HomeMy WebLinkAbout1963 88 .
SELECTMEN'S MEETING '
January 2, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Wednesday, January 2, 1963, at 7:30 P.M. Chairman
Adams , Messrs . Cab, Richards, Brown and Burnell were
present. Mr. Legro, Town Counsel, and Miss Murray,
Executive Clerk, were also present.
Miss Mary R. McDonough, Assistant Town Clerk,
Jurors met with the Board for the drawing of two jurors.
The Following individuals were drawn for jury duty:
Gerald L. Landau, 65 Turning Mill Road, and Joseph C.
Basso, Jr. , 1932 Massachusetts Avenue .
Miss McDonough retired.
Mr. Legro referred to an accident that occurred
on December 13, 1962, north of Grove Street on Route
128, involving a police cruiser, and reported that
the estimated damages to the other car involved is
$266.30. He stated that the report indicated no
Claim claim for personal injuries. Officer Forten has
been over the car and found only one small item that
is even questionable . Mr.Legro said he has a letter
to the Chief in which Officer Fcrten states the esti-
mate to be 'air and accurate Mr. Legro advised
settlement and said he would obtain the necessary release.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to settle the claim in the amount
of $266.30
Upon motion duly made and seconded, it was voted
in
March
to close the Warrant for the Annual Town Meeting
Warrant
March on January 21, 1963.
At 8:10 P.M , Messrs. Logan Clarke and John
Blaisdell, of the Appropriation Committee, met with
the Board.
Following a general discussion pertaining to
appropriations for 1963, withparticular reference to
the Clastfication and Compensation Plan adopted by the
Board of Selectmen on November 26, 1962, Messrs . Clarke,
Blaisdell and Legro retired at 9:35 P.M.
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board, and said the first thing he was concerned
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about is the classification having to do with the Clerk
in the Civil Defense office. He stated tact the position
originally came through as a Junior Clerk and he requested
a review and did review it with Mr. Evans. He received
a notice from the board last week that it had been dis-
approved. He said he discussed this with Mr. Evans who
told him he would recommend no changes in the salary for
two years . He suggested that the board look at the Junior
Clerk position and read the description prepared by the
Charles M. Evans Associates He said the description
does not seem to fit the position.
The Chairman asked if Mr. Burrell wanted to go to
the Senior Clerk, and he replied that there are Senior
Clerks, Senior Account Clerks and Senior Clerk Stenogra
phers which are all very similar. He said the description
that most fits this position is the Senior Clerk Stenogra-
pher.
Mr. Burnell said the thought he had in mind was that
the girl would carry great responsibility in the office
because Mr. Burrell would not be there all the time.
Mr. Burrell said she is getting $3380 now.
Mr. Cole said his understanding of the situation
was the same as Mr. Burnell' s .
The Chairman asked if Mr. Burrell was suggesting
S-3 or S-2, and he replied that he was suggesting that
the Senior Clerk Stenographer is the job description
which is what the girl is actually doing.
Mr. Burnell said he thought this job could be classi-
fied as a Senior Clerk.
Mr. Brown said he would go along with S-3.
The Chairman said he thought theBoard should discuss
the subject with Mr. Evans.
Mr. Richards said he would go along with Senior
Clerk, S-3.
Mr. Cole said he would go along with S-3 and review
in six months.
The Chairman said he would contact Mr. Evans .
Mr. Burrell referred to the Civil Defense Auxiliary
Police and said he thought the Board should decide
whether there is to be a Civil Defense Auxiliary Police
force or not . He said t_ieae is a substantial list of
people appointed every year, many of whom are Civil De-
fense Special Police, and there are quite a few who are
in their seventies , holdovers from World War II. He
said about sixteen men have been equipped with uniforms
and to his knowledge they have had no training. He said
he questioned whether it is fair to theseeo le to carry
p
them in this capacity without giving them any training.
He said the auxiliary police should have regular training
or be abandoned.
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The Chairman asked if the subject had been dis-
cussed with the Chief, and Mr. Burrell replied he feels
the Chief is very reluctant.
Mr. Burnell said the Board should contact the Chief
abdget his thinking on the subject.
The Chairman said the Chief is not in favor and
the entire Police Department feels the same way 100%.
The Chairman said if there is going to be an
Auxiliary Police Force, it would be by order, and Mr.
Burnell said he would not want to do it by order, but
the Board could order the Chief.
Mr. Burrell recommended that the Board establish
a nucleus of thirty or thirty-five auxiliary police
and use them for church traffic duty and other situations.
The Chairman explained that is wh re they will be
doing regular traffic duty and he thought the only
answer was to talk with the Chief. It was agreed to
invite the Dhief to meet with the Board on Monday,
January ]4.
Mr. Burrell said the item in his budget that con-
cerns him is the item for shelters, and he has included
the sum of $12,000.
Mr. Richards recalled that it was decided this
should be a separate article.
Mr. Burrell said the only other item he had was
the budget, and the Chairman said the Board would be
meeting Saturday mornings on budgets and would let him
know when the schedule has been made.
Mr. Burrell retired at 10:30 P.M.
Messrs. Fitzgerald and Whitney, Board of Fire
Commissioners, met with the Board to discuss the posi-
tions of fire alarm man and mechanic .
Mr. Fitzgerald said they could fairly justify
the fire alarm man and have agreed, more or leas tempo-
rarily, they should remain on the same category they
have been. Mr Cupp will do the fire alarm work.
He said the only thing the Commissioners want to do
and have to do is to purchase the necessary supplies
and tools. He said they may need $300 or $L00 to set
up the supplies.
Mr. Fitzgerald said he has discussed the duties
of the mechanic with the Chief, and asked him about
a mechanic coming in five days a week, not a fire
fighter, but a full-time mechanic, who would be re-
sponsible for all repairs. He said the department
is now operating with three different men doing repairs,
etc . , and the situation has developed where the men
leave the work for the others .
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The Chairman asked about salary and Mr.Fitgerald
said they had discussed tht with Mr.Evans and the ;gan
should go on an hourly mechanic rate or what a fire
fighter receives . He said this Mechanic would also
respond to secondary alarms to supervise the apparatus
at the fire. The Chief would order him to the house
or to the fire. He said he thought there was enough
work for a full-time mechanic.
The Chairman asked if tilt. Commissioners intended
to iholude funds for this man in the 1963 budget, and
Mr. Fitzgerald replied that he would include dt in
Personal Services.
Mr . Brown said he raised the question last week
as to whether or not this would create some problems.
The Chairman asked if this man would be just a
mechanic and Mr. Whitney replied that he could be made
a fire fighter and a full-time mechanic .
Mr. Fitzgerald said they were not looking for a
straight mechanic . The man should u dderstand, pumps.
Mr. Burnell asked if the Commissioners now had a
man in the department who understood pumps.
Mr. Fitzgerald replied in the affirmative and said
Mr. Sorenson understood pumps.
Mr. Burnell asked if it wasn' t up to supervision to
see that the jobs are done and if a truck needs to be
cared for that some man is assigned to the work
Mr . Fitzgerald said if Mr.Sorenson is assigned
to greasing a truck, there are many fittings up in the
back of .,he pump that are hard to get at, and unless
the Chief gets underneath the wheel, he will never know
if they have been lubricated.
Mr. Burnell said he wanted to know if a mechanic
were needed or if there is some other way to do this
without costing the Town money.
The Chairman said the Board would discuss the
subject.
The Commissioners retired at 10:50 P.M.
Letter from the School Committee relative to
burglary and/or theft insurance was held over. Insurance
Upon motion duly made and seconded, it was voted
to amend the Traffic Rul .s and Orders (Off-Street
parking areas) as follows:
AMENDMENT TO THE TRAFFIC RULES AND ORDERS, TOWN
OF LEXINGTOI , ADOPTED BY THE BOARD OF SELECTMEN
January 2, 1963
(Off-street p• rking areas)
VOTED: That the Traffic Rules and Orders of the Town of
Lexington adopted by the board of Selectmen and
subsequent amendments thereto be and are hereby
further amended as follows
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By adding the words: "or Municipal Off-Street
Parking area" in Article I in the following definitions
(y) Parking Meter - line 4 after the word 'way' .
(z) Parking Meter Zone - line 2 after the worli 'thereof' .
By adding at the end of Article V, Section 9,
the following new subsection:
(b) No person shall park a vehicle for a period of
time longer than two hours between the hours of
8:00 A.M. and 6:00 P.M. of any day on any of the
Municipal Off-Street Parking Areas hereinafter
designated or as may hereafter be designated by
amendment except that on Faidays the limited parking
shall apply between the hours of 8:00 A.M. and 9:00 P.M.
This restriction shall not apply on Sundays or duaing
the hours of legal holidays during which business
establishments are required by law to remain closed.
In accordance with the foregoing, parking meter
zones are hereby established in the following Municipal
Off-Street Parking Areas :
Muzzey-Waltham Street Off-Street Parking Area
Edison Way Off-Street P::rking Area
By adding in Article V, Section 9A, at the end
of the first sentence, the following:
"and except where angle parking is allowed."
By adding in Article V, Section 9D at the end
of the second paragraph the following
"except in Municipal Off-Street Parking Areas where
the fee for the maximum parking period shall be ten
cents or one cent for each proportionate period
thereof as shown on the meter."
Date of Passage January 2, 1963
Norman J. Richards
Selectmen
Lincoln P. Cole, Jr.
of
Otis S. Brown, Jr.
Lexington '
Levi G. Burnell
Attest :
Town Clerk
eel
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on December 27, 1962.
Appointment to the Board of Fire Commissioners
to replace Mr. Roeder was held over Appointment
Upon motion duly made and seconded, it was voted
to appoint Mr. Edward J. Gildea, 5 Castle Road, a
member of the Board of Assessors for a three-year
term expiring January 1, 1966.
Upon motion duly made and seconded, it was voted
to appoint Mr. Edward T Martin, 13 Shrburne Road,
Mr. Nathan B. Ricker, 59 Forest Street, Associate Appointments
Members of the Board of Appeals for unexpired terms
ending March 31, 1963, to fill the vacancies caused
by the appointment of Mr. Wadsworth and Mr. Abbott
as regular members of the Board.
Appointment of two Associate Members to the
Historic Districts Commission was held over. Appointments
Letter was received from the Board of Health
II with reference to Chapter 608 of the Acts of 1961, Health Budge
an "Act Providing For Reorganization of Tuberculosis
Care, Treatment and Control in the Commonwealth".
It was agreed to go along with the sum of $1200
included in the Board of Health budget for 1963
Letter was received from Harvey W. Newgent rela-
tive to changing the Center of Lexington near the
Battle Green Lexington
It was agreed to advise Mr. Newgent that the Center
Board does not feel that a plan of this nature , which
would involve the Planning Board and the votes of the
citizens , can be submitted under the present information.
Form letter from the United Cerebral Palsy rela-
tive to a proclamation pertaining to Cerebral Palsy Proclamation
Month was noted and placed on file.
Upon motion duly made and seconded, it was voted
to grant the Lexington Firemen's Relief Association
permission to conduct a Record Hop in Cary Memorial Use of hall
Hall on January 19, 1963, subject to arrangements being
made with the Chief of Police for whatever police cover-
age he deems necessary.
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Upon motion duly made and seconded, it was voted
to grant the following licenses:
Bellino's All American Coffee Shop Common Victualler
Early Bird Donut Inc. " "
Isabel M. Kitson Public Carriage
Isabial M. Kitson Taxi Driver
Mark C.Aldrich
Joseph A. Costa « n
Lee B. Danzey, Jr.
Herman E. Kilpatrick TM "
Edward S. Lenhoff IT It
Stephen M. Nawoichik e n
Charles M. Sanborn " "
Richard E. Spiers
Charles L. Sturdevant
Ernest F. White Vr ft
Upon motion duly made and seconded, it was voted
to meet on Saturday, January 5, 1963, at 9:30 A.M. , to
consider budgets for 1963.
The meeting adjourned at 11:40 P.M.
A true record, Attest I
w �
'Eked Jerk, Seleetm n
CCA
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SELECTMEN'S MEETING
January 5, 1963
A special meeting of the board of Selectmen was
held inthe Selectmen 's Room, Town Office Building,
on Saturday, January 5, 1963, at 9:30 A.M. for the
purpose of discussing budgets Chairman Adams,
Messrs. Richards, Cole, Burnell and Brown were present
Mr. Charles M. Evans and Miss Murray were also present .
Mr. Evans referred to the classification requested
by the Fire Commissioners for a Fire Alarm Man and
Mechanic and reported that he advised the Commissioners Fire Depart-
he could see no justification for extra compensation. ment Classi-
He said if the Commissioners wanted to set up a civilian fication
mechanic, he would recommend the same rate as that in
the Public Works Department unless the Commissioners
could convince him otherwise.
Upon motion duly made and seconded, it was voted
to hold the classifications of Fire Alarm Man and
Mechanic in abeyance.
Mr. Evans reported that Mr. Carroll had requested
establishment of an additional engineering classifi- Engineering
cation. He advised that, as an operating principle, classifi-
it was better not to classify a position until it has cation
been created.
Upon motion duly made and seconded, it was voted
to hold the additional engineering classification in
abeyance.
Mr. Burrell's request for reclassification of the
Clerk in the Civil Defense Department was considered
further.
Mr. Evans advised that if it is demonstrated that Civil Defenm
the clerk is doing what the Director thinks she should, Clerk
the situation can be reviewdd at the and of three months .
Mrs. Ethel U. hich, Collector of Taxes, met with
the Board, and advised that she was requesting a yearly
salary of $7500. According to Mr. Evans ' recommendation,
the rate is $7210. , and Mrs . Rich said she would not in-
sist upon $7500 Collector's
Mrs. .Mich retired and the Board approved $3,475.00 budget
Collector ' s Expenses and $7,300.00 Collector's Metered
Mail.
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Mr
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Mr. James Collins, Welfare Agent, met with the
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Board and budgets submitted by Mr Collins were approved
as follows:
Personal Services $ 8,027.50
Administration 625.00
Aid & Expenses 11,000.00
Disability Assistance 6,200.00
Aid to Dependent Children 4,000.00
Old Age Assistance 23,850.00
Medical Assistance to the
Aged 45,000.00
Mr. Collins retired and Messrs. Grindle, Meyer
and Fowler of the Planning board, met with the Board.
Planning Mr. Grindle submitted budgets sheets for Per-
Board budget sonal Services totaling $13,464.40. The item for
a new Planning Director was reduced from $6,000 to
$5, 925, and the item for Secretary was reduced from
$3,942.00 to $3,713. The amount of $1500 was taken
from the Expenses budget and transferred to Selectmen 's
Expenses.
The members of the Planning Board retired and
Mr. Gail W. Smith, Chairman of the Cemetery Com-
missioners, and Mr. Healy, Superintendent, met with
the Board.
Cemetery Mr. Healy reported that the Clerk will work
budget twenty-four hours a week instead of twenty hours,
as of January 1. The Expense budget was approved
as submitted in the amount of $37,730.98.
Mr. Smith retired.
The budget for Veterans ' Benefits - Administration,
was approved, as submitted, in the amount of $350;
Veterans' Benefits - Graves Registration - appvoved as
submitted, in the amount of $300, and Veterans Benefits -
Soldiers ' Burials approved, as submitted, in the amount
of $250; Veterans ' Benefits approved, as submitted, in
the amount of $10,000
Mr. Healy retired.
Messrs. Fitzgerald and Whitney, Fire Commissioners,
met with the Board.
Fire Depart- The Fire Department Expenses budget was approved,
ment budgets as submitted, in the amount of $31,310; Ambulance
Maintenance approved, as submitted, in the amount of
$650 and Forest Fires approved, as submitted, in the
amount of $500.
The meeting adjourned at 12:30 P M. 11
A true record, Attest:
Executive Clerk, Selectmen
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Selectmen ' s Meeting
January 7, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, January 7, 1963, at 7:30 P.M. Chairman
Adams, Messrs . Richards, Cole, Burnell and Brown were
present. Mr Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Hearing was declared open upon petition of the
Boston Edison Company and the New 'ngland Telephone
and Telegraph Company fcr permisssion to locate a guy
wire and anchor on Dane Road.
Mr. Serverson, representing the Boston Edison
Company, and Mr. Mercurio, 27 Dane Road, were present
at the hearing
Notice of the hearing was mailed to the peti-
tioners, owners of the property as listed on the Guy wire
petitioners ' plan and also filed wi ,h the Super- and anchor
intendent of Public Works
Mr. Serverson explained that the line goes down
Dane Road and instead of being upright has a list to
it .
Mr. Mercurio agreed anc said that something should
be done about it
The Chairman asked if Mr. Mercurio had any ob-
jection to the proposed location, and he replied in
the negative.
The hearing was declared closed and Mr. Serverson
and Mr. Mercurio retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing guy wire and anchor location:
Dane Road, from a pole located on southwesterly
Bide, approximately 169 feet northwest of
Sherburne Road, --
One guy wire and anchor.
Mr. Carroll said he wanted to bring up the pos-
sible acquisition of a piece of land out near Grant Parking
Place which will be needed in order to construct the area
addition to the parking lot . He said if the Board
does not want to include this as an article for the
Annual Town Meeting, the subject should be discussed
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with Mr. Buckley. He explained that the problem is
the fact that Mr. Buckley's property is in the middle
of Grant Place. He suggested that if the Town is go-
ing to do anything with this piece of land the Town
owns, someone should start negotiating with Mr. Buckley
to find out how much he wants for the land and perhaps
have an appraisal made .
The Board agreed to go ahead
Mr. Carroll presented each member of the Board
with a letter with reference to his 1963 budget which
Article calls for the Town to seriously consider municipal or
contract garbage and rubbish backyard collection in
1964.
Mr. Legro reported that Mr. White, Town Accountant,
called him about his budget and he said he did not think
this is the time to make a change.
The Chairman suggested that Mr. Legro submit his
Budget budget as he sees it.
Mr. Legro said the salary and special fees are out
of balance with each other.
The Chairman suggested that Mr. Legro submit re-
commendations to the Board.
The Chairman read a letter from Carmine N. Ciriello,
L Stedman Road, relative to thG status of Stedman Road
Utility poles and relocation of two utility poles.
Stedman Road Mr. Carroll explained that he had given the Board
the wrong information. He said he would look this up
and write Mr. Ciriello.
The Chairman read a letter from James P. Dunne,
District Highway Engineer, relative to a potential
Traffic hazard at Route 2A, Marrett Road.
Mr. Dunne advised that the department has recog-
Traffic nized the condition and is hopeful that the project
for improving sight distance, alignment and traffic
safety on this section of road can be expedited to take
care of what might otherwise become a traffic hazard
Letter was received from the State Department of
Appropria Natural Resources relative to 1963 appropriations for
ations Insect Pest Control and Dutch Elm Disease Control.
At 8:15 P.M. , Chief John W . Rycroft met with the
Board.
The Chairman explained the major reason the Board
asked him to come in was because it had a conference
with the Director of Civil Defense who feels the Auxili-
ary Police Force should be trained according to Civil
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Defense standards or it should be abandoned.
Chief Rycroft said tht was one mants opinion Auxiliary
and asked how the Board felt about it. Police
The Chairman explained that before making a de-
cision, the Board wanted to discuss the subject with
the Chief. He said the Board wanted to follow, as
far as it can, the procedures recommended by the Civil
Defense Department .
Chief Rycroft said since 19L11 the Town has had
very good service and it was their say so and not his ,
when it was found out he was losing men because of
attending meetings. He explained that there was a
special meeting, at which time attending meetings was
put to a vote. The men said they would come any time
the chief wanted them, but they would not attend meet-
ings/ He said there are many old people on the list
who he wished would not come out, but they do . He
said that no damage has been done in Town for several
years. He said he attended a meeting at which Civil
Defense had experts present and he said at that meeting,
and would repeat, directing every car north if there was
a warning, could not be done. He told the group to
definitely forget all about the flow of traffic
Chief Rycroft said Lhe Director wants him to teach
the men what law is but he does not want to teach any
law in case som,one gets into trouble. He said suit
could be filed for false arrest .
The Chairman said following the vote last year
there was in effect no Civil Defense Department Mr.
Burrell came back and the Board feels where the Town
had voted for Civil Defense, it should set up an
organization at least on a standby basis . He said
the Board agreed to cooperate to the extent of a standby
force with training for natural disasters. He said
the Board wants the Civil Defense group kept active .
Chief Rycroft said standby is what the Board has
now . He asked how the Director would know the men
need more training as there has been no disaster to
determine whether or not more training is needed.
The Chairman said the request was made and the
Board did not want to do anything until it talked with
the Chief He asked if it was all right to say the
Chief feels that the force, even though it has old
members , is adequate for what it has been used in the
past.
Chief Rycroft replied in the affirmative and said
anything he had in the past has worked out well.
Mr. Burnell asked if the Chief approved of the
Auxiliary Police under Civil Defense.
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Chief Rycroft replied that he did not know they
were under Civil Defense. He said he did not believe
Civil Defense gave any orders and his interpretation
is that the Director gives the Police Department help
if it is needed.
The Chairman hairman said he thought it was more than
that . He said the Town had to accept some Chapter
several years ago and he thought the law spelled it
out . He said he was quite sure the Town was obliged
to accept the Civil Defense Act.
The Chief said he thaght going along as it is
the chance of getting the men out is good. He said
he had forty-five special police out on Halloween ' .
Mr. Burnell explained that the Director ' s interest
is determining if the auxiliary police will become
part of the Civil Defense and part of the Police
operation under the Chief.
Mr. Brown said that was right, and if so, who
would be responsible for training the men.
Mr. Burnell said in other words, should there
be auxiliary police or not . He said he thought this
was something the Civil Defense Act called for.
The Chairman said the green uniforms were pur-
chased under matching funds.
Chief Rycroft asked what type of training would
be given the men.
Mr. Burnell rpplied that he remembered Edward
Cass giving men the law and some doctor from Bedford
Street gave them first aid
The Chairman asked if the Chief thought at the
present time and for the purpose they are serxing, the
special police are adequate.
Chief Rycroft replied in the affirmative.
Mr. Cole asked if he thought the Police Department
should train them
Chief Rycroft replied in the affirmative and said
he did not know what training they need. He said there
may be first aid but he did not want anyone shooting.
Mr. Cole said he assumed in the case of an emergency,
they would help the regular police and the Chief replied
that was correct.
The Chairman said he thought the Board should
clarify the law . He said he would look it up and
show it to the Chief and see where the situation stands
from there on.
It was agreed to meet with Chief Rycroft on
Saturday morning, January 12, at 9:30 to discuss
budgets and to meet with Mr. Carroll at 10:00 to discuss
his budgets
Chief Rycroft retired at 8:25 P.M.
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Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectments Meeting held Minuteg
on January 2, 1963.
The Chairman read a letter from Mrs . Coleman,
Wild Acre Inn, requesting permission to erect signs, Signs
designating the location of the Inn, at Percy Road,
Slocum Road and Highland Avenue .
Upon motion duly made and seconded, it was voted
that the request be denied.
The Chairman read a letter from Walter Gavan
266 North Beacon Street, Brighton, requesting per-
mission to move a house from 12. O Cambridge-Concord
Highway to a lot on Eldred Street . Permit
M . Carroll reported that he told Mr. Gavan
he would have to obtain a permit from the State.
He explained that Waltham Street would be blocked
entirely if a utility wire was hit. He also re-
ported that he advised Mr . Gavan the Town would not
cut any tree branches .
The subject was referred to Mr. Carroll for
investigation.
IIAt 8:30 P.M. , Messrs. Wheeler, Cabot, Cabot &
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Forbes, Dr . Fletcher, Kennecott Copper Corp. , Charles
McArthur, Country-Wide Offices Corporation, Messrs. Route 2 -
Fry and Dodge met with the Board. Mr. Meyer of the Spring Stred
Planning Board was also present .
Mr. Wheeler explained the reason for the meeting
is that he had read in the local paper about the pro-
posed route 2-Spring Street interchange and the problem
was what went on between the Department of Public Works,
the Selectmen and the Planning Board which was not made
known.
The Chairman explained that the Board did not have
too much choice.
Mr. Wheeler presented a plan entitled "Spring Street
and Route 2, Lexington Mass D P W April 2, 1962 Scheme 2" ,
and stated it was a basic plan which he had been operating
Ander since last spring. He said he WLs concerned be-
cause the ramp was in the C-3 zoned property which meant
a lose to Cabot, Cabot & Forbes. He explained they hope
to be able to move the access off the property into land
which is not presently zoned. He said one other thing
that concerned him, when working with County-Wide, was
the question of placing the access into the property.
He said they lost a very considerable promotional ad-
vantage He said the main concern is the fact they
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have only nineteen acres and will lose about four acres.
Then there is the question of an additional ten acres .
He said the loss of four acres in the C-3 zone is a concern
Mr. McArthur explained the Country-Wide plans in ac-
quiring a tenant for a building on five acres and pre-
sented a plot plan entitled "Proposed Buildings for
Burroughs Corporation" which showed the roads as they
understood them to be.
Mr. Wheeler said if this plan as proposed goes
through and the land taken by the Commonwealth, the Bur-
roughs Corporation would not be located in Lexington.
In effect, it means giving up fifteen acres of frontage
on Route 2 leaving about nineteen acres of land with
frontage on an access road. He said it cuts down
between 50% and 60% from the Town's point of view of
what would have been had for tix revenue. He said in
talking with the State, he understood it is flexible
and they will not have to go before the Bureau of Public
Roads for approval. He said, to allow Burroughs to go
ahead and allow Country-Wide's project to proceed, they
would like the jug handle and the present position they
have moved easterly into the low area immediately ad-
jacent to their property. He said he would like to
have a bulge as shown by FL . McArthur to allow him the
maximum development room for his own office building pro-
ject. They would also like to pursue the question of
having additional access off Route 2 coming in a westerly
direction. He said another question is how far Spring
Street is moved from its present location .
Mr. Wheeler said they want 1) Move Spring Street
back; 2) Get the jug handle removed to the east and
3) Definitely not take the property between Route 2
and the frontage road. He said beyond that is the
definite requirement of having the frontage road remain
bowed out .
The Chairman said asft.r as 1) Spring Street is
concerned, five members of the Board of Selectmen and
one member of the Planning Board would go along with
it. 2) The Board was in favor of moving the jug
handle approximately 600 feet to the East and 3) Move
north side of jug further north. He said this was
11 subject to engineering and he thought it was up to
Mr. Wheeler to do the layout and then have a combined
meeting with the State. He said the next stop is for Mr.
Wheel r to come back with some plans and after that would
be a meeting with the State.
The Chairman asked if they would need a sewer and
Sewer Mr. Wheeler replied in the affirmative.
Mr. Carroll explained that the sewer would hot be
available until the spring of 1964.
The group etired at 9:30 P.M.
iO3
The Chairman read a letter from the Addressograph-
Mmltigraph Corporation recommending the purchase of Assessors'
certain items, totaling $279.50, to complete the Town' s billing
billing system system
The Chairman said if it is the last of the in-
stallation needed and money is avaiIble, the items
should be purchased He suggested holding this over
until the appointment of an Executive Assistant and
said he would find out from Mr Cronin exactly what
it means .
Sealed bid received from the Somerville Printing
Company was opened and read by the Chairman. The bid
was $5.50 per, page for 700 copies and $5.75 per page
for 00 copies; $3.50 per page for 250 copies of the
school report . Town Report
Upon motion duly made and seconded, it was voted Bid
to accept the bid of $5.50 per page for 700 copies of
the 1962 Annual Town Report, $3.50 per page for 250
copies of the school report
Appointment to the Board of Fire Commissioners
was held over until the next meeting. Appointment
The Clerk was requested to make a 7:15 P.M. ap-
pointment with Stanley Robbins and Alden Stucke.
The Appropriation Committee met with the Board
at 9:50 P.M. and the Chairman explained that in re- Transfer
questing a transfer of $1,000 for the Law Department
Special Fees Account, the amount should have been
$1,163.17.
The Appropriation Committee retired at 10:00 P.M.
Application for the position of Executive As-
blatant was reoa.ved from Alex Hrisanthopoulos, Pascoag,
Rhode Island. Application
It was agreed to advise Mr. Hrisanthopoulos that
the Board is looking for someone with working experience
in municipal affairs.
Phe Chairman read an application for the position
of Executive Assistant received fromPaul F. Talbot, Application
Groton Connecticut . No action was taken .
Getter from Roy G. A. Petterson, former appli-
cation for the position of Executive Assistant, was Executive
noted and placed on file . Assistant
1
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Upon motion duly made an seconded, it was voted
to grant the following Taxi Driver licenses, subject
Licenses to receiving satisfactory reports from the Chief of
police
Franklyn J. Crosby William C. Forster
Angus W. McIver Leslie F. St.George
Upon motion duly made and seconded, it was voted
Warrant to sign the Warrant calling a Special Town Meeting to
be held on January 28, 1963 at 8:00 P.M.
The meeting adjourned at 10:30 P.M.
A true record, Attest
_ARkpec tiv Clerelect en
At
A �I
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O
111 SELECTMEN'S MEETING
January 12, 1963
A meeting of the Board of Selectmen was held in
the Selectmen's Room, Town Office Building, on Saturday,
January 12, 1963, at 9:50 P.M. Chairman Adams, Messrs.
Cole, Richards and Burnell were present. Mr. Charles
Evans, of Evans Associates, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive glerk, Mr.
Higgins and Mr. Colella were also present.
Chief John W. Rycroft met with the Board to discuss
budgets for 1963 under his jurisdiction.
The subject of sending a police officer to a radio
school, who could then do the radio work for both the
police and fire departments, was discussed. Radio work
Mr. Richards questioned having an individual who
is basically a police officer doing extra work.
The Chief felt that the retaining fee being paid
by the police department and the portal to portal pay
expended by the fire department could be saved.
' It was agreed that the Chief would look into the
matter of sending an officer to a radio school.
The Personal Services budget was considered and
Mr. Evans reported that all rates had been correctly
!figured but he has not checked the extensions
The Expense budget was approved in the amount
of $21,130; Out of State Travel approved in the amount
of $60.
Chief Rycroft retired at 10:20 A.M.
Public Works budget were acted upon as follows:
Requested Approved
Personal Services $45,779.67 $45, (Y9.67
(Mr. Evans reported that all rates had been correctly
figured but he had not checked the extensions. ) Public Works
budgets
Expenses 2,001.00 2,001.00
Out of State Travel 200.00 200.00
Engineering-Personal Services 4.8,125.91 48,125.91
(Mr. Evans reported that all rates had been correctly
figured but he had not checked the extensions. )
Expenses 4,200.00 4,000.00
Town Offices & Cary Bldg. P.S. 17,077.10 17,077.10
Expenses 31,830.00 30,8 0.00
The item for the boiler room
floor was not approved.
106 41,
3c
Requested Approved
Budget
Rental Properties $1,000.00 $1,000.00
Public Works Building 40,975.00 40,975.00
Highway Maintenance 111,750.00 111,750.00
Road Machinery 38,100.00 38,100.00
Snow Removal 100,000.00 100,000.00
Traffic Regulation & Control 11,050.00 11,050.00
Street Lights 71,881.00 71,881.00
Street Signs 3,000.00 3,000.00
Sewer Maintenance 55,323.00 45,000.00
(Reducing infiltration to the
Brook Street pumping station and
reducing infiltration in the
Lexington Center area approved. )
Sewer Services 71,500.00 68,000.00
Mr. Carroll was requested to proceed forthwith to
work out a new policy on installation of sewer services
whereby the work would be done on contract and each indi-
vidual would pay for the service rather than all the tax-
payers in the Town.
Mr. Carroll pointed out that this budget includes
labor and he will not be able to get the money from any
other account to pay the men
Mr. Donald E. Nickerson, Chairman of the Board of
Appeals, met with the Board and said that his Board has
Board of a part-time employee and it is evident the rate she is
Appeals ' to be compensated at is for a Senior Clerk, He said
budget his Board thought she should be classified as S-5 and r
receive $2.22 per hour. He explained thatthey have to
have an experienced stenographer who can take notes from
7:30 P.M. until 11:15 P.M. and the amount of money involved
will cost the Town less than $200 per year. He said he
wanted the Clerk to the Board. of Appeals in at the S-5
rate of $2.20 per hour and explained there is no demur
on the part of the encumbent. He said she could not
be replaced with a Senior Clerk.
Mr. Cole asked if thiscould be satisfied by a con-
tractural compensation
Mr. Nickerson replied thatthe Clerk is paid $4.00
a hearing and he wants four hours a day at $2.22 per hour.
Mr. Nickerson retired at 12:10 P.M. No decision
was made on his request
The Board adjourned until 1:10 P.M.
Budget Requested Approved
Garbage Collection $38,000.00 $38,000.00
Public Works ' Care of Dump & Removal of Ashes31,016.00 31,000.00
budgets Water Maintenance 64,450.00 63,750.00
Water Services 21,750.00 21,750.00
4
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tfre
' Budget Requested Approved
Park Maintenance $76,900.00 $76,900.00
Insect Suppression 9,500.00 9,500.00
Shade Tree 29,400.00 28,000.00
Dutch Elm Disease 15,750.00 15,750.00
Mosquito Control 8,160.00 8,160.00
Sewer Construction-Sundry 597,625 00 249,500.00
It was agreed to ask the Board of Health to list the
sewers requested tb the order of urgency deemed by that
Board.
Water Construction 6" - 16" 50,300.00 38,300.00
Drain Construction 46,000.00 28,000.00
Street Construction-Sundry 234,425.00 91,700.00
Street Construction-Cap.Outlay 40,000.00 40,000.00
The meeting adjourned at 4:15 P.M.
A true record, Attest :
�y/ Jr �� vzi
ectitiv Cler ,, Selec en
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108
Mr
SELECTMEN'S MEETING '
January 14, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, January 1L., 1963, at 7:30 P.M. Chairman
Ada}gs, Messrs. Richards, Cole, Burnell and Brown were
present. Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Mr. Carroll mentioned sending a letter to persons
whose petitions for street acceptances were not approved
by the Board and read a draft of such a letter. He sug-
gested that, in the future, the street acceptance budget
should be closed in early October or November and the
Board should consider the requests before Christmas,
Street determine what streets are to be presented and then Street
acceptances send a letter to the others advising that their peti- acceptances
tion has been denied. In this way, they will know
what action has been tkken before the Town Meeting and
will have an opportunity to petition to have an article
inserted in the warrant under the signature of ten or
more registered voters.
The Board agreed to send out the letter as drafted
by Mr. Carroll.
Mr. Carroll referred to the acceptance of Winter
Street and said there is the problem of the name and said
that the street will have to be renamed. He said Sky
Winter View Road would probably be changed to Winter Street,
Street & and there should be an article in the warrant for the
Sky View Annual Town Meeting to change the name of the street .
Road The Chairman said that Mr. Carroll could discuss
this with the Planning Board as changing street names
is one of its functions .
Mr. Carroll said he is working out the easements
on the Woodhaven Trunk sewer which crosses the swamp be-
hind Allen Street on property owned by the Evangelical
Sewer Church of Cambridge. He reported that Mr. Snow has
easement been in contact with church authorities relative to a
connection to Worthen Road, and Mr. Higgins has been
discussing the sewer easement with them. He asked if
the Board wanted to get an easement for Worthen Road
at the same time the sewer easement is obtained.
The Chairman said he thought the read easement
should be obtained at the same time and if it is not
needed, it can be abandoned.
1 f')
Mr. Richards asked if a future developer would
have to build it if the church decided to divest it-
self of the property.
Mr. Carroll stated that Mr. Snow has been talk-
ing .about getting this easement and he, Mr. Carroll,
is interested in getting the sewer built. He said
he did not want to run into any difficulty with the
read.
Mr. Richards said if the church is willing to
do business, he thought it could be worked out .
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing pole locations, all having been approved by Mr.
Carroll: Pole
locations
Burlington Street, in traffic island at intersection
of Grove Street, --
One (1) pole .
(One existing JO pole to be removed) .
Clarke Street, northwesterly side, approximately 177
feet southwest of Parker Street, --
One (1) pole.
Grant Street, westerly side, approximately 233 feet
north of York Street, --
One (1) pole.
Toe Chairman read a letterfrom Charles N. Collatos,
Commissioner of Veterans ' Services, asking the Board to
eliminate a hazard caused by a great amount of rocks
piled on the lot in the rear of his home on Hutchinson
Road when the sewers were placed. Complaint
Mr. Carroll said there was no danger as far as he
could see and he did not think it was the Board's re-
sponsibility to become involvdd in going onto private
property to remove any fill that may have been left
on it. He said the sewer was installed in 1961, the
lot is owned by Mr. Carrig and he does not know where
the fill came from.
It was agreed to advise Mr. Collatos that the
Board has no knowledge of where the material came from
and inasmuch as the lot to which he referred is private
property, the Town has no authority to enter. It was
also agreed to suggest that Mr. Collatos contact the
owner, James Carrig.
A letter from Robert Townsend, 265 Bedford Street,
requesting that parking be prohibited at any time on
the southeasterly side of North Hancock Street at the Traffic
110
corner of Bedford Street, was referred to the Traffic
Study Committee.
Questionnaire from the Continental Casualty Company
Garbage relative to the garbage contract was referred to Mr.
Contract Carroll.
Letter was received from the State Department of
Public Works in reply to the Boardts letters of October
18, 1962 and December 18, 1962, requesting certain modi-
Interchange fications to the proposed interchange at Spring Street
at Spring and and Waltham Street .
Waltham Sts. Mr. Richards said there are several points to
consider and one is what stand the Board is going to
take on Spring Street. He said he wondered what is
going to happen at the conference with Cabot , Cabot &
Forbes .
The Chairman said the State was entitled to an
answer and that the letter should be shown to the
Planning Board.
Mr. Richards said it appeared to him that if Cabot,
Cabot & Forbes is able to convince the Department of
Public Works the advisability of swinging the access
road into a curve, there might be some opposition.
The Chairman suggested acknowledging receipt of
the letter advising that it has been referred to the
Planning Board for study.
Mr. Richards said he did not think there is a
chance of too many changes.
The Chairman said he would acknowbdge receipt
of the letter, and after a consultation with the
Planning Board, would answer it again within a few days.
Upon motion duly made and seconded, it was voted
Chapter 90 to sign a statement of expenditures for Chapter 90,
verbal approval having been given by Mr.Carroll.
Upon motion duly made and seconded, it was voted
to grant permissionlie Mystic Valley Gas Company
Permit to locate a 2 inch// e�I gas main in Baskin Road to
serve Lot #25, the proposed location having been
approved by Mr. Carroll.
Mr. Burnell reported on a meeting of the Traffic
Study Committee held Saturday morning and stated that
Chief Rycroft has been making a speed zone study on
Concord Avenue and in the process, the radar machine
broke down. It has to be sent to Connecticut for
repairs and this will hold up the study for a while,
but not for very long. In the meantime, the Committee
1[ .1
agreed that speed zone signs should be erected without
waiting for them to become legal. He said at least Traffic
agree that the signs will be placed at strategic places Concord Ave.
and they might replace those that are there now. The
Committee did not recommend taking any action relative
to the installation of traffic lights at Waltham Street
and Concord Avenue until such time as it can be better
determined what the aate is going to do about that ramp.
The Committee also wants to have traffic lines painted
at that intersection as soon as the weather permits.
Mr. Burnell said Simonds Road has been a source
of trouble traffic-wise. Mr Carroll had stop signs
painted on the pavement on both sides of Simonds goad Traffic
and also some signs stenciled on Simonds goad itself. Simonds
However, these have not been completely effective. He Road
reported that Mr. Carroll has made a traffic study of
all these intersections and has a very thorough report
whichis available to the Board. The Committee recom-
mends that the Board apply to the State for stop signs
on all streets leading into Simonds Road, beginning with
Harding Road and going to Preston.
Mr. Burnell referred to Raymond Street and reported
that the Committee recommends that this street now be Traffic
changed as a one-way street going in the opposite Raymond
direction, that is going from Muzzey Street to Clarke Street
Street.
Mr. Burnell reported that Mr. Carroll is going
to write the State relative to Eldred Street. The
Chief reported that the traffic there is very bad in Traffic
the morning and he does not feel it is the Town ' s re- Eldred Street
sponsibility to police this as it is caused by the
construction of the Grove Street bridge. He explained
that Mr. Carroll would ask the State to police this.
Mr. Burnell reported that the Committee will ask
Mr. Brooke of the Department of Public Works Traffic
Division to come out and meet with the Committee. He Traffic
explained that the Committee is interested in getting
the pedestrian control law understood so that an article
can be inserted in the warrant on the subject for the
Annual Town Meeting.
Mr. Burnell said that he has already had a tele-
phone conversation with Mrs. Raymond J. Flynn, 310
Concord Avenue. He reported that the Police Depart
went is patrolling Concord Avenue and has been checking
in unmarked cars for violations of cars passing school
buses.
112
Mr. Legro arrived at 8:20 P.M.
Mr. Joseph Conroy met with the Board.
Mr. Conrpy referred to the Moulton property on
Marrett Road and stated that a client of his purchased
the property last summer. He said quite a few years
ago, Mr. Moulton conveyed a portion of it to the old
Moulton Tower Estate and they mdde Tower Road out of it. He
property said there were two reserve strips andhis client is
interested in purchasing the one adjacent to the pro-
perty, and would like to insert an article in the warrant.
The Chairman explained that an artide could be
inserted by ten or more registered voters.
Mr. Conroy stated that he would not put it in
without the approval of the Selectmen
The Chairman said he thought these two strips
were discussed with the Planning Board some time ago,
at which time it was a matter of policy that the
Board did not want to dispose of them
Mr. Carroll explained that he thought the Plan-
ning Board wanted access to the rear land and would
object to selling these parcels.
The Chairman suggested that Mr. Conroy contact
the Planning Board.
Mr.Conroy retired at 8:30 P.M.
The Capital Expenditures Committee met with the
Board.
Public Works Capital Outlay budgets were con-
sidered and the following action taken:
Budget Requested Approved
Public Works Sidewalk Construction $50,000.00 $40,000.00
Capital (The specific locations to
Outlaybe decided later)
budgets Curbing 5,000.00 5,000.00
Off-Street Parking 20,000.00 00.00
Mr. Richards said the Board should have some idea
of the title to all of the land, whether it is Mr.
Buckley's interest or some other person's interest
The Chairman said he thought an article should
be included in the warrant for the March Meeting to
acquire any or all of the land as shown on Mr. Carroll's
plan.
It was finally decided not to take any action
this year.
Chapter 90 Construction 60,000.00 60,000.00
Chapter 90 Maintenance 8,000.00 8,000.00
Road Machinery Capital Outlay 29,700.00 29,700.00
113
' At Mr. Carrollts suggestion, it was agreed to
include an article in the warrant for subdividers' Article
reimbursement, to appropriate $10,000 and carry over
$20,000.
The Capital Expenditures Committee retired at
9:40 P.M.
Upon motion duly made and seconded, it was voted
to go into executive session for the purpose of dis-
cuhsing, deliberating or voting on a matter, which, Executive
if made public, might adversely affect the public Session
security, the financial interest of the Town, or the
reputation of any person
Following the Chairmants report of a conversation
with Colonel Cowan, it was voted to resume the open
meeting.
Mr. Carroll retired at 9 45 P.M.
The Chairman read a letter from Mr. Legro in which
he bade observations relative to the Law Department
budget, together with 1963 budget estimates for Per- Law Depart-
sonal Services, Expenses and Special Fees. went budget
II
The Clerk was instructed to place the letter on
the .enda for the next meeting of the Board.
Mr. Legro reported that he had received a tele-
phone call from Daniel Buckley, attorney for Frank T. Settlement
Neal, advising that he will accept $50 for a lot for dump
taken by the Town for the dump site. site lot
Upon motion duly made and seconded, it Was voted
to authorize Mr. Legro to settle for $50.
The Chairman read a letter from Dennis J. McSweeney
requesting an offer in settlement of damages for lots 4, Settlement
5, and 6, Block 78 on Hazel Street, taken for the dump for dump
site site lots
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to make an offer of $50 for
each lot.
The Chairman read a letter from Mrs. Ralph M.
Smith, 1162 Massachusetts Avenue, relative to a side- Smith better-
walk
etterwalk betterment assessment and her water bill. ment and
The Chairman said Mr. Carroll thought there must water bill
be a leak in the house and he would be glad to send a
man down to check. He said he would contact Mrs .
Smith.
114
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Upon motion duly made and seconded, it was voted 11Minutes to approve the minutes of the Selectments Meeting held
on January 14, 1963.
. Mr. Legro retired at 10:05 P.M.
Officer George Portents resignation as Dog Officer
was held over .
The Chairman read a letter from Mr. Frank DiGiammarino,
Lexington High School teacher, relative to a proposed
Student Student Government Day program.
Government The Chairman was authorized to advise Mr. DiGiammarino
Day program that the Board would be glad to cooperate .
The Chairman read a letter from Lt. C. E. Benedict,
employed by Globe Security Systems, Inc. , as a guard
supervisor at Systems Development Corporation, request-
Special ing appointment as a Special Police . A satisfactory
Police character reference was given verbally by Chief Rycroft .
Upon motion duly made and seconded, it was voted
to appoint Lt. C. E. Benedict a SpecialPolice Officer
in the Town for a term expiring March 31, 1963.
Upon motion duly made and seconded, it was voted
to approve bond on behalf of Julian Roberts, Deputy
Bond Collector, in the amount of $5,000 for a period expir-
ing December 31, 1963.
The Chairman read a letter from Alfred P. Tropeano
requesting that an article be inserted in the warrant
for the Annual Town Meeting to provide for the appoint-
Article ment of a committee of five inhabitants of the Town to
act as a liaison committee between prospective concerns
that want to settle in Lexington, and the Planning Board
and Board of Appeals .
Mr. Tropeano also suggested that the board consider
the extension of Worthen Road to Adams Street .
Worthen Road it was the feeling of the Board that it was a
little dubious of the value of such a committee.
Mr. Burnell suggested talking with Mr. Tropeano
to find out what he has in mind beyond the land now
zoned for this type of use.
The Board authorized the Chairman to advise Mr.
Tropeano that it can see no very useful purpose in the
suggestion at the moment, and that his recommendation
relative to the extension of Worthen Road would be re-
ferred to the Planning Board.
1
ICU
Mr. Richards said he thought, at some time, the
Town should vote on the location of liquor stores and
find out if they are to be confined to the canter of
Town. He said he felt the Board could act in the Article
future if it knew this was of no concern. He said he
wondered whether or not theboard should insert an
article in the warrant to let the people determine
whether or not liquor licenses are to be confined to C-2 zones .
He said if the people are content the way it is now,
then the Board has that guide to go by and could
issue a license.
It was agreed to include an article in the warrant
and to so advise the Planning Board.
Mr.Richards said the Town should decide whether
or not people are to be made to fence in their swimming
pools, and he thought there should be an article in the
warrant on this. Article
It was agreed to include an article in the warrant
to cover the subject of fencing swimming pools.
Upon motion duly made and seconded, it was voted
to appoint Stanley E. Robbins, 12 Stedman Road, a Fire
Commissioner for an unexpired term ending March 31,
196x, to fill the vacancy caused by Mr. Roeder's resig-
nation.
Further consideration was given to the subject of
Auxiliary Police. Mr. Burnell said he thought the
Board should disband the Auxiliary Police and put the
Civil Defense Police in operation. Auxiliary
It was agree€ to invite Chief Rycroft and Mr. Police
Burrell, Director of Civil Defense, to meet with
the Board next Monday night .
Upon motion duly made and seconded, it was voted Licenses
to grant the following licenses:
David C. Pinkham 29 Depot Square Common Victualler
Donald J. MacDonald 458 Marrett Road Taxi Driver
Richard F. McCobb 1 Sunnyknoll n "
The Chairman called the Board's attention to the
fact that the Lexington Cleansers and Carolyn Frocks are
presently maintaining signs that are in violation of
the Historic Districts Act. Signs
It was agreed that the Chairman should write an-
other letter to both establishments and ask that they
conform to the Act or the Board would have to take legal
steps
116
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The meeting adjourned at 11:05 P.M. ,
A true record, Attest:
e tiv Cler , Selec fnen
`
1
117
SELECTMEN'S MEETING
January 21, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, TownOffice Building,
on Monday, January 21, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Cole, Richards, Burnell and Brown were
present . Miss Murray, ExecutiveClerk, and Mr.
Charles M. Evans were also present.
Mr. James J. Carroll, Town Clerk and Treasurer,
met with the Board to discuss 1963 budgets under his
jurisdiction.
Mr. Evans reported that the Personal Services
figures were relatively correct.
Budgets were acted upon as follows:
Requested Approved
TemmA1.erk & Treasurer
Personal Services $14,894.68 $14,894.68 Town Clerk
Expenses 1,809.72 1,809.72 and Treasure
Elections 500.00 500.00 budgets
Vital Statistics 100.00 100.00
Parking Meters 150.00 150.00
Out of State Travel 250.00 250.00
Town Clerk - Personal Services 5,000.00
Town Treasurer " " 5,000.00
Registrars - Personal Services 3,500.00 3,500.00
Expenses 1,000.00 1,000.00
Mr. Carroll stated that he would not argue the
amount submitted for his own personal service. He re-
tired at 7:45 P.M.
Mr. Legro, Town Counsel, and Mr. Carroll, Super-
intendent of Public Works, met with the Board.
Mr. Carroll referred to a request received from
one Walter T. Gavan for permission to move a house from
140 Cambridge-Concord Turnpike to Eldred Street, and Permit to
said the people involved were present this evening. move house
Attorney Gavan, State .Department of Public Works,
said he was representing his brother, Walter T. Gavan,
on his application for a permit to move a house which
he purchased from the State. He said he understood
the difficulty was the selection of a route, and stated
that the route he has in mind would be to come down the
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ramp on Waltham Street, travel on Waltham Street a dis-
tance of a mile and a half, then onto Worthen Road for
a distance of 1.10 miles , then on Bedford Street for a
distance of 1.7 miles . He said he understood the main
objection was that both Waltham Street and Bedford Street
are thirty feet in width. The width of thehouse is
twenty-five feet and the overhang brings it to twenty-
seven feet. He said he has been informed that the
trailers travel at a speed of about fifteen miles an
hour. That being so, it would take about six minutes
on Waltham Street and less than seven minutes on Bedford
Street . He said he has been over this route andcoould
find no obstruction except on BedfordStreet near the
McCarthy Funeral home where there are a couple of trees
that arch over the roadway. He said one limb from the
trees would clear the path. He stated that the mover
is prepared to put up his bond in the sum of $5,000, and
his equipment is of A-1 character because it has been
used in many moving operations throughout the State. He
reported that his brother has invested close to $10,000
in the purchase of the house and land. After the pur-
chase of the land, he found there was a lot of peat there.
He had it sounded and it ran from eight to ten feet. All
the peat was excavated down to hardpan. Then he found
the hardpan was below the water table so he hadto refill
with gravel and then the foundation was poured.
The Chairman asked why Mr . Gavan did not find out
about obtaining a permit first.
Mr. Gavan, the attorney, said he left that to the
mover. He said he did not think there would be any
difficulty with wires. He said there are a few tele-
phone wires on Waltham Street that could be lifted to
permit the passage of thehous.;. He said if, for any
reason, this route is not acceptable , he would be will-
ing to go along with any suggestion that may be made to
get the house up there .
Mr. Burnell asked if he understood Mr. Gavan to
say there would have to be a limb taken off the trees .
Mr. Gavan replied in the affirmative and said it
was near the McCarthy Funeral Home, the lower branch on
each tree.
Mr. Richards asked if there would be any problem
turning off Worthen Road onto Bedford Street, and Mr.
Gavan replied in the negative
Mr. Carroll reported that he told Mr. Gavan, his
brother and wife that he and the Chief had looked over
the route and would recommend to the Board that the
request for a permit be denied because of the width of
the house is such that it will not permit vehicles go-
ing by most of the time it is on Waltham Street and most
of the time it is on Bedford Street . He explained that
119
I they felt that if there was an accident or fire, the Town
would be in serious trouble.
Mr. Cole asked about the time element involved and
Mr. Carroll said he felt it would be an hour on Bedford
Street anyway.
Attorney Gavan said the fifteen miles an hour in
ideal conditions would mean being on Bedford Street
six minutes. He said he would be willing to move
the house in slack hours, after midnight. He said
a fire truck could be stationed at the other end of
the road.
The Chairman said the Board would let Mr. Gavan
know its decision.
Mr. and Mrs. Gavan and attorney Gavan retired at
8:00 P.M.
Mr. Carroll said he would be willing to go along
if the Building were moved at midnight .
Mr. Burnell asked if they had any right to saw
off tree limbs, and Mr . Carroll said permission would
have to be granted by the Tree Warden.
The Chairman said it was Mr. Gavan's responsibility
to work out a route that would be acceptable to the Board.
It was agreed to approve the move at midnight pro-
viding Mr. Gavan makes all the necessary arrangements ,
and the Board has approval from the Chief of Police and
Superintendent :of Public Works.
Mr. Carroll said the State made a taking from the Town
up on Massachusetts Avenue, right at the bridge, over
a year ago, August 29, 1961. The Town was offered
$1.00 and the Board asked him Lo work with the State.
He presented a plan entitled "Plan of Road in the Town
of Lexington Altered and laid out as a State Highway by Settlement
the State Department of Public Works", He indicated for land
the area of 2,471{. square fee, that was taken and sub- taken by
mitted a Land Damage Agreement in the amount of $175.00 State
coviering the parcel taken by the State.
Upon motion duly made and seconded, it was voted
to accept settlement in the amount of $175, and authorize
the Chairman to sign the Land Damage Agreement.
Mr. Carroll referred to a letter written last July
to Cabot, Cabot & Forbes relative to an exchange of land
and indicated on a plan what land the Town was to acquire
and what land Cabot, Cabot & Forbes was to acquire. He
asked if the Board wanted to include an article in the Article re
Warrant for the Annual March Meeting. land exchang
The Chairman said he thought an article should be
inserted in the warrant and Mr. Richards said there
would have to be a plan to abandon.
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It was agreed that first, Mr. Carroll would pre-
pare a plan and seco„d, submit the plan to Cabot, Cabot
& Forbes, after which he would contact Mr. Legro rela-
tive to an article.
Mr. Carroll asked about a name change on Massachu-
Mass. Aver.L..:setts Avenue, the westerly side of Route 128 where
name change it has been relocated.
The Chairman suggested that Mr. Carroll write
the Planning Board.
Mr. Carroll referred tothe Woodhaven Trunk Sewer
and reported that Mr. Higgins has contacted most of
the people involved. One individual, Mr.Hinds, owns
40 acres of land north of Route 2 up to the Woodhaven
development. The sewer will be located through his
property in two places, which he indihcated on a plan.
Order of He reported that Mr. Hinds wrote to him and also wrote
taking to the Planning Board stating that he would go along
Woodhaven with the easement if the property is zoned for industry
Sewer Mr. Carroll recommended that a taking be made.
Upon motion duly made and seconded, it was voted
to adopt an order of taking of land believed to be owned
by Mr. Hinds, as indicated on a plan by Mr. Carroll, for
the Woodhaven Trunk Sewer.
It was agreed to meet Saturday morning at 9:15 A.M.
to continue work on budgets.
Letter from Robert R. Rich, attorney for Mrs . Willis,
Dump Site Webber, accepting an offer of $75 in settlement for land
lot taken for the Refuse Dump Site was referred to Mr. Legro.
The Chairman read a letter from Mercurio Dankese,
87 Lincoln Street, referring to an order of taking, in-
volving temporary easements, requesting an offer in
settlement of damages for sewer easement taken in his
property.
Mr. Carroll explained thatthere was a taking made
on either side of the existing water main. He indi-
cated the Dankese property, the existing water main and
Easements the taking that was made. He explained any damages
would be from the temporary easement and said he thought
the temporary easements should be staked out and deter-
mine to what extent the damages to the area are .
The Chairman said the board should have more in-
formation from Mr. Carroll.
The Chairman read a letter from Francis E. Burke,
attorney for the owners of the property at 904 Massachusetts �'
121
Avenue, relative to damage caused by a Town drain.
Mr. Carroll stated that the problem could be Claim
solved by putting in a couple of loads of gravel.
Letter was received from Allan Green, request-
ing installation of a street light on Barberry Road. Street light
Mr. Carroll reported that he has already placed
an order for this light .
Letter from Eugene B. Hamilton requesting that a Traffic
sign be erected to prevent parking within seventy-five
feet of the corner of Ledgelawn Avenue and Bedford Street
was referred to the Traffic Study Committee.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the
following pole locations:
Bellflower Street, easterly side at Balfour Street, --
One (1) pole.
Pole
Homestead StreLt, southerly side, approximately 23 feet locations
east of Bellflower Street, --
' One (1) pole .
(One existing JO pole to be removed. )
The Chairman read a letter from the State Depart-
ment of Public Works with reference to access to and
egress from modern highways . The Clerk was instructed Highways
to send a copy to each member of theBoard and to have
one published in the LexingtonMinute-man.
Letter was received from the Board of Health list-
ing sewers in the order of urgency based on deficiencies
and problems and encountered by that Board. Sewers
The Clerk was instructed to send a copy to each
member of the Board Before the meeting Saturday
Messrs . Carroll and Legro retired at 8:30 P.M.
The Recreation Committee met with the Board to
discuss budgets for 1963
Mr. Evans said the amount for supervision and
instruction was a lump sum and he assumed it was figured
according to the schedule, andMr . Kelly stated that it Recreation
was. budgets
The Chairman asked how much of the increase in the
budget was due to the new items, and Mr.Kelly replied
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that the entire increase is due to the new program.
The Chairman explained that if the Board feels it
necessary, $700 will be approved for janitorial instead
of $850 and $10,010 will be approved for supervision and
instruction instead of $10,975.
Mr. Kelly stated there is nothing mandatory and to
a large extent janitorial money Comes back.
The Chairman asked if the new soccer program was
highly desirable but not essential, and Mr. Kelly replied
in the affirmative.
Mr. Kelly referred to the Expenses budget and said
it included items that are merely recommendations and it
is up to the Board whether or not these items are to be
transferred to the Public Works Department.
The Chairman said the Board would discuss these with
Mr. Carroll Saturday morning.
Mr. Kelly said he would like to bring up the subject
of the Baskin land and explained that the Committee feels
it should use the $10,000 appropriated as far as it will
go and that the Public Works Department should be author-
ized to undertake this area in the spring.
Mr. Richards asked if it would cost $9,310, the
balance in the appropriation, to build the proposed play
area, and Mr. Kelly said the idea would be to do as much
as can be done for the amount of money available.
The Board agreed with the Committeets recommendation.
The Recreation Committee retired at 9:05 P.M.
Chief Rycroft and Mr. Burrell, Director of Civil
Defense, met with the Board.
The Chairman stated that the Board had invited
Chief 'Rycroft and Mr . Burrell in this evening to dis-
cuss Auxiliary Police. He said that Mr. Burrell, in
Auxiliary going over the organization, has given some study to
Police the Auxiliary Police and recommended that the present
force either go through a Civil Defense course in
training or be abandoned.
Mr. Burrell said basically, that was it. He
stated that as a Civil Defense Director he could not
take other than the position that an auxiliary depart-
ment is• desirable and necessary for a Civil Defense
disaster. He said he recognized there will be many
problems involved, and if there is going to be an auxili-
ary department, it should be trained. However, if
there is not going to be an auxiliary department, it
should be recognized, and he can make his plans .
The Chairman explained that the Board had not made
any decision.
Chief Rycroft said he had previously discussed this
with the Board and explained that some of the men have
13
been in the organization since 1928. He said he could
get forty-five out of sixty-five men out on Halloween' ,
and from the limited amount of damage, it was evident
that they do a good job. He said these are the ones
he is thinking about.
The Chairman said that the present force has been
successful as Special Police and not as Civil Defense .
Mr. Burnell said the men in the group the Chief
was talking about are aging and the Chief agreed
Mr. Burnell said it will not be long before these
men will not be effective at all.
The Chatif explained that he has some young men in
the group and asked how one approached an individual who
had been in the group for a number of years.
The Chairman skid the present group has worked out
for what the Chief wanted, but Mr. Burrell wants auxiliary
police that have been trained in Civil Defense procedure.
Mr. Burrell said he was not too sure what is being
talked about would not be the same thing. He said
there are forty-two or forty-three buildings in Lexington
that could house a substantial number of people; 200, 300
or 1,000 in a particular building, and there has to be
some police protection in these places. He said he was
concerned about these individuals understanding the job
II
they are supposed to do. He stated that the Civil De-
fense law is quite specific in the use of Auxiliary Police
The Chairman asked if this could be settled by a
certain number in the group taking Civil Defense training.
Chief Rycroft asked what the training is.
Mr. Burrell replied that there is a course, with
which he is not too familiar, but it does give fundamentals
that anyone should know, and is given by qualified in-
structors, who are usually officers in the local police
department . He said he thought people in the police
department could qualify and would be certified by the
State to teach the course . He said the limitations are
important and some understanding of what their area of
responsibility might be as far as Civil Defense emergency
is concerned. He said there has to be some policing
power in each one of these school buildings.
Mr.Richards said Mr . Burrell feels a Civil Defense
police force is needed and Chief Rycroft feels the auxil-
iary police are satisfactory. He asked what the Civil
Defense police force would do and what kind of training
they need.
Mr. Burrell replied they have to have some police
knowledge.
Mr. Richards said a man who had been a police officer
could take the Civil Defense course to qualify and asked
where the men would come from, how they would be recruited
124
and how the police force would be maintained.
Mr. Burrell replied that first of all a man feels he
is contributing something to his community. He said
usually as these things get organized there is a fellow-
ship that develops which appeals to the basic American
character. There are some people who are attracted to
the Police Department.
Mr. Richards asked how Mr.Burrell would get this
started and Mr. Burrell replied by going out and telling
people the group is being formed. He said he did not
think it was necessary to have a large group; a small
group of twenty or twenty-five would be better than one
hundred.
Mr. Cole asked if those who have Civil Defense uni-
forms are special police, and Chief Rycroft replied in
the affirmative .
Mr. Richards asked, if Mr. Burrell set up what he
is trying to set up, how the men are obtained.
Mr. Burrell replied that right now he has the re-
sponsibility of organizing and training such a group and
there is no point unless it is acceptable tothe Police
Department.
Mr. Richards asked what the course consisted of and
how would Mr. Burrell go about training the risen.
Mr. Burrell replied that maybe he would talk with
the Chief and if there was someone in the department that
would look like he would be the person, he thought it
would be better to have a man in the department do this .
Then they would have to go to the State 1oadquarters and
obtain approval that this individual would teach the
course. He said this is not a big thing and it won 't
happen overnight . They should get together once or
twice a month and in six months or so be at the point
where they could be given an emergency assignment. He
said the problem is trying to take seventy-six people
under stress of emergency and get them in a place where
they should be of some benefit .
Mr. Cole said as he understood it, Mr. Burrell
wanted a decision from the Board as to whether or not
there is to be an auxiliary police force and who is
going to train them.
Mr. Burrell said Civil Defense cannot be activated
except by request ofthe Chief of Police. The Director
cannot activate them or use them and the only thing he
is responsible for is organizing them and training.
The Chairman slid it is obvious that the board has
to make a decision and would let Mr. Burrell and the
Chief know.
Chief Rycroft and Mr. Burrell retired at 9:25 P.M.
rA �
45
Upon motion duly made and seconded, it was voted
to advise the Chief of Police that Mr. Burrell be given
authority to organize and train, in Civil Defense mat-
ters only, those volunteers in the existing Special Police
organization.
The Board of Assessors met with the Board to discuss
budgets for 1963. Assessors'
Mr. Evans reported trot the personal services rates budget
were correct .
The personal services budget was approved in the amount
of $22, 305.52; Expenses approved in the amount of 822,427.87
and Out of State travel approved in the amount of 8100.
The Chairman referred to a letter from the Addresso-
graph-Multigraph Corporation relative to items recommended
to complete the billing system.
Mr. Cronin explained that these items were in the Assessors
original quotation, but Mr. Staples did not think there billing
was enough money to purchase them. He said it would system
not cost the Town anything to take the equipment with-
out a door and exchange it for a cabinet with a lock.
He said it would not be a trade-in, but an exchange.
Mr. Cole reported that no funds had been carried
over and the purcha:;e of the equipment was therefore
disapproved.
The Assessors retired at 9=55 P.M.
The Chairman reported that Mr. Nickerson, Chairman
of the Board of Appeals, had called relative to a de-
cision on his request that the Clerk to the Board be
re-classified. Board of
Mr. Evans advised that the Clerk works twenty hours Appeals '
a week which is $270 a year and the Board of Appeals Personal
proposed $440. He said $2.22 would make an increase of Services
$440.
The Chairman asked if Mr. Evans was recommending
the S-3 classification and he replied in the affirmative.
He said he believes the job is not entitled to any higher
rating.
Mrs. Norma Babcock's resignation as a School Traffic
Duty Policewoman was accepted and placed on file. Resignation
Officer George Forten 's resignation as Dog Officer
was held over.
Notice from the County relative to a course of Dog Officer
instruction for Dog Officers was also held over.
# The Board decided th-t, to be consistent, it had no
alternative but to accept Mr. Eyelid recommendation.
126
it
The Chairman read a letter from the Chamber of
Commerce advising that the Road of Directors would
like to see an article in the warrant for the next
Annual Town Meeting to appropriate funds to supplement
the Christmas lighting in the Center.
Christmas Mr. Burnell said he thought this was a project
lighting that the Chamber of Commerce would be responsible for
rather than the taxpayers . He also pointed out that
there would be shopping areas other than the center,
and these people would feel they were entitled to ask
for funds.
The Chairman said he t ought the Chamber of Com-
merce should have had an article in the warrant, under
the signature of ten or more registered voters.
Mr. Cole said the Board is trying to cut costs in
the way of service andhe would therefore not be in
favor of something such as this.
The Board felt that in view of its effort to keep
appropriations to a minimum this year, it could not
recommend such an expenditure this year.
Law Decision relative to the Law Department budget was
budget held over until the budget meeting Saturday morning.
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Orders of the Town as
follows:
AMENDMENT TO THE TRAFFIC RULES AND ORDERS,
TOWN OF LEXIN^TON, ADOPTED BY THE BOARD OF
SELECTMEN, JANUARY 21, 1963
ARTICLE VII
Traffic Rules Section 1 (One way)
and Orders
By striking out the following description:
Raymond Street - easterly, from Clarke Street
to Muzzey Street.
Article VII, Section 1 is further amended by adding
the following new description:
Raymond Street - westerly, from Muzzey Street
to Clarke Street .
Adopted January 21, 1963 /s/ Levi G. Burnell
Lincoln P. Uole,Jr. Selectmen
a true copy, Attest: Otis S. Brown, Jr. of
Lexington
January 22, 1963
10
January 22, 1963
Then personally appeared the above-named Hazel J. Murray,
Executive Clerk, Board of Selectmen, and acknowledged the
foregoing to be her free act and deed, before me,
/s/ James J. Carroll
notary rubric
AMENDMENT TO TH,' TRAFFIC RULES AND ORDERS,
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SEL SELECTMEN, JANUARY 21, 1963
ARTICLE VIII
Section 11 (Stop signs)
By adding to this section the following:
Southeastbound drivers on Harding Road at Simonds Road.
Southeastbound drivers on Gleason Road at Simonds Road.
Northwest bound drivers on Gleason Road at Simonds Road.
Southeastbound drivers on Dexter Road at Simonds Road.
Northwestbound drivers on Dexter Road at Simonds oad.
Southeastbound drivers on Bertwell Road at Simonds Road.
Northwestbound drivers on Bertwell Road at Simonds Road.
Northwestbound drivers on Preston Road at Simonds Road.
Southeastbound drivers on Blake Road at Simonds Road.
Northwestbound drivers on Blake Road at Simonds Road.
Northeastbound drivers on Preston Road at Simonds Woad.
/s/ Levi G. Burnell
Lincoln P. ',ole Jr. Selectmen
Otis S. Brown, Jr. of
Lexington
Adopted Januay 21, 1963
A true copy, Attest :
/s/ Hazel J. Murray
Executive clerk, Selectmen
January 22, 1963
Then personally appeared the above-named Hazel J. Murray,
Executive Clerk, Board of Selectmen, and acknowledged the
foregoing to be her free act and deed, before me
/s/ James J. Carroll
Notary Public
128mc
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Applications for the position of Executive Assist-
Applications ant were received from William A. Sommers, Somerset,
New Jersey, and John H. Harding, Weston .
The Chairman agreed to arrange appointments for
both applicants to meet with the Board on Saturday
morning.
Upon motion duly made and seco ded, it was voted
Notices of to sign notices of intentions to lay out the follwwing
Intention streets; hearings to be held on January 30, 1963:
Alcott Road Fulton Road Ames Avenue
BaskiniRoad Freemont Street Eastern Avenue
Bowser Road Jeffrey Terrace Manning Street
Brown Road Lillian Road Winter Street
Burroughs Road Oxbow Road Todd Road
Constitution n oad Roosevelt Road Douglas Road
Cooke Road Ross Road
Drew Road Saddle Club Road
Upon motion duly made and secondeu, it was voted
Meeting to hold a regular meeting of the board on Tuesday,
January 29, 1963, at 7:30 P.M.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectments Meetings
held on January 12 and 14.
The meeting adjourned at 11:10 P.M.
A true record, Attest :
ilk G
`
' ec iv SelectOan
lerl�,
}
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129
SELECTMENtS MEETING
January 26, 1963
A special meeting of theboard of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Saturday morning, January 26, 1963, at 9:15 A.M. Chair-
man Adams, Messrs . Cole, Richards, Burnell and Brown
were present . Miss Murray, Executive Clerk, was also
present.
Mr. William A. Sommers, Somerset, New Jersey, appli-
cant for the position of Executive Assistant, met with
the Board.
The Chairman explained that there had been an in-
cumbent who left and the Board now has the position to
fill. He said one thing that bothered the Executive Executive
Assistant was the lack of legal authority, the paaiti7 Assistant
tion being all delegated authority from the Board. He
stated that as soon as he left, several things have come up
and it is a much clearer position than it was before He
said that Mr. Evans has set up a salary schedule and the
Executive Assistant would have to be a man who knew some-
thing about personnel and management. He would have to
handle this and there would be a certain amount of super-
vision of other departments. He explained that some
departments are directly under the Board, others, such
as the Collector, Treasurer and Clerk, are not under the
Board and there has to be some sort of supervision and
an attempt made to correlate authority. He said there
would kiso have to bea continuous check on the budget
expenditures and the board wants to institute some form
of simplified purchase supervision.
Mr. Sommers said he would like to know the circum-
stances of hiring, the wages and what the circumstances
of work as outlined. He asked if the hiring would be
at the pb asure of the Board.
The Chairman replied in the affirmative and said
the Board would be hiring him as its agent . He said
there is much detail that the Board should not have to
handle. He explained that there is a Superintendent
of Public Works and briefly outlined his department.
Mr. Sommers asked if theduties of the position
would be set up in some form.
The Chairman said he thought the Board should have
it in writing, at least have a memo of what it is work-
ing on.
Mr. Sommers asked if the Executive Assistant would
1:0
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attend all the meetings of the Board and asked about
the relationship with the sciools, library and other
departments.
The Chairman explained that the School Department
is separate and the library comes under the Library
Trustees. He also explained the operation of the
Police and Fire Departments. He said there would be
no engineering problems as these would come under the
Engineering Department .
The Chairman stated that the Town is by and large
nonpolitical and explained the makeup of the Board end
the terms of its members .
Mr. Sommers asked about the salary and the Chairman
asked what he had been working for.
Mr. Sommers replied that in Franklin he was getting
$11,000 and when he took the position at Bensalem, it was
$15,000.
The Chairman said the Board has set up a ataxy
between $8,910 to #10,530.
The Chairman asked if Mr. Sommers was in effect
Town Manager, and he replied in the affirmative. He
said he has never been anything but a first manager
and could not come for the money available.
The Chairman asked if he would want $11,000, and
he replied that he would want $12,000 or S13,000.
The Chairman said the Board would take his appli-
cation under consideration. He asked if Mr. Sommers
was available, and he replied in the affirmative.
Mr. Somers said he assumed the Town would take
care of the cost of the moving expenses .
The Chairman said this is something new to the
Board and a policy has not been established.
Mr. Sommers asked if the Executive Secretary would
have to live in Lexington and the Chairman replied in
the negative. He said he should live close enough to
be available.
The Chairman asked if Mr. Sommers had experience
in centralized purchasing and he replied in the affirma-
tive and said he had four years ' experience as personnel
director. He also spent a considerable amount of time
in property management.
The Chairman told Mr. Sommers to send the Board a
bill for his transportation and expenses and said the
Board would let him know its decision.
Mr. Sommers retired at 9:55 A.M.
Mr. John H. Harding, Weston, met with the Board,
Executive relative to the position of Executive Assistant.
Assistant Mr. Harding said he did not know much about what
it is the Board wants .
II
The Chairman asked his age and he replied 58.
The Chairman explained this is a new position,
and the previous incumbent left for another position.
He explained that when he came here, the position was
not set up. He said, however, since that time it has
become apparent there are several fields the Board
wants covered. He said there is a new salary and wage
schedule and the Board wants someone familiar with per-
sonnel to follow it up and see that it works. The
Board wants general supervision and coordination of the
various departments. He explained that the Public
Works Department has water, sewer, etc. , and is operated
by one department head with a foreman. There are other
departments some directly under the Board andsome not
under the Board at all. He said the Board wants some
coordination and it will take tact. He explained that
the Board also wants to start a centralized purchasing
system.
Mr. Harding said it was through Mr . Carter, Execu-
tive Secretary in Weston, that he heard about this posi-
tion, and he thought he was well qualified. He said he
was formerly a partner in the firm of Harding, Harding
and Buchanan.
The Chairman explained that an engineering background
is not necessary. He asked if Mr. Harding had any ex-
perience with land acquisition, and he replied in the
affirmative.
The Chairman explained that work has been done by
Town Counsel which is not the proper place for it.
Mr. Richards asked if Mr. Harding had experience
with personnel, and he replied in the affirmative,
stating that he did all the interviewing.
Mr. Richards asked how many employees he had and
he replied 125.
He explained the work was public buildings, schools,
hospitals, highways, water supply and sewer systems.
Mr. Harding asked if this position would require
that the individual appointed live in Lexington, and
the Chairman replied in the negative.
The Chairman asked if Mr. Harding would be immediately
available, and he replied in the affirmative. He said
he is trying to sell his house.
The Chairman stated that the salary range is $8,910.00
to $10,530.00.
The Chairman explained that this is a position re-
quiring firmness but because of the political setup, it
will require tact.
Mr. Harding said he thought he could handle it very
well.
132
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The Chairman explained that the Executive Assistant
has no legal standing at all.
Mr. Harding said he would report directly to the
Board, and the Chairman explained he would be the Board' s
agent . He said the Board would probably have a written
memorandum of the duties.
Mr. Harding asked if the Board would let him know
its decision, and the Chairman replied that the Board
has to make up its mind.
Mr. Harding asked if he would be advised within a
week, and the Chairman replied in the affirmative.
Mr. Harding retired at 10:05 A.M.
Mr. John Carnoll met with the Board and further
discussion was held relative to the items in the Recre-
ation budget .
It was agreed to eliminate the Soccer program and
have the budget refigured and Mr. Carroll was asked to
Recreation obtain more infcrmation on the Estabrook facilities for
budget the next regular meeting, Tuesday.
Mr. Carroll was also requested to o tain a plan for
the development of the Harrington School land.
Mr. Carroll retired at 11:20 A.M.
Mr. Charles M. Evans met with the Board.
The Fire Department Personal Services budgets were
discussed further and the Chairman reported that the
Chairman of the Board of Fire Commissioners said they
Fire Depart- would go along without the two new men.
went budget Mr. Richards said if the schedule, as proposed,
goes through, the Board should adopt a policy no
employees being hired without approval of the Board
of Selectmen.
The Law Department budget was held over until
the next regular meeting cf the Board.
Mr. Evans was authorized to check the rates and
extensions of all Personal Services budgets.
Further consideration was given to the Board of
Appeals Personal Services budget.
Board of Mr. Evans reported that the budget, as submitted,
Appeals ' is based on the maximum of S-5 at $2.22 an hour. His
budget recommendation is S-3, $2.05 an hour.
Mr. Richards said the Board had already agreed on
S-3, $2.05, and it was the opinion of theBcard that the
Chairman should so advise Mr. Nickerson, Chairman of the
Board of Appeals.
The meeting adjourned at 12:05 P.M.
A true record, Attest:
e tive( lerk(, Select7a
SELECTMEN'S MEETING
January 29, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Tuesday, January 29, 1963, at 7:30 P.M. Chairman Adams,
Messrs. Richards, Cole, Burnell and Brown were present.
Miss Murray, Executive Clerk, was also present.
Chief John W. Rycroft introduced Mrs. Anne T. Gelinas,
33 Fottler Avenue, an applicant for theposition of Police-
woman.
The Chairman reported that Mrs. Gelinas had been
employed in the Public Works Department for several Appointment
years.
Mrs. Gelinas stated that she has a car and that
her mother would take care of her youngest child, and the
others would be in school.
Mrs. Gelinas retired at 7:40 P.M.
Upon motion duly made and seconded, it was voted
to appoint Mrs. Anne T. Gelinas a Policewoman for school
traffic duty, the date for her to assume her duties to Dog Officer
be determined by the Chief.
Chief Rycroft returend to the meeting and Mr. Brown
asked if he had anything to report relative to the Dog Dog Officer
Officer. The Chief said he would liktto have Officer
Forten meet with the Board next or the following week.
Chief Rycroft retired at 7 45 P.M. , and Mr. John
Carroll met with the Board.
Mr. Legro mentioned the warrant for the Annual
Town Meeting, and it was agreed to go over the proposed Articles
articles on Thursday, at 1:00 P.M.
Mr. Legro reported that four petitions have been
received for assessment of damages in the dump site and
stated th_t no work has bean done by way of appraisals.
He said he thought something should be done Appraisals
The Chairman said this is beyond asking for a fee dump site
and is for damages .
Mr. Richards asked if the appraisal would be only
for those who have the assessment of damages or for the
whole site
Mr. Legro replied that something should be done
fairly soon as two are returnable February 4 and two
March 4. He said he should have something to go on to
134
establish a value, and if there are to be negotiations ,
there should be an appraisal.
Mr. Legro was authorized to have an appraisal
made whenever he feels he needs one.
Letter, dated January 21, 1963, was received from
Articles the Planning Board listing eight articles to be included
in the warrant for the Annual Town Meeting.
Mr. Legro referred to bids received for the New
Girlst Dressing and Locker Room Building at the Center
Playground.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discus-
Executive sing, deliberating or voting on a matter which, if made
Session public, might adversely affect the public security, the
financial interest of the Town, or the reputation of
any person.
Following report from Mr. Legro and a discussion
relative to the bids, it was voted to resume the open
meeting.
The Chairman read a letter from James C. Mallen,
Contracting Officer, United States Air Force, Bedford,
with reference to the new schedule of water rates effec-
tive May 1, 1962. Rdtresentatives of the Air Force would
like to meet with the Board and discuss those parts of the
Air Force revised rate that are causing them difficulty
water rates The Chairman reported that in his conversation
with General Terhune, he asked that he submit in writ-
ing what he wanted.
Mr. Carroll reported that he called Mr. Stevens
who suggested that the Board write and make it clear that
it wants the two contracts discussed separately; that it
would discuss the old contract and explain, under the
terms of the new contract, the Board would not give them
any information because the contract does not call for it
It was agreed to refer the letter to Mr. Stevens
for reply.
Mr. Mercurio Dankese's request for an offer of
settlement of damages to property at 87 Lincoln Street
was held over.
Mr. Carroll presented a plan and reported on the
meeting last Thursday with a group of State officials
Route 2 & relative tothe interchange just south of Route 2 and
Spring St . Spring Street. He said that he understood the ramp
the Town requested, going in an easterly direction onto
Route 2 is definitely out , and most of the meeting was
about the design the State has and how it could be im-
� r
cfj 5�
11 proved. He said one of the suggestions made was to ask
the State if it would permit a gate to be placed across
the twenty-five foot connector road an the answer was
that if the Town so requested, they would go along
with something like that. He said the possibility of
eliminating the Concord Avenue connector by having the
ramp come on the inside of the hill or having it come all
the way around outside of the hill. Mr. Hue, the State
Engineer, suggested that instead of having a temporary
barrier that perhaps the traffic could be eliminated by
no right turn on Spring Street going towards Lexington.
Since then, Mr. Caleb Warner's group has writte a letter
to the Planning Board in which they suggested f ur alternatives.
One was a deadend on Concord Avenue beyond Benj min Road;
two, that Old Shade Street be left alone and th State
permit temporary access to Route 2 and open the median
strip on Route 2 as an emergency opening; three a similar
type of emergency access at the end of the culd sac and
four, that the Concord Avenue connection be lef a gravel
road. He said his feeling was that the people in the
area would be protected if the no right turn was made and
then eliminating the connector Bl.
Mr. Warner said these suggestions represent the
opinion of fifty-five families, and the people on Benjamin
II
Road are generally in favor. He said the fifty-five
families who presented this plan are against any zoning
that may come up in this area until it is
cleared up..
Mr. Carroll reported that the State will proceed
with this design unless it heard from the Town, and a
decision will be made within two weeks.
Mr. Carroll said if it is the Board's opin_on
that there should be two means of getting into the area,
a temporary road is not satisfactory. He said he has
seen this type of arrangement and when the time comes
for the gate to be used, it is locked, the road is not
plowed out or is impassable.
Mr. Warner said that Old Shade Street would have
to be maintained, and that is a private way.
The Chairman said this subject would be in4].uded in
the agenda for a decision next Monday night .
Mr. Warner retired at 8:45 P.M.
The Chairman read a letter from Mr. H. Sta.aley
Cullington, 11 Smith Avenue, asking the Board t,)
advise him why sand was not placed on the street the
morning of January 18. Sanding
Mr. Carroll reported that by the time the Letter
was received, the street had been sanded.
136
It
The Chairman said he would reply to Mr. Cullington' s
letter.
The Chairman read a letter from F. Roy Milton,
Assistant General Manager of the Middlesex & Boston
Street Railway Co. , stating that on Janu:,ry 18 the
buses could not move on several streets because of
Sanding icy conditions.
Mr. Carroll explained that the Department has been
sanding major streets, secondary street and then areas .
He plans to try and do the hills and intersections first
and then go back to the areas. He said he would work
something out with Mr. Milton .
Further consideration was given to Mr. Walter T.
Gavan's request for permission to move a house from
140 Cambridge-Concord Turnpike to Eldred Street .
Permit to Mr. Carroll reported that he with Mrs.
move house Gavan this past week and he understood that an
alternate route, going through the Air Base and out
onto Hartwell Avenue was being worked out. The Chief
and Mr. Carroll measured the house and the road and
Mr. Carroll said he was opposed to moving it during
the day. The Chief is opposed to moving it at night .
Mr. Carroll said with the snow on theground, it woi1d..
be impossible for a car to get past the house.
It was agreed th advise Mr. Gavan that, as a result
of Mr. Carroll's conversation with Mrs. Gavan,. it is
presumed that an alternate route is being worked out.
Letter was received from the State Department of
Public Works tentatively approving 4i22,900 for Chapter 90
Dh.apter 90 Construction and $1500 for maintenance. Mr Carroll
stated that he would like an appropriation of at least
$50,000 for construction.
Pole The Boston Edison Company's request for a pole
location location on Locust Avenue was held over .
The Chairman read a letter from Mrs. Robert
McDonough, 61 Dexter "oad, stating that the roots of
Sewer a tree on town property blocked the sewer system into
her house causing the sewage to back up. Enclosed
was a plumbing bill in the amount of $46.25.
Mr. Carroll stated that he did not think the Town
should be expected to pay it, and the Board agreed.
Mr. Carroll reported that there has been a number
of frozen meters and he has charged $1i .00 for repairing
a frozen meter and he felt a flat charge of $15.00 should
111
be made of the actual cost of repairinE„ the meters. He
reported that in every instance, it has been the fault Frozen water
of the ?ane owner because the meters were not protected. meters
Upon motion duly made and seconded, it was voted
to adopt a policy of charging the actual cost of repair-
ing frozen water meters.
The Chairman reported that there is a large shelter
sign on the front of Cary Memorial Building.
Mr. Cole explained that it is a State Civil Defense
sign indicating that the building is a shelter. Civil
The Chairman objected to the looks of the sign Defense
and said he though the Board should have been advised Shelter sign
before it was placed there.
Mr. Burnell suggested that Mr. Uarroll work some-
thing out with Mr. Burrell.
Mr. Carroll retired at 9:05 P.M.
Mr. Charles M. Evans met with the Board and re-
ported that he has gone through the personal services
budgets for extension3of figures as well as the rates
and presented each member of the Board with a printed Budgets
report of his findings. He explained that man y of
the errors are due to the fact that there was a mis-
understanding in the departments as to how to proceed.
It was agreed to submit a letter to the department
heads, whose budgets were found to be incorrect, to-
gether with a memorandum prepared by Mr. Evans . Mr.
Evans agreed to prepare the letter to be sent out.
The Chairman reported that Mr. Clarke, Chairman of
the Appropriation Committee, felt very strongly that the
recommended increase in the Board of Assessors' budget
should not be put into effect. He said that the delay Assessors '
in getting the tax bills out cost the Town $17,000. Mr. budget
Clarke questioned how an increase could be recommended
for a department where the work was not done and resulted
in a substantial cost tothe Town.
Mr. Cole said that the increases are not recommended
for the personnel but for the position.
Mr. Evans explained that the recommendation was
3-19 and if the incumbent belonged to an Association,
S-20 was recommended. He said the additional grade
could be withheld.
It was agreed to invite the Board of Assessors to
meet with the Board next Monday; the Chairman to make
it clear that the Clerk should not be invited to attend.
The Board of Fire Commissioners met with the Board.
138
4717
CIO
The Chairman reported that the Selectmen had not
approved the amount in the personal services budget for
two new privates and reduced the request for Inspection
and Extra Duty to $8,000. He explained that the holi-
day pay had been refigured and the correct amount for
the budget is now $267,550.00.
Mr. Evans said the amount requested for paid holi-
days was $8,947.70 and he recomputed it at $5,931.00.
He referred to the supporting statements by the Fire
Commissioners that the increase was due to the dis-
cussion which they had with him. He recalled the
discussion and said he did not remember that such a
conclusion was arrived at, and proceeded to explain
the method used in arriving at his figure. He said
he did not think the Town should be expected to pay
more than twenty-four hours for one post on a holidyy
Mr. Fitzgerald reported that about two months ago,
the Commissioners asked the privates to form a committee
to meet with the Commissioners monthly. One of the re-
quests that came to the Commissioners, the committee
representing both privates and officers, was for a 50.4
hour work week. The request was discussed and the
Commissioners pointed out that this should have been
brought before the Board of Selectmen in October or
November, that the budget had been submitted, and as
a Board the Commissioners were not going to change the
budget requests. However, the department as a whole
submitted in writing a request to the Commissioners,
with the approval of the Chief of the Lepartment, that
this be brought before the Board of Selectmen. He
stated th ►t every man in the department, with the ex-
ception of the Chief, has signed a request for a 50.1.E
hour work week. The Chief has signed approval and
knowledge that this is being submitted to the Board of
Selectmen. Mr. Fitzgerald explained that if this is
put into effect, it will require six additional men to
complete the nine man shift . With the proposed schedule,
the men will work three days from eight in the morning
until six at night. He said the Commissioners would
bring the petition and the work schedule in for the Board
and stated that one of the reasons for the privates com-
mittee is because of talk about a union.
Mr. Evans explained that the present rates are com-
parative With towns where the prevailing work week is
fifty-seven hours.
Mr. Richards asked when a union would negotiate with,
and said that neither the Selectmen nor the Commissioners
had the authority. He said he wondered how a union
would work in a town where themembers have to go to a
Town Meeting for their money.
I
Mr. Fitzgerald asked the Board to send the Fire
Commissioners a letter on the paid holiday policy.
The Chairman referred to the Fire Commissioners'
capital outlay request . Fire Dept.
Mr. Fitzgerald reported that two years ago, they Capital
had a motor job done on Engine #4 and a little over a Outlay
year ago they decided to request a replacement of Engine
#5 and continue to use #4 because so much money was spent
on it. He said that is why Engine #I} is in for replace-
ment now. He reported that Diamond T is going out of
business, being moved out by the toll road and therefore
Parts will be difficult to obtain. He said the hand
pump is a 1945 pump and the last time they had to send
to Chicago to have it rebuilt . He stated that the Com-
missioners feel Engine #4 at the present time is a second
line piece, mainly a brush fire wagon. He said the Com-
missioners would be willing to go along for another year
and try to get by.
Mr. Richards said White bought out Diamond T and he
would check as he thought they could guarantee partsffr
five years.
The Board of Fire Commisioners and Mr. Evans re-
tired at 10:50 P.M.
' Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on January 21, 1963.
Letter was received from Mr. Alan Wade, 524 Concord
Avenue, referring to problems involved in rebuilding
Route 2 and the problems involved in the proposed Spring Route 2
Street rezoning.
The Chairman suggested that Mr. Wade be informed
that the Board has discussed the subject with Mr. Caleb
Warner and insofar as endeavoring to resolve the pro-
, blems through Washington, the Board would co-operate in
any way possible .
Law Department budgets were held over until the Law budget
next meeting of the Board.
Invitation was received from the Lexington Detach-
ment of the Marine Corps League inviting the Board to
attend Installation of Officers on February 9.
Mr. Cole agreed to represent the Board.
The Chairman read a letter from Carolyn Frocks,
1765 Massachusetts Avenue, rega ding the sign which
140
the Board advised her was in violation of the Historic 11
Districts Act.
Sign It was agreed to advise them to apply immediately
for a hearing with the Historic Districts Commission.
The Chairman read a letter from the League of Women
Voters stating that figures indicate five of the six
precincts will require additional voting machines by
Voting the next general election inNovember, 1961 .
Machines The Chairman will advise the League that the
Board understands the situation and believes that
an article for additional voting machines will be
included in the warrant for the 1964 Annual Town
Meeting and that the machines will be available for
the November election, 1961..
The Chairman read a letter from the Planning
Board with reference to Mr. Alfred P. Tropeano's let-
ter of January 4, suggesting the extension of Worthen-
Worthen Road. The Planning Board has included thesame ex-
Road tension in its study plans for some time but no detailed
location or construction study has been made for the
reason that other matters have been considered more
urgent
It was agreed to send a copy of the letter to Mr.
Tropeano.
Letter was received from Mrs. John M. Reed, 92
Parking North Street, relative to parkin meters installed
meters in the municipal parking lots.
The Chairman is toadvise Mrs. Reed that before
making the decision to install meters in the parking
areas, the Board carefully investigated the situation
and thoroughly discussed the phase of abuse of the
areas and the evidence did not seem to warrant any
other solution than the installation of meters.
Letter was received from Noel G. Posternak, re-
questing permission, on behalf of Temple Emunah, to
Temple conduct a Country Fair on Sunday, April 21, 1963.
Emunah Fair There would be approximately thirty booths set up on
the property and an auction of all merchandise not sold
by six o'clock.
The Chairman said he would acknowledge the letter
and tell Mr. Posternak that the Boyd would prefer
that the activities be confined to the afternoon.
Letter was received from Mrs. C. R. Smallman
requesting permission, on behalf of the Committee of
Troop #29, Battle Green Neighborhood Girl Scouts, for
11
permission to sell the 13-star United States flag on
April 19. April 19
Upon motion duly made and seconded, it was voted
to grant the request.
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Licenses
Ronald Fracas Taxi Driver
V. Donald Foster It 't
Robert Thomas Bancroft tt
Trinity Pharmacy Common Victualler
Upon motion duly made and seconded, it was voted
to accept with regret Mr. Leo Po3lawskis resignation Resignation
as a member of the Town Celebrations Committee.
The meeting adjourned at 11:10 P.M.
A true reoord, Attest :
ec ivevCler Select n
e c
142
altC-
SELECTMEN'S MEETING
Streets
January 30, 1963
The Board of Selectmen held a hearing in Esta-
brook Hall, Cary Memorial Building, on Wednesday,
January 30, 1963, at 8:00 P.M. Chairman Adams , Messrs .
Cole, Burnell and Brown were present. Mr. Robert
Higgins, Assistant Town Engineer, and Miss Murray,
Executive Clerk, were also present .
The Chairman called the hearing to order and intro-
duced Ha.explained that the hearings are
held for the purpose of making and establishing layouts
of the streets to be presented to the Annual Town Meet-
ing in March. He reported that notices of the Board' s
intention to pass orders for the extensions, layouts,
and relocations, if any, were served by Constable to all
property owners as they appear on the most recent tax
list. He explained that each property owner would be
given an opportunity to see the plans and to register
opposition or favor if they so desired. He emphasized
the fact that the final decision as to whether or not
these streets would be accepted would be made by the
Town Meeting Members at the Annual TownMeeting to be
held March 18, 1963.
The first street taken up was Alcott Road from
Alcott Burroughs Road 1546' westerly to Thorear Road.
Road No one wished to be recorded in favor or in op-
position and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Baskin Road from Loring Road 1393 feet .
Baskin Road No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open uponnotice of intention
to lay out Bowser Road from Daddle Club Road a distance
Bowser Road of 966 feet southerly to Todd Road.
No one wished to be recorded in favor or in oppo-
sition and tie hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Brown Road from Burnham Road 648 feet easterly.
Brown Road No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
I .
No one wished to be recorded in favor or in oppo-
sition and the hearing was declared clsed.
Hearing was declared open upon notice of intention
to lay out Ross Road from Paul Revere road 956 feet to
Oxbow Road. Ross Road
No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearingwas declared open upon notice of intention
to lay out odd Road from Grant Street a distance of 750
feet easterly Todd Road
No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Mr. Franklyn Crosby, 8 Freemont Street, asked what
the cost would be and Mr . Higgins replied that the esti-
mated ctst..is $10.00 per foot and this street would come
up later
Hearing was declared open upon notice of intention
to lay out Ames Avenue from Carville Avenue 600 feet
easterly to Baker Avenue . Ames Avenue
Mras E. T. Berglund, 5 Tavern Lane, said she was
executor under the will of Dorothy VanGemert, late of
63 Baker Avenue. She said some years ago sewer was
put in the street, now drainage and water . She ex-
plained that the property is at the corner of Baker
II and Amen Avenue and has been in the same family for
many years. She said each time the betterments were
put through, the slope was cut and asked if the Town
intended tobuild a retaining wall.
Mr. Higgins explained that construction plans would
not be available until after the street is accepted by
Town Meeting and the department has had an opportunity
to make a survey He explained that when final plans
are prepared, the grade of the road will be determined
and usually the Town tries to avoid building walls.
Mrs. Berglund stated that the road has dropped and
the bank has remained up and needs some kind of a wall
She asked if the shrubbery would be replaced and Mr.
Higgins replied in the affirmative
The Chairman asked if Mrs. Berglund was requesting
a retaining wall and she replied in the affirmative.
No one else wished to speak and the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Drew Avenue from Bow Street a distance of
146
270 feet westerly to Cliffe Avenue.
Drew Avenue No one wished to be recorded in favor or in oppo-
sition
and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Eastern Avenue from School Street 1135 feet
easterly to Fairland Street.
Mr. Frederick Koury, 26 Eastern Avenue, said part
of the street is completed and he assumed drainage and
sewer would be installed.
Mr. Higgins stated that sewer is in and drainage
will be included.
Mr. Arthur DeLisle, 42 Eastern Avenue, asked when
the assessments would start.
Eastern The Chairman said betterments would not be assessed
Avenue until next year.
Mr. Higgins explained that the bills go out six
months after the construction . He stated that some
of the land on Eastern Avenue is registered land and
if Mr. DeLisle had dealings with the Land Court , his
land is registered. He stated that if it is in the
Land Court, the betterment is recorded against the
certificate and if it is in the registry, it is re-
corded against the land He explained the betterment
would be recorded within a month after the Town Meeting
which would be some time in April and he would not re-
ceive
a bill until December.
Mr. DeLisle asked if the legal responsibility
would be in April.
Mr. Higgins stated meat in the Land Court, it
would be against Mr. DeLisle and in the registry, it
would be against the property.
Mr. DeLisle asked what the significance was, and
Mr. Higgins replied that thereis no legal significance
and if Mr. DeLisle sold his property, he would have to
take care of the betterment either way.
Mr. Arthur Casavant, 1 Frances Road, said the
drainage on Frances Road seems to be a gravity type.
He said he lives on a corner and wanted to know what
would be done to assure that the road is blended in.
He asked how his land would be protected
Mr. Higgins explained that in building one street,
provisions are made for all side streets coming in .
He said if necessary catch basins would be used, but
that the actual construction plans would not be avail-
able until June .
Mr. Casavant said he was concerned about the drain-
age running in front of his property and stated that the
water flows right into Eastern Avenue.
Mr. Higgins said the drainage would not be blocked
off and no water would be thrown on Mr. Casavant 's property.
11 Hearing was declared open upon notice of intention
to lay out Burroughs Road from East Street a distance
of 2253 feet northerly and weste ly to Thoreau Road. Burroughs
No one wished to be recorded in favor or in opposition Road
and the hearing was declared closed
Hearing was declared open upon notice of intention
to lay out Constitution Road from Oxbow Road 937 feet
easterly and southerly.
Mr. Theodore E. Lannefeld, 2L Constitution Road,
inquired about the construction of sidewalks.
The Chairman explained that sidewalks are not part
of accepting the street and said he believed in the new
Subdivision Rules and Regulations of the Planning Board,
sidewalks are now a requirement. Constitution
Mr. Leo Poplawski, 11 Oxbow Road, asked if this Road
was just a matter of acceptance by the Town and if the
strefit met specifications.
The Chairman explained that is according to the
Subdivision Rules and Regulations which have the same
specifications as town streets and no betterments would
be charged.
No one else wished to speak and the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Cooke Road from Douglas Road 1540 feet to
Fulton Road. Cooke Road
Mr. Carl Berger, 18 Cooke Road, asked if any addi-
tional improvements or other charges would be made.
The Chairman replied this is a subdivision road
and there mould be no charges.
Mr. Harry K. Goldstein, 7 Cooke Road, said he
wanted to akk about sidewalks on Cooke Road, trees
and "go slow" signs.
The Chairman explained this aoes not come under
the acceptance of the streets and suggested that Mr.
Goldstein write the Board of Selectmen. He explained
that betterments are charged for sidewalks
No one else wished to speak and the hearing was
declared closed.
Hearing was declared open upon notice _ of intention
to lay out Douglas Road from East Stret 2191 feet
easterly. Douglas Road
No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Fulton Road from 170 feet north of Rolfe Road Fulton Road
a distance of 655 feet northerly to Douglas hoad.
144
MC
Co
No one wished to be recorded in favor or in oppo-
sition
and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Freemont Street from Constitution Road a dis-
tance of0
,� 3 feet northerly.
Mr. Warren S. Little, 67 Freemont Street, asked if
the sidewalk rule applied to Freemont Street and inquired
Freemont about curbing without the sidewalks.
Street Mr. Higgins explained that there is a piece of
granite curb in there that was installed to control the
drainage. He said it did not mean that sidewalks will
be put in there.
No one else wished to speak and the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Jeffrey Terrace from Demar Road a distance
Jeffrey of 378 feet easterly.
Terrace No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Lillian Road from 240 feet south of Anthony
Lillian Road a distance of 232 feet southerly.
Road No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Oxbow Road from Revolutionary Road 2030 feet
northerly.
Mr. Leo Poplawski, 14 Oxbow Road, asked if this
was a matter of accepting the road and if it met specifi-
Oxbow Road cations.
The Chairman explained it was constructed under the
subdivision control and the builder was required to put
in the road according to town specifications . He said
no betterments were to be charged as in theory the de-
veloper pays all the cost .
No one else wishdd to speak and the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Roosevelt Road from 200 feet west of Wilson
Roosevelt Road a distance of 128 feet westerly.
Road No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Saddle Club Road from Grant Street a distance
of 938 feet easterly.
fir.
Mr. Gordon E. Masters, 4 Frances Road, asked if
curbing would be installed on Eastern Avenue.
Mr. Higgins stated that it is the policy to put
curbing in on anything over a 6% grade, and Eastern
Avenue is about 10%, so there will be curbing on most
of Eastern Avenue. He said at the end of School
Street there is a piece of less than 6$ and no curbing
will be placed there. He said he was fairly certain it
would be bituminous curbing and it would go all the way
up the hill.
Mr. Herbert McConchie said he has property at the
corner of Eastern and Deering Avenue and on Eastern
Avenue he has 104 feet. He asked if the betterment
would be against that 104 feet.
Mr. Higgins explained that the theory on corner
lots is that the Town can assess both bides of the
property. However, in Lexington the property owners
pay only on the longer frontage.
No one else wishing to speak, the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Freemont Street from Cedar Street 1290 feet
southwesterly to Battle Green Village Development.
Mr. Stanley Hewitt, 19 Freemont Street, said there
is a storm drain that flows under his land and asked if
this drain would be eliminated. Freemont
Mr. Higgins replied that he was not sure in which Street
house Mr. Hewitt lived. He explained the main outlet
is a drain that runs through the West property at the
end of the unfinished portion, and it would be picked
up in the drainage and carried out .
Mr. Robert Hopwood, 48 Bellflower Street, asked if
Bellflower Street would be paved, and Mr. Higgins replied
in the negative
Mr. Hopwood said Freemont and Homestead would be
paved.
The Chairman explained that the Board had received
more than double the number of requets for streets
this year and it is simply trying to keep the tax rate
down and present the streets with the largest percentage
of signatures
Mr. Higgins stated that Bellflower Street would
definitely not be done this year.
Mr. Peter Grimes, 20 Freemont Street, asked about
the width of the street .
Mr. Higgins explained that the pavement will be
twenty-four feet and the sidewalk area will be eight
feet on each side, but that doesnot mean that side-
walks will be built .
148
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Mr. Grimes said the street would be accepted in
March and the worst time is in the spring. He asked
if the Town would thLn do something about the mud con-
dition.
The Chairman stated that the design engineering
has to be done after the Town Meeting and the Board
tries to do all the streets at one time, thereby
getting a better bid and it would not be done in the
spring.
Mr. Grimes asked if there was anything the Town
could do after it owns the street in March.
The Chairman said he would inquire about it but
he thought it was the policy not to do any work.
Mr. Walter W. Webber, 5 Elm Street, Stoneham,
asked the rate of assessment .
The Chairman explained that it is based on 40 per
front foot for each side of the street and this is
the maximum.
Mr. Webber said the house he owns is just about
on the street and when he heard about the twenty-four
foot width, he had visions of the lady living there
not having any front door steps; house #45.
The Chairman said as he understood it, the Town
is not taking any land. It is laid out and recorded
forty feet wide. The pavement will be twenty-four
feet.
Mr. Crosby said he had a seventy foot frontage
and that would mean it would cost him about S700.
The Chairman said that was the estimate.
Mr. Crosby asked if it was prorated.
The Chairman replied that he could pay it all
at once, or over a period of twenty years at in-
terest.
Mr. Manuel Souza, 33 Freemont Street, asked if
curbing would be installed in the section where he
lives.
Mr. Higgins explained that normally curbing is
put on anything over 6% and Freemont is not .
Mr. Souza said all the water goes down onto his
land.
Mr. Higgins said if it cannot be controlled by
curbing, catch basins would be installed.
No one elae wishing to speak, the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Manning Street from Bedford Street 505 feet
westerly to Milk Street.
Mr. Robert Strong, 11 Manning Street, said he would
like to go on record objecting to the per foot frontage
fee. He said in his case there is a ninety-four foot
frontage and six foot backage.
149
The Chairman said the betterment estimate is based
on a flat figure which has proved a good average over
a period of time and while the estimate is $10, it is
maximum. He explained there has to be some leeway Manning
in the event the job comes in high. Street
Mr. Strong asked if there were any exceptions, and
the Chairmanieplied that if he felt the betterment is
too high, he could always appeal to the Board of Selectmen.
No one else wishing to speak, the hearing was
declared closed.
Hearing was declared open upon notice of intention
to lay out Winter Street from Rangeway a distance of
44 feet westerly. Winter Street
Mr Walter S. Harrington pointed out his lot on the
plan and said it appeared to be 214 feet of frontage to
be assessed at $10 a foot. He said during 1962 he
spent a lot of time in this lot to make the subdivision
possible. He said at the time, from information made
available to him, he came to the conclusion that by
giving them land to make the street Coach Road, his
assessment would be on Coach Road rather than Winter
Street.
Mr. Higgins stated that Coach Road is being built
under the subdivision, but has not yet been built.
Mr. Harrington said part of the street is already
under construction, but there is no house on it. He
said the house would be on Coach Road.
The Chairman said this 1s a question that he would
have to ask Town Counsel. He said, as he understood it,
Mr. Harrington' s lot is facing one street being built
by Town standards and on the other side, the street is
being built under the Betterment Act .
Mr. Harry Sullivan, 38 Maple Street, said the lot
he owns he has owned for many years and paid taxes on
it. Now it looks as though he might as will give it
to the Town.
The Chairman asked him which lot he was referring
to, and Mr. Sullivan replied #9. He said the developer
came in here, got this lot and the Town permitted him
to build without frontage, and to give him a circle, the
Town is taking his lot.
The Chairman explained the policy is that the
culdesac is easy to plow in the winter and asked if
Mr. Sullivan wished to be recorded in opposition.
Air. Sullivan replied that he has paid taxes all
these years.
Mr. Brown asked if Mr.Sullivan had a buildable
lot and Mr. Sullivan replied in the negative.
The Chairman said it looked as though Mr. Sullivan
had frontage on a finished street and he would think
it would enhance the property.
150
Mr. Richard Tringale, 12L1 Winter Street, said he
lives across the street and has a forty-five foot lot
and gave up a good percentage of his frontage so the
Town would have a safety for the fire engine. He said
he has lived there four years and each year has been
unable to use his car because the water freezes from
the slope down to the base of his driveway. He said
the people spent time on this turnabout because of the
safety, and they want to be able to use the road. He
said they have $40,000 homes that look like $20,000.
He said it is essential that they have a road.
Mr. E. L. Cram, 120 Winter Street, said he was
on the end of the proposed culdesac and asked about
the grade.
Mr. Higgins explained that he would guess it at
about 3%.
Mr. Cram asked if there would be drainage in the
culdesac .
Mr. Higgins replied that it is the intent to put
the drainage in there and e.narry it out the whole of
Winter Street.
The Chairman stated that when the street is paved,
the necessary drainage for the road goes in too.
Mr. Cram said he owns lot #8, is on the end of the
culdesac and for the culdesac hewill.,have to give up
about 1200 feet and that he is agreeable to this.
Mr. Sullivan said that after paying taxes for
many years, he will now be assessed for this betterment
and the Town has taken his property. He asked if he
would be reimbursed in any way.
The Chairman asked if Mr. Sullivan had a buildable
lot.
Someone said Mr. Sullivan does not live there, has
a good buildable lot and asked why the other people
should have to suffer
Mrs. Dorothy Sullivan said it is unusual to put
a culdesac in a road where the road is continuing and
the Chairman explained that it would be h temporary
culdesac .
Mr. Nicholas Colette, 131 Winter Street , said
he ha- the most frontage on the street and is willing
to have the road put in with the turnabout with the
deadend because it means a good deal to the people
living there.
There being no further questions, the hearing was
declared closed and the meeting adjourned at 8:55 P.M.
A true record, Attest:
J�e
-EXectltiv , Clem, Select en
e
1J
SELECTMEN'S MEETING
February 4, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, February 4, 1963, at 7:30 P.M. Chairman Adams,
Messrs. Cole, nichards, Burnell and Brown were present.
Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present .
Miss Mary R. McDonough, Assistant Town Clerk, met
with the Board for the drawing of three jurors. The
following individuals were drawn for jury duty: John H. Jurors
Peterson, 9 Bowman Street; Joseph Robbatt, 38 Sherburne
Road, and Ezra L. Dunton, 35 Robinson Road.
Miss McDonough retired at 7:40 P.M
Mr. Legro stated that, by way of information,
he has found it necessary to rule against the Town
Celebrations Committee conducting the play itself in April 19
connection with the celebration planned for April 19.
He said he thought it had been understood.
The Chairman raised a question relative to the
inclusion of an article in the warrant for the Annual
Town Meeting requesting authority to transfer to Cabot,
Cabot & Forbes sufficient Town land on the easterly Cabot, Cabot
side of the right-of-way (at the dump site) to insure & Forbes '
that they have a parcel with a minimum area of five land exchang
acres. In exchange for this land, Cabot, Cabot &
ForbeB will grant the Town a release of damages for
the taking, the fee in the easement and title to the
area which abuts the westerly side of the easement
and owned by Cabot, Cabot & Forbes.
Mr. Carroll stated that he ha- to prepare a plan
and has discussed the subject with Cabot, Cabot &
Forbes. He said he did not think there would be any
difficulty
Mr. Legro said this is an exchange of land and
there may have to be two articles .
Mr. Legro referred to the article to provide for
a committee to retain professional services and pre- Museum
pare preliminary plans, specifications and cost esti- Article
mates for the construction and equipping a building
/
for a Town museum,and reported that he could find no
authority for a Town to appropriate any money or erect
a museum, and he thought serious consideration should
be given to the subject before an article is included
in the warrant.
Mr. Cole asked if an Act of legislature was neces-
sary, and Mr. Legro replied that he thought one would
be needed.
The Chairman said he thought that would take care
of it for this Town Meeting.
Museum It was unanimously agreed not to include an article
pertaining to a museum in the warrant for the Annual
Town Meeting.
Mr. Legro reported that he has the same concern
Fencing about the change in the Building By-Laws with reference
pools to fencing swimming pools and said there is no inherent
authority delegated by the legislature.
Mr. Legro referred to a letter received from the
Town Meeting Members Association requesting an article
on tax exemptions to give the Town Meeting an oppor-
tunity to ask the Board to memorialize the General
Court so that the General Laws could be amended in towns
Memorializing where valuation is on a fair and full cash level, higher
Feneral Court exemptions would be allowed qualified applicants.
Mr. Legro questioned the value of such an article
and said this memorializing is a matter of presenting
a statement of facts which may form the basis of a
petition.
Reference was also made to the Associations com-
munication relative to publishing assessments.
The Chairman said he thought it was highly desir-
able but the figures presented were very rough estimates
and he questioned the way in which the Association sug-
gested handling the publication.
Mr. Legro said an article could be drawn, but it is
a matter of policy and what the Board wants.
Letter wan received from Mr. James J. Carroll, Town
Clerk, and Clerk to the Board of Registrars, to which
'Referendum was attached thirty-two pages of names containing 403
checked signatures of registered voters requesting a
referendum on the vote under Article 2 of the Special
Town Meeting, January 28, 1963.
The Board expects to call a Special Town Meeting
at its next regular meeting on February 11, to be held
on February 25.
` Mr. Carroll mentioned the fact that last fall the
Board wrote to the School Committee and asked that funds
be included in its budget to maintain lights at all of Street
the schools. He reported that the Committee has in- lights
eluded $3,000 in this year' s budget and therefore the
amount in the street lighting budget can be recuced by
$3,000.
Mr. Carroll stated that Old Westview Street goes
out towards Bedford Street and there is no one living
on it. He reported that complaints have been registered
about parking, and he said the street should be physically
closed off. Old Westview
It was agreed to close Old Westview Street off Street
as recommended by Mr. Carroll.
Mr. Mercurio Dankese 's request for settlement
of damages was held over.
Petition was received for construction of a sewer
in Foster ''`oac. Sewer
It was agreed to advise that funds were not in-
cluded in this year's budget and that the request will
be considered when the 1964 budgets are being discussed.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the order for the fol-
lowing pole, guy wire and anchor locations on Locust Pole
Avenue: locations
Locust Avenue, northerly side, westerly from a point
approximately 230 feet west pf Churchill Lane, --
2 poles . (Boston Edison) .
Locust Avenue, northerly side, westerly from a point
approximately 27 feet west of Churchill Lane, --/(3
Two poles; guy wire and anchor on second pole O)
Locust Avenue, northerly side, approximately 440 feet
west of Churchill Lane, --
One pole. (JW0) .
The Chairman read a letter from Harold Conant,
holder of a mortgage to the Temple Isaiah, in which
he referred to a request to sign a release to the
Town for an additional right of way for water mains.
Mr. Carroll reported thathe had discussed this
with Mr. Harold Stevens and explained that the Town
had an easement for a water main and at the request of
the Temple Isaiah, the water main and easement were re-
located. He said Mr. Stevens feels there is no problem
1 5
C-
and that the Town can make a new taking and does not have
to abandon the old easement . He explained that if there
is any problem, the Temple will have to buy any rights
that Mr. Conant has. He stated that Mr. Stevens is
working with Mr. Daniel Lynch, attorney for Mr. Conant ,
A group of residents in the Woodhaven area met with
the Board and Mr. Carroll explained why the Board decided
to postpone a request for funds to install sewer laterals
in the area until 1964.
One resident said that the group felt the health
situation is so bad that these things should be done
simultaneously.
Mr. Carroll explained that the Board has requests
Woodhaven amounting to $600,000, a large portion of which is the
sewer Woodhaven area.
The Chairman explained that the original policy is
to put the trunk in one year and the laterals the fol-
lowing year.
A resident asked why the sewer and laterals could
not be done at the same time, and Mr . Carrollapplied that
they could if the Board approved an additional $300,000.
He stated that he is familiar with the situation and he
originally proposed the trunk sewer . He explained that
the Board could not disregard the possibility of receiving
$170,000 in Federal aid, and therefore decided to wait
this year. He said he could have some preliminary engi-
neering done but would not recommend running a dry sewer
until grades weee taken.
One of the men said he thought a connection should
be made to the sewer the minute the sewer is ready to
be connected to .
Mr. Cole said the Board could forego obtaining
another petition.
Mr. Carroll =ported that he told Mrs. Howard the
petition would stand.
The Chairman said the Board would review the situ-
ation to see if it could get the time lapse out of the
way.
The group retired at 8:20 P.M.
The Chairman suggested appropriating money for
engineering services at a Special Town Meeting and said
this might mean that a contract could be let out in
April or May.
Mr. Edwin A. Hartley, 1027 N. Aighteenth Street ,
Allentown, Pennsylvania, met with the Board relative
Applicatt to the position of Executive Assistant.
Executive The Chairman said he understood Mr. Hartley has
Assistant recently retired from the military service, read his
55
letter and gave him the slary range. He explained the
position and what the Board would like the Executive
Assistant to do. He also explained the departments
under the Board' s jurisdiction, committees and Boards appointed
by the Selectmen and the elected officers
Mr. Hartley asked what support the Executive
Assistant would have by way of clerical help, and the
Chairman replied that he supposed at the moment it would have
to be as developed. He said the Board did not want to
add any mare help than is needed.
Mr. Hartley asked if the individual would hive to
live in Lexington, and the Chairman replied in the nega-
tive.
Mr. Hartley inquired about tenure , and Mr. hichards
explained that the board does not give a contract and
tenure does not apply except in the School Department.
The Chairman said the Board would let Mr. Hartley
know its decision and he retired at 8:35 P.M.
Mr. Albert Gray, Jr. , 406 Griswold Road, Wethers-
field 9, Connectinut, met with the Board relative to
the position of Executive Assistant .
The Chairman explained the position and what the
Board would like the Executive Assistant to do. He Applicant
also explained the departments under the Board' s juris- Executive
diction, committees and Boards appointed by the Sel otmen Assistant
and the elected officers.
Mr. Gray said he has had thirteen years ' experience
as Town Manager and started in Meredith, New Hampshire
as the first manager of that town. He left there after
two years and took a position at Old Orchard Beach then
went to Michigan for city experience. He started in
Wethersfield in 1954 and the population there is 23,000.
nt The- Chairman said he spoke to Mr.Gray about the
salary range and at the time, he said he would like to
get close to $11,000.
Mr. Gray said that was correct.
Mr. Richards asked if he lived in Wethersfield, and
he replied in the affirmative stating that he owns his
house and has three children. In answer to a question
he said he was forty-two. He said he would need thirty
days to take care of his present business which is real
estates,
The Chairman said he thought the appointment would
take effect some time after the March Town Meeting.
Mr. Gray said he would not plan to move his family
until school closes, and the Chairman stated that the
Board would not require him to live in Lexington.
Mr. Gray retired at 8:55 P.M.
I
156
mr
Mr. Anthony Busa met with the Board and presented
a definitive plan that he intends to submit to the
Planning Boa d, but said he had to decide where he is
to connect to the sewer He said he wanted to connect
with the sewer into the MDC manhole which will serve
Sections 8 and 9 in the future.
Mr. garroll explained that this would cost the
Town money when the relief sewer is built, possibly
Buse sewer $10,000. He said the other way would be to connect
connection into the Town sewer at Lillian Road.
Mr. Busa said he wanted to know if the Town would
reimburse him for the difference of the cost.
Mr. Carroll estimated the difference in cost would
be approximately $1,000.
The Chairman said the Board would discuss the subject
promptly and let him know.
Mr. Busa retired at 9:03 P.M.
Mr. Carroll said permission could be obtained from
the M.D.C .
Mr. Richards said he thought each case that comas
up will be different, and it is definitely known that
the relief sewer will be constructed. He said it may
be that the Board will have to consider each connection
and find in some instances that it will be less expensive
to the Town to participate in the cost or even avoid con-
necting to the main sewer.
The Chairman said he would tell Mr. Busa that the
Board will give him a decision next Monday.
Mr. William Seabrook, 303 Woburn Street, met with
the Board and said that two years ago, the Richards
Board of Lumber Co. Inc. , obtained permission from the Board of
Appealst Appeals to operate a building supply business. There
violation was to be no manufacturing, cut boards of do anything
They were not t'o have any machinery in the building
and have violated every restriction. He said a year
ago, they were before the Board again, at which time , he
was present at the hearing and registered in opposition.
He said at that time, they denied they had power machines
He stated that Mr. Irwin saw the machines but never saw
them in operation. He reported that Mr. Nickerson told
them they were not to use the machinery or pile lumber
in the yard, but they still do. He said they are not
supposed to operate before nine but start at six in the
morning. He said they use the drive at the side of
his house and the man who owns the lumber company is a
relative of Mr. Currier and Mr. Green is an owner of the
lumber company,
The Chairman asked if Mr. Seabrook wanted enforce-
ment, and if it became necessary, would he be a withess
1,517
Mr. Seabrook replied in the affirmative.
Mr. Seabrook retired at 9:15 P.M. and it was de-
cided to request the Building Inspector to submit a
report.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on January 26, 29 and 30.
Upon motion duly made and seconded, it was voted
to grant the St. Brigid's Holy Name Society permission Permit
to operate a booth at the east corner of Depot Square
on April 19, 1963.
Upon motion duly made and seconded, it was voted
to approve payment of travel costs in the amount of
$37 incurred by William A. Sommers, an applicant for
the position of Executive Assistant.
Upon motion duly made and seconded, it was voted
to appoint Mr. John J. Rudd, Jr. , to the Town Celebrations
Committee for an unexpired term ending April 30, 1964 to Appointment
fill the vacancy caused by Mr Leo Poplawski ' s resignation
11 Upon motion duly made and seconded, it was voted
to appoint Mr Robert H. Farwell an Associate Member Appointment
of the Board of Appeals for an unexpired term ending
March 31, 1963; Mr. mdward Martin having declined the
appointment .
Mr. Burnell suggested that the Board request the
Planning Board to submit a list of names as possible
appointees to the board of Appeals.
Letter to the Board of Fire Commissioners relative
to Personal Services budget was held over . Fire Dept
budget
Decision relative to the Law Department budgets
was held over. Law budgets
The Planning Board and a group of residents from
the Five Fields area met with the Board relative to
the proposed relocation of Route 2 - Lexington Inter-
change
Mr. Mabee presented the members of the Board with
a draft of a letter to be sent to the State Department
of Public Works in which reference was made to Scheme
One and Scheme Two, both of which were explained by Mr. Relocation
Carroll. of Route 2
Mr. Mabee reported that the Planning Board feels
that Scheme One is by far the better plan and Scheme
Two is better than what the State proposes.
158
3r
Mr. Caleb Warner, speaking for fifty-seven
families in the Five Fields community said they had
no chance to see any of these schemes with the Plan-
ning Boardy_€ nd he would like to enter his Scheme #1
deadending Concord Avenue and providing some emergency
access through Old Shade Street or from Concord Avenue
onto a culdesac He said the Planning Board's Scheme
One is his Scheme Two. He said the group was present
this evening to say that they are definite and unanimous
in their feelings about this matter and are dead set
against the Planning Board Scheme Two. He said the
"right turn" sign would last about a year and pressure
would be brought to have it eliminated.
Mr. Carroll said this would be a permanent solution
and not a temporary one.
Mr. Mabee said that the Planning Board is dead set
against deadending Concord Avenue and does not think it
is a good idea
Mr. Carroll said he has also stated that he did not
think it was a good idea.
Mr. Mabee said the Planning Board is all for number
one in the letter and this is what they think should be
pushed for, and everything possible should be done to
get the on ramp on Route 2.
The Board of Selectmen was unanimously in favor of
the proposition presented by the Planning Board.
The Planning 1'oard and the group of residents from
the area retired at 10 10 P.M.
Messrs. Blaisdell, Battin, Kingston and White met
with the Board.
Mr. Blaisdell referred to the limited amount of
free cash and reported that he and Mr. White went in
to see Mr. McKinnon and Mr Wilson. He reported that
Road funds in the Road Machinery Account should have been
[aczinery transferred to the Excess and Deficiency Account at
Account the end of each year but this has not been done, and
this year the Stte questioned the $98,000 in the account.
He reported that Mr. McKinnon has ruled that the handling
of the Road Machinery Fund has been illegal.
Following a report of Mr. Blaisdell's discussion
with the State, it was agreed by all present- that the
Road Machinery Fund should be closed out .
It was agreed to meet at 9:30 Saturday morning to
continue work on budgets.
The Appropriation Committee and Mr. Carroll
retired at 11:05 P.M.
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver licenses, subject
I9
to written satisfactory character references from the
Chief
Fulton S. Butler Taxi Driver Licenses
Joseph T. Clarke
Douglas E. Hogan
Upon motion duly made and seconded, it was voted
to sign layouts of the following streets to be presented
for acceptance at the Annual Town Meeting in March: Street
Layouts
Alcott Road Fulton Road Ames Avenue
Baskin Road Freemont Street Eastern Avenue
Bowser Road Jeffrey Terrace Manning Street
Brown Road Lillian Road Winter Street
Burroughs Road Oxbow Road Todd Road
Constitution Road Roosevelt Road Douglas Road
Cooke Road Ross Road
Drew Road Saddle club Road
The meeting adjourned at 11:15 P.M.
A true record, Attest:
1
. -Exe6utiv# Clerk, Selec (en
160 ts,
C-
SELECTMEN'S MEETING
February 9, 1963
A special meeting of theBoard of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Saturday morning, February 9, 1963, at 9:30 A.M. Chair-
man Adams, Messrs Cole, Richards, Burnell and Brown
were present. Mr.Logan Clarke, Chairman of the Appropri-
ation Committee, and Miss Murray, Executive Clerk, were
also present.
Letter to the Baard of Fire Commissioners rela-
tive to the budget estimates was held over.
The 1963 estimated budgets submitted by the Board
of Assessors was considered and there was considerable
Assessors ' discussion with reference to the amounts requested for
budget the Assessors and the Assistant Assessor. The final
vote was to approve $750 per year for the three Assess-
ors and $7,900 per year (S-19* for the Assistant Assessor.
It was voted not to approve any appropriation for
Posture the Posture Clinic Personal Services or Expenses and to
clinic so advise Mr. McQuillan, Chairman of the Board of Health.
Decision relative to the Law Department budget was
held over.
Letter was received from the State certifying the
amount of "free cash" as of January 1, 1963 to be
$159,757.01.
Mr. Edward Cass ' resignation as a member of the
Resignation Board of Assessors, effective April 1, 1963, was re-
ceived and accepted.
Upon motion duly made and seconded, it was voted
to appoint Mr. Albert Gray, Jr. , Wethersfield, Connecti-
cut, Executive Assistant to the Board effective March 31,
1963, for a one-year term at the rate of $9740.
The meeting adjourned at 1:15 P.M.
A true record, Attest :
1/)-- L
Execgiv�" Cler , Selec en
111
16
SELECTMEN'S MEETING
February 11, 1963
A regular meeting of theBoard of Selectmen was
held in the Selectmen ' s Room, Town Office Building,
on Monday, February 11, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Cole, Brown and Burnell were present .
Mr. Carroll, Superintendent of Public Works, Miss
Murray, Executive Clerk, were also present. Mr.
Legro arrived at 8:20 P.M.
Mr. Carroll reported that the Air Force paid a
portion of its water bill, the bill of January 1, 1963
for the month of December. The bill totaled $31,509.37
of which $21,413.52 was arrears on the old contract .
The Air Force paid $7,483.06 at the 13¢ rate plus the
construction rate but did not pay the 23 rate for the Air Force
month of December and ignored the arrears in the old water
contract. Mr. Carroll said he has reported this to
Mr. Stevens and was bringing it to the Board' s attention
as a matter of information with no recommendation.
Upon motion duly made and seconded, it was voted
to call a special meetinE for Monday, February 25, 1963
pursuant to petition received, signed by the required Referendum
number of registered voters, the polls to be open from
7:30 A.M. until 8:00 P.M.
Upon motion duly made and seconded, it was voted
to sign the warrant for the Special meeting called for Warrant
Monday, February 25, 1963.
The Chairman read a letter from Edward A. Starr,
17 CushingStreet, relative to a billingmade bythe Starr water
Water Department. bill
Mr. Carroll reported that he has talked to Mr.
Starr and he apparently tdinks there is something wrong
with the meter, but as far as his department can tell,
there is nothing wrong with it and the consumption is
now back to normal. Mr. Carroll said he must have used
the water but he would have the meter checked if Mr.
Starr is willing to pay $5.00 if the meter is found to
be reading correctly.
It was agreed to advise Mr. Starr that the Board
would have his water meter tested if he is willing to
pay a charge of $5.00 if the meter registers correctly
162
mr
PaulJ. McCormack
The Chairman read a letter from ,
attorney for Francisco Mazzone, owners of lots 2 and 3
on Vine Street, relative to sewer facilities.
Mr. Carroll mentioned that this situation had been
discussed at the time the sewer budget was being con-
sidered. He presented a plan entitled "Proposed Sewer
in Vine Street ' and indicated the lots involved. He
explained that this is vacant land andthe budget esti-
mate was $6,000. The land is very steep and consists
Sewer mostly ledge.
led e.
Vine Street It was agreed to advise Mr.MeCormack that the
Board has established a policy whereby installation of
sewers is not authorized to service vacant land while
there are homes presently in the need of sewer facili-
ties.
The Chairman read a letter from Anthony J. DiRocco,
8 Dunham Street, stating that he has a lot on Dunham
Street upon which he would like to build but is unable
to obtain a permit until a 6" water main replaces the
Water and 2" main and the sewtr is extended.
Sewer, Mr. Carroll presented a Ilan entitled "Proposed
Dunham Street Sewer in Dunham Street and indicated the two lots owned
by Mr. DiRocco. He explained that there is a 2" service
in the street and he strongly recommended that no further
connections be made to that line.
Upon motion duly made and seconded, it was voted
to deny Mr. DiRocco 's request for water and sewer to
serve the vacant land he owns on Dunham Street .
Letter was received fromihe State Department of
Public Works advising that N. Pandelena & Son, Inc. had
requested an extension of time on the Chapter 90 contract
Mr. Carroll stated that this is a routine requet, that
there will be loaming and seeding to do and he recommended
that the request be granted.
Extension of Upon motion duly made and seconded, it was voted
' contract to extend the completion date of N. Pandelena & Son, Inc . ,
Chapter 90 contract covering highway work on Concord
Avenue, to May 22, 1963.
Letter was received from Bernard H. and Regina E.
Rudwick requesting installation of street lights on
Street Brown Road.
lights Mr. Carroll reported that the lights have been
ordered
Mr. Mercurio Dankese' s request for settlement was
held over.
Mr. Carroll reported that Mr. Dankese called him
X60
about a week ago because he was concerned about the
time running out in which he could bring suit. Mr. Dankese
Carroll advised him to consult an attorney to protect claim
his interests.
The Chairman read a letter from Helen and LeRoy
Johnston stating that a telephone pole was left dangling
at 12 Brandon Street. Utility
Mr. Carroll reported that he had called Mr. Frank pole
Consilvio, of the New England Telephone and Telegraph
Company, who said he would have the old pole, now
strapped to a new pole, removed.
The Chairman read a letter from Joseph M. Gavan,
to which was attached a plan of the proposed route to
be taken in moving a house from Route 2 to Eldred Street.
Mr. Carroll reported that he had discussed this
with Chief Rycroft and they both agree thatthe pro-
posed route is acceptable Moving
Upon motion duly made and seconded, it was voted permit
to approve the request for a permit to move the house
via the route on the enclosed plan; Mr. Gavan to con-
tact Mr. Carroll, post a bond in the sum of $5,000 and
make the necessary arrangements with Chief gycroft ana
Mr. Mazerall, the Tree Warden.
Letter was received from Charles Collazzo, 2360
Massachusetts Avenue, describing problems of street and
sidewalk layout in his neighborhood. Traffic
It was agreed to refer the letter to the Traffic
Study Committee.
Notice was received from the State Division of
Waterways relative toa hearing to be held on March 7,
1963, at 10:30 A.M , Fourth Floor of thePublic Works Hearing
Building.
Mr. Carroll said he thought perhaps the Board
should refile on the Kiln Brook project and ask Repre-
sentative John Brox to make sure he is at the hearing
if he needs to be.
The Chairman asked Mr. Carroll to contact Mr. Brox
and have a petition prepared for the Board's signature
next week.
Upon motion duly made and seconded,it was voted
to grant the petitions and sign the orders for the Pole
following j/o pole locations, all having been approved locations
by Mr. Higgins, Assistant Town Engineer
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Grove Street , southeasterly side, northeasterly
from a point approximately 245 feet
northeast of Eldred Stret, --
Two (2) poles.
(Two existing JO poles to be removed. )
Marrett road, northeasterly side, at Massachusetts
Avenue, --
One (1) pole.
(One existing JO pole to be removed )
Albemarle Avenue, northwesterly side, approximately
69 feet northeast of Rawson Avenue, --
One (1) pole
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on February 4, 1963.
Further consideration was given to the Law Depart-
'Law Depart- merit budgets and it was agreed to recommend $6,000 for
ment budget Personal Services, $1200 for Special Town Counsel,
$3,500 for Special Fees and $3,000 for expenses .
Letter to the Fire Commissioners re budget esti-
mates was held over.
The Chairman read a survey report received from
the Special Housing Survey Committee.
The Chairman reported that he had talked with
Mr. Wm. Roger Greeley and his group will settle for
an official committee. He said he thought it could
Housing be appointed under Article two of the warrant. He
Committee said this involves acceptance by a Town Meeting and
then a Housing Committee is elected.
It wasagreed that the Chairman should discuss
the subject with Town Counsel.
Request from the Lexincton 14.-H Horse Club for per-
Horse Show mission to use town recreation land for the club's
horse show was referred to the Recreation Committee.
Letter was received from the Lexington Lodge of
Elks requesting permission to operate a refreshment
stand on April 19in the driveway between Trani 's store
Refreshment and Charles ' store .
stand The Board had no objection, permission having been
obtained from the owners.
1:65
Upon motion duly made and seconded, it was voted
to sign applications for Certificates of Incorporation
on behalf of Edith H. Schmidt, Park Road,and Charles Cert. of Inc
Seabury Ward, 588 Lowell Street, satisfactory character
references having been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to renew a Taxi Driver License for Coleman F. Vaughan, License
259 Middlesex Street, Burlington, satisfactory report
having been received from the Chief of Police.
Notice was received of the Middlesex County Select-
ments Association meeting at the Stoneham Town Hall on Meeting
Wednesday, February 20, at which time Attorney Hugh J.
Morgan will discuss the Conflict of Interest Bill.
The Chairman reported that he called Albert Gray, Jr. ,
applicant for the position of Executive Assistant, who
said he would let the Chairman know his decision by Executive
Wednesday. Assistant
The Chairman said the rate for the position should
have been quoted $9740 instead of $9700 and the effective
date should have been March 31 instead of April 1.
Mr. Cole made a motion that the Selectmen act as a
committee, or appoint a committee to investigate the pos-
sibility of having a budliner running from Lexington to Budliner
Boston .
The Chairman suggested, and the Board agreed, that
the subject be held over until the next meeting.
The Chairman read a letter from the Lucky Penny
Trust requesting an abatement of a portion of the side-
walk betterment assessment on land subject to an ease-
ment for a high-tension cline. Request for
Mr. Legro explained that the Board has the power abatement
to abate the betterment, but he did think it was a
matter of policy. He said he thought the easement
should be checked, and if the lot is not bmildable,
the sidewalk does not better the land very much. He
said it appears difficult to see the benefit to the
property.
Decision was held over until the next meeting.
Mrs. Elizabeth Barabush, 53 Eldred Street, met
with the Board relative to the traffic problem at Bedford
and Eldred Streets She said the situation is that Traffic
between the hours of 7 30 A.M. and 8:30 A.M. and 4:30 P.M.
and 5:30 P.M. there is a lot of congestion there. The
166 ,
State erected a bright red stop sign going out of Eldred
Street which does not help the situation. The people
in the area want a uniformed officer ten hours a week
to control the flow of traffic on a temporary basis.
Mr. Cole said he brought the situation to the Board
originally and at the time, it was taken up with the
State and for a period of time the situation improved.
Mr. Burnell asked if there was police protection
there at any time and Mrs . Barabush replied in the negative.
Mr. Carroll reported that he had written to Mr. Dunne,
State Highway Engineer, and in his reply, Mr. Dunne pointed
out the fact that this area is outside the limits of the
State project. He said the sign was erected at the time
Mr. Dunne wrote the letter and it does not help the situ-
ation at all. He stated that he had intended to bring
this matter up at the next meeting of the Traffic Study
Committee. He reported that the Chief of Police is keenly
aware of the problem and felt that if funds were available,
he could get off-duty men to work.
Mrs. Barabush said the State had committed itself by
erecting the stop sign.
The Chairman said the Board would contact the Chief
of Police and see what can be done about protection.
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
Executive public, might adversely afcect the public security, the
Session financial intere t of the own, or the reputation of any
person.
Following a discussion with Messrs. Cass and Grush
of the Board of Assessors, it was voted to resume the
open meeting.
At 9:05 P.M. , Mr. Carroll returned to the meeting,
at which time, Mr. John Bellizia came into the meeting.
The Chairman read a letter from Mr. Legro with
reference to the claim of Robert C. Stewart for property
damage to a motor vehicle and for personal injury to
Claim his daughter
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to settle both the property
damage and personal injuries for the amount of $115.
The Chairman read a letter from Mr. Legro with
refer.,nce to the claim for damage to the Lewis G. Pollock
Claim property, 30 York Street.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to settle the claim for the amount
of $257.
167
Mr. Legro reported that he had prepared a deed
conveying Lot 7, Block 18, to Lee E. Tarbox, which the
Board voted to sell for $500 plus $113.75 sewer better-
ment and taxes of $35.92 for the balance of the year. Tax title
Upon motion duly made and seconded, it was voted
to execute the deed to be held by Mr.Legro until pay-
ment has been received from Mr. Tarbox.
Mr. John Bellizia said he was trying to determine
the future of the Pine Meadows Country Club and dis-
cussed the operating expenses, the assessment and his
tax bill.
The Chairman asked if he had entered a formal
appeal and Mr. Bellizia replied in the affirmative.
He said he has not heard from the Board of Assessors
since he filed an appeal. Real estate
The Chairman explained that, by law, the Selectmen assessment
have no control over the Board of Assessors . He asked
if Mr. Bellizia would take this to the Appellate Tax
Board and Mr. Bellizia replied that he would.
The Chairman said the Board of Selectmen could
discuss the subject, but it does not have any authority
Mr. Cole said the members of theBoard could have
a personal conversation with the Board of Assessors.
Mr. Bellizia retired at 9:20 P.M.
Mr. Louis Aronan, 12 Scotland Road, met with the
Board and said there were a number of other residents
of the road present relative to extension of the sewer.
He said he received a notice that Scotland Road was not Sewer
included in this year ' s budget but Blodgett Road is.
He said he wanted to know about connecting into the sewer
extension coming in Peartree Road. He said the situ-
ation is bad, the land is wet in the spring and the water
table very high.
The Chairman explained that theBoard is faced with
petitions for sewers totaling $650,000 and is trying to
limit the extensions to really bad areas . He said the
Board would review the situation.
The group retired, and upon motion duly made and
seconded, it was voted to go into Executive Session for Executive
the purpose of discussing, deliberating or voting on a Session
matter which, if made public , might adversely affect the
public security, the financial interebt of the Town, or
the reputation of any person.
Following a discussion relative to the request for
sewer ib Scotland Road, it was voted to resume the open
meeting.
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The Chairman reported a telephone call from Mr.
Nickerson advising that the board of Appeals is going
to be sued by Itek and that Board was making formal
application for defense counsel, Donald E. Legro.
The meeting adjourned at 11:0� 5 P.M.
A true record, Attest:
e tiv� Cler , Selectee
r
1,139
SELECTMEN'S MEETING
February 18, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, February 18, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Richards, Cole, Burnell and Brown were
present. Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Mr. Alonzo Taylor, municipal sales representative
of the Boston Edison Company, met with the Board to dis-
cuss street lighting in action 2 of Bowser Saddle Club
Estates, a Moore Realty Trust development . He explained
the present proposal follows the basis of the previous Street
lighting approved for the area and involves four lights lighting
Mr. Carroll explained that Mr. Moore will pay fcr
the installation and underground work and the Town will
pay the annual charge for the lighting and it is on the
same basis as previously approved.
Mr. Taylor retired at 7 37 P.M
When Mr. Moore arrived at the meeting he stated
that he thought four lights would be adequate.
The Chairman said this is under the same procedure
and under the same conditions as the previous section,
and the Board had no objection
Mr. Moore said he has a small subdivision, Mr.
Burnham's house on East Street and Albert Burnham's old
house. He said there is a proposed road going in with
a turnabout. The sewer is down on Adams Street about
700 feet away and he said Mr. Carroll feels the area
should be sewered He stated that he has seven build-
ing lots, eight including the Burnham House and for Sewer for
500 feet of sewerit would cost about $7500. He said Burnham land
this almost prohibits spending that plus developing the
road for seven lots and adds almost $1,000 on each lot .
He said he would like to have the Town run the sewer up
East Street to Frost Road so he could sewer these lots .
Mr. Richards asked if this would be a deadehd, and
Mr. Carroll replied in the affirmative.
The Chairman said if thesewer went up East Street,
some of it would be under betterment.
Mr. Carroll agreed but said there are greenhouses
on one side and only one house on the opposite side.
He said he did not like to see the subdivision go in
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without sewer because it is so close to it . He said
if Mr. Moore does not put the sewer in when the Town
v puts it in, at a later daVe it will be under betterment
and the Town will pay half the cost . In this case,
Mr. Moore will be paying for the entire cost of the sewer
in Frost Road.
Mr. Moore said Frost Road is going to be an expensive
road to construct as there is some ledge.
The Chairman asked if this was coming up fairly
promptly, and Mr. Moore replied in the affirmative. He
said he thought Mr. Nylander had it all ready for filing
with the Planning Board, perhaps in May or June.
The Chairman said the Board would consider the re-
quest.
Mr. Moore retired at 8: 15 P.M.
Mr. Carroll said there is ledge in the hill and he
did not like having the subdivision approved without the
sewer.
Mr. Brown asked if it could be deferred for a year,
and Mr. Carroll replied that he had not asked Mr.Moore.
Mr. Richards said there are people living in areas
that need help and here there are no houses. He said it
is against his principles to increase the sewer budget
this year. He said he thought it advisable and wise
for the Town to take the step to put the sewer so this
developer, or any other developer, will have it to serve
the lots, but he felt something should be done about
cutting back the budget if this request is approved. He
said he could not, in good conscience, do anything to in-
crease the sewer budget.
Mr. Burnell said it was more or less a policy of the
Board not to sewer any new roads.
Mr. Cole said he was all for reviewing the entire
sewer budget .
Mr. Burnell said he would be in favor if an equal
amount could be cut frcarn the budget.
It was agreed to review the sewer budget at next
Monday's meeting.
Mr. Legro stated that he had prepared contracts
for the construction of the Girl's new dressing and
locker room building.
Upon motion duly made and seconded, it was voted
to sign the contract as prepared and presented by Mr .
Legro between the Town of Lexington and DiLibero Con-
struction Co. , Inc. No copy of the contract was left
with the Board.
Mr. Legro referred to a question raised last week
pertaining to Mr. Antonio Busa's subdivision Green
1.71-
' Valley Section 9 and connecting to the sanitary sewer.
Mr. Busa had requested the Townto contribute part of
the extra cost of laying the sewer. He reported that
Mr. Carroll had contacted the Department of Public Works
and was told that permission would not be given to an
individual to tie into the sewer without Town approval. Busa sewer
He said he thought the Town had no funds with which to
contribute to a private benefit of this sort and he did
not think it would have any right to do so.
Mr. Legro exI:lained that the special authorization
was to reimburse a subdivider for a greater width of a
way or a greater size of a utility than would be required
to service his subdivision and that is not the fact in
the Busa subdivision. He said this is just the location
of a sewer in a different position and there is no authority
in the Act, as he understood it, to make any contribution.
He stated that from the Town's point of view it would seem
entirely unnecessary if the MDC refuses to grant an indi-
vidual permission.
Mr. Richards asked if the Boaid had authority to
require a subdivider to connect onto a sewer at a dis-
tance beyond what it considers reasonable.
Mr. Legro said he thou,ht it depended on what is
a reasonable connection.
Mr. Richards said he was not referring to this parti-
cular case, but he wondered if instances would not arise
where the subdivision would be close tothe MDC trunk but
some distance from a lateral or the Town 's own line . He
stated that refusal of the Town to ,sk the MDC to connect might ,
in some instances , mean that the subdivider would get out
of putting in sewers at all. He said in this instance,
the distance Mr. Busa has to go is entirely across land
owned by him.
Mr. Carroll stated that the distance is approtimately
100 feet.
Mr . Legro said to contribute to a subdivider /2 ex-
pense is questionable and he did not know of anything that
would compel the Town to permit him to connect to the
trunk sewer.
Mr. Richards said there is the practical reason of
wanting him to put sewer in the streets.
Mr. Carroll asked if the Board would consider put-
ting in a section of the sewer for $1,000.
Mr. Busa met with the Board and the Chairman reported
that the Board had referred his request to Town Counsel
and has been advised that under the Act passed by the
Town Meeting, the Board cannot pay part of the cost .
Mr. Busa asked if the Board wanted him to connect
111
to the MDC.
172
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The Chairman explained that he could not tie into
the MDC without Town permission and asked how much more i
it would cost Mr. Busa to go the other way.
Mr. Busa stated that it is not the cost, but it
is the delay. He said he has to look to see who is
going to do his work.
Mr. Busa outlined his original proposal on a plan
and said it would also serve Section 9.
Mr. Carroll explained that the other section could
be served by a present manhole
Mr. Busa said to go out to Lillian Road, he would
have to go ten feet below grade, but Mr. Carroll did not
agree with him. He said it was easier and would cost
less to go to the MDC sewer than it would to go to Lillian
Road.
The Chairman said the Town could not contribute money
to the cost.
Mr. Busa said he wanted a decision.
The Chairman said the Board would make a decision
this evening and stated that the Board is in the position
of being restricted on expenses this year.
Mr. Richards explained that every time the MDC line
is opened, the Town is penalized in what can be a very
substantial amount of money, possibly $10,000 a year for
every manhole put on thelline.
Mr. Busa retired at 8:30 P.M.
Upon motion duly made and seconded, it was voted
to construct one manhole on Lillian Road over the ex-
isting sewer and to construct approximately twenty feet
of eight inch sanitary sewer main to the side line of
Lillian Road where it can be picked up by Mr Busa.
If this is not acceptable to Mr. Busa, no further
action is to be taken by the Board.
Mr. Legro referred to the letter received last week
from the Trustee of the Lucky Penny Trust requesting an
abatement of a sidewalk betterment assessment levied an
property owned by the Trust and located on Grove Street.
He said he thought the plan showed a substantial part
of the frontage is covered by an Edison easement and
Sidewalk according to the statute, sidewalk betterments are as-
betterment seeeed one-half of the cost to the owners of abutting
lands. He said the question is on the fact if, in
the Boardfs opinion, a betterment is received.
Mr. Carroll stated that the easement crosses the
street and the same situation may develop there .
Mr. Burnell said he did not think the land was
bettered
Mr Cole said if the Trust cannot build on the
property, it would not be bettered in any respect.
1.i
The Chairman said the remaining twenty feet could
be sold to the individual who owns the adjoining lot.
Upon motion duly made and seconded, it was voted
to abate the sidewalk assessment by an amount of $280
The Chairman said he thought the policy of charg-
ing betterments on sidewalks should be reconsidered
inasmuch as the majority of the requests come from the Sidewalk
school. betterments
Mr. Carroll said the fact is that the sidewalk
either does or does not better property whether the
people want sidewalks or not .
The Chairman said he made the suggestion because
it is a good idea to review these things once in a while.
Mr. Burnell said he brought up, a month or so ago,
sidewalks in new subdivisions and said the Planning
Board was in favor of no sidewalks a few years ago:.
When sidewalks became a necessity, the Planning Board
required sidewalks on one side of the major streets in
subdivisions. The next step was sidewalks on both
sides of major streets and one side of side streets.
He asked if it would be advantageous to have sidewalks
installed completely in new subdivisions rather than
fighting the installation and asked if this should be
recommended to the Planning Board.
Mr. Carroll said he could not see sidewalks on a
street that has four or five lots on a deadend street
He stated that there would be a maintenance problem
for the Town in the future.
Mr. Burnell said at the same time there will be
traffic hazards.
Mr. Carroll stated that on a street with only
five or six houses there would not be any problem.
Mr. Burnell said the policy was on one side of
secondary streets and he was just looking ahead to
where the Board expects to spend $50,000 a year for
sidewalks; perhaps it would be better to do them at
the very beginning.
The Chairman said it is still within the discretion
of the Planning Board and the Selectmen could recommend
that more careful consideration be given to sidewalks .
Mr. Burnell said it is a matter of bringing the
sidewalk policy up to date, and stated that in looking
ahead ten years, the new subdivisions being built would
have better pedestrian control.
The Chairman read a letter from Raytheon Company
advising that it desires to have its Spring Street
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Offices serviced by a helicopter and would like an
opportunity to discuss the subject with the Board or
any agency of the Town.
Mr. Legro explained that Raytheon proposes to
have some type of a contract with the Massachusetts
Helicopter Helicopter Airlines, Inc. , and to use it occasionally,
service to but they do not know how often He said the landing
Raytheon of a helicopter in any place in Town is of some in-
terest . It is use of land which is not specifically
permitted under the Zoning By-Law except in an R-1
District with the Board of Appealst approval, there
may be landing fields. He said that possibly this
should be referred to that Board.
The Chairman said he thought Raytheon should meet
with the Board of Appeals.
Mr. Legro agreed, and said the plans of exactly
where the helicopter would land have -inot been worked
out.
Mr. Carroll presented a plan of the land owned
by the Reorganized Church of Jesus Christ of Latter
Day Saints, 1386 Massachusetts Avenue, and indicated
lots 1, 2, 6 and 7 He said the building is on lot
7, and a sewer betterment was assessed in the amount of
$758.60 against lot 6 when the sewer was installed in
Percy Rodd. He explained th_,t lot 7 has sewer on
Massachuset ,.s Avenue. The church proposes to make
this into one lot and would like to have the sewer
Sewer betterment assessment abated.
betterment Mr. Legro said he could see no basis for abate-
ment unless it was put into one lot with the under-
standing that it could never be subdivided
Mr. Richards suggested that Mr. Carroll advise
the church in a letter that after this has been made
into one lot and the plan filed, a request could then
be made to have the betterment abated and an agreement
entered into whereby the land could not be relotted.
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
'Executive made public , might adversely affect the phblic security,
Session the financial interest of the Town, or the reputation
of any person.
Mr. Carroll reported on the rental situation of
561 Mass the property owned by the Town and located at 561
Avenue Massachusetts Avenue.
Mr. Carroll discussed the subject of work on Kiln
Brook.
Upon motion duly made and seconded, it was voted
to resume the open meeting.
a
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175
Upon motion duly made and seconded, it was voted
to call a Special Town Meeting, within the Annual Town Town Meeting
Meeting, to be held on Monday, March 25, 1963.
Mr. Daniel wheeler and Mr. Michael Damone of Cabot,
Cabot and Forbes, met with the Board, relative to the
proposed Route 2-Spring Street interchange.
Mr. Wheeler said that when he met with the Board
a few weeks ago, it was greed that he could come back
with the most ideal plan from Cabot, Cabot & Forbes '
standpoint and one to which Kennecott and Raytheon would
agree, and also one to fit into Cabot, Cabot & Forbes ' Cabot, Cabot
immediate customer 's needs He submitted a plan and & Forbes
stated that it had been approved by Kennecott, Raytheon, Route 2
Burroughs, and Country-Wide properties . He said he does
have a letter from Burroughs to Country-Wide that all is
in order.
Mr. Erik Mollo-Christensen, 10 Barberry Road, said
he was very much concerned about traffic in this area
and in principle he was opposed to further creeping re-
zoning in this area and further encroachment on resi-
dential land before a thorough traffic analysis is made
in this area. He said Lexington, on Spring Street, is
suffering from traffic due to rezoning without a thorough
traffic study He said he would like to see such a
traffic study made before there is any further rezoning.
The Chairman explained that this is not a question
of rezoning but a question of changing the road
The Chairman asked if Mr. Wheeler was going to take
this plan into the State Department of Public Works
Mr Wheeler replied that if the Board approves of
it, he would like a letter stating approval, as the State
indicated it was flexible as long as it knew what every-
one agreed upon.
The Chairman said the Board would take it under ad-
visement and have an answer for Mr. Wheeler.
Messrs. Wheeler and Damone retired at 9:03 P.M.
Messrs. Grindle, Mabee, Meyer and Snow of the
Planning Board met with the Board.
The Chairman said this is just a quest on of re-
location of the road and does not involve a zoning change.
Mr. Snow did not agree with the proposed plan and
felt that the Board should not advise the State that the
Town is in favor of it . Hesaid he was opposed to any-
thing that would cost the State a lot of money construction-
wise.
The Chairman said this is of interest to the Town,
looking out for tax revenue. He said it seemed to him,
as a matter of policy, if the laad has been rezoned, it
is expected that it is going to be used, and if used, to
the Town 's advantage.
176
at
c*
After some discussinn, Mr. Mabee said the Planning
Board had no objection.
The group retired.
Water bill Letter from Mrs. Robert Burg, 34 Earle Street, rela-
tive to a water bill, was referred to Mr. Carroll.
Upon motion duly made and seconded, it was voted
to petition the State Division of Waterways to deepen
Kiln Brook and widen Kiln Brook from the northwest side of Route
128 to the Shawsheen River in Bedford, approximately
4500 feet, at an estimated cost of $60,000
Upon motion duly made and seconded, it was voted
to petition the County Commissioners to abandon a
portion of Lincoln Street from Worthen Road southwesterly
about 375 feet as laid out by the County Commissioners
Abandonment under order #1483, dated Jan. 23, 1934, and shown on a
plan on file in the office of said Commissioners and the
Southern Middlesex Registry of Deeds .
The Chairman read a letter from Mr. Carroll advis-
ing that he had checked with Mr. Fisher, Chairman of
the Standing School Building Committee, in regard to
the relationship of the proposed field house to the
existing skating rink behind the High School. Although
the proposed grading does cut off about half of the rink,
the committee feels they will either enlarge it, change
Lights for the grading for the field hous , or possibly build a
skating rink retaining wall in order to preserve the skating area
This means that the $750 requested by the Recreation
Committee for moving the lights from Park Drive can be
left in the budget
It was agreed not to change the decision previously
made to eliminate this item from the budget
Upon motion duly made and seconded, it was voted
Pole to grant the petitions and sign the orders for the
locations following pole locations and approve abandonments
Winn Avenue, southerly side, approximately 70 feet west
of Rindge Avenue, --
One (1) pole .
Winthrop Roan, northeasterly side, southeasterly from a
point approximately 132 feet southeast of
Waltham Street, --
Seven (7) poles.
117
' Lexington Avenue, westerly side, northerly from a point
approximately 132 feet north of Follen
Road, --
Eight (8) poles.
Tarbell Avenue, southeasterly side, northeasterly from
a point approximately 73 feet ncrtheast of
Bennett Avenue, --
Three (3) poles.
Tarbell Avenue, northwesterly side, southwesterly from
a point approximately 69
feet southwest of
Bennett Avenue, --
Two (2) poles
Justin Street, northeasterly side, southeasterly from a
point approximately 74 feet southeast of
Eldred Street, --
Four (4) poles - guy wire and anchor on first
and fourth poles.
Gerard Terrace, westerly from a point approximately 61
feet west of Cedar Street, --
Three (3) poles
Bernard Street, southeasterly side, at Justin Street, -
-
One (1) pole--guy wire and anchor.
Lillian Road, northwesterly side, southwesterly from a
point approximately 806 feet southwest of
Lowell Street, --
Eight (8) poles.
Anthony Road, northeasterly side, northwesterly from a
point approximately 40 feet northwest of
Albemarle Avenue, --
Two (2) poles .
Anthony Road, southwesterly side, approximately 70 feet
southeast of Lillian Road, --
One (1) pole .
No. Streets Locations Granted Under Orders
Dated and Recorded - Book - Pale
2 poles Marrett Road, southwesterly side, 6/30/58 38 200
southeasterly from a point ap-
proximately 1800 feet southeast
of Massachusetts Avenue
178
C-
1 pole Cambridge-Concord Highway, north- 6/5/44 24 20
easterly side, approximately 189
feet southeast of Spring Street
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meetings held
on February 9 and February 11.
The Chairman read a letter from Mr. Carroll rela-
tive to the increase in telephoned garbage complaints .
Garbage Upon motion duly made and seconded, it was voted
Collection unanimously, in accordance with Section 4 (c) of the
garbage contract, dated April 3, 1961, to order Stanley
Roketenetz, Inc. to add one more collection unit making
the total units three.
Mr. Carroll asked if the Board wanted to consider
appointment of a citizens ' committee to investigate
Committee the general problem of rubbish and garbage collection.
Upon motion duly made and seconded, it was voted
to appoint a committee to study the garbage situation
and repart back to the hoard by September 1, 1963.
The Chairman read a letter from Mr. Stevens with
reference to Reginald A. Roberts, former Deputy Col-
lector of Taxes.
Upon advice of Mr Harold E. Stevens, former
Deputy Col- Town Counsel and now Special Counsel, that no further
lector cash recovery can be expected, it was voted to charge off
(discrepancy against the reserve, the balance of $1,376.86 in the
cash discrepancy account - R. A. Roberts, Deputy
Collector.
It was agreed to send a letter, dictated by Mr.
Budget Evans, to the Board of Fire Commissioners relative
to the Personal Services budget.
Letter was received from Donald R. Grant, Chair-
man of the Historic Districts Commission, advising
that the Commission has appointed Wilbur M. Jaquith
Appointment to serve on the study committee provided for by the
vote adopted under Article 8 of the warrant for the
Special Town Meeting, held on January 28
Upon motion duly made and seconded,it was voted
to appoint Mr. Otis S. Brown, Jr. , to serve on the
Appointment study committee provided for by the vote adopted under
Article 8 of the warrant for the Special Town Meeting
held on January 28.
19
The Chairman read a letter from Temple Emunah
Brotherhood requesting the use of Parker playground
on May 12, 1963 from 9:00 A.M. until 1:00 P.M. for Request for
the children's observance of LagB 'Omen, a sort of use of play-
Arbor Day. ground
The Chairman suggested, and the Board agreed,
that the Recreation Committee be requested to submit
any recommendations it may have on the request
The Chairman read a letter from the Town Cele-
brations Committee relative to a request received
from Rabbi Rosenblum, representing Temple Isaiah and
Temple Emunah, for permission to plant a tree grown Request for
in Israel on the Battle Green on the occasion of the tree on
250th anniversary celebration by the State of Israel Common
on the occasion of its 15th anniversary as a sovereign
state.
The Board unanimously agreed that the landscaping
of the Common should be maintained by and kept under
the jurisdiction of the Town, and felt that a location,
possibly Hastings Park, should be left to Mr. Mazerall's
discretion
Request from the Stanley Hill Post, American Legion,
for permission to operate a refreshment booth at Massa- April 19
chusetts Avenue, adjacent to the Chamber of Commerce In-
formation Booth, was granted.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver ' s license to Earl Schwartz, 11
Garfield Street, satisfactory character reference License
having been received from Chief Rycroft
Upon motion duly made and seconded, it was voted
to deny Jonathan N. Adams ' apjlication for a Taxi License
Driver ' s, license, Mr Adams being under twenty-one
and has no Driver 's Education Certificate
Upon motion duly made and seconded, it was voted
to sign an Order of sewer Laking in Grassland Street
from Valleyfield Street 400 feet, more or less, east-
erly to end,in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . Town of Lexington
180
mc
ORDER OF SEW,LR TAKING
GRASSLAND STREET
From Valleyfield Street
400 feet, more or less,
easterly to end.
The Board of Selectmen of the Town of Lexington acting as a Board
of Water and Sewer Commissioners for and in behalf of the said town by
virtue of the authority conferred upon them by the following Vote and
of every other power them thereto enabling, at a meeting duly field
this eighteenth day of February, 1963, has laid out and voted to construct
a sewer main in Grassland Street, a way in said town opened or dedicated
to the public use which has not become a public way from Valleyfield
Street 400 feet, more or less , easterly to and as more fully shown on
a plan entitled "Plan of Proposed Sewer in Grassland StreLexington,�
Mass. , Scale 1" = 40' Feb. 7, 1963, John J. Carroll, Town Engineer°,
abutting the premises thereon designated as Lot 91 on the Assessors '
plan and does hereby order that the same be constructed in said lo-
cation. A plan entitled "Plan of Proposed Sewer in Grassland St.
Lexington, Mass , Scale 1" = 40' , Feb. 7, 1963, John J. Carroll,
Town Engineer" is to be recorded herewith all in compliance with the
vote taken at the Adjourned Town Meeting held on March 26, 1962, -as
follows:
"VOTED: That the Selectmen be and they hereby are authorized
to install a sewer main or mains in such locations as the Selectmen
may determine from Pleasant Street, near its intersection with
Route 2, to the vicinity of the Woodhaven area and also to the
westerly side of the Follen Hill and adjacent areas, subject to the
assessment of betterments or otherwise, in accordance with. Chapter
504 of the Acts of 1897, and all acts in amendment thereof and
in addition thereto, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; and to appropriate for such installation
and land acquisition the sum of S584,000.00 and to provide for pay-
ment thereof by the transfer of S33,816.37 from the unexpended
balance of the appropriation for the installation of sewer mains
voted under Article 14 of the warrant for the 1959 Annual Town
Meeting, by raising $50,183.63 in the current tax levy and the balance
of $500,000.00 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 $500,000.00 and to 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 . "
Betterments will be assessed for this improvement in accordance
with the provisions of Chapter 80 of the General Laws and Chapter
221 of the Acts of 1926. The area which it is expected will receive
181
advantage other than the general advantage to the community
from such improvement comprises the several lots shown upon the
plan of John J. Carroll, Town Engineer, above referred to, which
are designated in the schedule hereto annexed and made a part
hereof. We estimate the betterments that would be assessed
upon each said parcel of land to be as shown in the said schedule
And it is further ordered that a copy of this order, attested
by the Clerk of th& oard, be filed for record in the Registry of
Deeds for the Southern District of said County, as a statement
of our action in the premises in compliance with the provisions
of Section 27 of Chapter 83 of the General Laws
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, and as a Board of Water and
Sewer Commissioners for and in behalf of said Town of Lexington,
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 by virtue of the
authority conferred upon them by the foregoing vote and every
other power and authority them thereto enabling, take in the
name and on behalf of said Town of Lexington the perpetual
rights and easements to lay, construct, inspect, repair, remove,
operate and forever maintain a sanitary sewer or sewers with
any manholes, embankments, walls, pipes, culverts and other
appurtenances, and to do all other acts incidental thereto,
including the right to pass along and over the land for the
aforesaid purposes, in, through and over the parcel of land
situated in said Town of Lexington and shown on a plan entitled
"Plan of Proposed Sewer in Grassland St. Lexington, Mass. ,
Scale_ 1" _ 401 , Feb. 7, 1963, John J. Carroll, Town Engineer",
to be recorded heiewith
Said rights and easements in the land included within the
above descriptions are taken without interference with or pre-
judice to the rights of the respective owners of the land, ex-
cept so far as is reasonably necessary in the exercise of the
rights and easements hereby taken, and there are reserved to
the respective owners and their heirs, successors and assigns
all their respective rights in and to the use of their lands
lying within said described strips for all lawful purposes not
inconsistent with the use thereof for all of the purposes here-
inabove mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and easements are taken and performs
any work thereon, it shall be the obligation of the Town to
remove all surplus material and to leave the premises in
reasonably the same condition as when the entry was made.
182
Any trees upon the land included within the above-described
strips are included within the taking.
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarded.
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 correctly stated, it isto be understood that such
land or interest is owned by an owner unknown to us
UNREGISTERED LAND
Lot as shown on
Owner Aforesaid Plan Book Page
Anna M. LaDucer
c/o Mrs. M.A. Rossiter 91 Probate 289255
IN WITNESS WHEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto subscribed
our names this eighteenth day of February, 1963.
/s/ Lincoln P1 Cole, Jr.
Selectmen
Otis S . Brown, Jr. of
Lexington
Levi G. Burnell
Attest:
/8/ Hazel J. Murray
executive Ulerk, Selectmen
SCHEDULE OF ESTIM,kTED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Lot
Owner No. Book Page Area Assessment
Anna M. LaDucer 91 Probate 289255 3952 $ 20.99
c/o Mrs. M.A. Rossiter
1
1$J.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
ORDER FOR CONSTRU TION OF SE ER
MORELAND AVENUE
From Davis Road 676 feet , more
or less, northeasterly
The Board of Selectmen of the Town of Lexington, acting
as a Board of Water and Sewer Commissioners and acting in pur-
suance of the provisions of Chapter 504 of the Acts of 1897
and all acts in addition thereto and in amendment thereof,
and of every other power and authority them thereto enabling,
at a meeting duly held this eighteenth day of February, 1963,
has laid out and voted to construct a common sewer in Moreland
Avenue, a public way in said Town, from Davis Road 676 feet,
more or less, northeasterly, as more fully shown on a plan
entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington,
Mass. , Scale 1" = 401 , April 1, 1960, John J. Carroll, Town
11 Engineer", abutting the premises thereon designated as Lots
36, 35, L.C. 13, L.C. 12, L.C. 11, L.C. 10, L.G. 9, L.C. 6,
L.C.7&, L.C. 6, 9A, 10 & Pt . 11, Pt . 12, 13, 14, L.C. 14, 16,
17, 18, 19, and 20 on the Assessors ' plans and does hereby
order that the same be constructed in said location. A plan
entitled "Plan of Proposed Sewer in Moreland Ave. , Lexington,
Mass . , Scale 1" = 401 , April 1, 1960, John J. Carroll, Town
Engineer" is to be recordod herewith all in compliance with
the vote taken at the Annual Town Meetingduly called, warned
and held on the seventh day of March, 190, and adjourned to
the twenty-first day of March, 1960, as follows:
"VOTED That the Selectmen be and they hereby are
authorized to install sewer mains, subject to the assessment
of betterments or otherwise, in such accepted or unaccepted
streets or other land as the Selectmen may determine, in ac-
cordance with Chapter 504 of the Acts of 1897 and all acts in
amendment thereof and in addition thereto, or otherwise, and
to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor;
and to appropriate for such installation and land acquisition
the sum of $2)1)1 ,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. "
184
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws and Chapter 221 of the Acts of 1926. The area which
it is expected will receive advantage other than the general
advantage to the community from such improvement comprises
the several lots shown upon the plan of John J. Carroll, Town
Engineer, above referred to, which are designated in the
schedule hereto annexed and made a part hereof. We estimate
the Betterments that would be assessed upon each said parcel
of land to be as shown in the said schedule .
And it is further ordered that a copy of this Order, at-
tested by the Clerk of the Boara, be filed for record in the
Registry of Deeds for the Southern District of said County,
as a statement of our action in the premises in compliance
with the provisions of Section 27 of Chapter 83 of the General
Laws.
IN WITNESS WHEREOF, the undersigned being a majority of
the Boas+d of Selectmen aforesaid have hereunto subscribed our
names this eighteenth day of February, 1963.
/8/ Lincoln P. Cole, Jr.
Selectmen
Otis S. Brown, Jr. of
Lexington 111
Levi G. Burner
Attest:
Hazel J. Murray
Executive clerk, Selectmen
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Lot Land Court
Owner No. Book Page Cert. No. Area Assessment
Jan & Sylvia
Leyenaar, h/w 36 6537 507 7850 $ 359 10
Jan & Sylvia
Leyenaar, h/w 35 7328 176 6000 274.47
Ross R. & Margaret
B. Rae, h/w L.C. 13 661 163 106313 6000 274.47
George L. & Doris
M. Francis, h/w L.C.12 601 155 94305 6000 274.47
185
II Lot Land Court
Owner No. Book Page ,Cert No. Area Assessment
Robert E. &
Isabelle Cassidy,
h/w L.C. 11 653 187 104737 6000 $ 274.47
Robert F. & Mary T
Monahan, h/w L.C . 10 644 116 102866 6000 274.47
Harry W. & Edna E.
Trask, h/w L.C. 9 071 161 108311 6000 274.47
William C. &
Susanne W. Hayes,
h/w L.C . 8 669 43 107793 6000 274.47
Frank H. Jr. &
Judith J. Totman,
h/w L.C . 7 609 11 95761 6000 274.47
Frank H. Jr. &
Judith J. Totman,
h/w L.C. 6 613 47 96597 6000 274 47
I
Marion F. Runstein
L.C. 14 654 36 104786 6000 274.47
Andrew Schneider 9A 5371 228 7500 343.09
Pasquale & Hermina
S. Luongo, hlw 10 & Pt.11 4679 134 8073 369. 30
Town of Lexington Pt. 12 5195 237.65
James E. & Mary A
Collins, h/w 13 9828 164 6000 274.47
Daniel & Mary
Ellen Tocci, h/w 14 7843 138 6000 274.47
Edward F & Hope 1
Kleinberg, h/w 16 8172 583 6000 274.47
Edward F. & Hope M
Kleinberg, h/w 17 8172 583 6000 274.47
Allan R. & Marguerite
S. Robinson, h/w 18 9682 282 6000 274.47
111 Richard L & Lois L
Moore, h/w 19 8461 139 6000 274.47
Richard L. & Lois L
Moore, h/w 20 8461 139 5250 240 16
i 86 ,�
Mt
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Mr. Cole moved to reconsider the classification
for the Clerk in the Civil Defense Department and
Civil Defense further, that the position be reclassified as S-3,
Clerk Senior Clerk. Two members voted in favor, three in
opposition, and the motion was therefore lost .
Mr. Legro retired at 10:37 P.M.
The Chairman reported on the meeting Wednesday
with Mr. Albert Gray, Jr. , applicant for the position
of Executive Assistant, and said he is anxious to
accept the appointment but felt he could not come
for less than $10,500 and would pay for his moving
Appointment expense .
Mr. Burnell r ;ported that Mr. Gray had stated he
would expect at the end of two years that his salary
would be reviewed.
Upon motion duly made and seconded, it was voted
to appoint Mr Albert Gray, Jr. , 406 Griswold Road,
aethersfield, Connecticut, Executive Assistant to the
Board, effective March 28, 1963, for a term expiring
March 31, 1964, at the rate of $10,500 per year,
classified as S-26
Messrs. Clarke and Battin of the Appropriation
Committee, met with the Board
The ChairMan reported that Mr Carroll had dis-
cussed the Kiln Brook drainage with Representative
John Brox and explained that it is necessary for the
Town to appropriate $30,000 if it is to receive a
$30,000 contribution from the State
Mr Clarke asked if the Board would be willing
to eliminate the reconstruction and widening of a
section of Lowell Street, a $40,000 item in the Public
Works Department budget if this amount of $30,000 is
to be appropriated for the Kiln Brook, and the Board
agreed to postpone the Lowell Street reconstruction.
Later in the evening, Mr. Clarke reported that
the Appropriation Committee recommended leaving the
Lowell Street item in and to use the $20,000 appropri-
ated in 1958 for the acquisition of the Great Meadows
towards the appropriation for the Kiln Brook project .
The meeting adjourned at 11:25 P.M.
A true meeting, Attest:
7714y1)•
• tec6t ivd' Cler0 Sel ec en
1.137
SELECTMEN'S MEETING
February 25, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, February 25, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Richards, Cole, Burnell and Brown were
present Mr.Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present .
Hearingdeclared was open upon petit,ion of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one Pole
pole on Massachusetts Avenue, west of Worthen Road. location
Mr. Serverson, representing the Boston Edison
Company, and Mr. Consilvio, representing the New
England Telephone and Telegraph Company, were present
Mrs. Marilyn H. Hamilton, 46 Asbury Street, was also
present.
Notice of the hearing was mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plan and also filed with the Assistant Town
Engineer
Mrs . Hamilton said she would like to know exactly
where the pole is going.
Mr. Serverson indicated the proposed location on
a plan and explained that the pole would be out in the
street on Town Property, and will be a supporting pole.
Mrs. Hamilton asked about guy wires and Mr. Serverson
said the company would like to place a guy wire on her
property, but if permission is not granted for the guy,
it would like the pole.
Mrs. Hamilton explained that she expects to build
on her land and does not know where the driveway willbe.
Mr. Serverson stated that in the event she does
build_„ and the pole is in the middle of the driveway,
the company would move it one way or another and she would
have clearance to the driveway.
Mrs . Hamilton said the pole would be all right but
she would not approve the guy wire in the yard
Mr. Serverson explained that it would be strictly
a guy pole with no crossarms or fixtures.
Mr. Consilvio stated that there would be no charge
if the pole has to be relocated
Mrs. Hamilton asked if it would be a pole with no
wires on the ground, and Mr. Serverson replied in the
affirmative. He explained it is what is known as a
guy stub about thirty feet out of the ground
188
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Mrs. Hamilton said it would be all right and re-
tired at 7:37 P.M.
Hearing was declared closed, and upon motion made
and seconded, it was voted to grant the petition and
sign the order for the following pole location:
Massachusetts Avenue, northerly side, approximately
63 feet west of Worthen Road, --
One pie
Marrett Road, from a pole located on southwesterly
side, approximately 1600 feet southeast of
Massachusetts Avenue, --
One guy wire and anchor
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
Guy wire guy wire and anchor on Marrett Road, 1600 feet south-
and anchor east of Massachusetts Avenue.
Mr. Servers9n, representing the Boston Edison
Company, and Mr Consilvio, representing the New England
Telephone and Telegraph Company, were present .
Notice of the hearing was mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ! plan and also filed with the Assistant Town
Engineer.
Mr. Serverson explained that the weight of the
wires is beginning to pull the present pole.
Upon motion duly made andseconded, it was voted
to grant the petition and sign the order for the fol-
lowing guy wire and anchor location (See above) .
Messrs. Serverson and Consilvio retired
Notice was received from the Lounty Commissioners
Hearing relative to a hearing to be held March 29, 10:15 A.M. ,
with reference to the construction of t`1assachusetts
Avenue.
Notice was received from the County Commissioners
relative to a hearing to be held March 29, 10:30 A.M
with reference to the abandonment of a portion of
Lincoln Street from Worthen noad, southwesterly about
375 feet.
The Chairman read a letter from Mrs. Mary Covello,
14 Mt . Vernon Street, Arlington, requesting the in-
stallation of water from Lisbeth Street to the end of
89
Clelland Road where she intends to build a house .
Mr. Carroll stated that he would send Mrs. Covello Water
a formal petition for signatures
The Chairman said that Mr. Gray will not be moving
to Lexington until after school is out and the question
of transportation came zp He asked if there was any Transport-
Town fear he could use temporarily ation for
Mr. Cole asked if Mr. Gray would expect to drive Mr. Gray
to and from Connecticut weekends
Mr. Carroll said all the cars in his department
are in use .
The Chairman said he would call Mr. Gray and find
out exactly what he does mean.
Further consideration of the 1963 sewer budget was Sewer
held over until the next meeting. budget
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on February 18.
Mr. Harold E Stevens, Special Counsel, met with
the Board.
Mr. Stevens presented a plan which he explained
was one of the taking plans for the Minute Man High-
lands sewer and reported that there are four cases
pending. He said he was dealing now with three of Claims
them: Antonucci, Mazza and Boghosian. He explained
that the easement runs through their property line and
they are represented by Mr. Russian. These claims can
all be settled for $350 each. The appraisal the Town
had was $100 for damage Mr. Stevens said taking into
account the expense of a trial, he would recommend that
the Board authorize settlement of $350 to each owner in
return for a confirmatory grant of the easement taken
and a release of all damages of the two takings . He
explained that additional work is to be done which was
not made a condition of this settlement
Upon motion duly made and seconded, it was voted
to authorize Mr. Stevens to settle each claim for $350
Mr. Stevens presented a plan which he explained had
to do with the Ives and Millican claims for land taken
for part of the access of the Diamond Junior High School
site. He indicated to the Board the parcels involved
and stated that the Board had authority from the Town
Meeting in 1960 to dispose of these claims. He also
indicated parcel shown as lot D1 to be granted to Ives
190
C-
and parcel shown as lot D3 to be granted to Mil.Lican.
He read the restrictions imposed in the deed on the
parcel to be conveyed to Millican and reported that he
had discussed this with Mr Spiris, Mr . Snow and Mr.
Carroll. He said the restrictions had also been ap-
proved by Mr. Millican and his attorney
In settlement of the claim against the Town by
Millican John H. Millican for damages arising out of a taking
settlement by eminent domain of a portion of his land as a part of the
site of the William Diamond Junior High School, it was
voted to convey to John H. Millican a parcel of land
shown as lot D3 on plan entitled "Plan of Lots Dl-D2-D3
Burlington Street, Lexington, Mass. ", John J. Carroll,
Town Engineer, dated December 15, 1959
In settlement of the claim against the Town by
Robert S. Ives and Anne B. Ives for damages arising
out of a taking by eminent domain of a portion of their
land as a part of the site of the William Diamond Junior
Ives High School, it was voted to convey to Robert S. Ives
settlement and Anne B. Ives a parcel of land shown as lot Dl on
plan entitled "flan Of Lots Dl-D2-D3 Burlington Street,
Lexin,ton, Mass . ," John J. Carroll, Town Engineer,
dated December 15, 1959.
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of dis-
Session 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.
A discussion was held relative to a request re-
ceived from the Air Force relative to disposing of
refuse in the Town sanitary fill area.
Mr. Stevens discussed the 1775 House suit against
the Town and the settlement that had been made by the
MDC with the owner for a water line easement over a
portion of the Town' s easement .
Upon motion duly made and seconded, it was voted
to resume the open meeting.
Messrs. Carroll and Stevens retired at 9:00 P.M.
The Chairman read a letter from Mr . Harold E.
School Site Stevens relative to the proppective school site on
Waltham Street and Winthrop Road.
The Chairman read a letter from Mr. Robert K.
Jeremiah advising that he plans to take his annual
191
vacation beginning March 1 . Mr C. Waldo Mc✓dilliams
is willing to substitute and Mr. Jeremiah asked if it
would be possible to pay him an additional $10 car Wire
allowance. Inspector
Upon motion duly made and seconded, it was voted
to appoint C. Waldo McWilliams as substitute Wire
Inspector for a three-week period beginning March 4;
all remuneration for his services to be paid from the
Wire Department budget The request for an addi-
tional $10 car allowance was denied
Upon motion duly made and seconded, it was voted
to grant request received from the Church of Our Paper Drive
Redeemer for permission to conduct a paper drive on
Sunday, March 31, between 1 00 P.M. and 6:00 P.M.
Invitation to attend the Middlesex County Council
Lddies Auxiliary tothe V.F.W. banquet on April 6 was Invitation
held over.
The Chairman read a letter from Mr . Edwin A.
Hartley referring to a conversation with the Chairman
relative to reimbursement for expenses incidental to Expenses
his interview with the Board.
Upon motion duly made and seconded, it was voted
to authorize payment of $70, expenses incidental to
Mr. Hartley's trip from Pennsylvania.
Application was received from the Firemen's Bene-
fit Association for permission to conduct a Record Hop
in Cary Memorial Hall on Saturday, March 2. Use of hall
Mr. Richards suggested, and the Board agreed, to
establish a policy whereby applicants for the use of
Cary Memorial Hall for dances, entertainment or banquets
open to the public, will be required to make a security
deposit of $50 to cover the cost of any damages .
Upon motion duly made and seconded, it was voted
to grant the Firemen' s Bebefit Association permission
to conduct a Record Hop on March 2, subject to a charge
of $35; security deposit of $50 and payment of all over-
time for custodian 's cleaning the building and prepar-
ing the hall for voting on March LF.
Upon motion duly made and seconded,it was voted
to grant the Lexington Civil Rights Committee permission
to conduct a public meeting in Estabrook Hall on March Permit
28 from 8:00 P.M. until 10:30 P.M.
Upon motion duly made and seconded, it was voted
11 to deny application for a Taxi Driver 's license re- License
ceived from Fred William Moriarty, 36A Woburn Street . denied
192 1,
ir
The Chairman reported that Mr. Stillman Williams
called him today on behalf of the Special Housing Survey
Committee. He said the group is very anxious to have
an article in the warrant calling for the establishment
Lexington of a Lexington Housing Authority, and he advised Mr.
Housing Williams that the Board wanted to defer the matter until
Authority it had an opportunity to check the details
The Chairman said he could not see where four monthdl
delay will make any great difference.
The Board felt that the proposed establishment of
the Housing Authority had considerable merit but is a
subject which should also be considered by the Planning
Board.
Upon motion duly made and seconded, it was voted
Town to call a Special Town Meeting within the Town Meeting
Meeting called for March 18, 1963, to be held at 8:00 P.M. on
March 25, 1963.
Mr. Cole reportedthat he met Mr. Charles Evans
Saturday and talked to him about the S-1 and S-3 for
the Civil Defense Clerk. He stated that Mr. Evans
confirmed his understanding that the girl remains in
her present position until the salary schedule catches
up with her. He said under the S-1 classification,
she can never get a raise because she is at the maxi-
Civil De- mum for a Junior Clerk. He said in view of this,
fense Clerk the Board might reconsider the S-3 category. He
Classifi- stated that the S-3 classification would not make any
cation change in the salary
Mr. Cole moved for reconsideration of the vote
taken la.it week. The motion was seconded and carried
by a vote of three to two.
Mr. Cole moved that the Clerk in the Civil Defense
Department be reclassified as S-3 Senior Clerk. The
motion was seconded and carried by a vote of four to
one.
Mr. Cole reported that Mr. Burrell, Director of
Civil Defense, would rather have the $12,000 approved
C.D.Warning for shelters to apply towards a warning system; the
System amount requested for the warning system having been
disapproved.
Mr. Cole reported that he received a td.ephone
Traffic call from the Parker School expressing concern about
the approach from Route 128 to the school
Mr. Burnell asked if the Board had voted to accept
the traffic pedestrian law and said it was supposed to
11
be in the warrant for the Annual Meeting.
The Chairman suggested that the subject be held
over for a fall Town Meeting. Pedestrian
Mr. Burnell explained that no appropriation is traffic law
required; the Town accepts the enabling Act and a year
later accepts the pedestrian control law.
The Chairman said it looks now as if it would
have to be held over .
The meeting adjourned at 10 03 P.M.
A true record, Attest
f.% ✓ie%i
EXe tivgiClerl , Select n
.dam
ei
194
mr
w.
SELECTMEN'S MEETING
March 4, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, March 4, 1963, at 7:30 P.M. Chairman Adams,
Messrs . Cole, Richards, Burnell and Brown were present.
Mr. Legro, Town Couns®1, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of four jurors. The following
'Jurors individuals were drawn for jury duty: Frank J. Rosato,
12 Blueberry Lane, Oscar W. Kaalstad, 16 Slocum Road,
Willard C. Sargent, 58 Spring Street, and Robert D.
Sutherland, 12 Locust Avenue.
The Chairman read a letter from Austin W. Fisher ,
Jr. , Chairman of the Standing School Building Committee,
advising that, with the expansion of the high school
and approval from the Emergency Finance Board for bond-
ing, it will be necessary for some portion of the bonds
to be issued prior to April 20. He also asked that the
arrangement for keeping records be the same as that used
School in the Estabrook School. He instructed that a copy of
bonding the letter be sent to the Town Accountant and a copy
given to the Town Treasurer.
Later in the evening when Mr. Blaisdell, of the
Appropriation Committee, was present, he showed him the
communication and asked him to follow it through.
Mr. Carroll retired at 7 37 P.M.
Mr. Burnell asked if, as a Board, the Selectmen
refused to grant a liquor license, It could be over-
ridden by the Alcoholic Beverage Commission and if it
Legal is customary for this to happen.
opinion Mr. Richards explained that the Commission can
over rule the Board only in the negative. He said that
the local licensing Board has complete authority and the
Commission can no longer grant a license in a community.
The Chairman asked Town Counsel for a ruling for the
record.
Mr Carroll said about a month ago, he discussed
a sewer easement through the MacBeth property on Waltham
Street . He presented a plan and indicated the proposed
195
location of the sewer and pointed out lots 27 and 28 on
Waltham Street owned by Mrs . MacBeth. He reported that
he received an appraisal of $2,000 each as being the value
and said there ar•e three alternatives for locating the
sewer.
1. Take all of lots 27 and 28. However, Town
Counsel advised that basically this cannot
be done because it would be taking more land
than is actually needed for the sewer. Woodhaven
sewer taking
2. Take an easement fifty feet wide which would
approximate the location of a future road,
which the Planning Board feels is a possi-
bility for the future. If this is done,
both lots 27 and 28 will be destroyed which
will result in total damage
3. Take lot 27 and relocate the sewer into this
lot. Then a betterment could be assessed on
lots 26 and 28. Mrs. MacBeth owns everything
from lot 23 to 29.
Mr. Burnell said he thought the most desirable pro-
cedure would be to buy the lot.
Upon motion duly made and seconded, it was voted
to proceed with the taking of lot 27 Waltham Street for
the purpose of locating the Woodhaven Trunk Sewer.
Mr. Carroll presented a plan of land on Moreland
Avenue and mentioned that the 1962 Annual Town Meeting
gave the Board authority to take land off Moreland Avenue
for school purposes, and referred to a meeting with Oscar
Carlson, who owns lot 57. He said the Board has the
authority to take lots 56 and 57 but the problem is to
determine what is actually needed in order to connect
Moreland Avenue in the Carrig subdivision with Moreland
Avenue on the hill. He said most of lot 57 would be
taken and a corner of lot 56. He said the question is
whether or not lot 56 is needed for school purposes.
Mr. Legro said the only reason he has been given
is that it is needed for access .
Mr. Carroll asked if the Board wanted to take lot 56
Mr. Brown suggested an exchange of lots with Mr.
Carlson.
Mr. Carroll reported that he received an appraisal
of $1250 for lot 57.
It was agreed to leave the layout as presented and
explained by Mr. Carroll . The Board in general was in
favor of taking sufficient land to conform to the layout
agreeable to the planning Board.
196
MC
C-
Mr. Carroll referred to a request for extension of
/ a water main to service lots on Clelland Road owned by
V a Mrs. Covello. He reported that ther is no information
available as to whether or not Clelland Road is actually
a street.
It was agreed to advise Mrs. Covello that there is
some indication that the lots which she owns are not on
Water a street as defined in the Zoning By-Laws. If she can
show the Board that this section of Clelland Road is a
public way, or a private way legally opened or dedicated
to public use or approved by the Planning board, further
consideration willbe given to her request.
Further consideration was given tothe sewer budget,
with particular reference to Scotland Road.
Mr. Carroll presented a plan and reported that the
six individuals who signed the petition live in the first
six houses. He said, if the Board approves , there is
no reason why the sewer could not be limited to just
Sewer these six houses.
It was agreed to include this section of Scotland
Road, and the Chairman asked Mr. Carroll to submit a new
budget figure next week including Slocum Road and Foster
Road, Mark Moore ' s development off East Street.
The Chairman read a letter from the Massachusetts
Aeronautics Commission relative to an application re-
ceived from the Massachusetts Helicopter Airlines, Inc. ,
for approval of an intrastate helicopter air service
between Boston-Logan Airport, Bedford Airport and twelve
off airport steps .
Mr. Legro advised that this would be use of land
not permitted by the Zoning By-Law, and if permission is
to be granted, it would have to be under provision of
landing fields by approval of the Board of Appeals .
Notice was received from the State Department of
Public Works advising that the Commissioners voted to
accept the Board' s offer to settle a claim for damages,
',Settlement layout No. 5146, dated August 29, 1961.
lof claim Mr. Carroll explained this is the portion of
Massachusetts Avenue just before going onto Route 128
which the Board offered to settle for $175.
The Chairman read a letter from the Bureau of
Spring Street Public Roads in reply to the Board's letter of February
interchange 19 relative to the southea terly quadrant of the Spring
Street interchange.
197
The Chairman road a letter from the Lexington As-
sociation of Independent Insurance Agents requesting
permission to have the Town's insurance policies for
a survey to be made of the Town' s insurance program.
Mr. Carroll said he did not think the policies
should be taken from the building. Insurance
Mr. Cole and Mr. Brown advised that such a pro-
cedure was not unusual.
The Board agreed to grant the Association 's re-
quest for custody of the policies for a forty-eight
hour period of time providing Mr. Carroll has a signed
receipt for the policies.
Request was received from Edwin J. Breslin, 2227
Massachusetts Avenue.,. for installation of a street
light opposite the Concord Hill Market .
Mr. Carroll said the Traffic Study Committee is Street light
considering the illumination of the entire area.
Mr. Burnell said this would require spending some
time with Mr Collazzo.
Mr. Carroll said there is a dark area opposite the
store and it would not do any harm to install the light.
Mr. Burnell said because of Mr Collazzo' s request ,
the result may be relocating a series of lights in the
area and it would not be wise to install one now which
might have to be relocated later.
The Chairman read a report from Mr. Carroll with
reference to the recent request from thh Air Force for Dump
permission to dump rubbish in the Town dump.
The Chairman reported that John Porter, owner of
large tract of land on Lowell Street, saw him today
about the sidewalk betterment levied against his pro-
perty in the amount of $524.81.
Mr. Carroll presented a plan of the nineteen acre
parcel and indicated the portion on the east side of
Lowell Street which he explained was undeveloped, a Sidewalk
swamp with no lots . betterment
Mr. Richards said inasmuch as the parcel has not
been subdivided, he thought the betterment could be
deferred.
Upon motion duly made and seconded, it was voted,
under provisions of Chapter 159 of the Acts of 1950,
to extend the time for payment of $524.81, without
interest, of the sidewalk betterment assessment levied
against a parcel of land located on Lowell Street , owned
by Elizabeth and John Porter, until said land or any
198 t,
Lam.
$t1' h tgr,gErlsf 811thlip8RtesRtfle8' ,u 3 it;h81 reiii;Eittion
occurs first
The Chairman read a letter from lames C. Mallen,
Contracting Officer, United States Air Force, relative
to water rate increase under L'ontract No. AF19(604)-781
Air Force and Contract No AF19(628)-700.
water rate The Communication was referred to Mr. Hrold E. Stevens
Special Counsel, and a copy to be given to Mr. Legro,
Town Counsel.
Mr. Carroll reported that the garbage contractor
has not put on an additional truck and the collection
Garbage is worse than it was a week ago. He said he thought
the Board should send the contractor another letter
and demand that he put on another truck
Mr. Legro said he thought the bonding company
should be notified immediately if the contractor does
not comply.
At 8:30 P.M. , the Recreation Committee met with
the Board for a clarificati n of the amount approved
in the Committee 's 1963 budget Mr. Blaisdell, of
the Appropriation Committee, was also present .
The Chairman explained that the Board approved
Recreation an amount of $5500 and did not disapprove any individual
budget item. He stated that the Board felt the skating area
could be deferred for another year.
Mr. Blaisdell explained that his Committee had
approved the same amount as last year.
Mr. Kelly said he would like to go on record as
coming back for funds .
The Committee and Mr. Carroll retired at 9:04 P.M.
Mr. Burnell said that the Traffic Study Committee
recommends that no parking be permitted on the north
Traffic side of Ledgelawn Avenue for a distance of fifty feet
to Bedford Street. It also recommends that the stop
signs at Depot Square and Station Way be legalized.
Maxtrant in the gmOARt orf' X004.•52 Maa•Jreae;-,At
Warrant frm the County Commissioners.,for ,e mAinte_ne:nge,
operation_and repair of the Middlesex County Sanatorium
for the year 1962.
Upon motion duly made and seconded, it was voted
to grant the Greek Orthodox Church of Cambridge, per-
Permit mission to commence its annual ten mile road race at
the Common on Saturday, March 23, at 1:00 P.M. , sub-
ject to all details being worked out with the Chief
of Police.
199
Upon motion duly made and seconded, it was voted
to accept an invitation from the Town Celebrations Com- Parade
mittee to participate, by marching, in the early morn-
ing parade on April 19.
Upon motion duly made and seconded, it was voted
to accept with regret Mr. Harold E. Lombard's resig- Resignation
nation from the Board of Public Welfare.
The Chairman reported that the Chamber of Commerce
would like to keep the area at the Information Booth
free from stands on April 19. April 19
It was agreed to request the American Legion, to stand
whom permission for the operation of a stand was granted.
to contact the Cnamber of Commerce to see if some mutually
satisfactory arrangement can be worked out .
Upon motion duly made and seconded, it was voted
to grant the Lexington Fireman's Relief Association
permission to conduct a Record Hop in Cary Hall on March
16, subject to a charge of $35, a deposit of $50, and Use of hall
payment of all overtime for custodian 's services in
cleaning and preparing the building for the Town Meet-
ing on March 18.
Upon motion duly made and seconded, it was voted
to grant the Lexington .-H Town Committee permission to
conduct an exhibit in Cary Hall on April 2S free of Use of hall
charge and without any deposit, but subject to janitor 's
fees for overtime services.
Upon motion duly made and seconded, it was voted
to grant the Premiere Performance Company permission
to conduct a workshop performance in Estabrook Hall on Use of hall
March 9 free of charge without any deposit, but subject
to janitor 's fees for overtime services .
Upon motion duly made and seconded, it was voted
to deny Wayne W. Sears' application for a Taxi Driver's License
license inasmuch as he is under twenty-one and does not denied
have a Driver's Education Certificate.
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver Licenses, satisfactory
character references having been received from the Chief
of Police:
Jeffrey M. Merrick Mighael A. Maurer
William C. White
Upon motion duly made and seconded, it was voted Sewer Order
to sign an Order of Sewer Taking in Moreland Avenue in
the following form:
200
Mr
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
ORDER OF SEWER TAKING
MORELAND AVENUE
From Davis Road 310 feet,
more or less, southwesterly
The Board of Selectmen of the Town of Lexington acting as a Board of
Water and Sewer Commissioners for and in behalf of the said town by virtue
of the authority conferred upon them by the following vote and of every
other power them thereto enabling, at a meeting duly held this fourth day
of March, 1963, has laid out and voted to construct a sewer main in Moreland
Avenue, a way in said town opened or dedicated to the public use which has
not become a public way from Davis Road 310 feet, more or less, south-
westerly as more fully shown on a plan entitled "Plan of Proposed Sewer
in Moreland Ave. , Lexington, Mass. , Scale 1" = 40' , Feb. 15, 1963, John J.
Carroll, Town Engineer", abutting the premises thereon designated as
Lots 24, 25, 26, 22 and 23 on the Assessors ' plans and does hereby order
that the same be constructed in said location. A plan entitled "Plan
of Proposed Sewer in Moreland Ave. , Lexington, Mass. , Scale 1" = 40' ,
Feb. 15, 1963, John J. Carroll, Town Engineer" is to be recorded
herewith all in compliance with the vote taken at the Adjourned Town
Meeting held on March 19, 1962, as follows:
"VOTED: That the Selectmen be and they hereby are authorized to
install a sewer main or mains in such locations as the Selectmen may
determine from Pleasant Street, near its intersection with Route 2,
to the vicinity of the Woodhaven area and also to the westerly side
of the Follen Hill and adjacent areas, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts
of 1897, and all acts in amendment thereof and in addition thereto,
or otherwise, and to take by eminent domain, purchase er otherwise
acquire any fee, easement or other interest in land necessary there-
for; and to appropriate for such installation and land acquisition the
sum of $584,000.00 and to provide for payment thereof by the transfer
of $33,816.37 from the unexpended balance of the appropriation for the
installation of sewer mains voted under Article 14 of the warrant for the
1959 Annual Town Meeting, by raising $50,183.63 in the current tax levy and
the balance of $500,000.00 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 $500,000.00 and to
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
201
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General Laws and
Chapter 221 of the Acts of 1926. The area which it is expected will
receive advantage other than the general advantage to the community
from such improvement comprises the several lots shown upon the plan
of John J. Carroll, Town Engineer, above referred to, which are desig-
nated in the schedule hereto annexed and made a part hereof. We
estimate the betterments that would be assessed upon each said parcel
of land to be as shown in the said schedule.
And it is further ordered that a copy of this order, attested
by the Clerk of the Board, be filed for record in the Registry of
Deeds for the Southern District of said County, as a statement of
our action in the premises in compliance with the provisions of
Section 27 of Chapter 83 of the General Laws.
NOW, 'THEREFORE, we the undersigned, being a majority of the
Board of Selectmen of said Town of Lexington, duly elected and quali-
fied and acting as such, and as a Board of Water and Sewer Commissioners
for and in behalf of said Town of Lexington, 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 by virtue of the authority conferred upon them by the foregoing
vote and every other power and authority them thereto enabling, take
in the name and on behalf of said Town of Lexington the perpetual
rights and easements to lay, construct, inspect, repair, remove,
operate and forever maintain a sanitary sewer or sewers with any man-
holes, embankments, walls, pipes, culverts and other appurtenances,
and to do all other acts incidental thereto, including the right to
pass along and over the land for the aforesaid purposes, in, through
and over the parcel of land situated in said Town of Lexington and
shown nn a plan entitled "Plan of Proposed Sewer in Moreland Ave. ,
Lexington, Mass. , Scale 1" = 1.1.0 ' , Feb. 15, 1963, John J. Carroll,
Town Engineer", to be recorded herewith
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 ownirs and their heirs
successors and assigns all their respective rights in and to the use
of their lands lying within said described strips for all lawful pur-
poses not inconsistent with the use thereof for all of the purposes
hereinabove mentioned.
On each occasion that the Town enters upon the land in which the
aforesaid rights and easements are taken and performs any work thereon
it shall be the obligation of the Town to remove all surplus material
and to leave the premises in reasonably the same condition as when
the entry was made.
202
Any trees upon the land included within the above-described
strips are included within the taking.
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarded.
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 correctly stated, it is to be understood that
such land or interest is owned by an owner unknown to us:
UNREGISTERED LAND
Lots as shown on
Owner Aforesaid Plan Book Page
Richard and VeeLing Edward,h/w 24 8622 5511.
Richard and VeeLing Edward,h/w 25 8622 5511.
Richa_ d and VeeLing Edward,h/w 26 8622 5511.
Town of Lexington 22
Town of Lexington 23
IN WITNESS WHEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto subscribed our
names this fourth day of March, 1963.
/s/ Alan G. Adams
Norman J. Richards Selectmen
Otis S. Brown, Jr. of
Levi G. Burnell Lexington
Lincoln P. Cole, Jr.
Attest :
/s/ Hazel J. Murray
Executive Ulerk, Selectmen
203
"I.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Lot
Owner No. Book Page Area Assessment
Richard & VeeLing Edward,
h/w 24 8622 554 6030 $ 297.61
Richard & VeeLing Edward,
h/w 25 8622 554 6030 297.61
h
Richard & VeeLing Edward, 8622 554 5150 254.17
Town of Lexington 22 6030 297.61
Town of Lexington 23 6030 297.61
The meeting adjourned at 10:05 P.M.
A true record, Attest:
®etrtiv e „clerk Selectmi
1.5
204 MC
SELECTMEN'S MEETING
March 11, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, March 11, 1963, at 7:30 P.M. Messrs. Adams,
Cole, Burnell, Brown and Cataldo were present. The
Executive Clerk was also present .
The meeting was called to order by the Clerk who
stated that motions were in order for the election of
a Chairman.
Upon motion duly made and seconded, Mr. Adams
was nominated for Chairman of the Board.
Organization Mr. Adams stated that, if elected, he would ac-
cept for a period about the middle of April and that
he would like to go through the Town Meeting.
Upon motion duly made andseconded, nominations
were closed.
The Clerk cast one ballot for Alan G. Adams as
Chairman. Mr. Adams was unanimously elected Chairman
of the Board.
Mr. Legro, Town Counsel, and Mr. Carroll, Super-
intendent of Public Works, met with the Board.
Mr. Carroll reported that he received a letter
last week from the State Department of Public Health,
Woodhaven in regard to the Woodhaven sewer, advising that the pro-
sewer ject meets Federal requirements and the department is
prepared to make a grant of $178,200. He proceeded
to read the conditions that must be complied with before
the Town is paid any money under the grant .
Mr . Carroll presented a plan and discussed problems
Easement encountered pertaining to the easements. He recommended
taking a 50' easement along the line of the road Mr.
Carrig proposes, and outlined the location for the Board.
Upon motion duly made and seconded,it was voted
to take a 50' easement as outlined on the plan by Mr.
Carroll.
Mr. Carroll referred to land owned by the Evangelical
Covenant Church of Cambriage, as shown on sap entitled
"Property Map Town of Lexington", Middlesex County Massa-
chusetts, James W. Sewall Company, Old Town Maine #15.
He explained that the church had requested that the sewer
20 5
and Worthen Road be moved about forty feet at one corner
and this was done. However, they will not grant any ease-
ment and asked to have a taking made . Mr. Carroll re-
commended taking an easement 50' wide with a 201 con-
struction easement , that is 101 on each side.
Upon motion duly made and seconded, it was voted
to take a 50' sewer easement with a 201 construction
easement as indicated on the map.
Mr. Carroll referred to land owned by Henning W.
Swenson, as shown on map entitled "Property Map Town of
Lexington", Middlesex County Massachusetts, James W. Easement
Sewall Company, Old Town Maine #23, and reported that
Mr. Swenson has no objection to the Town taking a sewer
easement. He explained that he plans to take a 451 sewer
eadement and a 50' drainage easement which overlap each
other, but at the moment, only the sewer easement is to
be considered.
Upon motion duly made and seconded, it was voted
to take a 451 sewer easement as indicated on the map.
Mr. Carroll referred to land owned by Frank Walker,
as shown on thesame map and reported that Mr. Walker
will not grant either a drainage or sewer easement. He
recommended that the Town take a 45' sewer easement in
this property.
Upon motion duly made and seconded, it was voted
to take a 45' sewer easement as indicated on the map.
Mr. Carroll referred to land ownedrby Valleyfield
Realty Trust as shown on map entitled " roperty Map Town
of LexingtonP, Middlesex County Massachusetts, James W.
Sewall Company, Old Town Maine, #17, and indicated lot
65 which is owned by the Town. He also pointed out the
land owned by the Trust and reported that the attorney
for the Trust suggested that the sewer be relocated to
avoid its property completely because it mould cut the
parcel into three sections. Mr . Carroll said he did
investigate this possibility and arrived at the con-
clusion that the suggestion was a good one insofar as
saving money was concerned. It would save between
$4,000 and $5,000 for the construction of the sewer, but
it would not serve the surrounding property as well as
it would in the location as shown on the plan. He
recommended that the sewer be constructed in the lo-
cation as shown even though it will be more expensive.
He stated that Mr. Higgins , Assistant Town Engineer,
suggested an exchange of land between the Trust and
the Town.
?06
Upon motion duly made and seconded, it was voted
to approve the location as recommended by Mr. Carroll
and also to approve an exchange of land as suggested
by Mr. Higgins and approved by Mr. Carroll.
At 8:00 P.M. , the Chairman adjourned the Selectmen's
Meeting and Mr. Clarke, Chairman of the Appropriation
Committee, opened the meeting required under Article III ,
Section 2 of the General By-Laws, to consider the items
which make up the annual budget, and any other municipal
matters . Representatives from the Appropriation Committee,
School Committee, Cemetery Commissioners and Board of As-
sessors were present .
Following Mr. Clarke's opening remarks, a discussion
was held relative to the amounts approved for the Cemetery
Commissioners, the Board of Assessors and the action taken
on the Posture Clinic budgets .
The Appropriation Committee meeting adjourned at
8:45 P.M. , at which time, the Selectmen's meeting was
resumed.
The Chairman read a letter from Mr. Carroll, ad-
Garbage wising that the amount requested for garbage collection should
budget be $38,333.00 instead of $38, 000.00.
Upon motion duly made and seconded, it wets voted to ,
approve the following j/o pole Iodations, all having
been approved by Mr. Carroll:
Pole
locations Turning Mill Road, southeasterly side, northeasterly
from a point approximately 22 feet northeast
of Partridge Road, --
Three popes .
Turning Mill Aoad, southeasterly side, southwesterly
from a point approximately 25 feet southwest
of Partridge,Road, --
Two poles .
Cambridge-Concord Highway, southwesterly side,
approximately 253 feet northwest of Mt . Tabor
Road, --
One pole, guy wire and anchor.
(One existing j/o pole to be removed. )
Grove Street, southwesterly side, approximately 16 feet
southeast of Carriage Drive, --
One pole.
(One existing j/o pole to be removed. )
1
207
Rindge Avenue, southeasterlyside, southwesterly from
a point approximately 0 feet soutbWL.st of Rawson
Avenue, --
Nine Poles.
Robinsbn ,Road, southerly side, easterly from a point
approximately 75 feet east of Grove Street, --
Two poles.
(Two existing j/o poles to be removed. )
Maguire Road, northeasterly side, southeasterly from
a point approximately 158 feet southeast of
Westview Street, --
Four poles, guy wire and anchor on fourth pole.
The Chairman read a letter from A. S. Richardson,
Jr. , 3 Wingate Road, with reference to water drainage
on Diana Lane, between Wingate Road and Childs Xoad. Drainage
Mr. Carroll reported that he did not have an op-
portunity to look at the area, and action was held over
rtntil the next meeting of the board.
The Chairman read a letter from Porter & Desmond
requesting permission to move a house from #2 Deming
Road to the lot at the corner of Lake and Columbus
Streets. Permit
Mr. Carroll advised that he did not think there
was any problem and that he and the Chief of Police
would go over the proposed route. He also stated that
Mr. Mazerall does not anticipate any difficulty.
Upon motion duly made and seconded, it was voted
to grant a permit to move the house subject to the
usual provisions.
The Chairman read a letter from the Board of As-
sessors to Mr. Carroll with reference to one item
entering into the tax rate, the sale of water. The
Assessors plan to use $400,000 in the 1963 rate. Tax rate
Mr. Carroll said he did not think the figure
would be that high and that it would be between
$350,000 and $375,000.
The Board was of the opinion that no change should
be made in the original estimate of $400,000.
Mr. Carroll retired at 8:55 P.M.
Mr. Frank P. DiGiammarino, Social Studies teacher,
met with the Board relative to the Lexington Student
Government Day Program. He explained that he is try-
ing to plan a day when the High School Seniors will
208
take over the ; government for one day, and presented
each member of the Board with a copy of the proposed
program.
Student It was agreed to have the group attend the
government Selectmen 's Meeting on Monday, April 1, from 7:30 P.M.
Day until 8:00 P.M.
Mr. DiGiammarino retired at 9:00 P.M.
Mr. Louis Bongiorno, who operates Craft Cleansers,
Inc. , met with the Board. He stated that since the
installation of parking meters, he does not have a place
to park one of the company cars which presents a problem
in connection with pickups and deliveries, and results
in going from the parking lot six to ten times a day
for deliveries to the schools He stated that he had
Craft been parking along the fence near the railroad tracks,
Cleansers ' where there a e no meters, and was stopped by the Police
parking Department . He said he has had the real estate re-
presentative of the Boston Edison Company out and was
in the process of purchasing the parcel of land along-
side the building on the track side . He said there
is a problem as to whether the Town or the Boston Edison
Co. pany owns it. He said according to Mr. Carroll,
Superintendent of Public Works, the Town owns the land,
but the Edison representative thinks the Edison owns it.
The Chairman said the Board would obtain definite
information as to the status of the land involved and
let Mr. Bongiorno know its decision.
Mr. Bongiorno retired at 9:10 P.M.
Mr. Donald Guiler met with the Board relative to
a written request from the Lexington Minute Men for
permission to operate a concession during the 2SOth
Minute Men anniversary, April 18 to April 20, near the northeast
Concessions corner of Bedford and Hancock Streets, just beyond
booth Buckman Tavern. The Chairman read the letter which
also included a request for permission to have vendors
on the streets to sell small souveniers.
Mr. Guiler said an ideal location would be sixty
feet beyond the Minuteman located on the curve.
The Chairman asked if the booth would be on the
street and Mr. Guiler replied that it would be on the
inside of the sidewalk between the Buckman Tavern and
the Red Cross building. The equipment is a rubber
tired trailer which can be locked at night . He also
stated that at a meeting, since the letter was written,
it was decided to exclude the request for selling
souveniers.
Upon motionduly made and seconded, it was voted
to grant the request, as outlined, the organization to
contact the Chief of Police to advise him of the details.
Mr. Guiler retired at 9:15 P.M.
20
Mr. Burnell said that at some time the Board
should try to establish a policy for the use of the
land around the Common.
The Chairman read a letter from the Lexington Jayvees
requesting permission to place a refreshment booth in the
driveway of the library, facing Massachusetts Avenue, Jaycees '
next to the Douglass Funeral building on April 19. The booth
Board had no objection.
The Chairman reported that Warren Russell called
and asked about an individual who wants to sell bal-
loons April 19.
The Board read the rulbs and regulations for
hawkers and peddlers, adopted September 1, 1949, and
authorized the Chairman to advise Mr. Russell that
the rules adopted prohibit the sale of balloons on
the avenue.
Mr. Joseph Rooney met with the Board at 9:55 P.M.
and stated that the Marine Corps League had an idea
relative to an official Town flag which the league
would like to have made and presented at the morning
parade, April 19. He explained that it would be made Official
by the individuals who make the flag for the new Town flag
Governor of the State and will be handmade. He said
the league would also like to present one to each
public building in the Town and have small miniatures
made up for sale to help defray the expenses involved.
The Chairman asked if Mr. Rooney had talked to
the Town Celebrations Committee and he replied that
he expects to discuss the subject with that committee
next Thursday night.
The Chairman said that there may possibly be some
legal problem selling miniatures if the flag is to be
the official Town flag. However, when the subject
was presented to Town Counsel later in the evening, he
had no objection.
Mr. Rooney retired at 9:53 P.M.
Officer Forten's resignation as Dog Officer was
held over. It was agreed to remind the Chief of Dog Officer
Police that the resignation had been held in abeyance
pending receipt of information from him and ask that
he advise the Board by March 20.
Upon motion duly made and seconded, it was voted
to reappoint Mr. Paul E. Mazerall Superintendent of Appointment
Insect Pest Control for a term expiring March 31,1964.
`'10
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The Chairman read a letter from Mayor John J.
Buckley, Chairman of the NASA for Central Merrimac
Meeting Valley, extending an invitation to attend a meeting
of the committee on Wednesday, March 13.
Mr. Cataldo agreed to represent the Board.
The Chairman read a letter from the Recreation
Committee with reference to a request received by
the Board from Temple Emunah Brotherhood for the use
Use of of the Parker Playground. The Recreation Committee
playground has customarily given permission to organizations
of this nature for the use of playgrounds for athletic
events and could see no reason for not approving the
request.
Invitation to attend the Middlesex County Council
Ladies 'Auxiliary V.F.W. banquet on April 6 was held
Invitation over.
Mr. Cataldo agreed to represent the Board.
Upon motion duly made and seconded, it was voted
LVNA to appoint Mr. Cataldo to represent the Board of
representa- Selectmen on the Board of Directors of the Lexington
tive Visiting Nurse Association.
Upon motion duly and seconded, it was voted
Bond to approve bond #821d49 in the amount of $1,000 on be-
half of Kenneth M. Cox, Constable.
Upon motion duly made and seconded, it was voted
to make the following annual appointments:
APPOINTMENTS
Terms expiring March 31, 196!} unless otherwise noted.
Board of Appeals Lewis L. Hoyt (5 year term)
Board of Appeals (Associate Members)J. Henry Duffy
Ruth Morey
George C. Sheldon
Howard H. Dawes
Nathan B. Ricker
Robert H. Farwell
Board of Public Welfare Robert K. Taylor
Howard H. Dawes
Paul F. Bartel
Robert P. Trask, Jr.
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211
' APPOINTMENTS ( CONT'D. )
Building Inspector Donald K. Irwin
Director of Civil Defense Arthur E. Burrell
Director of Veterans ' Benefits Maurice D. Healy
Executive Clerk Hazel J. Murray
Executive Assistant Albert Gray, Jr.
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
Gas Inspector John B. Byrne, Jr.
Lockup Kopper John W. Rycroft
Measurer of Wood and Bark Harold I. Wellington
Old Age Assistance Bureau Robert K. Taylor
Howard H. Dawes
Paul F. Bartel
Robert P. Trask, Jr.
Park Department Superintendent Paul E. Mazerall
Plumbing Inspector John B. Byrne, Jr.
Public works Superintendent John J. Carroll
Public Works Assistant Superintendent Guy V. Cololla
Registrars of Voters Malcolm H. Clifford 166
Town Counsel Donald E. Legro
Town Engineer John J. Carroll
Assistant Town Engineer Robert L. Higgins
Tree Warden Paul E. Mazerall
Veterans' Graves Officer Maurice Di Healy
Wire Inspector Robert K. Jeremiah
Upon motion duly made and seconded, it was voted
to hold the next regular meeting of the Board on Wednesday,
March 20, 1963, in the Selectmen' s Room, at 7:30 P.M.
Messrs. Clarke, Blaisdell and Legro met with the
Board.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating or voting on a matter which, if Session
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following a discussion of the Law Department ap-
propriations, Messrs. Clarke and Blaisdell retired.
The meeting adjourned at 11:55 P.M.
A true record, Attest
xecutive erk Select n
615(1
212.
SELECTMEN'S MEETING
March 20, 1963
A regular meeting of the Board of Selectmen waa
held in the Selectmen' s Room, Town Office Building,
on Wednesday, March 20, 1963, at 7:30 P.M. Chairman
Adana, Cole, Burnell, Brown and Cataldo were present .
Mr. John J. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Mr. Legro arrived at 10:30 P.M.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectman ' s Meeting held
March 11, 1963.
The Chairman read a letter from Arthur J. Brock,
Chairman of the Democratic Town Committee, recommending
the purchase of additional voting machines prior to the
election in November, 1964.
It was agreed to advise Mr. Brock that a similar
Voting request had been 1eceived from the League of Women
Machines Voters in January, at which time theBoard stated
that it believed an article would be inserted in the
warrant for the 1964 Annual Town Meeting, requesting
an appropriation, and that the machines would be
available for the election in November, 1964
The Chairman read a letter from John F. Rodrigues,
87 Burlington road, Bedford, pertaining to a bill in
Claim the amount of $43 for repairing damages to his car
which he claimed were caused by a rut on Lowell Street.
The letter was referred to Town Counsel
The Chairman read a letter from the State per-
taining to a release of damages in connection with
Release a parcel of land on this side of Massachusetts Avenue
just before Route 128. The Board had voted at a
previous meeting to settle for $175.
The letter and instrument of release were taken
by Town Counsel
Chief John W. Rycroft met with the Board at 8:00
P.M. and recommended that Officer Forten's resignation
as Dog Officer be accepted and that Officer Shaughnessy
Dog Officer be appointed to fill the vacancy.
Upon motion dulyrnade and seconded, it was voted
to accept with regret Officer George W. Forten's resig-
nation as Dog Officer, effective immediately.
aid 1a
Upon motion duly made and seconded, it was voted
to appoint Michael J. Shaughnessy Dog Officer, effective
March 22, 1963, for a term expiring March 31, 1964.
The Chairman read a letter from Chief John W. xycroft
preferring charges against Officer Allen M. McSherry as a
result of a complaint filed with the Chief by Lt. Paul E.
Furdon, in regard to Officer McSherry's behaviour on
Saturday, March 9, 1963. Police
Upon motion duly made and seconded, it was voted
to notify Officer McSherry that charges have been pre-
ferred and that a hearing will be held before the Board
in the Selectmen' s Room, on Monday, April 8, 1963, at
8:30 P.M.
The Chairman referred to Louis Bongiorno's meeting
with the Board last week and stated that he wants a
private parking space.
Chief Rycroft said he was opposed and at ed that
no individual is entitled to a private parking space.
Mr. Carroll suggested paving the area in which Mr. Parking
Bongiorno is interested and installing meters.
It was agreed that no individual or business should
be given special parking privileges and unanimously voted
to deny Mr. Bongiorno's request.
Chief Rycroft stated that ordinarily he takes bids
on individual ears and was thinking about having one bid
from each dealer for three cars so that all cars will
be the same. Police cars
The Chairman stated that the Board wants to start
some system of centralized purchasing whereby all de-
partments can participate. He said he did not know
whether anything could be done on the purchase of cars
or not.
The Board authorized Chief Rycroft to invite one
bid for three cars from each dealer
Chief Rycroft retired at 8:00 P.M.
Mr. Richardson's letter with reference to water
drainage on Diana Lane was held over. Drainage
Mr. Carroll reported that he thought the condition
could be remedied by paving when the weather permits.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the Pole
following pole locations, Mr. Carroll having approved: locations
Lowell Street, westerly side, approximately 454 feet
north of Westminster Avenue, --
One (1) pole.
914
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Waltham Street, southeasterly side, southwesterly ,
from a point approximately 35 feet southwest
of Worthen Road, --
Three (3) foles.
(Four existing JO poles to be removed. )
Waltham Street, southeasterly side, northeasterly
from a point approximately 35 feet northeast
of Worthen Road, --
Three (3) poles.
(Four existing lIO poles to be removed. )
The Chairman read a copy of a communication sent
to the Lexington Minute-man by Charles 0. Rolando, 15
Complaint Henderson Road, complaining about sanding.
It was agreed to suggest that Mr. Rolando contact
Mr. Carroll who said he would be pleased to discuss
the subject with him.
The Chairman read a petition, signed by the members
of the Lexington Fire Department, requesting that the
working week be reduced from 56 hours to a maximum of
50.4 hours . ,I
The Chairman stated that the subject would have to
be deferred until budgets for 1964 are being considered
and reported that a 50.4 hcur week would mean six addi-
Work week tional men.
for firemen Mr. Burnell said he would like to have more in-
formation and would also like toknow what other Fire
Departments are doing
It was agreed to request the Board of Fire Com-
missioners for a complete report.
At 8:20 P.M. , Mr. Harold E. Stevens met with the
Board.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss-
ing, deliberating or voting on a matter which, if made
public, might adversely affect the public security, the
Executive financial interest of the Town, or the reputation of any
Session person .
Following a discussion pertaining to the Air Force
water supply, it was voted to resume the open meeting.
Mr. Stevens retired at 9:00 P.M.
Upon motion duly made and seconded, it was voted
Meeting to hold a meeting of the Board on Wednesday, March 27,
1963, at 7:00 P.M. 'I,
215
Messrs. Mabee, Campbell, of the Planning Board,
Mr. Snow, Mr. Gardner of the State Department of Public
Works, Mr.Gallagher and Mr . Cluke met with the Board
for the purpose of discussing the Route 2 - Spring Street
interchange. Route 2 -
Mr. Snow presented a plan and the two Boards re- Spring Street
viewed the discussion held today with the State Depart-
ment of Public Works and the Bureau of Public Roads.
Mr. Mabee stated that he thought if the rezoning
is postponed, it would then conform to the State pro-
posed plan.
The Chairman stated that the plan meets, in a
major part, what both Boards and a number of interested
citizens wanted.
Mr. Campbell suggested that a letter be written to
the effect that the Boards are in agreement relative to
the proposed layout of the roads.
Mr. Mabee said the State has cooperated with the
Town and he felt the Town should cooperate with the
State and wait on the zoning until the State has made
a definite layout.
The Chairman suggested that the zoning could be
deferred until a fall Town Meeting. He reported that
on advice of Town Counsel, the article pertaining to
zoning could not be reduced.
Upon motion duly made and seconded, it was voted
to accept the State Department ' s revised design for the
southeasterly quadrant for the Spring Street - Route 2
Interchange, granting the Town a ramp from Spring Street
onto Route 2. It was also voted to withdraw its pre-
vious request for an "Off" ramp at the southwesterly
quadrant of the Waltham Street - Route 2 Interchange.
The group retired at 10:30 P.M.
The Chairman read a letter from Mrs. Helen Davis,
President of the Lexington Field and Garden Club, ad-
vising that it has been suggested that the club install Flower basked
two alnmintnm flower baskets hanging from a bracket on
the lamp posts in the center .
The question of maintenance was considered and it
was decided to refer the subject to Mr. Carroll.
Letter was received from Robert P . DiNapoli, 372
Weston Street, Waltham, offering $350 each for tax title Tax title
lots 1i8 and 50, Marvin Street
The Clerk reported that the Planning Board recommends
that the Town retain ownership of these lots inasmuch as
they abut other town-owned property which is proposed to
be used for a recreational area.
11 Upon motion duly made and seconded, it was voted
211
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to reject Mr. DiNapoli's offer, it being the opinion of
the Board that it is in the best interest of the Town
to retain ownership of these lots .
An offer of $2342 for tax title lots on Grandview
Tax title Avenue was held over pending receipt of recommendation
from the Planning Board.
Upon motion duly made and seconded, it was voted
Bond to approve bond #821850 in the amount of $1,000 on be-
half of Paul E. Furdon, Constable.
Upon motion duly made and seconded, it was voted
Bond to approve bond #1019236 in the amount of $108,600 on
behalf of Ethel U. Rich, Tax Collector.
Upon motion duly made and seconded, it was voted
Use of Hall to grant permission to the Minuteman Freedom Committee
to conduct a meeting in Cary Hall on Sunday, March 31,
1963
Upon motion duly made and seconded, it was voted
Use of Hall to grant permissionto the Lexington Firemen's Relief
Association to conduct a Record Hop in Cary Hall on
March 29, subject to the usual requirements.
Upon motion duly made and seconded, it was voted
to renww the following Auctioneer' s licenses:
Licenses
Robert Cann Robert Rockwell
Upon motion duly made and seconded, it was voted
April 19 to grant permission to the Lexington 4-H Town Committee
to sell eatable wrapped items on April 19.
The Chairman read a letter from the Committee for
the celebration of the 250th Anniversary requesting the
Proclamation Board to issue a proclamation to the effect that the
personnel of the business establishments wear Tricorn
hats April 17 through April 21.
It was agreed to suggest that the Committee write
the proclamation it proposes and submit it to the Board
for signatures.
Following a discussion of Article 75 relative to
Article an appropriation for the provision of facilities to
the out-patient clinic of the Mystic Valley Children's
Clinic, it was decided to take no action as a Board.
I
21110
Upon motion duly made and seconded, it was voted
to go on record as being in favor of the NASA research NASA
center being located in the State of Massachusetts, and
particularly in the Merrimac Valley area.
A proposed agreement relative to Blue Cross - Blue
Shield was taken by Mr. Legro. Agreement
Memo was received from Attorney General Brooke rela-
tive to the conflict of interest law
The meeting adjourned at 11:10 P.M.
A true record, Attest
X�` iVv/e lerk Selector ri
I
918
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SELECTMEN'S MEETING '
March 25, 1963
A meeting of the Board of Selectmen was held on
Monday evening, March 25, 1963, at 7:00 P.M. prior to
the Adjourned Town Meeting. Chairman Adams, Messrs
Cole, Burnell, Brown and Cataldo were present. Mr.
Donald E Legro, Town Counsel, 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 March 20, 1963.
Upon motion duly made and seconded, it was voted
to approve the following licenses:
John Rutherford 21 Highland Avenue Guide
Alan Silverman 15 Rumford Road
Licenses John A. Graham 47 Bedford Street
John Corbett 26 Bedford Street
Frederic B. Hubley 4Stetson Street Auctioneer
The Chairman suggested that the new guides be in-
Guides voted to attend the Selectmen's Meeting on Monday,
April 1, 1963, to receive their licenses and badges.
Civil Defense Discussion was held relative to reconsideration
Article of the Civil Defense Article #41 of the warrant.
The Clerk was dismissed at 7:26 P.M.
A true record, Attest :
621"-/-4°-","Acti g Clerk, Selectmen
21!
SELECTMEN'S MEETING
March 27, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Wednesday, March 27, 1963, at 7:30 P.M. Chairman Adams,
Messrs. Brown, Burnell, and Cataldo were present. Mr
John J. Carroll, Superintendent of Public Works, Mr.
Donald E. Legro, Town Counsel, and the Acting Clerk were
also present. Mr. Cole arrived at the meeting at 810 P.M.
Mr. Legro reported he was returning the contract from
the State Department of Public Works ready to be executed,
in the amount of $7,071.70 for the relocation of a 12"
water main under Grove Street Contract
Upon motion duly made and seconded, it was voted
to execute the contract, between the Town and the
State Department of Public Works, in the amount of
$7,071.70 for the relocation of a 12" water main under
Grove Street
•
Mr. Legro presented a release of damages for the
taking by the State of Parcel 9-3-T at Massachusetts
Avenue at Wood Street, in the amount of $184.28. Release
Mr. Legro presented a claim against the Town by
Winifred Belcher with reference to an accident on
January 16, 1963 involving a police cruiser which
turned out on Lowell Street from a parking lot at #401
Lowell Street, skidded on ice and struck the Belcher Claim
car, which was unoccupied. There were two estimates
of damage, $415.18 and $174.95. The car has been
checked and the estimate of $174.95 considered reason-
able and Mr. Legro recommended settlement of the claim
Upon motion duly made and seconded, it was voted
to settle the claim against theTown by Winifred Belcher
in the amount of $174.95.
Mr. Carroll reported that he has a taking he wishes
made on the Woodhaven Sewer. Sewer taking
It was suggested that Mr. Gray should check this
and it was held over until the next meeting of the Board.
The Chairman read a Memorandum which he had pre-
pared for Mr. Gray, copies of which were given to each
member of the Board and Town Counsel.
I
220 445
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Mr. Legro checked the memorandum. He reported
that with regard to item #5, on the Refuse Disposal
site there is still a lot of work to be done. He feels
that all preliminary work on land takings should be
worked out and just the legal drafting should have to
be made by Town Counsel.
Mr. Burnell suggested that there be a list of land
Memo for takings that have not been finished so the Selectmen
Mr. Gray may have a record as well as Mr. Gray. He felt, as
a Board, a work sheet of those things which have not
been done should be prepared so that the Board would
know what to expect fromMr. Gray, as at the present
time, it does not know what has been done .
Mr. Carroll felt that work on slope easements
presents individual problems to be solved, and would
have to be handled by an engineer.
Upon motion duly made and seconded, it was voted
to adopt the memorandum for Mr. Gray
The Chairman reported that the water hearing on
the Air Force Contract would be held on Friday in
Washington.
Air Force He suggested that Mr. John Carroll, Superintendent
Water of Public Works, one Selectmen, Mr.Stevens , Mr. Legro
Contract should attend
hearing The Chairman was uncertain as to his ability to
attend, and the Board felt the senior member, Mr. Cole
should go if the Chairman were unable to.
Mr. Brown reported that the John Hancock Insurance
Company wishes to present the Town of Lexington with
250th a picture in commemoration of the 250th Anniversary
anniversary celebration. He asked which department or commission
should be contacted, and the Chairman stated that the
Historical Society usually handled such matters.
Mr. Michael Damone and Mr. Shepard of Cabot,
Cabot & Forbes, met with the Board at 8:1.4.5 P.M.
The Chairman explained that this meeting was
relative to an exchange of land in the dump site
1C.C. & F. area of Hartwell Avenue.
exchange Mr. Damone stated he had a plan which showed
of land the parcels involved. Cabot, Cabot and Forbes feels
they should have enough land to get a 50,000 square
foot building.
Mr. Brown spoke of a plan, involving another
parcel of land, which was presented to the Board previously.
The Chairman felt the Board should look at the plans
with the Planning Board, as no immediate decision was
to be made.
Mr. Damone and Shepard retired at 8:10 P.M.
221
IIThe Chairman read a letter from Soule Brothers, Inc.
640 Lowell Street , together with petition, plot plan and
photographs pertaining to the water condition that exists
on Lowell Street just north of North Street.
Mr. Carroll stated that no doubt the problem could
be solved by putting in a drain, with catchbasins, but
it could not be done this year, as the money has been
committed for drainage. Drainage
The Chairman asked how much was involved, and Mr. Water
Carroll said it would be at least 300 feet of drain, condition
with catchbasins, $3,000 or S4,000. Lowell
Mr. Carroll stated with the question of Route 3 Street
coming in this area is also a factor to be considered.
He said Lowell Street is extremely bad, but next year
they should go from East Street to North Street , where-
ever drains are needed.
The Chairman said the feeling of the Board is that
this should be put off and no permanent solution made
until such time as the problem can be taken care of.
The Chairman read a letter from Robert H. Richie ,
Jr. , M.D. , 8 Winston Road, relative to a petition to
obtain sewer service on Winston Road. He requests -Request for
estimates of the assessments involved both for sewer sewer ser-
and street acceptance. vice Winston
Mr. Carroll informed the Board that Mr. Higgins Road
was preparing the forms which he requested.
Letter from Rarold B. Lamont relative to the in-
stallation of traffic lights at the junction of Massa-
chusetts Avenue, Winthrop Road and Woburn Street was
read by the Chairman.
Mr. Carroll reported that the State had been Traffic
called two years ago and were working on it and said lights
anything proposed would be very expensive.
Mr. Burnell was of the opinion that traffic lights
were not needed; that most of the trouble lay with the
Community Center and that will take care of itself.
The letter will be referred to the Traffic Study
Committee.
The Chairman brought up the subject of Alcott Road-
Holmes Road. He stated that the official name is
Alcott Road, and is now known as Holmes Road. Alcott Road-
Mr. Burnell sti ed this came up two years ago Holmes Road
and the Planning Board and Selectmen worked out an
agreement between the two boarns. The Planning
Board retuned the name of Alcott Road
The Chairman stated there is a lot of nuisance
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connected with changing the name of a road, i.e. , addresses,
mortages, deeds and the street should be renumbered. He
felt the Board should recommend to the Planning Board that
Alcott Rd the name be changed to Holmes Road, that it should be
Holmes Rd. legally correct
Mr. Carroll stated the name should be changed just
for the section between Thoreau Road and Burroughs Road.
Upon motion duly made and seconded, it was voted
to request the Planning Board to change the name of
Alcott Road to Holmes lload for the section between Thoreau
Road and Burroughs Road only.
The Chairman read a letter from Cornelius P. Cronin,
Float Chairman of the 19th of April Committee, in regard to
Judges Float Judges for April 19.
Mr. Otis Brown agreed to represent the Board.
Letter from the Town of Norwood, Committee on
Industrial Development, relative to a survey being
conducted on nearby towns regarding government in-
stallations in their area.
Survey The Chairman stated, and the Board agreed, that
the installations have been an asset to the community
and have placed no burden on the schools . He Will
reply to the letter.
Mr. Morgenstern, Valleyfield Realty Trust, met
with the Board relative to an easement.
Mr. Carroll showed the Board a plan and explained
this taking is on the Woodhaven Trunk Sewer. Mr.
Carroll reported he had met with the Valleyfield Trust
and the Board had voted to make a taking. Since then,
Exchange of he felt the Town might exchange the land they own for
land the land Valleyfield owns, so the Town could mitigate
Valleyfield the damages. He pointed out the land the Town owns
Trust on the plan and stated that Mr. Snow feels this should
be a recreation area. He also stated it would be an
even exchange, and that the Planning Board should agree
they think it is a good thing. The Town would receive
a release of damages.
The Chairman suggested that Mr. Carroll check with
the Planning Board as soon as possible so the taking
could be made.
Mr. Morgenstern retired.
Mr. Carroll mentioned he has requested the Sdhool De-
partment fdr, any exoess peat to mix with loam which they
Girls ' are not going to use. The girlst hockey field had a nice
hockey field lawn. The School Department is willing for Mr. Mazerall
to have the peat and will also allow him to strip some sod.
223
Mr. Carroll brought up the subject of $2100
which
was in the ecr ion budget et and wa. to be transferred
g
to his budget and used by the Public Works Department.
He presumed it was in their budget and the Recreation
Committee assumed it was transferred, SD Mr. Carroll' s Recreation
budget is $2100 short. He intends to do the work budget
with the understanding that he will be able to get a
transfer if needed.
The Chairman stated the Recreation budget was
late coming in, and if Mr. Carroll needed the money later, a
transfer could be made.
Mr. Carroll referred to the Swimming Foal building
stating that work has been started. He feels there is
enough money left to get lookers which were originally
included and which he proposes to buy if the Board has Swimming
no objection. He stated the existing building has two Pool Build-
rooms which he feels should be made into one large ing
usable room which will be used exclusively for boys .
Mr. Burnell felt the Recreation Committee should
be contacted, and the Board agreed.
Mr. Carroll brought up the subject of the Flowering
Baskets which the Field and Garden wished to install on
each lamppost in the center of town on the occasion of
its 250th anniversary, as he had received a call from Park Dept .
Mrs. Davis .
Mr. Mazerall has checked with Wellesley and there
is no maintenance problem.
Mr . Adams questioned whether the Boston Edison
Company would let them put the flower baskets on their
poles as they are rather fragile.
Mr. Burnell felt if we accept the offer, it would
put more work on the Park Department , as he felt they
would require water. He suggested that the Field and
Garden be thanked but refuse the offer.
It was the consensus of opinion that the idea is
impractical.
Mr. Legro referred to the hearing to be held as the
result of a complaint filed with Chief Rycroft by Lt .
Paul E. Furdon, in regard to Officer McSherry' s behaviour
on Saturday, March 9, 1963. Police
Mr. Cataldo suggested that the Board meet on Saturday hearing
morning, April 13, 1963, at 11 A.M. rather than at an
Executive Session of a regular meeting.
Upon motion duly made and seconded, it was voted
to rescind the vote taken on March 20, 1963 for a hearing
on April 8, 1963 at 8:30 P.M.
II
224
c.
Upon motion duly made and seconded, it was voted
Police to notify Officer NeSherry that charges have been pre-
ferred and that a hearing will be held before the Board
in the Selectmen's Room on Saturday, April 13, 1963, at
11 A.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session far the purpose of discus-
sing, deliberating or voting on a matter which, if made
Executive public, might adversely affect the public security, the
Session financial interest of the Town, or the reputation of any
person.
Following a discussion of the Evans' Schedule and
Compensation plan relating to the salaries of Arthur
Silva and Eugene Molloy of the Public Works Department,
it was voted to resume the open meeting.
Mr. Legro retired at 9:30 P.M.
Mr. Franklyn Crosby met with the Board.
The Chairman read a report on the Youth Aid Program
Youth Aid which Mr. Crosby had prepared and sent previously.
Program After a lengthy discussion with Mr. Crosby as to
sponsors, financial aid and general setup, tle matter
was held over until the next meeting of the oard fo
a decision.
Letter from the City of Woburn relative to the
NASA Space Project location in Woburn was held over
until the next meeting of the Board.
It was agreed to write Woburn that the Board was
in favor of the NASA locating in Massachusetts.
Upon motion duly made and seconded, it was voted
Bonds to approve bond on behalf of Mary R. McDonough as As-
sistant Treasurer in the amount of $5,000; also bonds
of James J. Carroll as gown Treasurer in the amount
of $86,000 and Town Clerk in the amount of $1800.
Mr. Winsoi D..; Jelli&! letter of March 17, 1963
was held over pending a report from Mr. Irwin.
Complaint The Chairman read Mr. Irwin's report and the
Board felt further consideration should be given
by Chief Rycroft and disposition of the case made.
Letter from the Commonwealth of Massachusetts,
Civil Division of Civil Service, relative to Compensation
Service Plan, was read by the Chairman and was referred to
Mr. Gray.
225
= Appointment to the Board of Assessors to replace
Mr. Cass, who has resigned, was brought to the attention
of the Board. It was agreed to contact Mr. Willard
Grush to see if he had anyone in mind. The following names
were presented; Charles Babcock, 7 Brandon Street , George
W. Emery, 47 Somerset Road
Upon motion duly made and seconded, it was voted
to sign Certificate of Incorporation on behalf of Miss Cert. of Inc.
Barbara C. Gorell, 22 Hamilton Road, and Miss Laura F.
Nichols, 67 Liberty Avenue, satisfactory character
references having been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to approve the following licenses :
Bertram P. Gustin 50 Bloomfield Street Auctioneer
William G. Nowlin 29 Maple Street Guide
The meeting adjourned at 10:50 P.M.
A true record, Attest �; P`�
Acting erk, Selectmen
0
A/-4 CtAfr
22
Mt
SELECTMEN'S MEETING '
April 1, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, April 1, 1963, at 7:30 P.M. Chairman Adams,
Messrs. Cole, Brown, Burnell and Cataldo were present
Mr. Gray, Executive Assistant, Mr.Legro, Town Counsel,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Jerk, were also present.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of five jurors. The following
Jurors individuals were drawn for jury duty: Gerald Boghosian,
10 Green Lane, Carlton W. Batson, 56 Adams Street,
Charles I. Ramsdell, 28 Ewell Avenue, Anthony Mazza,
12 Green Lane, and Donald E. Flannigan, 335 Marrett Road
Mr. Carroll retired at 7:33 P.M.
On March 28 students from the junior and senior
classes of the High School were elected to the positions
of Selectmen and the successful candidates conducted
Student the meeting and discussed the subjedts of municipal
Government parking meters and the inclusion of the Common in the
Day Minute Man National Historical Park. The student
meeting adjourned at 8:00 P.M.
John A. Corbett, 26 Bedford Street, and John A
Graham, 47 Bedford Street, met with the Board to re-
Guides ceive their Guide licenses and badges which were pre-
sented by the Chairman who made a few appropriate
remarks.
The two boys retired.
The following department heads met with the Board:
Messrs. Irwin, Finneran, Cronin,Nickerson, White, Fitz-
gerald, Robbins, Whitney, Belcastro, Rycroft, Collins
and Mrs. Oliva.
The Chairman explained that the Board had engaged
Mr. Albert Gray, Jr. as Executive Assistant and dis-
tributed &opies of a memo for Mr. Gray. He stated
that the oard would like all department heads to under-
stand what the Board wants and their cooperation in work-
ing out a brief procedure. He explained that one of Mr.
Gray' s first projects is toimplement the salary policy,
figure out the salary rates, etc He said that Mr.
Evans, of the Evans Associates, will spend some time
with Mr. Gray and go over the policy the Board has adopted
Mr. Nickerson asked if the Board was going to take
22
over the actual hiring of help and if so, he would hope
that if it becomes necessary to engage a clerk for the
Board of Appeals, one who could take court stenography
would be considered.
The Chairman replied in the negative and explained
that the Board has, in the past, heard a new name and
never knew anything about the employment of a new girl
or the salary.
The Chairman asked Mr. Gray how he felt about the
subject and he replied that this is a problem he would
have to discuss with the Chairman and a court stenographer
may be t“classification that will have to be changed
He said he would not want to give an answer now, but
he would look into it and determine whether or not a
change is justified. He said he thought what the Board
had in mind was knowing that an individual has been hired
and the rate of pay.
The Chairman said it is just good business that this
all be coordinated, and it is the board' s general approach
to establish better relationship with all departments.
He explained that it is not the intent of the Board to
interfere. He said when it comes to budget time, very
often the Board does not have sufficient information
of the need of the departments and their operation. He
felt that it was most important .for the Board to know
how the budgets are being used durillg the year.
Mr. Gray stated that in three days, he has not had
much opportunity to go into this, but the general idea
it for him to keep the Selectmen informed as to what
is going on more than a monthly or quarterly basis. He
said he did not think any attempt was being made to ex-
ercise any authority or to take away any authority, the
idea being for him to keep the Board informed as to what
is going on in the various departments.
The Chairman explained that Mr. Gray' s authority
would be that delegated by the Board.
The Chairman explained that the Board does not in-
tend to establish a complete purchasing system but items
such as stationery could be handled in such a manner that
would result in the saving of money.
There were no questions from those present and the
group retired at 8:25 P.M.
Mr. Charles Babcock met with the Board.
The Chairman stated that the Board is considering
an appointment to the Board of Assessors and asked if
Mr. Babcock had any experience in appraising.
Mr. Babcock relied that he had in estimating.
The Chairman asked if he would be interested in
the appointment, and he replied in the affirmative. He
'8
c.
said he would like to take some part in the Town.
Mr. Burnell asked if he was an appraiser and he
replied that he does estimates for builders
The Chairman asked if he had any local connections
and he replied in the negative.
Mr. Cataldo asked what he presently does and he
Assessor replied that he is self-employed designing houses,
artshitectural drafting and design. He said he has
lived in Lexington for nine Sears
Mr. Brown asked if the time requirement would be
a problem and he replied in the negative.
Mr. Babcock said he was project superin.,endent for
nine years, general superintendent for five years and
he had, as general superintendent, much to do with
residential, clubs, and large structures
Mr. Burnell stated that there is a substantial
amount of work to be done in administration as well
as the technical work and the Board wants to make cer-
tain it appoints a man who has both.
Mr. Babcock stated that he has had in-office as
well as field work.
Mr. Babcock retired at 8:30 P.M.
Mr. Legro submitted an original and two copies
of the Agreement, effective April 1, 1963, between
the own and the Massachusetts Hospital Service, Inc .
Blue Cross and Massachusetts Medical Service, referred to as
Agreement Blue Cross and Blue Shield. He advised that the
Board could execute the agreement to be held until
he contacts Mr. Carroll, Town Clerk and Treasurer.
Upon motion duly made and seconded, it was voted
to execute the agreement.
At 8:40 P.M. , Mr.John McCurdy met with the Board.
The Chairman explained that the Board has an ap-
pointment to make to the Board of Assessors and his
name was suggested.
Mr. McCurdy stated that he is interested in Lex-
Assessor ington and like everyone else, is interested in assess-
ments. He has lived in Lexington about ten years He
said that he is responsible for the management of
about $1,000,000 worth of property and for a budget of
$6,000,000 a year, and that he has the background on
real property. He said he has been in this end of the
business with the telephone company for seventeen years
and has some knowledge of real value.
The Chairman explained thatthe Board of Assessors
meets weekly during the active season.
Mr. McCurdy said he would be available weekends
and he thought he could devote the necessary time during
the week.
Mr. McCurdy retired at 8:45 P.M.
229
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company Gas main
to install a 6 inch welded steel gas main in Worthen
Road, verbal approval having been given by Mr. Carroll.
Upon motion duly made and seconded, it was voted
to grant the following j/o pole location, approval Pole
having been given by Mr. Carroll: location
Lowell Street, westerly side, approximately 880 feet
north of Woburn Street, --
One pole.
(One existing j/o pole to be removed. )
The Chairman read a letter from Robert Townsend,
265 Bedford Street, with reference to a previous letter
relative to prohibiting vehicular traffic from parking Traffic
at the corner of Bedford and North Hancock Streets .
Mr. Burnell explained that the Traffic Study Com-
mittee has a meeting scheduled for this week and would
consider this problem at that meeting.
The Chairman mentioned traffic conditions at the
corner of Sherburne and Winthrop Roads and it was agreed
that the Traffic Otudy Committee would consider this Traffic
area also.
The Chairman read a letter from Frank Sullivan,
73 Grant Street, offering $500 for tax title lot #1
Round Hill Road.
Mr. Carroll presented a plan, indicated the lot
and recommended that the Town should not become in-
volved in this lot, the major reason being that there
is no water main to service it . Tax title
Upon motion duly made and seconded, it was voted
to reject Mr. Sullivan's offer, it being the Hoard' s
opinion that it would be in the best interest of the
Town to retain ownership.
The Chairman read a letter from Harry J. Palladino,
29 Rice Street, Wellesley Hills, advising that he is
interested in selling a parcel of land located at the
rear of Spencer Street, bordering the Great Meadows. Offer of
Mr. Carroll indicated the parcel on a plan and it land
was agreed to refer the offer to the Planning Board
for consideration and recommendation.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meetings Minutes
held on March 25 and 27, as amended.
230 3C
C-
The Chairman read a letter from Mitchell J. Spirts
with reference to a previous letter asking the Board
to consider the inclusion of funds for burglary and/or
theft insurance for the thirteen school buildings .
Insurance Mr. Brown reported thatit could cost a substantial
amount to provide this type of insurance.
It was agreed that Mr. Brown, Mr. Cole and Mr. Gray
would look at the overall insurance program and make
recommendations to the Board.
The Chairman read a letter from Chief Rycroft ad-
vising that Civil Service has informed him that the
names of William P. Hardy, Jr. , 753 Waltham Street and
Civil Anthony Busa, 52 Lowell Street, appear on the list as
Service having passed the Civil Service examination and are
now certified.
It was agreed that a requisition be sent to Civil
Service .
Decision relative to Mr. Franklyn J. Crosby' s pro-
Youth Aid posed Youth Aid Program was held over.
Program The Chairman agreed to draft a letter for the
Board's approval.
The Chairman read a letter from Noel G. Posternak,
relative to a fair being planned by the Temple Emunah
to be held on April 19 at 1508 Massachusetts Avenue.
Temple Inasmuch as the fair is to be held on private pro-
Fair perty, the Board had no objection but agreed to point
out the fact that no vehicular traffic will be able
to move during the parade and parking in the area will
be greatly restricted
The Chairman read a letter from Raymond B. Barnes,
Chairman of the Battle Green Chapter Order of DeMolay,
requesting permissifn to sell ice cream from a stand
on April 19, 20 and 21. The stand will be on the lawn
April 19 of the Masonic Temple and sales will be made to spec-
tators in the area immediately adjacent tothe Common
and on the Common proper.
The Board had no objection to the group selling
from a stand to be located on the Masonic Temple pro-
perty but voted to deny permission to sell on the
Common.
The Chairman agreed to represent the Board at a
Meeting meeting of the League of Women Voters to be held in
Estabrook Hall on Wednesday morning, April 3.
Memo was received from the Massachusetts Select-
men ' s Association relative to a hearing on Governor
231
Peabody' s proposed tax bill to be held in the Gardner
Auditorium at 10:30 A.M. on April 3. Hearing
The Chairman read a letter from C. Seabury Ward
requesting permission, on behalf of the Lexington
Chapter of the John Birch Society, to allow an American
Opinion Bookmobile to come into Lexington during the Bookmobile
celebration of Patriots ' Day for the purpose of selling April 19
books and distributing free to the general public 3000
American flags.
Before arriving at a decision, the Board felt it
should have more definite information as to the exact
time and places of operation. It was agreed to ad-
vise Mr. Ward that, as a matter of policy, the Board
has not granted permission to an itinerant vehicle to
be used for selling purposes on that holiday and would
much prefer that such installations be placed on private
property and that the selling be done in that location.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver 's license to John Bateson, 10
Welch Road, satisfactorycharacter reference having License
been received from the hief of Police.
Upon motion duly made and seconded, it was voted
to grant permission to the Little League Inc. to con-
duct a meeting in Estabrook Hall, on April L , from
7:30 P.M. to 10:00 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to the N tional Secretaries Associ- Use of hall
ation to conduct a supper in Cary Hall on April 27 from
7:30 P.M. to 9:00 P.M. subject to the established regu-
lations
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 Executive
of any person. Session
Following a discussion pertaining to the Air Force
water supply, it was voted to resume the open meeting.
Mr. Carroll reported that there was a break in the
18" cast iron sewer line at the rear of the Gold Ribbon
Farms Nursery off Massachusetts Avenue . He said that Break in
it looks as if it might be an expensive job to repair sewer line
it, and estimated the cost to be about 51,000, but said
he would report later because it might be that more
232
C-
pipe was broken or had gone out of line . He also
said he would investigate as to what caused the settlement
and breaking of the pipe and report at the next meeting
of the Board.
The meeting adjourned at 10:15 P.M.
A true record, Attest
eottivei Clerk(, Select n
44)
I
233
v
SELECTMEN'S MEETING
April 8, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, April 8, 1963, at 7:30 P.M. Chairman Adams,
Messrs . Cole, Brown and Cataldo were present Mr.
Gray, Executive Assistant, Mr. Carmll, Superintendent
of Public Works, and Miss Murray, Executive Clerk,
were also present.
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to locate a manhole on Massachusetts Avenue,
westerly side, at Charles Street..
Mr. Dunne, representing the petitioner, was the
only person present at the hearing.
Notice of the hearing was mailed to the peti-
tioner, owners of the property as listed on the
petitioner' s plan and also filed with the Super-
intendent of Public Works. Manhole
Mr. Dunne explained the petition had been filed
to improve the trunk facilities between Cambridge,
Arlington, Lexington and points north.
Mr. Brown asked how long the work would take,
and Mr. Dunne replied about three weeks .
No one in favor or in opposition, the hearing
was declared closed at 7:33 P.M.
Motion was made and seconded, to grant the peti-
ion and sign the order for the following manhole
location, Mr. Carroll having approvedthe proposed
installation:
Massachusetts Ave. Westerly side, at Charles Street,--
One (1) Manhole
Mr. Brown reported on the meeting held this
afternoon in the Woburn city Hall relative to the lo-
cation of NASA Space Project He informed the Board Location of
that Mr. Kelliher, representing the City of Malden, NASA
and representatives from Somerville, Cambridge, Arl-
ington and Burlington were present He explained
that the Cityof Woburn is well prepared and the City
Council has 10, 000 to be used for public relations
in Washington, and has engaged the services of an
234
mc
individual in Washington to represent it. The City
of Woburn has 750 acres of land bounded by the Town
of Wilmington and Route 128 with all services and
would like support from Lexington.
The Chairman said the Board' s policy is, for the
moment, in favor of the NASA locating in Massachusetts.
Mr. Brown reported that he had informed the Mayor
of Woburn that the Lexington Board of Selectmen had
gone om:record as being in favor of locating the project
in Massachusetts.
At 7:35 P.M. , hearing was declared open upon peti-
tion of the Boston Edison Company for permission to
locate two poles on Grove Street.
No one representing the petitioner was present and
no one appeared in favor or in opposition.
Notice of the hearing was mailed to the petitioner,
Pole owners of the property as listed on the petitioner' s
locations plan and also filed with the Superintendent of Public
Works . The hearing was declared closed at 7:40 P.M
Mr. Carroll having approved the proposed pole lo-
cations, motion was made and seconded to grant the
request and sign the order for the following pole lo-
cations:
Grove Street, southwesterly side, southeasterly from
a point approximately 125 feet southeast of
Robinson Road, --
Two (2) poles .
(Two existing poles to be removed) .
Grove Street, northeasterly side approximately 25
feet southeast of Diamond Road , --
One (1) pole.
(One JO pole to be removed. )
Chief John A . Rycroft met with the Board for the
opening of bids for three new cruisers.
Sealed bids were opened and read by the Chairman
as follows
Bids Mawhinney Motor Sales, Inc. $ 3,560.00 net
Dunn Ford Sales, Inc. 3,600.00 net
Rowe-Jackson Chevrolet, Inc. 3,295.00 net
1
235
}
' Upon motion duly made and seconded, it was voted
to accept the low bid of $3,295.00 submitted by Rowe-Jackson
Chevrolet, Inc.
Chief Rycroft retired at 7:47 P.M.
Mr. Carroll referred to the break in l8" sewer
main at the Gold Ribbon Farms Nursery and reported that
work had commenced today which he still estimates will Sewer main
be between $8,000 and $9,000 He explained that there break
would be no problem insofar as fonds is concerned and
said he would report further at the next meeting.
Mr. Carroll reported that on October 10, 1962,
the Greener Trust and the Whiter Trust wrote the Board
a letter, which, in some way, went to the Board of
Assessors and then back to the Collector. He read the Sewer better
letter requesting an apportionment of the sewer assess- ment Grove
ments on lots 25, 36 and 37 Emerson Road. He presented subdivision
a sketch on which he indicated Emerson Road which goes
through the Grove subdivision and explained that the
Town had put the trunk sewer through Emerson Road and
assessed betterments, including these three lots. The
subdivider installed a sewer in Diamond Road and in
Angier Road. He explained that the Trust is now peti-
tioning for abatement of these two betterments which
raises the question as to whether or not the property
was bettered by the trunk sewer. Mr. Carroll stated,
from a standpoint of fairness, he thought the better-
ments should be abated as the lots are definitely being
served by the sewer the subdivider installed.
The Chairman said he would refer the subject to
Town Counsel when he arrived at the meeting .
Mr. Carroll, Town Clerk and Treasurer, Mm Rich,
Collector, Mr. Brown , Chairman of the School Committee,
Messrs. Mabee, Greeley, Campbell and Meyer of the Plan-
ning Board, and Mr. Nyren, Director of Cary Library,
met with the Board.
The Chairman explained the purpose of inviting the
group to the meeting was to introduce Mr. Gray, Execu-
tive Assistant. He presented each individual with a
copy of a memo for Mr. Gray listing seven duties of the
Executive Assistant to the Board of Selectmen, and ex-
plained that the Board hopes to establish a liaison with
the elected officials over whom the Board has no control
He said the Board of Selectmen would like to know what
is going on and this is an attempt to coordinate the
town-wide working group. He said the Board feels the
Town is now large enough so that a simplified purchasing
236
mr
system should be estaBlished, and although the Board
recognized that this group is independent, possibly
certain items could be worked out with Mr. Gray
Mr. Brown suggested that Mr . Gray meet Mr. Spiris,
the Business Administrator of the School Department.
The Chairman said the Board wanted to make it very
clear that it is in no way trying to dictate.
Mr. Carroll referred to item #1 "except the School
Department", and expressed the opinion that his depart-
ment should also be excepted.
The Chairman said the reason for this, as he under-
stood it, was because the School Department has a system
already established.
Mr. Carroll said he was not going to have anyone
telling him what to do or how to do it . He said he was
hiring a new girl next week and he was not going to have
any interference. He said if the Selectmen had any-
thing to say to him and his department, he would listen
but he was not going to have an overseer.
The Chairman explained the memo was prepared for
departments in which the Board has the right to ask it.
Mr. Carroll said his purchasing is so small, he
did not think it necessary to go through a purchasing
department.
Mrs. Rich said it was about the same for her and
stated that her largest order is fur bills and envelopes
which she has purchased from the same individual for
many years. She said she would be glad to show Mr.
Gray anything he wants to see in her department.
Mr. Carroll and Mrs. Rich retired at 8:20 P.M.
The Chairman discussed the subject of land acqui-
sition and said Mr. Gray could at least keep a schedule
of all the land acquisitions.
Mr. Brown pointed out that the School Sites Com-
mittee should work with Mr. Gray, and said that com-
mittee has duties that overlap.
Mr. Greeley said he thought the School Sites
Committee should be discharged, and recommended that
one agent, such as Mr Gray, do the purchasing.
The Chairman suggested thatthe School Sites
continue on the sites it is presently working on and
in the future, have the planning board make the selection.
Mr. Meyer said he would go one step further and
talk to the Committee.
Mr. Mabee said the committee could be told that it
is the consensus of this meeting that it continue to
procure the two parcels they are after and have not
acquired and after that, it should request to be dis-
charged. ,
Mr. Meyer asked if Mr. Gray would be willing to
do the "leg" work, and Mr Gray stated that he has
already discussed this with Mr Snow who is preparing
a list of unfinished business for him. He agreed
that all of the sites should go through the Planning
Boadd.
Mr. Nyren said he would work together with Mr. Gray
and as far as personal services are concerned, he has
a policy established by the Board of Trustees.
The group, with the exception of Messrs. Greeley
and Campbell, retired at 8: 34 P.M.
Messrs. Wheeler, Damone and Dodge, of Cabot,
Cabot and Forbes, met with the Board.
Mr. Wheeler said he is having a continuing problem
with the Spring Street access and the fact that he has
a firm commitment by one company and finds himself in
the situation o not being able to deliver a deeI to
them. He said if he cannot define the property lines,
it is obvious that they cannot proceed. He submitted
plans and explained his problem He said he felt he
could move Burroughs down against relocated Spring
Street and there would be no problem about subdivision
approval of the Planning 15oard. Burroughs is a little
disgusted at this point with the entire situation, having
been talking about this problem since last fall. He
said Burroughts has decided they had made a definite com-
mitment to come here if the building could be located
where they preferred to have it located originally.
They want to have the boundary lines of the five acre
parcel defined. He said under the scheme the State
has now, there is less than a five acre lot and it
cannot be defined a legal lot. He said he would like
to get Burroughs, who is prepared to go ahead,
and file for a building permit, but the State has elimi-
nated the opportunity for marketing this property. Mr.
Wheeler said he would still like to go back to the
scheme .of having fifteen acres between the frontage road
and Route 2.
Mr. Greeley asked if Burroughs would go ahead any-
time if they could take eight acres or less.
Mr. Wheeler replied if he could sell them eight
acres in this fashion, yes. He said there is a price
on the property and Burroughs is willing to recognize it
for five acres.
Mr. Greeley said, as he recalled it , the State
wanted only one entrance through that property and
stated flatly it would allow only one driveway there .
238
zic
Mr. Wheeler asked if one entrance meant one company
or one building
Mr. Carroll said it meant one entrance.
Mr. Cataldo inquired as to the size of the building
and Mr. Wheeler said it would be 33,000 feet, two-story,
and the construction costs would be $600,000 or $650,000.
Mr. Brown asked what provisions had been made for
sewer, and Mr. Wheeler replied they hope to have tempo-
rary septic facilities.
Mr. Brown said he thought Mr. Wheeler was in a where posi-
tion
osi-
ti n
o e e the land damages with the State would be less
if he went along with this scheme here and personally he
would not object to two five-acre parcels .
The Chairman asked if Mr. Wheeler wanted the Board
of Selectmen to "carry the ball, or part of it" .
Mr. Wheeler said number one is the problem with the
State to get the best layout for the ramps, to get the
most land available for development, and to assure Burroughs
of some boundary lines. He said Burroughs cannot wait
for the hearings on a subdivision approval. He asked if
the State is not willing to make a favorable decision,
could he at least end up with two usable lots .
The Chairman asked if the first thing for Mr. Wheeler
to do was to go back to the State. He said the Board
of Selectmen should discuss this with the Planning Board
before arriving at a decision.
Mr. Wheeler said the Board would not receive an answer
from the State quickly ensbugh to satisfy Burroughs.
The Chairman asked if Mr. Wheeler wanted a commitment
from the Planning Board.
Mr.Wheeler replied that he needs some assurance
that there will be two usable lots.
Mr. Wheeler said in going back to the State from
now on, he thought there should be a representative
from the Planning Board or the Board of Selectmen.
He said he would like to be able to report back
to Burroughs.
The group retired at 9:10 P.M.
Later in the evening, the Planning Board agiin met
with the Selectmen and Mr. Mabee reported that his Board
agrees that it has a commitment to the State in the
Selectmen' s letter of March 21, 1963 which he felt the
Boards should abide by.
The Chairman stated that Cabot, Cabot & Forbes want
an indication of the Planning Board' s feeling towards
them going ahead with locating the building on the
present frontage and present Spring Street . He asked
how this was to be handled and said the Board' s only
interest is getting additional assessable valuation.
tat)
Mr. Mabee said if Cabot, Cabot & Forbes waiat ,to
negotiate with the State, they could do so, but he
thought the Board should abide by the letter of March
21.
The Planning Board retired at 10:30 P.M.
The Chairman said Cabot, Cabot & Forbes should be
told that the Board met with the Planning Board and
discussed the proposition, and the feeling is that, in
rediscussing the matter, the Town had committed itself
to taking no part in this. He said the Town has given
the State prior approval and the Board would not object
to any negotiations Cabot, Cabot & Forbes might make on
its own.
Upon motion duly made and seconded, it was voted
to go into executive session for the purpose of dis-
Executive cussing, deliberating or voting on a matter which, if Executive
Session made public, might adversely affect the public security, Session
the financial interest of the own, or the reputatwn
of any person.
Mr. Carroll discussed the subj _ct of the telephone
arrangements with the Public Works Department foreman
and the arrangements for raising and lowering the flag
on the Common.
' Upon motion duly made and seconded, it was voted
to resume the open meeting.
Mr. Carroll presented each member of the Board
with a memorandum, dated April 5, 1963, relative to
the contract for a 24" water main, dated December 7,
1961, with Wes-Julian Construction Corporation.
At 9:30 P.M. , Mr. Vogel of Wes-Julian, Mr. Edward
Howard, and Mr Rowe of Whitman & Howard, met with the
Board.
Mr. Vogel said he did a water job in Lexington
which ended up in a dispute. He said when the job
was finished and he sat down to go over the differences,
there was about $16,000 he thought he should be paid for,
and agreed, from the standpoint that he would accept a
settlement based on the item over which there was a mis-
understanding, bituminous surface He said there is a
wording of six foot width but he maintained it is im-
possible to work on a six foot width, and the bid price
was based on a full tonnage amount. He believed he was
intended to get paid on a full tonnage He had one
contractor do the paving and he would not give him the
type of surface he wanted, so he went to another con-
tractor and paid him off in full on a full tonnage basis.
The new contractor understood he would be paid on a full
240
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He said on the price bid and the price he received,
neither one could do the work if paid only on a six foot
width.
The Chairman asked if this was only one bill in
dispute, and Mr. Vogel replied that it is one item.
The Chairman asked if it was all of the paving
and Mr. Vogel replied in the negative. He said for
some reason or other, there is a temporary pavement
also and no one has cut that down to a six foot width.
At the present time, he has one item being paid on a
full tonnage price, and the other item, saying the same
wording, being paid on a six foot width. He said what
bothered him was the position of the consultant vs
the Town man. He said there was a meeting after the
job was finished on November 28. That meeting ended
up with the view being expressed that he should be paid
for only six foot width. On the other items in question
about $6,000 or $7,000, they were going to call him and
let him know, but he never received an answer. On
January 10, he came out to see Mr. Carroll because he
had an idea there was disagreement between him and the
consultabb. Mr. Carroll told him that the consultant
at no time suggested Mr. Vogel was entitled to paymant
He said he could not understand that because the con-
sultant made previous payments. He told Mr. Carroll
he had no doubt but that the consultant would recognize
there was merit to the whole thing. He stated that
Mr. Carroll' s attitude was that if the consultant wanted
to recommend payment of the item, he would recommend to
the Selectmen that the Town sue the consultant for not
properly handling the job .
The Chairman explained that the relation of Mr.
Carroll and the consultant is not Mr. Vogel's worry.
Mr. Howard stated that the contract document says
the engineers are the ones the contractor shall look
to for final decision, and Mr. Vogel agreed.
The Chairman said that would seem to settle the
matter. The contract is not in unusual form, and he
thought the question was taken care of in the contract.
Mr. Carroll said he felt the contractor should
not be paid the extra $10,000, and if the engineer
said he was entitled to it, the Town would have to pay.
He said he felt if that was the case, he would recommend
to the Board that the engineer had made a mistake and
in so doing, had not protected the Town.
The Chairman said that was the basis on any contract.
Mr. Carroll said if the engineer makes an error
which entitles the contractor to additional payments, and
the Town is obligated to pay, he thought it is the Town ' s
responsibility to protect itself.
241
Mr. Legro, Town �'ounsel, arrived at the meeting
at 9:50 P.M.
The Chairman explained that the contractor contends
that the original specifications are not clear, and the
question is the $10,000 on the interpretation of the
clause saying per ton or per foot.
Mr. Howard referred to and read sections of the
contract. He stated that he talked to Mr. Vogel and
told him there was no change in the estimate as far as
he could see it. Mr. Vogel then saw Mr. Howard at his
office, but there was nothing that changed his mind.
He reported that he and Mr. Carroll talk weekly, and
Mr. Rowe talks to Mr. Carroll daily. At no time did
Mr. Carroll or he say there was any misunderstanding
between the two.
The Chairman said this type of work has been done
many times before and this is a standard form of con-
tract. He asked if this type of question ever came
up before, and Mr. Howard replied in the negative.
The Chairman said the major question is the $10,000
and the form of payment which is geeting into a legal
question.
Mr. Legro said he would give the subject some con-
sideration, and it was agreed by all present that the
Town Counsel should go over all the facts of the contract.
Messrs. Howard, Rowe and Vogel retired at 10:00 P.M.
Letter was received from John H. Peterson, 9 Bowman
Street, Lexington, claiming da_ .ages in the amount of
$81.90 to his car as a result of a hole in Watertown Claim
Street.
Mr. Carroll said he had given Mr. Legro a report
on this today.
Upon motion duly made and seconded, it was voted
to approve the following j/o pole location on Grove
Street:
Grove Street, northeasterly side, approximately 25 feet
southeast of Diamond Road, --
One (1) pole.
(One JO pole to be removed) .
Letter was received from Richard S. Townsend, 7
Mowers Road, requesting the installaticn of a storm
drain to run approximately 195' to a connection with
the storm newer in Henderson road. Drainage
Mr. Carroll said, as a matter of policy, he did
242
not think the Town should put drains in unaccepted
streets without accepting the streets . He said to
his knowledge the only time the Town puts in a drain
in an unaccepted street is in connection with drainage
in an accepted street . He also advised that there are
no funds available for this projedt.
It was agreed to advise Mr. Townsend that if an
application is filed for the acceptance of Nowers Road,
it would be given serious consideration by the Board
when projects for 1964 are being discussed.
The Chairman read a letter fromMrs . George MacBeth,
Sewer 507 Waltham Street, relative to a taking for a sewer
easement easement which she wants todiscuss with the Board.on
her return from Florida later this month.
The Chairman read a letter from William L.Potter,
Trustee, Walnut Farm Trust, in regard to a taking of
Potter a water easement over property of the Trust located
claim at the corner of Waltham Street and Marrett Road.
Mr. Carroll presented aplan and indicated the
location of the easement which he explained was taken
over an existing drainage easement. He said the Trust
would not agree torant the easement, and therefore
g
the Board made the taking.
It was agreed to offer the Walnut Farm Trust $100
in full settlement .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
April 1, 1963.
Upon motion duly made and seconded, it was voted
'o go into executive session for the purpose of dis-
cussing, deliberating or voting on a matter which, if
Executive made public, might adversely a,ffeot the public security,
Session the financial interest of the own, or the reputation
of any person.
The Chairman called for a discussion of Mr. Stevens'
memorandum covering the conference between representa-
tives of the Town and the United States Air Force, and
a letter, on the same subject, received fromJames C.
Mallen, dated April 2, 1963.
Following a lengthy discussion, it was voted to
resume the open meeting.
Mr. Carroll retired at 11:04. P.M.
24a
Mr. Gray reported that he hdd a visit from Mr.
Sarandis, 25 Ewell Avenue, regarding a depression in
the road that fills up during a rain and runs onto his
land and down onto School Street. He said the water
has been seeping into a house on School Street owned by Mr.
Noonan, whose attorney is seeking damages from Mr. Sarandis.
Mr. Gray said this is an unaccepted street and he
advised Mr. Sarandis that as far as he knew, the Town Drainage
has no responsibility. He said he thought this was
a matter between Mr. Sarandis and his neighbor.
The Chairman said this is not the Town' s responsi-
bility and furthermore, there are no funds available.
Mr. Gray read a memorandum to the Board from the
Traffic Study Committee. Traffic
Upon motion duly made and seconded it was voted Memorandum
to accept the following recommendations:
April 84. 1963
Mmmoramdum to The Board of Selectmen
From: The Traffic Study Committee
It is the recommendation of the Traffic Study
Committee that "Stop" signs be erected on the south-
east corner and the northwest corner of Sherburne
Rodd at the intersection of Winthrop Road.
Re: Letter from Edwin J. Breslin, 2227 Massachusetts
Avenue, of February 23, 1963.
It is the recommendation of the Traffic Study
Committee that the request of Mr. Edwin J. Breslin
for a street light opposite the Concord Hill Market
be granted.
Re: Letter from Charles J. Collazzo, Jr. , 2360
Massachusetts Avenue, dated February 1, 1963.
The Traffic Study Committee submits the following
recommendations regarding the letter of Mr. Collazzo:
1 The sidewalk in front of the store mentioned in
the letter - - That the situation at the present
time does not war;. ant any change from that that
exists there at the present time.
2. Estabrook Road - - Estabrook Road is a private way
and not under Town control. If Mr. Collazzo
desires to have this portion of Estabrook Road
paved, the abutters may petition the Selectmen
to have this done .
244
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J
3. Sidewalk on Massachusetts Avenue - - The Selectmen
will consider this as part of an overall sidewalk
study of Lexington and at the present time no re-
quest will be made to the utility company to re-
locate the poles in the Iodation mentioned uhtil
the sidewalk study has been made.
Re: Grapevine Avenue
it is the recommendation of the Traffic Study
Committee that "No Parking" signs be installed on
the south side of Grapevine Avenue from Waltham Street
to Kendall Road.
Re: The junction of Bedford and Eldred Streets
The Traffic Study Committee refers to the letter
to you, of March 2, 1963, from the Department of Public
Works, regarding a request of the Town for traffic
police protection at the above-mentioned intersection.
The Traffic Study Committee would like the Selectmen to
know the Chief of Police will provide pedestrian pro-
tection there until June 1st or until the bridge is
completed,with local Police Offieers.
Re: Request of Robert Townsend, 265 Bedford Street.
It is the recommendation of the Traffic Study
Committee that "No Parking" signs be installed on
the southeast side of North Hancock Street a distance
of 250 feet starting at the intersection of North
Hancock and Bedford Streets.
/s/ Albert Gray, Jr.
Clerk, Traffic Study Committee
Letter was received from the Board of Health rela-
tive to the location of a Hearing Test-Mobile trailer
which the Boston Guild of the Hard of Hearing would
Trailer like to have during the weeks of April 29 through May 11.
The Board of Health suggested that the street parking
spaces on Massachusetts Avenue at Depot Square be made
available.
The Chairman suggested that the request be referred
to Chief Rycroft for his recommendation.
245
The Chairman read a letter from Charles S. Ward,
of the John Birch Society, requesting permission to
park a vehicle in a municipal parking lot and to take April 19
flags from the vehicle for distribution along the
parade. He also requested permission to take orders
for books upon request.
Upon motion duly made and seconded, it was voted
to grant Mr. Ward permission to park the American
Opinion Bookmobile on the Meriam Street mpnicipal
parking lot .
The Chairman read a letter from the Chamber of
Commerce advising that the Town Celebrations Committee
has requested the Chamber to have an additional infor-
mation booth during the weekend of April 19. The April 19
Chamber suggested the location of the School Adminis-
tration property on Massachusetts Avenue right next
to the sidewalk.
The Board had no objections and suggested that
the Chamber of Commerce contact the School Committee.
Request from Elman J. Gracia, 26 Willow Street,
Waltham, for permission torun a Kiddie Ride in Lex-
ington on April 19, was denied.
Letter from Maj. General Terhune relative to a
forum and charter of the Hanscom Field-Lexington Com-
munity Council was held over.
Upon motion duly made and seconded, it was voted
to accept with hegret Mr. Charles H. Cole 's resignation Resignation
as a member of the Historic Districts Commission.
Appointments to the Board of Assessors, Recreation
Committee and Town Celebrations Committee were held Appointments
over.
Invitation was received from the Senior Committee
of Hayden Recreation Centre to attend the 250th Anni-
versary Youth Dance to be held at the Hayden Recreation
Centre on Saturday, April 20, at 8:00 P.M. Invitation
No decision was made as to who would represent
the Board, but it was agreed to accept the invitation,
the representative to be determined at a later date.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to Richard E. Gahm, Licenses
satisfactory character reference having been received
from Chief Rycroft.
246
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C4
Upon motion duly made and seconded, it was voted
Order of to adopt an order of taking in lot 158, a sewer ease-
taking ment in land of Walter E. Murphy and Robert W. O.rrig,
Trustees of Girrac Realty Trust, in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of April, 1963, it is
ORDERED: Whereas at a Town Meeting duly called, warned and held
on March 5, 1962, namely at an adjourned session thereof, duly held on
March 19, 1963, in accordance with the provisions of law applicable
thereto, it was unanimously
"VOTED That the Selectmen be and they hereby are authorized to
install a sewer main or mains in such locations as the Selectmen may
determine from Pleasant Street, near its intersection with Route 2,
to the vicinity of the Woodhaven area end also to the westerly side of
the Follen Hill and adjacent areas, subject to the assessment of better-
ments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and
all acts in amendment ther _.of 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 appropri-
ate for such installation and land acquisition the sum of $$58Lj ,1900.00
and to p ovide for payment thereof by the transfer of $33,$16.37 from
the unexpended balance of the appropriation for the installation of
sewer mains voted under Article 14 of the warrant for the 1959 Annual
Town Meeting, by raising $50,183.63 in the current tax levy and the
balance of $500,000.00 to be provided by the issue of bonds or notes
of the Town; and that the Treasurer, with the approval of the Select-
men, be and he hereby is authorized to borrow the sum of $500,000.00
and to 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 it is necessary to
install a sewer main 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 quali-
fied 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 nd on behalf of said Town of Lexington the per-
petual rights and easements to lay, construct, inspect, repair, remove,
247
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 in said Lexington in Lot 158 on Land Court Plan
No. 23539L filed in the Middlesex south Registry District of the Land
Court with Certificate of Title No. 106791 in Book 664, Page 41, said
strip being bounded and described as follows'
Beginning at a point in the southeasterly boundary line of said
Lot 158 which point is South 63°51'04" West and distant 27.92
feet from the southeasterly corner of said Lot 158; thence
running North 42°24' 30" West 20.26 feet to a point of curvature;
thence turning and running northwesterly by a curve to the left
having a radius of 229.21 feet, distant 155.45 feet to a point;
thence turning and running North 81°16'00" West, distant 100.00
feet to a point; thence turning and runL,ing northwesterly by a
curve to the right having a radius of 395.87 feet, distant 216.47
feet to a point; thence turning and running North 49°56'10" West,
distant 537.83 feet to a point; thence turning and running north-
westerly by a curve to the right having a radius of 1179 17 feet,
distant 195.40 feet to a point; thence turning and running North
40°26'30" West , distant 730.66 feet to a point in the north-
westerly boundary line of said Lot 158; thence turning and run-
ning South 66°10' 10" West along said boundary line, distant 52.18
feet to a point; thence turning and running South 40°26'30" East,
distant 745.59 feet to a point; thence turning and running south-
easterly b. a curve tothe left having a radius of 1229.17 feet,
distant 203.69 feet to a point; thence turning and running South
49°56'10" East, distant 537.83 feet to a point; thence turning
and running southeasterly by a curve to the left having a radius
of 445.87 feet, distant 243.81 feet to a point ; thence turning
and running South 81°16'00" East, distant 100.00 feet to a point ;
thence turning and running southeasterly by a curve to the right
having a radius of 179.21 feet, distant 121.54 feet to a point;
thence turning and running South 42°24'30" East, distant 5.68
feet to a point in the southeasterly boundary line of said lot 158;
thence turning and running North 63°51'04" East along said south-
easterly boundary line, distant 52.08 feet to the point of
beginning; all as shown and marked "50' Sewer Easement" on plan
entitled "Plan of Sewer Easement in L.C. Lot 158 Off Pleasant
Street Lexington, Mass ", dated March 8, 1963, John J. Carroll,
Town Engineer, to be registered herewith and a copy of which is
annexed hereto and made a part hereof.
Said rights and easements in the land included within the
above description are taken without interference with or' pre-
judice to the rights of the respective owners of the land, ex-
cept so far as is reasonably necessary in the exercise of the
rights and easements hereby taken, and there are reserved to
248
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the respective owners and their heirs, successors and assigns
all their respective rights in and to the use of their lands
for all lawful purposes not inconsistent with the use thereof
for all of the purposes hereinabove mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and easements are taken and 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 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 :
Registered Land
Lots as Indicated Bert. of
Owner on Aforesaid Plan Title Book Page
Walter E. Murphy and
Robert W. Carrig,
Trustees of Girrac
Realty Trust 158 106799 664 49
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 improvements, is as follows
Owner Land as Shown on Estimated
Aforesaid Plan Betterments
Walter E. Murphy and
Robert W. Carrig,
Trustees of Girrac
Realty Trust Lot 158 $19,207.28
24
and it is hereby estimated that betterments will be assessed
upon such parcel of land in the amount hereinabove set forth.
WITNESS our hands at Lexington as aforesaid, this eighth
day of April, 1963.
/s/ Alan G. Adams
Lincoln P. Cole, Jr.
Otis S. Brown, Jr.
Robert Cataldo
Majority of the board
of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . April 8, 1963
Then personally appeared Alan G. Adams, Otis S. Brown, Jr. ,
Lincoln P. Cole, Jr. , and Robert Cataldo, 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
Upon motion duly made and seconded, it was voted
to adopt an order of taking in lots 26 and 28, a sewer Order of
easement in land of George H. MacBeth and Helen C. taking
MacBeth in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS Town of Lexington
At a meeting of the hoard of Selectmen of the Town of
Lexington held on the 8th day of April, 1963, it is
250
Mr
tee
ORDERED: Whereas at a Town Meeting duly called, warned and
held on March 5, 1962, namely at an adjourned session thereof
duly held on March 19, 1962, in accordance with the provisions of
law applicable thereto, it was unanimously
"TOTED: 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 Pleasant Street, near its inter-
section with Route 2, to the vicinity of the Woodhaven area
and also to the westerly side of the Pollen Hill and adjacent
areas, subject to the asses meet of betterments or otherwise,
innge ;o deice w$th E�pigtor J f 1140 Aute eeT,1E 97, and fay acts
iu, waditet .henegf end .rltatAition 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 $584,000.00 and to provide for payment thereof by the trans-
fer of $33 ,816.37 from the unexpended balance of the appropri-
ation for the installation of sewer mains voted under Article
14 of the Warrant for the 1959 Annual Town Meeting, by raising
$50,183.63 in the current tax levy and the balance of $500,000.00
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 $500,000.00 and to
issue bonds or notes of the Town therefor, to be payable in ac-
cordance
with the provisions of Chapter 44 of the General Laws,
as amended, within a period not exceeding twenty years."
WHEREAS The Selectmen have determined that it is necessary to
install a sewer main 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 fee simple in the name and
on behalf of said Town of Lexington for sewer purposes a certain
parcel of land on Waltham Street in said Lexington, being lot 27
as shown on plan entitled "Section 1 Plan of Farmhurst in Lexington
Mass. Belonging to Neil McIntosh Tr.", dated Jan. 1918, by C. H.
Gannett, C.E. recorded in Middlesex South District Registry of
Deeds in Plan Boo]; 285 as Plan No. 4.
Said land is taken with the benefit of all rights and ease-
ments now appurtenant thereto.
All trees upon said land and buildings and structures affixed
thereto are included in said taking.
251
We award the damages sustained by persons in their property
by reason of the taking hereby made as follows:
George H. MacBeth and Helen C. MacBeth,
husband and wife, the sum of One Dollar.
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 owner or owners thereof.
Betterments are to be assessed for this improvement.
The parcels which it is expected will receive benefit or advantage
other than the general advantage to the community from such improvements,
are as follows.
Land as Shown Estimated
Owner on Aforesaid Plan Betterments
George H. MacBeth and
Helen C. MacBeth,
husband and wife Lot 28 $ 243.22
Helen C. MacBeth Lot 26 $ 243.22
and it is hereby estimated that betterments will be assessed upon
such parcels of land in the amounts hereinabove set forth.
WITNESS our hands and seals in said Lexington, the day and year
first above written.
Town of Lexington
By /s/ Alan G. Adams
Lincoln P ole,Jr.
Otis S. Brown, Jr.
Robert Cat ldo
Majority of the -oard of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. April 8, 1963
Then personally appeared Alan G. Adams, Otis S. Brown, Jr.
Robert Cataldo, and Lincoln P. Cole, Jr. , 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
252
CUMO
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
Upon motion duly made and seconded,it was voted
Order of to adopt an order of taking in two unnumbered lots a
,taking sewer easement in land of Henning W. Swenson and in
lot C, land of Frank D. Walker and Mercedes E. Walker
in the following form
COMMONWEALTH OF MASSACHUSETTS
MIDDT SEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of April, 1963, it is
ORDERED Whereas at a Town Meeting duly called, warned and held
on March 5, 1962, namely at an adjourned session thereof duly held on
March 19, 1962, in accordance with the provision of law applicable
thereto, it was unanimously
"VOTED That the Selectmen be and they hereby are authorized to
install a sewer main or mains in such locations as the Selectmen may
determine from Pleasant Street, near its intersection with Route 2, to
the vicinity of the Woodhaven area and also to the westerly side of the
Follen Hill and adjacent areas, subject to the assessment of betterments
or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all
acts in amendment thereof and in addition thereto, or otherwise, and to
take by eminent domain, purchase or otherwise acquire any fee , easement
or other interest in land necessary therefor; and to appropriate for such
installation and land acquisition the sum of $584,000.00 and to provide
for payment thereof by the transfer of $33,816.37 from the unexpended
balance of the appropriation for the installation of sewer mains voted
under Article 14 of the warrant for the 1959 Annual Town Meeting, by
raising $50,183.63 in the current tax levy and the balance of $500,000.00
to be provided by the issue of bonds or notes of the Town; and that the
Treasurer, with the approval of the Selectmen, be and he hereby is author-
ized to borrow the sum of $500,000.00 and to 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. "
WHEHEAS the Selectmen have determined that it is necessary to in-
stall a sewer main in the land hereinafter described.
253
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
incidental thereto, including the right to pass along and over
the land for the aforesaid purposes, in, through and under a
certain strip of land in said Lexington extending from the
weste ly side line of Stedman Road and the easterly terminus of
Brookside Avenue easlerly to the common boundary of land of Henning
W. Swenson and land of Evangelical Covenant Church of Cambridge,
bounded and described as follows:
Beginning at a point inthe westerly side line of Stedman
Road which point is the southerly terminus of a curve
having a radius of 25.00 feet in the southerly side line
of Brookside Avenue; thence running southerly along the
westerly side line of Stedman Road by a curve to the left
having a radius of 660 feet, distant 136 feet, more or
less, to a point; thence turning and South 84°27'43" East,
distant 1072 feet, more or less, to a point; thence turning
and running southeasterly by a curve to the right having a
radius of 160 feet, distant 179.26 feet to a point; thence
turning and running South 20°16 '13" East, distant 370.00
feet to a point; thence turning and running easterly by a
curve to the left having a radius of 250 feet, distant
339.47 feet to a point; thence turning and running easterly
by a curve to the right having a radius of 740 feet, distant
544.95 feet to a point ; thence turning and running South
55°51'56" East, distant 34 feet, more or less, to a point
in the common boundary of land of Henning W. Swenson and land
of Evangelical Covenant Church of Cambridge; thence turning
and running easterly along said common boundary, distant
96 feet, more or less; thence turning and running North 55°
51' 56" W .st, distant 116 feet, more or less, to a point;
thence turning and running westerly by a curve to the left
having a radius of 785.00 feet, distant 578.09 feet to a
point; thence turning and running westerly by a curve to the
right having a radius of 205 feet distant 27.32 feet to a
point; thence turning and running North 20°16'13" West,
distant 370 feet to a point; thence turning and running
northwesterly by a curve to the left having a radius of
205 feet, distant 229.67 feet to a point; thence turning
254 1
and running North 84°27'43" West, distant 1042 feet, more
or less, to a point in the easterly side line of Stedman
Hoad; thence turning and running northerly along said side
line by a curve to the right having a radius of 620 feet,
distant 170 feet, more or less, to a point ; thence turning
and running North 89°15'00" West, 38 fed:, more or less, to
a point in the westerly side line of Stedman Road; thence
turning and running Sout 7°02T25" West along said side line,
distant 77.24 feet to the point of beginning;
all as shown and marked "45' Sewer Easement" on plan entitled "Plan
of Sewer & Drain Easement at Clematis Brook Lexington, Mass.", dated
March 12, 1963, John J. Carroll, Town Engineer, to be recorded here-
with and a copy of which is annexed hereto and made a part hereof.
We do hereby also take temporary construction easements, for use
in constructing the sewer to be installed in the permanent easement
hereinabove described, in the following strip of land situated in said
Lexington:
1. A strip of land having a uniform width of 20 feet, measured
at right angles between side lines, and extending from the easterly
side line of Stedman Road to the common boundary of land of Henning
W. Swenson and land of Evangelical Covenant Church of Cambridge, said
strip abutting upon and extending the full length of the northerly
boundary of the above described permanent easement, all as shownand
marked 20!
Temporary Sewer Construction Easement" on said plan; and
reference to said plan is incorporated herein for a complete and
detailed description of said strip of land.
The temporary construction easements herein taken include
rhe right to enter upon the land taken, to deposit earth and material
thereon, and in general to make all use necessary or desirable in con-
nection with the aforesaid sewer construction . The construction ease-
ments shall terminate thirty days after the completion of the sewer
construction, and, in any event, not later than July 1, 1965.
Said rights and easements in the land included with in the
abovedescriptions are taken without interference with or prejudice to
the rights of the respective owners oftht land, except so br 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, su
successors and assigns all their respective rights in and to the use of
their lands for all lawful purposes not inconsistent with the use thereof
for all of the purposes hereinabove mentioned.
On each occasion that the Town enters upon the land in which the
aforesaid rights and easements are taken and performs any work thereon,
it shall be the obligation of the Town to remove all surplus material
and to leave the premises in reasonably as good condition as when the
entry was made.
Any trees upon the land included with in the above described
strips of land are included within the taking. '
255
11 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:
Unregistered Land
Lots as Indicted
Owner on Aforesaid Plan
Henning W. Swenson Unnumbered lot
Henning W. Swenson Unnumbered lot
Frank D. Walker and
Mercedes E. Walker Lot C
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 eighth
day of April, 1963.
/s/ Alan G. Adams Otis S. Brown, Jr.
Lincoln P. Cole, Jr. Robert Cataldo
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss April 8, 1963
Then personally appeared the above named Alan G . Adams, Otis S.
Brown, Jr. , Robert Cataldo, and Lincoln P. Cole, Jr. , 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 qct and deed, before me ,
/s/ Hazel J. Murray
Notary Public
My commission expires November 21, 196L.
Upon motion duly made and seconded, it was voted
Order of to adopt an order of taking in lot B a sewer easement
taking in land of the Evangelical Covenant Church of Cambridge
in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of April, 1963, it is
,., ORDERED: Whereas at a Town Meeting duly called, warned and held
on March 5, 1962, namely at an adjourned session therof duly held on
March 19, 1962, in accordance with the provisions of law applicable
thereto, it was uanimously
"VOTED: That the Selectmen be and they hereby are authorized to
install a sewer main or mains in such loations as the Selectmen may de-
termine from Pleasant Street, near its intersection with Route 2, to the
vicinity of the Woodhaven area and also to the westerly side of the
Follen Hill and adjacent areas, subject to the assessment of betterments
or otherwise, in accordance with Chapter 50 of the Acts of 1897, and
P ZI-
all acts in amendmente
ther of 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; andto appropri-
ate for such installation and land acquisition the sum of58!;.,000.00
and to providefor $
payment thereof by the transfer of $33,ti16.37 from
the unexpended balance of the appropriation for the installation of
sewer mains voted under Article 14 of the warrant for the 1959 Annual
Town Meeting, by raising $50,183.63 in the current tax levy and the
balance of $500,000.00 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 $500,000.00 and to
Issue bonds or notes of the Town therefor, to be payable in accordance
with the provisions of Chapter 144 of the General Laws, as amended,
within a period not exceeding twenty years. "
WHEREAS the Selectmen have determined that it is necessary to
install a sewer main in the land hereinafter described.
NOW, THEREFORE, we the undersigned, being a majority of the
Board of Selectmen of said Town of Zxington, duly elected and. quali-
fied 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 cf
Lexington the perpetual rights and easements to lay, construct, inspect,
257
repair, remove, replace, operate and forever maintain asanitary
sewer or sewers with any manholes, pipes, culverts and other
appurtenances, and to do all other acts incidental thereto, in-
cluding the right to pass along and over the land for the afore-
said purposes, in, through and under a certain strip of land in lot
B in said Lexington shown on a plan entitled "Plan of Land in Lex-
ington, Mass. belonging to George H. Roberts", dated April 26,
1932, by Rowland H. Barnes and Henry F. Beal, Civil Engineers, re-
corded with Middlesex South District Registry of Deeds, Book 5641,
Page 195, said strip being bounded and described as follows:
Beginning at the northwesterly corner of said Lot B at
a point in the common boundary between said Lot B and
land now or formerly of Henning W. Swenson; thence
running South 55051156" East, distant 215 feet, more or
less, to a point; thence turning and running South 0051156"
East, distant 46.66 feet to a point; thence turning and
running by a curve to the left having a radius of 3091.83
feet, distant 1545 feet, more or less to a point in the
easterly boundary line of said Lot B; thence turning and
running northerly along said boundary line, distant 70
feet, more or less, to a point; thence turning and running
northwesterly by a curve to the right having a radius of
3041.83 feet, distant 1473 feet, more or less, to a point;
thence turning and running North 0°51156" West, distant
66.58 feet to a point; thence turning and running North
55°51156" West, distant 163 feet, more or less, to a
point in said common boundary between said Lot B and land
now or formerly of Henning W. Swenson; thence turning and
running southwesterly along said common boundary, distant
96 feet, more or less, to the point of beginning;
all as shown and marked "501 Sewer Easement" and "451 Sewer Ease-
ment" on plan entitled "Plan of Sewer Easement Lexington, Mass.",
dated March 11, 1963, John J Carroll, Town Engineer, to be
recorded herewith and a copy of which is annexed he eto and made
a part hereof.
We do hereby also take temporary construction easements,
for use in constructing the sewer to be installed in the perma-
nent easement hereinabove described, in the following strips of
land situated in said 1,exington-
1. A strip of land in said Lot B having a uniform width of
10 feet, measured at right angles between side lines,
and extending from the southwesterly side line of the
hereinabove described permanent easement as shown and
marked "451 Sewer Easement" on said plan to the easterly
boundary line of said Lot B, said strip abutting upon
and extending the full length of the southwesterly
258 ,.,
MC
boundary of the above described permanent easement marked
"501 Sewer Easement" on said plan, all as shown and
marked "101 Temporary Construction Easement" on said
plan; and
2. A strip of land in said Lot B having a uniform width of
10 feet, measured at right angles between side lines,
and extending from the easterly boundary line of said
Lot B to the temporary construction easement hereinafter
described and marked "201 Temporary Construction Easement"
on said plan, said strip abutting upon and extending the
full length of the northeasterlyboundaryof the above
g
described permanent easement marked 11501Sewer Easement"
on said plan, all as shown and marked 11101 Temporary
Construction Easement" on said plan; and
3. A strip of land in said Lot B having a uniform width of
20 feet, measured at right angles between side lines,
and extending from the above described temporary con-
struction easement abutting the northeasterly boundary
line of said permanent easement marked "501 Sewer Ease-
ment" on said plan to the common boundary of said Lot B
and said Swenson land, said strip abutting upon and ex-
tending the full length of the northeasterly boundary
of theaabove described permanent easement marked "1451
Sewer Easement" on said plan, all as shown and marked
"201 Temporary Construction Easement" 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 tempory construction easements herein taken include the
right to enter upon the land taken, to deposit earth and material
thereon, and in general to make all use necessary or desirable in
connection with the aforesaid sewer construction The construction
easements shall terminate thirty days after the completion of the
sewer construction, and, in any event, not later than July 1, 1965.
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 ease-
ments hereby taken, and there are reserved to the respective owners
and their heirs, successors and assigns all their respective rights
in and to the use of their lands for all lawful purposes not incon-
sistent with the use thereof for all of the purposes hereinabive
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 own to remove all surplus
material and to leave the premises in reasonably as good condition
as when the entry was made .
29
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:
Unregistered Land
Lots as Indicated
Owner on Aforesaid Plan
Evangelical Covenant Church
of Cambridge B
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 eighth day
of April, 1963.
/s/ Alan G. Adams
Lincoln P. Cole, Jr
Otis S. Brown, Jr.
Robert Cataldo
Majority of the board
of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss April 8, 1963
Then personally appeared Alan G. Adams, Otis S. Brown, Jr. ,
Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a
majority of the duly elected, qualified and acting Selectmen of the
Town of Lexington, and acknowledged the foregoing instrument to be
their free act and deed, before me,
/s/ Hazel J. Murray
Notary Public
My commission expires: November 21, 196L.
C4
Upon motion duly made an seconded, it was voted
Order of to adopt an order of taking land of Albert DeVincent,
taking Henry DeVincent, Adolph F. Kroll, and Alice Kroll, for
a school site in the following form
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ZS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held this 8th day of April, 1963, it is
ORDERED:-Whereas by vote duly adopted by a Town Meeting duly called,
warned and held on the 5th day of March 1962, namely at an adjourned
session thereof duly h.ld on March 19, 1962, the Selectmen were author-
ized on behalf of the lown of Lexington to purchase, take by eminent
domain or otherwise acquire for school, playground and other public
purposes, the land hereinafter described and an appropriation 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 virtues
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 simple in the name and on behalf of the Town of Lexington for
sewer, water, drain, street, school and playground purposes two parcels
of land situated on Moreland Avenue in Lexington, the first parcel con-
sisting of lots 160 through 176, inclusive, as shown on plan entitled
"East Lexington Estates East Lexington, Mass. Owned by J. W. Wilbur",
dated November 21, 1913, A L. Eliot, Civil Engineer, recorded in
Middlesex South District Registry of Deeds in Plan Book 219 as Plan No.
41, together with the fee to the middle line of that part of said
Moreland Avenue on which said lots abut, and the second parcel con-
sisting of lots 318 through 340, inclusive, as shown on said plan,
together with the fee to the middle line of that part of said Moreland
Avenue on which said lots abut, and lots 131 through 155, inclusive,
as shown on plan entitled "East Lexington Farms, East Lexington,
Middlesex County, Mass. Owned by J W. Wilbur", dated November 10, 1913,
A. L. Eliot, Civil Engineer, recorded in said Deeds in Plan Book 219
as Plan No. 42, together with the fee to the middle line of that part
of said Moreland Avenue on which the said lots abut.
Said land is taken with the benefit of all rights and easements
now appurtenant thereto.
All trees upon said land and buildings and structures affixed
thereto are included in the taking.
2t9i
We award the damages sustained by persons in their property
by reason of the taking hereby made as follows:
Unregistered Land
Lots as Shown on
Aforesaid Plan No.41 Damages
Owner in Plan Book 219 Awarded
Albert DeVincent Lots 318-340, inclusive 51.00
Henry DeVincent Lots 318-340, inclusive 51.00
Adolph F. Kroll Lots 160-176, inclusive S1.00
Alice Kroll Lots 160-176, inclusive $1.00
Owner Lots as Shown on
Bbresaid Plan No.t2 Damages
in Plan Book 219 Awarded
Albert DeVincent Lots 131-155, inclusive 4;1.00
Henry DeVinoent Lots 131-155, inclusive $1.00
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 sta- ed, it is to be understood t}st
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 improvements
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/s/ Alan G. Adams
Lincoln P. Cole, Jr.
Otis S. Brown, Jr
Majority of the board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. April 8, 1963
Then personally appeared Alan G . Adams, Otis S. Brown, Jr. ,
Robert Cataldo, and Lincoln P . Vole, Jr. , 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 deedaand the free act and deed of the
Town of Lexington, before me,
/s/ Hazel J Murray
Notary Public
262
Upon motion daly made and seconded,it was voted
Order of to adopt an order of taking of land of Oscar W. Carlson
taking and Lillian M. Carlson for a school site in the following
form
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the board of Selectmen of the Town of Lexingto
held this 8th day of April, 1963, it is
ORDERED: -Whereas by vote duly adopted by a Town Meeting duly called,
warned and held on the 5th day of March, 1962, namely at an adjourned
session thereof duly held on March 19, 1962, the Selectmen were author-
ized on behalf of the Town of Lexington to purchase, take by eminent
domain or otherwise acquire for school, playground and other public
purposes, the land hereinafter described and an appropriation of money
was made therefor.
NOW, THEREFORE, we, the undersigned, being a majority of the Board
of Selectmen of the said Town cf 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, 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 simple in the name and on behalf of the Town of Lexington
for sewer, water, drain, street, school and playground purposes a
parcel of land situated on Rockville Avenue in Lexington, being lot 57
as shown on plan entitled "East Lexington Farms, East Lexington, Middle-
sex County, Mass. Owned by J.W. Wilbur", dated November 10, 1913, A.L.
Eliot, Civil Engineer, recorded in Middlesex South District Registry
of Deeds in Plan Book 219 as Plan No.L2, together with the fee to the
middle line of that part of Rockville Avenue on which the above lot
abuts.
Said land is taken with the benefit of all rights and easements
now appurtenant thereto.
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:
Oscar W. Carlson, the sum of One Dollar
Lillian M. Carlson, the sum of One Dollar
In so awarding damages we have awarded themto the supposed owner
of record of the land hereby taken as of the date hereof, but if the
263
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 improvements 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 /s/ Alan G. - dams
Lincoln P. Cole, Jr.
Otis S. Brown, Jr
Majority of the Loard
of Selectmen
COMMONWEALTH OF MASSACHUS,,TTS
Middlese,, as. April 8, 1963
Then personally appeared Alan G. Adams, Otis S. Brown, Jr. ,
Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a
majority of the duly elected, qualified and acting Selectmen of the
Town of Lexington, and acknowledged the foregoing instrum1nt to be
their free act and deed and the free act and deed of the own of
Lexington, before me,
/s/ Hazel J. Murray
Notary Public
My commission expires November 21, 1961
All above orders were prepared by Mr. Legro and
taken by him after execution by the Board.
It was agreed to ask the Historic Districts Com-
mission, the Lexington Historical Society and the Chamber
of Commerce to submit lists of names of individuals to Appointment
be considered for appointment to the committee author-
ized by the Town Meeting under Article 32 of the Warrant
for the Annual Town Meeting.
264
Mr. Brown reported that he and Mr. Gray had attended
Meeting a meeting at the State House on Governor Peabody' s pro-
posed tax bill. The larger cities and towns were in
favor of the proposal, but the smaller ones were not .
The meeting adjourned at 11:40 P.M.
A true record, Attest :
„Fitec Live# Clerk Select en
Al‘
L
1
265
SELECTMEN'S MEETING
April 13, 1963
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Saturday morning, April 13, 1963, at 10:00 A.M. Chairman
Adams, Messrs. Cole, Brown, Burnell and Cataldo were pre-
sent . Miss Murray, Executive Clerk, was also present.
Mr. Kingston Howard, Chairman of the Town Cele-
brations Committee, Mr. Spertuto and Mr. Barnes met
with the Board.
The Chairman stated that the reason he had invited
the group to attend the meeting was to 'Uouble checks`
He said there were a few difficulties particularly with
getting the Ambassadors in the parade.
Mr. Howard said that after a Sunday afternoon meet-
ing last November, at which time the Minute Man Freedom
Committee was officially organized, the leaders and Chair-
man elected, the Chairman William Welch appeamd at a
joint meeting of the Town Celebrations Committee and the
250th Anniversary Committee . At that time, the Town
Celebrations Committee presented certain ground rules
for him to follow. He said the Ambassadors should be April 19
invited as the guests of the Town as observers to see
the manner in which the sown prepared its patriotic
heritage and in no case should they be invited to be in
the parade. The Committee did not feel they should
be placed on exhibit. A few weeks ago, the Committee
was asked what provisions it had made for these people
to becin the parade and answered that no provisions
had been made as the Committee did not feel it proper.
The Chairman of the Freedom Committee was to check with
the State Department for its attitude He then made a
formal request to the Committee indicating that the State
Department would tolerate their being in the parade but
was not anxious for them to be in the parade. At this
point, it was decided by the Town Celebrations Committee
that this group should not be invited to be a part of the
parade but invited to join with some of the guests not
in the parade but on the reviewing stand. Then the
committee received a reply than days later that the entire
Minute Man Freedom Committee was disturbed and wished the
Committee to reconsider. It became clear that right or
wrong an invitation had been extended to the Ambassadors
of the 0.A.S. , on behalf of the Town by the Minute Man
Freedom Committee, to participate in the parade and this
?66
MC
wc
MI
tat
invitation was accepted. The Town Celebrations Committee
was then in a position of having no recourse. This group
was going to be fed on the planeleaving from Washington at
11:00 A.M. and to arrive not later than 1:00 P.M. The
Minute Man Freedom ('ommittee arranged for an escort from
Hanscom Field to East Lexington. The Town Celebrations
Committee, upon reconsideration, did vote to work out the
details to have these Ambassadors in the parade and it
was voted to take all of the honored guests and place them
in one automobile convoy to precede the parade by about
five minutes and arrive at the reviewing stand in time to
give enough time to get out of the cars and mount the re-
viewing stand The way it rests now is the Minute Man
Freedom Committee agreed that these Ambassadors will be
in East Lexington by 1:30 P.M. The automobile convoy will
leave at 1 55 and the parade will start at 2:00 P.M.
The Town Celebrations Com,.ittee has a meeting tomorrow
afternoon with the Chairman of the Minute Man Freedom Com-
mittee and the parade Marshall. They will work out a
system whereby there will be a Civil Defense mobile unit
at Hanscom that can communicate with the Civil Defense units
along the parade route so the Committee can ascertain the
departure time from Hanscom. If the Ambassadors are de-
layed, there will be a point along the parade where these
people can be included. The Committee feels, with 2,000
marching in the parade and 100,000 people who will line the
route, its first obligation is to the marchers and spectators.
The Chairman said he thought the information covered
the situation and said the Board wanted the Committee to
know this is its responsibility and the Board will back
up any of its decisions.
Mr. Cole said for the record, that the letter from the
Freedom Committee was in error; that it said the entire
committee was in favor of having the Ambassadors in the
parade, and that is not so.
Mr. Howard reported that the telephone call which
he took just prior tothe meeting was from a George Welch
of Bedford, representing the Marine Reserves, requesting
that a trailer of a small house size type be set up for
showing aspects of the Marine Corps Reserve training pro-
gram with a ten-minute cycle of slides , and also to hand
out pamphlets pertaining to the Marine Corps The trailer
is under the command of Col. Robert R . Baker, South Weymouth
Air Station.
Mr. Burnell said the Selectmen should set up some
policy or recommendations for another year. He said there
is very little space in Town to carry on a parade of this
size and also carry on an activity such as this . He sug-
gested that they be permitted space in the Meriam Street
parking area.
Mr. Cataldo suggested th_ t Mr. Howard call Mr.
Anthony Cataldo, of the Depositors ' Trust, who he
felt sure would grant permission to the Marine Corps
to use the bank' s property.
Mr. Howard said the Committee would like permission
to erect a sign on the lawn of Cary Memorial Building
for the purpose of announcing tha functions that will take
place in Cary Memorial Hall on Thursday night, Saturday
night and Sunday night . The Board had no objection .
The Chairman said the schedule was going to be
very crowded and suggested that the second senior member
of the Board be elected as Co-Chairman for the three-day
activities. Co-Chairman
Upon motion duly made and seconded, it was voted
to elect Mr. Cole as Co-Chairman during the three-day
joint observation of Patriots ' Day and Lexington' s 250th
Birthday celebration.
The Town Celebrations Committee representatives
retired at 10:30 A.M.
The Chairman read a letter from Mrs. R. G. Converse,
on behalf of the High School Junior Republicans, request-
ing permission to sell flags during the 19th of April
celebration. It is planned to set up a table along the
parade route and take orders .
The Board had no objection providing the table is
on private property.
Mr. Brown said if there is no rain between now and
April 19, the Chief should take all of his equipment Fire
out of the parade. equipment
The Chairman explained he has done this every year
and he did not think there was anything to worry about
The Chairman said last Thursday or Friday he was
in the Selectmen' s Office and there was a question of
transportation back and forth to Connecticut for Mr. Transpor-
Gray until he moves here. It was suggested that he tation
take a town car, and the Chairman gave his approval, Executive
pending approval by the Board. The subject came up Assistant
again this Friday so the Chairman called the members
of the board and Mr . Cataldo objected. The Chairman
said, in going along with the four to one vote, he let
Mr. Gray take his car. He said this should be taken
up again Monday night, at which time the Board should
discuss the situation regarding Mr. Gray's work. He
said he intended to have this on the agenda for Monday
268
3C
night, but there may be some discussion now.
Mr. Cataldo said, to begin with, the Board hired
Mr. Gray without the use of a car. If the Board
hired him on the terms of supplying a car, he would go
along with it, but there were no provisions made for a
car. He said he was not upset with Mr. Gray personally,
but he just felt he was being paid sufficiently. He
said if he was receividg $10,500 from another concern,
it would not give him a car if he agreed to the terms
originally. He said as far as Mr. Gray himself and
his duties are concerned, the Board should define them
stronger than it has. He said he could not see they
are being carried out the way he would like to see them
carried out. He said he felt most of his time should
be spent in the Town Offices with the duties the Board
has assigned. He said practically the only time he
should be out of the office would be to attend State
hearings. He said as far as Mr. Gray going into one
department and spending as much time as he has in the
past two weeks is not what he was hired for. He said
the Town has a Superintendent of Public 1Norks to run
that department and Mr. Gray was not hired to go out on
the jobs day after day. He said he thought Mr. Gray
should answer to the Board only. The Chairman of the
Board speaks for the board on the Board' s Oesition and
the Board should be kept informed. Mr. Gray should
answer to the Chairman as it is not good for him to
have five employers_ and the Chairman should not make
a decision for the board. Mr. Cataldo reported that
he came into the office the other day, and Mr. Gray was
out looking for a house, and this is something the
Chairman should know. He said Mr. Gray has been here
two weeks now and can more or less find his way around
and has no right to go out on private business without
even telling the Chairman. He said if the situation
continues, it will be that much more difficult to correct .
He said the Town is paying him a good wage, he agreed to
the terms, and he thought the board could expect him to
carry out the duties of the office in a businesslike way.
He said day after day, he is out on these jobd, and that
is nbt the place for him; the townspeople are paying
$10,500 for an Executive Assistant and he is not in the
office. He said there should not be five people going
after Mr. Gray. He Maid when the Chairman goes to Mr.
Gray, he should report tack to the Board and he would
back up any decision of the Chairman one time, but if
it continuesthe the Board is not informed, he would
not defend him. Mr. Cataldo said he was opposed to
giving the Executive Assistant a car at this time,
260
especially going back and forth to Connecticut which
is not Town business . He said the Board has no right
to give him a car and it is not fair to the other Town
employees.
Mr. Cataldo said up to this time he has had nothing
to say about who did or who did not get a car and stated
that the Board cannot operate the Town as a private com-
pany because there are five members . He said the
Chairman could not make a snap decision by himself, and
each department should have equal consideration.
Mr. Cataldo said if there is a problem in the de-
partment, it should be straightened out, but Mr. Gray has
no business out on these jobs time after time; once in a
while it may be necessary, but not every day.
Mr. Cole said that, substantially, Mr. Cataldo was
correct and he concurred with him. He said the only
point on which he would depart was that the automobile
was left open and there was no decision made. Now is
the time to make a decision on the car.
Mr. Cataldo said the automobile, up to this point,
has not been handled property.
Mr. Cole said the first thing the Board should do
is to decide on the car; then it should come up with
suggestions as to how this position should be operated,
with advice as to what to do and what not to do.
Mr. Burnell said he concurred, basically, with
Mr. Cataldo. He said he did think the Board should
take action immediately to make sure that it has its
goal established. He said he agreed it is not neces-
sary for the Executive Assistant to be dealing in the
details of each individual's job in Town. He said
the Board has administrative problems it wants corrected
and the way to correct these of course is once Mr. Gray
has seen the operation, to settle down in the office and
with his wide experience, to correct these problems. He
said the Board did not agree to provide him with a car,
and, according to his recollection, the only thing that
did come up in the way of a car was his requist for help
during this period between the time he came to work for
the Board and the time he could bring his family up from
Connecticut at the close of school this year. He said
the Board made no decision. The Chairman did ask about
it but the e was no discussion and no decision. He said
he thought it wa. i :plied that the Board had to make a
decision but did nothing about it. He said he was in-
clined to be as helpful as possible dulling this period,
and if it is a reasonable thing to do and if it is legal,
he would like to help him as much as possible with trans-
portation to and from Connecticut
270
Mr. Cataldo said it is not a reaction of anyone not
wanting to help him, and asked what would happen if the
Board gave him permission to take the car to Connecticut
and it was smashed up.
Mr. Burnell said that could happen here in Lexington,
and Mr. Cataldo pointed out that it would be on Town
business.
Mr. Cole said he was inclined to go along with the
vehicle not leaving the State.
The Chairman said the Board could not treat one
person one way.
Mr. Cataldo said it would not disturb him at all
to go right down the list, but this is a problem the
Board has right now.
Mr. Burnell said Mr. Carroll' s town car is his
personal car, and he could take it to Norwood, Washington
etc
Mr. Cataldo said it should be on Town' s business.
Mr. Burnell asked if Mr. Carroll' s car was marked,
and Mr. Cataldo replied in the negative.
The Chairman said that the Chief of Police has never
had a car of his own, and has a Town car, not marked, and
equipped with a radio, the thought being he is on duty
at all times. He said in discussing this subject, the
Board is getting into a matter of broad job policy.
Mr. Burnell said the problem is, does he qualify
for a department car. He said the Superintendent of
Public Works, Fire Chief and Chief of Police have town
cars
The Chairman said the Welfare Agent also drives a
town car, and he thought Mr. Mazerall takes a Town truck
home.
Mr. Brown said, with reference to a car for Mr.
Gray, that he concurred with Mr. Cataldo that the Town
is paying him a sufficient salary now and he has a car
in Connecticut. He said people working for companies
out of State, have to work out their own transportation
arrangements and an inside man does not get a car.
The Chairman said he was inclirled to agree.
Mr. Burnell said it may be well that this subject
came up, as it might open the Board' s area of thinking.
The Chairman reported that the other day something
came up on figuring new salaries that have gone into
effect . It has been left up to each Department head.
He said he went ahead and said that Mr. Grayshould
check them, as they should be figured correctly. He
said he did not think Mr. Gray should follow any job
but he did bhink he should at least go into each de-
partment once a week rather than have reports coming
2-1
in here and department heads saying what they want the
Board to hear.
Mr. Burnell said he thought he should work with
department heads and he is going to, perhaps, know
every man who works for the Town He said the Board
does not want anyone, even a Selectmen, interfering
with the details of running a department, and the
Board should not attempt to get involved in running
departments. He said the Chairman must be continually
on guard.
Upon motion duly made and seconded, it was voted
not to provide a Town car for use of the Executive As-
sistant to the Board at this time.
The Chairman reported that John E. Grant had ap-
plied for a permit to move a garage. He said the
Chief of Police refused to let him move it because Permit
no permit had been granted. Mr. Grant was in a hurry
and the Chairman checked with the Chief and a majority
of the Board.
Upon motion duly made ana seconded, it was voted
to ratify the Chairman ' s action in granting a permit
to move a one-car garage from Somerset Road to Revere
Street .
The Chairman made a brief report relative to
Franklyn J. Crosby and his proposed Youth Aid Program Youth Aid
It was agreed to take no action until such time program
as Mr. Crosby is able to submit more detailed infor-
mation.
Upon motion duly made and seconded, it was voted
to solicit the co-operation of the owners of the Package
Package goods Stores in remaining closed all day Stores
Patriots ' Day, April 19.
At 11:05 A.M. , Chief John W. Rycroft, Lieutenant
James Corr and Patrolman Allen M. McSherry, Jr. , met
with the Board.
The Chairman opened the hearing on the question
of Officer McSherry' s discharge, removal, suspension,
lowering in compensation, or lesser punishment on
charge preferred against him by Chief John W. Rycroft
The Chairman read the letter to Officer McSherry,
dated April 15, 1963, and swore in each witness. The
hearing was more or less as follows :
Rycroft All Officers , you can take official notice
of this yourselves, are assigned in Lex-
ington Center between the hours of 4:30 P.M.
and 6:00 at night, to do hand duty in the
972
mc
Center. On Fridays from 4:00 P.M. until
9:00 P.M. Every Officer is aware of this.
We had talked to Officer McSherry prior.
He had been notified by three different
superior Officers of the Police Department
as to things we wanted him to do, which were
a little bit more special than anyone else.
He was notified by me, by Lieutenant Corr,
at a different time, and also notified by
Lieutenant Furdon at a different date as to
his procedure. His procedure was to work
the traffic by hand in the Center, not the
lights. I told him that we did not want
him to leave his post for any small violations
as far as traffic was concerned. There were
reasons for saying this. We had been getting
too many complaints about this same Officer,
which is very rare. Other Officers are there
and we don ' t have these complaints at all.
When you leave the traffic light flashing and
you talk to someone in a car, there is confusion.
He has been told this on three times. On the
night in question, according to slips he gave
out, he tagged one person at 4:50 P.M. and
another at 5:30 P.M. The Officer on the desk
received complaints, three complaints that
evening, and one came into the Station and
filed a complaint in waiting. At six, when
he pulled his box, he was notified by Lieutenant
Furdon that this situation existed up there. He
wanted to know why he was leaving the position.
He said these things happen and he went to '
straighten them out. It is difficult for us
to get anyone making a complaint to want to
come in before the Board of Selectmen, which is
what they should do. They are afraid of reper-
cussions, although we try to tell them there
won't be any; they hesitate to come in. This
has been going along It is unfortunate that
it is the same Officer getting into difficulties
To the public they seem large. His recourse
is to go to a car if it is in violation and get
the necessary information and that is all.
He should bring it in. My talking to him was
in vain. I told him when he waw walking up
to a car to first think that the operator of
the car and the lady was his mother and father
and with that idea in mind, I thought his trouble
would be over We sent this notice to his home
in Bedford, and when he received it last Saturday
morning, he came to see me and I talked to him
again. I told him why we were doing this. I
have exhausted myself; Lieutenant Corr and
Lieutenant Furdon have exhausted themselves.
These things are minor and there should be
no difficulty with him straightsning these
out for himself. He said he was trying to
do a good job, and I told him to use a little
common sense. He said he turned the slips
in and they don't go to court. I told him
everyone he got in trouble with, there was
a complaint. "ome of them go in, but many
do not because they are too trivial. We
want him to do the hand traffic duty as he was
told. He was also told if a fight started, or
a car accident, he should take care of it, but
not small violations . According to the story,
one of the violations was a car from Arlington
coming to Lexington. The car in front stopped
and in order to avoid an accident, he swung to
the left and stopped and got out. His car was
not altogether on the right hand side of the
white line That is one of them. He left
and went down. Many times doing traffic duty,
and I know from the many years I did it, you
can 't be watching every car that is coming
This car could have done this, and Allen did
not see why the individual swung out They
also complain that he does not give his name
but gives his number I spoke to him about
that The Lieutenant will bear me out. We
warned and talked to this fellow As a
police Officer, we want to have him, but to have him
conduct himself as a credit to the departmeht.
Chairman: On in turning tags in on minor violations, is
that procedure on all of them?
Chief: Yes.
Corr: I would not be sure of the date I talked to
Allen McSts rry, but I, too, have had him in my
office because he uses abusive manners when he
stops these people for minor violations. I
have talked to him as a result of complaints
from the Chief; or to the Chief. I have had
him in my office on many occasions and suggested
that he change his manner and only ask for the
registration and license without using the
manner he has been using. I suggested that if
he continued to use the manner he was using
when stopping these motorists, we would prefer
charges. When this letter came to us from Mr.
Meyerhoff of Belmont, I talked to him on the
?74
It
telephone. He did tell me that he did make
an abrupt stop and went out onto the center
of the road. Mr. Meyerhoff stated it was
not the fact he was stopped that bothered
him but the abusive manner in wlh Allen
I
McSherry handled him. pointed out to
Allen that from 1j :30 P.M. to 6:00 P.M. , he
would do hand traffic in the street and not
leave his post for the very reason he was
stopping these minor violations and we were
having trouple.
Chief: You will recall I came to the Board a year
and a half ago and said that to correct the
situation I had with Allen I was going to put
him on the last half nights in the Center.
At that time, we were running monthly shifts
This was so he would not be meeting the public
too much. He realized why that was being done
to him. Even then I was getting complaints .
Also that he was going into the Battle Green
Inn too much. I assigned him to Sergeant
Dooley and he has been working with him for
four or five months. We have done every-
thing we can to straighten this man out and
I believe no one can straighten him out but
himself. I have never preferred charges
before this Board more than four times in
twenty years I have been Chief.
Chairman: What is the time on the tag?
Corr: L :50 P.M. and 5:30 P.M.
Cataldo: His there been any abusive language?
Corr: No.
McSherry: I think the Chief summed it up very well and
the Lieutenant. They have given me every
opportunity to know they have had complaints.
I would like to state that I do go up there
with the intention of trying to do a good job.
I stop several people and it is always a small
percentage I feel are issuing complaints. I
never start off abusing people. I ask for
their license and registration. My mistake
is that I banter back and forth and should
not.. Some of them rouse me up. I rarer
start off with people but let them lead. I
realize I should not do this and have tried
to control myself. I never put anyone in
Court unless I sincerely feel they belong in
court . I don' t like to go to court myself and
can appreciate peoples' feelings . I have never
felt since I have been on here whettaer I know
r
2 pD
the ticket is going through or not. The Chief
thinks a lot of things are trivial. Maybe
they are, but I witness the whole incident . On
this night in question, I gave two tickets for
double parking; the first one, I was still doing
traffic . Maybe one violation of double parking
does not mean a whole lot, but when you get two
or three, it adds up to the fact people are
having a hard time moving through the center.
Maybe I let it bother me too much. I would
like to feel I am trying to do my best. The
night in question, I put on the lights at 5:30
and stood at the center as I always do where
the traffic I feel is dangerous tobe out there .
It is against the orders . I am ordered to
stand there until six and I did not. As far
as Mr. Meyerhoff, he failed to give the whole
story. I pulled him over , not because he
was on the left side of the road. He told
me he was going to pass at the intersection
of the lights. I forget what my recommendation
was I think it was suspension. I saw the
whole incident . I did pull him over and felt
he had plenty of time to stop but maybe he didn' t .
If he told me the car in front stopped, I would
have thought maybe it could have happened to
anyone, but he told me iie :was going to pass .
Maybe he asked for my name . I don't remember.
He was starting to be argumentative so I gave
him my number and walked away. There is no
point in giving anyone my name or number. I
am the only officer in the center. I try and
do my job, but realize I get into these situ-
ations but it is a small percentage of the
people who do want to be argumentative. My
complaint about double parkers is they have
people trying to get out of a parking space,
people swinging out . I feel there are many
cases up there of double parkers . It is my
job to keep the traffic moving. One person
I gave a ticket to for double parking said she
bad never heard of this before and asked me if
I was new. I am not the only one to tag any-
one . I think the main issue is not that I left
the crossing early. It is the complaints that
have been received that I have been argumentative
and abusive . I never go to anyone with the in-
tention of being abusive. I have never had the
feeling that if I turned a ticketin it was going
to court . If I am up there, I am the judge
276cw
MoSherry of the incident. I will not be right 100%
of the time, but I have never stopped any-
one unless I feel I am right . The Chief
told me not to tag on Waltham Strat past a
certain point. I tagged a car just past
the point he told me not to. There were
two cars there and one of them saw me tag
the other, so I had to tag him.
Chairman: You said you were absent from your post?
McSherry: Yes.
Burnell: Being absent from the post was what Officer
McSherry interpreted as a time when he was'
performing part of his police duty.
Chairman: Do you want to ask any questions?
McSherry: No.
Chief: How far do you see these double parkers when
you are doing traffic duty at Waltham Street?
What position would they be in?
McSherry: Within a distance that I could give them a
ticket and not disrupt the traffic. The one
at 4:50 I did not leave the crossing. The
second one the same. I realize that was in
contradiction of your orders. These two
parties were double parking ana I felt they
were disrupting the traffic I am not doing
it to harass them.
Chief: Do you have a whistle?
MoSherry Yes
Chief: Do you ever think of blowing the whistle to
attract their attention and then waye them on?
MoSherry: I did one car at Reed' s, but he paid no attention
to me. Apparently he did not see me. I found
that if you go to the people and tell them to
move along, they are argumentative. It is
easier to give them a tag and walk away.
Chief: When you are there between 4:00 and 6:00 and
see a car in front of Scribner 's Market, do
you think it is up to you to leave your post
or would it be better for you to blow your
whistle and have the car move by a hand signal?
McSherry: If they would move, there would be no problem.
I don 't know why they want to park double in
the center during rush hours.
Chief: On Waltham Street, there is no parking from
Massachusetts Avenue to a certain point down
Waltham Street . The purpose of that was so
there would be no cars at the meters and we
could bring two lines of traffic up Waltham
Street to Massachusetts Avenue. One time
in the past year and a half, you decided that
everyone who came up there had to go right.
Is that right?
2 ( 0
McSherry: I did decide it, yes .
Chief: You decided any car coming on the right hand
side but that wanted to go on the left towards
Bedford, you would not let them.
McSherry: That is right. I found a great majority of
cars were trying to swing right on Waltham
Street . If I could start the cars on Massa-
chusetts Avenue, I could keep the traffic
flowing. I did this for a reason. Some of
these cars were cutting the traffic off. Most
of them were trying to beat the light and swing
right . They were cutting cars off and I did
it for a reason. It was a situation that I
felt they were better in the left lane to go
left, and in the right lane to go right.
Chief: You stopped all your traffic and it is your
turn to let Waltham Street up. There is a
car that has come up and there is a right and
left turn. They would come on the right hand
side, their flasher going, and want to go left,
and you would not allow them. You have made
everyone go right.
McSherry: If they were in the right lane, I made them go
right, and If they were in the left lane, I
made them go left.
Chairman: I think it was made clear when you came on we
wanted our Officers to do a good job and be a
credit to the Town of Lexington in doing their
job.
Cole: You are familiar with rules and regulations of
the Police Department?
McSherry: Yes
Cole: (Read Section 9 of the Police Rules and Regulations)
McSherry: I think that refers to something other than traffic
violations.
No one wishing to be heard further, the Chairman
declared the hearing closed.
Lieutenant Corr and Officer McSherry retired at
11:43 A.M.
The Chief recommended loss of pay for five days, and
said he would not have Officer McSherry working while he is
on suspension.
Mr. Cole said that on the basis of what Officer McSherry
said there is no doubt but that he is guilty of the charge .
Upon motion duly made and seconded, it was voted that
Officer Allen M. McSherry, Jr. was guilty of the charge of
978
Violation of the Rules in that on Saturday, March 9,
1963, he was duly assigned traffic duty at the inter-
section of Waltham Street and Massachusetts Avenue, and that
during the hours in which he was asmigned such duty, he was
absent from said post of duty between the hours of 4:30 P.M.
and 6:00 P.M. on said date without authority and contrary
to the orders issued by the Chief of Police.
Upen motion duly made and seconded, it was voted
that Officer Allen M. McSherry be suspended from duty
for five days, without pay, effective at the discretion
of Chief John W. Rycroft.
Chief Rycroft retired at 11:50 P.M.
The Chairman read a letter from Mr. Donald K. Irwin,
Building Inspector, relative to the status of the barn
on North Street and the Carriage House Restaurant on
Complaint Lincoln Street and Marrett Road.
It was agreed to send a letter to Mr. John Castoldi,
owner of the barn on North Street, advising that the
Board h-s received complaints and also a report from
the Building Inspector.
The Chairman agreed to advise Mr Castoldi, thatr
bom ttilitt -htiVe beth 94cei$,d and the Bbard could like
hi* to'milke the .building as safe as possible for the
heighhbihoed Within thirty days.
The Chairman said, with reference to the Carriage
House, that he still thought the own would have to
take the case to court.
Mr. Brown submitted the name of George Rowe as a
Appoihtment possible appointment to the Board of Assessors.
Upon motion duly made and seconded, it was voted
to reappoint Mr. Stanley E. Robbins to the Board of
Fire Commissioners for a term expiring May 1, 1966.
The meeting adjourned at 12:10 P.M.
A true record, Attest :
pec iv �Cler , Selec en
6
1.
S ;LECTMEN nS MEETING
Apr_l 15,1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, April 15, 1963, at 7:30 P.M. Chairman
Adams, Messrs . Cole, Brown, Burnell and Cataldo were
present . Mr. Legro, Towp Counsel, Mr. Carroll,
Superintendent of Public orks, Mr. Gray, Executive
Assistant, and Miss Murray, 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 April 8.
The Chairman read a letter from Honorable John J.
Buckley, Chairman of the NASA for Central Merrimac
Valley, relative to appointment of persons to make
arrangements with civic groups for speakers from the
NASA for Central Merrimac Valley NASA
It was agreed that Mr. Brown and Mr. Cataldo
would serve as representatives from the Board to
arrange with civic groups for speakers from the NASA.
Invitation was received from Dr. Howard A. Smith,
Chairman of the 250th Anniversary Committee, to attend Invitation
the tree ceremony planting to be held April 21, 4:00 P.M. ,
Hastings Park.
Mr. Legro asked what the Board would like to do
about the classification of employees, and suggested
making a list of all the positions and he would then Employee
have a format to recommend to the Board. classifi-
The Chairman said it seemed to him that this cation
should be done a t a special meeting.
Mr. Legro said, in fairness to the employees,
it should be done, and that he would need a list of all
Town positions, elected, appointed and hired.
The Chairman asked if this would include School
teachers and Mr. Legro replied as a category, yes .
The Chairman requested Mr.Gray to be responsible
for getting the desired information to Mr. Legro.
Further consideration was given to request from
The Greener Trust & The Whiter Trust for abatement;,of Abatement
sewer betterment assessments levied on three lots lo-
cated on Emerson Road.
280 IND
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The Chairman suggested referring the request to
Town Counsel.
Mr. Legro said all he thought he needed was the
drawing. Mr. Carroll gave him a sketch of the lots
involved and explained the betterments.
Mr. Legro advised that the subject was wholly a
question of fact as to whether theee lots were bettered
by the installation of a sewer in Emerson Road.
Mr. Cataldo inquired as to the amounts, and Mr.
Legro explained that lot 25 was assessed $593.16; lot
36 was assessed $1263.50 and lot 37 was assessed $796.23
Mr. Carroll explained that the Trust installed the
sewer in Angier and Diamond Roads and therefore contends
that the lots were not benefited by the sewer in Emerson
Road.
Mr. Gray asked if these lots would have been served
by the Emerson Road sewer, and Mr. Carroll replied in
the affirmative.
Mr. Legro said if the Emerson Road sewer had not
been putipi by the Town, the subdivider would have had
to put it/in order to get a connection.
Mr. Carroll said that was correct and stated that
the Emerson Road sewer is a trunk sewer
The Chairman said the subdivider was at least
partially benefited by- having the trunk sewer in the
area and Mr. Carroll said he definitely was.
Mr. Cataldo moved that the entire betterments be
abated The motion was seconded by Mr. Cole
Mr. Brown said he thought the entire subdivision
was bettered and Mr. Burnell agreed.
Mr. Brown recommended abating 50% on each lot.
Upon motion duly made and seconded, it was voted
to abate 50% of the sewer betterments assessed on lots
25, 36 and 37. Mr. Cataldo was recorded in opposition.
Upon motion duly made and seconddd, it was voted
to go into executive session for the purpose of dis-
cussing, deliberating or voting on a matter which, if
Executive made public, might adversely affect the public security,
Session the financial interest of the Town, or the reputation
of any person.
Following a discussion pertaining to one particular
phase of the Public Works Department services and the
Contracts AF19 (60L.) -781 and AF19 (628)-700, change in
rates to the Air Force, it wa° voted to resume the open
meeting.
Decision re Mr. Vogel, of Wes-Julian, was held over.
Mr. Carroll advised that he has more information to give
to Mr. Legro.
31
2
II
Mr. Howard D. Adams , 69 Paul Revert iload, met with
the Board and requested that the order issued by the
Board on July 10, 1961 restraining his daughter ' s dog
be rescinded
The Chairman read the Board' s letter of July 11,
1961, to Mr . Adams for the benefit of the new members
and asked Mr. Adams why he was making this request .
Mr. Adams said he did not attend the hearing Restraining
because he was working nights, and it was Mr. John Order
Bruechi who had the dog restrained He said as far
as he knows, the dog has never been in either of Mr.
Brucchi 's corrals . He said he believed at the hearing
Mr. Bruechi claimed the dog attacked one of his horses
but he did not think anyone saw the dog do it. He said
there has been a feud ever since Mr . Bruechi moved next
to him.
The Chairman asked if the dog had been restrained
since the order, and Mr. Adams replied in the affirmative .
He said he did get loose a couple of times but he, his
wife and daughter walk him. He said the dog is a
Collie and when he has him walking and the horses go
by, the dog doesn 't bother them
Mr. Burnell suggested asking the 'Jog Officer to
submit an up-to-date report
Mr. Cataldo asked if the dog had ever bitten any-
one, and Mr. Adams replied that he had not to his know-
ledge
The Board was in agreement in requestingthe Lo
g
Officer to investigate and submit a report.
Mr. Adams retired at 8 45 P.M.
Mr. Cole reported that he received a telephone
call from a woman on Eastern Avenue about a Mr. Erickson
building on Grandview Avenue
The Chairman said the subject should be referred to Grandview
the Planning Board. Avenue
Mr. Carroll explained that Mr. Erickson came in to
see him about six months ago about extending the water
and sewer on Grandview Avenue which is a private way.
At that time, he told him there was a question about
the subdivision rules. This was referred to the Plan-
ning Board and then to Mr. Irwin.
Mr. Legro said he thought this should be referred
back to the Planning Board and asked Mr. Cole what Mr.
Erickson is doing.
Mr. Cole said he has not done anything yet but told
the people he intended to start next week.
Mr. Legro said the street has never been opened to
passage and there seems to be no question but this is
a subdivision. He said he would alert the Planning Board.
*o
MC
C-
Mr. Gray was requested to check with the Building
Inspector the first thing in the morning to find out
whether or not a building permit has been issued.
The Chairman read a letter from Mr. Walter S.
Harrington relative to the proposed layout of Winter
Street.
Mr. Carroll explained the contents of the letter
by use of a plan and stated that Mr. Harrington wants
Winter St. the betterments on Winter Street abated. He said he
betterments understood from Mr. Legro that betterments could be
assessed on Winter Street in spite of the fact the lot
was on Coach Road because Coach Road has not been con-
structed
The Clerk was instructed to advise Mr. Harrington
that the matter has been taken under advisement .
Mr. Legro retired at 9:10 P.M.
Letter was received from Albert Cohen, 382 Marrett
Road, requesting information relative to construction
' Sidewalk of a sidewalk in front of his property.
The Chairman said the Superintendent of Public
Works has this and he did not think the Board needed
to take any action.
The Chairman read a lette r from William P. Brenchick,
Jr. , 48Lincoln Street, relative to a water problem on
Drainage his property.
It was agreed that Mr. Carroll would contact Mr.
Brenchick and try to work out a satisfactory solution.
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Regulations (No Parking)
as follows:
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN, APRIL 15, 1963
ARTICLE V, SECTION 2 (No Parking)
By adding to this Section the following:
North Hancock Street. On the southerly side from
Bedford Street for a distance of
250 feet.
Ledgelawn Avenue . On the northerly side from Bedford
Street for a distance of 50 feet .
283
1
Adopted April 15, 1963
A true copy, Attest:
Zs/ Hazel J. Murray
Executive Clerk, Selectmen
April 16, 1963
Then personally appeared the above named Hazel J. Murray,
Executive Clerk to the Board of Seledmen, and acknowledged
the foregoing to be her free act and deed, before me,
/s/J J Carroll
Notary Public
Decision in regard to raising and lowering the flag
on the Common was held over.
The Chairman reported that he discussed the possi-
bility of a Police Officer taking care of the flag with
the Chief and received a negative answer. He also
talked to the Fire Department and received a definite
negative answer. Raising flag
Mr. Cataldo asked what reasons were given and the
Chairman replied that he had not made it a formal re-
quest.
Mr. Brown felt that the Board should ask the Police
Department before going to the Fire Department .
The Chairman reported that the Chief said at five
in the evening and later there are many traffic problems.
Mr. Carroll said his department could take care of
the flag five days a week; it is just weekends that are
involved.
Mr. Burnell said he thought this should be done
in one department, and aaked why the Board didn' t
refer it to the Police Department .
Mr. Cole said Mr. Gray could discuss this with
the Fire Department .
Mr. Cataldo said he wanted to hear the Fire Com-
missioners' reasons, and he would like to have them
meet with the Board.
Mr. Cole said he thought the proper procedure,
would be to have Mr. Gray follow this through
The Chairman said if Mr. Gray is turned down
then it is a different story, and Mr. Burnell said
he should not be turned down, that this is a request
from the Board.
4)84
MC
Mr. Brown asked if there wau sufficient personnel
in the Fire Department at that hour in the morning to
put the flag up.
Mr. Cataldo said they could get up and explained
that there is a change of watch
Mr. Burnell said the police are in cars moving
around all the time, and certainly there is a police
car that will be circulating around the downtown
section early in the morning and this would be no
problem for them to put the flag up in the morning.
He said the problem is to take it down at night.
Mr. Carroll explained that the flag has to be
taken down at sunset, and it would be difficult for
the police at certain hours.
Mr. Burnell said he thought Mr Gray should work
something out.
Mr. Cataldo asked why Mr. Harold Roederts son
was outfitted in fire fighting equipment and why he
would be waiting for a ride.
Mr. Gray was requested to check this.
The Chairman said a question was raised about the
pieces of equipment sent to the fire in Cambridge, and
Mr. Gray was requested to ask if this was the Fire
Commissioners ' decision.
Mr. Carroll reported that he had taken bids on two
pieces of equipment for the Park Department. He read
Bids bid prices received for a York rake and a roller.
Upon motion duly made and seconded, it was voted
to accept the bid of $820.71 received fromthe Dyer
Sales and Machinery for a rake.
Mr. Carroll said he would be prepared to make a
recommendation on the roller next week.
Mr. Carroll said he would like to have the letters
on the Revolutionary Monument on the Common painted by
the Town painter so that it can be read April 19. He
reported that he has an item of $500 in his budget but
thought the Town painter could take care of it.
Revolutionary The Board authorized Mr. Carroll to have the let-
monument ters painted as he suggesteu.
Mr. Gray reported on meetings he and Mr. Carroll
had relative to installation of sewer on Worthen Road
and read his report on the subject.
Upon motion duly made and seconded, it was voted
to approve the recommendations agreed upon by Mr.
Carroll and Mr. Gray.
Mr. Carroll retired at 9:50 P.M.
285
Upon motion duly made and seconded, it was voted
to grant the following Sunday Sales licenses:
Licenses
Baker Avenue Variety Five Forks Spa
Harvey J. Comrie Hancock Market
Concord Hill Market Wardrobe' s Pharmacy
Woodhaven Country Stores
Upon motion duly made and seconded, it wqs voted
to deny an application for a Taxi Driver' s license License
filed by Richard F. Wass, 15 Holland Street, Lexington
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver, Intelligence Office,
and Guide Licenses :
William Anderson Taxi Driver
G. Robert Lea " n
Professional Placement Associates Intelligence Office
T. Hunter Wilson Guide
Letter to the Editor from Alden W. Jefts, 47 Wachusett
Drive, was explained by the Chairman, who stated that Mr
Jefts wants the Board to take a stand on strike benefits.
No action was taken .
Complaint from Mrs . Heinrich, 136 Pleasant Street,
about dumping on land adjoining her property and owned Complaint
by a Mr. DeVincent was referred to Mr. Gray to take up
with the Board of Health.
Upon motion duly made and seconded, it was voted
to authorize payment of $100 submitted by the Charles M Bill
Evans & Associates for services rendered March 13, 18
and April 2.
Mr. Cataldo said that the time the Board dis-
cussed Eugene Moloy' s salary, he was told there would
be no charge from Mr. Evans.
The Chairman explained the bill just presented was
for attending Town Meeting at the request of the Board
and for going over the schedule with the Executive As-
sistant.
Mr. Gray reported that he expected Mr. Evans in
the morning and Mr. Burnell asked if there would be a
charge.
Mr. Gray replied that he did nct know as he dia
not know what arrangements the Board had made with
Mr. Evans.
Mr. Cataldo said he did not think any more pay-
ments should be made.
Mt
Mr. Burnell said there should be an understanding
now that no more payments will be made. He said if
additional information is necessary, the Board should
have an opportunity to decide whether it should take
advantage of it and pay for it
Letter from the Board of Health relative to a lo-
cation for a Hearing Test-Mobile was held over.
Hearing The Chairman reported that Chief Rycroft had arranged
Test-Mobile with Mr. Finneran to have the unit parked at the rear of
the Town Offices when not in use
Mr. Burnell suggested that items such as this be
handled by Mr. Gray and that he be given authority to
make a decision.
Mr. Burnell said if the Board has not already voted,
it should vote to establish Friday noon as a deadline
for placing items on the Monday night agenda unless a
Town official has something which requires immediate
Executive action.
Assistant The Chairman said Mr. Gray had been given a list
of duties in general of what the Board wants, and he
thought now the Board should get into some other details
and have an understanding of what the Board expects of
him and what his rights are. He said, as he understood
it, the Board would have to be more specific on the super-
vision and coordination. He said the main object of the
position is to keep the Board informed and also to keep
most of the details off the agenda
Mr. Burnell said Mr. Gray should not have to get
into the details of running the department . He should
work with the manager of the department and have a
thorough knowledge of what is going on, finding it out
from a managerial viewpoint .
Mr. Cataldo said daily contact would take his whole
day, and the Board should not confine this to a time.
He said if someone has a problem, that is all right, but
daily contact would be too much He said the Town has
a Superintendent of each department and his work should
not be duplicated.
Mr. Gray said it would be a waste of time to go to
every department every day, and he is not in a position
to tell these people what to do.
Mr . Cataldo said there is a Superintendent of Public
Works, an Assistant and an Inspector, three highly paid
men, and this is not what the Executive Assistant was
hired for.
Mr. Burnell said he would not want to restrict Mr.
Gray' s actions, and if he wants to go from his desk to 1
the Public Works Department to look around for a decision,
he thought he should be free to do it.
Mr. Cataldo said the specific jobs are Mr . Carroll ' s
responsibility and the Board can ask him questions . He
said an Executive Assistant should not keep track of
these outside jobs, as that is not his department.
The Chairman said he thought Mr. Gray understood
what the Board wanted, and would leave it up to his
judgment to give the Board what it wants. He said he
thought both Mr. Gray and the Board understood tilt the
Board does not want any duplication of the work.
Mr. Cataldo said 75% of Mr. Gray' s time should be
spent in the Town Office Building.
General Terhune' s letter relative to a forum and
proposed charter of the Hanscom Field-Lexington Com-
munity Council was held over.
It was agreed that the Chairman of the Board,
one member of the Board and the Chairman of the Town
Celebrations Committee should represent the Town on
the Council.
The Chairman read a letter from Stephen Ells,
' 110 Shade Street, relative to a conservation commission, Conservation
and the Chairman said that Mr. Gray would have a report Commission
for the next meeting.
The Chairman read a report from Mr. Irwin, Build-
ing Inspector, relative tothe property at 311 Woburn
Street, owned by Irving Currier
The subject was referred to Mr. Gray
Upon motion duly made and seconded, it was voted
to grant permission to the parish of St. Brigid' s Church Paper Drive
and the Sacred Heart to conduct a paper drive on Sunday,
April 21
Upon motion duly made and seconded, it was voted
to deny Mrs. Alver Anderson permission to sell sandwiches Permit
from her car at the corner of Massachusetts Avenue and denied
Marrett Road on April 19.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Fire Fighters Use of hall
Association to conduct a Record Hop in Cary Hall on
Friday, May 10, subject to the usual conditions .
X88
SugLested proclamation of the President and a IIProclamation Joint Resolution of Congress designating May 1 as
Law Day USA was approved for publication.
Discussion was held relative to the appointment
of an Assessor, at which time Mr. Burnell submitted
the name of Oscar W. Carlson. The Board was of the
opinion that it would be in the best interest of the
Town to appoint someone not conducting a business in
Lexington.
Discussion was also held relative to the appoint-
Assessor ment of Mr. John F. McCurdy and Mr. Charles Babcock.
Upon motion duly made and seconded, it was voted
to appoint Mr. John F. McCurdy, 16 Sutherland Road, to
the Board of Assessors for an unexpired term ending
January 1, 1964. Mr. Cole was recorded in opposition.
Upon motion duly made and seconded, it was voted
to reappoint the following individuals to serve on
the Memorial Day and Veterans ' Day Committee
Jerome F. Garrity, V.F.W.
Lawrence E. Stone, American Legion
George E. Foster, Sons of Union Veterans
Charles E. Parks, Lexington Minute Men
William P. Brenchick, Jr. , Lexington Marine Corps
Upon motion duly made and seconded, it was voted II
to sign an order for the construction of a sewer in
Sewer East Street from Frost Circle a distance of 488 feet
westerly to existing sewer. (Selectmen 's Files, 1963,
Sewer Orders. )
Upon motion duly made and seconded, it was voted
to sign an order for the construction of a sewer in
Sewer Hartwell Avenue from the Boston & Maine Railroad, 1510
feet, more or less, northeasterly (Selectmen' s Files,
1963, Sewer Orders. )
Upon motion duly made and seconded, it was voted
to sign an order for the installation of a water main
Water in Hartwell Avenue from Boston & Maine Railroad, 1510
feet, more or less, northeasterly. (Selectmen' s Files
1963, Water Orders. )
Upon motion duly made and seconded, it was voted
to sign Orders of Layout on the following streets
28
accepted at the Annual Town Meeting, March 18, 1963:
Alcott Road Lillian Road
Baskin Road Oxbolc Road
Bowser Road Roosevelt Road
Brown Road Saddle Club Road
Burroughs Road Ross Road
Constitution Road Todd Road
Cooke Road Ames Avenue
Douglas Road Drew Avenue
Fulton Road Eastern Avenue
Freemont Street Freemont Street
Jeffrey Terrace Manning Street
Winter Street
The meeting adjourned at 11:25 P.M.
A true record, Attest:
Exec tive/Clerlk, Select
1yn � 4
`'90
ic
SELECTMEN'S MEETING '
April 22, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, April 22, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Cole, Brown, Burnell and Cataldo were
present . Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present. Mr. Legro, Town
Coulsel, arrived at 9:30 P.M.
The Chairman read a letter from Mr. Legro with re-
ference to contract dated December 7, 1961 for a 214."
water main, disputed by Mr. Vogel of Wes-Julian Con-
Wes-Julian struction Corporation.
water con- Upon motion duly made and seconded, it was voted
tract that, the work having been completed on October 31,
1963, the withdrawal of the final estimate dated
December 3, 1962, even though it was done at the
request of the contractor, was an error and it should
be reinstated. 11It was further voted to adopt as correct Whitman
& Howard' s estimate with respect to bituminous concrete
resurfacing, to so notify the contractor and give him
an opportunity to discuss the matter further, if re-
quested
Upon motion duly made and seconded, it was voted
to adopt an order of land takings, for installation
of sewer main or mains from Pleasant Street near its
Woodhaven intersection with Route 2, to the vicinity of the Wood-
sewer takings haven area and also to the westerly side of the Follen
Hill, in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 22nd day of April, 1963, it is
ORDERED: Whereas at a Town Meeting duly called, warned and
held on March 5, 1962, namely at an adjourned session thereof duly
held on March 19, 1962, in accordance with the provisions of law
applicable thereto, it was unanimously
291
"VOTED: That the Selectmen be and they hereby are authorized
to install a sewer main or mains in such locations as the Selectmen
may determine from Pleasant Street, near its intersection with
Route 2, to the vicinity of the Woodhaven area and also to the
westerly side of the Follen Hill and adjacent areas , subject to the
assessment of betterments or otherwise, in accordance with Chapter
504 of the Acts of 1897, and all acts in amendment thereof and in
addition thereto, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest
in land necessary ther for; and to appropriate for such installation
and land acquisition the sum of $584,000.00 and to provide for pay-
ment thereof by the transferof $33,816.37 from the unexpended
balance of the appropriation for the installation of sewer mains voted
under Article 14 of the warrant for the 1959 Annual Town Meeting, by
raising $50,183.63 in the current tax levy and the balance of $500,000.00
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 $500,000.00 and to issue bonds or
notes of the Town therefor, to be payable in accordance with the pro-
visions of Chapter 44 of the General Laws, as amended, within a period
not exceeding twenty years. "
WHEREAS the Selectmen have determined that it is necessary to
install a sewer main 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 quali-
fied 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 perkiltqwele
rights and easements to lay, construct, inspect, repair, remove,1 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 three certain strips of land in
the vicinity of Valleyfield Street, a private way, in said Lexington, said
strips being bounded and described as follows:
Strip No. One: Beginning at the southerly terminus of the north-
westerly side line of Valleyfield Street, a private
way, thence running South 19°49' 10" West through
Land Court lot B, distant 960.70 feet, more or less,
to a point; thence turning and running South 85°57'54"
West through Land Court lot B, an unnumbered parcel, and
Land Court lot 284, distant 1177 .68 feet, to a point
in the common boundary of said Land Court lot 284 and
land of spring St. Trust, as shown on plan hereinafter
' mentioned; thence turning and running South 21°35110"
292
m
East along said common boundary line, distant II
41.95 feet to a point; thence turning and
running North 85°57'54" East through said Land
Court lot 284, said unnumbered parcel, and said
Land Court lot B, distant 1202.02 feet to a
point in said Land Court lot B; thence turning and
running North 19° 9'10" East through Land Court
lot B, distant 97 'feet, more or less, to the
southerly terminum, of the southeasterly side
line of said Valleyfield Street; thence turning
and running North 63°55'30" West, distant 50.30
feet to the po nt of beginning; all as shown and
marked "50 ' Sewer Easement" and "40' Sewer Ease-
ment" on plan entitled "Plan of Sewer Easement
Lexington, Mass .", dated March 21, 1963, by
John J. Carroll, Town Engineer, to be regis-
tered herewith and a copy of which is annexed
hereto and made a part hereof
Strip No. Two Beginning at a point in the northwesterly
side line of the above described 50' Sewer Ease-
ment which point is South 19°49'101 West of the
southerly terminus of the northwesterly side line
of said Valleyfield Street; thence running North
70°10 '50" West through Land Court lot B, distant
279 feet, more or less, to a point in the common
boundary of Land Court lot B and land of Town of
Lexington,on said plan; thence turning and run-
ning South 29°08'20" West along said 8ommon
boundary, distant 41 feet, more or less, to a
point; thence turning and running South 70°10'50"
East through Land Court lot B, distant 285 feet,
more or less, to a point in said northwesterly
side line of the above described 50' Sewer
Easement ; thence turning and running North
19°49'10" East along said northwesterly boundary
line, distant 40.00 feet to the point of beginning;
all as shown and marked "40' Sewer Easement on
the aforesaid plan.
Strip No. Three: Beginning at the southerly terminus of the
northwesterly side line of Cutler Farm Road, a
private way, thence running South 17°51'40" West
through Land Court lot 284, distant 40.00 feet,
to a point; thence turning and running South
72°08' 20" Eastsito a point in the common boundary
of Land Court lot 284 and land of Town of Lexing-
ton, on said plan; thence turning andrunning
North 18°25'40" East along said common boundary
through Land Court lot 284, distant 183.75 feet
n
293
line, distant 40.00 feet to a point in the south-
westerly side line of Lot 264 on said plan; thence
turning and running North 72°08'20" West along
said southwesterly side line of Lot 264 and the southerl;
terminus of said Cutler Farm Road, distant 183.35
feet to the point of beginning; all as shown and
marked "40' Sewer Easement" on the aforesaid plan.
We do hereby also so take temporary construction easements, for
use in constructing the sewer to be installed in the permanent ease-
ments hereinabove described, in the following strips of land situated
in said Lexington
1. A strip of land having a uniform width of 10 feet, measured
at right angles -)etween side lines, and extending from the northwesterly
side line of the above described 50' Sewer Easement through Land Court
lot B, and an unnumbered parcel, and Land Court lot 284 to land of
Spring St. Trust, said strip abutting upon and extending the full length
of the northerly boundary of the 40' Sewer Easement described above as
part of Strip No. One, all as shown and marked "10' Temporary Sewer
Construction Easement" on said plan; and
2. A strip of land having a uniform width of 10 feet, measured
at right angles between side lines, and extending from the southeasterly
side line of the above described 50' Sewer Easement through Land Court
lot B, and an unnumbered parcel, and Land Court 10t 284 to land of Spring
St. Trust, said strip abutting upon and extending the full length of the
southerly boundary of the 40' Sewer Easement described above as part of
Strip No. One, all as shown and marked "10' Temporary Sewer Construction
Easement" on said plan; and
3. A strip of land having a uniform width of 10' feet, measured
at right angles between side lines, and extending from the northwesterly
side line of the above described 50' Sewer Easement and extending through
Land Court lot B, said strip abutting upon and extending the full length of
the northeasterly boundary of the 40' Sewer Easement above described as
Strip No Two, all as shown and marked "101 Temporary Sewer Construction
Easement" on said plan; and
4. A strip of land having a uniform width of 10 feet, measured at
right angles between side lines, and extending from the northwesterly
side line of the above described 50' Sewer Easement through Land Court
lot B, said strip abutting upon and extending the full length of the
southwesterly boundary of the 40T Sewer Easement above described as
Strip No. Two, all as shown and marked "10' Temporary Sewer Condruction
Easement" on said plan; and
5. A strip of land having a uniform width of 20 feet, measured
at right angles between side lines, and extending from the common
294
ie
boundary of land ofTown of Lexington an gtanaouglr ac 801to
II
the northwesterly side line of Cutler Farm Road as extended, said
strip abutting upon and extending the full length of the south-
westerly boundary of the 40' Sewer Easement above described as
Strip No. Three, all as shown and marked "20' Temp. Sewer Con-
struction Easement" on said plan;
and reference to said plan is made and said plan is incorporated
herein for a complete and detailed description of said strips of
land.
The temporary construction easements herein taken include
the right to enter upon the land taken, to deposit earth and
material thereon, and in general to make all use necessary or
desirable in connection with the aforesaid sewer construction.
The construction easements shall terminate thirty days after the
completion of the sewer construction, and, in any event, not
later than July 1, 1965.
Said rights and easements in the land included within the
above descriptions are taken without interference with or prejudice
to the rights of the respective owners of the land, except so far
as is reasonably necessary in the exercise of the rights and
easements hereby taken, and there are reserved to the respective
owners and their heirs, successors and assigns all their
respective rights in and to the use of their lands for all lawful
purposes not inconsistent with the use thereof for all of the
purposes hereinabove mentioned.
On each occasion that the Town enters upon the land in which
the aforesaid rights and easements are taken and performs any
work thereon, it shall be the obligation of the Town to remove all
surplus material and to leave the premises in reasonably as good
condition as when the Bntry 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 tothe 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 :
Registered Land
Lots as Indicated Cdrtificate
Owner on Aforesaid Plan of Title
Nathan Ribock
John C. Morgenstern and
James J. Bagnell, Jr ,
Trustees of Valleyfield
Ralty Trust Lot B 102259
Book 641,
Page 109
295
uT
Edward W. Hinds, Trustee 106 284 75727
of Hinds Realtor Trust Book 506,
Page 153
Unregistered Land
Lots as Indicated
Owner on Aforesaid Plan
Benjamin Del Gaudio and
Theresa Del Gaudio,
Husband and wife Unnumbered
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 twenty-second
day of April, 1963.
/s/ Lincoln P. Cole, Jr.
Otis S. Brown, Jr.
Robert Cataldo
Levi G. Burnell
Majority of the Board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . April 22, 1963
Then personally appeared Otis S. Brown, Jr. , Levi G. Burnell,
Robert Cataldo, and Lincoln P. Cole, Jr. , known to me to be a
majority of the duly elected, qualified and acting Selectmen of the
Town of Lexington, and acknowledged t1E foregoing instrument to be
their free act and deed, before me,
/s/ Donald E. Legro
Notary Public
r
096ale
The Chairman read a letter from the Planning Board
approving a proposed exchange of a portion of the Valley-
Exchange of field Realty Trust land between the Farmhurst subdivision
land for and the proposed lateral of the Woodhaven trunk sewer for an
Woodhaven equal area of land which is now part of lot 65 of the
sewer Farmhurst, Section 4 subdivision
The Board was receptive to the proposal and the Chair-
man stated that the subject should be referred to Town
Counsel.
Mr. Carroll advised that the Town should acquire the
land before the sewer is installed.
Mr. Burnell suggested that the Board go along on
an option.
The Chairman read a letter fromthe Board of Appeals
advising that a petition has been filed by the Grey Nuns
for permission to remodel the Engstrom property and make
a considerable addition for a rest home retreat One of
the Board's members recalled that the Town was desirous
of acquiring some property from the Grey Nuns to straighten
out Pelham Road.
Mr. Carroll presented a plan entitled "Proposed Relo-
cation of Part of Massachusetts Avenue and Pelham Road,
dated December 1957", and explained the proposal that was
most receptive about two years ago.
The Chairman asked if the subject should be referred
Acquisition to the Planning Board, and said this may be something
of land to that could come up at the next Town Meeting.
straighten It was agreed to ask the Planning Board for its
Pelham Road comments pertaining to straightening Pelham Road and
also its recommendations relative to extending Pelham
Road to Bennington Road.
Mr. Carroll presented a plan on which he indicated
the proposed Iodation of the sewer in Peacock Farm Road
for which he stated that funds are available. He ex-
plained tiat when the estimate was made last fall, he
did not have a profile and thought the sewer would have
to go down into an easement . However, it has nowrbeen
determined that this will not be necessary, but there is
another problem.
He presented the profile and indicated three houses
on Compton Circle, numbers 40, 42 and hand reported that
it would be necessary to go toa depth of twenty feet to
service these three properties which would be very ex-
pensive. He said the Town should either put the sewer
in Peacock Farm Road shallow and not sewer these three
(, houses or p t the sewer inPeacock Farm Road and also
put it in now to Compton Circle while the equipment is
there He stated that these houses on Compton Circle
29 '
would have to be sewered some day and recommended doing
it now, funds being available.
Mr. Cataldo was in favor of Mr. Carroll' s recom-
mendation and felt Compton Circle should be included
while the equipment is in the area.
The Chairman asked if Mr. Carroll would be able to
obtain easements without charge, and he said he doubted
if he could.
Mr. Cataldo stated that, rather than go to a
twenty-foot depth, it would be wise to do the entire
project at one time.
Mr. Cole asked how much it would cost to include
seven houses, and Mr . Car oll estimated S10,000.
Mr. Carroll said he would try to obtain grants of
easements but he could not guarantee that he would be
able to get them.
The Chairman read a letter from Brewer & Lord with
reference to a new approach to Workmen ' s Compensation
Insurance for large premium accounts with a favorable Workmen ' s
loss experience. The plan proposed pays a dividend, Compensation
based on the loss experience which includes medical
expense and the actual compensation payments.
Mr. Hill, of Brewer he Lord, advised ib his letter
that the Town has nothing to lose under the plan and
the company recommended re-writing the policy
Upon motion duly made and seconded, it was voted
to authorize Brewer & Lord to proceed as recommended,
and re-write the policy back to January 1, 1963.
Mr. Carroll recommended that some action be taken
relative to Route 3.
Mr. Brown reported that he had a conversation with
Ran Fenn, who sugged,ed, in so far as Washington is Route 3
concerned, that the Board wait . Because of the work
he did on Route 2, he felt it was too soon to bring up
Route 3.
Mr. Cataldo recommended that a conference be ar-
ranged with officials in Boston .
The Chairman suggested including the Planning Board.
It was agreed that Mr. Gray and Mr . Carroll would
arrange a meeting for some time next week.
The Chairman reported that four of the State flags
were stolen April 19, and Mr. Mazerall has advised that
he received an estimated cost of $55 each to replace State flags
them. He said he would like the Board to offer a re-
ward for any information pertaining tothe disappearance
of the flags .
298 _
w
Upon motion duly made and seconded, it was voted
to offer a reward of $50, Mr. Carroll to report from
what account the reward could be paid.
Mr. Gray reported that he obtained an estimate of
$15 for a stand and pole for flag to be placed in the
Flag Selectmen' s Room. The Board approved the expenditure
and the Chairman stated that Mr. Mazerall has funds
available for flags.
The Chairman said there should be an article in
Article the warrant for the fall Town Meeting to accept the
Town flag presented by the Marine Corps.
Mr. Carroll retired at 8:20 P.M.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meetings held
on April 13 and 15, as amended.
The Chairman read a letter from the Planning Board
recommending the acquisition, for playground and re-
creational purposes, land of Harry J. and Eva T. Palladino
designated as parcel 8L on the Assessors' map 30.
Mr. Palladino had written to the Board of Selectmen
on March 23, 1963 advising that he was inter ted in
selling this parcel located in the rear of Spencer Street,
Palladino bordering the Great Meadows
land in rear The Chairman also read a letter from Mr. Sanborn
of Spencer Brown to Mr. Palladino stating that he would prefer the
Street Town to own this land but this could take time. In the
meantime, he would like to move ahead in the matter and
offered Mr. Palladino $4,000.
Mr. Cataldo explained to the Board that there is
no access to this parcel of land and, therefore, it is
not worth very much.
Mr. Brown stated that if Sanborn Brown purchased
the parcel and then sold his property, including this
parcel, there would be an access.
Mr. Burnell said the Town would not gain much in
purchasing the land.
The Chairman said the Board could vote to take it
up at the Annual Town Meeting.
Mr. Brown said the Town would have to obtain an
option or Sanborn Brown would purchase the parcel.
Mr. Burnell asked why the Board could not obtain
an option and take it up at the fall Town Meeting.
Upon motion duly made and seconded, it was voted
to make an attempt to acquire an option.
`A99
r
' Mr. Gray was requested tocontact the owner and
try tb obtain an option
Mr . Burnell said he did not think the Board had a
good argument for acquiring this parcel. He said
if there is a real good reason for buying it, he woubl
go along with it. He asked if the Board thought the
Town Meeting members would appropriate $3,000 to pur-
chase it .
Mr. Brown said he thought the idea was looking
ahead to the time when the Town has a Conservation
Commission.
Mr. Burnell said he would go along with the motion
and in the meantime, the Board would have an option
which he tiought should go beyond November.
At 8:30 P.M. , the following group met with the
Board: Herbert T. Carlson, Fred Corazzini, Ralph D.
Cataldo, John Chiesa, Robert E. Doran, Thomas Napoli,
William E. Porter, James W. Wilson and James G. Cullen,
attorney representing Shaw, Glynn & Wittenberg.
Mr. Napoli acted as spokesman for the group, and
said this group of farmers asked for the meeting to
present its side of the tax problem. He stated that
informal meetings had been held in the fall of 1962
relative to taxes and assessments . A committee of
threeresented their cases to the Board p h oar of Assessors
and they are now approaching the time limit and have
received no decision or answer. He said they asked for
a fair and equitable assessment of their properties
and they feel the Board of Assessors should have reached
a decision in a five-month period of time. He explained
that legal counsel has advised that the deadline would
expire May 1 insome instances and the group will find
it necessary to take legal action
Mr. Napoli submitted a copy of Chapter 386, An Act
defining Agriculture and Farming, which the Chairman Farm group
read. re assess-
He also submitted requests for assessments asked ments
of the Board of Assessors, which the Chairman read and
upon which comments were made as follows :
Not over $.50 per square foot for greenhouses, Mr.
Carlson said they range from 50ri to $1.50 per square
foot and vary on the same street.
Not over $.15 per squm foot for plastic green-
houses . Mr. Cataldo said he was assessed 35i a square
foot
Not over $500 per acre on farm land. Mr.Chiesa
said the frontage is assessed at $50 per running foot,
back land 4)1,000 an acre
Not over $1.00 per square foot per floor for barns.
300
it
The Chairman said the Board would be glad to talk
to the group but explained that it has no authority over
the Board of Assessors, but the Board has rights as
citizens to recommend and to ask why they had not met
with them. He asked if the group made any attempt, as
a group, to see the Assessors .
Mr. Napoli replied that they spent two hours with
the Assessors and they seemed to think these demands
were fair. He said this was on November 27
The Chairman asked if the group had heard from the
Board of Assessors since that time, and Mr. Napoli replied
in the negative.
Mr. Burnell stated that Mr. Cronin told him two
months ago the Assessors were working on farm land and
golf courses .
Mr. Napoli said the time is running out and the
group has not heard from the Assessors .
Mr. Cole informed the group that a few months ago
the Selectmen did meet with the Assessors and told them
the Selectmen hoped they would not carry these farm
assessments as R-l.
The Chairman stated that Chapter 386 which the
group submitted was not quite applicable to these
land assessments.
Mr. Napoli said that it wasn 't, but the group
wanted the Board to know there are laws . He said
he would like the Assessors to tell them whether they
are going to help this group or not
Mr. Cole asked if this was something Mr. Gray
could follow through.
Mr. Chiesa explained that many of the group are
reaching the point where they will have no time to
take action.
The Chairman asked if all present had filed an
appeal, and Mr. Carlson replied in the affirmative.
The Chairman said, if he was correct, if the
group did not hear, they would appeal to the Appellate
Tax Board.
Mr. Cullen said either that Board or the County
Commissioners.
The Chairman said the Board of Selectmen would
promptly contact the Assessors.
Mr. Gray said as he understood it, the group
wanted the Board of Assessors to advise the individuals
that they either granted the request or did not grant
it.
Mr. Cullen explained that everyone has filed an
abatement, and after 90 days , it is deemed denied if
no action is taken by the Board of Assessors. The
petitioner then has 90 days for appeal. He said the
301
Assessors can do nothing and these people lose their
rights. He explained, to protect their own rights,
they have 90 days of the expiration of the denial of
their appeal, and the second 90 days is running out.
He said some of the group have received letters of
denial. He stated that each one has to be considered
individually
Mr. Gray asked what the Board of Assessors could
do if the time limit has expired, and Mr. Cullen replied
that between now and pending appeal, they could re-assess
The Chairman said that Mr . Gray would look into
this tomorrow.
Mr. Chiesa said he could give the Board some notes
taken when they had the hearing on November 27 The
Assessors were in sympathy and said at that time they
would do something if it was legally possible The
Assessors said they could not take the group as a whole
and eachcase would have to be treated individually.
At that time, the Assessors said in some instances the
homes were on lots and some of that was being assessed
as farm land. He said the Assessors are very much in-
terested in frontage . They also said something about
the possibility of talking to the Planning Board, some-
thing to the effect that maybe they could call this all
farm land.
The Chairman asked if everyone in the group was
actually operating farms and Mr Chiesa replied in the
affirmative .
The Chairman explained that some of the delay may
have been caused because of the change in the personnel
of the Board, and explained that the Selectmen do not
have any legal control over the Board of Assessors
The group, with the exception of Mr. Cullen, re-
tired at 9:00 P.M.
Mr. Burnell asked if it was agreeable to Mr. Cullen
if the board worked with Mr. Napoli and he replied to
the affirmative. He said he was going to advise the
group on the appeal.
Mr. Cullen retired.
The Chairman read a letter from Ronald F. Lee,
Regional Director of the National Park Service, ad-
vising that a representative would like to visit the Landmarks
landmark certificates presented to Buckman Tavern
and the Green on April 19, 1961.
The Chairman read a letter from the Chamber of
Comm rce submitting the names of Leslie H. York and
George Kolovson to represent the Chamber on the com-
mittee authorized by Town Meeting to study and make
9)02
recommendations as to the needs of the Town relative
to providing public facilities in or near the Battle
Green District.
(Appointments The Chairman suggested that the Committee con-
sist of two representt ives from the Chamber of Com-
merce, two from the Historical Society and two from
the Historic Districts Commission.
Mr. Burnell said he was very much interested.
Motion was made to appoint Leslie H. York, from
the Chamber of Commerce, Mr. Burnell from the board
of Selectmen, Mr. Worthen from the Historical Society
and Mrs. Morey from the Historical Society
Mr. Cole sugLested that appointments be deferred
until the meeting Wednesday night , at which time, the
entire committee could be appointed
Upon motion duly made and seconded, it was voted
to write letters to the Town Celebrations Committee, the
250th Anniversary and the Minute Man Freedom Committee
Commendation commending them for the excellent programs planned and
executed in the obearvance of Patriots' Day and the
250th Anniversary of the Incorporation of the Town.
Upon motion duly made and seconded, it was voted
to sign Certificate of Incorporation on behalf of Jack 11Cert. of Inc . Kerrebrock, 68 Freemont Street, and Sanborn Brown, 37
Maple Street, satisfactory character references having
been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to sign Certificate of Incorporation on behalf of the
Cert . of Inc . following individuals, satisfactory character refer-
ences having been received from the Chief of Police:
David F. Packard Robert J Appleton
79 Ward Street 4 Donald Street
William H. Ryan Joseph P. Spinelli
108 Simonds "oad 39 Fairbanks Road
W. Allen Stuart John A. Fiorentino
6 Philips "oad 1 Loring Road
Robert E. Thompson Gilbert G. Barclay
14 Normandy Road 34 Sherburne Road
Upon motion duly made and seconded, it was voted
Permit to grant a Yearly Dump Permit to Frederick Stalcup,
1145 Broadway, Somerville.
303
Upon motion duly made and seconded, it was voted
to grant a Common Victualler License to Angelo Porcaro,
Lexington Motor Inn Restaurant, the license to be held License
pending receipt of satisfactory character reference
from the Chief of Police.
Upon motion duly made and seconded, it was voted
to renew Maribeth Leonardoes license to be a Guide License
within the Town
Upon motion duly made and seconded, it was voted
to appoint Mr. David F. Toomey, 9 Spencer Street, to Appointment
the Board of Public Welfare for a term expiring March 31,
1964, to fill the vacancy caused by Mr. Loibard' s resig-
nation.
Mr. Burnell said he thought the Board of Public
Welfare should be given an opportunity to make a sug-
gestion relative to the appointment .
Appointments to the Town Celebrations Committee
were held over until the meeting of the Board on Appointments
Wednesday, April 24.
Letter was received from Mr. Carroll, Town Treasurer,
reporting on bids he received for borrowing $3,200,000,
School Project Loan, Act of 1948 Bonds , payable $160,000
on April 1 in each of the years 1964 to 1983, inclusive. Borrowing
Upon motion duly made and seconded, it was voted
to accept the bid of 3.00% at 100.9499 submitted by
the First Boston Corp.
Mr. Gray referred to a letter the Board received
on April 8 from Mr. Irwin, Building Inspector, with
reference to the Carriage House on Lincoln Street. Carriage
He reported that he received a follow up letter and ex- House
plained that no action has been taken by the owner and
Mr. Irwin will follow procedure according to law.
Mr. Gray referred to a letter received March 29,
1963, from Dr. Howard Smith submitting an offer of
$700.00 for lots 59 and 60 Ivan Street. He reported
that the Planning Board has no objection to the dis- Tax title
posal of these two lots but recommends that if sold,
they be combined into one lot. He also reported
that sewer, water and street betterments total $666.03
on each lot. He said Ivan Street is paved, with sewer
and water, and in his opinion, $1400 is not enough
Mr. Burnell suggested that Mr. Harry Berglund be
requested to appraise the lots .
X04
w.
Mr. Gray said he had another letter from the Plan-
ning Board regarding two other tax title lots. He read
the Planning Boardts letter in regard to the sale of
lot 60, situated on Winter Street, for which a token
offer of $10 was received from Everett L. Cram, Jr. ,
120 Winter Street
The Planning Board suggested that instead of sell-
ing lot 60 to Mr. Cram that it be retained by the Town,
Tax title at least temporarily, until a settlement is reached
with Mr. Harry M. Sullivan in regard tothe tkking the
Town made of a portion of his lot 9 in connection with
the laying out of a permanent turnaround for Winter
Street.
Mr. Gray said if it was agreeable with the Board,
he would discuss this with Mr. Snow in an effort to
determine what can be worked out.
Mr. Gray read a letter from the Planning Board
with reference to lots 22 to 29, inclusive. The
Selectmen had received a letter from Francis X. Morse,, on
behalf of Alfred Iodice of Winter Street, who is
desirous of acquiring the lots to annex to his land,
not for building purposes.
Mr. Gray said, in combination with this, there
was another expression of interest in acquiring these
lots received from John V. Geary of Connelly & Livingstone .
He said he thought the lots should be sold to Mr. Iodice 11
or not sold at all.
It was agreed to have an appraisal made of the lots
and to sell them to Mr. Iodice if he is willing to pay
what the appraiser places as a value on them
The Chairman made no comment.
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,
Executive the financial interest of the Town, or the reputation
Session of any person.
Following a report by Mr. Gray pertaining to Civil
Defense matching funds, it was voted to resume the open
meeting.
The meeting adjourned at 10:00 P.M.
A true record, Attest : G�
�c ive lerk/ Sele ctm
SELECTMEN'S MEETING
April 24, 1963
A special meeting of the board of Selectmen was
held in the Selectmen's Room, Town office Building,
on Wednesday, April 24, 1963, at 8:00 P.M. Chairman
Adams, Messrs. Cole, Burnell and Cataldo were present .
Mr. Legro Town Counsel, Mr. Gray, Executive Assistant ,
and Miss .urray Executive Clerk, were also present
The meeting was called for the purpose of discus-
sing the Conflict of Interest Law.
Mr. Legro presented each member of the Board with
information he had prepared entitled "Classification of
Municipal nployees", together with a sample of "Request
For Opinion Under G. L. Chapter 268A-Section 22", which
he will send to each department .
Mr. Grady had prepared a list of all Town employees,
elected officials, appointed officials, committees
authorized by Town Meeting, and By-Law CoHuuittees
Having considered all positions in the Town, upon
motion duly made and seconded, it was voted to classify
the following individuals as Special Municipal Employees
Appointed Asses.:ors
Animal Inspector
School Traffic Supervisors
Dog Officer
Auxiliary Police
Call Firemen
Auxiliary Firemen
Swimming Instructors
Playground Instructor - Special
Playground Instructor
Trustees of Public Trusts
Moderator
Con stables
Planning Board
Appropriation Committee
Beard of Appeals
Board of Health
Board of Public Welfare
Board of Retirement
Bridge Charitable Fund Trustees
Gammel Legacy Income Trustees
Memorial Day & Veterans ' Day Committee
306
MK
Special Municipal Employees (Cont 'd. )
Old Age Assistance Bureau
Posture Clinic
Burial Agents
Board of Health Agents
Fence Viewers
Field Drivers
Public Weighers
Civil Defense Volunteers
Forest Warden
Deputy Forest Wardens
Registrars of Voters
Veterans Graves ' Officer
Committee on Cary Lectures
Historic Districts Commission
School Sites Committee
Standing School Building Committee
Capital Expenditures Committee
Recreation Committee
Town Celebrations Committee
School Doctors
All full-time employees not included in the above
list to be considered Regular Municipal Employees .
Mr. Legro reported on the status of the Carriage
House Restaurant, 271 Lincoln Street, and advised
that the Board can declare the building a hazard to
Carriage the public safety and order its demolition forthwith.
House He advised that the other alternative is to appoint
a Board consisting of a surveyor, the head of the Fire
Department and a disinterested citizen who would be
appointed by the Building Inppector
Upon motion duly made and seconded, it was voted
to appoint a committee, to proceed as town Counsel ad-
Committee vised, to consist of John J. Carroll, Town Engineer,
and William P. Fitzgerald, Chairman of the L'oara of
Fire Commissioners, and to notify the Building Inspector
to appoint a disinterested individual.
Mr. Legro suggested that an article be inserted
Article in the warrant for the next Annual Town Meeting for
the acceptance of Chapter 139 of the General Laws.
Mr. Legro retired at 10:10 P.M.
Appointments to the Town Celebrations gommittee
and the committee for the provision of public facilities
307
were discussed and final action deferred until the next
meeting of the board on Monday, April 29.
The meeting adjourned at 10:30 P.M.
A true record, Attest :
,(2 A
y.Xecttivy Clen , Select en
— ( t
ce')
e:-/j
308
3K
C-
SELECTMEN'S MEETING 1
A pril 29, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, April 29, 1963, at 7:30 P.M. Chairman
Adams, Messrs. Cole, Brown, Burnell and Cataldo were
present Mr. Legro, Town Counsel, Mr. Gray, Execu-
tive Assistant, Mr. Carroll, Superintendent of Public
Works, and Miss Hurray, Executive Clerk, were also
present
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 John B. Miles,
8 Sullivan Street, and Paul A. Morrison, 21 Sky View
Road.
Mr. Carroll retired
Mr. Adams submitted his resignation as chairman
of the Board of Selectmen to take effect immediately.
The Clerk stated that nominations were in order
for the election of a Chairman
Chairman Upon motion duly made and seconded, Mr. Lincoln P.
Cole, Jr. , was nominated for Chairman of the Board.
Upon motion duly made and seconded, nominations
were declared closed.
The Clerk cast one ballot for Lincoln P. Cole, Jr.
as Chairman. Mr. Cole was unanimously elected Chair-
man of the hoard to fill the unexpired term caused by
Mr. Adams ' resignation.
Mr. Legro left the meeting at 7:50 P.M. to attend
the Planning Board meeting.
Mr. Carroll reported that he received bids today
on a hydraulic sprayer for the Park Department. Only
two bids were received; Abbott Spray & Farm Equipment
Sprayer bid Co. , $3400, and Hartney Spray Corp. , $3530. Mr. Carroll
recommended acceptance of the low bid
Upon motion duly made and seconded, it was voted
to accept the low bid of $3400 submitted by the Abbott
Spray & Farm Equipment Co.
Mr. Carroll reported that he received bids two weeks
ago for a roller for the Park Department . Nine bids were
received from eight different companies and there were
demonstrations from five distributors He recommended
3Q9
acceptance of the bid submitted by Clark-Wilcox Company
and explained this company was not the low bidder but its
product met more of the specifications than any other Roller bid
bidder.
It being determined that it was in the best interest
of the Town, motion was duly made and seconded, to accept
the bid of $1187.50 submitted by Clark-Wilcox Company.
Mr. Carroll reported that he had called Mr. Hue,
relative to a meeting for the purpose of discussing
Route 3 and was told that it was not in Mr. Hue's
province as yet, no funds having been appropriated.
Mr. Hue suggested that he contact Mr. WhIbumk in the
Survey and Right of Way Division. He was unsuccess-
ful in contacting Mr. Whitcomb but did arrange with his
assistant for a meeting Thursday morning at 10:00 A.M. Route 3
Mr. Adams said that Walter Pierce, Peacock Farms,
called him and said he was a friend of William Waldon,
the Commissioner of Administration, who advised that a
meeting would be arranged if a written request was sent
to Mr. Ricciardi.
Mr. Carroll was instructed to arrange a meeting
for Thursday morning at 10:00 A.M.
Mr. Adau,s said someone should notify Mr. Pierce.
Mr. Carroll said the Planning Board should also
be notified.
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. Executive
Following a report by Mr. Carroll on the East Lex- Session
ington trunk sewer, a discussion of Fire Department
matters, and car allowance for Mr. Gray, it was voted
to resume the open meeting.
Mr. Gray reported that Mr. Carroll has required
curbing at the Mobil gasoline statin on Bedford Street
and the company has objected and wanted the subject
brought up at a Board meeting.
Mr. Carroll presented a plan which was used at the
Board of Appeals ' hearing and explained the location of Curbing
the curbing which he felt should be installed. He ex-
plained that the companyy feels that the plan was ap-
proved by the Board of ppeals and therefore approved
by the Town. He said he thought the situation is
dangerous, and the curbing should be installed.
I/
310 �1)
Upon motion duly made and seconded, it was voted
to follow Mr. Carroll's recommendation and approve the
installation of the proposed curbing
Mr. Gray reported that he received a letter from
the Fire Commissioners explaining that the coat and boots
worn by Harold Roeder ' s son are his own private clothing.
He and other "sparks" arrange for private transportation
and the day Mr Roeder was seen, he was waiting for this
transportation.
Mr. Gray reported that mutual aid is covered by an
index on running cards and any assignment other than
what is on these cards is the responsibility of the
Senior Officer on duty.
Mr. Gray stated that when the Board classified Town
employees, the library personnel and substitute personnel
in the School Department were not included.
Upon motion duly made and seconded, it was voted
to classify part-time Library Assistants, Pages-Students,
Library Trustees, substitute teachers, part-time school
custodians and part-time school secretaries as Special
Municipal Employees
The Chairman read a letter from the State Department
Woodhaven of Public Health in regard to Lexington .,dPC-Mass-91
Sewer Intercepting Sewer-Contract 5. The department is of the
opinion that the plans meet the requirements for the
department and approved the plans as submitted.
The Chairman read a letter from Marian T. Hopkins,
15 Meriam Street, inquiring about a second loud speaker
Loud speaker for April 19 programs at the Common and registering a
and complaint complaint about the condition of the parking area off
Meriam Street
Mr. Carroll reported that he locked at the area today
and to him it didn't seem to be unsigntly He hesitated
to say that the Town would take better care of it and
said the only solution would be to hottop the strip be-
tween the two curbings.
The inquiry relative to the loud speaker was re-
ferred to the Town Celebrations Commiti:ee
Mr Adams said he thought the Town should purchase
Loud Speaker a new loud speaker system for Cary Memorial Hall.
The Chairman read a letter from the Board of Fire
Commissioners advising that they had agreed to raise
and lower the flag on the Common from now throughout
311
September on a trial basis, the details to be worked
out with Mr. Gray
The Chairman read a letter from Metropolitan Build-
ing Movers Co. requesting pe.amission to move a dwelling Permit to
owned by DiPietro, 139 Cambridge-Concord Highway to lot move build-
19 Green Lane and a dwelling owned by Presho, 116 Pleasant ing
Street to lot 8 Pleasant Street
Mr. Carroll traced the proposed moving route on a
sketch and reported that he and Chief Rycroft had gone
over the route. He explained that no trees, except
those on private proper -y, are involved.
Upon motion duly made and seconded, it was voted
to grant the request, subject to the usual conditions.
Mr. Legro returned to the meeting at 8:40 P.M.
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 Executive
public, might adversely affect the public security, the Session
financial interest of the Town, or the reputation of any
person.
Following a discussion, brought up by Mr Adams, of
the Air Force water contract, motion was made and seconded
to resume the open meeting.
Messrs. Legro and Carroll retired at 9: 10 P.M.
Report was received from Michael J. Shaughnessy,
Dog Officer, relative to Mr. Howard Adams ' request to Adams ' dog
have the order restraining his daughter' s dog lifted.
Upon motion duly made and seconded, it was unani-
mously voted to keep the restraining order in effect .
Report was received from Michael J. Shaughnessy,
Dog Officer, relative to a complaint from Mr. D. H. Baker,
23 Ivan Street, about a dog owned by Albert L. Hildebrand,
26 Donald Street . Dog
It was agreed to ask the Dog Officer for a recom-
mendation.
Certification of the Board' s requisition for five
permanent patrolmen was received from the Division of
Civil Service. Police
No action was taken inasmuch as L'hief Rycroft had
not completed his investigation.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meetings held Minutes
April 22, 1953 and April 24, 19b3
312
Upon motion duly made and seconded, it was voted
to certify the characters of Anthony Principe, 23
,Cert of Winchester Drive, applicant for a certificate of In-
Inc. corporation, satisfactory character reference having
been received from Chief Rycroft
Upon motion duly made and seconded, it was voted
to certify the characters of John Silvestro and Adeline
Cert. of Silvestro, 38 Lawrence Lane , applicants for a certificate
Inc of Inecrporation, satisfactory character references having
been received from Chief Rycroft
Upon motion duly made and seconded, it was voted
to appoint the following individuals to serve on the
committee authorized by vote of Town Meeting, March,
1963, to study an make recommendations as to the needs
of the Town relative to providing public facilities in
ommittee or near the Battle Green District , so-called, or other
areas in the Town: Messrs . Levi G. Burnell, Mrs . George P.
Morey (Lexington Historical Society) , Leslie H. York,
`Chamber of Commerce) , Philip B. Parsons (Historic Districts
Commission) , and George Kolovson (Chamber of Commerce) .
Appointments to the Town Celebrations Com _ittee were
held over.
Letter was received from the Lexington Historical
Society advising that the Society had nominated George E.
Graves to replace Charles H. Cole on the Historic Dis-
pommission tf'icts Commission.
Upon motion duly mdde and seconded, it was voted
to appoint George E Graves to the Historic Districts
Commission for a term expiring January 1, 1958, to fill
the vacancy daused by Charles H. Cole 's resignation.
Mr. Adams reported his conversation with Mr. Robert
Appointment Trask, relative to replacing Mr. Lombard on the Board of
Public Welfare.
No change was made in the vote of the board on
April 22, 1963, appointing Mr. David F. Toomey.
Invitation to attend a luncheon of the Middlesex
County Veterans ' Service Agents ' Association was re-
Luncheon ceived from Maurice D. ilealy, Executive Committee.
The Chairman agreed to represent the Board.
Letter was received from Arthur E. Burrell,
Director of Civil Defense, together with a current
Divil Defense roster of personnel associated with the Civil Defense
program in Lexington.
81�
Upon motion duly made and seconded, it was voted
to grant the following licenses
Isabelle M. Kitson Public Carriage Renewal
Town Line Pharmacy, Inc . Sunday Sales rr
Trinity than acy " It n
Brighams' Inc. " " 1t
Louis A. Guadagnino Bowling
Letter was received from The United Fund of Greater
Boston relative to appointment of a Municipal Chairman
for the next drive United Fund
It was agreed to ask Mr. Maurice D. Healy to take
the Chairmanship again this year
Mr. Gray reported that Mrs. Riffin of the Town Meet-
ing Members Association offered the Association 's Assist- Route 3
ance in the solution of the location of Route 3.
The meeting adjourned at 9 55 P.M.
A true record, Attest :
/,'
Ekecativlerk, Selectmen
I
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SELECTMEN'S MEETING
May 2, 1963
A special meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Thursday, May 2, 1963, at 10:00 A.M. Chairman
Cole, Messrs . Burnell, Brown and Cataldo were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superin-
tendent of Public works, and Miss Murray, Executive
Clerk,cwere also present.
Messrs . Mabee, Greeley, Campbell, Meyer, Mrs. Riffin,
Mr. Adams and Mr. Fitzmaurice from the State Departmnet
of Public Works.
The Chairman said he would start the meeting by
having Mr. Fitzmaurice talk regarding Route 3.
Mr. Fitzmaurice said the Boards have the report
of the Inner_ Belt and the only plan he brought in addi-
tion was a topographical map which shows the consultants '
recommended line. He said this spring both lines
were flown The department will now make a re-study of
the lines; it is the recommended lines of the consultant
and not necessarily the recommended line of the department
Route 3 He said the department has not recommended a line at this
time and this is just the engineer' s recommendation at
the present time. He explained that the towns would be
advised of everything that is going on and there will be
a public hearing, at which time the department will show
at least two alternate locations, something that the
Bureau of Public toads insists on. He said before the
public hearing, there will be a hearing, as is the de-
partment ' s custom, with the elected officials of the town
through which the route will pass . He said he could not
give the Boards anything with regard to a final location
at this time, and if there were any points they would
like to take back to the department, he would do that .
Mr. Carroll asked if funds had been appropriated, and
Mr. Fitzmaurice replied that funds have not been allocated
Mr. Carroll asked if funds were available, and Mr
Fitzmaurice replied that funds are available each year and
then allocated by the Chief Engineer's office for various
projects, but no funds have been allocated for this job.
Mr. Gray asked if this had been programmed, and Mr.
Fitzmaurice replied that as of right now, not for any
particular year.
Mr. Cataldo asked if it would be 1963 or 1961.., and
Mr. Fitzmaurice rep., ied that it would be 196L1..
315
Mr. Cataldo asked if the earliest for construction
would be 1965, and Mr.Fitzmaurice replied that he would
think so .
Mr. Brown asked if, in taking the property for
Route 2, would they include what is necessary for Route 3.
Mr. Fitzmaurice replied thathe was not sure but he
did not believe so.
Mr. Carroll stated that Mr.Hue said any takings
for Route 2 did not extend beyond the limits of Route 2.
Mr. Fitzmaurice said that xoute 2 is now in the
design state:
Mr. Greeley asked if it was in the design state
from Alewife Brook Parkway, and Mr. Fitzmaurice replied
in the negative.
Mr. Greeley asked if Route 93 from Medford was in,
and Mr. Fitzmaurice replied in the negative. He said
before anything could be done on Route 3, approval from
Somerville would have to be obtained.
Mr. Greeley said that Route 93 would get into the
Inner Belt before Route 2, and Mr. Fitzmaurice said it
was possible
The Chairman said no final decision had been made
asto the route yet, and Mr . Fitzmaurice said that was
correct.
Mr. Carroll asked if the public hearings would be
held in the Town or in Boston
Mr. Fitzmaurice replied that no decision has been
made but he thought it would be around here somewhere
He explained that the preliminary hearing for town
officials would be at Nashua Street and the public hear-
ing would probably be held in some local place
Mr. Carroll asked when the public hearing would be
held, and Mr. Fitzmaurice replied that he did not know
He stated that they would try to hold public hearings on
the inner state system some time this year, but Route 3
would not be part of this. He explained that they have
to have the inner state system completed by 1972 which
would mean construction by 1970.
Mr. Carroll said the plan for route 3 through Lex-
ington seems a short cut for Route 128 and Route 2 and
these two routes have the capacity to handle the addi-
tional Route 3 traffic . He asked what consideration
would be given to the fact that this is a short cut
and will only save minutes through Lexington. He said
Route 2 is in the design stage and he thought it should
be looked into now.
Mr. Fitzmaurice said both routes are on a 50-50 basis.
Mr. Campbell asked if the Bureau leandd towards the
primary route or the alternate route
816
Mr. Fitzmaurice replied that it makes no commitment
until the department makes a recommendation.
Mr. Mabee asked about the argument for the route
going through Lexington.
Mr. Fitzmaurice stated that up tc now the department
has had an engineer who recorrm ,ended the route through
Lexington and it is now faced with additional studies
on this. He said there are no survey parties working
on this and there has been no department choice at this
time.
Mr. Campbell asked if Mr. Fitzmaurice meant a complete
relocation when he referred to alternate routes
Mr. Fitzmaurice said it would be complete, there will
be an additional route, and they are flying both through
Winchester
Mr. Greeley asked if both alternates were through
Winchester, and Mr. Fitzmaurice replied in the negative,
and said the other alternate. He said the flying would
give them a chance to modify both the recommended location
of the consultaaitb and the alternate. He said they were
flying a strip a mile wide
The Chairman asked if there was any reason why the
department would not crnsider Route 128 and 2.
Mr. Fitzmaurice replied that he has not heard that
mentioned and said that usually the cost benefit ratio
would point to the direct route as being the proper route.
Mr. Meyer said the width of the sections of Route 2
had him confused
Mr. Fitzmaurice said they were proposing a four-lane
and this is an eight-lane tied to where this route would
come in. He said the number of lanes would have to be
increased up to Route 128.
Mr. Meyer said he understood that from Childs ' gas
station to Alewife Brook Pr kway would be eight lanes,
and Mr. Fitzmaurice stated that he would think the eight
lanes would be retained.
Mr. Campbell asked if there was any place else in
the Commonwealth where they would take a six-lane road,
dovetail another six-lane road and run it into an eight-
lane road?
Mr. Carroll said once it is built beyond Childs '
six-lanes wide, the argument is stronger that you can ' t
use Route 128 and Route 2 as a short cut and he thought
this should be settled now
Mr. Fitzmaurice said he would relay this information
to the Chief Engineer.
Mr. Carrell asked about the Board' s position as to
Follow up.
Mr. Fitzmaurice suggested that the Board waite its
suggestions to the Chief Engineer. He said he personally
ri
did not have a great deal he could tell th. Board officially
The Chairman said the Town is on record as being op-
posed to Route 3 going through it, and asked if any traffic
counts had been taken saving Route 3 where it is and. seeing
how many would go on Route 2 and Route 93.
Mr. Fitzmaurice replied that there was a mass trans-
portation study which included traffic
The Chairman said rather than have Route 3 come to
Route 2 and left where it is, the traffic might divide
and not overburden either route.
Mr. Fitzmaurice said the new study would give them
information.
Mr. Campbell asked if it didn 't seem more logical
to determine the Inner Belt before Route 3, and Mr.
Fitzmaurice said he knew the department would like to fix
it. He said Route 2 has been in the planning for a long
time .
Mr. Campbell said if they were going to bring Routes
3 and 2 into the Alewife Brcok Parkway and have it vetoed
on the Inner Belt, it would create a traffic problem beyond
all proportion.
Mr. Fitzmaurice said they hoped to get some approvals
on the Inner Belt and explained th-t some of the towns feel
now that the Inner Belt is going to help them. He said
he thought some of the cities and towns might agree to a
corridor. He said money could not be spent on some of
those cities with veto powers
Mr. Greeley asked if it wouldube of any value for
Lexington to rhe help of as and
Mr. Fitzmaurice replied that he thought it would. He
said there is no question but the Town needs the Inner
Belt He stated that the Department is going to study
this further and no decision has been made on the actual
location of the route at this time . He advised that
the Board's next step would be to write to the Chief
Engineer, Mr. McCarthy. He said he would also pass on
the information given him this morning.
Mr. Fitzmaurice retired at 10:30 A.M.
The Chairman said there is now a four-man Board and
the law provides a way whereby it can be made a five-man
Board. The Selectmen can either call a special election
although they do not have to, and if they fail to call Election
the election, it can be called by a petition of 200
citizens. He said it is up to the Board to decide whether
or not it is going to call a special election.
Mr. Burnell said that he thought there is no question
but that the Board should call a special election. He
said he did not think the Board should go through another
ten months with only four members, and he thought it would
318
be only fair to have the full complement . He said if
the Board doesn't call the election, the citizens will.
Mr. Brown disagreed and said that an election would
cost approximately $3,000, and by necessity would be at
least a month off. He explained that the candidates
would have to have time to work. The candidate elected
would be serving only eight months and would have to run
for re-election.
Mr. Cataldo agreed with Mr. Brown and stated that
the Board has been stressing economy and this is one way
to save $3,000. He said the Board is coming into the
summer months when the meetings are schedied for every
other week and then into budget period, at which time,
the new member would not be of too much help. He said
if the citizens petition, that would be fine; it is their
money and if this is what they want, he had no objection;
He said he would move that the Board not call a special
election.
The Chairman agreed with Mr.Burnell, and said he
could not see going eight months with the possibility
of having two to two votes that could cost the Town
sums greater than $3,000. He said there would be
matters of importance coming up and a two to two vote
could be detrimental tothe Town. He strongly recom-
mended that the Board take the leadership in calling a
special election. He said he thought the citizens
would petition for one if the Board did not call the
election.
Mr. Cataldo said if the citizens petitioned for a
special election, that would be all right .
The Chairman said June 17 would be the date of the
election and twenty-eight days before that would be the
closing date of nominations which would be ample time
for the candidates to get papers filled out and returned.
Mr Adams said that in previous times, the Board has
done this .
Mr. Cataldo said whoever was elected would have to
run again for the March electicn and he dould not see any-
thing coming up that would cost the Town that much money.
Mr. Adams said the Board would be getting into budgets
and many times there has been a three to two vote.
Mr. Burnell said co-operation has existed on the
Board but there have not been too many problems, but he
thought it would be wrong for the Board to continue almost
a year with less than the full complement.
Mr. Cataldo said he was approaching the subject
strictly from an economical point of view.
The Chairman said, for the record, he thought a
motion should be made and seconded and acticn taken
Mr. Meyer said he thought June 17 was too close as
nominations would close May 20 and the first public notice
319
would be May 9 so it would only give a person eleven days.
He said it seemed to him this was cutting it too close to
make this decision .
The Chairman said the Town is aware ofthe situation
and many people regard this with great interest, and he
suspected that the Board would receive a petition not
later than Monday night .
Mr. Brown said if the Boarn is required to call an
election, because of public opinion, a week or two from
today, then the election would be the end of June or
early July Welch is en unfortunate situation.
The Chairman said if the Board acts now, it can
have an election June 17, or it could go one more week,
June 24. He said he thought June 17 was the best date
Mr. Campbell asked if the election had to be held
on a Monday rath;r than on a Saturday.
The Chairman replied in the negative .
Mr. Cataldo asked if there was anything in the
statute as to how long a period of time there is to
petition for a special election, and the Chairman replied
that it may be done anytime provided it is submitted to
the Board of Selectmen more than 100 days prior to the
next election.
Mr. Burnell moved that the Board of Selectmen call
a special election to be held June 17, 1963, for the pur-
pose of electing a fifth member to the Board of Selectmen.
The motion was not seconded.
The Chairman said he wished to be recorded as being
in favor of calling a special election.
Mr. Cataldo moved that a special election not be
called unless petitioned for by the public .
Mr. Brown seconded the motion.
Two members of the board we. e in favor and two members
were opposed, and the motion was, therefore, lost.
Mr. Campbell said he would like to have the election
held on a Saturday.
The Chairman said it was stated to him that the peti-
tion would read "that the Board of Selectmen call an
election as soon as possible" .
Mr. Cataldo said if he thought there should be an
election, he would so vote.
Mr Mabee said he could guarantee the Boat that
a petition could be prepared right now
Mr. Cataldo said if Mr. Mabee wanted to do that as
a private citizen, that was his prerogative
Mr. Carroll referred to the discussion pertaining
to Route 3 and asked what the Board's decision was.
Mr. Greeley asked if the Selectmen wanted the Plan-
ning board to work with Mr. Car oll on drafting a letter
320
The Chairman asked who should send the letter
Mt. Cataldo said he thought the Board of Selectmen
should send the letter but Mr. Carroll could work with
the Planning Board in deciding what is to be submitted
for the Department 's consideration.
It was agreed that Mr. Carroll should follow the
same procedure as he has in the past relative to official
communications to the Department, which was to work with
the Planning Board and submit a draft for the Selectmen's
approval and signature
Mr. Brown reported that George P. Morey had sub-
mitted the name of Lawrence A. Sullivan, 8 Warren Street,
to fill the vacancy in the Trustees of Public Trusts
caused by Mr. Donald R. Grant ' s resignation, and sug-
gested that if the Selectmen could vote on the subject
this morning, it would not be necessary for him to keep
the appointment he made for next Monday night .
Trustees of The Chairman said the Selectmen were on notice that
Public Trusts Mr Morey would be present next Monday for the purpose
of electing a member to the Trustees of Public Trusts
to fill the vacancy caused by Mr. Grant 's resignation.
The meeting adjourned at 10:55 A.M
A true record, Attest
ec itivei Cler , Selecn
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SELECTMEN'S MEETING
May 6, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, May 6, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Brown and Cataldo were present. Mr
Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating or voting on a matter which, Session
if made public, might adversely affect the public
security, the financial interest ofthe Town, or the
reputation of any person.
Following an interview with William T. Hardy and
Anthony J. Busa, applicants for appcintment to the Police
Department, and a conference with Chief Rycroft, it was
voted to resume the open meeting.
At 7:55 P .M , Mr. Carroll returned to the meeting
Petition wa.: received with 330 signatures, 225 of
which were checked by Mr. James J. Carroll, Clerk to Special
the Board of Registrars, as being qualified voters, re- election
questing the Board to call a special election as soon
as possible for the purpose of filling the vacancy on
the Board of Selectmen.
Upon motion duly made and seconded, it was voted
to call a special election to be held on Monday, June 17,
1963 It was also voted to open the polls at 7:30 A.M.
and to remain open until 8 00 P.M.
Mr Carroll reported that bids were taken for three
pickup trucks - one for the water service man, one for
the painters, and one for the construction inspector, Mr.
Coscia. Bids received were from Automotive Service,
66aDnet; Rowe-Jackson $6167 net, and Dunn Ford Sales,
$5975 net. Truck bids
Mr. Carroll reported that all three met the speci-
fications and recommended accepting the low bid
Upon motion duly made and seconded, it was voted
to accept the low bid of $5975 for three pickup trucks
submitted by Dunn Ford Sales
The Chairman read a letter fromMrs . James Kelly,
36 Rindge Avenue, in which she referred to damage to
her property at the time the street was paved.
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Mr Carroll reported that he and Mr Grant Ellis,
representing the contractor, had met Mrs. Kelly and
her husband. Mrs . Kelly complained about a fence
which Mr. Carroll stated was made of chicken wire and
not located on her property. However, he did tell
her to send him a bill for the fence and he would pay
Complaint it . He also told her he would remove the hot top and
replace it with loam but the following Monday she called
and told him to forget about it as she intended to refer
the subject to the Board. He said he does not under-
stand what Mrs . Kelly wants as she insists that the
street was not constructed properly
It was agreed to advise Mrs . Kelly that members of
the Board would personally look at her property
Requebt was received fromthe Mystic Valley Gas
Company for permission to locate a main in North Hancock
Street.
Mr. Carroll reported that the main is necessary to
Gas main serve three new houses and recommended that the request
be granted.
Upon motion duly made and seconded, it was voted
to grant the Mystic Valley Gas Company permission to
locate a 4 inch welded steel gas main in North Hancock
Street.
Mr. Gray read a letter frcm Mrs. Francis J. Dee,
541 Appleton Street , Arlington, requesting permission
to move a house down Route 2 over Watertown Street to
Marsh Street in Belmont . He reported that he and Mr.
Carroll h d gone over the route and both concluded
Permit that it would be a physical impossibility to move the
house because the street is not wide enough.
Upon motion duly made and seconded, it was voted
to deny Mrs . Deets request for a permit to move the
house over the route she has proposed, and to suggest
that she submit an alternate route for the Board' s
consideration.
Mr. Carroll referred to the proposed location of
Route 3 and reported that he had called Mr. Hue of the
Route 3 State .0epartment of Public Works and was advised that
there would be no point in arranging for a joint meet-
ing until after the Board has written to the llepartment.
He stated that he and Mr. Snow would draft a letter for
the Board' s apiroval.
At 8 15 P.M , Messrs. George P. Morey, William R.
McEwen and Lawrence A. Sullivan met with the Board.
323
Mr. Morey stated that under the Conflict of Interest
Law, Mr. Donald Grant resigned as a Trustee of Public
Trusts. He said the Trustees needed a lawyer as a membey
and gave a brief summary of Mr. Sullivan' s background.
The Chairman read a letter from Donald R. Grant
resigning as a member of the Trustees of Public Trusts, Resignation
effective April 30, 1963.
Upon motion duly made and seconded, it was voted
to accept Mr Grant ' s resignation with regret .
Mr. Legro advised that the vacancy would be filled
until the next election and the Chairman stated that the
next election will be held on June 17. He asked if
Mr . Sul= ivan would be willing to run for the office and
he replied in the affirmative. Election
The Chairman stated that, nominations were in order Trustees of
for the election of a Trustee to fill the vacancy caused Public
by Mr. Grant ' s resignation . Trusts
Upon motion duly made and seconded, _Mr. Lawrence A
Sullivan was nominated.
Upon motion duly made and seconded, nominations were
declared closed.
The Clerk cast one ballot for Lawrence A Sullivan
as Trustee . Mr. Sullivan was ap; oanted to fill the
vacancy caused by Mr. Grant ' s resign tion and stated
that he would take out nomination papers and run for
election June 17.
Mr. Morey reported on the status of the Gerry
Fund and advised that there is $6100 available to he dis-
tributed or expended at Christmas , or in December, Janu-
ary or other suitable time , at the discretion of the
Selectmen, among the deserving poor of the Town without
distinction of sex or religion
Mr. Legro said he would like to read the instrument
establishing the fund.
The group retired at 8:29 P .M.
Upon motion duly made and seconded, it was voted to
go into Executive Session for the purpose of discussing,
deliberating, or voting on a matter wiich, if made public,
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person. Executive
Mr. Donald R . Grant met with the Board and dis- Session
cussed matters concerning the Historic Districts Com-
mission.
Mr. Grant retired, and Mr . John Carroll and Mr .
Gray returned to the meeting.
Following a report from Mr Carroll pertaining to
the break in a sewer main, and Mr . Gray' s discussion
pertaining to Fire Department matters, it was voted to
resume the open meeting.
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Mr. Gray read a letter from Leo M. Gaughan, Safety
Chairman of the Parker School PTA requesting the erection
Traffic of a school zone sign in the vicinity of the school
Mr. Carroll said he would have an appropriate sign
erected
Messrs. Carroll and Legro retired at 9:15 P.M.
Mr. Gray reported that he had, at the Boardts
request, contacted the Dog Officer and asked for his
recommendation relative to the dog owned by Albert L.
Hildebrand The Dog Officer requested that the Board
Dog Hearing invite both parties involved to a hearing.
Upon motion duly made and seconded, it was voted
to hold a hearing on Monday, May 13, 1963, at 8:30 P M.
in the Selectmen 's Room to determine whbther or not an
order should be issued concerning the restraint or dis-
posal of the dog owned by Albert L. Hildebrand, 26 Donald
Street, a complaint having been filed by Derek Baker,
23 Ivan Street.
Mr. Gray reported that a letter had been received
from Francis E. Burke, attorney representing Theresa
Delfino, 94 Reed Street, who authorized him to offer
$50 for lot 4, Block 88. He explained that Mrs . Delfino '
owns lets 1-2-3-5-6-7 and 8 and wants to acquire lot 4.
In checking with Mr. Snow, there wa.; no objection to the
sale of this lot, but he did recommend that it be combined
with lots 1-2 and 3 to make one lot. He reported that it
is assessed for $750 and there is a sewer betterment in
Tax title the amount of $113.36 levied against this lot.
Upon motion duly made and seconded, it was voted
that a proposal to sell the lot be advertised in the
Lexington Minute-man and that further consideration be
given the offer at the Board meeting to be held on
May 20, 1963.
Mr. Gray reported that a letter had been received
from Gunther K. E. Kleeber, 46 Eastern Avenue, enumerating
lots on Grandview Avenue that he wished to acquire. He
stated that he had discussed the offer with Mr Snow and
Tax title this parcel is quite involved. One of the lots is not
owned by the Town and another of the lots is questionable,
and it would be expensive to have the titles searched.
Mr. Snow has no objection to disposing of the lots but
recommended that the prospective purchaser have the title
searched to establish what lots are available.
It was the opinion of the Board that if the lots
are sold, there should be a restriction incorporated in
325
the deed whereby they would be combined with lots Mr.
Kleeber already owns It was also agreed that Mr.
Kleeber should have the title searched if he is in-
terested in acquiring the property
Upon motion duly made and seconded,it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on April 29 and May 2, as amended
Upon motion duly made and seconded, it was voted
to grant Mr . Paul Lloyd' s request, on behalf of the Horse Show
Lexington 4.-H Club, to hold the Club' s annual Horse
Show May 19 beginning at 10 00 A.M. , on property of
Mrs. W. John Baskin, East Street It was also voted
to give the Club permission to erect a few directional
signs to be placed and removed the day of the show.
Upon motion duly made and seconded, it was voted
to accept, with regret, Mr. Benedict W. tertini 's Resignation
resignation hs a member of the Recreation Committee.
Appointment to replace Mr. Bertini was held over.
The Chairman read a letter from Colby E. Kelly,
Chairman of the Recreation Committee, advising that
II Mr. Benedict W. Bertini has been appointed to the poli- Appointment
tion of Recreation Director (P.T. ) , effective June 1,
1963
Memo was received from the Massachusetts League
of Cities and Towns with suggested resolution to be
adopted by the Board and sent to the delegates in the H-1584.
General Court, to the House Speaker, Senate President,
Governor and local newspaper with reference to H-1584
of 1963 (limited sales tax) .
Mr. Gray was requested to obtain a copy of the bill.
Upon motion duly made and seconded, it was voted
to grant the following licenses: Licenses
The Colonial Store 856 Mass. Avenue Sunday Sales
(Formerly Corner Variety)
Robert Bernstein 27 Sanderson Road Auctioneer
Starrett Associates 594 Marrett Road Intelligence
Office
Lexington Cab Co. Inc R-7 Muzzey Street Public Carriage
Minute Man Cab Co. Inc 1833 Mass . Avenue TY ft
Upon motion duly made and seconded, it was voted
to sign an order for the construction of a sanitary
326
sewer in Blodgett Road from Appletree Lane a distance
of 1020 feet, more or less, easterly to Peachtree Road
(Selectmen' s Files, 1963, Sewer Orders ) .
Upon motion duly made and seconded, it was voted
to sign an order for the construction of a sanitary
sewer in Peacock Farm Road from the trunk sewer a dis-
tance of 1930 feet, more or less, easterly and northerly
(Selectmen's Files , 1963, Sewer Orders. )
The Chairman read a letter from Mr. Carroll, Town
Treasurer, advising that it is necessary to borrow
$1,000,000 in anticipation of taxes
In response to requests for bids, Mr. Carroll re-
ceived a bid of 1.30% from the Lexington Trust Company
discounted for $500,000. He also received bid from
the New England Merchants National Bank of Boston for
the same rate for $500,000.
Upon motion duly made and seconded, it was voted
to accept the bids on an anticipation loan of $1,000,000
as follows:
Lexington Trust Company $500,000. 1.30% discounted
Merchants National Bank of
Boston 500,000 1.30% discounted
Upon motion duly made and seconded, it was voted
License to denyapplication received from Donald J. Flannery,
Jr. , 11 Commonwealth Street, West Concord, for a Taxi
Driver's license .
Mr. Cataldo suggested that the Board investigate
Veto power the possibility of obtaining veto pow :r in connection
with the proposed location and construction of Route 3.
The Chairman read a letter from E. J. McCarthy,
Chief Engineer State DeInrtment of Public Works, with
reference to the feeting held on March 20, 1963, at-
tended by the Selectmen and members of the Planning
Route 2 Board, advising that the Spring Street interciange, as
discussed, his been approved by the State and Bureau
of Public Roads Also included is the elimination of
the off-ramp in the southwest quadrant at Waltham Street.
The frontage road "A" will remain as close to Route 2 as
possible Mr. McCarthy stated in his letter that when
the land takings have been made, the Board would be in-
formed so that it may proceed with the rezoning proposal.
fUri
The Board instructed Mr Gray to request the Plan-
ning Beard to advise the Selectmen as to the status of
theproposed - -
re vamping of the C 1 zoning
The meeting adjourned at 9:50 P.M.
A true record, Attest
Exec 'cive/Cler14, Select
I
328
SELECTMEN'S MEETING I
May 13, 1963
A regular meeting of the board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, May 13, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Burnell and Cataldo were present. Mr
Gray, Executive Assistant, and Miss Murray, Executive
Clerk, were also present .
Hearing was declared open upon petition of Temple
Emunah for permission to store 6,000 gallons of #2 fuel
oil underground on premises located on Route 2 Concord
Turnpike.
Dr. Gerald Stechler, 68 Bertwell Road, repre-
senting the Temple, was the only person present at
the hearing.
Notice of the hearing was mailed to the peti-
tioner, owners of all property deemed by the Board
Oil storage to be affected thereby as they appear on the most
hearing recent local tax list and also advertised in the
May 2, 1963 issue of the Lexington The
application was approved by Mr. p. J. Belcastro, 11
Chief Engineer of the Lexington Tire Department.
The heating was declared closed and Dr. Stechler
retired.
Upon motion duly made and seconded, it was voted
to grant a license to Temple Emunah to maintain an
underground tank for the storage of 6,000 gallons of
#2 fuel oil on premises at Route 2 Concord Turnpike.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
May 5, as amended
Mr. Gray read a letter from Chief John W. Rycroft
advising that because of unforeseen expenses, it is
necessary to request a transfer of $150 to the Parking
Meter Fund.
Upon motion duly made and seconded, it was voted
to request the Appropriaticn Committee to transfer the
sum of $150 from the Parking Meter Fund to thePolice
Parking Meter Account .
Mr. Gray read a letter fromMr. Oscar W. Carlson,
1 Wachusett Drive, requesting the Board to make him
an offer for lot 57 on Rockville Avenue, the Board
having taken the lot in fee simple for school, play-
ground and other public purposes. (Moreland Avenue
school site) .
329
Mr. Gray reported that the Town had an appraisal
made and there seems to be a difference of opinion
between Mr. Carlson and the appraiser. The appraiser
has established a value of $1250 and Mr. Carlson wants
$3,000. Lot 57
Mr. Gray requested permission to negotiate, and Rockville
if he is unsuccessful in readhing an agreement, to Avenue
refer the subject to Town Counsel. The requested
permission was granted.
Mr. Gray reported that, at the Board's request,
to asked the Planning Lirector about the status of
the C-1 zbbe, The Planning Board is working on the
C-1 zone and has more meetings planned but has nothing
definite to repprt at this time.
Mr. Gray was instructed to advise the Planning
Board that Selectmen ha the would like to know specifically
if the proposed revamping of the C-1 zone will be
ready for presentation to Town Meeting in September.
Mr. Gray read a letter from Mr. Harvey Newgent
referring to a parcel of land owned by John Chiesa, Newgent' a
adjacent to the William Diamond Junior High School, church site
which he said would be an ideal site for a church.
He has presented this to such a group and the problem
is entrance and nearness to water and sewer Mr
Newgent requested an expression of opinion from the
Board as to how it would feel about giving an easement
for war, sewerage and driveway
Upon motion duly made and seconded, it was voted
to refer the subject to the Planning Beard for an
opinion.
At 7:1+5 P.M. , hearing was declared open upon peti-
tion of Emerson Gardens Realty Corp. for permission
to store 36,000 gallons of #2 fuel oil underground on Oil Aorage
premises located on Maple Street . hearing
Mr. William E. Maloney, representing the petitioner,
was the only person present at the hearing.
Notice of the hearing was mailed to the petitioner,
Notice of the hearing was mailed to the petitioner,
owners of all property deemed by the Board to be affected
thereby as they appear on the most recent local tax list
and also advertised in the May 2, 1963 issue of the
Lexington Minute-man. The application was approved by
Mr. B. J. Belcastro, Chief Engineer of the Lexington
Fire Department.
The hearing was declared closed and upon motion
du ly made and seconded, it was voted to grant a license
330
3C
to the Emerson Gardens llty Corp. to maintain an
underground tank for the storage of 36,000 gallons of
#2 fuel oil on premises located on Maple Street.
Mr. John J. Carroll, Superintendent of Public
Works, met with the Board. He said that hat week
at a meeting of the Planning Board which he attended,
the width of Emerson and Worthen Roads was discussed.
The Planning Board' s feeling was unanimous that the
width of Emerson Road should not be forty-four feet
wide. He stated the argument was simply that it
would be difficult to get Emerson and Worthen Roads
through the Town Meeting, being advertised as wide
Width of roads. He explained to the Planning board that
Worthen and the first subdivision that included Worthen Road was
Emerson Roads Colonial Acres and the pavement there was thirty
feet wide with the layout of seventy feet, and the
utilities were all on the edge of the pavement.
Before that, a section of Emerson Road was built
twenty-four feet wide in the Burnham Farms area. No
excavation was done beyond the twenty-four foot width
He stated that wh_n Worthen Road was buDt through the
Center playground, he discussed the width with the
Board and the question came up as to whether or not
it should be thirty feet wide. The Board at that time 11decided that the width of the road should be forty-four
feet and all future subdivisions should be forty-four
feet wide. He reported that he told the Planning Board
he did not have any real objection to making sections
of Emerson and Worthen Roads thirty feet wide, but he did
feel that all the excavation should be done for a forty-
font foot road. He also told the Planning Board there
are now two sections of Emerson Road ready to receive
hot top; one in the Grove section and the other in the
Emerson Gardens and a decision would have to be made
right away. He said from Mr. Maloney's standpoint,
he felt that the forty-four width is what he wants.
Mr. Green, of Greener and Whiter, said he did not care
one way or the other. Mr. Carroll said he would defi-
nitely go to the forty-four foot width in Emerson Gardens.
Mr. Brown asked if Mr. Carroll thought. the Board
should be consistent all the way. He said he was in
favor of the forty-four foot width at Emerson Gardens,
but he also thought it should be forty-four feet in the
Grove. He asked what happens, from an aesthetic point
of view, from the gravel base to the edge of the loam.
Mr. Carroll explained he would put in loam. There
will be a fifteen foot grass strip, five foot sidewalk
and thirty foot pavement.
Mr. Brown asked if it would be less expensive to
do it now, and Mr. Carroll replied that in the long run
it may cost more to wait.
cw
00 1
Mr. Cataldo stated that during the winter, snow
can be pushed back and there would still be room to
park a car.
Mr. Maloney said Emerson Road has been a very,
very expensive road in the Emerson Gardens because there
was peat in there and it required many thousands of
yards of gravel and fill. He stated that doing it
all at once was by far the most economical. He said
that where there is time, it is the proper width and the
contract let to do a certain portion of the road, he felt
it would not be wise to change it at this time.
The Chairman asked if Mr. Carroll was, at the moment ,
saying Emerson hoed should be forty-four feet in pavement
Mr. Carroll replied that it could be forty-four feet
in some areas and thirty in others .
The Planning Board met with the Selectmen.
Mr. Mabee said what interests the Planning Board
is this. When it goes to Town Meeting, the Planning
Board would hate not to get an access or right of way
because of the fact the width of the road is a bother-
some point to some people. He said any way an access
or right of way can be accomplished,. the Planning Board
I II does not care about the width. He said many people do
not like a wide pavement. He said if there is no need
now to have the road wide, the Planning Board is in favor
of building it narrow.
The Chairman asked if the Planning Board thought
the road should be forty-four feet wide or thirty feet
wide.
Mr. Mabee said the Planning Board would take the
stand of getting it through Town Meeting.
Mr. Cataldo said there is no section of Bmerson
Road built forty-four feet wide and Mr. Carroll said
that was correct.
Mr. Meyer said the Planning Board talked toxone
of the people objecting, who thinks it is probably
necessary in the future, and dues not mind the seventy
foot right of way, but objects to the forty-four foot
in areas that don't go any place. He said he was a
proponent of keeping the road down to thirty feet .
The Chairman asked if the Planning oard felt
the road should be the same width throughout, and
Mr. Mabee replied that the Planning Board was not
saying anything. It would like to work it out so
it can get something through Town Meeting. He said
the Planning Board is interested in a right of way
and suggested that Mr. Carroll might like to take the
width of the entire road end come up with different
w,,idths.
'"'Clh
r==
The Chairman asked if the Planning BoarC.Was re-
commending thirty feet in the Grove, and Mr. Mabee 11
replied that is what he suggests.
Mr. Brown said the Board considers Emerson Road
a seventy foot road with a forty-four foot wide pave-
ment. The Town has taken the steps to reimburse
developers and the money is available. He said it
would seem to him it would be better to have the work
done now and spend the money rather than to wait five
years from now and then raise the money in the tax
levy.
Mr. Mabee agreed and said if it is not possible
TownMeeting because of the width,
get it through a ng
he would rather compromise.
Mr. Brown stated that the special funds were
created for this purpose.
Mr. Cataldo stated that it will cost just as
much to grass it in
Mr. Burnell asked if the two Boards hadritt
already agreed, over the period of the last three
years, that the width shol.d be seventy feet . He
said there was no question about that and it has
nothing to do with the ability or inability to get
an article through Town Meeting.
Mr. Mabee said if the road is built too wide,
the people will vote it down.
Mrs. Skov, a resident of Hawthorne Road, said
the people are opposed to anything beyond thirty
feet and stated that it would ruin the entire area.
They do not like wide roads. She said if there was
an agreement that the road would be thirty feet wide
until it has to be wider, they could live with that
Mr. Carroll explained that is why he thought it
should be forty-four feet because people who live on
the road now are afraid of the seventy feet. If it
is built thirty feet wide, there will be a battle
when the road has to be built seventy feet.
Mr. ''ataldo said there is a seventyfoot taking
with a thirty foot road, and asked who would improve
this strip from the street line to the property line
and who would mow it.
Mr. Carroll replied that it is the responsibility
of the abutters. He explained if there are no houses,
the Town would mow it.
Mrs. Skov said there is about thirty feet in front
of her house that she does not own but she takes care
of it .
Mr. Maloney said the developer is required by the
Planning Board to do certain things and the plan is not
approved unless the developer agrees , as he did, to put
in a forty-four foot road. He said it is unfortunate
04141
Oat)
that developers must give this land and then put the
road in, and except for the fact he is reimbursed for
a part of it, it would be a very costly road. He said
in his case, it is practically a deadend and it will be
easier for the Town to plow the street if it has the
width, and it would be much better to leave it as it is
in this section.
Mr. Mabee asked Mr. Carr( 11 if the area in the
Grove should be forty-four feet, and Mr. Carroll replied
that ultimately he thought it should be.
Mr. Campbell asked if Mr. Carroll would lay it out
with a sixteen foot island in the middle, and he replied
in the negative, stating that there would not be room
enough on either side
Mr. Meyer said he thought the matter of payment
to developers for the width should be settled now. He
said this is avvery poor type of thing to get into unless
the Board has to, and he questioned the necessity of making
any payment to the developers.
Mr. Maloney said, as far as the developer is con-
cerned, the Town is taking some very valuable land away
from him for nothing, and the ceveloper has to develop
all this property because the Planning Board says he must.
The Chairman suggested taking this in three parts;
number one, Emerson Road. Mr. Carroll, the Planning
Board and the Board of Selectmen agreed on a paved width
of forty-four feet.
It was agreed by all present that there would be no
change in the width of Emerson Road in the Emerson Gardens'
development.
The Chairman then referred to the Grove and said Mr.
Carroll stated this area would have an effect on btbbr
areas up north and felt there should be a seventy foot
taking and a forty-four foot gravel base.
Mr. Mabee said he was not too much concerned about
the base, but was concerned about the paving. He said
he was not concerned about the subdividers, but what the
Town has to acquire, the fee in the land, to get across
the road. He said if they were talking about a road
with a narrow paving width, the better chance it would
have getting through the Town Meeting.
The Chairman said if there was going to be a thirty
foot paved area from Burlington Street to Emerson Gardens,
the Town would still need a seventy foot taking.
Mr. Meyer said he was recommending that the Town
take seventy feet all the way as each subdivision comes
in, building a thirty-foot road and reserve widening
until some future date. In this case, there would be
no payment to be made to subdividers.
334 ha
rzi
The Chairman asked if this reflected the Planning
Board's thinking, and Mr. Mabee replied that the members
were talking as individuals.
Mr. Carroll said to widen a road that is thirty
feet to forty-four feet would be very, very expensive.
He stated it cost a great deal more money to widen
Worthen Road than the original construction.
Mr. Burnell asked if this would be a seventy foot
taking, a forty-four foot base and a thirty foot pavement
Mr. Carroll replied in the affirmative.
Mr. Meyer said the thing he feared is the continued
payment by the Town to developers. If it is more economical
to do it now by reimbursement than doing it later, he had
an open mind on it .
Mr. Burnell asked if the Planning Board had agreed
unanimously that the road width of Emerson and Worthen
Roads should be forty-four feet.
Mr. Mabee replied not this present Board.
Mr. Campbell said the Board says it will eventually
need to be forty-four feet wide.
Mr. Mabee said a thirty foot pavement , a forty-four
foot base and a seventy foot right of way all the way
through would be fine.
Mr. Carroll suggested that he be permitted to make
some recommendations and the Board could go along with
them or not.
Mr. Campbell asked if it would make sense if the
Planning Board gave the subdivider a choice as towhether
the Town build the road and charged him for it, or if he
built it and the Town paid a percentage.
Mr. Carroll replied that these two roads should be
laid out by the Town and constructed by the Town with the
developer paying his share of the estimated cost in ad-
vance. At the end of the Sob, the unit price could be
worked out and the Town might pay the developer or he
might pay the Town.
The Chairman asked, for the immediate problem, if
it was the sense of the Selectmen that the Grove should
be a seventy foot taking, forty-four foot gravel base
and a thirty foot pavement.
Messrs. Cataldo, Burnell and Brown were recorded
as being in favor of the forty-four foot width.
The Chairman was recorded as being in favor of
thirty feet because he thought there would be other
areas where the road would have to go down to thirty
feet. He said if the road had to be widened in the
future, the Board would still have the taking and the
gravel base•:and it will not be so expensive.
Mr. Burnell said the Planning board should cone
up with a plan of Emerson Road through Lexington show-
ing
the widths.
000
Mr. MabeePlanningBoard's recommendation
said the
is thirty foot pavement, forty-foot gravel base and a
seventy-foot taking.
Mr. Burnell asked if the Planning Board thought the
thirty-foot width would take care of the traffic on
Emerson Road for fifteen years, and Mr. Mabee replied
in the affirmative. He said he thought this was the
best recommendation to the Board.
Mr. Burnell said he would go along with the
Planning Board's recommendation.
Mr. Brown said he would go along with the re-
commendation if it were something a little more specific.
Mr. Mabee said if there was thirty feet all the
way from Grove Street past Woburn Street, there will
be a subdivision between Woburn Street and Maple Street
and the Planning Board could require them to build it
the forty-foot width and there he would not oWct because
the Town had the taking which it did
Mr. Brown asked if Mr. Mabee was saying that from
Grove Street to Woburn Street would be satisfactory.
Mr. Mabee replied in the affirmative.
The Chairman asked if Mr. Carroll would like a
decision this evening regarding Grove Street, and Mr.
Carroll replied in the affirmative.
Mr. Cataldo, referring to the section from Woburn
Street to Grove Street, asked if there wculd be any
section where anyone would abk to have it forty-four
feet wide.
Mr. Carroll replied that he was not prepared to
say that it should end at Woburn Street and suggested
that possibly it should be East Street. He said he
would go along with thirty feet in the northerly part
of Town, including Grove StreL.t. He said he did not
think anyone would ask for forty-four feet fram East
Street up.
Mr. Burnell asked if it was understood that the
Planning Board would not require anything wider than
a thirty-foot pavement in any subdivision.
Mr. Carroll said for tonight , make it north of
East Street . He said when the time comes to widen
the road, in his opinion, there will be real problems
in trying to widen it out .
The group retired at 8:45P.M.
Hearing was declared open upon written complaint
of Mr. Derek Baker, 23 Ivan Street, against a dog owned
by 1i. klbert Hildebrand, 26 Donald Street.
Mr. Derek Baker, Mr.Albert Hildebrand and Mr.
Earl Outhet, 25 Ivan Street, wishing to give evidence,
stood, raised their right hands and swore that the evi-
dence to be given in this case would be the truth, the
336
MC
whole truth and nothing but the truth
Dog Officer, Michael Shaughnessy, was also present.
Mr. Baker said he regretted having to bring this
m tter before the Board of Selectmen and hoped Mr.
Hildebrand and he could have settled it, but Mr. Hildebrand
has never contacted him. He said his animal was killed
on his property and was tied. His only alternative was
to approach the Board. He said he was concerned for his
two children, one a year old and one three years old. He
said in spite of the fact this animal did kill his animal,
he is still loose and he was seen on his land by him, his
wife and Mr. Outhet . He said he wanted some guarantee
that his children would be safe on his property from
this animal. He said he was not prepared to ask that
the animal be destroyed, but he would like to have the
animal restrained and he requested the Board to take
whatever action necessary to restrain this animal, and
if this is not possible, to have himdestroyed.
Mr. Outhbt said he lived next door and also had
a little dog which he keeps tied. He said his wife
goes shopping and is afraid to tie the dog out when
she goes because they do not want the same thing to
hcp pen to their dog. He said he did not think it
would be an imposition for Mr. Hildebrand to keep the
dog tied.
Mr. Hildebrand said he has five children of his
own and has had this dog since he was a puppy, and he
has always been a good animal. He stated that the dog
is two years old now and is getting rambunctious. When
he first heard about the incident, he called his attorney
and insurance company and was told not to do anything he
shouldn't do. He reported that last night he put a stake
in the back yard of his house and has the dog chained and
woullpermanently restrain him in the back yard. He said
he did not know what aggravated the assault on the other
dog. He said he would, without being ordered, restrain
the dog on a chain because he breaks or chews through a
rope.
The Chairman said he had received the Dog Officer's
report and asked if he had anything further to report.
Officer Shaughnessy replied in the negative.
Mr. Brown asked if Mr.Baker would be satisfied
with Mr. Hildebrand's restraining the dog without an
order from the Board.
Mr. Baker replied as long as he is restrained, he
would be.
Mr. Hildebrand said he hoped the dog would not
break the chain, but if he did, he would ge a stronger
one. He said the animal is not vicious, but he would
keep him restrained.
Messrs . Baker and Hildebrand retired at 8:55 P.M.
041N"
"
The Chairman asked Officer Shaughnessy if there
had been other complaints, and he replied in the negative.
He reported that he has driven by the house several times
and has not seen the dog out.
Officer haughnessy retired.
Upon motion duly made and seconded, in view of the
information from Mr. Hildebrand and the Dog Officer, it
was voted to send a letter to Mr. Hildebrand stating that
the Board would accept his offer to voluntarily restrain
the dog, but if he does not follow through, the Board
will consider, upon receipt of another complaint, issuing
a restraining order.
The Chairman read a telephone message from Mr. EphrSsm
Weiss, 462 Lowell Street, a TownMeeting Member, protesting
against the procedure in calling a Special Election because
he felt there was insufficient time for candidates to file.
He told the Clerk if this was done with no malice, some-
thing should be written in the paper to explain the situ- Special
ation. Election
The Chairman explained that, upon beim petitioned
by citizens for an election, the Board must set the
date within forty-five days, and June 17 was the last
Monday within the forty-five days.
Mr. Carroll reported that he took bids on sidewalk
tractors and received a net bid of $5,537 from Davis Sidewalk
Tractor and a net bid of $5,194 from Cassidy, Lee, Inc. tractor
He said he has made arrangements to see the tractors
and will make a recommendation next week.
Mr. Carroll said he would like to discuss side-
walks with the Board next week. He plans to present
some recommendations and suggested that the Board review
the sidewalk budget for 1963.
Letter was received from Mrs. Charles P. Dow, 36
Winthrop xoad, requesting the installation of a street Street light
light at the corner of Winthrop and Sherburne Roads.
Mr. Carroll reported that he has taken care of
the request.
Petition from residents in the immediate vicinity
of the intersection of Meriam Street and Hayes Avenue, Traffic
requesting that Hayes Avenue be made a "Full Stop"
street both ways at Meriam Street, was referred to the
Traffic Study Committee.
Notice was received from the State Department of
Public Works, approving amendments tothe Traffic Rules
338 MC
and Regulations prohibiting parking on the southerly '
Traffic side of North Hancock Street from Bedford Street for a
Rules distance of 250 feet and on the northerly side of Ledgelawn
Avenue from Bedford Street for a distance of 50 feet.
Mrs. James Kelley's letter with reference to damage
to her property at 36 Rindge Avenue was held over.
Mr. Carroll reported that he and Mrs. Kelley had
Kelley reached an agreement whereby he would have the hot top
complaint removed and the area loamed and seeded. He explained
that it would be an inexpensive solution to the situ-
ation.
The Chairman read a letter from the Planning Board
stating that it is the Board' s opinion that the easterly
ebd of Pelham Road should be relocated so as to obtain
a better sight distance at its intersection with Massachu-
setts Avenue.
It is the Board's understanding that Pelham Road is
a town way to Bennington Road having been accepted as a
town way to this point in 1960. To provide what the
Board considers an acceptable second means of accesato
the westerly end of Pelham Road, the Board recommended
laying out as a town way that portion of Bennington Road
which is now a private way.
The Chairman said this recommendation should be con-
sidered for the Annual Town Meeting, 1964.
Mr. Carroll agreed tohave a layout prepared.
The Chairman read a letter from the Lexington Civic
Associaticn, Inc. , asking under what circumstances of-
ficials or employees of theTown may use motor vehicles
owned by the Town for their personal use.
Use of The Chairman said men in Mr. Carroll 's department
Mown cars have cars because they are on twenty-four hour call
but do not have them for their personal use and Mr.
Carroll agreed.
The Chairman said as far as he knew, Town officials
do not use cars for their personal use.
Mr. Burnell said the Police and Fire Chiefs use
Town cars so much - twenty-four hour call - he thought
it was difficult to differentiate between what might
be a personal errand and use of the car in the course
of business.
It was agreed to advise the Association that no
one is authorized specifically to ase Town cars for
persorsl business.
00(1
aav
Mr. Carroll reported that bids are heirg taken
for the construction of a gravel roadway into Baskin Baskin
playground and indicated the location of the road on a Playground
plan. He stated that it will cost approximately $9,000.
Mr. Carroll referred to the Compton Circle and
Peacock Farm road sewers and reported that Mr. Snyder,
36 Peacock Farm Road, Mr. Moldave, 6 Compton Circle
and Mr. Kriegman, 1. Compton Circle, have all been
contacted. He stated that Mr. Kriegman and Mr. Moldave
would like $500 in damages. The other two people have
not mentioned anything about damages but they do want
the Town to make a taking in both cases. He said he
would like to go ahead, make a plan and proceed with the
taking.
The Board agreed to his suggestion.
Upon suggestion of Mr. Cataldo, it was agreed to
invite Representative John Brox to meet with the Board Veto
next Monday night to discuss the subject of veto power
in relation to Route 3
Mr. Carroll retired at 9:15 P.M.
The Chairman read a report from Dog Officer Shaughnessy
relative to a written complaint received from Mr. Burt E.
Nichols, 9 Tufts Road, against Mr. J. Martignetti' s dog,
29 Fairbanks Road. Dog hearing
It was agreed to schedule a hearing to be held
May 27, 1963, at 8:30 P.M.
The Chairman read a letter from Mr. Donald K.
Irwin, Building Inspector, advising that he would
like to take hia vacation in the same manner as he Vacation
has in the past, by taking one day a week throughout
the summer, probably Fridays
The Board had no objection.
Invitation was received from the Veterans of
Foreign Wars to attend a Joint Installation of the Invitation
Lexington Post and its Auxiliary on Saturday, May 18.
Mr. Cole agreed to represent the Board and Mr.
Cataldo said he would also attend if it were possible.
Notice was received from the Middlesex County
Selectmen's Association relative to Ladles' Night
to be held at the Concord Country Club on Wednesday,
May 22.
' Appointment of a member to the Recreation Com-
mittee to fill the vacancy caused by Mr. Bertini 's Appoifrtment
resignation was held over.
340
c.
Mr. Legro arrived at the Meeting at 9:55 P.M.
Letter received fromJoseph P. Shannon, 32 Fairlawn
Lane, claiming damages in the amount of $217 for damage
Claim to his car which was involved in an accident with a
police cruiser, was referred to Town Counsel
Mr. Legro reported that there are a number of
cases in litigation. He stated that he had engaged
Mr. Norman J. Richards to try the case of Vitale
against the Town which is a sidewalk construction
Legal case and would like approval of the Board to work
Department with Mr. Richards or some trial lawyer He said
he would like to do as much of the trial work as
possible himself, but he cannot handle it all.
He said he would like general approval but
would mention specifically each ease as it comes up.
He explained that with the number of Appellate Tax
Board cases, the litigation that Mr. Stevens was
unable to complete, new litigation coming in, together
with routine work, it makes it impossible to do it all
in the work day.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to engage Mr. Richards, or some
trial lawyer, to assist him.
Mr. Cataldo asked if Mr. Legro would use Mr.
Richards all the time, and he replied that he would
like to whenever he can. In the event he will not
be able to get him, he has two or three other people
in mind.
Upon motion duly made and seconded, it was voted
to grant Taxi Driver Licenses to George W. Butters,
Licenses 21 Washington Street and Donald W. Jurek, 22 Marion
Road, Bedfor4 satisfactory character references
having been received from Chief Rycroft
Upon motion duly made and seconded, it was voted
Dump permit to grant a Yearly Dump Permit to Lawrence J. Broderick,
an Arlington Landscaper who does work in Lexington.
Upon motion duly made and seconded, it was voted
Sidewalk to sign an order for the construction of a sidewalk
in Marrett Road in front of house #387.
Upon motion duly made and seconded, it was voted
to sign orders for the construction of a sanitary
sewer in Munroe Road from Hudson Road a distance of
1055 feet, more or less, southwesterly to 120 feet,
more or less, southwest of Underwood Avenue; and
341
Hudson Road from Spring Street a distance of 1.67 feet,
more or less, southeasterly to 130 feet more or less,
southeast of Munroe Road. (Selectmen's feet,
Orders, '63)
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating, or voting on a matter which, Session
if made public, might adversely affect the public
security, the financial interest of the Town, or the
reputation of any person.
The meeting adjourned at 10:20 P.M.
A true record, Attest :
jecix�;;ivet ((lerki Solectme
I
X42
3C
wtC
SFT,RCTMEN'S MEETING
May 20, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, May 20, 1953, at 7:30 P.M. Chairman Cole,
Messrs . Cataldo, Brown and Burnell were present. Mr.
Gray, Executive Assistant, Mr.Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk,
were also present .
Mr. James J. Carroll, Clerk to the Board of Regis-
trars, met with the Board for the drawing of two jurors
Jurors The following individuals were drawn for jury duty:
Richard W. Chase, 111 Burlington Street, and Louis A.
Martineau, 516 Massachusetts Avenue.
Mr. Carroll retired.
The Chairman stated that Mrs . Garber, represent-
ing Temple Emunah, called the office and requested per-
mission to conduct a car wash, pony rides and the sale of
tonic on Sunday on property owned by the Temple and lo-
cated on Route 2. Chief Rycroft had been contacted and
was not opposed.
The Board had no objection.
Mr. Carroll referred to bids taken last week for a
sidewalk tractor and recalled that the low bid of $5,194
Tractor bids was received from Cassidy, Lee, Inc. and the second bid
of $5,537 was received from Davis Tractor. He reported
that he looked at both tractors, checked into the cost
of maintenance and recommended acceptance of the low bid.
Upon motion duly made and seconded, it was voted
to accept the low net bid of $5,194 submitted by Cassidy,
Lee, Inc. for a Case Model 310-E tractor.
Mr. Carroll reported that bids were received today
for construction of a small field on the Baskin Play-
ground. Deflice Bros. submitted a bid of $8,950 and
Baskin Dield Arthur Schofield, Inc . submitted a bid of $9,500. He
bid said he was well acquainted with Deflice Bros . and re-
commended that the contract be awarded to them. He ex-
plained the bid is under the appropriation.
Upon motion duly made and seconded, it was voted
to award the contract to Deflice Bros. , the low bidder,
at $8,950.
343
Mr. Carroll said he had funds in his budget to con-
struct an addition to the building at the Center Play-
grbund used by the Park Department for storage. He Building
submitted a plan prepared by Mr. Harry Erickson of a addition
9t x 22° addition and explained that he was limited
to a certain width by the side yard distance. He said
he has not decided whether to use Town help or to let
this out on contract.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to
locate a b. inch welded steel gas main in Lowell Street, Gas main
the proposed location having been approved by Mr. Carroll,
the extension to conform to his specifications.
The Chairman read a letter from Mrs . Audrey Hildreth,
97 Bedford Street, claiming damage resulting from a break
in the water main in front of her home. Claim
Mr. Carroll read a report submitted by Mr. Colella,
Assistant Superintendent, and said it is a question as
to whether or not the Town was negligeht in repairing
the break and stated that it was repaired within half
an hour.
Mrs. Hildreth' s cliim was referred to Town Counsel.
The Chairman read a letter from Mr. William S.
Emerson, 22 Thoreau Rodd, requesting the Town not to
spray his trees and stating that he prefers not to have
his place doused with DDT.
Mr. Carroll explained that the Town could not go
onto private property if the owners were opposed and
reported that some of the people in this area have Spraying
called and advised that they hoped the spraying would
continue . He said he has also received calls from
people who do not want spraying. He suggested that
the Board discuss the subject with Mr. Mazerall, Super-
intendent of Insect and Pest Control. He stated that
Mr. Mazerall is well versed in what materials should be
used and his men are very capable. He said the situ-
ation has reached the point where some people want spray-
ing and others are opposed, and he thought some opinion
should be obtained from Town Counsel as to the Town' s
responsibility. He explained that in spraying a street,
it is almost impossible to keep the spray from drifting.
He said Mr. Mazerall would prefer not to spray if he is
to be held responsible and Mr. Carroll told him it was
his responsibility to spray the trees along the streets.
He reported that there are about 5,000 public elm trees
in the town.
344
CETC4
It was agreed to refer the sub jBct to Town Counsel
and also to invite Mr.Mazerall to meet with the Board
next Monday
The Chairman read a letter from Julian S shni
ck,
L. Douglas Road, stating that he and some of his neighbors
are concerned about the traffic situation on Douglas Road.
He asked to have "Stop" signs placed at Douglas and Cooke
Traffic Roads.
Mr. Burnell reported that the Traffic Study Committee
held a meeting this evening, at which time this communi-
cation was discussed. He reported that these two roads
were also checked before the meeting and Chief Rycroft
agreed to have traffic counts made in the morning and
evening - going to work time and coming home from work
time - and will report to the Committee within two weeks .
It was agreed to advise Mr. Soshnick that the Com-
mittee has this under consideration and that it will be
necessary to have traffic counts made which will take
possibly two weeks
Upon motion duly made and seconded, it was voted
to amend the Traffic Mules and Orders in the following
form:
AMENDMENT TO THE TRAFFIC RULES AND ORDERS,
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN, MAY 20, 1963
ARTICLE VIII
Section 11 (Stop signs)
By adding to this section the following:
North and southbound drivers on Harding Road at Simonds Road
North and southbound drivers on Gleason Road at Simonds Road
North and southbound drivers on Dexter Road at Simonds Road
North and southbound drivers on Bertwell Road at Simonds Road
Northbound drivers on Preston Road at Simonds Road
North and southbound drivers on Blake Road at Simonds Road
Eastbound drivers on Preston Road at Simonds Road.
North and southbound drivers on Sherburne Road at Winthrop Road.
/s/ Otii_ S. Brown, Jr. Board
Levi G. Burnell of
Robert Cataldo Selectmen II
Adopted May 20, 1963
A true copy, Attest :
Hazel J. Murray
executive u.Lerk, Selectmen
affil
4-
' May 21, 1963
Then personally appeared the above-named Hazel J. Murray,
Executive Clerk, Board of Selectmen, and acknowledged the
foregoing to be her free act and deed, before me,
/s/ James J. Carroll
Notary Public
Term 2/26/66
Mr. Carroll said he was most concerned about the
Grove Street sidewalk and reported that Mr. Clifford
Birch, 31i. Grove Street, told him the people on Grove
Street were willing to grant easements and he advised
him that this would be considered when the time came.
He explained that the section of sidewalk from Burling-
ton Street to the Estabrook School will eliminate
twenty-nine bus riders.
He stated that if the Board is considering the
Fern Street sidewalk, the street should be relocated,
which involves two houses.
Mr. Burnell asked if Mr. Carroll had a solution
to Fern Street. Sidewalks
Mr. Carroll replied as far as he is concerned,
the only solution is to build the street which in-
volves removal of two houses and as a rough estimate,
it would cost about $1.0,000 without any land taking.
Mr. Burnell referred to the Maria Hastings School
and asked if at one time a recommendation was made to
do some work on the easterly side of School Street.
Mr. Carroll said if the Board would authorize
him this evening to do Grove Street, he would then
obtain a more definite recommendation from the School
Department . He saidhe could advise the School De-
partment that the sum of $30,000 has been committed
to Grove Street and ask for a priority list beyond
this and tell the department to figure approximately
$4.00 a foot, measure these out and advise what streets
they want sidewalks constructed and why.
Mr. Burnell asked if referring this to the School
Department was the correct way to handle it. He asked
if the Board didn't have a long range program, giving
preference to sidewalks on major highways. He said
he did not think asking the School Department to sub-
mit a list was the way to do it.
Mr.Carroll stated the only way to evaluate the
need for sidewalks was through the School Department.
He suggested that perhaps the department should be
asked for complete information on the sidewalks re-
quested so the Boa d could then determine where to
346 1.,
ml
C-
build them. He stated thatstthe present time, the
Town is building side:aalks for children going to and
from schools, and it has to depend on the School De-
partment to a great extent for the information needed.
Mr. Burnell pointed out that the School Department
changes its pattern from time to time, and therefore
it seemed to him that the Public Works Department should
plan sidewalks taking care of the major highways first.
He said sidewalks are not needed in neighborhood areas.
Mr. Cataldo observed that some streets such as
Oak Street will never change.
Mr. Carroll asked about a decision relative tothe
Grove Street sidewalk .
Upon motion duly made and seconded, it was voted
to approve an expenditure of $30,000 for the construction
of a sidewalk on Grove Street from Burlington Street to
the entrance to the Estabrook School and from Gould Road
to Coach Road
The Chairman asked what the Board wanted to do rela-
tive to Mr. Carroll approaching the School Department
and Mr. Cataldo replied that the department should be
asked for figures and not recommendations, and the Select-
men should then consider the streets that are most
da ngerous for travel by children.
The Chairman suggested, and the Board agreed, that
Mr. Gray and Mr. Carroll contact the School Department,
and following a conference on the subject, submit facts
and figures to the Board.
At 6:15 P.M. , Representative John Brox met with
the Board, at the Board's invitation, to discuss veto
power as it pertains to the proposed construction of
Route 3.
Mr. Brow reported that Cambridge, Somerville, Medford,
Malden, Saugus and Springfield now have veto power. He
explained that no funds can be expended for new highway
construction in these cities and towns unless approved
by them.
The Chairman said the Board thought it would be
desirable for Lexington to have the veto power.
Mr. Brox explained that the Act would have to
be amended, which would call for a new bill unless
the Governor submits a new bond issue this year and
the new bond issued amended as it was amended in 1961.
He said he was not sure whether that amendment applied
only to the money in that particular bond issue or not.
He said he did not vote for these amendments when the
matter was before the House. He said it might be very
difficult to have an amendment submitted and accepted
a
on a new bond issue if there is to be a new bond issue,
but it would have to be on a new bond issue. He said
at this time of year, he would not file a late-file bill.
He said he understood the whole thing is going to be
challenged because it is felt to be discriminatory. He
stated that the cities and towns, that do not have this
privilege, the Department of Public Works, and the
Bureau of Public Roads, are going to challenge it.
The Chairman stated that the Board is looking for
any kind of relief possible.
Mr. Brox said that at a hearing held by the De-
partment of Public Works, Mr. Ricciardi was asked if
this privilege would be extended to other cities and
towns that do not have it, and he answered in the af-
firmative. He suggested that the Board let him ex-
plore this and see what he can accomplish, and if there
is going to be a new bond issue, see if he could get
an amendment on that new issue. He said the first
thing he would do would be to talk to Mr. Ricciardi
Mr. Brox retired at 8:28 P.M.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
May 13.
Upon motion duly made and seconded it was voted
to appoint Mr. Robert E. Bond, 6 Demar toad, to the
Recreation Committee for a three-year term expiring Appointment
April 30, 1966, replacing Mr. Benedict Bertini, who
resigned.
Letter was received from Mr. Donald R. Grant
submitting his resignation as a Trustee of the Bridge
Charitable Fund. Resignation
Upon motion duly made and seconded, it was voted
to accept Mr. Grant 's resignation with regret.
Upon motion duly made andseconded, it was voted
to appoint Mr. Lawrence A. 'ullivan, recently appointed Appointment
to the Trustees of Public Trusts, a Trustee of the
Bridge Charitable Fund for an unexpired term ending
March 31, 1966.
The Chairman read a letter from Mr. William Roger
Greeley asking if there is any way the Board of Selectmen
can grant licenses to serve liquor with meals to certain
Inns of proven competence, with particular reference to
The 1775 House. Liquor
The Chairman stated this question comes up on the
ballot every two years, and if a majority of the votes
are in the affirmative, it is then up to the Board to
grant such licenses.
348
Comi
There seemed to be some misunderstanding as to
the number of licenses, in the event the Town voted
in the affirmative, and it was agreed to obtain an
opinion from Town Counsel.
The Chairman read a letter from the School De-
partment relative to tickets for the Graduation Ex-
'Graduation ercises at the High School on June 12.
Mr. Gray was requested to check with the depart-
ment heads to find out who might desire tickets.
Upon motion duly made and seconded, it was voted
to proclaim the week of May 27 as United Fund Agency
Thank You Week.
Further consideration was given to Mrs. Thomas
Delfino' s offer of $50 for Lot Li., Block 88 Reed Street.
A proposal to sell this lot was advertised in the May 9,
1963 issue of the Lexington Minute-man. No one con-
tacted the Selectmen's Office as a result of the ad-
Tax title vertisement.
Upon motion duly made and seconded, it was voted
to sell and convey Lot 4, Block 88 to Mrs. Theresa
Delfino fof $50, plus a sewer betterment in the amount
of $113,36, subject to the provisions that lot 4 be
combined with lots 1, 2, and 3 to make one lot.
A questionnaire from the Boston Broadcasters, Inc.
was referred to Mr. Gray.
Upon motion duly made and seconded, it was voted
to grant permission to The Lexington .Fire Fighters
Use of hall to conduct a Record Hop in Cary Hall on May 31, 1963
from 8:00 P.M. until 11:00 P.M. , subject to the usual
provisions.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver License to Lawrence B. Sullivan,
8 Warren Street, satisfactory character reference having
been received from Chief Rycroft.
Upon motion duly made and seconded, it was voted
License to deny Mr. John J. Barbiers' application for a Taxi
Driver License, Mr.Barbiers being under twenty-one
and does not have a Driver's Education Cerfificate.
Upon motion duly made and seconded, it was voted
Warrant to sign the Warrant calling a Special Election for
Monday, June 17, 1963.
349
Upon motion duly made and seconded, it was voted
to sign a Sidewalk Order for the construction of a Sidewalk
sidewalk in front of house #20 Winthrop Road. Order
Mr. Gray referred to Dr. Howard Smith' s offer of
$700 for lots 59 and 60 on Ivan Street and reported
that he had received an appraisal of $3,800 to in-
clude betterments totaling $756. He recalled that the
Planning Board has no objection to selling the lots Tax title
but recommended that they be combined to make one
building lot.
Upon motion duly made and seconded, it was voted
to entertain an offer of $3,800, betterments included,
subject to the provision that the lots be combined into
one building lot
Mr. Gray referred to Mr. Francis K. Morse, Attorney
for Alfred Iodice, offer for tax title lots (22. .. 28, irc. ,
Marvin Street, and reported an appraisal figure of $1,000.
Upon motion duly made and seconded, it was voted Tax title
to entertain an offer of $1,000 subject to the provision
that the lots be combined with existing lots owned by
Mr. Iodice.
Mr. Gray reported that Mr. Frank E. Peters, of
the Hunt 's Three Ring Circus, came in with a letter
requesting permission to exhibit in Lexington for one
day, giving an afternoon and night performance, pro-
viding suitable grounds are available. Circus
Mr. Gray told him if he found a sponsor and also
a location, he would present the request to the Board.
Mr. Gray's action in the matter was approved.
Mr. Brown referred to a complaint registered by
Mr. Zeller, Bryant Road, about the debris left by
DeVries Construction Co. He submitted snapshots taken Complaint
by Mr. Zeller that indicated Mr.DeVries has been dump-
ing there. He suggested that Mr.Carroll, who has had
dealings with Mr. DeVries, contact him and ask to have
,,he area cleaned up
A group of residents from Middle Street came into
the meeting and the spokesman, Mr.James J. Buckley, Jr. ,
46 Middle Street, asked what the Board has done or in-
tends to do about the discolored water.
Mr. Carroll explained that installation of a 24" Complaint re
water main has caused a reversal of flow in the area water
that has stirred up the rust in the pipe that was laid
in 1913. He reported that from the date water was put
a0
through the 24" line, he has had complaints and he has
been continually flushing the line. Recently he con-
tacted Whitman & Howard and was advised to flush these
lines at a high velocity and let it go for a number of
hours. This was done last Thursday night in Middle
Street and Cary Avenue for about five or six hours.
The next day the water was clear but shorty after, it
was bad again. He explained that he had a man out last
night and concentrated on Middle Street but the water
was rusty again. He reported that Mr. Moloy is out
tonight and Mr. Carroll was also going up this evening
and flush all night. He stated that the Whitman &
Howard representative told him the only remedy is to
get the water flowing through the main at a terrific
high velocity. Mr. Carroll also contacted the MDC
and will have them take samples of the water in Middle
Street . He said he personally was sure the water
was not unhealthy, but to relieve peoples ' minds , he
will have tests made. He reported that he had a sample
from Downing Road tested and there is nothing wrong with
the water but it does have a color.
Mr. Carroll stated that he is doing everything that
he can think of to solve the problem. He said if what
he does tonight doesn't work, he will Shave the repre-
sentative from Whitman & Howard come out and work with
him on the problem. He explained that a phosphate
treatment is being put through the lines but this does
take time.
Mr. Buckley, who stated that he knows something
about water, discussed the subject and asked Mr. Carroll
several questions.
Mr. Carroll informed the group that he is doing
everything possible to correct the situation.
Mr. John F. Cogan, 29 Patterson Road, was present
at the meeting and said for two weeks he has read about
the Town Election and had some question as to the pro-
priety and reason for the election. He said he knew,
having read the reports, there was some disagreement
among the Board members as towhether or not an election
should be held. He stated he was taking issue of calling
an election when there was not appropriate time for
candidates to take out papers and said the election was
called for a date on which there was no opportunity for
nominations . He said he understood one of the Selectmen
was helping someone file so he did not think it was a
predetermined result, but would like some assurance that
this would not happen again.
The Chairman explained that the Board received a
351
petition dated May 6, and the law provides that the
Board must, in forty-five days, call an election. He
explained that it has been customary to hold elections
on Mondays and the last Monday fell on the forty-second
day, which was June 17. He stated that the Registrars
have to certify the signatures and this is done twenty-
eight days before the election which takes it back to
May 20, and the closing date for nominations, May 13.
He explained that normally this would have been all
right, but at the last Town Meeting, a statute was
accepted whereby the final date of obtaining nomination
papers shall be forty-eight week day hours prior to the
day on which the papers are required to be submitted to
the registrars for certification. He said it was un-
fortunate that this slipped everyonets mind, but the
statute was in effect and Mr. Carroll did not forget it.
He said he doubted if this situation would ever happen
again.
Mr. Hogan said he could see no reason to spend money
to hold an election that is not an election .
The group retired at 9:20 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating, or voting on a matter which, if
made public, might adversely agfect the public security, Executive
the financial interest of the lown, or the reputation Session
of any person .
Following discussion with Mr.Carroll pertaining
to matters of his department, it was voted to resume
the open meeting.
Mr. Carl Blake met with the Board relative to Route
3 and stated last year the Town Meeting Members Associ-
ation formed a committee of three, of which he was Chair-
man. The committee was charged withthe duty of looking
into Route 3, obtaining information and reporting back
to the Association. They started by working with the
Green book, had a number of safaris to different places,
visited the Maguire Associates, conferred with Chief
Rycroft and the Fire Chief. He said after they got into
this, they concluded that the day to day decisions on the
disposal of Route 3 will be of a political nature. He
stated that he thought he could build a case to convince
the Board that acute 3 will not end where it is now. He
said greater depth in the legal area is needed, what the
rights of petition are, and what can be done through the
General Court.
Mr. Blake said he would like to have the legal and
technical areas pursued and felt the Town would be well
352
Cr
disposed to put some of its tax money into a study.
He said he hoped a committee, or subcommittee, could
be formed, and ffiat this committee would have money
with which to engage legal counsel. He also had a
list of people who want to be helpful.
The Chairman explained that the Selectmen have
tried, in conjunction with the Planning Board, to
obtain as much information as panible, and he was
in favor of having some committee follow this through.
Mr. Burnell said it was most helpful tohave a
committee like this that has the backing of the Town
Meeting Members, that the Board is very much concerned
and is working on this continually.
Mr. Cataldo said he would like to work on the
committee if one is formed, but questioned the wisdom
of going out in so many different directions. He sug-
gested that the board wait to hear from Representative
Brox.
The Chairman said Mr. Blake is looking for leader-
ship now, and he thought the Board should provide it.
Mr. Cataldo agreed that the suggestion had much
merit but said he thought very serious consideration
should be given to appointments to the committee.
Mr. Carroll left the meeting at 10:35 P.M. to
attend the Planning Board meeting.
Mr. Burnell asked if the Board agreed that a com-
mittee should be organized.
The Chairman said he thought the Board agreed, and
when it has more time than is available this evening,
it would give thought as to who is to serve on the com-
mittee. He told Mr. Blake that the Board would contact
him.
Mr. Blake retired at 10:40 P.M.
The Chairman read a letter from Louis Green, at-
torney for Girrac Realty Trust, relative to the Board' s
letter notifying the Trust of a trunk sewer easement
Sewer ease- taking.
ment - The Chairman also read a letter from Mr. Legro
Carrig suggesting that the Board acknowledge receipt of the
letter and state that an appointment will be set in the
near future. Mr. Legro felt that within two or three
weeks, additiohal information will be available to per-
mit a more useful discussion.
Mr. Legro arrived at 10:40 P.M.
Upon motion du_y made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating, or voting on a matter which, if made
public, might adversely affect the public security, Executive
the financial interest of the Town, or the reputation Session
of any person.
Following discussion of the Evans' report and
Board meeting procedure, it was voted to resume the
open meeting.
Mr. Legro referred to Mr. Gray' s discussion with
the Board on May 13, 1963, relative to an agreement
between M.I.T. and the Town to pay $12,500 a year in
lieu of taxes while the land was in M.I.T. ' s name. M.I.T.
He reported that M.I.T. conveyed, on May 1, 1963, lots agreement
1 and 2 on Wood Street to the United States of America
and there should be no problem on the proposal dis-
cussed by Mr. Gray at the meeting of May 13.
Upon motion duly made and seconded, it was voted
to authorize Mr. Gray to follow this through and see
that the money is collected.
The meeting adjourned at 10:55 P.M.
A true record, Attest:
,E`xecutive ierky Seleetmer
L6�
aa4
SELECTMEN'S MEETING
May 27, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Reom, Town Office Building,
on Monday, May 27, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Brown and Cataldo were present. Mr.
Gray, Executive Assistant, Mr. Legro, Town Counsel,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, 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 five
poles, guy wire and anchor on the Cambridge-Concord
Highway.
Mr. Serverson, representing the Boston Edison
Company, and Mr. Dunne , representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing.
Pole Notice of the hearing was mailed to the peti-
location tioners, owners of the property as listed on the peti-
tioners' plan and also filed with the Assistant Town
Engineer.
Mr. Serverson explained that the poles are needed
to supply service to the new Temple Emunah located on
the Cambridge-Concord Highway.
No one wishing to speak in favor or in opposition,
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 poles, guy wire and anchor location:
Cambridge-Concord Highway, south_.rly side, easterly
from a point approximately ]48 feet south of
Blossom Street, --
Five poles, guy wire and anchor on fifth pole.
Mr. Carroll referred to a letter received by
the Board from Mr.Louis Green, representing Mr. Carrig,
Appraisal in which he requested a meeting to discuss the taking
of Girrac of a sewer easement on property owned by Girrac Realty
land Trust. He reported that he had received an opinion of
value from Mr. Harry Berglund and presented the Chair-
man with a copy.
415
A letter from Mrs . William Hildreth, 97 Bedford
Street, with reference to a broken water main in front
of her house, was held over from the last meeting of Claim
the Board.
Mr. Legro reported that he asked for, and received,
a report of the circumstances from Mr. Carroll. He
said he thought, from his investigation of the report
he received, it did not indicate any liability on the
part of the Town
Upon motion duly made and seconded, it was voted
to refer the claim for damages to Town Counsel.
The Chairman read a letter from Mr. Earle M. Cleaves,
19 Grove Street, enumerating several items which he
claimed damaged his property.
Mr. Carroll stated that he was very familiar with
the situation. The house was built by Mr.Joseph , ;
Chisholm and there was a hydrant in front of the drive-
way which was moved at Mr. Chisholm's request . Mr.
Chisholm built the driveway and Mr. Cleaves called Mr.
Carroll about it and hetold him to go back to the
builder as it was his responsibility. Mr. Carroll sug-
gested at the time that the driveway be humped up. He
said, as far as what damage was done to the property by
the Stevens Construction Co. in connecting the subdivision
road, he did not think the Town was responsible. He ex-
plained this is a private contractor working for Green
and White, and Mr. Cleaves gave him written permission to
place the footing for the wall whch actually benefits
his property He said the wall is not completed, but
again the Town is not responsible, and he did not think
the Town was involved in any way.
It was agreed to advise Mr.Cleaves that the Board
had received a report from Mr. Carroll and incorporate
it in the letter.
The Chairman read a letter from William G. Young,
1]4 Pleasant Street, stating that a dangerous car speed-
ing condition exists on Pleasant Street. He felt that Traffic
signs should be erected designating ch ldren in the area
and a speed limit of fifteen miles per hour.
It was agreed to refer the letter to the Traffic
Study Committee.
The Chairman read a letter from Mr. James L. Jenks,
Jr. , 12 Myopia Hill Road, Winchester, concerning the
traffic intersection of Winchester Drive, Lowell Street
and Route 2A. Traffic
Mr. Carroll reported that he had received approval
from the State for traffic lights and about two weeks
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44
ago, he wrote them. He stated the funds have been re-
ceived
and it is expected that construction will start
within a couple of months.
The Chairman read a letter from Mr. B. Khanna,
Panjab Universttr0 Ctmdigarh, India, seeking help in
recovering three paintings he had mailed to 5 Bryant Road,
Lexington, with his application for the post of technical
illustrator, creative artists, etc., advertised in the
Hindustan Times.
The Chairman said that officially this was a matter
over which the Board had no control.
B. Khanna's Mr. Cataldo suggested that someone from the Board
paintings could go to 5 Bryant Road, unofficially, and see what
could be done.
Mr. Legro suggested that the Board acknowledge the
letter, sting it is not a function of the Board to
act in private matters.
Mr. Brown suggested referring the communication to
the Chamber of Commerce.
Upon motion duly made and seconded, it was voted
to refer the letter to the Chamber of Commerce and
also advise Mr. Khanna to this effect .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on May 20, 1963.
Upon motion duly made and seconded, it was voted
Appraisal to approve Mr. T. H. Reenstierna's bill of $200 for
fee appraising tax title lots 59 and 60 Ivan Street, and
lots 62-64 Marvin Street.
The Chairman read a letter from the Memorial Day
Committee inviting a member of the Board to partici-
Memorial pate in the observance of Memorial Day by reading a
Day proclamation on the Common, Thursday, May 30, at
10:30 A.M.
The Chairman said he would represent the Board.
The Chairman read a letter from the Lexington Lodgeu
of Elks inviting the Board to Flag Day Ceremonies
Flag Day on June 14 at 7:00 A.M.
Permission was requested to use the Battle Green
at 7:00 A.M. for flag raising exercises also at 8:30
P.M. for a concert to be given by the 18th U.S. Army
Band, music for the morning parade, and to sell flags from
a vehicle to be parked in the center on Saturday, June 8,
and on Flag Day, June 14.
Permission was granted for the entire program re-
quests.
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver licenses, satisfactory
character references having been received from Chief License
Rycroft: Richard W. McLellan, 27 Gleason Road.
Upon motionduly made and seconded, it was voted
to reappoint Dr. William L. Cosgrove to the Board of Appointment
Health for a three-year term expiring June 1, 1966.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating, or voting on a matter which, Session
if made public, might adversely affect the pbblic
security, the financial interest of the Town, or the
reputation of any person.
Mr. Paul Mazerall, Superintendent of Insect Pest
Control, met with the Board.
Mr. Mazerall presented each member of the Board
with excerpts from Chapters 21, 132, 40 and 266 of
the General Laws relative tothe Division of Forests
and Parks.
Following a brief discussion, it wa:. voted to
resume the open meeting.
The Chairman read 1"1r. William Emerson's letter,
held over from the last meeting of the Board, request-
ing the Town to refrain from spraying his trees.
He also read a petition, signed by twelve rest- Spraying
dents of Alcott Road, and a petition, signed by thirty
residents of the Burnham Farms' area, expressing ap-
proval of the Town's spraying program.
Mr. Mazerall explained that his spraying program
begins with the elm trees and he tries to spray all elms
in Town, both private and Town owned. He said it is
his feeling that if the Town does not spray, the Dutch
Elm disease cannot be controlled. Last year, there
were fifteen diseased elms, and this year, it appears
that there will be less. He reported that towns not
doing as much spraying as he does, do not control the
disease.
He stated that the next spraying is for tent
caterpillar, if it is necessary and it is certainly
necessary thisear because theyare defoliatin wild
cherry trees, apple trees and the foliage trees. This
year he is using a new material called Sevin recommended
by the Waltham Field Station and the Amherst University.
He reported that he has had numerous callsfor
spraying birches and explained that birch trees not
sprayed break in the winter .
He then sprays oaks for canker worm and if this
is not controlled, it defoliates the Oak. This year,
he has not had too much of a problem with the Oak trees.
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He then sprays leaf elms and after that, he proceeds
with his regular leaf spray, which includes insects and
beetles
Mr.Mazerall stated that there are two materials
on the market recommended by the Field Station and every-
thing he uses is recommended by the Field Station and he
felt he was using what he should be using. He said they
recommend Sevin for birch and oak and the toxity is very,
very low, but the cost is about four times more than DDT.
The Chairman read Section 8, Chapter 132 of the
General Laws and Section 11 of the same Chapter, which
he explained defined Mr. Mazerall's duties.
Mr. Mazerall said he is trying to eliminate spraying
as much as he can and his program is approved by the
Field Station and Amherst University. He also reported
that this fall he is going to school.
Mr. Francis Worrell, 22 Revere Street, said there
was spraying to protect shade trees and spraying against
nuisances, canker worms and mosquitoes. He said there
is not much excuse for a questionable program to be
carried on so people don't have to slap mosquitoes which
is a poor excuse if the spraying is carried on just for
people's convenience. He said the present spraying
program in the country seems to be that the sprays are
presumed to be safe until they are proven unsafe. He
stated that the insecticides have not been proven to be
safe and there is evidence that they are not safe. He
said the evidence is not certain, but it is there and if
there is any doubt about thessfety of the spray, it should
not be used.
The Chairman asked if Mr. Worrell was referring to
the safety to humans, and he replied to humans and animals.
He said one could not take something that is supposed to
be a cure-all without investigating what the consequences
may be. He said it is shortsighted in the face of all the
evidence to embark on a program which has dubious merits
and may be very dangerous.
Mr. Edward Wilson, Munroe Road, said the President's
advisory committee just released a report which is a sharp
warning. The main impact of the report is that people are
extremely ignorant of the long range effect of those in-
secticides. He said one should balance the immediate
gain one might get out of comfort of short duress against
as yet unknown negative quantities. He suggested serious
caution be introduced in the spraying program, and recom-
mended limiting the spraying to where it is absolutely
needed. He asked the oard to consider eliminating the
program against nkisances such as the Oak leaf.
Mr. Rdlbert Soule, 10 Hancock Avenue, said he would
like to second what Mr. Wilson stated and thought some
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real experts should be obtained to discuss the subject
with the Board or beher departments.
The group retired at 8:40 P.M.
Hearing was declared open upon written complaint
of Mr. Burt E. Nichols, 9 Tufts Road, against a dog
owned by Mr. J. Martignetti, 29 Fairbanks Road.
The Chairman read Mr. Nichols ' letter and the
report submitted by the Dog Officer
All persons desiring to give evidence stood,
raised their right hands and swore that the evidence
to be given in this case would be the truth, the whole
truth and nothing but the truth.
Mr. Nichols said it was clear to him that the dog
did break into the hutch. He reported that Mrs.
Martignetti and Mrs. Kelly have indicated that the dog
did break into the hutch and the rabbit was found in the
dog's mouth. He said the dog has not been restrained
since the attacks on May 22 and 29, and was free May 8,
9, and 19. He said there was a third attack last Friday,
May 24. He said when he came home from work Keno was
there, had broken the wire and was trying to get to the
rabbit. He chased him away but he was in the area for
an hour afterward He said he did not wish to ask that
the dog be restrained or put away, but that theBoard
require Mr. Martignetti tokeep him restrained so he
cannot enter his property. He said he was keeping the
hutch in the garage, but would like to return it to the
fenced-in area where it has been.
Mr. Brown asked how long Mr. Nichols had the rabbit
and he replied he obtained it at Easter and it was eight
weeks old.
Mr. Gray, 15 Tufts Road, said it is time someone
brought this to the oard's attention and he should have
done so long ago. He said he has been to the Martignetti 's
home complaining about the dog chasing his dog. He said
the dog attacked him last Thursday night and his daughter
on Friday night . He said ha did not want the dog put
away but felt he should be kept tied.
Mrs. Nichols said she does not work full time, only
Monday and Tuesdays until three. She said many of the
children will not go by this dog and on Friday from four
until six, the dog was in her yard and she asked the
Martignetti boy to take him home because he was bothering
the rabbit all afternoon. She said the neighbors do not
like the dog but are not willing to say so.
Mr. Gray said when the dog is with the older boy
or Mr. Martignetti, he is all right and well behaved,
but the younger boy seems to provoke a lot of this trouble.
"60
Mr. Martignetti said he did not know too much about
dogs and rabbits, but he does know something about his
own dog. He said he did not think it was unnatural for
a dog to eat a rabbit . He said he has a very find dog
who has been to obedience school, obeys orders and heels
very well, extremely well trained. He said he was sorry
if the neighbors have been caused any inconvenience but
he failed to hear anything that indicated his dog is
vicious. He stated he has had the dog for three and a
half years and he has never harmed the children. He
explained that the dog is very large and said he should
not be penalized for this. He presented twenty-two
signatures of neighbors which he said would bear out
what he was trying to tell the Board. Mr. Martignetti
said he would not like to restrain the dog, but if there
was a motion to restrain every other dog in the neigh-
borhood, he would be willing to restrain his. He said
dogs fight and he ham seen Mr. Gray's dog attack his
dog, and there are inconveniences everyone has to put
up with as far as dogs are concerned.
Mr. Gray said his dog weighs only twenty-two pounds.
Mr. Cataldo asked if Mr. Martignetti had offered
to make restitution, and he replied that he had offered to
buy another rabbit. He said that there is no evidence
that his dog invaded the hutch, although he was not
denying it .
Mr. Thomas Kelly, 31 Fairbanks Road, said he agreed
with Mr.Martignetti. He said Keno did attack his
rabbit hutch with three other dogs and dogs are attracted
bar rabbit hutches. He stated that the dog has been a
good companion to his own children and is not a danger
to the neighborhood.
Mr. Nichols said many neighbors did not sign Mr.
Martignetti's petition and many of them are dog owners.
He said there are other dogs that have never attacked
or bothered the rabbit.
The Chairman asked Mr. Ggay if the dog attacked
him and he replied that last ahursday night, the dog
came flying at him and he hit him with a club. He
said he has chased his dog right through the screen
door.
Mr. Cataldo asked Mr. Nichols how many people
would not sign Mr. Martignetti ' s petition and he
replied he knew half a dozen who did not sign it .
Mr. Martignetti said he was sure most neighbor-
hoods would be better without dogs.
Mr. Brown asked Mr. Gray if anything was ddne
that might have provoked the attack the other night,
and Mr. Gray replied in the negative.
The Chairman said the Board would take the matter
under advisement and inform Mr. Nichols and Mr. Martignetti
006
of its decision.
9:05 P.
TheM.hearing was closed and the group retired at
It was agreed to advise Mr. Martignetti that the
Board, upon evidence submitted and testimony given,
decided not to issue a restraining order, but any sub-
sequent complaints could result in the issuance of an
order restraining the dog.
Mr. and Mrs. John J. Kang, 15 Constitution Road,
met with the Board. Mr. Carroll, Superintendent of
Public Works, returned to the meeting.
Mr. Kang stated his problem was an overcharge for
the sewer connection from the house to the Town sewer
line. In the analysis of the bill which was sent to
him, he discovered that he is being asked to pay the
repair bill for some faulty construction of the sewer
line. He said in making the connection, it was neces-
sary for the Town to use sixty-seven tons of stone and
gravel to fill the cavity around the sewer line in the
channel trench dug under the street. As a result of that,
it entailed extra labor amounting to $225 and also the
extra use of machinery which amounted to about $128.50.
Mr. Kang said he felt he was obliged to pay for the regular
connection cost but the extra charge, in his estimation,
was entirely due to some faulty original construction of
the sewer line. He said if there is an unconnectable
sewer system, it should be the responsibility of the
Town and should not be passed on to the user of the
system. He stated that, as a user, he has already been
billed for the sewer betterment assessment, $753.26, and
he expects tohave a connectable connection. He said
the discovery of the deficient construction work was
just a matter of accident. He said this deficiency
would show up sooner or later as it had been evidenced
by the later cave-in of the street . He presented a
number of snapshots which he sal1 were to show the
many cave-ins, not only at the spot of the connection,
but also above the connection. He stated that one
cave-in was so serious it happened in the afternoon and
he had to notify the Police Department to put up flash
lights, etc. He said two of the pictures showed, as
far as the work from the house was concerned, there was no abnormal
situation.
Mr. Brown asked what Mr. Kang would consider a
normal bill for a connection, and he replied that the
estimate was $300 and it has been paid. He stated
that the cost to other ppople on the street was not
more than $300.
Mr.Kang said this was just a connection.
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Mr. Carroll stated that he could see no reason
why the bill is not justified. He reported that he
did not see the sewer connection being put in, but Mr.
Colella did. The foreman said the ground at the
street was very wet and they had to use the stone.
There was water coming down the street continually
and it was necessary to use pumps. Mr. Carroll ex-
plained that it is common to estimate a sewer service
and charge more because they run into something un-
usual and stated that if estimates are made too high,
people do not want to pay them. He said they try to
make the estimate as close to the cost of what they
think the service will be. He has talked to the
people at the job and cannot see that the bill is un-
reasonable. He stated that Mr. Kang has a valid argu-
ment to say he would not have had the service if he
knew it was going to cost this much. He said Mr. Kang
has a brand new driveway for which he was not charged
and the yard was loamod and seeded.
M_ . Carroll explained that the trench was put in
late last fall by Gil-Bern and did go two or three
times but there is nothing deficient about it.
The Chairman asked if there was any overtime on
this and Mr. Carroll replied in the negative.
Mrs. Kang said they were working at night with
the lights on when they were putting the connection in.
Mr. Carroll said it was possible they had to work
at night to finish up
The Chairman said that the Board would take the
matter under advisement.
Mr. Old Mrs. Sang retired at 9:20 P.M.
Both Mr. Carroll and Mr. Gray stated the charge
was justified.
Following a discussion of the subject, it was
Abatement moved and seconded to abate the sewer connection charge
in the amount of $178.00.
Mr. Carroll and Mr. Legro retired at 9:30 P.M.
Mr. Gray read a letter from Robert K. Jeremiah,
Wire Inspector, requesting permission to work as a
Journeyman for the electrical contractor, Hixon Electric,
doing work on the High School, and the appointment of
Mr. C. W. MacWilliams, the Concord Wire Inspector, to
Wire inspect the work on this job.
Inspector Upon motion dulymade and seconded, it was voted
to grant Mr. Jeremiah permission to work for the
Hixon Electric and to appoint Mr. C. W. MacWilliams
as Substitute Inspector for this particular job.
1
363
An offer from Mr. Milton Hodgdon to purchase
several tax title lots on Asburyand Freemont Streets Tax title
was held over.
Mr. Gray stated that Mr. John Campbell came in
and complained about not being able to use the dump.
He apparently borrowed a truck to take some rubbish
and debris to the dump but the attendant refused to Dump
allow him to dump it because he did not have a permit.
Mr. Campbell thought he should not have to pay for a
permit, and Mr. Gray told him he would present his
complaint to the Board.
The Board felt no exception to the rules govern-
ing the use of the dump should be made.
Mr. Gray read a memo he had sent to the Planning
Board relative to revamping of the C-i zone and also
read the Planning Board's reply.
Mr. Cataldo said he thought the Planning Board
should be invited to meet with the Selectmen to dis- C-1 zone
suss the subject.
It was agreed to invite the Planning Board to
next Monday's meeting at 9:00 P.M. to discuss the
possibility of presenting the C-1 zone regulations
at a fall Town Meeting.
Upon motionduly 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 Executive
made public, might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person.
Certification of characters of persons who applied
to the Secretary of State for a Certificate of Incorpo-
ration, to be known asthe Lexington Civib Association,
Inc . , was discussed
Upon motion duly made and seconded, it was voted
to resume the open meeting.
The Chairman mentioned appointment of a so-called
Route 3 Committee. It was tentatively agreed to include
Messrs. Cataldo, Brown, a member of the Planning Board,
Mr. Pearlman and Mrs Riffin The Chairman also sug-
gested Mr. Logan Clarke and Mrs . Mary Lou Tuart . Actual
appointment of the committee was held over until the
next meeting.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
364 ,,5
deliberating, or voting on a matter which, if made IIxecutive public, might adversely affect the public security, the
Session financial interest of the Town, or the reputation of
any person.
Following a discussion of new equipment for the
Selectmen's Department, town radios, and operating
procedure of the Fire Department, it was voted to
resume the open meeting.
The meeting adjourned at 10:50 P.M.
A true recbrd, Attest:
e /tiv2 Clerk Selec ylien
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til
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L'V
II
1
e7 .D
SELECTMEN'S LECTMEN S MEETING
June 3, 1963
A regular meeting of the board of Selectmen was
held in the Selectmen's Room, Town Office Bulling,
on Monday, June 3, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Brown and Cataldo were present. Mr.
Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr.
Carroll, Superintendent of Public Works, and Miss Murray,
Executive Clerk, were also present.
Mrs. Audrey W. Hildreth's letter, requesting com-
pensation for damage to her property at 97 Bedford Street,
which she claimed was caused by a broken water main,
was held over.
Mr. Legro said he understood the communication Claim
was referred to him and he would write Mrs. Hildreth,
The Chairman read a letter from the Board of Fire
Commissioners requesting authorization to enter into an
Agreement for Mutual Aid in Fire Protection between the
IISecretary of the Air Force and the Town of Lexington.
The Chairman read the agreement which was signed
by Grover C. Willcox, Jr., Colonel, USAF, in its entirety.
Mr. Legro explained that there was an agreement
exactlythe same as this except it ran between the Town
p
and the Air Force Cambridge Reserve Fire Department.
It is now the Air Force, Laurence G. Hanscom Field Fire
Department . He stated it is exactly the same except for
the change in name_tand the change in date. He advised
that the Town is authorized to render aid to areas owned
by the United States Government. He said he had re-
commended to the Fire Commissioners that they refer the
agreement to the Selectmen to see if they wanted to ap-
prove it. The agreement, as written, does not have a
termination clause and no definite term, and Mr. Legro
said he thought any agre.; ent entered into for the Town
should have a provision for termination or a specified
term so it could be reviewed and renewed if necessary.
The Board of Selectmen agreed with Mr. Legro 's
advice that a termination clause should be included in
the agreement .
Mr. Carroll reported on bids opened today on the
Woodhaven Trunk Sewer (Interceptor Sewer Contract. No. 5)
and explained that there are insufficient funds, the
low bid being in excess of the appropriation. He said
he would like to review the bids and go over the plans
366 mc
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this week and make a definite recommendation to the
Board next week as to what can be done .
Mr. Carroll referred to the construction of Volunteer
Way and said it is necessary to install a drain which
,Drainage he proposes to go down through what is now Winter Street,
leasement and indicated the proposed location on a plan.
Letter was received from Mr. Garrett Wolpert, re-
questing installation of a sewer in front of his property
located at 4 Revere Street. A copy of the communication
Sewer had been referred to the Superintendent of Public Works.
Mr. Carroll advised the Board that he had sent Mr.
Wolpert a formal petition for his signature.
The Chairman read a letter from Mr. John H. Talmage,
3 Fourth Street, with reference to services as they per-
Sweeping tain to unaccepted streets.
streets It was agreed to advise Mr. Talmage, that the
Town 's authorization has been to provide snow removal,
sanding and spraying.
The Chairman read a letter from Mr. Robert E.
McWalter, attorney for Miss Delia Forsythe, 119 Grant
Street. According to Mr. McWalter, a defect in the 11street has caused surface water to drain into his
client 's property.
Mr. Carroll reported that he looked at the property
today and Mr. Colella talked to Miss Forsythe. He said
he could not see any problem or that there was any water
getting into the cellar from the street. He said
there is no defect in the street and nothing has been
done to cause water in the cellar .
At Mr. Carroll's suggestion, it was agreed to advise
Mr. McWalter that Mr. Carroll would be pleased to meet
him at his convenience at 119 Grant Street.
The Chairman read a petition signed by one resident
of Grandview Avenue and three residents of Welch Road
requesting the Town to restrain a builder from construct-
ing houses on Grandview Avenue.
A Mr. Erickson, who did not give his full name, or
address, was present at the meeting and told the Board
that he has owned property on Grandview Avenue for seven
or eight years and he intends to build some houses there .
He said there seems to be some trouble about the subdivision
control law which he did not believe applied to him even
though Town Counsel has said he does come under it. He
reported that he has gone ahead, as his lawyer suggested,
roughed the land out and cut down some trees .
006
The Chairman asked if ha had done this only on
his own land.
Mr. Erickson replied that he has roughed out the Grandview
street to his lots. Avenue
The Chairman asked if he owned the street and he
replied in the negative.
Mr. Carroll presented a plan of Grandview Avenue
and Mr. Erickson indicated the lots he owns - 110, 111,
112, 113, 114, 106 and 105.
Mr. Burnell asked what road he had roughed out and
he replied on Grandview Avenue from here to here, which
he indicated on the plan.
Mr. Legro said the way appears on this plan, but
as far as he knew , it is the only place it does appear.
He stated that this question came up in 1962, at which
time he and Mr. Snow looked at it. At that time, it
was covered with boulders and a growth of trees. He
described the path going down to lot 108 as being an old
time driveway about wide enough for one car. From there
on it was not impassable by foot, but it was impassable
by vehicle. He said that is the way it was until fairly
recently. The trees have been levelled, brush cut out,
and the top of the loam disturbed. This is the way it
was last Wednesday. Mr. Legro stated that from any in-
formation presented to him, it has never been laid out as
a public way. The Zoning By-Laws require frontage on
a way or street and define a street as a publid way or
private way legally opened or dedicated to the public use
or approved by the Planning Board. He said this, in his
opinion, does not begin to conform to the ctf'inition. He
said no lot abutting on this paper way has any standing
as a building lot and never has. He said the bulldozer
does not make it a dedicated way.
The Chairman asked if Mr. Erickson had received a
building permit and he replied in the negative, stating
he had not filed for any.
Mr. Cataldo asked if Mr. Erickson's deed mentioned
a right-of-way over this proposed street.
Mr. Erickson replied that all his deeds indicate
that he abuts on Grandview Avenue. He said there was
a new house on lot 104 and 105 and had an occupancy in-
spection in 1962. He said his were land court title
lots and shown as abutting on Grandview Avenue.
Mr. Legro explained that the land court is not con-
cerned with the issuance of permits to build or the
application of the Zoning By-Law He said he wrote a
letter on November 8 to Mr. Snow, with a copy to the
Building Inspector and the Superintendent of Public Works.
Mr. Legro explained that Mr. Erickson has the right
to improve his own land but not to make it a dedicated
way.
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The Chairman asked if water was available and Mr.
Erickson replied in the negative. He said the lots were
laid out in 1898.
Mr. Legro said he would discuss the subject with Mr.
Erickson.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
Executive cussing, deliberating, or voting on a matter which, if
Session made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Rollowing a discussion with Mr. Legro and Mr. Irwin
relative to issuing building permits for Grandview Avenue
and Dunham Street, and the pavement on Worthen Road, it
was voted to resume the open meeting.
At 9:00 P.M. , Mr. Anthony DiRocco, 8 Dunham Street,
met with the Board.
He stated he has a problem getting a building permit.
He also said that he needs to connect his land to a 6"
water main and has only a 2" main.
The Chairman asked if Mr. DiRocco had received- a
building permit, and he replied that he couldn't get one
until the 2" water main was taken care of.
The Chairman stated it is the Board's policy not to
extend 2" lines that do not solve fire hazards that could
be created by another house .
Mr. DiRocco said there is a water hydrant hooked onto
a 6" main 470 feet away.
Mr. Burnell explained that funds are not available
to construct this.
Mr. Carroll said the water main should be in front
of the house.
Mr. Cataldo said the street layout is the problem,
not being an accepted layout. He explained that right
now it is a paper street and the first step towards
getting a building permit would be to have the street
laid out as a public way.
Mr. DiRocco said houses were built on the street in
1959.
The Chairman said it has been the Board's policy,
in regard to utilities, not to extend 2" water lines
and this would be a deterrent to getting a building
permit. He suggested that Mr. DiRocco talk to Mr.
Irwin and find out what steps he should take.
Mr. DiRocco said he has petitioned for two years
and been refused. He presented the Board with peti-
tions for installation of water and sewer mains and the
369
construction and acceptance of Dunham Street from Utica
Street, 473 feet easterly
Mr. DiRocco asked if a permit would be granted if
he had a well.
The Chairman said that would be up to the Building
Inspector, and Mr. Irwin said he would not grant a permit.
He explained there are two problems. The street is not
accepted and there are no utilities, and both combined
would result in a negative answer.
Mr. DiRocco said he has the sewer.
Mr. Carroll stated the sear is about 100 feet away.
The Chairman said Mr. Irwin could consult with the
Planning Board to see what steps are necessary to resolve
the problem. He suggested that Mr. DiRocco discuss
this with Mr. Irwin who can bring him up to date on the
policy of the Selectmen and he can meet with the Planning
Board to see what it will recommend. He referred to the
petitions submitted by Mr. DiRocco and said they would
be processed in the normal manner.
Messrs. DiRocco, Carroll and Irwin retired at 9:10 P.M.
McSsrs. John MacNeil, W. Dana Bartlett and Mr. Lyon
met with the Board.
Mr. MacNeil stated the group was the Executive Com-
' mittee of the Lexington Association of Independent In-
surance Agents. He read a letter to the Board rela-
tive to the committeets ,proach to the survey of the
Town's insurance program. He explained that the com-
mittee would be willing to proceed with Step Two if the
Boa d thinks it worthwhile and would like to have Step
One approved, to proceed with Step Two. He explained
it would take months to prepare a complete review.
Mr. Brown advised that to make this survey, the com-
mittee will need information and the Board will have to
authorize making the information available .
The group retired at 9:20 P.M.
The board of Fire Commissionam met with the Board.
The Chairman explained that the Board invited the
Commissioners in to discuss procedures of the Fire De-
partment.
Mr. Cataldo stated that the Board wants to keep a
closer touch and better communication with all depart-
' ments responsible to it and know just what their
operation is. He asked the Commissioners about pur-
chasing and operation procedures.
Mr. Fitzgerald replied that all purchases are made
on requisition forms. The Chief sends a requisition
to the Board and if he is in, discusses his needs. He
stated it has been the procedure of the Board on many
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larger purchases to get three prices . Then the Board
discusses it and makes the purchase.
Mr. Cataldo asked about emergency purchases and
Mr. Fitzgerald stated that the Chief makes emergency
purchases. He said without coming to the Board he
could purchase up to $25 for incidental supplies. He
said if there is an emergency, the Chief usually reports
to the Board and it authorizes him to go ahead. An
emergency purchase does not require a requisition.
Mr. Whitney said he has never known the Chief to
go out and buy anything without contacting a member of
the Board for approval. The Chief advises the Board
and then it is up to them to get together.
Mr. Cataldo asked if the Chief had authority to go
out and buy.
Mr. Whitney replied that he has the authority but
never, to his knowledge, gone out and done it without
contacting at least one member of the Board advising
him of the emergency.
Mr. Fitzgerald eta ed that the Commissioners re-
quire a purchase order for every purchase. He said
one emergency that did arise was the repair of one truck.
In that case, the Chief called the Chairman and it was
taken in town within hours . He said there was con-
siderable expense involved but it had to be done quickly.
Mr. Cataldo asked if the Chief had to do this, and
Mr. Robbins replied in the affirmative.
Mr. Cataldo asked if the Commissioners' meetings
were open, and Mr. Fitzgerald replied in the affirmative.
Mr.Cataldo asked if the Chief was present and
Mr. Fitzgerald replied that he is invited, but the
Chief's wife has been seriously ill. The Commissioners
usually sign bills and review reports until 8:15, at
which time, the Chief comes in. He explained that the
Chief can attend the meetings anytime he wants to but
the Commissioners have not forced him to because he
cannot get people to stay with his wife.
Mr. Cataldo asked if the Chief was welcome to
attend the meetings and Mr. Robbins replied that he
is invited to every meeting.
Mr. Cataldo asked, at the time of appointments,
who makes them.
Mr. Fitzgerald replied they are made by interview.
The Commissioners interview each candidate and usually
they have been in once, twice or three times before.
Mr. Cataldo asked if the Chief was consulted at
all, and Mr Fitzgerald replied in the affirmative.
Mr. RAtins sail on the last appointment, the
Chief was in. He sited that each man made out an
application and the Board reviewed each one, and When
wig
it was over, they decided
Mr. Cataldo asked if the Chief was asked for a
recommendaticn.
Mr. Whitney replied no, not on the last appointment
and on the appointment ofrivateq he would say no.
Mr. Robbins said the "'oard does not consult the
Chief on appointments as the Commissioners are charged
with the responsibility of hiring and firing.
Mr. Cataldo asked if the Chief was consulted on
promotions, and Mr. Fitzgerald replied that he is con-
sulted on every promotion
Mr. Cataldo asked if the Commist overs had any
procedure for making reports to the Selectmen.
Mr. Fitzgerald replied only what is requested.
He said the Commissioners try to keep the Selectmen
informed.
Mr. Cataldo asked if, in normal procedure, the
Commissioners made reports, and Mr. Fitzgerald replied
in the negative.
Mr. Burnell asked if the Commissioners had any
problems the Selectmen should know about.
Mr. Fitzgerald said the only problem was the
burned out line by the Edison Company on Spring Street
He said this was paid for out of the regular current
budget and the Commissioners would like reimbursement
so they can go along with maintenance of the fire
alarms.
The Chairman asked if the Commissioners could go
along until the end of the year and then the Board could
ask the Appropriation Committee for a transfer. He
asked if the Commissioners had a specific amount.
Mr. Fitzgerald replied it was about $3,000 and
they can continue along, but will need it .
The Chairman said Mr. Gray would be in touch with
the Commissioners and follow this through.
Mr. Fitzgerald said that Mr. Staples, when he was
here, was handling this .
The Chairman referred to the Agreement for Mutual
Aid in Fire Protection between the Air Force and the
Town and advised the Commissioners that the Board would
go along with it providing there is another clause
whereby there will be a termination date.
Mr. Fitzgerald said the Commissioners would have
to go back to the Air Force, this contract having been
signed by Colonel Willcox.
The Fire Commissioners were in favor of including
the clause pertaining to a termination date, and retired
at 9:40 P.M.
11
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The Chairman read a letter from Mr. William Roger
Greeley suggesting that a plan for spraying be adopted
that would do the most good with the least risk of harm.
He suggested postponement of all tree spraying until the
President 's committee has arrived at more definite con-
Spraying clusions.
Upon motion duly made and seconded, it was voted
to continue with the same policy as heretofore with no
changes
Mr. Legro stated he had prepared and ready for the
Board's signature, the Baskin Playground contracts which
have not been signed by the contractor, nor has the in-
Baskin surance certificate been signed.
playground Upon motion duly made and seconded, it was voted
contract to sign the contracts, all copies to be retained by
Mr. Legro until completed.
The Chairman read a letter from the Board of Health
relative to a faulty sewage disposal system at 8 Goodwin
Road.
Mr. Carroll reported that there is no sewer on
Goodwin Road at all, and explained by use of a sketch
how the houses on Goodwin Road are sewered. He stated
that Mr Outerbridge, who lives at 8 Goodwin Road, could
go out Patriots Drive through an easement over private
property; he could tie into Mr.Lyneh' s service, with
Mr. Lynch's permission, or he could go down Hancock
Street . He said of the three, he would prefer to have
Mr. Outerbridge go down Goodwin Road to Hancock Street,
but it would cost about $1,300 and a change of plumbing.
He stated that this is an extreme case and he would not
object to a tie-in with Mr. Lynch's service but this is
a solution Mr. Outerbridge would have to work out with
Mr. Lynch
The Chairman said that Mr. Outerbridge should first
work out an agreement with Mr.Lynch and asked if there
would be any cost to the Town.
Mr. Carroll replied in the negative. He said Mr.
Outerbridge should also pay a charge in lieu of better-
ments amounting to $744.95. He said to his knowledge
Mr. Outerbridge has never contacted him about the problem
and has never asked for anything. He said it is up to
him to find out what the -solutions are .
It was agreed to sgggest to the Board of Health
that Mr. Outerbridge contact Mr . Carroll in an effort
to work out a solution to the problem.
The Chairman read a letter from Mr. E. J. McCarthy,
Chief Engineer, State Department of Public Works, rela-
tive to the Board's request for a meeting to discuss the
411'sm'Y
possibility of terminating Route 3 at Route 128
Mr McCarthy felt that until his department has re- Route 3
waived new photogrammetric mapping and restudied the
possible alternate locations of Route 3 southerly from
Route 128, a meeting at this time would not be advisable.
The Chairman read a letter from Mr. Fern C. Church,
285 Emerson Road, protesting the planning of Emerson Road.
Mr. Burnell stated that the letter should have been Emerson Road
addressed to the Planning Board and suggested that it
be sent to that Board with a request for a report
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on May 27, 1963.
Messrs . Legro and Carroll retired at 10:00 P.M.
The Chairman read a letter from the Planning Board
in reference to Mr. Harvey W. Newgent 's proposal rela-
tive to property adjacent to the William Diamond Junior
High School, owned by Mr. John Chiesa Use of Chiesa
The Planning Board and the Board of Selectmen were land
of the unanimous opinion that the proposal outlined by
Mr. Newgent would not be in the best Interest of the
Town.
Letter was received from Francis X. Morse, attorney
for Alfred Iodice, stating that his client will pay $1,000
for tax title lots 22-28, inclusive Tax title
Upon motion duly made and seconded, it was voted
to advertise the offer to purchase the lots in the Lex-
ington Minute-man and that further consideration be
given the offer on Monday, June 17.
The Chairman read a letter from Walter D. Reed,
Public Relations Director, with reference to the Tenth
Annual Reunion of U.S.S. Lexington, CV-2, which will be
held in California on June 27-30. U.S.S.Lexing-
Mr. Reed asked that Lexington originate a letter ton Reunion
to be read at the meeting which he at would be his-
torical as well as educational in view of the fact the
First Lexington was named in commemoration of the Battle
of Lexington.
Mr. Burnell suggested that Mr. Grindle or Mr.
Greeley be consulted and invited to compose such a
letter.
Appointment of Route 3 Advisory Committee was
held over. It was agreed to ask the Planning Board Route 3
to designate a member to serve on the committee Committee
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Upon motion duly made and seconded, it was voted
to sign an Order for r the construction of a sewer in
Sewer Order Slocum Road from the existing sewer a distance of 200
feet, more or less, northeasterly. (Selectmen's Files,
Sewer Orders, 1963)
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in
Sewer Order Cbmpton Circle ;t'rkn Peatook-Farm Read a distance of(
3.0 ,feet, more or lees:; northerly to end* (Select*Pn6q
Flea, Sewer Order$, 1963) .
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
Executive made public, might adversely affect the pbblic security,
Session the financial interest of the town, or the reputation
of any person
Following reports from Mr. Cataldo and Mr. Gray,
it was voted to resume the open meeting.
Mr. Gray reported that he met with the Insurance
Committee and it was his suggestion that they meet with
the Board tonight. He said there is a basic change of
Insurance policy involved which is a decision of the Board of
Selectmen. He asked if the Board wanted the Committee
to handle this, as step #2 involves a lot of work and
they don't want to do it if the insurance is not going
to be handled locally.
Mr. Cataldo said he would like to see the insurance
kept in Town.
Mr. Brown said he did not think Brewer & Lord has
done justice to the Town in handling the insurance.
The Chairman was authorized to advise Mr. Hill, of
Brewer & Lord, of the contemplated change of policy in
handling the Town ' s insurance.
The meeting adjcurned at 10:30 P.M.
A true record, Attest:
Executive 6lerk Select yen
b
a 1 c)
SELECTMEN'S MEETING
June 10, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, June 10, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Brown and Cataldo were present . Mr. Gray,
Executive Assistant, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present.
Mr. Carroll, in reference to bids received for the
Woodhaven Trunk Sewer, said that during the week:_ he had
a number of discussions with Mr Edward Howard and Mr
Donald Legro and tried to work out something to reduce
the price. This project was approved for Federal Aid
and in talking to the government representative, Mr. Woodhaven
Carroll was informed that a reduction of more than 5% sewer bids
is not allowed, a provision- being made to this effect
in the agreement . Later they agreed to reconsider and
Mr. Legro wrote Mr. Carroll a letter stating that it could
be done . Last Friday, Whitman & Howard contacted the
contractor Joseph Capone & Son, Inc . The contractor
does not want to accept the job at a reduced price be-
cause of the fact he set it up so that some of his money
is in the items that would be in the 16" main.
Mr. Carroll said, in his opinion, there is nothing
to do but reject alLbids. He recommended not includ-
ing the 16" line and readvertising as soon as possible.
He said he thought bids could be ready within four to
six weeks.
The Chairman said there should be something in the
record as to the increases that have taken place to make
clear it is not a matter of poor planning.
Mr. Carroll stated that it is definitely not a
matter of poor planning and no one anticipated this at
all.
Upon motion duly made and seconded, it was voted
to reject allbids received Monday, June 3, 1963, for
the Interceptor Sewer, Town of Lexington, Massachusetts ,
Contract No. 5 (1962) .
Upon motion duly made and seconded, it was voted
to readvertise for bids, the 16" line not to be included.
Mr. Carroll reported that he received a bid last
Wednesday on painting the Police Building, Cary Memorial
Building, the Town Office Building, and the Town Barns.
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He stated that he did advertise but only one bid was re-
ceived and that was from the Kenney Co. , 11 Prescott
Street, Arlington, for $4,845. He reported that these
people have done work for Mr. Spirts who recommended
them very highly
Bid Upon motion duly made and seconded, it was voted
to accept the bid and award the contract to the Kenney
Co. at its bid price of $4,845.
Mr. Carroll reported that he checked with the State
relative to the takings on Spring Street-Route 2, and was
advised that the takings have not been made He ex-
Route 2 plained that as a whole the takings along Route 2 will
takings not be made for a few months, but a special effort may
be made to make these specifically.
Mr. Carroll informed the Board that he will take
Vacation the first week of his vacation next week, but would
plan to attend the Monday night meeting.
The Chairman read a letter from the Standing School
Building Committee relative tocompleting the water
main loop by connecting the Senior High School facili-
ties with the main on Forest Street in the interest
Senior High of safety and fire protection. The committee's con-
Water main tractor has given an estimated price of $7,726.05 for
the necessary line including one hydrant
Mr. Carroll said he thought he discussed this
subject with the Board once before. He has informed
the School Building Committee that there is now only
one connection to the High School and that is from
Waltham Street He recommended connecting out to
Forest Street, and apparently funds are available now
that bids are in. He explained that the section from
where the flag pole is to' Park Drive would be paid
from the Committee' s budget and the section from Park
Drive to Forest Street would be paid for by the Town,
approximately $6,000.
The Chairman asked if Mr. Carroll had funds, and
he replied that this would have to be included in next
yearAA budget. He stated that he is going over this
with Mr. John Barnaby, a member of the Committee, to-
morrow
Upon motion duly made and seconded, it was voted
to advise the Committee that the Board approved the
project, pursuant to Mr. Carroll checking the figures,
and that an item will be included in the 1964 Water
Department budget
Ott
Mrs. Arthur N. Barabush, 53 Eldred Street, and
Mrs. Hazen A. Thomas, 55 Ivan Street, met with the
Board.
Mrs. Barabush referred tothe May 30 issue of the
Minute-man, in which the Planning Board' s figure 8 sketch
mentioned the vehicle volume from seven in the morning
until seven at night on a normal week day. She said it
was five years old but as of that time, the volume from
Hartwell Road to Route 128, about 5,000 feet, was 15,000
She said since then, she felt it safe to assume that the
volume is from 20,000 to 25,000. She said she also under-
stood from the Minute-man that the Armory is under con-
struction and that will have 175 men and 55 United States
government vehicles on hand which will add to the traffic
conditions. According to the Minute-man, no traffic
problems were anticipated because of the parking area but
she said she is not interested in the parked cars, but Traffic on
the moving cars that cause the problem Eldred
She said the situation on Eldred Street is serious Street
and becoming more serious and is all out of proportion.
She said it is safe to assume that one out of every two
vehicles on Eldred Street is driving so as to endanger
and if anyone is hurt, it is driving to as to endanger,
manslaughter and excessive speed She has written
IIletters to "Tell it to Joe", the Minute-man, the Chief
of Police and Mr. Carroll of the Public Works Department .
Mrs. Barabush said if this dangerous condition and
lackadaisical attitude is to be continued, it is her
opinion that each and everyone who knows of the condition
and lets it go along that way is just as responsible for
anything that happens to anyone as the driver. She said
there are no caution signs or control on the street what-
ever. She said the Selectmen are the representatives of
the people and should not take satisfaction in that the
State did not give any aid. She said the people are
bothered by a situation like this because they feel they
are not being considered. She said there is a school
zone, a United States Armory and 25,000 cars a day, and
something should be done. She said the problem is so
tied in with the State, the Board should have a repre-
sentative from the State here to discuss it with residents
of the area, and if the State won 't do anything, she knew
where she should go fromthere .
Mr. Carroll explained that he was aware of the situ-
atioh, has discussed it with State representatives and
been advised that nothing will be done until the Grove
Street bridge is opened. He said the solution is not
erecting signs but one, he thought, of enforcement, and
he realized that the Police Chief is very short of men.
Mrs. Barabush asked to have the traffic slowed down
and sugge_,ted making Eldred Street one way and erecting
a pedestrian light
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Mrs. Thomas said Eldred ,Street is a drag race area.
There is a policeman and a registry man living on the
street but they don't want to become involved. She
asked to have a posted speed limit of fifteen miles an
hour and said at the further end of Grove Street one
is tempted to exceed the speed limit and this could be
corrected She said she was concerned about traffic
lights on Bedford Street at Eldred Street
The Chairman said that nothing definite could be
done this evening and he recommended that the subject
be submitted to the Traffic Study Committee for restudy.
Mr. Carroll subgested that Mrs. Barabush and Mrs.
Thomas attend the Traffic Study Committee meeting.
Itwas agreed to write Mr.burnell and ask him to
call a meeting of the Committee to be held on Monday,
June 24, at 6 30 Y.M.
Upon motion duly made and seconded, it was votaid
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,
Executive the financial interest of the Town, or the reputation
Session of any person..
Following a discussion pertaining to Mr. Nicholas
Durso's drainage on Patterson Road, custodians' overtime
fees, conference with Chief Engineer Beloastro, the
Board of Assessors, and Mr Mabee of the Planking Board,
it was voted to resume the open meeting.
Mr. Irving Mabee, Chairman of the Planning Board,
met with the Selectmen.
The Chairman stated that the Board is interested in
the date for a fall Town Meeting and how soon the Plan-
ning Board can have the C-1 Zone changes.
Mr. Mabee asked if there were other items for a
fall Town Meeting, and the Chairman replied there is
nothing as important as the zoning change.
C-1 Boning Mr. Mabee said the Planning Board has met several
change times and he would like to give the Board a date if he
could. He ex lained he was unable to get the other
members of his Board to subscribe to it . He stated
one handicap, as of May 31, the Board is operating
without a Planning Director and this means that he
and some of the other members do more than what they
would normally be required to do. He said they are
also trying to get a replacement for Mr. Snow. In
the meantime, Mr. Snow will act as a consultant for
the Board on a limited basis And for a definite period
of time. He stated this arrangement can be terminated
at any time if the Boad so wishes and it will do as soon
01
as it gets a permanent Senior Planner. He said the Board
has met three or four times on the zoning and is getting
to the point where it thinks its goal is August 31 when
it can be referred to someone Mr. Legro will delegate
He said all he could tell the Board of Selectmen is that
this zoning is the number one item on his Board's agenda,
but he could not give a date because these things take a
lot more time than one would think
The Chairman asked if Mr.Mabee was reasonably sure
it would be some time in the fall
Mr. Mabee replied he would not say the Board is
reasonably sure but it is shooting for it .
Mr. Brown stated the Board is concerned because at
the Planning Board' s request last spring, the Selectmen
agreed to go along because it had a certain amount of
assurance that this change would be ready
Mr. Mabee stated it takes ten times longer than if
anyone were to do it alone.
Mr. Cataldo said all these conditions and problems
were understood last March, that the Planner was leaving,
etc
Mr. Brown said it was his understanding this would
be ready probably for a fall Town Meeting, and the Board
owes a certain amount of responsibility to those people
it asked to wait
The Chairman said he also understood it would be
ready in the fall.
Mr. Mabee asked who the people are that are waiting.
Mr. Cataldo replied Mr . Stephen Russian and Mr.
Mark Moore.
Mr. Mabee asked if these people would meet with him.
He said the Planning Board may be far enough along to
help them, and it is hoping to have five zones. He
said these individuals would probably be concerned with
only one. He said he would call them and explain the
situation.
Mr. Brown asked if the Plannning Board would be pre-
pared on Route 2 and Mr. Mabee said the Board is waiting
for the State on that.
Mr. Mabee read off twelve categories - trades and
services, office buildings, business office types, build-
ing trades and contractors, undertakers, food places,
gas and retail automobiles, building material dealers,
billboards. He explained these are all thugs that have
to be put in a category and that is why Route 2 seems
easy.
Mr. Cataldo said the night he attended a Planning
Board hearing it was brought out that the Planning Board
would have a committee to make a study of some proposed
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expenditures and income for the next ten years . He
said something such as the zoning is more important to
workron than a report such as that
Mr. Mabee explained that long range financial com-
mittee is something on which the oard just barely got
started and said it is not wasting any time . He said
the Board would do the best it can and that is all he
could tell the Selectmen
Mr. Cataldo said suppose you are not ready for a
fall Town Meeting, and Mr. Mabee replied that if his
Board is not ready, it will tell the Selectmen.
Mr. Cataldo asked if he would give the Board a
definite date and he replied positively he would not
because he could not. He said he would contact Mr.
Russian and Mr. Moore .
Mr. Brown asked if, during the period of replacing
Mr. Snow, Mr. Gray could help the Planning Board.
Mr. Mabee replied possibly and said he would suggest
it to his Board.
Mrs . Mabee said in the Board' s recommendation to the
Town Meeting, it did not give Mr. Moore any hope in
*regard to his proposal on Bedford Street that C-1 would
not suppose that this would be holding him up. He ex-
plained the Board is only talking about revamping com-
mercial districts within themselves He said the Board
is talking commercial which precludes apartments or
dwellings, but he would get in touch with both of them
and see what their situation is
Mr. Cataldo asked on what basis the Planning Board
has Mr. Snow as a consultant and Mr. Mabee replied on
an hourly basis, a verbal arrangement at the moment.
Mr. Cataldo asked if Mr. Snow was going in for that
type of work and Mr Mhbee replied that was his under-
standing
Mr. Mabee referred to Mr. Harvey Newgent' s pro-
Newgent posal for the Chiesa land and stated that the Planning
proposal Board thinks, from a subdivision control basis, it can
get Mr. Newgent in and out of there, but this does not
alter the Board's recommendation.
Mr. Mhbee referred to a letter from Mr. Fern Church,
285 Emerson Road, and said the problem was several sections
of Emerson Road that are numbered differently. He ex-
Emerson plained it was the Board's decision to name Emerson Road
Road a long, long time ago and eventually it will be a con-
secutive road. If it were named five names and then
became a consecutive road, the situation would be terrible.
The Planning Board is looking eventually for a eonsecutive
road.
Mr. Mabee retired at 9 50 P.M.
ever include any apartments in any nature, and he would
381
Mr. Richard Michelson and a Mr. West, representing
resentin P g
the Jaycees, met with the Board.
Mr. Michelson reported that they had met with the
Recreation Committee relative to bringing the Hunt Three
Ring Circus to Lexington for a one-day stand, and obtained
approval from the Committee for the use of Parker Field,
which is the track field. He said the date he has is Circus
July 22, a Monday, and he would hear definitely from the
circus tomorrow as to whether or not this date is ac-
ceptable to them He explained there would be two shows,
one in the afternoon and one in the evening. The circus
insures the area it is on and the equipment for $300,000
liability. He has a certificate of the insurance policy
and it is approved as far as the Fixe Marshall is concerned.
The admission will be $1.00 for children and $1.50 for
adults.
Mr. Cataldo asked if the Jaycees would be responsible
for police protection , and kr. Michelson repAed in the
affirmative.
Mr. Michelson said he would need permission from
the Board or the Water Department to get 500 gallons of
water.
Mr. Cataldo asked if he would accept what the Chief
recommends for police protection, and Mr. Michelson re-
plied in the affirmative He said he thought they would
need five detail men for each performance.
Mr. Michelson said he would need a letter from the
Board of Selectmen approving this for the date
Upon motion duly made and seconded, it was voted
to approve the Jaycees ' proposal to bring in the Hunt
Three Ring Circus for a one-day stand, July 22, subject
to whatever police protection is recommended by Chief
Rycroft.
Messrs. Michelson and West retired at 10:00 P.M.
The Chairman reported that, as approved by the
Board, he met with Mr. Converse Hill relative to the Insurance
possible change in handling the Town's insurance, and
Mr. Hill requested the courtesy of meeting with the
Board next Monday.
The Chairman read a letter from Mrs. Norman Richards,
on behalf of the residents of Colonial Acres, requesting
permission to hold a block party at the lower intersection
of Dane and Foster Roads on Sunday, June 16, from 5:00
P.M. until 10:00 P.M. Permit
Upon motion duly made and seconded, it was voted
to grant the request.
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Letter from the Fire Commissioners requesting a
transfer of $2,708 from the Reserve Fund to Fire Alarm
Account was referred to Mr. Gray who is to obtain more
definite information.
Mr. Cataldo said the Fire Commissioners should be
Fire Alarm advised not to spend the $800 in the Expense budget
system allocated for Civil Defense Alarm System.
Mr. Gray was requested to find out what the Fire
Commissioners intend to do now in regard to this item.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on June 3, 1963
Letter from the Lexington Choral Society request-
Choral ing permission to store equipment in Cary Memorial
Society Building on a permanent basis was referred to Mr. Gray
Letter was received from Mr.McQuillan, Chairman
of the Board of Health, advising that insufficient funds
were requested to cover the salary of the physiotherapist,
,Transfer and it will be necessary to have a transfer of $114.
Upon motion duly made and seconded, it was voted
to request the Appropriatidn Committee to transfer the
sum of $114 from the Reserve Fund to the Posture Clinic
Personal Services Account
Upon motion duly made and seconded, it was voted
to sign the Annual Warrant to the Dog Officer.
Lettert was received from the Town Celebrations Com-
mittee advising that there is a small quantity of the
250th anniversary commemorative plates and dishes avail-
able
Report was received from the Pesticide Board,
Pesticide State Department of Public Health, and the Clerk was
Board Report requested to mail a copy to each member of the Board.
Announcement was received from J. Edgar Hoover,
FBI gradu- Director, Federal Bureau of Investigation , of the
ation graduation exercises of the FBI Academy to be held
June 19, at 10:30 A.M.
Upon motion duly made and seconded, it was voted
Common to grant a Common Victualler License to the Penguin
Victualler Ice Cream Co. , 135 Massachusetts Avenue.
The following individuals were selected to serve
as the Route 3 Advisory Committee : Robert Cataldo, Route 3
Otis S. Brown, Jr. , Roland B. Greeley, Natalie Riffin Committee
and Sumner Pearlman.
Mr. Gray referred to an offer of $50 received
from Kenneth Kelley for lots 20 and 21, Block 16,
located & the corner of Earle and Orchard Streets . Tax title
He reported that the Planning Board had no objection
to the disposal of the lots subject to a restriction
that these lots be combined with property now existing
and owned by Mr. Kelley to make one lot only.
Upon motion dulymade and seconded, it was voted
that a proposal to sell the lots be advertised in the
Lexington Minute-man and that further consideration
be given the offer by the Board.
The meeting adjourned at 10:20 P.M.
A true record, Attest:
Executfive( lerky Selec Tien
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SET,FCTMEN S METING
June 17, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, June 17, 1963, at 7 30 P.M. Chairman Cole,
Messrs. Brown and Catfildo were present. Mr. Gray,
Executive Assistant, and Miss Murray, Executive Clerk,
were also present.
Mr. Kenneth P. Kelley, 49 Earl Street, met with
the Board relative to tax title lots 20 and 21, Hbck
16, located at the corner of Earl and Orchard Streets.
He said he could not see buying the lots with the re-
striction that they be combined with property now ex-
isting and owned by him to make one lot only. He said
where the lots abut his land, if at some time he wanted
to subdivide it for building purposes, the restriction
would make it impossible.
Mr. Gray stated that the Board voted to advertise
Tax title that an offer for the lots had been received but Mr
Kelley felt the conditions were not acceptable to him
so the advertising was held up. He recalled that the
Planning Board agreed that the land could be sold, but
recommended that the forty-nine feet be combined with
Mr. Kelley's existing lot and made into one house lot.
Mr. Kelley said his frontage is seventy-five feet
and he does not want these two lots to build on, but
he did not want the restrictions.
Mr. Cataldo asked about the lot sizes where houses
are already built, and Mr. Kelley said they are fifty
feet.
Mr. Cataldo asked if all the lots were built on,
and Mr. Kelley replied that almost every lot was.
Mr. Gray explained that a good portion of this
Meagher property is part of what the Town will be ac-
quiring.
Mr. Brown said if Mr . Kelley purchased the lots
without the restriction, he would still have to obtain
permission to build from the Board of Appeals.
Mr. Gray doubted if the Board of Appeals would
grant permission to build on a forty-nine foot lot.
Mr. Kelley said he would not build on the lot the
way it is, but would add it to his land.
The Chairman said Mr. Kelley objected to the re-
striction because without it, he would have more latitude
later on.
Mr. Kelley said he would leave it to his children.
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The Chairman asked if it would be agreeable with the
Board to have Mr. Gray check with the Planning Board again.
He said he would like to know the Planning Board' s reason
for recommending the restriction .
The matter was held over, Mr. Gray to obtain the
desired information from the Planning board.
Mr. Kelley retired at 7 :40 P.M.
Three men met with the Board, relative to a barn
on North Street, but neglected to give their names or
addresses.
Mr. Gray reported that the Board wrote to John W.
Castoldi, Inc . on April 16, 1963, and gave him thirty
days to make the building safe . He went to look at
it today and nothing has been done to the building .
Mr. Brown asked if those present had checked into
the possibility that the barn is located on separate Castoldi barn
parcels. on North
Mr. Gray replied he had checked with Mr. Irwin, Street
Building Inspector, and without a survey, it is his im-
pression that about eight feet of it is on someone
else ' s property.
Mr. Brown said this creates the problem of who is
responsible for removing it .
One of the men said he did not see any problem when
only eight feet is on one parcel.
Another of the men said tj.ere are a great many holes
in the floor, the front and rear of the barn and side
wall are fairly gone so that small children can find
their way in. He said it is possible that a small child
might fall into the cellar and not be able to make itself
heard.
Mr. Cataldo asked if this was the building set back
off the street, and the Chairman replied in the affirma-
tive. Mr. Cataldo said the Board was limited in what it
could do.
The Chairman reported that he has discussed similar
cases with Town Counsel and the way the statute reads, it
has to be a danger to the public, and in this instance, it
is a danger to trespassers .
One of the men asked if the Carriage House was a menace
to the public, and Mr. Cataldo said that was different in
that it was set right on the street .
The man said it was closer by degree, but to be injured,
one would have to be a trespasser He said there are any-
where from six to eight children who could go in
The Chairman said it did not appear to him that it
would take much to seal it off from the public, and Mr.
Brown said it would not take much to tear it down.
386
One of the men said he lives one house away and there 11is no possibility of burning it as it is too close to a
garage and there are trees also involved. He said there
must be two precedents, the Carriage House and the
nuisance house in Winchester.
The Chairman asked if the Board would have any ob-
jection to Mr. Gray getting in touch with Mr. Legro to
find out what legal steps can be taken.
Mr. Gray said the owner of the Carriage House tore
the building down voluntarily, and it was not through
legal action.
Mr. Brown said the Town tried this many years ago
and it was unsuccessful.
The Chairman explained there is a way of appointing
a committee, but they are subject to suit.
Mr. Adams, an observer at the meeting, stated that
those on the committee were all sued and lost.
The Chairman said the Board would do whatever it can,
and whatever legal steps can be taken, it will take, He
said Mr. Gray would check with Mr. Legro, Town Counsel, to
determine what the Town' s next legal step is .
The Chairman read a letter from Mr. Legro in reference
to Worthen `._pad sewer and water mains - Raymond F. boudreau.
Since the conditions of the agreement entered into with Mr
Boudreau have been met, he recommended that this. Town Clerk
be authorized to return the bank book, assignment and with-
Boudreau drawal slip to Mr. Boudreau forthwith, and that he, Mr.
water & Legro, be authorized to notify the bank that the Town 's
sewer interest has been satisfied
Worthen Rd Upon motion duly made and seconded, it was voted
to authorize Mr. James J. Carroll, Town Clerk, to return
the bank book, assignment and withdrawal slip to Mr.
Boudreau and to authorize Mr. Legro to notify the bank
that the Town ' s interest has been satisfied.
Letter was received from the School Committee rela-
Development tine to the total development of the athletic fields and
of athletic recreation area along Worthen Road and adjacent to the
& recreation expansion of the senior high school.
area, Worthen It was agreed to invite the School Committee and the
Road Recreation Committee tomeet with the Board next Monday
at8 00 P.M. in an effort to arrive at some final deter-
mination as to the proceedings from here on.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to
Gas main locate a 2" welded steel gas main extension in Suzanne
Road and Millbrook Road, providing the extension conforms
to Mr. John Carroll's specifications.
The Chairman read a letter from John F. Batter, 5
Rogers Road, in regard to acceptance of the road Rogers Road
Mr. Gray was instructed to follow this through with
Mr. Carroll, Superintendent of Public Works, to see what
can be done.
Notice was received from the MDC relative to an
application received by the Commission from the Town of
Weston for membership into the Metropolitan Water Dis-
trict. Water Dis-
The Board felt this would not affect the Town and trict
that it was not necessary to be represented at the hear-
ing scheduled for June 20.
Notice was received from Concaissioner Jack P.
Ricciardi, State Department of Public Works, of a con-
ference on urban transportation planning to be held in Urban trans-
Albany, N.Y. on July 1. poration
The Board did not think it was in a position at the planning
moment to attend, but agreed to ask that it be kept ad-
vised and as the program progresses, probably participate.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's meeting held Minutes
on June 10.
Request from the Fire Commissioners for a transfer
of $2,708 was held over.
Mr. Gray reported that he has been unsuccessful in Transfer
arranging a meeting when all the Commissioners could
attend, but as soon as possible, a meeting would be
held to discuss the subject with them.
Request from the Lexington Choral Society for per-
mission to store certain equipment in Cary Hall on an Choral
annual basis was held over. Society
Mr. Gray reported that a representative from the equipment
Society is going to meet with him and look over the
building to see what room is available.
Mr. Gray stated that the Town took some land from
Cabot1 Cabot & Forbes for a dump site and there was a
question of resolving damages. One possibility was an Exchange of
exchange of land. Mr. Carroll is anxious to complete land with
this because in a short period of time he plans to use Cabot, Cabot
the site. He stated that there was an original pro- & Forbes
posal to exchange a parcel of land, which he indicated
on a plan, for another parcel, which he also indicated
on a plan. He explained that a counter proposal was
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made by Cabot, Cabot & Forbes to add a triangular parcel
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in the rear. He said Cabot, Cabot & Forbes is also
anxious to have this settled as it will give them a site
where they can locate a building. He reported that some
discussion was held relative to the possibility of the
Town filling in certain areas of their land and they had
no objection except on land where the building might be
located. He said he thought this exchange would have
to be approved by Town Meeting, and if it is agreeable
with the Board, Mr. Carroll will make up a new plan and
present it to Mr.Legro for his action
Mr. Brown said he thought this was the first time he
heard any discussion about the small additional parcel,
and asked if it would adversely affect the remaining land.
Mr. Gray replied that it would not make any differ-
ence at all.
No one on the Board objected and upon motion duly
made and secondad, it was voted to insert an article in
the warrant for the Town Meeting to be held in the fall.
Letter was received from the Planning Board with
reference to tax title lots on Freemont and Asbury Streets
for which an offer to purchase had been received from
Mr. Milton Hodgdon.
Mr. Gray stated that the Boards have received many
offers over a period of years anywhere from $100 to
$2300, and the Planning Board at one time was consider-
ing putting a street through this area. However, it
has been determined that it would not be economically
feasible and that Board now has no objection to selling
the lots subject to restrictions outlihed in the letter,
which it felt would make a transition between larger lots
and smaller lots.
The Chairman said this is a counter proposal and
suggested that Mr. Gray discuss it with Mr. Hodgdon to
find out whether or not it is acceptable to him.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Fi_a Fighters to
Use of hall hold a record hop in Cary Memorial Hall on Friday, June
21, from 8:00 P.M. until 11 00 P.M. subject to a deposit
of $50, rental charge of $35 and a fee of $3.00 per hour
for janitor' s overtime services
Upon motion duly made and seconded, it was voted
Licenses to grant Taxi Driver licenses to Frank S. Wilkins and
Robert J. Swajian, satisfactory character references
having been received from Chief Rycroft
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The Board gave further conside, ation to Mr Francis X.
Morse's offer, on behalf of Alfred Iodice, of $1,000 for
tax title lots on Marvin Street. A proposal to sell the
lots was advertised in the June 6, 1963issue of the Lex-
ington 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 accept the offer of $1,000 and to sell and convey tax
title lots 22 - 28, inclusive, on Marvin Street to Mr.
Alfred Iodice, Winter Street, Lexington, subject to re-
strictions recommended by the Planning Board.
Upon motion duly made and seconded, it was voted
go into executive session for the purpose of discussing, Executive
deliberating, or voting on a matter which, if made public, Session
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following discussion pertaining to water rates, Fire
Department procedure and executive sessions, it was voted
to resume the open meeting.
At 9:07 P.M , Mr. Converse Hill, of Brewer & Lord,
met with the Board.
Mr. Hill asked, if the Boad pinned him down to
something he could not answer, for an opportunity of
getting something written out.
The Chairman said the Lexington Association of
Indepengent Insurance Agents, did conduct a minor survey
of the own' s insurance and from a preliminary study has
stated they can imwediitely save the Town $4,000 or $5,000
annually on the current policies; on Town buildings and
contents, $2,849.30; on boiler insurance, at leant $399.61,
on Workmen' s Compensation about $1,000, and on public
liability $132. He explained that at the present time,
the Association is interested in going to Part Two, which
would mean they would have to be made brokers of record.
He said Mr. Brown was originally a member of the group
and probably knew how the savings could be made.
Mr. Brown stated that he was not too involved.
Mr. Hill asked the d. te of the report, and the
Chairman replied May 27, 1963. He said there are cover-
ages which the Board does not have by vote of the Board
of Selectmen such as vandalism.
Mr. Hill said the Town could not afford it .
Mr. Brown said the group' s review at the moment is
a review of all existing policies, and based on what is
now written. He stated that a full study may involve
additional lines of insurance and the savings here are only
on policies now written. He said he thought, on the Fire
390
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Insurance program, the method of savings is probably through
SIR
Mr. Hill said he always thought the Selectmen were
trustees, and as such, should get the best possible market
at a fair cost that they could get, and when they go into
that, they do not have the best market . He said if they
are shopping for price, there is nothing that can't be
purchased cheaper. He said he could go to London or Rhode
p
Island. He said the committee does not want anything on
which they won't get a commission .
Mr. Brown asked if SIR is something that would not
be beneficial to the Town.
Mr. Hill said he did not think it could be put into
a mutual. He said the Town voted to put the insurance in
stock companies, and he thought the vote still stood. He
said, as he recalled, it was when Mr . Philip Clark was on
the Board in the late 30' s
Mr. Brown said at that time, most of the mutuals were
assessable.
Mr. Hill said it was not a question of being assess-
able; that is available to anyone. He said he never put
the insurance into mutual because of that vote, and there
is no secret about it, someone has it all set up to take
it over.
Mr. Brown asked when Mr. Hill made a complete survey
for the Town, and Mr. Hill replied that they had never done
it
Mr. Brown asked if it were advisable, and Mr. Hill
replied that the company is so close to the -Town, he knows
what it doesn't want . He said the Town has never wanted
to carry property damage.
Mr. Brown asked if Mr.Hill thought a change should
be made, and said he has seen the Town involved in property
damage and wondered if it would be wise to consider property
damage.
The Chairman said Mr. Hill had been laboring under
the thought the Town could not use mutual companies, and
Mr. Hill replied in the affirmative, and said it was a vote
of the Town .
Mr. Cataldo asked if the savings were based on plac-
ing the insurance in a mutual company, and Mr. Brown
replied, the committee, yes
Mr. Cataldo asked what would be the objection of
placing the insurance in a mutual company and what was the
Town ' s objection at that time.
Mr. Hill replied they always felt the best was none
too good. He asked if the Town wasn 't better off having
five companies with an equal share of the large piece, up
in the millions, than it would be to have it in one piece.
Mr. Cataldo said his question was what is the ob-
jection to placing it in a mutual company.
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Mr. Hill said the stock companies make the rates
and to watch out you are not paying your own dividend.
He said he has an engineering department that hammers and
hammers to get these rates down. He said he got the
plans on the new high school worked on.
Mr. Cataldo asked if Mr. Hill thought the rate would
be cheaper in a stock company.
Mr. Hill said if it is not engineered by someone and
someone good, the tendency is to let it go.
Por. Cataldo asked if Mr. Hill would do the same engi-
neering with a mutual company and he replied in the nega-
tive.
Mr. Brown said he had good engineering service.
Mr. Hill said at the present time they probably have
as good an adjua,teer_ as there is in the business jiffs
company got him started and helped helped him years ago.
Mr. Cataldo asked if Mr. Hill would at this time,
twenty-five years later, recommend that the Board
go to a stock company and Mr Hill replied in the affirma-
tive.
Mr. Cataldo said, pay a higher premium
Mr. Hill said he certainly would as the Town would
know what it is buying. He asked how he was able to run
a big office with engineers, 75 employees and seven partners;
most of the business is with big stock companies.
Mr. Brown said from a point of view of stock vs mutual
with regard to casualty type of insurance, a stock company
could not be beaten. When it comes to fire insurance he
thought the situation was different. He said he thought
the mutuals can be equally as good as the stocks can be
Mr. Hill said he has seen times in the past when it
was difficult to get a loss out of anyone. He said when
working with millions, someone will get out a sharp pencil.
Mr. Brown asked if Mr. Hill would recommend a restudy
of the Town' s program, including what it does and does not
insure, every five years or something of this nature .
Mr. Hill said the last insurance committee to go over
it was five years ago.
Mr. Brown said he meant a comprehensive survey every
five years.
Mr. Hill replied that there is no question but that
it would be a good idea
Mr. Brown said it may be determined that the vote in
the 30 's should be rescinded. He said a survey would
take a great deal of time and the fellows involved here
have offered to make this survey but don't want to unless
they have some assurance that they will get some cooperation
from the Town. He said the Board could not ask them to do
it knowing the information would be passed on to Mr. Hill .
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Mr. Cataldo asked, as far as the fire insurance is con-
cerned,
if the Board went to a mutual company, if Mr. Hill
was in a position to place it, and he replied in the affirma-
tive but said he prefers not to. He said he thought there
should be 60/L0 control in a stock company.
Mr. Cataldo asked if Mr. Hill's company was in a
position to place the insurance in a mutual company and
he replied in the affirmative.
The Chairman asked if Mr. Hill had an engineer,
and he replied in the affirmative, stating he is full
time and they have five loss clerks.
Mr. Hill referred to savings mentioned on the
liability insurance and said this year they changed
and rewrote the liability insurance, changed companies
and saved $1,000. He said he was always trying to
make a saving and hoped everyone appreciated it .
The Chairman said the Board has the entire matter
under study and Mr. Hill would hear from it.
Mr. Hill retired at 9 33P.M.
Decision relative to the insurance program was held
over.
The meeting adjourned at 9:35 P.M.
A true record, Attest:
Y
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SELECTMEN'S MEETING
June 24, 1963
A regular meting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, June 24, 195, at 7 30 P.M. Chairman Cole,
Messrs.Burnell, Brown, Cataldo and Sheldon were pre-
sent. Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, Mr. Gray, Executive Assidant,
and Miss Murray, Executive Clerk, were also present.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate a hip
guy and anchor on Massachusetts Avenue, southeast of
Tavern Lane.
Mr. Serverson, representing the Boston Edison
Company, was the only person present at the hearing.
Notice of the hearing was mailed to the peti-
tioner, owners of the property as listed on the
petitioner's plan and also filed with the Superin-
tendent of Public Works. Hip guy and
Mr. Serverson explained that there is a bad anchor
II corner on the pole that is temporarily a guide to a location
tree which is to be removed, and the company would
like a hip guy.
Mr. Carroll had no objection and the hearing
was declared closed. Mr. Serverson retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing hip guy and anchor location
Massachusetts Avenue, from a pole located approxi-
mately 1005 feet southeast of Tavern Lane, --
One hip guy and anchor
Mr. Legro stated that he had a contract for engi-
neering services between Whitman & Howard, Inc . and the
Town of Lexington, which, in Mr. Carroll's absence,
Whitman & Howard asked him to present to the Board for
execution. He stated that it is practically in the Engineering
same form as the 1962 contract but of course names Services
different sewer locations and different streets. He contract
explained ta.,re is a deduction for services already
performed by the Town Engineering Department as com-
puted, and approved by him and the contract, in his
11 opinion, was in proper form for execution by the Board.
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Upon motion duly made and seconded, it was voted
to sign Contract For Engineering Services (Contract
No. 1963 - 1) between Whitman & Howard and the Town of
Lexington, as presented by Town Counsel.
Mr. Legro said he had an Order of Taking, pursuant
to vote of the Board of Selectmen on May 13, 1963, for
a sewer easement between Compton Circle and Peacock
Farm Road.
Upon motion duly made and seconded, it was voted
to sign the Order of Taking in the following form
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of
Lexingtrn held on the 24th day of June, 1963, it is
ORDERED: Whereas at a Town Meeting duly called, warned
and held on March 14., 1963, namely at an adjourned session
thereof duly held on March 18, 1963, in accordance with the
provisions of law applicable thereto, it was unanimously
"VOTED That the Selectmen be and they hereby are
authorized to install=_sewe_ mains, subject to the assess-
ment of betterments or otherwise, in such accepted or un-
accepted streets or other land as the Selectmen may deter-
mine, inaccordance with Chapter 504 of the Acts of 1897
and all acts in amendment thereof and in addition thereto,
or otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee , easement or other interest in
land necessary therefor; and to appropriate for such in-
stallation and land acquisition the sum of $255,875.00, and that
payment be provided by the transfer of x'65,570.00 from the
Sewer Assessment Fund, the transfer of $59,900.00 from the
unexpended balance of the appropriation for the extension
of a sewer main voted under Article 5 of the warrant for
the Special Town Meeting held September 15, 1958, the transfer
of $15,399.88 from the unexpended bilanoe of the appropri-
ation for the installation of sewer mains voted under
Article 14 of the warrant for the 1960 Annual Town Meeting,
the transfer of $298.79 from the unexpended balance of the
appropriation for the installation of sewer mains voted
under Article 13 of the warrant for the 1959 Annual Town
Meeting, the transfer of $11,663.65 from th unexpended
balance of the appropriation for installation of sewer
main voted under Article 16 of the Warrant for the 1958
Annual Town Meeting, the transfer of $33,889.96 from the
unexpended balance of the appropriation for the install-
ation of sewer mains voted under Article 15 of the warrant
for the 1960 Annual Town Meeting, the transfer of $3,700.00
from the unexpended balance of he appropriation for the
acquisition of land along Vine Brook southeasterly of
Emerson Road voted under Article 45 of the warrant for
the 1960 Annual Town Meeting and by raising the balance
of $67,L52.72 in the current tax levy. "
WHEREAS the Selectmen have determined that it is neces-
sary to install a sewer main in the land hereinafter de-
scribed,
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 ana on behalf of said Town of
Lexington the perpetual rights and easements to lay, con
struct, inspect, repair, remove, replace, operate and for-
ever maintain a sanitary sewer or sewers with any manholes,
pipes, culverts and other appurtenances, and to do all other
acts incidental thereto, including the right to pass along
and over the land for the aforesaid purposes , in, through
and under two certain strips of land in said '-'exington
situated between Compton Circle and Peacock Farm Road and
respectively bounded and described as follows:
Strip No. One: Beginning at a point i , the southwesterly
line of Compton Circle which point is situated
northwesterly and 12.00 feet distant from a
point of compound curvature as measured along
said southwesterly line of Compton Circle;
thence running along said southwesterly line
of Compton Circle by a curve to the right
having a radius of 60.00 feet, distant 19.82
feet to a pont; thence turning and running
South 82°04'21" West through lot 65A, distant
81.82 feet to a point in said lot 65A which
point is 1.127 feet North 68°4)1 '02" East from
the easterly boundaryline of lot 38; thence
turning and running outh 68°44'42" West
through said lot 65A and said lot 38, distant
47.59 feet to a point in the easterly line
of Peacock Farm Road; thence turning and run-
ning along said easterly line of Peacock Farm
11
a96
c.
Road by a curve having a radius of 441.00
feet, distant 15.04 feet to a point; thence
turning and running No th 68°44'02" East,
distant 144.64 feet to a point in said,
easterly boundary line of said lot 38 at its
junction withthe common boundary line between
said lot 65A and 106 63; thence turning and
running North 82°04'21" East, distant 92.89
feet to the point of beginning; all as shown
and marked "151 Sewer Easement" on plan en-
titled "Plan of Sewer Easement Peacock Farm
Rd to Compton Circle Lexington, Mas„ . ",
dated May 20, 1963, by John J. Carroll, Town
Engineer, to be recorded herewith and a copy
of which is annexed hereto and made a part
hereof.
Strip No.Two Beginning at a point in the easterly
boundary line of lot 38 at its junction with
theitcommon boundary line between 65A and lot
63; distant 15.28 feet to a point ; thence turning
and running South 18°52'25" East through said
lot 63 to a point in the common boundary line
between said lot 63 and lot 51, distant 150.81
feet; thence turning and running South 62°21'17”
West, dist .;nt 11.61 feet to a point in the common
boundary line between said lot 51 and lot 49-B;
thence turning and running North 48°54'07" West
along the common boundary line between said lot
49-B and said lot 63, distant 7.04 feet to a
point in said common boundary line at the south-
1 easterly corner of lot 41-A; thence turning and
running North 18°52'25" West along the common
boundary line between maid lot 41-A and said
10t 63 and along the common boundary line between
said lot 63 and said lot 38, distant 149.39 feet
to the point of beginning; all as shown and marked
"15' Sewer Easement" on plan entitled "Plan of
Sewer Easement Peacock Farm Rd. to Compton ( rcle
Lexington, Mass.", dated May 20, 1963, by John J.
Carroll, Town Engineer, to be recorded herewith
and a copy of which is annexed hereto and made
a part hereof.
Said Strip No. Two is taken subject to the drain easement
shown on the aforesaid plan and marked "Existdng 20' Drain
Easement" granted by A. Morris Kobrick, Trustee, to the Town
of Lexington by instrument dated August 22, 1957, recorded
wit Middlesex South District Registry of Deeds, Book 9012,
thence running North 82°04'21" East along said
common boundary line between lot 6% and lot 63,
39:7
Page 334.
Said rights and easements in the land included within
the above descriptions are taken without interference with
or prejudice to the rights of the respective owners of the
land, except so far as is reasonably necessary in the ex-
ercise of the rights and easements hereby taken, and there
are reserved to the respective owners and their heirs, succes-
sors and assigns all their respective rights in and to the
use of their lands for all lawful purposes not inconsistent
with the use thereof for all of the purposes hereinabove
mentioned.
On each occasion that the Town enters upon the land
in which the aforesaid rights and easements are taken and
performs any work thereon, it whall 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 laiid 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 Indicated
Owner on Aforesaid Plan
Bernhart R. Snyder and Elaine S. Lot 38 Unregistered
Snyder, husband and wife Land
Bernard A. Kriegsman and Bernice Lot 63 Unregistered
M. Kriegsman, husband and wife Land
Kivie Moldave and Rose Moldave, Lot 65-A Unregistered
husband and wife Land
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarder
WITNESS our hands at Lexington as aforesaid this 24th
day of Ji ne, 1963.
/s/ Lincoln P. Cole, Jr.
Robert Cataldo Majorityof the
Board of
Levi G. Burnell Selectmen
Otis S. Browne Jr.
George C. Sheldon
1198-
r=7:
98
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss June 24, 1963
Then personally appeared Lincoln P. Cole, Jr. , Otis S.
Brown, Jr. , Levi G. Burnell and Robert Cataldo, known to me
to be a majority of the duly elected, qualified and acting
Selectmen of the Town of Lexington, and acknowledged the
foregoing instrument to be their free act and deed, before
me,
/s/ Donald E. Legro
Notary Pub1ie
My commission expires : March 14, 1900
Mr. Legro referred to the Barn located on North
Street, about which the Board had received complaints,
and stated he first learned about this when he read
the paper Thursday and talked to Mr.Gray on Friday.
He received from Mr . Gray a copy of Mr. Adams' letter
of April 16, 1963 to John W. Castoldi, Inc. referring
to the barn. He said he also had a copy of a report
made by Mr. Irwin on April 11, 1963. He said he as-
sumed what the Board wants to do is what it has wanted
for a number of years which is to have the barn removed,
but he could see nothing in the information he has re-
ceived whereby the Building Inspector or the Board of
Castoldi Selectmen have decreed the building to be unsafe, open
barn - North to the weather or unused.
Street Mr. Cataldo asked if would have to be one or all
three.
Mr. Legro replied it has to be unsafe, or open to
the weather or unused.
The Chairman said the Board' s procedure would be
to order the Building Inspector to declare the building
unsafe.
Mr. Legro advised that the Board should ask the
Building Inspector to make an inspection and report
whether the building is unsafe, open to the weather
anr1 abandoned.
It was agreed to ask the Building Inspector to make
an inspection and report to the Board whether the build-
ing is unsafe, open to the weather or unused.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for a j/o pole
location on Maile Street, northwesterly side, approxi-
mately 18 feet northeast of Ingleside Road; Mr. Carroll
having no objection to the proposed location
&lD a
The Chairman read the letter from John F. Batter,
5 Rogers Road, in regard to the acceptance of Rogers
Road
Mr. Carroll explained the problem in this subdi-
vision is that the developer, Waymint Realty Trust, has
a bond up for a portion of the subdivision and a covenant
The Trust had a contract with a contractor, Craig, but
the contract covers the bond enforcement and not the part
under covenant. He stated that the entire subdivision
therefore will not be done in the near future. He re-
ported that he had written to Waymint Realty Trust June 6
summarizing the additional work to be done in the Glen
Estates ' subdivision and received a reply, dated June 11,
assuring him that every effort will be made to bring this
* would be completed by next Town Meeting and the bond will
probably be released by the Planning Board. Then the
section could be accepted at the next Town Meeting
Mr. Gray referred to Kenneth P. Kelley's offer of
$50 for lots 20 and 21, Block 16, located on the corner
of ELarl and Orchard Streets. He reported that the
average size of the lots in the area are seventy-five
feet and some are 100 to 125. He mentioned that the
Board had agreed to sell the lots subject to the re- Tax title
striations outlined by the Planning Board whereby the
property would be combined as one lot, but Mr. Kelley
does not want the restriction and says he does not intend
to do anything with the land. He reported that the
Planning Board still feels the lots should be combined
and to build he would have to go to the Board of Appeals.
Mr. Burnell said he would not think the Board would
entertain this sale unless the lots are combined.
Mr. Cataldo said no one else could do anything with
this property el-en if they purchased it .
Mr. Burnell said if Mr. Kelley does not want to
combine it to make one large lot, he would not be in-
terested in selling it.
Mr. Cataldo said no one else would buy it, and it
will cost Mr. Kelley $700 or $800 to land court it.
Mr. Sheldon said he thought the real question was
whether there is a control under existing regulations .
If there is such a control, it will not be necessary to
include a restriction, but if he had to go to the Board
of Appeals, he would not be hurt by the restriction .
Mr. Cataldo said with the restriction on, there is
no possibility of Mr. Kelley ever being able to do any-
thing
Mr. Burnell said then Mr. Kelley is buying for in-
vestment so he can build two houses and wants to buy
without restriction.
* without
to a speedy conclusion. He said he assumed this
400
G.
Mr Sheldon said he would have Lo go to the Board
of Appeals.
Mr. Burnell asked why the Board would sell the
lots foil S50 if they can be subdivided.
Mr. Legro explained that if the lot was laid out
before the Zoning By-Law, he could build without going
to the Board of Appeals. He said if the lot was laid
out on the old Meagherville plan with a forty-nine foot
frontage, he thought there was no question but that the
owner is entitled to a building permit.
Mr. Gray explained that it is laid out as tato lots.
Mr. Burnell said he thought it would be better to
refer this to the Planning Board and have thorn consider
it on this basis. He said since that Board has already
made its decision of combining the two lots, that is it.
Mr. Legro said the Board might want to refer it
back to the Planning Boa d who he understood had already
favored bhe sale provided it was combined.
Mr. Gray said he received his information from
Mr. Snow.
Mr. Sheldon moved to authorize the sale subject to
restrictinns .
Mr. Cataldo said this has already been submitted
and turned down .
Mr. Legro said, assuming that the two lots were
combined by one ownership by recorded plan or deed prior
to the effective date of the Zoning By-Law, he could
build on the two lots combined or if they were under
separate ownership by recorded plan or deed prior to the
effective date of the Zoning By-Law, he could build on either
or both of the lots if he can conform to the rest of the
requirements of the Zoning By-Law. He suggested that
the Board would want to know what category the lots fit-
ted in before arriving at a decision.
Mr. Sheldon withdrew his motion.
Mr. Gray was requested to obtain more detailed in-
formation as to the legal status of the lots.
Mr. Fern C. 'hurcht s letter of June L. protesting
the planning and numbering of Emerson Road was held
over.
It was agreed to advise Mr. Church that it is the
intention of the Town to have a consecutive road, and
Emerson if it were now given five different names and eventually
Road becomes a consecutive road, the situation would be most
undesirable. It was also suggested to advise Mr. church
that the Fire, Police and Post Office departments have
been advised of the situation, and that Mr. Carroll
would post the numbers at the entrance of each section.
401
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on June 17, 1963.
Decision relative to the proposal submitted by the
Lexington Association of Independent Insurance Agents
was held over.
Mr. Brown stated that he is writing a letter to
the newspaper to clarify his position and would like
the Board to be aware of it . He said he was stating
the list published in the paper wL.s a list for 1962
and the schedule authorizing the distribution of the
commission was voted by the Board of Selectmen in
December of 1962 with him and Mr. Cole abstaining.
Mr. Brown stated that he had discussion with Town
Counsel and stated that he would not participate in
the distribution of commission for the year 1963, and
if there we ,e to be any change, and the insurance was
to be placed with the Lexington Association of Independent
Insurance Agents, he would not be a member or participate
in that either.
The Chairman said he had been giving this some Insurance
thought but has not arrived at a conclusion and would
like a little more time .
Mr. Sheldon said he would like some time as this
is new to him and he did not feel qualified at the
moment to have an opinion.
Mr. Burnell reported that he received a letter
from Samuel Fardy who brought up some thoughts which
he said he wanted to consider carefully. He said
he did not like to hold off on decisions like this and
knows the group would like to start the second phase.
'He said the Board should make a decision as soon as
possible, but since he has bean out of town three or
four weeks, he would like a few days to get a little
more information before voting.
Upon motion duly made and seconded it was voted
to hold the matter over.
Mr. Legro as:ed, in connection with this insurance
program, if the Lexington Association of Independent
Insurance Agents were to take it over, would there be
a central authority or clearing house for information,
He said he knew from information received and the files
perused, that former Town Counsels have made substantial
use of the agent for information relating to insurance
matters other than particular coverage paid for by the
Town. He said he also had occasiontodo it and this
is an important phase to that situation.
Mr. Carroll said he agreed and that he has done
the same thing many times .
402
w.
Mr. Burnell said it seemed to him that Mr. MacNeil
stated this clearing house would be something in being
but he did not know how they plan to do it .
Mr. Brown explained that one office alone would
be the clearing house for any and all policies and in-
formation
Mr. Cataldo said the Board should consider chang-
ing the insurance, and if it does consider it, get the
group in and have this straightened out beforehabd
He said he understood there would be one broker of record
Mr. Burnell said if the Board approves this local
group making its study, it will in effect be saying to
them that the Board accepts the local group handling
the Town 's insurance.
Mr. Brown sair1 a comprehensive survey takes con-
siderable amount of time and the local group does not
want to go into this phase unless it has some assurance
that they will be given the business.
Mr. Cole read a letter from Robert U. Johnson, 208
Cambridge Street, Burlington, whose home address is
166 Burlington Street, Lexington. submitting his name
as one to be placed on the list of brokers to receive
a share of the commission on the Town insurance business .
It was agreed to advise Mr. Johnson that the entire
subject is under study
The Chairman read a letter from David Reiner, 3
Gould Road, referring to the story published in the
Minute-man on June 20, and asked about the Conflict
Conflict of of Interest law
Interest law It was agreed to advise Mr. Reiner of the state-
(Insurance) ment previously made by Mr. Brown.
The Chairman read a leti,er from John A. Bellizia
on behalf of Vincent N. Bellizia, renewing his request
to purchase approximately thirty acres of land in the
Meagherville section for 'oho purpose of adding it to
the Pine Meadows Country Club.
Tax title Mr. Gray said he thought some of this property
is in the Meaghervilfe school site so actually the
Town will at some future time have a use for it
Mr. Burnell suggested that the letter be sub-
mitted to the Planning Board with the request for
a report before it is given any further consideration
As a regular procedure, any offers for the pur-
Tax title chase of tax title lots are to be submitted to the
Planning Board before being submitted to the Board
of Selectmen '
40
Upon motion duly made and seconded, it was voted
to grant permission to the Five Fields Hospitality
Committee to hold a square dance at the junction of Permit
Field and Barberry Roads on July 3, 1963, from 7:00 P.M.
until 11:30 P.M. In the event of inclement weather,
the dance is to be held bn July 5, 1963.
The Chairman read a letter from the Town Treasurer
advising that it is necessary to borrow $1,000,000 in
anticipation of taxes
Upon motion duly made and seconded, it was voted Borrowing
to approve the borrowing of $1,000,000 from the New
England Merchants National Bank at 1.40% discounted,
notes to be dated July 1, 1963 and payable November 29,
1963.
Upon motion duly made and seconded, it was voted
to certify the character of the following individuals
who have applied to the Secretary of State for Certifi- Certs. of Inc
cates of Incorporation, satisfactory character refer-
ences having been rece_ved from the Chief of Police:
Martin Lichterman, 5 Constitution Road; Carl F. Sweeney,
40 Shade Street and Jeorge Avis, 15 Taft Avenue
The Chairman read a report from uhe committee of
six residents of Lexington to study the advisability
of the establishment of a Lexington Housing Autnority Housing for
under Chapter 121 of the General Laws elderly
Upon motion duly made and seconded, it w..s voted
to insert an article in the warrant for the next Town
Meeting to see if the Town will establish a Lexington
Housing Authority to provide low-cost housing for the
elderly under the provisions of Chapter 121 of the
General Laws.
Mr. Stillman h'illiams said that having this on
the warrant does not bring it into existence and stated
there is a lot of work to be done. He stated it also
needs the leadership of the Selectmen, their understand-
, ing and support to get this aplroved.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the Transfer
sum of $2,000 from the Reserve bund to the Elections-
Jurisdiction Selectmen Account.
Upon motion duly :made and seconded, it was voted
to grant a Taxi Driver _License to Lawrence R. Velte, License
10 Weutwocd Road, satisfactory character reference
having been received from the Chief of Police.
404 itZ
it
Upon motion duly made and seconded, it was voted
to hold Board meetings during the month of July on the
Meetings 1, 15, 29 and during the month of August on the 12 and
26.
Upon motion duly made and seconded, it was voted
to close the Town Office Building and the Public Works
Building on Friday, July 5, 1963, thereby making it
possible for the employees to enjoy a long weekend.
However, any employee on vacation that week will not
be entitled to an extra day and the Police and Fire
Departments to make other arrangements if they so desire
for the employees in those two departments.
Upon motion duly made and seconded, it was voted
to go into Execut_ve Session for the purpose of dis-
Executive cussing, deliberating, or voting on a matter which, if
Session made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person
Following a discussion pertaining to legal matters,
the meeting adjourned at 11:10 P.M.
A true record, Attest:
ee• Oler , Selen
/,
t Li
L
4106
SELECTMEN'S MEETING
July 1, 1963
h regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, July 1, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Brown, Cataldo and Sheldon were pre-
sent . Mr. Legro, Town "ounsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present .
Chief John W. Rycroft met with the Board and stated
that his department has a breatiayzer it uses on these
who wish to take it and are charged for operating under.
He reported that he has had the machine for about one
and a half years and from it, the department has not
lost a case in forty odd. It Act only tells about
drunken drivef's, but it also tells if a person is sick.
The breathalyzer people in New Jersey are giving a
course July 22 through 26 and are able to take twenty-five
individuals. He said he was late because the fellow did not
get to see him until last Friday. He would like to send
Lt. Corr down, but it will cost $100, and he asked where
the money would come from.
The Chairman said this is out-of-state travel and
the Chief explained that he has contracted for his
out-of-state budget .
The Chairman said he thought the Appropriation
Committee could be requested to make a transfer, but
the Chief said that would be too late as he has to
make a call to Redbank, Niw Jersey, tomorrow. He
stated that he has not made any commitment, but he is
to let them know tomorrow. He said the doctor coming
in for the course is one of the beat breath men in
the world. Transfer
Mr. Burnell asked if the Chief had any idea how
they were scheduling for later on and he replied that
the only in_ormation he received was that they expect
to have courses afterwards This one is free, but
the future courses *ill cost between $10 and $25
Mr. Cataldo said this doctor would not be avail-
able for future courses
Mr. Sheldon asked about the status of the Out-of-
State Travel budget .
The Chief explained that Lt. Corr represented
him at Lt . Furdon's graduation, but as yet he does not
have the bill .
4o1
c.
Mr. Cataldo asked if this bill could be held up
and if so, would there be funds to send Lt. Corr to
the course.
The Chief said the money is there and by the time
it is needed, he will have the transfer. He said he
could hold the $60 that has not been paid and he can
get Lt. Corr in. Then if the Appropriation Committee
refuses to make a transfer, he will cancel Lt . Corrie
reservation.
Upon motion duly made and seconded, t was voted
to send Lieutenant James F. Corr to the breathalyzer
course in Redbank, New Jersey; Mr. Gray to call the
Appropriation Committee in the morning relative to a
transfer.
Chief Rycroft retired at 7:34 P.M.
Mr. Legro stated that he had received a letter
from Mr. Uray inquiring about the Gerry Fund to which
Mr. George P. Morey referred on May 6 . He said the
question was whether or not it could be used for
scholarships for needy students in Lexington. He ex-
plained that the deed of trust provides that the income
accruing from said trust shall be annually distributed
or expended at Christmas, or in December or January,
or other suitable time at the discretion of the Selectmen
Gerry Fund or the Overseers of the Poor. He said there are no
provisions for such a use as a scholarship and he did not
think it was within the province of the Board of Selectmen
to determine. He explained that the management of the
trust was taken out of the hands of the Board of Selectmen
and placed in the hands of three trustees .
The Chairman asked if a family could be given a
grant if the Board decided it was poor
Mr. Legro replied that there are no such provisions
in the trust.
The Chairman said there was nothing to prohibit it .
Mr. Legro advised the only way to get this extended
would be to go to the court, and it was his cbpinion that
the court would not grant it . He said it is up to the
Trustees to make the decision.
The Chairman read a report dated June 27, 1963,
from Donald K. Irwin, Building inspector, relative to
Castoldi the barn located on North Street and owned by John W.
barn Castoldi, Inc.
Mr. Legro advised that the next step is for Mr.
Irwin to send a notice to the owner to remove the
building er_make it safe.
(`
Upon motion duly made and seconded, it was voted
to so advise Mr. Irwin.
Mr. Anthony J. DiRocco and his attorney, Mr. Conroy,
met with the Board.
The Chairman read a letter from Mr. Donald E.
Nickerson, Chairman of the Board of Appeals , relative
to Mr. DiRocco's petition requesting permission to DiRocco
erect a house on Lot #2, Dunham Street . The Board of
Appeals did not think the case had been fully discussed
and, feeling it did not agree, that this was not within
its province, so returned Mr. DiRocco's check for $15.
Mr. Sheldon said Mr. Nickerson's point is that the
Board of Appeals would not be unwilling to rule on it
if a thorough discussion had taken place. In his
letter, he is saying a thorough discussion had not been
made.
Mr. Cataldo said in his estimation.
Mr. Carroll said there is no town water service in
Dunham Street but there is a private 2" service.
Mr. Burnell said the Board agreed this should not
be extended any further. He said a policy was estab-
lished when the Board set up the budgets this past
year, not in regard to this lot, but for the current
year. He said the Board did not want to extend a 2"
line beyond where it exists at present. He explained
that, in setting up the budget, the Board had to choose
the areas where it would spend money, and the policy it
made was not to extend water lines into new lots for
new buildings.
Mr. Conroy said Mr. DiRocco has agreed to pay for
the new line.
The Chairman asked if he meant the 2" line, and Mr.
Conroy rpplied in the affirmative. He said he would
be willing to sink a well if the Board did not want to
run a line up there .
Mr.DiRocco said there is a hydrant about thirty
feet from the lot .
Mr. Carroll said he thought the point Mr. Irwin
made when he turned the application down is that the
house is not on a public way, a private way or a private
way dedicated to public use, and therefore he could not
issue a building permit. He said Mr. DiRocco could
agree to pay for the sewer main or a well, but asked
what about the man who wants to build a house Sao ' down
the street with trees on it such as Mr. Erickson. He
said it is exactly the same problem
The Chairman asked if it would be proper to refer
this to Town Counsel for an opinion.
Mr. Carroll said the Board could solve the problem
408
by laying out Dunham Street and constructing it . Then
Mr. Irwin could issue a building permit . He stated that
if the Board finds a way of overcoming this problem, and
tells Mr . Irwin to issue a permit, it cannot then criticize
him next week for issuing a permit to someone with a lot
in the woods
Mr. Conroy said the street is already there.
Mr. Carroll said it is a paper street and not a
public way, or a private way.
Mr. Conroy said it is open to the public and the
public can drive up and down.
Mr. Carroll said this was a legal question. He
said to his knowledge, Mr. Legro has determined it is
not a public way or a private way opened or dedicated
to the public use .
Mr. Legro advised that the Board hear Mr. DiRocco 's
story and take the matter under advisement .
Mr. Conroy said Mr. DiRocco lives on Dunham Street
now and there are three hous's. He wants tobuild a
home on a lot adjacent to his present lot. He said
the sewer is a simple problem as it ruhs up to his
house now and he will pay the cost for extending it.
The first problem is the 2" water main, whether or not
this should be extended. If it is decided this
should not be, Mr . DiRocco is willing to sink a well
which should satisfy the Town. He said it comes to a
legal question whether or not Dunhazn Stret is a legal
street. Mr. DiRocco contends it is a street and has
been on the Town map for years. It is maintained by
the residents.
Mr. Burnell asked about the condition of Dunham
Street beyond Webb Street, and Mr. Carroll replied it
is woods .
Mr . Burnell said so it is a paper street . He re-
commended that the Board ask Mr. Legro for assistance
and decision.
The Chairman said bhe Board would refer this to
Mr. Legro for his opinion.
The Chairman asked Mr. DiRocco what percentage of
signatures he had on his petition this year, and Mr.
DiRocco replied 100% for water and sewer and 90% for
the street
The Chairman said the Board would consider Dunham
Street for acceptance at the next Annual Tt_wn Meeting.
Messrs. DiRocco and Conroy retired at 8 :10 P.M.
Mr. Carroll referred to bids opened June 24 for
sewer work, Contract #1, and recommended awarding the
contract to C.DiMartino & Sons, Inc. , the low bidder.
4
Upon motion duly made and seconded, it was voted Contract for
to award Contrac #1 for sewer work to C. DiMartino sewer
& Sons, Inc. , at the low bid of $147,425.00 .
Mr. Carroll said he hoped to have the contracts
ready for the Board to sign tonight , but they are not
as Mr. Legro has some problems with corrections that
have to be made. He said he would like to ask if
there is any way the Board could arrange for a special
meeting to sign these contracts .
The Chairman said the Board could vote now to sign
the contradts after approval by Town Counsel.
Upon motion duly made and seconded, it was voted
to sign a contract between the Town and C. DiMartino
& Sons, Inc . in the amount of $147,425, after approval
by Town Counsel.
The Chairman read a letter from Parker C. Reed,
27 Hayes Avenue, protesting against the use of DDT
in any form, for any purpose out of doors in Lexington.
Mn. Carroll stated that Mr. Mazerall has been
very careful not to spray Mr. Reed 's property. Spraying
It was agreed to advise Mr. Reed that the Board
appreciates his thinking on the subject of spraying,
but it does have a carefully prepared plan for town-
wide spraying which follows recommendations of the
Waltham Field Station and the University of Massachu-
setts . In compliance with his request , the Town will
avoid spraying his property.
Letter was received from Mr. William S. Emerson,
22 Thoreau Road, elaborating on his previous objection
to the use of chlorinated hydrocarbon insecticides.
Mr. Carroll explained the problem, as far as the
elm trees are concerned is there are two beetles. TtLe
elm bark beetle gets under the bark and carries the
fungus . The elm leaf beetle attacks the trees this
time of the year. The Town is spraying with Sevin
which is very effective against the elm leaf beetle
Mr. Mazerall informed him that Sevin is being used in
Concord for the elm leaf beetle . He explained that
Sevin is not effective against the elm bark beetle.
Mr. Carroll invited the pard to make an inspection
of other towns and compare the elm trees with those in
Lexington.
Mr. Burnell asked if Mr . Carroll thought the Park
Department was knowledgeable enough in chemistry of
these poiaens to do the mast valuable up-to-date work
for the Town.
Mr. Carroll replied that he did not think anyone
41 Q
in the Park Department was qualified as far as ehemicals
are concerned, but Mr. Mazerall, the Tree Warden, and
all the people working for him are using all the re-
commendations of the Waltham Field Station and the
University of Massachusetts.
Mr. Burnell said if the Town has this staff avail-
able, it is not necessary to set up another organization
of various people as recommended by Mr.Emerson.
Mr. Cataldo said spraying is the business of these
people.
The Chairman asked if everything the Town is doing
has the approval of the State and Federal Departments
of Agriculture, and Mr. Carroll replied the Federal
Department is not involved
Mr. Cataldo pointed out that the insecticides
could not be sold unless they were approved by the
government.
The Chairman asked if other Towns were suffering
from having discontinued the use of the insecticides,
and Mr. Carroll replied that Mr. Mazerall says they are.
He explained that it will take time for the trees to
show up, and once they are lost, all the good work the
Town has done for many years is gone.
The Chairman suggested writing to the State Board
of Health requesting an opinion on the insecticides.
Mr. Burnell suggested writing the Town Board of
Health.
Mr. Bataldo said he did not think they were
qualified.
Mr. Carroll invited the Board to attend a meet-
ing of the East Middlesex Control Commission tomorrow.
Notice was received from the State Department of
Public Works advising that the sum of $1,500 has been
Chapter 90 assigned for the maintenance of Chapter 90 roads on
the condition that at least $1,500 shall be contribu-
ted by the Town and $1,500 by the County.
Notice was received from the State Department of
Public Works advising that the sum of $22,900 hs?ksbeen
Chapter 90 assigned for the improvement of Massachusetts Avenue ,
on condition that at least $11,450 shall be contribu-
ted by th Town and $11,450 by the County.
The Chairman read a letter from Mr. Burrell,
Director of Civil Defense, with reference to a re-
quest from Dr. Francis M. Wiener, of the firm of
Civil Defense Bolt, Beranek and Newman, Inc. , for permission to
conduct tests in Lexington over a period of four days
of measurement of sound propagation.
Upon motion duly made and seconded, it was voted
to grant permissionto conduct the tests over a period
not to exceed four days, subject to approval of Mr.
Burrell and Mr. Carroll, Superintendent of Public Works.
It was suggested that ample publicity be given
this in the newspaper.
Mr. Carroll retired at 8 :40 P.M.
The Board of Fire Commissioners and Deputy Chief
Belcastro met with the Board
The Chairman said, so that the two boards under-
stand each other, there is no question in the minds
of the Selectmen that the Commissioners are not op-
erating within the law that creates them and that they
are operating legally the way the Board is onstituted.
He said the Boa d of Selectmen asked them/t tcause
some members of the Board have suggestions that the
Commissioners might consider in the administration of
the department, and they cover three areas. He said
he would take them up one at a time. He said the first
was purchasing, which is definitely in the Commissioners '
area and they did all purchasing.
Mr. Fitzgerald said most of it.
The Chairman said some minor items could be pur-
chased by the. Chief and asked if there was any limit
on this.
Mr. Fitzgerald replied that there was a limit, he
believed, of $25 except in an emergency. He said if
the Chief tries to contact one of the three Commissioners
and cannot do so, in the case of an emergency he has the
power to go ahead whatever the emergency might be .
Mr. Whitney said that within the paht two weeks, the
Chief spent $200 to get circuit 5 back in repal . He
said at the preceding meeting, at which the Chief was
present, it was stated at that tithat no further ex-
me enditures would be made to maintain a fire alarm except
in an emergency.
Mr. Fitzgerald stcted that the Chief reported to
him this was an emergency and had to be done. He said
he told the Commissioners last Monday night the Chief had
been authorized to proceed with it
Mr. Belcastro said wF1en the trouble arose, he went
to Mr. Fitzgerald.
Mr. Cataldo said the Board has been all through
this, it knows the Commissioners ' procedures and knows
they are within their rights. However , the Board does
have some suggestions to make to the Commissioners.
The Chairman said in regard to purchasing, the
41'_2 i
Board suggests tht the Chief be allowed more latitude '
in the matter of purchasing.
Mr Fitzgerald asked in what way, and the Chairman
replied in the matter of emergency repairs.
Mr. Sheldon said the Chairman was referring to the
instance like the one that happened; a circuit was out
of order and something had to be done.
The Chairman asked if the Chief would have gone
ahead if he had been unable to contact Mr. Fitzgerald,
and Mr. Fitggerald replied in the affirmative
The Chief said the most he was allowed to write
out a purchase order for was $10 at any one time. He
said right from the beginning, he was allowed a $10
purchase order.
Mr. Sheldon said that was correct.
The Chief said the amount has never been increased.
Mr. Whitney said the Chief may have a point . He
said there was a letter issued at the end of last year
and sent to the Chief saying no further purchase orders
would be approved until such time as the requisitions
were straightened out .
Mr. Fitzgerald said he remembered at the close of
budgets when they were trying to run a balance, they
asked the Chief not to write anything over $10.
The Chief said that was not correct. There was
a notice on the bulletin Board while he was on vacation
that on all emergency purchases, the Commissioners would
have to be contacted
Mr. Whitney asked if the Chief knew why this was
done.
The Chief said he had no idea as he was not notified.
Mr. Whitney said at that time it was the end of the
year and the budget was running low.
Mr. Sheldon asked what the purchase situation was,
and Mr. Fitzgerald replied that he is granted up to $25,
and this is the way he, Mr. Fitzgerald, has operated.
Mr. Whitney said not that he knew. He said it was
rescinded to the extent there has been a motion and it is
in the minutes that it has been rescinded to the point
where it is now $25.
Mr. Cataldo said but the Chief has not been notified.
Mr. Whitney said this he did not know.
The Chairman said on this, there is a misunderstanding.
Mr. Robbins asked what the Board 's recommendation is .
Mr. Burnell said he could sense that there is a lack
of communication between the Commissioners and the Chief
He said he did not think it right or orderly for the Board
to work out these problems at this meeting. He stated
the Fire Commissioners have the responsibility of seeing
41
that the Fire Department is run and run properly, and
they have under their direction a Chief Engineer. He
said the Commissioners are allcapable and that he thought
this should be worked out within their own Board meet-
ings with the Chief, and how they choose to do it , he did
not think was the Selectmen's prerogative to establish.
He said the Commissioners were responsible for the Fire
Department and what was bothering Mr. Cataldo is the fact
that when the Boards are talking together, there seems to be
a lack of coordination. He said he was not being critical
but he thought there should be a policy, and he imagined
they do have a policy, but it does not seem to come out.
The Chairman asked if the Chief has authority to
purchase up to $25 for an emergency without contacting
the Commissioners.
Mr. Whitney said as amended.
The Chairman said if this was correct, he had no
further questions.
Mr. Burnell said as far as the Selectmen are con-
cerned, it does not make any difference whether the
amount id $10, $25 or $100, and he did not think the
Selectmen have any right to question what amount the
Commissioners establish as an amount for purchase orders
Mr. Cataldo said he realized the Board had no right
legally, but he thought the Board was looking for an
efficient Fire Department , with due respect to the
Chief Engineer. He said where problems could be eliminated
would be to have the Chief attend all the meetings of the
Commissioners except when his position is being discussed.
J-n this way, when they did discuss the $25 purchase
order, he would know about it. He said it is the
Chief 's department and he is responsible for it 2!. hours
a day, whereas the Commissioners may be gone for two
weeks . He asked where the Chief stood in knowing what
is going on if something happened to all three Com-
missioners He said the Board has no legal rights,
but does want an efficient Fire Department. He said in
putting out fires, Lexington has a top department, and
if the Chief is doing a good job putting out fires, he
should know what is going on. He said he should know
what is going on and have enough latitude to operate
the department efficiently. He said this is what the
Board would like to have plus the appointments, and
perhaps the Commissioners should extend him the courtesy
of an opinion as he ha,, to work with these appointments .
Mr. Brown said he concurred with Mr. Cataldo to
the extent that the Chief is the Commissioner63 liaison
and his comments should be considered and he should be
consulted on appointments and promotions .
4[14
Mr. Sheldon said he thought there had been some
confusion and lack of coordination, and it is a case
of getting along together.
The Chief referred to the statement that it was
$10 or $25, and the Chairman said it is within the
province of the Fire Commissioners . Whatever figure
they set is something about which the Selectmen would
not dictate It would have to come from the Fire
Commissioners and not at this meeting.
Mr. Whitney referred to the request for a transfer
of $2800, and said he had a comparison of expenditures.
He said if there is any question why the Commissioners
don't approve requisitions for purchases, he was sure
it is because they are trying to control the budget.
which is their responsibility, and this is what he
thought was going to be discussed this evening.
Mr. Gray said in reference to the $2800, he had
arranged with Mr. Fitzgerald that he would meet with
him July 8, Monday night, and have a report for the
Board meeting on July 15.
Mr. Brown asked if Mr. Gray had any suggestions
in regard to the radio situation.
Mr. Gray replied that he would rather discuss it
with the Board before any conclusion is arrived at.
The Fire Commissi^ners retired at 9:08 P.M.
Mr. Gray said several weeks ago, the Board received
a letter from Mr. Milton F. Hodgdon submitting an offer
for tax title lots on Freemont and Asbury Streets which
was referred to the Planning Board. Upon receipt of
that Board 's recommendation, he was requested to contact
Mr. Hodgdon. He did this and Mr. Hodgdon said the
Planning Board's recommendation relative to regrouping
the lots was acceptable to him at the same price he
Tax title originally offered.
lots Mr. Gray reported that in the meantime, two offers
have been received for some of the same lots. One was
from Mrs . James Hayden, 33 Homestead Street, and one
from Mr. George Pisiello, 48 Freemont Street .
Upon motion duly made and seconded, it was voted
that a proposal to sell the lots be advertised in the
Lexington Minute-man and that further consideration
be given the offers at the next regular meeting of the
Board; Mr. Pisiello and Mrs. Hayden to be so advised.
The Chairman referred to recommendations of the
Traffic Study Committee relative to Mr .Julian Soshnick's
Traffic request for "Stop" signs at the intersection of Douglass
and Cooke Roads, and read a letter he had prepared to
send Mrs Soshnick.
11
4Th
Upon motion duly made and seconded, it was voted
to accept the recommendations of the Traffic Study
Committee and to approve the Chairman's letter
Letter was received from the National Park Ser-
vice asking the Board to consider making available for Tax title
transfer to the United States a parcel of tax title lot
land consisting of lots 178-180 on Massachusetts Avenue
and lots 185-189 on Hayward Avenue.
Mr. Gray said he realized the Board had requested
that all offers for tax title lots be referred to the
Planning Board first, but he felt this particular offer
should be presented to the Selectmen first.
Mr. Legro agreed to check to determine whether the
Board has authority to give tax title lots away.
Upon motion duly made and seconded, it was voted
to transfer this property if the Town Counsel rules
it is within the Board 's right to do so or sell it for
$1.00 if he rules it cannot be transferred without
charge.
The Chairman read a special bulletin on land use
survey from the Boston Regional Planning Project, and Bulletin
suggested that anything such as this could be read by
Mr. Gray who could then give the Board a brief summary.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on June 24.
In regard to a decision relative to the Town's
insurance, the Chairman said he would like more time
and reported that Mr. Gray has been giving the subject Insurance
some thought .
Mr. Gray said he felt the subject was too com-
plicated for a quick decision. He said the Town
is not without insurance coverage and he thought the
Board should take time to discuss it.
Mr. Sheldon said there is one member of the
Board familiar with this and he would like his opinion.
Mr. Brown said what sir. Gray said was correct .
The Board is being asked to make a change in policy
and it is not a question of what insurance is going
to be written, but how it is to be handled. He said
he had no recommendations.
Mr. Burnell said he had received a letter from
Samuel Fardy and he thought the other members had also
received one
The Chairman reported that he had been approached
by other insurance men and received calls from inter
ested citizens.
446
MC
Mr. Sheldon asked if this didn't come down to the
point of getting the best coverage for the Town and then
becomes a question of whether this group or the present
management or some other means is the best for the Town.
He said then there is the question of mutual or stock
companies, 4 review, adjusting amounts, increasing and
decreasing, how can the Board proceed.
Mr. Brown said in fairness to all parties, he thougnt
it could be said that to a certain degree, and he thought
a very large degree, the Town has not received the service
it should. He said perhaps the Board should have requested
more. He said, as he pointed out to Mr. Hill, an insurance
account as large as the Town's should have a full review
every four or five years. This, by admission of the
present carrier, has not bean done.
The Chairman said 11r. Hill has reviewed some areas
and made certain suggestions.
Mr. Sheldon asked if the Town had been taken as a
matter of course.
Mr. Brown replied that he thought it has been a
case of presenting what was asked to be written. He
said he thought more work could have been and should
have been done.
Mr. Cataldo said Mr. Brown stated the Association
would ask the Board to change its policy, and asked in
what way.
Mr. Brown said the policy being that the Association
is alsking the Board to make it the broker of record in
order to go ahead and survey with the assurance they
will write the insurance.
Mr. Cataldo said, for his information, he would like
to have the Association in again and ask that it lay its
plans out as to how they would handle it and who would
be the broker of record.
Mr. Brown said they said the AssociatiL would be
responsible for writing the Town business and by so
doing, would designate one office of one of the members
as the office to be contacted.
Mr. Cataldo asked who would appoint the broker of
record.
Mr. Brown said the Town could.
Mr. Gray said the members of the Association are
thinking they would appoint the broker of record.
Mr. Brown said they did not have to .
Mr. Sheldon asked if it would be fair to ask the
group for a more concrete proposal without them going
into a complete analysis of policy. He suggested ask-
ing them how they can serve the Town better, and if
necessary, not make a complete study, but in other
words they are asking for a than e to sell this . He
He said without appearing to stall these people,
,17
said he could not see any harm in giving them a chance to
sell it if they are willing to take the chance any sales-
man would take.
Mr. Burnell asked if the Board was at the point now
where it could have two sales presentations made to it
by the opposing groups on the same evening.
Mr. Brown said this would not solve any problem.
He said in reference to the existing insurance,
the local group has shown a saving of $4.,000 or $5,000 over
the current insurance program.
The Chairman explained they have shown a saving
by going to mutual companies and Mr. Hill has been
laboring under the assumption that at some time a
previous Town Meeting had passed an article that in-
surance should not be placed with mutual companies.
Mr. Burnell said he could remember since he has
been a Town Meeting Member that this came up and the
mutual companies were not favored.
Mr. Cataldo said he referred to it as a vote of
the Board of Selectmen.
Mr. Gray said Mr. Hill thought it was a Town Meeting
some time in the 30's.
Mr. Brown said the total savings was not on mutual.
Mr. Sheldon said he had not been present during the
discussion and thought if the Board could have the group
in again, they could tell why they feel they can save
the Town money and the subject could be discussed pro-
viding it is without prejudice and they are Bing given
an opportunity to present their case.
The Chairman said this may be in order because Mr.
Sheldon was not on the Board and Mr. Burnell was not
present when Mr. Hill met with the Board.
Mr. Cataldo said he would like to know the real
structure of the setup.
Mr. Gray said the group has never discussed how
the distribution of the commission is going to be
handled, and perhaps another meeting would be in order.
Mr. Legro said there is also the question of whether
the Board is dealing with an Association or a broker of
record.
Mr. Brown said the Board would be dealing with the
Association of which one of its members is the broker
of record.
Mr. Sheldon asked how they would propose to divide
the Commissions.
T1r. Burnell said the subject could only be pursued
with an open mind and the Chairman said the Board 's
obligation is to the Town.
Mr. Brown stated the intent was to divide any and
all commissions among the Association members.
418
Mr. Burnell said this limits it to a certain small
group.
Mr. Brown said if the Board felt that the Town should
have more work done, it should request a survey and he
thought the Board could get a good survey. He stated
that the organization has tried to point out that they
feel a proper job has not been done. He said if Brewer &
Lord was asked to make a survey, the Board would probably
get a good one.
It was agreed to invite the Executive Committee of
the Association to meet with the Board again on Monday,
July 29, to restate its case and to have Mr. Hill meet
with the Board on Monday, August 12.
The Chairman read a letter from Mr. Edward D.
Duncan, Treasurer of the Lexington Savings Bank, re-
citing conditions existing in the area of the passage-
way from Massachusetts Avenue to the Municipal Parking
Complaint Lot at the rear of the bank.
It was agreed to advise Mr.Kingston Howard,
Brigham's, Inc , of the situation and ask if he has
any suggestions that might help to alleviate the nuisance.
Upon motion duly made and seconded, it was voted
to g ant a Taxi Driver License to William D. Harrington,
License 122 rett Road, satisfactory character reference
having been received from Chief Rycroft .
Upon motion duly made and seconded, it was voted
Jury List to adopt the Jury List for 1963.
The Chairman read a letter from Mrs. Ethel U. Rich,
Collector of Taxes , asking that the Board rescind the
vote of April 10, 1961 to abate ambulance bill #107 in
the amount of $5.00 and bill #108 in the amount of $5.00
Abatements payment of both having been received Ju.:. 11, 1963.
Upon motion duly made and seconded, it was voted
to rescind the abatements voted April 10, 1961 pertain-
ing to Gertrude DeWolfe #107 and Olivia Doyly #108, both
in the amount of $5.00.
Mr. Cataldo said he received a call from Representa-
tive John Brox in regard to Route 3, and he wanted to
know if the Board desired to pursue the letter sent by
Mrs . Janet K. Starr, representing Belmont , to Commissioner
Jack Ricciardi.
The Chairman said the Board should contact Mrs. Starr.
Mr. Cataldo said he would contact Mr. Brox.
The Chairman suggested th t Mrs . Starr be advised
that Lexington does have an advisory committee, who the
419
II/ members are, and ask that she keep in touch with the
Board, aid to advise that the Board would keep in touch
with her that the Board is in agreement with her approach.
Upon motion duty made and seconded,it was voted
to go into Executive Session for the purpose of discuss-
ing, deliberating or voting on a matter which, if made Executive
public , might adversely affect the public security, the Session
financial interest of the Town, or the reputation of
any person.
The meeting adjourned at 9 50 P.M.
A true record, Attest
74-1
•
i ive ler Selectm_
Gt
f
as it will with Mr. Brox Ifs was also agreed to advise
her
I
4k2.0
SELECTMEN'S N1 TING
July 15, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen ' s Room, Town Office Building,
on Monday, July 15, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Cataldo and Sheldon were present . Mr.
Legro, Town Counsel, Mr. Gray, Execut ve Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, 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 Peacock Farm Road.
Mr. Serverson, representing the Boston Edison
Company, and Mr. Dunne, representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing.
Pole Notice of the hearing was mailed to the peti-
location tioners, owners of the property as listed on the peti-
tioners' plans and also filed with the Superintendent
of Public Works.
Mr. Serverson explained that a clearance problem
is involved. There is a service to the house at the
corner of Compton Circle and the service wire is much
too low.
Mr. Carroll had no objection and the hearing was
declared cloasd.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing Vo pole location:
Peacock Farm Road, northeasterly side, approximately
47 feet southeast of Compton Circle, --
One pole
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on July 1, 1963.
Report of progress was received from the Committee
Report on revision of the General By-Laws, read by the Chair-
man and placed on file.
421
The Chairman read a report from Mr. Irwin, Build-
ing Inspector, relative to the status of the barn lo-
cated on North Street and owned by Mr. Castoldi. Mr
Gray was instructed to find out whether or not Mr
Irwin had established a specific time for removal of
the building.
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 permission to locate
one pole on Blossom Street .
Mr. Serverson, representing the Boston Edison
Company and Mr. Dunne, representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing.
Notice of the hearing was mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plans and also filed withthe Superintendent
of Public Works . Pole
Mr. Carroll had no objection to the proposed lo- location
cation and ;he 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 j/o pole location
Blossom Street, southwesterly side, approximately 74
feet southeast of Allen Street,
--
One pole .
(One existing j/o pole to be removed. )
Messrs. Serverson and Dunne retired at 7:40 P.M.
Mr. Legro presented sewer Contract #1 with
C. DiMartino & Sons, Inc . , which the Board of Selectmen Sewer
voted to execute on July 1, 1963. He said he would re_ Contract #1
tain all copies until one or two minor items are clari-
fied.
Upon motion duly made and seconded, it was voted
to sign the contract, prepared by Town Counsel, for
sewer work, contract #1, with C. DiMartino & Sons, Inc . ,
in the amount of $147,425.
Mr. Legro reported that he had discussed Mr Anthony
DiRocco ' s petition before the Board of Appeals with his
counsel and alsowith the Chairman of the Board of Appeals .
He stated that, in his opinion, at least to the point
of a few moments ago, when Mr. Conroy, attorney for Dunham
Mr. DiRocco, presented a plan , Dunham Street is not a Street
way or street under the definition of the Zoning By-Law
422
He said he thought it was a matter properly before the
Board of Appeals and he has so discussed it with Mr.
Nickerson, Chairman of that Board.
The Chairman asked if Mr. Nickerson was aware of
the facts, and Mr. Legro replied in the affirmative .
He said they viewed the premises and not having been
in on the discussions previous to the hearing, he
thought they were not aware of it
The Chairman asked if it was Mr. Legro ' s opinion
then that this should go before the Board of Appeals .
Mr. Legro replied that any matter of a denial of
the Building Inspector is a subject for the Board of
Appeals . He said Mr. Conroy, who was present this
evening with Mr. DiRocco, presented a plan approved by
Board of Survey, September 15, 1925, the fact of which
would be sufficient if this was constructed according
to the plan, but he said he has no evidence that it has
been so he was not going to change his opinion on it.
Mr. Conroy said, suppose he goes back to the Board
of Appeals.
Mr. Legro explained that it is not a matter that
is before the Board of Selectmen except as to the accept-
ance of Dunham Street.
Mr . Conroy said the Board of Appeals should not
have sent it to the Selectmen at all and should have
made a decision either that they could grant relief or
would not grant relief. He said the question may go
a little deeper as whether any of the Board of Survey
streets are going to be giveia building permit.
Mr. Cataldo asked if the Board didn' t think there
should be a joint meeting with the Planning Board, Board
of Appeals and Mr. Irwin.
The Chairman said there probably would have to be,
Mr. Brown mentioned that each case is different.
Mr. Cataldo said he thought there should be a joint
meetin,, and a policy established.
The Chairman stated that the Board has counsel 's
opinion of what constitutes a way.
Mr. Cataldo said the Board came up with a decision
when these people were here before and here it is back
again.
Mr. Legro explained that this does not belong with
the Board of Selectmen .
Mr. Conroy said sending people to the Selectmen is
a waste of time for everyone concerned as the Board
could not issue a building permit if it wanted to .
Mr. Legro explained that neither could the Board
of Selectmen grant a variance.
The Chairman asked if, for the moment, it would
not be good to inform the Board of Appeals that in Town
423
Counsel's opinion, this is within the Board of Appeals '
jurisdiction.
Mr. Legro said he would be willing to discuss this
further with the Board of Appeals, but it is not the
directive of any Board to establish a policy of any
Board especially one governed by the statute.
Mr. Cataldo said the Selectmen were not establishing
policy for them. He said he was not questioning the
Board of Appeals' jurisdiction, just talking about an
overall problem
The Chairman said it may be an overall problem, but
it does come down to specific cases, each one a little
different.
Mr. Conroy said the Board could have an ov .rall
policy and asked about this particular case
Mr. Sheldon asked if the Selectmen would write the
Board of Appeals a letter stating that in this Board' s
opinion, this is within the Board of Appeals ' jurisdiction.
The Chairman said he would write Mr. Nickerson and
advise him that the subject has been discussed with Town
Counsel who has advised the Board that in his opinion,
Dunham Street is not a way or street under the definition
of the Zoning By-Law and is a matter properly before the
Board of Appeals.
Messrs . Conroy and DiRocco retired at 7:50 P.M.
Mr. Legro referred to a letter received by the Board
from the Minute Man National Historical Park asking the
Board to consider making available tax title lots 178-180
located on Massachusetts Avenue, and lots 185-189 located
on Hayward Avenue
He advised that it is his opinion that the Board of
Selectmen has no right to conveythe land on either pro-
position, without charge or for 1. 00. Tax title
The Chairman said the only way would be through an
article to be acted on by a Town Meeting.
Mr. Legro stated that land held for taxes is under
the same terms as for municipal purposes. He said the re
was a Town Meeting vote on March 16, 1953, giving the
Selectmen the authority to sell and convey any 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 dbherwis$ terminated,
upon such terms and conditions as they may approve. He
said he did not think this was broad enough to authorize
the Selectmen to give land away or give it away for $1.00
He said he thought the Selectmen' s responsibility is to
get fair value for the land.
Upon motion duly made and seconded, it was voted
4114
Mi
to insert an article in the warrant for the next Town
Meeting for a decision by the Town Meeting Members.
The Chairman reads statement of claim filed by
the Massachusetts Broken Stone Company with the Town
Clerk against N. Pandelena & Son, Inc.
Mr. Legro explained that this is a courtesy notice
to the Board of Selectmen and normally would not come
to its attention. He stated it is a notice given by
an unpaid subcontractor on a contract between the Town
and N. Pandelena & Son. He reported that he has written
to the Town Clerk and suggested that the amount of the
claim be held from any funds he now holds . He said he
has sent a notice of the filing of the claim to Pandalena
with a copy to the insurance company, the Massachusetts
Department of Public Works and Mr . John Carroll. He said
there is nothing for the Town to do under the circumstances
except hold funds.
Mr. Carroll reported on bids he received for a
compressor and tools and has looked in the equipment
of the three low bidders . The low bidder was Con-
tractor ' s Equipment Rental, $4,998.77. Chicago Pneu-
matic Tool Co. was the second low bidder, $5,089.70,
Compressor and Parker-Danner was third, $5,239.47.
bid Mr. Carroll reported that in his opinion it would
be to the Town' s best interest to award the contract to
the second low bidder.
Upon motion duly made and seconded, it was voted
to accept the bid of $5,089.70 submitted by the Chicago
Pneumatic Tool Company
Mr. Carroll reported that he took bids today on
resurfacing various streets and sidewalks and said
a portion of the work would be Chapter 90. He re-
Resurfacing commended that the contract be awarded to the Warren
contract Bros.
Upon motion duly made and seconded, it was voted
to award the contract to warren Bros . Roads Company at
its bid of $44,975.
Mr. Carroll referred to the sewers in Scotland
and Blodgett Roads, presented a plan and reported that
the first six houses in from Appletree Lane wanted
the sewer but people beyond that did not want the sewer .
He explained two alternatives and stated that at one
time he told the Board the difference in the cost between
the two was low. Now the field work is being done and
he finds the difference is greater He said he did feel
425
it is going to be considerably cheaper too with the
sewer through Scotland Road and through an easement to
service Blodgett Road. The cost of sewering through
the easement is $38,000, a difference of $8,000, and
he felt this difference in cost could not be disregarded
He explained that Mrs. Hagedorn' s mother, Mrs. Kirlin,
who lives at 8 Scotland noad, is present and does not
want the sewer and the easement going through her pro-
perty.
Mr. Homer Hagedorn asked what the figures really
meant in the terms of the number of people served.
Mr. Carroll replied that one more house could be
served by using the less expensive method
Mr. Hagedorn said his in-laws are opposed to any
easement and asked what would happen to the people on
the other side of Woburn Street in the area called the
Glen and asked what would happen if Scotland Road was
drained over that way.
Mr. Carroll said it would not be feasible, in his
opinion, to sewer Scotland Road over toward the Glen
as it would be going against the flow. He said he did
not think this had anything to do with that and he is
trying to find a way of sewering Blodgett Road. He
said the people on Scotland Road wanted to put the sewer
in at the same time and he could not see any better
solution. He explained that betterments would be assessed
against only one additional lot, his mother-in-law' s house.
Mr. Hagedorn asked about surface drainage, and Mr.
Carroll said there gould be no problem
Mr. Hagedorn asked if the Town could guarantee that
there would be no change in surface drainage, that the
basements in the area would not get wet . He said the
basements in the area re dry and if they get wet in
years to come , it is a direct result of selecting this route
Mr. Carroll said he could see no problem.
Mr. Nesbitt wanted to see the layout of the ease-
ment .
Mr. Carroll said he knew it was going to run along
the lot lines .
Mr. Nesbitt said a pumping station would solve the
entire area and they are being advertised for $3500.
Mr. Carroll explained the proposed location of the
sewer on the wall plan.
Mr. Nesbitt expressed concern for his tennis court.
Mr. Carroll said there would be no damage to the
tennis court .
Mr. Nesbitt said someone would have to pay for re-
surfacing his tennis court every year
Mr. Hagedorn said his purpose is to register an
4.CA!6
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objection to the easement on behalf of the Kirlins. He
asked if the Kirlins could defer connecting to the sewer
if this easement goes through.
Mr. Carroll replied that where there is no health
menace, the Board of Health does not insist on connecting
to the sewer.
Mr. Hagedorn said, ausuming that the Board is going
to take Mr. Carroll' s recommendation, he would like to
know the method of requesting deferment of the better-
ment .
The Chairman explained that a deferment is not re-
quested until the betterment has been assessed.
The Chairman said the Board would take the matter
under advisement and let Mr. Hagedorn know its decision .
The Kirlins and Hagedorns retired at 8:20 P.M.
Mr. Carroll said he would like a decision because
bids have to be taken in August
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to p roceed with the sewer con-
struction in Blodgett and Scotland Roads through an
easement , as he recommended.
Mr. Carroll reported that a couple of months ago,
the telephone company made a request to take out the
pay 'phone in the Town Office Building because it is
doing no business. They are realizing $7.00 a month
from this booth and should average $25. He said one
Telephone night Mr. Cataldo asked about installing another pay
Cary Bldg booth in Cary building The District Manager of the
company, Mr. Lester Coit1 said it would cost $900 to
$1,000 to put a 'phone in Cary building and he felt
sure the business would be less than $7.00 a month on
that 'phone . Mr. Carroll and Mr Coit thought it might
be possible to combine both booths into one by putting
a telephone booth outside the Town Office Building.
Mr. Carroll suggested the sidewalk on Massachusetts
Avenue ossibly near the mail box. He explained that
if the Doard does not want an outside booth, the company
will leave the booth in the Town Office Building.
The Board was not receptive to the suggestion of
a booth outside the building on the sidewalk, but no
definite action was taken.
Mr. Carroll referred to the mix used on Wortaen
Worthen Road Road and reported that Trimouiit Bituminous Products
Co. has agreed to resurface without cost to the Town.
Mr. Carroll reported that Mr. Burrell, Director
of Civil Defense, asked him to look at a track at the
427
Bedford Air Base last week. He said he did look at
it and it is in excellent condition and could be pur-
chased for less than $100. However, today Mr. Burrell
told him he was not sure he could get it . He told about
an International Stake truck with 16,000 miles which is
down at the Navy Yard. Because of the fact Mr. Burrell Civil Defens4
has a good Civil Defense program, the Town has an op- trucks
portunity to acquire some of this equipment. He said
he felt the Town could cut down on hired trucks for snow
removal if it had a few more trucks of its own. He said
Mr. Burrell has to know tomorrow whether or not he can
purchase this one
Mr Cataldo asked how much it would cost to attach
a plow to the truck, and Mr. Carroll replied about $1,000
to make it ready to plow
Mr. Sheldon asked where the funds would come from,
and Mr. Carroll replied he has sufficient funds in the
Road Machinery Account.
Upon motion duly made and seconded, it was voted
to purchase the International Stake truck
The Chairman read a letter from John M. Devine in
reference to a sewer betterment assessment levied an his
tennis court lot, Slocum Road, in the amount of $1,055.25.
Mr. Carroll presented a plan of the sewer which was Devine sewer
to serve Mr. Craig' s property and indicated the location assessment
stating a betterment was assessed against property owned
by Mr. Devine. He explained that if a lot were laid
out, and it could be done , it would be serviced by this
sewer . He said, however, that the house on the lot is
definitely not bettered
Mr. Sheldon said there would be no betterments until
there is a lot and asked if it were laid out on a plan.
Mr. Carroll replied in the affirmative, and explained
once a betterment is abated, the Town can never collect
it, but could make a connection charge in lieu of better-
ments. He agreed to draft a reply to Mr. Devine 's letter.
The Chairman read a let,er from James H. Fitzpatrick,
6 Green Lane, complaining about a sewer betterment as-
sessment of $630.
Mr. Carroll presented a Ilan and stated that when
the sewer was put through, he thought everyone would want
to connect, but it seems no one is interested. He said Fitzpatrick
most of the houses are close to Green Lane and have the Sewer
septic tanks out in front so there is some cost to re- Assessment
versing them. He said at the time Town Counsel said
the lots were definitely bettered and that betterments
could be assessed on a trunk sewer. Mrs. Fitzpatrick
called last week before this letter was written and was
concerned because three people had brought suit against
428
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the Town and had settled. When Mr. Carroll advised
her that she had received thesame notice of taking, she
admitted it and said perhaps they should have done
something about it. He said the Fitzpatricks know the
legal time within which to file suit has expired and
he thought they wanted something off the sewer connection
or betterment. However, he warned that if this is done
for one individual, all the others involved will expect
the same consideration.
The Chairman asked if Mr. Carroll had a recommendation,
and he replied that he did not think there was anything
the Board could do unless it decides to make abatements
on all of them; they all received the notices.
Mr. Cataldo asked how many people are involved, and
Mr. Carroll replied six, in the same category as Mr.
Fitzpatrick
The Chairman suggested, and the Board agreed, that
Mr. Fitzpatrick' s letter be acknowledged and to tell him
that the Board has taken the matter uncer advisement;
further consideration to be given the subject at the next
meeting
The Chairman read a letter from Mrs Carl Sweeney
requesting permission to move a house at 42 Blossom Street
to a vacant lot between 12 and 22 Bloesomcrest hoad,
Permit the mover Porter & Desmond.
Mr. Carroll reported that he has looked at the
location and there are no problems. The house will be
on Waltham Street for a very short distance.
Upon motion duly made and seconded, it was voted
to grant the permit subject to the usual provisions .
Mr. James Green and Mr. John Rudd, representing
the Stanley Hill Post of the American Legion, met with
the Board.
Mr. Green stated that the Post is mow working on
a Lexington Agriculture Fair and the admission would
be fifty cents for children under twelve, those ac-
companied by parents would be admitted free. He said
the location they are applying for is the enclosed high
school field as first choice and Parker Field as second
choice. The dates are Friday, September 13, from 6:00
P.M. until 11:00 P.M. , Saturday, September 14, from
10:00 A.M. until 11:00 P.M. , and Sunday from 1:00 P.M.
until 11:00 P.M.
The Chairman said the Board would have to contact
the School Committee on this and he thought there would
be objection on the Sunday program.
Mr. Hayes, a member of the Recreation Committee,
42
was present and said that the enclosed field wculd be
out he thought because the football season is approach-
ing that time . He said the group wants pretty much
of the Parker Field and the football practice is also
held on this field.
The Chairman said this is something that could
work out .
Mr. Hayes said as far as Parker Field is concerned,
something might be worked out.
Mr. Carroll said he was surd Mr. Mazerall would
object to the use of the enclosed field.
The Chairman said he thought the number one choice
was out
Mr. Hayes stated that a considerable amount of money
has been spent on the diamond.
Mr. Green said this area would not be included
Mr. Carroll said the area across from what used to
be Park Drive has been freshly seeded and should not
be used.
Mr. Brown asked how the program compared in size
to the July 4th affair.
Mr. Green said there would be three major rides
and two kiddie rides and between ten and twenty booths .
He also read a list of proposed activities which he gave
to the Chairman.
The Chairman said the Board would take the matter
under advisement.
Messrs Green and Rudd retired at 9:05 P.M.
Mr. Hayes explained that he was representing Mr
Kelly and would convey the information to him.
Mr. Hayes retired.
It was agreed to advise Mr. Green that no admission
can be charged to the enclosed field, approval for Sun-
day will not be given and more specific information must
be presented particularly to the area for the proposed
horse show, and to suggest that if a school site were
used, possibly admission could be charged.
Mr. Francis X. Morse, attorney for Alfred Iodise,
met with the Board relative to Mr. Iodice 's offer of
$1,000 for tax title lots 22-28, inclusive, on Marvin
Street.
Mr. Gray reported that the Board approved the
sale of the land upon recommendations of the Planning
Board and the original proposal of the bidder is dif-
ferent now. He referred Mr. Morse to the Planning
Board and they do not seem to have any objection. Tax title
Mr. Morse presented a plan entitled Lot #1 Plan
of Land in Lexington #1003 recorded July 11, 1963
Middlesex South District Registry of Deeds. He said
430
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the deed should be drawn in the names Alfred Iodice
and Lena E. Iodice, t by e.
Upon motion duly made and seconded, it was voted
to sell and con vey lots 22-28, inclusive, on Marvin
Street to Alfred Iodice and Lena E. Iodice, t by e, for
$1,000, subject to formal approval being received from
the Planning board
Mr. Gray read a memo pertaining to his meeting
with the board of Fire Commissioners relative to the
Commissioners' request for a transfer of $2,708 for
the maintenance of the fire alarm system.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $2,708 from the Reserve Fund to the Fire Depart-
ment Expenses Account for the Maintenance of the Fire
Alarm item.
Mr. Legro said the fire alarm system damage is a
strange situation. It occurred on March Li., 19b2 and
he received a letter dated February 5 which he read
to the Board. He reported information he had obtained
and said he did not think from the reports that the
oston Edison Company is liable
Mr. Gray referred to Mr. John Bellizia' s letter of
June 19 regarding the possibility of acquiring approxi-
mately thirty acres of land in the Meagherville section
Tax title He reported that the Planning Board will discuss this
subject at its meeting tonight and he was advised by
Mr. Snow that the Town voted to acquire 90% of this
land for its own use
The Chairman read a letter from Gordon E. Steele,
Chairman of the School Sites Committee, recommending
that a record be made, wherever advisable, of the
determination of the Town to purchase or take by
Record of eminent domain or otherwise acquire for school, play-
Town land ground, or other public purposes, all or any part of
land as voted by Town Meeting. He said records should
be made available so planners or prospective buyers
will know in advance of major expenditures that the
Town intends to acquire these parcels .
Mr. Gray reported that the Committee feels that
the Board of Assessors, Town Clerk, or some department,
should have a record of the land the Town intends to
acquire.
Mr. Legro pointed out that most of the discussions
on Town acquired land have been with the Planning Board
and the land voted to be taken is on record with the
Selectmen, Town Clerk, Planning Board and Board of Assessors
4111
When the Town Report comes out, it is also there. He
said he thought from what he had seen that the Planning
Board has all the records
Mr. Gray agreed to check with the Planning Board
and if they have a record, to so advise Mr. Steele
The Chairman read a letter from the American Broad-
casting Company reque-ting permission to make f_lms of
the Lexington Battleground, Buckman Tavern, Munroe Tavern,
Hancock-Clarke Housd and Cary Memorial Bu_lding.
The Chairman suggested that the Company be asked American
for more specific information and that a letter be sent Broadcasting
to the Lexington Historical Society forwarding this re- request
quest as it pertains to the three taverns
Mr. Brown suggested that Mr. Gray handle this by
telephone and to find out what the Company proposes to
do.
Letter was received from the Lexington Methodist
Church stating that the governing body of the church
voted to encourage the Selectmen to act upon the
Presidentts request that every local government ap-
point a bi-racial council to insure the civil rights
of all its citizens .
Mr. Cataldo asked if there were any actual problems
that would warrant such a committee.
Mr Sheldon said by appointing a committee, a situ-
ation may be created where none now exists He said he
was inclined to agree with Mr. Cataldo and questioned
if there are any situations that call for the creation
of such a committee.
Mr. Legro asked if there were such problems if it
was a municipal problem
The Chairman said he would like to discuss the sub-
ject with Mr. London Lindsay, i'astor of the Church
No action was taken by the Board
A request from the Lions Club for the use of the
enclosed field for July 3 and 4, 1964, was referred to July 4
the Recreation Committee.
Letters from the Animal Rescue League and the
Massachusetts B.P.0 A. , referring to the Pound Bill, Pound Bill
were received andcopies sent to the Dog Officer
The Clerk was instructed to send copies to the
members of the board
Upon motion duly m. de and seconded, it was voted
to appoint the following Election Officers for l9, 3-1964
432
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ELECTION OFFICERS
1963 - - 1964
D Edna F. Marshall R Agnes Heimlich
110 Woburn Street 796 Massachusetts Avenue
D Michael Lovezzola R Marjorie E. Wirpio
242 Waltham Street 22 Bartlett Avenue
R Mary E. Clifford R Helene L. Ignico
54 Chase Avenue 18 Outlook Drive
A Alice G. Marshall D John McDonough
9 Independence Avenue 54 Woburn Street
R Sally S. Hooper D Randall W. Richards
282 Bedford Street 67 Farmcrest Avenue
R Edna R. Anderson D Mary G. Oliver
21 Leonard Road 610 Waltham Street
D Eileen J. Fradette D Elizabeth F. Downey
35 Grapevine Avenue 4 Farmcrest Avenue
D Joseph 0. Rooney D Henry P.Meade
51 Grant Street 50 Percy Road
R Hazel G. Nickerson R Nellie I. Batstone
19 Hillcrest Avenue 49 Bartlett Avenue
D Mary J. Ferry R Ida B. Fiske
50 Downing Road 10 Spencer Street
D Ann L. Ford R Florenne M. Boone
1989 Massachusetts Avenue 112 Bedford Street
D Marjorie Modoono R Mary G. McCauley
285 Woburn Street 75 Spring Street
D Mary A. Spellman R Ilda J. Field
24 Shirley Street 30 Chase Avenue
i`
433
The Chairman read a letter from the 3245th Air
Base Wing, Hanscom Field, requesting permission to
place a mobile display within the center of the Town
on aly 27 and August 3, to obtain donations in sup-
port of the annual L. G. Hanscom Field Summer Festival
Program. Mobile
Upon motion duly made and seconded, it was voted display
to grant the request subject to the location being
determined by Chief Rycroft
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 Executive
made public , might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person .
Discussion was held on settlement of a claim pre-
sented by Mr. Legro, Town-owned house, employee 's sick
leave and vacation and water, it was voted to resume
the open meeting.
The meeting adjourned at 10:35 P.M.
A true record, Attest
n / / 7
ExicutIve er Selectm
434 h�
SELECTMEN'S MEETING
July 29, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, July 29, 1963, at 7:30 P.M. Chairaan Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr. Legro, Town Counsel, Mr. Gray, Executive
y
Assistant, Mr. Carroll, Superintendent of Public works,
and Miss Murray, Executive Clerk, were also present.
Mr. James J. Carroll, Town Clerk, had verbally
requested the drawing of three jurors. The following
Jurors individuals were drawn for jury duty: Wallace Curtis
Collins, 7 Tufts Road, Paul R. Drouilhet, Jr. , 359
Woburn Street, and Edmond M. Dewan, 30 Fuller Road.
Hearing was declared open upon petition of Craft
Cleansers, Inc. for permission to store 5,000 gallons
of #2 fuel oil underground on premises located at 171-
201 Massachusetts Avenue .
Oil Storage Mr. Michael Vidette, of the Arlex Oil Corporation ,
hearing representing the petitioner, was the only person present
at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of all property deemed by the Board to be affected
thereby as they appear on the most recent local tax list
and also advertised in the July 11, 1963 issue of the
Lexington Minute-roan. The application was approved by
Mr. B. J. Belcastro, Chief Engineer of the Lexington
Fire Department .
The hearing was declared closed and Mr. Vidette
retired at 7:35 P.M.
Upon motion dulymade and seconded, it was voted
to grant a license to Craft Cleansers Inc. , to maintain
an underground tank for the storage of 5,000 gallons of
#2 fuel oil on premises located at 171-201 Massachusetts
Avenue.
Mr. Legro stated that back the end of 1962 and early
1963 the Board had corresponded wihh Lieutenant Benjamin
Keith sewer Keith, 138 Burlington Street, with regard to the abatement
abatement of the sewer betterment assessment for a confirmatory deed
and release of damages. He reported that he now has the
deed and release of damages .
Upon motion duly made and seconded,it was voted to
41435
abate sewer betterment assessment in the amount of
$606.20 levied against property owned by Benjamin Keith,
138 Burlington Street, in return for confirmatory deed
and release of damages .
Mr. Legro stated that he had prepared a contract
between the Town and Warren Brothers Roads Co. for paving
streets and sidewalks. He explained that the corporate
vote is not now satisfactory to him, but the company's
counsel has agreed to send him an instrument that is
satisfactory. Street
Upon motion duly made and seconded, it was voted contract
to sign contract, prepared by Town Counsel, between the
Town and Warren Brothers Roads Co. , all copies to be
retained by Mr. Legro until the satisfactory corporate
votep.is received.
Mr. Legro stated that he had prepared a contract,
for painting various Town Buildings, between the Town
and The Kenney Co. which is in order for the Board's
signatures. Painting
Upon motion duly made and seconded, it was voted contract
to sign contract, prepared by Town 'ounsel, between the
Town and The Kenney Co.
Mr. Legro reported that the lease, with Minot, DeBlois
& Maddison, in connection with the parking area at the
rear of the stores, 1733 Massachusetts Avenue, has expired
and they are willing to enter into another lease. The
lease runs for one year from July 27, automatically renew-
able each year fpr a period of five years whereby they Parking
lease to the Town for $1.00 a year land used as a parking area lease
lot. renewed
Upon motion duly made and seconded, it was voted
to renew the lease with Minot, DeB1da & Maddison for a
period of one year expiring July 27, 1964.
At 7:45 P.M. , Chief John W. Hycroft met with the
Board and reported that one of the cruisers, responding
to a call was involved in an accident . The cruiser was Damage to
going down to East Lexington about forty miles an hour cruiser
with the siren going and as it approactaed the Follen
Church, a car was going to make a left turn. The cruiser
had ample room to go behind but suddenlythe driver changed
8
his wheels to pull out, apparently confused and in order to
avoid hitting the car, the cruiser hit a tree.
The Chief had Officer Forten look at the car and he esti-
mated damages to be $800. Rowe-Jackson' s estimate was
$835. He said the problem is whether to have the car
repa ired or replaced. Officer Forten recommended turn-
ing the damabed car in because of the type of work it is
436a
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involved in. He said Rowe-Jackson would probably allow
$700 for the car in its present condition and it would
cost $1,000 to replace it . He explained that these are
not firm figures. The Chief said he would like to take
the car he has now, which came out in the original bid
of three cars, without extras, and turn that in for a
cruiser and get a new six cylinder Chevrolet for his own
use. He explained that when he finishes with a car
it goes to the Inspectors and said there is a balance
of about $1300 in the appropriation of $49,000 for cruisers.
Mr.Burnell asked if the Chief would turn in the old
car, plus $1,000 and he replied in the affirmative.
The Chairman asked how much it would cost to convert
the Chief' s car into a cruiser and he repl ed about $45
He explained his car is the same as the cruisers except it
does not have lights or decals.
Damage to The Chief asked if he would have to request bids and
cruiser Mr. Legro replied that it is over $1,000.
The Chairman asked if, where an attempt is being made
to get everything standardized within a department, it would
require a bid and Mr. Legro replied that it is a purchase
of over $1,000.
Mr. Burnell suggested that the Town Counsel and the
Chief look into this on the basis of replacing the car
as suggested by the Chief.
The Chairman asked if the Board was in agreement that
the car should be replaced and the members of the Board
replied in the affirmative.
Upon motion duly made and seconded, it was voted
to trade in the wrecked police cruiser to meet the Chief's
requirements, the details to he worked out by the Chief
with Town Counsel.
Chief Rycroft retired at 7:57 P.M
Mr. Carroll referred to slope easements taken on
Concord Avenue and recalled that on October 29, 1962
the Board agreed to accept a grant of a slope easement
Monarch from Mrs. Monarch, 321 Concord Avenue, in consideration
release of of planting some trees at a cost of approximately $75.
damages He reported a telephone conversation with Mrs. Monarch
at which time she said she wanted the $75 instead of
having the shrubs planted. He stated that Town Counsel
has a release of damages drawn.
Upon motion duly made and seconded, it was voted to
authorize payment of $75 to Mrs. Monarch, 321 Concord
Avenue, in consideration of the granting of a slope ease-
ment.
Mr. Carroll reported on bids opened last Monday for
street and drain work.
Upon motion duly made and seconded, it was voted Street
to award the contract to L. Coletti & Sons, Inc. , at its contract
low bid of $134'921.60.
Upon Mr. Carroll's request, the Board granted him
permission to insert a notice in the Minute-man to the
effect that petitions for streets, sewer and water should
be returned by October 15, 1963.
Mr. Carroll reported that he had looked at the truck
at the Navy Yard which he mentioned last meeting could be Civil Defense
purchased for $1,000 through Civil Defense, but did not truck
think it was worth buying.
Letter was received from Mr. Greeley with further
reference to the subject of spraying and Dutch elm disease.
Mr. Carroll agreed to acknowledge it.
The Chairman read a letter from the American Public
Works Association Research Foundation relative to Snow
Removal and Ice Control in Urban Areas which Mr. Carroll
thought the Board should consider. Snow and
Mr. Cataldo said anything this foundation comes up Ice removal
with will be put into production within a very short
time.
' The Chairian suggested that consideration be given
the subject when budgets for 1964 are being discussed
and that the Foundation be advised that the Board is
interested in a progress report and would like more in-
formation.
The Chairman read a letter, signed by Francis W K.
Smith, attorney for Louis Stacie, Inc. , and Alexander M.
Hammer, Jr. , and Alice W. Hammer with reference to a
sewer betterment on Lot C. , Hancock Street . Request was
made that the unpaid betterment be divided between Sewer
Parcel-2 and lot C-1, the owners waiving notice of the betterment
intention to make the requested division of the betterment: Hancock
Upon motion duly made and seconded, it was voted Street
to apportion the unpaid balance of $524..78 between Lot C-1,
owned by Alexander M. Hammer, Jr. , and his wife, Ante
W. Hammer, and parcel C-2 owned by Louis Stocio, Inc. as
follows: Lot C-1 $511.25 and Parcel C-2 $13.53.
The Chairman read a letter from John H. Devine
with further reference to a sewer betterment assessment
levied against "Tennis Court Lot", Slocum Road, in the
amount of $1,955.25.
It was agreed to have Mr. Gray arrange for a
meeting .eith Mr. Devine and Mr. Carroll in an effort
4138
to explain the betterments to Mr. Devine' s satisfaction.
Further consideration was given to Mr. James H.
Fitzpatrick' s letter of July 9, 1963 relative to a
sewer betterment assessment in the amount of $630
levied against his property, 6 Green Lane.
Mr. Carroll reported that the award of damages on
the other properties was $350
Mr. Sheldon said the point was Mr. Fitzpatrick had
an opportunity to appeal and didn't.
Mr. Carroll explained that Mr. Fitzpatrick told him
that he had received a notice of the taking. He said
there are five or six other properties involved and he
frankly thought it would be a very bad precedent to
abate this betterment .
Mr. Sheldon suggested that the Board take no action
and Mr. Fitzpatrick be so advised.
Upon motion duly made and seconded, it was voted
Contract to sign a contract between the Town and the Commonwealth
of Massachusetts for Chapter 90 maintenance.
Upon motion duly made and seconded, it was voted
to grant petitions and sign orders for the following
pole locations, all having been approved by Mr. Carroll:
Massachusetts Avenue, southerly side, approximately
Pole 455 feet east of School Street, --
locations One pole.
(One existing j/o pole to be removed. )
Manning Street, southeasterly side, southwesterly from
from a point approximately 5 feet southwest of
Bedford Street, --
Five poles.
Grant Street, westerly side, approximately 260 feet
north of York Street, --
One pole.
(One existing j/o pole to be removed. )
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
July 15, 1963.
Mr. Carroll referred to traffic control on Worthen
Traffic Road through the center playground and submitted draw-
Worthen ings of proposed signs to be placed at each end of the
Road road. He reported that the Chief was of the opinion
that the signs would be beneficial and Mr. Burnell said
4a9
they were recommended by the Traffic Study Committee.
The particular design of the signs was left to Mr. Carroll
to g.etermine.
Mr. Carroll retired at 8:34 P.M.
Messrs. MacNeil, Lyon and Bartlett, Executive Com-
mittee of the Lexington Association of Independent
Insurance Agents, met with the Board.
The Chairman stated that the Board regards the
proposed change in the Town's insurance program a very
serious matter and is, therefore, proceeding slowly.
Mr. Burnell asked what the requirements are for
anyone desiring to belong to the Association.
Mr. MacNeil explained they must have an insurance
broker's license in the State of Massachusetts, must
have an office in the business zone area of Lexington
for at least two years, mut be an independent, non-
captive agent, and membership is limited to one member
per agency.
Mr. Burnell asked the reason for the two-year term
Mr. Lyon replied, part of it is experience. Many
people first in the insurance business are rather Executive
inexperienced and until they have had more, it is not Insurance
appropriate for them to get into this decision making Committee
area.
Mr. MacNeil said the Town has been besieged for
many years by the broker who is not really in the busi-
ness and it is the intention to have the business handled
by those who are full-time insurance agents.
Mr. Sheldon asked what they proposed to do to help
the Town which has not been done before.
Mr. Burnell explained in asking questions, it is
because he wants to be sure himself that if the board
does make a change it will be for the best as far as
the Town is concerned.
Mr. MacNeil said the thing the association is
striving for is what is best for the Town. He stated
that they have found many coverages lacking and find
that the cost can be improved. He said if the Board
thought it advisable, rather than just taking the
savings, it could add other coverages and tighten up
the Town'f financial structure . He said they feel
there are many ways to improve on the Town' s coverage,
and as the market stands now, a great deal can be
benefited cost-wise for the town. This is something
that should have and could have been done a long time
ago. He said there are many members who will provide
service on a continuing basis to the Selectmen or to
the agent of the Selectmen.
440
Mr. Sheldon asked if they intended to have a
smaller committee or one individual who would function
for the Town.
Mr. MacNeil replied that all the correspondence
would go through the secretary Mr. Lyon and he would
communicate with the rest of the organization.
Mr. Sheldon said someone has to be charged with
the duty of worrying about the Town's welfare, and
someone must watch it. He asked if this is what they
planned to do.
Mr. MacNeil replied this is their plan. They are
the executive bo4d of the Association and will keep
their eyes on it . He said the Board's intent would be
to go through Mr. Gray. He said all the members are
anxious to cooperate but so the Town will not have a
number of individuals bringing in separate ideas, this
will go through Mr. Lyon to the executive board.
Mr. Lyon said he would provide Mr. Gray with a
summary of the Town's coverage so any employees of the
Town could address their questions to him and he in
turn would consialt the association. He said he feels
there are people in the working level of the Town
employees who are not aware of the present insurance
coverage that exists The policies are kept in a tin
box in Mr. White 's office and nn one knows what is in
it .
Executive Mr. Sheldon said he assumed they would want to
Insurance make an exhaustive study of what the Town has and what
Committee it should have and what can be saved
Mr. MacNeil said it might be more beneficial to
start off with the existing insurance and then do a
detailed study of each phase, reporting to the Board or
Mr. Gray
Mr. Sheldon said he felt when someone is asked to
do a job involving a lot of work, a certain obligation
is incurred He said if such a survey was requested by
the Board, he assumed the association would be willing
to gamble on it .
Mr. MacNeil said they were not willing to gamble
much more time . He said he felt they have furnished
the Board with substantial information upon which they
feel the Board should be able to make a decision. He
said even on the preliminary basis there are savings .
Mr. Sheldon asked how commissions would be allocated
under the proposed program and Mr MacNeil replied that
is spelled out in their By-Laws .
Mr. Gray said if insurance people met the three
qualifications, he assumed there would be no reason for
keeping them out of the organization
441
Mr. Lyon said if anyone qualifies under the By-Laws,
they would be welcome to join.
Mr. C-taldo said as far as the structure is concerned,
the association's secretary will be a liaison man and there
will be no actual broker of record
Mr. MacNeil said the phrase broker of record has
been overstated A broker of record is necessary to
the Insurance Rating Association of Massachusetts in
order to rate work to accomplish certain rate benefits
Mr. Cataldo asked if Mr. Lyon would be the secretary
at all times, and Mr. Lyon replied this would be the most
convenient way
Mr. MacNeil said the association goes direct to its
companies which provide engineering services These
people, with the Board 's permission, find out why the
rates are established as they are. Then they give the
association information if thus and so is done how
savings can be made and coverage improved.
Mr. Cataldo said from the presentation the execu-
tive is appointing the secretary as liaison and the
Board couldn't say who it would be
Mr. MacNeil said one office should be designated
and it does not matter .
Mr. Gray asked if they would leave this up to the
Selectmen to determine
Mr MacNeil replied if they wish Only the agent
of Record would get the information.
Mr. Cataldo asked, no matter who this is, if each
member had an equal right, and Mr. MacNeil replied in
the affirmative.
The Chairman said now the Board votes on the
allocation of commissions and this it would no longer
be able to do.
Mr. MacNeil said that was correct
The Chairman asked if the executive committee
would rotate and Mr MacNeil replied in the affirmative.
The Chairman referred to the committee 's statement
that $4,000 or $5,000 could be saved and asked if this
was on a mutual basis .
Mr MacNeil replied not necessarily. They also
have stock company facilities available which may result
in the same savings
Mr. Brown said a detailed study involves a great
deal of time and would cost a considerable amount of money.
He asked hiw often shotid something of this type be done
for the Town
Mr . MacNeil replied that they should get into the
present program. Beyond this is to go into every phase
of coverage in which the Town could be interested and
beyond that to correlate all this material for any one
442
time of the year would be exhaustive for them and for
the Board. As coverages come up for renewals, they
are studied and presentations are made various times
of the year If, at budget time, it would help to have
it all presented at a particular time of the year, this
could be done. To have everything readybyMarch first
y g
would mean starting early.
Mr. Cataldo said th t Mr MacNeil felt a complete
study first is not the approach.
Mr. MacNeil said no, because he did not think this
would ever get off the ground. He said he thought the
preliminary study can be substantial saving. Mr. MacNeil
said he has found th at the Town has not be re-rated
firewise for twenty-eight years Perhaps in these
twenty-eight years the Town may not have been in condition
to be considered for improved rating, but during the last
fifteen years , the Town has made improvements so he feels
there is a big possibility of getting the entire Town
reserviced.
Mr Burnell asked if a study like this would indi-
cate that the Town might have to build another fire
station..
Mr. MacNeil replied in the negative. He said he
felt rates could be reduced. He said if the Town con-
templated or if the rating association said if the Town
did construct another fire station the rates would go
to another level and this would be good to have.
Mr. MacNeil said the P. I.P. form was available
October 17, 1960 and the Town could have had it at least
a year before it did. He said he thought Mr Hill cost
the Town money because his office did not put this in
effect soon enough, and this slowness is not beneficial
to the Town.
The group retired at 9 :15 P.M.
Mr. Ernest A. Giroux, Mr. William T. Welsh and Mr.
A John Gale, Minute Man Park Realty Trust, met with the
Board.
Mr. Giroux said they purchased the Central Block and
there is a recurring article in the Town Report with
respect to the old fire station site. He said any plans
the Trust may formulate will depend a great deal on that
piece of property, and asked the Board what its plans
were for that piece of land.
The Chairman said each year there is an article in
the warrant to permit the Board to sell or exchange this
land.
Mr. Giroux said what they own now is an ell-shape
piece of land . The fire house property cuts into the
back of their land and they need to know what the Town
443
has in mind as far as an exchange goes. He said they
have heard that the Town wants to widen Massachusetts
Avenue the full length. They would have to have an
agreement and know the exact amount that would be in-
volved in the front so they can plan. He explained
they do notnexpect to build the building, knowing the
Town is interested in acquiring the front land. They
cannot build any building immediately under the terms
of purchase because the purchase was subject to a lease
which expires in 1965. Their plans are to build a new
building as soon as they are able . He said nothing
will be a final plan until they know exactly what land
they will have and what their relations with the Town
will be. Central
Mr. Welsh said the first problem is the shape of Block
the land and the Town's desire to widen Massachusetts
Avenue . He said they could trade any time.
Mr. Sheldon said there is a definite footage set-
back that has been contemplated and asked if this was a
matter of record.
Mr Burnell said that somewhere there must be plans
for widening the street at this point , and asked if it
wouldn't be better to have a member of this group meet
with Mr. Carroll and Mr. Gray to work out the groundwork.
He said this is something that must be done over a plan,
and he was very much in favor of continuing the widen-
ing of Massachusetts Avenue
Mr. Wash said they want to get a plan of action
started.
Mr. Sheldon said he liked Mr Burnell 's suggestion
so that something concrete can be brought up for dis-
cussion.
It was agreed by all present that Mr. Gray and
Mr . Carroll would work this out and present the plan
to the Board of Selectmen.
Mr. Giroux said until some agreement is reached
with the Town, they cannot do anything.
The group retired at 9 :30 P.M.
Letter from the Board of Fire Commissioners re-
questing a ruling from the Board relative to classi- Fire Dept
fications for menr
pe forming extra duties, other than extra duty
those under which they are classified, was held over
for the 1964 Tudget discussions .
The Chairman read a letter from the Board of
Fire Commissioners requesting a letter stating the
recommendations suggested by the Board at its joint
meeting on July 1, 1963. The Clerk was instructed
444 ,,,
v
to send the Commissioners a copy of the records of ,
the meeting.
Further consideration was given to Mr . Kenneth
Kelly's offer to purchase tax title lots 20 and 21,
Block 16, Earl Street
Tax title It was agreed to invite Mr. Mab e, Chairman of
the Planning Board , to meet with the Selectmen to
explain that Board 's reasons for holding out for a
large lot in an area with smaller lots .
Mr. Gray presented a plan and indicated tax title
lots located on Freemont and Asbury Streets for which
offers to purchase had been received from Milton Hodgdon,
Mrs . Albert A. Ross, Harold Michelson, George Pisiello,
Cyril R. Pratt and James Haydon.
The Chairman reported that Mr Richard D Hamilton,
who made an offer in 1960, called him to find out whether
or not his offer could be accepted. He did not submit
another bid because he thought his original bid would
Tax title be sufficient .
Mr. Gray was re -uested to find out from Town Counsel
if Mr. Hamilton's offer could be considered and if so,
if he would accept the Planning Board 's recommendation
in regard to the lots.
Mr. Gray was also instructed to find out whether
or not Mr. Pisiello 's offer included betterments .
Consideration is to be given the offers at the next
meeting of the Board on Monday, August 12.
Mr. Cataldo referred to the Civil Defense warning
system and asked if he was correct in his thinking that
the system was put out on bids
The Chairman replied in the negative and Mr Cataldo
Warning asked what the advertisement was in the paper requesting
system quotations on a warning system He asked how this could
be putout for bid without the tests being made.
The Chairman said the tests were being made at no
cost to the Town.
Mr. Cataldo asked how they could be put out for bid,
He asked how anyone could bid without knowing thelocations.
Mr. Burnell said they were buying a certain number
of stations and this was something they agreed to.
Mr. Cataldo asked who was supposed to know what is
going on in this department .
The Chairman replied the director, and said the
test is to determine where these installations will be .
Mr. Cataldo said he could not see anyone putting
out a bid asking for seven stations but not knowing where .
11
44.E
The Chairman asked if Mr Cataldo would be willing
to discuss this with Mr Burrell.
Mr. Brown said he would like to know the answer
Mr. Cataldo said he would never enter into a contract
on this basis .
It was agreed to have Mr . Gray discuss the subject
with Mr . Burrell and .eport to the Board.
Mr. Gray was also requested to obtain definite in-
formation relative to tying in the firealarm system.
Letter was received from Mr. Samuel P. Snow stating
that he is available to undertake the preparation of a
detailed plan for the development of the Town's central
playground or plana for the development of any other
recreation and school grounds. Recreation
Mr. Cataldo questioned whether or not Mr. Snow areas
could do this because of a conflict of interest as
he did not leave the employ of the Town until after
May 1.
The Chairman said he would like an opinion from
Town Counsel.
Mr. Gray said he would compare the old plan for
the Town's central playground with the Recreation and
School Committee 's plan.
Mr. Gray suggested a meeting with the School
Committee, Planning Board and Board of Selectmen.
The Chairman read a letter from Mrs . Abraham
Brooks, North Easton, suggesting that the statue of the
Minute Man be turned around, her reason being that it
is hazardous for tourists to take pictures
It was suggested thtrt some type of sidewalk might
be installed in front of the statue so that tourists
could take pictures in safety
The Chairman read letters from Mr-. James E.
Collins, Director of the Public Welfare Department ,
requesting transfers of funds to pay necessary dental Transfers
bills for Linda Iverson, 26 Cottage Street, and for an
artificial leg forWilfred Burgess, 30 Cottage Street
Upon motion duly made and seconded, it was voted
to request the Trustees of Public Trusts to transfer
the sum of $164.00 for the Iverson girl and the sum of
$302.72 for Mr Burgess, from the Bridge Charitable
Fund
The Chairman read a letter from the Boston
Traveler "Tell It To Joe" editor, requesting assistance "Tell It To
in regard to a letter received by the paper pertain- Joe"
ing to Children playing in the streets because they
live two miles r'rom the nearest playground
44 6 3C
� r
LT
C.�
Further consideration was given to letters re-
ceived
lest meeting from the MSPCA and the Animal
Rescue League with reference to the Pound Bill .
Pound Bill It was agreed to request the State Represbnta-
tives, Senator and the Massachusetts Federation of
Taxpayers for assistance in enacting proposed legis-
lation which would remedy the situation.
Letter from Brigham's Inc . , Cambridge relative
to a recent complaint filed by the Savings Bank was
Complaint noted and placed on file. A copy of the letter is
to be sent to the bank and to the Chief of Police.
Rev . Landon Lindsay's letter relative to the
appointment of a bi-racial council was held over ,
the Chairman having reported that he has been un-
successful in contacting Mr. Lindsay.
Application was received from Mrs . R. E. Sessions ,
on behalf of the American Association of University
Women, for the use of Estabrook Hall the first Wed-
nesday evening of every month from October until April.
Use of Upon motion duly made and seconded, it was voted
Hall to grant the use of the hall, free of charge, with
the understanding that if the hall is needed by the
Town on any one of the Wednesday nights, the group
will have to make some other arrangement for its
meeting
Upon motion duly made and seconded, it was voted
to grant the following licenses :
Licenses John Mammola, d.b .a. The Coach, Common Victualler, #316
Marrett Road ; Lexington Bowladrome, Sunday Bowling,
#1698 Massachusetts Aven us, Peter A. Boeing, Taxi Driver ,
1 Adams Street
Upon motion duly made and seconded, it was voted to sign
an Order for the construction of a sewer in Estabrook Road
Sewer from end of existing sewer 245 feet, more or less,
Order southerly to Grandview Avenue, in the following form:
(See Selectmen 's Files, Sewer Orders, 1963 . )
Mr. Gray reported that a switchboard operator to
replace Miss Day, who resigned, is willing to take the
Switchboard position for $61 . The starting salary in the Evans
Operator ' s Report is $59. This girl has seven years' experience.
salary Upon motion duly made and seconded, it was voted
to authorize payment of $61.00 per week .
447
Mr. Gray read a letter from the Board of Assessors
requesting a transfer of $1,000 for Personal Services .
Mr. Gray said he did not understand why the Assessors
needed additional funds to get out Group No. L. Assessors
They have a girl hired on a part-time basis and there
is $1200 in that budget for part-time help. He said he
understood that Group No. 2 was work the Assessors would
have to do and to him, it was off-season work
Mr. Gray said he would obtain more information and
report to the Board.
Mr. Burnell said if the Board must spend $1,000
to save $14,000, he would be in favor of doing it . On
the other hand, he thought some common business sense
should be used. They should think over their work and
try to use the people the department has. He asked
if vacations had anything to do with this, and Mr. Gray
replied that he did not know.
Upon motion duly made and seconded, it was voted
to elect Mr. Levi G. Burnell Chairman of the Board
during Mr. Colets absence in August when he will be
stationed at Camp Drum.
The meeting adjourned at 10 :50 P.M.
A true record, Attest; , /
i , •
c v le 4, elec *7-aer
J
I
448
4.1
SELECTMEN'S MEETING
August 12, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, August 12, 1963, at 7 :30 P.M.
Chairman Cole, Messrs Burnell, Brown, Cataldo, and
Sheldon were present . Mr. Legro, Town Counsel, Mr.
John Carroll, Superintendent of Public Works, Mr.
Gray, Executive Assistant, and the Acting Clerk were
also present .
At 7 :30 P.M. , hearing was declared open upon the
application of Shell Oil Company for permission to keep,
store and sell 12,000 gallons of gasoline, 500 gallons
of waste oil, and 1,000 gallons of fuel oil to be used
to heat the building, all in underground tanks, and
1,000 gallons of motor oils, 500 gallons of antifreeze
Shell Oil to be stored in metal containers or steel drums above
storage ground, on the premises located at the southerly corner
hearing of Bedford Street and Worthen Road.
Notice of the hearing was mailed to the petitioner,
owners of all property deemed by the Board to be affected
thereby as they appear on the most recent local tax list
and also advertised in the July 25, 1963 issue of the
Lexington Minute-man. The application was approved
by Mr. B. J. Belcastro, Chief Engineer of the Lexington
Fire Department .
Mr. Harold E. Stevens , representing the petitioner ,
Mr McDonough, Real Estate Representative of Shell Oil
Company, and Mr. Gallagher, Boston Engineer, and Mr.
Frederic K. Johnson were present at the hearing.
Mr Stevens explained the location as being on the
southerly corner of Worthen Road and Bedford Street,the
Stop and Shop area, presented the plan filed with the
Board of Appeals showing the particular corner lot to
which this application relates. He stated that Mr.
McDonough and Mr. Gallagher would answer any questions
that he might not be able to. He stated that a hearing
had been held with the Board of Appeals, who granted
the permit subject to terms and conditions set forth;
it was filed with the Town Clerk on August 1 and the
Registry of Deeds on August 6 . He stated Shell's option
on this land covers this entire parcel, but they are
interested only in this corner lot; the rest of the
land is C2 and will be developed for C2 uses . The resi-
dential areas will have to be used for residential pur-
poses. He gave the Chairman a letter from Athens Realty
Trust which he read to the Board.
449
IIMr. Johnson stated he had no opposition. His only
interest is that it be a relocation, and as stated by
the Board of Appeals, demolish the building it doesn't
permit .
Mr. Stevens stated th.:t these permits have to be
registered every year, and if there was any question
about it, he was sure the Shell Oil Company would be
happy to file with the Town Clerk, The building will
be demolished, the tanks removed, instead of being
filled with sand, and that is what will be done.
Mr . Cataldo asked how many gallons of gasoline the
permit called for now, and Mr McDonough replied 10,000
gallons on the Jenney Station, but they do not utilize
10,000 now.
Mr. Stevens showedthe Board a picture of the
station, which he said was shown to the Board of Appeals .
Mr . Johnson stated he wished a cancellation of the
permit when the company gets the new station, and Mr.
Stevens replied they will be very happy to have them
rescind the permit at the time they take the deed.
The Chairman stated that the question of storage
tanks is under the jurisdiction of the Selectmen
The hearing wes declared closed and Messr.S.. Sheyens,
McDonough and Gallagher retired.
Upon motion duly made and seconded, it was voted
to grant Shell Oil Company a license to keep, store
and sell 12,000 gallons of gasoline, 500 gallons of waste
oil, and 1,000 gallons of fuel oil to be used to heat the
building, all in underground tanks, and 1,000 gallons of
motor oils, 500 gallons of antifreeze to be stored in metal
containers or steel drums above ground, on the premises
located at the southerly corner of Bedford Street and
Worthen Road.
Mr. Legro reported he had a contract ready to be
signed between the Town and L. Coletti & Sons, Inc. ,
for street and drain work in the Town of Lexington.
He stated he was lacking insurance requirements but
would hold the agreements until certificates were re- Contract
ceived.
Upon motion dummy made and seconded, it was voted
to sign the contract between L. Coletti & Sons, Inc . ,
for street and drain work in the Town of Lexington
subject to the restrictions as outlined by Mr Legro .
Mr. Legro reported a suit brought against Fireman
operating Engine #2 at the corner of Bedford Street
and Hartwell Avenue on April 23, 1962, and asked if Town Counsel
the Town Counsel should represent the employee .
450
C-
Upon motion duly made and seconded, it was voted
that Mr. Legro, Town `'ouxltsel, represent the employee.
Mr. Carroll reported that on August 5, bids were
taken on sewer main on Lowell Street and Fast Street.
There were eleven bidders and the low bid was $69,575.00
Bid for Through an error it should be $70,645 00, and the bidder
sewer was Charles and Louis Construction Company, Inc. He
stated he has checked them, their equipment and experience
and they are good contractors, and suggested that the
Board award this bid to them at a bid price of $70,645.
Upon motion duly made and seconded, it was voted
to award the bid for gravity sewers in the Town of Lex-
ington to Charles and Louis Construction Company in the
amount of $70,645.
Mr. Carroll stated he had a minor problem. Over
in the Cary Building, the painting has been subject to
a lot of criticism in thatit could not be seen. When
,1 Painting - Mrs. Morey was Chairman, she suggested that something
' Cary Building be done about the lighting. Mr. Carroll has talked
with Mr. Aiden Ripley who approves his suggestion that
an 8 foot fluorescent tube be installed, just inside
the iron railing, and they both feel it will do a
remarkable job, as much more of the picture may be seen,
much more than cleaning the painting. He would like
to be authorized to install this tube.
Upon motion duly mace and seconded, it was voted
to authorize Mr. Carroll to have an 8 foot fluorescent
tube installed inside the iron railing to light up the
painting in Cary Memorial Building.
Mr. Cataldo mentioned the telephone booth for Cary
Building. He suggested that the booth which is in the
ITelephone Town Office Building be moved over there, but it was the
booth consensus of o inion of the Board that it should be left
as it is , and have a new booth installed in Cary Building.
Mr. Carioll referred to the Hartwell Avenue dump
site and stated he would like to start dumping soon.
He said the present dump would be used up by the end
of this year and they would have to go into the Hartwell
Avenue site shortly. He presented a plan showing the
area, stated they need a fairly large area, 200 feet
wide. He stated first they must make sure Kiln Brook
is not polluted. There are also high tension wires
which could cause a lot of trouble. Mr. Carroll stated
they would have to take bids for fill so the dump would
be ready late this year or early spring . Mr. Frank
Heaney has advised him and he feels le should start
451
the way he advised by filling over the peat andbringing
in material. He stated it would be expensive, but felt
they couldn't excavate the peat . He said there was six
to eight feet of peat .
Mr. Cataldo suggested doing as Arlington had, but
Mr Carroll replied that Lexington does not have rubbish
collection as Arlington does , and we should wait until
Kiln Brook is cleaned .
Mr. Carroll requested the Board to look at the
present dump before they leave it . Early in the fall
some areas could be filled in, and he would like to know
what shape the Board wished this property left in. He
stated there are some lovely Oak trees, and the dump
would be fenced in eventually, that it was partly fenced
now.
The Board agreed to make a trip to the dump with
Mr . Carroll, and advised him to go ahead with the new
dump area.
Mr. Carroll brought up the matter of sidewalks,
which ones should be done in 1963 . He has talked with
the School Department and they feel the Grove Street
sidewalk is imperative. Helisted them as follows :
Grove Street from Burlington Street to the Estabrook
School; Grove Street from Gould Road to Carriage Drive;
Massachusetts Avenue up to Wood Street to Holton Road;
Lowell Street ; a small stretch of sidewalk on Emerson
Road near East Street ; Woburn Street from Vine Street
to Utica Street ; Lincoln Street in front of Hayden Re-
creation Center . There are no other sidewalks which
will eliminate buses unless there is a new school or
districts changed. He stated there is enough money,
$14,000.00, to construct sidewalks which he described .
He would like $55,000.00.
Mr. Cataldo asked about Oak Street , and Mr. Carroll
replied it would be done under resurfacing this year.
Mr. Carroll steted that Grove Stxeet would be done
under Whitman & Howard 's engineering, and the others
would be the Town's engineering .
The Chairman read a copy of letter to Mr. Carroll
from Mrs . John G. Dugan, 3L1. Middle Street, with refer-
ence to rusty water. Rusty water
Mr. Carroll reported that they have pumps in thirty
pits, had approval of the Board of health, and in a week
or so he would put Calgon into the system.
Mr. Cole reported that he had been to see Mrs. Chu
and she is still using spring water; that their tap
water is still discolored.
452MC
The Chairman read a letter which Mr. Carroll had
sent to Roketenetz with regard to the garbage collection.
Mr . Carroll stated he felt the Bard should talk
with the bonding company. He has talked many times
with Roketenetz but feels it is simply lack of super-
Garbage vision and until he has it , he will not have good col-
I collection lection. Mr . Roketenetz has been charged over $300
for missed collections, and the office has been getting
forty or fifty calls a day. Mr . Carvoll has been putting
on his own trucks .
Mr. Burnell suggested that an up to date study be made
on the subject and a report made to the Board. He
inquired when the study was made and Mr. Carroll replied
1961.
Mr. Sheldon advised that the bonding company be
contr and Mr. Gray was authorized to contact the
bonding company representative and report back to the
Board in two weeks
Mr. Burnell stated a special meeting should be
held on this subject , not at a regular meeting, and
not with Roketenetz, but on the problem that lies ahead.
Letter from the Board of Health, with regard to
complaints on the garbage collection, copies of which
Garbage were sent to the Board, was discussed. 11complaint The Board agreed to meet with the Board of Health
early in September.
Letter from Mrs . J8hn L. Malaguerra, 11 Plainfield
Street, was read by the Chairman
Garbage It was agreed to advise Mrs . Malaguerra that the
complaint Board is aware of the garbage situation and that every-
thing is being done at the present time to alleviate
the situation
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of discuss-
Session ing, deliberating or voting on a matter which, if made
public, might adversely affect the public security, the
financial interest of the Town or the reputationaf any
person.
Following a report on Town-owned house, Assessor 's
request for trantifer, and an employee of the Town 's sick
leave and vacation pay, it was voted to resume the open
meeting .
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing j/o Pole location:
Ames Avenue, northerly side, easterly from a point
approximately 115 feet east of Carville
Avenue, --
Five (5) poles
453
Mr. Carroll retired at 8 :50 P.M.
Mr . Converse Hill and Mr. Norman Stolz, Brewer and
Lord, met with the Board relative to the Town's Insurance
Program.
Mr. Hill stated that there had been erroneous state-
ments made, and felt perhaps the company had been too
conservative For over fifty years, Brewer and Lord
has taken care of insurance competition, and have had
no criticism from any Town official. He felt Brewer and
Lord had been immeasurable help to the Town ''ounsel many
years ago,to the School Committee, for legal questions,
and service rendered various times. With over seventy
people employed by them, he felt theiewere in a position
to serve the Town to better advantage. He then intro-
duced his son-in-law, Mr. Norman Stolz, who, he said,
was better able to set forth the savings Brewer and Lord
had made to the Town
Mr. Stolz gave the figures on reduced rates, cash Insurance
return premiums, the savings under the P. I. P. plan.
Mr. Cataldo asked about the erroneous statements
and Mr. Hill mentioned two or three, but preferred not
to discuss it at the meeting .
Mr. Stolz listed a number of comparable towns for
whom they handled the insurance.
Mr.Legro asked Mr Stolz what background there is
for not having coverage on personal injury liability,
but Mr Stolz did not have the answer on that particular
phase but would look into it and report back to the
Board.
Mr. Cataldo stated it is a serious decidion to make .
Mr. Hill stated if the insurance should be cancelled,
there is quite a liability The return premiums would
be $28,500, $4,000 commissions
Mr. Hill and Mr Stolz retired at 9 :35 P.M.
Mr.Nickerson, Chairman, Messrs . Ripley, Abbott,
Hoyt of the Board of Appeals ; Mr Reed, General By-Laws
Committee; members of the Planning Board and Mr. Snow,
met with the Board. Executive
Upon motion duly made and seconded, it was voted Session
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.
Following a discussion of Section 14F, it was
voted to resume the open meeting.
Mr. Irving Mabee, Chairman of the Planning Board,
referred to the Selectmen 's letter to that Board of
454
Cu
July 30, 1963, relative to Mr Kenneth Kelly's offer
Tax Title to purchase lots 20 and 21, Block 16, Earl Street
(Kelly) Mr Mabee stated that the Planning Board ' s reason
for holding out for a large lot is so that it will
be in keeping with the lots in the immediate area
Mr . Gray reported on the letter from the Board
of Assessors, held over from the last meeting of
the Board.
He stated that he would suggest that a transfer
be requested from the Appropriation Committee, as the
Assessors need the money; also that a special meeting
be held with the Assessors to determine whether more
Transfer help is needed.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee totransfer
the sum of One Thousand Dollars ($1,000.00$ from the
Reserve Fund to the Assessors Personal Services Account.
Mr . Gray referred to Mr. Richard Hamilton 's offer
of February, 1960, with reference to lots 243-258,
inclusive, on Asbury Street and lots 234-242, inclus-
'Tax Title ive, on Freemont Street.
' (Hamilton) = Mr. Gray asked Town Counsel if this offer was re-
voked by a lapse of time, and could the Board accept
the offer, and Mr Legro replied in the affirmative.
It was suggested that Mr . Gray contact Mr. Hamilton
to confirm his bid on these lots as proposed by the
Planning Board and approved by the Selectmen.
Mr. Gray also referred to the offer of Mr. George
Tax Title Pisiello, 48 Freemont Street, for lots 631-6344:
(Pisiello) inclusive, on Freemont Street, in the amount of $2400.
This offer was rejected.
The Chairman read a letter from Motorola Communi-
cations and electronics Inc ic with reference to a
system of contract maintenance for Two-Way Radio
Radio Equip- Equipment .
went Maint . It was suggested that Mr. Gray look into the
matter further and report back to the Board
Mr. Legro retired at 10 :35 P.M
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on July 29, 1963.
The Chairman read a letter from the Planning board
relative to the establishment of conservation commissions
455
in Massachusetts municipalities . Conservation
The Board voted to hold this over until its Commissions
next meeting.
The Chairman read a letter from A. G. Pollard
Company, Lowell, with regard to a new branch store in
the Great Road Shopping Center, Bedford . Permit
After consideration of their request, it was voted
to deny the distribution of handbills or to have loud-
, speakers, but authorize permission for the Coach to
be driven into the center of Town.
Representative Starr 's memorandum of July 17
meeting with the State Department of Public Works Memorandum
was read and placed on file.
Application from Rowe Chevrolet, Inc. , 39-41
Bedford Street, for a change of name in their Ist License
Class Agent 's or Seller 's License, was read
Upon motion duly made and seconded, it was voted
to issue the license changing the name from Rowe-
Jackson Chevrolet, Inc. to Rowe Chevrolet, Inc .
Application for a yearly dump permit by Paul Usik,
29 Pleasant Street, for his own use, was read by the Yearly
Chairman dump permit
Upon motion duly made and seconded, it was voted
to grant the permit .
Letter from Blair L. Perry, 11 Bellflower Street ,
with reference to the Special Election held on June 17, Special
1963, was read by the Chairman Election
The Chairman stated he would reply to the letter
Upon motion duly made and seconded, it wavoted
to sign Certificates of Incorporation on behalf of the
following individuals, satisfactory character refer- Certs . of
ences having been received from the Chief fo Police: Inc .
Charles B Peck, III, 94 North Street, Lexington
Alfred H. Bloom, 21 Demar Road, Lexingtcn
Lexington Montessori School, Inc , 4 Douglas Road
John B. Butler, 44 North Street, Lexington
John F. Paratore, 11 Berwick Road, Lexington
Vincent Paratore, 22 Leonard Avenue, Lexington
Joseph E. Halley, 18 Baker Avenue, Lexington
Upon motion duly made and seconded, it was voted to
grant Phe. .following licenses, all having been approved
456
3C
by the Chief of Police:
Licenses
William George Evans, 18 Oxbow Road, Lexington Taxi Driver
Jonathan Weems, 4 Eustis Street, Lexington Guide
John Baldasaro, 33 Newtowne Court, Cambridge Common Victualler
The Chairman brought to the Board 's attention two
applications for Women Police Officers for school traffic
Women Police duty, approved by Chief Rycroft .
)fficers Upon motion duly made and seconded, it was voted
to appoint the following women Police Officers for
school traffic duty
Edna Frances Marshall 110 Woburn Street
Mary M. Hagerty 15 Wheeler Rodd
The Chairman read a letter from the Lexington As-
Insurance sociation of Independent Insurance Agents, with regard Insurance
to the Town 's Insurance Program.
The letter was placed on file.
Mrs . Morey 's letter of February 9, 1961, to Mr.
Haskell Reed, relative to studying and reviewing the
Precinct precinct boundaries, was read by the Chairman.
boundaries The Board feels that at the present time there
is no need for a restudy.
The Clerk was instructed to write a letter to
Mr. James Dunne, District Highway Engineer, State
Department of Public Works , Arlington, informing him
that the Board had established a charge of $3.00 per
hour for Police Officers assigned to extra traffic duty
The meeting adjourned at 11 :10 P.M
A true record, Attest : 41-914, � �U
111
Acting Clerk, Selectmen
n,
457
SELECTMEN'S MEETING
August 26, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, August 26, 1963, at 7:30 P.M.
Messrs . Burnell, Brown, Cataldo and Sheldon were pre-
sent. Mr. Legro, Town Counsel, Mr. Grayly Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Mr. Burnell acted as Chairman in the absence of
Mr. Cole, hating been elected at a previous meeting.
Miss Mary R. McDonough, Assistant TownClerk,
met with the Board for the drawing of three jurors .
The following individuals were drawn for jury duty: Jurors
Robert S. Bernstein, 27 Sanderson Road; Emerton M.
CalWert, 87 North Street; Albert W. Hanlon, Jr. , 22
Fletcher Avenue.
Miss McDonough retired.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate pole, Pole, guy
four guy wires and anchors on Robinson Road. wires and
Mr. Stickney, representing the Boston Edison anchors
Company, and Mr . Cooley, representing the New England
Telephone and Telegraph Company, were the only persons
present interested in the hearing.
Notice of the hearing was mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plans and alsofiled with the Superintendent
of Public Works.
Mr. Stickney explained the petition has been pre-
sented due to the reconstruction of Grove Street and
Robinson Road at Route 128. He said the first item
on the petition is a temporary pole while construction
is going on. There will be two poles to replace this
which cannot be set until the construction has been
completed. The second item is relocation of the exist-
ing pole where Robinson Road is being widened.
Mr. Higgins, Assistant Town Engineer, had approved
the proposed locations.
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, guy
wires and anchors on Robinson Road :
1
45$
st
Robinson Road, southerly side, at Grove Street, --
Onerpole . Four guy wires and anchors
Robinson Road, northerly side, approximately 545
feet east of Grove Street, --
One pole
(One existing JO pole to be removed. )
At 7 :35 P.M., hearing was declared open upon
petition of the Boston Edison Company for permission
to locate seven poles on Concord Avenue .
Mr. Stickney, representing the Boston Edison
Company, and Mr. Charles Tenney, representing radio
station WCOP, were the only persons present interested
Pole in the hearing.
location Notice of the hearing was mailed to the petitioner,
owners of the property as listed on the petitioner's
plans and also filed with the Superintendent of Public
Works.
Mr. Stickney explained that a request had been
made by the Belmont Country Club to supply service to
a pumping station. He stated that Mr. Tenney had
questioned him before the hearing on the proposed lo-
cations. Mr. Stickney requested that the Board table
the petition for the time being and thereby give Mr.
Tenney an opportunity to discuss the locations withthe
petitioner's engineering department .
Upon motion duly made and seconded, it was voted
to table the petition and the hearing was declared
closed at 7 :39 P.M.
Messrs. Stickney, Cooley and Tenney retired.
Upon motion duly made and seconded, it was voted
to grant petitions and sign orders for the following
V/o pole locations in Carville Avenue and Eastern
Avenue :
Carville Avenue, southeasterly side, at Ames Avenue, --
One pole
(One existing JO pole to be removed. )
Eastern Avenue, southerly side, easterly from a point
approximately 99 feet east of School Street, --
Two poles .
Eastern Avenue, Northerly side, easterly from a point
approximately 303 feet east of School Street, --
Six poles.
459
Mr. Legro reported that he had Contract #3, for
sewer work in the Town, between the Town of Lexington
and the Charles and Louis Construction Co. , Inc . , which
he found to be in satisfactory form except for a typo-
graphical error which he has arranged to have corrected
by Whitman & Howard. Sewer
Upon motion duly made and seconded, it was voted Contract #3
to sign the contract, with the understanding all copies
would be retained by Mr. Legro until the correction has
been made.
W. John H. Devine 's letter of July 23, 1963 with
reference to a sewer betterment assessment levied against
so-called tennis court lot, Slocum Road, in the amount
of $1,055.25, was held over. Devine 's
The Chairpian stated the subject had been referred sewer
to Mr. Gray and Mr. Carroll assessment
Mr. Gray reported that he and Mr. Carroll had met
with Mr. Devine last Thursday morning. He stated that
the lot in question is a separate lot, a separate deed,
and a separate piece of property that could be used for
a building lot. He said Mr. Devine feels there are four
parcels involved and he feels this is all one lot, but
the recorded deeds are separate deeds. He stated that
both he and Mr. Carroll recommend that the betterment
stand as it is .
Mr. Carroll stated that Mr. Devine feels the Town
has treated this as one lot and assessed it as one lot
for many years, but there is a plan on file that shows
it as a separate lot on which Mr. Devine could build
a house tomorrow if he so wished. He said he was under
the impression Mr. Devine was going to submit information
that the Town was incorrect in its assumption that this
was a separate lot, but he did not do that. Mr. Carroll
said in his opinion the betterment is valid. He said
Mr. Devine may request a meeting with the Board on this.
Mr. Legro said he was acquainted with Mr. Devine 's
contention, but not with the title record. He said he
agreed with Mr. Carroll and Mr. Gray that this is a new
construction for which he believed the Town is entitled
to assess a betterment .
Mr. Cataldo said this has been the Town's policy
for years .
The Chairman said Mr. Gray should write Mr. Devine
and convey this information to him.
Mr. Legro said he understood Mr. Devine wants the
assessment abated and is hot looking for a deferment.
Mr. Gray referred to a letter, dated August 15,
1963, received from the Boston and Maine Railroad
460
and explained that the railroad is requesting the Town
to purchase rock salt so that it could be transported
by rail.
Mr. Carroll explained that a railroad representa-
tive has been in to see him, and at the time, he told
B & M trans- him the salt was purchased from the lowest bidder and
portation of the freight is part of the bid. He said the railroad
rock salt has an agreement with one supplier.
The Chairman referred the communication to Mr
Carroll and suggested that he give it the proper con-
sideration.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on August 12.
The Planning Board's letter of July 26, 1963 with
reference to a conservation commission was held over,
The Planning Board recommended that the Selectmen place
the matter on the warrant for the next Town Meeting to
Conservation see if the Town would vote to accept Section 8, Chapter
!Commission 40 of the General Laws.
The Chairman said Mr. Gray had submitted a report
on the subject.
Mr. Cataldo said he thought the establishment of
a conservation commission had some merit.
Mr. Sheldon said he was in favor of a commission
and felt there was something to be gained by having
one.
Mr. Gray said he felt there is nothing to lose, but
there may be something to be gained.
Mr. Sheldon said this would require an article in
the warrant for the Annual Town Meeting and he presumed
the Planning Board would prepare the article.
The Chairman said the Board should refer this back
to the Planning Board.
Mr. Sheldon suggested that the Planning Board be
told the Selectmen are in favor and would like an
article in the warrant for the spring Town Meeting.
Upon motion duly made and seconded, it was voted
to refer the subject to the Planning Board with the
request that it draw the necessary article or articles f
for the Annual Town Meeting and to advise that the
Selectmen are in favor.
The Chairman read a letter from Mr. Karl Nyren,
Director of Cary Memorial Library, advising that he
had discovered that the amount of $7,000 from the
State Aid to Libraries Program was not submitted
in the warrant and he cannot possibly get through
461
the year without this amount in the expense budget.
He requested a transfer of $7,000. Library
Mr. Gray said he discussed this with Mr. White, expenses
The article passed by Town Meeting did not include transfer
this $7,000. He recommended that the Board defer
action and said he would have a report on the matter
for next week.
It was agreed that Mr. Gray would submit his report
in two weeks.
Upon motion duly made and seconded, it was voted
to grant permission to the Five Fields Hospitality Com- Permit
mittee to conduct a square dance on August 30 at the
corner of Barberry and Stonewall Roads.
Letter was received fromJoseph D. Augustine, Jr. ,
26Melrose Avenue, asking if lots 63-66, inclusive, on
Rawson and Albemarle Avenue could be purchased Tax title
It was agreed to ask Mr . Augustine to submit a
bid.
Upon motion duly made and seconded, it was voted
to sign application of Certificate of Incorporation,
on behalf of Albert E. Landers, 15 Constitution Road, Cert. of Inc
satisfactory character reference having been received
from Chief Rycroft
Upon motion duly made and seconded, it was voted
to appoint Mrs. Margaret B. Toomey, 183 Woburn Street, Appointment
a Police Traffic Woman for school traffic duty.
Letter was received from the Board of Selectmen,
West Springfield, requesting information relative to
building police department headquarters and/or utiliz-
ing a police buzkding to combine other facilities.
The Chairman referred the letter to Mr. Gray. He
said if they were planning on a single building, he
imagined there is very little help the Board can give
them.
Mr. Sheldon suggested that they may want to inspect
the Police Building. Mr. Gray is to reply.
Upon motion duly made and seconded, it was voted
to grant the following uses of Cary Memorial Hall:
Use of Hall
Cary Hall Sept. 11 & 12 Antique show and sale
Lex. Choral Society Dec. 13-lk.-15 Cary Hall
Upon motion duly made and seconded, it was voted
462
MC
to grant the following licenses : '
Licenses M. G. Luby Public Carriage through Lexington
Ray Feeley Theatre
Harvey Adams Taxi Driver
John Thompson Taxi Driver
Application for a p :blic carriage license was
received from Mr. M. G. Luby, 153 Hartwell Road, Bedford.
Letter was received from Thomas E. Kneeland, Jr. ,
Public attorney, representing the Bedford G. I. Cab Company,
Carriage stating that the company desires to go before the
License Massachusetts Department of Public Utilities and request
permission to operate a limousine service between Logan
International Airport and Hanscom Field. The route
contemplated will be from the Bedford Line beginning
at Bedford Road to Massachusetts Avenue to Pleasant
Street to Route 2 to the Arlington line. No stop for
passengers is contemplated. There will be two runs
daily, 6:00 A.M. and 6:00 P.M.
Mr. Legro advised there is no question but that
the Town can regulate the use of its highways by
vehicles for hire. He explained that the statute
specifies that no persons shall operate a vehicle for
hire on ways in the Town without a license from the
licensing authority even though it may not be picking
up and discharging passengers . He said he thought
this, to some degree, is to control competition with
other common carriers. He said as he recalled it, the
license must specify the routes and may specify the
number of vehicles to be used. He said he was in some
doubt as to whether the Board could authorize the use
of Route 2.
The Chairman said the license would be granted
only to Route 2.
Mr. Brown said it would include Massachusetts
Avenue.
Upon motion duly made and seconded, it was voted
to grant a Public Carriage license to M. G. Luby, d.b.a.
the Bedford G. I. Cab Service in the following form:
LICENSE
A license is hereby granted, under the provisions
of Chapter 40, Section 22, of the General Laws and also
under Article 20, Sections 1, 2 and 3 of the General By-
Laws of the Town of Lexington, to M. G. Luby, 153 Hartwell
Drive, Bedford, Massachusetts, d.b.a. the BEDFORD G.I. CAB
SERVICE, to operate two vehicles for this carriage of
passengers for hire upon certain ways or streets in
463
the Town of Lexington as follows :
From the Bedford Line beginning at Bedford Street to
Massachusetts Avenue to Pleasant Street to Route 2.
Dated this twenty-sixth day of August, 1963
By order of the Board of Selectmen.
/s/ Robert Cataldo
Otis S. Brown, Jr.
George C. Sheldon
The Clerk reported that Mr. McQuillan, Chairman
of the Board of Health, had inquired about a meeting Board of
with the Selectmen to discuss the subject of garbage. Health
It was agreed to have the Board of Health in
two weeks from tonight.
Mr. Carroll reported that he took bids on light-
ing the Public Works garage. Only one bid was re-
ceived and that was from Northeastern Sales Corpo-
ration, 250 Broadway, Boston, in the amount of $2, 278. Contract
He reported that the financial records and experience award
records are good, and he recommended that the contract
he awarded to them.
Upon motion duly made and seconded, it was voted
to award the contract for lighting the Public Works
Building to Northeastern Sales Corporation at its bid
price of $2,278.
Mr. Carroll reported that the flag pole on the
Common is painted every year, and this year the painter
found there was some rot in the top of the first section
tf the pole which was deep and extended from the top of
the first mast down about twenty-seven inches . The
damage is so extensive that it should be repaired immedi-
ately. He said rot was also found at the bottom of the
pole, but this is not an emergency condition. He reported
recommendations received from Roy O.Leonard, Inc ., paint-
ing contractor and steeplejack from Framingham. To
repair the top section will cost $1,000 and to repair the
bottom section would be an additional $880. Flag pole
Mr. Carroll said he had talked with Mr. George P.
Morey, Chairman of the Trustees of Public Trusts, as to
what funds would be available. The amount available
464
c.
in the George W. Taylor Flag Fund is $4.90.42, and the
amount available in the Orin W. Fiske Battle Green Fund
is $653.91. The Trustees will meet shortly and Mr.
Morey feels this would be an appropriate use of the
money but could not speak for the other Trustees. Mr .
Carroll said he could wait a week or two, but he was
very concerned about the top section.
Mr. Brown asked if the figure of $1,000 included
a cap.
Mr. Carroll replied in the affirmative and read
a communication from Mr. Leonard.
Mr. Cataldo said he understood it would coat $1,000
to fix the top of the bottom section, $880 to cut the
section off the bhtom and $690 to sleeve it. He asked
if this was not done all at once, would it cost more.
Mr. Carroll replied that it would if the pole was
not out.
Mr. Cataldo asked if these figures were doing it
all at once, and Mr. Carroll replied in the affirm; ive.
He said Mr. Leonard recommended strongly that the pole
be cut . He said he would like to see the entire job
done now and charge the balance to the Park appropri-
ation, and if the account runs short at the end of the
year, request a transfer.
The Chairman suggested that Mr. Gray discuss this
with the Appropriation Committee and report back to the
Board next week.
Mr. Cataldo suggested that the Board decide what
it is going to do so that it will know exactly whbt is
needed.
Mr. Sheldon asked if the pole would stay together
one more week.
The Chairman said he thought it would be poor
judgment not to have it done immediately.
It was decided to follow Mr. Leonard's recommendation.
Upon motion duly made and seconded, it was voted
to cut the pole and to authorize Mr. Carroll to go
ahead subject to the Appropriation Committee approving
a transfer.
A Letter is to be sent to the Trustees of Public
Trusts requesting transfer of funds from the two accounts
discussed by Mr. Carroll.
Mr. Gray stated that the Board asked him to con-
tact Mr. Richard Hamilton in regard to his bids for
lots on Freemont and Asbury Streets. He said Mr.
Hamilton was present and not interested in the lots
under the provisions as laid out by the Planning Board.
Tax title He would like to make seven lots, and the Planning
Board recommended five lots.
465
Mr. Hamilton said he bid on the lots in 1959 and
many times since. He also built 90% of the houses
adjacent to the land. At the price these lots are
offered now, it comes to $5,000 a lot and one portion
of the area will not stand that price. He said the
original Lexington Farm subdivision plan shows the
lots across the street as being sixty feet. He said
when he originally bid on the land, he figured on
eight lots. The Town wants five lots, and he figured
he could still leave his bid of $23,000 for seven lots
if this would be acceptable to the Town. The bid is
actually higher than p$23,000.
Mr. Brown asked if Mr. Hamilton would be interested
in a new bid.
Mr. Hamilton said he would for six lots .
Mr. Brown asked if he would rebid on the Planning
Board 's proposal of five lots.
Mr. aamilton said he would not care to but would
be forced to, but the bid would not be as high as the
one he has already submitted.
Motion was made to reject all bids received for
the purchase of tax title lots on Freemont and Asbury
Streets, and ask for new bids on the basis of the Plan-
ning Board's recommendation.
Mr. Hamilton asked if he wanted to take the five
lots whether or not he would have the right to take
them at a higher bid now.
Mr. Sheldon said he oould let his bid stand and
agree to accept the Planning Board's restriction.
Mr. Hamilton said he did not want to do that.
Mr. Cataldo asked if he wanted to bid on the
Planning Board 's basis and Mr. Hamilton replied in the
affirmative.
Mr. Legro said he thought the Board would want
to take the matter under advisement.
Mr. Hamilton said he had not withdrawn his bid.
Mr. Legro agggested that the Board review the
situation.
The motion to reject all bids and ask for new
bids was withdrawn.
The Chairman said the Board would give the matter
further study and would keep Mr. Hamilton advised of
its action. Mr. Hamilton retired.
Mr. Gray said the Board rejected the bids on lots
631-634 on Freemont Street and suggested that he con-
tact Mrs. Cyril R. Pratt, 765 Marrett Rord, who bid
on a part of the land presently under discussion. She
has made an offer on this piece of property.
466 ir‘a
MC
wt
4.4
Mr. Gray reported that Mr. George Pisiello, Z1..8
Freemont Street, one of the bidders, said he meant
ITax title to include the betterments in hib bid and it would
have been high but Mr . Pisiello did not understand it .
He is still interested in acquiring the lots.
Mr. Legro said Mr. Hamilton made an offer to the
Town back in 1959 and it was his feeling that his offer
was still standing. The Board then advertised for
bids andcertainbids came c me in He said if the Board
Tax title gave Mr. Hamilton an opportunity to revise his bid, it
was not giving everyine else an opportunity to rebid.
Upon motion duly made and seconded, it was voted
to reject all bids for the purchase of tax title lots
on Freemont and Asbury Streets and to give everyone
an opportunity to bid with the restriction that they
must be based on the Planning Board's recommendation;
all bids to be sealed.
Mr. Gray agreed toprepare an invitation to bid.
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of dis-
Session 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.
Following a discussion relative to the Scotland
Road sewer, Kiln Brook, taking of a lot on Rockville
Avenue, claim for damages, sewer easement on property
of the Latter Day Saints, and the law department, the
meeting adjourned at 9:55 P.M.
A true record, Attest:
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467
SELECTMEN'S MEETING
September 3, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Tuesday, September 3, 1963, at 7 :30 P.M. Messrs
Burnell, Brown, Cataldo and Sheldon were present
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll,cSuperintendeit of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr. Burnell acted as Chairman in the absence of
Mr. Cole, having been elected at a previous meeting.
Hearing was, declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to locate conduits and manholes under various
public ways.
Mr. Robert J. Dunn, Right of Way Agent, repre-
senting the petitioner, Mrs. Sanborn Brown, Mr. and
Mrs. Willis cousins, 16 Parker Street, and Mr. Reynolds,
representing the Lexington Arts and Crafts Society, were
present.
Notices of the hearing were mailed to the peti-
tioner, owners of the property as listed on the peti-
tioner 's plans and also filed with the Superintendent
of Public Works.
Mr. Dunn explained that the petition is to pro-
vide carrying plant for the divergency of trunk circuits
throughout the northeast section of the State.. It will
also reinforce the existing conduits to provi1e more and
better service to local customers. He explained that
the route was taken so that Massachusetts Avenue in the
Center wil not be disturbed He also explained that
the conduit from Marrett hoed to the Arlington line is
being reinforced to co-ordinate with the contemplated
street resurfacing of that area
Mrs. Sanborn Brown, representing the Pollen Church,
asked how far 7,1+89 feet is.
Mr. Dunn replied about a mile and a half and is
from the Arlington line to Marrett Road.
Mrs. Brown asked when the work would begin.
Mr. Dunn replied that if approved this evening,
work will start next Monday
Mrs. Brown said the Pollen Church is having a
Fair on Saturday, September 14, and she would not like
to have this proposed work interfere.
Mr. Dunn said they will never be up that far by
the fourteenth, but he would make a note of it anyway.
*for present and future facilities that will provide
468
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The Chairman said the church has a parking area
across the street which it will be using as well as the
front lawn of the church.
Mr. Dunn explained that driveways are usually get
immediately or a steel plate is put on. He said he
doubted very much if the work would be up that far, as
they won't do a mile in six days .
Mrs. Brown also mentioned access to the church
and parking area during church services.
Mr. Dunn assured her that anyone would be able to
get in.
Mrs. Brown said she would like it so people can
walk from the parking lot directly across the street
to the church on Sundays.
Mr. Dunn also made a note of this.
Mr. Cousins, 16 Parker Street, asked how the trench
would affect his property.
Mr. Dunn explained th.t it will be backfilled and
showed him the plan.
Mr. Cousins asked if the trench would be in the
street, and Mr. Dunn replied that it may be in the side-
walk but that it would not be on Mr. Cousins $ property.
He stated that the driveway would not be blocked.
Mr. Cousins asked if the manhole would be service
to the cables, and Mr. Dunn replied in the affirmative.
Mr. Cousins asked about landscaping after the job
is completed, and Mr. Dunn stated that there will not be
any change other than what is there now.
Mr . Reynolds asked if the conduit was to be lo-
cated in the street.
Mr. Dunn replied that it is out in the middle of
the street and no manholes are involved in this area.
Mr. Cataldo reported that Mr. Hoxie came in at
7:15 P.M. and asked if this was just a trunk line with
no services going into the houses.
Mr. Dunn stated it is to provide more and better
service.
Mr. Bataldo said Mr. Hoxie wanted to go on record
as being opposed only if it was going over his private
property and wanted to be assured it would be properly
resurfaced.
The Chairman asked for a spew of hands of those
in favor. Two raised their hands and no one opposed.
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 fol-
lowing manhole and conduit locations :
Massachusetts Avenue : Westerly side, approximately two
hundred and twenty-two (222) feet northerly from
Marrett Road, one (1) manhole
469
Massachusetts Avenue : From Arlington line : northwesterly,
then northerly approximatelyseven thousand four
hundred and eighty nine (7,49) feet of underground
conduit, also five (5) manholes .
Massachusetts Avenue : Approximately two hundred and fifty-
six (256) feet southerly from M H 54/6 at Woburn
Street one (1) manhole .
Waltham Street : Southwesterly, then westerly from M H
54/73 approximately four hundred and fifty (450)
feet of underground conduit
Forest Street : Westerly, from Waltham Street, approxi-
mately nine hundred and three (903) feet of under-
ground conduit also one (1) manhole.
Forest Street : From M H 54/76, southerly, approximately
thirty seven (37) feet of undergi'und conduit.
Clarke Street : Southwesterly, from Forest Street, approxi-
mately four hundred and ninety four (494) feet of
underground conduit, also one (1) manhole 54/77
Clarke Street : Northerly, from M H 54/77, approximately
thirty nine (39) feet of underground conduit.
Parker Street : Northerly, from Clarke Street, approxi-
mately Thirteen hundred and seventy two (1372)
feet of underground conduit : also two (2) man-
holes .
Massachusetts Avenue : Northerly, then westerly, from
Parker Street, approximately one hundred and sevebty-
fdpr (174) feet of underground conduit.
Massachusetts Avenue : From M H 54/81 easterly, approxi-
mately twenty five (25) feet of underground conduit.
Massachusetts Avenue : Westerly, approximately twenty-five
(25) feet of underground conduit .
Mr. Legro said he had prepared a deed conveying
lot 4, block 88 Reed Street to Teresa Delfino. The
deed stated that the lot was conveyed subject to ease-
ments, if any of record, so far as now in force and
applicable, and subject also, for a period of 99 years
from the date of the deed, to the restriction that, for
purposes of building, said lot 4 and lots 1, 2,and 3 are
to be combined into one lot, and that only one building,
470
together with customary accessory buildings, shall be
erected, placed or maintained on the combined lot.
Upon motion duly made and seconded, it was voted
to execute the deed as presented by Mr. Legro. (Mr.
Legro took the original. )
Mr. Legro stated that he received a letter from
attorney Donald Sleeper in regard to property owned
by Elsie Miller, 134 Burlington Street, next to Colonel
Keith's property. Some time ago, the Board voted to
Miller abate the sewer betterment assessment on the Keith
sewer property and received from him a confirmatory deed and
betterment release of damages. He explained that Mr. Sleeper's
letter was directed to him because Mr Sleeper had met
him in court at various times and mentioned the matter
to him. The betterment assessment is $850.42, and
Mr. Sleeper said the matter could be disposed of if it
is abated and the Town connect the Miller property to
the trunk line. Mr. Legro slid the normal procedure
would be to apply to the Board of Selectmen for an
abatement.
The Board authorized Mr . Legro to suggest that
Mr. Bleeper follow the usual procedure of applying
to the Board for an abatement.
Mr. Legro reported that Raytheon petitioned for an
assessment of damages against the L'ommonwealth which
involves a taking on Route 2 under which the Town has
Raytheon a drain easement. In bringing the action, Raytheon
named the Town of Lexington as an interested party
He said as far as he could see, from discussing this
with Mr. Carroll, the Town has no interest in the
druin easement and will not be affected by it . He
said he felt he did not have the authority to with-
draw the Town from any action and stated this case may
come up next Monday or Tuesday.
Mr. Carroll said he did not see how the Town is
involved because the taking was made from Raytheon's
property along Route 2. The Town has drainage in
Spring Street that ties into the Route 2 drainage.
Mr. Cataldo said the Commonwealth has to accept
the easement .
Mr. Legro said the trial would take a week or
ten days and he would not advise the Town sitting in
on a trial of that length when, according to the Town
Engineer, the Town has suffered no damages.
It was agreed that Mr. Legro should appear at the
call of the list and leave it to the Attorney General 's
office to defend the case.
Mr. Sheldon asked if the Attorney general would
protect the Town's interest, and Mr. Legro replied in
the negative. He said he would stay long enough to
411
find out what the expert 's appraisal is, and then leave.
Mr. Carroll reported that bids on the Woodhaven
Trunk Sewer will be opened October 7. Woodhaven
sewer bids
Mr. Carroll said he was asked to contact the State
about Route 2 and Spring Street. He said the takings
have not been made and he was unable to find out when
they will be made.
Mr. Cataldo asked if it would be of any help to
contact someone in the State and advise that the Town
is going ahead with a Town Meeting.
Mr. Carroll replied that he did not think it would i/
makd any difference.
Mr. Cataldo said the State wanted the Town to Route 2
hold up because of the difference in the value of the takings
land.
Mr. Carroll said he did not think the Planning
Board would Done the land the State is planning to
take. He said however that it might be a good idea
for the Board to write the Chief Engineer and he
thought just a letter of explanation would be sufficient.
Mr. Carroll agreed to work with Mr. Gray in pre-
paring a statement for the Chairman's signature, a
copy of the letter to be sent to the members of the
Board.
Mr. Carroll informed the Board that he is working
on the Grove Street sidewalk plans and has run into a
Unusual situation. On the westerly side line of Grove
Street is a distance back of the stonewall which people Grove Street
may consider to be their property. There are trees sidewalk
behind the stonewall and in some instances, the property
line is ten feet behind these trees He stated that
Clifford Birch, a Town Meeting Member, told him the
people wanted to save the trees and will give the Town
an easement for the sidewalk. He said he could save
the trees without taking any private property but the
people are going to be shocked when they see where it
is proposed to construct the sidewalk He explained
that he has written to all involved and invited them
to attend a meeting on September 11 at 10:30 A.M. to
explain the plans.
Letter was received from Mr. Paul Nesbeda, 10 Blodgett
Road, protesting the proposed construction of a sanitary
dewer in Blodgett and Scotland Roads with an easement Blodgett Road
between the two roads
ing with the Board. Mr Nesbeda requested a meet- sewer
472
Mr. Carroll presented a plan and indicated the lo-
cation of the easement and stated that it is proposed
to take a twenty foot easement through Mr. Nesbeda 's
property. He explained that it will run parallel with
Mr.Nesbeda's trees and will not disturb the tennis
court. He reported that Mr. Higgins had contacted Mr.
Nesbeda and showed him the plan and went over the entire
layout with him. He said some small shrubs would be
removed from the property and he plans to have them re-
planted. The large trees will be saved but some of the
scrubby growth along the tennis court will have to be
removed. He explained it is no more than underbrush.
Mr. Carroll stated that very definitely there will be
no damage to the tennis court.
Mr. Sheldon asked if the Town had any agreement
with Mr. Nesbeda, and Mr. Carroll replied in the nega-
tive.
Mr. Catsldo suggested that a list be made of the
shrubs to be removed.
Mr. Carroll said they are all marked on the plan
and he would also make a list of them.
It was agreed to invite Mr. Nesbeda to meet with
the Board next Monday.
Mr. Karl Myren, Director of Cary Memorial Library,
met with the Board.
The Chairman explained that Mr. Brown had invited
Mr. Myren in to discuss the $7,000 transfer requested
last week.
Transfer Mr. Gray said in talking with Miss Murray and Mr.
White it appeared that the Appropriation Committee in-
tended to appropriate this $7,000. The motion included
an item of some $3,000 additional received from dog
licenses, but the $7,000 State Aid was lot included.
He said he alsootalked to Mr. Noyes, Chairman of the
Appropriation Committee, but he did not know how the
committee would handle this. Their meeting is next
Monday. He said the committee is concerned about the
Reserve Fund which is now $28,000.
Mr. Sheldon asked how certain it is that there
will be a fall Town Meeting, and the Chairman replied
that it is not certain and that the Board is waiting to
hear from the Planning Board.
Mr. Gray suggested that the Board request a transfer
of $7,000 from the Reserve Fund.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $7,000 from the Reserve Fund to the Cary Memorial
Library Expenses Account .
1
473
Mr. Nyren said unless this amount is made available,
he will have to stop buying and binding books.
Mr. Nyren retired at 8:25 P.M.
Upon motion duly made and seconded, it was voted
toant permission to Porter & Desmond to move a house
8Y'
from Blossom Street to h new location on Blossomerest Permit
Road, Mr. Carroll having reported that he and the Chief
had been over the proposed route and he had no objection.
The Chairman read a letter from Alvin Y. York,
104 Pleasant Street, offering $300 for tax title lot
7A. Tax title
Mr. Gray indicated the lot on a plan and also
showed the Board the location of a sewer easement . He
stated the only way for Mr . York to connect to the
sewer is over this parcel and said both he and Mr. Carroll
recommend that the betterment be part of the cost of the
lot.
Mr. Cataldo said if Mr. York paid the betterment,
which is $609 .58, the price of $300 is fair.
Mr. Gray was instructed to talk to Mr. York and
report to the board next week.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on August 26.
The Chairman read a letter from the Boston Regional
Planning Project relative to home interviews for traffic
studies.
Mr. Gray was instructed to ask the Planning Project
Director to furnish the .k'olice Department with a list
of names of individuals who will be making the inter- Traffic
views. study
Mr. Brown suggested that Mr. Gray also ask to have
a copy of the survey when it is available.
Upon motion duly made and seconded, it was voted Uses of
to grant the following uses of halls : halls
Cary Hall Knights of Columbus April 11, 1964
Cary Hall Lex. Fire FigU rs Sept. , Oct. and Nov
Estabrook Hall Bay Path Girl Scouts Sept. , Oct
Mr. Carroll retired at 8 :40 P.M.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
David C. Dionne, 75A Outlook Drive Intelligence Office
Robert W. Hawkins 2 Patricia Terrace Taxi Driver
Brian J. Spencer 3 Stetson Street Taxi Driver
William P. McKay 34 Grapevine Avenue Taxi Driver
Charles F. Maguire 291 Wood Street Taxi Driver
474 .\9
3t
Upon motion duly made and seconded, it was voted
to appoint the following Police Officers for terms exII
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piring March 31, 1964:
SPECIAL POLICE COMMISSIONS
Expiring March 31, 1964
Acheson, Eugene A. 2634. Massachusetts Avenue
Adams, Alan G. 15 Somerset 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, E1liett J. 15 Donald Street
Bickford, Walter E. 82 Waltham Street
Brunn, Ewart M. 40 Downing Road
Butler, Lawrence M. 24 Woodland Road
Cabral, Joseph E. 1.7 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
Dooley, Henry W. 77 Baker Avenue
Dreselly, Andrew 12 Patriots Drive
Ericsson, E. Alden 41 Preston Road
Fifield, Donald M. 25 Adams Street
Finney, Charles A. 36 Albemarle Avenue
Flack, Clifford F. 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 Marrett Road
Gazan, Samuel E. 112 Bertwell Road
Howie, Colin A. 14 Scotland 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
1
47a
SPECIAL POLICE COMMISSIONS (CONT'D. )
Kakas, Edward G. 144 Locust Avenue
Kleinberg, Edward F. 41 Moreland Avenue
Lannquist, Arthur 153 Shade Street
Lewis, Raymond E. 11 Hancock Street
MacDonald, Charles 24 Bernard Street
Maloney, William T. 289 Bedford Street
MacLean, Ralph D. 9 Spring Street
Merz, William F. 252 Marrett Road
Moretti, Joseph A. 8 Rindge Avenue
Murphy, L. Francis 5 Bennett Avenue
Myatt, Robert 9 Sunnyknoll Avenue
Nickerson, Benjamin 81 Gleason Road
Pierpont,, Wilfred D. Jr. 4 Taft Avenue
Polley, John D. 189 Wood Street
Prescott, Robert 6 Forest Street
Redmond, James 7 Dunham Street
Reed, Haskell W. 72 Lowell Street
II Reilly, John F. 43 Downing Road
nicharda, Randall W. 67 Farmcrest Avenue
Richardson, Earl W. 18 Winter Street
Ritter, Julius C. 13 Pine Knoll Road
Rogerson, William G. 19 Homestead Street
Rossi, Anthony J. 2 Wheeler Road
Ruocco, Louis 28 Theresa Avenue
Ryan, William J. 21 Grant Place
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
Turner, Gerald C. 9 Hillside Terrace
Walsh, James V. 152 Bedford Street
Webb, Edmund A. 43 Hayes Avenue
Wilson, David L. Jr. 24 Homestead Street
Wright, Glenn 67 Simonds Road
II
176
Cowl
Special Police Commissions (Conttd ) '
Yewell, Paul G. 6 Leland Terrace
Young, Stanley R. 86 Winter Street
Zittell, George S. 306 Lowell Street
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Joseph E. Ewers Edward T. Gallagher
12 Old Coach Road, Weston 8 Spring Lane, Maynard
John A. Carroll Howard D. Ryder
4 Roberts Road, Framingham 2 Wilson Road, Lexington
Robert J. Vinsec Arthur L. Goodfellow
310 Boston Post Road, Wayland 12 Edge Street, Ipswich
Bertram H. Adams, Jr. John E. Barnes
127 Wyoming Avenue, Malden 26 Kenmore Road, Malden
William L. Spiers, Jr. William J. Clancy
185 Lowell Street, Lexington 91 Tyngsboro Road, N. Chelmsford
ITEK CORPORATION ,
Lieutenant Charles E. Benedict
43 Oxford Avenue, Belmont
Lincoln P. Cole, Jr. Selectman
Otis S. Brown, Jr. tt
Levi G. Burnell
Robert Cataldo "
George C. Sheldon "
Bernard J. Belcastro Chief Engineer, Fire Dept.
John J. Carroll Suptt. of Public Works
Paul Mazerall Park Department
Anthony Rochette Janitor, Town Offices
CARY MEMORIAL LIBRARY
Karl E. Nyren
17 Charles River Terrace, Newton Highlands
William F. Buckley
612 Main Street, Stoneham
Peter Simoglou
25 Berkeley Street, Watertown
Wesley Doak
7 Stetson Street, Lexington
Edward J. McDonnell, Janitor
4E
MIDDLESEX COUNTY SANATORIUM
Charles W. Varney
William J. DiCicco
Robert F. Ingram
METROPOLITAN STATE HOSPITAL
Henry Brown, Jr.
Application was received from David C. Dionne
75A Outlook Drive, for a license to conduct an Intelli-
gence Office, to do business at P.O. Box 2L3. License
It was agreed to advise Mr. Dionne that this
matter will not be considered by the Board of Selectmen
until he has been before the Board of Appeals.
The Chairman read a letter from the Lexington
Association of Independent Insurance Agents with further Insurance
reference to the Town's insurance
It was agreed to acknowledge receipt of the letter .
Mr. Cataldo said that two months ago, the Hoard
asked the Fire Commissioners for reports and the request
has been ignored.
Mr. Gray reported that he spoke to Mr. Fitzgerald
and he said he had not understood the Selectmen also Reports
wanted a copy of the minutes of the Commissioners '
Meetings, and at that time, said he would see the in-
formation was submitted.
The Chairman said what the Board wants is a monthly
report and a copy of the minutes.
Mr. Cataldo said he also wanted a report of expendi-
tures.
The Chairman agreed to contact Mr. Fitzgerald.
The meeting adjourned at 9 :22 P.M.
A true record, Attest :
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478
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SELECTMEN'S MEETING
September 9, 1963
A regular meeting of the Board of Selectman was
held in the Selectmen's Room, Town Office Building,
on Monday, Seppember 9, 1963, at 7 :30 P.M. Chairman
Cole, Messrs . Brown, Cataldo and Sheldon were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superin-
tendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Carroll reportedthat t t he had a sidewalk bid
opening today. There were four bidders, Chris Coviello
being the low bidder with a figure of $7,812.50. Hq
Sidewalk reported that he had checked the bid, found it to be
bid correct and recommended that the contract be awarded
Upon motion duly made and seconded, it was voted
to award the contract for sidewalk construction to
Chris Coviello, the low bidder, in the amount of $7,812.50.
Mr. Carroll said he would like to remind the Board
Meeting about meeting at the Lincoln Street Dump next Monday,
at 7 :00 P.M. He said there are a couple of areas he
believes should be filled and would like the Board to
view them.
Mr. Carroll reported that the Traffic Study Com-
mittee met last Friday and the most important item
discussed was the intersection of relocated Massachu-
setts Avenue at Marrett Road. The Committee viewed
the area and all members agreed that this was going
to be a very dangerous intersection when it is open
for traffic . He recalled that in December, 1962, the
Board wrote a letter to the District Highway Engineer
requesting a modification of the intersection, and the
Committee recommended that the Board send another
letter reiterating the request. He reported that he
contacted the SUM) today and found out that not much
has been done in regard to this intersection.
It was agreed to write the State and request that
it liot open this road until temporary lights have been
installed.
Mr. Gray said the Committee also felt that trees
on both sides of Massachusetts Avenue should be cleared
away because there is not more than a 20 foot sight and
this should be included in the letter.
479
The Chairman said he spent time, between 4:00 P.M.
and 6 :00 P.M. at the corner of North and Lowell Streets
and suggested that the Traffic Study Committee take a Traffic
look at this area He said if anything was to be done,
it should start from the Burlington line.
Mr. Carroll said he did not approve starting from
the Burlington line and although the area is dangeroud
he could not see why it could not wait another year or
so and stated this is not a new situation.
The Chairman said he would like the Committee to
look at it.
Petition was received from the residents of Burnham
Road requesting the installation of sewers at the earliest
possible time
Mr. Carroll presented a plan and stated this situ-
ation is a little out of the ordinary. He indicated on
the plan the location to which the petition had reference
and also indicated the entire area which will need to be
sewered. He explained there is no sewer in the area
now and will have to be sewered from a pumping station
at North and Adams Street . He said there will have to
be a pumping station put in, a force main and a small Sewer
trunk sewer. He explained that Burnham Road cannot
be sewered until these other projects are completed.
He said these people have to be answered and he thought
it might be advisable for the Board of Health to look
into the entire area and advise whether or not this is
an area that should be concentrated on in the near future.
It was agreed to request the Board of Health to
investigate and report.
The Chairman read a letter from the Department of
Public Works, Division of Waterways, with reference to
cleaning and widening Kiln Brook. The Division is
revising its personnel in accordance with Civil Service
regulations and when all necessary changes have been Kiln Brook
completed, a firm priority list will be established.
It is anticipated that this list will be completed in
November, at which time it will be possible to give a
probable starting date for this project.
Mr. Carroll stated that the dump would operate
better if the brook is cleaned out, but he will have to
operate it without the cleaning. He said Representative
'lrox is working on this.
Upon motion duly made and seconded, it was voted
to approve petition and grant an order for the removal
of one New England Telephone and Telegraph pole on Pole removal
Lowell Street, westerly side, approximately eighty feet
4030 ' ,
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northerly from Haskell Street .
Further consideration was given to Mr. Alvin Y.
Morrison's offer to purchase Lot 7A on Pleasant Street.
Mr. Gray reported that Mr.Morrison is willing to
purchase the lots under the conditions outlined in the
Board 's letter of September 4 if the sewer betterment
of $609.58 could be apportioned as they are in the rest
of the area. He said, generally speaking, betterments
on tax title lots are paid in full when the lot is sold.
He said if it was agreeable with the Board, he would
referthis to Mr.Legro.
Mr. Gray stated that he received a letter from
Mrs. Rich, together with a letter from attorney William I.
Schell, asking for a partial release on a sewer better-
ment levied against property owned by the DiSilva
Family Trust. In Mr. Schell's letter, he stated that
Partial the Town has a lien on the entire DiSilva property and
release of he wanted a partial release of the property taken by the
sewer better- Commonwealth so that the Commonwealth may be able to pay
ment the amount agreed upon in the case which is entered in
the Middlesex Superior Court.
Mr. Gray said this is a question of whether or not
the Board would authorize Mr. Legro to prepare the
necessary instrument.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to prepare a partial release on
the sewer betterment assessment levied against the
DiSilva Family Trust property
Mr. Gray said he received a letter from Mr. Hays,
President of the Lexington Choral Society, relative to
storing equipment in Cary Memorial Building. He re-
ported that the panels will not take a large area and
will be available to any other group that might want
Storage in to use them.
Cary Building Upon motion duly made and seconded, it was voted
to grant the Society's request for permission to store
equipment in Cary Memorial Building, subject to Mr.
Carroll's approval.
The Chairman read a letter from Mr. John J. Bilafer
advising that his client is willing to pay $3800 for
tax title lots 59 and 60 Ivan Street, the amount enter-
tained by the Board.
Upon motion duly made and seconded, it was voted
to sell and convey lots 59 and 60 Ivan Street to Mr.
George M. Bilafer for $3800 providing he is willing
to combine the two lots whereby only one building,
481
together with customary accessory buildings , shall be
erected, placed or maintained on the combined lots.
Mr. Gray is to follow this through.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectman 's Meeting held Minutes
on September 3, 1963.
Mr. Gray read a letter from Robert Page Associates
referring to the "controversy between Brewer & Lord and
the Lexington Association of Insurance Agents and the
problem they have created for the Board". The organiz-
ation offered to review all the data, for a fee, and
makd recommendations to the Board.
It was agreed to acknowledge the letter andaadvise
that the Board does not at this time feel it is in need
of the services as outlined.
Mr. Sheldon reported that Mr. Burnell had advised
him that he was willing for the Board to continue its
consideration of the Town's insurance if it would save Insurance
any time. However, the Board preferred to hold the
the matter over until all members of the Board were
present for the discussion.
Upon motion duly made and seconded, it was voted
to certify the characters of Gwendolyn M. Cram, 759 Cert. of Inc ,
Waltham Street, and T. Landon Lindsay, 71 Freemont Street,
satisfactory character references having been received
from the Chief of Police
Application was received from Anthony C. Russo,
50 Newport Street, Arlington, for permission to conduct
a dance in Cary Memorial Hall every Friday night.
Mr. Sheldon asked if the proposed dances were to
be conducted for profit and non-profit
Mr. Russo replied it was to make a profit. He
said he operates the Wonda Car Wash and has several
Lexington boys working for him who have asked about
getting such a program started.
Mr. Cataldo mentioned the fact that the F mnnen's
Relief Association conducts dances every other Friday
and the Prom-manaders also conduct dances once a month.
The Chairman explained that it has been the policy
of the Board to grant permission for the use of the
hall for programs sponsored by local organizations and Use of hall
it has never been rented to an individual for profit
Mr. Russo stated that the dances would hot be ad-
vertised on the radio, just local advertising in Lex-
ington and Arlington.
482
mc
The Chairman asked about the music, and Mr. Russo
stated that he would have a dance band
The Chairman said the Board would take the matter
under advisement.
Later in the evening, consideration was given the
subject and upon motion duly made and seconded, it was
voted to deny the request.
Upon motion duly made and seconded, it was voted
Use of hall iso grant permission to the League of Women Voters to
use Estabrook Hall on the first Wednesday morning of
each month.
The Chairman read a letter from William R. Whalen,
requesting permission, on behalf of the residents of
Block dense Benjamin Road, to conduct a block dance Saturday,
September 14, 1963, from 7:00 P.M. until 11:30 P.M.
Upon motion duly made and seconded, it was voted
to grant the request.
The Chairman read a letter from Charles H. Spaulding,
Chairman of the Follen Community Church 125th Anniversary
Fair, requesting permission to conduct a hayride on the
Hayride night of September 13 with some singing and announce-
ment of the fair via signs on the truck The ride will
go from East Lexington up Massachusetts Avenue to the
First National Stores.
Upon motion duly made and seconded, it was voted
to grant the request .
The Chairman reported that he received a letter
from the Church of Our Redeemer, requesting permission
to conduct a paper and rag drive in the parish on
Paper Drive Sunday afternoon, October 27, 1963.
Upon motion duly made and seconded, it was voted
to grant the request.
The Chairman read a letter from George P. Morey,
Chairman of theTrustees of Public Trusts, requesting
a transfer of $50 for the purpose of registering the
coupon bonds held by the Trustees .
Transfer Upon motionduly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $50 from the Reserve Fund to the Trustees of
Public Trusts Expenses Account.
The Chairman read a letter from Raymond L. White,
Town Accountant, requesting a transfer of $14,383.10
for interest charges.
Mr. Gray stated that the bond issue for the school
was p..seed and no provisions made for six months '
interest charges. He said that if there is to be a
Special Town Meeting, the Appropriation Committee would
prefer to have this amount taken from the Excess and
Deficiency. He reported also that the Planning Board
would advise the Selectmen this evening whether or not
it will be ready with the zoning change for a fall
Town Meeting. (Further discussion on this subject was
held later in the evening in an Executive Session. )
Letter was received from Kingston L. Howard, sub-
mitting his resignation from the Town Celebrations Com-
mittee.
Upon motion duly made and seconded, it was voted
to accept the resignation with regret
At 8:15 P.M. , the Board of Health and Mr. Finneran,
Executive Health Officer, met with the Board.
Mr. McQuillan said the Board of Health received
many calls, sometimes thirty during the day, about
the collection of garbage. He said his Board did not
know, but if it is a matter of paying more money to
correct the situation, he thought the Town Meeting
Members would go along with it . Garbage
Mr. West stated that he wanted to be sure that collection
nowhere is the impression given that the Board of Health
thought it could tell the Selectmen what to do about
garbage collection. He said in his opinion, there
are four things that must be done. 1) The boards
have to recognize and define a problem the Town can
understand and realize 2) The Boards have to discuss
various possible solutions. 3) A solution has to be
selected and recommended. 4) The cost has to be deter-
mined and taken to the Town. He said there has to be
public meetings maybe with Mr. Carroll and Mr. Finneran and
unless a good plan is presented, there is a chance it will
not be approved by Town Meeting. He said the most impdart-
ant part is that it is going to cost money. He also
said that the Town has to be educated to the fact that
to collect rubbish and garbage will cost a great deal more
money than the Town is now spending.
Dr. Cosgrove said this is not a new problem, but
one that of long standing and he thought Mr. West had
voiced the view of the Board of Selectmen. He sug-
gested that a solution might be worked out if the two
Boards get together with Mr. Finneran and Mr. Carroll.
The Chairman suggested the establishment of a
committee consisting of Mr . Gray, Mr. Carroll, Mr.
Finneran and representatives from the Town Meeting
Members Committee to work on this and submit recom-
mendations .
484
Mr. McQuillan asked if the situation could be
taken care of if more money was appropriated
Mr. Carroll replied that bids were taken and the
request was based on the lowest bid. He explained
that the specifications have been quite liberal as far
as the contractor is concerned, and they could be written
stating what trucks will be used and how many men. He
said this would result in better collection but it would
also increase the cost. He stated that Needham, a town
comparable to Lexington, is paying $80,000 a year for
garbage collection.
Mr. West said it is going to cost a lot more money
and the Town must realize that good collection will be
expensive.
Mr. Carroll explained that no matter whft proposal
is brought in, the Town will have contract garbage col-
lection for most of 1964. He stated that if the Board
goes into Town Meeting with recommendations, whatever
they are, it will take time to implement the Town Meet-
ing vote . In the meantime, there will be contract
garbage collection a good portion of next year.
Mr. McQuillan reported that the Townof Arlington
pays $115,000.
Mr. Cataldo pointed out that the area in Arlington
is one-third of the area in Lexington.
Mr. Cataldo alto pointed out that any report should
be submitted to the Board in sufficient time to be in-
cluded in the budget .
All present agreed that the suggestion of a com-
mittee was the only step to be taken at the present time .
The Chairman asked to have the report in time to
include in the budget.
The Board of Health retired at 8:29 P.M.
Mr. Paul Nesbeda, 10 Blodgett Road, met with the
Board, and referred to the meeting held on July 15 in
regard to the installation of a sanitary sewer to service
Scotland and Blodgett Roads.
Blodgett Road He said he intended to put in a swimming pool but
Sewer had to abandon the plan because of the sewer easement.
Easement He said the removal of trees, plus damage to other trees,
will result in considerable damage. He said replacement
of the trees turned out something about $4,000 just in
loss of value on the lot due to the lack of vegetation
and he considered the entire operation damage. In addi-
tion, the amount of water coming down from the hill will
involve a risk of a sudden frost and will cause a heaves '
problem in the surface of the tennis court which will have
to be redone, and he would have to sue the Town accordingly.
He said if the Town takes the easement, he will have no
45
control whatever as anyone can enter the property to do
work. He said the easement does not satisfy a public need
and is taken for convenience. He said this is a matter
of getting everyone upset when there is another means of
providing the sewer, and he wanted to protest and ask the
Board to reconsider the situation. He said the easement
wpuld cost the Town much more than what they originally
thought it would. He said there is a public road, and
public services belong in the public road and there is
no reason to go through prdivate property. Mr. Nesbeda
said if there was no other solution, he would think ttice
because of a public need. He said when everything is
summed up, it will cost $14,000.
The Chairman said the Board would take the matter
under advisement and Mr. Nesbeda would hear from it.
Mr. Nesbeda retired at 8 :45 P.M.
(Further discussion was held on the subject later in
the evening during Executive Session) .
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 Executive
made public, might adversely affect the public security, Session
the financial interest of the Town or the reputation of
any person.
Mr. Brown brought up the subject of appointments
to an Industrial Committee. The Board considered as
possible members, William T. Welsh, 11 Childs Road,
Paul G. Yewell, 6 Leeland Terrace, and Mark Moore,
59 Hancock Street.
Considerable discussion was held as to whether
or not a member of the Boards of Selectmen, Planning
and Appeals should be appointed to the Commission.
Mr. Cataldo and Mr. Brown felt that these Boards should
not be represented, but the Chairman and Mr. Sheldon
disagreed.
No decision was made.
The meeting adjourned at 10:05 P.M.
A true record, Attest :
% xec ve le :, Select ,
486
3t
G.
SRLI CTMEN'S MEETING
September 16, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, September 16, 1963, at 7:30 P.M. Chairman
Cole, Messrs Brown, Burnela, Cataldo and Sheldon were
present . Mr. Legro, Town ounsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works ,
and Miss Murray, Executive Clerk, were also present .
Mr. Carroll requested that decision relative to
Tax title Mr Alvin Morrison's offer to purchase tax title Lot 7A
on Pleasant Street be held over.
Mr. Carroll reported that the County Commissioners
will hold a meeting September 25, 1963 at 10 :00 A.M.
Chapter 90 relative to 1964 Chapter 90 allotments. He said he
would be on vacation but would send Mr. Higgins to the
meeting. He recommended that the Board send a letter
to the State Department of Public Works requesting
$8,000 for maintenance and $60,000 for construction.
The request for $60,000 for Chapter 90 construction
is for funds to be combined with the 1963 allotment of
$50, 000 and the sum of $35,100.06 already received by
the Town under Chapter 782 of 1962. The total amount
will be used to reconstruct Massachusetts Avenue from
the Arlington-Lexington line in a westerly direction as
far as funds will permit .
It was agreed to send a letter as suggested, and
also to have Mr. Gray attend the hearing.
Mr. Carroll reported that Worthen Road has been
resurfaced by the general contractor and suggested
that the Board send a letter of appreciation for the
co-operation given by B. J. Pentabone, Inc. and Trimount
Bituminous Products Co.
Mr. Carroll referred to the house and land at
96 Laconia Street acquired by the Town for school pur-
poses. He reported on the condition of the house and
said he did not think it could be rented for more than
96 Laconia $75 or $100.
Street It was agreed to authorize Mr Carroll to rent the
house as is
Upon motion duly mads and seconded, it was voted
to grant the petition and sign the order for the
48t
following j/o pole location
Jeffry Terrace, northwesterly side, northeasterly from Pole
from a point approximately 31+ feet northeast of locations
Demar Road, --
Two poles
Jeffry Terrace, southeasterly side, approximately 337
feet northeast of Demar Road, --
One pole.
Letter was received from Ernest A. Giroux, Trustee
of the Minute Man Park Realty Trust, regarding the
possible future setback of the Central Block property
should the Town acquire a strip for widening Massa- Central
chusetts Avenue. Block
Mr. Carroll stated that he is working on a plan setback
which he will have ready for the next meeting.
No action was taken on the matter
Letter was received from the Board of Appeals
advising that Mr. Anthony J. DiRocco 's petition to
build a house on Lot #2 Dunham Street had been denied. Dunham
The Board of Appeals feels that the only way to handle Street
this is for the Selectmen to insert an article in the
warrant for the acceptance of the street .
Mr. Carroll reported that a petition for the ac-
ceptance of the street has been received with a very
good percentage of signatures
A letter fromMrs Robert Kent, 15 Patriots Drive,
relative to traffic on Wadman Circle was referred to Traffic
the Traffic Study Committee .
Mr. Carroll retired at 7:50 P.M.
Letter was received from Joseph D. Augustine, Jr. ,
26 Melrose Avenue, offering $600, lus sewer better-
ment assessments in the amount of $$351.01 for tax
title lots 63-66 Rawson Avenue. Tax title
Upon motion duly made and seconded, it was voted
that a proposal to sell the lots be advertised in the
Lexington Minute-man and that further consideration
be given the offer.
The Chairman read an offer from John A. Sousa,
195 Brooks Street, East Boston, offering $50 for tax
title lots 10 and 11, block 21 Hickory Street. Tax title
488
mc
Upon motion duly made and seconded, it was voted
Co
to reject the offer, which the Board considered too low.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on September 9, 1963.
The Chairman read a letter from Donald K. Irwin,
Building Inspector, requesting an additional $50 for
Out-of-$tate travel.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
Transfer sum of $50 from the Reserve Fund to the Building In-
spector 's Out-of-State Travel Account ; Mr. Irwin to
be advised that $50 will have to be transferred from
his Expenses Account to the Excess and Deficiency Ac-
count at the end of the year.
The Chairman read a letter from J. F. Fenske, on
behalf of the Lexington Junior Chamber of Commerce
Trailer Petition Drive Committee, requesting permission to place
a trailer in front of Carroll's store on Saturdays during
the month of October.
Upon motion dulymade and seconded, it was voted
to grant the request.
Decision relative to placing the Town's insurance
with the Lexington Association of Insurance Agents or
leaving it with Brewer & Lord was held over.
Mr. Sheldon moved that the insurance be retained
by Brewer & Lord, but that a different method of dis-
tribution of commissions be instituted whereby the
commissions would be confhed to those brokers legiti-
mately in the insurance business, maintaining an office
in Lexington.
Insurance Mr. Brown suggested two separate motions.
Mr. Sheldon's motion was not seconded, and therefore
lost .
Mr. Cataldo moved th •t the Town's insurance busi-
ness be placed with the Lexington Association of In-
surance Agents, not cancelling the insurance for any
specific time, but that something be worked out through
Mr. Gray such as of January 1.
Mr. Brown said he thought the motion should read
that the insurance be taken over possibly at the expi-
ration date .
Mr. Cataldo agreed to the suggested amendment .
Mr. Burnell said he would be away for two weeks
and would like more time to think about this.
Mr. Brown said he had expressed his feeling to
the Board and did not want to vote one way or the other
489
because of possible conflict of interest
Mr. Cataldo 's motion was not seconded, and therefore
lost.
Decision was held over until the next meeting, at
which Mr. Burnell will be present.
At 8:15 P.M. , Mr. Homer Hagedorn, Mrs. Battin, Mr.
nichards and Mr. Adams met with the Board.
Mr. Hagedorn stated the group was representing
the Town Meeting Members Association and representing
the committee on the structure of Town government
of which Mr. Stevens is also a member. He explained
the charter underwhich the group is working charges
it to conduct functional, operational and historical
studies of the structure of Town government. The
historical studies have been completed. He stated the
group is not committed to any particular solutions and
not agreed yet on the nature and priority of public
problems it may come to consider. Many of them must
have something to do with coordination because there are
a large number of boards and committees. Beyond that it
is premature to say in what direction the studies will
take the committee . He said he doubted if any panacea
of a Town Manager is going to take precedence. He said
they wanted, first of all, to inform the Town Meeting
a little bit better of some of the things that concern
them and beyond this the committee may or may not come to
conclusions it thinks should be brought to the Town in
some fashion. He said they need co-operation of a large
number of people starting with the Selectmen and would
like to talk to the Board from time to time and ask it
to do various things for the committee. He said they
are thinking of trying to conduct a functional study of
the way the administration looks, something that would
show up any duplications, if there are any. He said
they are in this with such other committees as the com-
mittee to revise the By-Laws, and will have many points
in common, but have not yet met with them or any other
group.
Mr. Sheldon said if there is anything the Board
of Selectmen can do as a Board or as individuals to help
the group pursue its studies, they are available at home
nights as individuals or at the meeting as a Board to
help. He said beyond that he did not know how the
Board could help the committee at this point
The Chairman suggested that possibly the committee
would like to discuss questions with Mr. Gray.
The group retired at 9:25 P.M.
490 #,
MC
tot
Mr. Kolovson, of the Chamber of Commerce, and Mr.
Eric Anachuetz, 26 Turning Mill Road, met with the Board.
Mr. Kolovson said one of the main projects is the
service provided at the information booth and they have
been discovering the past two years thet the guides
have not been adequate in numbers or in their demeanor.
He stated that Mr. Lee Tarbox has stated many times this
year when he called for guides for a special group from
Boston he was unable to get them even with advanced notice
About three weeks ago, Mr. Anachuetz spoke to him
about a walking guide tape he has developed which he would
like to have the Chamber of Commerce try out through its
information booth and make it available to tourists on
a rental basis. He said his concern was what this might
Guide do to the guides, but they do not feel an adequate in-
Service formation service is being provided by the guides . He
said the tape would not interfere with the guides . He
reported that he checked the Green twice yesterday, once
at 12:30 and once at quarter of two. There were tourists
but no guides in the area He said the Chamber is asking
for the Board's permission to use the tape and its guidance.
Mr. Anachuetz explained the tape and gave a demon-
stration. He proposes to start with five machines and
feels this is an appropriate time to start on an experi-
mental
basis. He said this may be not only a nationwide
thing, but a countrywide. Tapes such as this are being
used in a number of museums in the country.
Mr. Brown inquired about the rental fee, and Mr.
Anachuetz said it would be $1.00.
Mr. Sheldon asked about a deposit charge, and Mr.
Anachuetz stated he would try it without a deposit charge
and ask the attendant at the booth to take the driver's
license number. The cost of the machine is $34.95. He
explained the Chamber of Commerce is not financing this;
it is entirely at his own expense.
Mr. Kolovson said the Chamber of Commerce would
realize 25 on each rental.
Upon motion duly made and seconded, it was voted
to grant the Chamber of Commerce permission to use the tape.
Mr. Kolovson and Mr. Anachuetz retired at 8:45 P.M.
The Chairman read a letter from the Board of Fire
Commissioners, to which was attached an abbreviated
Fire form showing the activities of the Fire Department and
Department the Board of Fire Commissioners .
Mr. Cataldo said it was a good report, but not what
the Board is looking for. He said he wanted a list of
where the money is being spent and a copy of the minutes
of the Commissioners ' meetings.
The Chairman said if it was the wish of the Board,
491
' he would reiterate the request, but felt that if the
Board is going to do this with one department, it should
request the same information from all departments.
Mr. Sheldon said he was satisfied with the report
and there is no more information that he wanted.
Mr . Cataldo said the original request was for an
expense report and the minutes .
Mr. Brown said he did not think it would be asking
too much to have a report of the meetings .
Mr. Sheldon explained that the Commissioners do not
have a secretary at the meetings and one of the Commissioners
writes the minutes out and then gives the information to
a girl to be typed.
Mr. Burnell said there is so much to do, he would
be willing to leave this in the hands of competent Com-
missioners and not become involved in details . He said
he did feel that the Selectmen did not have the Boards
in for conferences often enough.
Mr . Cataldo said he was not questioning anyone, but
the Board did make a specific request for a copy of the
minutes .
Mr. Burnell said minutes are public and available.
He said he liked the report and would like to see it
continued and thought it eventually would give the Board
the same type of information it receives from the Police
Department .
Mr. Cataldo asked if there was any reason the Board
has not received the minutes .
Mr. Sheldon replied he thought the Commissioners
felt this report was what the Board wanted.
Mr. Brown said he would like to see more effort
done with Mr. Gray along the line of centralized pur-
chasing.
Mr. Cataldo asked if Mr. Brown meant getting a
purchasing agent, and Mr. Brown replied that it would
come to that in the future. He said he thought it
would be better to concentrate along these lines rather
than asking the departments for reports.
The Chairman agreed to request the Commissioners
to send the Board a carbon of the minutes.
Mr. Burnell said he would like Mr. Gray to submit
a report of his progress to the Board also .
At Mr. Burnell 's request, the Fire Commissioners '
letter of July 16, 1963 relative to extra duties per-
formed by men in the Fire Department other than those
under which they are classified, was placed on the
agenda.
1
492
mc
c.
On truly 29, 1963, the letter was acknowledged and
the Commissioners advised that further consideration would
be given the subject when the 1964 budgets were beingdis-
cussed
Mr. Sheldon said he thought this was a very dangerous
situation and if the Board begins to set up different
categories, it will have as many categories as there
are men in the department. He explained that when the
Commissioners hire a man and he says he can do certain
things, he is told that he would be expected to do them.
He said he did not think there is any reason to set up
different categories because it would start trouble. He
said once this is started, every man in the department
will have a reason why he should have a category.
Mr. Burnell said he believed when Mr.Evans talked
to the Board about this, the category of fireman was to
establish the salary for that particular job, a fireman,
and had nothing to do with the special assignments that
would be made later
Mr. Sheldon said all the men are firemen and there
is no mne man with a special category except Captain
Sorenson.
Mr . Burnell said the Chief could assign these men
but it would not change their pay He suggested that
a letter be sent to the Commissioners explaining it to
them - - all members of the Fire Department are firemen
and will perform such other duties as the Chief or Com-
missioners so direct
Mr. Burnell said it seemed to him that there should
be an overtime policy established by the Board and the
Overtime responsibility of granting overtime should be placed in
one individual, and as he recalled, this one individual
was going to be the Executive Assistant. He said he
believed this was discussed with Mr. Carroll who said
the only overtime is of an emergency nature.
Mr. Cataldo said police officers on night duty
and officers on their days off have to go to court
for $3.90. He said most surrounding towns have set
up a schedule
Mr. Brown said he had been asked the same question,
and he did some checking . He said if the Board would
go along and ask for an appropriation it would amount
to $4,000 in extra pay
Mr. Burnell said he thought it would be well if
something like this was handled through Mr. Gray and
the Police Department, and he would need more facts
on this before taking any action.
Mr. Cataldo suggested that this is something to
be considered in next year 's budget.
499
The Chairman read a letter from the Appropriation
Committee advising that a transfer of $750 to the Park
Department - Wages and Expens,-s Account - had been ap- Transfer
proved. No action was taken on the request for a
transfer of $7,000 to the Library Expenses Account.
Upon motion duly made and seconded, it was voted
to call a Special Town Meeting to be held on Monday, Town Meeting
November 25, 1963, at $:00 P.M.
Upon motion duly made and seconded, it was voted
to certify the characters of Priscilla L. McEwen and
William R. McEwen, Jr , who applied to the State for Cert of Inc.
a Certificate of Incorporation. Satisfactory
character references were received from the Chief of
Police.
Mr. Legro retired at 9:.25 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to the Painters ' Guild of the Lex-
ington Arts and Crafts Society to hold an outdoor Exhibit
exhibit on the Buckman Tavern grounds on Sunday,
October 13, 1963.
Upon motion duly made and seconded, it was voted
to grant Taxi Driver 's licenses to John E. Whittier
and Paul F. Smith, satisfactory character references Licenses
having been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to grant permission to the Bay Path Colonial Girl Use of hall
Scout Council, Inc. to use Estabrook Hall on September
23, 1963, from 9 :30 A.M. until noon.
The Chairman read a letter from Chief Rycroft ad-
vising the Board that he would be starting his annual
vacation on September 23.
Upon motion duly made and seconded, it was voted Acting Chief
to appoint Lieutenant dames F Corr, Acting Chief of
Police during the period of time Chief Rycroft is on
vacation.
Further consideration was given to Reverend
Landon Lindsay's letter relative to the appointment of
a bi-racial council. Bi-racial
The Chairman reported that he had tried several council
times to contact Mr.Lindsay and was finally able to
reach him this evening. He asked him if he thought
494 MC
c*
a bi-racial council would parallel the Civil Rights
Committee in Town. Mr. Lindsay said possibly it
would but he thought there was a need for such a group,
and suggested that the Board of Selectmen make a
resolution advocating that all citizens be mindful of
the law and conform to the law. He said he thought
what Mr. Lindsay would like is a resolution from the
Board.
Mr. Cataldo asked why Mr. Lindsay would make a
statement such as he did without first getting more
information.
The Chairman explained that the council would
be advertised and anyone seeking redress could know
where to go.
Mr. Cataldo asked if this wasn 't the purpose
of the Civil Rights Committee .
The Chairman said he thought at the moment Mr .
Lindsay would be satisfied with a resolution from the
Board.
Mr. Burnell said he thought the Civil Rights Com-
mittee was a group of fine citizens . He said he was
in favor of what this group of pepple is trying to do
to establish civil rights for all citizens, but the
people on the Civil Rights `'ommittee have done an ex-
cellent and a generally independent job of accomplish-
ing their purpose .
Mr. Cataldo said it was the Board 's feeling that
the Civil Rights Committee was doing a good job.
Mr. Sheldon asked if it would be in order for the
Board to endorse the Civil Rights Committee . He said
the most the Board should do would be to endorse the
work of the Committee.
The Chairman agreed to write a letter to Mr. Lindsay
and to tell him that it was also being released to the
press. He suggested that Mr. Lindsay be told the Board
reaffirms its faith in the Civil Rights Committee and
would strongly recommend that all citizens be aware of the
law and support the law, and that the Board does not feel
another committee at this time would do anything different
from what the Civil Rights Comrrittee is<ldoing.
Further consideration was given to the appointment
of an Industrial Committee.
Mr. Sheldon said he was still of the opinion that
Lexington a member of the Board of Selectmen and a member of the
Executive Planning Board should be on the committee with Mr. Gray
Park De- also a member, but possibly as a navoting member .
velopment Mr. Cataldo asked if Mr. Sheldon wanted a five man
Committee committee .
495
Mr. Sheldon moved that the Committee consist of
three businessmen, a Selectman, a member of the Plan-
ning Board, to be appointed by the Chairman of the
Boards, and Mr. Gray, Ex-Officio.
Mr. Sheldon submitted the name of Dr. Walter
Baird, Chairman of the Board of Baird Atomic. He re-
ported that he had asked Dr Baird if he would serve
if such a committee were appointed and if his name was
chosen, and he had replied in the affirmative. He
reported that Dr. Baird travels the country for his company
and has considerable stature in the electronics business
Mr. Burnell submitted the name of Duncan E. MacDonald,
30 Hancock Street, who is a Ph.D. , a Vice President and
Director of Itek and who has lived in Lexington for some
time . Before becoming an officer of Itek, he was con-
nected with Boston University, and has indicated his
willingness to serve if appointed.
Mr. Cole submitted the name of Dr. John Howard, 23
Patterson Road, a senior scientist at Cambridge Research
Laboratory.
Mr. Brown said he hoped all these individuals would
be in favor of industrial expansion in the present zoning
areas and it might be possible that one of them would
not be particularly inter sted in getting industry to
Lexington.
Mr. Cataldo said he would withdraw Mr.Moore 's
name because Mr. Gray will provide the local representation.
The goal of the committee would be; 1) to analyze all
the proposed NASA in the northern part of greater Boston
and report all information to the Board. Then the Board
would authorize the committee to support it in any way
possible. 2) to come back and catalog what the Town
does have available for sites, both in location and size,
at the same time obtain from the Board ;of Assessors what
the assessed values are at this point.
It was also suggested that Cabot, Cabot and Forbes
be alerted that such a committee has been established.
Upon motion duly made and seconded, it was voted
to establish an industrial committee to be known as the
Lexington Executive Park Development Committee and to
appoint the following individuals to serve on the com-
mittee : George C. Sheldon, representing the Board of
Selectmen; a member of the Planning Board, to be desig-
nated by the Chairman of that Board; Dr. Walter S. Baird
of Baird Atomic, Duncan E. MacDonald of Itek and William T.
Welsh of Raytheon.
Mr. Gray referred to Mr. Eugene F. Delfino's offer
to purchase tax title lots 77 and 78, block D, Reed Street .
496 IND
mit
He reported that the Planning Board had recommended
that the lots be sold to Mr. Delfino subject, for a period
of 99 years from the date of sale, to the restriction that,
for purposes of building, all of lots 77 to 80, inclusive,
are to be combined to form one lot and that no mune than
one dwelling, together with customary accessory buildings,
shall be erected or placed on the combined lot.
Tax title Upon motion duly made and seconded, it was voted
that a proposal to sell the lots be advertised in the
Lexington Minute-man and that further consideration be
given the offer.
The meeting adjourned at 10:10 P.M.
A tkrue record, Attest :
M1 1
.I R
e t'tiv C1= , Selo en
497
SELECTMEN'S MEETING
September 23, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office BuiBing, on
Monday, September 23, 1963, at 7:30 P.M. Chairman Cole,
Messrs . Brown, Cataldo and Sheldon were present. Mr.
Legro, Town Counsel, Mr. Higgins, Assistant Town Engi-
neer, Mr. Gray, Executive Assistant, and Miss Murray,
Executive Clerk, were also present
Miss Mary McDonough, Assistant Town Clerk, met
with the Board for the drawing of two jurors . The
following individuals were drawn for jury duty: Jurors
Wilfred L. Dwyer, 193 Pollen Road, and James A. Mallon,
21 Bellflower Street.
Miss McDonough retired.
Mr. Legro stated that he had prepared an Order of
Taking of a sewer easement from Scotland Road to Blodgett
Road; no betterments being assessed and no damages being
awarded. Sewer taking
Upon motion duly made and seconded, it was voted
to execute the Order of Taking in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 23rd day of September, 1963, it is
ORDJ:HED: Whereas at a Town Meeting duly called, warned
and held on March 4, 1963, namely at an adjourned session
thereof duly held on March 18, 1963, in accordance with the
provisions of law applicable thereto, it was unanimously
"VOTED: That the Selectmen be and they hereby are
authorized to install sewer mains, subject to the assess-
ment of betterments or otherwise, in such accepted or un-
accepted streets or other land as the Selectmen may determine,
in accordance with Chapter 504 of the Acts of 1897 and all
acts in amendment thereof and in addition thereto, or otherwise,
and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary there-
for; and to appropriate for such installation and land acqui-
sition the sum of $255,875.00, and that payment be provided
498
woo
e.,
b the transfer of $63,570.00 from the Sewer Assessment
Ft
and, the transfer of $59,900.00 from the unexpended
balance of the appropriation for the extension of a sewer
main voted under Article 5 of the warrant for the Special
Town Meeting held September 15, 1958, the transfer of
$15,399.88 from the unexpended balance of the appropriation
for the installation of sewer mains voted under Article 14
of the warrant for the 1960 Annual Town Meeting, the trans-
fer of $298.79 from the unexpended balance of the appropri-
ation for the installation of sewer mains voted under
Article 13 of the warrant for the 1959 Annual Town Meeting,
the transfer of $11,663.65 from the unexpended balance of
the appropriation for the installation of sewer main voted
under Article 16 of the warrant for the 1958 Annual Town
Meeting, the transfer of $33,889.96 from the unexpended
balance of the appropriation for the installation of sewer
mains voted under Article 15 of the warrant for the 1960
Annual Town Meeting, the transfer of $3,700.00 from the
unexpended balance of the appropriation for the acquisition
of land along Vine Brook southeasterly of Emerson Road
voted under Article 45of the warrant for the 1960 Annual
Town Meeting and by raising the balance of $67,452.72 in the
current tax levy. "
WHEREAS the Selectman have determined that it is neces-
sary
toinstall a sewer main in the land hereinafter de-
scribed.
NOW, THEREVORE, 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 man-
holes, pipes, culverts and other appurtenances, and to do
all other acts incidental thereto, including the right to
pass along and over the land for the aforesaid purposes, in,
through and under a certain strip of land in said Lexington
extending from Scotland Road to Blodgett Road and bounded
and described as follows :
Beginning at a point in the southeasterly line of
Scotland Road, which point is situated 15.01 feet
northeasterly of the common boundary of lot 46 and
lot 47 at its junction with said southeasterly line of
499
Scotland load, thence running southwesterly by a curve
to the right having a radius of 230.00 feet along said
southeasterly line of Scotland Road, distant 20.01 feet to
a point ; thence turning and running South 56°28'50" East
through said lot 47, distant 130.02 feet to a point in the
common boundary of said lot 47 and lot 4; thence turning
and running South 76°30 '00" East through said lot 4, distant
70 feet, more or less, to a point in the common boundary
of said lot 4 and said lot 5; thence turning and running
South 60°23 '40" East along said last mentioned common
boundary, distant 180 feet , more or less, to a point in
the northwesterly line of Blodgett Roa(, thence turning
and running by a curve to the left having a radius of
316.84 feet along said northwesterly line of Blodgett
Road, distant 20.29 feet to a point; thence turning and
running North 60°23 '40" West into said lot 5, distant
184 feet, more or less, to a point ; thence turning and
running North 76°30'00" West through said lot 5, distant
68 feet, more or less, to a point in the common boundary
of said lot 5 and said lot 46, which point is 0.22 feet
northeasterly of said common boundary of lot 5 and lot 4
at its junction with the common boundary of said lot 5
and said lot 46; thence turning and running North 56°28 '50"
West through said lot 46, distant 130.16 feet to the point
of b4nning;
all as shown and marked "Sewer Easement" on plan entitled
"Plan of Sewer Easement From Scotland Rd to Blodgett Rd.
Lexington, Mass . ", dated Aug. 30, 1963, John J. Oarroll,
Town Engineer, to be recorded herewith and a copy of which
is annexed hereto and made a part hereof
Said rights and easements in the land included within
the above description are taken without interference with
or prejudice to the rights of the respective owners of the
land, except so far Ps is reasonably necessary in the ex-
ercise of the rights and easements hereby tkken, and there
are reserved to the respective owners and their heirs,
successors and assigns all their respective rights in and
to the use of their lands for all lawful purposes not in-
consistent with the use thereof for all purposes hereinabove
mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and ea"ements are taken and
performs any work thereon, it shah 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 strip of land are included rz±thin the taking.
500
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 incorrectly
stated, it is to be understood that such land or interest
is owned by an owner or owners unknown to us :
UNREGISTERED LAND
Lots as Indicated
Owner on Aforesaid Plan
Harry E. King and Catherine King,
husband and wife Lot 46
Rosanna L. Kirlin Lot 47
Charles H. Ehlers and Arlene Ehlers,
husband and wife Lot 4
Paul Nesbeda and Mary Nesbeda,
husband and wife Lot 5
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarddd.
WITNESS our hands at d
Lexington as foresaid, this a3r
g
day of September, 1963.
/s/ Lincoln P. Cole, Jr.
Robert Cataldo
Otis S. Brown, Jr.
George C. Sheldon
Majority of Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . September 23, 1963
Then personally appeared Lincoln P. Cole, Jr., Otis S.
Brown, Jr. , Robert Cataldo and George C. Sheldon, 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/ Donald E Legro
Notary Public
My commission expires March 14, 1970
501
Mr. Legro referred to a vote of the Board, at its
meeting on September 9, 1963, granting a partial re-
lease of land from a sewer betterment assessment, in-
volving the land of the DiSilva Family Trust taken by Partial
the Commonwealth for highway purposes . release of
Upon motion duly made and seconded, it was voted sewer
to execute release prepared by Town Counsel, in the betterment
following form:
PARTIAL RELEASE of LAND FROM SEWER BETTERMENT ASSESSMENT
At a meeting duly held on August 8, 1960, the Board
of Selectmen of the Town of Lexington, acting as a Board
of Water and Sewer Commissioners, adopted an order of taking
of sewer easement from Lawrence Lane to Webster Hoad in said
Lexington, and attached to said order a schedule of esti-
mated betterments to be assessed on the particular parcels of
land to receive special benefit from the construction of the
sewer within said easement, including the land of Thomas
DiSilva, Trustee of the DiSilva Family Trust represented
by Certificate of Title No. 96076, filed in Middlesex
South Land Registry District, Registration Book 610, Page
126, on which the estimated betterment assessment amounted
to $701.02. Said order and attached schedule were duly
filed in said Land Registry District as Document No. 357568
and noted on said Certificate of Title
The said Board of Selectmen of the Town of Lexington at
a meeting duly held on the 23rd day of September, 1963,
acting as a Board of Water and Sewer Commissioners, hereby
releases from the lien securing the aforesaid betterment
assessment such part of the aforesaid land of Thomas DiSilva,
Truatge of the DeSilva Family Trust, as is situated within
the State Highway Location as altered by order by the Com-
monwealth of Massachusetts, (Department of Public Works )
dated NovembFr 28, 1961, filed in said Land Registry District
on November 29, 1961 as Document No. 373686; but nothing
herein contained shall be construed as an abatement of said
betterment assessment or any part thereof, and the lien
created by said betterment assessment is hereby expressly
reserved on all the other land now or formerly of said Thomas
DiSilva, Trustee of the DiSilva Family Trust, referred to in
said schedule of estimated betterments .
WITNESS our hands in said Lexington this 23rd day of
September, 1963.
TOWN OF LEXINGTON
By /s/Lincoln P. Cole , Jr. /s/ Robert Cataldo
/s/Otis S. Brown, Jr. /s/ George C. Sheldon
Majority of the Board of Selectmen
502
w.
C-
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . September 23, 1963
Then personally appeared Lincoln P. Cole, Jr. , Otis S
Brown, Jr. , Robert Cataldo and George C. Sheldon, 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/ Donald E. Legro
Notary Public
My commission expires March 14, 1970
Upon motion duly made and seconded, it was voted
to sign a contract between the Town and Chris Coviello
for sidewalk work in the Town (Wood Street, Woburn
Sidewalk Street, Lincoln Street and Emerson Road ) in the amount
' contract of $7,812 50, all copies of the contract to be held by
Mr. Legro until the certificates of insurance are com-
pleted to his satisfaction.
Upon motion duly made and seconded, it was voted
to sign a contract between the Town and Northeastern
Electric Company, Northeastern Sales Corporation, for
installation of lighting in the Public Works Building,
in the amount of $2,278.00, all copies of the contract
to be held by Mr. Legro until the certificates of in-
surance are completed to his satisfaction
Mr. Gray referred to an offer of $300 for tax title
Lot 7A, Pleasant Street, submitted by Mr . Alvin Y Morrison.
He said the Board was wiling to consider selling the lot
for the price of $300 in addition to a sewer betterment
of $609.58 and Mr Morrison wanted to know if it would be
Tax title possible to apportion the betterment.
The Chairman read a letter from Mr. Legro stating
it is his opinion that apportionment of betterments which
have been committed to the Tax Collector and added to a
tax title account is beyond the scope of the powers and
duties given to the Assessors by law.
It was agreed to advise Mr Morrison that if hay
desires to acquire this lot, he will have to pay the
betterment in full at the time he pays for the lot.
Letter from the Minute Man Park Realty Trust with
reference to a pos ible future setback of the Central
500
Block property was held over.
Mr. Gray stated that the Engineering Department
prepared several schemes and that Mr. Carroll recommended
Scheme #2 taking about fifteen feet He reported that
Mr. Giroux, Trustee, looked at the plan todayand agreed
to go along with the fifteen foot taking which will allow
for a sidewalk Central
Mr. Higgins presented the suggested schemes and Mr Block set-
Gray explained the plans to the board. He stated that back
plan #1 would be taking ten feet, allowing for an eight
foot sidewalk. He said if the Board is agreeable to
the plan recommended by Mr. Carroll, #2, the Board could
meet with the Trust and work out the details .
Upon motion duly made and seconded, it was voted
that plan #2 as presented this evening and shown on a
map, be approved, and that necessary steps be taken to
work out a specific agreement to be presented to the
Special Town Meeting on November 25, 1963.
Letter was received from Bernhart R. Snyder,
Peacock Farm Road , requesting the Board to make an offer
in settlement in connection with the sewer easement over
Lot 38, Peacock Farm Road. Mr. Snyder felt that a suit-
able offer should be in an amount not less than $500. Claim
Mr. Higgins reported that pictures have been taken
of the easement and an appraiser has made a cursory
inspection of the land.
It was decided to defer action on Mr. Snyder 's re-
quest until receipt of the appraisal
Letter was received from the law firm Nutter,
McClennen & Fish, repres nting the Plough Broadcasting Co
Inc. , (WCOP) . On August 26, 1963, petition for location
of six poles on Concord Avenue was tabled to give Plough Pole
Broadcasting Co. Inc . , an opportunity to confer with locations
Boston Edison representatives . According to the letter
aconference was held but without result, and the attorney
assumed that the matter will not again be before the Board
without additional notice first given to counsel for the
company.
It was agreed to advise the Boston Edison Company
that no action has been taken and the Board will wait
until it hears further from Boston Edison.
Petition was received, signed by residents of
Curve Street , requesting that the street be repaved
Mr. Higgins reported that he has looked at this
and money was provided in the Highway Maintenance budget
WU4
X
NiroC
this year for resurfacing streets. Mr . Carroll intends
to do this street if sufficient funds a 'e left after
doing streets that are main thoroughfares . If there
are no funds, the street will be p^tched this year and
funds requested in the 1964 budget to repave it
Petition was received from residents of Blake Road
advising that they do not desire any change in the
Blake Road present surface condition of the road.
The Chairman said a petition for the acceptance
of the road will be considered when budgets are dis-
cussed
Letter was received from Alfred P. Tropeano, Vine
Brook Realty Trust, together with bill in the amount
of $16,504.59, the amount agreed upon by Mr. Tropeano
and Mr. Carroll as being due the Vine Brook Realty
Trust as the Town's portion of the cost of construction
,Worthen Road of a section of Worthen Road.
Mr. Higgins said Mr. Carroll would like the Board
to hold this matter over until he returns from vacation.
No action was taken.
The Chairman read a letter from Mr. Alfred P.
Tropeano requesting the Town to resurface the sidewalk
in front of the Professional Building and inquiring
about placing granite curbing in front of the building.
Sidewalk and Mr. Higgins reported that there are funds in the
curbing curbing account and this is one area where Mr. Carroll
plans to extend the curbing which will be installed at
the same time the sidewalk is rebuilt this year .
Copy of letter to Mr. Carroll from Mrs . Mary L.
Levis with reference to acceptance of Hayes Lane was
received.
Hayes Lane Mr. Carroll had acknowledged the letter and ad-
vised Mrs. Levis that upon return of the signed peti-
tion, which would be sent out to Mr . DeGuglielmo, an
item would be included in the 1964 budget for the
construction and acceptance of Hayes Lane.
Later in the evening Mrs . Levis came into the
meeting.
The Chairman advised that the subject would be
considered when budgets are being discussed and de-
cision made on the streets to be presented to Town
Meeting for acceptance.
Mrs. Levis said if the people were certain that
the street would be wide enough for two cars, she was
sure over 75% would sign the petition.
c3:
Mr. Higgins said Hayes Lane is now a thirty foot
layout and the Public Works Department will propose a
twenty foot pavement.
Mr. Sheldon said, in effect, that is wider than
the street is now.
Mr. Higgins stated it is four or five feet wider
than it is now.
Mr. Higgins explained the reason for the twenty
feet instead of twenty-four feet is the real problem
of building the street . There is a hill on one side
and it drops off on the other side . He said the
initial petition has been received but the formal
petition has not yet been sent out, but this will be
done as soon as possible
The Chairman said procedures being taken are normal
and the Board would give the petition consideration.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectments Meeting held Minutes
on September 16, 1963, as written.
Mr. Gray reported on bids opened Friday, September
20, 1963, at 4:00 P.M. on tax title lots 234 to 258,
inclusive, on Freemont and Asbury Streets and lots
631 to 634, inclusive, on Freemont Street. Tax title
II He also reported that an offer was received in
the mail this morning, postmarked 10:00 P.M. September
20, 1963.
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 234 to 242, inclusive, ,
on Freemont Street and tax title lots 243 to 258, in-
clusive, on Asbury Jtreet, to Mark Moore, Jr. at his
bid price of $17,000, plus betterments totaling $6,176.29
and subject tothe recommendations of the Planning Board.
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 631 to 634, inclusive, Tax title
Freemont Street, to Cyril R. Pratt, at his bid price of
$3,500 plus betterments totaling $1,368.25 and subject
to the recommendations of the Planning Board.
The Chairman read a letter from Franklin C. Hudson,
Town Meeting Member in Precinct One, with reference to Complaint
a basement in the Countryside area .
Report expected from the Building Inspector was
not received and the matter was held over .
Upon motion duly made and seconded, it was voted
to grant a yearly dump permit to John J. Maguire, a Dump permit
resident of Stoneham who is working in Lexington and
has refuse from his jobs to dispose of.
tiO
mc
C-
Upon motion duly made and seconded, it was voted
to grant the following lic nsO.s:
Robert F. Wilcox Taxi Driver
Andrew J. Gnoza 't "
Lex-Mil Theatre, Inc . Sunday Movies
Upon motion duly made and seconded, it was voted
to appoint the following additional Special Police
Officers for terms expiring March 31, 1964:
MIDDLESEX COUNTY SANATORIUM
Robert F. Ingram Bernard J. Link
Mario Dinally Lawrence Kolbrook, Jr.
Edward Sorli Anthony B. Zarella
Albert Gray, Jr. Executive Assistant
The Chairman reported that a request for a paptr
drive on Sunday, October 27, 1963, had been received
from St. Brigid and the Sacred Heart Churches . He
Paper Drive said the Church of Our Redeemer, who had previously
been given permission for a drive the same Sunday is
willing to hold its drive on October 20.
Upon motion duly made and seconded, it was voted
to grant St. Brigid and Sacred Heart Churches per-
mission to conduct a paper drive on Sunday, October 27,
1963.
The Chairman read a note from Mrs. Marjory Battin,
of the Committee on the Structure of Town Government,
together with a suggested letter to be sent by the
Town Govern- Board to Mr . Evans requesting release of employees '
ment Survey questionnaires for use by the Committee
The Chairman reported that he had advised Mr.
Homer Hagedorn that the questionnaires were confidential.
Mr . Cataldo said he could not see any connection
between the structure of the Town Government and the
questionnaires .
The Chairman said the Committee feels it would
help if it knew what the questionnaires contained.
Mr. Cataldo asked if the survey was on town
government or town departments.
The Chairman replied it is town government but
the departments come under it
porvw
Mr. Brown asked if th Committee had to go as far
as to request this information.
Mr. Gray reported that he did furnish the committee
with the job classifications and said the information
the committee now wants is usually considered confidential.
The Chairman said Mr. Hagedorn felt the job classi-
fications were helpful but he thought the questionnaires
would be more helpful.
The Chairman said Mr. Evans might release them if
the Board requested it .
It was agreed that the Chairman should ask Mr. Hagedorn
for more specific information as to why the request for the
questionnaires has been made.
The Chairman said there is a vacancy on the Town
Celebrations Committee caused by Mr. Kingston Howard's
resignation and suggested Mr. James Fenske, 11 Liberty
Avenue, as a replacement . Appointment
Upon motion duly made and seconded, it was voted
to appoint Mr. James Fenske to the Town Celebrations
Committee for an unexpired term ending April 30, 1965.
Mr. Sheldon reported that the first meeting of the
Lexington Executive Park Development Committee would be Meeting
held on Wednesday of this week.
The meeting adjourned at 8:20 P.M.
A true record, Attest :
ec ive lerk Select a
AAAA
G��
508
SELECTMEN'S MEETING
September 30, 1963
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, on Monday,
September 30, 1963, at 7 :30 P.M. Chairman Cole, Messrs .
Brown, Cataldo and Sheldon were present . Mr. Legro,
Town L'ounsel, Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Miss McDonough, Assistant Town Clerk, met with the
Board for the drawing of three jurors . The following
Jurors individuals were drawn for jury duty: Joseph J Volante,
85 Lowell Street, Joseph W. Shaughnessy, 18 Deering Avenue,
and Philip C Boyd, 17 Red Coat Lane.
Miss McDonough retired.
Mr. Legro referred to the disposal site taking and
explained that in 1962 Mr. Fred Staples was negotiating
with Frank Canisius for lots 18 through 20, block LjI.,
Settlement Meed Street He made an offer to the heirs of $365.
of claim - It appeared that Frank Canisius had died, and Josephine F.
dump site Waldron and Marie G. Leary claim to be the sole owners
lots by deed not having a good equitable title. Mr Staples
offered them 50% of the original offer which was refused.
They have now agreed to accept $178 and have sent in a
release.
Upon motion duly made and seconded, it was voted
to authorize payment of $178 to Josephine F. Waldron and
Marie C. Leary in settlement in return for a release of
damages .
Mr. Legro stated that, in accordance with a vote of
the Board, he has prepared a deed conveying tax title
lots 22 to 28, inclusive, on Marvin Street, to Alfred
Tax title and Lena E Iodice
Upon motion duly made and seconded, it was voted
to execute the deed as presented by Mr.Legro, con-
veying lots 22 to 28, inclusive, on Marvin Street to
Alfred and Lena E. Iodice .
Mr. Legro submitted an Order of _,Taking of a drain
easement extending from Sky View Road to Volunteer Way
Drain which, he explained, was voted some time back by the
Easement Board.
Upon motion duly made and seconded, it was voted
,, to adopt an Order of Taking of a drain easement extend-
ing from Sky View Road to Volunteer Way in the following
form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 30th day of September, 1963, it is
ORDERED: Whereas at a Town Meeting duly called, warned
and held on March 4, 1963, namely at an adjourned session
thereof duly held on March 18, 1963, in accordance with the
provisions of law applicable thereto, it was unanimously
"VOTED: That the Selectmen be and they hereby are author-
ized to install drains in such accepted or unaccepted
streets or other land as they may determine, in accordance
with Chapter 263 of the Acts of 1926, as amended, or other-
wise, subject to the assessment of betterments or otherwise,
and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary there-
for; and to raise and appropriate for such installi.tion and
land acquisition the sum of $28,000.00. "
II WHEREAS the Selectmen have determined tht it is necessary
to install a covered surface and ground water drain or
drains 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 263 of the Acts of 1926 and Chapter 79
of the General Laws, and all acts in amendment thereof and in
addition thereto, and of any and every other power and authority
us hereto in any way enabling, take in the name and on behalf of
said Town of Lexington the perpetual rights and easements to lay,
construct, inspect, repair, renew, replace, operate and forever
maintain a covered surface water and ground water drain or drains,
with any manholes, pipes , culverts and other appurtenances, and
to do all oth =r acts incidental thereto, including the right to
pass along and over the land for the aforesaid purposes, in,
through and under a certain strip of land in said Lexington
extending from Skyview Road to Volunteer Way and bounded and
described as follows
Beginning at a point in the northerly line of Skyview
Road, which point is at the southerly terminus of a curved
line having a radius of 9.13 feet and being the westerly
boundary line of lot "B" on Plan hereinafter mentioned;
ti
1
510 \!)
3t
thence running South 88°41 '21" West a distance of
72 feet, more or less, to a point ; thence turning and
running North 12°50 '00" East a distance of 36 feet, more
or less, to the southwesterly corner of lot 60 on said
plan; thence turning and running North 65°32 '20" East along
the southeasterly boundary line of said lot 60 a distance
of 104 feet, more or less, to a point ; thence turning and
running North 42°49 '49" East along the southeasterly
boundary line of said lot 60 and the southeasterly boundary
line of lot 8 on said plan a distance of 213 96 feet to a
point in the southwesterly line of Volunteer Way; thence turning
and running by a curve to the left having a radius of
55.00 feet along said southwesterly line of Volunteer Way
a distance of 43 12 feet to a point; thence turning and
running South 42°49 '49" West a distance of 209.12 feet
along the northwesterly boundary lines of lot 9 and said
lot "B" on said plan; thence turning and running South
65°32 '20" West along the northwesterly boundary line of
said lot "B" a distance of 66 .67 feet to a point; thence
turning and running by a curve to the left having a radius
of 9.13 feet and being said westerly boundary line of said
lot "B" a distance of 24.99 feet to the point of beg*nning;
all as shown and marked "40 ' Drain Easement" on plan entitled
"Plan of Drain Easement from Skyview Rd. to Volunteer Way Lex-
ington, Mass. ", dated May 20, 1963, John J. Carroll, Town
Engineer, to be recorded herewith and a copy of which is annexed
hereto and made a part hereof.
Said rights and easements in the land included within the
above description are taken without interference with or pre-
judice to the rights of the respective owners of the land, ex-
cept so far as is reasonably necessary in the exercise of the
rights and easements hereby taken, and there are reserved to
the respective owners and their heirs, successors and assigns
all their respective rights in and to the use of their lands
for all lawful purposes not inconsistent withthe use thereof
for all purposes hereinabtve mentioned.
On each occasion that the Town enters upon the land in
which the aforesaid rights and easements are taken and performs
any work thereon, it shall be the obligation of the Town to
remove all surplus material and to leave the premises in
reasonably as good condition as when the entry was made.
Any trees upon the land included within the above de-
scribed strip 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
!V
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
UNREGISTERED LAND
Lots as Indicated
Owner on Aforesaid Plan
Town of Lexington Lot 60
Everett L. Gram, Jr and
Sarah M. Cram, husband and wife Lot 8
Harry M. Sullivan Lot 9
Harry M. Sullivan Lot "B"
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarded.
WITNESS our hands at Lexington as aforesaid, this 30th day
of September, 1963
/s/ Lincoln P. Cole, Jr.
/s/ Robert Cataldo
/s/ Otis S. Brown, Jr.
/s/ George C. Sheldon
Majority of the Board of
Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss September 30, 1963
Then personally appeared Lincoln P. Cole, Jr , Otis S. Brown,
Jr , Robert Cataldo and George C. Sheldon, 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/ Donald E. Legro
Notary Public
My commission expires March 14, 1970
512
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Mr. Legro said that some time ill 1962 there were
negotiations with Alfred S. Busa and Daniel P. Busa,
Trustees of Busa Realty Trust, ,for twenty-three lots
of land on Circle Road The file shows an unexecuted
agreement prepared by Alfred P. Tropeano, attorney for
the Trustees He explained there is a provision that
the number of building lots be limited to seven. Con-
veyance was not m de because lots 239 to 241, inclusive,
were recorded in the unregistered side, but were regis-
tered land The taking by the Town of these three lots
Circle Road is invalid He stated there also had to be work done by
Mr. Stevens to obtain a certificate of title pertaining
tax title to the other lots . He reported that he has had conversation
lots with Mr. Tropeano who advised that the Trustees would like
to take title to these lots the Town holds and agree to
take title to the other three lots when the Town acquires
title. The price agreed upon was $2600, and the Trustees will
pay a pro rata amount , $4,000 for twenty lots . He explained
the agreement also provided that the Trustees would construct
Circle Road, install water mains and sewer drains according
to specifications . Circle Road would then connect with
Circle Road in Green Valley Subdivision, Section 7
Mr Carroll said he thought the Town would be getting
a new street.
Mr. Legro explained that it would, but not in a sub-
division.
Mr. Cataldo asked what would have to be done to get
the other three lots, and Mr Legro replied that they have
to be put back on the tax rolls and another taking made
which would take about three years . He said in this case,
he thought the Board could waive a disclaim or release. He
explained this is a matter where it was not recorded accord-
ing to law.
Mr. Cataldo asked if it would be to the Town 's advan-
tage to have Mr Busa go to the people directly and pay up
the back taxes
Mr . Legro said he thought it would be an impossibility
as it would be extremely difficult to trace the heirs
The Chairman asked if Mr.Legro was making a recom-
mendation, and he replied in the affirmative, providing
a satisfactory agreement can be made
It was the sense of the Board that Mr. Legro should
proceed as he outlined.
Mr . Legro said presuming the agreement could be
worked out, he assumed the Board was talking about $4,000.
Mr. Legro said he had received inquiries about the
closing date of the warrant for the November Town Meeting.
Upon motion duly made and seconded, it was voted
to close the Warrant for the Special Town Meeting to be
held November 25, 1963, on Monday, October 21, 1963.
51•
The Chairman reported that Mr Irving H. Mabee,
Chairman of the Planning Board, mentioned that his
Board would like an article in the warrant pertaining Article
to the establishment of a Conservation Commission
Mr Carroll referred to the house, owned by the
Town, located at 96 Laconia Street, and reported that
he had rented it, subject to the Board 's approval, to
Mr. Leslie, a mechanic in the Public Works Department, 96 Laconia
for $75 a month He reported that there are no lights Street
on the top floor, no heat on the top floor, leaks in
the roof, holes in the walls and the kitchen is in bad
condition He suggested th t Mr Leslie make whatever
repairs he feels necessary to make the house livable
for the first month 's rent
Upon motion duly made and seconded, it was voted
to rent the house to Mr.Leslie for $75, the first
month to be rent free in consideration of Mr Leslie
making the necessary repairs as described above.
Mr. Carroll said snow removal in and around the
churches has bothered him He looked at the parking
lot of the new Temple Emunah on Rou to 2 At the
present time, snow is removed from the front and rear Snow Removal
of all churches ,It is not costing the Town a lot of
money, but the problem is that he has to be set up with
men and equipment to handle these jobs which have gradually
been increasing He said there is now the Temple on
Route 2 and the one on Lincoln Street , which means almost
the addition of another truck if he is going to give the
people in the Town the same service . He said as long
as the Board wants to continue, he would do it, but
equipment is needed. He said he did not plan to buy
any equipment and will use a hired truck
The Chairman asked how much inconvenience it would
cause if the Town did not plow the church parking areas
Mr. Carroll replied that it would be up to the
churches to plow them.
Mr. Brown said he thought possibly the Town would
discontinue the service in view of the fact the churches
are not taxed for this land.
Mr . Cataldo suggested a conference with the church
representatives to explain the problem, and advising that
it might be three or four days before the Town could plow
the areas after a storm
Mr. Carroll said he thought the Town should either
tell them the removal will be done right or tell them
it will no longer remove the snow
The Chairman said if the Town continues to plow the
churches, it will mean an additional truck and asked
about the cost
X14
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1
Mr Carroll said it is about $10 an hour.
Mr. Sheldon said he was talking about $1,000
The Chairman asked if Mr. Carroll could try it for
one year just to see what it entails .
Mr . Carroll said he could do it, but the point is
he did think the Board should realize what is being
done . He said one of the major costs in snow removal
is contract equipment.
Mr. Cataldo said it would cost the churches three
times as much to have the snow removed as it would cost
the Town
Mr Carroll said he was willing to go along and
plow the churches, but he wanted the Board to know about
it
The Chairman read a letter from Mr. Alfred P. Tropeano,
attorney for Vine Brook Realty Trust, requesting abatement
of a street be terment assessment levied on property
owned by the Trust and located on Winthrop Road.
Mr . Carroll presented a plan and explained the situ-
ation as an unusual one . He indicated the parcel of
land bounded by Winthrop hoed, by the center line of
Vine Brook and by the side line of John Porter Road.
He said if the betterment is abated, or even if it is
not abated, it is possible that the Trustees and Colonial
Vine Brook Development could get together and buildthere , whereas
Realty Trust at the present time, neither lot is buildable
street bet- Mr. Sheldon asked if something could be done by
terment agreement He said if those lots are combined, there
is a definite betterment, and as long as they are not
combined, there is no betterment
Mr. Legro said he thought the Town would find
itself in an embarrassing position and suggested that
the betterment might be deferred with interest
It was agreed to invite Mr Tropeano to meet with
the Board next Monday night at 7 45 P.M. to discuss the
subject
Mr. Tropeano 's letter, on behalf of the Vine Brook
Realty Trust, together with bill in the sum of $16,504.59
was held over from last week.
Mr . Carroll explained that the bill includes the
Vine Brook extra width of Worthen hoed plus the extra size of the
Realty Trust water main.
bill, Worthen The Chairman asked if the bill was in order, and
Road Mr. Carroll replied in the affirmative. He reminded
the Board that the amount it approves cannot exceed
the amount approved by the Planning Board. He ex-
plained that no payment should be made until such time
as the work is completed.
aii
It was agreed to ask the Planning Board for its
recommendation, payment nottb be made until such time
as the subdivision has been approved by the Planning
Board.
Upon motion duly made and seconded, it was voted Pole
to grant petition andn an order for the following location
j/o pole location:
Manning Street, southeasterly side , approximately 28
feet southwest of Bedford Street, --
One pole.
(One existing JO pole to be removed )
Mr. Bernhart R. Snyder 's letter requesting the
Board to make an offer in settlement in connection with
the sewer easement over Lot 38, Peacock Farm Road, was Claim
held over again upon request of Mr . Carroll, who said
he was working on the appraisals .
Notice was received from the MDC regarding a
hearing on October 16 relative to proposed improvements Hearing
to the water system.
Notice was received from the MDC regarding a
hearing on October 25 relative to proposed improvements
to the sewer system Hearing
Mr. Gray and Mr . Carroll are to attend both
hearings .
A letter from Mr. James J. McDevitt, 36 Colony
Road, with reference to a sewer connection service Sewer con-
charge, was referred to Mr. Carroll. nect charge
Letter was received from Moore Realty Trust
relative to a betterment charge of $973.90 assessed
against Lot 3, 106 North Hancock Street, in connection
with the construction of Blake Road. Street
Mr. Carroll presented a plan and explained the betterment
formula usually used in figuring assessments . He
said the problem is that this particular lot is on
three streets. There is no record of any assessment
off betterment and to his knowledge the lot has never
received a street betterment assessment . He said
his feeling is that this lot will not actually be
bettered by the construction of Blake Road and ex-
plained that no assessment has been made and what is
1 being considered is not assessing the Trust at all.
516
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The Board determined th;t the Moore Realty Trust 's
claim was justified, and upon motion duly made and seconded,
voted not to levy any assessment against Lot 3, 106 North
Hancock Street .
Letter was received from Mr. Raymond L. White,
Town Accountant, requesting a transfer of $179 from
the Reserve Fund to the Accounting Department Expenses
Transfer Account
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $179 from the Reserve Fund to the Accounting
Department Expenses Account .
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $970 from the Reserve Fund to the Selectmen's
Transfer Expenses Account, the account now being depleted.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on September 23, 1963, as written
The Chairman read a letter from the State Department
of Public Works in reply to the Board 's inquiry about
Route 2 necessary land takings for Route 2 and Spring Street
takings Mr. Cataldo suggested, and the Board agreed, that
Mr. Carroll arrange a meeting with C. F. Mistretta,
Chief Engineer, Department of Public Works .
Mr. Carroll retired at 8 :35 P.M.
Letter was received from the Planning Board in
regard to Mr.Bellizia 's renewed request to purchase
tax title property for the purpose of adding it to
the Pine Meadows Country Club.
Mr. Sheldon reported that the Lexington Golf Club
is interested and said both clubs should be given an
equal opportunity to acquire the land.
Tax title Mr. Brown said he agreed with the Planning Board
and said that as a private course five or ten years
from now the land cotld be sold. He said that Mr
Richard Sparrow, of the Lexington Golf Club, has dis-
cussed the subject with the Planning Board.
It was agreed to write both Clubs and ask them
to make a proposal on a lease basis
Further consideration was given to Mr Joseph D.
Augustine 's offer to purchase tax title lots 63-66,
inclusive, on Rawson Avenue . A notice to sell was
sw
advertised in the September 19, 1963 issue of the Lex-
ington Minute-man No other offers were received. Tax title
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 63-66, inclusive,
mn Rawson Avenue to Joseph D. Augustine, Jr. for $600
plus sewer betterment assessment in the amount of $351.01,
to be conveyed as one building lot .
The Chairman read a report from Mr. Donald K. Irwin,
Building Inspector, relative to a complaint received from
Franklin C. Hudson about the basement at Countryside Mr.
Irwin discussed the overall problem with Town Counsel,
but until the owner's twenty-day appeal period from the
Board of Appeals hes elapsed, there is very little the Complaint
Town can do . At the end of this period, the problem of
the non-conforming structure will again be discussed
with Town Counsel to determine the proper procedure to
follow.
The Chairman read a letter from Robert Forsberg,
411 Concord Avenue , complaining about an automobile Complaint
graveyard adjacent to the rear boundary of his property.
Report from the Building Inspector was also read.
= Letter was received from the Appropriation Committee
approving the following transfers from the Reserve Fund.
$1,000 to Assessors ' Personal Services; $50 to Building Transfers
Inspector 's Out of State Travel; and $50 to the Trustees
of Public Trusts Expenses
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Arts & Crafts Permit
Society to place boxes at the exhibition on the Buckman
Tavern grounds for contributions to the Society's
building fund
The Chairman read a letter from Mr. C. F. Sweeney
requesting an appointment with the Board to discuss gd.ison wires
moving his house, and the cost involved in moving the
electric wires
The Board decided thet if the matter cannot be
resolved with the Chairman, Mr. Gray and Mr. Sweeney,
an appointment would be made for next Monday at 8 :30 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Civic Association Use of hall
to conduct its annual meeting in Cary Memorial Hall on
October 21, 1963, from 8:00 P.M. until 11 :00 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Pre-School P.T.A
518
Mt
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to conduct a Pre-School Eye Clinic in Cary Memorial
Hall on October 19, 1963 from 1 .00 P.M. until 5:OOP.M.
Upon motion duly made and seconded, it was voted
to go into Executive Se ion 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
Following a discussion with the board of Assessors,
the meeting adjourned at 9 :50 P M.
A true record, Attest :
G, K, e ✓' iv Clw , SelecfM1"�n
v�
G�
I
519
SELECTMEN' S MEETING
October 7, 1963
A regular meeting of the °oard of Selectmen was
held in the Selectmeiis Room, Town Office Building,
on Monday, October 7, 1963, at 7 :30 P.M. Chairman
Cole, Messrs Brown, Burnell, Cataldo and Sheldon
were present . Mr. Legro, Town Counsel, Mr . Gray,
Executve Assistant, Mr. Carroll, Superintendent
of Pubiic Works, and Miss Murray, Executive Clerk,
were also present.
Mr. Legro stated that he had a deed, sent to him
by Mr.Stevens , to cdnvey lot 72 on Tower Road, a tax
title lot , pursuant to a vote of the Board in July, Tax title
1956. He explained there had been considerable diffi-
culty with this The Town registered it in the land
registry side instead of the registry side and the
Land Court also mf-de a mistake In the vote of the
Board, the restrictions were th"t no building was to
be erected on the lot and the deed has been drawn sub-
ject to restriction that this lot and the lot adjoin-
ing it be combined as one lot for building purposes .
Upon motion duly made anu seconded, it was voted
to execute the deed conveying tax title lot 72 on
Tower Ro d to John A. Collins , 35 Tower Road.
Further consideration was given to Mr. Bellizia 's
request to nurchase tax title property and to the
letter of September 20, 1963 received from the Planning
Board. Tax title
Mr. Legro said the principal question in this
matter is whether the area under discussion can effect-
ively be conveyed in any manner so as to carry out the
intent and purposes of the Planning Board and the Board
of Selectmen. He said if he understood this correctly,
Lot B is the locus consisting of tax title lots, but
they are interspersed with privately owned lands . If
the Town makes the takin€ for school or recreation pur-
poses knowing it does not need all of that land and
intending to lease it for private use , or previous to
the taking; agrees to lease, then the taking will not be
valid.
Mr. Bheldon asked what would happen if this were
taken for a school site lot and then the School Sites
Committee decided the land was not desirable or needed,
and asked if it was not a matter of intent
520
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Mr. Legro replied that it would be a matter of
fact.
Mr. Brown asked if a vote of a Town Meeting could
change it.
Mr. Legro replied in the negative and explained
that in order to have a taking, there would have to
be authority from the Town anyway. He said the Town
could not authorize a taking for private purposes
It can authorize a taking for public purposes and if
there turns out to be an excesssof land, or a portion
of land not needed, the Board can, by vote of the Town,
convey those lands .
Mr . Sheldon said that was the answer
Mr. Cataldo asked what Mr. Bellizia's original
request was and said perhaps he had made arrangements
concerning the other lots
Mr. Brown said Mr . Bellizia has some arrangement
made and the Lexington Golf Club has talked about them.
Mr. Cataldo suggested that the Board concern itself
with just the tax title lots if Mr Bellizia has already
made arrangements for the remaining portion
The Chairman said he thought the only action would
be for the board, if it agrees, to lease the land under
its control with the proviso that the golf club acquire
the other land
Mr. Legro said under those circumstances he thought
the Board should go to Town Meeting first, talking only
about leasing the tax title lots
Mr. Cataldo said the lots should not be taken if
it is known they will not be needed
Mr. Burnell asked if it would be fair to lease
these properties leaving privately owned lots in the
middle of the area
The Chairman said they would not be leased until
it was- certain the club had title to the other lots .
Mr. Sheldon suggested that the first action would
be to obtain permission from the Town to deal with the
land the Town now owns
Mr. Legro said he thought the Board might want
to find out whether dealing with that part of the land
consisting of tax title lots would satisfy the Planning
Board.
Mr. Alfred P. 2ropeanol attorney for the Vine Brook
Realty Trust, met with the Board at 7 :45 P.M relative
to a street betterment assessment levied against property
'Street of the Trust and located on Winthrop Road
Betterment He presented a plan and indicated land owned by
the Trust, and also pointed out the frontage on
Winthrop Road . He indicated the area upon which no
building could be erected because of a sewer easement
Mr. Carroll stated if this was taken as a psrcel
itself, there is no question that it is not bettered
However, Colonial Acres have land which could be com-
bined, making a buildable lot .
Mr. Tropeano stated from an economic and practical
view, it could not be done.
The Chairman said the Board would take the matter
under advisement .
Mr. Tropeano retired at 7:53 P.M
Mr. Carroll said, under the circumstances, he did
not feel the lot had been bettered by the construction
of the street.
Upon motion duly made an seconded, it was voted
to abate the street betterment assessment levied
against the land owned by the Vine Brook Realty Trust
and located on Winthrop Road
Mr. Carroll reported that two bids were received
for the construction of an addition to the existing
equipment and lavatory building on Park Drive. The Bid
low bidder was Louis Tropeano, $2,550, and the other
bidder was Martin Casby, $3,100
Upon motion duly made and seconded, it was voted
II to award the contract to Louis Tropeano.
Mr. Carroll reported on bids opened for sidewalk
construction work Sidewalk
Upon motion duly made and seconded, it was voted bids
to award the contract to the low bidder, Belli Bros ., at
the bid price of $16, 323 00
Mr. Carroll reported on bids opened for the Wood-
haven Trunk Sewer, and explained he could only report
because the Federal Government is involved. The low Trunk sewer
bidder was C. DiMartino & Sons, Inc . with a base bid bids
of $!73,806 40, alternala ##2, $478,724.60 and alter-
nate #3, $73,857.50.
Mr. Carroll stated that there are insufficient
funds, and if he had an additional $30,000, the pro-
ject could go all the way to Kennecott He recom-
mended that this amount be appropriated at the
Special Town Meeting and explained that by appropri-
ating $30,000, the Town would be able to take ad-
vantage of the 30% Federal Aid proposition.
It was the sense of the Beata that an article
should be inserted in the warrant for the Special
Town Meeting requesting an additional appropriation
of $30,000.
1
522
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C=;
Mr. Carroll referred to petition received for
the construction of Fairview Avenue and Hayward
Avenue, which he read to the Board, and explained
he was bringing the subject to the Board 's attention
because the Public Works Department is in the process
of making a formal petition to be sent out. Before
sending them out, he wanted to explain the situation
which is unique due to its nearness to the National
Historical Park. He explained the problem by use of
a plan.
Mr. Burnell said he thought the Board would not
want to become involved with anything so near being
taken for the Park
Mr. Brown stated that it is possible a further
taking may be made.
Mr. Carroll said perhaps he should send the peti-
tion out .
Mr. Cataldo suggested contacting Mr Donald E.
Nickerson who is the liaison.
Mr. Carroll said if definite information could
be obtained from the Park, that it would be the thing.
Mr. Sheldon suggested that Mr. Carroll see Mr
Nickerson.
Letter was received from Stanley H. Gelles, 30
Turning Mill Road, requesting permission to connect
the outlet pipe of the sump pump now in his basement
to the storm sewer in front of his house
Connection The Chairman asked if it would be all right for
to storm Mr. Galles to connect to the drain, and Mr. Carroll
drain replied in the affirmative He said the Board has
not refused similar requests when the people were
having trouble.
Upon motion duly made and seconded, it was voted
to grant Mr. Gelles ' request
Letter was received from Mrs . Louis Carota, 24
Tarbell Avenue, requesting abatement of a street
betterment assessment in the amount of $600.
Mr. Carroll presented a plan and indicated the
Street two lots, 144 and 145, acquired from the Town, with
betterment the understanding they could not be built upon. He
explained the Board had voted to abate the sewer
betterment assessment because the house was already
serviced by the existing sewer and existing water.
He did not think this applied in this instance as the
street services the entire lot, the whole 150 foot
frontage and he thought the assessment was valid
The Chairman asked if Mr. Carroll thought the
request for an abatement should be granted, and he
replied in the negative .
52
Mr. Cataldo asked if all the other houses were
assessed on the front foot, and Mr. Carroll replied
in the affirmative .
Upon motion duly made and seconded, it was voted
to deny Mrs. Carota's request for an abatement.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on September 30, 1963, as amended.
W. Carroll retired at 8 :35 P.M
The Chairman read a letter from the Board of Fire
Commissioners requesting a transfer of $200 from the
Reserve Fund to the Ambulance Account. The expendi-
ture of $280 for four new tires was an unexpected Transfer
expenditure.. .
Upon motiolduly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $200 from the Reserve Fund to the Ambulance
Expenses Account
Further consideration was given to the matter of
placing the Town's insurance.
The Chairman read a letter from the Lexington
Association of Independent Insurance Agents, dated
September 20, 1963, with further reference to the Insurance
subject .
Upon motion duly made and seconded, it was voted
that the Town continue to award its insuraice busi-
ness to Brewer and Lord
Mr. Cataldo was recorded in opposition, and Mr.
Brown abstained from voting.
Mr. Sheldon said he would like to defer allocation
of Commissions.
Further consideration was given to Mr. Eugene F.
Delfino 's offer to purchase tax title lots 77 and 78,
Block D, Reed Street. A proposal to sell was ad-
vertised in the September 26, 1963 issue of the Lex-
ington Minute-man. No persons contacted the Select-
meh's Office as a result of the advertisement
Upon motion duly made and seconded, it was voted
to sell and convey lots 77 and 78, Block D, Reed Street,
to Eugene F. Delfino subject to the restrictions that
these two lots are to be combined to existing lots
owned by Mr. Delfino.
524
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The Chairman read a letter from Mr Donald E.
Nickerson, to which was attached a copy of the minutes
of the meeting of the Minute Man Naticnal Historical
Park Advisory Committee.
The Chairman read a form letter from the State
Civil Defense in regard to Emergency Disaster Program,
a copy of which was sent to Mr . Burrell, Director of
Civil Defense
Upon motion duly made and seconded, it was voted
Sidewalk to sign an Order for the construction of a sidewalk
on the northerly side of Woburn Street from Fletcher
Avenue to Utica Street.
Mr. Gray reported a conversation he had with Mr .
Irwin, Building Inspector, in regard to a Standing
Building Code Committee, and said he thought this
was something the Board should consider because there
have been considerable changes in the construction
1Standing business during the past five years
Building Mr. Charles Cole, architect, was present and
Dode Com- stated his views as to why he was in favor of such
mittee a committee
Mr. Sheldon suggested that the subject be placed
on the agenda for the next Board meeting, at which
time further suggestions could be considered.
Mr. Gray agreed to discuss the matter with Mr.
Legro, Town Counsel.
It was also agreed to have Mr. Irwin meet with
the Board next week
Upon motion duly made and secondedi, it was voted
to go into Executive Session for the purpose of dis-
Executive cussing, deliberating, or voting on matters which, if
Session made public, might adversely affect the public security,
the financial interest of the Town or the reputation of
any person.
Following a discussion relative to Mr. Bernhart R.
Snyder's request for settlement in regard to a sewer
easement over Lot 38, Peacock Farm Road, and Mr. Sheldon' s
report relative to the Lexington Executive Park Develop-
ment Committee Meeting, the meeting adjourned at 9 :50 P.M
A true record, Attest
civ Cl- , Selec en
/):1LL`
1,V;JJJJJil
J
525
SELECTMEN'S MEETING
October 14, 1963
A regular meeting of the Board of Selectmen was,
held in the Selectmen's Room, Town Office Building,
on Monday, October 14, 1963, at 7:30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon
were present. Mr. Carroll, Superintendent of Public
Works, Mr. Gray, Executive Assistant, and Miss Murray,
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, Hip
pole, hip guy and anchor on Whipple Road. guy and
Mr. Serverson, representing the Boston Edison anchor
Company was the only person present at the hearing.
Notice of the hearing was mailed to the peti-
tioners, owners of the property listed on the peti-
tioners ' plan and also filed with the Superintendent
of Public Works.
Mr . Serverson explained that the pole has to be
replaced and the petitioners desire to move it over
to the lot line which might be a little less ob-
jectionable.
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 pole,
hip guy and anchor:
Whipple Road, southeasterly side, approximately
20 feet southwest of Fiske Road, --
One (1) pole - hip guy and anchor.
(One existing JO pole to be removed. )
The Chairman read a letter from Louis L. Green,
attorney representing the Girrac Reatly Trust, Robert W.
Carrig, et al, Trustees, reiterating a request to meet
with the Board relative to the trunk sewer easement
taken on property of the Trust. Girrac
It was agreed to make an appointment for Mr. Realty Trust
Green to meet with the Board next Monday evening
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 Emerson Road.
526 17)
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Mr. Serverson, representing the Boston Edison
Company, was the only person present at the hearing.
Notice of the hearing was mailed to the peti-
tioners, owners of the property listed on the peti-
tioners ' plan and also filed with the Superintendent
of Public Works.
Mr. Serverson explained the proposed pole lo-
cations are to service a new home.
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 :
Emerson Road, northeasterly side, northwesterly from a
point approximately 127 feet northwest of East
Street, --
Two (2) poles .
The Chairman read a letter from Hugh M. Chapin,
Co-President, Parker School PTA, requesting certain
precautions to be taken in the vicinity of the Parker
School. A copy of the communication was mailed to
each member of the Traffic Study Committee.
The Chairman reported that Mr. Chapin was present
at the meeting.
Mr. Burnell stated that the committee recognizes
the problems that exist along Bedford Street and has
been taking traffic counts all along Bedford Street
from Harrington Road to the Bedford line. He said
the studies are fairly near completion now and he
thogght the committee would have its first meeting in
regard tothese within the next ten days or two weeks
He said he thought some of the things requested by the
Parker School PTA would be approved by the Committee.
The Chairman said the letter would be referred to
the Traffic Study Committee and he suggested that the
committee invite a member of the PTA to attend.
Mr. Burnell said the first meeting will pertain
to all of Bedford Street and not just the Parker School.
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
Baker Avenue.
Pole Mr. Serverson, representing the Boston Edison
location Company, Mr. and Mrs. Thomas D. Baird, 57 Baker Avenue,
were present at the hearing.
Notice of the hearing was mailed to the petitioners,
owners of the property listed on the petitioners ' plan,
and also filed with the Superintendent of Public Works.
Mr. Serverson said Ames Avenue is under construction
and the present pole will be out in the middle of the
ma
intersection.
Mrs. Baird said the relocated pole will be right in
front of her house and asked if it was necessary to move
it fourteen feet.
Mr. Baird said they would be the only ones to have
an electric pole in front of their house.
Mr. Serverson stated that if the pole is left where
it is now, it will be in the middle of the street .
Mr. Baird said the street will be nine feet away
from his bushes and asked why it was being moved.
Mrs. Baird said none of the land is being touched.
Mr. Baird said if the pole is moved fourteen feet,
wires will have to be run over his property
Mr. Serverson explained it could be done without
disturbing Mr. Baird's maple tree.
Mr. Baird said he could not see why the pole had
to be moved fourteen feet.
Mr. Serverson agreed and said he would get a set
of plans and see if something could be worked out that
would be satisfactory to Mr. Baird.
No action was taken by the Board
Hearing was declared open upon petition of the Boston
Edison Company for permission to install a conduit in
Bedford Airport Road.
Mr. Serverson, representing the petitioner, was the
only person present at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of property listed on the petitioner's plan, and
also filed with the Superintendent of Public Works. Conduit
Mr . Serverson explained th the company plans to location
put a new line up to the Airport and explained the pro-
posed location by use of a plan.
A representative from the National Historical Park
was present and said that as long as the conduit will
be underground, he had no objection.
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 conduit lo-
cation:
Bedford Airport Road, southeasterly from Lexington-
Lincoln Town Line, a distance of about 1,560
feet, --
Conduit
Bedford Airport Road, southeasterly from Lexington-
Lincoln Town Line, a distance o about 1,860
feet, --
Buried Armored Cable
Bedford Airport Road, at Marrett Street, a distance
of about 70 feet, --
Conduit
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Bedford Airport Road, at Massachusetts Avenue, a
distance of about 70 feet, --
Conduit
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 Burlington
Street.
W. Serverson, representing the Boston Edison Company,
and Mr. Richard W. Beal, 130 Burlington Street, were pre-
sent at the hearing
Notice of the hearing was mailed to the petitioners,
owners of the property listed on the petitioners' plan,
and also filed with the 6uperintendent of Public Works
Mr. Serverson explained that the petitioner would
like this pole located for guy purposes, if possible,
Mr. Beal said the pole will be directly in front
of the stonewall which is part of the landscaping of the
house, directly in front of trees and in front of a porch
he is refinishing. He said there must be another way
of guying or footing the pole and he objected to the
proposed location.
Mr. Serverson withdrew the petition and said he
would see if something else can be worked out .
M . Carroll said he would like the Board to sign
the contract between the Town and Belli Bros. , for side-
Sidewalk walk construction work, which was prepared by Mr. Legro.
Contract Upon motion duly made and seconded, it was voted
to sign the contract between the Town and Belli Bros.
in the amount of $16,323.00.
Mr . Carroll reported that he took bids on a truck
about three weeks ago and received seven bids from dif-
ferent distributors, ranging from $9,985 to $12,21.9. He
recommended purchasing a Mack truck at a price of $11,670.
which he said is the unit that came closest to the specifi-
cations.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to place an order for the purchase
of a Mack truck at the bid price of $11,670.
Mr. Carroll referred to the Woodhaven Trunk Sewer
bids and stated he. reported that C. DiMartino & Sons,
Inc . was the low bidder with a base bid of $473,806.40,
alternate #2, $478,724.60 and alternate #3, $73, 857•S0•
As he reported, this would mean, with the approval of the
Federal government awarding the basic contract. In
checking the bid of the second low bidder, J. D'Amico, Inc. ,
they found that D'Amico had made an error of $36,000 which
resulted in this being the low bid. He said this means
subject to the approval of the Federal government, the
contract ban be awarded for the entire job without request-
ing additional funds
Mr. Carroll presented a plan entitled "Plan of Land
in Lexington, Mass. ", and indicated land in the vicinity
of the sanitary land fill area owned by Cabot, Cabot &
Forbes. He pointed out the parcel which was originally
discussed to be acquired by the Town and the parcel to be
exchanged He said he had checked and found out that
Cabot, Cabot & Forbes was asking 15 a square foot for its
land, 5¢t of which would have to be paid to Reiss . He in-
dicated an area Mr. Cataldo had suggested dumping be
started and said that in his opinion, 170,000 feet at 1S$
would be expensive He said even at which Cabot, Cabot
& Forbes would have to pay Reiss is $8,000 and he thought
the Board shouli consider this on the basis of leasing
the area.
It was agreed that Mr.Carroll and Mr . Gray discuss
the subject with a representative of Cabot, Cabot & Forbes
A verbal request was received from Arthur E. Vasseur,
211. RindliWaAvenue, for abatement of a street betterment
assessment in the amount of $1,311 levied against lots Street
211-215 Rindge Avenue. betterment
Mr. Carroll explained there is a water hole on
the land and the Town has a drain easement that empties
into it. Mr. Vasseur saw him about two years ago at
a public hearing and told him at that time that the
Town did not have the right to dump water on his pro-
perty. He said a couple of days later, he found the
drain easement. He stated the Town is dumping water
into a hole which is on Mr. Vasseur's property and
whether or not theTown had the right to do so he did
not know. He reported that Mr. Vasseur wants the
pipe extended to the Arlington Reservoir and said the
pond is on his property.
Mr. Sheldon said he thought the Board should seek
legal advice
Mr. Cataldo said he understood Mr. Vasseur was
going to file a petition to have the Board fill the
area.
Mr. Carroll said he had received the petition, but
this is a private pond. He said it should be determined
whether or not the sown has the right to dump water it
there.
Mr. Cataldo said there are many situations like
this and the pond has been there for many years. He
said whether the Town has the right to dump the water
530 ,
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there or not has nothing to do with the street better-
ment assessment.
Mr. Carroll said he agreed but he did not think
it would do any harm to wait a week, and it was his
opinion that the land had been bettered by the street
Mr. Carroll agreed to report on the subject in more
detail next week.
Upon motion duly made andseconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on October 7, 1963.
A letter, copies
ies of which were sent to the Board,
was received from New England Fire Insurance Rating
Association in regard to Public and Institutional Pro-
Public and perty #104 It listed several recommendations per-
Institution- taining to the Red Cross Building, Schools, Fire Station,
al Property Police Station and Library for immediate attention, and
#104 reque-ted that the Association be notified when the re-
commendations have been completed.
It was agreed to notify each department as their
interest appears on the recommendations, and Mr . Gray
was requested to follow it through.
Mr. Charles H. Cole came into the meeting to find
out whether or not there was going to be an article in
the warrant for the November Town Meeting in regard to
a pumping station on '"orthen Road, and explained that
Article because of the Board of Appeals ' decision, Niles
Realty could not proceed. He said he would like to be
able to tell Niles that an article will be included
realizing that the Town would have to vote on it.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Special Town
Meeting to be held November 25, 1963 for the provision
of apumping station to be constructed to serve the
Niles ' building on Worthen Road.
A letter, copies of which were sent to the Board,
was received from Edwin B. Worthen, Jr. , with reference
Central to the setback of the so-called Central Block.
Block set- It was agreed to acknowledge the letter and place
back it on file for future consideration.
The Chairman read a letter from Alvin Y. Morrison,
in reply to the Board's letter of September 2L.., 1963,
relative to Lot 7A Pleasant Street which abuts his rear
property and which he had made an offer to purchase.
I
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I/ Upon motion duly made and seconded, it was voted
to sell and convey Lot 7A Pleasant Street to Mr. Morrison
for $300, plus $609.58 sewer betterment , without the Tax title
usual advertising inasmuch as the parcel would be of
no value to anyone other than the abutter.
The Clerk reported that the League of Women Voters
held an evening meeting in Estabrook Hall and questioned
payment for the custodian' s overtime services Use of hall
It was determined that the League should not be
excepted and should pay for the custodian as do all other
organizations.
Application for a Common Victualler license to do
business at the Lexington Bowladrome was received from
John Cappadona, Jr. , 114 Lake Street, Waltham. Common
Satisfactory character reference was received Victualler
from Acting Chief of Police, James F. Corr, and a
satisfactory report was also received from the Board
of Health.
Upon motion duly made and seconded, it was voted
to grant the license.
Application was received from The Premiere Perform-
ance, group for permission to use Estabrook Hall on the
I
evenings of November 1 and 2.
Upon motion duly made and seconded, it was voted Use of hall
to grant the use of the hall, subject to payment of
$10 rental fee and $3.00 per hour for custodian's
overtime services.
The Chairman read a letter from the Planning Board,
dated October 11 1963, listing five articles for the
warrant for the November Town Meeting. Articles
Upon motion duly made and seconded, it was voted
to insert the articles requested in the warrant for the
Special Town Meeting to be held November 25, 1963.
At 8:30 P.M. , Mr. Donald K. Irwin met with the
Board relative to the appointment of a Standing Building
Code Committee.
Mr. Irwin stated this is not a new idea and that Standing
he was on the committee in 1958 when work was done on Building
the Building By-Laws . He explained that at that time, Code Com-
it was the thought of the committee that there should mittee
be a continuing group to work on changes in the Build-
ing By-Laws . He said since that time, there have
been items brought up which could have been handled by
such a committee . He said his idea would be a small
but active committee aware of the trends in building
532
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The Committee would listen to proposals and after they
were screened, invite the Building Inspector, whoever #e
might be, to discuss how they might fit into the code
He said he did not know how such a committee should be
set up, but suggested not more than five members
Mr. Gray said he discussed this with Mr. Legro who
felt it would not be advisable for the Board of Selectmen
to recommend to Town Meeting that a committee be appointed
by the Board of Selectmen, but the committee itself should
be authorized by Town Meeting.
Mr. Sheldon said the Town Meeting would have to
authorize the Moderator or the Board of Selectmen to
appoint the committee.
Mr. Irwin mentioned that any changes in the code
would have to be approved by Town Meeting,
Mr. Burnell asked if a five-man committee would
be more representative, and Mr. Irwin replied he would
not want to see more than five.
Mr. Burnell said he thought a five-man Board is a
stronger board.
Mr. Charles Cole said one member might be a lawyer
because changes in the Building Code require someone tmth
a knowledge of building laws
It was also suggested that the Committee be appointed
by the Moderator, Chairman of the Board of Appeals, Chair-
man
of the Planning Boardaand Chairman of the Board of
Selectmen
Upon motion duly made and seconded, it was voted
Article to insert an article in the warrant to establish a
Standing Building Code Committee.
Messrs. Irwin and Cole retired at 8:5o P.M.
The Chairman read a letter from Mr. Legro in regard
to Raytheon v. The Commonwelalth No. 237612, Middlesex
Raytheon Superior Court.
v.Common- Upon motion duly made and seconded, it was voted
wealth to authorize Mr. Legro to sign a waiver of any interest
the Town may have in the damages awarded.
Mr. Gray referred to the subject of the Center
Playground area and reported that he had been in touch
with Mr.Spiris and said there had been some question
as to whether this land should be under the control
of the School Committee or the Board of Selectmen. It
was Mr. Spirts ' feeling that the whole general area would
not be eligible for Federal assistance except the area
in the immediate vicinity of the school construction.
He suggested that the Board call a meeting of all parties
concerned so the Public Works Department will know what
is to be done without any duplicatnn
5X3
II
Mr. Burnell said a couple of years ago, the Plan-
ning Boa-^d made a plan of the Center Playground and
had tentative approval of the Board of Selectmen. He
said he thought this should be picked up where it was
left off and make further studies.
Mr. Carroll said they should take Mr. Snow's plan
and he did not think anyone objected but he did not
think anyone definitely said this was the plan to be
followed. He said first the plan should be accepted
or modified, and at the present time , there is a defi-
nite amount of confusion between him, the Recreation
Committee and the School Committee.
Mr. Burnell suggested thtt the Board consider re-
taining Mr. Snow to carry out this program. He said
he is the one man available who was part of the original
planning and supervised the engineering of the basic
plan. He said this was going to require an individual
to carry the program to completion and he thought Mr.
Snow was that individual best qualified to do this.
Mr. Sheldon said before the Board decides whether
or not to retain Mr. Snow, he would like Mr Carroll to
come before the Board and explain the plan.
Mr. Burnell said in putting something like this to-
gether, the Board should take into consideration the
School athletic program, and the athletic program as
controlled by the Recreation Committee. He felt that
there must be a proper layout and the plan in the hands
of someone well qualified or it would slow up agreeing
on a plan for the area.
Mr. Sheldon said he did not disagree but he knows
nothing about this and was not qualified to express any
opinion. He said he would like to see the plan.
Mr. Cataldo said he would like to look at the area
physically
The Chairman suggested that Mr. Carroll, Mr. Kelly
and someone from the School Department discuss the subject
Mr. Cataldo said it should be kept by the Board of
Selectmen who should control the amount of money to be
spent.
Mr. Carroll said the plan could be studied, and the
cost to develop the entire area figured. Then the Board
could decide on how much of the plan is to be done each
year.
Mr. Cataldo said if the plan is all drawn, there
would be no necessity of having anyone else; it could
I be done in the Engineering Department.
Mr. Burnell said he did not like the idea of losing
the plan and the amount of money spent on it .
Mr. Sheldon said the first step is for Mr. Carroll
II
to familiarize himself with the plan, explain it to the
534
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Board, and then the Board could look at the plan on the
ground.
Mr. Carroll agreed to report next week.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion relative to the property at
96 Laconia Street, classification of certain clerks, it
was voted to resume the open meeting.
At 9:20 P.M. , Mr. Irving H. Mabee, Chairman of the
Planning Board, met withthe Selectmen.
Mr. Mabee said he just wanted to make sure that
the articles his Board requested will be inserted in
the warrant for the November Town Meeting.
The Chairman asked if there was a meeting of minds
on the Spring Street zoning.
Mr. Mabee replied that his Board was going to take
up Spring Street this evening
Mr. Sheldon asked if there was any hope, and Mr.
Mabee replied that he did not have the least idea what
the Board was going to do on it. He said they had a
quick glance at the loop last week, and the loop itself
cuts out about three or four acres .
Mr. Cataldo stated that the loop is seven acres
He said when the group left the meeting at the Public
Works, they were under the impression that they were
going to take care of that, but now they are not . All
the State woulddo is take enough land for the ramp.
Mr. Mabee said his Board does not like the road
layout . It makes Concord Avenue a road to feed the
so-called Industrial area if the Town rezones .
Mr. Sheldon said he thought there should be an
article in the warrant for the Special Town Meeting.
Mr. Brown said he thought the Town should proceed.
Mr. Mabee said if it is in the warrant , a new
description will have to be drawn. They would not
intend to rezone what will eventually be State Highway.
Mr. Cataldo said the article would be inserted as
the land is now. The State makes a taking prior to
November 25 and they suggested that the Town go along
with the original description.
Mr. Mabee said the Planning Board agreed to notify
them that it intended to rezone.
Mr. Cataldo said the State was well aware that the
5oa
Town is going ahead November 25 and the taking will be
of residential land.
Mr. Mabee said his Board still wants to look at it
and see what the road does to the area.
The Chairman advised Mr. Mabee of the discussion
earlier in the evening relative to the establishment of Committee
a Standing Building Code Committee.
The Chairman also advised Mr. Mabee of the dis-
cussion relative to the layout of the Center Playground
area prepared by Mr. Snow.
Mr. Mabee said his Board would like an article
authorizing appointment of a committee of five, to
be appointed by the Selectmen, Capital Expenditures
Committee, Planning Board, Appropriati-n Committee
and the Moderator for the purpose of making long range
financial studies of the Town over a five-year period,
which would need a budget of about $3,500 or $5,000.
Mr . Sheldon said he wondered if such a committee
would not infringe a little on the three existing com-
mittees. He stated the Capital Expenditures Committee
was set up because the Town felt the Appropriation
Committee was not doing long-range planning. Committee
Mr. Mabee said the Appropriation Comr,ittee looks
ahead for just one year; the Capital Expenditures
Committee is requested to look only five years and
the Planning Board is responsible for long-range
planning. He asked why not have just one committee.
Mr. Sheldon said he would be in favor of coordinating
the groups, but he was not in favor of another committee.
Mr. Mabee said he was not presenting anything to the
Board this evening, but they have been working on this
and his board would nave a more definite report later.
Mr. Cataldo said the Board would be doing well if
half the requested articles are in the warrant .
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating, or voting on matters, which, Session
if made public, might adversely affect the public
security, the financial interest of the Town or the
reputation of any person.
Following a discussion pertaining to Planning
Board personnel, Mr. Mabee retired.
After a discussion pertaining to minutes of the
Fire Commissioners, the meeting adjounred at 10:10 P.M.
A true record, Attest : �11` c
:u.41,7,1
cutive brk-,( Select
536
SELECTMEN'S MEETING
October 21, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room Town Off ice Building,
on Monday, October 21, 1963, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon
were present. Mr. Legro, Town Counsel, Mr. Carroll,
Superintendent of Public Works, Mr. Gray, Executive
Assistant, and Miss Murray, Executive Clerk, were
also present.
Mr. Legro reported that he had received two
copies of the lease of the Edison Way parking area
which was to be renewed as of July 27, 1963, but he
just received the copies back from Minot, DeBlois
Edison Way and Maddison with one change made, subject to the
parking Board 's approval. They have added Lot C-2 to Lot
lease C-i. He explained that C-2 is a snail strip of land
at the rear of the building in which F. W. Woolworth
has its lease. He indicated the area on a plan and
explained that Minot, DeBlois and Maddison want to
make sure they do not lose access rights in the event
the building is ever extended.
Upon motion duly made and seconded, it was voted
to execute the lease as presented by Mr. Legro.
Mr. Legro referred to the drain easement taken
between Skyview Road and Volunteer Way. He said
yv3'
its recorded last Friday and he had a Certificate of
Entry he would like to have executed by the Board so
Certificate he could record it. He explained it is a certa.f icate
of Entry that entry was made for the purpose of constructing
the drain on October 18, 1963.
Upon motion duly made and seconded, it was voted
to execute the Certificate of Entry presented by Mr.
Legro. All copies were taken by Mr. Legro.
Letter was received from Johnson, Clapp, Ives &
King, with copy of an order of notice issued by the
Department of Public Utilities of a hearing to be
Edison held en petition by the Boston Edison Company rela-
Hearing tive to its substation on Massachusetts Avenue.
Mr . Legro reported that he talked to Mr. Cook,
who signed the letter. He said the Boston Edison
substation has been here since 1917 and was a nonconform-
ing use Up until the 1940 's, all equipment was within
the substation. Some time in the late 40 'a, they put
some of the equipment outside. They now propose to
put some more sithilar equipment outside. In this
petition, they propose to seek exception from the
Zoning By-Law by a hearing with the Department of
Public Utilities for both the new and the old equip-
ment. He said unless the Board has some real ob-
jection, he would not attend the hearing.
Letter was received from the Standing School Build-
ing Committee requesting the Board to insert an article
in the warrant for the November 25th Town Meeting to Article
authorize the committee to retain professional services
for the preparation of final designs and specifications
and to obtain bids for remodeling certain sections of
the existing High School building in connection with
the overall program for expansion of high school
facilities.
Upon motion duly made and seconded, it was voted
to include an article in the warrant for the Special
Town Meeting, November 25, 1963, as requested by the
Standing School Building Committee.
The Chairman read a letter from the School Com-
mittee requesting the Board to insert an article in
the warrant for the November 25th Town Meeting to
authorize the Standing School Building Committee to
prepare preliminary plans and specifications for the
construction and equipping and furnishing a new ele-
mentary school building. Article
Upon motion duly made and seconded, it was voted
to include an article in the warrant for the Special
Town Meeting, November 25, 1963, as requested by the
School Committee.
The Chairman read a letter from the Planning Board
advising that the Board has decided not to present the
rezoning of Spring Street-Route 2 area at the Special
Town Meeting to be held in November Rezoning
Mr. Cataldo said Mr. Campbell was still under the
impression that the Town had to make a taking. He
said this is not so according to Mr. Carroll.
Mr. Sheldon said it seemed to him the Planning
Board is arguing about a technicality that does not
exist.
The Chairman read a letter from the Planning
Board relative to bill received from the Vine Brook
Realty Trust seeking reimbursement for the Town's
there diftthe cost of constructing Worthen Road and
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installing municipal services in the section of the road
Reimbursement in the subdivision known as Vine Brook Meadows Section
to Vine Brook Two.
Realty Trust The Planning hoard voted to recommend that the
sumcof $16,50 .59 be paid to the Vine Brook Realty
Trust as reimbursement, said payment to be made upon
completion to the satisfaction of the Superintendent
of Public Works of the required work to be done in
Worthen Road as shown on subdivision plan entitled
"Vine Brook Meadows Section Two Lexington,Mass . ",
dated June 12, 1960
Mr. Carroll said two weeks ago, he referred to a
petition for street and sewer on Hayward Avenue. The
problem was that the National Historical Park boundaries
were laid across one side of Hayward Avenue. He dis-
cussed this with Mr. Donald E. Nickerson who informed
him that at his urging, the line was brought back be-
cause he felt it would be a needless expenditure of
money to acquire the se houses . He said there will be
no extension of the park boundaries beyond the point
where they are now. Mr. Carroll said he has sent out
a petition to the people in the area.
Mr. Carroll referred to the development of the
Center Playground and presented a plan made by Mr. Snow,
dated September 16, 1960 and entitled "Proposed General
Development Plan - Central School and Recreation Area. "
Mr Carroll suggested that attention be concentrated
from now through the next four years in the development
of this area, which he indicated mn the plan, and said
he did not know of anyone better qualified to do this
than Mr. Snow. He said in a short period of time, Mr.
Snow could have a land use plan ready, and is now work-
ing with the Hayden Recreation Center on its land, and
he thought the two should tie in together . He said he
could not determine this year how much should be in
the budget . He explained Mr. Snow's idea is to plan
the use of the field and use any small areas for parking
and to eliminate Park Drive, leaving a large open area.
Mr. Cataldo asked what would be wrong now with
tearing up Park Drive to the bleachers.
Mr. Carroll replied nothing, if it is something
everyone agrees on. He said perhaps it would be a
better idea to tear it all up.
Mr. Burnell said the important thing is to get a
plan of the area and then begin to tear it up.
Mr. Carroll said this is elementary land use and
a matter of working with the School and Recreation Com-
mittees
to get the maximum use of the field.
1.
539
The Chairman asked for an estimate of the time it
would take Mr. Snow.
Mr. Carroll said strictly as a guess, he thought
a couple of weeks of work, and thought Mr. Snow could
do it in a couple of days. He recommended that Mr.
Snow work directly for the hoard of Selectmen.
Mr. Burnell recommended that Mr . Snow be invited
to meet with the Board as soon as possible.
Mr. Cataldo said Mr. Snow's classification would
have to be changed.
The Chairman said any legal help Mr. Legro has,
has to be classified as special too.
The Chairman said he would see if he could get
Mr. Snow to meet with the Board next Monday.
Mr. Arthur E. Vasseur's request for abatement of
street betterment assessment in the amount of $1,311,
levied on lots 211-215 Rindge Avenue was held over. Vasseur's
Mr. Carroll reported that he received a petition street bet-
from the residents of Rindge Avenue requesting the torment
Town to correct the situation existing on the street assessment
caused by stagnant water. He indicated the area
to which the petition referred on a plan and stated
that it is about 150 or 200 feet away from the Arling-
ton Reservoir. He said as far as he could determine,
it has always been a pond without an outlet and has
been there for a number of years. He stated there
is no question but that the water is stagnant but it
is on private land and he did not know how it concerned
the Town.
IThe Chairman asked if the Town was draining water
into it, and Mr. Carroll replied in the affirmative.
Mr. Carroll said it would cost a fantastic amount
of money to fill the pond.
The Chairman asked what the connection was between
this pond and the street betterment assessment.
Mr. Carroll said the Boerd would have to dtermine
whether or not the lots have been bettered . He said
the Board should determine whether or not the con-
struction of the street made the water hole more valuable
and as far as he was concerned, it did make the land more
valuable. If the land is filled in, houses could be
built . He said he thought a deferment was the answer.
Mr. Cataldo said Mr. Vasseur would have to pay
interest.
Upon motion duly made and seconded, it was voted
to extend the time for payment of the street betterment
asse8ament in the amount of $1,311 levied against lots
211-215 Rindge Avenue, with interest, until the lots
540
or any part thereof are built upon, sold or until the
expiration of three years from the date hereof, which-
evar event occurs first.
Mr. Carroll said he would discuss the subject of
the Town dumping water on the land with Mr. Legro .
Letter was received from Mr. C. F. Mistretta,
Chief Engineer, State Department of Public Works,
Route 2 advising that plans for that portion of Route 2 from
Route 128 to Watertown Street were reviewed with the
Town Officials on October 3, 1963, but the review did
not cover utility changes, which will be done sub-
sequently. Except for the cul-de-sac radii, which will
require a letter to the Department, the features of the
plans appear to be satisfactory and completion of the
contract plans is proceeding accordingly.
The chairman reported that Mr. Carroll had answered
the letter.
Letter was received from the Boston Edison Company
quoting provisions of General Rate "A" which applies to
Electric the Town's use of electric service.
rates Mr. Carroll explained this applied tothe pumping
station.
The Chairman read a letter from Mrs. Dorothy Pearlman,
Chairman of the Follen Hill Area Sewerage Committee,
requesting approval of a petition for sewerage in Follen
Hill area.
Mr. Carroll reported that he had received the peti-
tions back from the area with a large number of signa-
tures.
The Chairman read a letter from the Pollen Hill
Estates Association requesting the Board to post the
Town land in the area to eliminate hunting and also
Hunting inquiring if the Board intends tobuild sidewalks
on Follen Road.
Mr. Carroll reported that he put ten signs up in
Sidewalks the area last week.
Mr. Burnell asked if the time hadn't arrived when
hunting must be banned in Lexington.
The Chairman said there is a group of hunters in
Town who hunt with permission of the property owners .
Mr. Cataldo said this is something that would have
to be acted on at a Town Meeting.
The Chairman said the subject of sidewalks would
have to be discussed when the Board is considering
budgets.
1
54
A$r.Louis Carota, 24 Tarbell Avenue, met with- the
Board 'with reference to his request for abatement of a
street betterment assessed against lots 144 and 145
Tarbell Avenue which he purchased from the Town if 1955 Street
for $200. betterment
He presented his deed which was drawn with the re-
striction that no building could be erected on the
lots for a period of ninety-nine years.
Mr. Legro asked if the dwelling was bn lots 141,
142 and 10, and Mr. Carota replied in the affirmative.
The Chairman said the Board would take the matter
under consideration and let Mr. Carota know its decision.
)r. Carota retired.
The Chairman read a letter, signed by residents of
the Wdodhaven area, requesting that hunting be forbidden
Mrs. Van K. Perry, 24 Hudson Road, Mr. James Turner
and another gentleman were present.
Mrs. Perry said many of the neighbors wanted to
attend the meeting this evening to state their own Hunting
experiences. She stated that the police look around
but it never seems to do any good. The Chief told her
as long as the land owners give permission for hunting,
he automatically gives permission.
The Chairman stated that the woods are closed.
One of the men said there was shooting in the
area last evening.
The Chairman said this could be brought to the
attention of the Police Department.
Mrs . Perry said she agreed with Mr. Burnell 's remark
earlier in the evening that there should be no hunting.
One of themen said the area is thickly populated
and asked if they could have the same signs posted as
those in the Follen Hill area.
The Chairman explained that the Board can only post
Town-owned land.
Mr. Burnell said this is something for a Town Meet-
ing to decide. It came up six or seven years ago and
the hunting was restricted to where it is at present.
The hunter must obtain permission from the land owner.
One of the men said they received no permission
from dim, but hunt on his land and asked how it could
be corrected
Mr. Burnell explained they are trespassing.
Mr. Legro stated that all woods have been closed
to hunting by the State;
Mr. Sheldon suggested that the subject be discussed
with the Chief and every effort be made to help these
people.
the Chairman said he would contact the Chief to-
morrow.
MCA!
One of the men asked how this could be brought to
a Town Meeting.
The Chairman explained that they could have a
citizens ' article with ten signatures for the spring
Town Meeting or an article could be inserted in the
warrant by the Board.
Following further discussion on the subject, the
group retired at 8:40 P.M.
Mr. Cataldo said he would be in favor of issuing
an order that no more permits be signed.
It was agreed to have the Chairman contact Chief
Rycroft and direct him not to grant any more permits
for hunting and to recall any permits that may have
been issued.
Mr. Burnell said whatever is done now is a stopgap
in the real problem.
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
Executive security, the financial interest of the Town, or the
Session reputation of any person.
Following a discussion with Mr. Carroll, Super-
intendent of Public Works, relative to vacation pay
and sick leave for an employee in his department, 11upon motion duly made andseconded, it was voted to
resume the open meeting.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on October 14, as amended.
Mr. Burnell said the Board set up a Standing
Building By-Laws Committee last week and it has been
suggested to him that the Board include the Plumbing
By-Laws as part of this .
Upon motion duly made and seconded, it was voted
to amend the motion of the Board on October 14, 1963
to insert an article in the warrant for the November
Town Meeting to establish a Standing Building Code
Committee, so that the motion will be to establish a
Standing Building and Plumbing By-Laws Code Committee.
The Chairman read a letter from the Fire Com-
missioners requesting insertion of an article in the
warrant for the November Town Meeting for the appropri-
ation of $330.50 to cover the cost of relocating the
fire alarm wires at Grove Street and Route 128.
Upon motion duly made and seconded, it was voted
to grant the request and include an article in the
warrant for the Special Town Meeting, November 25, 1963.
5443
setter was received from Mr. Edwin B. Worthen, Jr. ,
withlreference to amendments to the Building By-Laws
that have not been attached to the appropri to pages. Building
He also suggested that the Building and Zoning By-Laws By-Laws
be combined.
The Board felt the suggestion was worthy of con-
sideration and Mr Gray was instructed to follow this
through.
The Chairman read a letter from Russell S. Henderson,
1.E10 Massachusetts Avenue, requesting permission to park
his ear in front of his house overnight during the winter.
Mr. Carroll said he was definitely opposed and he
did not think special permission should be given to anyone
Upon motion duly made and seconded, it was voted
to cbhy the request.
4r. Carroll retired at 9 17 P.M.
The Chairman read a letter from Mrs. William H. Lyon,
offering lots 1, and, if necessary, lots 2 and 3 on
Waltham Street to the Town for the current market value.
The Clerk reported information received from the Lyon's lots
Planting Board, this being something that Board has Waltham
IIbeen working on. Street
Mr. Burnell said if the Planning Board makes an
agreement, someone should give the Selectmen a report.
Letter was received from the Capital Expenditures
Committee asking the Board's co-operation in reporting
on at enclosed budget form information that might be Capital
helpful to the Town in its planning for the future. Expendi-
Mr. Gray was requested to follow this through and tures
report to the Board.
The Chairman read letters from Mr. Jeremiah, Wire
Inspector, and Mr. Irwin, Building Inspector, pertain- Wire In-
ing to car allowance for Mr. Jeremiah Spector
Tt was agreed that this was a subject to be eon- transpor-
sideihed when the 1961E budgets are being discussed, and tation
to request Mr. Irwin to include an item in his budget .
The Chairman read a letter from Major General
Terhe, with reference to the Community Council, re-
questing the appointment of a civilian member to the
Liaison Committee.
Upon motion duly made and seconded, it was voted
to a.point Mr. Cole, Chairman, to serve on the Liaison
Co ttee.
1
544
C-
Mr. Brown reported that General Terhune would like
to include a report in the Annual Town Report for 1963.
The Board had no objection.
The Chairman read a letter fromthe Bedford Board
participate of Selectmen invitingthe Board to in Bedford's
observance of Veterans ' Day, November 11.
The Chairman agreed to represent the Board.
The Chairman read a letter from the Town Celebrations
Invitation Committee inviting the Board to participate in observance
of UN Day, October 24.
The Chairman agreed to represent the Board.
Upon motion duly made and seconded, it was voted
Meeting to hold the Selectmen's Meeting on Wednesday, November 13,
1963, due tothe fact that Monday is alegal holiday.
Upon motion duly made and seconded, it was voted
License to deny application for a Taxi Driver license received
denied from John B. Fitzgerald, Jr. , 1843 Massachusetts Avenue,
because of the report received from Chief Ryaroft.
Mr. Gray reported that Mr. Healy, Veterans ' Agent,
made a verbal request for an additional $150 for the
observance of Veterans ' Day which he hopes will be
more of a credit to the Town than it has been in past
Transfer years .
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $150 from the Reserve Fund to the Veterans ' Day
Account .
Mr. Gray stated that on June 23, 1963, he reported
to the Board on an inventory taken of all radios owned
by Town Departments and made certain recommendations.
He said at the present time, two separate organizations
are used at the discretion of the department heads and
Radios if the Board is considering using one organization,
specifications should be prepared and bids sent out for
use in the budget.
Mr. Sheldon said the departments may have good
reasons for using the people they are.
W. Gray suggested meeting with the different
groups before budgets are discussed.
Mr. Sheldon said he thought Mr. Gray should obtain
information as to why the various departments operate
the way they do.
Mr. Burnell said, as he recalled it, the Chief
wanted to send one of his men to a police radio school.
545
r. Gray said that some time ago, the Board re-
quested a survey relative to paying police officers
for court duty on their days off. He said a survey
was made in September of this year by the Wakefield
Police Department covering 102 towns and cities of all
sizes and of the number surveyed, forty-two made some
provisions for court pay. Mr. Gray also conducted a
survey of twelve twons in the immediate area and of Off duty
these,' six made provisions for court pay. compensation
Mr. Gray recommended that the Board consider in-
cludinga sum of money in the 1964 budget to pay
Offics for time spent in court during off duty hours.
Mr. Gray reported that Lieutenant Corr covers most
of theacases. A rough guess of the amount involved
is between $1,500 and $2,000. He said if this is
something the Board wants to consider, a record could be
kept from now until budget time.
Mr. Cataldo questioned waiting until next year.
Mr. Sheldon asked where the money would come from.
Mr. Gray explained funds are available in the
Police Personal Services budget as money was appropri-
ated fOr additional men, but none have been appointed.
Mr. Sheldon said he agreed with Mr. Cataldo.
Upon motion duly made and seconded, it was voted,
subject to Town Counsel advising the Board that it is
legal, to pay police officers for time spent in court
during off duty hours on the following basis :
A. police officer who is required to appear
at District or Superior Court other than
during his regular duty shall receive the
standard witness fee which will cover the
first hour in court. After the first hour,
he shall be compensated at his regular rate.
Officers appearing during their regular duty
shift shall not be eligible for witness fee
or court pay. The Chief of Police shall be
responsible for keeping records on court
appearances.
. Cataldo referred to the Diorama at Cary Mem-
orial Library and said he did not know the exact
financial status at the present time.
Mr. Brown reported that $3400 of the $5500 has Diorama
been raised.
Mr. Cataldo said he intended to make a donation
but did not know if the other members of the Board
were interested or not. He said his thought was that
if the Board indicated interest, it might have a favor-
able reaction.
546
Mr. Burnell said he thought any contributions
should be made individually.
At 10 :07 P.M., the Planning Board met with the
Selectmen.
Mr. Mabee stated the only way his Board can
legally pay a Planner for the remainder of the year
and the first three months of next year is to have an
Article article in the warrant for theNovember Town Meeting.
He said he thought the board should go to Town Meeting
with an agreement with someone willing to accept the
position.
Mr. Burnell said in order for the Board to do
its work, it should be agreed to include an article
which if not needed could be withdrawn.
The Chairman said an article would be needed even
if the Planning Board was unable to get the specific man
they want now.
Mr. Mabee said the point he wanted to clear up
is on Spring Street . He said the Board does not have
an adequate description of the land which it would
want to rezone or purchase, and the Selectmen are in
favor of rezoning the entire area and let the State
make the takings before the rezoning.
The Chairman said that at the last Town Meeting
the Planning Board had this land parcelled out and
asked if there was a change now.
Mr. Mabee replied that they do not know; it cuts
through the on and off ramps .
Mr. Cataldo stated that the Commonwealth will
make the takings before Town Meeting.
Mr. Mabee reported that the Department of Public
Works had been contacted today. They have completed
the drawings andsent them to the Bureau of Public Roads
and if they are not returned by November 15, they cannot
do anything and the Town would then be in a position of
rezoning the land.
Mr. Cataldo explained that Mr. John Gardner, of the
Department of Public Works, advised the Board to pro-
ceed with the rezoning and the State would make the
takings, that the State would be responsible for the
takings.
Mr. Mabee reported that the buffer land the Plan-
ning Board hopes to acquire actually is owned by a
party who has had some of the land taken by the State
and there is legal action still going on concerning
the amount this party will get from the State. He
said the Town might be better off dollarwise if the
land can be purchased rather than to take it.
547
Mr. aheldon asked if he was still talking buffer
zone, and Mr. Mabee replied in the affirmative.
The Chairman reminded the group that the warraht
close$ this evening.
'. Mabee said the Planning Board would want to
present the rezoning and the buffer at the same time.
Mr. Sheldon inquired about the chances of having
this ready for the spring Town Meeting.
4r. Cataldo said he would like to see this done,
but would like to see it done right.
Mr. Mabee said the Planning Board would rather
put this off regardless of what the State says.
Mr. Sheldon said apparently the Planning Board
feels both things should be done together.
The meeting adjourned at 10:30 P.M.
A true record, Attest :
E,�ec iv ler , Sele�n
11) 66‘fri-1-1j
1
548 ,,,
c.
SELECTMEN'S MEETING
October 28, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, October 28, 1963, at 7 :30 P.M. Chairman Cole,
Messrs. Brown, Burnell and Cataldo were present. Mr.
Legro, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present .
Miss Mary R. McDonough, Assistant TownClerk, met
with the Board for the drawing of three jurors. The
Jurors following individuals were drawn for jury duty: William A.
Stierli, 18 Hudson Road, James P. Stone, l42 Follen Road,
and Russel B. Wight, 3 Burnham Road.
Miss McDonough retired.
Mr. W. S. Couette, Jr. , met with the Board and stated
"this is to do with the Boston Beal Estate Board". He
Dirt for read a letter with reference to a planter asking each
real estate council president and director to go to their respective
planter Boards of Selectmen and ask for a handful of land, and
said by that he meant a handful of dirt from the Common
which is to go along with the theme under all real
estate is the earth.
The Board had no objection, and the Chairman sug-
gested that Mr. Couette contact Mr Mazerall.
Mr. Couette retired.
Mr. Legro went over the articles for the warrant
of the Special Town Meeting to be held on November .25,
1963.
Articles It was agreed to hold the following items over
until the Annual Town Meeting in March
1. Central Block building line
2. Exchange of land with Cabot, Cabot & Forbes.
3. Relocation of Pelham Road and possible
extension 936 Bennington Road.
4. Acquisiticn of Palladino land, rear of
Spencer Street, bordering Great Meadows.
5. Change name of section of Alcott Road to
Holmes Road .
6 . Acceptance of Chapter 139 (Ballot)
Upon motion duly made and seconded, _it was voted
Executive to go into executive session for the purpose of dis-
Session cussing, deliberating or voting on matters, which, if
549
IImade public, might adversely affect the public security,
the financial interest ofthe Town, or the reputation of
any person.
Following a discussion pertaining to legal matters,
it was voted to resume the open meeting.
M . Legro retired at 9 :50 P.M.
Mr. Carroll presented each member of the Board with
a copy of the report of the committee appointed to in-
vestigate the problem of garbage collection.
Mr. Carroll said that in studying the cost records
of other towns, in order to get satisfactory garbage Garbage
collection, the Town would have to pay something in the
vicinity of $2.00 per capita
The Chairman said the Board would like an opportunity
to study the report.
Mr. Carroll said that two members of the committee
were present, and one of them said they did discuss a
little the subject of rubbish collection, but the report
is entirely about the collection of garbage which was
what the Board wanted.
One of the gentlemen referred to the figure of
II
$60,000 on the second page of the report and said his
concern was that this figure be as closely what it should
be as it can be made.
The Chairman stated that the Board did not want
to get into a discussion as tothe merits until int has had
an opportunity to digest the report.
Mr. Carroll retired at 8:55 P.M
Mr. Sutherland, 31 Bartlett Avenue, Messrs. Wilson
and Lawless met with the Board.
Mr. Sutherland requested the appointment to discuss
conditions existing on property owned by Mr.Joseph A. Complaint
Goodwin and located at 9 Pearl Street. He presented
snapshots taken of the dwelling on fire July 6, 1963
and ne taken last Saturday
he Chairman read a report received from the Build-
ing nspector and also read a letter the Inspector had
written to Mr. Goodwin.
$r. Sutherland said he has lived in Lexington Only
a year, and his main concern is the fire hazard. He
stated he had contacted the Building Inspector and the
Fire Department but nothing was done. He stated that
they are refrigerators in the yard, but disengaged.
The Chairman said the Board would take the matter
II
I
550
`r4
J
under advisement, check with the Building Inspector and
advise Mr. Sutherland.
Mr. Lawlessreported that there are nine junk cars,
broken glass and a sewing machine in the yard.
W. Wilson said he has lived in Lexington only
four months and it is an eyesore from where he lives.
The Chairman said the Board would let him know
what it is doing.
The group retired at 9:10 P.M.
The Chairman said he would direct the Building
Inspector to proceed withall dispatch to correct the
situation.
Mr. Burnell said he drove by Lincoln Street and
Marrett Road and there is a big platform that appears
to be set up on cement blocks. He said it would be
a terrible thing if the blocks were knocked off
Carriage Mr. Brown explained this is the old canopy and he
House thought it was going to be taken out .
Mr. Burnell said it should be taken down to
ground level.
The Chairman suggested that Mr. Irwin be requested
to write another letter to see if this can be taken
care of.
Further consideration was given to Mr. Louis
Street Carota's request for abatement of a street betterment
betterment assessment levied against lots 11114. and 145 Tarbell Avenue.
The Board felt that the property has been bettered and
that an abatement was #ot justified. It was therefore
voted to deny Mr Carota's request.
Upon motion duly made and seconded, it was voted
to grant requests received from the Boston Edison Company
Petitions and the New England Telephone and Telegraph Company for
withdrawn "leave to withdraw" j/o petitions dated September 12,
1963, relocating one pole on the northwesterly side of
Baker A enue, and installation of one pole on the north-
westerly side of Burlington Street .
The Chairmanread a letter from Mrs . Ely, 2 Aerial
Street, complaining about burning leaves which she
Complaint claimed polluted the air.
It was agreed to acknowledge the letter and request
the Fire Commissioners to limit the issuance of permits
for burning.
Another letter was received fromMr. Jack L. Mitchell
Complaint 16 Peachtree Road, concerning the property at 334 Woburn
Street.
551
It was agreed to request an opinion from the Building
Inspector and the Planning Board.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on October 22, 1963.
Notice of hearing was received from the Department
of Public Utilities to be held Thursday, October 31, Curtailment
1963, at Room 166, State House, in regard to the pro- of bus
posed service curtailment of the Middlesex and Boston service
Street Railway Company, to become effective November la., 1963.
A letter of explanation was received from the
Middlesex and Boston Street Railway Company and two
letters in protest were also received.
It was agreed to send the Department of Public
Utilities a letter of protest and to instruct Mr.
Gray to attend the hearing.
Upon motion duly made and seconded, it was voted
to amend the regulations governing the use of Cary Mem- Use of hall
orial Hall and Estabrook Hall and to adopt the amended
regulations, effective October 28, 1963, in the follow-
ing form:
REGULATIONS FOR USE OF CARY MEMORIAL BUILDING
FREE
1. Official or customary events of any Town
Department.
2. Elections or emergencies .
3. Such occasions as are authorized by Town
Meeting vote
4. Events and meetings open to the public to
which no admission is charged and/or no
goods offered for sale, and are sponsored
by a Lexington organization or group of
residents of Lexington - all subject to the
approval of the Board of Selectmen.
5. One rehearsal for any event for which the
hall isesngaged.
$35.00 MAINTENANCE FEE
All events not listed in the above cate-
gories involving local residents or
organizations using the premises for a
prof it .
552
C
$100.00 MAINTENANCE FEE
All events not listed in the above categories
involving out of town residents or organizations
using the premises for a profit.
REGULATIONS FOR USE OF ESTABROOK HALL
Same regulations as above.
$10,00 MAINTENANCE FEE
All events not listed in the above categories
involving local residents or organizations
using the premises for a profit.
$50.00 MAINTENANCE FEE
All events not listed in the above categories
involving out of Town residents or organizations
using the premises for a profit.
Adopted October 28, 1963
Mr. Cataldo suggested that a new sign designating
Sign the Town Offices be erected more in keeping with the
newly painted buildings.
Upon motion duly made and seconded, it was voted
Cert. of to certify the character of Calvin Sing, 10 Glen Road,
Inc. who has applied to the Secretary of the Commonwealth
for a Certificate of Incorporation, satisfactory refer-
ences having been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to grant James S. Mellen, 129 Somerset Street, Somerville,
Use of hall permission to conduct an Antiques Show in Cary Memorial
Hall on September 17 and 18, 1964, subject to a charge
of $100 per day, plus custodian's overtime services at
$3.00 per hour.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
Raymond H. Garcelon, Jr. Intelligence Office 21A Muzzey St.
David C. Warren Taxi Driver
Ir P• G?
Upon motion duly made and seconded, it was voted
to sign an order for the construction of a bituminous Sidewalk
concrete sidewalk 594 feet at the Josiah Willard Hayden Order
Recreation Centre on the southerly side of Lincoln
Street.
The Chairman read a letter from Mr. Wm. Roger Greeley,
relative to planting trees in the wooded area of Tower Tower Park
Park. The Board had no objection and suggested that Mr.
Greeley contact Mr. Paul Mazerall.
Mr. Brown read a letter he received from Perry D
Lord relative to the proposed Building and Plumbing
By-Law Committee, stating he would be willing to serve Committee
on the committee as this is a subject about which he
feels very strongly.
Mr. Brown read a letter he received from Mrs.
Maureen A. Walsh, Art Teacher at the Maria Hastings
School, requesting permission to display four life-size Permit
plywood children signing carols in front of Cary Mem-
orial Building during the Christmas holiday season.
The Board had no objection.
At 9:55 P.M. , Messrs. Legro, John Carroll and
Snow met with the Board
The Chairman stated that a suggestion had been
made that Mr. Snow would be the man to see that the
center playground area is developed in the proper
manner, or at least to work on it. He said some
decision has to be made as tohow this should be
started.
Mr. Snow said there is a program prepared by the
School Committee and the Recreation Committee for what
they want, but in a very crude form. They have certain
physical requirements but no organization of these re- Center play-
quirements. ground area
The Chairman asked if it was Mr. Snow's idea to
keep an area, which he indicated on a plan, open, and
Mr. Snow replied in the affirnive.
Mr. Cataldo explained that the Board thought Mr.
Snow would get the best use of the land, taking into
consideration their requirements, if it is at all
possible.
Mr. Snow said this could be done in a preliminary
way and then presented to the parties involved to see
whether or not it would be satisfactory.
The Chairman said the suggestion has been made that
the Board engage Mr.Snow as a consultant to further this
program.
aa4
attC-
Mr. Cataldo explained he would not only be a con-
sultant but he would lay this out.
Mr. Burnell said there are no records that the
Boards approved this plan.
Mr. Snow stated that the Planning Bead, the Recre-
ation and School Committees met in the Planning Board's
Office in September, 1960 to review the plan. It was
the consensus of those present that the overall scheme shown
on the plan met School, Recreation and general Town needs .
He said that the Appropriation Committee transferred the
money to the Planning Board account to employ assistants
to help him during the summer of 1960 to prepare the plan.
Mr. Burnell said the Board of Selectmen is not on
record as being in favor of this.
Mr. Snow explained that the fact Worthen Road was
laid out was conclusive that this was it.
Mr. Brown asked how large a project Mr. Snow thought
it would be to lay out this side of Worthen Road.
Mr. Snow replied that if Mr. Carroll could give him
a plan showing the High School and all the new buildings
located on it, the parking area, the boundaries and the
proper scale, he judged the total consultant time would
be a full two weeks . He said it would involve at least
eighty hours to do this. He said this was only because
he has worked on it previously.
Mr. Burnell asked if he would do this on the basis
of an hourly rate.
Mr . Snow said it could be on ah hourly rate, the
Board setting a ceiling, or a lump sum.
Mr. Burnell asked if Mr. Snow had an hourly rate,
and he replied $10.
Mr. Cataldo said they were talking $800.
Mr. Snow said that was correct and asked about the
timing.
Mr. Cataldo said the Board needs this for budget
purposes to begin with.
Mr. Brown said a decision would have to be made as
to how much is to be done first.
Mr. Burnell said the fact is, the Board would like
this pinned down a little tighter than it is now.
Mr. Snow said he would need from Mr. Carroll the
boundary lines, kkere the tree grouping is, and the indi-
vidual trees that would affect the design.
Mr. Cataldo stated that there are a few basic things
that would be needed for next year.
Mr. Snow said he had not been told about this .
Mr. Cataldo explained that Mr. Carroll plans to cut
down some trees.
Mr. Snow said Mr. Carroll could put on what is to
be retained. '
555
Mr. Burnell said Mr. Carroll has some ideas about
parking areas.
Mr. Carroll said he went over this and Mr. Snow should
receive the information he needs. He said there would be
no problem. He also advised that there is money available.
Mr. Burnell asked if he had enough money, and Mr.
Carroll replied in the affirmative.
Mr. Snow informed the Board that he could not touch
this after the fifteenth of December.
Mr. Cataldo said the Board would prefer to have it
done sooner.
Mr. Carroll advised that it would take two weeks to
give Mr Snow the plan.
Mr. Snow said he would have to have at least a
month total overall time.
Mr. Brown said if he received Mr. Carroll's plan
in two weeks ' time, that would be just about a month.
Mr. Carroll said he might get the plan to Mr.
Snow in less time than that.
W. Snow asked for whom he would be working.
Mr. Cataldo said the Board would like to get
everyone 's ideas together and get the final approval
from the Selectmen
Mr. Carroll asked whom Mr. Snow should contact in
the School Department, and Mr. Cataldo suggested that he
contact Mr. Spiris and ask who should be contacted.
It was agreed that the Chairman should send a letter
to the School Committee and the Recreation Committee and
ask them to designate a mbmber of their respective com-
mittees whom Mr. Snow should contact.
Upon motion duly made and seconded, it was voted
to engage Mr. Snow as a consultant to lay out the
central playground area for the lump sum of $800.00.
Upon motion duly made and seconded, it was voted
to classify Mr. Snow as a Special Town Employee, under
the Conflict of Interest Law.
It was agreed to hold a regular Selectmen's Meeting
at 7 :00 P.M. on Monday, November 25, 1963, the night of Meeting
the Special Town Meeting.
The meeting adjourned at 10:25 P.M.
A true record, Attest:
4 / R
ic ive le e. elpiert
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SELECTMEN'S MEETING '
November 4, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, November 4, 1963, at 7:30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon
were present . Mr.Legro, Town Counsel, Mr. Gray,
Executive Assistant, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present.
Mr. Legro made a brief report regarding tax title
lot 118 Cary Avenue. A deed was executed at the
Tax title last meeting of the Board conveying this lot to
Charles H. Sweeney, Jr. Mr. Legro stated that Mr.
Sweeney had paid the 1962 and 1963 real estate taxes
and said the deed would go on record.
Upon motion duly' made and seconded, it was voted
Warrant to sign the warrant for the Special Town Meeting to
be held Monday, November 25, 1963.
Mr. Carroll said he had an item having to do with '
the construction of Lowell Street near East Street.
In the process of laying out and designing this particu-
lar section, which he indicated on a plan, now under
contract to Coletti, they found that there is a large
Lowell Street dip on the road approximately 500 feet from East Street
drainage He said t'le only way the water can get out of the dip
is to put it into the low area, land owned by Semonian
The original design by Metcalf & Eddy in 1930 showed the
same solution to this drainage problem He stated that
the problem cannot be solved by raising the street , and
Mr. Semonian does not life the proposed solution. Mr.
Carroll said that for the time being, he had advised
the contractor that he will break off the end of this
pipe. He said he did think the Town should take what-
ever rights it feels are necessary to insure that it is
able to dump water onto this property. He explained
that the water would get away down through Semonian' s
property to Ridge Road which he said was a natural course
for the water He recommended that no piping be done at
the present time and stated this is a low swampy area
He stated that all that would be done would be to channel
the water.
I
' The Chairman asked if the Town had the right to flood
private property, and Mr. Canxoll replied that he did not
think the Town would be flooding the property.
Mr. Brown said Semonian is now picking up a quantity
of water from the existing Lowell Street.
The Chairman asked if Mr. Carroll contended that it
would be a natural flow.
Mr. Carroll replied in the negative.
Mr. Robert Sherman, who lives on Ridge Road, said
that the more water the Town put in here, the more water
would run into the brook through his property. He said
the land is low and will not take any more water
Mr. Carrcll explained that to get the water all the
way to Vine Brook would involve an expenditure of between
$20;000 and $30,000.
The Chairman said he would like to look at the area.
Mr. Cataldo said if the pipe is bricked up, the
condition would not be any different than it has been
for years.
The conclusion was that the members of the Board
should inspect the area.
The Chairman read a letter from Allen C. Smith,
5 Forest Street, requesting the installation of curbing
on the northerly side of Forest Street from Waltham
Street to Muzzey Street. Curbing
Mr. Carroll reported that Mr. Smith talked to him
on the telephone after he wrote the letter. Mr. Carroll
said except for the appearance of the property, he did
not think there is a need for curbing. He said the
telephone company would seed the area between the side-
walk and the street where the conduit has been placed.
He said he did not think granite curbing should be in-
stalled unless it was done under betterment and bitumi-
nous curbing should not be installed because it would
be establishing a precedent and numberous similar requests
would be received from the neighbors. He said he would
prefer to see the area grassed and left the way it was
and he would go along with granite curbing only under
betterment. He explained that the Town has been putting
bituminous curbing in free wherever there was a need.
Mr. Burnell suggested that the Board advise Mr. Smith
that it would be the Board' s intention to install the
curbing only if he was interested in paying for the curling.
Mr. Cataldo said granite curbing would cost between
$440 and $5DO a foot installed.
Mr. Carroll questioned whether curbing could be in-
stalled under betterment .
558, 4
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Mr. Sheldon said he did not think Mr. Smith wanted
to pay anything.
Mr. Burnell said the Town is not ready to put granite
curbing on this street.
Mr. Legro advised against installing a curbing under
betterment.
Mr. Carroll said that once the area is loamed and
seeded, he thought it would be all right.
Upon motion duly made and seconded, it was voted
to tell Mr. Smith that it will not be possible to
grant his request for the installation of the curbing
and that the area will be loamed and seeded by the tele-
phone company.
The Chairman read a letter, signed by Charles F.
Hutchinson, Philip Gallagher, Jr. , and Warren W. Fox,
stated that the proposed land takings connected with
the widening and relocation of Spring Street and the
Route 2 overpass affect them adversely and, they felt,
unnecessarily. They contended that the properties of
Nos. 163-165-166 Spring Street ha*e more than adequate
frontage to accommodate the desired widening and they
asked the Board, if this request appeared reasonable,
to request the State to consider a change.
The Chairman asked if Mr. Carroll suggested that
the Board write the State and ask to have the road
changed.
Mr. Carroll replied that it would not do any harm,
but the Board has already told the State it approved
the plans. He said he has talked to Jack Gardner who
told him the State has gone into design on this.
Mr. Burnell asked how much property the State was
taking from Mr. Gallagher, and Mr. Carroll replied 25
feet at one end and almost 55 feet on the other end.
Mr. Burnell asked if he would be able to maintain
his home, and Mr. Carroll replied that is what the
State intends .
The Chairman asked if the Board wanted to send
the State a letter asking if it could alleviate the
problem.
Mr. Burnell said he thought this is the only just
action the Board can take.
The Chairman read a litter from J. D'Amico Incorpo-
rated in regard to the Woodhaven Trunk Sewer Project,
Woodhaven on which they were low bidder, which has not been awarded.
sewer con- Mr. Carroll explained that thelast step the Town
tract has to take with the State Department of Health has been
559
taken and he hopes to get word by next Wednesday so the
Board can make the award at that time.
The Chairman said he would advise D'Amico that the
Board is proceeding with all possible dispatch.
The Chairman read a memo from Mrs. Rose E. Complaint
Steinhauser, 9 Lexington Avenue, complaining about the re Lexing-
construction work done on the street . ton Avenue
Mr. Carroll reported that he has looked at the
catchbasin problem. He also looked at the street and
there are some minor problems. He said as far as he
could see, the work was done very well. He recalled
that this was a paved street and the people did not want
to petition to have it accepted. This was initiated by
an agreement by the Town to acquire all the Tower Estates'
land and he believed acceptance was recommended by Mr.
Stevens.
It was agreed to advise Mrs . Steinhauser that the
Board will investigate the matter.
Upon motion duly made and seconded, it was voted
to grant a petition and sign an order for the installation
of two poles in Lillian Road, northwesterly from a point Pole
approximately 385 feet southwest of Anthony Road, the locations
proposed locations having been approved by Mr. Carroll.
The Chairman read a letter from Mr. Edward Cataldo
with reference to furnishing water to lots 402 and 404
on Lincoln Street.
Mr. Carroll said he did not think it wise for the
Board to start putting in water mains, even though the
money is available, at any time unless it is appropri-
ated and discussed ahead of time. He said he felt the Water
same way abort installation of sewer mains. He also service
said he does not like the idea of long services . How-
ever, because of this particular situation, he felt if
the Town did construct a temporary water service to
take care of both houses, Mr. Cataldo could pay for the
entire cost, and if the Town installed a main next year,
coming out straight, he should agree, if the Town did
not appropriate funds, to pay the cost of something in
the vicinity of $1,000.
Upon motion duly made and seconded, it was voted
to permit the installaticn of a temporary water service,
providing Mr. Cataldo petitions for the installation of
a water main in 1964, and that he agrees to pay for the
installation of said main if the Town does not appropri-
ate the necessary funds.
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Upon motion duly made and seconded, it was voted
to grant a permit to Porter & Desmond to move a house
from 10 Pilgrim hoed, Arlington, to Lincoln Street ,
Permit subject to the usual provisions.
The Chairman read a letter from Mr. Roland B.
Greeley, with reference to so-called Lot B of the
Lot B Meagherville School Site.
Meagher- Mr. Gray was instructed to follow through on Mr.
ville Greeley's suggestion.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on October 28, 1963.
The Chairman read a report from Mr. Irwin in regard
to the platform at the site of the former Carriage House
Restaurant.
Mr Burnell said he thought the liability would be
Platform on the owner of the land.
Lincoln Mr. Car_•oll explained that Mr. Irwin knows the
Street people he is dealing with and is trying to be practical.
Mr. Burnell suggested that the matter be referred
to Town Counsel, but the Chairman felt that the Board
should resolve it without turning it over to Town Counsel
Mr. Burnell said he did not think the Town should
move the platform. He suggested that the matter be re-
ferred to Mr. Gray who may have to work with Mr. Irwin
or Mr. Legro.
The Chairman read aletter from Mr. Irwin in regard
to property at 33I. Woburn Street and Mr. Jack Mitchell's
letter of October 21, 1963.
Complaint It was agreed to defer action until receipt of a
report from the Planning Board.
Upon motion duly made and seconded, it was voted
Cert.of Inc to certify the character of Lewis B. Klebanoff, L.
Marlboro Road, who has applied to the State for a Certi-
ficate of Incorporation .
Letter was received from the Appropriation Committee
advising that the Board' s request for a transfer of $150
Memorial & for Veterans ' Day Expenses was denied, the Committee
Veterans ' ;determining that it was not an emergency.
Days The Chairman suggested that Veterans' Day and
Memorial Day Observances be included in the Town Cele-
brations Committee budget. Mr. Gray was requested
to obtain information as to the origin of Memorial and
Veterans ' Days .
561
Upon motion duly made and seconded, it was voted
to grant permission to the Simon W. Robinson Lodge, Use of hall
A.F. & A.M. to hold a dinner and dance in Cary Memorial
Hall on Saturday, May 9, 1964, subject to a charge of
$35.00, plus a fee of $3.00 per hour for janitor!:s
overtime services.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to William G. Converse,
40 North Hancock Street, satisfactory references having License
been received from Chief Rycroft.
Upon motion duly made and seconded, it was voted
to renew Lexington Liquor Mart' s Package Goods Store
license subject to approval of the .Alcoholic Beverages License
Control Commission.
Invitation was received from the State Director of
Civil Defense to attend dedication ceremonies of the Invitation
Emergency Operating Center in Framingham on November 16,
1963, at 10:00 A.M.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in
Moreland Avenue from 310 feet, more or less, southwest Sewer Order
of Davis Road to 385 feet, more or less, southwest of
Davis Road. (See Selectmen 's files - Sewer Orders 1963)
Mr. Cataldo inquired as to how many 1964 budgets
had been submitted to the Board and Mr. Gray reported
he had received ten. Budgets
The Chairman said he would like to send a letter
requesting that all budgets, which were due November 1,
be submitted immediately.
The Chairman read a letter from the Board of Fire
Commissioners with reference to injuries sustained by
Private DeVenezio and Private McIver. The Commissioners
have not provided for medical bills in their budget and
asked if the bills would be paid by the Selectmen or if Fire Depart-
they should request a transfer of funds . ment medical
Mr. Carroll asked if the men were covered by Work- bills
men' s Compensation, and Mr. Sheldon replied that he did
not think the firemen were covered. He stated that
during his term on the Board of Fire Commissioners,
they always paid the men 's medical bills.
Mr. Burnell suLgested that this be referred to Mr.
Gray to check.
Mr. Gray suugested that all insurance policies be
562
placed under the care of the Executive Assistant to
the Board.
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 meeting adjourned at 10:20 P.M.
A true record, Attest :
,— a ver 7.; �%, Selectm: .
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560
SELECTMEN'S MEETING
November 13, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Wednesday, November 13, 1963, at 7:30 P.M. Chairman
Cole, Messrs. Brown, Cataldo, Burnell and Sheldon were
present. Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, 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 Pole
Preston Road. locations
Mr. Serverson, representing the Boston Edison Com-
pany, and Mr. Dunn, representing the New England Tele-
phone and Telegraph Company, were present at the hearing.
Notice of the hearing was mailed to the petitioners,
owners of property listed on the petitioners ' plans,
and also filed withthe Superintendent of Public Works .
Mr. Serverson stated that the pole on the westerly
side is in need of replacement and the petitioners would
like to move it away from its present location closer
to the lot line.
No one appeared in favor or in opposition.
Mr. Serverson referred to the proposed location on
the northerly side and said there is a span now of about
210 feet and the wires are low. They intend to pick up
the slack and locate the pole on the property line.
The hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing i/o pole locations :
Preston Road, westerly side, opposite Nichols Road, --
One (1) pole.
Preston Road, northerly side, approximately 240 feet
west of Blake Road, --
One (1 ) pole. -
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and Pole
Telegraph Company for permission to locate one pole on location
Cedar Street.
564
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Mr. Serverson, representing the Boston Edison Com-
pany, and Mr. Dunn, representing the New England Tele-
phone and Telegraph Company, were present at the hearing.
Notice of the hearing was mailed to the petitioners,
owners of property listed on the petitioners ' plan and
also filed withthe Superintendent of Public Works.
Mr. Serverson explained that the intention is to
move the pole about eighteen feet over to the lot line
for better access to a driveway.
No one spoke in opposition. One individual, who
did not give his name, appeared to be in favor. 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 j/o pole location:
Cedar Street, easterly side, approximately 500 feet
north of Massachusetts Avenue, --
One (1) pole
(One existing JO pole to be removed. )
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one
pole, guy wire and anchor on Marrett Road.
Notice of the hearing was mailed to the peti-
tioner, owners of the property as listed on the peti-
tioners plan and also filed with the Superintendent
of Public Works .
Pole Mr . Serverson explained the proposed location is
location on the other side of Route 128 to service a yellow
flashing beacon in the middle of the dividing strip.
No one spoke in favor or in opposition, and 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, guy wire and anchor location:
Marrett Road, southerly side, approximately 930 feet
east of Massachusetts Avenue, --
One (1) pole, guy wire and anchor
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one pole
on Massachusetts Avenue
Notice of the hearing was mailed to the petitioner,
owners of the property as listed on the petitioner's
plan and also filed with the Superintendent of Public
Works .
5135
Mr. Serverson explained the proposed locatinn is
for a light opposite the Fire Station
No one spoke in favor or in opposition, and 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
Massachusetts Avenue , easterly side, opposite Locust
Avenue, --
One (1) pole
Messrs. Serverson and Dunn retired.
Mr. Carroll reported that he received today verbal
approvement from the Federal govern ment relative to
awarding the contract for the Woodhaven sewer to J. D'Amico
in the amount of $530,810, and he recommended that the con-
tract be awarded.
The Chairman asked if the award could be made before
receiving a letter of approval. Woodhaven
Mr. Carroll replied he has the approval and the Sewer
contract has to be awarded this evening because the Contract
thirty day period has expired However, the Chairman
pointed out that the Board has until its next meeting,
November 18, and suggested that the Board make the award
subject to receipt of written approval.
Upon motion duly made and seconded, it was voted
to award the Woodhaven Trunk Sewer contract to J. D'Amico
Incorporated in the amount of $530,810.00, subject to
receipt of written approval from the Federal Government.
At 7:50 P.M. , Mr. Robert Rushton met with the Board. Water -
Mr. Carroll presented a plan and stated that Mr. Rushton
Rushton had purchased the Cronier place approximately Marrett Street
1,000 feet off Marrett Street . There is no water, and
the well has run dry. Mr. Huai-ton is rebuilding the
4t• house and the nearest water main is located on Wood Street
and that is about 200 or 300 feet away from Mr. Rushton's
property. Mr. Rushton has asked to connect to this
main. He went to the United States Government and Mr.
Carroll received a call last week and was told they
would be willing to allow Mr. Rushton to connect, with
the understanding that the Town would bill him for the
water and would deduct the amount of his bills from the
amount of the Air r'orce bills. He said this is where
the matter stands now.
The Chairman said there would be a meter installed
between Mr. Rushton's service and the Air Force.
which is 700 or 800 feet away He explained that the
Air Force 8" water main comes in from Wood Street and
566 �a
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Mr. Rushton said he had the equipment to do all the
digging, but he would have to hire the Town or someone
in the business to tap the main. He said the house is
old and he is plastering and bricking it.
Mr. Sheldon asked if it was occupied, and Mr. Rushton
replied in the negative. He said he is renting and has
to have permission before the frost gets into the ground
Mr. Rushton mentioned an easement for utilities and
said there is a stone wall and ledge cropping up. The
Government wanted to build a driveway along the wall but
Mr Schumaker refused to sell He said he personally
talked to him, but he refused He said he would try
to connect up when the development is in there . He
said he was under the impression the well was adequate,
but it is not
The Chairman said the Board would take the matter
under advisement .
Mr. Burnell asked if there wa, any objection to
Mr. Rushton doing part of the work, and Mr. Carroll replied
that if the Board agrees, he had no objection.
Mr. Rushton said he would put in whatever the Town
requires and there will be no cost to the Town.
Mr. Rushton retired at 8:45 P.M.
The subject was discussed further later in the
evening in Executive Session
i? , d A.L , . .i
.Mr. and Mrs. Semonian, Lowell Street, met with the Board.
Mr. Carroll reported that he had talked to Mr. Legro
on the subject of Lowell Street drainage.
Mr. Legro said he had no comment.
Mr. Carroll said he did not think the Board had suf-
ficient information at the present time to arrive at a
decision. He reported that he had talked to Mr. Semonian
today and told him he thought something could be worked
out between him and the Town to determine the most effect-
ive place to put the drain.
Mr. Carroll explained that Mr. Legro and he have been
so busy on other problems they have not been able to get
together.
The Chairman asked if Mr . Carroll was suggesting
that the Board hold the subject over until he had an
opportunity to discuss it with Mr.Legro.
Lowell Mr. Semonian said he thought the subject would come
Street up this evening in greater detail, but not knowing what
drainage the details are, he would wait until further information
is obtained.
Mr. and Mrs. Semonian retired at 8:S3 P.M.
The subject was discussed further later in the
evening in Executive Session
567
Memo received from Mrs . Rose E. Steinhauser, 9 Lex-
ington Avenue, relative to a street betterment assess-
ment in the amount of 4762.30, was held over from the
last meeting.
Mr. Carroll reported that he had looked at the
street and could not see anything radically wrong, but
would be glad to contact Mrs. Steinhauser and see ex-
actly what her problem is .
It was agreed to have Mr Carroll contact Mrs .
Steinhauser.
The Chairman read a letter from Mr. Anthony Sperduto,
8 Diana Lane, inquiring about rates charged for con-
struction of Diana Lane .
Mr. Carroll said the problem here is unusual. He
drew a rough sketch of Diana Lane and said that one
section of Diana Lane was supposed to be the access onto
Hill Street from the subdivision that Mr . McConchie built.
He came in from Hill .treet and found out that the
gentleman who lived in the corner house owned the fee
to the center of the street and actually stopped Mr.
McConchie from building on his half of the street. Mr.
Carroll said this went to court and the subdivision was
stopped. He explained tilat water and drainage was put
in the other side of the street and the pavement was
put in on that side. When it came to accepting the
street, there was a pavement not wide enough. He said
it was necessary to do full construction for a section
of the street and partial construction for the remainder
of the street This accounts for the differential in Diana Lane
the assessments . He said at the time it was felt, in
fairness to all the owners, some distinguishment should
be made between the various property owners.
The Chairman asked if Mr. Sperdutp was living there
at the time, and Mr. Carroll replied in the negative.
The Chairman asked if Mr. Carroll had explained this
to Mr . Sperdutp, and he replied that Mr. Higgins had
talked to him, but apparently he was not satisfied with
Mr. Higgins ' explanation.
Mr. Cataldo asked if Mr. Sperdutg purchased the
house, and Mr. Brown stated the road was put in after
he purchased the house.
Mr. Cataldo asked if he knew the amount of work
done, and Mr. Brown replied in the affirmative .
Mr. Carroll said he would contact Mr. Sperdutp
personally and try to explain the situation.
Upon motion duly made and seconded, it was voted
to execute an Agreement with the State Department of
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568 iNn
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Public Works relative to the construction of Massachu-
setts Avenue under Chapter 90.
Mr. Carroll had explained to the Board that in
effect the agreement holds the Town's Chapter 90 al-
lotment with the State
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on November 4, 1963.
Letter was received from the Planning Board with
reference to the property at 334 Woburn Street, about
which Mr. Jack Mitchell, 16 Peachtree Road, wrote to
the Board.
Mr. Cataldo, referring to a difference of opinions
as expressed by the Building Inspector and the Planning
Board, asked whose opinion the Board was going to abide
by. He stated that the Building Inspector is the en-
forcing officer, and, of the two, he thought the Board
should abide by his decision.
The Chairman said to send a copy of the Planning
Board's letter to Mr. Irwin and then resolve it .
Letter from the Fire Commissioners relative to
medical bills was held over from the last meeting.
Mr. Gray reported that one of the men is required
to take treatments at the hospital periodically for a
considerable period of time. The other is in a brace
Fire Dept . of some type.
medical Mr . Cataldo said if the Board intends to take any
bills action in regard to paying the bills, a request will
have to be made to have the funds transferred
The Chairman said the Commissioners should request
a transfer and have some idea of how much they will need
for the balance of the year
Mr. Gray reported that he checked with Mr. James
Carroll, who handles the Blue Cross and Blue Shieli, and
the Boston office advised that it does not cover the
men on duty. It does cover them off duty The con-
tract the Town has excludes employees injured while
on duty. He said the State statute excludes police
and firemen from Workmen's compensation.
The Chairman said in this the Board has no choice
than to have the Fire Commissioners request a transfer.
Further discussion was held on the subject later
in the evening.
Letter was received from Mr. Norman Stolz, Brewer &
Lord, in regard to packaging the Town's fire and liability
insurance. Mr. Stolz urged that consideration be given
561)
to placing the Town's insurance on a Replacement Cost
basis at this time. Insurance
Mr. Cataldo moved that the insurance be placed on
a Replacement Cost basis.
Mr. Brown suggested that the Board consider van-
dalism and malicious mischief He said under this plan,
the rate would be reduced
The Chairman suggested that the Board find out how
much it would cost to include vandalism and malicious
mischief. He said the Board would not give Mr. Stolz
a decision this evening, but would give it next week
It was agreed that Mr. Gray should find out what
it would cost to include this coverage.
Letter was received from Mr. Norman Stolz, Brewer &
Lord, at Mr. Brown's request, relative to insuring the
Town's fire apparatus and placing all the Town's vehicles
under the new package policy outlined in his letter of
November 5, 1963
Mr. Carroll said he thought this was an excellent Insurance
idea.
Mr. Brown said it might be worthwhile to make the
3 Driver-Training Autos $100 which would save about $80.
Upon motion duly made and seconded, it was voted
to adopt the collision schedule as listed by Mr. Stolz
including the fire apparatus and $100 deductible on
3 Driver-Training Autos providing there are sufficient
funds in the account .
The Chairman read a letter from Richard D. Gilman,
17 Rumford Road, complaining about a dog owned by Murray
Herscott, 12 Rumford Road. He also read a detailed re-
port of an investigation made by the Dog Officer. Complaint re
Upon motion duly made and seconded it was voted Dog
to hold a hearing on Monday, November 18, 1963.
Letter was received from the Board of Assessors
requesting a transfer of $500 from the Reserve Fund to
their Personal Services ' budget to enable them to get
the second group of real estate tax bills out and to Transfer
transfer information from the old street card file set
to the new property record cards
The Chairman stated he had contacted two members of
the Board during the week and forwarded a request to the
Appropriation Committee for a transfer. He said he
understood it will be acted on favorably.
Mr Gray reported that the balance of the real
estate bills should be out this week
570
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Upon motion. duly made and seconded,__ it was voted
Cert. of Inc. to certify the character of Leon Leach, 12 Sanderson
Road, who has applied to the State for a Certificate
of Incorporation.
The Chairman read a letter from the Board of Fire
Commissioners, in reply to the Boardts letter of
October 28, advising that burning permits are given
Burning only to burn leaves in private yards and incinerators
leaves and never to burn on the street The Commissioners
recommended that the Police Department assist in the
enforcement of no burning leaves in the streets .
The Chairman asked Mr. Gray to contact Chief
Rycroft and advise him that the Board would appreciate
his co-operation in enforcement.
The Chairman read a letter from Theodore Atkinson,
1351 Massachusetts Avenue, on the subject of hunting
Mr. Gray reported that Mr. Brown had called him
about issuing hunting permits He said November 20
is the expiration date of the existing permits and he
presumed the Chief would receive requests for permits
Hunting to hunt in the new season.
The Chairman said home owners were being endangered
whether legal or illegal, and asked what positioh the
Board was going to be in if, after the 20th, permits
are issued again
Mr. Cataldo stated that if the Board is going to
make a change, it should be made now
Mr. Sheldon reported he had received a call from
a man who did not apply early enough Then he wanted
a permit for the balance of the time. Had he applied
earlier, he would hive been in a better position. He
said those individuals who applied earlier and were
granted permits, can hunt.
Mr.Burnell reported that he was approached by a
fellow who was most concerned, but ik not a resident of
Lexington.
Mr. Sheldon said the man to whom he referred was
penalized because he had not applied earlier .
Mr. Cataldo said there are many individuals in
the same situation.
Mr. Brown said he was in sympathy with the local
people and understood that about 200 permits were given
out by the Chief and of that number, only about 20
were given to local people. He said these people
would like to put on a campaign to close the Town to
all hunters who are not local people. He said before
571
the Board restricts it so no one can hunt, he would rather
see it opened until this group has an opportunity to
consider the subject. He said he would be in favor
of issuing permits for the extended period.
The Chairman said he was in sympathy with the local
hunters
Mr. Cataldo pointed out that these hunters are not
the problem.
The Chairman said the problem is enforcement, people
hunting illegally
Mr. Cataldo said if the Town had a police force that
was up to full capacity and had the men to enforce these
things, he could see it .
Mr Brown said there are patrol cars in Town and
hunting is done in daylight hours. If some of the
property owners called, the police could get them out of
the woods and into the car.
Mr. Brown asked if the Town could be closed to all
hunters.
Mr. Legro advised that the Board has the power under
the Town By-Law. He said the Board has the right to deny
permits where the public safety is endangered. He also
explained that the permits specify the area in which the
hunter can hunt. He said if the area is dangerous, the
Chief or the Selectmen should not issue the permit. He
said he would have some doubt as to whether prior permis-
sion of the owner being required and hunting being other-
wise lawful, the Board could prevent the owner from so
using his property
The Chairman said if it is the Board 's opinion
that it is dangerous, it not only has the right but
should exercise it .
Mr. Legro said he should think the Board would get
co-operation from the property owners .
The Chairman said the Board did not have to act
this evening.
Mr. Cataldo repeated, that if the Board intends to
make a change, it should be made now.
Motion was made to instruct the Chief of Police to
again issue permits for the extended hunting season.
The motion was not seconded, and therefore lost.
Mr. Cataldo expressed concern over the possibility
of some child being hurt
The Chairman asked Mr. Grey if this was something
he could work out
Mr. Gray replied that he could find out who owns
the land in the Woodhaven area, but he did not think the
property owners could be persuaded
C
Mr. Legro asked why the Board was interested in pre-
venting hunting on this property
Mr. Sheldon replied that houses in the area are being
hit by bird shot .
Mr. Legro asked if it wasn't then a question of being
dangerous.
Mr. Sheldon replied in the affirmative.
Mr. Legro said he, therefore, could not see the problem.
He said each permit stands on its own merits, and no permit
should be given to hunt where it is dangerous
The Chairman said the Board could instruct the Chief
not to issue permits in the areas where it is dangerous.
Mr. Sheldon said if the Board feels certain areas are
dangerous, it could deny a hunting permit regardless of
the owners.
Mr. Brown moved that the Board notify Chief Rycroft
to again issue huntirg permits for the extended hunting
season in those areas not determined to be dangerous The
motion was not seconded, and was, therefore, lost.
Invitation was received from the Knights of Columbus
Invitation to attend the Council 's 70th Anniversary Dinner on April 11,
1964.
Upon motion duly made and seconded, it was voted
License to grant, subject to the approval of the Alcoholic Beverages
Control Commission, a Package Goods Store license to
Berman's Market, Inc . , 55 Massachusetts Avenue.
At 8:45 P.M. , Messrs. Oppenheim and Michelson, re-
presenting the Retail Division of the Chamber of Commerce,
met with the Board.
The Chairman read a letter signed by Mr. Michelson
C of C requeting permission to have a Santa Claus arrive by
Christmas helicopter at the enclosed field on December 1; a Santa
requests Claus parade on December 1; loud speakers broadcasting
Christmas music during business hours from December 2
through the 24th; hold a drawing for prizes, to be drawn
at the intersection of Waltham Street and Massachusetts
Avenue each Wednesday and Saturday evening from December 4
through the 21st.
Upon motion duly made and seconded, it was voted
to grant the requests
Messrs. Oppenheim and Michelson retired at 8:55 P.M.
Mr. Gray referred to the insurance matter discussed
earlier in theevening relative to the Fire Department and
reported that he called Mr. Stolz and asked if he could
submit a quotation for covering the police and firemen.
He quoted figures, submitted by Mr . Stolz, of what it would
5e '
cost to cover all members of the Fire Department and all
members of the Police Department while on duty. The two
plans presented would involve for Plan #1, $9,212.25; and
for Plan #2, $7,778.65. He said there may be other plans
and he would like to look into this further . He said
the fact that employees have sick leave should also be
considered, as he was more cone.-rned about the medical
end of this .
Mr. Cataldo said that the Fire Department and the
Police Department are the two departments with the
greatest risk and he would like to have a quotation from
an independent organization on covering the entire Town
and questioned the advisability of remaining with Blue
Cross and Blue Shield if the Police and Fire groups are
not covered.
The Chairman said at the present time, the life
insurance is furnished by the Savings Bank and the
hospital insurance is furnished by Blue Cross.
Mr. Sheldon said a study should be made.
Mr. Gray said that possibly within a month or six
weeks, he could get proposals from some reputable com-
panies.
The Chairman said Blue Cross and Blue Shield should
know about this .
Mr. Gray explained that Blue Cross and Blue Shield
will not cover the Police and Fire while they are on duty
Mr. Legro reported thtt this has been a problem in
a great many cities and towns and is one which should be
resolved with Blue Cross and Blue Shield. They have
avoided this on the grounds that towns and cities are
authorized to reimburse police and firemen on vote of
the Board of Selectmen. He said he thought the Board
should do its share toward getting what is right .
The Chairman said Mr Gray should follow this
through and if he needs legal opinions, to contact
Mr. Legro.
Mr. Brown stated that during the past week, he
received two or three complaints about the traffic
problems on Worthen Road which probably should be Worthen Road
considered by the Traffic Study Committee. He said lighting
the question has come up as to whether or not there and side-
should be a sidewalk and some lighting. walks
Mr. Carroll stated he received an estimate from
the Boston Edison Company for streetlighting, but it
was very high because there are no poles in there.
He said as soon as business goes in there, he thought
there should be street lighting, and he recommended
mercury vapor. He also said he thought it was an
excellent suggestion to have a sidewalk installed.
574
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He thought he had sufficient funds, but it is a little
late .
Mr. Brown pointed out that many children use Worthen
Road going to Hayden Recreation
Mr. Burnell said there should be sidewalks on both
sides of every major street .
Mr. Carroll said the construction of a sidewalk
this year or next year would be expensive because of the
layout . He said he would not want to have a sidewalk
without a grass plot .
Mr. Burnell said if there are funds remaining in
the budget , they should be used to construct a side-
walk on the east side of School Street as the PTA was
promised this would be done.
Mr. Cataldo asked what it would cost to put the
lighting on Worthen Road underground in comparison to
overhead
Mr. Carroll explained that this would involve under-
ground services to the buildings, and cited as an example
the Grace Chapel which would have to pay for the service
which can be very expensive. However, if the Board is
going to have underground lighting, it should be done at
this time. He agreed to obtain more definite information
and said he thought the installation of sidewalks should
be postponed until next spring.
Mr . Brown brought up the subject of peat in the sani-
tary fill dump site and asked if Mr. Carroll had an esti-
mate of what it would cost to remove the peat; what the
Town would have in a stock pile, and what the Town would
get for it .
= Mr. Carroll replied that it is difficult to come up
with numbers. He said first , the area under discussion
is fairly heavily wooded, and peat from a heavily wooded
area is not good. There are many trees which have to
be stripped, all the roots removed before reaching peat
that is worth anything. He said he did not think there
is peat here worth salvaging. He said if he were wrong,
then there is the problem of getting the peat out . It
has to be excavated and it is under water . It comes out
soupy and can't be loaded on the truck. It then has to be
stocked and dried out . He said if the Town can get good
peat from any place, it should, but the mechanics of doing
this are not simple. He assured the Board that he has
not rejected the idea and has an open mind. He also re-
ported that in talking to Mr. Wheeler, of Cabot, Cabot &
Forbes, he asked him what he thought about removing the
peat, and Mr. Wheeler said he could not see any need
for taking it out, and that it would not do any harm to
the future development of the area. He also asked Mr.
55
Wheeler if, in the development of the area, special
building sites should be selected and no rubbish dumped.
Mr. Wheeler said that was completely out of the question
because ten years from now, one company may come in and
build ten buZdings instead of three. Mr. Carroll asked
him if he thought what the Town was doing was a good
idea, and Mr. Wheeler said as much as he is opposed,
because he has to sell property across the street, he
thought it was an excellent idea. Mr . Carroll said it
would be an expensive operation to remove the pest .
Mr . Cataldo said the tree roots could be removed
with a clam shell .
Mr. Carroll said the Town is trying to find out if
it can save money by taking out the peat and his opinion
is that it will not work, plus the fact there will be so
much money spent, unless there is twenty feet below, it
will not be economical. He said the whole area should
be filled somewhere around five or six feet above the
existing area.
Mr. Cataldo asked if he would come tothe same grade
if four feet of peat was taken out, and Mr. Carroll re-
plied in the affirmative . He said because of the expense
of removing the peat in the first place, it would be six
of one and half a dozen of another . He said his own
opinion is that it will not be economical to take the
peat out. He explained that he is taking peat out of
every area he can and has a good stock pile.
The Chairman said some membm of the Board have a
feeling in regard to excavating/peat, and asked Mr.
Carroll to pursue the matter
Upon motion duLy made and seconded, it was voted
to go into Executive session for thepurpose of dis-
cussing, deliberating or voting on matters, which, if Executive
made public , might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person
The meeting adjourned at 10:40 P.M.
A true record, Attest :
Exec ive jCler , Select n
1
576
SELECTMEN'S MEETING
November 18, 1963
A regular meeting of the Board of Selectmen was
held in the Selectman's Room, Town Office Building,
on Monday, November 18, 1963, at 7 :30 P.M. Chairman
Cole, Messrs .Brown, Burnell, Cataldo and Sheldon were
present. Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present
Hearing was declared open upon application of MIT
Lincoln Laboratory for permission to store 5,000 gallons
of #2 fuel oil underground on premises located at 238
Fuel oil Wood Street.
storage Mr. Arthur. T. Newell, representing the petitioner,
was the only person present at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of property deemed tobe affected as they appear
on the most recent local tax list, and also advertised in
the November 7, 1963 issue of the Lexington Minute-man.
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 MIT Lincoln Laboratory to maintain
an urnbrground tank for the storage of 5,000 gallons of
#2 fuel oil on premises located at 238 Wood Street .
Mr. Newell said that when the Chief Engineer went
up on his inspection, he also had a 1,000 gallon tank
for transformer oil. He asked if there should be another
application.
The Chairman explained that inasmuch as this was
not included on the application submitted to the Board,
there should be a new application to cover this item.
Mr. Newell retired.
Mr. Legro went over the motions for the Town Meet-
Motions ing to be held next Monday evening.
Letter was received from Richard S. Townsend, 7
Nowers Road, urging the Board to recommend construction
of Nowers Road in 1964.
J It was agreed to advise Mr. Weleas.plethat the projectwould be included in the 1964 budget and considered when
the budgets are being discussed.
The Chairman read a letter from the League of Women
Voters requesting permission to maintain a truck or station
wagon in Lexington Center as well as the dump on Saturday
57 ror
for the purpose of obtaining signatures on the current
state-wide initiative Petition to curtail the powers of
the Executive Council. Pe rmit
The Board had no objection and voted approval, subject
to approval of Chief Rycroft.
Mr Gray referred to mechanization of the accounting
system and reported that he had a survey made by Burroughs
and requested the Board for a transfer of $800 to the Transfer
Accounting Department Expenses budget. He explained
this would cover the cost of the control band on the
Burroughs ' machine, $306, and the balance of the funds
will be needed for necessary supplies. He also explained
that the money is needed now so the equipment can be pur-
chased and ready to operate by January 1.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $800 from the Reserve Fund to the Accounting Depart-
ment Expenses Account
Mr. Gray reported that Mrs . Rich Tax Collector, had
explained that she will need another $150 for overtime
pay to do her posting and work left unfinished in con-
nection with getting the 1963 tax bills out . Transfer
Upon motion du y made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $1,50 from the Reserve Fund to the Tax Collector 's
Personal Services Account .
Mr. Gray left the meeting at 7 :55 P.M. to meet with
the AppropriatYin Committee in regard to transfers to the
Accounting Department Expenses Account and the Collector 's
Personal Services Account.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 13, 1963.
Hearing was declared open upon written complaint
of Richard D. Gilman, 17 Rumford Road, Lexington, against
a dog owned by Murray Herscott, 12 Rumford Roau, Lexington.
Mr. Richard Gilman, Mr. and Mrs. Murray Herscott,
Mr. Joel Miller, 33 Young Street, Mr. Herbert Slade, 14
Rumford Road, and Officer Michael Shaughnessy were present.
All persons wishing to give evidence stood, raised
their right hands and swore that the evidence to be given
in this case would be the truth, the whole truth and
nothing but the truth.
Officer Shaughnassy presented a letter, dated
November 7, 1963, written by Mr. Herscott to Chief Rycroft.
X78
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The Chairman said it would appear to him that the ,
letter concerns further charges and asked if Officer
Shaughnessy had investigated this .
Officer Shaughnessy asked in regard to what , and
the Chairman replied in regard to the complaints against
Mr. Gilman's dog, Sporty, being a nuisance.
Officer Shaughnessy explained that he had not made
an investigation as this letter came from Mr. Herscott,
and he was not requested by the Board to make an in-
vestigation.
Mr. Gilman said last spring, his wife and son, then
three years of age, were in front of their home izhen
this dog, Blaze, came after them. He said his wife was
upset and told him about it and he advised her to forget
it and stay away from the animal. Several weeks ago,
his dog's leg was mauled add he had to take him to Dr
Smith, where he had to stay for several days He said
he did not report this Three weeks a;. o, his dog was
on the top step and as he was stepping out of the house,
the dog, Blaze, came onto the step after his dog. He
said he tried to separate the animals and Blaze left,
his dog was cut but not seriously He said at the time,
the Children were playing football in his yard and with
the children was Allen Herscott. After the attack on
his dog, he told the child to take the dog home and then
come back and play Then min utes later, the dog was
still here. He said, Allen go home, that is all I said,
Allen go home . A few minutes later, the father was at
his door angry because he told his son to go home He
said that was the end of the incident He said this is
a dog that can be vicious and violent In the presence
of the owner, he went after another dog, Porky, who re-
quired extensive medical care He said he has seen the
Herscott dog fighting with a Springer Spaniel on Laconia
Street and the people in that area are upset. He said
the Herscotts had told the Dog Officer that they were
willing to pay Mr. Miller for the damage done to his dog.
In his mind, one does not offer to pay damages for which
he is not responsible, and he would take that as an ad-
mission. They voluntarily agreed to restrain their
animal . He said while the Dog Officer was in the area,
the dog without the master or children came on his pro-
perty and was looking for trouble again, and this was a
week after the Herscotts agreed to restrain the dog. He
said the dog was running loose again yesterday. He said
the dog chases cars and in trying to avoid hitting him,
a child could be hurt
Mr. Miller said he could only give heresay infor-
mation. '
579
The Chairman explained that heresay informLtinn
would not be admissible He said his dog was attacked
but he was not present at the time .
Mr. Herscott said when Officer Shaughnessy visited
him Thesday morning at his home, he was shocked and sur-
prised and a little embarrassed that this type of thing
could take place between neighbors He said Officer
Shaughnessy made a statement in his report that he knew
the dog, Blaze, was at the school He said they did
not admit that their dog did all these things, but they
did listen to what he had to say He said he called
Allen Green, an attorney in Lexington, who said this should
not be a matter of investigatihn, that it was a neighborhood
problem. He said he could not, as a dog owner, say his
dog is the best one; he knows what dogs are. He said the
Gilman dog goes on his property and yesterday morning, his
dog was chasing a neighbor' s car; these are things dogs do.
He said he wanted to make sure the dog he got could live
with all the children in the neighborhood. He said, in
regard to Mr. Gilman's statements, he thought a check
should be made with Dr. Smith. He said he went to Mr.
Gilman's house but could not get an answer, and all he got
was legal talk about property rights.
Mrs. Herscott said she was with a group of neighbors
next door to Mr. Miller 's house. Mr. Miller 's dog came
toward her and perhaps she should have realized at that
point what would happen. The dog approached the group
and her dog started walking very cautiously toward the
Miller dog. At the very same moment, they lunged at
each other. Her dog's teeth went through the tip of
the other dog 's ear and they could not dislodge the tooth
from the ear an. everyone became hysterical She ran for
a hose and started spraying the dogs and eventually, the
tooth came out of the ear. She said this was the first
time they ever received anything from Mr. Gilman, when
they received the complaint letter She said she told
her husband she did not offer to pay expenses, but did
offer to take the dog to the dogtor. She said this was
after the Officer left and she knew her dog was no more
at fault than the Miller dog, but she had a car and Mrs.
Miller didn't. Mrs . Miller said the dog would be all
right and if he needed treatment , Mr. Miller would take
him when he came home. She said she called the next day
to find out hoe the dog was because she loves dogs . She
said the dog his been to training school and is obedient.
Mr. Herscott said the mailman told Mrs. Herscott
that their dog is the best in the neighborhood. He said
they took the dog to the Concord training School and spent
twelve weeks going through training with him. He is
gentle withe the children, but they wanted him to obey
580
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Mr. Slade said he did not own a dog and has more
dogs than anyone else as he has a large lot All the
dogs run through his property. The only trouble he
ever had with Blaze was with the shrubs. He said his
eighteen months old daughter pulls his ear and he con-
siders him to be a very gentle dog, the most gentle in
the neighhorhood and there is no question about it
The Chairman asked if there ever was an incident
of Blaze biting a human, and Mr. Herscott replied in the
negative .
Mr. Cataldo asked Mr. {oilman what the medical ex-
penses were, and Mr . Gilman replied that the dog was at
the hospital between three and five days . He said
Howard Smith is an officer of the Town and his records
would be available to the Board. He said the bill he
received was $18.
Mrs. Herscott said she has no proof that this ever
took place, and she was never made aware that any such
fight took place, and it is very possible it could have
been another dog.
Mr. Brown said in the letter from Officer Shaughnessy,
the Herscotts agreed to restrain their dog.
Officer Shaughnessy said they said they would restrain
the dog by having the boy stay out of the Gilman property
because where the boy went , the dog went
Mr. Herscott said two years ago, when his child started
school, they thought it was cute to have the dog go along
to school with her. Now they realize it should not have
happened and they have broken the dog of this habit
Mrs. Herscott said because the dog is valuable, and
they wanted him at home all the time, they did devise a
metal loop to keep him on. About a month ago, it broke
and she has not gone to the hardware store topurchase
another rope for him. She said they want the dog home
and do not want him roaming.
Mr. Slade said the dog does serve as a watchdog in
the area
The hearing was declared closed at 8:43 P.M. , and
the group retired
Officer Shaughnessy said he requested the Herscotts
to keep the dog home and they said they would. That
Sunday, the dog was on the Gilman property and the boy
was /Tot there ' Te said las alto ta1ked. to Mr. Rosa, and
although he likes the dog, he said it is a nuisance .
Upon motion duly made and seconded, it was voted
that when Mr. and Mrs. Herscott are not around, the dog
be kept on the wire, but that the dog may be taken for a
walk when either Mr. or Mrs . Herscott are present .
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
58 '
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 meeting adjourned at 10:10 P.M.
A true record, Attest
/
AkA4c011-;.e le
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3t
SELECTMEN'S MEETING I
November 25, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 25, 1963, at 7:00 P.M. Chairman
Cole, Messrs Brown, Burnell, Cataldo and Sheldon were
present. Mr. Legro, Town Counsel, Mr. Gray, Execu-
tive Assistant, and Miss Murray, Executive Clerk, were
also present.
Mr. Legro presented a deed to tax title lots 59
and 60 Ivan Street which the Boa d voted to sell and
Tax title convey to George M. Bilafer, 6 Hathaway Circle, Arlington.
Upon motion duly made and seconded, it was voted
to execute the deed conveying lots 59 and 60 Ivan Street
to George M. Bilafer and Lorraine B. Bilafer. (All
copies taken by Town Counsel. )
Mr. Legro presented a deed to tax title lots 234 to
242, inclusive, on Freemont Street and tax title lots
Tax title 243 to 258, inclusive, on Asbury Street, which the Board
voted to sell and convey to Todd Realty, Inc.
Upon motion duly made and seconded, it was voted
to execute the deed conveying lots 234. to 242, inclusive,
on FreemontsStreet and tax title lots 243 to 258, inclu-
sive, on Asbury Street to Todd Realty, Inc .
(All copies taken by Town Counsel. )
Letter was received from Paul J. McCormack, attorney
for Diran Semonian, 504 Lowell Street, who claims his
Semonian land has been receiving surface water due to recent
drainage changes in grade on Lowell Street . Mr. McCormack
stated his client desired the Board to be notified of
his intention to seek damages and would also like an op-
portunity to be heard.
Upon advice of Town Counsel, it was agreed toinvite
Mr. Semonian to meet with the Board on December 9, 1963,
to be heard, as reque ted by Mr. McCormack, his attorney.
Letter was received from Mr. Mitchell J. Spirts,
Interim Superintendent of Schools, with reference to a
memo sent to all boards, commissions and departments in
Accidents regard to accident reports. Apparently the memo was not
quite clear to Mr. Spirts, and it was agreed to advise
him that the Board had reference to town-owned vehicles
involved in accidents.
58
Letter was received from Mr. Mitchell J. Spiris,
Interdm Superintendent of Schools, relative to the use
of the central playground area.
The Chairman said he saw Mr Snow this evening and
suggested that he contact Mr. Spiris . Use of play-
The Chairman requested Mr. Gray to get in touch ground area
with Mr. Snow and suggested that abetter be written
to Mr. Spiris advising that Mr. Snow will contact him.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 18, 1963
Letter was received from Mr. Donald K. Irwin,
Building Inspector, with further reference to pro- Building
perty at 334 Woburn Street. 334. Woburn
Mr. Cataldo felt that the Board should have a Street
legal opinion as to whether or not the building permit
issued to Mr. Cammarata was issued legally.
Mr. Legro stated that the only individual from
whom he has head was Mr. Homer Hagerdorn. He has
not heard from the Building Inspector.
Mr. Sheldon said Mr. Cammarata has been issued a
building permit and can proceed
Mr Cataldo reported that he is proceeding.
Mr. Legro stated that if the subject is to be re-
ferred to him for a legal opinion, all the facts should
be referred to him also.
The Chairman requested Mr. Gray to correlate this
and give all the information to Mr. Legro.
Letter was received from George Sdnato, 391.E Woburn
Street, reiterating a previous request to participate in
the Town's insurance. Insurance
It wai agreed to advise Mr. Sainato that no action
has been taken in regard to distribution of commissions,
this being an item usually taken care of some time in
December.
Mr. Gray was requested to contact Brewer & Lord and
ask for the list of this year 's participants showing the
percentage of commission each received in 1962.
Notice was received from the Middlesex County Select-
men's Association, Annual Meeting - Ladies ' Night, bo be Notice
held at the Groton Inn, December 4.
Upon motion duly made and seconded, it was voted
to grant the Minute Man Highlands Association permission
to conduct a meeting in Estabrook Hall on Wednesday, Use of hall
January 15, 1964, from 8:00 P.M. until 10:30 P.M. ,
IC
subject to a charge of $10.00, the meeting being closed
II
to the public, plus a fee of $3.00 per hour for custodianls
overtime services
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Regent Delicatessen Common Victualler (renewal )
Meredith Foods, Inc. " t' "
Howard D. Johnson Co. " " It
Colonial Garage, Inc. 1st Class Agent "
Dunn Ford Sales, Inc . " If ft It
Joseph Trani, Inc Package Goods Store r
Armand E. Swajian Taxi Driver
Upon motion duly made and seconded, it was voted
Budgets to hold a meeting on Saturday morning, November 30, 1963,
at 9:00 A.M. , to discuss budgets
The meeting adjourned at 7 :35 P.M.
A true record, Attest
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SELECTMEN'S MEETING
December 2, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 2, 1963, at 7 :30 P.M. Chairman Cole,
Messrs. Brown, Cetaldo and Sheldon were present Mr
Legro, Town Counsel, Mr Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present.
Miss Mary McDonough, Assistant Town Clerk, met
with the Board for the drawing of three jurors The Jurors
following individuals were drawn for jury duty: Ivar A.
Nielsen, 16 Vine Brook Road, Lawrence Miller, 14 Tavern
Lane, Joseph D. Schantz, 7 Unmoor Terrace
Miss McDonough retired.
Mr. Legro presented a deed to tax title lots 631
through 634 Freemont Street wnich the Board voted to
sell and convey to Cyril R. Pratt Tax title
Upon motion duly made and seconded, it was voted
to execute the deed conveying tax title lots 631 to
63L1 , inclusive, on Freemont Street, to Cyril R. Pratt
and Muriel I. Pratt, 765 Marrett Rodd, Lexington.
Mr. Legro stated that he had seven copies of the
contract between J. D'Amico Incorporated and the Town
of Lexington for the Woodhaven Trunk Sewer Project. Woodhaven
He said there are some insurance certificates missing sewer con-
and some items in the contract he will check. In tract
order to save a week's time, he recommended that the
Board sign the contract which he will retain.
Upon motion duly made and seconded, it was voted
to sign the contract between J. D 'Amico Incorporated
and the Town of Lexington, in the amount of $530,810.00
for construction of the Woodhaven Trunk Sewer, all
copies of the contract to be retained by Mr. Legro.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen 's Meeting held Minutes
on on November 25, 1963.
Three letters from Mr. Norman Stolz of Brewer &
Lord, regarding package policies, burglary insurance Insurance
and property damage, were held over until all members
of the Board would be present .
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The Chairman read a letter from Mr. Karl Nyren,
Director of Cary Memorial Library, advising that the
Board of Trustees asked to have two capital expendi-
tures placed on the warrant for the next Town Meeting
The items were 1) application of aluminum siding to
the East Lexington Branch Library, $2,626, and 2)
landscaping the front of the main library, including grad-
ing, wall and iron fence, $2,000.
Mr. Cataldo asked if there would be sufficient
funds to cover the cost of painting and doing whatever
work might be necessary on the trim.
It was agreed to insert an article in the warrant
as requested and to obtain the answer to Mr. Cataldo 's
question from Mr . Nyren.
Letter was received from Laura Wharton, on behalf
of the High School Senior Class, requesting permission
to suspend a banner across the Center or near the First
National; suspend a banner or standing sign in Emery
Park
The Chairman reported that Miss Wharton called him
this evening and he told her he did not think the Board
would vote to grant permission to have a banner suspended
Sign across Massachusetts Avenue .
The Board had no objection to a standing sign in
Emery Park, providing Mr. Mazerall approved. It was
also agreed to advise Miss Wharton that approval should
be obtained from the Historic Districts Commission.
Upon motion duly made and seconded, it was voted
to grant permission to the Fire Fighters Association to
use Cary Memorial Hall on January 3, 17, 31 and February
7 for Record Hops, subject to the established fees.
Upon motion duly made and seconded, it was voted
to grant the following Common Victualler Licenses :
Licenses
Baker Avenue Variety 14 Baker Avenue
Pine Meadows Country Club 232 Cedar Street
The Chairman read a letter from Mark Moore, Jr . ,
Director in charge of Christmas lighting for the Chamber
of Commerce, requesting permission to install a 5" sleeve
Christmas in the sidewalk adjacent to the traffic light in front
lighting of the Colonial Drug Store
Mr. Carroll explained difficulties the group was
having in hanging the decorations and stated that the
only solution is to drill a hole and put up a post. Be
suggested that a sleeve be put in so it can be used each
year I
5E37
Mr. Sheldon asked if the Chamber of Commerce would
pay the entire cost, and Mr. Carroll replied in the
affirmative. He stated that he had no objection.
Upon motion duly made and seconded, it was voted
to grant the request and to authorize Mr Carroll to have
the hole drilled in the sidewalk and the sleeve installed.
the Chamber of Commerce to be responsible for any costs
involved.
Mr. DiGiovanni, representing the Mystic Valley Gas
Company, met with the Board relative to the location of
3700 feet of 6" gas main in Winchester Drive He stated
the location has been worked out with the Town Engineer
and is 12 feet off the pavement on the northerly side. Gas main
He explained this is to serve the development at the
Winchester-Lexington line, where approximately L.8 houses
are to be built .
Mr. Carroll reported that the gas main will not be
serving Lexington people at all. The company wants
to start work now and the Town will have to be prepared
to accept the fact that the property in the area will not
be restored until spring.
Mr. Sheldon asked if Mr. Carroll anticipated any
snow removal problems, and he replied in the negative.
Mr. DiGiovanni said with good going, they could do
500 or 600 feet a day, about two weeks for the entire
job.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to
locate 3700 feet of 6" welded steel gas main in Winchester
Drive, subject to specifications and approval of Mr.
Carroll.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating, or voting on matters which, if made public, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following a brief discussion pertaining to Mr.
Rushton's request to connect to the Air Force 8" water
main to service his house on Marrett Street, it was voted
to resume the open meeting.
Mr. Robert Rushton met with the Board at his own Water
request, and said he had a question to ask the Board Rushton
and that he wanted the answer on the records. He Marrett st
said when he met with the Board two weeks a,o, he asked
the Board to meter the water off the Air Force main and
deduct it from the Air Force bill. He said that re-
quest has not been officially denied.
588
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The Chairman said Mr. Rushton talked to him on the
telephone.
Mr. Rushton said he had a letter from the Board
which said his request to connect to the Air Force
water main had been denied. He also said that the
Board has no jurisdiction over that main and he wanted
to be denied on the meter or O.K. 'd.
The Chairman said the Board would give it to him
in writing, that this letter would be corrected in
writing.
Mr. Rushton said then there would be nothing in
doubt.
The Chairman said that was right .
Messrs . Rushton, Carvoll, and Legro retired at
8:19 P.M.
Messrs . Noyes, Blaisdell, Kingston, Carlson and
Parrish, Appropriation Committee, and Mr. White, an
Ex-Officio member, met with the Board.
Town Report The Chairman said the Board was wondering if the
and Appropri- Appropriation Committee report and the Town Report
ation Report could be put out to bid together. He said the Board
realized the time element .
Mr. Noyes said the time element is critical. He
stated that the warrant is tied in with the Appropri-
ation Committee report and he thought whoever did the
warrant, should do the Appropriation Committee report .
He explained that it would be better for his committee,
if whoever did the warrant also did the Appropriation
Committee report, and he thought there would be a
saving to have the same person do both.
Messrs . drown, Viano, Page, Mrs. Clark of the School
Committee, Mr Spiris and Mr. Poehler met with the Board
The Chairman stated that the Board had called this
informal meeting, so to speak, to see if there could be
a meeting of the minds in the direction the Boards are
going budgetwise. He said the Selectmen feel they should
do everything in their power to hold the tax rate where
it is, or, if possible, reduce it ; not that they want to
tell another committee what to do, they just want to have
a meeting of the minds to see that everyone goes in the
same direction. He said he felt that with the free
cash from last year and what will be on hand this year,
the same tax rate may be maintained for the next two
years .
Mr. Noyes said that the rate could possibly be held
at least for this year, but he would not want to go on
record as saying it could be held for two years He
said there are salary increases and the firemen are look-
ing
for an increase, changing the hours with the same rate,
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a request for more money. He said this was not a criti-
cism but already a breakthrough is showing. He said the
year after next may open the whole salary scale .
The Chairman said if the Boards can try and work it
so they can plan for two years, this would be desirable.
He said there are many items which the Board cannot con-
trol nor can the School Committee control. As the
number of children increase, there will be more schools,
teachers and larger school budgets
Mr. Brown said the school budget process is one that
keeps going for a long time, and the committee has been
discussing different budgets for the past six weeks . The
process has been that the budget is made up by the School
principal and the request is sent to the administrators
The administrators produce a budget after they have decided
what things are absolutely necessary, those that are highly
desirable and those items that are desirable. The committee
is presented with these three categories This year they
also have the Teachers ' Association working on a salary
guide He explained that the committee has not voted
its final budget, but wants to be as financially responsi-
ble to the Town as any public board wants to be . He said
he did not have the figures on how much the requests of
the principals were cut From the request of the Teachers '
Association for a better salary guide, the committee cut
$50,000. The Administrators cut $125,000 from the budget
request and at its meeting, the committee voted a cut of
$135,68 . The budget at present shows an increase of
12.9% over 1963.
Mr. Viano explained that the committee allowed only
essential items in the expense budget.
The Chairman asked if the Appropriation Committee
had any idea what the assessed valuation might be, and
Mr. Noyes replied in the negative
The Chairman asked how much the increase in the
school budget was this year, and Mr Brown replied about
half a million.
Mr Brown said the estimated increase in pupils is
4.6%, and the increase in the expense budget is 4..8%.
He said the committee is under very strong pressure to
improve the salary schedule
The Chairman asked if it would be possible, by
judicious use of the free cash, to take the increases in
the school budget and possible increases in budgets under
the jurisdiction of the Selectmen and maintain the tax
rate
Mr. Noyes said he thought it could possibly be
figured out .
The Chairman said he took it that those present were
in accord with the Board in making an attempt to hold the
rate for two years
590
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Mr. Brown said, speaking for himself, he thought
the committee could not continue not to improve the
school system He said he thought having pressure
to keep the rate down and haling to keep the same level
of education, is a mistake. He said one cannot stand
sti_l in an area as competitive as education.
The Chairman said the School Committee has a diffi-
cult position, and, speaking for himself, he was not
asking the committee to cut the excellence of the
schools to maintain a lower tax rate. He said this
was the committee 's domain and he would not get into
it. He said the Board does not in any way want to in-
terfere with the School Committee or its operation.
Mr. Cataldo asked if the figures Mr. Brown read
earlier included staffing the high school, and he replied
in the affirmative.
The Chairman asked if the committee found it diffi-
cult to get teachers due to the salary schedule
Mr . Poehler said there is no problem in getting
teachers . Last year they had over 1700 people apply
for positions . He said the difficulty is finding
competent teachers. The schools could be staffed by
just sitting in the office, but it is going out and
working hard and not just taking thoses who come in.
He said the other difficult part is when the beginning
salary is lower than say Needham, Wellesley, Winchester
Brookline and Natick
Mr. Noyes mentioned the possibility of transferring
money to a Stabilization Fund and said this would be a
good time to consider such an article. The money could
be put in the Fund and when the Middleby Road School
comes along, the funds will be available
Mr. Kingston said he thought Mr. Cole wanted to
see if the tax rate could be held. He asked if, from
a point of view of Town policy, it wouldn't be better
to have the tax rateo up $1.00 now and $1.00 next year
rather than $5.00 or $7.00 in one year
The Chairman said if necessary, it should go up in
easy stages and should be planned.
Mr. Kingston said it should be on a pay as you go
basis .
Mr. Noyes said one thing to consider is the in-
dustrial building. There may not be much as of January 1,
but the following January there may be a building or two .
Mr . Noyes said the Town has spent $250,000 for trunk
sewers and laterals and it now faces the Woodhaven sewer.
He said it might be worthwhile to hold back on the trunk
and he did not think the Town needed another trunk sewer .
Mr.Noyes asked about the Selectmen's budgets
The Chairman stated that the Fire Commissioners are
591
coming in with a request for eight new men and the Board
will be discussing the budget with the Commissioners a
week from Saturday.
Mr. Brown said the major problem again is personal
services .
The group retired at 9 :10 P.M.
Messrs. Tropeano and Nylander met with the Board
to discuss the possibility of extending water and sewer
to 10 acres of land off Hartwell Avenue. Tropeano
Mr. Tropeano stated the land is zoned for light land-Hartwell
manufacturing on both sides of Hartwell Avenue and the Avenue
water is on Wood Street some 1500 feet from his land.
He said he did not know where the sewer was located but
again there are interveiing property owners. He said
his tax bill is better than $3,000 a year on vacant land,
He stated Meredith & Grew, Inc . are exclusive agents and
they have one concern looking for ten acres . One of
the questions is when will sewer and water be available.
Mr . Nylander presented two plans, one, he explained,
was a general plan of the whole area all the way from
Wood Street to Bedford Street. He stated that he has
discussed this subject with Mr. Carroll who indicated
where a trunk line would come across . and his statement
was that it would come about any place they wanted it.
Mr. Carroll thought it would be extended along Route 128
up to Hartwell Avenue and then extend laterals .
The Chairman asked how many acres they owned, and Mr.
Tropeano replied approximately sixty. He said they went
ten acres for a two-step situation, and it will go over a
milli,n dollars.
Mr. Sheldon asked if they would be spending a million
dollars on the building, and Mr. Tropeano replied, ulti-
mately.
Mr. Brown asked if a large outfit interested in the
property next door where the house is, did not follow
through because of the lack of services .
Mr. Tropeano said that Cabot, Cabot & Forbes had an
option on it , but did not want any more land in Lexington
for development and they did not hold it . There was no
sewer.
Mr. Cataldo asked if everything was all set to go
depending on the water and sewer.
Mr. Tropeano said he did not know. They are looking
for a date .
The Chairman said this would be a trunk sewer.
Mr Tropeano said it would be the same thing the
Town put in for Raytheon
Mr Cataldo asked if the Board said this would be
next year, this was the only thing holding them up
592
Mr . Tropeano said he could not answer that, as he
has not been talking to them directly.
Mn. Cataldo said the Board would not want to plan on
running a trunk up there and then have no one to connect.
Mr. Tropeano said if the trunk was there , in two or
three years someone would connect.
Mr. Brown asked if Mr. Tropeano would sell this firm
ten acre parcels if they made a definite commitment, as
laid out on this tentative plan
Mr. Tropeano said he would try to follow this Plan
as much as possible
Mr . Cataldo said he tnought this plan would be diffi-
cult to live up to, and Mr. Tropeano said it is only a
suggestion.
The Chairman said this is a capital expenditure and
that committee is interested in talking to the Board.
Mr. Cataldo said it would take a year to erect a
million dollar building.
The Chairman said all the Board cold do is to dis-
cuss this with the Appropriation Committee and the
Capital Expenditure Committee in line with budgets for
the coming year and see if anything can be done this
year or if it will be next year
Mr. Sheldon said this would be an outright expense
and not something that the Town recovers .
Mr. Tropeano said he realized that , but the same
thing was done for Raytheon and Cabot, Cabot & Forbes .
Mr. Sheldon asked how long these people would wait
for a decision.
Mr. Tropeano said he did not know.
Mr. Sheldon said this is a feeler for the moment, and
Mr. Tropeano said it is definitely more than a feeler.
Mn. Sheldon asked if there was anything pending other
than what the Board has been told.
Mr. Tropeano said he has referred two inquiries to
Meredith & Grew
Mr. Sheldon asked if Meredith & Grew would say that
things would move fast up there if water and sewer were
available.
Mr. Tropeano said if he could go back and say it
will be two years, he expected they won't be interested
in selling the land.
Mr. Cataldo asked if it was the type of company that
must have a large sewer, and Mr. Tropeano replied that
everything in the area must connect to a sewer.
Mr. Nylander said it is an electronic firm and there
would be some manufacturing, and he thought it would be
plain sanitary sewer rather than industrial.
Mr Tropeano said he thought the potential in the
land was greater than $6,000,000 .
590
' Mr. Sheldon said the Town could say it is going to
spend X number of dollars on sewer and water, but the
possibilities are that in two, three or five years, the
money will be recovered
Mr. Cataldo asked if Mr Tropeano would be willing
to put a pumping station in the basement.
Mr. Tropeano replied that would not solve the problem
He said if it means a pumping station, it would be better
to design a pumping station for the whole area.
Mr. Cataldo said his thinking was that if the Bogy d
could not come up with something for him for three or four
years.
Mr. Tropeano said he would get a better guidance from
Meredith & Grew and submit the figures to the Board in the
form of a letter
The meeting adjourned at 10:11 P.M.
A true record, Attest:
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SELECTMEN'S MEETING
December 7, 1963
A meeting of the Board of Selectmen was held on
Saturday morning, Decmmber 7, 1963, at 9 :00 A.M. for
the purpose of discussing 1964 budgets . Chairman Cole,
Messrs. Cataldo, Burnell, Sheldon were present Mr .
Gray, Executive Assistant , and Miss Murray, Executive
Clerk, were also present.
Mr. Ethel U. Rich, Tax Collector, met with the
Board. She said the girls in her department were
listed just es Senior Clerks but she felt they should
be Senior Account Clerks
The Chairman said the budget, as presented, was
basically raising them both from S-3 to S-4.
Mrs . Rich said she did not know what to do about
raises .
The Chairman explained that they are at the maxi-
mum at S-3.
Mrs . Rich said they were at the maximum as Senior
Clerks.
Mr. Cataldo asked about the dassification for
Senior Clerk, dutywise
Mrs. Rich said she could never see the difference
They have a Senior Account Clerk over at the Assessors '
office and she was sure that Clerk's ability and her
Clerks ' was equal.
Mr. Gray said a Senior Account Clerk has more to
do with accounting. The S-5 is a general secretary
where there is a great reliance on shorthand. The
emphasis on a Senior Account Clerk is primarily on ac-
counting procedures . The Siior Clerk is a general
overall clerk who might do some of this .
Mr. Burnell asked if these clerks were doing account-
ing work. He said the difference hese is one has a greater
area of responsibility and asked if that was correct. Mr
Gray replied in the affirmative.
Mrs . Rich said the clerks have to get balances besides
taking in the money, writing it up, posting and balancing
with the Accountant every month and to her that would be
Senior Account Clerk' s work
Mr. Cataldo asked what Mr Evans said.
The Chairman explained that Mr. Evans had classified
them as S-3.
Mr. Gray explained that Mr. Evans felt the work
was repetitive operations.
Mr. Burnell said repetitive means straight clerical.
He asked if one of the three girls was a Senior Clerk.
59rm
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Mrs. Rich replied thet they are both the same and
both do practically the same type of work. She said
at times they have as many as seven liens a day
Mr. Gray read the Evans ' job classification de-
scription for a Senior Account Clerk and said it would
not fit what these girls are doing
Mr. Burnell asked if it would be advisable to have
Mr. Gray look into this the next couple of weeks and
then give the Board a briefing
The Chairman said Mr Gray might be able to give the
Board more information, but he did not want him to make _
a decision
Mr. Burnell said the Senior Account Clerk description
just read is not applicable
Mr. Gray said he thought this should be looked into,
and stated that there is a difference between Senior Clerk
and Senior Account Clerk
Mr. Sheldon said the Board would have to reserve
decision anyway.
The Chairman said he thought he understood Mrs. Rich's
position.
Mrs. Rich retired at 9 :25 A.M.
Mr . Grush and Mr. McCurdy, Assessors , met with the
Board.
The Chairman said that , with reference to Mrs. Sullivan,
there is a request to change the classification from an S-3
to S-4 and asked if there was a particular reason. He
asked if she did the same work as Eyrs. Gauthier.
Mr. Grush replied that either one is interchangeable
with the other They both have about the same amount of
time in the Assessors ' Office
Mr. McCurdy said he understood Mrs . Sullivan was in Assessors '
and left to be married and then returned. He said from budget
his observation in the work, they may not do exactly the
same work, but the work load is the same
Mr Cataldo said under the conditions , and the way
the Board is tninking, he felt the reorganization of the
Assessors ' Office is a move in the right direction
The Chairman asked if this had anything to do with
the reorganization of the office
Mr. Grush replied in the affirmative . He said they
plan to have Mr Cronin out in the field more and give the
routine work to the girls; one or the other will be on the
counter or telephone He said they both have been there2
about thirteen years
The Chairman said the Board has to be sure they are
both doing approximately the same job and make sure they
fit into the S-4 classification He said he thought this
was in the same category as Mrs . Rich 's.
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Mr . Cataldo said this covers operating an accounting
machine.
Mr Gray said the job description more closely fits
these girls then it does the Collector' s
Mr. Burnell said this is specialized work
The Chairman said the next one the Board has a
question on is for a Junior Clerk, a new girl He
explained that many departments are looking for a girl
who would not be full time If a qualified girl can
be hired, she could help department de artment that needed
help at a particular time and by doing this, it may be
possible to cut the request of four or five girls down
to one girl He explained that the Board is trying
to get a secretary pool and thinks it is a good idea
Mr . Grush agreed
Mr Gray said it is difficult to justify a girl in
these departments for the whole year .
Mr. Burnell said there would be a floating clerical
staff
Mr Cataldo s&id the Board should see the results of
the IBM service first
Mr Grush said the next six months will be the
Assessors ' peak period
Mr. Cataldo said the extra girl would not be of any
help to the Assessors because she could not be employed
until April
Mr. Grush stated that the Assessors feel it would
be advantageous to the Town to have another girl in the
office so work could be done He said this girl could
be posting sales ' information so the Assessors could
more easily keep track of the trend of relative prices
in any given neighborhood She would also be put on
maintenance of personal property tax rolls which have
been sadly neglected for years
Mr. Cataldo asked if the Board could start out on
this basis and if the girl is needed all the time, the
Board could make the move next year He said once a
new girl is employed, she is never taken off
Mr. Burnell said the Board wants to make sure the
Assessors have enough help to get the bills out on time,
but did not want to have full-time employees who might
be working 75% of the year
Mr. Cataldo asked if the Assessors felt there is
100% efficiency in the office now, and Mr. Grush replied
that it is hard for him to tell
Mr McCurdy stated that the time he has been in there
he has never seen them sitting around doing nothing He
stated that there is a terrific amount of counter work
In the matter of half an hour the other day, Mrs. Sullivan
was at the counter half an hour. He explained that if
597
the dlerical records were up to date, these people, who
are certainly entitled to the information, could look it
up themselves
Mr. Crush said his Board feels that with a street
file and an atlas, the counter work would be cut down
The Chairman said if there are two or three girls
in the pool, the Assessors might know which one would
be better for their department .
Mr. Crush asked if ther is any possibility of get-
ting a girl before Town Meeting.
The Chairman replied that he did not see how it
could be done.
Mr. Gray said he would check with the Appropriation
Committee and also discuss this with Town Counsel.
Mr . Burnell said the Board 's thinking is that it
will provide the Assessors with another girl on a
pa-t-time basis, and if Mr Gray finds they need a
full-time girl, then the Board will give them enough
effort to provide for the full-time operati-n.
Mr. Gray said the Assessors want a girl for Janusry,
February and March.
Messrs. Crush and McCurdy retired at 10 :05 A.M.
Mr. Raymond L. White, Town Accountant, met with the
Board.
Mr. Gray explained that Mr. White is requesting
that the Senior Account Clerk be raised to strap four.
Mr White said last year a few girls reached step
four and there was a lot of dissension. He said he Town Ac-
thought she should be up there. countant 's
The Chairman asked how long she has been in this budget
particular job, and Mr. white replied she was doing
the same type of work when Mrs. Boleyn was there
Mr. Burnell asked, if something such as this ex-
isted last year, why it wasn't corrected last year
The Chairman explained that according to Mr. Evans ,
she should be a step down.
Mr. Gray said she was in the department, but not
in this particular job for six years.
Mr. Burnell said when a policy has been set up, the
Board does not want any variations, and the policy should
apply to the whole operation
Mr. White said he was trying to befir as far as the
Town and the individual is concerned. s'/The Chairman said Mr. white ha done what he could for
his help, the Board would decide and let him know.
The Chairman explained that, in reference to a new
clerk, the Board has in mind the creation of a labor pool
under the Board' s jurisdiction and the clerk would be
598
placed where she is needed when she is needed the most .
He said by doing this, they hope to cut down the request
for four or five girls to one or two
Mr. white said that would work out in some cases
In his department, he has the Appropriation Committee,
the Accounting and Retirement.
Mr. White retired at 10 :15 A M.
Mr. Raymond Barnes , Chairman of the Town Cele-
Town Celgb brations Committee, met with the Board. The budget
brations
Committee was discussed and the various items explained.
budget Mr. Barnes retired at 10 :25 A.M.
Mr. Irving Mabee, Chairman of the Planning Board,
met with the Selectmen
Mr. Burnell asked if some of the functions of the
Planning Board could be taken care of by a secretary
Planning labor pool He asked if much of Mr. Snow 's time was
Board not spent on high grade clerical work.
budget Mr. Mabee said thst Mrs Macomber is doing a lot
of work Mr. Snow was doing.
The Chairman asked if Mrs. Macomber was doing twice
as much work now as she was before and not getting paid
for it .
Mr Mabee said when Mr Snow left, her work was
away down
Mr. Burnell asked if Senior Clerk Stenographer was
her proper rating, and Mr. Gray replied in the affirma-
tive
Mr. Mabee retired at 10 45 A.M
Mr. Irwin, Building Inspector , and Mr Byrne, Plumb-
ing and Gas Inspector, met with the Board.
Inspection The Chairman asked how many plumbing inspections
budget were made.
Mr. Byrne replied 619 plumbing and gas combined.
The Chairman asked what is entailed in the gas
inspections.
Mr. Byrne replied about two hours a day.
The Chairman asked about the time per inspection
and Mr. Byrne replied the minimum is five minutes
Mr. Byrne said if he were an individual gas in-
spector, the minimum charge would be $7.00.
Mr. Cataldo asked if he hao many call backs, and
Mr. Byrne replied quite frequently
Mr. Sheldon asked if gas heating installation were
included, and Mr. Byrne replied in the affirmative.
Mr. Sheldon said the Fire Department has nothing
to do with gas, and Mr. Byrne said that was correct.
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Mr. Burnell asked if much of his work was on new
buildings, and he said there are a lot of replacements.
Mr. Cataldo asked about the qualifications for a
Gas Inspector
Mr Byrne explained that it just says in the Leneral
Laws that the Gas Inspector shall be a licensed Gas fitter.
Mr. Irwin suggested that the Gas Inspector and the
Plumbing Inspector be considered together and not separate
Mr. Byrne said he wants to be raised to My-7
Mr. Irwin Mentioned tht the help in his department
has all arrived at the maximum salary
The Board advised that it was aware of this fact,
and following a discussion on the subject, Messrs.
Irwin and Byrne retired at 11:!5 ; .M.
Messrs . Graham, Winlock and Healy met with the
Board relative to the Cemetery budgets .
Mr. Gray explained that the salary rate for the Cemetery
Superintendent was set and the rate for 1964 should be budgets
the same as 1963, according to the Evans ' report
There was some discussion concerning the $2,000
request for shrubs, seeds, fertilizer and loam. Mr
Healy is to prepare more definite information.
The meeting adjourned at 1 :05 P.M.
A true record, Attest
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/ xbiveClerSelec en
�l
SELECTMEN'S MEETING
December 9, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 9, 1963, at 7:30 P.M. Chairman
Cole, Messrs. Brown, Cataldo and Sheldon were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superin-
tendent of Public Works, and Miss Murray, Executive
Clerk, were also present .
Mr. Carroll asked about Christmas lighting for
the Town Office Buildings and was authorized to con-
tinue the lighting as in previous years.
Letter was received from Mr. Carroll, Town Clerk,
with a copy of an action of tort, attachment against
the Town of Lexington and Richard F. Spiers, $900. Action of
Mr. John Carroll said he has already referred tort
this to Town Counsel asit concerns an accident in-
volving a Town employee .
Later in the evening when Mr. Legro, Town Counsel,
was present, it was voted to authorize him to defend
Mr. Spiers.
The Chairman read a letter from C. F. Mistretta,
Chief Engineer, State( Department of Public Works, in
reply to the Board 's letter of November 7, 1963 rela-
tive to a change in the alignment of Spring Street. Relocation
It was agrFed to send a copy of the letter to of Spring St
the individuals who signed a petition for a deviation
in the layout .
Mr. John F. MacNeil, Chairman, and Mr. W. Dana
Bartlett, member, of the Lexington Association of Insurance
Independent Insurance Agents, met with the Board.
The Chairman read a letter from the Association Broker of
requesting the Board to sign an enclosed Broker of Record form
Record Form.
Mr. MacNeil said the Association has for some
time felt the overall Town of Lexington insurance
rates, not Town-owned property, the Town buildings,
commercial buildings, contents, etc. , because it has
been so long since the Town has been re-rated--they
were present this evening to speak on this in case there
was any misunderstanding He said a Broker of Record
form seems to be a formal document , but this does not
C'1d
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give the Asscciation any more than a library card would
give it. He said this would allow them to get the
facts as laid down by the New England Fire Insurance
Rating Association which is located in Boston. He
said they feel the Town rates can be reduced. He
said they would not, and the Board would not be com-
mitting the Town for any action. This would be
giving the Association permission to get the facts from
the Fire Rating Association. He said if there was any
feeling about cutting Brewer & Lord out , there is no
harm in naming them as two insurance companies can be
named. He said this could be cancelled at any time.
After they have had time to get these facts, there would
be nothing wrong with sending another letter to the As-
sociation cancelling out the Broker of Record authoriz-
ation. He said it could be handled by a letter from
the Selectmen to the Association telling them the pur-
poses that his group is driving at so they will be
given the proper information. He said he thought this
would be a help to the Town as a whole. He said the
Lexington Association has looked into this and still
feels there is a possibility the Town overall rates
can be reduced. He said they would come back to the
Board and tell it what they have found and see what
the Board's thinking about proceeding in some further
manner is.
The Chairman said as this form reads now, it states
"acceptance of the application by the New England Fire
Insurance Rating Association abrogates any former ap-
pointment, and precludes all but the representatives
named herein from discussing rates and forms with the
Association, until rescinded by us in writing. " He
said if the Board signs this, it would abrogate anything
the Board has done with Brewer & Lord.
Mr. MacNeil said it would if the Board didn't name
them also, but if they are named as well as the Associ-
ation, they have every authority to do what the Board
wishes the . to do.
Mr. Bartlett said he talked to Mr. Anderson of the
Rating Bureau and he said the Chairman of the Selectmen
must write a letter to the New England Fire Rating Associ-
ation and request an application for re-rating, then the
Town may give Broker of Record for discussion to an agent,
association or broker. He said in that case they would
have to name Mr. MacNeil as Chairman of their group. He
said the rating schedule establishing the Town's classi-
fication would be discussed only with the Mayor, Board of
Selectmen or such person authorized to represent these
officials . He said getting a Broker of Record would be
getting a library card to discuss with the Association
the advisability of having the Town re-rated111
The Chairman pointed out it would be after the Town
has requested it.
Mr. Bartlett said they can't do anything until such
time as a letter has been written by the Chairman of the
Board of Selectmen. In addition, they would like to
get a Broker of Record for discussion of municipal rates
only. He stated municipal rating is rating not of
town-owned property. He stated that if the Selectmen
would write a letter to the Municipal Department , attention
of John Anderson, the Lexington Association would like a
Broker of Record to look into re-rating of the Town.
The Chairman said the Board would take the matter
under advisement and let them know.
Mr. Cataldo asked if this would jeopardize the rating
the Town already has.
Mr. MacNeil replied that there is no danger in the
request .
The Chairman said there are two schools of thought
on that , and he was talking about the. minimum rating of
the Town.
Mr. Cataldo asked if it would work to the Town' s
disadvantage if the Lexington Association got into
this and the Town did not stack up as good as they
thought it would.
Mr. MacNeil replied in the negative and said he has
talked to several people and there is no iddication
that he knows of that there would be any increase
arrived at or change of classification authorized. He
said this is why they are approaching it in this manner
to get the facts before any action is taken
The Chairman pointed out that the Beard of Selectmen
would be making the initial request .
Mr. MacNeil said the request would be for facts con-
cerning the Town of Lexington classifications. He
said they have to be specific and all they would find out
from this is what is required of the Town of Lexington to
go into another classification and then they would come
back to measure their facilities against those.
The Chairman said then there would be a second request
made.
Mr. MacNeil said not unless they thought there was
a chance to beduce the rating. They would then suggest
that the Town request a re-rating.
Mr. Cataldo said the initial letter requests that.
Mr. MacNeil said the initial letter gives them the
facts available. The Broker of Record form would allow
them to discuss it .
Mr. Bartlett said the Rating Bureau will not discuss
this with the broker unless there is a request from the
Town to the Rating Bureau. It is necessary to have a
4 R ?,
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letter to the New England Fire Rating Association asking
for re-rating application. - They send an application.
With the Broker of Record, the Lexington Association
would be in a better position to go in and do a little
preliminary discussion.
Mr. Cataldo seid the first letter would be a letter
to readjust the Town
Mr. Bartlett said that was correct.
Mr. MacNeil said they need a letter and a Broker of
Record form.
The Chairman said the Board would take it under
advisement .
Mr. MacNeil said he was told on November 20 that the
Town wished to get some figures on a problem concerning
the Firemen and Policemen He said Mr. Lyon talked to
Mr. Gray and obtained the details from him. He said he
has a couple of answers - they are not conclusive, but
Mr. Bartlett has a quotation. He said they found that
most companies feel that there is a possibility of in-
Insurance equitable quotation for this coverage because of State
laws. He said he has a letter made from replies of many
companies stating that this idea ahoulid be abandoned be-
cause of the Statute and the implications of Blue Cross
and Blue Shield.
The Chairman explained that the Board has asked
Mr. Gray, the Executive Assistant, to handle this and
would like to have it channelled through him.
Messrs. MacNeil and Bartlett retired at 7:55 P.M.
The Chairman read a letter from Mrs. Mary E. Casey,
Social Worker, Bureau of Old Age Assistance, requesting
Transfer a transfer of $50 from the Gemmel Trust Fund to purchase
plants or gifts fDr recipients confined in hospitals or
nursing homes.
Upon motion duly made and seconded, it was voted
to request the Trustees of Public Trusts to transfer the
sum of $50 from the Jonas Gemmel Trust.
The Chairman read a letter from the Board of Fire
Commissioners requesting a transfer of $260 to the
Ambulance Account; $200 for replacement of the wind-
shield, and $60 for gas and oil.
Transfer Mr. Cataldo said the cost was $140 for the wind-
shield.
Mr. Sheldon said he recalled that they were told to
get an estimate.
Upon motion duly made and seconded, it was voted
to request theAppropriation Committee to transfer the
sum of $260 from the Reserve Fund to the Ambulance Account .
it
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on December 2, 1963.
The Chairman read a letter from Mr . William Roger
Greeley with reference to appointments to the Lexington Lexington
Housing Authority. Housing
Mr. Sheldon suggested, and the Board agreed, to Authority
bring names in to the next meeting for consideration.
Upon motion duly made and seconded, it was voted
to certify the characters of Charles S. Johnson, 307 Certificate.
Bedford Street and George F. Walker, 22 Douglas Road, of Incorpo-
who have applied for Certificates of Incorporation ration
The Chairman read a letter from Governor Peabody
relative to appointment of a representative to the Metropolitax
Metropolitan Area Planning Council. Area Plan-
The Chairman stated that there is someone in Town ning Council
who has been very, very intereted in the planning
and he would put his name in for nomination, but he
did not know if he would take it
Mr. Cataldo said this could be of some help to
the Town and he would be willing to take it .
The Chairman said he had not thought of a member
of the Board being appointed
Mr. Cataldo said whatever the Board could do in
this area would be a help.
The Chairman said he would like to think about
this a little bit, and Mr. Sheldon suggested deferring
action until Mr. Burnell is present .
Mr. George P. Morey, Chairman of the Board of Re-
tirement, Captain Walter Spellman, a member of the Hoard,
and Mr. John P. Blaisdell, a member of the Appropriathn
Committee, met with the Selectmen.
Mr. Morey stated that the Retirement Board records
have just been examined by the State . Mr. MacPherson, Retirement
an examiner called him and was very critical of the Board
records of the Retirement Board and critical of the
operations of the Accounting office. He was not
critical of either the Accountant or Treasurer and
said the Town has been economical to the point in the
Accounting office where their records have not been
well kept.
Mr. Morey said he would like the Board of Selectmen
to request to have at least half a clerk more to take
care of the Retirement Board needs. He reported that
Mr. White, Town Accountant, has worked far beyond the
' call of duty trying to bring the records up to date, and
he would like Mr. Gray to make some comments on what he
has learned
ik
Mr. Gray reported that Mr. Morey called him and
asked him to speak to Mr. MacPherson while he was here.
He said Mr. MacPherson was not critical of Mr . White,
but felt there has been insufficient time put on the
records, and this could be because there is not enough
help. He feels Mr White has done all he can be ex-
pected to do, but additional help is needed. He also
feels that the records are in such a condition that there
is more help needed in that office to bring them up to
date.
Mr. Sheldon asked how much time was needed.
Mr. Gray said he assumed it would take half a dayl.
whether it would be half a day every week or not he did
not know. He stated that this is not a job to be done
when there is time to fill in.
The Chairman said the Board has been thinking of a
labor pool.
Mr Gray said he thought this could be worked out.
Mr. Blaisdell said he talked to Mr. MacPherson and
there is no question but that the records are inadequate.
He said he would stress that there were no adverse comments
as to the Town Accountant or Town Treasurer. He reported
that Mr. White has been more than eight hours a day ever
since he took this position. He said it is not up to
the auditor to tell the Town what to do but merely to
report the facts as he sees them. The Town Accountant,
acting for the Retirement Board, has made necessary but
very limited records, and because he has not had sufficient
time, has gotten behind on the records. He said there is
no question but there is need of h half time girl. He
said he has not had a chance to investigate, but he did
feel there is need for another girl at least half time
because the Town Accountant is putting in excess of the
number of hours required He said this does not take
into account the excessive hours in the year and closing
with Town reports to be written, Appropriation Committee
help and all the other forms of closing of the books.
He proposed thttt consideration be given to adding an addi-
tional clerk on a full-time basis to the Accounting De-
partment, 50% of which would be for Retirement Board functions
with the idea that the records would be kept up to date
and added to as they should be. He advised that when
the State examiners finish the audit in six or seven weeks,
they will have the books right up to date but this will
not bring up the name, address or any back history. If
the Board goes until April and asks for help at Town Meet-
ing, there is no reason to believe the records will be
any better, due to the lack of help. He said he has
broached the subject to the Appropriati¢bn Committee and
feels they would go along with the idea of additional
help starting now.
F
The Chairman asked how to accomplish paying for addi-
tional help this late in the year, and its effects on the
first three months of next year
Mr. Blaisdell said since this would be an addition
to the Accounting Department, the department has a
history of adding employees. He said this would be
an additional clerk and he felt the Committee could trans-
fer funds as it is not the creation of a new position as
such.
The Chairman said this is getting borderline.
Mr Sheldon said it could be viewed as an emergency
appointment
Mr. Gray asked if it could be vidwed as a part-time
job.
Mr. Blaisdell said the budget would not call for
an additional clerk, but will merely ask for X number
of dollars.
Mr. Sheldon pointed out that funds would have to
be transferred for the first of the year
Mr. Blaisdell said regardless of a secretary ppol,
they need an additional girl. He said he thought it
was essential that the Town recognize that Mr. White is
putting in more than eight hours a day in order to achieve
1 the results the Town is getting Mr. Sheldon said the pool situation might work out
after the emergency is past . If at a later date, the
Retirement Board still wants the half-time girl, they
still have her; it being just a matter of handling it
Mr. Morey said the Lexington Retirement Board has done
better than any other Retirement Board in the State and
he wants the Board to know that it will be criticized
He said Mr. White has done a twelve hour day for as long
as he can remember and he should have more help, and he
did not care how it was done
Mr. Cataldo asked if the new Burroughs setup would
relieve this any
Mr. Gray said it should make it easier in keeping
the account records up to date, but whether it would do
the entire picture, he did not know. He said he has
talked to Mr. MacPherson about this and they think it will
help.
Mr. Cataldo said if a permanent girl is employed
there, she is there. He suggested a temporary girl and
see how it works out.
Mr. Blaisdell said it would be better from a technical
point of view to put in a temporary girl, but not to put
her on with the idea that come May or some other date,
she will not be available . He said from what he has
seen and been told, additional help is needed. He said
he was not against a pool as long as there was someone to
help on the Retirement Board.
4 ,
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Mr. Cataldo said right now theyprobably could use
girl, but with the new system,
a full-time accounting
a full-time girl would not be needed and one could be
taken from the pool. Mr . Cataldo was in favor of tempo-
rary help until it has been determined what the new
accounting system will accomplish.
The group retired at 8:30 P.M.
Mr. Paul J. McCormack, attorney, and his client,
Mr. Diran Semonian, met with the Board.
Mr.MoCormack said apparently there is some work
going on in the area of Mr. Semonian's property, and
he did not know if the Board was familiar with it or
not. Mr.MdCormack presented plans and indicated the
direction the work has proceeded.
Mr. Semonian said the distance drained now is 3/10ths
of a mile .
Semonian Mr. MacCormack said at the present time, there is no
Drainage real problem. His client has two saleable lots.
Mr. Carroll said the land was not recorded, and Mr, .
Semonian said that it is recorded.
Mr. Carroll said it would have to be recorded at
least by 1950 because of the zoning change in 1954•
He said he had a copy of the Assessors ' plan and there
are no lots. The Assessors ' book does not show them. 111Mr. McCormack presented pictures taken of the land
before the most recent heavy rain but after a rain storm.
Mr . Semonian said any time after June 1, it is dry
and could be used until late in October. He said
before there was about 100 feet of highway carrying water
in there and now there will be five or six times that .
There will be 2,000 feet as against 400 feet of highway
surface water running in there. He said he and Mr.
Carroll walked almost the full length of the area and
a truck could be drive through there. He said he has
sold lots 3, 8, 9, and 10. He also said the water
would flood his leaching field.
The Chairman said as he understood this, if the pro-
ject is completed, his client will seek damages
Mr. McCormack said that was correct, and he thought
it would be a good idea to discuss it as no one knows
what the final damage will be.
Mr. Semonian was concerned from a health angle and
said ther is no sewer in the street and the water will
run into Vine Brook. It will go through Mr. Sherman's
property into the Cataldo farm and then into Vine Brook.
Mr. McCormack suggested that this just be a prelimi-
nary look at it and said Mr . Carroll may have some other
thoughts. He said he and his client were available if
9
s
I the Board wants to discuss it on any terms, what it thinks
is proper and just. He would have an opportunity to go
over it with his client and see if he agrees. He said
if two lots were eliminated as building lots, this would
be worth something to his client. He said any time the
Board wanted a further discussion or any other information,
it could let him know He said if something mould be worked out,
he,, thnught that would be better
Messrs . McCormack, Semonian and Carroll retired
at 9:00 P.M.
Upon motion duly made and seconded, it was voted to
grant the following licenses
Robe$ Ross , 7 Perham St. , Bedford Taxi Driver
Eugene A. Heighton 9 Tucker Ave , Lexington " "
Harvey Adams Crystal St . , Pinehurst II ft
Richard Khachadoorian 442 Waltham St. , Lexington " "
Herman Kilpatrick 59 Farmorest Ave , Lexington "
Ernest F. White 81 Woburn Street, Lexington " "
Richard Spiers 27 Susan Dr. , Billerica " "
Richard Conniff 32 Lincoln St . , Lexington " "
Warren J. Modoono 191 Woburn St . , Lexington " "
Connors Bros. , Inc. 1700 Mass . Ave . , Lexington Package Goods.
* Randall L. Coyne, 323 Woburn St. , Lexington Common Victualler
II Upon motion duly made and seconded, it was voted
to deny Mr. Warren J. Modoono 's application for a Licenses
Taxi Driver's license.
,
Upon motion duly made and seconded, it was voted
to reappoint Mr. John F. McCurdy to the Board of As- Appointment
sessors for a three-year term expiring January 1, 1967.
Three letters, dated November 22, 1963, received
from Brawer & Lord pertaining to insurance matters,
were held over. Insurance
Mr. Gray reported that he received a telephone call
from Mr. Norman Stolz who said he would like to hear
from the Board as soon as possible.
Upon motion duly made and seconded, it was voted
under the package policy, to carry burglary insurance
on twelve schools, both libraries, Town Office Buildings,
and the School Administration Building for an annual
premium of $253.
Upon motion duly made and seconded, it was voted
to carry insurance on a Replacement Cost basis with
$1,000 deductible.
Upon motion duly made and seconded, it was voted
to carry automobile liability insurance covering a
* Harvey J. Comrie,Village V riety 93 Mass. Ave Common Victualler
Bellino 's Coffee & Donut 141 Mass. Ave . " "
Penguin Ice Cream Co. " "
g 135 Mass Avenue 'T ��
Francis Napoli , Hancock Market 6 N. Hancock St .
I
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schedule of 71 vehicles, plus the fire apparatus, with
$1,000 deductible on Bodily Injury - $5,900.
Mr. Gray reported that Mr. Norman Stolz, of Brewer
& Lord, called him today, The question came up about
vandalism. The $14,100 policy covers $19,000,000.For
Vandalism $11 ,900, which is less than what the Town is paying, it
Insurance could put them all under an All Risk clause which covers
vandalism, water daAage and sprinkler. This has a $1,000
deductible.
Mr. Brown said that all the sprinklers have alarms,
and if the sprinklers go off, the Fire Department would
be there is a very short time. He asked if the $800
included contents ; if so, it might be worth it .
Mr. Gray said Mr. Stolz did not mention contents.
The Chairman said if it included contents, he would
be in favor, but if the contents were not included, he
would not be in favor.
The Chairman read a copy of a letter written to the
Appropriation Committee by the Planning Board, requesting
a transfer of $1,000 to the Planning Board Expenses Account.
The Planning Board was unable to obtain the services of a
Senior Planner during the last six months in 1963, and,
as a result, will return to the Town at least $5,000 of the
appropriation for Personal Services. In the absence of '
Transfer a Senior Planner, it was necessary to have a Planning
Consultant and therefore, the Board was requesting an
emergency appropriation.
Upon motion duly made and seconded, it was voted
to request the Appropriation Comn.ittee to transfer the
sum of $1,000 from the Reserve Fund to the Planning
Board Expenses Account.
It was agreed to invite Mr. Snow to meet with the
Board on Monday, December 16, 1963, relative to the
development of the Center Playground area.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating, or voting on matters, which, if made public,
Executive might adversely affect the public security, the financial
Session interest of the Town, or the reputation of any person.
Following a meeting with Chief Bycroft, Mrs. Eleanor
M. Boyle, a Policewoman, and her attorney, Mr. Thomas C.
Menton, it was voted to resume the open meeting.
Mr. Brown left the Selectmen's table and, speaking
for the Minute Man Park Realty Trust, asked what steps
are to be taken by the Trust to get an article in the
warrant for the Annual Town Meeting in March He said
he thought the Board was agreeable to transferring the
Old Fire Station Site for something in the neighborhood
of 1,000 feet, and asked if he were correct in thinking
that the Board agreed to make an even exchange.
The Board wrs in agreement .
Mr. Brown said he thought this was something the Board
should resolve very soon because there is an offer pending
on the Hunt property.
Mr. Legro said he would like to know what the Board
plans to do .
Mr. Sheldon said there is to be an even exchange .
The Chairman referred to a discussion earlier in
the evening with Mr. MacNeil and Mr. Bartlett relative
to signing a Broker of Record form and said he had
some res2rvations on this . Broker of
Mr. Sheldon said he also had reservations. Record form
Mr. Cataldo said he wanted a guarantee that it
would not affect the Town's rating.
Mr. Sheldon said if he were Brewer & Lord, handling
the Town's insurance business , he would want to be con-
sulted before any such action was taken.
Mr. Cataldo said the Town is entitled to a good
rating.
Mr. Gray said the Town has an excellent rating and
he would not like to have a re-rating.
Mr. Brown said if it is possible for the Board to
give them permission to explore the system used to
arrive at the Town's present rate, it is on record and
it would be all right to take a look at that.
Mr. Cataldo said the statute was for an application.
Mr. Sheldon said he would rather not do anything
until the Board gets an opinion from Brewer & Lord.
The Chairman suggested that Mr. Gray call Brewer &
Lord and also call the New England Fire Insurance Associ-
ation to get the rules and report back to the Board next
week.
Mr. Sheldon asked if this would tend to make them
look it over above and beyond the Board 's interest, and
asked if the Board would be taking any chance by asking
for this.
There was no further discussion.
The meeting adjourned at 11:03 P.M.
A true record, Attest : 1/
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kfecdtiv ler , Selec ''.en .-- n
11 17,'
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SELECTMEN'S MEETING
December 14, 1963
A special meeting of the Board of Selectmen was
held in the Selectmne 's Room, Town Office Building,
on Saturday morning, December 14, 1963, at 9;00 A.M.
for the purpose of discussing 1964 budgets . Chairman
Lincoln e. Cole, Messrs. Cataldo, Burnell and Sheldon
were present. Mr. Gray, Executive Assistant, and
Miss Murray, Executive Clerk, were also present.
Mr. Burnell arrived at 9:40 A.M.
The Board of Fire Commissioners met with the Board.
1 Mr. Cataldo mentioned that, according to the budget,
Fire Com- the Commissioners were asking for eight men
missioners ' Mr. Fitzgerald explained that three men are for
udget coverage and five are for the 50.4 hour week
Mr. Cataldo said he would not want to give them
$6300 and than go th the 50.4 hour week at one time
as he felt the Town couldn't afford both. He said
he would be in favor of giving the men more money
and keeping the hours as they are.
Mr. Robbins explained the eight men will give a
II
shorter work week, plus an additional man at head-
quarters at all times and an additional man at East
Lexington. He said the Commissioners feel the addi-
tional manpower is more essential than the shorter
work week. However, they have a package deal which
works out very well. He said the Town cannot be
covered with the present number of men. He said if
the Board approves five men, the department can go
to the 50.4 hour week. If the Board does not want
to go to the 50.4 week, the Commissioners can, with
five men, have extra coverage at each station. However,
both will require eight men; three men would be useless
on the present shift
Mr Sheldon asked how many men were on limited duty,
and Mr. Fitzgerald replied that there are six at the
present time.
The Chairman said putting on five men would give
the coverage which the Commissioners think is most
important. He stated that if the Board is thinking
of doing anything, the number one is to put on five
men.
Mr. Robbins said that w s correct .
Mr. Fitzgerald said that within a period of two
years, there would be both.
I
Mr. Cataldo asked about the men who work on holidays .
The Chairman asked if they were given time off or
money.
Mr. Fitzgerald replied that they do not give any
extra money.
Mr. Cataldo said the police and fire working with
a schedule should be entitled to the ten days and not
upset the schedule.
Mr. Gray mentioned that the Bond has already voted
that the police and fire would be entitled to the same
number of holidays as other Town employees.
The Commissioners retired at 10:15 A.M.
W. Arthur Burrell and Chief John W. Rycroft met
with the Board.
The Chief said he would like to put Mrs . Desmond on
duty Monday to fillthe vacancy at the Fletcher Avenue Policewoman
crossing and have the cruiser take care of the Oak Street
crossing. He explained that if he does not put her on
now he will not be able to put her on the first of next
year.
The Board had no objection.
Mr. Cataldo said the Board would like a standardi-
zation of the radios .
Mr. Burrell said the Chief understands the situ-
ation.
The item for 16 policewomen was increased from
$19,250 to $19,437.50
Chief Rycroft was requested to obtain an estimate
on cruiser replacements.
Chief Rycroft and Mr. Buvrell retired at 10:10 A.M.
The Recreation Com ittee and Mr. Bertini met with Recreation
the Board. Committee
Mr. Kelly said the committee is asking for reclassi- budget
fication of three people.
The Chairman asked if they were classified under the
Evans ' report.
Mr. Kelly said in the swimming pool, they have every-
one classified the same as instructors. There is a super-
visor who should be classified independently, and the Com-
mittee is asking for an MW. It is asking to have two In-
structors classified upward and they will be required to
have a Red Cross Certificate. These two would be one
grade higher, MW 4 and 5 instead of MW 3 and 4.
Mr. Kelly said that there was a Supervisor but he
was called an Instructor and the Committee is akking now
to introduce this position.
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The Chairman asked if they were requesting a new
position.
Mr. Kelly said this year they paid a weekly salary
and had the man work extra hours. They paid this man
$80 a week. They are now asking for $70 a week start-
ing, $75.00 the second year and $80 the third year.
This is what they did this year but they paid him weekly
and then paid him for overtime. All they did was to pay
what was paid the year before the vans' report was in ex-
istence. He said they do not have a classification for
that position.
Mr. Burnell asked if the Committee was creating a
new position.
Mr. Kelly replied on paper, yes .
Mr. Burnell said he wanted to be sure the Committee
was not trying to pay a better than qualified Instructor
He said the Committee appeared to be trying tojustify
this by creating a new position and this to him was wrong.
Mr. Kelly said the Committee wants to pay the top
man at the swimming pool the going rate of what Super-
visors normally get. He said next year, they would not
be able to hire a Supervisor.
Mr. Burnell asked why this wasn't discussed when
the Evans ' Report was made.
Mr. Kelly replied partly through an oversight and
partly by misunderstanding. He said the fact that
there Vhould be a man at the pool all the time was
ignored. He said the Swimming Pool Supervisor posi-
tion should have been in the Evans ' Report .
Mr. Kelly said there are five instructors at the
pool and the pool is a place where an extremely qualified
person is needed. They would like to have the next two
people go up one rate because they want the right-hand
man and right-hand girl to pass the Red Cross course.
The Recreation Committee retired at 11:1+5 A.M.
Upon motion duly made and seconded, it was voted
Meeting to hold a Special Meeting in the Selectmen's Room on
Saturday, December 21, 1963, to continue work on 1964
budgets.
The meeting adjourned at 12:20 P.M.
A true record, Attest:
,,,Z ),,i'lJ7 Al 4f
w eeive� �ler: , Select +"en
I
15
SELECTMEN'S MEETING
December 16, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 16, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Cataldo, Burnell and Sheldon were present.
Mr. Legro , Town Counsel, Mr.Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Miss Mary R. McDonough, Assistant Town Clerk, met
with the Board for the drawing of two jurors. The fol-
lowing individuals were drawn for jury duty: Oscar W.
Krichmar, ?3 Asbury Street, and H. Ger Smith, 250
Waltham Street.
Miss McDonough retired
Mr. Legro said he had a deed, which he would like
the Board to execute, conveying lots 63 to 66, inclusive,
on Rawson Avenue to Joseph D. and Lucille Augustine. Tax title
Upon motion duly made and seconded, it was voted
to execute the deed, prepared by Town Counsel, convey-
ing tax title lots 63 to 66, inclusive, Rawson Avenue,
to Joseph D. Augustine and Lucille Augustine.
Mr. Carroll reported that he has a balance in the
Snow Removal Account of approximately $1,000, and sug-
gested that a transfer of $10,000 be requested for the
balance of the year Transfer
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $10,000 from the Reserve Fund to the Snow Removal
Account .
Letter was received from the Mystic Valley Gas
Company, requesting permission to locate a 2" welded
steel gas main in Grapevine Avenue. Mr. Carroll had
no objection. Gas main
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company
to locate a 2" welded steel gas main in Grapevine Avenue
to serve six new homes, the extension to conform to Mr.
Carroll's specifications and subject to his approval
The Chairman read a letter from the First Church of
Christ Scientist asking to have the walk in front of the
church on Forest Street plowed each time the walk on the
Myzzey Street side is plowed.
cl
Mr. Carroll said the problem here arose the first
storm. They called, but he did not pick snow up there
the first storm. He explained that if he did not pick
Snow Removal up the snow, just plowed it with a sidewalk tractor, it
would complicate the problem. Most of the snowstorms
there is only one sidewalk plowed and one left. He
said during minor storms, the snow is not picked up, but
when they are lifting snowy they will pick it up.
Petition was received, signed by residents of Bedford,
Shirley and Tewksbury Streets, with suggestions pertaining
Traffic to traffic control on Bedford Street at Worthen Road and
Bedford Street at Harrington Road.
Mr. Carroll reported that the Traffic Study Committee
has discussed the traffic situation, and has also discussed
it with the State Department of Public Works. He has
written to the State asking for a traffic study at this
and other intersections along Bedford Street.
Mr. Burnell said Mr. Gray was acquainted with this
subject and could write a letter conveying the information.
He explained that the Committee is working onthe traffic
on Bedford Street up to Hartwell Avenue.
The Chairman read a letter from Brewer & Lord, to-
gether with a list showing the percentage participation
Insurance of the various Lexington agents for the year 1962.
Mr. Brown moved that his name be stricken from the
list.
Mr. Sheldon said he thought it was the intent of the
Board that commissions be confined to brokers in Lexington
who are maintaining offices here .
The Chairman said another approach would be to con-
tinue the status quo, always facing the problem of adding
more names. He said the third approach would be two differ-
ent outfits, one insurance firm and one group of insurance
agents; one or the other would have received all of the
commissions. He asked if the Lexington agents would give
these people the right to share in it if they had received
the Town's insurance and been given the right to handle it .
Mr. Cataldo said he understood all the insurance
would go into a pool.
The Chairman asked, supposing this had gone out to bid
and one firm obtained the bid, if there would be any question
who got the business.
Mr. Burnell said it would be just that firm.
Mr. Cataldo said then the bid price would be to the
Town's advantage. He said there is no reason why this
insurance commission should be distributed. He said the
Town should go after the best possible premium and let
whoever writes it get the commission. He said whoever
1
writes the business is entitled to the profit and the
Town is entitled to the best premium.
The Chairman said by putting it out , it may be
possible to get a low bid and regret it afterwards.
Mr. Cataldo said anything could be put out to bid
and not come up with the right company
Mr. Brown explained that a five-year premium could
not go out to bid each year .
Mr. Cataldo said it could be put out on a five-year
policy.
Mr. Sheldon asked how many other persons would qualify
as being residents having duly authorized places of busi-
ness.
The Chairman replied he thought there was just one.
Mr. Brown said he could think of only one, Beckwith.
Mr. Sheldon moved that, in relation to the 1963
commissions, the percentage arrangement between Brewer &
Lord and participating brokers remain the same and the
brokers in Lexington be confined to those residents of
the Town maintaining legally established businesses here.
Mr. Cataldo asked why he would confine it to a
resident maintaining an office here and doing business .
Mr. Sheldon replied he would change it if this is
the way the Board feels. He did not realize that he
was excluding any members of the Association, and would
delete the "residents of Lexington".
The Chairman asked if he thought it was fair that
the company doing all the work receives 30% and the
others receive the remaining 70%.
Mr. Cataldo said they were willing to go along.
The Chairman said if he were doing all the work and
all the servicing, he would not want any part of the
3O% - 70%.
Mr. Cataldo said they came in and argued to maintain
it He said he considered it fair, because this is what
they propose.
The Chairman said they did not propose it considering
putting everything in the pool.
Mr. Gray said he was meeting tomorrow with Mr. Stolz
and would try to clarify this .
Mr. Cataldo requested him to ask Brewer & Lord what
they think is fair and equitable .
The Chairman said he thought each year the Board would
have one or more different groups trying to get the Town 's
business and will have to reach the point where the outfit
that gets the business will get the commission. He said
he personally did not believe a 70 - 30 split was fair.
Mr. Sheldon suggested that Mr. Gray find out what
Brewer & Lord thinks about it
The motion was withdrawn and the subject held over.
Mr. Legro retired at 8:00 P.M.
18
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The Chairman read a Proclamation, received from
the City of Cambridge, relative to priorities of M.D.C.
Proclamation Highway construction
Mr. Gray agreed to contact the City Manager in an
effort to obtain more definite information pertaining
to the Alewife Brook Parkway.
The Chairman read a letter from William E. Maloney,
Treasurer of the Emerson Gardens Realty Corp. advising
that it is desirable to have the apartment complex lo-
Emerson cated off Maple Street officially known as Emerson
Gardens Gardens.
Mr. Carroll presented a plan of Emerson Gardens
and stated that about two years ago, he had a nutering
system worked out for Emerson Road and started with al
up at Peacock Farm Road. When he reached this area,
the numbers were 144 to 162 on the left-hand side of the
road. This garden apartment has nine buildings and will
have nineteen buildings, and at the time, 160 was assigned
to the entire area at the request of the architect. Each
building has a separate mail box and the mail is not being
delivered. The Post Office has suggested that this coal-
' plex be named the Emerson Gardens and then the corporation
will number the apartments.
Mr. Sheldon asked if there was any objection to that
and Mr. Carroll replied in the negative. He stated he
did not want to proceed without clearing it with the
Board. He said there would be no number for Emerson
Gardens, but the apartments will be given a number
Upon motion duly made and seconded, it was voted
to officially designate the garden apartments at 160
Emerson Road as Emerson Gardens, the Engineering Depart-
ment to notify the Post Office and other appropriate
Town Departments.
The Chairman read a letter from the State Department
of Public Works advisingthat the sum of 100.86 has
$35,
been made available for the Town of Lexington under Chapter
g �P
718, Acts of 1956, and conforming with the amounts apportioned
under Chapter 782, Acts of 1962.
Highway Mr. Carroll said it might be a good idea to go further
Funds with Massachusetts Avenue, and Egreed to look into this .
The Board was in favor of continuing work on Massachu-
setts Avenue if the money is available.
Decision, relative to the Lexington Association of
Independent Insurance Agents ' request for theBoard to
sign a Broker of Record form,was held over.
Mr. Gray reported that he talked with the Rating
Association, and there seems tobe some confusion.
9
Mr. Anderson said the rating bureau would not talk with
anyone except theBoard or anyone with a letter from
the Board. There is a difference between a rating and
a grading. Mr. Anderson said they do not discuss one Broker of
phase of the operation of one department with another Record form
department when they come into a community to regrade
He did not know anything about the Broker of Record
form and said if the Board wanted to, it should write
a letter to the group to discuss Town rating which he
said is very rarely done. Sooner or later they will
,_et around to grading Lexington anyway; whether it will
be this year, next year or five years, he could not say.
However, they will do this whether the Town aske for it
or not .
Mr. Sheldon said there was little or no point to
the request made of the Board.
Mr. Gray said, in his opinion, there would not be
much point to it. Mr. MacNeil called him today and
discussed this. He said he did not personally talk
to Mr. Anderson and did not understand it this way.
Mr. Sheldon said that since Mr. Gray is going to
talkrto Brewer & Lor d anyway, he personally did not
think the Board should sign this form unless Brewer &
Lord felt it good business to do so. He said he would
like Brewer & Lord's opinion.
Mr. Gray reported that Mr. MacNeil would like to
bring in experts in this field of regrading to discuss
it with the Board.
Upon motion duly made and seconded, it was voted
to take no action.
Mr. Carroll retired at 8:20 P.M.
The Chairman read a letter from the Board of Health
relative to replacement of equipment for the Lexington
School Dental Clinic. Transfer
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $1,000 from the Reserve Fund to the Dental Clinic
Expenses Account .
The Chairman read aletter from the Town Celebrations
Committee advising of a meeting on December 19 for the
purpose of discussing coordination of Veterans ' Day and Meeting
Memorial Day programs .
The Chairman stated he has already agreed to attend
the meeting.
Upon motion duly made and seconded, it was voted
to establish the sum of $86,500 as the amount not less
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than which the 1964 bond of the Treasurer shall be written;
$111,000 as the amount not less than which the 1964 bond
Bonds of the Collector of Taxes shall be written, and $1,800
as the amount not less than which the 1964 bond of the
Town Clerk shall be written.
The Chairman read a letter from Mr. Irwin suggest-
Appointments ing names for appointment to the Standing Plumbing and
Building By-Law Committee.
Appointments to the Committee were held over.
Appointment of a representative to the Metropolitan
Area Planning Council was held over .
Mr. Sheldonsaid the first decision to make was
whether the appointment is to be made from the members
of the Board or not .
Mr. Burnell said if it is to be made from the
Board, he thought the Chairman should be appointed for
Appointment a period, at least .
The Chairman said he would be willing to accept
the appointment until more definite information is
atailable He said he would take it as a temporary
appointment.
Upon motion duly made and seconded, it was voted
to appoint Lincoln P. Cole, Jr. , Chairman of the Board
of Selectmen, to represent the Town of Lexington as a
member of the Metropolitan Area Planning Council.
Appointments to the Lexington Housing Authority
were held over.
Mr. Sheldon said he thought the Board owed ., Mr.
Greeley an opportunity to go on that Authority and
Lexington is more than entitled to this opportunity if he wishes
Housing to serve. He said it was not his impression that Mr.
Authority Greeley word refuse.
Mr. Burnell said if he is willing to accept ap-
pointment, he thought he should be asked
Actual appointments to the Authority were held
over, but the following names were submitted for con-
sideration: Temple Scanlon, William Roger Greeley,
Edwin Bennett, A. W. Rhuby, Walter Phoenix, Stillman
Williams, Norman Richards .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on December 9, 1963.
At 8:45 P.M. , the Appropriatinn Committee and the
Capital Expenditures Committee met with the Board.
Mr. Gary, Chairman of the Capital Expenditures
I
Committee, discussed an assembly of figures submitted
to his committee by various departments and reported
at length on recommendations the Committee proposes.
The group retired at 9:34 P.M.
Upon motion duly made and seconded, it was voted
to approve the following licenses : Licenses
Motels Management, Inc . 1720 Mass. Avenue Innkeeper
Minute Man Restaurant 1715 Mass Avenue Common Victualler
Auto Engineering, Inc . 436 Marrett Road 1st Class Agent
Morris Motors 14.00 Waltham Street 2nd Class Agent
George W. Blaisdell 31 Mague Avenue Taxi Driver
West Newton
Robert W. Hawkins 2 Partridge Terr n n
William E. Anderson 653 R Lowell Street n n
Isabelle M. Kitson 847 Mass . Avenue " "
Richard W. McLellan 1843 Mass. Avenue " "
(All subject to satisfactory references being received
from Chief Rycroft. )
Robert B. MacIver 24 Woodcliff° Road " "
Don A. Ericksson 41 Preston Road " "
Alan J. Carine, Jr. 77 Bedford Street " "
II David L. Setterlund 12 Utica Street " "
Letter was received from the Metropolitan Building
Movers Co., requesting permission to move a building from
2 Pilgrim Road, Arlinton, to 21 Woburn Street, Waltham. Permit
via Route 2 to Blossom Street, left on Blossom Street to
Waltham Street, left on Waltham Street to Lexington Street,
at the Lexington-Waltham line .
Mr. Carroll said he would go over the route with the
Chief of Police.
Upon motion duly made and seconded, it was voted Town
to hold the Annual Town Meeting on Monday, March 16, 1964.Meeting
Upon motion duly made and seconded, it was voted
to establish January 20, 1964 as the closing date for
the warrant for the Annual Town Meeting.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discus- Executive
sing, deliberating, or voting on matters, which, if made Session
public, might adversely affect the public security , the
financial interest of theTown, or the reputation of any person
The meeting adjourned at 10:20 P.M.
IIA true record, Attest c �
� cxftive Jerk Selectt
r A
2 2R
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ol
SELECTMEN'S MEETING
December 23, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 23, 1963, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Sheldon and Cataldo were present. Mr.
Carroll, Superintendent of Public Works, and Miss Murray,
Executive Clerk, were also present . Mr. Legro, Town
Counsel, arrived at 8:45 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: Ernest L.
Carpenter, 4 Cutler Farm Road, and Neal B. Hayes, 19
Sky View Road.
Mr. Carroll retired.
Mr. Carroll, Superintendent of Public Works, pre-
Garbage sented each member of the Board and Mr. Legro with a
preliminary draft of the garbage contract.
Upon motion duly made and seconded, it was voted
to grant the petition of the Boston Edison Company
Pole and the New England Telephone and Telegraph Compay
location and sign the order for the following pole location:
Emerson Road, northeasterly side, northwesterly from
a point approximately 120 feet northwest of
East Street, --
Two poles. (Two existing j/o poles to be
removed. )
Request for permission to move a building, received
from the Metropolitan Building Movers Co. , was held over
Permit pending receipt of report from Ni". Carroll
Mr. Carroll reported that he and Chief Rycroft had
gone over the proposed route and had no objections .
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Building Movers
Co. to move a dwelling from Route 2 to Blossom Street,
left on Blossom Street to Waltham Street, left on Waltham
Street to Lexington Street at the Lexington-Waltham line,
subject to the usual conditions.
Mr. Carroll stated that he thought the new Plumbing
and Building By-Law Committee should be notified about
23
the decision of the Board that in the future the Plumbing Garbage
By-Law should be amended so that all new homes connected disposals
to the sewer should have garbage disposal units. He also
said the plumbing should go out the front of the new houses
so that any sewer main in the street can be connected in
the future .
In discussing the 1964 sewer budget with Mr. Carroll,
it was agreed to obtain a letter from the Executive Health Sewer
Officer listing the requests in the order of their urgency budget
based on deficiencies and problems encountered by the
Board of Health.
Letter was received from Carl Blake, Chairman of
the Town Meeting Members Association, relative to Town
Meetings, a copy of which was sent to the Board and Town
Counsel
Mr. Blake was present at the meeting and said that
the keeping of precise records of Town Meetings would Town Meet-
be very helpful and would give a record to be referred ing
to whenever a question came up. He said if there Members re
were questions at a future time, one would have more Town
than memory to go on. He said there would be a cost Meetings
but he thought it nominal and well worth it.
Mr. Blake said the second item is relative to the
establishment of a policy of airing By-Law changes and
similar actions prior to the formal public hearings.
Mr. Sheldon said this does not require any mechanics
other than those that exist and would be a dissemination
of information
The Chairman explained that the proposal would double
the cost in regard to notices .
Mr. Blake suggested that this be done through the
public press
The Chairman said he was thinking of the legal ef-
fectiveness of this .
Mr. Blake said this was the type of thing where the
Town Meeting members could get on the telephone.
The Chairman said, personally, he thought the idea
was good.
Mr. Sheldon suggested that the Town Counsel be asked
for an opinion.
Mr. Blake referred to item three, providing legal
counsel at the Town's expense for advice and assistance
of Town Meeting Members in formulation of articles.
Mr. Blake said he thought the historical background
of the Town Meeting form of government has been one in
which every citizen is supposed to have his say and
opportunity to present the Town business he would like to
24
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see transacted As it now stands, it is difficult to do
this properly. He said it can be done properly by legal
counsel in drafting of articles and motions . He said this
is something Town Counsel can't do without more compensation.
This would make it possible for Town Meeting members to
present in correct legal form articles and motions.
Mr. Cataldo said under the present system, if a group
of people have a motion they want to present to Town
Meeting that is going to affect the majority of the
Town, a Board will sponsor it so an individual will
not have to sponsor it.
Mr. Blake said last year he could not get any Board
to sponsor his mental health article.
The Chairman asked if this wouldn't lead to harass-
ment of Town Counsel.
Mr. Blake suggested that the Board could say there
would be no more than eight hours for it.
The Chairman mentioned multiplying that by 200
and Mr. Blake said there would never be 200, and the
Board could put a ceiling on the number of hours.
The Chairman said the Town Counsel has received
a copy of the letter and the Board would discuss all
phases of it with him. He said Mr. Blake might want
to discuss phase 2 with the Planning Board.
Mr. Cataldo said if the Town Meeting members at-
tended the Planning Board Meetings, they might find
it helpful.
Mr. Legro arrived at the meeting at 8 :L5 P.M.
The Chairman said the Board would keep Mr. Blake
informed, and if he needed another opportunity to be
heard, it would be granted.
The Chairman read a letter from Robert W. Fuller,
to which was attached a bill for $84 for damages to
Claim his car which he elimed were caused by a cave-in on
Hill Street. A copy of theletter had been sent to
Town Counsel.
Mr. Carroll reported that the service was in-
stalled on December 5, a Thursday. It sunk over
the weekend and one call was received. One of the
Town men was coming to work at 7:20 that morning and
sent someone up to patch it. They arrived to patch
it just as this car went into the trench.
Decision was held over.
Mr Carroll retired at 8 :50 P.M.
Letter from Mr. and Mrs. Alvin Schmertzler, of
Traffic the Hancock School PTA, with reference to the inter-
section of Bedford Street and Worthen Road, was re-
ferred
to the Traffic Study Committee.
25
Decision relative to the distribution of insurance
commissions was held over pending receipt of information Insurance
from Mr. Gray.
The Chairman read a letter from the State relative
to Boston Regiohal Planning Project hearings. He said
where this applies to the highways and Route 3 would be Boston
involved, he would suggest that the Chairman of that Regional
committee be the liaison man on this. Planning
It was agreed to advise Donald M. Graham, Planning
Project Director, that Mr. Cataldo would represent the
Board at the subregional meetings to be held after the
first of the pear.
The Chairman read a letter from the Committee For
Safe Bicycling, Inc. , indicating interest in Lexington
as a desirable area for eycling.
It was suggested that the committee contact the
Minute Man National Historical Park Commission.
Pursuant to request from the Director of Public
Assistance, it was voted to request the Appropriation Transfer
Committee to transfer the sum of $2500 from the Reserve
Fund to the Public Welfare General Relief Account,
subject to the existence of money
Pursuant to request from the Veterans ' Agent,
it was voted to request the Appropriation Committee to Transfer
transfer the sum of $500 from the Reserve Fund to the
Veterans ' Services Account, subject to the existence of
funds.
Letter was received from the Board of Fire Com-
missioners requesting the insertion of an article in
the warrant for the Annual Town Meeting requesting an Article
appropriation of $13,000 to replace Engine #4
Mr Cataldo said he thou:ht the Board should have
more information on the subject and it was agreed to
request the Fire Commissioners to meet with the Board
next Monday night.
Upon motion duly made and seconded, it was voted
to appoint the following individuals to the Lexington Lexington
Housing Authority, authorized by vote of the Town Meet- Housing
ing on November 25, 1963: William Roger Greeley, Burton Authority
Williams, A. W. Hruby and Temple Scanlon, and to invite
them to meet with the Board for a few minutes next Mon-
day night .
2 6 !)
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The following individuals were suggested as appoint-
Standing ments to the Standing Plumbing and Building By-Law Com-
Plumbing & mittee: Robert Custance, Perry Lord, Leo Dunn, George
Building Bullock (Henry Kirkland alternate choice) , and Richard
Committee Souza.
The Chairman agreed tocontact each individual to
determine whether or not he would accept the appointment.
Appointments to the Conservation Commission were
held over.
At 9:25 P.M. , Mr. Samuel P. Snow met with the Board
relative to the areas needed near the Senior High School
Recreation for recreation.
He reported that he received a telephone call from
Mr. Kelly, Chairman of the Recreation Committee, but
never heard from the School Department.
He explained he took 1962 material and n}ade a series
of analyses based on various policies, which he submitted.
He said while he has worked them out in detail and knows
each one will work in terms of space, area, etc. , every-
thing he has is in very crude sketch form which can immedi-
ately be drafted in final form. He said if acceptable to
the Board, he would give it a series of sketches. He said
he would like a decision that represents the consensus of
the School Department, Recreation Committee and the Select-
men.
Mr. Sheldon said that Mr. Snow should be given an
opportunity to go before the School Committee.
Mr. Snow said he thought he would write up this
material now with a sketch.
Mr. Sheldon said then the School Committee could be
brought in for a joint meeting.
Mr. Cataldo said the School Committee should be told
this Board has waited long enough; they have not made the
effort to work with Mr.Snow.
The Chairman said he would write the School Committee
and statecthat the Board is prepared now to finalize the
scheme for this play area involving both the school and
all the citizens of the Town, and the only thing it is wait-
ing for are the Committeets comments.
Mr. Snow retired at 9:55 P.M.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
Colonial Store 856-Mss'. Avenue Common VetWaller
Licenses Geoffroyts Pharkaoy 411 Waltha]a Street n n
Early Bird Restaurant 3969 -Lowell Street
Mawhinney Motor Sales ' 'Marrett Road lst"Clasi Agent
Gh.arles Sanborn 32 games Street Taxi Driver
27
iirieztet R1T is 7i: North :Street Taxi Driver
Nazi IL & North r5"tr t
it
r71 G X18 $ Oxh to ��' n
Raman& 6 erdxiant 8tr-bet n
j rE.'iBongpo3rta; 307 Woad Stmette P- a
Motten dulyninnadiv3andL secont4sdlo it was"voted "
to, approte- the mina es of t .e-Selectlftnall MeetiPgs heli. Minutes
nn Dec!ember. 1t1. and 16. '1
At 10:00 P.M. , Mr. Irving Mabee, Chairman of the
Planning Board, met with the Selectmen.
He presented a sketch of the Lyon property, lo-
cated on Waltham Street, and indicated the access the Lyon
Planning Board desires to acquire for the Town parking property
lot. He reported that the PlanningBoard had an ap-
praisal about a year or two agoand indi-
cated - 39,000,
the area on the sketch which was included in this
figure He explained it works out about $4.00 a square
foot for thefront piece and $3.00 for the other.
Mr. Mabee said Mrs. Lyon is very interested in sell-
ing, and Robert Lyon is paying $7.00 a square foot for
land he is purchasing from the State. Mrs . Lyon is
willing to sell a parcel, which he indicated on the sketbh,
for $6.00 a square foot, about $62,500. He stated that
his Board thinks the appraiser 's figure is too low and
what she is asking is too high. The Planning Board is
prepared to recommend to the Board of Selectmen that the
property he purchased for $52,500.
Mr. Sheldon asked if he meant this as a formal offer,
and Mr. Mabee replied in the affirmative
The Board of Selectmen was unanimously in favor of
making Mrs. Lyon an offer of $52,500.
Mr. Mabee said he would report back to Mrs. Lyon
and then report back to the Board.
Mr. Brown suggested, if this property is acquired,
that Mr . Gray start coordinating the extension of the
back land for a parking area
The meeting adjourned at 10:15 P.M.
A true record, Attest :
u3ve� lark Selec
28
e":
tr
SELECTMEN'S MEETING
December 30, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 30, 1963, at 7 :30 P.M. Chairman
Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were
present Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present
Letter from Carl Blake, Chairman of the Town Meet-
ing Members Association, with reference to Town Meet-
ings, was held over.
Mr. Legro stated, with reference to item #1, the
recording of all Town Meeting proceedings, that he
thought the cost should be considered and whether it
would tend to inhibit free debate. He said there
would be transcribing and certain people don't like to
make public speeches and will make them only when they
can do it in comparative privacy. Then there are those
people who like to talk. He said where this has been
done, it has been used to harass speakers . It tends to
encourage quoting statements afterwards, and if there is
a question raised about something said at a prior meeting,
it can delay the meeting while waiting for the records to
be brought in.
Item #2 in the letter referred to the establishment
of a policy of airing By-Law changes and similar actions
prior to the holding of formal public hearings regarding
these changes Mr.Legro said he thought what they are
referring to pertains to the Planning Board. He said
he thought more important is that there be more time for
the Planning Board or any Board sponsoring an article,
before the formal hearing is held He said he thought
this is where the difficulty lies, the fact that Town
Meeting Members don't have the information beforehand.
Mr. Cataldo said the Planning Board is extremely
busy now, and if Town Meeting Members attend the Planning
Board meetings, that should take care of it
Mr. Legro agreed, and said much of this could be
accomplished by formulating plans in advance. He said
for the coming Town Meeting, he has mentioned that the
Planning Board hold its hearings well in advance of the
legal time limit ; then if something serious turns up,
there would be time for another meeting.
Mr. Sheldon said the Planning Board is always meet-
ing deadlines. '
29
Mr. Cataldo explained his thinking is that the
Planning Board is so busy now, if these people attended
the Board 's meetings they could obtain what they are
looking for.
Mr. Legro said open meetings might retard the results.
If the Planning Board takes the time on the zoning, it is
the group best qualified. He stated that the mere fact
there is a difference of opinion in the Town Meeting
Members will not be solved by a meeting beforehand.
Mr. Sheldon mentioned the publicity angle which is
up to the press.
Mr. Cataldo said if this group justimants information,
it should not hold the meeting up, but if they want to
argue, it will.
Mr. Brown said this is whet they want to do.
Mr. Legro advised that all of these things have a
tendency of breaking down the Board form of government
and that is not good.
Mr. Sheldon suggested referring this section to the
Planning Board and ask for its suggestions . He said
that Board may have an idea of how this could be imple-
mented.
The Chairman said Mr. Blake stated he was going to
see the Planning Board.
' Mr.Legro said the first item partly involves the
Moderator and partly involves the Town Clerk; recording
the votes is in the Town Clerk's jurisdiction and con-
ducting the meeting is within the jurisdiction of the
Moderator.
The Chairman said he still thought item #1 was a
policy decision of the Board of Selectmen, and w2 is
definitely for the Planning Board.
Mr. Legro said item #3 encourages a further departure
from the orderly procedure of presenting the articles to
the meeting. Most of the articles involved, including
the one to which Mr Blake refers, are articles that are
presented primarily for private interest If they are
not for private interest, but have general interest, they
come through the Board of Selectmen and the Board generally
sponsors the article .
Mr. Cataldo said he agreed with Mr. Legro. If there
is an article important enough to affect the majority of
the Town, some Board will sponsor it.
The Chairman said there are differences of opinion.
Mr. Cataldo said the Boards are here for a purpose,
for the benefit of the majority.
The Chairman said there is a difference of opinion
as to what is good for the Town. He said this small
group may disagree with all the Bo -,rds and with its
Cr
article, it may be able to have it passed by the Town
Meeting.
Mr. Sheldon said he agreed with Mr . Cataldo. He
said any group that has a suggestion for the Planning
Board or for any other Board, should go to that Board
first and explain it .
Mr. Brown said he did not think there was any justi-
fication in these groups having help of Town Counsel.
Mr. Legro said the question could be stated very
simply. The Board is saying, in effect, that a given
article is not of general interest enough to sponsor it
or permit its insertion, but it is saying, on the other
hand, that the same article is of sufficient interest so
that Town Counsel should draw the article .
Mr. Sheldon said the Board could not stop them be-
cause they can get the required number of signatures to
insert an article.
Mr. Cataldo said let them present it and let them
do their own legal work.
Mr. Sheldon said this would probably add ten more
articles in the warrant .
Mr. Legro said it would be an impossibility to work
for the Board of Selectmen and the Town Meeting Members;
it just cannot be done.
Mr. Burnell asked how these people would go about
having an article properly written.
Mr.Legro explained that he and previous Town Counsels
have been more than willing to assist in the dimiig of
certain articles . However, Town Counsel has to be very
careful because should there be anything wrong with the
article, the Town Counsel will have to take the blame .
He explained that the drafting has to be done with extreme
care.
Mr. Cataldo reported that there are attorneys who
specialize in municipal law who can be retained
Mr. Legro stated that it comes down to the Board of
Selectmen to determine whether it is an article it wants
to insert in the warrant . It does not have to approve
the article. He said when the Board goes beyond that ,
it says to the Town Counsel we want you to do it but we
don't want any part of it.
The Chairman said the Boards have always given weight
to any request fromthe Town Meeting Members Association
in requests for articles .
Mr. Cataldo said if the Town Meeting Members Associ-
ation wants an article, that is one thing, but if just a
group of Town Meeting Members want an article, it should
be looked upon differently
Mr. Burnell said the Mental Health article was a
personal thing rather than something pertaining to the
Town.
31
Mr. Legro said if the Board added anything to the
burden of the Town Counsel at Town Meeting time, it will
be taking time away from town sponsored articles.
The Chairman said he would wait to hear from the
Planning Board and make a policy decision as a Board .
The Chairman read an Order, received from the De-
partment of Public Utilities, relative to the Boston Exemption
Edison Company land and the electric substation equip- from zoning
went installed or to be installed from the operation
of the zoning By-Law of the Town.
Mr. Legro said this subject was one which he had
reported on before.
The Chairman read a letter from Alfred P1
Tropeano, on behalf of the Vine Brook Realty Trust, sug- Worthen Road
gesting the release of $l5,625.89 in connection with construction
construction of a portion of Worthen Road by B. J. Pentabone.
Mr Carroll said he would like to check the sub-
division to be sure all the work is done . He said there
was some minor work which he knew wasnot done yet to his
satisfaction.
The Chairman said he would hold the letter until
Mr. Carroll reported back to the Board next week.
Mr. Carroll said then it would be up to the Board
to make its decision.
Mr. Carroll advised the Board that he needs another
transfer of $8,549.59 for snow removal. Transfer
Upon motion duly made and seconded, it was voted
to request the Appropriatinn Committee to transfer the
sum of $8,549.59 from the Reserve Fund to the Snow
Removal Account.
The Chairman read a letter from Raymond Scheublin,
President of the Lexington Trust, inquiring about the
possibility of eliminating parking of cars on the
northerly side of Muzzey Street, between the rear of
the bank and the Old Barn property. Traffic
Mr. Carroll reported that Mr . Scheublin called him
after he wrote this letter . The real problem is the
right of way to the rear is narrow and Mr. Scheublin
thought widening the entrance might make it a two-way
Mr. Carroll said this involves moving a telephone pole
with many wires and he thought the best thing to do
would be to refer the matter to the Traffic Study Com-
mittee.
Upon motion duly made and seconded, it was voted
to refer the letter to the Traffic Study Committee for
study and recommendation.
: 2
Cr
The Chairman read a letter from Robert H. Holt,
President of the Trustees of the Isaac Harris Cary
Cary Educational Fund, relative tothe condition of Cary
Building Memorial Building.
Mr. Carroll said he thought the Board knew the
problem and he had no further comment to make.
The Chairman said he would answer Mr. Holt 's
letter.
The Chairman read a letter from Mr. John H.
Devine, with further reference to the sewer assessment
levied against "Tennis Court Lot" on Slocum Road.
Mr. Carroll reported that he talked to Mr. Devine
today. He is in the process of recording a plan
through the Planning Board and Board of Appeals to
make this a separate lot . The plan is not recorded
but he does want an abatement for the Tennis Court lot.
He recalled that the Board agreed to an abatement if
Mr. Devine divided the lot
The Chairman said no action could be taken on this
now.
Mr. Carroll explained that the time within which
to file a request for an abatement would expire this
month.
Mr. Legro asked if Mr Devine had his request on
file within the six month period, and Mr. Carroll replied
in the aff irmat ive. He said that is what he is trying
to do.
At 8:00 P.M. , Messrs. Albert W. Hruby, Burton E.
Williams, and Temple E. Scanlon, appointed to the Lex.
ington Housing Authority, met with the Board.
The Chairman explained that the Selectmen appoint
Lexington four members to the Housing Aut_iority and the fifth
Housing member is appointed by the State. The five would then
Authority constitute the Housing Authority until the election
in March, at which time they would run if still in-
terested.
Mr. Hruby said it might not be out of place to
review the duties that would be asked of the members
of this Authority.
Mho Chairman said he gave Mr. Scanlon his copy of
the Act.
Mr . Cataldo said he thought Mr Greeley could bring
the members up to date and he would know in what direction
to go from here .
The Chairman said the problem exists that there is
a need, otherwise this Authority would not have been
created
Mr. Hruby said that was shown in the questionnaire
sent out by the Town
33
Mr. Scanlon asked whst action the Authority could
take .
Mr. Cataldo advised that they could proceed as they
would after the election.
The Chairman explained that all would be candidates
for re-election.
Mr. Legro advised that the four members go in to see
Mr.McCarthy, of the State Housing Authority, get the
fifth member appointed, and Mr. McCarthy would give them
the procedure. He explained that the first step is
organization of the Authority.
Mr. Scanlon said the four of them should get to-
gether and make an appointment to see Mr. McCarthy.
Mr. Legro said he understood Mr. McCarthy is ready
and waiting.
The Chairman said they should be sworn in by the
Town Clerk and then make an appointment to see Mr. McCarthy.
Mr.Hruby asked if it would be the Authority' s job to
decide who will be eligible to go into this protiram.
Mr. Cataldo replied in the affirmative and said he
would give Mr. Hruby his copy of the Act .
Mr. Sheldon left the meeting to call Mr. Greeley,
who had also been appointed to the Authority. He re-
turned and reported that due to personal. reasons, Mr.
Grelay was obliged to decline the appointment .
The group retired at 8:25 P.M.
Mr. Sheldon reported his conversation with Mr.
Greeley, and upon motion duly made and seconded, it was
voted to appoint Mr. Edwin A. Bennett to serve oh the
Lexington Housing Authority.
The Board of Fire Commissioners met with the Board,
at the Board' s request , relative tothe Commissioners '
request to have an article in the warrant for the Annual
Town Meeting for theappropriation of funds to replace Article re
Engine #4. Engine #4
The Chairman asked if this was absolutely necessary,
and Mr. Fitzgerald replied in the affirmative. He said
that the l957 Capital Expenditures Committee Report has
shown that the Commissioners recommended replacing Engine
#4 by 1961. He said it is a Diamond T purchased in 3.946
The pump and body were built by the men in the department
and it ran as first line equipment for several years until
the purchase of a new Mack in 1952. It was then put down
to second line equipment. In 1959, the motor was rebuilt.
Mr. Fitzgerald explained that the Commissioners had
recommended replacing Engine #5 in 1962. After doing the
motor job and work on Engine #4, they thought it was in
better condition than #5 and reversed their decision on re-
placement and recommended that #5 be replaced first .
3 4
C
Mr. Sheldon asked if this piece of equipment would
be built or purchased, and Mr. Fitzgerald replied that
it will be purchased and will be similar to Engine #5.
Mr. Farrow, who built #5, quoted a price of $13,000 to
build Engine #4 but the figure is not binding.
Mr. Fitzgerald said if Engine #4 is replaced, at
best it will be 1965 before it will be ready.
Mr. Whitney said this is an obsolete piece of equip-
ment.
Mr. Cataldo asked what the Mack truck is used for,
and Mr. Fitzgerald replied that it backs up the two brush
fire pieces .
Mr. Cataldo said his thinking was there are three
men with three pieces of equipment. He said if Town
Meeting does not appropriate funds for a new Engine #4
and it breaks down and it takes a week to get it back,
there would be no emergency.
Mr. Robbins said there would be. If the Mack is
used for a grass fire, it could get stuck in the mud and
asked why a $30,000 piece of equipment should be ruined.
Mr. Cataldo said he would like txsee Engine #4
put in condition and sent into the woods.
Mr. Robbins said it is an obsolete piece of equipmett.
Mr. Cataldo said he does not like to put a brand new
piece of equipment in the woods, and thought there should
be a piece of equipment that could be driven in the woods
and swamps.
Mr. Fitzgerald said the entire running gear in Engine
#4 is gone, any part mentioned, is gone .
Mr. Cataldo asked how many miles the truck had been
run, and Mr. Fitzgerald replied that he did not know.
The Chairman asked what the Commissioners would do
with old Engine #14. and Mr. Fitzgerald replied that they
would trade it in, and as a guess, he thought they would
be allowed $14.00.
Mr. Brown asked how many times in the past year this
Engine #4 broke down so it was tied up a day or more.
Mr. Fitzgerald replied that it was out of service
three or four days in the spring.
Mr. Cataldo asked how many runs Engine #4 made this
year, and Mr. Fitzgerald replied that he would have to
get the apparatus book to tell.
Mr. Brown said he would like to know how many times
Engine #4 was broken down and how many times it went out
before he makes a decision.
The Fire Commissioners agreed to supply this infor-
mation, an retired at 9:00 P.M.
11
35
The Chairman read a letter from Dr. and Mrs. White,
200 Waltham Street,
in regard to traffic conetrol for Traffic
children at the intersection of Waltham and Forest Streets.
Upon motion duly made and seconded, it was voted
to refer the communication to the Traffic Study Committee.
Mr. Burnell reported on a meeting of the Traffic
Study Committee held last Friday.
Mr. Gray read a draft of the meeting.
The Chairman read a letter from Frank D. Walker
requesting the Board to make an offer in settlement Walker
of damages for the sewer easement taken through his sewer
land on Bacon Street easement
Mr. Legro stated this involves litigation or the
possibility of litigation, and suggested that the dis-
ussion be held in Executive Session.
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 Executive
made public, might adversely affect the public security, Session
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.
The Chairman reported that he had called the indi-
viduals suggested for appointment tothe Standing Plumb-
ing and Building By-Law Committee. Standing
Upon motion duly made and seconded, it was voted Plumbing
to appoint Robert W. Custance for a three-year term ex- & Build-
piring April 30, 1967; Mr. Leo Dunn for a three-year ing Comm.
term expiring April 30, 1967 ; Mr. Perry D.Lord for a
two-year term expiring April 30, 1966; Mr. Richard W.
Souza fo a two-year term expiring April 30, 1966, and
Mr. George E. Bullock for a one-year term expiring
April 30, 1965.
Distribution of the Town's insurance commissions
was held over again pending receipt of additional in-
formation to be o3tained from Mr. Stolz by Mr. Gray.
Mr. Legro retired at 9:50 P.M.
The following individuals were suggested as ap-
pointments to the Conservation Commission: Stephen hen Conser-
p
Ells, Marjorie Blaisdell, Jules P. Sussman, William S. vation
Richey, Aide:i L. Ripley, Ruth Morey, Francis W. K. Smith, Committee
and Chester Duval.
pkn
rte:
The Chairman agreed to contact each individual to
determine whether or not he or she would accept the ap-
pointment.
Licenses Upon motionduly made and seconded, it was voted
to grant the following taxi driver licenses, subject
to satisfactory references being received from the
;thief of Police:
Mark C. Aldrich 14 Cliffe Ave. Taxi Driver
Wm. G Converse 40 N. Hancock St. "
Wm. I. Imlach ala. Wyman Road
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectments Meeting held
on December 23, 1963.
Mr. Carroll discussed the proposed garbage contract,
a copy of which had been delivered to each member of the
Board. He explained the draft he submitted was a modi-
fied version of the present contract and agreed to check
with Town Counsel on a question raised by Mr. Cataldo.
The meeting adjourned at 10 :20 P.M.
A true record, Attest :
��iec ive ler , Select n
k
I