitted by Sawtelle Company Mr. Carroll reported on a drainage problem on Ames Avenue and explained the situation by use of a plan. Upon motion duly made and seconded, it was voted that in return for drainage and sewer easements 72 feet wide , the Town would give Mr. Antonelli, the builder, the pipe to run the drain, under Mr. Carroll' s supervision . It was further voted to authorize Mr. Carroll to obtain an option from Mr. Sullivan to purchase Lot 46+ for $100.00. Mr. Carroll referred to betterments assessed upon the Monahan land and explained that the original estimated sewer betterments put on record were $3,199.66 on Haskell Street, $747 .59 on the opposite side of Haskell Street Monahan and $1,061.81 on Lowell Street, totaling $5,009.06. betterments Upon motion duly made and seconded, it was voted to take the following action: Lowell Street Sewer Betterment Acct. #5342 $1061.81 1. To be deferred, Chapter 159, Acts of 1950 730.00 2. Balance due 331.81 $1061.b1 Haskell Street Sewer Betterment Actt . #5327 $ 747 .59 1. To be abated 281.72 2. Balance due +� 7 7. 9 I 589 Haskell Street Sewer Betterment Acct #5332 $3199.66 1. To be deferred 2242.75 2. To be abated 514.48 3. Balance due 442.0 f3l99.66 Mr . Cole brought up the subject of street lights for school driveways and it was agreed klauthorise the Boston Edison Company to proceed with the instal- Street lation of the lights on poles at the William Diamond lights Junior High School Mr. Adams brought up the subject of the dump per- mits and asked why the Board could not issue a 54 permit for trucks going into thedunpwhen non-commercial The Chairman asked if he meant to amend the regu- lations . Mr. Carroll raised the questioh of returning money Dump permits already paid for approximately 86 permits Mr. Richards suggested that definite written re- commendations for a change of theregulations be brought in at the next meeting in an effort to eliminate discus- sing the subject every week. Mr. Carroll retired at 9 50 P.M. Letter was received from Mr. Stevens re Lot 11, Holton Road, advising that acquisition of the lot has been completed and ttE deed recorded May 20 as instrument No. 135. He suggested that, since the land was acquired Lot 11 for playground and recreational purposes, the Board Holton Road might want to advise the Recreation Committee of the ac- quistion Letter was received from the Mystic Valley Gas Company for permission to install a gas main in Eldred Street The proposed location was approved by Mr Carroll. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company Gas Main to install a 4-inch welded steel high pressure gas main in Eldred Street providing the installation con- forms with Mr C arroll (s specifications . The Chairman reported that Mr. Proctor, a teacher, has a group of children interested in becoming guides Guides and have taken tests She said there is a question as to how many guides the Town should have and some definite policy should be established 590 0.4 It was agreed to invite Mr Garrity to meet with the Board next week to discuss the subject The Chairman read a letter from the Mingtte Man Highlands Association concerning traffic conditions in the Minute Man Highlands area . The Chairman said that possibly, in view of the Traffic fact Concord Avenue is not going to be completed for two years, it should be sp®ed zoned now. It was agreed to ask Chief Rycroft what he can do about speed zoning the avenue . The Chairman read a letter from Mr. Irwin advising that he would like to take his vacation a day a week Vacation throughout the summer months starting Friday, June 17. This arrangement was followed last year and ap- parently successfully. The Board had no objection. Letter was received from Mr. Burrell, Director of Civil Defense , submitting the name of Dr. Eric T Appointment Clarke for appointment to position of Radiac Officer. Upon motion dui made and seconded, it was voted to appoint Dr. Eric T. Clarke , 29 Moon Hill Road, a Radiac Officer for the Town. The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to new homes signs and directional signs about which the Central Middlesex Multiple Service complained. Enforcement It was agreed to invite Mr. Irwin to meet with the of Sign By- Board on June 6, and in the meantime , to find out from Laws Town Counsel who has the authority to remove illegal signs; also to obtain ideas on the subject from the Planning Board and Board of Appeals Letter was received from the Lexington Coal Com- pany requesting the appointment of Miss Jacqueline G. Busa, an employee , as a Public Weigher Appointment Upon motion duly made and seconded, it was voted to appoint Miss Jacqueline G. Busa a Public Weigher in the Town of Lexington for a term expiring March 31, 1961 . Letter was received from Mr. Nickerson asking the Board to appoint a fifth Associate Member as soon as possible . Upon motion duly made and seconded, it was voted Appointment to appoint Mr. Ralph H. Tucker an Associate Member of the Board of Appeals for a term expiring March 21, 1961, subject to his acceptance ci Following a discussion of the subject, upon motion duly made and seconded, it wa- voted to re-appoint Mr. George C . Sheldon, Forest Warden, subject to the ap- Appointment proval of the Director of Forestry, for a term expiring June , 1961. Upon motion duly made and seconded, it was voted to appoint Mr. Martin a Gilman a member of the Town Appointment Celebrations Committee for a three-year term expiring April 30, 1963 . Application for a Yearly Dump Permit was received from Franklin E. Farrar, 18 Wyman Street, Arlington, who works for the Davy Tree Experts . Dump Permit Upon motion duly made and seconded, it was voted to issue a Yearly Dump Permit to Franklin E. Farrar. Application was received from Richard Whipple, 1 Upland Road, fcr a license to operate or drive a taxi for the purpose of conveying persons for hire in the Town of Lexington. Taxi License Chief Rycroft did not approve granting a license because the applicant is only seventeen years of age . Upon motion duly made and seconded, it was voted not to grant a license . Application was received from Robert R Keeney, 151 Charlton Street, Arlington, for a license to op- erate or drive a taxi for thepurpose of conveying Taxi License persons for hire in the Town of Lexington. Report was received from the Chief of Police with a recommendation that the application be denied. Upon motion duly made and seconded, it was voted not to grant a license . Upon motion duly made and seconded, it was voted to grant licenses to operate or drive taxis for the purpose of conveying persons for hire in the Town of Lexington to the following individuals, satisfactory character references having been submitted by the Chief of Police : Taxi License Samuel L. Fardy David G. Warren David B Whipple Angus W. McIver William Belcher Douglas E. Hogan Calvin K. Stokes Raymond E Dalrymple Mark C Aldreich Caywood Greening, Jr. Harold Sukeforth Charles A. Urbon James A. Wessell John B. Clyde 592 eD GC otO Upon motion duly made and seconded, it was voted to sign an Order for bhe installation of a water main Water Order in Laconia Street from Ridge Road 78A' , more or less, northeast to Lowell Street The original and one copy was submitted to Mr John J. Carroll . A copy of the Order is on file in the Selectmen' s Office under Water Orders, 1960 . Upon motion duly made and seconded, it was voted to sign an Order for the installation of a sewer main in Grove Street from 130' north of Eldred Street 600 ' , fewer Order more or less, southeasterly to thesouth side of Lot 7 The original and one copy was submitted to Mr. John J. Carroll. A copy of the Order is on file in the Select- men' s Office under Sewer Orders, 1960. Upon motion duly made and seconded, it was voted Selectmen' s to meet on Wednesday, June 1, 1960, The meeting will Meeting be held in the Town Accountant ' s Office due to the fact that the Historic Districts Commission has engaged the Selectmen' s Room for that evening The meeting adjourned at 10:50 P.M. A true record, Attest : , ec. tiv Jerk Selectin rt ,? 1 592 SELECTMEN'S MEETING June 1, 1960 A regular meeting of the Board of Selectmen was held in the Town Accountant ' s Office on Wednesday, June 1, 1960, at 7:30 P.M. Chairman Morey, Messrs Adams, Ferguson, Richards and Cole were present . Mr Carroll, Superintendent of Public Works, and the Execu- tive Clerk were alsop resent . Mr William G. Potter met with the Board and explained that he had requested an appointment to report dumping on the side of the road. He stated that he was not registering a complaint but merely calling the matter to the Board' s attention. He said the location involved was State land adjacent Roadside to his farm, the properties being divided by a stone- Dumping wall. Approximately twelve or fourteen cartons of bottles, tin cans, newspapers and magazines were dumped. He noticed the rubbish Sunday morning, and from the tire marks, it appeared that a truck was used. All the covers of the magazines or the corners where the name and address would have been, were missing. However, one magazine , the May 21 issue of theSaturday Evening Post, was found with the name of Gloria M. Ferro, 365 Marrett Road. Some of the boxes came from stores and these , too, had the name torn off Mr. Adams suggested referring the subject to the Police Department Mr Potter explained that the rubbish was dumped on the left-hand side of Walnut Street, going up from Concord Avenue towards Trapelo Road. Mr. Potter retired at 7:45 P.M. It was agreed to refer the matter to the Police Department . Mr. Carroll referred to Worthen Road from Wal- tham Street into Baskin Road, and reported that a permit had been issued to the owner of thehouse on Bldg.Permit the corner of Waltham Street and Worthen Road to Worthen Rd. build a garage , to be located in the back of the house The owner intends to put a driveway out on Worthen Road. Mr Snow called the matter to Mr. Irwin' s attention and Mr Irwin called Mr. Carroll Mr. Carroll reported that Worthen Road is merely a blacktop pavement thirty feet wide on a lot the Town owns and through some school land. He explained that no layout of Worthen Road has ever been made . He said Mr. Snow is concerned and feels that if a driveway goes 594 1.4 out to the road on one side , the Board will be more or less committed to not limiting access to the road Mr. Carroll said that personally he thought the man should be allowed to proceed, in view of the fact the permit was issued to build He explained that the Building Inspector did not know about it and as- sumed that the road had been laid out . He stated that the garage is practically built . Vr. Carroll said that he has been asked about a two foot strip that was supposedly reserved by the Town. Mr. Stevens explained that the thought was, as he recalled, that if houses were going to be alloyed to have access, by acquiring Town land they would be charged an amount which would be equal to a better- ment. Mr. Richards reported that the individual who owns the property is in the Air Force and has lived here less than a year, and did what any ordinary person would do, not knowing that there was a strip reserved in the area. He said in this instance, he did not see how the Board could do much but let the man go ahead with the garage . Mr. Ferguson said he would be in favor of letting the man put his driveway in, but in doing so, he would be subject to payment at a later date Mr. Stevens said it could be explained to him that no objection will be made and when the road is laid out, he will have to pay a charge It was agreed that when Worthen Road is laid out, the Board will expect to seek authority to convey the land between this individuals land and the Town land and he will be expected to pay in lieu of betterments what would have been charged if betterments were assessed. Upon motion duly made and seccnded, it was voted to sign a contract between the Town of Lexington and Contract George Brox for street construction, including drains , at an estimated amount of $109,309.00. Mr. Stevens reported thA he received the grant and release from Daniel J. Fink. He presented an Fink agreement "Assumption of Sewer Connection Charge" to Agreement be signed by the Board and given to Mr. Fink, owner of lot 17, Peacock Farm Road. Upon motion culy made and seconded, it was voted to execute the agreement assuming the sewer connection charge of $753 .78 in lieu of betterments for connecting the dwelling on lot 17 to the sewer 1 Em r 595 po �.� t=" Mr. Stevens referred to a damage settlement ap- proved by the Board, rich was referred to him by the Fire Commissioners On May 1, the rescue truck made a turn on property of Woodhaven Country Store and hit the awning . The owner has accepted $92 to re- Claim store the awning Upon motion duly made and seconded, it was voted to settle the claim of Woodhaven Country Store, for damage to property of same on May 1, 1960, for $92.00. Mr. Stevens reported on the conference held with Mr. Anthony Cataldo at which time the Chairman of the Board and Superintendent of Public Works were present . Parking area Following a discussion of the subject of the ac- quisition of a parcel of land situated on Meriam Street abutting the Boston & Maine Railroad for the es- tablishment of an off-street parking area, it was agreed to consider the subject further next Monday evening. Mr . Carroll presented copies of a Water Rate Study submitted by Whitman & Howard, between the Hanscom Air Force Base and the Town Water Study Inasmuch as Mr Stevens and Mr. Carroll are both satisfied with the study, it was agreed by the Board to accept it as presented. Messrs Stevens and Carroll retired at 9:15 P.M. Mr. John J. Garrity met with theBoard to dis- cuss the subject of Guides He said he understood there were twelve or fourteen applicants who had been schooled by Mr Proctor, a teacher at the William Diamond Junior High School He advised Mr. Proctor to hold up on the applications as he was not certain the Board wanted that number of guides . The Chairman reported that she had talked with Mr. Proctor today and he has recommendations which he sent to Mr. Garrity. Mr. Garrity left a cops of the recommendations for the Board. Mr. Garrity said that if the Board grants licenses to girls, they should be restricted tothe Commthn as a safety measure He also su gested that the Chamber of Commerce be contacted on the subject of guides and that whoever has charge of the Information Booth should hlso be in charge of the guides . Mr. Richards said he thought the Board should Guides restrict the licenses to boys, establish the age of fourteen years , or those who will be fourteen during the summer and allow the group to take the test. He agreed that it should be revised and offered to work 596VC 'rJ i with Mr Garrity in revising the examination. It was agreed to write the Chamber of Commerce and ask that a representative of the organization dismiss the sub, et with the Board. Mr. Ferguson said he did not think the Town is justified in spending too much money on this and the guides should organize themselves and have a schedule of time they are supposed to be available and a book for them to sign into. If a guide is consistently not signed in, the Board can revoke the license . It was agreed to give the test to the eleven boys and not to have any girl guides Mr Garrity retired at 9:40 P.M. Upon motion duly made and seconded, it was voted Minutes to approve the records ofthe Selectmen ' s Meeting held on May 23, 1960 Upon motion duly made and seconded, it was voted to approve the following j/o pole locations, same having been approved by Mr. Carroll: Spring Street, southeasterly side, south- Pole lo- westerly from a point approximately cation 1,125 feet southwest of Cambridge- Concord Highway, -- Six poles . The following individuals met with the Board to discuss the Yearly Dump Permits : Messrs . Edwin R. Banks, Robert C ustance, Donald Andrews, Freeman Nourse , Arthur Field and Trembley. Mr. Banks asked why trucks with A B, or C plates are not allowed in the dump without a $25.00 permit or the $2.00 a day permit He said he did net think it was right and that the rubbish will pile up behind houses and filling stations, which is already being done . He said he refuses to .use his Station Wagon for a rubbish truck, does not haul anyone ' s rubbish but his own and cannot understand why he should pay $25.00 Dump Permits He said no permits are issued on Saturdays or Sundays so he has to take time off on Fridays He suggested revising the regulations, not for the disposal col- lectors, but for the taxpayers of the Town The Chairman explained that one of the subjects to be discussed this evening was the dump, but because another important item came up, the Board has not had time She asked if Mr. Banks had any recommendation Mr. Banksssaid that, in his opinion, eqach truck owner should be issued a free permit, andhey dump 597 111 rubbish from out of town, a fine of $25.00 should be imposed. He saidthe $25.00 permit for disposal com- panies was fair, but there are taxpayers like himself who will not pay it . Mr. Cole asked if he would object to a nominal charge, and Mr. Banks replied in the affirmative . Mr. Andrews asked why there was discrimination against the truck owners, and Mr. Adams replied that most of the abuse was coming from truck drivers Mr. Ferguson explained that the dump is filling up very rapidly, and if it fills up, the Town will have to spend more money. The problem is to prolong the life of that dump and the longer it is, the less expensive it will be for the taxpayers of Lexington. He informed the group that the Board made a study of the dump, and the report was that it was the trucks causing the problem and not the pleasure cars . The easiest way to enforce it is to charge commercial plates . Mr. Banks said that there is a difference between personal rubbish from homes, and other items . He said if he has another load of rubbish to take to the dump, he is going to take it and the attendant can take his number again. Mr. Richards explained that it costs $28,000.00 a year to operate the dump and the amount Of revenue gained from any permit is nominal, and permits are issued only for the purpose of control and not as a money-making proposition. He explained that it is not the intention of the Boa-d to be unfair or to penalize Mr. Banks or anyone else He said the in- tention is to regulate the dump and eliminate the abuses that have grown over the years He stated that Lexington has been operating one of the few free dumps in the area. He explained that an effort is being made to prevent disposal companies from going outside of Lexington and arriving at the dump with their loads. The problem of examining the loads of rubbish is very difficult, and the Board is looking for an equitable solution He stated that the Board has not singled the truck drivers out. Mr. Adams said he understood Mr. Banks felt that the average householder should have use of the dump free . However, there are two other classes; one of the men collecting rubbish for a living. They are making money out of the facilities the Town furnishes . There is another class, businesses who use the dump occasion- ally. He said the businesses use the dump more than the householders . 1 L 598 1 Mr Custance said personal rubbish and rubbish picked up in Lexington should be permitted to dump free Mr. Nourse said that if a truck owner is going to be charged, everyone should be charged The Chairman explained that the Board had intended to discuss the subject this evening, but it seemed to be discussing it by listening to the group present Now, because of the time , it cannot be considered this evening Mr. Banks said that he did not intend to obtain a $25.00 permit, but if he did have a load of rubbish, he would take it to the dump. The group retired at 10 40 P.M. Letter was received from Mrs . Margaret F. Rees, relative to another outlet from the Bird Hill Road Bird Hill Rd. section, and it was agreed to refer the subject to the Planning Board. Letter was received from Mr. Haskell C . Freedman, attorney, commending Lieutenant Corr for the manner Lt.Corr in which he handled a serious matter involving a minor child at a hearing in the Concord court. Letter was received from Mrs . Gardner C . Ferguson, Secretary of the Lexington Chapter American Red Cross, advising the Board of the program planned for the Chapter 's Annual Meeting on June 8, to be held at theChurch of Our Redeemer Parish House . The Chairman read a letter from Mr. James J. Carroll, Borrowing advising that it will be necessary to borrow $750,000.00 in anticipation of revenue , and that the Merchants National Bank of Boston has offered a rate of 1.96% on the issue . Upon motion duly made and seconded, it was voted to approve the bid submitted by the Merchants National Bank of Boston. The Chairman reported that the real estate bills are not going to be sent out until the fall, the excise Real estate tax bills to go out first. tax bills It was agreed to advise theBoard of Assessors that the Selectmen would like them to send tha real estate tax bilis out as quickly as possible, so that the revenue will be coming in and the borrowing reduced 0 Letter from Robert J. Hannon, 19 Tyler Roitd,* rola- ' Excise tive to the validity of bills presented to him for I bills automobile excise taxes, was noted and placed on file I 599 Letter was received from Blue Cross-Blue Shield, relative to Chapter 214 of the Acts of 1960, which amends Chapter 32B in respect to students . This changes the definition of Dependents to include unmarried Blue Cross- children 19 or over who are full-time students . Blue Shield It was suggested that a copy of the communication be sent to the Town Clerk in whose office theBlue Cross- Blue Shield coverage is handled Certificate of Incorporation was received from the Secretary of State on behalf of Robert A. Dallas, 61 Ledgelawn Road, and others not residents of Lex- Cert . of Inc, ington, for the purpose of forming The School of Insurance , Incorporated Satisfactory character reference was received from the Chief of Police . Upon motion duly made and seconded, it was voted to sign the application and return it to the Secrea4py of State Applicatic,n for the use of Cary Hall for the pur- pose of holding a Senior Class Graduation Party was received from Jarrett C . Higgins, 12 Outlook Drive The party is scheduled for June 8 from 10 00 P.M. until 3:00 A.M. Mr. Warren, principal of the Senior High School, informed th Clerk that a small portion of the class is getting together for something to do after the graduation exercises . He inquired to find out whether or not there were parents sponsoring it, but the reply he received was not too definite . Use of Hall It was agreed to advise Miss Higgins that the Board will not rent the hall to a minor and suggest that some responsible citizen file an application, and further, that the use of the hall would be granted until 1:00 A.M. only Application for a Yearly Dump Permit, received from the fresh Pond Market, 360 Huron Avenue , Cambridge , Permit was denied. Application for a license to operate a taxicab, received from Robert R. Muller, 2L Ewell Avenue , a License police officer, was denied. Upon motion duly made and seconded, it war voted to renew the following licenses : Licenses Eric W. Handley, 1881 Mass . Avenue Guide Theron H. Gough 451 Concord Avenue Peddler I 600 Written recommendations for changes in the Dump Regulations were held over until the next meeting of 111 the Board . The meeting adjourned at 11 20 P.M. A true record, Attest: Jb { xec 'tiv ale , Sele c /en 111 I L 1 SELECTMEN'S MEETING June 6, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Mcnday, June 6, 1960, at 7 30 P.M Chairman Morey, Messrs Adams, Ferguson, Richards and Cole were pre- sent Mr. Stevens, Town Counsel, Mr . Carroll, Super- intendent of Public Works, and the Executive Clerk were also present Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on June 1, 1960 The Chairman reported that the Theatre Guild, of the Lexington Arts and Crafts Society, is planning a play in the fall and presently attempting to raise Theatre money by the sale of items made by members of the Guild organization The activity is planned for noon on July 4, The Board had no objection Mr. Stevens reported that he had prepared an 11/ agreement covering payment of the purchase price Agreement of the land theTown is acquiring from Mark Moore , Mark Moore Article 45 in the Warrant for the Annual Town Meet- ing, land through which Emerson Road will be ex- tended. Upon motion duly made and seconded, it was voted to sign the agreement as prepared by Mr . Stevens The Chairman read a letter from the County Com- missioners to which was attached dopy of order dated May 27, 1960 for the discontinuance of the crossing Valley Roa' of Valley Road, over the tracks of the Boston & Maine crossing & Railroad; and for authority to lay out Valley Road footway as a footway over the tracks of the railroad. Mr. Stevens explained the communication is a matter of information, the orders have to be filed with the Department of Public Utilities, and that no further action by the Board is necessary The Board considered a letter from the General Attorney of the Boston & Maine Railroad, dated June 1, 1960, stating that the Railroad has recently been handling its freight traffic for Lexington customers at a siding in the vicinity of theformer North Lex- ington station and, as it appeared that this change lz orz �Mld in operations might be construed to involve a "relocation of a freight depot" under General Laws Chapter 160, Section Pelccation 129, requesting approval of such relocation by the Board. of freight Upon consideration thereof and on motion duly made and depot seconded, it was unanimously VOTED: To approve the relo- cation of the freight depot of the Boston & Maine Railroad from the Lexington Station to the siding in the vicinity of the former North Lexington station. Vacation & Mr Carroll presented each member of the Board with Sick Leave a copy of a Proposed Vacation & Sick Leave Policy for Policy Town Employees . Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating or voting on a matter which, if made public , might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Upon motion duly made and seconded, it was voted to resume the open meeting. Mr. Stevens retired at 9:13 P.M. Mr Robert Kent, Mr. David Shoemaker, 50 Peacock Farm Road and Mrs . S. E. Luria, 48 Peacock Farm Road, met tith the Board . Mr . Kent explained that he was representing Mrs Luria and Mr Shoemaker who are members of the Lexing- ton Committee of the Emergency Public Integration Com- mittee . One of the purposes of the committee is the distribution of leaflets and carrying of signs during business hours in front of the various Woolworth stores . The purpose is to call attention to and protest the 'Icketing policy of Woolworth' s in the south On Saturday, last, the members of this corruuittee in Lexington decided to carry cards and distribute leaflets on Massachusetts Avenue and told the manager of Woolworth ' s what they were going to do. They thought they would inform the police and had a conversation with the man on the desk He told them they could carry no signs or distribute leaflets without thepermission of the Board of Select- men, and pointed to the provisions of the Town By-Laws to this effect. Now they have one of three courses to follow. They could desist from picketing; they could proceed and defend the ensuing prosecution on the ground that the By-Law was unconstitutional or come before this Board and seek permission to distribute leaflets and I 3 carry signs along Massachusetts Avenue in the vicinity of Woolworth' s . He said the third course is the most desirable for neither he nor his clients have any desire to vindicate the right of free speech in Lexington. Mr Fermuson asked who the members of the Committee were , and Mr Shoemaker replied that as of now they are the only two. Mr. Ferruson asked if they would be the only in- dividuals carrying cards, and Mr Shoemaker replied in the negative He said they hoped to recruit interested people and have them help. Mr Cole asked if they had a committee, and Mr Shoemaker replied that this is a subcommittee of Bpid The Chairman asked how long they expected to con- tinue and Mr. Shoemaker replied that they would like to continue throughout the summer or until such time as they are unable to continue because of going away, and the activity itself may become less fruitful as the summer goes on. The Chairman asked if they would be picketing the new Woolworth' s in Bedford, and Mrs Luria replied that Epic had people out there last Saturday Mr. Richards stated that he supposed the purpose of the By-Law was to prevent litter on the street, and asked what their experience had been Mrs . Luria replied that she hau only been in such a line twice in her life She said she was in Concord for two hours and there was only one person who threw the leaflets away and the people in the line picked them up. She said people take them home and discuss them with their families and that is what the committee wants . Mr Richards said the Board wouldn't want a large mount of litter created that could not be cleaned up for Sunday Mr. Shoemaker replied tla t they would consider it to be in their own interest tobe careful and not have any litter . Mr Richards asked if he could give the Board a time for the permit, and Mr. Shoemaker asked if they could apply for another permit. The Chairman suggested that they apply on a monthly basis . Upon motion duly made and seconded, it was voted to grant permission tothe Lexington Committee of the Emergency Public Integration Committee to distribute leaflets and to carry signs in the vicinity of Woolworth' s store on Satrudays during the months of June and July from 9:00 A.M. until 6:00 P.M. The group retired at 9:20 P.M. 4 iamb imq cin Mr Irwin, Building Inspector, met with the Board to discuss enforcement of the Zoning and Sign By-Laws enforcement Mr. Stevens came back to the meeting at 9:20 P,M, of By-Laws At the conclusion of the discussion, it was agreed that Mr. Irwin would report to the Board again in two weeks . He is also to continue reporting the monthly complaints received at his office but in a condensed form. Mr. Irwin retired at 10 30 P.M. Mr. Stevens also retired. Letters on the subject of enforcing the Zoning and Sign By-Laws were received from the Board of Appeals and the Planning Board, copies of which are to be mailed to the members of the Board. Letter was received from John T. Pollard, Jr. , 53 Munroe Road, on behalf of the Countryside Bible Sign Chapel, requesting permission to erect a small directional sign on the southwest corner of the intersect- on of Lowell and Woburn Streets The request was referred to Mr. Carroll with the suggestion thatthe sign be placed on a street sign. Letter was received from Elizabeth Scheibe , re- questing deferment of a water betterment assessment in the amount of $494.71 inasmuch as no change has Deferred been made in the status of the property on Lincoln Betterment Street, formerly owned by Emily R Scheibe , since Assessment the last deferment Upon motion duly made and seconded, it was voted, under the provisionsr,of Chapter 159 of the Acts of 1950, to again extend the time for payment of a water betterment assessment in the amount of 0.94.71, levied against property at 376 Lincoln Street, formerly owned by Emily R. Scheibe , without interest, until said land or any part thereof is built upon or sold, or until the expiration of three years fromthe date hereof, which- ever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. Mr. Adams said he thought the dump rules and regu- lations should be amended to permit any trucks used for Dump rules disposal of home rubbish use of the dump without charge & regulations It was agreed to discuss the subject at the next meeting of the Board. I 5 111 Letter was received from the National Park Service relative to an application for a permit to make an addition to a dwelling owned by Mr. Richard Shhner. Nat 'l. Park The Clerk was instructed to send a copy of the communication to each member of the Board, Mr Nickerson and Mr. Irwin Upon motion duly made and seconded, it was voted to grant the following licenses, satiafactmry character Licenses references having been received from the Chief of Police : Thomas Wilkie 5 Spring Street Taxi Operator Frank Burns 15 Taft Avenue Peddler Upon motion du y made and seconded, it was voted to appoint Mrs Patricia N Fox, 18 Edgewood Road, Appointment to the Town Celebrations Committee for a three-year term expiring April 30, 1963 . The Chairman reported that she had been informed that the Town of Arlingtonwas holding a hearing this evening relative to the removal of sand, gravel, etc , from an area of the Great Meadows . She said that she sent a letter to the A lington Selectmen advising that such removal is in violation of Article 27 of the General By-Laws and Section 9b of the Zoning By-Laws . Great Mr. Nicksay, Clerk of the Board, telephoned and Meadows explained that a letter had been received from Appolino and Luongo, who are building garden-type apartments next to the Great Meadows and they have asked for per- mission to grade in the rear of their property a strip 30 feet wide and 500 feet long. It has been referred to the Town Engineer for study. Mr. Nickaay also stated that the Committee on Great Meadows will meet with the Board next Monday at 0:15 P.M. to discuss the entire matter. It was agreed to advise Mr . Nicksay that Lexington had an appropriation of $20,000 for its purchase and tell him the Board is interested in a conference after next Monday's meeting with the Committee . The meeting adjourned at 11:05 P.M. A true record, Attest: xe co tiveVC le ric, SelecaoMen 6 C7 1.1 SELECTMEN'S MATING lir June 13, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on M nday, June 13 , 1960, at 7 30 P.M. Chairman Morey, Mess-s Adams, Ferguson and Cole were present . Mr Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Execitive Clerk were also present At 7:30 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate one pole on Donald Street Mr . Mahon, representing the Boston Edison Company, and Mr. James Warren, 9 Donald Street, were present at the hearing Mr. Mahon explained that Mr. Blodgett has asked Pole the company to remove the wires across his property location and to do this and still service Mr Warren' s house , it is necessary to set a pole on the lot line between the two houses He referred to a fence but Mr. Warren stated that there is no fence ana said the distance between the edge of his driveway and the lot line is seven feet . Mr. Mahon explained the proposed location to Mr . Warren who had no objection to the pole as indicated on a blueprint Mr. Warren retired and the hearing was declared closed at 7 40 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order fo± the follow- ing j/o pole location: Donald Street, southeasterly side , north- easterly from a point approximately 165 feet northeast of Ivan Street Hearing was declared open upon petition of the Boston Edison Company for permission to locate two poles, guy wire and annhor on the first pole on Robinson Road. ale Mr. Mahon, representing the Boston Edison Com- 1ocption pany, and Mr Wilfred L. Morris, 47 Robinson Road, were present at the hearing Mr. Mahon explained that the pole location came up because of the wires going into the new shhool He explained the location by use of a 7 blueprint and left the meeting with Mr. Morris to dis- cuss the subject further Mr. Mahon returned to the meeting and agreed to have the proposed location of a pole , guy wire and anchor on Robinson Road studied further Mr. Mahon stated that the company received a re- quest for an increase in lighting on Muzzey Street Sone years ago, the pole now on Muzzey Street at Massa- chusetts Avenue carried a police spotlight and meter and switch box for manual operation. He said that pole is a Town pole , installed, owned and maintained by the Town. The present order calls for astreet light on a Street light pole at that location. He explained that it has been pole the company' s practice to take that pole over from the Town and replace it, giving the Town the right to main- tain its present equipment on what would become the Boston Edisonfs pole He suggested that the pole be taken down by the company in due time and delivered to whatever location Mr Carroll designates The company would then petition for a pole in that exact location and see that the Town equipment is transferred to the company' s pole . The Board had no objection Mr. Mahon referred to the street lighting for the William Diamond Junior High School, and Mr. Stevens ex- Street plained that he understood the company was to prepare Lights necessary transfer papers for his approval Mr. Mahon retired at 7:50 P.M. Mr Charles F Clerkin, 9 Warren Street, met with the Board. Mr. Carroll presented a plan of Warren Street and stated that the question is what Mr Clerkin should pay to enter the sewer He explained that the existing sewer ends at the intersection of Eliot Road and Warren Street, and Warren Street is solid ledge When Mr Clerkin asked to connect to the sewer last year, he was Clerkin' s told that he could connect if he would pay a charge in sewer lieu of betterments and the cost of installing the sewer service Mr Carroll reported that the cost for the sewer service amounts to $1200 and the betterment figures $848.56 He said that the sewer service he proposes to install there could not be extended to be available to any other house beyond Mr. Clerkin' s and that is the reason he asked him to pay a charge . He explained that he did not want to spend the money to go seven, eight or nine feet through ledge and put in a sewer main. He proposes 8 tp put in the service along the edge of the road which would be as deep as it is possible to make itt He ex- plained that there is one other house , #8, that could possibly connect into the sewer If 8 Warren Street is sewered by Eliot Road and Mr. Clerkin does not pay a betterment, and at the time that is put in, his sewer service could be connected and the Town could not ask him to pay another betterment . He said he thought Mr. Clerkin felt it was unfair The Chairman said that if this was a street with- out ledge, and the Town ran a lateral, he would have to pay, so he will actually be charged what any other citizen would be charged Mr. Ferguson asked if Mr. Carroll was asking Mr . Clerkin to pay the total installation cost from Eliot Road up Warren Street into his house, and, in addition, a betterment, with no charge to the Town. Mr Carroll replied he would pay the total sewer service charge plus the betterment . He explained that if Mr. Clerkin does not pay a betterment, and the sewer does go up Warren Street and passes his house, no bet- terment could be collected at that time and the Town will receive no return from whoever owns the house at that time Mr . Clerkin said it all comes down to whether or not there will be a sewer from Eliot Road, He stated teat the distance from Kamen' s house to the corner of Washington Street is about the same as it is to Eliot Road and they would be more likely to connect into Eliot Road. He said he could not see a sewer going in front of his house . Mr. Clerkin said he has a cesspool but there is not sufficient top soil to take the water . Mr Carroll explained that he , Mr Clerkin and the Board of Health would appreciate a decision inas- much as the cesspool is running across the street Mr. Clerkin said that any bet=erment charge would be unreasonable under the circumstances . Mr. Ferguson explained that as soon as Mr. Clerkin connects to the sewer, his house is bettered and there- fore the Town could collect a betterment. He said every other citizen pays from the street in as an extra cost . Mr. Clerkin said it would not be a real sewer but merely a ditch. Mr Carroll explained that it will not be a sewer main but will be a sewer service . Mr. Clerkin retired at 8 :10 P.M. It was unanimously agreed that Mr Clerkints con- nection should be handled the same as any other citizen and he should be charged as if a lateral was installed in front of his house , plus a connection charme . ' 9 Mr. Stevens brought up the matter of contract No. 5 dated August 1, 1957 between the Town and Tomaso Gioioso and Feliciano Federico d/b/a G. & F Construction Co. for laying water mains aria drains. He said the work was completed on April 30, 1958 but that payment for all the work had not been made because of claim notices filed with the Town Clerk by subcon- tractors and material men who had furnished labor or material for the work and had not been paid by the contractor and that arrangements had now been made for settlement of all claims He stated that in the con- tractor ' s applicat, on to Continental Casualty Company for the surety company bond that was issued covering the work, there was an assignment to the surety of all sums payable under the contract and he referred to a letter dated March 27, 1959 addressed to the Selectmen from Continental Casualty Company by its attorney Blakeney & Blakeney, giving notice of this assignment and requesting that no payments be made under the con- tract except to Continental Casualty Company or upon its order. He recommended that the settlement be carried out by consenting to the assignment by the contractor to the surety and by paying the total sum now held on the contract, which is X5,)1)13 .78, to Blakeney & Blakeney as attorneys for the Continental Casualty Com- pany, and presented a letter dated June 13, 1960 addressed to the Selectmen from Continental Casualty Co. by Blakeney & Blakeney setting forth the payments to be made by the company upon receipt of said sum of $5,11/13.78• After consideration of the foregoing, it was unani- mously VOTED To consent to the as;.ignment from Tommaso Gioioso and Feliciano Federico d/b/a G. & F. Con- struction Co. to Continental Casualty Company of moneys payable under contract No. 5 dated August 1, 1957 and to pay Blakeney & Blakeney as attorneys for Continental Casualty Company the sum of $5,443.78, which represents the balance payable under said con- tract Mr. Warren Smith, Westminster Road, came into the meeting and asked if a hearing was being held relative to the Rules and Regulations governing the use of the Dump dump. The Chairman explained that the subject is to be discussed this evening. Mr. Stevens reported th t he had prepared an Order of Taking covering the property of Waymint Realty Trust 10 imaa w 063 under option to the Town , situated on Turning Mill Order of Road, to be used for recreational purposes. Taking Upon motion duly made and seconded, it was voted to sign the taking order in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 13th day of June , 1960, it is ORDERED: Whereas by vote duly adopted by a Town Meet- ing duly called, warned and held on March 7, 1960, namely at an adjourned session thereof duly held on March 28, 1960, the Selectmen were authorized and empowered on be- half of the Town of Lexington to purchase , take by eminent domain or otherwise acquire for playground and recreational purposes, and other public purposes, the land hereinafter described and an appropriate n of money was made therefor. NOW, THEREFORE, we , the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, Section 14 of Chapter 45 of the General Laws of Massa- chusetts, and Chapter 79 of said 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 fee in the name and on behalf of the Town of Lexington for sewer, water, drain, street, playground and recreational purposes the following parcel of land situated on Turning Mill Road in said Lexington and bounded and des- cribed as follows: NORTHEASTERLY by Turning Mill Road, three hundred fifty-seven and 28/100 (357.28) feet; SOUTHERLY by land now or formerly of Louis E & Beryl M. Fischer, one hundred eighty- five and 62/100 (185.62) feet; SOUTHEASTERLY by said land now or formerly of Fischer, sixty-seven and 47/100 (67.47) feet; SOUTHEASTERLY by land now or formerly of Mary A. AGAIN Hennessy by nine courses measuring respectively, two hundred fifty-two and 94/100 (252.94) feet , eighty-one and 22/100 (81.22) feet; one hundred 111 eight and 30/100 (108.30) feet ; fifty-eight and 04/100 (58 .04) feet; one hundred fifty-two and 35/100 (152 35) feet; one hundred forty-nine and 01/100 (149.01) • feet; ninety-six and 06/100 (96 06) feet, one hundred six and 50/100 (106.0) feet; sixty-four and 41/100 (64.41) feet; and fifty and 06/100 (50.06) feet, EASTERLY by said land now or formerly of Hennessy, fifty-one and 58/100 (51 .58) feet , SOUTHERLY by land of owners unknown, twenty- AGAIN five and 60/100 (25.60) feet; SOUTHWESTERLY by land of the Town of Lexington and by land now or formerly of Donald K. Irwin by three courses measuring re- spectively, three hundred fifty-six and 09/100 (356.09) feet; one hundred fifteen and 17/100 (115.17) feet, and three hundred ninety-nine and 80/100 (399.80)) feet; NORTHWESTERLY by land now or formerly of Gerald D and Margaret V. Shirley, by land now or formerly of Herman and Dorothy Yagoda, by land now or formerly of Neal and Jean Evans Rubenstein, and by land now or formerly of Donald 0. and Claire V Smith by four courses measuring respectively, three hundred thirty-two and 46/100 (332.46) feet; three hundred twenty-nine and 41/100 (329 41) feet ; three hundred sixteen and 09/100 (316.09) feet, and one hundred thirteen and 69/100 (113 .69) feet; NORTHEASTERLY by land now or formerly of William 0. AGAIN ana Rachel E. Uraneck and by land now or formerly of Waymint Realty Trust, one hundred eleven and 25/100 (111.25) feet; NORTHWESTERLY by said land now or formerly of Waymint AGAIN Realty Trust, two hundred eighty-five and 89/100 (285 89) feet; 12 CD 1.11 NORTHEASTERLY by Turning Mill Road, forty-one AGAIN and 29/100 (4.9.21) feet; SOUTHEASTERLY by land now or formerly of Waymint AGAIN Realty Trust, two hundred eighty- two and 41/100 (282.4.1) feet; NORTHEASTERLY by said land now or formerly of AGAIN Waymint Realty Trust, seventy-five and 00/100 (75 00) feet ; NORTHEASTERLY by land now or formerly of Waymint AGAIN Realty Trust, by land now or formerly of Peter C and Pearl M Fritsch and by land now or formerly of Seymour and Francis Goldberg, two hundred seventy-six and 00/100 (276.00) feet; and NORTHERLY by said land now or formerly of Goldberg, two hundred thirty-three and 88/100 (233.88) feet; and containing, according to plan hereinafter mentioned, 19.38 acres, more or less, all as shown on plan entitled "Plan Of Land In Lexington. Mass .", dated May 19, 1960, Albert A. Miller, Wilbur C . Nylander, Civil Engineers and Surveyors, to be recorded herewith This taking is made subject, so far as now in force and applicable , to transmission line easement taken by Boston Edison Company by instrument dated March 16, 1948 and recorded in Middlesex South District Registry of Deeds, Book 7243, Page 390; to pole line easements in Turning Mill Road granted by Techbuilt, Inc . to New England Telephone & Telegraph Company and Boston Edison Company by instrument dated February 26, 1957, recorded in said Deeds, Book 8857 , Page 311; and to such rights, if any, as may exist in any person in the strip of land shown on said plan as "Mountain Road Private Right of Way" . All trees upon said land and structures affixed thereto, excluding structures maintained under any of the aforesaid easements subject to which this taking is made, are included in the taking. We award the damages sustained by the persons in their property by reason of the taking hereby made as follows: To Milton C . Wasby and Richard G Mintz, as Trustees of Waymint Realty Trust under indenture of trust dated February 19, 1959, recorded in said Deeds, Book 9331, Page 324, the sum of $1 .00. `'-1•11 13 CP In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us, and in such case our award is made to the lawful owners thereof. No betterments are to be assessed for the improve- ment for which this taking is made . WITNESS our hands and seals in said Lexington the day and year first above written /s/ Ruth Morey Alan G. Adams Lincohn P. Cole , Jr. Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACFUSETTS Middlesex, ss. June 13 , 1960 Then personally appeared the above named Ruth Morey, Alan G Adams, Lincoln P. Cole , Jr. and Gardner C . Ferguson, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington and severally acknowledged the foregoing instrument to be their free act and deed, before me , /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 Mr. Stevens reported that the Group Insurance cover- age Act had been amended, effective May 17, whereby if a retired employee dies, his surviving spouse can continue Insurance the coverage at the expense of the spouse but the Board determines the amount of the premium. Mr. Carroll referred to the trunk sewer instal- led up to Itek' s property line under Maguire Road and reported that Itek is to connect onto the Towns man- hole . The question to be decided now is the matter 14 of betterment, which amounts to $6,473.90 He ex- plained that the sewer was not constructed in Maguire Ite sewer Road except crossing it, where it entered the trunk be '-terment sewer at a point on the Itek property line , and stated that no betterments were included in the Order of Taking He said he thought there should be a charge in lieu of betterments . It was agreed to assess a betterment against Itek in the amount of $6,473.90. Mr . Stevens retired at 8:45 P.M Letter was received from Mr. Carroll , together with a copy of a letter to him from Whitman & Howard relative to bids received June 6, 1960 for sewer and drain work. After consideration thereof the Board adopted the following vote : VOTE: To reject the bid of La Camera - Pitt Corporation for the reason that the Board determines that in its opinion the bidder is not qualified and competent to perform the work and voted to award the contract to C . DiMartino & Sons, Inc . , the lowest qualified and competent bidder at its bid price of $72,277 .50. Mr. Edward B Cass, Chairman of the Board of Assessors, and Mr. Cornelius P. Cronin, Clerk, met with the Board. The Chairman explained that the Selectmen are concerned about finances and stated that two weeks ago they authorized a borrowing in anticipation of revenue . She said the Board understood that the property tax bills would not be givento the Collector until early in the fall. The Board felt this was a change in policy and would like to discuss it. Mr. Cass stated that a change had been made this year He explained that last year the Assessors started the policy of sending out the real estate bills alphabetically. The sane procedure is being followed this year and there has been an additional change He reported that the department is two months earlier this year on the personal tax and excist tax bills . The Assessors feel that by sending those bills, the Town will receive money faster He said in order to get faster money, the Assessors have , to a degree , let the seal estate bills go. He explained that the percentage of bills paid by banks is approximately 80% and then there is about 20% of older houses and some of these owners pay their bills in August . He stated that the banks all wait until Novem9bbrr so about 80% of the tax bills won't be paid even if the 15 bills are sent out early. It states on the bills that they are not due until November 1st so the As- sessors have tried to concentrate on the bills which they feel will get the most money to the Town in the cuickest way Mr. Cass reported that two commitments of auto- mobile excise taxes for 1960, amounting to $100,000, have already been sent out and there is another Assessors re: $100,000 commitment being posted He said that Tax bills $377,253 .99 in personal taxes have been committed as of June 13th to the Collector of which $355,123.81 will be received from six major companies . Those companies pay personal property taxes early as a rule . He said the Assessors feel that amount should be in the Treasurer' s office by July 15 if the companies, as a matter of policy, pay as indicated on the bills . Mr. Cronin suggested that the Collector contact the companies and ask to have the payments made early Mr. Cass said that the mailing of real estate tax bills will be delayed unless the Assessors have another clerk. He stated that the Assessors had asked for funds in the 1960 budget to provide for a part time clerk for this work but the Appropriation Committee did not approve the additional funds . He 111 said if the Appropriation Committee will transfer $600, the Assessors believe the real estate tax bills can be in the mail by August . Mr. Cronin discussed the possibility of having the bills prepared by I.B.M. and agreed to obtain more information on the subject The Appropriation Committee met with the Board and was introduced to the Assessors by th,J Chairman. Mr Cass and Mr. Cronin retired at 9:10 P M. Mr. Blaisdell said that the Appropriation Com- mittee would like to have a salary policy by October and direct :action on a Personnel Board, group or committee on an advisory status. He suggested a group of three citizens either members of existing Appropriptim Boards or non-members, as the Selectmen may deter- Committee mine, who could advise the Boards mutually on the question of salaries . He said it would be a modi- fication of Mr . James ' salary and wage plan. He said better co-operation could be obtained from the School Department re non-teaching personnel if there is an active Personnel Board. He said this is a subject the Appropriation Committee thinks the Selectmen should take some action on Mr. Blaisdell stated that the Appropriation Committee is charged with reporting to the town and it would like a good, sound basis of information Mr. Ferguson asked what the committee would do, 16 r= CD 1.0 CrD He asked if it would be an analysis committee or a salary committee and Mr Blaisdell replied that it would be a Personnel Salary Committee Mr. Ferguson asked if he meant salary, vacation, sick leave , etc Mr. Blaisdell replied that he did not think it should be a committee that would continue for years, but one that would make recommendations as to job classifications Mr. Ferguson asked if the Committee would analyze every job in the Town and each individual doing the job. Mr. Blaisdell replied that he did not think the Committee should value the individual; that should be left to the Department heads . He said the Appropria- tion Committee Would like to get away from the personal feeling that exists on setting salaries . Mr Patterson said he would like a refinement of Mr James ' schedule . Mr Blaisdell discussed changes in the budget 'udget sheets and agreed to submit one to the Board when sheets the revision has been completed Mr. Blaisdell discussed briefly the 1961 tax Tax rate ' 61 rate and the Committee retired at 10:20 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held June 6, 1960 . Letter was received from the County Commissioners advising the Board of a hearing on July 8, Commissioners ' -rearing Office at 10:30 A.M. , in regard to the petition for re- location and specific repairs of the intersection of Winchester Drive, Lowell Street and Maple Street . Letter was received from Mr. A. R. Batstone , 49 Bartlett Avenue , requesting deferment of a sewer better- Deferred ment assessment levied on his property on Bartlett etterment Avenue 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 betterment as- sessment on Lot #106 in the amount of $1,491.32 and on Lot #104 in the amount of $797.20, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that th- extension of time shall termintlte immediately 111 if the facilities of the sewer are used for said land or any part thereof. 17 Letter was received from Dr. William L. Barnes, X04 Bedford Street, asking to have th' sewer better- ments, assessed on property owned by him and located on Bedford Street, deferred again Upon motion duly made and secondee_, it was voted, under the provisions of Chapter 159 of the Acts of Deferred 1950, to extend the time for payment of the sewer sewer betterment assessment in the amount of $930.77 and the bettermenL- sewer betterment assessment in the amount of yp29O.78, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first , provided, however, that this extension of time shall terminate immediately if the facilities of the sewer are used for said land or any part thereof. Letter was received from Frederick W. Smith, Scout Executive , Boy Scouts of America, asking to have the street betterment assessed on property owned by the Boy Scouts and located on Grant Street, deferred again. Defer ed Upon motion duly made and seconded, it was voted street to again extend the time for payment of the street betterment betterment assessment in theamount of $2,781.91, with- out interest, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first The Chairman referred to the Great Meadows and it was agreed to call the Arlington Selectmen' s Office to Great find out the result of Arlington' s Committee on the Meadows mOadows and ask to arrange a meeting to discuss the subject Proposed amendments to the Dump Riles and Regu- lations were submitted by Mr Cole and the Board Dump tentatively adopted them in principle The Chairman read a letter from Rev. Harold T Handley in which he referred to the Board' s letter of June 2 to the Chamber of Commerce asking for sug- Guides gestions and recommendations relative to guides It was agreed to invite all the guides tomeet with the Board when the group that has applied for licenses has passed the examination. The meeting adjourned at 11:00 P.M. A true record, Attest -r r Executive/ Cler , Selec tan 18 Wad SELL TM'3N t S =TING lir June 20, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, June 20, 1960, at 7:30 P.M Chairman Morey, Messrs . Adams, Ferguson and Richards were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works , and the Executive Clerk were also pre- sent Mr Cole arrived at the meeting at 7 45 P.M. Upon motion duly made and seconded, it was voted to sign contract dated June 15, 1960, between the Town Contract of Lexington and C . DiMartino Sc Sons , Inc . , for sewer and drain work at the bid price of $72,277.50 Mr . Stevens gave a report on acquisition of land for playground and recreational purposes authorized under vote of the Annual Town Meeting, Article 46, owned by Fred C Benkley and Marie J. Benkley and Richard F. Herzog The Chairman reported that Mr Carroll received a request from the Lexington Savings Bank for per- mission to use a portion of the parking area in the rear of the bank for construction purposes . The Y9.rking anticipated construction time is six months which carries it into next Christmas . She said if a portion of that parking lot is given to the bank, the Board would have to arrive at some decision relative to the Cataldo parking lot, and Mr. Cataldo wants a settle- ment . Mr. Carroll explained that the bank wants to re- move a piece of the fence in the rear of the Manhattan property for storage of equipment and if permission is given to use the parking area, it will result in the loss of about ten car spaces He said he asked Mr . Potter, who came to him representing the bank, to have the construction man come in and discuss the subject to see whether or not something could be worked out. Mr Carroll said it would be better for the contractor to be working in the parking lot than it would be on Massachusetts Avenue The Chairman reported that the Arlington Select- men have established a summer meeti g schedule and 19 would meet with the Lexington Selectmen on one of the off-meeting nights to discuss the Great Meadows Upon motion duly made and seconded, it was voted to hold regular meetings of the Board on June 27, July 11, and 25, August 8, 22 and 29. It was agreed to arrange a meeting with the Arling- ton Board of Selectmen on Monday, July 18, to discuss the Great Meadows . Mr. Stevens retired at 8:20 P.M. Mr. Carroll referred to a previous discussion rela- tive to the possibility of purchasing a 4-wheel street sweeper and explained that the majority of the con- ventional type sweepers are 3-wheel. He stated that he wrote the specifications so that a 4-wheel sweeper could enter the competition and received seven bids from four different companies . The lowest bid was received from E. J. Bleiler Equipment Co. Inc . for an "Esco 1080" , $8,110.00 net. He explained that the sweeper in this Street bid did not meet the specifications . Sweeper bids The second bid was received from Dyar Sales and Machinery Company for a Saginaw, 4-wheel sweeper, $8,200.00 net. Mr. Carroll reported to the Board information re- ceived as a result of extensive investigation and study of the various units . Upon motion duly made and seconded, it was voted to accept the lowest net bid of $8,110.00 received from the E. J. Mailer Equipment Co. Inc . for an "Esco 1080" Elgin Sweeper. Further consideration was given to the Rules and Regulations governing the use of the Town dump. Upon motion duly made and seconded, it was Dump Rules VOTTD That the Board determines that the charge & Regulation of $25.00 for a yearly permit for use of the Town dump by commercial vehicles not engaged in the commercial collection of refuse or rubbish, as inserted in the rules and regulations governing the dump by amendment adopted on April 25 1960, was excessive and that the charge be reduced to $1.00 and a refund be made of $24.00 to the owners of each of such vehicles for which such yearly permits have been issued. And it was further VOTED: To amend, effecta.ve June 27, 1960, the rules and regulations governing the operation of the Town dump 20 CD situated on Lincoln Street by striking out paragraphs numbered 8, 9 and 10 by inserting in place thereof the following paragraphs 8 . The dump shall be closed on the following days : New Year:36 July Jath Faster Sunday Labor Day April 19th Veterans ' Day May 30th Thanksgiving Christmas 9. No commercial vehicle, except one owned or operated by or for the Town shall use the dump without a permit . Permits and the charges therefor shall be as follows: a $25.00 for a yearly permit for each such vehicle engaged in the commercial collection of rubbish or refuse . This permit will be valid only in the calendar year for which it is issued and may be obtained from the Board of Selectmen upon written application. b. $1.00 for a yearly permit for each such vehicle not engaged in the con:mercial col- lection of refuse or rubbish and which is regularly garaged in Lexington. This per- mit will be valid only in the calendar year for which it is issued and may be obtained from the Board of Selectmen upon written application c . $2.00 for a daily permit for each such vehicle engaged in the commercial collection of rubbish that does not hold a yearly per- mit issued under sub-paragraph "a" and for each such vehicle not engaged in the commercial collection of rubbish which does hot meet the requirements for a yearly permit under sub-para- graph "b" . This permit will be valid during the day for which it is issued and may be ob- tained from the Superintendent of Public Works d. Each yearly permit shall be subject to re- vocation by the Board of Selectmen and each daily permit shall be subject to revocation by the Superintendent of Public Works if the Board or Superintendent, as the case may be, determines that the vehicle for which the 21 permit was issued has been used to dump or deposit within the Town Dump any material originating outside of the Town of Lexington or that it has otherwise been used in violation of the rules and regulations governing the operation of the dump. Letter was received from Earle C . Banks , 31 Simonds Road, relative to the slope of his lawn which he claimed was changed to meet the sidewalk The Chairman reported that she had viewed the property. It was determined Complaint that no damage had been done and Mr . Carroll agreed to contact Mr. Banks . Letter was received from George F. Smith, 282 Bedford Street, requesting deferment of a sewer bet- terment assessment, levied against his property, in the amount of $330.00 This betterment was previously deferred and the period of three years expired. Upon motion duly made and seconded, it was voted to again ex tiag44ntime for payment of the sewer Sewer bet- betterment,7Ieviea against property owned by George terment F. Smith, 282 Bedford Street , in the amount of $330.00, deferred without interest, until said land or any part thereof is built upon or sold, or until the expiration of three years from the date hereof, whichever event 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 Letter was received from Gaetano Franceschelli, 3L Grapevine Avenue , requesting deferment of sewer betterment assessment levied against his property in the amount of $1, 759.98. This betterment was previously deferred and the period of three years expired. Sewer bet- Upon motion duly made and seconded, it wa: voted terment to again extend the time for payment of the sewer bet- deferred terment assessment, levied against property owned by Bertha Franceschelli, Gaetano and Bertha Franceschelli, situated on Grapevine Avenue , in the amount of $1,759.98, without interest, tkntil said land or any part thereof is built upon or 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. 22 'a CD frD Upon motion duly made and seconded, it was voted to sign an application for a Certificate of Incorporation Cert of on behalf of William E. Haible , 21 Moon Hill Road, Inc satisfactory character reference having been received from the Chief of Police . Upon motion duly made and seconded, it was voted to grant the following licenses : William Bongiorno 197 Waltham Street Guide (renw'l . ) James J. Green 8 Fiske Road Peddler it Charles K. Bergin,Jr. 40 Spring Street " At 9:05 P.M. , the Planning Board, Mr Snow and Mr. Stevens, met with the Selectmen. The Chairman read a letter from the Recreation Committee , dated June 13 , 1960 , to the Planning Board, recommending that an option be obtained for the pur- phase of approximately ten acres of McCormack-Brun land adjacent to the Harrington School, the size and location to be determined by the Town Planner The Chairman also read a letter to the Selectmen from the Planning Board, dated June 20, 1960, asking for a meeting to discuss the possible acquisition of the land. Mr. Burnell reported that two years ago the Plan- ning Board tried to work out a reasonable figure to acquire about eight acres of land from McCormack and Brun in the Maple Street, Lowell Street, Woburn Street area, adjacent to the Harrington School for recreational purposes . This went on for eome time and the Board could not seem to get at all close in the values of the land . Mr. Burnell said that on April 27, 1960, a letter was received from Mr. McCormack stating that the former Chairman of the Planning Board wrote about acquiring some of his land. It was then too late for the March Town Meeting Inasmuch as the Planning Board made the proposal, Mr. McCormack stated that it was the Board' s responsibility to get the matter ready for presentation in time . The Planning Board' s offer of $1200 was not accepted and felt by Mr. McCormack to be unfair . Mr. Burnell stated that the $1200 was recommended to the Board by Mr Berglund who was asked by the Planning Board to make an appraisal. Around April 27, Mr. Snow and Mr Burnell met with the Recreation Committee and asked them to go over this problem again with the Com- mittee and reiterate the Committee ' s previous expression that this land was desirable and that theCommittee did want the Planning Board to acquire it for recreational 23 purposes . The letter of June 13 , 1960, read by the Chairman, was the answer Mr Burnell said that the Planning Board did tell the Recreation Committee at that time that since there was such a wide breach between McCormack and Brunts thinking and the Planning Board' s thinking that the Boar(' would probably have to ',o to eminent domain proceedings in order to acquire this land. He said the Planning Board now has Mr Reenstierna' s report which the Planning Board thinks is excellent . He said the Planning Board is talking about eight acres out of an area of forty-eight acres that McCormack and Brun purchased June 29, 1956 for about ,$22, 000. Mr McCormack wants $4500 an acre and the Planning Board offered him $1200. The Chairman asked what the Plan-ing Board would like at this point, and Mr . Burnell said that it seems apparent that this will go to eminent domain proceed- ings in order to acgiire it and the BoarL plans to bring it up at the next Town Meeting. The Chairman asked if the Planning Board felt this was one item ready for a Town Meeting, when, as and if one is held . Mr . Burnell replied in the affirmative . Mr Stevens said that McCormack and Brun and the Planning Board are so far apart in value , the only thing is to recommend taking it by eminent domain. The Chairman reported that she had a conversation with the Secretary to the Board of Selectmen in Arlington, following which she received the dates that Board will be meeting during July and August. It was suggested that LexinTton meet with Arlington on one of the nights no regular Selectmen ' s meeting is scheduled for the purpose of discussing the Great Meadow She said that the Lexington Board will suggest a meeting on July 18th at which time the Planning Board should be represented . The Planning Boa d retired at 9:35 P.M. Application for a Yearly Dump permit was received from William F. Lamrrerse , 3L Channing Street, Belmont , It was agreed to advise Mr. Lammerse that the Dump permit dump regulations h'-ve been changed and he will qualify for a $2.00 daily permit . T e Chairman read a letter from Mr. Irwin, Build- ing Inspector, to which was attached a list of complaints received by his Department for a two-week period. Also attached, was a list of possible obvious violations . Violations No investigations were made and the question of violations arose because of the advertising being done in connection with them 24 cD 3wiiming The subject of fencing swimming pools was discussed -'ools and it was agreed to ask Mr. Stevens how the Board can take quick action. The meeting adjourned at 10:10 P.M. A true record, Attest ,71 /""'^ ec "iveJalerk Selectm n oor, �Jp t 1 25 Sr.LECTMTN 'S METING June 27, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, June 27, 1960, at 7 :30 P.M. Chairman Morey, Messrs. Adams, Ferguson, Richards and Cole were pre- sent Mr. Stevens, Town Counsel, Mr Carroll, Super- intendent of Public Works , and the Executive Clerk were also present Hearing was declared open upon application of the Lexington Golf Club to store 500 gallons of gasoline in an underground tank on premises located at 55 Hill Street. Notice of the hearing was advertised in the June 16, 1960 issue of the Lexington Minute Man and a notice mailed to the applicant and to the owners of prolperty deemed by the Board of Assessors to be abutters Mr. Edward J. Murphy, Superintendent of the Club and Mr. Richard Wadler, 36 Hill Street, were present at the hearing. Mr. Murphy explained that the gasoline would be used for three vehicles owned by the Club. Mr. Wadler asked if the tank would serve only Gasoline members of the Club or if it would serve the public . Hearing Mr. Murphy stated that Club members could not purchase gas and the tank would be used for vehicles owned by the Club. Mr. Cole asked how near the tank would be to the street, and Mr . Murphy replied approximately fifty feet . The hearing was declared closed and Messrs . Murphy and Wadler retired Upon motion duly made and seconded, it was voted to grant a license to the Lexington Golf Club to store 500 gallons of gasoline in an underground tank on premises located at 55 Hill Street. 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 Sherburne Road . Pole Mr. Mahon, representing the Boston Edison Com- location pany, and Mr. William J. Flux were present at the hearing. Mr. Mahon explained that this is a new service for Mr. Flux and the company plans to extend its line 1.1 26 as shown on the blueprint that accompanied the peti- tion Mr. Richards raised a question about the blue- print and Mr Mahon admitted that there was a dis- crepancy. He said it would have to be revised, the petition resubmitted and another hearing held. The hearing was declared closed and Mr. Flux retired. 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 Grove Street. The proposed location was approved, by Mr. Carroll. Pole Mr . Mahon, representing the Boston Edison Com- Pole location pany, was the only person present . The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign an order for the fol- lowing pole location: Grove Street, eaFterly side, approxi- mately 1160' north of Gould Road,-- One pole . Mr. and Mrs Lermond, 102 Burlington Street, met with the Board relative to a petition requesting the Board to alleviate dangers to children, homes and people on Burlington Street, caused by sand blowing from a vacant lot at 100 Burlington Street Mr. Stevens explained that if there is a health hazard occasioned by the dust, the Board of Health could act. Mr. Cole reported that he was in the area last C anplaint Saturday and found conditions extremely bad Mr. Carroll stated that he was acquikinted with Mr. Bullock, owner of the lot , and was surprised if he refused to co-operate. He said he would be glad to speak to him. If, after Mr . Carroll talks to Mr. Bullock, no action is taken to alleviate the conditions, the peti- tion is to be referred to the Board of Health. Mr. and Mrs . Lermond retired at 8:35 P.M. The subject of fencing swimming pools was dis- cussed, and Mr. Stevens advised that either the Build- ;3Wimming ing or Zoning By-Law would have to be amended and he cols would obtain more definite information It was agreed to ask Mr. Irwin how many permits have been issued for swimming pools and how many are fenced in, if he knows . Mr. Stevens retired at 8.40 P.M 27 ' Mr. W F Davis, 18 Boulder Roaa , met with the Board Mr. Carroll reported that the last time discus- sion was held relative to a sewer in Boulder Road, he agreed to prepare an estimate of cost to Mr Davis and Mrs . Fernald He said that the estimated better- ment to be assessed against Mr. Davis is 4727 .11 and the estimated betterment to be assessed against Mrs Boulder h a . Fernald is $654.40. If, however , sewer and drain are sewer constructed at the same time , the total will be about `4'57,000. If the sewer is constructed without the drain, the cost will be about 04,000 Mr. Ferguson asked if the estimate included land damages, and Mr. Carroll replied in the negative Mr. Ferguson suggested running the sewer down Henderson Road, and Mr. Carroll agreed to investigate this possibility. Mr. Davis said that the purpose of coming to the meeting was to ask for some solution as quickly as possible because he has a condition which is a problem and about which the neighbors have talked to Mr Carroll . He said he did not want to co to the expense of a cess- pool. The Chairman etplain.-d that an item of $7,000 is ' substantial and the budget is close enough so that the Board cannot approve an expenditure of $7,000 which had not been planned for . Mr. Davis said that there must be some contingent funds and asked if instances such as this didn' t come up every year. Mr. Carroll explained that $100,000 of the amount requested in the 1960 sewer budget was not approved. The Chairman explained that there isn' t that much money available and it would probably have to be ap- propriated by a Town Meeting . Mr. Ferguson asked if the individuals involved would have to pay a connection charge , and Mr. Carroll replied in the affirmative . He explained that the connection charge would be between $200 and 000 in addition to the betterments . The Chairman said the Board would receive a re- port from Mr. Carroll about the possibility of run- ning the sewer out Henderson Road and Mr. Davis would hear from the Board. She advised him, however, that the Board could not hold any hope of a promise for fast action. Mr. Davis retired at 9:03 P M. It was agreed to =ask Mr. Lurvey, Executive Health Officer, for a report of every location that he has been told needs a public sewer. 28 MgmmolMr. Carroll referred to bids on Trunk Sewer, Contract #3 (Minute Man Highlands) opened June 20 and reported that A D'Allessandro & Sons, Inc . , Hyde Park, was the low bidder on both alternates The alternate item was for crossing Route 2. He reported that the State has not yet issued a permit to cross Route 2, but he recommended that the con- tract be awarded He read a letter from Whitman & Howard reporting favorably on the low bidder and re- commending that the bid be awarded to D'Allessandro, whose base bid was S262,222.90 and alternate bid was $271,222.90 Upon motion duly made and seconded, it was unani- mously voted to award Contract #3, Trunk Sewer, to A. D'Allessandro & Sons , of Hyde Park, at their base bid of $262,222 90 Mr. Carroll reported on bids received from Chapman Waterproofing Company and from Mr. Stanley Newman for waterproofing the steps at Cary Memorial ',Iterproof- Building ; Chapman bid $1675 and Newman bid $885 steps He reported that Newman could not guarantee the work and the Chapman Company has agreed to return to repair any damage that may be done . Mr Stevens will prepare an agreement for execution by them. Upon motion duly made and seconded, it was voted to award the contract for waterproofing the steps at Cary Memorial Building to Chapman Water- proofing Company, using method B with a guarantee , at their bid of $1,675.00. Mr . Carroll reported that there is a water problem this evening, certain high areas being without water He explained that he discussed the possibility of installing booster pumps, which would sir- ter be domestic booster pumps, with Whitman & Howard -ooster They have come up with a recthmmendation of four pumps ; p11-009 one in Sun Valley, one in Fair Oaks, one in Fairland Avenue area and on in Leland Terrace area at a total cost of $16,000. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s meeting held on June 13, 1960 Letter was received from Mr. Stevens confirm- i-17/mint ing his report of last week relative to property Trust acquired from Waymint Realty Trust, Turning Mill Road . 29 Application was received from Roy Holman, 6 Endicott Street, Billerica, for a Yearly Dump Permit Dump Permit Mr. Holmzn is employed by the Boston Edison Company and takes its refuse to the Lexington Dump Upon motion duly made and seconded, it was voted to grant Mr. Holman a Yearly Dump Permit . Mr Stevens reported on the claims of Fred G lenkley, Jr and Richard F. Herzog, owners of two parcels of land which the Selectmen were authorized to acquire by vote of the Annual Town Meeting in March, 1960. It was agreed to include an article Article in the warrant for a Special Town Meeting to be held in September relative to the Herzog property The Chairman read a letter from Medill Bair, Superintendent of Schools, inviting the Board to meet with the Capital Expenditures Committee , Re- Center creation Committee , Appropriation Committe , Plan- playground. ning Board, Building Sites Committee and the Town area Counsel on June 30 at the William Diamond Junior High School, 8:00 P.M. , to discuss preliminary program for the Center playground area. The Chairman and Mr. Cole agreed to attend. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation ap- Cert. of Inc. plication on behalf of Austin W. Fisher, Jr. , and Kenneth R. Fox. Letter was received from Mr George P. Morey advising the Board of available accumulated in- come of $4,564.73 from the Trustees of the Bridge Charitable Fund and the Elizabeth Bridge Gerry Income Fund, and $2,6W1 .88 available accumulated income from the George I. Gilmore Fund The Chairman suggested that Mr. Collins, Wel- fare Agent, be advised of the available amounts. Upon motion duly made and seconded, it was voted to grant the following licenses Philip L. Caples 31 Chase Ave . Auctioneer (New) Leo A. Boynton 58 Fairmont St Junk (New) Arlington Louis S. Sala 30 Middle Road Taxi Driver (New) Bedford Chester R. Holt 107 Bartlett Ave . Peddler (New) Mr . Ferguson left the meeting at 10:20 P.M. The Board examined Jury Service Questionnaires and prepared a Jury List of inhabitants it felt qualified to serve as jurors, as follows : 30 1.4 0-1 TOWN OF LEXINGTON JURY LIST - 1960 6USINESS NAME & ADDRESS OCCUPATION ADDRESS Karl W. Ahlstrand,Jr. Engineer Screw Machine Prod Co. 1L4.0 Grove Street 57A Harvard Street Waltham, Mass . Harry W. Aiken 7 Revolutionary 'roam Chemist Masury-Young Company 76 Roland St. Boston John W. Alexander Steamfitter Met. State Hospital 19 Welch Road Waltham, Mass . William R. Ames Wool Broker William R. Ames 38 Wachusett Drive 200 Sumner Street Boston, Mass . Oscar L. Anderson Manager Gorins, Inc . 15 Stimson Avenue 1019 Commonwealth Ave . Boston, Mass Herbert Ansell Manager Davis Sportswear Co. 12 Peacock Farm Road 4 Hampshire Street Lawrence , Mass . Donald H. Archer Engineer Raytheon Company 243 Peacock Farm Road Missile Systems Div. Bedford Labs, Bedford Gilbert A. Arnold Salesman Security Fence Co. 3 Richard Road 80 Bow Street Arlington 74, Mass Fletcher Ashley Architect Fletcher Ashley 6 Moon Hill Road 6 Moon Hill Road J Howard Atkins Vice President F.J.Barnard & Co. 194 Follen Road Gen. Manager 101 MysthAvenue Medford 55, Mass. Raymond H. Atwood Chem. Engineer Standard Lime & Cement 17 Fairlawn Lane Balftrgre y3, Md. George Austin Plant Suptt. Tigor Engineering Co. 143 Concord Avenue Needham, Mass . Russell F. Bailey Accountant Harvard University 36 N. Hancock Street Cambridge , Mass . 31 BUSINESS NAME & ADDRESS OCCUPATION ADDRESS I Truman F. Ball Inspector Western Electric Co. 38 Paul Revere Road 705 Mt Auburn Street Watertown 72, Mass William H. Balsor Salesman N. E. Millwork Dist . 40 Winthrop Road 60 Hill Top St. Dorchester, Mass . Charles A. Bandera Designer Stone & Webster Eng 11 Hastings Road 49 Federal Street Boston, Mass . James R. Beall Elec Helper N.E.Tel. & Tel . Co. 134 Mass . Avenue 185 Franklin Street Boston, Mass. Russell H. Bean Engineer Raytheon Company 2300 Mass . Avenue Wayland Lab ,Wayland Raymond Beals Chemist Linden Co. Inc . 26 Cary Avenue 296 N. Beacon St. Brighton, Mass . Ernest T . Berglund Teletype Insp. Western Elec Company 5 Tavern Lane 705 Mt. Auburn St . Watertown, Mass . Nelson A. Berry Mechanic Davis Sq. Linoleum 36 Albemarle Avenue 399 Highland Avenue Somerville , Mass . Clifford W. Birch, Jr. President Birch Brothers Inc . 34 Grove Street Gen Mgr 32 Kent Street Somerville , Mass. Robert O.F. Bixby C .P.A. Price Waterhouse & Co. 32 1illiams Road 75 Federal Street, Boston Murray D. Blahk Production The Mitre Corporation 21 Paul Revere Road Control Mgr. Bedford, Mass . William J. Blackstock Scientist Ac D. Little , Acorn Park 8 Tyler Road Cambridge , Mass . Carl Blake 4 Wachusett Circle Scientist Lincoln Laboratory Lexington, Mass. I Alfred E. Blanchette 320 Concord Avenue Ins Sales , Boston Mutual Life 273 Elm Street Somerville, Mass 32 1,-' BUSINESS NAME & ADM:MS OCCUPATION ADDRESS Alvin V. Block lingineer Geophysics Corp. of I 37 Wyman Road America 700 Commonwealth Ave Boston, Mass . Herbert L. Bogen Architect & Herbert L. Bogen A.I .A. 13 Barberry Road Planner 83 Newbury Street Boston, Mass. Harold L. Bradford Manager Wilson & Co. , Inc . 341 Lowell Street 131 State Street Boston, Mass . Richard 0. Bramhall Salesman Interstate wielding 17 Gleason Road Supply Corp. 101 Binney Street , Camb. John F. Brennan Management Bromfield Associates 16 Hudson Road Consultant 175 Huntington Ave . Boston, Mass . Donald B. Brick Engineer Sylvania Elec Prod.Co. 4 Blueberry Lane 100 First Avenue Waltham, Mass . I Lawrence F. Broderick P.O. Supervisor U S. Post Office 260 Marrett Road South Postal Annex Boston, Mass . Paul K Brown Biochemist Harvard U niversity 9 Richard Road Cambridge, Mass Harry F. Buckley Supervisor N.E. Power Service Co. 26 Whipple Road. 441 Stuart Street Lauren M. Burgess Engineer Precision Line Inc . 227 Follen Road 63 Main Street Maynard, Mass . Bryant F. Burtt R. R. Conductor B & M Railroad 43 Follen Road Boston, Mass William F Byers Engineer General Radio Co. 28 Fairlawn Lane 22 Bai.er Ave . , Conctord Arthur J. Campbell Printer Hearst Corporation 157 Lowell Street 5 Winthrop Square Boston, Mass . Joseph A Campbell Dist .Sales Universal-Rundle Corp. I 38 Kendall Road Manager 80 Coolidge Hill Rd. Watertown 72, Mass . 33 1 BUSINr:SS NAME & ADDRESS OCCUPATION ADD:SSS IFrancis D. Carey Asst Mgr. Raytheon Company 11 Dee Road Research Division Waltham, i'iaEs Ivar D Carlson Sales Chevrolet Motor Div 175 Grove Street General Motors Corp. Newton Upper Falls John E. Carlson Accountant Avco Corporation 97 Cedar Street Wilmington, Mass Oscar R. Carlson Asst Treas N E. Tel . & Tel . Co. 23 Hayes Avenue 185 Franklin Street Boston, Mass Walter C . Carmichael Designer American Optical Co. 7 Appletree Lane (Industrial) 80 Heard Street Chelsea, Mass . Francis P Carney Estimator Francis P Carney 126 Burlington Street 241 Washington Street Somerville , Mass. ' A, Selkirk Carter Salmnan Wilson Co Inc . 34 Downing Road 131 State Street Boston, Mass. William V. Casey Estimator Industrial Stainless Steel 54 Farmcrest Avenue 255 Bent Street Cambridge , Mass . Edward J. Cassidy Insurance The Employers ' Group 173 Cedar Street 40 Broad Street, Boston Royal D. Chandler Mech. Design Raytheon Mfg. Co. 101 Grove Street Maynard, Mass . Stanley K. Chao Elec. Engr. Sylvania Electric 9 Alpine Street 189 B Street Needham, Mass. Richard W. Chase Pur Agent High Voltage .0.%ng.0 orp, 111 Burlington Street South Bedford Street Burlington, Mass Bertram E. Chatel Engineer Raytheon Company 122 Grove Street Missile Systems Div. Bedford, Mass . I Albert W. Chester Mfg. Rep. Edward Blake Co. 24 Winchester Drive 437 Cherry Street W Newton, Mass . 34 r� n in BUSINESS NAME & ADDR 'SS OCCUPATION ADDRESS Thomas A Clear, Jr. Supervisor Security Mills, Inc . 26 Cliffe Avenue 24 Munroe Street Newtonville , Mass . Robert W. Cloud Engineer High Voltage Eng.Corp 18 Hastings Road Burlington, Mass Arthur L. Cody Micro Film Burroughs Corp 14 Albemarle Avenue 240 Newbury Street Boston, Mass Fred Colby Elec . Engr. Raytheon Company 7 Great Rock Road Waltham, Mass . Clinton A. Coolidge Manager Boston Mutual Life Ins . 15 Benjamin Road 680 Main Street Waltham, Mass. James A. Collins Rate Engineer N E Power Service 3 Smith Avenue 441 Stuart Street, Boston, Mass . Albert F. Conrad Engineer Raytheon Mfg. Co. 9 Ross Road 100 River Street Waltham, Mass Robert G. Converse Mfg. Rep. L. C . Price & Co. 40 N. Hancock Street 143 Broadway Cambridge, Mass . Chester T. Cook C .P.A Hollis H. Sawyer & Co. 26 Wyman Road 79 Milk Street Boston, Mass . Percy A. Coomber Manager Advance Ind. Inc . 40 Bloomfield Street 640 Memorial Drive Cambridge, Mass Charles Copeland Sales Ngr. Personal Products Co. 9 Benjamin Road Milltown, N.J. Philip A Cruickshank Organic Chemist Research Inst . for 67 Spring Street Medicine & Chemistry Cambridge, Mass James A. Cunha Manager Berman' s Motor Express, 14 Blueberry Lane Inc . Medford, Mass . John G. Danielson Architect John G. Danielson 19 Winchester Drive 18 Tremont Street Boston, Mass . I/ 35 I NAME & ADDRESS OCCUPATION BUSINESSADDRESS Mercurio Dankese Clerk U. S. Department of Labor 87 Lincoln Street Customhouse Providence , R I . Melvin J. Davis Accountant John C . McDonald Ins . 314 Concord Avenue 40 Central Street Boston, Mass Quentin E. Davison Bank Officer Mdsx.Cty.Nat ' l Bank 3 Appletree Lane 1 Salem Street Malden, Mass . James E. Day Real Estate Burlex Realty 36 Vaille Avenue (self-employed) 64 Mdsx. Turnpike Burlington, Mass . Max Degan Engineer Raytheon Mfg. Company 50 East Street Missile System Div. Bedford, Mass. Verner S. Dempsey Engineer U.S.A.F. Research Center 6 Locust Avenue Bedford, Mass. I John H. Detwiller 14 Smith Avenue Sales Eng. Mobil Oil Company 648 Beacon Street Boston 15, Mass . Ernest Digout Tech. The Calidyne Co. Inc . 391 Lincoln Street Winchester, Mass. P. Lawrence DiRusso Engr Star Television-Beecher 15 Locke Lane Hobbs Inc . 1416 Beacon St . , Boston Robert V. Dodd Accountant M.I .T. Lincoln Lab. 16 Bates Road Lexington 73, Mass Richard E. Dolbear Electronics Edgerton, Germeshausen & 274 Marrett Road Grier, Inc . 160 Brookline Ave . , Boston Walter J. Donahue Suptt . Carr Fastener Company 4 Laurel Street 31 Ames Street Cambridge) Mass . Joseph C Donnelly C .P.A. Robert, Finnigan & Lynah 132 Follen Road 136 Federal St. , Boston I Edward R. Dubois Salesman Raytheon Company 207 East Street Bedford, Mass. 6 N r-i n cm BUSINESS NAME & ADDRESS OCCUPATION ADDRESS Albert V Dubsky Elec. Engr. Camb. Electron Ac- 267 Lowell Street celerator 44 Oxford Street Cambridge, Mass . Robert J. Dunn Pressman Houghton Mifflin Co. 27 Harding Road River Street Cambridge, Mass. Ivan G. Easton Engr. Mfg. General Radio 16 Winthrop Road West Concord,Mass . Charles H. Ehlers Mgr. Dewey & Almy Chem. Co. 8 Blodgett Road Div of W.R.Grace Co. Cambridge , Mass . Herbert W. Eisenberg Architect S S. Eisenberg 470 Concord Avenue 739 Boylston Street Boston, Mass. Curtis S. Elliott Executive Lincoln Mfg. Co. Inc . 90 Blake Road 183 Essex Street Bostjn, Mass . John L. Ennis Chemist Arthur D. Little , I 62 Bridge Street Cambridge, Mass. Karl A. Ernst Parts Mgr. Mawhinney Motor Sales 37 Eldred Street 581 Marrett Road,Lex. John M. Erskine Vice President Atlantic Aviation Corp. 41 Harding Road & N.E. Mgr. Logan Airport, Boston John G. Evans Mgr. H. J. Heinz Company 6 Blodgett Road 201 Vassar Street Cambridge Mass Gerald G. Fall, Sr. Night Cashier HallBaking Company 11 Cary Avenue 86 Joy Street, Somerville Samuel L. Fardy Insurance Samuel L. Fardy 29 Pine Knoll Road Broker 40 Broad St. , Boston Richard C . Fay Foreman B. F. Goodrich Co. 10 Milk Street Nichols Ave . , Watertown Daniel J. Fink Chief Engr. Allied Research Associates, 17 Peacock Farm Road Inc . 43 Leon Street, Boston I 37 BUSINESS NAME & ADDR LSS OCCUPATION ADDRESS H. Flanders Pur. Agent First Nat 'l. Stores 11 Lantern Lane 5 Middlesex Avenue Somerville , Mass. Thomas J. Flannery Designer J.C . Adams Co. , Inc . 4 Winston Road 182 Spring Street Cambridge, Mass . Donald E. Flannigan Metal Smith Lawrence Forge -Works 335 Marrett Road 77 Blanche Street Norman G. Fletcher Architect Architects Collaborative 36 Moon Hill Road 63 Brattle St , Cambridge John P. Fontas Salesman Carol Rodger' s 21 Locust Avenue 1350 Broadway, New York Henry B. Foster Broker John W. Rich Co. 27 Sherburne Road #2 Fish Pier, Boston Paul Hollis Fraser Salesman Cadillac Auto Company 17 Crescent Road 808 Corruronwealth Ave . , Boston, Mass i A. Peter Fredrickson 223 East Street Insurance State Mutual of America 92 State Street Boston, Mass . Philip J. Friedlander Executive Friedlander & Golden, Inc . 26 Barberry Road 32 Summ r Street, Boston ' rnest W. Gall Architect Metcalf & Eddy 11 Winchester Drive Boston, Mass. Frank J. Gallagher, Jr. Estimator & Frank J. Gallagher & Co. 14 Appletree Lane Supervisor 580 Huron Ave , Cambridge Gregory L . Galla:-her Asst. Supt Cemetery Div. of Pub.Wrks 24 Dawes Road City of Cambridge James E. Gallagher Research Geophysics Corp of America 26 Spring Street 700 Commonwealth Ave , Boston Thomas A. Gallagher Garage man N.3 Tel. & Tel. Co. 21i. Dawes Road 50 Oliver Street, Boston William Q Gardner Vice President Whiting-Adams Co. Inc . 30 Bloomfield Street Gen. Sales Mgr. 700 Harrison Avenue ,Boston 3$ n in BUSINESS NAME & ADDRESS OCCUPATION ADDRESS John A. Garofalo Helper N. E. Tel. & Tel . Co. I 39 Arcola Street 6 Botdoin Sq. , Boston Harry L. Garrett Salesman Merrimac Valley Dist . Co. 29 N. Hancock Street 309 Andover Street Lawrence , Mass . Francis M Garth Engineer General Dynamics 33 Peacock Farm Road c/o Mitre Corp. Lexington 73, Mass . George C Gates Executive Schiavone & Sons , Inc 17 Wheeler Road Mystic Docks Charlestown 29, Mass . Malcolm R. Gavin Engineer Boston Edison Company 2)4 Normandy Road 178 Tremont Street Boston, Mass . Myron B. Gilbert Research Camb. Research Cent . 7 Wheeler Road Bedford, Mass . Richard J. Gilbert Estimator & J. J. Vaccaro Inc. 20 Winchester Drive Const . Supt. 511 Mystic Avenue I Somerville , Mass . Edward L. Gilfix Supervisor Datamatic Div. Minn- 4.2 Peacock Farm Road eapolis Honeywell New IOOlands, Mass . Irving ( oldstein Engineer Raytheon Company 31 Peacock Farm Road Waltha t, Mass. Jam s D. Gordon Raytheon Company 23 Hilltop Avenue Wayland Laboratory Wayland, Mass . Alfred E. Gorell, Jr. Salesman MacNeil Insurance Agency 22 Hamilton Road Lexington 73, Mass . Walter Gougian Superv. General Electric Co. 16 Foster Road 1)40 Bederal Street, Boston Daniel J. Gow Foreman Harvard University 3 Ingleside Road Cambridge, Mass. Robert C . Grey Manager Millard Brass & Cop- 144 Marrett Road per Co. , Inc . 823 Albany St. , Roxbury I 39 BUS NAME & ADDRESS OCCUPATION ADDRESS William C . Griffiths Maintenance Simmons College 7 Locke Lane 300 The Fenway Marvin E. Groll Sales Mgr Sylvania Electric 19 Wachusett Drive 100 Syl•ran Road Woburn, Mass . Stanley Gruber Bank Off. & 32 Peacock Farm Road Treasurer Chestnut Hill Coopera- tive Bank 1218 Boylston Street C estnut Hill 67, Mass Donald L. Guernsey Chemist Mas: . Inst ofTech. 9 Pine Knoll Road Cambridge, Mass . Leland S. Hager Engineer The Mitre Corp. 1 Dewey Road Bedford, Mass . Roy Haines Inspector G=neral Electric Co. 511 Concord Avenue 920 Western Ave , Lynn,Mass Stephen V Hall Spook Broker Harris, Upham & Co II 29 Normandy Road 136 Federal Street Boston, Mass. Robert R. Hamblin Auto Dealer Hamlin Motor Sales, Inc . !.F Fiske Road Watertown, Mass . Robert F. Hamlet Engineer MSTG & G Department 22 Stimson Avenue General Elect is Co. Lynn, Mass . Plemen C . Hamm Manager Federal Reserve Bank 31 Independence Avenue 30 Pearl Street, Boston William Hammer Plant Mgr . Elizabeth Webbing Mills ,Inc 15 Fiske Road Pawtucket, R I . Albert J.Harcher Works Mgr. Clevite Transitor Prod 3 Blodgett Road 241 Crescent Street,Waltham Lawrence R. Harding Dist .Sales Delta Power Tool Div. 21 Battle Green Road Manager Rockwell Mfg. Co. Pittsburgh, Pa . William D.Harrigan Real Estate William D. Harrigan I122 Marrett Road Self-employed 122 Marrett Rcad, Lex. J 1.1 1.0 sm BUSINESS NAME & ADDRESS OCCUPATION ADDRESS Edward T. Harrington Manager Cambosco Scientific Co 22 Burlington Street Brighton, Mass . Paul J. Harris Elec . Engr. Lincoln Laboratory 1+7 Peacock Farm Road Lexington 73, Mass . John N Haskell Tel . Worker N.E. Tel . & Tel . Co. 25 Chase Avenue Pleasant St. , Arlington Henry V. Hawkins Tool Maker Raytheon Company 11 Shirley Street Waltham, Mass. John F. Hayden Analyst R.C .A.E & P Office 4 Davis Road 200 Berkeley Street Boston, Mass . Charles E. Heath Ins Represen- Met . Life Ins . Co. 70 Burlington Street tative 267 Moody Street Waltham, Mass . Richard A. Hemstreet Foreman Richard A. Hemstreet 6 Albemarle Avenue self-employed 6 Albemarle Avenue Harold Henrig Manager Market Research Dept . I 15 Whipple Road Raytheon Company 55 Chapel Street Newton 58, Mass . C Theodore Henshaw Buyer Lincoln Laboratory 50 Dexter Road Lexington 73 , Mass . John H Hinchliffe Sales Engr. Jones & Lamson Machine 4 Washington Street Clinton Street Springfield, Vermont Frances C . Holbrook Secretary Harvard School of Busi- 7 Baskin Road ness Administration Soldiers Field, Boston John H Hddsworth Acct. Lybrand, Ross Bros & 10 Lee Street Montgomery 80 Federal St .Boston Howard W. Hollis Research Raytheon Company, 5 Paul Revere Road Airborne Electronics Equipment Center Sudbury, Mass . Arnold E. Howard Adm Head Dept . Natural Resources I 14 Robbins Road 15 Ashburton Place Boston, Mass . 41 BUSINESS NAME & ADDR;SS OCCUPATION ADDRESS Franklin Howell Insurance Great Am Ins . Co. 108 Woburn Street 4 Liberty Sq. Boston Wallace E. Howell Meteorologist W. A How,_ ll Assoc 35 Moon Hill Road Box 163, Lexington Ivan K. Hoyt Executive A.W. Hastings & Co. Inc 11 Eliot Road 373 Highland Avenue Somerville , Mass Walter J Hucksam Pur. Agent Chandler & Farquhar 57 Colony Road 900 Commonwealth Ave . Boston, Mass . Paul W. Huprich Manager Armour & Company 17 Lantern Lane Chicago, Ill . Arthur H. Irwin, Jr. Asst. Treas . Wirthmore Feeds Inc . 80 Middle Street 343 Winter Street Waltham, Mass Robert M. Jacobs Engineer Stone & Webster Corp. I 2 Lexington Avenue 49 Federal St. , Boston Frank G. Jason Reporter Comm. of Massachusetts 2 Chandler Street Dept. of Co-rmerce John G. Jelatis Research M.I .T. Lincoln Lab. 27 Tyler Road Physicist Lexington 73, Mass Merton H. Jillson Asst. Treas Penobscot Chemical 20 Richard Road Fibre Company 211 Congress Street Boston, Mass . Clarence W. Johnson Prod. Mgr. Henry Loudon Adv. 9 Battle Green Road 705 Statler Off. Bldg. Boston, Mass . Robert E. Johnson Sales Marsh Wall Products 16 Locke Lane 18 Moulton St. , Cambridge Robert L. Johnson Elec . Robert L. Johnson 10 Burnham Road Self-employed 10 Burnham Rd. , Lexington Daniel A. Jones Manager Matti. Cash Register 30 Colony Road Boston, Mass . 1 2 QM i BUSINESS NAME & ADDR^SS OCCUPATION ADDRESS Alvie L. Jorgensen Section Head Raytheon Coni 23 Normandy Road Old Sudbury Road Wakland, Mass . George Kalell Manager Matthew Riseman 36 Eldred Street 75 Kneeland Street Boston, Mass . David Karen Elec Engr M.I .T. Lincoln Lab. 20 Justin Street Lexington 73, Mass. Jeremiah J. Kasey Printer Cont .Corp. of America 143 Maple Street 200 Boston Avenue Lexington 73 , Mass Medford, Mass . Myron A Kaye Foreman M.T.A. 35 Cary Avenue 31 St. James Avenue Bostcn, Mass . Wilfred A Kelber Chemist Dewey & Almy Chem. Div. 36 Sherburne Road 62 Whittemore Ave . Cambridge , Mass Samuel Kitrosser Photo. Engr. Itek Corporation I 23 Oakland Street 700 Commonwealth Ave . Boston, Mass . Myer Kolker Engineer Mitre Corporation 49 Bridge Street Lexington 73, Mass George Kovch Manager Foster Grant Co. Inc. 33 Barberry Road prod.develop. North Main Street Leominster, Mass . Manfred Kuehnle Engineer Itek Corporation 304 Marrett Road Crescent Street Waltham, Mass William B. Ladd, Jr. Sales Mgr H.G. Davis, Inc . 8 Robbins Road 45 Moulton Street Cambridge , Mass . Don W. Lambert Mgr. United Cork Companies 6 Barbell Street 122 Arsenal Street Watertown, Mass . William J. Lederman Pharmacist E. R Squibb & Sons 28 Tyler Road 31 Cambridge Pkwy. Cambridge , Mass . I 43 BUSINESS NAME & ADDR":SS OCCUPATION ADDR 'sSS I Charles J. Lehan Supero New Eng Tel. & Tel Co. 78 Harding Road 233 State Street Boston , Mass Eliot Leonard Store Mgr Harvard Coop Soc 2 Peacock Farm Road Cambridge , Mass . Philip E. Lewis Controller Cambosco Scientific 2 Forest Street 37 Antwerp Street Br.,, hton, Mass . David P. Lieb Engineer Raytheon Company 1 Ames Avenue 55 Chapel Street Newton, Mass. Frank U. Liva Engineer Raytheon Mfg '- o 27 Whipple Road Missile Div. Waltham, Mass Charles I. Lohr Insurance Lohr Ins Agency 15 Harding Road 10 State Street Boston, Mass . Perry D Lord Architect Jackson & Moreland Inc . 17 Patriots ' Drive Park Sq. Bldg. Boston, Mass . Laurence E Lovering Sales Samuel Holmes Inc . 16 Battle Green Road 8L Clinton St. Boston, Mass. Edwin J. Maguire Supervisor American Biltrite Rubber Co. 127 Maple Street mill room 22 Willow Street Chelsea, Mass Murray E. Malin Dept . Mgr . Avco, RAD 19 Demar Road Wilmington, Ma ss . Edwin L. Manter Analyst Am Mutual Liability Ins Co 6 Larchmont Lane Programmer Wakefield, Mass. Forrest K. Marcy Engineer Sanborn Company 167 Cedar Street 175 Wyman Street Waltham, 54, Mass . Stewart Marks Dept. Head Fasteners, Inc. 19 Downing Road 161 Prescott Street E Boston 28, Mass . I Richard H. Martin 117 Cedar Street Clerk Western Elec . Co. , Inc. 705 Mt Auburn St. Watertown, Mass . 44 BUSINESS NAME & ADDRESS OCCUPATION ADDRESS Louis A Martineau Shipper J L. Thomson Mfg. Co. III 516 Mass . Avenue Waltham, Mass . Roy B. Maynard Mechanic Mirak Chevrolet Inc . 6 Grove Street WIO Mass . Ave . , Arlington, Mass . Benjamin J. Mayo, Jr. Salesman Imperial Color Chemical 11 Dawes Road & Paper Corp. Boston, Mass Clyde T. McArdle Health Ins . Mass . Hospital Ser 51 Harding Road 133 Federal St . , Boston William F.McBride Technician Lincoln Laboratory 9 Bernard Street Lexington 73, Mass . Warren L. McCabe Aero Eng M.I T. 21 Fern Street Cambridge, Mass . James J. McCarthy Machinist Carr Fastener Corp. 25 Eldred Street Cambridge , Mass . John F. McCullough, Jr. Machinist General Radio Co. 121 Cedar Street Concord, Mass I Gene W McDaniel Physicist Baird-Atomic, Inc. L Hawthorne Road 33 University Rd. Cambridge, Mass . Donald McFlman Sales Mgr. Perkins Mach.0 o Inc 74 Blossom Street Route 128, Needham Edward M. McGovern Tel . Worker N. E. Tel & Tel Co. 260 Bedford Street Boston, Mass . Lloyd R McIntosh Research High Voltage Eng.Corp. 15 Childs Road Burlington, Mass . George H McManis Sales Ward Baking Company 39 Normandy Road Commercial Street Medford, Mass . Wayne A . McRae Director of Ionics, Incorporated 25 Peacock Farm Road Research 152 6th Street Cambridge , Mass . Edward L. Mears Executive Dewey & Almy Chem. 15 Lantern Lane 62 Whittemore Ave . Cambridge, Mass . I 45 BUSINESS I NAME & ADDRESS OCCUPATION ADDRESS Harry W Merriam Ass ' t Treas . Harvard Trust Co. 21 Minute Man Lane Cambridge , Mass Kenneth H Messinger Foreman International Equip Co 3 Valley Road 1284. Soldiers ' Field Rd Brighton, Mass . Roger W Milligan Engineer Allied Research Associates 5 Russell Road 43 Leon Street Boston, Mass . Gregory Milona Sales Powell Muffler Co. Inc 248 Waltham Street 4235 W. 42nd Place Chicago 32, Ill. James H. Mollenauer Super .Elec. Federal Aviation Agency 35 Tyler. Road Scientist Washington 25, D C . Lloyd H. Morey Ship chandler Comm.Ship Supply Co. 12 Daniels Street 237 Northern Avenue Boston 10, Mass. John J. Murphy Manager of Raytheon Company 22 Crescent Road Procedures Lowell, Mass . Wilbur E. Neal Section Raytheon Co. 107 Cedar Street Manager Boston Post hoad Sudbury, Mass . William L . Nelson Ins . Adj . William L. Nelson 4 Burnham Road (self-employed) Mdsx Adjustment Ser . 4 Federal St. , Wobi.nn Robert M Nuovo Sales Robert M. Nuovo 33 Lawrence Lane (self-employed) 33 Lawrence Lane , Lex. Anne B O' Brien Adm. Ass ' t. Nat 'l. Labor Relations Boars 5 Lawrence Lane 24 School St . , Boston, Mass . Joseph V,. O'Loughlin Manager Westinghouse Elec . Corp 28 Lawrence Lane 95 Brookline Ave . Boston Alfred E Oliva Sales Mgr. Russell Burnett Inc . 20 Buckman Drive 747 McGrath Hghy. Somerville , Mass. avid J. O'Riorden Navy elec Boston Naval Shipyard I 19 Ames Avenue mechanic Charlestown, Mass . 460-3 n War BUSINESS an NAME & ADDRESS OCCUPATION ADDRESS Harold H Parker Engineer Raytheon CompanyIII 30 Eaton Road Foundry Avenue Waltham 54, Mass . H Morse Payne Architect A Uhitects Collaborative 502 Concord Avenue 63 Brattle Street Cambridge , Mass . Arthur J. Pennell Engineer Baird-Atomic, Inc . 6 Upland Road 33 University Rd Cambridge, Mass . John E Penney Ass ' t.Foreman Met. Transit Authority 153 Cedar Street Boston, Mass . Woodbury M. Philbrook Engineer Harvard University 49 Grassland Street 57 N. Harvard Street Allston, Mass. Walter S. Pierce Self-em,loyed Walter S. Pierce 16 Trotting Horse Drive 1430 Mass . Avenue Cambridge, Mass . Warren L. Prescott Supervisor Boston Edison Company 27 Grove Street 39 Boylston Street Boston, Mass . Donald T Pring Banking First Nat'l .Bank of 20 Vine Brook Road Boston 67 Milk Street, Boston Lawrence A Quick Salesman Dan River Mills 23 Eliot Road 38 Chauncy St . Boston, Mass . Walter C Radford Truck criver Atlantic Stores,Inc . 30A Watertown Street 127 Smith Place Cambridge, Mass . Harry C . Rauscher Project Engr. S31vania Products Inc . 60 Williams Road Data Systems Operation 19 "B" Street Needham, Mass . Hugh D. Redick Air Cond. Polaroid Corporation 38 Adams Street Mechanic 730 Main Street Cambridge, Mass . Parker C . Reed Engineer Sylvania Elec . Products 27 Hayes Avenue Inc . I 100 First Avenue Waltham 54, Mass . George Pettinelli Compositor Typographic House, Inc . 51 Bridge Street 63 Meicher Street Boston, Mass . 47 BUSINESS NAND & ADDW SS OCCUPATION ADDR;SS Lewis M Richards Oil Burner General Oil Company L130 Massachusetts Ave . Service 232 Mystic Avenue Medford, Mass . Julius C . Ritter Welding Engr. Boston Naval Shipyard 13 Pine Knoll Road Charlestown, Mass . Boyd W. Robinson engineer Gregory Industries 8 Nowers Road Lorain, Ohio Thomas Roderick Maintenance Carter Ink Company 33 Eldred Street Cambridge, Mass. David W. Sampson Economist 1cGill Commodity Ser- 5 Hawthorne Road vice , Inc 2108 Commonwealth Ave . Auburndale 66, Mass . Willard C . Sargent Engineer High Voltage Eng. Corp 58 Spring Street 50 Bedford Road Burlingtnn, Mass . Charles A. Schulte Mech. Engr . Arthur D. Little, Inc . 20 Baskin Road Cambridge , Mass . Lincoln R. Shedd Engineer A. F. Cambridge Research 7 Bellflower Street Center L.G. Hanscom Field Bedford, Mass . Leon Sherlock Electr. Flow Corporation 32 Bridge Street 85 Mystic Street Arlington 74, Mass . Leon Shriber Manager Union Paste Company 8 Ballard Terrace 1605 Hyde Park Ave . , Hyde Park 36, Mass . Edward G Simeone Accountant Rust Craft Publishers 12 Stimson Avenue Dedham, Mass. George M. Sinclair Supt . Vulcan Construction Co. 163 Cedar Street 27 Haymarket Square Boston 14, Mass. Camille B. Skov Electro-Mechanical Guild Associates 8 Hawthorne Road Manufacturer 8 Hawthorne Road Philip H. Slade Manager Lewis E. Tracy Co. 6 Nowers Road 121 Alewife Brk.Pkwy Cambridge, Mass. 48 I, + mop BUSINESS NAME & ADDRESS OCCUPATION ADDRESS Frederick Slader Buyer Cutter, Wood & Sander- 25 N. Hancock Street son Third Street Cambridge , Mass . Charles L. Spencer, Jr. Sales Globe Newspaper 8 Cary Avenue Boston 7, Mass . John B. Steele, Jr. Tech M.I.T. Lincoln Lab. 384 Marrett Road 244 Wood Street Lexington 73, Mass . Earl W. Stevens Adm. Wirthmore Feeds, Inc . 53 Buckman Drive 343 Winter Street Waltham 54, Mass . Eben Stinchfield Mgr. H K. Porter Company 231 Bedford Street Vulcan-Kidd Steel Div. 61 Moulton Street Cambridge, Mass T'-eodore T. Stopyra Sup :ry M.M. Mades, Inc . 10 Locke Lane 67 South Street Somerville, Mass . Francis E. Thompson Journeyman Houghton Mifflin Co. 7 Albemarle Avenue Cambridge, Mass . Gordon B. Townsend Clerk Nat' l. Aniline Div. 9 North Hancock Street Allied Chemical Corp. 150 Causeway Street Cambridge, Mass Robert B. Townsend Sales Eng. Paul G. Yewell 265 Bedford Street 6 Leeland Terrace Lexington 73, Mass . George R. Tucker Superv. Erlm. Farm Foods Co. 17 Locke Lane 600 Columbia Road Dorchester 25, Mass . Jack G. Wallens Insurance A. Yarchin & Co. Inc . 35 Barberry Road 80 Broad Street Boston, Mass . John F. Watt Electrician John F. Watt 37 Harding Road 37 Harding Road, Lex. I 49 BUSINESS NAMc. & ADDRES: OCCUPATION ADDRESS Francis E. Way Sales Phoenix Mutual Life 21 Appletree Lane Ins . Co. 100 State Street Boston, Mass Alden W Weimar Salesman Unistrut-Northeast Inc 9 Henderson Road 6 Franklin Street Boston, Mass . Ernest E Weldon Banking Union Market Nat'l Bank 20 Crescent Road Watertown, Mass Roger T. Westcott Manager & S. B. Green & Co. , Inc . 3 Foster Road Asst. Treas 314 Arsenal Street Watertown, Mass Raymond Wexler Meteorologist Allied Research Assoc 7 Dewey Road 43 Leon Street Boston, Mass Paul T. Whipple Engineer Grant Gear Works, Inc . 15 Belfry Terrace 154 W. Second Street So .Boston, Mass . Russell B. Wight Off. Mgr. Addison-Wesley Pblg Co. 3 Burnham Road Reading, Mass . Edwin R. Wilbur Salesman Clakk-Wilcox Co. 14 Pine Knoll Road 118 Western Avenue Allston, Mass . Bruce Wilkins Detective Dukes Corporation 15 Wachusett Dtive Agency 78-17 37th Avenue Jackson Hts . New York James B. Williams Scientist Atomium Corp. 10 Stratham Road 940 Main Street Waltham, 54, Mass . William Willing Prod Cont . Smithcraft Corp. 18 Red Coat Lane Manager Chelsea 50, Mass . James W. Wilson Adm. Asst. Mass.Hospital Service 8 Revere Street 133 Federal Street Bosi,on, Mass . Paul B. Wilson , Jr. Elec . Eng. Interference Testing & 32 Barberry Road Executive Research Lab. , Inc . I 150 Causeway Street Boston, Mass . 50 r•.? BUSINESS NAMg & ADDRESS OCCUPATION ADDRESS Kenneth F. Woelfel Branch Mgr Brunswick Corporation 11 Prospect Hill Road 623 So. Wabash Ave . Chicago, Ill. Cyrus Wood Asst. to Pres. Raytheon Company 9 Prospect Hill Road Foundry Avenue Waltham, Mass . Edward L. Worth Mech. Engr. Itek Corporation 17 Blueberry Lane Trapelo Road Waltham, Mass . Malor Wright Engineer Itek Corporation 85 Bridge Street Waltham 54, IViass . Murray Zelikoff Manager of Geophysics Corp. of 183 Cedar Street Research America 700 Commonwealth Avenue Boston, Mass . The Chairman discussed the McCormack-Brun land, adjacent to the Harrington School, with the Planning Board The Selectmen were in agreement that the ac- quisition of the land is desirable, and felt that the payment of $12,000, proposed by the Planning Board, was fair. The meeting adjourned at 10:1j5 P.M. A true record, Attest Exec t ive lerk j Select en i 1, 51 SELEJ TMLN 'S MEETING July 5, 1960 A special meeting of the Bca ruof Selectmen was held in the Selectmen ' s Room, Town Office Building, on Tuesday, July 5, 1960, at 5 00 P.M. All members of the Board were notified, Chairman Morey, Messrs . Adams, Cole , Mr. Carroll, Supe ^intendent of Public Works, and the Executive Clerk were present . The Chairman explained that the meeting had been called to authorize Mr. Carroll, Town Treasurer, to borrow funds for which he received bids for School, Sewer and Street bonds in the amount of $1,495,000 . She read a letter from Mr. Carroll towhich was at- tached a list of the bids received. Borrowing Upon motion duly made and seconded, it was voted that the sale to Halsey, Stuart & Co. , and Associates at the price of 100 .7099 and accrued interest of the following 3 .60 per cent bonds of the town dated July 15, 1960: $1,045,000 School Project Loan, Act of 1948 (Nos. 1 to 1045) payable July 15 $55,000 in 1961 to 1969 and $50,000 in 1970 to 1980 and reciting that they are issued pursuant to Chapter 645 of the Acts of 1948 as amended and a vote of the town duly passed, $330,000 Sewer Bonds (Nos 1 to 330) payable July 15 $20,000 in 1961 to 1966 and $15,000 in 1967 to 1980 and reciting that they are issued pursuant to Chapter 44 of the General Laws as amended and votes of the twwn duly passed, $120,000 Street Bonds (Nos . 1 to 120) payable July 15 $15,000 in 1961 to 1964 and $10,000 in 1965 to 1970 and reciting that they are issued pursuant to Chapter 44 of the General Laws as amended and a vote of the town duly passed, is hereby approved. The Chairman read a letter from Dun & Bradstreet, Inc., to which was attached six copies of Lexington' s Credit Report . She suggested that a copy be sent to the Appropriation Committee , Capital Expenditures Com- mittee and the League of women Voters However, the Credit letter suggested that the information was confidential report and she agreed to obtain permission from Dun & Brad- street before making the rports available to the three groups . 452 Mr. Carroll referred to bids received on June 20 for sidewalk work and reported that Southeastern Land- scape Corporation was low with a bid of $8, 687 .00. He explained that the specifications were drawn up by the Town engineering department. The bidder' s '-background has been checked, financial record and work record., and reports favorable . He recommended that the contract be awarded. He explained that George Brox, who appeared Sidewalk to be low bidder, was in error and his total should have bid. been $11,600. Upon motion duly made and seconded, it was voted to award the contract for sidewalk construction to the low bidder, Southeastern Landscape Corporation, at its bid of $8, 667.00. Mr. Carroll reported that bids had been received for work on the Civil Defense room. He explained that the plans and specifications were drawn up by Mr . Charles Co]s to, basically, the specifications of Mr. Burrell, Civil Defense Director . Soule Brothers were the low bidder with a bid of $3,463 The only other bid, $4,739, was received from Tropeano. Mr. Carroll said that he had $4,000 to do the work Civil some of which was used to fix the floor and do some 'defense engineering work. The total amount authorized will be tcom bids in excess of what was actually in the breakdown. The bid on the steps was $1900( and he had $3,000 for that item. He explained that in the Town Offices and Cary Memorial budget the total items approved is $1,000 less than the amount approved. He said he would send a letter to the Appropriation Committee advising them of that fact and informing them that he will not request an additional $1,000 unless it is necessary. The Chairman said the $1,000 he found in the budget could make up the extra cost in the Civil Defense room. Mr . Adams asked if matching funds were available and Mr. Carroll replied that he thought they were . Mr. Adams asked if Mr. Richard Soule was a member of the Civil Defense organization and Mr. Carroll re- plied in the affirmative explaining that he had nothing to do with the designing. No decision was made and the subject_ is to be discussed at the next regular meeting of the Board. The Chairman reported that Mr. Stevens had dis- cussed acquisition of the parcel of land situated on Meriam Stre t and abutting the Boston & Maine Rail- Off-street road with Mr. Counihan, attorney for Mr . Cataldo. par!Ving area Upon motion duly made and seconded, it was voted �la.ns to authorize Mr . Carroll to engage Whitman & Howard 53 to prepare plans for the establishment of an off-street parking area on the above mentioned parcel, and to pay for these plans from the $25,000 appropriated at the Annual Town Meeting this year for the acquisition of the land and construction of the parking area. The Chairman reported that the Fire Department was short of hose during the recent water emergency and the Fire Commissioners inquired as to how much they could spend for additional hose . In discussing the subject with Mr. Stevens and Mr Carroll, it was Transfer determined that this was an emergency. She explained that she authorized the acquisition of 1,000 feet of hose and advised Mr. Roeder that she would ask the Board to request the Appropriation Committee to trans- fer the sum of $810. Upon motion duly made and seconded, it was voted to approve the Chairman' s action in authorizing the purchase of additional hose due to the emergency, and to request the Appropriation Committee to transfer the sum of $810 from the Reserve Fund to the Fire Depart- ment Expenses Account to provide for the unforseen expenditure resulting from the emergency caused by lack of water in certain high areas of the Town. Upon motion duly made and seconded, it was voted to lift the midnight to 10:00 A.M. ban on watering, but to continue the every other day restriction. Mr. Carroll retired at 5:25 P.M. Upon motion duly made and seconded, it was voted to grant Yearly Dump Permits to the following individuals all residents of Lexington but whose trucks are garaged outside of Lexington: Yearly Andrew W Rennie 10 Farmcrest Avenue Dump Permits Frederic B. Hubley t. Stetson Street Anderson Window Co. 366 Mass . Ave . Arlingtcn (Calvin H. Belbin, 91 Adams Street, Lexington) These individuals will use the companies' trucks to deposit rubbish collected from their homes in the Dump. Upon motion duly made and seconded, it was voted to grant a Taxi Driver ' s license to Thomas F. DeGeorge , 158 Massachusetts Avenue , satisfactory character refer- encerhaving been received from the Chief of Police . Mr. DeGeorge will drive for the Lexington Cab Company The meeting adjourned at 5 30 P M. A true record, Attest: p � e ive rk, Sele men r .Q Th6 r�"t. * . i--g 54 SET,EC TMEN 'S MEETING July 11, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, July 11, 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams, Ferguson, Richards and Cole were pre- sent . Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meetings held on June 20, 27 and July 5. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles on Summer Street . Mr. Jones, representing the Boston Edison Com- pany, and .Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing . Mr. Jones advised that it is necessary to obtain approval from the Town before applying to the State , Summer Street being a State highway. Mr. Consilvio said the telephone com pany hopes the permit will be granted by the Town and subsequently go to the State for approval. Mr. Adams asked if the poles would carry lights, and Mr. Jones replied that they would not unless the Town made such a request. The hearing was declared closed and Messrs. Jones and Consilvio retired. Upon motion duly made and seconded, it was voted to approve the petition and sign an order for the fol- lowing j/o pole locations : Summer Street, southwesterly side, north- easterly from a point approximately 75' northwest of Haskell Street, -- Four poles. Mr. John Carroll left the meeting. Mr. James J. Carroll, Town Treasurer, met with the Board, and said he was concerned about borrowings, as there are obligations that have to be met . He re- ported that, upto November 1st of this year, he will need $ 2,092,76 .66, and at present, he has $612,000. act After deducting this week' s payrolls and bi]ls, he will have $500,000. During the interval the payrolls will amount to $443,764. He stated that in addition there will be teachers ' payrolls for September and October, with an increase of 20%, amounting to $360,000. He has loans due next month in the amount of $377,000; $50,000 due September 1st; $50,000 due October 1st, and 760,000 due November 1st. He said that there is no money coming in and in conversation with the Assessors ' Borrowing Department today, was informed that they did not know when the real estate bills will be going out. He re- ported that last year, there were bills sent out the tenth of this month and by October let $572,566.88 was collected and by November 1st $2,542,814.20. He said the situation is serious, and the work in the Assessors ' Department is behind partly because of vacations . He stated that last year, there were over 700 pages of the book on taxes. Since the new girl started this year, only eight pages have been done He said the Assessors told him they were doing the best they can, He stated that $100,000 in excise tax bills were sent out and $49,000 has been collected. Mr. Carroll presented a letter to the Chairman advising that in order to meet the finances of the Town, it will be necessary for him at this time to borrow $1,000,000 in anticipation of taxes. The Chairman asked if a portion of the borrow- ing would be payment of the $750,000 borrowing and Mr. Carroll replied in the affirmative . Mr. Carroll retired at 7:50 P.M. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to obtain bids on a loan of $1,000,000 in anticipation of revenue . Mr. Stevens and Mr. John Carroll met with the Board. Mr. Adams suggested that a representative from the Board obtain accurate information from the Board of Assessors, the Tax Collector, and the Town Clerk on 1.) comparative record of payments; 2. ) How far the Assessors have gone this year and 3.) when the Tax bills bills were sent out last year and how many days after they were sent out the money began to come in. Mr. Ferguson suggested that the same information be obtained fbp the past two or three years. Upon motion duly made and seconded, it was voted to sign contract #3 Trunk Sewer (Minute Man Highlands) , presented by Mr. Stevens, between the Town of Lexington and A. D'Allessandro & Sons at their base bid of $262,222.90. G7 A telegram was received June 30, 1960 from Pitt Construction Corp. entering a protest to the awarding of a contract for sewer laterals to a person other than the low bidder . A telegram was also received July 6, 1960 from John LaCamera Construction Co. Inc. , entering a pro- test to the awarding of a contract for sewer laterals to a company other than the low bidder. Mr. Stevens reported that two or three attorneys called him and as far as he knows, they were satis- fied that the low bidder was not qualified. Mr. Stevens referred to the property the Town Extension is acquiring from Adrian E. E. MacKeen, Jr. , and Anita of time B. MacKeenand reported that they would like to ex- tend the time for delivery of the deed. Upon motion duly made and seconded, it was voted to sign an agreement extending the time for delivery of the deed and payment of the consideration to August 15, 1960. Mr. Stevens explained that he had prepared an Order of Taking by eminent domain a permanent sewer easement and a temporary construction easement for the first step in the construction of the so-called Minute Man Highlands sewer. Mr. Carroll explained the location of the ease- Easements ment on a plan and reported that the individuals in- volved have allbbssacontacted and informed of the proposed locations . Upon motion duly made and seconded, it was voted to sign an Order to take a temporary construction ease- ment and a permanent sewer easement in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held ion the 11th day of July, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof duly held on March 21, 1960, in accordance with the provisions of law applicable thereto, it was unani- mously 57 "VOTED: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine frau about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands, s subject to the assessment of betterments or other- wise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in ad- dition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $336,000.00, and to provide for payment thereof by the transfer of $6,000.00 from the Sewer Assessment Fund and the balance of $`330,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $30,000.00 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 ." ' WHEREAS the Selectmen have determined that in order to install the sewer main from about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands it is necessary that the sewer main be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the pro- visions 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, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land situated on Watertown Street in said Lexington and bounded and described as follows: L 58 Beginning at a point in the northeasterly side , line of Watertown Street at Peacock Farm Road; thence running by a curve to the left with a radius of 20.00 feet along the northerly side line of Peacock Farm Road, distant 20.91. feet to a point; thence turning and running North 590 23' 16" West through lots 1 and "A" and into lot 12B, all as indicated on plan herein- after mentioned, distant 335.46 feet to a point; thence running by a curve to the right with a radius of 794.27 feet through the remainder of said lot 12B and into lot 12A, as indicated on said plan 79.00 feet to aoint ; thence turning and running South 360 18 ' 41" West, distant 10.00 feet to a point in the northeasterly side line •f Watertown Street; thence turning and running by said northeasterly side line of Watertown Street by a curve to the left with a radius of 804.27 feet, distant 801.00 feet to a point; and thence running South 59'' 23' 16" East by said northeasterly side line of Watertown Street, distant 318.14 feet to the point of beginning; all as shown and marked "10' Sewer Easement" on plan entitled "Plan of Sewer Easement Watertown Street Lexington, Mass .", dated April 7, 1960, John J. Carroll, Town Engineer, to be recorded herewith. And we do hereby also so take temporary construction easements, for use in constructing the sewer to be instal- led in the permanent easement hereinabove described in a strip of land having a substantially uniform width of thirty feet extending from Peacock Farm Road to the westerly boundary of the aforesaid lot 12B and abutting the north- easterly line of said permanent easement; all as shown and marked 30' Construction Easement" on the aforesaid plan; and reference to said plan is made and said plan is in- corporated herein for a complete and detailed description of said strip of land The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary or desirable in connection with the afore- said sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than July 11, 1961. Said rights and easements in the land included within the above descriptions are taken without interference with 59 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 re- spective rights in and to the use of their lands for all lawful purposes not inconsistent with the use there- of 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 as good condition as when the entry was made . Any trees upon the land included witin the above de- scribed strips of land are included within the taking. The land in Which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Lots as shown Owner on aforesaid plan Eliot Leonard and Sonya Leonard, 1 husband and wife Mark S. Kramer and Pauline Kramer, husband and wife "A" Walter C . Radford and Florence J. Radford, husband and wife 12B Gustave E.Larson 12A And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. Betterments are to be assessed for this improvement . The area which it is expected will receive benefit or advantage , other than the general advantage to the community, from such improvement is shown on the schedule which is hereto annexed and made a part hereof, and it is hereby estimated that betterments will be assessed 60 upon each parcel of land as shown on said schedule . WITNESS our hands at Lexington as aforesaid, this 11th day of July, 1960 . /8/ Ruth Morey Lincoln P. Cele , Jr. Alan G. Adams Norman J. Richards Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. July 11, 1960 Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole, Jr. , Gardner C . Ferguson and Norman J. Richards, 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 anddeed and the free act and deed of the Town of Lex- ington, nefore me , /s/ Harold E. Stevens Notary Public My commission expires: September 16, 1961 SCHEDULE OF ESTIMATED B TTIILMESTS REFERRED TO IN TEE FOREGOING ORDER Lot as shown on plan referred Estimated Owner to in said order Betterments Eliot Leonard and Sonya Leonard, husband and wife 1 $ 720.22 Mark S. Kramer and Pauline Kramer, husband and wife "A" 807.69 Walter C . Radford and Tlorence J. Radford, husband and wife 121 570.57 Gustave E. Larson 12A 560.81 ' 61 Mr. Richards left the meeting at 8:30 P.M. Upon motion duly made and seconded, it was voted to set Tuesday, September 20, as a tentative date for Town Meeting a Special Town Meeting. Mr. Carroll referred to bids opened on reno- vation and alteration of the Civil Defense Room in Cary Memorial Building . He reported that he had in- vited bids from six or seven local builders and only two were received. He said that Soule Bros. were the low bidders and a question was raised because he is a member of the Civil Defense organization. He explained that, in discussing the subject with Bids Mr. Stevens, he realized tht he had not followed rejected the public bidding law, about which he was unaware . He said he thought the bids would have to be re- jected and new bids invited. Upon motion duly made and seconded, it was voted to reject all bids received for the renovation and alteration of the Civil Defense Room. The Chairman mentioned meeting with the Arlington Selectmen to discuss the Great Meadows . It was agreed to call a Special Meeting of the Hoard at 7:30 P.M. on Monday, July 18, and attend a meeting with Arlington at 8:00 P.M. Mr. Stevens retired at 9:10 P.M. Mr. Carroll reported on the bids opened July 5 for Sewers, Contract No 4, and read a letter from Whitman & Howard advising that the apparent low bidder, P. DiMascio Construction Co. , had made an error. The Sewer correct amount should have been $67,209.11 instead of Contract $63,962.50. Susi & DeSantis was the low bidder, and Whitman & Howard recommended that the contract be awarded to them. Upon motion duly made and seconded, it was voted to award Contract No. 4, Sewers, to Susi & DeSantis Co. , the low bidder, at their price of $66,290.00. Mr. Carroll reported that bids were opened today for resurfacing streets and the low bidder was Warren Brothers, $10,869.00 He stated that the binds had been checked and found to be correct. He recommended that the contract be awarded to the low bidder. Resurfacing Upon motion duly made and seconded, it was voted streets bid to award the contract for resurfacing streets to Warren 621-3 Brothers Roads Company, the low bidder, at its price of $10,869.00. Mr. Carroll informed the Board that he would like to resurface Massachusetts Avenue from the Arlington line to the Center in 1962. He explained the reason Resurfacing for bringing the subject up at this time is that he Mass . Avenue would like to write the public utilities so that they will have an opportunity to make their plans . Mr Carroll was authorized to advise the utility companies what is contemplated. Mr. Carroll reported that he had explored the possibility of running a sewer down Henderson Road Boulder Road to service Mr. W. F. Davis' house . He explained that the distance is approximately 120 feet longer and the installation will be more expensive . He stated that he may have funds this year because the contracts have been lower than anticipated, but said that there are other locations where sanitary sewers are needed. It was agreed to advise Mr. Davis that the Board will keep the Boulder Road sewer on the list and if feasible, have it constructed this year, but no promise of fast action or commitment can be made . Mr. Carroll advised the Board that due to the lack of rain, the ban on watering from midnight until 10:00 A.M. Water ban should be put into effect again. Upon motion duly made and seconded, it was voted to limit the every other day watering from midnight until 10:00 A.M. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the fol- Pole lowing j/e pole locations, Mr. Carroll having approved: locations Grove Street, southwesterly side, southeasterly from a point approximately 60 feet south- east of Winter Street, -- Three poles. Letter was received from the Mystic Valley Gas Company requesting permission to install a gas main Gas Main in Maguire Road to serve the new Itek building. The proposed location was approved by Mr. Carroll. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 2-inch welded steel high-pressure gas main in Maguire Road, providing it conforms with Mr. Carroll's specifications . 63 ' Mr. Richards returned to the meeting at 9:40 P.M., and Mr. John Carroll retired. Letter was received from Mr. Paul M. Mitchell, 25 Asbury Street, applying for an abatement of the street betterment assessment in the amount of $900 levied against his property. Assessment Upon motion duly made and seconded, it was voted to reduce the assessment by the amount of $300 . Letter was received from Dr. Keith E. Winnard, 16 Loring Road, with suggestions relative to fencing swimming pools. Swimming Report was received from Mr. Irwin, Building Pools Inspector, relative to permits issued for swimming pools. It was agreed to establish a committee of three to study the subject, consisting of Mr . Richards, Mr. Irwin and Dr. Winnard. Application was received from Pat J. Monsignors, d.b.a. Arlex Taxi Co., for three additional taxicab permits. Upon motion duly made and seconded, it was voted Permits to grant three additional taxicab licenses to the Arlex Taxi Company. Request was received frac Mr. David Shoemaker, 50 Peacock Farm Road, on behalf of the Lexington Com- mittee of the Emergency Public Integration Committee, Permit to distribute leaflets and to carry signs in the vicinity of Woolworth' s store on Friday nights during July from 6:00 P.M. until 9:00 P.M. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from Chief Rycroft advising that the old oars parked on town-owned land located on Syl$ia Street have been removed. He also reported that the individual involved in dumping on Walnut Street had been contacted and the material removed. It was agreed to discuss further Building and Zoning By-Law enforcement at the next regular meeting Enforcement if the Board and to ask Mr. Irwin for another report of his calls on the subject. The meeting adjourned at 10:10 P.M. ' A true record, Attest: / vEtec tive Clerk, Selectmen 64 ti CZ two SEJE C TMEN t S MEETING July 18, 1960 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, July 18, 1960 at 5:00 P.M. Chairman Morey, Messrs. Adams , Cole and Richards were present. The Executive Clerk was also present . The Chairman read a letter from Mr. James J. Carroll, Town Treasurer, relative to bids received Borrowing on a loan of $1,000,000 in anticipation of revenue . Upon motion duly made and seconded, it was voted to approve the bid of 1.32% received from the Merchants National Bank of Boston. The Chairman reported that Colonel Krogh, Bed- ford Air Base , had requested permission to park a trailer truck in Depot Square on Thursday, July 21 from 5:00 P.M. until 9:00 P.M., in connection with Display the annual Festival and Fund Raining campaign. In truck view of the fact the Board had given permission in previous years, she assumed the responsibility of granting permission. The Board approved the Chairman's action. Application for a Yearly Dump Permit was re- ceived from Charles H. Miller , Liberty Square Road, Boxboro. Mr. Miller' s truck will be garaged in Dump permit Boxboro, but he owns the Miller Poultry Farm on Marrett Road, and the permit will be used to dump rubbish from his store at 594 Marrett Road. Upon motion duly made and seconded, it was voted to grant a Yearly Dump Permit to Charles H. Miller . Application for a Yearly Dump Permit was re- ceived from Alfred Parece, 20I. Follen Road, Lex- ington. Mr. Parece ' s business is located in. Arl- Dump permit ington, and his truck is garaged in Arlington, but he intends to use it to dump rubbish from his home . Upon motion duly made and seconded, it was voted to grant a Yearly Dump Permit to Alfred Parece . Upon motion duly made and seconded, it was voted Sidewalk to sign a contract between the Town of Lexington and contract Southeastern Landscape Corporation for sidewalk con- struction at the bid price of $8,687.00. 65 Upon motion duly made and seconded, it was voted to sign contract dated July 15, 1960 between the Town Waterproof- of Lexington and the Chapman Waterproofing Company ing contract for waterproofing steps and buttresses, Cary Memorial Building, at the bid price of $1,675.00. Upon motion duly made and seconded, it was voted to sign contract No. 4 dated July 12, 1960 between the Sewer Town of Lexington and Susi and DiSantis Co., Inc. for contract sewers, at the bid price of $60,290.00. Upon motion duly made and seconded, it was voted to sign contract dated July 15, 1960 between the Town Street of Lexington and Warren Brothers Roads Company for contract street work at the bid price of $10,869.00. The Chairman reported that the Collector has not as yet received any 1960 tax bills from the Assessors' Department . She stated that one girl is on vacation and Mr. Cronin intends to take his vacation starting next week. Miss Cole is working on Excise Tax bills and the girl recently hired is working on Real Estate Tax bills . It was suggested that the Board write the Assessors that the situation is ridiculous, there is a monetary loss and the Town is being forced to borrow a larger amount than usual in anticipation of revenue . The meeting adjourned at 5:35 P.M. A true record, Attest: fie/ tivid:erl4k, Seen { yoAk 66 N SELECTMEN'S MEETING July 25, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, July 25, 1960, at 7:30 P.M. Chairman Morey, Messrs . Ferguson, Cole and Richards were present . The Executive Clerk was also present. Mr. Adams arrived at the meeting at 7:145 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on July 11, and 18. Mr . James J. Carrell, Town Clerk, met with the Board Jurors for the drawing of two jurors. The following individuals were drawn for jury duty: Richard J. Gilbert, 20 Win- chester Drive and Gregory Milona, 2L8 Waltham Street. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles on Sherburne Road. Mr. Mahon, representing the Boston Edison Company, Messrs . Charles F. Kitching, Joseph Leto, Louis Ferracane, Edward T. Martin, and William J. Flux were present at the hearing. Mr. Mahon explained that a plan was submitted once before and the hearing held on June 27, 1960 . At that time it was found that the names of the abutters as indicated on the plan were in error. He explained that the proposed poles are for service to reach the property Pole of Mr. William Flux, a new home owner. locations Mr. Charles Kitching protested and said he already has one pole on his lot line and 100 feet down from that he will have another. He stated that tie pole would be in the view of his picture window. Mr. Mahon explained that the first pole on the existing line is the first proposed pole in the exten- sion of an existing line . The second pole is proposed at the applicant ' s lot line in order to run the tap from the pole to his home . He said that all the poles are located on property lines as they should be . He ex- plained that down through the years this street was not always a public way and he negotiated may years ago for the poles now existing, to bring the service to the gentlemen who just spoke . Now the company wants to 67 extend the line to the new applicant ' s house . He said this is accepted practice with the Edison Company as it is with all utilities . Mg. Kitching stated that his house was built Etter the pole was erected in front of it and the service was brought to a house across the way before his was built. He said the pole was not there to service his house . Mr. Mahon stated that from a constructiongnint of view all utilities, telephone, fire alarm, street light- ing, desire so far as they can to keep the line on one side . Mr. Leto questioned the location of the pole on his lot line and asked why a second pole is being erected. Mr. Mahon reported that he had seen Mr. Leto and had explained to him that it was the company's intention in running this particular line out, to extend the line to one pole and run a tap service . He said that Mr. Flux wanted the service tocome in the left side of his house and that is the reason for setting the second pole . He explained that fire laws do not permit running wires in front of a house at that angle . Mr. Kitching said he wished to call attention to the fact there is a pole on the corner of Mr. Leto' s property and Mr. Mahon explained that to run from that pole to Mr. Flux's lot line would result in running wires across Mr. Leto' s land. He said this is a main line that feeds many, many people and it is not the policy of the company to run wires over private property, particularly when there is a public street in which to work. Mr. Leto asked if it would be feasible to put a pole up between the property of Mr. Flux and Mr. Martin and then across the street to the pole which now feeds Mr. Martin. Mr. Mahon explained that the line is running the other way. Mt.. Kitching said that because the house needs service from the left side rather than from the right, he felt it decreased the value of his property. Mr. Mahon said that his only interest is establish- ing service for Mr. Flux as he would any applicant who applies; to the co pany. He said he looked at the area today and from what he saw, the pole is about thirty feet away from Mr. Kitching's home and about forty feet away from his picture window. He said the pole does not interfere in any way with Mr.Kitching' s prof perty or N . Ferracane 's property. He stated that Mr. Ferracane is some sixty feet away from the proposed pole . He explained that if the proposed pole presented any ob- struction to a driveway, walk, hydrant or street, or there was some substantial reason for the pole not go- 6C'f ti C') Cin ing in, he thought it could be arranged. However, in this case it is just extending the line one section as has been done in five cases on the existing street. Mr. Kitching said that his house is only fifteen feet from the lot line and he could not understand how the pole would be thirty feet away. He said the fence may have mislead Mr. Mahon. The Chairman stated thatthe Board would take the petition under advisement and declared the hearing closed. Mr.Mahon and the other five gentlemen retired at 7:55 P.M. Motion was made and seconded to grant the petition of the Boston Edison Company and the New England Tele- phone and Telegraph Company for permission to locate two poles on Sherourne Road; one On the easterly side , approximately 225 feet north of Winthrop Road and one on the westerly side, approximately 125 feet north of Winthrop Road. Mr. Ferguson and Mr. Richards voted in opposition. Mr. Stevens, Town Counsel, and Mr. John Carroll, Superintendent of Public Works, met with the Board. The Chairman reported that Mr. Carroll, Town Clerk, had presented a petition received by him requesting the insertion of an Article in the Warrant for the next Town Meeting, relative to a change in zoning on the easterly side of Waltham Street . The eleven names on the petition were determined by Mr. Carroll to be qualified registered Article voters. It was agreed to return the petition inasmuch as 100 signatures are required to insert an Article in the Warrant for a Special Town Meeting and to advise that a public hearing must be held by the Planning Board before any change in zoning can be acted on by Town Meeting. Mr. S evens explained that the time for passing papers on the land on Pollen Hill, to be acquired from the Trustees of the Tower Trust, was extended to August 1st. The plan is not ready as the surveyors had some difficulty with the exterior line and he had prepared an instrument to extend the time until September 15. Upon motion duly made and seconded, it was voted to sign an instrument extending the time for delivery of the deed of a certain parcel of land to be acquired from the Trustees of the Tow,' Trust to September 15, 1960 . 1 Mr. Stevens reported that he had redrafted the pro- posed agreement between the Town and the M.D.C . , and will submit it to the M.D.C . this week . The Chairman suggested that the Special Town Meet- ing tentatively scheduled for Tuesday, September 20, 1960 be definitely set for Monday, September 26, 1960. She explained that Town Meetings have always been held Town on Monday and she felt that it would be better not to Meeting change the day. Upon motion duly made and seconded,it was voted to definitely establish the date of Monday, September 26, 1960 for the Special Town Meeting. Mr. Stevens said that he would be away for the month of August, except for the week of the ]4bh, and stated that Mr. Carroll will have some contracts to be signed. Letter was received from Mr. Stevens reporting that title has been acquired from Donald K. Irwin to approximately 14. nAtts of land situated on Grove Street. The 1960 'TBwn1 seting authorized acquisition of the land for playground and recreational purposes and he suggested that the Board might want to inform the Recreation Committee that the property has been Acquisition acquired. of land on The Chairman said that, while the Town has ac- Grove Street quired this land, it is not ready for recreational purposes, and suggested that the Board proceed slowly until such time as there is a plan for the use of the property. She suggested just advising the Committee * has ideas for the development of it . Mr . Ferguson said the Committee should be advised so it will have an opportunity to make plans. He said he understood that the Board had agreed, on the acquisi- tion of land for recreational purposes, to notify the Police, Fire, Superintendent of Public Works and any other interested party. Mr. Stevens explained that he had notified the Board of Assessors, Superintendent of Public Works, and the Chief of Police . He said the Recreation Com- mittee ' s function is to operate and it would seem ap- propriate for it to know about the acquisition so plans can be prepared to submit to the Board. Mr. Stevens retired at 8:25 P.M. Mr. Carroll reported that bids were opened today for sidewalks on Burlington Street and Winchester Drive . that the land had been acquired, and perhaps the C ommitsee 70 ti.. G7 The low bidder was Qiintin Vespa Co. , Inc. , with a bid of $26,771+.20. He said that ordinarily he would ask the Board to award the contract next week and have it Sidewalk signed the following week. He said this is a reputable contract contractor and he would like to have the contract awarded tentatively on the bid of $26,774.20 and have the con- tract prepared Mr. Stevens could have them ready Friday and they could be signed by the Board next Monday or a week from Monday. Upon motion duly made and seconded, it was voted to award the contract for sidewalk construction to Quintin Vespa Co. , Inc. , the low bidder, at the bid price of $26,774.20, subject to a satisfactory check of the bids. Mr. Carroll reported that bids were also opened for drains and the low bidder was C . DiMartino & Sons, Inc. , with a bid of $58,350.00. Upon motion duly made and seconded, it was voted Drain to award the contract for drains to C . DiMartino & Sons, contract Inc . , the low bidder, at the bid price of 058,350.00 subject to a satisfactory check of the bids. Mr. Cole brought up the subject of sand blowing from a vacant lot on Burlington Street . The Chairman reported that a letter had been sent to the owner of the lot, a copy of which was mailed to Nuisance one of the individuals who signed the complaint: It was agreed to notify the Board of Health and request that some action be taken to eliminate the nuisance . Letter was received from Mr. M. Bezreh, 32 Sky View Road, relative to a street betterment assessment . Mr. Carroll presented a plan and explained the assess- Abatement ment. He recommended an abatement of $227.74 which represents the distance of 38.02 feet referred to in Mr. Bezreh's letter. Upon motion duly made and seconded, it was voted to abate the street betterment assessment levied against Mr. Mitchell Bezreh' s property by the amount of $227.74. Mr. Carroll reported that he had discussed the pro- posed vacation and sick leave policy with Mr. Spirts Sick leave & and he is in accord with the recommendations . vacation The Chairman said that it is now up to the Board policy of Selectmen to review the proposed policy and arrive at a decision. Mr. Ferguson inquired about the water ban and Mr. Carroll stated that watering is permitted every other day, no restriction as to the time . Mg. Carroll retired at 8:50 P.M. 71 Mr. Donald K. Irwin, Building Inspector, met with the Board, and presented a report of complaints received by him during the period from June 27 to July 25. The subject of Building and Zoning By-Law violations was discussed arra the Chairman said that it would appear that about all Mr. Irwin can do is to follow up in the new developments to make certain something new is not Zoning started. violations Mr. Irwin said that he did not think a policy had ever been established relative to the sale of Christmas trees in residential areas . He mentioned the Follen Church property and the annual DeMolay sale , plus all the farm stands . Mr. Adams said he thought advance notice should be given that permission must be obtained from the Board of Appeals. Mr. Ferguson asked why there was ever any question raised. If the sales are made in an area not zoned for business, it is in violation of the Zoning By-Law. He said news items in the paper woultLbe all right, but he did not think the Selectmen shoul7put in the position of advocating that people apply for a variance of the Zoning By-Law. The Board agreed that the sale of Christmas trees should be limited to business zones and any individual or group desiring to sell them should apply to the Board of Appeals. Mr. Richards said he thought the approach would be extremely difficult, if not impossible , for Mr. Irwin to start out and go over each piece of land and business. He said he thought Mr. Irwin would have to follow up on the complaints and obvious displays or breaches should be investigated He said information could be given out through the Board of Appeals or press that violations will not be tolerated. He stated that Mr. Irwin should have the support of theBoard as far as correcting all of th3 obvious violations are concerned, following through and if necessary, prosecuting with the assistance of Town Counsel. Mr. Ferguson said that if people realize the Board is being more emphatic about enforcement, they will be more careful. He said he thought Mr. Irwin should take complaints even though the people making them do not identify themselves. Mr. Irwin retired at 9:25 P.M. Mr. Edward B. Cass, Chairman of the Board of Assess- ors, Mr. William I. Burnham and Mr. Cornelius Cronin met with the Board. The Chairman referred to a meeting with the Board I2 early in June at which time the subject of tax bills was discussed. She said the excise tax bills have gone out to some extent, that is as many hs have been com- mitted to Mr. Cronin from the Registry. The real Tax bills estate tax bills hA ve not gone out at all. She said the Selectmen feel it is the obligation of the Assessors ' Department, when the tax rate has been established, to concentrate on getting the tax bills out . Mr. Cronin reported that the Collector had letter A and B and will have C in a day or two, which is 20% of the bills . The Chairman said that once the tax rate has been established, there should be a concentration on getting the bills out . The Board understood that one girl was work- ing on tax bills and one on excise taxes. Mr. Cronin stated that the three girls are now work- ing on real estate taxes. Mr. Richards said that it costs the Town money to borrow money and this year the borrowing has had to be more than it has in the past. He said it is difficult to say how much money would be saved if thebills were sent out early. The majority of the money does not come in until October when the banks pay in the large sums. He said prior to that time, there are home owners who pay their bills and there is a considerable amount of money that comes in prior ter0ttober-3st. He' sa.idLthe Board had to float a loan of x$1,000,000 which will cost the Town about $5,000. He said it is unfortunate that tax bills come in the summer and asked if additional help would assist the Assessors. Mr. Cass replied that another year the Assessors would like to have one additional girl for six months from January 1st. Mr. Cronin said he has received hundreds of transfers of property from the Registry, about 1,000 a year, and there are 275 new houses a year . He said if the bills were made out in July, the Department could start correct- ing its control cards for 1961. Mr. Cole asked how soon the bills would be out if the Department had an extra girl from January 1, 1961 and Mr. Cronin replied that he thought they could be out by July 10th or 15th. The Chairman said that this year the tax rate was set on May l6th_iand for six weeks after that no work was done to get the tax bills out. Mr. Cass said that the Selectmen feel the real estate tax bills should go out before the personal and excise tax bills . He stated that this was a change in procedure done in the office without the Assessors 73 knowing much about it. He said it was a matter of office routine in the hope money would come in faster, and he thought the tax bills could be sent out within a month after the tax rate had been established if there was another girl to help. Mr. Cronin said that if the Department has an additional girl the first six months of the year, he thought kork on the tax bills could be started earlier. Mr. Richards asked if part-time help would be of gny value during the billing period. Mr. Cronin stated that with a billing machine the policy is for the Assessors to run it in the morning and the Tax Collector to run it in the afternoon. There would be a steady production and he thought the 4th of July deadline could be met with a machine . Mr. Cass said the department would need the extra girl and the machine . Mr. Adams inquired about the cost of the machine , and Mr. Cronin stated that he thought it would be..between $1.,000 and $5,000. He said that with a machine the Tax Collector would not have to type up the bills and they would all be done by the Assessors. He said in prior years, a machine had been discussed but at the time the volume of work did not seem to warrant the expenditure . However, now it has reached the point where it is probably necessary to mechanize the operations. He said if the Assessors have a girl for half the year and a machine , the bills can be sent out early. Mr. Cass said that it is his impression that about 80% or 90% of the bills are not collected until October or November because the banks all hold out . He asked how much money would actually be collected if the bills were sent out early. The Chairman said that perhaps other towns should be asked how much they borrow in anticipation and when the tax money starts to come in. She said that every company with a peak work period has to concentrate on the work and get it done before vacations . Mr. Cass said that Miss Pierce went July 8th and Mrs. Sullivan was taking two weeks beginning August 1st. He said he wondered what their reaction would be if they were told they could not go. The Chairman said that the subject had been mentioned in early June and in previous years a letter had been written, and the Board is sorry it did not have more effect . Mr. Cass said it is difficult to tell a girl she cannot go on vacation and questioned what could be ac- complished. The Board of Assessors retired at 10:15 P.M. 74 - c, Request was received from the Mystic Valley Gas Company for permission to install a gas main in Bowker 111Street. The proposed location having been approved by Mr. Carroll, it was voted to grant permission to the Mystic Gas Main Valley Gas Company to install a 2-inch welded steel high pressure gas main in Bowker Street, it being under- stood that the installation is to conform to Mr. Carroll' s specifications . Letter was received frau Mr. Lurvey listing five Sewage homes that have serious sewage problems because of lack >roblems of room, ground water, etc . Letter was received from Mrs. Owans, 16 Adams Street , Swimming relative to fencing swimming pools, and referred to Mr. pools Richards . Letter was received from Dr. Keith E. Winnard, ad- vising that he would serve on a committee to consider the subject of swimming pool fences . Letter was received from Chief Rycroft advising that Mrs . Ruth Oley, school traffic woman at the Harring- Policewoman ton School, has resigned. He recommended appointment of Mrs . Eleanor G. Russo. It was agreed to advise the Chief that the Board would like to interview two or three applicants if they are available . Report of the Dog Officer for the months of April, May and June was noted and placed on file . Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation application on be- Cert . of half of Joseph 0. Rooney, et als, satisfactori character Inc . references having been received fromthe Chief of Police . Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation application on be- Cert . of half of Frank T. Parrish, Jr., satisfactor',i character Inc . reference having been received from the Chief of Police Upon motion duly made and seconded, it was voted to appoint the following Election Officers for terms expiring September 1, 1961: 75 ELECTION OFFICERS 1960 1961 R George E. Foster R Alice G . Marshall 10 Plainfield Street 9 Independence Avenue R Ilda J. Field R Otis S. Brown, Jr. 20 Chase Avenue 11 Diana Lane D Edna F. Marshall R Sally S. Hooper 110 Woburn Street 282 Bedford Street D Micha el Lovezzola R Edna D. Anderson 242 Waltham Street 21 Leonard Road R Mary E. Clifford D Clarence E. Delp 54 Chase Avenue 18 Dexter Road D Annie H. McDonnell D Joseph 0. Rooney 7 Curve Street 51 Grant Street Lena Rochette R Elizabeth Fardy SR 370 Marrett Road 140 Preston Road D Randall W. Richards D Mary J. Ferry 67 Farmcrest Avenue 50 DowAtjg Road D Mary G. Oliver D Carroll J. Ryan 610 Waltham Street 10 Bedford Street D 'Elizabeth F. Downey D Mary A. Spellman 4 Farmcre s t Avenue 24 Shirley Street D Henry P. Meade R Caroline F. Deloury 1813 Massachusetts Avenue 99 Spring Street R Nellie I. Batstone R Mary A Hallett 49 Bartlett Avenue 2270 Massachusetts Avenue The Chairman reported that she had looked at a tax title lot on Rangeway Road for which Mr. James Harrison, 33 Sky View Road, an abutter, offered 1300. Tax title It was agreed to advise Mr. Harrison that the Board would consider a more realistic offer. 76 CD Upon motion duly made and seconded, it was voted to hold a Special Meeting on Monday, Aggu8t 1, 1960 at 5 P.M. for the purpose of signing contracts, the Chair- man to advise the members of the Board if any other business is to be considered at that meeting. The meeting adjourned at 11:05 P.M. A true record, Attest: i f ice/ e • t ive/C le rk Sells c f 1 77 SELECTMEN'S MEETING August 1, 1960 A special meeting of the Board of Selectmen was held in theSelectments Room, Town Office Building, on Monday, August 1, 1960 at 5:00 P.M. Chairman Morey, Messrs . Adams and Cole were present . Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted to sign Contract No. 6, Drains , between the Town of Contract Lexington and C . DiMartino & Sons, Inc. , the low bidder, for the corrected bid price of $58, 600.00. Upon motion duly made and seconded, it was voted to sign Contract No. 5, Sidewalks, between the Town Contract of Lexington and Quintin Vespa Co., Inc ., the low bid- derder, for the corrected bid price of $27,874.20. Petition was received, signed by D. H Darden, et els, requesting an opportunity to meet with the Board to discuss plans for the installation of a sidewalk on Burlington Street. The petition claimed that the people have not had any definite information as to the precise nature of the plans Sidewalk It was agreed to acknowledge the petition, copies to be sent to all who signed, and have the group meet with the Board on Monday, August 8, 1960 at 8:30 P.M. Mr. Carroll retired at 5:50 P.M. Application for a Yearly Dump Permit was received from Walter T. Kenney, Jr., 16 Dane Road. Mr. Kenney' s truck is garaged in Arlington and he would like to use Dump permit it for the purpose of taking rubbish from his home to the dump. Upon motion duly made and seconded, it was voted to grant Mr. Kenney a Yearly Dump Permit. Application for a Yearly Dump Permit was received from Joseph J. Gringeri, 10 Baskin Road. Mr. Gringerits truck is garaged in Newtonville and he would like to use Dump permit it for the purpose of taking rubbish from his home to the dump. Upon motion duly made and seconded, Lt was voted to grant Mr. Gringeri a Yearly Dump Permit. 78 1-4 0-3C Application for a Yearly Dump Permit was received from F. J. Hopwood Co. , 2114 Bedford Street . The truck Dump permit is owned by one ofthe employees and rented by the com- pany and garaged in Wilmington. Mr. Hopwood wants to remove rubbish accumulated in his remodeling work which is often picked up in this truck . Upon motion duly made andseconded, it was voted to grant a Yearly Dump Permit to F. J. Hopwood Co. for the use of a 3.958 Ford half ton truck, registration B74983. Application for a Yearly Dump Permit was received from F. J. Hopwood Co. , 2L14 Bedford Street. The truck Dump permit is owned by the company but registlr1ed from and garaged in Carlisle . Upon motion duly made and seconded, it was voted to deny the application and ask the Chief of Police for in- formation relative to the registration of the vehicle . The meeting adjourned at 5:55 P.M. A true record, Attest: ec tivoC].erl , Select »n Jfr ti' G3 1 . 79 SLLEC TMEN'S MEETING August 8, 1960 A regular meeting cf the Board of Selectmdn was held in the Selectmen' s Room, Town Office Building, on Monday evening, August 8, 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams, Ferguson and Cole were present . Mr. John J. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Bow Street, 55 feet south of Rawson Avenue , easterly side Mr. Mahon, representing the Boston Edison Com- pany, Mr. Consilvio, representing the Telephone Company, Mr. Names M. Gaffney, 23 Rawson Avenue, and Mr. Cern) Vt. Coppola, 111 Bow Street, were pre- Pole sent at the hearing. location Mr.Mahon stated that at the present time the entire load feeding the East Lexington area is now being carried over Maple Street to Massachusetts Avenue and that circuit is well loaded. Recently there was a road opened up at the Edison sub-station onLillian Road and the company has a line that feeds back through Bow Street. The decision has been made to close the line on Lillian Road and bring in a new service to Bow Street . This will pick up the entire area in East Lexington which is now overloaded. Mr. Mahon stated that at the particular location being considered, the company has an existing pole at the corner of Bow Street and Rawson Avenue and there is a section of 134 feet existing between poles 23 and 22 Bow Street. These poles are very heavily laden at the present time and to add construction on this long section of 134 feet is impossible . The alternative is to put a pole in between that span as indicated on the plan submitted with the petition. Mx'. Gaffney asked why the proposed pole could not be located to the opposite side of thestreet and Mr. Mahon replied that the line is on this side of the street and the company would not put one pole on the other side . Mr. Gaffney said he already has one pole and the driveway is there . 80 wa row Mr. Mahon said that the pole would be ten feet away from the driveway and the proposed construction is not irregular. Mr. Gaffney asked if the pole on Rawson Avenue would take care of the situation and Mr. Mahon replied in the negative . He explained that the problem is right at this point , and it would not interfere in any way with anything Mr. Gaffney might have in mind for his driveway. The Chairman explained that with the increased amount of service it is necessary to have poles and they have to be placed in the most efficient location. Mr. Gaffney said that he was opposed because the children climb the present pole by using the fence and they could climb this one . He said he was concerned because they might ring the fire alarm Mr. Mahon said that the pole will not be near the fence , and will be set about five feet off Mr. Gaffney' s property. Mr. Coppola said he had the same objections as Mr. Gaffney and he lives in the next house . The Chairman asked if the alternative would be to put in a guy wire and Mr. Mahon said he thought that had been given consideration. Mr. Consilvio said the telephone company is also very much interested in this section and he called on Mr. Gaffney two years ago after he acquired the property and asked about placing a guy. At that time, Mr. Gaffney did not have a fence and did not want to have a guy so the company dapped aside . Mr. Mahon said that at that time the telephone com- pany was interested in a cable aryl what the Boston Edison wants to do has nothing to do with what they had in mind. Mr. Consilvio said that was correct. Mr. Gaffney and Mr Coppola both registered in op- position. The Chairman said the petition would be taken under advisement and declared the hearing closed. Mr. Gaffney asked if the Board would let him know its decision and the Chairman replied in the affirmative . Mr. Gaffney asked if ha had any right to appeal, and the Chairman replied in the negative . Mr. Gaffney asked how long it would take to put the pole in after approval has been obtained. Mr. Consilvio replied that the company has to ob- tain a grant from the Town Clerk, through the Selectmen' s Office, and the n obtain a street opening permit from the Public Works Department . He stated that normally, after the grant has been authorized, it would take about ten days. Messrs. Gaffney, Coppola, Mahon and Consilvio re- tired at 7:50P.M. 81 Mr. Ferguson recommended thatthe Board suggest that the Boston Edison Company ani Mr. Gaffney try to work out a solution to the problem to their mutual satis- faction and if that cannot be accomplished, the Board can then act on the petition. The Chairman said the Board could vote to grant the petition subsequent to Mr. Carroll checking it or the Board looking at the location.. Mr. Ferguson said he would be opposed to that as he was of the opinion Mr. Gaffney had a valid objection He said the companies have not stated that this is the only way the problem can be solved. Mr. Adams mentioned thatthese people are being served from current coming from poles in front of other peoples houses. Upon motion duly made and seconded, it was voted to approve the petition and sign the order, subject to any member of the Board who signs it taking a look at the proposed location, the signed order to be held by the Clerk until that member makes a report. Mr. Ferguson voted in opposition. The Chairman suggested that the Board request the Boston Edison Company to submit a list of locations where there might possibly be objections to proposed pole locations . Mr. Ferguson said that if this petition is returned and the company has to repetition a couple of times, it will do that in the future before the hearings . Mr. Adams agreed to view the proposed location. Hearing was declared open upon application from the Mary J. Walsh Convalescent and Nursing Home , Inc. to increase the storage capacity of #2 light oil from 1,000 gallons to 5,000 gallons on the premises located Fuel oil at 265 Lowell Street. hearing Notice of the hearing was inserted in the July 28, 1960 issue of the Lexington Minute-man and a copy of the notice was mailed to the petitioor and to the owners of all property deemed to be affected as they appear on the most recent loca 1 tax list. Mr. Thomas Walsh, representing the petitioner, was the only person present at the hearing. Mr. Walsh explained that it is necessary to in- stall a new heating system that calls far fifteen gal- lons an hour, and the heating engineer specified the size of the tank. He said it is intended to use the present 1,000 gallon tank rather than to disrupt the system and explained that a new boiler will be installed. The Chairman declared the hearing closed at 7:55 P.M. and Mr. Walsh retired. 82 The Chairman reported that the application had been approved by B. J. Belcastro, Chief Engineer, of the Fire Department. Upon motion duly made and seconded, it was voted to approve the application and grant a license to the Mary J. Walsh Convalescent and Nursing Home , Inc . to increase the underground storage capacity of light oil #2 from 1,000 gallons to 5,000 gallons on premises lo- cated at 265 Lowell Street, Lexington . Mr. Carroll reported that he had opened bids for a tractor to be used by the Park Department . The low bid that met the specifications was submitted by Casey & Dupuis Equipment Corporation in the amount cf 43885 He explained that there were other bids lower but they did not meet the specifications and two of them did not have a talk amplifier which gives about 40% in- crease in the power. Mr. Ferguson asked if the other machines had as Tractor much power without the talk amplifier and Mr. Carroll s bids replied in the negative . He explained that the other bids had two or three items less than what the specifi- cations called for. He stated that he usually discusses the subject before the bids and then writes the specifi- cations. He talked to the low bidder today and he was satisfied. Mr. Carroll recommended thatthe bid of Casey & Dupuis be accepted. Upon motion duly made and seconded, it was voted to accept the bid of 413885 submitted by Casey & Dupuis Equipment Corporation for a tractor, the specifications prepared by Mr. Carroll having been met. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on July 25, 1960 and August 1, 1960. Mr. Carroll explained that a sewer will be con- structed from the Peacock Farm area to the Minute Man Highlands area dnd reported that an easement has already been taken on three or four properties on Watertown Street. He explained the proposed location on a set of Sewer plans and presented Taking Orders prepared by Mr. Stevens , 3asement Town Counsel. Upon motion duly made and seconded, it was voted to sign an Order of Taking for a Sewer Easement as shown on a plan entitled "Plan of Sewer Easement Off Pleasant Street Lexington. - Mass", dated May 27, 1960, John J. Carroll, Town Engineer, in the following form: 83 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of August, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof duly held on March 21, 1960, in accordance with the provisions of law applicable thereto, it was unanimously "VOY'IO: That the Selectmen be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands, subject to the as- sessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, 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 $336,000.00, and to provide for payment thereof by the trans- fer of $6,000.00 from the Sewer Assessment Fund and the balance of $330,000.00 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $330,000.00 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." WHERBAS the Selectmen have determined that in order to install the sewer main from about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands it is necessary that the sewer main be located in the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the same and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove , replace , operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under certain strips of land situated in said Lexington and bounded and described as follows: 1. A strip of land beginning at a point in the southeasterly side line of Pleasant Street, which point is located northeasterly 4 w 4-1 and distant 372.37 feet from the northerly side line of theCambridge-Concord Highway; thence running Sout4 I 2 42° 24' 30" East through lot 3 and into lot 21, distant 210.00 feet to a point ; thence turning and running North 47° 35' 30" East through lots 21, 20, 19, 18, 17, 16, 15, 14, 13 and into lot 12, distant 830.84 feet to a point; thence turning and running South 56° 15' 00" East, distant 120.58 feet to a point in said lot 12; thence turning and running North 37° 47 ' IIA" East, distant 30.18 feet to a point in the northeasterly boundary of said lot 12; thence turning and running North 56° 27' 30" West along said northeasterly boundary of lot 12 distant 30.57 feet to a point ; thence running North 56° 15' 00" West along said northeasterly boundary of lot 12, distant 103.44 feet to a point; thence turning and running South 47° 35' 30" West through lots 11-A, 11, 10, 9, 8, 7-A, 6 and 5 and into lot 4, distant 836.82 feet to a point; thence turn- ing and running North 42° 24' 30" West through said lot 4, distant 190.00 feet to a point in the southeasterly side line of Pleasant Street; and thence turning and running South 47° 35' 30" West along said southeasterly side line of Pleasant Street, distant 20.00 feet to the point of beginning; all as shown and marked "20' Sewer Easement" and "30' Sewer Easement " on plan entitled "Plan of Sewer Easement Off Pleasant Street Lexington- Mass.", dated May 27, 1960, John J. Carroll, Town Engineer, a copy of which is annexed hereto and made a part hereof; and 2. A strip of land beginning at a point in the southeasterly side line of Pleasant Street, which point is located northeasterly end distant 32.27 feet from the northerly side line of the Cambridge-Concord Highway; thence running South 42° 24' 30" East in lot 39, distant 25.15 feet to a point; thence turn- ing and running South 180 54' 49" West in said lot 39, distant 8.88 feet to a point in the northerly side line of the Cambridge-Concord Highway; thence turning and running by a curve to the left with a radius of 3950.00 feet along said northerly side line of the Cambridge- Concord ambridge- Concord Highway, distant 20.01 feet to a point; thence turning and running North 80 54' 49" East in said lot 39, distant 18.03 feet to a point ; thence turning and running North 42° 24' 30" West in said lot 39, distant 34.75 feet to a point in said southeasterly side line of Pleasant Street; and thence turning and running South 47° 35' 30" West along said southeasterly side line of Pleasant Street, distant 20.00 feet to the point of be- ginning; all as shown and marked "20' Sewer Easement" on said plan. 85 We do hereby also so take temporary construction easements for use in constructing the sewer to be installed in the per- manent easements hereinabove described in the following strips of land situated in said Lexington: 1. A strip of land having a uniform width of ten (10) feet and extending from Pleasant Street through lot 4 abut- ting upon a northeasterly boundary of the permanent easement first above described and then extending through lots 4, 5, 6, 74, 8, 9, 10, 11 and 11-A abut- ting upon a northwesterly boundary of said permanent sewer easement; all as shown in and marked "10' Construction Easement" on said plan; 2. A strip of land having a uniform width of ten (10) feet and extending from Pleasant Street through lot 3 and into lot 21 abutting upon a southwesterly boundary of the permanent easement first above described and then extending through lots 21, 19, 18, 17, 16, 15, 14, and 13 and into lot 12 abutting upon a southeasterly boundary of said permanent ease- ment ; all as shown and marked "10' construction Easement" on said plan; and 3. Two strips of land each having a uniform width of ten (10) feet and extending from Pleasant Street through lot 39 to the Cambridge-Concord Highway and abutting upon two boundaries of the second permanent easement above described, all as shown on said plan and marked "10' Construction Easements"; and reference to said plan is made and said plan in incorporated herein for a complete and detailed description of said strips of land. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to mmke all use necessary or desirable in connection with the aforesaid sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than August 8, 1961. 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 the respective owners and their heiis, successors and assigns 86 1.4 all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and per- forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made . Any trees upon the land included within the above described strips of land are included WIthin the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Lots as Shown Land Court on Aforesaid Certificate Owner Plan of Title Book Page John R. Gillis and Julia F. Gills, husband and wife 3 78710 523 160 George C .0 unningham,Jr., and Martha W. Cunningham, husband and wife 4 & 6 96976 615 2 Dorothy Keppel Fraser 5 59001 625 51 Town of Lexington (Certificate of Title standing in name of Edsel Tocci) 7-A 60346 403 241 Robert S. Schwab and Dorothy M.Schwab, husband and wife 9 and 10 79390 527 40 Frank M. Carpenter and Ruth F. Carpenter, husband and wife 11 69015 461 49 Frank M. Carpenter and Ruth F.Carpenter, husband and wife 11-A and 12 63251 422 505 William Antonucci and Catherine Antonucci, husband and wife 13 75532 504 597 Anthony DiPietro and Mary DiPietro, husband and wife 14 78765 524 i5 Anthony Mazza and Gabrielle F. Mazza, husband and wife 15 79271 526 1 Matthew W. Hanscom and Alida W. Haiscom, husband and wife 8 97914 619 164 87' Gerald Boghosian and Elizabeth Boghosian, husband and wife 16 90724 583 174 Joseph R. Evens and Dora B. Evans, husband and wife 17 99413 627 63 Michael Graziano and Mary A. Graziano, husband and wife 18 100375 632 25 Robert S. Schwab and Dorothy M. Schwab, husband and wife 19 73033 488 193 Pasquale R. Arigo and Margaret C . Arigo, husband and wife 20 99333 626 183 Angelo DiPietro and Mary DiPietro, husband and wife 21 78766 524 16 James A. Carrig 39 77382 503 385 And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. Betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advantage , other than the general advantage to the community, from such improve- ment is shown on this schedule which is hereltp annexed and made a part hereof, and it is hereby estimated that betterments will be as- sessed upon each parcel of land as shown lon said schedule . WITNESS our hands at Lexington as aforesaid, this 8th day of August, 1960. /s/ Ruth Morey Lincoln P. Cole , Jr. Alan G. Adams Gardner C . Ferguson Gard Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss August 8, 1960 Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole , Jr. , Gardner C . Ferguson, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires : Nov. 21, 1964 88 � 1 1.4n Schedule of Estimated Betterments Cn Referred to in the Foregoing Order Lots as Shown Land Court Estimated I on Aforesaid Certificate Betterment Owner Plan of Title Book Page_ John R. Gillis and Julia F. Gillis, husband and wife 3 78710 523 160 8609.58 George C .Cunningham,Jr. , and Martha W. Cunningham, husband and wife 4 96976 615 26 609.58 Dorothy Keppel Fraser 5 99001 625 51 609.58 George C .0 unningham,Jr. , and Martha W. Cunningham, husband and wife 6 96976 615 26 609.58 Town of Lexington(Certificate of Title standing in name of Edsel Tocci) 7-A 60346 403 241 609.58 Matthew W.Hanscom and Alida W. Hanscom, husband and wife 8 97914. 619 164 609.58 Robert S. Schwab and Dorbbhy I M.Schwab, husband and wife 9 79390 527 40 609.58 Robert S. Schwab aril Dorothy M.Schwab, husband and wife 10 79390 527 40 609.58 Frank M. Carpenter and Ruth F. Carpenter, husband and wifell 69015 461 4.9 609.58 Frank M. Carpenter and Ruth F. Carpenter ,husband and wife 11-A 63251 422 505 226.48 Frank M. Carpenter and Ruth P. Carpenter, husband and wife B-1 61159 408 333 780.26 Frank M. Carpenter and Ruth F. Carpenter, hgisband and wife 12 63251 422 505 380.99 William Antonucci and Catherine Antonucci, husband and wife 13 75532 504 597 609.58 Anthony DiPietro and Mary DiPietro, husband and wife 14 78765 524 15 609.58 Anthony Mazza and Gabrielle F. I Mazza, husband and wife 15 79271 526 121 609.58 Gerald Boghosian and Elizabeth Boghosian, husband and wife 16 90724 583 174 609.58 89 Joseph R. Evans and Dora B. I Evans, husband and wife 17 99113 627 63 609.58 Michael Graziano and Mary A. Graziano, husband and wife 18 100375 632 25 609.58 Robert S. Schwab and Dorothy M. Schwab, husband and wife 19 73033 L.88 193 609.58 Pasquale R. Arigo and Margaret C . Arigo, husband and wife 20 99333 626 183 716.25 Angelo DiPietro and Mary DiPietro, husband and wife 21 78766 525 16 593.12 James A. Carrig 39 77382 503 385 252.97 Upon motion duly made and seconded, it was voted to sign an Order of Taking for a Sewer Easement as shown on a plan entitled "Plan of Sewer Easement Off Cambridge- Concord Highway To Lawrence Lane And Webster Road Lex- Sewer ington, Mass .", dated June 1, 1960, John J. Carroll, easement Town Engineer, in the following form: ICOMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held on the 8th day of August, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof duly held on March 21, 1960, in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectfle n be and they hereby are authorized to install a sewer main or mains in such locations as the Selectmen may determine from about the intersection of Watertown Street and Peacock Farm Road to the kicinity of Minute Man Highlands, subject to the assessment of betterments or otherwise, in accordance wits Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $336,000.00, and to provide for payment thereof by the transfer of $6,000.00 from the Sewer Assessment Fund and the balance of $330,000.00 to be provided by the issue of bonds I 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 90 $330,000.00 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 exceed- ing twenty years." WHEREAS the Selectmen have determined that in order to install the sewer main from about the intersection of Watertown Street and Peacock Farm Road to the vicinity of Minute Man Highlands it is necessary that the sewer main be located in the Iola 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, pipes, culverts and other appurtenances, and to do all other acts in- cidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, thtough and under a certain strip of land in said Lexington extending from Lawrence Lane to Webster Road and bounded and described as follows: Beginning at a point in the northerly side line of Lawrence Lane, which point is easterly and distant 10.16 feet from the point at which the common boundary of lots 109 and 110 intersects said side line ; thence running North 8° 54' 49" East through lot 109, lot 146 and an unnumbered lot, distant 431.68 feet to a point in the southerly side line of the Cambridge-Concord Highway; thence turning and running by a curve to the right with a radius of 4050.00 feet along said southerly side line of the Cambridge-Concord Highway, distant 1125.43 feet to a point; thence turning and running North 36° 00' 09" East through Wellington Lane Avenue and lot 75, distant 140.17 feet to a point in the northeasterly side line of Webster Road; thence turn- ing and running by a curve to the right with a radius of 400.00 feet along said northeasterly side line of Webster Road, distant 20.00 feet to a point; thence turning and runningSouth 36° 00' 09" West through lot 76, distant 12 .54 feet to a point in said lot 76; thence turning and running by a curve to the left with a radius of 4070.00 feet through lot 76, Wellings ton Lane Avenue , two unnumbered lots, Pleasant Street, and an unnumbered lot, distant 1094.45 feet to a point in said last mentioned unnumbered lot; thence turning and running South 8° 54' 49" West through 91 last mentioned unnumbered lot, lot 146, and lot 110, distant 414.79 feet to a point in the northerly side line of Lawrence Lane ; and thence turning and running North 88° 46' 10" East along said northerly side line of Lawrence Lane, distant 20.32 feet to the point of beginning; all as shown and marked "20' Sewer Easement" on plan entitled "Plan of Sewer Easment Off Cambridge-Concord Highway To Lawrence Lane and Webeter Road Lexington, Mass.", dated June 1, 1960, John J. Carroll, Town Engineer, to be recorded herewith and a copy of which is annexed hereto and made a part hereof. We do hereby also so take temporary construction easements, for use in constructing the sewer to be installed in the per- manent easement hereinabove described, in the following strips of land situated in said Lexington; 1. A strip of land having a uniform width of ten (10) feet and extending from Lawrence Lane through lots 109, 146, and an unnumbered lot to the Cambridge-Concord Highway, said strip abutting upon and extending the full length of an easterly boundary of the above described permanent easement, all as shown and marked 10' Construction Easement" on said plan; 2. A strip of land having a uniform width of ten (10) feet and extending from Lawrence Lane through lots 110, 146, and an unnumbered lot to a portion of the above described permanent easement, said strip of land abutting upon and extending along the full length of a westerly boundary of said permanent easement, all as shown and marked "Construction Easement 101" on said plan; 3. A strip of land having a uniform width of twenty (20) feet and abutting upon and extending along the full length of the southerly boundary of that portion of the above described permanent easement that bounds on the Cambridge-Concord Highway, said strip of land running through unnumbered lots, Pleasant Street, Wellington Lane Avenue and lot 76, all as shown and marked "20' Construction Easement" on said plan; 4. A strip of land having a uniform width of ten (10) feet and running from Webster Road through lot 76 to the construction easement described in 92 CIthe immediately preceding sub-paragraph numbered 3, said strip of land abutting upon and extending along an easterly boundary of the above described permanent easement, all as shown and marked s10s Construction Ease- ment" on said plan; and 5. A strip of land having a uniform width of ten (10) feet and running from Webster hoed through lot 75 and Wellington Lane Avenue to the Camb- ridge-Concord Highway, said strip of land abut- ting upon and extending along the full length of a westerly boundary of the above described permanent easement, all as shown and marked 10s Construction Easements` on said plan; and reference to said plan is made and said plan is incorpo- rated herein for a complete and detailed description of said strips of land. The temporary construction easements herein taken in- clude the right to enter upon the land taken, to deposit earth and material thereon, and in general to make all use necessary br desirable in connection with the afore- said sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later than August 8, 1961. 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 tothe use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and per- forms any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the pre- mises in reasonably as good condition as when the entry was made . Any trees upon the land included within the above described strips of land are included trrithin the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, 93 but if the name of th$. owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Lots as Shown Land Court on Aforesaid Certificate Owner Plan of Title Book Page James A. Carrig 109,110,75 and unnumb ered lot 77382 503 385 1775 House Inc . 146 83713 548 163 Thomas DiSilva, Trustee of the DiSilva Family Trust 76 96076 610 126 The 1775 House Inc. Unnumbered lot Unregistered Land Angelina DiNunzio Unnumbered lot Unregistered Land And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. Betterments are to be assessed for this improvement . The area which it is expected will receive benefit or ad- vantage , other than the general advantage to the community, from such improvement is shown on the schedule which is hereto annexed and made a part hereof, and it is hereby estimated that betterments will be assessed upon each parcel of land as shown on said schedule . WITNESS our hands at Lexington as aforesaid, this 8th day of August, 1960. /s/ Lincoln P. Cole , Jr. Alan G. Adams Ruth Morey Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss August 8, 1960 Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole, Jr. , Gardner C . Ferguson, known to me to be a majority of the duly 9 ' 1 IMO elected, qualified and acting Selectmen of the Town of Lexing- and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray My commission expires November 21, 1964 SCHEDULE OF ESTIMATED BETTERMENTS Referred to in the Foregoing Order Lots as Shown Land Court Estimated on Aforesaid Certificate Betterments Owner Plan of Title Book Page James A. Carrig 109 77382 503 385 022.93 James A. Carrig 110 77382 503 385 761.97 James A. Carrig 75 77382 503 385 701.02 James A. Carrig Unnumbered lot 77382 503 385 426.71 Thomas DiSilva, Trustee of the DiSilva Family Trust 76 96076 610 126 701.02 The 1775 House Inc . Unnumbered Unregistered Land 1,371.55 Lot Angelina DiNunzio Unnumbered Unregistered Land 3,781.43 Lot Mr. Carroll retired at 8:15 P.M. Lieutenant Corr met with the Board relative to the appoint- ment of a Woman Police Officer for school traffic duty to Woman Police replace Mrs . Ruth A. 0ley, who resigned. 0 ficer He explained that there were three applications on file . Mrs . Gow, Ingleside Road, could not be reached by telephone and did not reply to a letter . Mrs. Gurley was to discuss the subject with her husband and call, but nothing was heard from her. Lieutenant Corr introduced Mrs. Joseph T. Russo, 32 Whipple Road. 95 Mrs . Russo explained that she is presently employed by the telephone company, a toll operator in Arlington She would like to be appointed so that she can have more time to spend with her children who are now being cared for in her absence by her mother. She stated that she does not have a choice of hours and although there will be quite a difference in income , she would like to be at home with her children. The Chairman asked if Mrs . Russo was within walking distance of the school, and she replied that she would have to use her car because she was told that she would be assigned to Countryside . Mrs . Russo retired at 8:20 P.M. Upon motion duly made and seconddd, it was voted to appoint Mrs . Joseph T. Russo, 32 Whipple Road, a Woman Police Officer for school traffic duty to replace Mrs . Ruth A. Oley who resigned. Mt. John Carroll returned to the meeting. The Chairman read a letter from Mr. Carroll, sug- gesting a preliminary discussion relative to the Sewage Contract AF19 (604) - 716 between the Air Force and the Town, a copy of which was attached. It was agreed that the Board could not arrive at a decision without knowing what the increase will bring in. It might result in the construction of the trunk Sewage sewer sooner than anticipated and at a high cost to the Contract Town. The Board felt that it should know first, from the M.D.C . if the sewer is built what it will cost the Town. Mr. Carroll was authorized to acknowledge the com- munication from the Air Force , received by him, and state that the Board is looking into the subject. The Chairman read a letter from Mr. Alfred P. Tropeano, representing Antonio and Concetta Venuti, 397 Lincoln Street, requesting an abatement of the sewer betterment assessment. The Chairman also read a letter from Mr. Tropeano, Abatement representing Antonio and Concetta Venuti, in a claim for damages resulting from the installation of a trunk sewer through their property. Mr. Carroll presented a plan and explained the lo- cation of the trunk sewer and stated that an easement had been taken thhough the Venuti property. The article in the warrant did not provide authority to construct it under betterments. Mr. Stevens suggested, at the time the order of construction was adopted for the 96 y CD construction of a sewer in Lincoln Street, that better- ments be assessed. Mr. Venuti who can connect into the trunk sewer has a betterment against his property on Lincoln Street. Mr. Carroll said that he did not know anything about the claim for damages, and he agreed to contact Mr. Tropeano to find out more definiteiinformation as to what Mr. Tropeano wants for his clients. The Chairman read a letter from Mr. Carroll, and a report from Lieutenant Corr, of the Police Depart- ment, relative to violation of the Rules and Regulations Dump Permit governing the use of the 'dump by James A. Freaney, Inc. revoked 1 West Street, Hyde Park. Upon motion duly made and seconded, it was voted to revoke immediately Yearly Dump Permit #41, issued to James A. Freaney, Inc . At 8:45 P.M. , a group of residents from Burlington Street met with the Board, relative to the proposed sidewalk on Burlington Street . Mr. Dow H. Darden, Jr., 61 Burlington Street, said it was the understanding at the time of the first hear- ing in connection with the street and the sidewalk taking that this was subject to approval by Town Meet- ing He understood this approval has been given, but at the hearing it was not clearly understood that the property had been taken and he had yet to be notified when the property was taken and how much was taken. He said he has been told that he will lose 1250 square feet . 2rlington The Chairman explained that the taking was duly Street recorded following the action of the Town Meeting, Sidewalss and that notification does not have to be made . She stated that lack of notification does not invalidate a taking and explained that there was a public hearing prior to the Town Meeting, which voted the establish- ment of the road, and that is all that is required. Mr. Ferguson said before the hearing he asked if land was to be taken from the property owners and he was under the impression that the answer given was thDt no land would be taken. Mr. Carroll said that he never made such a state- ment because Burlington Street had to be altered and relocated. Mr. Ferguson asked if land was being taken and Mr. Carroll replied that it has already been taken by vote of Town Meeting. He said it is not intended to take any land for the construction of thesidewalk, but the street was laid out so the sidewalk would be at such a location that when the street is built, the road will be the proper width and at the proper lo- 97 cation. He explained that there never was any layout of Burlington Street and one had to be made . He said that he had previously explained to the Board that in order to install the sidewalk, the street would have to be laid out. He said the streets are constructed in such a way that the taking is a minimum of fofty feet and he very carefully went into that last fall. Mr. Darden asked why he must lose ten feet at his front door and Mr. Carroll explained that the street had never been laid out, and was about two rods wide . At some places it was less than thirty-three feet and in some places it was more. Mr. Marshall A. Porter, 45 Burlington Street , asked the reason for widening the street itself. Mr. Carroll explained that when the pavement is built in Burlington Street there will be twenty-four feet and room to construct a sidewalk . He stated that any street built in Town is laid out to a minimum width of forty feet so as to provide a shoulder area. Mr. Darden asked if this was an absolute regu- lation and Mr. Carroll replied that it has been es- tablished as the minimum width a street can be satis- factorily built. He said the Planning Board is now insisting on fifty feet, and he would like to have Burlington Street laid out as fifty feet. The Chairman explained that there has been a great deal of time devoted so thatthe least possible harm would be done to the properties on the street . She mentioned the pins in the street and explained that they represent the center line of the forty-foot taking and said that all town construction will be within the distance of those pins along the street. Mr. Darden said that he recognizes there is what might be called a public necessity but it seemed in- credible that private property could be taken without notification to the property owners . The Chairman said that she had checked with Town Counsel, now on vacation, and maybe the Board could have sent a letter, but it is something that has not been done and, seeing the reaction tonight, it may be something that will be done . However, not having sent out letters does not invalidate the taking. Mr. Adams explained that a legal hearing was held in February and every abutter was notified, and that was so they would all know what was going to happen. He said that at that meeting he tried to explain exactly what was being done and be thought every effort was made to explain what was being done . He said the time of customary explanation was at the beginning which was what that was. He said he was sure there was every opportunity given. lord Mr. Darden said he understood the purpose of the hearing but he did not understand it was taking property . Mr. Adams said the plans showed what was being taken and he thought he discussed with Mr. Darden at the time what land was being taken. He said he was sure he asked at that time if there were any objections. Mr. Robert Ives, 9 Burlington Street, said he was at the hearing in February and he remembered protest- ing about moving a line which would put his property line through a large Maple tree . He said he registered a protest and does not see that he has any recourse . Now he has received a letter from Mr. Carroll stating that the tree will remain standing. He said he should not have to engage a lawyer. Mr. Carroll said that on the basis of a public hearing, the Board decides whether or not to insert an article in the warrant. If there were enough valid objections at the Town Meeting, the members would have voted against laying out Burlington Street. He said the Town Meeting members are the recourse . He said as far as he knows, no notices have ever been sent mit i n laying out streets other than those about the hear- ings . He said perhaps the Town has been remiss, but this is the first case that has been brought to the Board' s attention. He said it is not something that has been done in this particular instance and not in others. Mr. Darden said that was fine . It would seem foolish for him to object to the construction of a sidewalk for personal reasons. He said if he could be assured that there would be some effort made to make individual adjustments, he would appreciate it . He stated that he would not attempt to upset the Town Meeting, but it seemed incredible that this cannot be worked out on an individual basis. Mr. Carroll said that by trying to work out the location of a sidewalk on an individual basis would result in having it in the middle of the street . He said the Town has to have a sidewalk that will look like something and he remembered telling Mr. Darden that he would take his case under consideration and during construction, go out personally to determine whether or not it could be moved. Mr. Darden asked when construction would start, and Mr. Carroll replied that he has set a tentative date of August 15, but it will probably be after that . The Chairman said it would be after the first of September. Mr. Cole said that Burlington Street is being made forty feet wide which is the entire taking, and asked if it included the sidewalk. 99 111 Mr. Carroll replied in the affirmative . Mr . William Gedritis, 47 Burlington Street , said that no one objects to the sidewalk but they have all lived there for a considerable length of time and see no need for increasing the width of the road. He said people know the road is winding and they are going slow. He said that there have been no accidents there , but will be if the street is widened,. Mr. Carroll explained that after a street has been built, the people then realize that it is good to have it wider. The Chairman stated that the width of forty feet has been established and at the moment, the Board is concerned about the sidewalk. She said that the layout is to take care of both sides of the street as reasonably as possible and she thought the people would have as an attractive street as they now have. Mr. Darden asked what width of pavement Mr. Carroll expected to establish, and Mr. Carroll replied that he knows he can get twenty-four feet and he would like twenty-six feet because Burlington Strmt is one street where there is difficulty with cars passing. Mr. Darden said his property has been taken for an indefinite purpose . He is told the street is to be twenty-four or twenty-six feet . Mr. Carroll explained that the Town will hold to the edge of the sidewalk on his side of the street and it appears now as if it will be possible to have a twenty-six foot pavement without doing damage . He said streets are not built less than twenty-font feet. Mr. Darden asked why the taking could not be on the other side of the street, and Mr. Carroll replied that the Town would then become involved in the problem of building walls . Mr. Darden said he was not concerned with the other side of the street. The Chairman said that Mr. Carroll has assured Mr. Darden that he would be on the job to make certain that everything is done that can be done . Mr. L. E. Woods, 21 Burlington Street, asked if there would be an opportunity to look at the plans . Mr. Carroll replied in the affirmative and stated that he has shown them many times. He stated that the street plans are in the office of the Consultant Engineer but he has the sidewalk plans. One woman asked if the town replaced trees, and Mr. Carroll replied in the affirmative . He said a fairly good sized tree is planted by the Town. The Chairman said that people should not expect to get a twenty-foot spreading elm. 100 Mr. Perter, 45 Burlington Street , said that there are five steps going down where the slope easement is going to go. He has dug it down flat and put in a stone- wall which he intended to continue along the entire property. He said now he is told the slope will be put back and he thought if there was a stonewall built, it would be replaced Mr. Car-oll asked when the stonewall was built, and Mr. Porter replied about four years ago . He said he was told that the five steps would be replaced. The Chairman said she thought one of the engineers could go up and answer these questions on the field. Mr. Carroll said he would be glad to talk to anyone . Mrs . Porter said she thought the sidewalk would maks the street prettier. Mr. Carroll explained that a curbing will be put in and buried so that when the street is built, the side- walk will not have to be ruined. He said hearings are held when trees are to be removed and notices of the hearings posted on the trees . One gentleman said he thought everyone understood there would be a three-foot grass plot, and Mr. Carroll explained that there would not be a three-foot grass strip. Mr. Cox, 17 Burlington Street, asked if the Town could take his flagstone steps away, and Mr. Carroll replied, legally, the Town can. Mr. Carroll explained that every time a street is laid out a taking is made in the same manner as this one was and land is taken from the people . He said the Town accepts twenty-five or thirty streets every Town Meeting. Mr. Darden asked if this could not be worked out without legal suits. Mr. Carroll said he would meet Mr. Darden at his house at any time . Mr. Darden said if he hadnot been told so many conflicting thingsand had heard from the Board before the letter stating that work was to start August 15, he would not have been so upset. One gentleman asked on what basis the decision is made to widen a street. Mr. Carroll replied that in this instance the School Committee wrote to the Selectmen asking for sidewalks on certain streets, and Burlington Street was high on the priority list. The Board was in favor of building a sidewalk on Burlington Street, and last fall, he pointed out that if the sidewalk had to be built, the street would have to be laid out. 1 �, 101 Mt'. Adams stated that he was a member of the Planning Board in 1948 and at that time , it was felt that Burlington Street should be laid out, and because the Board was convinced that it was a main street and should be laid out, the County Commissioners were asked to lay it out as a Chapter 90 road. At that time, there were many vacant lots and a group of residents in the area, who have since moved, objected. I1r. Carroll explained that if the sidewalk is built, it will not be used only by school children Mr. Ives asked if all the sidewalks being put in were five feet wide and Mr. Carroll replied in the af- firmative . f- firmative . Mr. Carroll said he would make sure that there are stakes placed this week or next week at the latest which will show the new property line. The group retired at 9:55 P.M. The Chairman read a letter from Mr. W. F. Davis, 18 Boulder Road, relative to the installation of a sewer main to service his house . Mr. Davis seemed to be of the opinion that the work would be done this year. Sewer It was agreed to acknowledge the letter and send Mr. Davis a copy of the Board's letter to him of July • 12, 1960 . Upon motion duly made and seconded, it was voted to sign contracts with Whitman & Howard for Engineer- Contracts ing Services. Letter was received from the Historic Districts Commission relative to certificates of appropriateness for continued display of signs within the district. signs It was agreed to ask the commission to what signs they refer Mr. Carroll retired at 10:15 P.M. The Chairman read a letter from the Planning Board listing three articles to be inserted in the Articles warrant for the Special Town Meeting to be held in for Warrant September. Petition was received from residents in the Fern Street - Moreland Avenue area requesting the extension Buckman of Buckman D*tve as an access and exit from the resi- Drive dential area served by Fern Street. It was agreed to acknowledge the petition and advise that the subject has been referred to the Engine- ering Department and Planning Board for study and an estimate of cost. 102 Letter was received from Mr. Walter C . Ballard, 8 Raymond Street, relative to non-enforcement of the Lexington Zoning By-Law as it applies to the premises Zoning at 6 Raymond Street violation Mr. Irwin expected to have a report for this evening but it did not arrive so the subject was held over . The Chairman read a letter from Barbovs, Inc . , advising of interest in the acquisition of land located in the Meagherville section of Lexington. It was agreed to advise Mr. Barbo that the Board Meagherville is interested, but does not feel it to be in the best interest of the Town to consider disposing of any Meagherville holdings until a proper layout of the entire area has been made . The Chairman read a letter from Mr. Norman T. May, representing Mr. and Mrs. Robert Chapman, offering $4,000.00 for lots 234 to 242 inclusive on Freemont Street free and clear of betterment liens. Tax title It was agreed to advise Mr. May that an offer has been made which would result in more money for the Town and which the Board has decided not to accept. Upon motion duly made and seconded, it was voted to sign Orders for the installation of sidewalks on Sidewalk Bedford Street, Lincoln Street, Massachusetts Avenue Orders and Bloomfield Street Copies of these sidewalk orders may be found in the Selectments Files for 1960, under "Sidewalks". Upon motion duly made and seconded, it was voted to sign application for a Certificate of Incorporation Cert . of Inc . on behalf of Gladys A. Burrell, 5 Wilson Road, satis- factory character reference having been received from ' the Chief of Police . The meeting adjourned at 10:55 P.M. A true record, Attest: etive" Cler , Select en r\ 111 103 SETE C TMEN I S MEETING August 22, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 22, 1960, at 7:30 P.M. Chairman Morey, Gardner C . Ferguson and Norman J. Richards were present . Mr. John J. Car °oll, Superintendent of Public Works, and the Acting Clerk were also present . At 7:30 P.M. , Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three Jurors . The following individuals were drawn for jury duty: Jurors William H. Balsor, 40 Winthrop Road, Irving Goldstein, 31 Peacock Farm Road and Arthur J. Pennell, 6 Upland Road. Mr. Carroll retired. At 7:35 P.M. , hearing was declared open upon the petition of the Boston Edison Company for permission to locate one pole on Muzzey Street, northwesterly side, approximately 10 feet southwest of Massachusetts Avenue Mr. Mahon, representing the Boston Edison Company and Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present . No one appeared in favor or in opposition. Mr. Mahon reported that a few weeks ago he had re- ported on this particular pole, which is a Town-owned pole and carries a pplice spotlight at the present time . The company would like to take this pole and replace it with one of their own, put a street light on it and will Pole 10- still maintain the spotlight. cation Mr. Richards asked if the location of the pole with the street light would interfere with the spotlight, and Mr. Mahon replied in the negative . Mr. Mahon said they would be very glad to work with Mr. Carroll and deliver the pole to whatever location he wished and see that it is done according to his specifications . The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole location: Muzzey Street, northwesterly side, approxi- mately 10 feet southwest of Massachu- setts Avenue , -- One (1) pole . 104 N Jim CJ Hearing was declared open upon petition of the Boston Edison Company for a manhole , conduit and cable on Westview Street at Maguire Road. Mr. Mahon stated that after a brief discussion with Mr. Carroll who has something he would like changed which will make a slight difference, the company would like to make certain changes and resubmit this petition. The Board had no objection. Upon motion duly made and seconded, it was voted to withdraw the following petition: Westview Street, at Maguire Road a distance Manhole , of about 15 feet, - Manhole conduit & Westview Street, at Maguire Road, a distance cable of about 20 feet, Conduit, and armored buried cable . Maguire Road, southerly from Westview Street , a distance of about 90 feet, Conduit and armored buried cable . Hearing was declared open at 7:45 P.M. on the peti- tion .of theBoston Edison Company and the New England Telephone and Telegraph Company for permission to lo- cate four poles on Maguire Road, northeasterly side , southeasterly from a point approximately 310' south- Pole lo- east of Lexington-Bedford Town Line, guy wire and anchor cations on the 2nd and 4th pole . 111 Mr. Mahon, representing the Boston Edison Company and Mr . Frank Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present. No one appeared in favor or in opposition. Mr. Mahon reported that those are four proposed poles which are to be used for dial phone use , but the Boston Edison Company may share in the requisition of the poles as they will be in a position to run a street circuit . Mr. Richards asked if these poles were all in front of Itek, and Mr. Mahon replied in the affirmative . The Chairman stated that this concluded the pole &earings. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole locations: Maguire Road, northeasterly side, south- easterly from a point approximately 310 ' southeast of Lexington-Bedford Line , -- Four (4) pies . Guy wire and anchor on the 2nd and 4th poles. 1. 5 The question was asked what happened to the power line for the Grove Street School, and Mr. Mahon replied that there is a plan under way, but it is still in the planning stage , nothing definite has been decided as yet, but he will be very glad to 1st the Board know. Mr. Mahon and Mr. Consilvio retired at 8:145 P.M. Mr. Carroll reported on the Millyan property on Massachusetts Avenue . The porch on the front and side is in very bad shape and should be repaired or torn down. The tenants would like only the left side taken down, but Mr. Carroll feels it is dangerous as it is . Millyan The Chairman stated that once you start totear property the porch, there will be a lot of other things to do. That side is very bleak, but there is no sense in fix- ing it to its original condition. The house is in need of paint and the floor is really dangerous. Mr. Richards stated that the Town is not responsible if anyone is hurt. Mr. Carroll said the Town had done a lot of repair work in the past few years. Mr. Richards said he felt they should do as little as possible . If the house is going to be moved, it shoal be maintained structurally. To decorate is another matter. Mr. Carroll reported on the MacKeen property. This house has eight rooms, six of which are finished rooms . There is one completely unfinished room. The house is in very bad shape . The big drawback is the heat, which is hot air, with coal, and only one register in the house in the livingroom. He asked Mr. Berglund about renting MacKeen it, and he said the Town could probably get $100 to property $110 per month. If oil heat were installed, it would cost no more than $300, and possibly it would rent for $125 per month. Mr. Carroll said this would amortize the payment to them and return the money lost in taxes. He felt it would be worthwhile to install the oil heat Mr. Richards asked if the same boiler could be used for the oil, and Mr. Carroll replied in the af- firmative . The Chairman said Mr. MacKeen had a fan beside the register to direct the heat. She stated that the Board had received a letter from Mrs. J. Meadows, 536 Massachusetts Avenue, relative to renting the house, and suggested that Mr. Carroll find out what she would pay and leave it heated with coal if it seemed reasonable . However, most people prefer oil . Mr. Richards said to tell her $110 a month with coal, and if they installed oil heat, to charge $125. 106 -1.4 ' Mt,. Ferguson suggested that the Town not bother to put in oil. Mr. Carroll said that they would try to rent it as it is , with coal, and if by October, they have been unsuccessful, they could give it to a Real Estate sealer. The Chairman referred back to the Millyan pro- Millyan perty. She suggested to maintain it structurally, property fix it as little as possible . The tenants do absolutely nothing to keep the place in order. This was approved. Petition was received from residents -and land- Sewer owners of Bridge and Sunnyfield Streets for the in- Bridge & stallation of a sewer. Sunnyfield St. Mr. Carroll said it could not be installed for at least three years. That area will be an extension of the Minute Man Highlands sewer, and that will not be for some time . He reported that there is no sewer in Allen Street. Mr. Carroll was requested to write them and ex- plain the situation to them. The Chairman read a letter from Mrs . J. Meadows, 536 Massachusetts Avenue , relative torenting the MacKeen MacKeen property at 572 Massachusetts Avenue , which 111 property has been taken by the Town. Mr. Richards suggested that Mr. Carroll talk to her The Chairman read a report from Donald K. Irwin, Building Inspector, relative to the complaint received Report with the use of the dwelling at 6 Raymond Street. It was suggested that Mr. Irwin be thanked for his report and asked for a follow-up report for the September 6, 1960 meeting of the Board of Selectmen. The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a 4 inch welded steel high pressure gas main in Fern Street. Gas Main The Chairman asked if this would upset Fern Fern Street Street while it was being put in, also how far it was going, as this street she felt must be kept open as it is a large area to have only one access. Mr. Carroll replied that he planned to cooperate with them, have a Police Officer there and traffic would move slowly. The Chairman asked if gas should go it, and Mr. Richards replied that it is a public service, a utility 107 M1' ' Mr. Carroll stated that the Town has to allow them to do it, they have a right to put a utility in, and it is a good time of year. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 4 inch welded steel high pressure gas main in Fern Street, all to conform to Mr. Carroll' s speci- fications The Chairman read a letter from Sears, Roebuck and Company, with regard to parking a trailer on September 22, 23 and 2t , in the parking lot in the rear of their store on Massachusetts Avenue . She said it would take at least four parking spaces to conduct a sale . She suggested that they park their trailer by their loading platform; also to find out if they are parking for the purpose of unloading or for the purpose of sales, which the Board does not condone . Mr. Ferguson asked if it was necessary to give them permission to use the parking area for a salesroom. He also did not approve of giving them permission to park a trailer on Town property; on their own property they could. The Chairman took the letter and will investigate . Mr. Carroll left the meeting at 8:20 P.M. Mr. and Mrs. George Libby 33 Ridge Street, Arling- ton, came into the meeting at 8:20 P.M. Mrs. Libby stated that they were registering a com- plaint against Officers Buse and Costello of the Lexing- ton Police Department for their attitude and also a hostile manner on the part of the Chief of Police . Their son had been involved in an accident at the corner of Complaint Waltham Street and Marrett Road, for which his license was suspended Recently in another incident with the same Police Officers, he was accused of using profanity. After a very length account of the accident and the charge of faulty equipment in the second incident, Mr. and Mrs. Libby retired at 9:20 P.M. The Board decided to confer with Chief Rycroft as to the final disposition of the case At 9:20 P.M. , the Policy Committee, Mr. John J. Carroll, Mr. Cornelius Cronin and Mr. Edward A. Palmer, met with the Board relatige to the Vacationand Sick Leave Report . Policy Com- Mr. Adams arrived at the meeting at 10:25 P.M. mittee After discussing amendments and additions to the report for an hour and a half, it was decided that 108 0.6 011 ra the Committee would make the necessary corrections and resubmit the report to the Board for its approval. Mr. Stevens had prepared an Order of Taking on Burlington Street for the Board' s signatures . Mr. Richards read a letter, which he had received Burlington from Laierne E. Woods, 21 Burlington Street, setting Street forth the following recommendations to preserve , as Sidewalk much as possible , the quality of the neighborhood. 1. That a change order be initiated immediately with the contractor to revise the width of the Burlington Street sidewalk from five to three feet, and that the extra two feet either be reallocated to the home owners or that they be devoted to a grass strip between the street and sidewalk . Given the situation we are now faced with, these two feet have a significance out of all proportion to the physical width they represent. A five foot sidewalk immedi- ately abutting the street announces in bold letters that this is a crowded neighborhood in process of decline ; a three-foot walk with a grass strip between the street powerfully connotes to an extent not fully appreciated that here is a quiet suburban neighborhood. 2. That a second change order be initiated with the contractor cancelling the construction of the stretch of walk before 9, 17 and 21 Burlington Street . If at the time of the widening of the street itself, such a side- walk has beaneh +wh. to bd. necessary, then thin etratch of walk can be constructed at a greatly reduced cost since its construction will be done concurrently with the widening of the street . Mr. Richards feels the Town will be involved in litigation. Mr Adams stated that the people knew what the plans were , and at the hearing, didn' t have any questions Mr. Carroll stated that Mr. Woods is unreasonable . His big argument is that he doesn' t feel the sidewalk should be built there . He asked why the taking couldn't be equally divided between both sides of the street . j Walls would have to be built but that was no concern of his. Mr. Carroll stated that there is no other way to lay out the street . 109 Mr. Richards stated that the widening of Burlington Street is necessary and asked if there wasn' t sons realistic note in taking into account what could be done to satisfy the people . He also said if Mr . Darden is losing a sub- stantial amount in this taking, he is getting paid for it . Mr. Carroll said if he could give Mr. Darden a couple of f , he would . He said the Town can get a 2L.' pave- r ent7j sidewalk without getting into walls. By Mr. Darden' s house, they have a couple of extra feet, but couldn' t go any further to the left facing Grove Street than the edge of the pavement as it now exists . The Chairmaistated that as far as far as Ives / matter of settlement of land is concerned, it is being held up until Burlington Street deal was through. Mr. Ferguson said he would prefer to wait until it has been studied with the Engineering. Upon motion duly made and seconded, it was voted to sign the Order of Taking on Burlington Street in fhe following form: Mr. Richards was opposed. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 22nd day of August, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof held on March 28, 1960, it was duly "VOTED: To accept the alteration and relocation as a town way of Burlington Street from Hancock Street 2150 feet, more or less, northerly to Grove Street as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated Janua' y 12, 1960, and to authorize the Select- men to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor ; and to raise and appropriate for land acquisition and construction the sum of $500.00.", and WHEREAS the Selectmen have determined that it is necessary in the construction of said Burlington Street, a public way in said Lexington, to acquire slope easements in certain land abut- ting on said way that is 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 ander and by virtue of 110 y raP.m g the provisions of Chapter 79 and of Section 32B of Chapter 82 of u G 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 enter upon, remove, deposit, slope , bank and maintain upon the parcels of land hereinafter described situated on Burlington Street in Lexington whatever material, filling or support may be deemed necessary for theconstruction and maintenance of said Burlington Street ; said parcels of land being situated and abutting on the easterly side line of Burlington Street in said Lexington (as altered and relocated and by order of the Board of Selectmen, dated April 11, 1960, recorded in Middlesex South District Deeds, Book 9583, Page 367) , and bounded and described as follows: Parcel 1. A strip of land commencing at Hancock Street, at land of the Town of Lexington, and ex- tending through lots Cl, B and A, as indicated on plan hereinafter mentioned, to land of the Town of Lexington, said strip varying in width from a - minimum of three (3)feet, more or less, to a maxi- mum of nine (9) feet, more or less, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easements In Burlington Street Lexington, Mess:', dated July 20, 1960, John J. Carroll, Town Engineer, to be recorded herewith; Parcel 2. A strip of land commencing at land of the Town of Lexington and extending through an unnumbered lot, lot 60, and two unnumbered lots to the southerly side line of Red Coat Lane , said strip varying in width from a minimum of six (6) feet, more or less, to a maximum of seventeen (17) feet, more or less, all as shown and marked "Slope Easement" on said plan; and Parcel 3 A - strip of land commencing at the north- erly side line of Red Coat Lane and extending through an unnumbered lot, lot 1, and an unnumbered lot to land of the Town of Lexington known as Kineen Park, said strip varying in width from a minimum of five (5) feet, more or less, to a maximum of thirteen (13) feet, more or less, all as shown and marked "Slope Easement" on said plan; and reference to said plan is made and said plan is incorpo- rated herein for complete and detailed descriptions of said parcels of land. Said rights and easements in the above described parcels 111 l of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premises in reasonably as good condition as when the entry was made . Any trees upon the land included within the above described strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Lots as shown on Owner aforesaid plan Parcel 1. Robert S. Ives and Arne Ives, husband and wife Lot C 1 John J. Cox and Josephine G. Cox, husband and wife Lot B Laverne E. Woods and Onie P. Woods, husband and wife Lot A Parcel 2. Dorothy J. Pihl Unnumbered Lot Marshall A. Porter and Eleanor Porter, husband and wife Lot 60 William Gedritis and Maxine Gedritis, husband and wife Unnumbered Lot Universal Builders Inc . Unnumbered Lot Parcel 3. Universal Builders Inc . Unnumbered Lot Warren E. Padelford and Mark P. Neubauer Lot 1 Dow H. Darden, Jr. , and Diana K. Darden, husband and wife Unnumbered Lot 112 lune No betterments are to be assessed for the construction of Burlington Street, except that betterments will be assessed for the construction of sidewalks in the street. 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 22nd day of August, 1960. /s/ Ruth Morey /s/ Alan G. Adams /s/ Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss August 22, 1960 Then personally appeared Ruth Morey, Alan G. Adams, and Gardner C . Ferguson, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lex- ington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me /s/ James J. Carroll My commission expires 2/26,166 Mr. Carroll presented an Agreement for engineering services (Contract No. 5 1960) between the Town of Lex- ington and Whitman and Howard, for the plan of the Pro- Agreement posed Parking Area abutting on Meriam Street and the rear Parking of Depot Square . Area Mr. Carroll will have 8i" x 11" plans prepared which can be held by the Town Meeting Members while this is being discussed at Town Meeting. Upon motion duly made and seconded, it was voted to sign Contract 1960 No.5 for engineering services between the Town of Lexington and Whitman & Howard, for the Pro- posed Parking Area bbutting on Mariam Street and the rear of Depot Square . I 113 Letter received frau Marine Corps League , Depart- ment of Massachusetts, for a room large enough to ac- commodate a group of 25 to 30 people for one evening Marine Corps a month Detachment Meetings, was held over. Leaga.e Mr. Adams had discussed the matter with Mr. Healy and it was decided to offer a room, at the easterly end of Cary Hall, formerly used by the American Legion, for these meetings, should it prove suitable for their needs. Invitation was received from the Stanley Hill Post 38 American Legion and Stanley Hill Unit 38 Legion Auxiliary to attend their joint installation of Officers on Tuesday, September 13, 1960, at 8:00 P.M. The Clerk was instructed to write them that the Board would be represented. Application was received for the use of Estabrook Hall by the Lexington Junior Chamber of Commerce for a group of foreign students' discussion to be held on September 1, 1960. Estabrook Upon motion duly made and seconded, it was voted Hall to grant the request . Application was received for the use of Estabrook Hall for business and public meetings of the Lexington Estabrook Civil Rights Committee to be held on September 15, 1960, Hall October 27, 1960, January 24, 1961, March 23, 1961 and May 16, 1961 . Upon motion duly made and seconded, it was voted to approve the application. The following applications were received for taxi drivers' licenses : William H. Spiers 185 Lowell Street Taxi Drivers ) Gerald Paul Connor 7 Carville Avenue licenses Paul T. Sullivan 20 Forest Street Donald F. MacElroy 17 Hayes Avenue Upon motion duly made and seconded, it was voted to grant the above licenses. Application for a Yearly Dump Permit from F. J. Hopwood, 21di Bedford Street, was held over. Upon motion duly made aril seconded, it was voted Dump Permit to grant the permit, the truck being registered in Lexington. 1 /4 y CD Application for Yearly Dump Permits from Davey Dump Tree Expert Company, Arlington, Mass . , was discussed Permit Upon motion duly made and seconded, it was voted to advise them that they would be eligible for a Daily Permit Letter was received by Mr. Richards and read by the Chairman, requesting permission for a Block Dance on Dane & Foster Roads for the resident s of the same , to be held on September 3, 1960, from 5:00 P.M. until Block Dance midnight. Upon motion duly made and seconded, it was voted to grant the request, subject tothe advice of the Chief of Police . Application for a Yearly Dump Permit was received from Eugene C . Roberts, 73 Woodridge Road, Wayland, Dump Permit Mass. He is building approximately fifty houses on Turning Mill Road. Upon motion duly made and seconded, it was voted to grant the permit. Application for a Public Carriage License for an additional cab was received from the Minute Man Cab, Public Car- Inc. , 1833A Massachusetts Avenue , Lexington. Before riage Lie. granting the license , the Board would like to be as- sured that the Company has parking space other than around metered areas of Depot Square . Application for the renewal of a Guide License was received from James P. Connell, 55 Forest Street, Guide License Lexington. Upon motion duly made and seconded, it was voted to grant the license . Upon motion duly made and seconded, it was voted to sign Sidewalk Order for Burlington Street. This order may be found in the Selectmen' s Files for 1960, under Sidewalks. Upon motion duly made and seconded, it was voted to sign Street hearing notices on the following streets: Alcott Road Graham Road Thoreau Road Chadbourne Road Hastings Road Whitman Circle Childs Road Lawrence Lane Whittier Road Diana Lane Leeland Terrace Wingate Road Emerson Road Minola Road Lillian Road Fulton Road Rolfe Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on August 8, 1960 . The meeting adjourned at 11:30 P.M. A true record, Attest: re:)4 Ac t ing p le rk a-r fi C 115 SELECTMEN'S MEETING August 29, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, August 29, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson and Cole were present Mr. John J. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles on Pelham Road. Mr. Mahon, representing the Boston Edison Com- pany, was the only person present at the hearing. He Pole explained that there are two existing poles on pro- locations perty of the Grey Nuns and the intention is to extend the line down to the new school under construction. Mr. Mahon stated that, in looking up some old records of the company, it was found that many years ago when this street was rather indefinite as a street, the poles were located on private property and the company would Atm like to move them onto a public way. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following pole locations: Pelham Road, southeasterly side , northeasterly from a point approximately 35 feet north- east of Warren Street, -- 2 poles Mr. Mahon retired at 7:36 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on August 22, 1960 . Letter was received from the Mystic Valley Gas Company for permission to install a 4 inch welded steel low pressure gas main in Winthrop Road and Highland Avenue, necessitated due to the fact that the existing main is pitted to such an extent that Gas Main it precluded repair work. The proposed location was approved by Mr. Carroll. 116 Upon motion duly made and seconded, it was voted to grant permission for the installation of the main, the location and installation to conform to Mr. Carroll' s specifications . Letter was received from the Mystic Valley Gas Company for permission to install a 4 inch welded Gas Main steel high pressure gas main in Kendall Road and Sherburne Road to serve new homes in the area. The proposed location was approved by Mr. Carroll. Upon motion duly made and seconded, it was voted to grant permission for the installation of the main, the location and installation to conform to Mr. Carroll' s specifications. Upon motion duly made and seconded, it was voted Chapter 90 to sign a Memorandum of Agreement for Chapter 90 main- tenance . The Chairman read a letter from the Historic Districts Commission advising that the signs referred to in the Commission' s letter of July 25 were the sign on the building used for guides at the corner of Massa- chusetts Avenue and Mariam Street, various signs on the Battle Green, such as tha one near the grave of the British soldiers, and the bulletin board on the Signs library property. The Chairman asked if someone from the Engineering Department could make a check some time to determine just what signs are being maintained by the Town. Mr. Ferguson suggested a list of the signs other than street and vehicular traffic signs. Mr. Adams reported that the lock on the Old Belfry is broken and the building needs some attention Mr. Carroll reported that he was talking with the Chairman today about rubbish disposal in general. He explained that he arrived at a decision over the week- end and has been studying the possibility of using the Tophet swamp area for sakitary land fill. He had a plan made up, which is available if the Board would like to see it, for the purpose of studying the entire Ml area with the idea in mind that the Town can purchase the lots it does not now own. He had two men from the State Department of Health out and showed them two sites he has been considering for sanitary fill. They told him that, as far as Tophet swamp is concerned, it could be used but because of the four or five feet of peat, it would be 117 an expensive operation and would result in bringing in fill from the outside They also told him the State Health Department would not permit the erection of any building with an underground basement on a sanitary land fill or any place where rubbish had been dumped , the reason being trapped gases. He said he did not think the Town should consider using this area as a sanitary land fill if it cannot later be used for development . The other area he had in mind is owned by Simeone and located off Maple Street. He said this consists of about sixty acres and could be readily made into sanitary land fill but he has heard that someone has an option to purchase the property for $250,000.00 and the option has a year and a half to run. Mr . Carroll said he thought the entire subject should be studied by a consultant engineer and that funds should he authorized at the craning Special Town Meeting to have a study made with a report prepared for the Annual Town Meeting, including in the report of refuse disposal, the problem of garbage disposal. The Chairman asked if the only reason Mr. Carroll was now hesitant about using Tophet swamp was because if used for sanitary land fill, it could not in the future be used for building. Mr. Carroll replied that he thought an analysis should be made to find out just how much potential tax money might be lost. He said it should be determined whether or not the Town will be hurt by using the area for sanitary land fill. He said it is such a complicated and time consuming subject, he thought very definitely an engineer should be engaged. Mr. Adams asked if he wanted expert advise and Mr. Carroll replied in the affirmative . He said he did not want to be put in the position of someone making a re- commendation because of personal interest in an in- cinerator. He said if Tophet swamp was not zoned for Ml, that area could be used for twenty-five years at least for sanitary land fill, but the fact it is an Ml area complicates the matter. He said all this should be analyzed. Mr. Ferguson mentioned that Arlington!kas built over land fill,and stated that many industrial buildings are built without cellars . Mr. Carroll said that because this is an Ml area the Board should have facts and figures as to whether or not the Town is missing an opportunity to push this as in- dustrial land or if it should be tied up as a land fill. The Chairman said that if a study came out in favor of Tophet swamp, the land acquisition problem involves 118 prniq CD 0.01 only a few parcels . If it is to be some place else, a move will have to be made rather quickly. She said that placing a dump in any area will meet resistance . She said she thought that if the Bo a- d approved of this , there could be an article in the warrant and the warrant signed next Monday, instedd of tonight, after Mr. Stevens has looked at it . Mr. Adams asked how much money was involved and Mr. Carroll replied between $2500 and $3000. He said he would like a study of the entire subject, including garbage . He said the Town has considerable open area but the open area has problems connected with it . He said if he recommends an area , he wants to be sure it is correct and it would take him a long, long time to make a comprehensive study. Mr. Ferguson said Mr. Carroll' s problem at the moment is to find a location within the Town to dump and if he can make a land fill, an incinerator will not be necessary for some time He asked if the in- formation could be obtained from a Town Committee or if a consultant was necessary. Mr. Cole said that any local individual would not look at it objectively. Mr. Carroll explained that the Board would not have to follow the recommendations but it would at least know what should be done . Mr. Adams said he thought it was worthwhile enough to include an article in the warrant . The Chairman explained that if there is an article in the warrant, someone could amend the vote and ask for $500.00 for the expense of a committee to be appointed by the Selectmen It was agreed to hold the warrant for the next meeting and to discuss the proposed article with Mr. Stevens . Mr. Ferguson suggested that the subject be mentioned to the Planning Board Mr. Carroll presented a plan of the proposed off-street parking area ná. explained where the Town needs additional land and where it does not need ad- ditional land . The plan showed the Maximum use that can be obtained from the land. He explained that it Proposed will cost $15,000.00 to go down as far as the cross-over Parking Area road and to do the complete job will cost approximately double or a little more . Mr. Carroll said he would like to make a sketch similar to this plan on a smaller scale and have enough copies run off so that all the Town Meeting Members could have one . 119 Mr. Ferguson asked if it would be black and white , and Mr Carroll replied in the affirmative . Mr. Carroll asked if the Board was in favor of constructing half of the area or all of it. If it is the intention of the Board to request $15,000.00 and build only half, he will have the sketches drawn to show only half It was agreed to request the Special Town Meeting to appropriate $15,000.00 and authorize construction of only half the area . Mr. Carroll advised the Board that if the drought continues, he may have to pump water and he would like Water to have an item in the paper this week informing people that the hourly ban for watering is on Mr. Carroll retired at 8:25 P.M. The Chairman read a letter from FrmIk M. Hodgdon, 70 Reed Street, in which he referred to a proposed street at 60 and 62 Reed Street. He said he did not intend to give the property, on which he has paid taxes for 42 years, to Pond Realty or anyone else . The Chairman rported that she talked to Mr. Hodgdon and he claims ownership to a parcel of land, and Pond Realty also claims ownership. She advised Mr. Hodgdon to consult an attorney to take care of his interest, Proposed Road but he said he had a couple of lawyers . Reed Street It was agreed to advise Mr. Hodgdon that the situ- ation is one over which the Board has no jurisdiction and is a matter between him and Pond Realty and suggest that he consult an attorney. The Board received a copy of a letter from resi- dents of Alcott Road to the Planning Board asking that Street Name Board to consider a new name for Alcott Road. Letter fromSears, Roebuck and Co. , requesting per- mission to park a trailer on two parking spaces at the rear of their store was held over . Mr. Ferguson said he did not think the Board should grant permission for the use of municipal property for a private enterprise . He said if it were for charity, Use of park- he might feel differaotly, but he doubted if the Board ing spaces had any right to grant the use of the spaces for that purpose as the property was taken for public parking purposes . Mr. Adams said he felt granting permission would be establishing an undesirable precedent. 120 1.4 Upon motion duly made and seconded, it was voted to advise the concern that Town property should not be used for private enterprise , and that there would be no objection if the company uses its own property on which to park the trailer. Letter was received from Mr. Donald K. Irwin, Building Inspector, stating that, with the Board' s Study of approval, he would like to make a study of the fees Building charged by the Plumbing and Electrical Inspectors Dept Fees and his depar ent in comparison with other communities . Any recomme9aations as the result of a study would be presented to the Board for approval before adoption. The Board had no objection. The Chairman read a letter from George W. Forten, Dog Officer, reporting an investigation of written C onplaint complaint filed by Mr.. and Mrs. Hereon, 30 Blake Road, re Dog about a dog owned by Mr. Paul M. Wagner, Jr. , 33 Blake Road. Mr. Forten said, in his opinion, the dog should be restrained during the day and taken indoors at night, and he recommended that a hearing on the sbbject be held. Upon motion duly made and seconded, it was voted to hold a hearing on Monday, September 12, 1960, to deter- mine whether or not an Order should be issued concerning the restriant or disposal of a dog owned by Mr. Paul M. Wagner, Jr. , 33 Blake Road. Letter was received from the Board of Fire Com- missioners asking if the Board had any objection to the disposal of a 1911 American LaFrance truck stored Fire truck at the East Lexington Station . It will be necessary to Make room for the present Ladder Truck when the new one is delivered. It was agreed to advise the Commissioners that if they want to dispose of the truck, an article will have to be inserted in the warrant for a Town Meeting Mr. Ferguson suggested that the truck may have value as an antique A form letter received from the Legislative Re- search Bureau relative to a study of home rule for Massachusetts cities and towns was held over . The Chairman explained that the Director of the Study of Bureau is asking Boards of Selectmen to make suggestions home rule to help in the study. Mr. Adams said that Mr. Stevens has had consider- able experience on the subject and may have some help- ful ideas. I 121 It was agreed to ask Mr Stevens if he has any recommendations to make Further consideration was given to an application for a Taxi Driver' s License filed by Paul A. Buckley, Jr. , 139 Shade Street The Chairman reported that he should have graduated this year if he had not gone off to school, but came back to Lexington when his father was ill The Board has established the policy whereby no License student while attending High School will be granted a license , and Mr. Adams said th ,t there could be instances where an exception could be made , but there is a policy and some other individual may want the same consideration It was the opinion of the Board that inasmuch as a definite policy has been established and enforced on previous occasions, there is no justification for changing the policy now. The application was denied Application for a license to drive a Taxi was re- ceived from Walter G. Hodgdon, 32 Hancock Street, Lex- ington, age nineteen, not a student . Satisfactory character reference was received from the Chief of Police . Taxi Driver' : Upon motion duly made and seconded, it was voted license to grant a Taxi Driver' s License to Walter G. Hodgdon, 32 Hancock Street . Further consideration was given to application for a Public Carriage License for Car Number 321-701, received from the Minute Man Cab Inc The Chairman read a letter from the applicant Cab License advising that arrangements have been made with the propiietors of theLexington Esso Service Station lo- cated on Woburn Street to park vehicles on the premises when not in use . A signed statement to this effect was received from Jerome F. Garrity, proprietor of the station. Upon motion duly made and seconded, it was voted to grant a license to the Minute Man Cab Inc. for an additional vehicle . Signing the warrant for the Special Town Meeting to be held on September 26, 1960 was held over until the next meeting of the Board. {, •; ` U The meeting adjourned at 9:06 P.M. A true record, Attest: cec Clerk, Selec en 122 CD STD SELECTMEN'S MEETING September 6, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, September 6, 1960 at 7:30 P.M. Chairman Morey, Messrs. Adams, Ferguson and Richards were pre- sent . Mr Stevens, Town Counsel, Mr. John J. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Mr. Cole arrived at the meeting at 9:18 P.M. Hearing was declared open upon application filed by Itek Corporation for permission to store 20,000 gallons of 5 fuel oil in an underground tank on premises located at 10 Maguire Road. Notice of the hearing was inserted in the August 25, 1960 issue of the Lexington Minute-man, and a copy Fuel oil of the notice was mailed to the applicant and to the storage owners of all property deemed to be affected as they appear on the most recent local tax list. No one appeared in favor or in opposition. The Application was approved by Mr. Bernard J. Belcastro, Chief Engineer, Lexington Fire Department . Upon motion duly made and seconded, it was voted to grant a license to the Itek Corporation to maintain an underground tank for the storage of 20,000 gallons of #5 fuel oil on premises located at 10 Maguire Road, Lexington. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on August 29, 1960 Mr. Stevens discussed the subject of water supply for the Bedford Air Force and it was agreed to hold a Conference conference , to be attended by representatives from the Air Force on Friday morning at 8:30. The Chairman referred to a letter received from the Board of Fire Commissioners relative to the sale of a 1911 American LaFrance truck and reported that the sale of any property or material over $300 in value required a vote of Town Meeting. She asked if the Board felt that the Commissioners should have an article in the warrant fo r the. Special Town Meeting empowering them to sell the truck, She reported that, in checking with Mr. Roeder, she was told that they would probably 123 receive $100 for the truck It has been rebuilt so many times that it has no antique value , and an offer of $300 has been received from° a fireman in Westford. Sale of Upon motion duly made and seconded, it was voted truck to approve the sale of the 1911 American LaFrance truck by the Fire Commissioners inasmuch as it does not ex- ceed x- ceed $300 in value and is no longer re quire d by the Department . Copy of letter from Dr. Vincent A. McCrossen to the editor, relative to irresponsible dog ownership, was read and placed on file . The Chairman reported that a Building Permit had been issued for the alteration of the Coffee Shop Build- ing. Mr Stevens said he would see what he has in his Building files on the subject. Permit Upon motion duly made and seconded, it was voted to sign the Warrant calling a Special Town Meeting for Monday, September 26, 1960. Letter from the Legislative Research Bureau rela- tive to a study of home rule for Massachusetts cities and towns was held over. Study Mr. Stevens was asked if he had any recommendations to make and agreed to draft a letter for the Board to approve . Mr. Stevens retired at 8 :35 P.M. Mr. Car oll reported at length on bids received for a snow loader which were as follows : H. F. Davis Tractor Co. , (Nelson) , $13, 632.00; E. J Bleiler Equipment Co. Inc . , $15,250 and Barber-Green Co , $15,465. Upon motion duly made and seconded, it was voted to reject all the bids and to authorize Mr. Carroll to re- advertise for a blower-type unit The Chairman read a letter from Mr Carroll advising that Mrs . Jesse Meadous was not contemplating paying any- MacKeen thing near the amount of rent being asked fob the MacKeen Property property, and he will therefore proceed to place the rental in the hands of a realtor. Letter was received fromthe Mystic Valley Gas Com- pany requesting permission to extend a L. inch welded steel high pressure gas main in Pelham Road to serve the new school now under construction. Upon motion duly made and seconded, it was voted 124 CD to grant permission to the Mystic Valley Gas Company to extend a 4 inch welded steel high pressure gas main in Pelham Road, the proposed location having been ap- proved by Mr. Carroll; the extension to conform to his specifications. Mr. Carroll explained that work has to be finished on the Maria Hastings School field. Mr. Mazerall would like to purchase a York rake to do the job, at a total cost of $600. He stated that it is possible to rent a rake for $20 per day. The Chairman asked how often the rake would be used and Mr Carroll replied that he could not think offhand but every year similar work has to be done by hand. Rake Mr. Richards said he thought it would be unwise to spend the money until the Town has a larger program. It was the consensus of opinion that it would be better to rent a rake for the limited amount of times it would be used. The Chairman read a letter from Mr. D. Boyd Barker, 39 Moreland Avenue , referring to a LE inch gas line being installed in Fern Street. He said a logical analysis Buckman of the situation would indicate th t before approval is Drive granted, which will involve digging up the street and extension making travel more dangeroud, that some definite pro- vision be made for safe access, such as an extension of Buckman Drive . Mr. Carroll reported that the gas line instal- lation was practically completed Mr. Carroll retired at 9:05 P.M. Mrs. Paul A. Buckley, 139 Shade Street, met with the Board and said she would like to state her case in regard to a Taxi Driver' s license which had been Buckley denied her son. taxi driver The Chairman explained that she talked with Mrs . license Buckley after the Board' s decision and told her that the Board had decided once it made a ruling, an ex- ception should not be made Mrs. Buckley said that anything she might say was not against any taxi company in Lexington and it would not be for consideration to Itier son only but for any other boy. She said it seemed to her an injustice to refuse a boy a license to drive a taxi when he is in high school. She stated that usually a boy is through high school at 172 and her son was 18 last March 31. He would like to earn some money. She said she talked to someone in Registrar Riley' s legal department 125 who agreed thrit the Town can issue any regulations but he could not understand why a boy could not drive a taxi but could drive a truck at eighteen She said most boys her son' s age want to earn money and her son wants to earn money to put himself partly through college . She said he could not drive a taxi but could drive a truck and take any job in the Town and she wanted to know why She asked the difference between driving a truck and driving a taxi The Chairman explained that the reason in saying no high school students would be granted a license was not only a matter of their studies, which was a lesser matter, but the fact that young people do speed around town an unreasonable amount in cars and those in school should not be driving a taxi She explained that some towns have regulations whereby they have to leave their cars at home . Mr Ferguson said that anyone driving a taxi must have a permit from the Board of Selectmen which is dif- ferent than driving a truck Mr. Adams stated that in driving a truck, he would not be conveying passengers, and in driving a truck he has only his own safety to think about He said many taxicabs are loaded up with children going to school, and there is a distinction in dealing with the general public Mrs . Buckley said she had checked with taxi com- panies, not only locally but outside , and they find boys to e alert, they don ' t drink, are on the ball and want to earn money. She said they don ' t like drivers over twenty-four who should be earning a steady living. She said the companies would rather have boys eighteen, going to college as they consider them safe drivers . She said she was pleading her case, not for her son, but because she felt the ruling to be an injustice . Mr. Adams said that because of the plea of the taxi company that they could not get help, the Board lowered the age from twenty-one to eighteen. Mrs . Buckley said that the average boy is not eighteen when he finishes high school. She said her son went to private school for two years and through unfortunate circumstances.with illness and his father' s illness, was taken out. Mr. Richards inquired about the hours, and Mrs . Buckley said that her son has worked off hours many times. He can ' t participate in sports because of the three year ruling, and if he can' t drive a cab, he will have to do something else . She said he could work from 2:30 until 6:30 and perhaps on Saturdays or Sundays he would work a full day I 126 CD oar Mr. Richards asked if he would work as a regular driver, and Mrs. Buckley replied that he would be a part-time student driver, working afternoons, Saturdays and Sundays . The Chairman asked how many hours he would work a week, and Mrs . Buckley replied from 2 :30 until 6 30 five days a week . She said the taxi companies need drivers very badly. The older men need more money and the younger men have a sliding rule . She said no one could tell how much they are going to earn The Chairman said the Board would discuss the sub- ject further Mrs . Buckley retired at 9:29 P.M. Mr. Richards said it seems to be a question as to whether or not the Board modifies the rules . On the plea of the taxi owners, the Bo- rd reduced the age from twenty-one He said he thought the feeling was the boy who had not finished high school should not be driving a cab, and over 90% of the boys are not quite eighteen years of age . He asked if the Board was being a little too harsh on a boy still in high school at eighteen who can take any job at all which the Board cannot regulate . Mr Adams said his feelings were in regard to the studies and he does see the taxis and it is not an easy job. He said he would go along if the Botrd wanted to change the age to eighteen with at least three years of high school. He said some boys at eighteen are mature enough to handle the job and some are not . The Chairman suggested issuing a license at eighteen for six months requiring them to come back for a renewal. Mr. Ferguson said whatever the Board does it would be drawing an arbitrary line and there will always be exceptions . He said Mrs . Buckley' s only argument was the fact that if her son drove a truck, he would not need per- mission from the Board, which is true Mr Adams said he could see no reason for making an exception and the present rule should be kept with no exception. Mr. Cole said that in this particular case he would be disposed to make an exception and Mr. Richards said that he was too A motion was made and seconded to grant licenses at the age of eighteen, if the applicants have a Driver' s Education Certificate , for a period of six month's until they are twenty-one ; all present licenses to run the regular time but renewals will be for six months . Mr. Ferguson and Mr. Adams wished to be recorded in opposition. Upon motion duly made and seconded, it was voted to reconsider, and it was Suggested that a taxi driver, to 127 obtain a license at eighteen, must h.ve a Driver ' s Education Certificate , but would be entitled to a license when he reached the age of nineteen Mr. Ferguson said he was opposed. Upon motion duly made and secondea, it was voted to amend the Town of Lexington Rules and Regulations Governing Hackney Carriages, Taxicabs, Renting Cars and other Public Vehicles so that Section 2, item a, will read "Such applicant shall be required to show that he is twenty-one years of age or over, a citizen, a resident of the Town of Lexington, and that he is properly licensed by the Registry of Motor Vehicles or if under twenty-one years of age , that he has a Driver ' s Education Certificate or equal. " Upon motion duly made and seconded, it was voted to grant a Taxi Driver 's license to Paul A. Buckley, License Jr , if he meets the qualifications as outlined in item a, Section 2, of the rules and regulations Application for a Taxi Driv:= r' s License was received from Francis R. Ingram, 85 Aldrich Road, Wilmington, age License thirty-three , Satisfactory character reference was re- ceived from the Chief of Police . Upon motion made and seconded, it was voted to grant the license The Chairman read a letter from Mr. Aiden L. Ripley, 52 Follen Road, requesting permission to hunt on the Tower Estates meadow property, after acquisition by the Town Hunting Upon motion Duly made and seconded, it was voted to advise Mr. Ripley that it is the policy of the Board not to grant permission to hunt on any town-owned land. Mr. Ferguson said that "No Parking" signs had been erected going to Parker Field, but cars continue to park there . He said the Chief should be told that the Signs Board would like to have the "No Parking" enforced more strictly. He stated that it should be determined whether or not it is legal to erect the signs to that they can be enforced It was agreed to tell the Chief that the Board has received complaints and would like enforcement of the "No Parking" and a complete report on it . Letter was received from the Massachusetts Select- men' s Association stating that a Major Medical Hospitali- sation and Disability Income Program is now available to 128 I Insurance its members at a very low cost . The only member of the Board inter- sted in more information on the subject was Mr. Cole , and the Chairman agreed to so advise the insurance representa- tive who called her previously. Letter was received from Mr. Arthur E. Burrell, Director of Civil Defense, requesting appointment of 4rpointment William H. Enders 16 Cushing Roaa, to the position of Intelligence Officer. Mr. Enders has agreed to accept the position and has completed the necessary oath as required under Chapter 639, of the Acts of 1950. Upon motion duly made and seconded, it was voted to appoint Mr William H. Enders to the position of Intelligence Officer in the Town of Lexington. The Chairman read a letter from Mr. Arthur E. Burrell advising that within the next three weeks the Civil Defense Department hopes to complete a contract Local for the installation of the new Local Government Radio Government System. Prior to completion of the contract, he would Padio System like to have the Board designate the Director as the town official responsible for the operation and coordi- nation of this system. It was agreed to send a copy of Mr Burrell' s letter to the Chief of Police , Chief Engineer of the Fire Department, and Superintendent of Public Works and ask if the proposal submitted by Mr. Burrell is satisfactory to them Letter was received from Mr. Donald K. Irwin, Building Inspector, relative to the use of the dwelling at 6 Raymond Str et . 7,oninp- It was agreed to ask Mr. Irwin if the Thompson family living in the house is a resident or if she is renting the property and also to whom the residents pay their rent The Clerk reported that a telephone call had been received from the Lexington Liquor Mart asking the Board to reconsider its decision to close the liquor Lic- or stores during polling hours on Tuesday, September 13 . sales Upon motion duly made and seconded, it was voted not to change the previous decision made by the Board. Upon motion duly made and seconded, it was voted to sign Orders for the following sidewalk installations Allen Street from Waltham Street easterly on the north side of Stedman Road, 374 feet, more or less; I 129 Massachusetts Avenue from Hastings Road 45 23 Sidewalk feet westerly along the southerly side ; Orders Waltham Street from Marrett Road on the westerly side to Forest Street 3772 feet, more or less; Winchester Drive from the westerly side line of southerly side of Winchester Drive from a point opposite the westerly side line of Tyler Road 3250 feet, more or less , to Russel Road The Chairman ~'eported that a telephone call had been received from Mrs . Charles Toscano, 385 Lowell Street, registering a complaint about trucks parking in fiant of her house . It was :'greed to advise Mrs. Toscano that the best solution of her problem would be to request the instal- lation of a sidewalk which would narrow the present park- ing strip. The meeting adjourned at 10:25 P.M. A true record, Attest ec 'five Clerk, Selsc en y�4 f V *Tyler Road 245 feet to Lowell Street and on the 1 130 0.3SELECTMEN 'S HEARING Streets September 8, 1960 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building, on Thursday, September 8, 1960, at 8 :00 P.M. Mrs . Morey, Chairman, Messrs . Higgins and Coscia, of the Engineering Department, and the Execu- tive Clerk were present The Chairman called the hearing to order and explained that it was held for the purpose of making and establishing extensions and layouts of stre is to be presented to the Special Town Meeting, September 26, 1960, for acceptance by the Town. She also stated that notices of the intention of the Board to pass an Orcer for the layouts were delivered by Constable to all property owners as they appear on the most recent tax list . She explained that acceptance by the Town is a legal procedure by whichthe Town, after ac- ceptance , is required to maintain the streets, and streets are not accepted by the Town Meeting unless they have been constructed according to Town specifications . She said that there are two types of streets; those built under the subdivision Control Law by developers which normally require no construction and on which no betterments are assessed, and stated that the majority of the streets to be considered at this meeting were that type The other type , which are private streets when accepted by the Town, are constructed to Town specifications and betterments are charged. The Chairman said that the hearings would proceed street by street and stated that Mr Higgins and Mr. Coscia of the Engineering Department were present to answer questions and to explain the plans posted on the walls . She asked anyone wishing to speak in favor or in opposition to give their name for the record. The first street taken up was Minola Road, from Highland Avenue 625 feet, more or less, westerly and Mi.nola. southerly. Road Mr. C . Charles Luca, 5 Minola Road , said there is an easement shown on the plan and he would like to know that it is . Mr. Hig ins explained that the plan, as shown, is a layout of the street. The easement was laid out as part of the subdivision and has no affect at all on the street . He said if the easement does exist on Mr. Luca' s lot, it would be recorded in his deed, and the fact that the Town is laying out the street has no bearing on it . 131 The Chairman explained that this street was laid out under the Subdivision Control Law No one else wished to speak in favor or in opposition to the acceptance of Minola Road and the hearing was declared closed The Chairman said it would be taken under advisement . The next street taken up was Chadbourne Road, from Concord Avenue 265 feet, more or less, southerly and 580 feet, more or less, easterly and 215 feet, more or less, westerly. Mr Victor Miner, 6 Chadbourne Roac , inquired about sewers . Mr. Higgins stated that this year, as the people knew, the Town was bringing the trunk sewer to the Chadbourne general area of Minute Man Highlands . He said that it Road would be available the following year upon petition of the property owners . He stated that if the people peti- tioned for the sewer, the Board would take it under ad- visement Mr. Miner asked if the sewer had anything to do with the street, and Mr. Higgins replied in the negative The Chairman explained that if the sewer is instal- led after the street has been accepted, the Town would have to pay for the cost of replacing the street No one else wished to speak in favor or in opposition to the acceptance of Chadbourne Roaa and the hearing was declared closed The Chairman said it would be taken under advisement. The next street taken up was Lawrence Lane from Pleasant Street to Pleasant Stre t Mrs. Theodore Mairson, 29 Lawrence Lane , asked if the Town was bringing the main line of the sewer in this year Mr. Higgins replied in the affirmative and said Lawrence that it will be in the general area by the end of this Lane year and that work is being done on the contract now. Mrs . Mairson asked if application for the sewer had to be made by a certain date . She stated that there is an association that will handle the corres- pondence . Mr. Higgins replied that if the people want to connect to the sewer next summer , they must have a peti- tion in by October first of this year If they want the sew,,r the following year, the petition would have to be in by the first of October in that year. Mrs . Mairson asked if there was a plan as to how the sewer will be taken to the residential area, and 132 srz Mr Higgins replied that there is no accepted plan but the Public Works Department knows how it will be done . He explained that the sewer would be brought to Lawrence Lane under the contract and after that the sewer is ex- tended by the Town to service the houses Mrs . Mairson asked how she could find out about the cost, and Mr. Higgins said that immediately after the property owners apply, the Engineering Department would have an estimate of cost prepared and sent out . The Chairman said she would not say immedlately and stated that it probably would not be that quick Mrs . Mairson asked to whom the petition should be sent, and theChairman replied that it should be submitted to the Board of Selectmen. It would then be referred to the Public Works Department and an estimate of the cost would be prepared and sett oUt for signatures . She said when the signed sheets are returned, the request is then added to requests alre9dy received. She recommended 100% signatures. Mrs Mairson asked if there were any advantages to not h9ving an accepted street, and Mr. Higgins replied in the negative Mrs . Mairson asked if there would be any charge for acceptance of the street, and Mr Higgins replied in the negative . Mr. Walsh, Childs Road, asked if the normal procedure would be to have the streets presented to the Town Meeting and accepted without any further discussion if there were no objections at this hearing. The Chairman replied in the affirmative and stated that in the case of Robinson Hill, certain easements have to be worked out with Mr. Newgent and he has assured the Town that they will be taken care of before Town Meeting. No one else wished to speak in favor or in oppo- sition to the acceptance of Lawrence Lane and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Lillian Road, from Lowell Street 675 feet, more or less, westerly No one wished to speak in favor or in opposition to Lillian the acceptance of Lillian Road and the hearing was de- Foad c7a red closed. The Chairman said it would be taken under advisement . I 133 The next street taken up was Rolfe Road, from Fulton Road a distance of 190 feet, more or less, southerly. No one wished to speak in favor or in opposition to the accepta-ce of xolfe Road ald the hearing was Rolfe Road declared closed. The Chairman said it would be taken under advisement The next street to be taken up was Fulton Road, from Lowell Street a distance of 615 feet, more or less, easterly. No one wished to speak in favor or in oppo- Fulton Fu,c sition to the acceptance of Fulton Road , and the hearing was declared closed. The Chairman said it would be taken under advisement The next street to be taken up was Thoreau Road from Emerson Road to Lowell Street . Mr. Stanley Bernstein, 3 Thoreau Road, said some- thing was mentioned about meeting specifications before the Town accepts the street. He said the shoulder be- tween the sidewalk are. the road is far from satisfactory Thoreau foPL as far as seeding and loaming is. concerned. Mr. Higgins explained that the builder is required to build the shoulders with a certain amount of loam and enrugh grass growing on the shoulders to keep the water in the gutter on the pavement itself. He said the builder is not req :fired to use a high-grade grass seed and there are occasions when it does not match the lawns Mr Bernstein said the shoulder of Thoreau Road at the corner of Alcott Road is all gravel and is not what he considers reasonably seeded. Mr. Higgins said that after the street has been ac- cepted, the Town will be responsible . Mr. Paul R. Heberling, 5 Thoreau Road, said his pro- perty is 90% gravel . He said he put grass seed in him- self and has nothing but weeds Mr. Bernstein said he would object to the acceptance of a road that has to be replaced and paid for by the Town and he , as a taxpayer, would have to bear in the expense . Mr. Higgins explained that the Town requires some- thing that will not be washed out . Mr. Bernstein said he understood a gravel top was not acceptable Mr. Higgins said there are times when these things are missed and this may have been one of them. Mr. Bernstein said he wanted it in the record that he does want the street accepted, but does not want to share in the burden of cost. 134 10..► Immo The Chairman said that Mr. Bernstein was pointing out that he does noqiiiig shoulders have been prepared in proper fashion and that they should be before the street is accepted. Mr . Heberling said that there is a break in the road in front of his house and the surface of theroad has tractor marks. He said the road itself is at a level that causes the sidewalk to be higher than his property He stated that he and Mr. Bernstein have a considerable amount of water at least eight or nine months of the year. He said there is something wrong that causes this water Mr. Coscia said that Mr. Heberling lives in one of Mr. John Nome 's houses that was built before the side- walk was put in and Mr. Moore did not know how high the sidewalk would be . He said this was not the Town' s fault but the builder' s . Mr. Heberling said it was the Town' s responsibility and hot Mr. Moore ' s Mr. Higgins said that the road has to be built before the house Everything done after that whether it is right or wrong should be compared to the road. Mr. Heberling said he understood there should be a completed plan of the subdivision and this plan should be so that the builder can arrange the fouxflations so they are commensurate with the road plan. Mr. Higgins said the Town has the responsibility of the road and what the builder does from then on is not the Town' s responsibility The Chairman explained tht the subdivider' s plan is approved by the Planning Board and the Building Inspector checks as to setback and sideyards . If the builder wants to build a house low or high, the Build- ing Inspector has nothing to do about it Mr. Higgins stated that the Town has no jurisdiction as to whether the house is high or low. Mr. Bernstein said the road is supposed to be in and built before a house is built . Mr. Higgins explained that the grade of the read is approved on a plan before the houses are planned. Mr. Heberling asked if the Town was concerned about the drainage and Mr. Higgins replied that the Town is concerned about the c..rainage of the road and what happens on the lot is up to the Health Department to a certain extent. He said there is a by-law whereby no house or lot can be connected into a drain. The Chairman said that the Engineering Department would check into the matter . Mr. Heberling asked about street cleaning and said the street is loaded with gravel. The Chairman said the street would not be swept by the Town until it is accepted 135 No one else wished to speak in favor or in oppo- sition to the acceptance of Thoreau Road and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Whitman Circle , from Thoreau Road a distance of 330 feet, more or less northerly. Whitman Mr . C . Raymond Block, 1 Whitman Circle , said that Circle at present the circle doesn' t have any sidewalks and asked if it was the intention to put them in. The Chairman replied that if he desired a side- walk, he should apply and there would be a betterment charged. Mr. Block asked if a sidewalk would be built without anyone requesting it , and the Chairman replied that she did not believe so. Mr. Block said that at the circle part of the road there are no sewer drains but at the beginning of Whitman Circle , there are two. He said the water from the circle piece of the property runs down the whole circle until it reaches the drains at the point of Thoreau Road and Whitman Circle and in man y cases spreads out to the property before it gets to the sewer drains . He asked if same drain was not put in that should have been put in Mr. Higgins explained that there was no drain de- signed and if the water is going onto the property, it will be corrected by the Town after acceptance by either building the shoulder up or putting in a berm. No one else wished to speak in favor or in oppo- sition to the acceptance of Whitman Circle and the hear- ing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Alcott Road from Thoreau Road 770 feet , more or less, northwesterly Mr. Henry J. Roth, 11 Alcott Road, said he Alcott Roaa would like to mention something not directly to do with the acceptance of the street but rather the problem of renumbering the houses on the street The Chairman said that theBoard had Mr. Rothts letter, that the subject has been discussed with the Planning Board and it is believed that a solution has been found. She explained that, in discussing this with Mr. Carroll, she understood that the plan for the other side of Alcott Road has not gone so far but that the name of that street can be changed and the present numbers on Alcott Road will remain the same . She stated 136 1.4 op- that the information was maze available only this after- noon. Mr Roth said he had been advised differently. The Chairman stated that everyone has been trying to work out some satisfactory solution. No one else wished to speak in favor or in oppo- sition.to the acceptance of Alcott Road and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Emerson Road from Vine Brook 740 feet, more or less, southeasterly Mr. Harold S. Goldberg, 10 Alcott Road, asked if this portion was the l_ ortion that has been built and the Chairman replied in the affirmative . 7,merson No one else wished to speak in favor or in oppo- F nad sition to the acceptance of Emerson Road from Vine Brook and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Graham Road from Burlington Street a distance of 700 feet, more or less, southerly and easterly Graham Mrs. Frances E Ampolo, 185 Burlington Street , Pcadsaid that some of her neighbors did not receive a notice of the hearing . The Chairman read a list of seven names and addresses listed on the Constable ' s return certifying that notices had been delivered. No one else wished to speak in favor or in oppo- sition to the acceptance of Graham Road and the hearing was declared closed. The Chairman said it would be taken under advisemBnt . The next street taken up was Whittier Road from Graham Road 645 feet, more or less, southwesterly Mrs Ampolo said again, on this road, some of shittier the people did not receive notices . She said the Pod question of street lights came up and asked how they could go about getting them The Chairman replied that she should write to the Board of Selectmen and request the installation of street lights . The request is referred to the Super- intendent of Public tiNorks and lights are installed as Town Meeting allows No one else wished to speak in favor or in oppo- sition to the acceptance of Whittier Road and the hearing was declared closed. The Chairman said it would be taken under advisement 137 The next street taken up was Childs Road from Cedar Street 135 feet, more or less, easterly Mr. William T iJalsh, 11 Childs Road, asked if the easement in question was the one for the old sewer never used by the Town Childs Fioad Mr Coscia explained that the easement in que stir n is the one that Harvey Newgent haL never given the Town Mr. Walsh asked if the solution was to eliminate the easement The Chairman read a letter from Mr Snow, Planning Director, relative to obtaining sewer easements in the Robinson Hill area and he understood that Town Counsel is to prepare grants of easements to be sent to Mr . Newgent to obtain the necessary execution of each in- strument . It is hoped that the properly executed in- struments will be returned prior to the Town Meeting. Mr. Walsh asked if Mr Newgent would ask the people to give easements. He said the easement is on the plan but it does not appear on the deeds . Mr. Higgins said that Mr. Newgent would try to get the people to give the easements . Mr. Coscia said that the easement on Mr Walsh' s land is not in use . The easement to be acquired is in use Mr. Walsh said there is a traffic problem in the area He said the children have only one place to play and that is in the street . He asked what to do to have it made one way. The Chairman said that Mr. Walsh was talking about a 'Oroblem that will continue to exist, and that he was one of the individuals witha house on a large lot, and one reason of the requirement for large lots was so that the children could be kept in their yards She stated that it is the responsibility of the parents to keep the children off the streets . She explained that the people could ask the Town to corstruct sidewalks for which a betterment of $1.00 per running foot is charged Mr. Walsh said that in St. Louis the town puts up wooden horses placed unevenly on the street so the traffic is slowed down The Chairman said if the speed of the traffic was such that he considered it dangerous, a call to the Police Department would be in order but she did not think he would have the right to ask people to keep off the street so the children can play in it . She said children, and she has had children, should be told where they belong, Mr. Walsh said the children, about thirty, go to the Hancock School and have to cross the busy street in the morning when traffic is heavy. 138 ' 0.2 The Chairman asked if they crossed at the bottom of Hastings Road and Mr. Walsh replied that they go to Warthen Road . Mr. Laren said he would like to go along with what Mr Walsh has said and he feels very strongly about it . The Chairman explained that most of the people using the streets are residents of the town Mr. Lowell L. Wilkes, Jr. , 4 Childs Road, asked if there would be any traffic measures that would be differ- ent if the street is not accepted than there are if it is accepted. Mr. Higgins replied that the road as a private way has been built and dedicated for public use so anyone can go onto the road as well as the people who live on it. Mr. Walsh asked if it could be made one way and Mr. Higvins said he doubted very much if the people could make it one way. No one else wished to speak in favor or in oppo- sition to the acceptance of Childs Road and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Diana Lane from Childs Road 610 feet, more or less, northerly. The Chairman explained this is a portion of Diana Lane which is now in excellent condition and the other Diana Lane portion would be taken up later Mr. Lloyd McIntosh, 15 Childs Road, asked if there were any easements and the Chairman replied just that one . Mr. McIntosh asked if that was the only easement difficulty and Mr. Coscia replied in the affirmative . No one else wished to speak in favor or in oppo- sition to the acceptance of Diana Lane and the hearing was declared closed. The Chairman said it would be taken under advisement. The next street to be taken up was Wingate Road from Diana Lane 795 feet, more or less, northeasterly. Mr. Coughlin said he noticed h/w on the plan and asked what it meant. ingate The Chairman explained that it means husband and Ton wife Mr. Coughlin said that was incorrect as it should be brother and sister. No one else wished to speak in favor or in oppo- sition.to the acceptance of Wingate Road and the hearing was declared closed. The Chairman said it would be taken under advisement. The next stre t to be taken up was Leeland Terrace 189 from Wingate Road 350 feet, more or less, southeasterly Mrs. Richard Saulnier, 7 Leeland Terrace , said she Leeland was in favor and requested street lights Terrace No one else wished to speak in favor or in oppo- sition to theacceptance of Leeland Terrace and the hearing was declared closed. The Chairman said it would be taken under advisement. The next street to be taken up was Hastings Road from Massachuset s Avenue to Childs Road . No one wished to speak in favor or in opposition Hastings to the acceptance of Hastings Road and the hearing Road was declared closed. The Chairman said it would be taken under advisement. The Chairman stated that this concluded the streets which have been built under the Subdivision Control Law The next street to be taken up was EmersonRoad from East Street 240 feet, more or less, northerly. The Chairman explained that this road connects East Street to the Emerson Road previously mentioned Emerson and runs beside the house recently renovated on East Road Street and now for sale . She stated that last March the Town Meeting voted to purchase this for $3500 with the provision. that if the road were built within two years, the price of the lot would be $1.00. She said the Town would pay for this section of the road One man asked why a road was being put in where there are no more than a dozen houses in an area off the beaten track He said it seemed odd to him and somewhat needless . The Chairman explained this is part of a master plan of Lexington, and when Mr. Moore developed Burnham Farms, he left a seventy-foot strip for Emerson Road be- cause Emerson Road one day will be one of the major roads in Lexington. Mr. Robert E Cross, 1 Thoreau Road, said that is not what Mr Moore told him. He told him that road would not be connected through in the next decade Mr. Cross said there are other ways to spend taxes with- out cutting reads that are not necessary Mr. Higgins said that if Mr. Cross would stop in at the Engineering Department at any time , he would be glad to explain the road to him and stated that the plan may be available in the office of the Planning Board. Mr. Cross asked what the people could do to hinder in any way any action towards putting that road in at the present time The Chairman stated that Town Meeting voted to buy a piece of land for $3500rand it will cost $1.00. She explained this waa part of the long-range plan. She 1400.3 c3 said if Mr Cross would look at the bridge , he would notice it was built wider than necessary. This was done for for the future and the Town paid for the extra width of the bridge . She stated that this had been planned for a number of years. She explained that if the Town does not construct that road in two years, it will have to be done afterwards and so $3500 will be lost . Mr Cross said there is no need for the additional egress to the development. Mr Higgins explained that the town has already agreed to purchase this land for a road layout for $3500. If the town builds the road within 2 years, the cost of the land will be $1 00. Building within two years will save $3500 . Mr. Cross asked to whom the Town was committed for $3500 and Mr. Higgins replied he believed it was the Todd Realty Trust. Mr. Cross said the only person receiving any benefit is Mark Moore . The Chairman said the overall plan shows that this street was planned to go through to East Street and it should go through to East Street . She said that, further- more , there will be a water line put through there and the water service will be better. Mr. Cross said he would like it noted on the record that he as an individual was requesting the Town to request an extension of this agreement with Mr Moore No one else wished to speak in favor or in oppo- sition to the acceptance of arson Road and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street to be taken up was Diana Lane , from Hill Street 350 feet, more or less, southeasterly. Mrs . A. J hn Gale , 10 Diana Lane , asked about the betterment and-Mr. Higgins explained thatthe Town has been using $7.50 a front foot for building roads on Diana Lane either side so the total was *15 a square foot It was found to cost $23 .90 to build the roads and so the charge will be $15. He said the Town is in the process of get- ting the price up. However, on Diana Lane , the estimate of $7.50 was used . Mrs . Gale asked what was wrong with the road outside of her property. She said she understood the road was going to be finished after she moved in but it never was and they paid to have it finished. Mr. Higgins explained that the road is not built to Town specifications which call for a road twenty-four feet wide and the present width of the road is somewhat less . Mrs . Gale asked if he was sure , and he replied that 141 he was certain it is not as wide as the road Mr. Newgent built. The Chairman asked if Mr. Shoemaker built to Hill Street and Mrs . Gale replied in the negative . Mr. Higgins explained the portion the town is going to build takes in the first lot, the second lot and half of Mrs . Brown' s . Mrs . Brown said when that part of the street was tarred, it was not twenty-four feet wide but it was finished even with the edge of the street on her side of the street Mr. Higgins said that actually the entire area would be resurfaced He said he thought the drainage was in and met the specifications The Chairman said if drainage is in, the cost would not be as high. Mr. Higgins said the cost would be around $ 10.00 with drainage . The Chairman stated that it was planned to put Diana Lane through but therewas a little altercation with the people living in the house facing Hill Street . She said it is desirable to put the street through and make it the Town' s responsibility Mrs. Gale asked if Mr. Higgins would l6ok at it again and he agreed to do so. Mrs. Brown said she did not think there should be an assessment on the portion already built and Mr. Higgins said that would be reconsidered. No one else wished to speak in favor or in oppos- ition to the acceptance of Diana Lane and the hearing was declared closed. The Chairman said it would be taken under advisement. Someone asked about the width of Emerson Road and the Chairman explained that it was seventy feet with a twenty-four foot pavement . She said the lot that looks like the individual' s lawn is not his . Mr. Cross said the side of the brook off Emerson Rbed is disgraceful. He said the Town owns it and it should be cut . He said he was referring to the land between the brook and Emerson Road about which he called and was told the Town owns it . The meeting adjourned at 9:20 P.M. A true record, Attest: l Q ' ef4tiv(0l4-k, Sete to n - ' 1 . V 6 c 142 4r+ SELECTMEN1S MEETING Se itember 14, 1960 A regular meeting' of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday, September 14, 1960, at 7 30 P.M. Chair- man Morey, Messrs . Adams, Ferguson, Cole and Richards were present. Mr Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executtve Clerk were also present Mr . Mahon, representing the Boston Edison Company, met with the Board relative to proposed manhole and con- duit locations on Westview Street and Maguire Road. Mr. Mahon stated that his company had previously petitioned the Board and at that time, Mr Carroll had other thoughts so that petition was held in abeyance . The company then presented plans to Mr Carroll and he 7nhole and approved them Since that time , another petition has conduit been presented to the Board Mr . Mahon said that the locations Itek Company is anxious to set a driveway under which these cables will lay. Itek wants the cable in so that the driveway can be put in Mr. Mahon said if it is agreeable to the Board, he had a petition with the original date showing a new layout of the plan . He explained that the public hearing which was held on the earlier petition could apply to the petition the Board now has dated in the original form. Mr . Carroll said it was greeable with him. He stated that the one abutter involved works for the Town and has no objection. The Chairman said that this merely changes the line so there will be less cut of the street. Upon motion duly made and seconded, it was voted to approve the petition, as of the earlier date, and sign the order for the following manhole and conduit locations Westview Street, at Maguire Road, a distance of about 15 feet - manhole . Westview Street, at Maguire Road, a distance of about 35 feet,-conduit Maguire Road, southeasterly from Westview Street, a distance of 150 feet - conduit Mr. Mahon took the petition dated August 24, 1960 and retired at 7:38 P.M I 148 Mr. Stevens stated that the last Extension of Time for passing papers on the property on Follen Hill was the fifteenth of this month. A preliminary plan was finally completed Friday which has been iven Extension of some study and the Land Court will have something to Time say about it He said he thought there would have to be some lots cut out and asked the Board to grant an- other extension of time Upon motion duly made and seconded, it was voted to extend the time for delivery of the deed and payment for a certain parcel of land to be acquired from the Trustees of the Tower Trust to October 31, 1960 . Mr. Stevens presented Orders of Taking by eminent domain of sewer and drain easements on two parcels of land off Barrymeade Drive . He explained that they are the same parcels on which the Commonwealth has sewer easements Easements Mr Carroll explained that the sewer on Barrymeade Drive has to slope down from Lincoln Street to the trunk sewer behind Howard Johnson' s restaurant He stated that funds are available for the construction of the drain from the end of Barrymeade Drive to the rear land of the State and he has written the State for permission to occupy a forty-foot easement for utilities which the State already has . He reported that he received verbal permission and has been toldthat that written permission will be given . The Chairman asked Mr. Carroll how soon he wanted to enter the area, and he replied that he would like to go in very soon as the contract has been awarded The land is wet and the contractor should have been in there before Upon motion duly made and seconded, it was voted to sign Orders of Taking by eminent domain of sewer and drain easements on two parcels of land off Barrymeade Drive in the following form C ONi ONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting of the Bce rd of Se]e ctmen of the Town of Lexington held on the 14th day of September, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof held on March 21, 1960, in accordance with the pro- visions of law applicable thereto, the following votes were unanimously adopted: 144 C: w•+ "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains , subject to the assessment of better- ments or otherwise , in such accepted or unaccepted streets or other land as the Selectmen may determine , in accordance with Chapter 504 oft he Acts of 1897 and all acts in amend- ment thereof and in addition thereto, or otherwise , and to take by eminent domain, purchase or otherrwise acquire any fee , easement or other interest in land necessary therefor; and to appropriate for such install tion and land acquisi- tion the sum of $24'_; ,750.00 and that payment be provided by the transfer of $22,350.00 from the Excess and Deficiency Account, the transfer of $57,400 .00 from the Sewer Assessment Fund, and by raising the balance of $165,000.00 in the current tax levy " "VOTED: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as they may determine , in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise , * and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor, and to appropriate for such installation and land acquisition the sum of 614,000.00 and to provide for payment by transfer of $24,000.00 from the Excess and Deficiency Account and by raising the balance of $50,000.00 in the current tax levy." WHEREAS the Selectmen have determined that it is necessary in the public interest to install sewers and drains in the parcels of 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, Chapter 263 of the Acts of 1926 and Chapter 79 of the General uaws, 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 (1) a sanitary sewer or sewers with any manholes, pipes , culverts and other appurtenances, and (2) a covered surface and ground water drain or drains, with any manholes, pipes, conduits 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 two parcels of land situated in said Lexington and bounded and described as follows: Parcel U-l. A parcel of land supposed to be owned by Joseph F. Busa and Rosana Busa and bounded as follows : * subject to the assessment of betterments or otherwise , 145 WESTERLY by the ea:'terly location line of the January 6, 1953 State highway layout, about forty (40) feet; NORTH1 RLY by thedividing line between said land of Busa and lands now or formerly of Caywood and Edith Greening, of Mary L. and Frank Oliveira, and of Jackson C and Arthur J. Thyng, about five hundred twenty-five (525) feet ; EASTERLY by the dividing line between said land of Busa and land now or formerly of Helen B. Sarano, about forty-one (41) feet; and SOUTIRLY by a line extending from said Busa-Sarano dividing line , parallel to said dividing line between land of Busa and lands of Thyng, Oliveira and Greening and forty (40) feet distant therefrom, to the aforesaid State highway location line, a distance of about five hundred sixteen (516) feet; containing about 0.48 acres; all as shown on plan entitled 'Plan of Sewer And Drain Easement Off Barrymeade Drive , Lexington, Mass.", dated February 8, 1960, John J Carroll, Town Engineer, to be r corded herewith Parcel U-2 A parcel of land supposed to be owned by Helen B. Sarano and bounded as follows SOUTHEASTERLY by a curved line marking the northwesterly end of Barrymeade Drive , about fifty three (53) feet, WESTERLY by the dividing line between land of said Sarano and land now or formerly of Joseph F. & Rosina Busa, fifty nine and 47100 (59.47) feet; and NORTHEASTERLY by a line drawn on an extension of the northeasterly street line of Barrymeade Drive , as it exists along the front of lot 18 on Barrymeade Drive , thirty-two and 28/100 (32.28) feet; containing about 565 square feet; all as shown on said plan Said rights and easements are taken subject to the rights and ease- ments taken by the Commonwealth of Massachusetts, acting by its Depart- ment of Public Works, by order dated September 22, 1953 and recorded in Middlesex South District Registry of Deeds, Book 8145, Page 135. 146 GPI Said rights and easements are taken wit5:out interference with mrr- prejtadicestioattle lights citf,, tbet Te.spectfive, *wners. ,off'• tb.e dam, .gcluded w•ittrini the.f ab& a descriptions,, exce'p<t'-so fe.r as de reason- kin, necessary, dih the .exeh ice 4f)theri htetand, a .temetats. hereby te.ken.;lind th`erelSre reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent 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 as good condition as wh-_ n the entry was made . Any trees upon the land included within the above described strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Owner Parcels Joseph F. Busa and Rosina Busa, husband and wife U-1 Helen B. Sarano U-2 And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded No betterments are to be assessed for this improvement. WITNESS our hands at Lexington as aforesaid, this 14-Lh day of September, 1960 . /s/ Ruth Morey Lincoln P. Cole , Jr. ,,c Alan G. Adams Gardner C . Ferguson Norman J Richards Majority of the Board of Selectmen 147 C OT^MONWEALTH OF MASSACHUSi:TTS Middlesex, ss . September 111 , 1960 Then personally appeared Ruth Mor- y, Alan G Adams, Lincoln P Cole , Jr , Gardner C Ferguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 1964 Mr. Stevens reported on the meeting held with the representatives fromthe Air Base on Friday morning Water - relative to the subject of water supply to the base Air Force The Chairman, Messrs . Stevens and Carroll left the meeting at 8:40 P.M° Mr. Richards acted as Chairman and hearing was declared open upon complaint filed by Mr. Fred E. Hersom, Jr. and Lena A. Hersom, 30 Blake Road, that a dog owned by Mr. Paul M. Wagner, Jr. , 33 Blake Road, was a nuisance by reason of excessive barking and chasing and damaging cars . The Chairman introduced the members of the Bop rd and expl fined he would proceed with the hearing. He asked those present to identify themselves and said he would swear in those who wished to give evidence He explained that the complainant would be heard first; after he or she ha: completed what they have to say, anyone else could speak. Following that , the Board would hear fromthe owner of the dog. The following persons, wishing to give evidence , Dog hearing sod, raised their right hands and swore that the evidence to ge given in this case would be the truth, the whole truth and nothing but the truth: Fred E. Hersom, Jr. , 30 Blake Road, Mrs. Fred E. Hersom, Jr. , 30 Blake Road, Mrs. Paul M. Wagner, Jr , 33 Blake Road, John F. MacNeil, 117 Shade Street , Doris MacNeil, 117 Shade Stret, Mrs . John Berquist, 2 Concord Road, Bed- ford, George W. Forten, Dog Officer. The Chairman explained that it is within the province of the Board of Selectmen to issue an order to restrain this dog if, in its opinion, the dog is a nuisance by 148 r• reason bf its vicious dispositioh Or excessive bark- ing or other disturbance He stated that the Board had the Dog Officer make an investigation and submit a report before the hearing was held. Mr. Hersom said that he regretted the necessity of being at the meeting but the reason is because personal appeals by himself and by Mrs Herson to the owner that the dog be restrained so they could sleep, and that the dog cease to pursue cars, has met with no compliance as far as he knew. He said appeals to the police have received attention and the officers have visited the premises at all hours and were assured by the owner that the dog would be restrained. He said the last episode was Monday evening when the dog tried to jump on the car of one of the witnesses here . He said there was an episode ten days ago to his own car when the dog jumped on it and created damage and gave the impression he wanted to bite an elbow He said he then spoke to the owns--r sharply for which he was sorry. He said he talked to her several times before and asked her to keep the dog off the car. Mr. Hersom said he would have no objection to the dog being kept on its awn property. He said he wanted the Board to restrain the dog so that it will not interfere with people visiting his house . He said a few weeks ago, a man came to his house , very much shaken, and asked if he owned the dog The man said the dog tried to bits his arm. Mr. Hersom asked if he would be willing to present evidence to the police , but he said he would not be back in the area and was not interested Mr. Hersom said the trouble has occurred over an interim of probably two years . He state()_ that on several occasions they have been awakened at two or three in the morning by barking which continued for a matter of several hours . He said one time it was from seven at night Until six in the morning, almost without interruption . He said he wanted something done so that this would not be re- peated The Chairman asked Mr. Hersom if there was any doubt in his mind that the dog barking is the dog owned by Mr . and Mrs . Wagner, and Mr. Hersom replied that he had no doubt whatever. Mr. John MacNeil, 117 Shade Street, said that as far back as two years ago in visiting his in-laws, the Hersoms on Blake Road, this dog has lunged at his car several times and done damage , but not enough for him to register a complaint . He stated that about two nights ago, leaving their home , he and his wife had this dog lunge at the car. He said he thought the dog had vicious tendencies He said he knew that Mrs 149 Wagner loved the dog but he was concerend about his safety and the safety of the children going through the neighborhood He stated that just driving down the road is enough to get in trouble with the dog, who will lunge at the window of the car. Mrs . Doris MacNeil, 117 Shade Street , said she was the Hersom' s daughter and has occasion to visit them, and the dog has jumped at her car . She said usually she tries to watch for him but if one hesitates, the dog pounces on the car The Chairman asked if Mrs. MacNeil was certain this was the same dog owned by Mrs Wagner, and Mrs . MacNeil re lied in the affirmative Mrs . John Berquist, 2 Concord Roar , Bedford, said she was the Hersoms ' daughter and two weeks ago Monday the dog started for her father who was backing the car out and Mrs. Wagner called the dog back Mrs . Hersom said she has neighbors by the name of Nussbum who could not attend the hearing this evening and requested her to tell the Board that when they have guests coming wi h cars, they have had to ask Mrs Wagner to restrain the dog Mrs . Paul Wegner, Jr. , 33 Blake Road, said she has had the dog since he was twelve weeks old and he is now five years old and he ha never bitten anyone . She said he does chase cars because at one time two or three years ago, he was hit by a car at about seven in the morning . She said she did not know who hit him. She was at the door and his leg was broken and his mouth all blood. Mrs . Slade and her son, Jeffry, drove her with the dog to Dr Smith. She said if anyone is com- plaining about him chasing cars it maybe because he is trying to get even. The Chairman said that the complaint is that the dog has become a nuisance Mrs . Wagner said the dog loves people but he does chase cars . The Chairman said one complaint is that he barks continually. Mrs Wagner said the dog is never out of the house . She said when the police came up, she told them that was the first night he was ever out of the house The Chairman asked if Mrs. Wagner had any difficulty in keeping him restrained, and she replied that she does not like to restrain him but she would if it has to come to that . The Chairman said that she must have received some requests from the neighbors, and she stated that she had . 150 owe The Chairman asked if she tried to restrain the dog, and Mrs. Wagner replied that some times he will come when she calls and some times he won' t. She said he loves to bark . She said she would be glad to restrain or re- strict him if he hurt anyone She stated that he does chase cars, but he would never hurt a human being. The Chairman asked if Mrs . Wagner was unwilling to restrain the dog and she replied that she was not unwill- ing and would restrain him if it would help. She said she would like to keep the dog as long as she can. Mr. Cole asked if the dog had ever bothered anyone on foot , and Mrs Wagner replied in the negative She said he has never, never done anyone any harm other than chasing cars She said he is not vicious and would never bite Mr. Cole asked if the dog molested Mrs Hersom in walking around the neighborhood, and she replied that she want to get the mail one day and he pounced on her . Mr. MacNeil said he had a dog of his own and thought the Board should bear in mind that this dog has not only lunged at his car on many occasions, but has lunged at him through an open window so that he had to pull his arm in. He said he does show tendencies that he might bite Mr. Hersom said he woulid-like some assurance that the dog will not bark all night . He said he barks con- tinually for ten hours . He said on several occasions he called Mr Wagner, once at 2:30 in the morning. Mr. Wagner did not get the dog and he continued to bark. He said Mrs. Hersom is not in the best of health and needs her sleep. He said he would like Mrs . Wagner to have her dog if she could keep him from being a nuisance . He suggested that she get rid of him. Mrs . Wagner said that she would never get rid of the dog. Mrs . Hersom said that the dog went after Mrs . Nussbum and she smashed him with her bag. He scratched her car and she had to pay for painting the scratches . The Chairman introduced as evidence the report re- ceived from the Dog Officer, and said if there was nothing frarther to be said, he would declare tle hearing closed. Mr. Ferguson asked what Mrs Wagner had done when the neighbors complained about the barking. Mrs . Wagner replied that he does not bark that much. She said he was out one night barking, and like any other dog, he barks occasionally . She said he was out that night because she had a party and the dog just flew out the door. She said that was the only night he was out and that he is not vicious at all . She said he does chase cars and she could restrain him for that . 151 Mrs . Hersom said it was not only one night that the dog barked. She said often ther is no one home and he barks until two or three in the morning . She stated that when the Wagners go away, they leave him out . The Chairman declared the hearing closed and stated that the Board would advise in writing what action is taken. The group retired at 9:10 P.M. Upon motion duly made and secLnded, it was unani- mously voted to order Mr Paul M Wagner, Jr. , to restrain his dog during the day and to keep it in during the night The Chairman, Messrs . Stevens and Carroll returned to the meeting. The amount of money to be requested at the Special Article 2 Town Meeting, under Article 2, was discussed, and the Town Board was not in complete agreement as to the amount to Meeting be recommended. Mr. Ferguson was opposed to requesting $37,700 .00 Mr. Carroll reported on bids opened last week for sidewalks and appurtenant work and stated that bothche and Mr. Howard recommended awarding the contract to the low bidder. Contract Upon motion duly made and seconded, it was voted to award the contract for sidewalks and appurtenant work to J. J Ryan Construction Co. , Inc . , the low bidder, in the amount of $7,350 .00. At 9:25 P.M , the Appropriation Committee and Mr. Donald Noyes, of the Capital Expenditures Committee , met with the Board to discuss the amounts to be re- quested at the Special Town Meeting. Town Meetin_: It was agreed to recommend $100 under Article 23, appropria- Emerson Road from Eqst Street 240 feet, more or less, tions northerly, and to recommend $100 under Article 24, Diana Lane from Hill Street 350 feet, more or less, southeasterly. It was felt that the streets could be established as town ways and accepted but that actual construction could be deferred until next year and the money appropriated at the Annual Town Meeting. Considerable discussion was held relative to Article 2, off-street parking area dnd it was agreed to omit $15,000 for paving the area at this time . In the discussion of Article 5, the Board pre- ferred to obtain an option for the purchase of the 152 0.3 land if possible rather than an appropriation at this meeting to purchase it Mr. Carroll explained what he would like to ac- complish under Article 25 and the Chairman state that the Board of Selectmen would not recommend any change and would ask for $3,000 .00. The Appropriation Committee , Messrs. Stevens and Carroll retired at 11 10 P.M. Notice was received from the State Department of Public Works to the effect that by an order dated June 28, 1960 certain land or rights in land were ;tate land taken for State highway purposes in the Town of Lex- taking ington For damages to the parcel of land numbered 5-2 (area approximately 0.23 acres) the State awarded the sum of $1.00 . It was agre-ed to refer the subject to Mr. John Carroll for an investigation of the facts following which he is to take the matter up with Mr. Stevens Letter was received from the State Department of Public Works with reference to the Department ' s contemplated widening of Route 128. The Boston and Pa lroad Maine has recommended that the Department eliminate ;:ridge Avon the track bridge over "Avon Street" or Pine Street otreet If the Town has no objection to the closing of Avon Street under the railroad, the Department wil.._ hold an alteration hearing for the alteration of the bride carrying the railroad over Route 128 which will include the closing of Avon Street . It was agreed to refer the letter to Mr Snow because of his interest in the area as it relates to the M 1 District and ask him to answer the State . Letter was received from Mr. Stevens advising that title has been acquired from Adrian E. E. MacKeen, Jr , and Anita B MacKeen to a certain parcel of land NacKeen situated on Massachusetts Avenue in East Lexington, rrt or ty together with the dwelling thereon, numbered 572 Massa- chusetts Avenue Mr. Stevens also wrote to the Collector of Taxes and requested, on behalf of theBoard, that the balance of the 1960 taxes on the property be abated Upon motion duly made and seconded, it was voted to approve the minutes of the Selctmen' s Meeting held on September 6, 1960 153 Upon motion dulymade arra seconded, it was voted to certify as to the character of Richard I . Jones , Cert . of Inc.. 12 Bellflower Street and George S Holleman, 10 Tufts Foad , who have applied for a Certificate of Incorpo- ration, satisfactory references having been received from the Chief of Police . Letter was received from Chief Rycroft relative to proposed changes in the operation of the local , government radio system, and he sug ested that the Radio SysteT Civil Defense Director, Superintendent of Public works , Fire Department and the Chief of Police discuss the subject with the Board. A similar letter was received from Mr. Carroll, Superintendent of Public Works Letter was received from the Board of Fire Commissioners stating that they have no objection to Mr. Burrell' s proposal. It was =:Treed to invite the group to meet with the Board next Monday . Letter was received from Mr. Angelo Chick, Chair- man of the Painter' s Guild, Lexington Arts & Crafts Society, Inc . , requesting permission to use the Buckman Art F.xhitit Tavern lawn on Sunday, September 25, for its annual 111 art exhibit . Upon motion duly made and seco de d, it was voted to grant the request Upon motion duly made and seconded, it was voted to sign an order for the construction of a sidewalk on Sidewalk the south side of Hancock Street from Adams Street 2430 feet, more or less, northerly and on the north side of Hancock Street 110 feet, more or less, opposite North Hancock Street , and that half the cost thereof be as- sessed upon the abutting estates Upon motion duly made and seconded, it was voted to sign layouts of the following streets to be presented to the September 26, 1960 Special Town Meeting for ac- ceptance by the Town: Minola Road from Highland Avenue 625 feet, more or less westerly and southerly. Chadbourne Road from Concord Avenue 265 feet, more or less , southerly and 580 feet , more or less, easterly and 215 feet, more or less westerly Lawrence Lane from Pleasant Street to Pleasant Street Lillian Road from Lowell Street 67K feet, more or less, 111 westerly. 154 0 Wars WI Street Layouts (cont ' d ) I Rolfe Road from Fulton Road 190 feet , more or less, southerly Fulton Road from Lowell Street 615 feet , more or less, easterly. Thoreau Road from Emerson Rca d to Lowell Street . Whitman Circle from Thoreau Road 330 feet, more or less, northerly Alcott Road from Thoreau Road 770 feet, more or less, northwesterly. Emerson Road from Vine Brook 740 feet, more or less, southeasterly Graham Road from Burlington Street 700 feet, more or less , southerly and easterly Whittier Road from Graham Road 645 feet, more or less, southesterly Childs Road from Cedar Street 1345 feet, more or less, easterly Diana Lane from Childs Road 610 feet, more or less, northerly Wingate Road from Diana Lane 795 feet, more or less, northeasterly Leeland Terrace from Win{ate Road 350 feet, more or less, southeasterly Hastings Road from Massachusetts Avenue to Childs Road Emerson Road from East Street 240 feet , more or less, northerly Diana Lane from Hill Street 350 feet, more or less, southeasterly Upon motion duly made and seconded, it was voted to renew the following licenses Vernon J Rice (26 Years) 520 Camb . St. , Allston Ta xi Anthony Ferreira 249 Marrett Road Peddler (ren 'wl. ; Battle Green Inn 1720 Mass. Ave Innkeeper " Lexington Theatre 1794 Mass Ave . Theatre " Lexington Theatre " " " Sunday ft • The meeting adjourned at 11 25 P.M. A true record , Attest : U ,'xe4tiv Cler , Selec men icl q ,,r0 155 S1LXTMsN' S METING September 19, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Toem Office Building, on Monday, September 19, 1960, at 7 40 P M Chair- man Morey, Messrs . Adams and Richards were present Mr Stevens, Town Counsel, Mr. Carroll, Superintend- ent of Public Works , and the Executive C]e rk were also present Mr. Cole a,,rived at the meeting at 7:50 P.M. Hearing was declared open upon application of the Davenport Garden & Flower Center for permission to store 1,000 gallons of gasoline on premises located at 482 Bedford Street . Notice of the hearing was advertised in the September 8, 1960 issue of the Lexington Minute-Man Gasoline and a copy ofthe notice was mailed to the applicant hearing and to the owners of prop,.rty deemed by the Board of Assessors to be abutters . No one appeared in favor or in opposition. The application was approved by Chief Engineer Belcastro, of the Fire Department . The hearing was declared closed and upon motion duly made and seconded, it wa voted to grant a license to the Davenport Garden & Flower Center to store 1,000 gallons of gasoline in anunderground tank on premises located at 482 Bedford Street, Lexington Hearing was declared open upon applicationof Raytheon Company for permission to store 2,000 gal- lons of gasoline on premises located at 10 Maguire Road. Notice of the hearing was advertised in the Gasoline September 8, 1960 issue of the Lexington Minute-man hearing and a copy of the notice was mailed to the applicant and to the owners of property deemed by the Board of Assessors to be abutters . Mr. Richard P. Tarbox, representing the applicant was the only person present at the hearing . He ex- plained that it is expected therewill be about twenty- five cars for individuals and company use which will be serviced at this location but not garaged there. The hearing was declared closed and Mr Tarbox retired 1 5 Sad The application was approved by Chief Engineer Belcastro of the Fire Department Upon motion duly made and seconded, it was voted to grant a license to Raytheon Company, Foundry Avenue , Waltham, to store 2,000 gallons of gasoline in an under- ground tank on premises located at 10 Maguire Road, Lex- ington . Mr Stevens presented five copies of a contract between the Town of Lexington and J. J. Ryan Construction Co , Inc . , in the amount of $7, 350.00 for sidewalks and % i ecalk appurtenant work (Contract No. 7) . Contract - Upon motion duly made and seconded, it was voted to sign the contract as presented by Mr Stevens . Notice was received from the County Commissioners advising that a hearing will be held at the County Commissioners' Office on Wednesday, September 21, at 10:00 A.M. with reference to highway improvements, under Chapter 90 for 1961 Mr. Carroll stated that he is concerned about the Town' s position right now because in 1959 the sum of $36,000.00 was appropriated for the construction of Concord Avenue and during 1959 it was determined that it wasoing to cost an additional amount of approxi- mately 615 ,000.00 . It was decided to wait and complete Concord Avenue in 1960. In the meantime , the project was held up because the M.D.C . proposed to go in there with a water main. He explained that the Town asked for an additional $I0,OOO.00 for resurfacing Maple Street and Winchester Drive That project is almost completed and the estimate indicates that therewill not be money enough to finish the paving. He said he did not feel he should request $36,000 00 to do a portion of one street while these two projects are waiting. He said he was advised to request an appropriation for streets, the particular streets to be determined at a later date . He said he would like to have Concord Avenue cor•ipleted but can' t until the MDC water line is completed The Chairman said that funds should be requested but a decision as to what streets it is to be used on should be held over until Mr. Carroll decides what he wants. The Chairman read a letter from the State D.P.W. with reference to Chapter 90 work, Winchester Drive and Lowell Street intersection. The recent grading operations on property of the new church located on Lowell Street have created a problem that seriously affects the proposed Chapter 90 construction . 157 Mr. Carroll said he felt that the Town will have to take a slope easement on the church property, and a slope easement plan should be pr, pared Mr Carroll was aut aorized to have a slope ease- ment prepared arra to obtain slope easements . The Chairman read a letter from the School Com- mittee asking the Board to consider the sidewalk needs of the Grove Stre t school as soon as possible . The Sidewalks Committee hopes to have the sidewalks completed by the opening of school in September, 1961. Messrs . Carroll and Stevens retired at 8 25 P.M. Mr. William J. Ahearn and Paul J. Rivais, owners of the Minute Man Cab Company, met with the Board Mr. Ahearn said they were interested in additional parking space in the vicinity of the depot . At the present time , they are serving about 1200 families in Lexington taking people to and from the center for shop- ping, medical care , etc The company has six cars and four of them have to be parked in other areas such as the Esso station. They also have permission to park in the lot off Meriam Street. However, on rainy days, this means that people have to walk to the office and wait for a car. If they had a space in Depot Square , that walk would be eliminated, and it would be a convenience to the customers and to the cab company He said cus- tomers have asked them to find out whether or not the Selectmen would provide additional parking space in the depot The Chairman asked where the cars are garaged when not in operation. Mr. Ahearn replied that two cars are at the stand and the rest are at 6 North Street . He said they do not always have six cars on the road at one time . Mr. Adams asked if they ever considered another stand at the lower end of the town, and Mr. Ahearn re- plied that 95% of his business is regular trade ; people who come down town to do their shopping and they arrange to end up at the waitingroom. He said he would be satis- fied with two additional spaces; then they would have parking space for four cabs . The Chairman asked if they parked at the rear of the Central Block. Mr. Ahearn replied in the affirmative and stated that they could have only one space and that could not be reserved as the area serves some of the stores in front . 158 CD Mr Ahearn said that there is presently a require- ment whereby a license to drive a cab cannot be issued to anyone living outside of Lexington. He asked if this particular requirement could be taken out of the regu- lations . The Chairman stated that some time ago, the Board suggested to the Lexington Cab Company that the two companies get together and consider the rules and regu- lations to see what changes might be made that would be beneficial, and the Board is still waiting to hear Mr Rivals said this regulation was difficult for the company to live by. Mr. Ahearn said that there are many young boys but he knows from his customers that they prefer to have a driver twenty-five years or older . He said he has seen customers look in the cab and when they see a young boy driving, they leave the cab He said he is not interested in the age limit, but would like the Board to remove the clause that requires an applicant to be a resident of Lexington The Chairman asked if he was disturbed about the twenty-one year old age requirement, and Mr. Ahearn replied in the negative . Mr. Rivals said he thought it was a good regu- lation and should remain. Mr. Ahearn said he had asked the Lexington Cab Company to attend the meeting this evening, but Mr. Dalrymple had other plans made . Mr. Rivais said these two items being discussed now are the ones bothering them The Chairman said they wereasking the public to provide a place for private cars Mr. Ahearn said the municipal parking areas are for the convenience of the public and are beneficial to the stores, and he was asking for the same consider- ation Mr. Adams asked if they wanted space for four cars for their cars or space for four cars divided between the two companies . Mr. Ahearn replied that he wanted two additional spaces for his own company Mr. Richards stated that th:, company is parking in a metered area. The Chairman said that until the Town has the addi- tional parking area, the Board will probably resist marking off any further areas for taxicabs. Mr. Rivals asked what recourse the company had if the Bo rd resisted, and Mr. Richards explained that it has no recourse I 159 The Chairman said that the Boir d would discuss the matter and let Mr Ahearn know. Messrs Ahearn and Rivais retired at 8 45 P.M. Mr. Rithards also left the meeting. It was agreed to hold the matter over for discussion when all members of the Bo rd would be present . Mr . Burrell, Civil Defense Director, chief Rycroft, Chief Engineer Belcastro, and John Carroll met with the Board to discuss the new Local Government Radio System. Mr. Burrell had written to the Board suggesting that the Civil Defense Director be designated as the Town official responsible for the operation and coordination of the system. Mr. Burrell explained that that he has said in his letter is that the Town will be operating under a new type of radio system and it will require someone to be responsible for it and responsible to the F.C .C . He Local stated that everyone on the police frequency will have Government to get off after 1963 and the F.C .C . has made available Radio Sy; te the additional channels in between each of the two ex- isting channels . He said any activity of a governmental agency can be out on the air. In Lexington, the Town can have four departments on it ; the only type of license that can do this . He said the additional fact is that the Federal government is contributing half of the cost . He stated that the Civil Defense Director, whoever he is, has the responsibility of certifying once a year that the system is used for the purpose andmanner for which the government gave funds. He said he saw the need for some- one to keep the records and make reports. Chief Rycroft stated that the Town has had its system for a number of years and basically because the Police Department was the first department in Town on radio, that department became the department in charge of the system but there wac nothing specific He stated that everything at the F.C .C . has nothing to do with Civil Defense because his signature is on everything at the F.C .C . He stated that he has to have the six monthst check and he keeps records and those records are checked He said that there have only been a few monor items on which henhas had any trouble , and he did not believe anyone operating in the Town could ever say that they have ever had any trouble He said that as it is written now, he is the one responsi- ble to the F.C .C . and his name appears on all the records . He said he has had no trouble and could not see why any change should be made He stated that the only item for which the Town would receive part payment would be the new transmitter He asked what it would cost to operate 160 that insofar as repairs areconcerned, and Mr Burrell replied that he did not have any idea. He said the tele- phone lines involved would cost money The Chief asked if payment wouldn' t have to be made if he was in charge . Mr. Burrell said that the Chief was licensed under a police frequency and this is a Local Government frequency purchased ley the Civil Defense . Chief Rycroft said th t regardless, the Town would be buying it. Mr. Cole said the Town is buying it through Civil Defense and getting 50% Mr . Burrell said any additional unit would be eligible , but replacement units are not He stated that anything purchased under Civil Defense is eligible for maintenance up to 10% of the purchase cost He said that, up until 1963, the F.C .C . has permitted other Town Departments to share the frequency as it does noir. After 1963 it will be police only, and to replace the present system they have comp up with a new frequency. Chief Belcastro asked why the, sys ler could not go along as it has been with the Chief of Police in charge . Mr . Burrell said that there is no reason, and said he could ask the same question - why can' t the Civil Defense handle it . Chief Belcastro said that the system has been going along for many years, and if the Chief' s name appears on the program, he couldn't see why it should not continue . The Chairman said thatthe Town Departments are in operation twenty-four hours a day whereas tYe Civil De- fense is on call twenty-four hours a day and delinquishine control of the radio system is serious . Mr. Burrell said th?t the Civil Defense organization is the Town government ; every member of the Police, Fire , and Public Works is a part of the Civil Defense organization. He said the Library and School Departments were also part of it . He said the Board should decide what it wants of the Civil Defense Department Mr. Cole asked if the Civil Defense Director would be in charge of all activities in the event of an emergency. Mr. Burrell replied that it depended on whether the Board wanted to talk legally or practically. He said the Director, as coordinator for the Selectren, would make certain overall decisions . He said the details as to how each Department worked would go to each Department Head. Mr. Adams asked if the Town' s radio would be eligible for reimbursement where it is now or if it would have to be under the control of the Civil Defense Directar . Mr. Burrell replied that he did not think there was I 1 161 anything that says it cannotbe under the control of the Police Department . He said radio, by itself, is one of the responsibilities of the Director. He stated that there are more radios in Civil Defe tse than there are in the rest of the Town put together He said no other De- partment of the Town has Civil Defense regulations or received amendments such as the Civil Defense does . He stated th t the F.C .C . and Civil Defense relatio :s were very close . Mr Carroll asked if all the radio sets would be on the new frequency, and Mr Burrell replied in the negative . The Chief said that 1963 was discussed some time ago and at that time , consideration was given to the subject of going local or going police He explained that the Public Works could call in and report anything it thought he should know and the Fire Department could do the same . That is the reason he went along withit and could not see anything to be gained by a change The Chairman asked what the change in operation would be , and the Chief replied that F.0 C . has nothing to do with Civil Defense . Mr. Burrell said he was proposing an administrative change . He stated that someone in the Town has to be Responsible for this system. He said in a control system, the control must be in the hands of the Director Mr. Adams asked what action had been taken in other towns . Mr. Burrell replied that no town has yet installed Local Government Frequency. Mr. Carroll asked what was wrong with the system as used in the recent hurricane , and Mr. Burrell said he could not get into the Town frequency. Chief Rycroft said the town-wide frequency is not anything different than he has been working with The only change is a wave length and crystals in the sets Mr. Burrell stated that the Town would be going from a police service radio into a Local Government radio operated under department rules and regulations and requirements . The Chairman asked about the necessity for making a decision. Mr. Burrell said that at this point the Town has no one in charge of this system. He said Chief Rycroft is not in charge of the Local Government. Chief Rycroft felt that he was in charge . Mr. Adams said he would like an o portunity to think the subject over and the other members..of the Board agreed The group retired at 9:40 P.M. 162 - C, Upon motion dul:: made and seconded, it was voted to approve the minutes of the Selectments Meeting held on September 14, 1960. The Appropriation C ommitte9. met with the Board at 9:45 P.M. and Mr Blaisdell'tRart �Ee Committee will make the following recommendations in regard to appropriations Appropri- to be voted at the Special Town Meeting on September 26: cations Article 2, $22,700 .00; (the Committee was not unanimous in this recommendation) Article 3, $12,250.00; Article 4, $12,000.00; Article 5, $3,000.00• Articles 6 to 22, 100 .00; Article 23 $50 .00, Article 24, $50.00; Article 25, 3,000 .00 a toil of $53,150.00 to be transferred from the Excess and Deficiency Account The Committee retired at 10 05 P.M. The Chairman read a letter from Chief Rycroft re - porting that he had made a check relative to parking in Taxi Depot Square and ha.. talked with owners of both taxi ar -inP businesses . They have assured him that the only cabs that will be parked in the future will be parked in 4he taxi area designated for them by the Town The Chairman read a letter from Chief Rycroft ad- vising that he will be on his annual vacation starting Appointment September 24 Upon motion duly made and seconded, it was voted to appoint Lieuten.int Jams F. Corr as Acting Chief during Chief Rycroft ' s absence . The Chairman read a letter from Mr. Irwin, Build- ing Ihspebctor, advising that the mimeographed copies of the Building, Plumbing and Sign By-Laws trediminishing, With a temporary mimeographing of fifty more copies of the Building By-Law, there will be enough copies to last until some time after the Annual Town Meeting and he re- commended that an appropriation be considered for printing the By-Laws in a more permanent form. It was agreed to ask Mr. Irwin to obtain prices for printing one pamphlet, incorporating all three by-laws, similar to the setup used for the Zoning By-Law, using one side of a page only and providing for insertions when amendments are made Upon motion duly made and seconded, it was voted to approve the following j/o pole location: Marrett Road, in traffic island at inter- section of School Street,-- One pole . (One existing j/o pole to be removed) . 163 The Chairman reported that Mr. Gaffney, who op- posed location of a pole on Bow Street, informed her that he is taking the ratter to court . Notice was received from the D.P.U. advising th;t a hearing will be held on September 28 at 10 00 A.M. , Room 166, State HOUSE- , upon petition of the New England Telephone and Telegraph Company for approval of the Telephone company' s proposal to substitute for its presently dis- director3es tributed "Boston and Vicinity Alphabetical Directory" with four directories each covering a part of the Metro- politan area. Letter from the Lexington Junior Chamber of Com- merce requesting permission to erect highway signs Signs on the main roads in Lexington has held over . Communication was received from Registrar of Motor Vehicles , Clement A. Riley, Co-Chairman of the 1960 "Jimmy" Fund relative to solicitation of contributions from Town employees . "Jimmy" Fund It was agreed to handle this through the Selectmen' s Office . Letter was received from Reverend Harold T. Handley requesting permission, on behalf of the Church of Our Redeemer. tb conduct a parish paper drive on Sunday, October 23, between 1:00 P.M. and 6:00 P.M. Paper Drive Upon motion duly made and seconded, it was voted to grant the request . Application was received from Richard S . Gazan, 112 Bertwell Road, age 20, for a Taxi Driver' s License . License Satisfactory character reference was received from the Chief of Police Upon motion duly made and seconded, it was voted to grant the license Letter was received from the Planning Board with a copy of Mr. Snow' s recommendations for the develop- ment of Hillside Avenue . Upon motion duly made and seconded, it was voted to sign a Sidewalk Order for the installation of a side- Sidewalk walk on Massachusetts Avenue opposite Marrett Road to opposite Pelham Road. Upon motion duly made and seconded, it was voted to sign Water Order for the installation of water main 164 1.6 in 1 te '^ Order in Tarbell Avenue from Tucker Avenue to the existing main in Tarbell Avenue Upon motion duly made and seconded, it was voted to meet at 6:45 P.M. on Monday, September 26, 1960, prior to the Special Town Meeting. The meeting adjourned at 11:40 P.M. A true record, Attest: ,T xe tiv� Clerk, Selec Fn tfr I 1 168 CD M..a SQL-1ICTKiN 'S MATING September 23, 1960 A special meeting of the Board of Selectmen was held in the Selectmen' s Room , Town Office Building, on Thursday, September 23, 1960, at 7 :30 P.M. Notice of the meeting was filed with the Town Clerk within the time required by law and the members of the Board were notified by telephone Chairman Morey, Messrs Adams , Ferguson, Cole and Richards were present Mr Stevens , Town Counsel, and the Executive Clerk were also present . Mr. Stevens explained that the meeting was called relative to the building at 1775 Massachusetts Avenue He reported that on December 16, 1930, following t Town Meeting vote authorizing the action, that the Selectmen established a building line through the then O'Connell property located thirty feet back from the existing line of Massachusetts Avenue and that property. The order of the Board establishing that line provided that any structure existing at the time of theestablishment of the said building line would be permitted to remain and be maintained in its present location. The statute under which this action was taken was Section 37, Chapter 82, which states in part that thereafter no structure shall be erected or maintained between such building line and such way, except steps , windows, porticos, other usual projections appurtenant to the front walls, fences and gates , to the extent prescribed in the vote , and except that any structure existing at the time of the establishment of the building line may be permitted to remain and be maintained to such extent and under such conditions as may be prescribed in the vote es- tablishing the building line . Mr. Stevens explained that the order did not go as far as it could have in mo-'e detail. It just used the same language , it shall be permitted to remain and be maintained in its present location . He said this build- ing was there , as were other buildings Mr O'Connell brought a petition for damages which were awarded for $22,539.98 plus costs He said that, according to the notes in Mr Wrightington' s files, the then Town Counsel, the Judge in his charge to the jury said that so much of the building between the building line and the street may be repaired and kept in condition for the purpose but there could be no change that would make the buildings of a different structural character than they were at the time of the taking. 169 Mr Stevens said the builuing could be kept in condition to use but there could not be any substantial structural change . Within a few years after this, in 1932, on this same building which, at that time was a bank building, Mr O'Connell proposed some changes that the Building Inspector and Mr . Wrightington both felt were structural changes Mr Wrightington advised the Board of Selectmen that the character of those would derogate from the rights the Town had acquired in es- tablishing the building line and advised the Building Inspector to deny the building permit, which he did Mr. Wrightington had a draft of a bill in equity to enjoin O'Connell and Custance Bros . who apparently were going ahead without a permit Mr Stevens said he under- st od that with the filing of the bill, it was dropped Mr. Stevens stated that when this matter first came up, about which the Board is now concerned, it arose be- cause Charles Cole, the architect, filed an application for a building permit. The plans were dated January 10, 1960, and he asked to make various alterations within the walls of the present structure at an estimated cost of $50,000.00. Mr. Stevens said Mr. Irwin called him about it. Mr . Irwin left the plans and Mr . Stevens looked at them, checked the records and arrived at the conclusion that under this building line , the owner could not make structural changes in the building but could make repairs and it might be that some alterations could be made Mr Stevens told Mr. Irwin and Charles Cole . On January 18, 1960, Mr Stevens wrote a letter to Mr Irwin and sent him a copy of a letter to be sent on Mr. Irwin' s Letter- head to Mr Trani and Charles Cole . Mr. Stevens read the letter sent to Mr. Trani, c/o Mr. Charles Cole : "Your application dated January 10, 1960 for a building permit to make alterations on the existing building, 1775 Massachusetts Avenue , Lexington, and to build an addition thereto, accompanied by plans dated January 10, 1960 prepared by Charles H. Cole , 2nd, architect, is denied. The reason for the denial is that as shown by said plans the alterations proposed to be made to the part of the existing building that lies between the street and the building line established by the Town of Lexington in December, 1930 go beyond the maintenance of that part of the building and would derogate from the rights acquired by the Town in establishing the building line ." Mr. Stevens said he presumed the letter was sent Subsequent to that, Mr. Charles Cole came in one Monday evening and talked to Mr Stevens outside the Selectmen' s Room. He had some sketches and Mr Stevens 170 at that time reiterated to Mr Charles Cole that in his opinion the status of the property was that there could be no structural alterations, and he told Mr Charles Cole that he knew of no decision on the point by the Supreme Court of Massachusetts . Mr Stevens felt that the Judge charged the jury in the O 'Connell case in- terpreted the law clearly and that would be the basis on which the Town would proceed Mr. Charles Cole in- dicated to Mr. Stevens that they did not want litigation to test this out and see whet could b% done and they would cut out the structural changes . Mr. Stevens told her and suggested that the Building Inspector refer to the Board in an informal way the plans, and the Chairman subsequently told Mr Stevens she asked the Building Inspector to do that. She was told ttet a permit had been issued and Mr Stevens, as Town Counsel, approved the plans . Mr Stevens told the Chairman he had no re- collection, and when the Chairman brought this up again on Monday or Tuesday, he called Mr. Irwin and had him bring the plans over Mr. Stevens said he knew then that he had never seen them before . Mr. Irwin told him that he spoke to Mr Charles Cole about taking them up with Mr . Stevens, and Mr. Charles Cole told him he had already gone over them with Mr. Stevens who had approved them, and on that basis, Mr . Irwin issued a permit . Mr. Stevens called Mr. Charles Cole and said the plans defi- nitely called for structural changes and asked him how it happened, because Mr. Irwin hadbean told that Mr. Stevens had approved the plans and he had not . Mr. Charles Cole said he thought it was all right and all that Mr Stevens was concerned about was the stairway to the second floor . The stairway and the two doors were what Mr Charles Cole thought Mr Stevens was objecting to. Mr. Stevens said he told Mr. Charles Cole that was only one of the items and told him there could be no alterations and he accepted it . Mr Charles Cole wanted to know why they were being picked on and said that when they got into the project, found it necessary to do a lot of work. Mr. Stevens told Mr. Charles Cole that his client purchased the building subject to the restrictions and Mr . Stevens did not give him any authority to pro- ceed in violation of the Town ' s rights. Mr. Charles Cole wanted to know who brought the subject up and Mr. Stevens told him that the Chairman did and he could n± see how they could go ahead. Mr. Stevens said the building line is thirty feet back from the inside line of the sidewalk . He stated that Mr. W+'ightington prepared an agreement which was submitted to O'Connell which, after reciting the build- ing line establishment, etc . , contained an agreement by O'Connell whereby if he did make the alt_,rations , he would accept as damages, in the event the Town at any time in the future took any additional rights, a sum that represented the then assessed value of the * building which was $4,000.00, and that he would not Mr. Stevens heard nothing further of it until the Chairman asked what tileo sus of the building was. 171 ask for any damages increased joy reasons of the alterations he planned to make . Mr Wrightington advised the Board that it would be a binding agrement , but before the Selectmen could authorize putting it into effect, they would have to obtain To Meetin_ approval He said O'Connell never signed it. The Chairman said she has been talking about some agreemert with T ani so he could go along. Mr . Stevens sa d the Chairman thought the remodel- ling could be done so the front part would be separated from the front line but Mr Charles Cole said they tried to work something out and it was not practical. Mr. Adams asked what would happen if the Board took no action. M- Stevens stated that actually the fact that the Building Inspector grants a permit does not take any rights away from the Town He said the fact that the Selectmen then in office let it go on, is a matter of law He said as a practical matter, when the Tann de- cided to relocate the street or widen the street, he would be of the opinion thatthe jury would give it considerable weight in arriving at what the damages would be . He said if it is ev r decided to relocate the street, the Town would h ve to take an easement for a Town way and the owner is entitled to damages in that taking. He stated that the value of the premises before th.e taking would include the reduced value because of the establish*, merit of the line He said even if there were no build- ings on it, he would be entitled to some damages, and with ttC,building on it, he would be entitled to damages of the value of what was left of the building Mr. Cole asked if Mr Stevens had asked the architect to adjust his plans , and Mr. Stevens said it looked to him that they have gone so far along they cant go back Mr. Stevens said he told Charles Cole that it was a big building with wide open spaces with non bearing partitions and that it seemed to him the basic structure is all gone . The Chairman reported that when she saw what was being done , she felt something should be done about it because it might incur future expense to the Town. She asked Mr. Stevens to look at it, and he was in agreemert with what she said. Mr . Stevens said he had requested John Carroll to send a photographer up to take pictures of it, and that has been done . Mr . Stevens skid hedid-not_ see anything that could be done to that building now but to rebuild it, and to 111 rebuild it is in violation Mr. Adams said the only solution would be to have an agreement . 172 Mr Stevens said he assumed that at some time the Board of Selectmen and Planning Board should give thought to what they believe is the proper way to handle the center . Mr. Irwin, Building Inspector, arrived at the meeting at 8 00 P M. Mr Adams said that several times when the sale of the fire station land was brought up, the thought was to hold it for negotiating the setback Mr Stevens said tht if the decision were that in view of the small amount of depth existing between Massachusetts Avenue and ;disbn Way, it was not desirable to widen the street that way, the Town Meeting could take action to discontinue this building line The question would then be what would the owners pay to get this taken from the land The subject was discussed briefly before Messrs Charles Cole and Trani ar-ived at the meeting at 8 :35 P.M The Chairman stated that Messrs. Cole and Trani were aware of the reason for the meeting and said that the Board was a little shocked when it saw what happened to the building owned by Mr. Trani, and questioned whether the amount of alteration or change was an alteration and whether it could be done under the terms of the court decision which set up the building line through that pro- perty. She stated that after viewing the property and in discussing it with Mr. Stevens, the Board feels it is in excess of what was permitted. She explained that the Board is in the position of heving observed the situation and knowing that the Town spent twenty-two and a half thousand dollars to estahlish a line through the property, would not be doing its duty unless it took some action as damages might be collected at a future date and the Boa-d is trying to protect the Town Mr. Trani said they thought they had a good plan He said the building had no plaster, very little plaster, mostly wallboard He explained that the floor was taken out because it was not good. quality . He said if this means they are replacing the floor and walls, the Board could continue from that point on Mr. Charles Cole said the main reason for taking out the first floor was because it was obvious to him that without any code recuiring 100 pound live load up- stairs as well as downstairs, the conaition of the floor was dangerous. He said the lally column also had very little footings and the whole second floor of the build- ing would probably come down . The new dode requires heavier live loads than it did years ago so more than double structural load is required He said no matter 173 who went in the building, this would have to be done The Chairman asked if he meant the building might have b en condemned. She asked if Mr Irwin tested an old building for the live load, and he replied in the negative . Mr. Charles Cole said the floor timb rs we 'e rotten He stated that in the fall of 1959 he was w a' king with Mr. Trani on this and completed the working drawings by Janus y 10, 1960 and have plans dated January 10, 1960 to Mr. Irwin for permit purposes . Mr. Irwin notified him that he ould have to consult with Town Counsel be- cause therewas a line through there that had to be checked on. Mr . Charles Cole said he sent Mr. Stevens a set of plans which he had for a long period of time . This set was turned down. Mr Charles Cole spoke to a member of the Board and that member made a suggestion after which he draw up a new plan and when that plan was shown to Town Counsel, it was turned down because Mr. Cole had not only altered but had destroyed the original structure Then Mr Charles Cole and Mr. Trani discussed the subject, and Mr. Trani asked him to go back to Mr. Stevens to see if anytring could be done to change the original set of plans . Mr. Charles Cole said he went to Mr. Irwin' s office and took back the original ' A plans and had a rough sketch with two suggestions Mr Stevens had made ; one to get rid of another door on Massachusetts Avenue and have just one entrance ; two, put it back of the line and three, keep the use of the third floor commercial. Mr. Charles Cole said that in the history of this building, since the decision , it has been used in various ways aria very extensive alterations have been going on from time to time . He said then the new set of plans came back to Mr. Irwin with the changes and they looked like what Mr. Cole said they were going to be . Mr. Cole said he took the original plans to make them agree with Chief Belcastro' s requests; that was two sets of working plans, plus revisions . He said a permit was issued April 28, 1960 on the set of plans here, the final set A He said that at the pr sent stage of the plan, the upper floor is empty. It is one office and goes back to its original condition, has been painted and made to look attractive , but is not the way it was built . Mr. Charles Cole said that every attempt has been made to do everything possible to meet the suggestions of the Town Counsel. He said he would like to apologize for getting Mr Irwin and Mr Trani in this position. He said no intent was made to get around the decision and he felt the reasonable and logical approach to this pro- ject is what he has now. He said that he felt in view 174 of what happened in the other store , the complete change in the A. 3o P. and Bakery, his is the least extensive type of renovation as far as tke future of the Town is concerned He said he preserved the roof and old foun- dations and saved the second floor and back of the line the building is of first-class construction and fire- proof. He said even though the Board feels this is an alteration that exceeds the judgment and the Town is putting itself in the position of possibly paying a lot of money, he did not think that is the case at all. The Chairman asked if Mr Charles Cole had the building permit since April Mr. Trani explained that he wanted to give the tenants downstairs the summer to do business because with the tourists, that was the busy season. The Chairman stated that Mr. Stevens told Mr Charles Cole things that were notacceptable in the earlier plans but he did not see the latest plans Mr Charles Cole said he told Mr. Irwin Mr. Stevens told him to do this, He said the corner entrance has been on the building from the very start and there was no mention made to change it. He said they could go to the center entrance but in view of the fact it has gone this far, it would be a hardship now. He said very few people know the condition of a building when they look at a plan He said the corner entrance was not put in the last minute but was put in at the start . The Chairman stated that the corner entrance means changing the structure Mr. Cole said that if the building was vacated by the restaurant and any other person came into the build- ing to use it, extensive changes would have to be made for anything other than another restaurant . He stated that his attempt hes been to make something good for the area and do everything possible not to make the part in front of the line an extensive operation. Mr . Richards said th^ t the Board does hot have the power to release restrictions that the Town has imposed and paid for, but only the power to enforce . He said the Board relaizes that Mr. T ani is in a position now where he can' t go back. The Chairman said the Board' s problem is whether the Building permit must be withdrawn at this point. She said the question is what is the Board' s duty in protecting the Town' s rights Mr. Charles Cole said that the type of design he would like to see is not what he has . He could design a more attractive appearance and that would be one change that could be met in the drawing without too much ex- pense at this date He said he could offer that as a 175 I compromise but he would still have to take out the up- stair partitions He said the ora Ehould consider making it possible for Mr. Trani to proceed and have a good place of business. The Chairman said that Mrs Cole spoke about show- ing Mr Stevens a set of plans and stated chat he saw one set only. Mr . Charles Cole said changes were made by con- sultation with Mr. Stevens and then he took them to Mr. Irwin. He said that on April 11, 1960, he left the plans with Mr Irwin. He said Mr Stevens may not have seen the plans he should have seen The Chairman said that Mr Stevens did not know a permit had been issued and the Board did not know . Mr. Lincoln Cole asked if the architect had. checked with Mr Stevens between sets A and D and the architect replied that he changed his plans and used the suggestions Mr. Stevens made , left the plans with Mr. Irwin but did not take them to Mr. Stevens Mr. Stevens asked Mr. Charles Cole ifth.ey had talked about these twice , and Mr. Cole replied that Mr. Stevens went to his office once and talked to him on the 'phone Mr. Stevens explained that he had been in Mr. Cole ' s office a number of times on Town business . He recalled that Mr. Cole waited one evening for Mr Stevens to come out from a Selectmen' s Meeting Mr. Cole agreed that it could have been in the Select- men' s Office , that he knew it was a face to face meeting, and not over the telephone . Mr Stevens said he had Mr Irwin send a letter saying the alterations could not be made and recalled saying that the difference was between maintaining the building and altering it . Mr Charles Cole said that if he made that statement, no building on the street is correct. He said he knew the building was altered, and that of course it is altered Mr. Stevens said if Mr. Cole carried out what he pro- posed in the plans this would be an entirely different building structurally than was there . Mr. Charles Cole said the only thing that has to be changed in the building is the central beam_.in the middle ; one was balanced on a rock, and the floor timbers were all decayed He said it would not make sense to put the build- ing back to its original position Mr Stevens said he did not see how it could be Mr. Lincoln Cole asked what would happen if theTown should widen Massachusetts Avenue, and Mr. Charles Cole 176 1.4 replied that the front part of t1 building would have to be taken down, but the damages would not be large . Mr. Trani said they had added something onto the building so• he could bring the stairway back of the line without losing any room in front . Mr. Charles Cole said the old builuing is 43 feet long so taking off 30 feet still leaves 12 feet . The Chairman asked what would be done about the foundation wh-re the building now rests and Ir Charles Cole replied tht the new slab will rest on the ground, and the foundation would be put only under the column Mr Stevens said that according to the files of the Town Counsel when the building line was established, Mr. O'Connell took steps to alter the same building about two years after the line was established, and the Building Inspector said it could not be done . The changes never were made He said at that time the proposition was made to O 'Connell that he enter into an agreement that if permitted to make tt ose alterations he would agree to h- ve it run with the land if the Town made a taking of any additional rights he would accept as damages the sum of 4+, 000.00, the then assessed value of the building, and th- t he would not ask for any additional damages . He did not sign that . The Town Counsel then said if he were to enter into an agreement , it could not be in effect until after a Total Meeting, and it stopped there . Mr. Trani said that is what he was interested in. The Chairman explained the reason for stopping the building is to stop Mr. Trani from spending more money so the Town will not have to spend more money later. Mr. Trani asked if it would be possible for him to have a few hours to talk this over with his counsel The Chairman explained that such an agreement would have to be ratified by a Town Meeting Mr. Trani asked what the Board suggested he do, and the Chairman replied that she supposed with such an agree- ment he could forget the walls as they are now Mr. Stevens said he thought theBoand would want to review the situation and he would cave to look into it Mr. Trani asked if it would be pos ible for him to continue with the permit on the part of thebuilding be- hind the building line Mr. Stevens said if he tried to continue with what he has now, the back is not completed without the front Mr . Trani said he knew that . He said he has planned it so that in the future if a taking is made, he could add ten feet to the new building ana the thirty feet the Board wants will come down 177 Mr. Stevens said if he continues to work on the rack, the back is inadequate Mr. Trani said he is interested now in cove ring the hole the re Mr. Irwin stated that it is permissable to issue a permit for a portion of the bu_lding Mr Ada-is asked if he would issue a permit for that portion, and Mr Irwin replied it is quite possible if they come in and change tre plans and crossed out what they are not going to work on and reapply for a portion that they can legally build, he could see no reason why a permit could not be issued for that portion . Mr. Charles Cole said time would be necessary to work out an agreement and it would be advantageous to have a permit for the part on which they can proceed He said he would be willing to make some changes to make the exterior of the building essentially as it is now. Mr. Trani asked if there would be any question about a corner entrance if an agreement were entered into. Mr. Stevens replied that if the agreement was ap- proved by ToT.Tn Meeting, he could have the corner entrance Mr. Stevens suggested that the present building permit be revoked by the Building Inspector and an ap- plication be filed for a bu. lding permit on the rear on the portion beyond the building line He said the Building Inspector determined it could be done . Mr. Richards said he heard rumors about a Special Town Meeting for the School Committee to be held in October or November and this would be a question of getting whatever agreements are necessary to come up at that time The Chairman explained that it takes about three weeks for a Town Meeting after one has been called Mr. S+evens said if the Board decides to do what has been discussed, he thought Mr. Trani would take it up with his counsel. Mr. Trani asked if it would be possible to keep the front entrance temporarily and do the work. Mr. Stevens replied that he did not see how Mr. Trani can do any work in that part of the building, and it must be understood that no work will be done . Mr. Trani said he would get in touch with his attorney, Mr. Tropeano, and that he could appreciate the Board' s position Messrs . Trani and Charles Cole retired at 9:25 P.N. . Upon motion duly made and seconded, it was voted to instruct Mr. Irwin, Building Inspector, to revoke permit 178 #109 issued to Joseph Trani, Inc. , on April 28, 1960 . 1 Mr. Irwin is to write a letter revoking the permit for the reason that he finds the alterations proposed to be made are in derogation of the Town' s established line . Mr . Trani can then file an application for a build- ing permit for the new building which can be issued, making it very clear that it is limited to that portion Mr. Irwin retired at 9:45 P.M A discussion was held relative to the vote to be presented at the Special Town Meeting, September 26, 1960 and an amendment that may be presented by Mr. Ferguson. The meeting adjourned at 10:20 P.M. A true record, Attest �^ ec tivSelectm n I 165 S ELEC TMT,N' S M STING September 26, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Built ing, on Monday, September 26, 1960, at 7 00 P .M. Chairman Morey, Messrs . Adams , Ferguson, Richaras ana Cole were pr sent The Executive Clerk was also present . Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors The follow- ing individuals were drawn for jury duty, Walter C Jurors Radford, 30A Watertown Street ; Max Degan, 50 East Street, and John E Penney, 153 Cedar Street . Mr. Carroll retired at 7 03 P.M. Upon motion duly made and seconded, it was voted to approve th minutes of the Selectmen' s Meetings Minutes held on September 19 and 23 Mr. John Carroll, Superintendent of Public Works met with the Board. He reviewed the subject of bids received for a snow loader which were rejected by ,he Boa' d of September 6, at which time Mr Carroll was authorized to readvertise for a blower-type unit . He reported that he received a bid for a Snogo distributed by the E. J Bleiler Equipment Co. , Inc . , Needham, Mass , in the amount of ''1L , 793 00 and a bid for a Sicard distributed by Sicard Industries, Inc. , Watertown, Snow Blower New York, in the amount of $14, 760 00. The Chairman reported her conversation with a salesman from Bleil'r Equipment who came to see her today, and read a letter from the Bleiler Company Upon motion duly made and seconded, it was unani- mously voted that Mr. Carroll' s recommendations be approved and to accept the low bid of $11 , 760.00 for a Sicard snow blower, submitted by Sicard Industries, Inc Mr. Carroll retired at 7 :15 P.M. Mr. Stevens , Town Counsel, arrived at the meeting . The Chairman read a letter from Mr. Irwin, Build- ing Inspector, reporting that Mr Trani ' s permit for alterations to the building at 1775 Massachusetts Avenue had been revoked September 20, 1960 and a per- mit issued for the construction of the new building 166 CD OWN which is some distance behind t e established bui ding line She reported her conversations with Mr Stevens, Town Counsel, and Mr. Tropeano, counsel for Mr Trani, She stated that the Board should determine , if it ex- pects Mr. Stevens to negotiate , what the Board thinks would be a fair amount in the future and if the pro- posed agreement would refer to the building or building hnd land. She reported that the building is now assessed for $9500 and was assessed for $4,000 in 1932 It was the sense of the me ting that the Board is concerned with the building and not with the land inso- far as negotiations are concerned. Mr. Stevens retired at 8 33 P.M. Letter from the Lexington Junior Chamber of Com- merce requ sting permission to erect 18" x 24" highway �...„;ns signs was held over Mr. Adams said that in many towns, all signs of this type are combined. It was agreed to advise the organization that in- asmuch as a concerted effort is being made to eliminate some of the numerous signs throughout the Town, the Board would prefer that they defer action on the pro- posed project and see if some arrangement could be made whereby their sign would be combined with the signs of other organizations . The Chairman read a letter received from Allen Mottur, Brcoklyn, N. Y relative to the position of Ex- ecutive Secretary to the Board. It was afire'-d to write xecntive Mr. Mottur that the Board is not sure of what action it serrtary will take , but if he is in the area Monday night, the Board would like to meet him or arrange for a member of the Board to meet him during the day Further consideration was given to letter received from Mr Burrell, Director of Civil Defense , relative to the Local Government Radio System, and the Board' s approach to the Civil Defense problem in Town. ` iv 1 The Chairman said she thought before the Board r,r f'e nse issued a positive statement, it should know just what is involved Mr Cole agreed to read the Lexingtcn Civil Defense Operations Plan, signed by the Board on February 15, 1960, and make some report to the Board next week. Notice addressed to Governing Aut ,orities, Cities and Towns, was received from the State Department of 167 Civil Defense , congratulating Civil Defense organizations for cooperation in meeting the recent emergency caused by hurricane Donna The Chairman read a letter from Mr. John Carroll relative to Chapter 90 allotments for 1961 Mr. Carroll intended to make the Town ' s request the same as it had been in 194)0, i e , Chapter 90 Maintenance 44.500 and Chapter 9 Chapter 90 Construction 4,li0,000 . However, at the hear- ing, it was indicated that the Legislature had increased appropriations to the cities and towns and most of the representatives made on-the-spot increases in their re- commendations Mr Carroll , accordingly! asked that Chapter 90 Maintenance be increased to 8,000 Mr Carroll' s recommendation met with the approval of the Board Letter was received from James E Barrett, 29 Sherman Street, requesting the Board to consider re- moval of the traffic island and the installation of Traffic traffic lights at the intersection of Massachusetts Avenue , Woburn Street , Winthrop Road, and Fletcher Ave nue It was agreed to refer the subject to the Chief of Police and Superintendent of Public Works for re- commendations . A letter received from Mr . Fred Hersom with further reference to the Wngner dog was referred to the Dog Officer The meeting adjourned at 7 50 P.M. A true record, Attest: "Ex cc�itiv Clerkt, Sel c en 179 SELHC ZME N'S MEETING October3 9 1 60 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 3, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams , Ferguson and Richards were pre- sent . Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and the executive Clerk were also present. Mr. Cole arrived at 7:45 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes September 6, subject to corrections on the vote per- taining to an amendment to the Rules and Regulations governing taxicabs. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on September 26. Mr. James J. Carroll, Town Clerk, met with the Board and reported that the S1e ction Officers are not satisfied with the amounts they are being paid for working at the polls. He said they have to report for duty at least three quarters of an hour before the polls open and some of them work fifteen hours, re- ceiving less than $1 .00 an hour . He said that some- thing was said about opening the polls for the November election at six in the morning which would mean the workers would have to report at five or five-thirty. He stated that, because of the many absentee ballots, the workers would have aJong day. The Chairman asked if Mr . Carroll thought the Board should change to an hourly rate, and he replied that he thought the workers should receive at least $1.00 an hour. The Chairman asked if there would be enough workers for the next election, and he replied that he would not know the answer until he started to call them. He stated that he would have at least six in every precinct . The Chairman asked if he was recommending that the workers be paid on an hourly basis, and he replied that it was a difficult situation. He stated that Natick pays the workers a flat rate of $25.00 regard- less of their positions and regardless of the hours they work. He explained that there is no opportunity for the workers to put in the long hours they used to before voting machines were used. 180 'j Mr. Adams said with machines, the wwrkers should not run over fifteen hours, and Mr. Carroll said that was a good figure . Mr. Carroll retired at 7:40 P.M. Upon motion duly made and seconded, it was voted to establish the following rates for election officers: Wardens, $1.80 per hour. Inspectors & Clerks, $1.65 per hour Tellers, $1.50 per hour. Mr. Stevens reported that following the meeting last week, he checked into the assessed valuations of the Trani building and found that the building had been increased, following the purchase by Joseph Trani, Inc. , from $5,050 .00 to9,500.00. The total assessment had been $15,000.00+ and the increase brought it to Trani $20,450.00. He said he understood the Assessors made building the increase because the deed to Trani showed on the stamps a price of $50,000.00. The Assessors felt the assessment was out of line and the easiest way to do the figuring in the office was to put it on the building . Mr. Stevens said he told Mr. Tropeano, Tranits attorney, that he had no figure from the Board, but said the Board would go along with $10,000.00 damages as far as the building is concerned. He told him that because the Board had been assured that the building was in such bad condition, he felt this was a very fair figure . Mr. Tropeano was going to discuss it with his client and then contact Mr. Stevens. He said he should have an answer next week. The Chairman asked if, should there be an agreement, it should be ratified by Town Meeting. Mr. Stevens replied in the affirmative and said he thought the School Committee very definitely has in mind a meeting for November. He is to meet with them this evening. The Chairman explained that she emphasized that it would take three weeks from the time they asked before a Town Meeting could be held. Mr. Stevens stated that he had a plan given to him by Mr. John Carroll and he checked the various parcels to see how they had been acquired. He also had Mr. Carroll place the school building on the plan, which is on the Scott property, a parcel subject to restrictions. He explained that before the land can be so used, there will have to be action by Town Meeting, a release by Trustees of Tufts University, who are the successors to Scott, and an Act of the Legislature . 181 The Chairman stated that last summer, the School Committee tried to set up a meeting of all the Boards interested but the Planning Board could not make it She told Mr. Clark that before anything is done about a Town Meeting, a meeting of the Boards should be held, and he agreed. Mr. Stevens said he thought the School Committee has in mind some sort of a joint meeting. Mr. Stevens presented a plan of Eldred Street show- ing the portion included in Soule 's land. He said that following the layout, the land was subdivided and a fifty foot width was reserved for the street and the Town was granted easements for street purposes . He said he under- stood the Planning Board felt Emerson Road should go Emerson Road through here and asked Mr. Soule to resubdivide his land to make provisions for a seventy-foot street. He said be was given the impression from Norman May that Mr. Soule would do that Mr. Stevens explained, by indicating the lots and streets on the plan, what Mr. Soule proposes to do . He reported that Mr. May raised the question about betterments . He said if the Town builds Emerson Road, there might be betterments and it seemed to him that this might be where the Board says it Soule grants easements to the Town and if the Town builds the streets, it will not be done under betterment insofar as any assessment of betterments on these pro- perties is concerned. Mr. Richards asked if Emerson Road was going to cross Route 128, and Mr. Stevens replied that is what Mr. Snow wants. Mr. Carroll said he was concerned about the fact that provisions are being made for Emerson and Worthen Roads across the Town without 100% of the Board of Select- men or the Town Meeting Members knowing, or being sure they want to build these roads. He said in some instances developers are being asked to build streets wider than necessary at the present time without having the Town Meeting Members sure they want to build these roads. The Chairman said that it is time the Selectmen had another meeting with the Planning Board and arreview should be made next Monday night on Stnerscnand Worthen Roads. Mr. Carroll reported on the status of the Air Force Water situation and read a letter from William L. Smith, Contracting Officer. Water It was felt that the communication did not pre- sent evidence of any accomplishment or progress and did not justify an answer. A - y The Chiirman read a letter from the Board of Health, advising that a letter had been received Legal action from the attorney for William Potter, Walnut Farm re piggery Trust, stating a Superior Court jury trial has been filed to appeal the Board of Health's order that the operation of the piggery at 32 Walnut Street must be brought to an end by April 30, 1961, and also to appeal the order requesting the removal of large piles of manure in thirty days . Messrs. Stevens and Carroll retired at 8:30 P.M. Messrs . George H. Matheson, Jr. , Felix J. Conti, Robert J. Brennan, and Alan Hodges met with the Board opposing the proposed extension of Buckman Drive . Mr. Matheson presented a petition of approximately 450 signatures of residents and votes of the Town opposed to the proposed extension. He said the group tried last year to see the Town Planner or the Planning Board but could not see either. The Town Planner said he could not see the group without the Planning Board, and the Planning Board said they were too busy. The Chairman informed the group that the Selectmen have requests from people in the area of Moreland Avenue and Moon Hill Road asking for some egress, and the Board replied that the subject would be given some consideration and it was referred to the Planning Board for recommendations Mr. Matheson said the people on Buckman Drive ap- preciate the problem but if the Board went back to the Planning Board's recomb, it would find that the Moon Hill development did not want people up there . He said the problem the pe ople on Buckman Drive have is not only traffic, but the road would have to be widened and side- walks would have to be constructed, and the people oppose it generally. Mr. Conti said there has already been one fatal ac- cident and Mr. Matheson's daughter was struck by a car. He said if the extension is opened up, there will be three or four times as much traffic. The Chairman asked who was driving the vehicle in- volved in the fatal accident, and Mr. Conti replied that it was Mrs. Snyder. The Chairman asked if she was a resident of the area and Mr. Conti replied in the affirmative . The Chairman said she should have been well aware of the area. Mr. Matheson said a delivery truck struck his daughter. Mr. Conti said that there are approximately eighty children on Buckman Drive and adjoinl.ag streets. Mr. Matheson said there is no bus transportation for the High School students. He said the extension would ruin the trees and create a very bad hazard for all the children. He mentioned the Town Planner and said that for a number of years the solution was to be Worthen Road Mr. Conti said there was a direct access road from Watertown Street straight up the hill which the archi- tects ignored. Mr. Hodges said that seven acres have just been sold and some of that property fronts on Milliken Road . Dr. Brennan said if Buckman Drive is extended, most of the cars would go up Follen, down Buckman and across Moon Hill and avoid the traffic at Wilson's stand. He said some of the residents on Moon Hill Road now use Summit Road. Mr. Adams said that when Worthen Road was originally planned, one sketch was connecting in Dawes Road and Locust Avenue . He explained that the thought was that it would not become a through way. Mr. Matheson said Um people on Moon Hill Road want to be isolated and he did not see why the Buckman Drive area should be opened up to give them an access . Mr. Matheson asked if the group could have a hewing with the Planning Board and the Board of Selectman. The group retired at 9:05 P.M. The Chairman suggested that the Planning Board be advised of the petition. Mr. Carroll brought the Board up to date on the refuse disposal article in thewarrant, and reported that he talked to Fay, Spofford and Thorddike about submitting a proposal of what it would cost for that Refuse and company to make a study and what thestudy would consist garbage of. He said the proposal will be submitted some time disposal next week. Mr. Carroll reported that the State has advised, with reference to the Chapter 90 project on Winchester Drive and Lowell Street, that there is not suffioient time to invite bids and he agreed. The State suggested asking forbids and specifying that the work will be done early in the spring. One problem in oonnection with this work is that of the fill at the Christ Church He said it would be necessary to obtain slope easements and he will try to have someone make the contact this week. He said, in fact, there are three easements that 1 182 should be acquired. He explained that if it is not possible to obtain a grant, a taking will have to be made and the State has requested a letter from him stating that the easement will be taken prior to the construction, that the material in front of the church removed prior to the construction, and that the Town will pay for all non-participating items . He said he felt that the church people should be told they willl. have to remove the fill . Letter was received from the State Department of Public Works, addressed to Mr. Carroll, advising that funds for the fiscal year for sidewalk and curbing in- stallations have been practically eliminated. The in- Sidewalk & stallation of sidewalk and curb on Marrett Road, Route curb, Marrett 2A, will have to be postponed until funds become avail- Road,Rte .2A able in some future fiscal year. The letter suggested that the matter of parking ears an the sidewalk would appear to be a police matter. Letter was received from the Follen Community Church guaranteeing payment of $80.00 for the first month and 110.00 for each succeeding month for the house at 572 Massachusetts Avenue while occupied by the VonJungenfelds, MacKeen a temporary arrangement to be discontinued at the option property of the Board. rented The Chairman had previously contacted all the members of the Board and it was agreed to rent the property to the Pollen Community Church at the above-mentioned rents . The Chairman read a letter fram W. F. Davis, 18 Boulder Road, relative to connecting his waste disposal system to a sanitary sewer . Mr. Carroll reported that Mr. Davis had been in to see him the other night at which time an alternate route was suggested, going to the right, facing the hill. Mr. Carroll said it is not a bad route but there is ledge and it is longer. Mr. Davis felt that the drain could not be put in and Mr. Carroll said it did not make any sense to him not to put thedrain in. He said another solution would be to run a service back across his iot and just tie him in but that is not good because it did not include the property owned by Mrs. Fernald. W. F. Davis He explained that the amount involved is several ewer thousand dollars and the maximum to be realized from Mr. Davis would be $700 and from Mrs. Fernald $600. He told Mr. Davis that in any case, the Board would have to have in hand a grant of easements from Heath and Fletcher . i8 Mr. Carroll explained that another solution might be to have a pump in Mr . Davis ' cellar and pump out to the gravity sewer on Boulder Road. The pump would cost something around $450.00 to install and if the electricity failed, it would not work. He said there would be a charge for putting the pump in, and possibly changing the plumbing, plus $150 or $200 for the sewer service . Mr. Ferguson suggested the installation of a pump and waive of betterments. Mr. Carroll agreed to determine what it would cost to solve the problem by the installation of a pump. Mr. Carroll retired at 10:00 P.M. Mr. Donald T. Clark, Chairman of the School Com- mittee, and Mr. Mitchell Spirts met with the Bolrd. Mr. Clark said the Committee is trying to get the various Boards together to talk about a secondary Joint school site, how to move for a Town Meeting, etc. He meeting asked if the Committee could meet with the Selectmen, Planning Board, Appropriation Committee and Recreation Committee. It was agreed to hold a joint meeting of the Boards on Tuesday, October 11, in Sstab1ook Hall at 8:00 P.M. The Chairman read a letter from Sric T. Clarke, 29 Moon Hill Road, requesting the Board to take ap- propriate steps to reduce the hazard caused by cars park- ing along the west side of Pleasant Street, particularly on Sundays. Report was received from Lieutenant James F. Corr, Acting Chief, stating that after checking the situation, it is evident that the complaint is valid and in his opinion, "No Parking" signs should be erected and a Traffic regulation to this effect added to the Traffic Rules and Regulations . The Chairman suggested, and the Board agreed, to defer action on amending the regulations until such time as other regulations may be added, and to ask that the officer on duty make an effort to enforce the tempo- rary "No Parking" signs that are erected on Sundays . Petition was received signed by residents of Baker Avenue and Peacock Farm Road asking to have a posted, enforced speed limit. Report was received from Lieutenant James F. Corr, Acting Chief, stating that many complaints have been Traffic received from all over Town with respect tooverspeed- ing and requests for posting . After spending some time on these two streets, it did not seem to him that the 184 - 1-1 Ogoni amount of traffic called for a posted speed limit, and he suggested referring the matter to the Traffic Study Committee . It was greed to refer the complaint to the Traffic Study Committee when Chief Rycroft returns from his annual vacation. The Chairman read a letter from Walter C . Ballard stating that there are still more roomers at 6 Raymond Street than is permitted in the Zoning By-Law. Zoning Report was received from Mr. Irwin stating that Mrs . Coleman, the owner, expected to have the house let to only one family starting the first of October. He will make another inspection to ascertain whether or not the situation develops as she expected it to. Upon motion duly made and seconded, it was voted License to approve an application for a Peddler ' s License filed by George H. Phelan, 11 Stevens Road. The Chairman referred to Mr. Arthur Burrells let- ter of September 22, 1960, relative to a positive state- ment to be issued by the Board whereby all Town Depart- ments must feel that, as part of their regular duties, they have a certain assigned Civil Defense Duty. Mr. Cole was delegated to talk with Mr. Burrell without making any definite commitment . The Chairman stated that for some time the Board has talked about the possibility of doing something about the Town Report . She said there should be some Town Report reorganization. She took a few names from the list of Town Meeting Members Association and suggested a com- mittee of three people, having in mind nothing more than dropping the index and then perhaps in a year, someone might come up with some suggestions for more changes. It was agreed to contact Chesley Dunlap, Nancy Hudson, J. S. Nason Whitney and Robert H. Kingston to ask if they would serve on such a committee to be concerned with changing the organization work of the report, putting it together, taking other reports andcomparing them. However, for the present, their only concern would be with the physical makeup and would report to the Board . The meeting adjourned at 10:45 P.M. A true record, Attest: yr / /' e tine Cle i. , Sole (men rV 185 SELECTMEN'S MEETING October 10, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Built ing, on Monday, October 10, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams , Ferguson and Cole were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Richards arrived at 7:45 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on October 3, 1960. Mr. Stevens presented an Exercise of Option to acquire the land the Town was authorized to acquire from Kingston Homes, Inc., a parcel of land contain- ing approximately nine acres between Hawthorne Acres Option Section One and the Town land, sometimes known as Willard Woods. Upon motion duly made and seconded, it was voted to exercise the option to purchase the land. Mr. Stevens referred to the proposed parking area land which the Town was authorized to purchase from Mr. Cataldo and reported that the railroad Board of Directors will meet Wednesday. He informed the Board that he had been discussing with them the matter of getting a right-of-way which is subject to approval of the Department of Public Utilities . During dis- cussion, it was brought out that it could be granted to the Town without DPU approval, but if so, the Town would have to agree to indemnify the railroad harm- less from any damage arising out of that taking and they would want insurance in addition. He stated that he felt this to be unreasonable . The other way, is to acquire the right-of-way from the bank up to the rail- road property and then to lay out as a public town way the way from Depot Square to the land to be acquired from the railroad. He stated this could only be done with approval from the County Commissioners and the DPU, similar to what was done on Fottler Avenue . Mr. Stevens said the railroad representatives want something to indicate that the Board would proceed on that basis and he read a letter which he drafted, to be sent if the Board agrees. 1 186 }-' 0.4 The Chairman inquired about the cost of insurance, ' and Mr. Stevens said he did not know the exact cost, but the policy insuring the railroad on the limits they want, according to Converse Hill, would not be issued unless the Town put up lights . With lights the estimate of the premium is $1500 a year. Upon motion duly made and seconded, it was voted to proceed on the basis of establishing the crossing as a public way. Mr. Stevens referred to the store owned by Mr. Trani and now under alterations, and reported that Mr. Tropeano, Trani Trani's attorney, called today and said they would accept building the figure of $10,000. He will report further on the subject next week. Mr. Cole retired at 8:00 P.M. Mr. Stevens stated that sufficient progress has been made so it is in order for the Board to vote that the date of termination of the contract with the Air Force for water service at Laurence G. Hanscom Field would be extended from November 1,1960 to January 1, 1961. Mr. Ferguson asked why Mr. Stevens recommended Air Force an extension at this time . He said if the Air Force water was going to have a draft of the contract Wednesday, 111 action on the extension could wait until next week. Mr. Stevens stated that the Military Command is operating on a termination notice that shuts the water off November 1. Mr. Stevens said if there was no evi- dence that the Air Force was making every effort to bring the matter to a satisfactory conclusion, he would not make the recommendation, but he thought the group was satisfied that a good deal of progress has been made The Chairman explained that the Air Force would like to hurry this so that any action to be taken could be done at the November Town Meeting. Mr. Ferguson said he had no objection to moving, but he thought the only way to keep the Air Force moving is not to extend the time now. Mr. Richards said that if Mr. Stevens felt it would not harm the Town 'a position to extend the time to January 1, 1961, and would not jeopardize the Town' s position, he would be in favor of the extension. Mr. Stevens said the Air Force should be told that progress has been made . Upon motion duly made and seconded, it was voted to notify tha Air Force, through Mr. Carroll, Super- intendent of Public Works , that the Notice of Termination 187 to be effective November 1, 1960 would be extended to January 1, 1961. Mr. Stevens explained that his thought in extend- ing the time two months instead of one is to eliminate the necessity of another extension, and it should be acted on at the meeting in November. Mr. Stevens retired at 8:20 P.M. Mrs. Balza, 103 Lincoln Street, and several other residents of Lincoln Street, met with the Board. Mrs . Balza explained that she had requested the appointment because of the reaches in the area. She said they havelad an exterminator inside the house and sprayed outside, but they still have roaches from the dump. Mrs. Balza said she lives across the street about at the gate of the dump and has had roaches from the dump for two years . The Chairman stated that the Board appreciates the problem but also appreciates the fact that the dump has been there for a number of years before the new homes were built. She said that every elffort has been made to keep the dump as sanitary as possible and it would be a matter of years before it is filled. She explained that with the new system of sanitary fill, the dump will last a shorter period of time than it would otherwise . The Chairman asked Mr. Carroll if these people had contacted him, and he replied in the affirmative . He Roaches from stated that the property had been sprayed and the dump dump is sprayed weekly. He reported that he was advised by Town Counsel not to pay the exterminators' bills incur- red by the residents. He has contacted the Waltham Field Station and also had a representative from the State Department of Health out, and both said he was doing as much as he could and there is nothing more to be done . He has been advised that he is spraying often enough, once a week. One woman said she thought spraying the dump was fine but it just drives the roaches back onto their property. Mr. Carroll said there is a 'imit as to how much spraying he can do on private property. He said, as far as the Town assuming additional repponsibility, it is going further than it should be by spraying private property. Mr. Adams asked if the problem was continuous, and Mr. Salza replied t}at it is seasonal . He asked how the roaches could infest thel area if the dump was being sprayed. Mr. Carroll replied that all he can do is have the 188 0-1 ground sprayed and he could not spray under it . He ex- plained that a fogging machine was purchased this year for use at the dump. Mr. Dankese said it is fine to say the dump was there before people moved in, but it is time the Town looked forward to getting rid of the dump. The Chairman explained that the recent Town Meeting, a month ago, voted funds for a study of refuse and garbage disposal which will be ready for the Annual Town Meeting in March. She pointed out that when a move is mac the Board must know where the move is to be . Mr. Dankese said that all the people purchased their property with the understanding that the dump would not last longer than five years. He said there are also rats. He said he could get several hundred people to a meeting and that would be the next step, and they would also go to the State Department of Health. The Chairman assured the group that more is bang done to control the dump now than was ever done before . Mrs . Salza said the people on Baskin Road were going to attend the meeting this evening, but they had to go to a P.T.A. MeePing. The Chairman stated that the Board appreciates the fact that there is something undesirable in the center of the Town from many points of view and is taking steps 111toward relocating the disposal facilities and trusts that some action will be taken in March. She explained that would not mean, however, that the dump would be eliminated the next day. Mr. Richards informed the group that this year the Town is spending one-third more than it has ever spent in the history of the dump. He said it is an open dump but the Town is spending close to x+30,000.00 a year in covering it up. He said actually the only program the Board can do is a. control program. The group retired at 8:10 P.M. Mr. Carroll reported that he received two bids for a sand spreader and stated that E. J. Bleiler Equipment Co. did not bid. The bidders were Dyar Sales & Equipment Sand Company, total net bid 1955.25 and the Sandberg Equipment Spreader Company, total net bid 2178.54. Upon motion duly made and seconded, it was voted to accept the low bid, upon Mr. Carroll's recommendation, of $1955.25 submitted by the Dyar Sales & Equipment Co. Copy of letter to the Planning Board from T. H. Reenstierna was received, advising that the Vinebrook 1 189 Realty Trust is deeding to the Town land for a 70' street, to provide for a secondary artery around the Town. The Chairman read a letter from Mr. John Carroll, Superintendent of Public Works, relative to the ap- pointment of Mr. Robert Higgins as Assistant Town Engineer. Appointment Upon motion duly made and seconded, it was voted to appoint Mr. Robert B. Higgins, A sistant Town Engi- neer, effective October 13, 1960, at the rate of *6500 per year for a term expiring March 31, 1961. The Chairman read a letter from Mrs . Anne Barnes, Clerk in the Building Department, stating that she would like to purchase one of the desks stored in Cary Memorial Building. The Board felt that possibly the desks might be used some time by the Civil Defense Department and it was agreed to advise Mrs. Barnes that the Board has not de- Desks termined the desks to be excess and therefore would not be disposed of. Letter was received from Mr. Hodgdon, 70 Reed Street, relative to a proposed street to be constructed by the Pond Realty Trust in the area. Letter was received from Mr. Stevens , Town Counsel, advising that title has been acquired to a parcel of Title land on Winthrop Road, situated between lots 223 and 225, for the purpose of providing an access from Winthrop Road to Town land . Mr. Carroll retired at 9:28 P.M. The Chairman read a letter from the Central Middle- sex Multiple Listing Service relative to a real estate sign at 627 Massachusetts Avenue which is in violation of the Sign By-Law. Letter was received fromMr. Irwin, Building In- spector, advising that the sign had been previously Sign noticed by him and action taken in the form of a letter to the real estate firm and to the owner of the property. Letter was received from Mr. Irwin, Building In- spector, advising that the sign had been previously noticed by him and action taken in the form of a letter to the real estate firm and to the owner of the property . Letter was received from the Board of Appeals rela- tive to suggestions for enforcemat of the Zoning and 190 c s 7E1 Sign By-Laws outlined in a letter last May. It was agreed to advise the Board of Appeals that the subject had been discussed with the Building Inspector and since that time, the Board has received Violations regular reports from him and is presently watching what is coming along before taking any definite action. Mr. Ferguson asked if Mr . Irwin understood that he should take some action on violations himself with- out waiting for complaints, and it was suggested that possibly he should meet with the Board. Mr. Richards said he received a request from Mr. Busa to mentionto the Board that his appeal, relative to a Package Goods Store license , is still pending and Busa Liquor he has not heard anything about it. Re would like the License Board to write the ABC and request the exact status of the license . It was agreed to write the ABC that it is the Board' s understanding an appeal has been made, and it would-like to know the exact status of the license to determine whether it can legitimately grant one or two additional Package Goods Store licenses. The Chairman read a letter from Westinghouse Broad- casting Company requJsting permission for a "Voter-Cade" caravan to stop gritLAxington for about thirty minutes on November 5. 8ta on WBZ-TV is conducting an intensive "Get Out The Vote" campaign. Voter-Cade The Board had no objection and suggested tht one of the directors contact the Chief of Police to discuss the subject and work out the details . At 9:45 p,.M. , the Planning Board met with the Select- men. The Chairman explained that some time has passed since the last discussion relative to Worthen and Emerson Roads and it seemed, parcularly in view of the joint meeting tomorrow night, that the subject should be discussed again for the benefit of the Selectmen and the new members of the Planning Board. Mr. Burnell brought up the subjact of Buckman Drive and said that in 1947 the Town obtained an easement from Mr. Luongo across part of two of his lots for a water line . At that time, the Selectmen were talking about Buckman Dr. the possibility of carrying Buckman Drive across his land. In 1957, the subject came up again in the form of a petition from some of the people on Fern Street and related streets. At that time, the Planning Board made a thorough study of the area and agreed that it was advisable and necessary to have a second means of access 191 in the Moon Hill section, that the present Fern Street was not sufficient. He said there were three or four possibilities; Buckman Drive, Summit Road, Moreland Avenue and a road down to Pleasant Street . He stated that the one down to Pleasant Street was almost im- possible to carry out, and Moreland Avenue would mean only an extension after it could be connected to Worthen Road some time in the future, and Summit Road would be very expensive . Therefore, the Planning Board came back to the Luongo land as being the most logical approach to the problem. He stated that various member s of the previous Boards met with Mr. Luongo and tried to arrange ways of obtaining an easement across the three lots, but noAhing was finally agreed upon. He explained that recently Mr. Snow has been looking for tax title land that could be exchanged for the Luongo land, the problem being that he must have land upon which to grow his vegetables. Mr. Burnell reported that at a Planning Board meet- ing held August 22, 1960, the sub5ec was discussed again and asked Mr. Snow to contact Mr. Lu o to see if some arrangement could be made to acquire ess over this land. He said the Planning Board, d previous Boards, have agreed that Buckman Drive should be extended over the Luongo land and be connected. It is now a matter of working out the arrangements with Mr. Luongo as the Town will have access over his land. The Chairman said that if there is an article in the warrant to acquire land and build the street, there will be opposition on the Town Meeting floor, and there should be alternate figures of what it waild cost to do something else . Mr. Burnell said it would have to be Buckman Drive or Summit Road as Moreland Avenue is too far in the future and Summit Road would be very expensive . Mr. Snow said there are forty-seven homes between the intersection of Dawes Road and Buckman Drive that have no other means of access. Mr. Burnell said that it is the opinion of the Planning Board that while Buckman Drive is not the only solution, it is the best solution, and that a meeting with the group from 'Buckman Drive would be arranged. Following an informal discussion of Worthen Road and Emerson Road, the Planning Board retired at I0:L.0 P.M. The Chairman read a letter from Mr . Dan H. Fenn, Jr. , Chairman of the Democratic Town Committee, requesting 192 permission to park a "mobile headquarters" in one of the parking spaces on Massachusetts Avenue at Depot Square , a trailer to serve as a distribution center for liter- Mobile ature and information about the Democratic candidates. headquarters The Board was not in favor of making public streets available for any use of this type and the request was denied. The Chairman reported that Captain Harper, USAF, requested permission to display a Minuteman ballistic missile near the statue of Captain Parker for a few days commencing November 7, 1960 . The Board was receptive to the proposal and it was agreed to advise Captain Harper to contact Chief Rycroft and Superintendent Carroll to work out the details. Application for a Yearly Dump Permit was received from K. Henry Pihl, 27 Burlington Street . The truck Permit Mr. Pihl intends to use is garaged in Cambridge but he will take only rubbish from his home to the dump. Upon motion duly made and seconded, it was voted to grant the license . The Chairman reported that Miss Edith Willard, North Street, would like to take a few pine trees from Trees the woods and plantthem as a buffer. She explained that both Mr. Carroll, Superintendent of Public Works, and Mr . Mazerall, Park Department, had been contacted and could see no objections . The Board had no objection. The Chairman reported that Robert H. Kingston, Nancy Hudson and J. S. Nason Whitney are willing to Committee serve pm am infprial enomilttee tp stadg tam Town Report. It was agreed to have 800 copies of the 1960 Annual Town Report printed. The Chairman mentioned that a change had been sug- Committee gested for the Traffic Study Committee and Mr. Ferguson agreed to serve on the Committee . Upon motion duly made and seconded, it was voted Polling to have the polls open from 7:00 A.M. until 8:00 P.M. hours on State Primary Day, Tuesday, November 8, 1960. The Clerk reported that Mr. John Sullivan, 31.1 Marrett Road, made a verbal complaint about a First Class Agent's license being held by I. W. Douglas, 815A Waltham Street . Mr. Sullivan said that the agency was no longer in business at this address, 193 Mr. Richards agreed to obtain some information on the subject from Mr. Douglas. The meeting adjourned at 10:55 P.M. A true record, Attest: n 8xea. tive: Clerl , SelectmieSa 111 I 194 y G7 SELEC TMPN'S MEETING October 17, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, October 17, 1960, at 7:35 P.M. Chairman Morey, Messrs . Adams, Ferguson, Cole, and Richards were present. Mr. Stevens, Town Counsel, Mr. John Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were also present . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on October 10, 1960. Mr. Stevens mentioned the Trani situation and re- ported that he and Mr. Wilbur Jaquith had discussed subject today. Mr. Jaquith is convinced, and satis- fie . Stevens, that this can be taken care of by an agreement . Mr. Stevens told Mr. Tropeano, attorney Trani for Trani, that he would prepare an agreement to be building submitted to the next Town Meeting. In the meantime, Mr. Stevens will take it up with him and the attorney for the bank. He told Mr. Tropeano that a Town Meet- ing would probably be held in November and he could see no reason for short cutting this . If Mr. Tropeano or the bank attorney can see any other way, Mr. Stevens would give it consideration. Mr. Stevens referred to the price fixing on asphalt, tar and bituminous concrete , and reported that the Attorney General filed suit today on behalf of the C ommonemalth and also on behalf of the towns and cities . He read a letter received from the Attorney General referring to the Anti Trust suit brought by the Federal Government. Mr. Stevens said he had Mr. Carroll check his purchases and in 1959, the Town purchased about $1790 and in 1960 about $1130 liquid asphalt. He said the Price Town has nothing to do with the tar but does purchase fixing a fair aiaoumt of bituminous concrete . He said there will be a meeting of the Town Counsels Association on Wednesday, at which time this subject will be discussed and he thought there would be time to bring it up before taking any action but he was not sure . He has asked Mr. Carroll to let him know how much bituminous concrete the Town uses. He said it would seem that if enough is involved, action should be taken. 195 Mr. Stevens reported that he has received two sewer easements out of four on Robinson Hill and re- Easements commended that the Board proceed to sign the Orders of Taking. Notice was received from the MDC relative to a hearing on proposed improvements or extensions to the Metropolitan Water Supply System. It was agreed Hearing that Mr. Carroll should attend to represent the Town as he did last year . Letter was received from the MDC relative to the Northern Extra High Service Pipe Line land taken by Taking eminent domain. No Town land is involved and the Order of Taking was given to Mr. Carroll. Mr . Stevens mentioned the following items for which articles should be drawn to be presented at the Sepcial Town Meeting if called for November: Articles 1) Worthen Road layout; 2) Release of Scott ]and; 3) Authorization of the Standing School Building Committee to prepare preliminary plans ; 4) Water Contract with the Air Force ; 5) Release of a drain easement; and 6) Option for the acquisition of the Hagerty property. It was agreed to send a letter to the Planning Board stating that if a Special Town Meeting is called upon the request of the School Committee, for author- ization to obtain architectural services and prepare preliminary plans and specifications for an additional High School, the Selectmen believe an article should be included in the same Warrant to establish Worthen Road as a Town way and have the layout accepted. In connection with this, it would be desirable for the Planning Board to obtain an option for the acquisitkn of the Hagerty property. The Chairman referred to an article in the Massa- chusetts Selectmen' s AssociaUnn issue for October, relative to the study of home rule for Massachusetts Home rule cities and towns to be made by the Legislative Research study Bureau. She stated that the views of the Board should be submitted as soon as possible , the report being due in February. The Chairman asked whose repponsibility it is to advise people who are in violation of the Zoning By-Law. Mr. Stevens explained that if the Board believes a violation exists, it is called to the Building In- 196 spector ' s attention and he is asked for a report. The Chairman mentioned proposed expansion by Milliken ci Hancock Street and it was agreed to advise Mr. Irwin that a building permit should not be issued until he makes certain Milliken is not in violation of the Zoning By-Law. Mr. Stevens retired at 8:05 P.M. Upon motion duly made and seconded, it was voted to approve the following j/o pole , guy wire and anchor locations: Pole Eldred Street, northerly side, westerly locations from a point approximately 215' west of Grove Street,-- Three poles - guy wire and anchor on the third pole . Three existing poles to be removed. Mr. Adams said that there are two construction projects in the center and one really impedes traffic. He recalled that when the Battle Green Inn was under Construction construction, two individuals suffered broken bonds. in Center He said that some cities require the contractor to provide board walks . Mr. Carroll reported that there is a board walk three feet wide . He said because of the location of the buildings, it is difficult to have ideal conditions . He said that he and the Chief of Police had looked the situation over, and the Chief was going to cover some of the parking meters during the construction. Mr. Carroll said that the alley at the bank build- ing is blocked off, but that is something over which the Town has no control because of a stipulation in the deed protecting the bank. The Chairman told Mr. Carroll she would like some- Manhole in one to keep a record of the number of days the Edison Center or telephone companies do. not have the manhole in the center open. Mr. Carroll retired at 8:50 P.M. Dog Officer Report for the months of July, August and Report September was received from the Dog Officer . 1 197 Letter was received from the Dog Officer with further reference to Mr. Hersom' s complaint about the Wagner dog. Officer Forten went to the Wagner home Dog and explained what a restraining order meant. He then advised Mr. Hersom to contact him and not the Board in the event the dog was allowed to run free . The Chairman read a letter fraan Mr. Burrell, Director of Civil Defense , requesting the Board to sign .a statement to be filed with the Massachusetts Civil Defense Agency by November 21 in conjunction with possible later feimbursement by the Federal Government of administrative expenses for State and local Civil Defense organizations. Mr. Burrell met with the Board at 9:15 P.M. , at Civil which time the Chairman asked about the form the Board Defense had been requested tosign. Mr. Burrell explained that it had been given to him by the State Civil Defense Agency Upon motion duly made and seconded, it was voted to sign a statement that Mr . Burrell is in charge of Lexington Civil Defense and has the power to sign papers for the Massachusetts Civil Defense Agency deal- ing with reimbursement of funds coming within the scope of P.L. 85-606. Mr. Burrell retired at 9:19 P.M. Letter was received from Mr. Logan Clarke , Jr. , Town Chairman for the United Fund, requesting per- mission to have a United Fund flag flown from the flagpole on the Battle Green during the campaign United Fund from October 24 to November 22. flag Mr. Richards said that because of the historical significance alone , he thought theonly flag that should be flown on this particular pole is the American flag. A motion was made and seconded, to so advise Mr. Clarke but, not having a majority vote, was lost. Upon motion duly made and seconded, it was voted to authorize the United Fund organization to have the Fund flag flown beneath the Americanflag on the pole in front of Cary Memorial building. Mr. Harold Roeder, Chairman of the Board of Fire Commissioners, mat with the Board. He explained that the Commissioners had established rules and regulations Overtime as to what the firemen should be paid for and what they should not be paid for. He said if the men were called out for second alarm fires, huuricanes, blizzards, etc . , 198 n tom ' they would work withdut pay. The Commissioners under- stood that the police were not going to be paid for overtime work during the hurricane and the firemen were not paid. However, it was found out that the police were paid and the firemen are complaining. He stated that the overtime during the hurricane amounted to $669.78 and there is $743.94 left in the extra duty fund. This evening the Commissioners approved $140 out of that amount and have to go to the end of the year. The Chairman asked if the Commissioners received a transfer for extra duty for the snow storm in the spring, and Mr. Roeder replied in the affirmative . He said he thought the Selectmen should set up a policy for both departments . The Chairman asked if the overtime was regular rate or time and a half, and Mr . Roeder replied that it was regular rate . Mr. Adams said the Public Works Department is paid overtime and he thought there should be some policy. Mr. Richards said he thought, where the Police and Public Works Departments were paid, the firemen should be paid and they should not feel they were being dis- criminated against because the Commissioners were operating under established rules and regulations. Upon motion duly made and seconded, it was voted to authorize the Board of Fire Commissioners to pay over- time, regular salary rates, to the men who worked during the recent hurricane . Mr. Roeder retired at 9:30 P.M. Mr. Donald T. Clark, Chairman of the School Com- mittee, and Mr. Paul F. Poehler, Jr., Director of In- stt,t ction, met with the Board. Mr. Clark stated that the School Committee voted Town this evening to request the Selectmen to call a Special Meeting Town Meeting for November 21, 1960. Mr. Clark said the Committee would like to know if the Selectmen would ask for a taking on Worthen Road at the same meeting. The Chairman explained that the Board agreed this evening that if a Special Town Meeting was requested, it would, and has sent a letter to the Planning Board asking that Board to obtain an option on the Hagerty property. Mr. Clark asked if the Planning Board would have to hold a public hearing, and the Chairman replied that the Selectmen must hold a hearing. She said she thought 199 there was need for an informal meeting as far as the Town Meeting Members are concerned. Messrs. Clark and Poehler retired at 10:00 P.M. Letter was received from Joseph Benjamin Palmer, 18 Wilson Road, requesting a Yearly Dump Permit to take rubbish fromhis home to the dump. His truck Dump Permit is garaged in Charlestown, his place of business . Upon motion duly made and seconded, it was voted to grant Mr. Palmer a permit. Upon motion duly made and seconded, it was voted to adopt Orders of Taking on the following streest ac- cepted by the Special Town Meeting held September 26, Street 1960: Orders Alcott Road Lawrence Lane Chadbourne Road Lee land Terrace Childs Road Lillian Road Diana Lane Minola Road Emerson Road Rolfe Road Fulton Road Thoreau Road Graham Road Whitman Circle Hastings Road Whittier Road Wingate Road Application was received from Otis John Keating, 11 Hayes Avenue , for a license to drive a taxi. Satis- factory character reference was received from the Chief License of Police . Upon motion duly made and seconded, it was voted to grant a Taxi Driver' s license to Otis J. Keating. Upon motion duly made and seconded, it was voted to sign the Warrant for the State Election, November Warrant 8, 1960. Mr. Richards reported that he called Mr. Ivan Douglas relative to his license to operate at 315A Waltham Street. Mrs. Douglas informed him that her husband is in Colorado on a hunting trip. Mr. Douglas First Class does not want to renew the release at that address and Agent' s Lic has applied to the Town of Stoneham for a First Class Agent ' s license . When he return from his trip, he will send his license to operate in Lexington back to the Board. The meeting adjourned at 10:10 P.M. A true record, Attest: exec tive' C11r , Se le tmen 200 0.' n 1w sT3 SELECTMEN'S MEETING October 2L., 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 2L1 , 1960, at 7:30 P.M. Chairman Morey, Messrs . Ferguson, Cole , and Richards were pre- sent. Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted Minutes to approve the minutes ofthe Selectmen's Meeting held on October 17, 1960 . Mr. Carroll reported that he had a proposal for engineering services for the study of refuse collection and disposal. He had five copies of the proposal and recommended that the members of the Board study it, and said he would like to arrange for Mr. Heaney to meet with the Board next week, at which time he would discuss what he plans to include in the study if the Board accepts Fay, Spofford and Thorndike, Inc. , con- sulting engineers . Mr. Heaney did the study for Winchester . Proposal for Mr. Ferguson asked if Mr. Carroll had discussed engineering the subject with any other engineering concern and services, he }replied in the negative. refuse dis- Mr. Ferguson asked if any work would be done posal on the present dump site and Mr. Carroll replied that he had not asked for that ap he was under the impres- sion that the Board expected to discontinue the use of the present dump. Mr. Ferguson said that the question might be raised at Town Meeting. The Chairman said that could be a continuation of the dump study as to how long the present dump will be used. Mr. Richards inquired about the cost of the study and Mr. Carroll stated that it would be $2,000.00. Mr. Richards asked when it would be comp7e ted, and Mr. Carroll replied in three months . He stated that the report would cover every phase of refuse dis- posal. The Chairman asked Mr. Carroll what he would do in the event the Board did not accept the report, and he replied that he would go to another engineering company, possibly Metcalf & Eddy. He explained that none ofthe consultant engineers will bid as it is 201 contrary to their code of ethics, and said the Board would have to make its decision as to who will be engaged on the basis of experience and the feeling the Board has about the individual who is going to make the study. He said he was very impressed with Mr. Heaney. Mr. Ferguson asked if this concern was the best qualified to do the job and Mr. Carroll replied that he could not say they were the best, but he knows they have done considerable work in this line which has been satisfactory. It was agreed to invite Mie. Heaney to meet with the Board next Monday evening . Mr. Carroll reported that Hartwell Avenue has been turned over to the Town by the State . He ex- plained that he has no official notice but does have Hartwell a plan stating that it has been turned over, and has Avenue not had an opportunity to discuss it with Mr. Stevens. The Chairman asked if the Town would now have to maintain the street and Mr. Carroll replied in the affirmative . Letter was received from the Lexington Home for Aged People, requesting the Boa' d to have white cross- ing lines painted in front bf the home . Cross walk Mr. Carroll reported that he went up to the area with the Chief of Police and a white cross walk will be painted. Letter was received from Mr. Converse Hill, Brewer & Lord, advising that a new method of rating Town schedules has been promulgated which should result in lower fire insurance rates. This is something so new Insurance that neither the companies nor his office know just how it will affect their clients, but details will be submitted as soon as possible . Mr. John Belle zia met with the Board and stated that he represents Vincent Bellezia, for whom he is Conservator. Mr. John Belle zia owns the Pine Meadows Country Club. He said they were anxious to expand the course into eighteen holes if possible . At one time they had almost enough land to do:it but when Route 128 was constructed, some of the land was taken. He ex- plained that he would like to purchase thirty-five acres in the Meaaherville section, owned by the Town. He said he understood that it is intended to put a 202 1-3 school in the area but he believed there would be sufficient land, most of which is owned by the Town, so that the Club could acquire thirty-five acres and leave enough land for the school. The Chairmanasked how many acres Mr. Bellezia now owns, and he replied about ninety-five and to add another nine holes, thirty-five acres more would have to be acquired. The Chairman explained that the School Sites Com- mittee has had under consideration for some time the Tax title acquisition of all of this area for school and recre- ation purposes . She stated that the exact location has not been determined arra the Town would move very slowly in disposing of any land. She asked if the Board did vote to sell any land to the Club what guarantee would be given that the Club might not in the future convert the property into a development . Mr. Bellezia replied that it would be taken care of by Town Counsel. He said they would be willing to have a restriction on the land. He said they have re- ceived tempting offers for the land for development. The Chairman asked if the two golf courses could be joined together, Lexington Golf Club and Pine Meadows Golf Club. Mr. Bellezia consulted a plan and replied that he doubted if either club could buy the other out and said they are two different types of operation. Mr. Bellezia stated that he has not gone into the matter very deeply, and the first thing to be determined is whether or not any of the Town land is available . The Chairman said the first thing to be considered are the steps proposed by the School $ttes Committee, one of which was redevelopment and the other an exchange of land owned by the Town for land owned by individuals, and this is a process that would take some time . She said it is nothing that can be done with a great deal of speed and the Town is not planning on disposing of the land in the area . Mr. Bellezia said that they plan to make improve- ments in the Club house section this year and hope to have a pro shop, but all these plans could be changed and would be changed if there is any possibility of making an eighteen hole course . Mr. Ferguson suggested that Mr. Bellezia make his plan known to the School Sites Committee . The Chairman asked if tentative layout of an eighteen hole course had been made toshow how much land would be needed, and Mr. Bellezia replied in the negative. 203 The Chairman said she thought the School Sites Com- mittee would like to see on a plan what Mr. Bellezia has in mind as far as the area is concerned. Mr. Bellezia stated that he has been in contact with Whitman & Howard and asked to have the bounds of the property traced. He said he could find out from them the exact layout of the property and then perhaps lay out the seven holes very easily. The Chairman said that if Mr. Bellezia would do that, she could report to the School Sites Committee so it will know what he has in mind . She stated that as a Board they have not come to a decision as to what it intends to do with this land . Mr. Bellezia retired at 8:15 P.M. Mr. Stevens, Town Counsel, arrived at the meeting. He presented a Taking Order for adoption by the Boardto take the land the Town voted to acquire September 26, from Kingston Homes, Inc. Upon motion duly made and seconded, it was voted to sign the Order in the following form: COMMONWEALTH OF MASSACHUSETTS ' Middlesex, ss. At a meeting of the Board of Selectmen of the Town of Lexington held this 24th day of October 1960 it is unu,rn : WHEREAS, by vote duly adopted by a Town Meeting duly called, warned and held on the 26th day of September, 1960, the Selectmen were authorized on behalf of the Town of Lexington to purchase, take by eminent domain or other- wise acquire for future street location or for playground and recreational purposes and other public purposes the land hereinafter described and an appropriation of money was made therefor, as will more fully appear by reference to said vote, an attested copy of thich is annexed hereto . NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified andacting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926 and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto and of any and every other power and authority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for street, sewer, water, drain, playground and 204 F•4 recreational purposes, the following parcel of land situated in said Lexington and bounded and described as follows: WESTERLY by Hathaway Road, one hundred and 00/100 (100.00) feet; NORTHEASTERLY by lot 19 by a curved line , thirty- nine and 39/100 (39.39) feet; NOR'MERLY by said lot 19, one hundred sixty- one and 60/100! (161.60) feet; WESTERLY by said lot 19 and lots 18, 17, and AGAIN 16, six hundred fifty-seven and 72/100 (657.72) feet; NORTHERLY by land now or formerly of Dorothy J. AGAIN Pihl and by land now or formerly of Universal Construction Co. , five hundred two and 95/100 (502.95) feet; EASTERLY by land of the Town of Lexington, one thousand fifty-two and 01/100 (1052.01) feet; SOUTH_ tLY by land now or formerly of John W. Castoldi, Inc . by two courses measuring respectively, two hundred forty-three and 59/100 (243. 59) feet and sixty-seven and 07/100 (67.07) feet; WES'r twY by lot 25, One hundred sixty-five and 85/100 AGAIN (165.85) feet; SOUTEdRLY by said lot 25, one hundred seventy-nine AGAIN and 45/100 (179.45) feet; and SOUTHEASTERLY by said lot 25 by a curved line , thirty- nine and 15/100 (39.15) feet. Said parcel is down on a plan entitled "Plan of Land Off Hathaway Road Lexington Mass.", dated October 10, 1960, John J. Carroll, Town Engineer, to be recorded herewith. Said lots 16, 17, 18, 19 and 25 are indicated on said plan and are shown on plan entitled "Hawthorne Acres Section One Lexington, Massachusetts", dated May 29, 1957, Henry F. Bryant & Sons, Inc. , Engineers, recorded in Middlesex South District Registry of Deeds as plan No. 1285 of 1957, Book 9013, Page 173 . I 205 All trees upon said land and buildings and structures affixed thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: To Kingston Homes, Inc . the sum of One Dollar ($1.00) . In so awarding damages we have awarded them ta the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are now to be assessed for the im- provements for which this taking is made . WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By Ruth Morey /s/Lincoln P. Cole , Jr. /a/Norman J. Richards Gardner C . Ferguson Being a Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . October 24, 1960 Then personally appeared the above named Ruth Morey, Lincoln P. Cole , Jr., Gardner C . Ferguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing insttument to be their free act and deed before me, /s/ Hazel J. Murray Notary Public My commission expires November 21, 1964 206 CERTIFICATE OF VOTE October 24, 1960 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that at a Town Meeting duly called, warned and held on the 26th day of September, 1960, in accordance with the provisions of law applicable thereto, the following vote was unanimously adopted: "VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase , take by eminent domain or otherwise acquire for a future street location and for playground and recreational purposes, and other public purposes, a parcel of land containing about nine acres, bounded westerly by Hathaway Road and by lots 16, 17, 18, 19, and 25 on Hathaway Road, as shown on plan of "Hawthorne Acres, Section One", which is recorded in Middlesex South District Registry of Deeds as plan No. 1285 of 1957,. Book 9013, Page 173, and bounded easterly by land of the Town sometimes known as the Willard Woods; and to appropriate for such land acquisition the sum of $12,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account " A true copy. Attest: /8/ James J. Carroll James J . Carroll, Town Clerk The Chairman reported that Mr. Medill Bair, Super- intendent of Schools, called and asked what the School Committee was supposed to do relative to going ahead School for a school. As far as the land is concerned, he wanted to know if the Town would tprn the land over to the School. She advised him that for the present, it was not necessary for the School Committee to take any action knowing that the Selectmen are going along with this for a Town Meeting on November 21, but if sane of the items could not be ready, the date would have to be changed. 207 The Chairman reported that she saw Mr. Trani today and he wanted to know what progress was being made . Mr. Stevens explained that he has a redraft of Trani the agreement. Agreement The Chairman asked if it would be ready for the November Town Meeting, and Mr. Stevens replied that he thought so. The Chairman asked about the situation of the railroad crossing Cataldo's land the the parking lot. Mr. Carroll said that a layout at the November Crossing and Meetifig iSI-notrneeded. Parking Lot Mr. Stevens explained that it would be at the Annual Town Meeting and authority has to be obtained from the County Commissioners. He said there would be nothing about this for the November Meeting. The Chairman asked about the agreement with the Air Force on the water and Mr. Stevens explained that Air Force he has the papers and the Air Force is waiting to Water hear from the Town . He said this would be taken up at the November Meeting. The date for the Special Town Meeting to be held in November was not set and will be considered next Monday night . The Chairman read a letter from Mr. Stevens rela- tive to Parcel B - Peacock Farm Road, a forty foot strip of land acquired by the Town from Hillcrest Village, Inc . , in 1959. The acquisition of an addi- Parcel B - tional piece was authorized under Article 38 of the Peacock Farm Warrant for the Annual Torn Meeting. Title was ac- Road quired by the Town by deed dated October 11, 1960 and recorded in Middlesex South District Registry of Deeds on October 20, 1960. Mr. Stevens retired at 8:55P.M. Application for a dump permit was received from Francis G. Warcewicz, the Essex Tree Service, Newbury- port . Dump Permit Mr. Carroll explained this company is doing work for the Town and no permit is required. He has taken care of the matter. Mr. Carroll retired at 9:05 P.M. 208 CD The Chairman read a letter from the Fire Com- missioners requesting a transfer of $700 to the Personal Services Extra Duty Fund to enable them to pay the firemen for extra duty occasioned by the hurricane . Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $700 from the Reserve Fund to the Fire Department Personal Services Extra Duty budget . Upon motion duly made and seconied, it was voted to sign an application, on behalf of Joseph A. Busa, Cert. of Inc 140 Grant Street, for a Certificate of Incorporation, satisfactory character reference having been received from the Chief of Police . The Chairman read a letter from the Lexington Junior Chamber of Commerce requesting permission to park an "Atoms at Work" mobile exhibit in front of Emery Park on Saturday, November 0, from 10:00 A.M. Mobile - until 3:00 P.M. Exhibit It was the opinion of the Board that the pro- posed location would cause too much congestion in the Center, and it was suggested that the unit be parked on Massachusetts Avenue between the Infor- mation Booth and Buckman Tavenn, just beyond the bus stop. Upon motion duly made and seconded, it was voted Paper Drive to grant permission to St. Brigidts Church to conduct a paper drive on Sunday, October 30, 1960. Upon motion duly made and seconded, it was voted to sign Notices of Intention to lay out Worthen Road from Massachusetts Avenue 3370 feet, more or less, Worthen Road southeasterly to Waltham Street . The Board will hold a meeting in Estabrook Hall on Thursday, November 10, 1960, at 7:30 P.M. for the purpose of establishing said layout and hearing all parties interested. Further consideration was given to Mr. Arthur S. Burrell' s letter of September 22, 1960 stating that it is timely for the Board to issue a positive state- ment to the effect that all Town departments and Town employees must feel that, as part of their regular job, they have a certain assigned Civil Defense responsibility. 209 111 On May 26, l959, letters were sent from the Board to the Superintendent of Public Works, Chief of Police, Executive Health Officer , Board of Fire C ommissione rs, and the Welfare Agent, advising that the Selectmen had voted to appoint representatives from those departments to serve as members of a Civil Defense Corps to work C ivil with the Director. Defense It was agreed to suggest that Mr. Burrell held a meeting of this group and thos representing the De- partments should specify the responsibilities of the employees in their Departments rather than have the Board do it. Mr. Cole agreed to represent the Board at the meeting if the Director so desired and to discuss any phase of Civil Defense with the Director whenever he wished to contact him. The meeting adjourned at 9:50 P.M. A true record, Attest: i zectfi ive Cler1(, Select I 210 ►-� n SEL DC TMEN'S MEETING October 34, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 31, 1960, at 7: 30 P.M. C hair4an Morey, Messrs . Adams , Ferguson, and Richards were present . Mr. Stevens , Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Cole arrived at the meeting at 7:50 P.M. Mr. James J. Carroll met with the Board for the Juror drawing of one juror. Mr. Paul J. Harris, 47 Peacock Farm Road, was drawn for jury duty. Mr. James Carroll retired. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on October 24, 1960. Mr. Stevens referred to the subject of extend- ing the time once more for the acquisition of the property on Pollen Hill from the Tower Trust and ex- Extension plained that the plan is not quite ready and there are of time some temporary turn arounds that should be removed. He therefore requested an extension to December 30, 1960 and advised that it has been signed by the Trustees. Upon motion duly made and seconded, it was voted to extend the time for delivery of the deed and pay- ment for a certain parcel of land to be acquired from the Trustees of the Tower Trust to December 30, 1960 Mr. Stevens reported that he was informed today, on a telephone call from Tufts University, that they have voted to release the land from the conditions in Tufts Uni- the deed and they will wait for a formal request from versity the Town. He said he would meet with their counsel release for the language of the release . Mr. Stevens reported that he and Mr. Carroll at- tended a meeting last Friday on the MDC water and sewer. He said there is much discussion about the bond issue and explained that there are three bills . One is a $20,000,000 borrowing for water; one a $40,000,000 borrowing for sewer construction and the third is flood control. The 1120,000,000 for water includes one item in 211 which the Town has no interest, a $10,000,000 tunnel going from Newton to Franklin Field. There is an $8,000,000 item to complete the tunnel now under con- MDC bonds struction between the Wachuse tt Reservoir and Marlboro Which is of interest to everyone in the Water District At the present time , the maximum of the tunnel to deliver water is 200,000,000 a day and in the peak period, the demand runs up to 300,000,000 gallons a day . When the tunnel is in operation, there will be another 100,000,000 gallons a day. He explained that the $8,000,000 is to make the connections and that appropriation is needed now if the work is to be done when the tunnel is completed which will be October 1, 1962, and the work is on schedile . He stated that the question was raised at the hearing as to why it was so large when it was estimated that $20,000,000 originally appropriated would do everything. He explained that one element is a hydraulic generating unit which is increasing the cost. He reported that there is an item of $2,000,000 to build lines to connect the City tunnel ex- tension at Shaft 9 to Medford Square which will reinforce the supply coming here and will help Arlington and Belmont. Mr. Stevens said that the sewer is a case where any delay will involve future difficulties in that it is needed to complete the sewer project which has been under way for a number of years . He explained that until the entire project is completed, none of it can be used. The completion date is now 19555 and if it does not go through this legislation, it will be postponed that much longer. Mr. Stevens suggested that it would be advisable for the cities and towns to have their representatives get this off the table and have it voted on. Mr. Stevens retired at 7:55 P.M. Mr. Edward F. Donnelly, 125 Shade Street , an applicant for a Guide + s license , met with the Board. Mr. Donnelly stated that he is a teacher in Watertown. The Chairman said she understood he wanted to bring children to Lexington and would like to be able to say that he is a Guide . She asked if he planned to do aty_gutde work in the summer , and Mr. Donnelly replied in the affirmative saying he would be interested. The Chairman explained that Mr. Proctor, of the Junior High School, is working with ten or twelve children who want to become guides . She said that the guides have an association and perhaps Mr. Donnelly would be invited to meet with them, all students . Mr. Adams inquired as to the subject Mr. Donnelly 111 teaches, and he said he teaches American history. 212 1-4 G7 Upon motion duly made and seconded, it was voted to appoint Edward F. Donnelly, 125 Shade Street, a Guide within the limits of the Town for a term ex- piring October 31, 1961. The Chairman presented Mr. Donnelly with his license and badge and he retired. The Chairman read a letter from Mr. John E. Rowan, 25 Pine Knoll Road, expressing appreciation to the Highway Department for cleaning the street in front of his property at the time of Mrs. Rowan's funeral. Mr. Frank L. Heaney, from the firm of Fay, Spofford & Thorndike, Inc. , met with the Board to discuss the proposal for engineering services on a study of refuse collection and disposal. Study of Mr. Heaney stated that the concern is making, refuse col- and has made, studies of this type in Lynnfield, lection & Winchester, Dedham, Swampscott, and Wakefield. At disposal the present time, they are supervising construction of an incinerator which they designed in Dedham end Winchester. In Lynnfield, they felt the town could better continue on with the present waste collection than to spend the money for an incinerator He thought Wakefield would come out the same way. He explained the problems in Dedham and Winchester and stated that the problems vary in the different communities because the conditions are so different . The Chairman said that from Page 5 on, in the proposal, is what would be done provided the report was accepted, and Section II would follow should it be decided that the Town is going ahead with an in- cinerator. Mr. Heaney said that was correct.. The Chairman asked if all borings would be made at the expense of the Town, and Mr. Heaney replied in the affirmative. Mr. Richards said he felt this proposal somewhat missed the point as to what he , at least, felt that Board wanted done . He said he couldgo along with Mr. Heaney, with some exceptions, until he arrived at (g) Interim Report. He said from there on the proposal is dealing with incineration, and he believed it would be the Town Meeting who would decide whether or not the Town should pay for plans and specifications invdalving an incinerator. He said items (h) , (i) , and (j ) in the proposal, as far as he was concerned, are superfluous. He said it is written around the basis of an incinerator and he had in mind, and what he thought the Board was 213 looking for, a general survey of the problem of refuse and garbage disposal with emphasis on a background study, quality and character, a discussion of the type of dis- posal, and recommendations as to what sites would be suitable for this particular type of disposal. He said it seemed to him that sanitary land fill might not be in the same area as an incinerator might be . He said after a study of location, they would then have a study of the costs of the various types and the engineer' s recommen- dations . Then having studied the proposal, there would be a recommendation as to the type of collection and disposal of garbage . He said at that point, he felt the Board of Selectmen, having met with Mr. Heaney, would have an opportunity to decide and be prepared to go to Town Meeting with a recommendation that a certain sum of money should be made available for preliminary plans and speci- fications or even final plans and specifications for a site and preparation of a site or plans for an incinerator He stated that the Board has to decide what it is going to do and where to go. He said he would expect Mr. Heaney to look at the currant dump and advise how nnuch longer it will last . He stated th=it the proposal goes beyond this and comes back as to whether or not the Town is going to have an incinerator, which he does not care about at this point. Right now, he would like to know what is to be done with the dump and where another could be located. He said thereare certain sites in the Town that could possibly be suitable for a dump. Mr. Carroll explained that he may have misled Mr. Heaney insofar as the present dump is concerned because he did not tell him to consider how much longer it would last, being under the impression that it would beused only about three years longer. He said he was sure Mr. Heaney could easily figure it out . The Chairman reported that as she read the pro- posal, she felt too much attention was given to an in- cinerator when what the Board wanted was refuse disposal . Mr. Ferguson said he told Mr Carroll last week there was too much emphasis on an incinerator and the proposal should start with the present dump, how it is being operated, if it is being operated as efficiently as possible, and how many years it is good for . He said he was disappointed in the sites and would want Mr. Heaney to look at the entire Town as to where another dump might be located, or an incinerator, and include in the study all the possible sites th= t could be used rather than selecting only three . Mr. Heaney said he would make up a proposal and do anything the Board wanted and to do a complete rubbish 214 disposal study, it should know what the different things look like completely. He said he would redraft the proposal and the first part of the report should be elaborated on to describe in more detail what is pro- posed to be done under section (a) , quantity and charac- ter of refuse to be handled, various costs of various collection items, the general problems of disposal, how long the present dump can be used, legislation trends, transfer station. Mr. Richards said he was interested in Secticm I up through VIII, and if there is a section following (g) it would be an examination not only of the cost of developing the site for an incinerator but the cost for developing sanitary land2fill. The Chairman asked if the Board could have Mr. Heaney' s consideration for next Monday and he replied in the affirmative . Mr. Heaney retired at 8:50 P.M. Mr. Carroll reported that bids were opened today for the removal of DOttch Elm diseased trees, and the Bid low bidder was Brine Tree Surgery Inc. who submitted a quotation of $1,634.32. He was not prepared to ask the Board to award the contract as he wanted an op- portunity to check the bids . )Tr. Carroll reported that he attended a meeting Mosquito of the Middlesex Mosquito Control and the request for Control Lexington in 1961 will be the same as it was this year, $7,000. Mr. Stevens returned to the meeting at 8:53 P.M. The Chairman read a letter frau Jasper A. Lane, 177 Waltham Street, requesting the installation of granite curbing on Waltham Street from Massachusetts Curbing Avenue to Marrett Road. Mr. Carroll said he thought the curbing should be extended next year and whatever is left in the curbing appropriation, should be used in this area Letter was received from Mr. James J. Carroll, together with a copy of letter to him from the office of Foley, Hoag & Eliot, reporting that Duncan T. Osborne , age three and a half, 52 Peacock Farm Road, was injured Injury by a loose stone that fell from a stonewall on property belonging to the Town situated on Peacock Farm Road, Mr. Stevens said it was just reporting the injury and not a claim for damages . He reported that the Town did not own the property at the time . 21 a The Chairman read an excerpt from the Board of Appeals' permit granting permission to the Lexington Savings Bank to erect a clock at 1778 Massachusetts Avenue which would project outside the face of the Clock building. She reported that she had discussed the subject with Mr. Nickerson and at the hearing he re- minded the architect that permission would have to be obtained from the Board of Selectmen. Mr. Stevens said it might be well to call Mr. Irwin' s attention to the fact that the clock cannot be erected without a permit from the Board of Selectmen. The Chairman reported that Reverend Lindsay of the Council of Churches called relative to the question on the ballot for the State Election, and that she had talked to Mr. Stevens . Mr . Stevens explained that a favorable vote on question A, taverns would not be permitted without Question on a vote on taverns. He said he called the ABC office ballot and was advised that the Town would definitely have to have a separate vote on taverns. He explained that if a favorable vote is cast on question A, there would be twenty-eight licenses available , including the Package Goods Stores . Upon motion duly made and seconded, it was voted Town Meeting to call a Special Town Meeting on Monday, November 28, 1960 at 8:00 P.M. Mr. Carroll retired at 9:20 P.M. Mr. Ferguson brought up the subject of enforce- ment of the Zoning By-Law and said that the question of legality always comes up. Mr. Stevens said that in some instances letters have been written and the violations ceased. Zoning Mr. Ferguson said that there is any number of violations violations around Town and whenever enforcement is mentioned, there always seems to be problems. He asked if Mr. Stevens had talked with the Building Inspector about setting up a criteria. Mr. Stevens said t t certainly there must be sufficient evidence before it would be worthwhile going to court . Mr. Ferguson asked how much evidence was needed and if the Building Inspector could get all the neces- sary evidence . Mr. Stevens said it would be enough for him to certify that he has purchased articles or seen someone 216 1-4 purchase them. , Mr. Ferguson asked ifthe advertisements in the Minute-man were evidence enough, and Mr. Stevens re- plied that it certainly is evidence but each case would have to be considered on its own. Mr. Adams said that 95% of the evidence could be gathered by the Building Inspector . Mr. Stevens said it could be, but how much time he has for it is a problem. He said if the Board was going to try many of the cases, the Building Inspector and Town Counsel would have to have assistance . Mr. Ferguson said he was striving for some criteria that if the Board has certain information, it is evidence that can be obtained by the Building Inspector. Mr. Stevens said he would go over the subject with Mr. Ferguson and the Building Inspector any morning to discuss what cases he has in mind. Mr. Ferguson said he had no cases in mind . He wanted to know what could be done to enforce the Zoning By-Law. Mr. Stevens said if Mr. Ferguson would set up a meeting, he would see if thesubject could be clarified. The Chairman said she thought letters from the Building Inspector had cleared up the worst offenders . Mr. Adams said that was true, but there are sore places being opened up all the time and there are still very flagrant violations . The Chairman suggested a Saturday morning meeting with Mr Stevens and the Inspector. Mr. Adams suggested that a list of the violations be obtained and gone over. It was agreed that each member of the Board would have a list of violations for the next meeting . Mr. Stevens retired at 9:45 P.M. Notice was received from the ABC relative to the sale and delivery of alcoholic beverages on Election Sale of Day, Tuesday, November 8, 1960 "Package Goods" Stores alcoholic shall not sell or deliver alcoholic beverages during beverages polling hours unless they are authorized to do so by vote of their respective Local Licensing Authorities. Upon motion duly made and seconded, it was voted not to authorize thesale or delivery of alcoholic beverages during polling hours on Election Day, Tues- day, November 8, 1960. The Chairman read a letter from Mrs. Rich, Col- lector of Taxes, advising that she has received a 217 commitment of $100,000 on Excise and expects another November 1. At this particular time ofthe year, when her office is busy with payments of Real Estate , it is impossible to write the bills and keep the daily work up. The clerks are willing to work Saturdays if they are paid overtime , and Mrs. Rich requested an additional $300. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $300 from the Reserve Fund to the Collector' s Personal Services Account. The Chairman read a letter from Arthur M. Gilpatrick, 19 Sutherland Road, to which was attached a copy of a letter to the Chief of Police regarding dogs owned by Robert L. Porthouse, 10 Aerial Street . Report was received from the Dog Officer advising Dogs that Mrs . Porthouse claimed the dogs were never out without a muzzle . He examined the muzzle that showed signs of extensive use and had become so worn it blended with the color of the dog and couldnot be seen from a distance of just a few feet. She agreed to obtain another muzzle and have it stained white so that a casual glance will show thatthe dog is muzzled. Invitation was received from the Veterans' Day Observance Committee for the Board to participate in the observance planned for November 11 Mr. Cole will represent the Board. Letter was received from the Merchants National Bank of Boston relative to the second annual New Conference England Municipal Conference to be held Thursday, December 1, at the Statler-Hilton Hotel. Application for a Taxi Driver' s license was received from George H. Hamilton, 104 Winter Street. Mr Hamilton is thirty-five years of age and employed by the Lexington Cab Company. License A report was received from the Chief relative to a record in 1954 obtained through the Board of Probation. Upon motion duly made and seconded, it was voted to grant the license . It was agreed to invite Mr. Irwin, Building In- spector, to meet with the Board next Monday night during the time Mr. Stevens is present and to ask him to bring in the list of violations he compiled some time ago. I 218 ►r The Chairman read a letter from the Appropriation Committee advising that the following schedule has been set up for meetings with the Selectman for the purpose of discussing budget and policy: November 7 - Town Meeting and Policy Discussion December 19- Police Department budget January 9- Public Services budget February 13- By*Law meeting. The meeting adjourned at 10:30 P.M. A true record, Attest: / / �. ./1 i/�✓ d/' bra iuGive ler• , Sale ctrr �n 4 n4 l 1 219 3ELEC TMJ N'S MEETING November 7, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 7, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, and Richards were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. Cole arrived at the meeting at 8:00 P.M. Upon motion duly made and seconded, it was voted to approve the minutes ofthe Selectmen' s Meeting Minutes held on October 31, 1960, subject to corrections suggested by the Chairman . Upon motion duly made and seconded, it was voted to sign the Warrant calling a Special Town Meeting to be held Monday, November 28, 1960, in Cary Mem- orial Hall at 8:00 P.M. The Chairman stated that the Board had received a letter from the AEC advising that should it be the desire of the Board to resubmit notice of approval of the application of Buss Bros. for a "Package Goods" Store license , the ABC would take action on it again. She said the Board is a little confused about the pro- cedure and what should be done . This license was voted at the end of Bebruary by the previous Board Busa appli- of Selectmen and the question is whether this Board cation for of Selectmen noot wants to resubmit the license to the "Package ABC , or in view ofthe fact licenses will be voted on Goods"license tomorrow, it would rather defer action. Mr. Stevens said it would be wise to lay the matter on the table not only as far as the voting tomorrow is concerned, but also because the ABC may clarify its position. He reported that he has talked to the Commissioners individually and to the Secretary to try and determine what their position is . He said both letters from the Commission are phrased as though it is up to the Board to decide whether or not the ap- plication is to be resubmitted. On the other hand, one of the Commissioners who acted on it said the matter is still under their control. He said he believed the Commissioners were somewhat confused. They do take the position that the application hav&ng been granted by the 220 cD Board of Selectmen and then not approved by the ABC and an appeal 'baked to the courts, leaves the Town in a situ- ation where a license has been granted and the lack of approval of the Commission has not become final. He explained that the Board does not have the authority to issue another license until the Court proceedings have terminated. He said it was finally left with the ABC that he would report to the Board that it was best to lay this on the table until the Commissioners decide exactly what their position is . Upon motion duly made and seconded, it was voted that until such time as the Selectmen know what the correct procedure is, that the subject be tabled pend- ing receipt of a letter from the ABC . Letter was received from Mr. Irwin, Building Inspector, reporting on an investigation made at the rear of 20 Maple Street on Friday, November 4 The premises were occupied by the D and 0 Box Company of 100 Fulton Street, Boston. The old barn and ad- jacent area were being used for storage and sorting crates and boxes . There was one worker on the premises sorting boxes, and three commercial vehicles, one loaded Zoning with crates The owner of the property and the tenant violation were notified by letter of the violation. The Chairman reported that an application hadbeen made for a long water service to service the barn and it raised the question of what the,,barn was being used for. She said Mr. Carroll now has the question of whether or not he should put in the water service . Mr. Stevens stated that he thought Mr. Carroll should not put it in if the Board has been advised by the Building Inspector that there is a violation of the Zoning By-Law. He said the Town should not put in the service and should return the deposit. Copy of letter from Mr. Stevens to Mr. Bair was received relative to the statute requiring the placing Question on of the question of equal pay for men and women teachers ballot on the ballot at the 1961 Annual Town election. Mr. Stevens retired at 8:12 P.M. Mr. Richard P. Cromwell, President of the Lexing- ton Savings Bank, met with the Board. Overhanging Mr. Cromwell said the Board of Appeals, on the clock 18th of October, approved an application for a permit to erect a clock on the outside of the bank building. He presented a picture and said that if the Board grants permission, the bank does not plan to have any advertise- ment on it . He said it is hoped that the clock can be 221 regarded as a public service , and he thought it would be something that would improve the Town. The Chairman explained that the Board has received requests for permission to erect marquees, and they have been consistently refused. She said the Board would con- sider the subject and advise Mr. Cromwell of its decision. Mr. Cromwell retired at 8:23 P.M. Mr. Adams said he was not in favor of breaking any precedent . Mr. Richards said he would not like to see a rush of protruding signs, and he did not think the bank would improve its identity any by the clock, and that it was not necessary. He mentioned that the Board has con- sistently denied requests received from the Battle Green Inn. Mr. Cole asked if Mr. Richards felt approval by the Board would be establishing a precedent, and Mr. Richards replied that he did not see the purpose of it Upon motion duly made an seconded, it was voted to deny the request . Mr. Cole abstained from voting and said he was not definitely opposed. Mr. Carroll reported that he checked the bids re- ceived last week for removal of Dutish Elm diseased trees. He stated that Brine Tree Surgery, Inc . , was the low bidder, with a quotation of $16a4.0 and he recommended that the contract be awarded to Brine . Tree Upon motion duly made and secaded, it was voted removal bids to award the contract to the low bidder, Brine Tree Surgery, Inc. , in the amount of *l644.32. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole location, the proposed location having been approved by Mr. Carroll . Pole locations Meriam Street, northeasterly side, ap- proximately 180 feet southeast of Hayes Avenue One existing j/o pole to be removed. Form letter was received from the State Department of Public Works relative to snow removal Route 2A, Town Gap 0.20 miles Upon motion duly made and seconded, it was voted Snow to continue the arrangement, providing it meets with removal the Department' s approval, whereby the State will plow the entire length of Maple Street and the Town will I ' remove snow from all of Massachusetts Avenue . 1.3 222 The Chairman reported that a group in Watertown is studying the Public Works organization and would like to meet with the Lexington Se]e ctmen to discuss the subject. She also reported that a request has been re- Meeting ceived from MIT to meet with the Selectmen and the Planning Board for .a discussion of an expansion pro- gram. The Board felt that the meeting with MIT was the more important, and it was agreed to arrange a meet- ing with MIT next Monday at 8:30 P.M. The Chairman read a letter frau Mr. Stevens to Mr. McQuillan advising that Mr. Shaw, attorney for Walnut Farm Trust , wrote that the court appeals in the case against the Board of Health had been with- drawn. The Chairman read a letter from Mr. Stevens, Town Counsel, advising that title has been acquired Title by the Town to approximately nine acres of land situ- ated on and off Hathaway Road, previously owned by Kingston Homes, Inc . Letter was received from Mr. Lurvey, Executive Health Officer, advising that several loads of heavy Sand fill have been dumped on Lot B, Burlington Street, which should eliminate the problem created by blow- ing sand. A memo of proposed changes in the composition of the 1959 Annual Town Report was received from Mr. Kingston. Town Reports The Board approved of the recommendations and Mr. Adams agreed to assist in writing the specifi- cations for bids. Letter was received from Mr. Irwin, with quo- tations for printing Building, Sign, and Plumbing Printing By: Laws. By-Laws The Chairman stated this would be an item to be included in the 1961 budget . Letters were received from the Appropriation Committee advising that the following transfers from the Reserve Fund have been approved: $700 to Fire Department Personal Services 810 to Fire Department Expenses 300 to Collector ' s Personal Services 223 Upon motion duly made and seconded, it was voted Dump to grant Yearly Dump Pernits to Ahti Jakisaari, Maynard, Permits and Albert Saganich, Lexington. Upon motion duly made art' seconded, it was voted to sign an Order for the construction of a sidewalk Sidewalk on the westerly side of Bedford Street from 154.1}8 feet north of Reed Street to 392.43 feet north of Reed Street. Messrs . Stevens and Carroll retired at 9:10 P.M. The Planning Board met with the Board and the Chair- man etplained the meeting to be held with representatives of MIT next Monday at 8:30 P.M. An informal discussion was held relative to the joint meeting in Cary Hall on Thursday, and articles Planning in the warrant for the Special Town Meeting, November Board 28, 1960 . The Planning Board retired at 9:30 P.M. The Appropriation Committee met with the Board. An informal discussion was held relative to the Appropriation articles in the warrant for the Special Town Meeting, Committee November 28, 1960, and the proposed budget sheets for 1961. The Appropriation Committee retired at 10:35 P.M. The Chairman referred to the New England Municipal Conference to be held on Thursday, December 1, at the Statler-Hilton Hotel . The Clerk was instructed to advise that three members of the Board plan to attend amla definite con- Conference firmation will be mailed after next Monday' s meeting . The subject is to be placed on the agenda again for next week. Mention was made of enforcing the Zoning By-Laws and the Chairman brought up the subject of the sale of Christmas trees. She suggested that a list be obtained Zoning this year of all individuals selling in a residential area and letters sent advising that they were in vio- lation and action would be taken if they proceeded to continue next year. It was agreed to bring up the subject of precinct boundaries next Monday. ' The meeting adjourned at 11:00 P.M. A true record, Attest: e 4tiv C le . , Se lecimen / v Cf' 1-11 224 CD SELECTMEN' S HEARING November 10, 1960 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building, on Thursday, November 10, 1960, at 7:30 P.M. Chairman Morey, Mr . Adams , Mr. John J. Carroll, Town Engineer and Superintendent of Public Wroks, and the Executive Clerk were present. The hearing was held for the purpose of making and establishing extension and layout of Worthen Road from Massachusetts Avenue 3370 feet, more or less, south- easterly to Waltham Street . Notices of the intention of the Board to pass an Order for the extension and layout were delivered by the Constable to all property owners as they appear on the most recent tax list. Mrs . Morey called the meeting to order and intro- duced Mr. John Carroll. She asked that any individual desiring to speak in favor or in opposition give his or her name and address for the record. She explained that Worthen Road is a project that the Board has been dis- cussing for a long time and now that the need for a new additional secondary school is apparent, the placing of that school has made imminent the laying out of Worthen Road, and that is the reason for the hearing . She called attention to plans placed on the walls . She explained that a portion of the road which would be Worthen Road of Loring Hill . Mr. Warren Kunz, 11 Baskin Road, asked if the ac- ceptance of the present length was a condition to the acceptance of any other roads on Loring Hill . He asked if Worthen Road must be accepted by the Town before Baskin, Road can be accepted. The Chairman replied that she believed it is the policy of the Town not to accept any street that does not abut another accepted street. Mr. Carroll explained thzt all the streets in the Baskin Hill subdivision are private ways and said that Worthen Road, the part already constructed, is, in effect, a driveway. It is a road constructed on Town property. He said that the policy of the Town has been not to ac- cept a street un]e ss it abuts on another accepted street. He explained th, t the streets in the Baskin Hill sub- division couldbe accepted if there was an accepted street on the upper end. He said that there is none at the present time and unless Fair Oaks Drive, Wachusett Drive , has already been constructed to permit the development 225 etc. , are accepted, it wouldseem that the streets in the Baskin Hill Development could not be accepted. He stated that it is intended this year to include in the warrant for the next Town Meeting the Baskin Hill subdivision to be accepted after Worthen Road has been accepted. Carlton M Davis, 2 Baskin Road, asked when the proposed construction would begin . The Chairman replied that the Board intends to request funds to do part, if not all, of the con- struction at the Annual Town Meeting in March as it has to be built in conjunction with the secondary school. Mr. Davis asked if the school would be built an the site of the dump. The Chairman replied that there would be a dis- cussion on that subject upstairs in Cary Hall at the close of this hearing. She explained that there has been a study made of the 150 acres the Town owns as to the best land usage . Mr. Davis asked if, when the road is widened, it would be widened as it exists today. He said he lives at the corner of Baskin and Worthen Roads and it is a very narrow road. Mr. Carroll explained tht the pavement would be thirty feet, the same as the pavement on the section on which Mr. Davis lives, with provisions made to widen it to forty-four feet. He skated that provisions would be made for catch basins for drainage so that when it becomes necessary to widen it to forty-four feet it can be easily done ; the gravel base will already be there. Mr. Davis asked about both sides of the street . Mr. Carroll explained that it is planned now to build a thirty-foot pavement, a little wider than the normal subdivision street . There will be a twelve-foot lane and a ten-foot lane on either side. Mr. Davis said that between his house and Waltham Street there is a drainage pit containing stagnant water and asked if it would be filled Mr. Carroll said that if Mr. Davis would give him a call sometime he would be glad to take a look at it . Mr. Davis asked what the plans are for thil ditch on the west side, and Mr. Carroll replied that he would take a look at it . The Chairman etplained that the construction of the road will have adequate drainage for the road and a finished job will have to be done . She said when Worthen Road, so-called, was built, it was built rather fast in order to permit the owners of the property to 226 1.1 put in their development and was built without a complete study of the entire eaea. This will have a complete drainage study. Mr. Davis asked if the Town proposed to put curbs in Worthen Road to Baskin Road. Mr. Carroll replied in the negative . Mr. Davis said his lawn is all run over. Mr. Carroll stated that curbing might be installed on the corner but it is not intended to put curbing the entire length of the road. Mr. Carroll stated tht there are no plans for planting of trees as far as this layout is concerned. However, the Town would be glad to consider a request for trees, and there is quite a list every year. Mr. Charles Stein, 15 Baskin Road, asked what the extension would cost and what effect it would have on the tax rate next year. The Chairman replied that there is an estimate of the cost and the Town Meeting November 28 will be asked to appropriate funds for an engineer' s study to be made . After that, a more accurate estimate of the cost can be given She said the figure the Board is working on at the moment is between $300,000 and #400,000. She said this road will alleviate the heavy traffic through the center of Lexington. Mr. Stein asked if there was any estimate as to the effect it would have on the tax rate, and the Chairman replied in the negative . Mr. Carroll explained that the figures the Chairman gave were high and something he made up. They include the possibility of channelization of traffic at the intersection of Massachusetts Avenue and Worthen Road, possibly the relocation of the intersection at Lincoln Street at a later date, grading, paying for the house known as the Hagerty house at 2 Massachusetts Avenue and the possible location of part ofthe cinder brack if that is necessary. He said a request will be made for funds for engineering to design exactly what is to be constructed at this time . He said it is planned to go to Town Meeting with a very definite estimate. Mr. Stein asked if trees would be planted in the way of screening . Mr. Carroll replied that there are no plans in mind . Mr. Stein said it seemed to him that the road would take out some big oak trees and if some type of screening trees were planted, it would go a long way to alleviating their fears of citifying . Mr. Carroll saidthd would be taken into consider- ation. 227 Mr. James B. Williams, 10 Stratham Road, said he would like to go on record as questioning some of the concepts. Many people do not understand what it is all about. He said the basic premise on which this was proposed some years ago should be explained. He said the traffic would be diverted only a few hundred yards He said he questioned if the concept of the traffic flow in Lexington has been looked at with the passing of time . He said Worthen Road was at one tins for the Fire Department axtd that is no longer a fact . The use of the part of Worthen Road that exists now is dangerous. It has no lights or traffic control. He also said that it does not seem too logical to cut the recreation center in pieces . The Chairman suggested that Mr. Williams attend the meeting in Cary Hall at eight o'clock when the use of the area is going to be explained by Mr. Snow. The Chairman asked if there were any abutters present who were notified ofthe hearing by registered mail or notices served by the Constable . Mr. M. E. Bushnell, 217 Waltham Street , said when Worthen Road was constructed, as far as it is, he heard it was to be limited access and would not border on his property. He asked if the proposed road bordered on his property. Mr. Carroll explained the impression was caused by the fact the road was built as a driveway over Town pro- perty and Mr. Bushnell had no legal frontage on the street . Now when the road is laid out, he will have legal frontage and there would be a betterment. Mr. Bushnell said he had land and wanted to know if there would be legal frontage . Mr. Carroll replied in the affirmative . Mr. Charles Davis, 2 Baskin Road, said one ofthe reasons for the road was to relieve the traffic from the center of Lexington. He said the traffic would build up at the other end of Waltham Street and will not relieve the situation. He said he objected to the building of the road itself. Mr. Carroll said that at the present time there are very defthntte steps under way to construct Worthen Road beyond Waltham Strest . He explained that a section has already been built in Colonial Acres and at the Garden Apartment area, the -=e will be a section built to connect to the Colonial Acres subdivision. He said Worthen Road would be over to Marrett Road before too long. 228 Ore Mrs . Charles Stein, 15 Baskin Road, said the traffic would build up so much at the foot of Baskin Road that they will never be able to get out . She said the traffic now is so bad it is impossible to get out . Mr. Charles Davis, 2 Baskin Road, asked if there were any plans to do anything about Waltham Street it- self. He said the street is narrow and it is almost impossible to get out during the early morning rush and five o'clock. He asked if there would be any traffic lights Mr. Carroll explained that about two years ago by vote of Town Meeting, Waltham Street was widened at the intersection of Worthen Road . He said the layout was widened so that at a later date it could be physically widened and that is one of the items it is expected will be investigated. He said he expected provision would be made for lights if they are needed. He explained that when Worthen Road was constructed at Bedford Street, ducts were laid underground so when the need for lights arose, no excavation had to be done . He said the problem would be studied but lights could not be put in arbitrarily and the State will not authorize the installation of lights unless it is proven that there is a problem. He said it means that the intersection has to be designed so that at a later date lights can be installed. He said the problem would very definitely be studied. Mr. Dagis asked if there was an overall program to do this. He said he could not see that this will relieve the traffic unless the whole job is done . Mr. Carroll said that Worthen Road in Colonial Acres has already been constructed and he understood that it is a matter of a very short time before the plans would be presented to the Planning Board, and there was some talk about getting it done this year. One gentleman asked if the road level would be raised at the foot of Baskin Road, and Mr. Carroll replied in the negative . He said the corners would be widened and the grade raised four or five inches and the road would meet the existing driveway. Mr. William E. Maloney, representing the Josiah Willard Hayden Recreation Center, said that the Center has no objection even though it will mean the loss of a great deal of land. He said as far as the Trustees are concerned, they would like to see something done one way or another with this road because they do have a program. He said the road would be an asset to the Center if completed and they have no objections . 229 The Chairman said that, after listening to the report upstairs, if there was any doubt in anyone ' s mind, they could feel free to discuss the subject there as part of this hearing. The hearing was adjourned at 8:05 P.M. to Cary Hall for a discussion on land usage . A true record, Attest: 4 / Y ,� ec ,ive .,Clerk,( Select n C' ". 230 SELECTMEN 'S METING 111 November 14,1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, November 14, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams and Ferguson were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Mr. Cole arrived at 8:10 P.M. Mr. James J. Carroll, Town Treasurer, met with the Board relative to replacing bonds issued in 1954 that had been accidentally destroyed by a purchaser. Bonds He explained that signatures of the present Board would be acceptable on replacement bonds , and the gentleman who cut the bonds was responsible for the cost of the new bonds . Upon advice of Town Counsel, the Board signed new bonds to replace those damaged when the signa- tures were accidentally cut off . Hearing was declared open upon petition of the ' Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate three Pole poles on the Cambridge-Concord Highway. locations Mr. Mahon, representing the Boston Edison Com- pany, and Mr. Consilvio . representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Mr. Mahon explained that, as mentioned in the petition, the poles are existing . Through this peti- tion, the company desires to make them joint with the telephone company. He said the reaeon for the hearing is that the Edison Company records shown that in two cases it does not have a sustaining grant and if the Board acts favorably on the petition, it will have a proper sustaining grant covering all three poles . Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole locations : Cambridge-Concord Highway, southerly side, easterly from a point approximately 140 feet east of Pleasant Street,-- Two poles . Cambridge-Concord Highway, northerly side, approximately 395 feet east of Pleasant Street, -- One pole . 231 The Chairman asked about the status of the poles for electricity going to the new Grove Street school. Mr. Mahon stated that he understood the company pro- Streetlights poses to feed the new school on Grove Street from Grove Street Grove Street and it will be fed underground He said school. he would like leave to withdraw the petition for two poles on Robinson Road, together with the three poles proposed to be set on Town property. Mr. Consilvio agreed to check on the poles now placed on the ground. Mr. Mahon said he supposed the need for street lighting would be coming along . Mr. Carroll explained that lights are planned for the school driveway and the parking area. Messrs. Mahon and Consilvio retired at 7:55 P.M. Due to the increased number of voters registered for the November election and the Special Town Meeting scheduled for November 28, not provided for in the budget, there is a deficit in the Elections Account of $413.31. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $413.31 from the Reserve Fund to the Elections - Jurisdiction Selectmen Account . Mr. Stevens read a letter from the ABC with refer- ence to the Package Goods Store license granted to Alfred S. Busa and Daniel P. Busa on February 29, 1960 which was disapproved by the Commission on March 29, Busa 1960 . After reconsideration by the Commission, it Package Goods voted to approve granting of the license and is advis. Store Lic . ing the Superior Court of its action so the appeal may be dismissed. The, letter stated that the Board was to note the Commission' s approval on the application and issue the license . Mr. Stevens read a letter fran Edward M. Viola, attorney for Manuel J. Aruda and his wife, Ethel, ask- ing that the Board defer action on the Busa license until November 21, 1960 so that he can institute legal proceedings to determine the validity of the recent action taken by the ABC . He intends to ask the Court to make an order restraining and prohibiting the Board of Selectmen from issuing the Busa license until the final determination of the case . Application for a RRtail Package Store license was received fran Manuel J. Aruda and Ethel R. Aruda to do 232CD MEd business at 329 Massachusetts Avenue , Lexington; said business to be known as Arudats Package Store . Inasmuch as the Board felt there is a legal prohbm involved, the subject was referred to Town Counsel, no action to be taken by the Board until Monday, November 21, 1960 . Mr. Stevens reported, in reference to the so-called Cataldo parking area, that the Boston and Maine directors voted to release parcel 3 from the various restrictions to which the Board has objected. He has asked to have Parking sent to him a draft of the instrument, together with a area draft pf t} e instrument by which they would convey to the Town that intervening strip and a letter from them stating they would go along with laying out of the drive- way across the tracks . He said, to avoid a delay, it would be well to have the checks ready, as he expects the paperwork to be cleared up this week. He stated that having the checks on the warrant for next Monday would not interfere with any Audgment the Board wished to exercise . Letter was received from Mr. Carroll, Town Clerk, with copy of letter and bill received from Frank Caprio, Claim 32 Rindge Avenue, Lexington, relative to damage to his car caused when he went over a ditch on Rindge Avenue . The claim was referred to Mr. Stevens , Town Counsel. At 8 :30 P.M. , the Planning Board, Messrs . Nickerson, Emery, and Ballard of theBoard of Appeals, Mr. Snow, and Messrs . Winslow, Hurd, and Fitzpatrick, representing MIT, met with the Board. Mr. Winslow presented maps and indicated property MIT Zoning owned by the United States Government and MIT. He also indicated a parcel of land MIT proposes to purchase and stated that MIT has a contract with Marie Maguire and Monsignor Maguire for the purchase of their land pro- vided satisfactory arrangements can be worked out with the Town. He said the agreement to purchase was very definitely contingent upon whether arrangements can be made with the Town. He stated that the difficulty on this is that to a certain extent some of it is top drawer or military secret, so the actual details of the activities are unknown even to him. He stated that they would like to erect a building here with a certain amount of office personnel and electronic development . It will be an of- fice building but there will be no towersand it is an expansion There is a pending contract with the United States which as yet has not been written. Everything, 233 however, has to go at once . He said it is definite enouwh so he i sure the contract will be signed be- tween the Air Force and MIT. He explained that there is a time limit if something can be worked out with the Town and they would like to start construction in January. Mr. George Hurd, associated with MIT as general counsel, explained that MIT is a non-profit educational institution, not on the same kind of contract that Raytheon has . He said the land is needed because of the demand fpr expanding facilities at the lab. He said he could not tell exactly what the space will be used* cover 80,000 square feet and will a shell type structure . It will be a one story buildingaand they will try to keep it somewhere in the area of the appearance of residences across the street. He said it would be used for office space, for certain kinds of research very, very important to national defense . He said there is no doubt about the importance of it. He said the use of the land will not be different from the use of the area around it. He said, having made a study of the Zoning By-Law, he thought this could be presented as a variance, that it certainly was for the public good and would not derogate from the general area. He said there is a question as to how to proceed if MIT is to obtain a variance, and while the land would be owned by a non-profit tax exempt institution, the building would be built by an industrial devabper. The land title would be MIT, but the ownership of the building would remain with the builder, and that being the case , he felt it would be tax revenue to the Town. He said the building would run in the neighborhhod of $1,000,000. The title of the building will remain in something other than a tax exempt institution. He said he did not know when, but it is conceivable that this land will eventually be taken by eminent domain, maybe ten years or fifteen years. He said there may be 200 or 300 people He said a study made before this meeting showed that about 10% of the people now employed live in Lexington. He mentioned traffic, and said that Hartwell Avenue , with the main entrance down below, would take some of the load off Wood Street . He said he did not know what the demand for services would be. There may be some problem with the sewage disposal, but they may have area for a leaching field. He stated that they know the setback, sideline requirements and parking requirements . He said that the Air Force will eventually take over, and it may be placed closer to the line than * for other than it will be extensive and will 234 is ordinarily possible . The Air Force will not object to MIT abutting their line . He asked if MIT should or should not ask for a variance of the side line require- ments. equire- ments. The Chairman asked if all Lincoln Laboratory was on government property, and Mr. Hurd replied that most of the buildings are on MIT property. Mr. Nickerson asked if the personnel was small in the building, and Mr. Hurd replied t}s t there is very heavy equipment in the buildings and the normal work- ing force at this would be 75 or 100 people . Mr. Fitzpatrick said there are offices in the main building but this would be a research type of use . The Chairman asked if the buildings were built with government funds and operated by Lincoln Laboratory. Mr. Fitzpatrick replied in the affirmative . The Chairman asked why the government was not buy- ing the land, and Mr. Fitzpatrick replied that there is a time problem. For the government to take land by eminent domain would take three years and MIT is talking about five or six months . He said the minute they start recruiting, the space must be available . He said eminent domain takes too long and as a matter of policy, they do not take land by eminent domain. He said this would be taxable property as he sees it . Mr. Winslow said he doubted if anyone would buy land abbtting Air Force land. Following a general discussion of the subject, true group left the meeting at 9:45 P.M. Mr. Stevens also left tb meet with the Planning Board. When he returned later in the evening, he discussed the MIT proposal and recommended calling a Town Meeting for a change in the Zoning By-Law and advised against a variance . Upon motion duly made and seconded, it was voted Town to call a Special Town Meeting for Monday, December 12, Meeting 1960, the warrant to be signed Monday, November 21, 1960 . It was further voted to have a closed warrant, this being the only article to be presented. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for j/o pole locations on Revolutionary Road. Pole Mr. Carroll explained that the petition was presented locations because Revolutionary Road formerly private is now a Town way, and he recommended approval. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole locations: 235 Revolutionary Road, southeasterly side, southwesterly from a point approxi- mately 170 feet southwest of Consti- tution Road, -- Four poles Revolutionary Road, northwesterly side , approximately 35 feet southwest of Constitution Road, -- One pole Letter was received from Mr. Mitchell J. Spirts, together with a list of thirty sidewalks for the Sidewalks Board to consider when expenditures for 1961 are dis- cussed. The Chairman read a letter from Thelma J. Wills, 98 Hancock Street, requesting removal of an elm tree at the end of her driveway, because it is difficult to get into her driveway particularly when snow is piled up around it . Mr. Carroll explained that this tree was posted and at the hearing, there was one objector. He ex- plained also that the Tree Warden decides whether or not a tree is to be taken down after a hearing, except when there is a written objection to the Board. The Chairman explained that she was opposed to taking the tree down. Tree removal Upon motion duly made and seconded, it was voted to defer action on the subject until the members of the Board have had an opportunity to view the site . Further consideration will be given to the request at the next meeting of the Board Mr. Adams brought up the subject of burning leaves on the street pavement, and the suggestion was made that the Fire Department , when issuing permits, could advise people not to burn on the street . Mr. Carroll said he was not concerned about the damage that might be caused, as he did not think it very serious . Messrs. Stevens and Carroll retired at 10:30 P.M. Application was received from Lex-Wood Poultry Farms, Inc . , for a license to store 1,000 gallons of Fuel Oil #2 fuel oil on premises at 170 Wood Street . The ap- license plication had been referred to Chief Engineer Belcastro. 236 Upon motion duly made and seconded, it was voted to grant a license toLex-Wood Poultry Farms, Inc . , for the storage of 1,000 gallons of #2 fuel oil in an underground tank on premises at 170 Wood Street. Application was received from Donald W. Birch, 23 Summer Street, Bedford, d o.b. November 6, 1942, for a Taxi Driver' s license . The applicant is em- License plpyed by the Lexington Cab Company and has taken the Lexington High School Driver' s Education course . Satisfactory character reference was received from the Chief of Police . Upon motion duly made and seconded, it was voted to grant the license Letter was received from Mr. Allan Green, Presi- dent of Brotherhood, Arlingtpn, Lexington, Bedford, Meeting Jewish Community Center, inviting a member of the Board to attend a dinner meeting on February 20, 1961 commemorating the occasion of Brotherhood Month . Mr. Cole agreed to represent the Board Further consideration was given to the New England Municipal Conference to be conducted December 1 by the Merchants National Bank of Boston. Conference The Clerk was instructed to submit the names of Mrs . Morey, Mr. Richards and Mr. Cole as members of the Board who may attend. Further consideration was given to the subject of precinct boundaries which are required to be reviewed by the Selectmen and revised, if need be , in December of every fifth year. It was agreed to appoint the following individuals as a committee to review the boundaries and report to the Board: Haskell W. Reed, Precinct 1 Lewis L. Hoyt, Precinct 2 Ralph H. Tucker, Precinct 3 Carl E. Bryant, Precinct 4 William E. Maloney, Precinct 5 Nathan B. Ricker, Precinct 6 Mr. Redd, representing Precinct 1, will be asked to call a meeting of the group. 237 Selectmenss Meeting -8- November 14, 1960 Thursday, November 17th, was tentatively set for a meeting with Mr. Donald K. Irwin, Building Inspector, for the purpose of discussing enforcement of the Zoning By-Law The meeting adjourned at 11:11 P.M. A true record, Attest: ,Exec t�'Clerkc Select a_ 1 I 238 SELECTMEN'S MT,3TING November 21, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, November 21, 1960, at 7:30 P.M. Chairman Morey, Messrs Adams, Ferguson, Cole , and Richards were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The Chairman read a letter from Mr Arthur E. Civil Defense Burrell, Director of Civil Defense, expressing con- Control Room cern with the lack of progress in the renovation of the Control Room in Cary Memorial Building. The Clerk was instructed to send a copy of the letter to Mr. Stevens and to advise Mr. Burrell that Town Counsel would give the subject his attention as soon as possible Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen ' s Meeting held on November 7, 1960. Upon motion duly made and seconded, it was voted to approve the minutes ofthe Selectmen' s Meeting held on November ]1}, 1960 . The subject of Busa Bros . Retail Package Goods Store license was held over from the last meeting of the Board, held on November 11., 1960 . Mr. Stevens reported that he has not heard any- thing further from Mr. Viola, attorney for Manuel 3. Aruda and Ethel Aruda . On Saturday morning, ]je re- ceived a call from a Mr. Brown, an attorney on Tremont Busa license Street, who said he was going to act for some of the people in the area and would file a Bill in Equiby en- joining the Board of Selectmen as well as the Alcoholic Beverages Commission and would seek a restraining order. Mr. Stevens told him if he would advise what happened at the hearing, the information would be relayed to the Board of Selectmen tonight. He said he did not hear from Mr. Brown but did receive a call today from Mr. Draper who told him Mr. Brown had withdrawn. Mr. Draper was then in the office of Mr. Rider, his attorney. Mr . Stevens called Mr. Rider and he said he had not been retained. He told Mr. Stevens that Mr. Draper would attend the Selectmen' s Meeting this evening to tell his story. Mr. Stevens stated that he saw Mr. Draper 239 this evening and was told by him that Mr. Brown now agreed to proceed. The Chairman reported that Mr. Aruda called and stated that his attorney had advised him not to go ahead and he said he was going to withdraw his appli- cation for a Retail Package Goods Store License . Messrs . Draper and Pierpont met with the Board. Mr. Draper said he wanted to confirm his state- ment to Mr. Stevens and reported that Mr. Brown has been engaged as their attorney. He said their argu- ment is not with the Board of Selectmen but with the unseemly action of the Alcoholic Beverages Commission in reversing its decision made on March 29. He said out of a clear sky the Commission gave the Board one notice and a week later, reversed its decision. He said the people did not realize there was not going to be a hearing. He said he wanted to state to the Board that Mr Brown has been engaged as their attorney and the necessary papers will be served both to the Selectmen and to the Alcoholic Beverages Commission. He said that, on that basis, he thought it would be jumping the gun to issue the license to anyone tonight The Chairman asked if the people were represented at the Alcoholic Beverages Commission hearing in Boston. Mr. Stevens explained people attended the hearing but were not represented by an attorney and opposed the approval of the license . The Chairman stated that the Selectmen had re- ceived a letter from the Commission stating that it .had reconsidered and reversed its decision but the attorney for the people opposing took no action today. Mr. Draper said that was correct, that it takes them a little time to find out what their legal rights are and what it is going to cost. Mr. Stevens asked when Mr. Brown said he would file court proceedings and Mr. Draper replied that it would probably be today. Mr Stevens asked when Mr. Brown agreed to do this and Mr. Draper replied this afternoon after he , Mr. Draper, talked with Mr. Stevens. Mr . Pierpont said he could not add anything to what Mr. Draper had said. The Chairman said that when the Board met a week ago, at the request of the attorney for Mr. Aruda, it deferred action on the Busa application for a week The week is up tonight and it is on the agenda tonight Mr. Draper said if the Board grants one license, there will be two and in a few years , another one . 240 0.0 He said his section of Town will be an East Somerville , and the people do not want that . He said at this point they were not arguing another Package Goods Store but are arguing the validity of the action of the Alcoholic Beverages Commission. Messrs . Draper and Pierpont retired at 7:50 P.M. Mr. Adams moved that the license granted by the Board and approved by the Alcoholic Beverages Commis- sion be released as of Wednesday unless enjoined by order of the court . Mr. Ferguson said that inasmuch as the license was granted and approved by the Commission he was in favor of releasing it and collecting the fee . Mr. Richards said he was not in favor of holding the license up pending appeals, thought it should be issued and could not see any reason for waiting twenty- four hours more . The Chairman said it seemed to her that the license could be released tomorrow andthe Busas told it is their responsibility if they want to take a chance on any court proceedings that might be instigated by the people in the area. Mr. Cole seconded Mr. Adams ' motion that the license, granted by the Board and approved by the Alcoholic Beverages Commission, be released as of Wednesday unless enjoined by order of the Court. The other three members of the Board were opposed and the motion was lost . Upon motion duly made and seconded, it was voted to release the license , issued by the Board of Selectmen and approved by the Alcoholic Beverages Commission, on Thesday, November 22, 1960. Three members of the Board voted in favor, two in opposition, and the vote was passed. Upon motion duly made and seconded, it was voted to sign a contract, approved by Mr. Stevens, with Brine Contract Tree Surgery, Inc . , for removal of trees in the amount of $1, 634.32 Upon motion duly made and second d, it was voted to Contract sign a contract with Fay, Spofford & Thorndikel Inc . for engineering services on the Study mf Refuse Collection and Disposal in the amount of $2,000 .00. The Chairman read a letter from Mr. Louis Carota, 24 Tarbell Avenue, requesting abatement of a $90 water betterment assessment levied against lots 144 and 145 Abatement Tarbell Avenue . These lots were purchased by Mr. Carota from the Town and there is a restriction in the deed running for ninety-nine years requiring the lots to be combined 241 for building purposes with lots 141, 142, and 143, owned by Mr. Carota. Upon motion duly made and seconded, it was voted to abate the water betterment assessment in the amount of $90 levied against lots 144 and 145, Tarbell Avenue , the Board having determined that the value of the water line does not better these two parcels of land . Messrs . Stevens and Carroll retired at 8:30 P.M. Mr. Toscani°, 385 Lowell Street, and Mr. Grano, 390 Lowell Street, met with the Board . Mr. Tosdanio said he moved to Lexington about five months ago when he purchased a house on Lowell Street next to the Countryside shopping center, and realized there was heavy traffic when he bought it . Complaint He said large trucks, cement mixers, steam shovels, and sand trucks all stop for coffee at the Early Bird Donut Shop. He said a curbing was installed, but it has not stopped the trucks from parking on the side of the street. He said he has called the police down on five or six occasions and all he wanted was "No Perking" signs on both sides of the street. The Chairman stated that it is unfortunate to have a neighborhood shopping center with houses right next to it and the matter could be referred to the Chief of Police to find out what he thinks about it. The Chairman explained that there is a Traffic Study Committee and this could be referred to that Committee and try to find out if something can be done from a traffic point of view. She explained that signs have to be approved by the State and un- less they are legal, they cannot be enforced. Mr. Ferguson asked if the parking bothered any- one else, and Mr. Toscani° replied that it bothers four houses, Barlo, Grano, and Perry. Mr. Grano said they block his driveway half the time but he does not bother them because they go in for coffee . Mr. Grano mentioned two Edison poles in front of his property that interfere with a drtteway he proposes to build to the rear of his store . Poles The Chairman said the Superintendent of Public Works would take a look at the poles and contact the Boston Edison. Messrs. Toscanio and Grano retired at 8:45 P.M. Messrs. Curran and Payne, Watertown Selectmen, and six other individuals, met with the Board for the purpose of obtaining information relative to the 242 losist Public Works Department setup in Lexington. Following a general discussion, the group retired at 9:40 P.M. and Mr. Stevens returned to the meeting . The questioh as to whether or not theBoard wished to have the expense of the Special Town Meeting to be held in December defrayed by MIT, the group that has an option to purchase the Maguire property on Wood Street. Expense of Upon motion duly made and seconded, it was voted 'town Meeting to accept the offer to defray the expense of the meet- ing as the only business to be presented concerns MIT. Mr. Adams wished to be recorded as not voting. Upon motion duly made and seconded, it was voted Town Meeting to sign the Warrant calling a Special Town Meeting for Monday, December 12, 1960, at 8:00 P.M. Mr. Stevens went over the motions covering the articles to be presented at the Special Town Meeting to be held Monday, November 28. He referred to A;ticle Article 6, relative to the installation of a water main from the end of the proposed new Metropolitan District Com- mission water main at about the intersection of Waltham Street and Concord Avenue to the Lexington Water stand- pipes, and said that another mrticle may be needed for the Annual Town Meeting in March. The Chairman reported that the Lexington Historical 111 Society was interested in the acquisition of the 1911 LaFrance fire truck and the question arose as to whether LaFrance or not the Society would amend the motion so that the truck truck could be purchased for 4.00. The Society also wanted to know if Mr. Carroll would have room enough at the Public Works ' barn to store it. Mr. Carroll said there would be room. Upon motion duly made and seconded, it was voted to hold the next regular meeting of the Board in the Meeting Selectmen' s Room, on Wednesday, November 30, 1960, at 7:30 P.M. Mr. Stevens referred to the so-called Cataldo parking area land and reported that he had received papers, including a release by the railroad, of rights in parcel number three . He has not had an opportunity to check it . He also received a proposed deed to the Town from the railroad which contains some provisions he does not like . Upon motion duly made and seconded, it was voted to acquire parcel 3 as shown on plan entitled "Land in 243 Lexington, Mass . Boston & Maine Railroad to Anthony R. Cataldo" dated March, 1959, J. F. Kerwin, Engineer of Design, from Anthony R. Cataldo for 410,000 and to acquire an additional narrow strip of land between the southwesterly and sou. fp 1niafAd0; of parcel 3 and the Boston and Maine) ne shown on the plan submitted by the railroad entitled "Land in Lexington, Mass . Boston and Maine Railroad to the Town of Lexington" dated July, 1960 J. F. Kerwin Assistant Chief Engineer, from the Boston & Maine Railroad for 4700.00. Upon motion duly made ani seconded, it was voted to sign an Order of Layout of Worthen Road from Massa- Layout chusetts Avenue 3370 feet, more or less, southeasterly to Waltham Street Mr. Stevens retired at 10:15 P.M. Mrs . Wills ' letter, requesting removal of a tree at 98 Hancock Street, was held over until the next Tree removal meeting of the Board. The Chairman read a letter from Ralph H. Davis, Chairman, Boston of Trustees of the Pilgrim Congre- gational Church, relative to the enclosure of a brook in a culvert for a distance of about 4001 northerly from Coolidge Avenue . Mr. Carroll said to did not think mucknmoney was involved and something could be worked out . Mr. Ferguson said the t if any work is to be done on church property, necessary releases should be obtained. Drainage It was agreed to advise Mr. Davis that an engineering check will have to be made before any definite answer is given to the questions listed in his communication. Mr. Carroll referred to the water study made by Whitman & Howard a few years ago and said there were some meetings which occurred after the water study was made and which were beyond the scope of the study. He said that Mr. Edward Howard had meetings, conferences and other studies beyond the scope of the original study that he made for the Town. From what Mr. Howard told Mr. Carroll today, he had been instructed by Yr. Gayer to continue with these various meetings, etc . , and that he would be paid for them. Mr. Carroll said that he now has a bill for $1500. Mr. Ferguson asked how long ago this happened, and Mr. Carroll replied about two and a half years. 244 cn It was agreed to have Mr. Carroll obtain an item- ized bill. Letter was received from Mr. Jtihn A. Bellizia, to- gether with plan of Pine Meadows Country Club, showing the land which he desires to purchase from the Town on behalf of Vincent N. Bellizia The subject was held over until the next meeting of the Board. The Chairman reported that skindivers, connected with Civil Defense, wanted permission to use the North Street pit and were told by the Recreation Committee that such permission should be obtained from the Board Skin Divers of Selectmen. The Board had no objection and it was suggested that they be instructed to notify the Chief of Police before using the pit. The Chairman reported that the sponsor of the family living in the MacKeen house suggested that a MacKeen reduction from $110 per month to $100 per month in property the rent would be appreciated. She stated that the man is working in Arlington for $60 a week and also has other jobs evenings and weekends. Mr. Ferguson mentioned that the tenantsare not Lexington people and as far as he knows, the present rate is fair, and that the Bo€r d did them a favor by letting them rent the house . Mr. Richards said there is no question but that the Town could get $110 per month. Upon motion duly made and seconded, it was voted to reduce the rent from $110 to $100, effective Decem- ber 1, 1960 . Mr. Carroll retired at 11:10 P.M. The Chairman read a letter from the Chamber of Commerce requesting permission to conduct a Santa Parade Claus parade , December 10 at 10:00 A.M. and also permission to park a Santamobile 30 feet long on Massachusetts Avenue beside Emery Park. Upon motion duly made and seconded, it was voted to grant permission for the parade, subject to working the details out with the Chief of Police Permission was not granted to park the Santaiobile on Massachusetts Avenue inasmuch as the Board felt the traffic congestion would be a hazard It was suggested that the group contact the Depositors * Trust for per- mission to locate it on bank property. 245 Letter was received from Mrs. Rich, Collector of Taxes, advising that she needs an additional $100 for metered mail expenses Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $100 from the Reserve Fund to the Metered Mail Expenses Account Letter was received from Mr Carl E. Bryant, ad- vising that he would accept the appointment to the Com- Committee mittee to review and revise, if necessary, the precinct boundaries. It was agreed to request the Department heads to submit budgets for 1961 on or before December 12, 1960 . Budgets Upon motion duly made and seconded, it was voted to grant the following licenses : Thomas F. Cunningham 15 Calvin Street Taxi Diver Licenses Robert M. Payne 15 Chase Avenue Taxi Driver Lexington Cab Company 11 Depot Square Add'l Cab Lexington Liquor Mart Mass. Avenue Package Goods Store Application for a Yearly Dump permit was received from Nathaniel Sage, Jr., 29 Oakland Street . Mr. Sage owns the property on Oakland Street as well as a home Permit in New Hampshire . He will maintain residence in New Hampshire until December 31 and his truck is registered there , but he would like to use it to remove rubbish from his house in Lexington. Upon motion duly made and seconded, it was voted to grant the permit . Invitation was received from the Middlesex County Selectmen' s Association to attend a dinner meeting to be held on Wednesday, December 7, at AVCO Plant in Wilming- ton. The meeting adjourned at 11:30 P.M. A true record, Attest: �y � ec tine' Cler , Sole toren I 246 I. SELECTMEN'S MEETING 111 November 30, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday, November 30, 1960, at 7:30 P.M. Chair- man Morey, Messrs . Adams , Ferguson, and Cole were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selecgmen' s Meeting held on November 21, 1960. Mr. Stevens referred to a claim for damages filed by Mr. Frank Caprio, 32 Rindge Avenue, and explained that Mr. Capriole car was damaged going into a sewer ditch which had been created by the Town when a sewer service was installed to his house on October 27, 1960 . The excavation had been filled the same day but it rained heavily November 1st and the trench sank. Mr. Carroll investigated and advised Mr. Stevens of the situation. Mr. Caprio reported his car went into the Claim ditch November 1st Mr. Stevens advised, under the circumstances, that the claim of f40 .7O be paid, the check to be retained by him until the necessary release is obtained. Upon motion duly made and seconded, it was voted to authorize payment of the claim in the amount of $40.70 subject to the necessary release being received. Mr. Stevens referred to the 1961 budget sheets he received and suggested that the Board consider what Budget is to be done relative to the position of Town Counsel and decide what is to be done on the budget for that Department next year . The Chairman read a letter from Fairfield x Ellis relative to property owned by Agnes T. Kelly, with forty feet fronting on Laconia Street and forty feet fronting on Lowell Street. In order to arrive at a Lot on basis for insurance, they want to know if the road Laconia St . ' is a public highway under the protection of the Town, if it is plowed and sanded, who paved the road, and if it is maintained by the Town. Mr. Carroll stated that it is not a public way but has been plowed and sanded for years without any 247 obligation on the part of the Town to do it . He said it was paved by Mr. Kelly, the developer . Mr. Stevens agreed to contact Mr. Fowler of Fairfield and Ellis for additional information. The Chairman brought up the subject of parking in connection with the building to be erected by Mr . Miller on Marrett Road Parking It was agreed to ask Mr Irwin, Building In- spector, how many parking spaces are provided and how the parking spaces were arrived at Mr. Stevens and Mr. Carroll retired at 8:35 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the fol- lowing j/o pole locations approved by Mr. Carroll: Pole Pelham Road, southeasterly side , north- locations easterly from a pdnt approximately 50 ' northeast of Warren Street, -- Two poles . (Two existing j/o poles to be removed. ) Upon motion duly made and seconded, it was voted to grant the petition and sign an order for the fol- lowing j/o pole locations approved by Mr. Carroll: Marlboro Road, southerly side, easterly from a point approximately 100 feet east of Woodcliffe Road,-- Two poles . Pole locations Marlboro Road, southeasterly side, south- westerly from a point approximately 40 feet southwest of Hudson Road,-- Five poles . Letter was received from Mrs. Sanborn C . Brown, 37 Maple Street, with copy of a letter she sent to Great Chief Engineer Belcastro relative to the recent burn- Meadows ing of the Great Meadows . burning Letter was received from Mrs . John Klaudiny, 476 Concord Avenue , relative to undisciplined bark- ing of a dog owned by Mr. M.J. McCormack, 475 Concord Dog Avenue . complaint Report was received from Officer George W. Forten, advising that he had discussed the subject with the Klaudinys and the MoCormacks, and Mr . McCormack has agreed to co-operate and purchase a muzzle for the dog, to wear when it is let out. 248 CD 10.4 The Chairman read a letter from Jams E. Barrett, 29 Sherman Street, with further reference to the traffic situation at Fletcher Avenue, Woburn Street Traffic and Massachdsetts Avenue . Mr. Barrett requested an appointment with the Board at one of its meetings during December. This communication, together with others relative to traffic problems, are to be referred to the G hief of Police to be checked as to the safety and police aspects, and to Mr. Carroll to be checked as to the engineering aspects, and a meeting arranged with Mr. Ferguson . Letter was received from Nathan B. Ricker advising that he will represent Precinct Six on a committee to review the precinct boundaries Application was received from Conners Bros. Inc . 1700 Massachusetts Avenue , for renewal of Package Goods License Store license . Notice of the application was advertised in the November 17, 1960 issue of the Lexington Minute- man. Upon motion duly made and seconded, it was voted to grant a Package Goods Store license for the sale of all kinds of alcoholic beverages not to be drunk on the premises to Connors Bros . Inc . , subject to the ap- proval of the Alcoholic Beverages Control Commission. Applications for Taxi Driver licenses were re- ceived from Edwin T. Carr, 88 Winter Street, Lexington; Paul A Hedtler, 23 Ledgelawn Avenue , Lexington, and Richard L. Whipple, Jr , Wayland . The Board held up on its decisions pending receipt of recommendations from the Chief of Police , particu- larly in view of the recent convictions regarding two of the applicants . It was also agreed to request the Chief of Police to make recommendations in the future on all new and renewal applications for Taxi Driver licenses in ad- dition to the information contained in the records of the Probation Officer . • The Chairman read a letter from Professor Charles Collazzo, 2360 Massachusetts Avenue , relative to setback requirements and the sidewalk on the southside of Massa- chusetts Avenue from about Jean Road to School Street It was agreed to advise Mr. Collazzo that the side- walk to which he referred was hurriedly put in as a tempo- rary measure to provide a walking area for the children 249 attending the Maria Hastings School. Furthermore , this particular location is to be considered when the sidewalk program for 1961 is discussed and budgets are being prepared The Chairman read a letter from Mr. Ralph H. Davis, Pilgrim Congregational Church, advising that he had heard from Mr. Carroll and the action taken by the Town in assuming part of the construction cost for correct- Drainage ing the drainage problem at the site of thenew church property on Coolidge Avenue is appreciated Mr. Carroll reported that Mr. C ustance is going to build the manhole and he will go over the plans with him. Further consideration was given to Mrs . Willa! request to have a tree removed from in front of her property at 98 Hancock Street A majority of the Board looked at the tree, and Tree Mr. Cole observed Mrs . Wills backing her car out of the driveway, at which time she had no difficulty. Upon motion duly made and seconded, it was voted to preserve the tree and deny the request to have it removed. I Mr . Carroll reported an accident involving Mr. GeorgeC!iickering of the Public Works Department, and resulted in a broken dental plate . He explained that Wct lents Compensation refused to pay the bill on the basis that the polley covers personal injury Claim and a dental plate is considered to be property damage Upon motion duly made and seconded, it was voted to authorize payment of $125 to Dr. Dini, a precedent having been established by a similar accident Mr. Carroll was instructed to contact Mr. Converse Insurance Hill and inquire about th; cost of a policy covering such claims. Further consideration was given to Mr. John Belliziats letter relative to the acquisition of tax title lots he desires to acquire for the purpose of enlarging the Pine Meadows Golf Club. Mr. Ferguson suggested that the letter and ac- Tax title companying plan be referred to the School Sites Com- mittee . It was agreed to advise Mr. Bellizia that the subject has been referred to the Planning Board and the School Sites Committee . 1 Mr. Carroll retired at 9:45 P.M. 250 CD Mr . Ferguson mentioned watering by the Lexington Golf Club during the period of the water ban, and it Water was suggested that a memo be made for next year to the effect that only the greens should be watered, and pro- visions should be made to water at night. Seven invitations were sent out for bids on print- ing the 1960 Annual Town Report and only one reply was received and that was from the Somerville Printing Com- pany. Town Report Upon motion duly made and seconded, it was voted to accept the bid of $5.75 per page for 800 copies of the 1960 Annual Town Report and $3.50 per page for 250 copies of the School Department Report. Mr. Cole reported that the Civil Defense Director would like the Board to make a positive statement and lvil also have all Department heads made aware that they ) efense and their department are members of Civil Defense . Mr Cole was authorized to tell Mr. Burrell that the Board is willing to co-operate, and if he encounters any difficulty, Mr Cole will take the matter up with the Board. The meeting adjourned at 10:25 P.M. A true record, Attest: e cc 'i.tiv�' Cle4k, Selec n /1 i 251 SELEC TMFN 'S MEETING December 5, 1960 A regular meeting of the Bo' d of Selectmen was held in the Selectmen' s Room, Town Office building, on Monday, December 5, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Richards, and Cole were present . Mr. Stevens, Town Counsel, Mr . Carroll, Superintendent of Public Works, and the Exemutive Clerk were also present. Mr . James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors. The follow- ing individuals were drawn for jury duty: MurrayJurors Zelikoff, 183 Cedar Street, J. Howard Atkins, 194 Follen Road, and William Willing, 18 Red Coat Lane . Mr. Carroll retired at 7:33 P.M. Mr. Stevens submitted contracts with Whitman Howard for engineering services . Contract #1960-6 covering engineering on the 24" water line and con- Engineering tract #1960-7 covering engineering on the sewer from contracts Justin Street to Burlington Street Upon motion duly made and seconded, it was voted to sign both contracts as approved by Town Counsel . Mr. Stevens reported on legislation that must be filed this week. One bill authorizes the Town to use the Scott land for school, playground, and recreational purposes . The second bill has to do with the Air Force agreement . He explained that he had bond counsel ap- prove the warding of the article and the motion. How- ever, the day of the Town Meeting, they became concerned and would not sign any grant authorizing the Town to sell water to the Air Force . He explained he has drawn the bill in the event it becomes necessary At 8:05 P.M. , Messrs. S'svens and Carroll retired. Upon motion duly made and seconded, it was voted to go into executtve session for the purpose of dis- cussing, deliberating or voting on a matter which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Mr. Robert K. Jeremiah, Wire Inspector, met wth the Board. Mr . Jeremiah retired at 8:22 P.M. 252 ars Upon motion duly made and seconded, it was voted to resume the open meeting. Mr. Stevens and Mr. Carroll returned to the meet- ing. Mr. Stevens advised that it would be necessary Article to have an article in the warrant for the Annual Town Meeting to cover the matter of a Gas Inspector. Mr. Carroll presented a plan of the trunk sewer from Watertown Street over to the Minute Man Highlands which is presently under construction. He explained that it was originally planned to go along Watertown Street to Green Lane, down Green Lane and take an ease- ment just beyond Bowman park He said that approxi- mately two monthh ago, a letter was received from Mr. Cadario who was worried about what potential damage might be done to his pond. He was afraid it might be drained out. The contractor received a copy of the letter and he was concerned, and contacted his insurance company and attorney. A meeting was held with them, at which Mr. Edward Howard and Mr. Stevens were present. The suggestion at the time by the contractor was that the sewer be moved away from Green Lane , and it was left that no decision would be made about a change until the con- tractor reached a point where something could be done . Mr. Carroll explained that there is some indication that water might be drawn out of the pond and this could be an expensive damage suit . He said he did not think there is any reason why the sewer could not go through Bowman Park and it would seem better to make the change and go through the park. This can be done with no in- creased cost to the Town and there will be no change in grades . Mr. Stevens explained that if the sewer goes down Green Lane , there would be a taking from Cadario. He said he did not think there would be any interference in the use of the Park. Upon motion duly made and seconded, it was voted to change the location of the trunk sewer, now under construction, from Green Lane to Bowman Park. Upon motion duly made and seconded, it was voted to meet at 7:30 P.M. on Monday, December 12, 1960, and to continue the meeting following adjournment of the Special Town Meeting. Mr. Stevens retired at 9:25 P.M. Mr. Charles Cole , architect, met with the Board. The Chairman stated that the Board understood Mr. Jeremiah 253 was working as a foreman for the William Diamond Junior High School for some period. Mr. Cole said he thought it was strange himself at the time but did not think too much of it because he was a part-time Inspector He said Mr. Jeremiah may have hired someone from Arlington to do the in- specting. The Chairman asked if Mr. Cole ever asked Mr. Jeremiah anything about it and he replied in the negative . He said he saw him doing considerable work around Town and thought it was all right . Mr. Ferguson asked if he reported the matter to anyone, and Mr. Cole replied that he told the Build- ing Committee about it . Mr. Ferguson asked if the Committee knew Mr. Jeremiah was the Wire Inspector, and Mr Cole replied that he thought he mentioned it . He said he had Mr. Jeremiah from the 25% stage to about the 80% stage Mr. Cole said he knew the system used by the Building Inspector who has someone inspect his work He said he thought it was an unusual situation and one that never occurred in any other job. He said it was after Mr Jeremiah left that he mentioned to the Committee that he was the Inspector and foreman on the job. Mr. Ferguson said then that Mr . Cole did not mention it to the Committee until after Mr. Jeremiah left . Mr. Cole said the Committee could answer that better as he did not remember He said he did know they knew about it some time Mr. Ferguson asked why Mr Cole mentioned it after Mr. Jeremiah left, and Mr. Cole replied he thought he mentioned it because he said he wished he had a foreman. Mr. Ferguson asked if he mentioned it to the Com- mittee as soon as he found out, and Mr. Cole replied in the negative . He said about the middle of his employment , he found out he was Wire Inspector . He said he did not remember ever seeing Mr . Jeremiah in his life until he showed up on the job when it was about half through Mr. Ferguson asked why Mr. Cole didn' t report it to the Committee when he did find out that Mr. Jeremiah was also the Wire Inspector. Mr. Cole replied that he didn' t give it much thought although it seemed a little unusual. He said when he asked the Clerk of the Works what Mr. Jeremiah did, he told him he was the part-time Wire Inspector . 254 CD Mr. Ferguson asked where Mr. Jeremiah has done work, and Mr. Cole replied that he put up the sign on the Craft Cleansers . He said he assumed that Mr. Jeremiah could work outside and be Inspector too. Mr. Cole said as far as he was concerned, he did not worry about the electrical bids on the job because he knew all the wiring is according to code . Mr. Cole said that Mr. Irwin hires an Inspector when he does jobs_.in Town and he thought the Wire In- spector should be paid for a full-time job or with the understanding that he must hire someone else to do the inspecting. Mr. Cole retired at 10:10 P.M. Mr. John Carroll returned to the meeting. The Chairman read a letter from the State Depart- ment of Public Works, advising that on November 22, ,Chapter 90 the Commissithners voted to revise the Chapter 90 assignment for Maple Street, Concord Avenue , and Win- chester Drive to include work on Lowell Street . Letter was received from Mr. Harry Conner, 287 Waltham Street, listing several items to be checked. Mr. Carroll agreed to acknowledge the communi- cation. Mr. Carroll retired at 10:20 P.M. Letter was received from Mr. Converse Hill, Brewer & Lord, relative to the list of insurance agents who are to participate in the commission on the Town ' s business . The gaestion was raised as to why insurance agents who render no service to the Town should Insurance participate , and it was agreed to have Mr. Ferguson, Mr. Cole , and Mr. Cave , meet with Converse Hill, as a committee , to discuss the subject of insurance Letter was received from Mr. James J. Carroll, Town Clerk, advising that he had received, as of Resignation December 1, 1960, Mr. Roland Greeley' s resignation as a member of the School Sites Committee . The Chairman read a letter from Mr . Arthur E. Burrell, Dshrector of Civil Defense, recommending appointment of Elvert N. Fowle , 12 Winthrop Load, as Operations Officer, and Edwin L. Key, 9 Blueberry Lane , as ShLter Officer 255 Upon motion duly made and seconded, it was voted to appoint Elvert N. Fof1e , Operations Officer, and Civil Defence Edwin L. Key, Shelter Officer, in the Department of Civil Defense Upon motion duly made and seconded, it was voted to sign an application, on behalf of Dean E. Nicholson, Cert . of Inc. [ 2 Hill Street, for a Certificate of Incorporation, satisfactory character reference havi g been receiiaed from the Chief of Police . Further consideration was given to an application for a license to drive a taxi, received from Edwin T. Carr, 88 Winter Street. The Chairman read a letter from Chief Rycroft recommending that the license be License granted at the discretion of the Board. Upon motion duly made and seconded, it was voted to grant a Taxi Driver' s license to Edwin T. Carr. Further consideration was given to an application for a license to drive a taxi, received from Richard L. Whipple , 62 Three Ponds Road, Wayland. The Chairman read a letter from Chief Rycroft recommending that the License license be granted at the discretion of the Board. Upon motion duly made and seconded, it was voted to grant a Taxi Driver ' s license to Richard L. Whipple . Further consideration was given to an application for a license to drive a taxi, received fromPaul A. He dtle r, 23 Iae dge lawn Ave nue . The Chairman read a letter from Chief Rycroft recommending that the appli- cation be disapproved because of Mr. Hedtler ' s record Upon motion duly made and seconded, it was voted that the application be denied. Applications for renewal of Common Victualler' s licenses were held up pending a report from the Build- ing Inspector as to whether or not the signs now being Licenses maintained at the establishments conform to the Sign By-Law. The meeting adjourned at 10 55 P.M. A true record, Attest: pfr ec ivee-Clerk, (Selector ri ,A;, I j 1 256 111.4 C7 w••r SELECTMEN'S MEETING I December 12, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday December 12, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Cole and Richards were present. Mr. Stevens, Town Counsel, and the Ex- ecutive Clerk were also present . Mr. Stevens reported that he had drawn the taking order on the Hagerty land which should be taken in fee . He explained that the regular order of taking of an easement will be ready. Upon motion duly made and seconded, it was voted to sign the Order taking the Hagerty land in fee in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. At a meeting of the Board of Selectmen of the Town of Lex- ington held this 12th day of December, 1960, it is ORDERED: AREAS the Board of Selectmen of the Town of Lexington, having determined and adjudged that common convenience and necessity require that a town way known as Worthen Road be laid out from Massachusetts Avenue southeasterly to Waltham Street and having complied with the requirements of law rela- tive to notice, and having received a report thereon from the Planning Board of the Town, did on the 21st day of November, 1960, lay out as a town way said Worthen Road from Massachu- setts Avenue southeasterly to Waltham Street and duly filed the report of such laying out with the boundaries and the measurements of the same with the Town Clerk on November 22, 1960; and WHEREAS, at a special Town Meeting duly called, warned and held on the 28th day of November, 1960, in accordance with the provisions of law applicable thereto, it was voted to establish as a town way and accept the layout of as a town way said Worthen Road from Massachusetts Avenue southeasterly to Waltham Street as laid out by the Selectmen under the Betterment Act and to authorize the Selectmen to take by eminent domain, pur- chase or otherwise acquire any fee , easement or other interest in land necessary therefor, and an appropriation of money was made therefor; and 257 WHEREAS, the Board of Selectmen have determined that it is necessary for the purposes of said town way to acquire the land hereinafter described, NOW, TH ?3FORE, we the undersigned being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Section 24 of Chapter 82 of the General Laws of Massachusetts and the provisions of Chapter 79 of the General Laws of Massa- chusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee in the name and on behalf of the Town of Lexington for st •eet purposes the fol- lowing parcel of land situated on Lincoln Street in said Lexington and bounded and described as follows: NORTHWESTERLY by Lincoln Street, 175.00 feet; NORTHEASTERLY by land now or formerly of Josiah Willard Hayden Recreation Centre, Inc . , 150.00 feet; SOUTEASTERLY by land of the Town of Lexington, 175.00 feet; and SOUTHWESTERLY by land ofthe Town of Lexington, by two courses measuring respectively 55.78 feet and 93.95 feet; all as shown on a plan entitled "Plan Of Land In Lexington, Mass .", dated December 8, 1960, John J. Carroll, Town Engineer, to be recorded herewith All trees upon said land and buildings and structures affixed thereto are included in the taking . We award the damages sustained by persons in their pro- perty by reason of the taking hereby made as follows : To Alice P. Hagerty, the sum of One Dollar ($1.00) . In so awarding damages we have awarded them to the sup- posed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. 2 5,8 1.4 chn Betterments are to be assessed for the improvement for which this taking is made . 111 WITNESS our hands and seals in said Lexington the day and year first above written /s/ Ruth Morey Lincoln P. Cole , Jr. Alan G. Adams Gardner C . Ferguson Norman J. Richards Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 12, 1960 Then personally appeared Ruth Morey, Alan G . Adams, Lincoln P Cole , Jr. , Gardner C . Ferguson and Norman J. Richards, known to me to be the duly elected qualified and acting Selectmen of the Town of Lexington, and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Harold E. Stevens Notary Public My commission expires September 16, 1961 The Chairman read a letter from C . Clifford Hanson, 905 Massachusetts Avenue, stating that he and some of his neighbors would like an appointment with the Board Complaint because of the Zoning By-Law by the Mahoney Bros . Without sending a reply, a copy of the complaint was referred to Mr. Irwin for an immediate reply and a copy of the complaint is to be sent to Mr. Stevens . An appointment will be made as requested after receipt of Mr. Irwin report . Letter from Mr . Walter C . Ballard, 8 Raymond Street, Complaint in which he referred to a violation of the Zoning By-Law at 5 Raymond Street, was referred to Mr. Irwin for an investigation and report The Chairman read a letter from Mr. Gardiner J. Maxey, President of the Lexington Press, Inc . , 7 Oakland Street, requesting that the business be allowed to con- tinue the privilege of having an entrance into the 259 parking area, property formerly owned by the Boston and Maine Railroad Parking It was agreed to advise Mr . Maxey that the Board is not prepared to grant any rights in there now. Whether or not, when it is constructed, it will be possible to leave an entrance for his use will depend on a plan if it can be worked out . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on Minutes November 30, 1960 and December 5, 1960 . At 7:50 P.M. , the meeting was adjourned. The Board and Mr. Stevens left to adjourn the Special Town Meeting because of the blizzard, and resumed the Selectmen' s Meeting at 8:05 P.M. Mr Stevens retired. Mr. Adams reported that Mr. Jeremiah, part-time Wire Inspector, does not want to give up the Itek job because it is his livelihood. There aren' t too many jobs and if he is required to give it up, he will have to resign as part-time Wire Inspector for the Town Mr. Ferguson said he would be willing to have Mr. Jeremiah continue on the Itek job providing he has some- ' one else do the inspecting and hereafter he is not to take any job in Lexington. Mr. Adams reported that Mr . Jeremiah is willing to Wire take his vacation period while working at Itek. Inspector Mr. Ferguson said if his position as 'dire Inspector has not been made clear, he could not agree to making him give up his job providing another inspector is need Mr. Adams said he did not think it was necessary for Mr. Jeremiah to meet withthe board this evening . The Chairman read a letter fromMr. Jeremiah advising that, since his discussion with the Board last week, he discussed the matter of a substitute Wire Inspector on the Itek job with the Concord Wire Inspector, Mr C . Waldo MacWilliams and he would be glad to make inspections for the duration of that job . Mr. Richards said the first consideration is to get someone on the job. He said he thought Mr Jeremiah made it clear that he wants tostay on the Itek job . Mr. Ferguson moved that Mr. Jeremiah be permitted to remain on the Itek job providing there is another in- spector. Mr. Cole said he would appoint Mr C . Waldo MacWilliams substitute Wire Inspector, sight unseen. Mr. Ferguson said he thought the Board should do that . Mr. Richards and Mr. Adams were opposed to Mr. Ferguson's motion. 260 71 The Chairman declined to vote because she wanted to have Mr. Jeremiah meet with the Board. Mr. Ferguson moved for reconsideration. Mr. Cole moved that the Board invite Mr. Jeremiah to meet with it . Mr. Ferguson withdrew his motion for reconsideration. The Chairman called Mr Jeremiah on the telephone and reported that he is working on a building which should be done shortly. Another building is out for bid and the present electkician hopes to get the bid. If he does, the work will carry Mr. Jeremiah through February and if not, he will be through in December. They are op- erating on the National Electrical Code of 1959. Mr. Ferguson moved for reconsideration, Mr Cole seconded the motion, and it was unanimously voted. A letter from Mr. Carmine Massimilla, 102 Lowell Ditch Street, relative to condition caused by an open drain- age ditch, was referred to Mr. John Carroll. Petition, signed by Elis A. Guditz, and other resi- dents of Vine Brook Road, requesting the erection of Signs "Slow - Children" signs, was referred to the Traffic Study Committee . The Chairman read a letter from Mr. Eugene M. LaRose , advising that due to illness he must temporarily give up his position as Dog Officer. The Chairman reported that Officer Foxten advised Dog Officer her that there must be some place for the injured and stray dogs . He talked with Dr. Smith who would be will- ing to accept appointment as Dog Officer. She said she could talk to Dr . Smith and carry the subject beyond this . Upon motion duly made and seconded, it was voted to accept Mr. LaRosets resignation and to appoint Dr . Howard A. Smith on a temporary basis until it is deter- mined how long it will be . Mr. Adaris reported that Dr. Carl Bentcn is not interested in the position . Upon motion duly made and seconded, it was voted to grant, subject to the approval of the Alcoholic License Beverage Commission, a "Package Goods" Store license to Alfred S. Buss and Daniel P. Busa, d.b.a. Busa Bros . , 131 Massachusetts Avenue Mr. Ferguson reported that the committee on insurance had met and looked into the problem of distribution of 261 commissions on insurance of thelown . He said it appears that the Board has two choices . One choice is to put the insurance out for bid and if it is put out for bid, Insurance the Board will probably receive bids from any one of seven major companies . He said the amounts will vary very little because , for instance , the fire rates are fixed. The company which would be successful would then. appoint one agent and several assistant agents among their people in Town here . This would be done on an annual basis . The other choice would be the present method whereby the Board splits the commission among several agents in Town and have one principal agent . He said they did not know the basis on which it has' been split up. Mr. Ferguson said another way, and the way the committee recommends, is that the Board appoint one agent to be responsible for the insurance of the Town. The Board can appoint a committee of five to assist the agent . The agent will be responsible for the Town's insurance needs, for keeping enough insurance , and not more than it should have . The committee of five in- surance agents would be appointed on the annual basis as would the insurance agent. They would split the commission. The agent and the committee would be re- quested to meet at least once a month, to keep records 111 of their meetings, and they would be expected to make investigations and make reports on various aspects of the Town' s insurance . At the end of the year, they should have covered every phase of insurance for the Town to see if it has enough insurance, or too much, and where it stands . At the end of the year, in their report to the Selectmen, they should combine in the report what they have done and the committee of five would be expected to rate the Agent as to whether or not a good job had been done for the Town. They would also be expected to rate the other members of the com- mittee as to what they have contributed to the committee . The agent would be expected to rate all members of the committee . For the next year, two or three of the com- mittee would be dropped off and from applications sub- mitted to the Board, new members would be appointed so the members would rotate . Mr. Adams asked if the recommended procedure was a completely new idea and Mr . Cole replied that as far as he knew it was . Mr. Ferguson said he thought it was new in its detail but actually it is a modification of the present plan It was suggested that Mr. Converse Hill, of Brewer & Lord, be advised that the time has come for a complete 262 e-. revision of the method of handling the Town's insurance . During the discussion, the Chairman recommended that the 4.25 per cent be deducted from Bartlett; 3.25 per cent be deducted from Foster & Lamont and 2.25 per cent be deducted Dm. W. S. Cooledge Co Mr. Ferguson was opposed. Mr. Adams and Mr. Cole were both in favor of leaving the percentages as they now appear, not making any change until next year with the exception of W. S. Cooledge Co. If this company has no connection in Lexington, it is to be dropped off and the percentage given to Brewer & Lord It was agreed to discuss further next week the method to be followed in handling the Town' s insurance next year . The meeting adjourned at 10:50 P.M. A true record, Attest : ec iv ClerIEQ Selec n $ ech 1)\ l 1 riff' oa SELECTMEN 'S MEETING December 19, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 19, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams , Ferguson, and Richards were pre- sent . Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and the Executive Clerk were also present . Mr. Cole arrived at 7:55 P.M. Upon motion duly made and seconded, it was voted to approve the minutes ofthe Selectmen' s Meeting held Minutes on December 12, 1960 Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate eight poles on School Street. Pole Mr. Mahon, representing the Boston Edison Company, locations was the only person present He explained that these poles have been set in connection with the street widening He stated that Mr.Carroll has indicated a slight change he would like to have made and he will see that it is taken care of. Mr. Carroll stated that one pole needs to be moved toward the curbing for snow removal. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole locations : School Street, westerly side, approxi- mately 85' north of Marrett Road,-- One pole . (One existing j/o pole to be removed) School Street, easterly side, southerly from a point approximately 180' south of Massachusetts Avenue, -- Six poles . (Six existing j/o poles to be removed. ) School Street, northwesterly side , approxi- mately 951 northeast of Roosevelt Road,-- One pole (One existing j/o pole to be removed ) (These are existing poles - no new poles to be set) . 264 Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two Pole poles on Asbury Street . locations Mr. Mahon, representing the Boston Edison Company, was the only person present . He explained that, be- cause of street construction, the poles are to be relocated. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: Asbury Street, westerly side , northerly from a point approximately 105' north of Greenwood Street, -- Two poles . (Two existing j/o poles to be removed. ) (These are existing poles - no new poles to be set) . Mr. Mahon retired at 7:35 P.M. In the event the question was asked at the Town Town Meeting Meeting this evening, the Chairman was authorized to state that the Selectmen are in favor of the proposed change in Zoning. The Chairman read a statement from the Planning Board explaining that the Board was unanimously in favor of the change in zoning . Mr. Stevens stated' that he had the deeds, to be signed by the Board, conveying the triangular parcel of land on Reed Street and that the releases were re- ceived last week . He advised submitting a copy to the Reed Street Building Inspector because of the restrictions . triangle Upon motion duly made and seconded, it was voted to sign deeds granting certain parcels of land to John E. Hossfield and Jennie L. Hossfield; Leonard Jellis, Sr. and Christiana Boyd Jellis ; Barton A. Waldo and Lois F. Waldo; Elsia M. Wesinger; Salvador Cassella and Pauline Cassella in the following forms : The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen under and by virtue of the power conferred upon it by vote of the Town Meeting held March 16, 1953, a copy whereof is hereto annexed, and every other power, for consideration paid, grants to John E. Hossfield and Jennie L. Hossfield, husband and wife , as tenants by 265 the entirety, both of said Lexington, all its rights, title and interest in and to a certain parcel of land situated on Reed Street in said Lexington, as altered, relocated and laid out by said Town and shown on plan entitled "Plan of Reed St. Lexington, Mass ." , dated January 12, 1960, John J Carroll, Town Engineer, recorded in Midclesex South District RAgistry of Deeds as plan No 574 of 1960, Book 9583, Page 330, said parcel being bounded and described as follows SOUTHWESTERLY by the northeasterly side line of said Reed Street fifty and 78/100 (50 .78) feet; NORTHWESTERLY by land now or formerly of Nicholas A. and Anne C . Federici, one hundred fourteen and 94/100 (114.94) feet; NORTHEASTERLY by land of the grantees, seventy-six and 04/100 (76 .04) feet; SOUTHEASTERLY by the northwesterly side line of Laurel Street, seventy-five and 88/100 (75.88) feet; and SOUTHERLY by a curved side linerm i�u�nc ion St of said Reed reet,/thirtyb�ee-eeigntsance 51/100 (38.51) feet . Said parcel of land is shown as "Parcel 'E' " on plan entitled "Plan Of Parcels Of Land On Reed Street Lexington, Mass ." dated February 23, 1960, John J. Carroll, Town Engineer, to be recorded herewith. The granted premises are conveyed subject to easements, restricti ,ns„ covenants and agreements running with the land, if any of record, so far as now in force and applicable , and subject Also foie a period of ninety-nine (99) years from the date hereof to the restrictions that for purposes of building said Parcel "E” is to be combined with the abutting land of the grantees, into one lot and that only one building, together with customary accessory buildings, shall be erected, placed or main- tained on the combined lot; said abutting land of the grantees consisting of lots 4, 5 and 6 in Block 92 on plan entitled "plan Of Lots In Lexington Heights Owned By M. O. Meagher", dated July 1892; $- A W. Hammett, Civil Engineer, recorded in said Deeds in Plan Book 77 as plan 24. There has been full compliance with the provisions of Section 63A of Chapter 44 of the General Laws as inserted by Chapter 247 of th Acts of 1955. 266 Fsi* -p kmme 1. Q } 0i 0 v ��a • o O 0 �° For grantor' s title see deed to the Town of Lexington dated October 16, 1957, recorded in said Deeds, Book 9041, Page t.1 O 4J 281; tax taking dated June 1L , 1954, recorded in said Deeds, -0 N Book 8277m Page 109; and affidavit of low value of Joseph P. 0 Healey, Commissioner of Corporations and Taxation, dated August 27, 1957, recorded in said Deeds, Book 9013, Page 559. N H W m IN WITNESS WHEREOF the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name andoon its behalf by a majority of the Board of s_, ,o Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 19th day of O W °g4 0 December, 1960. -4 4- to TOWN OF LEXINGTON CO (f) o 2) s.4 By /s/ Lincoln P. Cole , Jr. U a 06 011Alan G. Adams m o Gardner C . Ferguson Norman J. Richards Countersigned Majority of the Boa d of Selectmen James J. Carroll Town Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 19, 1960 Then personally appeared Ruth Morey, Alan G. Adams, Lincoln P. Cole , Jr. , Gardner C . Ferguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing inst ument to be their free act and deed and the free act and deed of the Town of Lexington, be fore me , /s/ Hazel J. Murray Notary Public My commission expires : November 21, 1964 1 267 ' CERTIFICATE OF VOTE December 19, 1960 I, James J. Carroll, Clerk of the Town of Lexington, hereby certify that at the Town Meeting duly called, warned and held on the 2nd day of March, 1953, in accordance with the provisions of law applicable thereto, to wit: at the adjourned session thereof held on March 16, 1953, the fol- lowing vote was unanimously adopted: "VOTED: That the Selectmen be and they hereby are authorized, however from time to time constituted to sell and convey any of the real estate now or hereafter acquired by the Town by taking or sale for nonpayment of taxes, the right of redemption of which has been or shall be fore- closed or otherwise termina-ed, upon such terms and con- ditions as they may approve ." I further certify that said vote has not been rescinded or amended and remains in full force and effect . Attest: /s/ James J. Carroll Town Clerk The Town of Lexington, a municipal corporation in Middle- sex County and Commonwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the power conferred upon it by vote of the Town Meeting held March 16, 1953, a copy wEere of is hereto annexed, and every other power, for consideration paid, grants to Leonard Jellis, Sr. and Christiana Boyd Jellis, husband and wife , as tenants by the entirety, both of said Lexing- ton, all its right, title and interest in and to a certain parcel of land situated on Reed Street in said Lexington, as altered, relocated and laid out by said Town and shown on plan entitled "Plan of Reed St . Lexington, Mass .", dated January 12, 1960, John J. Carroll, Town Engineer, recorded in Middlesex South District Registry of Deeds as plan No 574 of 1960, Book 0583, Page 330, said parcel being bounded and described as follows: SOUTHWESTERLY by the northeasterly side line of said Reed Street, sixty-six and 11/100 (66.11) feet, WESTERLY by a curved side line forming the junction of said Reed Street and Laurel Street, forty and 03/100 (40.03) feet; NORTHWESTERLY by the northeaFterly side line of Laurel Street, sixty-six and 46/100 (66.46) feet; 268 NORT.REASTERLY by land of the grantees eighty-nine and 80/100 (89.80) feet; and SOUTHEASTERLY by Parcel "C" on plan hereinafter mentioned, seventy-four and 51/100 (74.51) feet. Said parcel of land is shown as "Parcel 'D'" on plan entitled "Plan Of Parcels Of Land On Reed Street Lexington, Mass .", dated February 23, 1960, John J. Carroll, Town Engineer, to be recorded herewith. The granted premises are conveyed subject to easements, restrictions, covenants andagreements running with the land, if any of record, so far as now in force and applicable , and subject also for a period of ninety-nine (99) years from the date hereof to the restrictions that for purposes of building a said Parcel "D" is to be combined with the abutting land of the grantees, into one lot and that only one building, together o o with customary accessory buildings, shall be erected, placed • � or maintained on the combined lot; said abutting land of the o grantees consisting of lots 5, 6 and 7 in Block 91 on plan entitled "Plan Of Lots In Lexington Heights Owned By M. 0. o Meagher", dated July 1892, E. A. W. Hammatt, Civil Engineer, A recorded in said Deeds in Plan Book 77 as plan 214.. o -) There has been full compliance with the provisions of 0 a, Section 63A of Chapter 144 of the General Laws as inserted • o by Chapter 247 of the Acts of 1955. co 0 For grantor's title see deed to the Town of Lexington o dated October 16, 1957, recorded in said Deeds, Book 9041, • ca Page 281; tax taking dated June 14, 1954, recorded in said 'p Deeds, Book 8277, Page 109; and affidavit of low value of cd o Joseph P. Healey, Commissioner of Corporations and Taxation, dated August 27, 1957, recorded in said Deeds, Book 9013, Page 559. ca D • 4 'o IN WITNESS WHEREOF the name of the Town of Lexington has ua been hereto affixed, and this instrument has been executed • a) s in its name and on its behalf by a majority of the Board of 4-' " Selectmen and countersigned by the Treasurer of the Town of • o Lexington and sealed with the Town seal this 19th day of December , 1960. TOWN OF LEXINGTON By /s/ Lincoln P. Cole , Jr. Alan G Adams Countersigned Gardner C . Ferguson /s/ James J. Carroll Norman J. Richards Town Treasurer Majority of the Board of Selectmen 269 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . December 19, 1960 Then personally appeared Alan G Adams, Lincoln P Cole , Jr. , Gardner C . Ferguson and Norman J. Richards , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expiresNovember 21, 1964 C ERTIFIC ATE OF VOTE December 19, 1960 I, James J. Carroll, Clerk of the Town of Lexington, hereby certify that at the Town Meeting duly called, warned and held on the 2nd day of March, 1953, in accordance with the provisions of law applicable thereto, to wit : at the adjourned session thereof held on March 16, 1953, the fol- lowing vote was unanimously adopted: *VOTED: That the Selectmen be and they hereby are authorized, however from time to time con- stituted, to sell and convey any of the real estate now or hereafter acquired by the Town by taking or sale for nonpayment of taxes, the right of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as they may approve ." I further certify that said vote has not been rescinded or amended and remains in full force and effect . Attest: /s/ James J. Carroll Town Clerk 270 The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the power conferred upon it by vote of the Town Meeting held March 16, 1953, a copy whereof is hereto annexed, and every other power, for consideration paid, grants to Barton A. Waldo and Lois F. Waldo, husband and wife , as tenants by the entirety, both of said Lexington, all its right, title and interest in and to a certain parcel of land situated on Reed Street in said Lexington, as altered, relocated and laid out by said Town and shown on plan entitled "Plan Of Reed St. Lexington, Mass ." , dated January 12, 1960, John J. Carroll, Town Engineer, recorded in Middlesex South District Registry of Deeds as plan No. 574 of 1960, Book 9583, Page 330, said parcel being bounded and described as follows: SOUTHWESTERLY by the northeasterly side line of said Reed Street, by two courses measuring respectively, one hundred eleven and 15/100 (111.15) feet and one hundred eighteen and 48/100 (118.48) feet; NORTHWESTERLY by parcel "D" on plan hereinafter mentioned, seventy-four and 51/100 (74.51) feet; NORTHEASTERLY by land of the grantees, two hundred thirty-two and 57/loo (232.57) feet; and SOUTHEASTERLY byparcel "B" on said plan, thirty and 8 /loo (30.88) feet . Said parcel of land is shown as "Parcel 'C '" on plan entitled "Plan Of Parcels Of Land On Reed Street Lexington, Mass .", dated February 23, 1960, John J. Carroll, Town Engineer, to be recorded herewith. The granted premises are conveyed subject to easements, restrictions, covenants and agreements running with the land, if any of record, so far as now in force and applicable . There has been full compliance with the provisions of Section 63A of Chapter WI of the General Laws as inserted by Chapter 247 of the Acts of 1955. For grantor ' s title see deed to the Town of Lexington dated October 16, 1957, recorded in said Deeds, Book 9041, Page 281; tax taking dated June 14, 1954, recorded in said 271 Deeds, Book 8277, Page 109; and affidavit of low value of Joseph P Healey, Commissioner of Corporations and Taxation, dated August 27, 1957, recorded in said D:;eds, Book 9013, Page 559 . As the condideration is less than $100.00 no United States or Massachusetts documentary stamps are required. IN WITNESS WHEREOF the name of the Town of Lexington has been hereto affixed, and this instrumet ha been ex- ecuted in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexingtonand sealed with the Town Seal this 19th day of December, 1960 . TOWN OF LEXINGTON By Lincoln P. Cole , Jr. /s/ Norman J. Richards Alan G. Adams Gardner C . Ferguson Majority of the Boa' d of Selectmen Countersigned: /s/ James J. Carroll Town Treasurer COMMONWEALTH QF MASSACHUSETTS Middlesex, as . December 19, 1960 Then personally appeared Alan G . Adams, Lincoln P. Cole , Jr. , Gardner C . Ferguson and Norman J. Richards , known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public My commission expires. November 21, 1964 I 272 Cr.FiTIFICATE OF VO'r. December 19, 1960 I, James J. Carroll, Clerk of the Town of Lexington, hereby certify that at the Town Meeting duly called, warned and held on the 2nd day of March, 1953, in accordance with the provisions of law applicable thereto, to wit : at the adjourned session thereof held on March 16, 1953, the fol- lowing vote was unanimously adopted: "VOTED: That the Selectten be and they hereby are authorized, however from time to time constituted, to sell and convey any of the real estate now or hereafter acquired by the Town by baking or sale for nonpayment of taxes, the right of redemption of which has been or shall be foreclosed or other- wise terminated, upon such terms and conditions as they may approve ." I further certify that said vote has not been rescinded or amended and remains in full force and effect . Attest : /s/ James J. Carroll Town Clerk The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen for consideration paid, releases to Elsie M. Wesinger, of said Lexington, all its right, title and interest, if any, in and to a certain parcel of land situated on Reed Street in said Lexington, as altered, relocated and laid out by said Town and shown on plan entitled "Plan Of Reed St . Lexington, Mass " , dated January 12, 1960, John J. Carroll, Town Engineer, recorded in Middle- sex South District Registry of Deeds as plan No. 574 of 1960, Book 9583, Page 330, said parcel being bounded and described as follows : I 273 ' SOUTHWESTERLY by the northeasterly side line of said Reed Street, ninety-eight and 43/100 (98.43) feet ; NORTHWESTERLY by parcel "C" on plan hereinafter mentioned, thirty and 88/100 (30.88) feet; NORTHEASTERLY by land of the grantee, one hundred and 00/100 (100.00) feet; and SOUTHEASTERLY by parcel "A" on said last mentioned plan, thirteen and 23/100 (13 .23) feet Said parcel of land is shown as "Parcel 'B'" on plan entitled "Plan Of Parcels Of Land On Reed Street Lexington, Mass .", dated February 23, 1960; John J. Carroll, Town Engineer, to be recorded herewith As the consideration is lees than $100.00 no United States or Massachusetts Documentary stamps are required There has been full compliance with the provisions of Section 63A of Chapter )l4 of the General Laws as in- serted by Chapter 247 of the Acts of 1955. IN WITNESS WHEREOF the name of the Town of Lexington has been hereto affixed and this instrument has been ex- ecuted in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 19th day of December, 1960 . TOWN OF LEXINGTON By/s/ Lincoln P. Cole , Jr. Norman J. Richards Alan G. Adams Gardner C . Ferguson Majority of the Board of Selectmen Countersigned: /s/ James J. Car-oll Town Treasurer I 274 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . December 19, 1960 Then personally appeared Alan G. Adams, Lincoln P. Cole , Jr. , Gardner C . Fettguson and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and ac$nowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires: November 21, 1964 The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen, for consideration paid, releases to Salvador Cassella and Pauline Cassella, husband and wife , as tenants by the entirety, both of said Lexington, all its right , title and interest, if any, in and to a certain triangular parcel of land situated on Reed Street in said Lexington, as altered, relocated and laid out by said Town and shown on plan entitled "Plan Of Reed St. Lexington, Mass.", dated January 12, 1960, John J. Carroll, Town Engineer, recorded in Middlesex South District Registry of Deeds as plan No. 57L1. of 1960, Book 9583, Page 330, said parcel being bounded and described as follows : SOUTHWES'i' iLY by the northeasterly side line of said Reed Street, seventy-three and 82/100 (73.82) feet; NORTHWESTERLY by parcel "3" on plan hereinafter mentioned, thirteen and 23/100 (13 .23) feet; and NORTHEASTERLY by land of the grantees, seventy-five and 00/100 (75.00) feet . Said parcel of land is shown as "Parcel 'A' "on plan entitled "Plan Of Parcels Of Land On Reed Street Lexington, Mass.", dated February 23 , 1960, John J. Carroll, Town Engineer, to be recorded herewith. 275 As the consideration is less than $100 .00 no United States or Massachusetts documentary stamps are required There has been full compliance with the provisions of Section 63A of Chapter 44 of the General Laws as in- serted by Chapter 247 of the Acts of 1955. IN WITNESS WHEREOF the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 19th day of December, 1960 . TOWN OF LEXINGTON By /s/ Lincoln P. Cole , Jr. /s/Norman J. Richaras Alan G. Adams Gardner C . Ferguson Majority of the Board of Selectmen Countersigned: /s/ James J. Carroll Town Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . December 19, 1960 Then personally appeared Alan G. Adams , Lincoln P. Cole , Jr. , Gardner C . Ferguson and Norman J. Richards , known to me to be a majority of theduly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Executive Clerk My commission expires November 21, 1964 276 Irmo Mr. Stevens said that it is getting close to the end of the year and it would seem as though it would be the proper time to further extend the date of the Extension termination of the contract with the Air Force . He of time explained that it appears now as though Bond Counsel terr-ination will not be satisfied without an Act of the Legislature . water Both Mr.Stevens and Mr . Carroll recommended extending contract the tint to March 1, 1961 Upon motion duly made and seconded, it was voted to extend until March 1, 1961 the time for terminating the water service contract with the United States, Contract No. AF 19 (604) - 781, dated May 7, 1954. Letter was received from Mr . Stevens advising that he had Mr Hill place liability coverage and bind the fire insurance in the amount of $15,000 on the Hagerty property, 6 Lincoln Street . Mr. Stevens stated that the Taking Order signed Insurance by the Board last week was recorded Wednesday and Hagerty inasmuch as the Town thereby acquired title , he had property Mr. Hill place the insurance . He said the Board should decide whether or not that was all right be- cause the house will be demolished unless the Town finds a buyer who will remove it . Mrs. Hagerty' s son told Mr. Snow that an interested buyer would move it . Mr. Stevens stated that the house has not been appraised. Mrs. Hagerty was willing to have someone appraise the house but she had to go to her daughter' s and will contact Mr. Snow on her return. Mr. Ferguson asked why the property was insured if the house is to be demolished . Mr. Stevens replied that after an appraisal has been made , the Board may decide it does not want the insurance He said Mrs . Hagerty will be 1ivd�ag, there until next summer and there is the possibility of a fire . It was agreed to leave the amount of insurance coverage at $15,000 for the present time Mr. Stevens reported teat he has a form of agree- Trani ment, relative to the Trani building at 1775 Massa- building chusetts Avenue , that he is going to give to Mr. Tropeano, his attorney, tomorrow Mr. Stevens reported that he is filing a brief on the Atlantic Refining case He stated that the Atlantic motion was allowed last week and he has Wilbur Jaquith Refining working on the brief. He said that the other communities case will share the cost and the case will be heard in January. 1 277 The Chairman referred to Mr. Ballard' s complaint about the number of roomers at 6 Raymond Street . Mr. Stevens reported that he had suggested that Mr. Irwin go over and find out who is in there so the Zoning Bard would know definitely. He said the next step complaint would be to write a letter to them and to Mrs. Coleman that he has found a violation and given them two weeks to terminate . He said it would them just have to go to court. Mr Irwin is going to investigate it . The Selectmen' s Meeting adjourned at 7:58 P.M. at which time the Bo2rd left to attend the Special Town Meeting. The Board reconvened at 8:40 P.M. Mr. Carroll informed the Board that he needed ad- ditional funds for snow removal to pay bills committed through last Saturday and that more money may be needed depending on the weather . Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $6500 from the Reserve Fund to the Snow Removal Account, and to advise the Committee that additional funds may be needed in the event of a major snow storm before the end of the year. Mr. Carroll said that the Traffic Study Committee had been discussing Mr. James E. Barrett' s letter, Traffic relative to the intersection of Woburn Street and Massa- chusetts Avenue earlier in the evening. He explained to Mr. Barrett what the Committee is planning to do so he cancelled his appointment with the Board. Letter was received from the County Commissioners relative to the 1960 budget and advising that Lexington' s allotment will not be completely assigned this year. Mr. Carroll explained that the unassigned amount Chapter 90 of $8,500 was supposed to be used on Concord Avenue, but in 1959, the Board voted not to go ahead with that project because there was not enough money to go from Blossom Street to Waltham Street and the MDC was going to install a water main. He explained that to make certain the Town receives the $8,500, a letter will have to he sent to the Commissioners . Upon motion duly made and seconded, it was voted to request the County Commissioners to include an additional amount of $8,500 in the C ommiesioners' budget for 1961 to assure Lexington that it will not be deprived of that amount for anticipated highway construction. 278 1-4 Mr . Adams brought up the subject of business establishments dumping snow on sidewalks and said he thought the condition could be controlled by a by-law. Mr. Ferguson said he would be in favor of such a by-law and it was agreed to include an article in the Warrant for the 1961 Annual Town Meeting. Mr. Carroll asked if the Board wanted him to con- tinue to lift snow from the small business areas . Mr. Ferguson asked if the snow was just cleared Snow removal to the curbing so pedestrians could get by and Mr. Carroll replied that usually it is cleared to the property line The Board felt that the sideVelk on Woburn Street should be plowed and the Chairman asked him to look at the sidewalk on Forest Street. The Chairman read a letter from Kenneth M. Smith asking the Board to reconsider the possibility of put- ting a gate in the fence at the municipal parking area between Muzzey and Waltham Streets Mr. Carroll explained that snow in the parking lots was not lifted after the recent storm and it was ^ntrance to pushed over the fence . He said it was cleared after parking area Mr. Smith called him about ire days after the storm The subject was considered by the Board and it was agreed that there is no justification for changing its previous decision and the request for a gate was denied. Mr. Carroll retired at 9:20 P.M. The Chief of Police met with the Board The Chairman explained that she tho .ght it would be advantageous for the Board to go over the Police Department budget before discussing it with the Ap- 43ropriation Committee later in the evening Letter was received from the Standing School Wire Building Committee with reference to the inspection Inspection of the wiring at the William Diamond Junior High School and stated that the combination of functions whereby the wiring was done by the same individual who acted as foreman for the sub-contractor was not known by the Committee . .. Application was received from the Rotary Club Cary Hall for permission to conduct a Penny Sale In Cary Hall on March 18, 1961 from 6:00 P.M until midnight . Upon motion duly made and seconded, it was voted to grant the use of the hall but to find out if the hall can be cleared and ready for the Town Meeting on the following Monday. * The Chief retired at 10:12 P.M. 279 Report was received from Mr. Irwin, Building In- spector, relative to complaint from Mr. Hanson about Mahoney Brothers, 927 Massachusetts Avenue . Complaint Mr. Ferguson suggested, and it was agreed, that if it cannot be explained to Mr. Hanson what is being done to his satisfaction, an appointment is to be made for him to meet with the Board. Mr. Ferguson stated that a meeting of the Traffic Study Committee had been held and reported as follows: 1 . ) James E. Barrett, 29 Sherman Street , letter re Mass Avenue , Woburn Street . Traffic The committee is going to arrange to have some traffic counts made and have the State traffic expert make some suggestions and re- commendations 2 ) Petition re Baker Avenue and Peacock Farm Road. The committee can' t understand who would be using these streets except the people who 111 live on them. As soon as the weathet per- mits, traffic checks will be made to see what can be done . 3 . ) Petition re newly posted "No Parking" signs on Marrett Road - 312, 314, and 316. These signs were erected by the State . When parking was permitted, it forced the cars over the white line and the State said that could not be done . 4. ) Vine Brook Road. "Go Slow" children signs to be painted when weather permits 5. ) Christian Science Church may erect "No Parking" signs when having a service . Town Offices Upon motion duly made and seconded, it was voted to close the Town Office Building for the Christmas Holiday weekend on Friday, December 23, 1960, at 1:00P.M. Upon motion duly made and seconded, it was voted to hold a regular meeting of the Board on Tuesday, Selectmen' s December 27, 1960, at 7:30 P. M., and also to hold a Meeting regular meeting on Tuesday, January 3, 1961, at 7:30 P.M. 980 Upon motion duly made and seconded, it was voted to grant the following licenses : Meredith Foods Inc . 321 Woburn St Common Victualler Woodhaven Country Store 42L+ Marrett Rd. " Countryside Pharmacy" 317 Woburn St . tt u Licenses Hancock Market 6 N. Hancock St. " n Licenses Regent Delicatessen 1729 Mass . Ave Village Variety Store 93 Mass . Avenue " a Corner Variety Store 856 Mass . Ave . Sunday Sales Auto Engineering, Inc . 436 Marrett Rd 1st Class Agt . renw' l . Manhattan Restaurant 45 Waltham St . Common Victualler Trinity Pharmacy 162 Bedford St . " " The 1775 House ,Inc 130 Pleasant St. Battle Green Inn, Inc 1720 Mass . Ave . Innholder Lexington Inn, Inc . 727 Marrett Rd Report was received from Mr. Irwin, Building In- spector, relative to signs maintained by establishments Ncn-conform- from which applications have been received for renewal ing signs of Common Victualler and Innkeeper licenses . It was agreed to advise Mr. Irwin that the non- conforming signs should be called to the attention of the individuals maintaining them and inasmuch as the enforcement of the Sign By-Law comes under his jurisdiction, it is his obligation to write the people involved. Upon motion duly made and seconded, it was voted Warrant to close the Warrant for the 1961 Annual Town Meeting on January 9, 1961 Appointment to the Board of Assessors was held over The meeting adjourned at 11:25 P.M. A true record, Attest: _24 //// ec4zti Clerk, Sete Stmen t ! 1 28 SRLECTMEN' S METING December 27, 1960 A regular meeting of the Board of Selectmen was held in the Town Accountant 's Office , Town Office Building, on Tuesday, December 27, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams and Richards were pre- sent Mr. Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and the Executive Clerk were also present . Mr Cole arrived at 8:35 P.M. Mr . James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Raymond Juror Wexler, 7 Dewey Road, was drawn for jury duty. Mr. Carroll retired. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on December 19, 1960 . The Chairman read a letter from Mr Irwin, Build- ing Inspector, relative to a letter he sent out to those individuals found selling Christmas trees and Sale of decorations in residential areas. Christmas The Board requested a li t of the people to whom trees Mr . Irwin sent the letters and suggested that a copy of the list be sent to the Board of Appeals . Mr. John Carroll' s letter reSewerage Contract AF 19 (604) - 716 was held over until the next meeting Contract of the Board. Mr. Carroll explained that he included an amount in his budget this year for the installation of a re- mote transmitter system in the three small pumping stations . He wants an alarm system in Patterson Road, Constitution Road and one at the corner of Byron and Lockwood Roads. He had Whitman & Howard draw up specifications on an alarm system and invited bids from Controller Service & Sales Co., the New England Pump and Machinery Company, and the Hosmer R. Kimball Company. He said two of the firms had too many com- mitments and were not interested in bidding . He dis- cussed the subject with Mr. Stevens who said that as long as bids were invited from people who would and could normally dodthe work, it was all right . C7 1.3 Mr. Carroll said that he estimated $1800 and the bid he received from Hosmer Kimball was $1609. Mr. Richards asked when the system would be com- pleted and Mr. Carroll replied February 3, 1961. He explained that there would be a control switch on each station which will register high water in each station. Upon motion duly made and seconded, it was voted to accept the bid of $1609 submitted by Hosmer R. Kimball . Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Sewer Pleasant Street beginning at a point about 70 feet Orders from the northerly side line of the Cambridge-Concord Highway and running 210 feet northeasterly. Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Pleasant Street 200 feet, more or less, along the southerly and westerly lot lines of Lot B 1 Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Watertown Street, beginning at a point about 150 feet from the northerly side line of Crescent Road and run- ning 300 feet, more or less, northeasterly. Mr. Stevens explained that it is necessary to ex- tend further the extension of time for passing papers with the Trustees of the Tower Estate . He explained sxt of that the plan was made available last week. Before it time can be acted upon by the Land Court, it requires the allowance of a petition in the Land Court to amend earlier plans and pertinent papers had gone to New York for signatures. It is therefore necessary to extend the time to January 31, 1961 Upon motion duly made and seconded, it was voted to extend the time for delivery of the deed and payment for a certain parcel of lanr to be acquired from the Trustees of the Tower Trust to January 31, 1961. Appl1ation for a Yearly Dump Permit was received from Bertram Gerson, d.b.a. D & 0 Box Co. , 63 Woburn Street, Medford, the truck garaged at 20 Maple Street , Lexington. Dump Mr. Stevens reported that Mr . Irwin plans to permit file a complaint in the District Court this week because of the business being conducted at Maple St,•eet, and is working with the Chief of the Fire Department on what is a potential fire hazard The application for a Yearly Dump Permit was not approved. 283 The Chairman read a letter from Mr . Irwin, Build- ing Inspector, with reference to the property at 6 Raymond Street . As the result of an investigation, it Zoning is his opinion that the owner of the property, Mrs. violation Coleman, is in violation of the Zoning By-Law. He will notify her of the violation and the information obtained forwarded to Town Counsel for further appropriate action Copies of proposed Wiring Regulations drafted by Wiring the Chairman were taken by Mr. Stevens and other members regulations of the Board to read. Mr. Stevens retired at 9 10 P.V. The Chairman read a letter from Mr. Converse Hill of Brewer & Lord, advising that W. S. Cooledge , treasurer of the firm of W. S. Cooledge Co. , resides at 504 Waltham Insurance Street. Mr. Cooledge is not listed in the telephone book but is listed in the persons 20 years and over published by the Town Clerk. Copy of letter from the Fire Commissioners to Mary J. OtBrien relative to controversy over emergency doctor Emergency calls was read by the Chairman. It was suggested that answering the Commmistioners send a copy of the letter to the Board service of Health. Mr. Adams reported that the ambulance is aY2n Uses of being used for cases that are not emergencies . It ambulance was agreed to advise the doctors that the ambulance is to be used for emergencies only. Letter was received from George A. Criser, Lieutenant Colonel , USAF, requesting permission to install a 35-foot class 3 d lectrical service pole at the west side of Marrett Road at the junction of Massa- Service Pole chusetts Avenue . The pole will be utilized to provide service to illuminate the existing Hanscom Field sign at the same location. Mr. Carroll reported that he looked at the pro- posed location today and it is not a Totn way but the access road which is a State road. Upon motion duly made and seconded, it was voted to advise Colonel Criser that theBoard has no objection to the pole and call his attention to the Sign By-Law. Further consideration was given to requests for deferment of water betterment assessments receted from James B. Sherman, 14 Ridge Road and John Waselec, 23 Ridge Road. 284 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 water better- ment assessment in the amount of $ 202.50 levied against Lot B (East side) , Ridge Road, owned by John Waselec, Deferred without interest, until said land or any part thereof betterment is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said Lot B (East side ) or any part thereof. 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 water better- ment assessment in the mount of 4667.50 levied against Deferred Lot B (West side ) Ridge Road, owned by James pt and betterment Margaret B. Sherman, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, that this extension of time shall terminate immediately if the facilities of the water main are used for said Lot B (West side ) or any part thereof. 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 water better- ment assessment in the amount of 420 levied against Deferred Lot C (West side ) , Ridge Road, owned by James R. and betterment Margaret B. Sherman, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said Lot C , (West side ) or any part thereof. Further consideration was given to letter from Carmine Massimilla, 102 Lowell Street, relative to an open ditch on his property. Mr. Carroll presented a sketch of the property Drainage involved, and insofar as the Board was able to deter- mine, this is a natural waterway, and it was agreed to advise Mr. Massimilla that the Town cannot enter on private property. Letter was received from Mrs . Kathleen Williams, 586 Concord Turnpike , relative to accidents at the intersection of Concord Avenue and Route 2. 285 The Board agreed that until such time as Route 2 is rebu; lt, there is no action that can be taken. Mr. Adams brought up the subject of the Town thawing out frozen water services and said he thought this was a service for which people should be charged. Mr. Carroll said that he had received approxi- Water mately ten calls this year but he disagreed with Mr. services Adams . He said he thought this was one service for which the people shoule not be charged. Mr. Carroll retired at 10 10 P.M. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation application on Cert of Inc behalf of Felix V. Cutler and Parker C . Reed, satis- factory character references having been received from the Chief of Police . Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation application on Cert . of Inc. behalf of John B. Butler, satisfactory character reference having been received from the Chief of Police . Upon motion duly made and seconded, it was voted Licenses to grant the following licenses: Howard D. Johnson Co. Route 128 Common Victualler (renewal) Five Forks Spa ,286 Lincoln St. Early Bird Donut Inc . 399 Lowell St. Sidney B. Heywood 271 Marrett Rd. Mary D. Guarino 271 Lincoln St. Douglas E. Hogan 12 Vaille Ave . Taxi Driver William Thomas Whiting Woburn The Clerk was instructed to forward the names to the Building Inspector with the request that he check the signs maintained by the establishments to determine whether or not they are conforming. The Chairman reported that the Planning Board would like to discuss plans for its office for next year, and it was agreed toarrange a tentative meeting Planning for Saturday morning, January 7. It was also agreed to Board discuss budgets the same morning . The Chairman reminded the Board that the Appro- priation Committee had scheduled a meeting with the Board for Januay 9, 1961 to dicuss public services budgets, and she suggested that the meeting be changed for the following week, January 16. 2'J6 A draft of the Selectmen' s Annual Rekport for Selectmen' s 1960 was given to each member of the Board, to be Report considered further at the next meeting . Wiring A draft of the wiring regulations was also given Regulations to each member of the Board The meeting adjourned at 11:20 P.M. A true record, Attest : exec tive/Cler , Select en