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HomeMy WebLinkAbout196388: Jurors Claim Warrant 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. Ccs, 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, 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 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 fair 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 to close the Warrant for the Annual Town Meeting in 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 Clarification 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 about is the classification having to do with the Clerk in the Civil Defense office. He stated tIt 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 Stenograa 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 thou ,ht 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 a .a.ssi- 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 these people to carry them in this capacity without giving them any training. He said the auxiliary police should have regular training or be abandoned. 90 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 less 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 $!}00 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. The Chairman asked about salary and Mr.Fitzgerald said they had discussed this with Mr.Evans and the }yan 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 the. Commissioners intended to include funds for this man in the 1963 budget, and Mr. Fitzgerald replied that he would include ,it 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 understand 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 oared 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 the 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. 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 LEXINGTOY, 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: 91 Insurance 92 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 Parking 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 Attest: Town Clerk Lincoln P. Cole, Jr. Otis S. Brown, Jr. Levi G. Burnell Selectmen of Lexington' Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on December 27, 1962. Appointment to the Board of Fire Commissioners to replace Mr. Roeder was held over. 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 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. Letter was received from the Board of Health with reference to Chapter 608 of the Acts of 1961, 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. It was agreed to advise Mr. Newgent that the Board does not feel that a planof 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 Month was noted and placed on file. Upon mention duly made and seconded, it was votad to grant the Lexington Firemen's Relief Association permission to conduct a Record Hop in Cary Memorial Hall on January 19, 1963, subject to arrangements being made with the Chief of Police for whatever police cover- age he deems necessary. Minutes Appointment Appointments Appointments Health Budge' Lexington Center Proclamation Use of hall 94' Upon motion duly made and seconded, it was voted to grant the following licenses: Bellino's All American Coffee Shop Early Bird Donut Inc. Isabel M. Kitson Isabial M. Kitson Mark C.Aldrich Joseph A. Costa Lee B. Danzey, Jr. Herman E. Kilpatrick Edward S. Lenhoff Stephen M. Nawoichik Charles M. Sanborn Richard E. Spiers Charles L. Sturdevant Ernest F. White Common Victualler rr tt Public Carriage Taxi Driver n It rt n 11 11 11 1T 11 1T 11 tt It tt • 11 It 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: )).° V�. n� ive //�i i✓!/vile lerk, Seleetmn Ekecu '9'5 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. went 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. Bich retired and the Board approved $3,475.00 budget Collector's Expenses and $7,300.00 Collector's Metered Mail. 96 Mr. James Collins, Welfare Agent, met with the 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 - app4.oved as submitted, in the amount of $300, and Veterans Benefits Soldiers! Burials approved, as submitted, in t1.e 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. A true record, Attest: Executive Clerk, Selectmen 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 for 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 petitioners' plan and also filed wi,h the Super- 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 ana said that something should be done about it. The Chairunan 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. 97 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 98 Article Budget with Mr. Buckley. He explained that the problem is the fact that Mr. Buckley's property is in the middb 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 calls for the Town to seriously consider municipal or contract garage 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 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 99: 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 th:t 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. 100 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 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 than 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. 101 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectments Meeting held Minute. 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 ]40 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. At 8:30 P.M., Messrs. Wheeler, Cabot, Cabot & 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 knowta . 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 was 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 Country -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 1 Sewer 2 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 tax 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 Mt. 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 asfa.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 Mr. Wheeler replied in the affirmative. Mr. Carroll explained that the sewer would hot be available until the spring of 196L1. The group ..etired at 9:30 P.M. ci 1 The Chairman read a letter from the Addressograph- Mmlti•graph 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, 53.50 per page for 250 copies of the school report. Appointmentto 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 t was agreed to advise Mr. Hrisanthopoulos that the B and is'looking for someone with working experience in mu icipal',affairs. he Chairman read an application for the position of Ex cutive.Assistant received fromPaul F. Talbot, Application Groto Connecticut. No action was taken. etter from Roy G. A. Petterson, former appli- catioj for the position of Executive Assistant, was Executive noted and placed on file. Assistant 104' Licenses Warrant Upon motion duly made an seconded, it was voted to grant the following Taxi Driver licenses, subject 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 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: ,Eec tiv Cler Select en C Cr cawr 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 Clerk, 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 A roved Personal Services $45�,??9.67 $ , 7 (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 1.8,125.91 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 30,00.00 The item for the boiler room floor was not approved. 106 Board of Appeals' budget Public Works' budgets 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 a part-time employee and it is evident the rate she is to be compensated at is for a Senior Clerk, He said 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 Care of Dump & Removal of Ashes31,016.00 31,000.00 Water Maintenance 64,450.00 63,750.00 Water Services 21,750.00 21,750.00 Requested Approved Budget Park Maintenance Insect Suppression Shade Tree Dutch Elm Disease Mosquito Control Sewer Construction -Sundry It was agreed to ask the sewers regCestedthe order Board. Requested $76,900.00 9,500.00 29,400.00 15,750.00 8,160.00 597,625.00 Approved $76,900.00 9,500.00 28,000.00 15,750.00 8,160.00 249,500.00 Board o± Health to list the of urgency deemed by that 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: eciitiv' Clerk, Selectxiien 108 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 taken 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 Nlr. 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 road. Mr. Richards said if the church is willing to do business, he thought it could be worked out. Upon motion duly made to grant the petitions and lowing pole locations, all Carroll: and seconded, it was voted sign the orders for the fol - having been approved by Nr. 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. Tj.e 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. 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 SP) Pole locations Complaint 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 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 Permit Coo 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 noad Traffic and also some signs stenciled on Simonds road 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 net with the Board. Mr. Conryy 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) budges 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 At Mr. Carrollts suggestion, it was agreed to include an article in the warrant for subdividers' 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- cuesing, 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 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- sonal Services, Expenses and Special Fees. The Clerk was instructed to place the letter on theagenda 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 as 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. 113 Article Executive Session Law Depart- ment budget The Chairman read a letter from Mrs. Ralph M. Smith, 1162 Massachusetts Avenue, relative to a side- walk betterment assessment and her water bill. The Chairman said Mr. Carroll thought there must 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. Smith better- ment etterment and water bill 114 Minutes Upon motion duly made and seconded, it was voted 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 motionduly 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. 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. Worthen Road zte 1 I 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 center 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'artiele 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, 19613, 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 Donald J. MacDonald Richard F. McCobb 29 Depot Square 458 Marrett Road 1 Sunnyknoll Common Victualler Taxi Driver tt tt 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. 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. Signs 116 The meeting adjourned at 11:05 P.M. A true record, Attest: e tiv Cler Selec en 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, Executiveelerk, 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: Town :clerk & Treasurer Personal Services Expenses Elections Vital Statistics Parking Meters Out of State Travel Town Clerk - Personal Town Treasurer " Registrars - Personal Expenses Requested $14,894.68 1,809.72 500.00 100.00 150.00 250.00 Services 5,000.00 5,000.00 Services 3,500.00 1,000.00 Approved $14,894.68 1,809.72 500.00 100.00 150.00 250.00 3,500.00 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 said the people involved were present this evening. 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 117 Town Clerk and Treasurer budgets Permit to move house 118 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 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 to 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 the State Department of Public Works", He indicated the area of 2,1474 square fee, that was taken and sub- mitted a Land Damage Agreement in the amount of $175.00 cov.mring 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 Warrant for the Annual March Meeting. 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. 119 Settlement for land taken by State Article re land exchang 120 It was agreed that first, Mr. Carroll would pre- pare a plan and seco„d, submit the plan to Gabor, 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 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. Easements The Chairman read a letter from Francis E. Burke, attorney for the owners of the property at 904 Massachusetts 1 121. 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. 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. Homestead Street, southerly side, approximately 23 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 Street light Pole feet locations 122 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 appropriatedas 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 Conunitteets 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 goingover 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 123. 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 Chdtif 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 Chiairman said 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 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 tI.t 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 getthis 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 den. 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 said it is obvious that the hoard 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. 123 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 5100. 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 original quotation, but Mr. Staples did not think there was enough money to purchase them. He said it would 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 purchase of the equipment was therefore disapproved. The Assessors retired at 9=55 P.M. The Chairman reported of the Board of Appeals, ha cision on his request that re-elassified. Mr. Evans advised that a week which is $270 a year proposed $440. He said $2 $440. The Chairman asked if the S-3 classification and He said he believes the job rating. that Mr. Nickerson, Chairman d called relative to a de - the Clerk to the Board be the Clerk works twenty hours and the Board of Appeals .22 would make an increase of Mr. Evans was recommending he replied in the affirmative. is not entitled to any higher Assessors billing system Board of Appeals' Personal Services 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 that, to be consistent, it had no alternative but to accept Mr. Eva1id recommendation. 126 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 Decisionrelative 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: Traffic Rules and Orders AMENDMENT TO THE TRAFFIC RULES AND ORDERS, TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN, JANUARY 21, 1963 ARTICLE VII Section 1 (One way) 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. Cole,Jr. Selectmen a true copy, Attest: Otis S. Brown, Jr. of Lexington January 22, 1963 1 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 AMENDMENT TO THE 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. on Dexter Road at Simonds Road. on Dexter Road at Simonds Road. on Bertwell Road at Simonds Road. on Bertwell Road at Simonds Road. on Preston Road at Simonds Road. on Blake Road at Simonds Road. on Blake Road at Simonds Road. on Preston Road at Simonds Road. /8/ Levi G. Burnell Lincoln P. pole Jr. Selectmen Otis S. Brown, ‘,ole, of Lexington Southeastbound Northwestbound Southeastbound Northwestbound Northwestbound Southeastbound Northwestbound Northeastbound drivers drivers drivers drivers drivers drivers drivers drivers Adopted Januay 21, 1963 A true copy, Attest: /s/ Hazel J. Murray Executive Ulerk, 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 128 Applications for the position of Executive Assist- Applicationa 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 sero 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: IlMeeting Minutes Alcott Road Baskin£Road Bowser Road Brown Road Burroughs Road Constitution 'load Cooke Road Drew Road Fulton Road Freemont Street Jeffrey Terrace Lillian Road Dxbew Road Roosevelt Road Ross Road Saddle Club Road Ames Avenue Eastern Avenue Manning Street Winter Street Todd Road Douglas Road Upon motion duly made and seconded, it was voted 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 to approve the minutes of the Selectmen's Meetings held on January 12 and 14. The meeting adjourned at 11:10 P.M. A true record, Attest: ec ive; ler , SelectOen 1.29 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 pasi.i 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 be_a 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 130 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 khd 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 aiary 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 S11,000, 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. Sommers 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. 1 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 acquisitio;, 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 sill 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. 1 132 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. ment 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. Board of Appeals' budget 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. Mr. Evans reported that the budget, as submitted, is based on the maximum of S-5 at $2.22 an hour. His 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: etiv Select 1 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 20, 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 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 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 Officer. The Chief said he would likletto 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. Appointment Dog Officer Dog Officer 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 thc,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 Roam 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. Air Force water rates 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. RAresentatives of the Air Force would like to meet with the Board and discuss those parts of the revised rate that are causing them difficulty. 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- 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 hav ramp come on the inside of the hill or having i the way around outside of the hill. Mr. Hue, Engineer, suggested that instead of having a to barrier that perhaps the traffic could be elimi no right turn on Spring Street going towards Le Since then, Mr. Caleb Warner's group has writte to the Planning Board in which they suggested f One was a deadend on Concord Avenue beyond Benj two, that Old Shade Street be left alone and th permit temporary access to Route 2 and open the strip on Route 2 as an emergency opening; three type of emergency access at the end of the culd four, that the Concord Avenue connection be lef road. He said his feeling was that the people area would be protected if the no right turn wa then eliminating the connector Bl. Mr. Warner said these suggestions represen opinion of fifty-five families, and the people Road are generally in favor. He said the fift families who presented this plan are against an that may come up in this area until it is cleared up.. Mr. Carroll reported that the State will p with this design unless it heard from the Town, decision will be made within two weeks. Mr. Carroll said if it is the Board's opin that there should be two means of getting into a temporary road is not satisfactory. He said seen this type of arrangement and when the time for the gate to be used, it is locked, the road plowed out or is impassable. Mr. Warner said that Old Shade Street woul to be maintained, and that is a private way. The Chairman said this subject would be 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 Cullington, 11 Smith Avenue, asking the Board t advise him why sand was not placed on the stree morning of January 18. Mr. Carroll reported that by the time the was received, the street had been sanded. ng the come all he State porary ated by ington. a letter ur alternatives. min Road; State median a similar sac and a gravel in the made and the n Benjamin -five zoning oceed and a on he area, he has comes is not have luded in ley the et ter i `t' Sanding 136.: 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 110 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 woad 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 Hhapter 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. Sewer The Chairman read a letter from Mrs. Robert McDonough, 61 Dexter "oad, stating that the roots of 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 $4.00 fbr repairing a frozen meter and he felt a flat charge of $15.00 should 1 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 home 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 extensionBof figures as well as the rates and presented each member of the Board with a printed Budgets report of his findings. He explained that many 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 in getting the tax bills out cost the Town $17,000. Mr. 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 S-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. Assessors' budget 138 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 everyman in the department, with the ex- ception of the Chief, has signed a request for a 50.4 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 whom 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. 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. Mr. Fitzgerald reported that two years ago, they had a motor job done on Engine #4 and a little over a 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 #4 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 darts 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 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 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 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 414. Fire Dept. Capital Outlay Minutes Route 2 Law budget 140 the Board advised her was in violation of the Historic 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. Temple Emunah Fair Letter was received from Noel G. Posternak, re- questing permission, on behalf of Temple Exnunah, to conduct a Country Fair on Sunday, April 21, 1963. 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 Boxma 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 permission to sell the 13 -star United States flag on April 19. Upon motion duly made and seconded, it was voted to grant the request. Upon motion duly made and seconded, to grant the following licenses: Ronald Fraz es V. Donald Foster Robert Thomas Bancroft Trinity Pharmacy to as it was voted Taxi. Driver rr tt rr Common Victualler Upon motion duly made and seconded it was voted accept with regret Mr. Leo Po}3lawski's resignation a member of the Town Celebrations Committee. The meeting adjourned at 11:10 P.M. A true reoord, Attest: April 19 Licenses Resignation 142 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- duceda`irry 'He.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 Thoreau 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 t1e 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. 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 Hoad 956 feet to Oxbow 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. 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 costis $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. 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 and Amex 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 ' Ross Road Todd Road Ames Avenue 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 t nat 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. 1 Hearing was declared open upon notice of intention to lay out Burroughs Road from East Street a distance of 2253 feet northerly and wester-°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, 24 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, 14 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 1510 feet to Fulton 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 would be no charges. Mr. Harry K. Goldstein, 7 Cooke Road, said he wanted to attic about sidewalks on Cooke Road, trees and "go slow" signs. The Chairman explained this noes 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. 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 Road. Cooke Road Douglas Road 144 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 of 503 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. Mr. Gordon E. Masters, 4 Frances Road, asked if curbing would be installed on Eastern Avenue. Hr. 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. Mr. Higgins replied that he was not sure in which 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 a plained 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. Freemont Street 148. Mr. Grimes said the street would be accepted in March and the worst time is in the spring. He asked if the Town would then 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 $L0 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 hard 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 $700. 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 basier would be installed. No one else 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. 1'x 9 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 ;� feet westerly. 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. Barrington 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 is 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. Winter Street 15O 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 $10,000 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 carry 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 an 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 has 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: G7e / ✓L 2' ecutiv Clerk, Select en 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 of information, he has found it necessary to rule against the Town Celebrations Committee conducting the play itself in 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 side of the right-of-way (at the dump site) to insure that they have a parcel with a minimum area of five acres. In exchange for this land, Cabot, Cabot & Forbes 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- pare preliminary plans, specifications and cost esti- mates for the construction and equipping a building April 19 Cabot, Cabot & Forbes' land exchang Museum Article Museum 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. 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 was 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 reduced 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 1Loac . 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 Avenue: 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) 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 Locust Sewer Pole locations 154:. Woodhaven sewer 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 amounting to $600,000, a large portion of which is the 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. Carroll applied 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 mdde 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. Eighteenth 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 155 letter and gave him the sd.ary 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 have to live in Lexington, and the Chairman replied in the nega- tive. Mr. Hartley inquired about tenure, and Mr. Richards 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 Boardts juris- Executive diction, committees and Boards appointed by the Se :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. uot':.:. c .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 estateu. 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. 156 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. Sarroll 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 permilasion 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 registefed 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. Mr. Mr. cided to report. Seabrook replied in the affirmative. Seabrook retired at 9:15 P.M. and it was de - request the Building Inspector to submit a 15w x.: 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. Upon motion duly made and seconded, it was voted to appoint Mr. Robert H. Farwell an Associate Member 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. Decision relative to the Law Department budgets was held over. 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. Carroll. 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. Appointment - Fire Dept. budget Law budgets Relocation of Route 2 158 Road [ac'hinery Account 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 unanimous) in favor of the proposition presented by the Planning Board. The Planning board 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 funds in the Road Machinery Account should have been transferred to the Excess and Deficiency Account at the end of each year but this has not been done, and this year the StEta 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 J to written satisfactory character references from the Chief: Fulton S. Butler Joseph T. Clarke Douglas E. Hogan Taxi Driver tt tt ft /t /59 Licenses 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 Baskin Road Bowser Road Brown Road Burroughs Road Constitution Road Cooke Road Drew Road Fulton Road Freemont Street Jeffrey Terrace Lillian Road Oxbow Road Roosevelt Road Ross Road Saddle Olub Road The meeting adjourned at 11:15 P.M. A true record, Attest: Ames Avenue Eastern Avenue Manning Street Winter Street Todd Road Douglas Road Clerk, Selec 160 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: 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:oo 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 Cushing Street, relative to a billing made by the Starr water Water Department. bill Mr. Carroll reported that he has talked to Mr. Starr and he apparently thinks 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 id 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'. Sewer Vine Street The Chairman read a letter from Paul J. McCormack, 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 thatthis is vacant land andthe budget esti- mate was $6,000. The land is very steep and consists mostly of ledge. 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 al.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 sewer is extended. Sewer, Mr. Carroll presented a plan 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 fromthe 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 request, 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 I. 163_ 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 tq 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 and Mr. Mazerall, the Tree Warden. Letter was received from Charles Collazzo, 2360 Massachusetts Avenue, describing problems of street and sidewalk layout in his neighborhood. 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 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. Traffic Hearing 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: 164. Minutes 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, -- Ane (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 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 Fare 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 LexinLton 4-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 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 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, 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 Wednesday, February 20, at which time Attorney Hugh J. Morgan will discuss the Conflict of Interest Bill. The Chairman applicant for the said he would let 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. reported that he called Albert Gray, position of Executive Assistant, who the Chairman know his decision by 165 Cert. of Inc License Meeting Jr., 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. 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 Request for 166 Executive Session Claim Claim MIt State erected a bright red atop 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 public, might adversely afgect the public security, the financial interert 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 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 reference to the claim for damage to the Lewis G. Pollock 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. 1 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. 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. 167 Tax title 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 wizich, 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 in Scotland Road, it was voted to resume the open meeting. 168. 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 11:05 P.M. A true record. Attest: Select en 169 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 Srtion 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 objecticn. 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 sewer it 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 170 without sewer because it is so close to it. He said if Mr. Moore does not put the sewer in when the Town ,k 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 from 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 171_ Valley Section 9 and connecting to the sanitary sewer. Mr. Buss 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 explained 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 Board 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 tosk 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 approkimately 100 feet. Mr. Legro said to contribute to a subdivider's 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 to the MDC. 172 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. 17 3 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 awhile. 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 -4. 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 174 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;-jnot 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 that 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. mit 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 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 Roaa, northeasterly side, southeasterly from a point approximately 132 feet southeast of Waltham Street, -- Seven (7) poles. 77 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 - Page 2 poles Marrett Road, southwesterly side, 6/30/58 38 200 southeasterly from a point ap- proximately 1800 feet southeast of Massachusetts Avenue. 178` Minutes 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 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 Board 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. 179. 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' ap*lication 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. ORDER OF SEWER 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 end 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 J 1 1811 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 herewith. 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 Pape 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/ Attest: /s/Hazel J. Murray Executive Clerk, Selectmen Lincoln P1 Cole, Jr. Selectmen Otis S. Brown, Jr. of Lexington Levi G. Burnell SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORD` Lot Owner No. Book Page Area Assessment Anna M. LaDucer 91 Probate 289255 3952 $ 23.99 c/o Mrs. M.A. Rossiter 1 Middlesex, ss. COMMONWEALTH OF MASSACHUSETTS ORDER FOR CONSTRU ";TION OF SE'ER MORELAND AVENUE From Davis Road 676 feet, more or less, northeasterly. 183 Town of Lexington 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 Engineer", abutting the premises thereon designated as Lots 36, 35, L.C. 13, L.C. 12, L.C. 11, L.C. 10, L.C. 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 recorded 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 sue# 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 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. IN WITNESS WHEREOF, the undersigned being a majority of the Boated of Selectmen aforesaid have hereunto subscribed our names this eighteenth day of February, 1963. /s/ Attest: Hazel J. Murray Executive Clerk, Selectmen Lincoln P. Cole, Jr. Otis S. Brown, Jr. Levi G. Burnell SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Selectmen of Lexington Cmo 1 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 II George L. & Doris M. Francis, h/w L.C.12 601 155 94305 6000 274.47 1.85`; Lot Land Court Owner No. Book Page ,Cert. No. Area Assessment Robert E. & Isabelle_: Cassidy, h/w L.C. 11 653 187 Robert F. & Mary T. Monahan, h/w L.C. 10 644 116 9 171 161 Harry W. & Trask, h/w William C. Susanne W. h/w Frank H. Judith J h/w Frank H. Judith J h/w Marion F Edna E. L.C. Hayes, L.C. 8 669 43 Jr. & . Totman, L.C. 7 609 Jr. & . Totman, L.C. 6 613 . Runstein L.C. 14 654 9A 5371 228 Andrew Schneider 104737 102866 6000 274.47 108311 6000 274.47 107793 6000 274.47 6000 $ 274.47 11 95761 6000 274.47 47 96597 36 lOy.786 Pasquale & Hermina S. Luongo, hlw 10 & Pt.11 4679 134 Town of Lexington Pt. 12 James E. & Mary A. Collins, h/w 13 9828 164 Daniel & Mary Ellen Tocci, h/w 14 7843 Edward F. & Hope 1 Kleinberg, h/w 16 8172 583 Edward F. & Hope M. Kleinberg, h/w 17 8172 583 Allan R. & Marguerite S. Robinson, h/w 18 9682 282 Richard L. & Lois L. Moore, h/w 19 8461 139 138 Richard L. & Lois L. Moore, h/w 20 8461 139 600o 274.47 6000:; 274.47 7500 343.09 8073 369.30 5195 237.65 6000 274.47 6000 274.47 6000 274.47 6000 274.1+7 6000 274.47 6000 274.47 525o 2440.16 186 Mr. Cole moved to reconsider the classificaticn 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 riported 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 ChairOan 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: ftec tiv Cler' ,. Selec en 1871 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. 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 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. Guy wire and anchor Hearing 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 and anchor on Marrett Road, 1600 feet south- 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 County Commissioners relative to a hearing to be held March 29, 10:15 A.M., with reference to the construction of i1assachusetts 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 3C wow Cad Clelland Road where she intends to build a house. Mr. Carroll stated that he would send Mrs. Covello 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 ap. He asked if there was any Town fear he could use temporarily. Mr. Cole asked if Mr. Gray would expect to drive 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 held over until the next meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on February 18. Mr. Harold E. Stevens, Speiial 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 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 189 Water Transport- ation for Mr. Gray Sewer budget Minutes Claims 190 and parcel shown as lot D3 to be granted to Millican. 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. School Site Messrs. Carroll and Stevens retired at 9:00 P.M. The Chairman read a letter from Mr. Harold E. 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 01, vacation beginning March 1. Mr. C. Waldo McWilliams 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. 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 to deny application for a Taxi Driver's license re- License ceived from Fred William Moriarty, 36A Woburn Street. denied Use of hall 192 Lexington Housing Authority Town Meeting Civil De- fense Clerk Classifi- cation C.D.Warning System Traffic 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 of a Lexington Housing Authority, and he advised Mr. Williams that the Board wanted to defer the matter until it had an opportunity to check the details. The Chairman said he could not see where four months 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 to call a Special Town Meeting within the Town 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- mum for a Junior Clerk. He said in view of this, the Board might reconsider the S-3 category. He stated that the S-3 classification would not make any change in the salary. Mr. Cole moved for reconsideration of the vote taken last 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 for shelters to apply towards a warning system; the amount requested for the warning system having been disapproved. Mr. Cole reported that he received a td.ephone 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 be in the warrant for the Annual Meeting. The Chairman suggested that the subject be held over for a fall Town Meeting. Mr. Burnell explained that no appropriation is 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: �i✓fie%/ iv/Clerk(, Select ea Pedestrian traffic law 194 'Jurors School bonding Legal opinion 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 Counsel, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. James J. Carroll, Town Clerk Board for the drawing of four jurors. individuals were drawn for jury duty: 12 Blueberry Lane, Oscar W. Kaalstad, Willard C. Sargent, 58 Spring Street, Sutherland, 12 Locust Avenue. , met with the The following Frank J. Rosato, 16 Slocum Road, and Robert D. 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 in the Estabrook School. He instructed that a copy of 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, .t could be over- ridden by the Alcoholic Beverage Commission and if it is customary for this to happen. 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 Zit 1 1 1 195 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 Mr. Carroll referred to a request for extension of a water main to service lots on Clelland Road owned by 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. Iof 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 southeasterly quadrant of the Spring Street interchange. 1 The Chairman read 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. 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 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. 197 Insurance Street light 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 swamp with no lots. 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 Sidewalk betterment 198 Air Force water rate Btrt 4g9,8 'rlsf11'drhlthiip8RtesRtile8 ,u it;h848reiii;Fiction 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(6O4)-781 and Contract No. AF19(628)-700. The Communication was referred to Mr. H:r old 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 theBoard.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 contractordoes not comply. At 8:30 P.M., the Recreation Committee met with the Board for a clarification of the amount approved in the Committees 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 diaapprove 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. MarTant in th0:#MQ1U 011,U04,00444-'52 Maa.,xeo,a, T t Warrant rom the County_ CQimnissioners, for,tne mAinte_nanPP, 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. 19.13 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- 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 RecordHopin Cary Hall on March 16, subject to a charge of $35, a deposit of $50, and 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 charge and without any deposit, but subject to janitor's fees for overtime services. Resignation 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 March 9 free of charge without any deposit, but subject to janitor's fees for overtime services. Use of hall Use of hall Use of hall 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 MLghael.A;:Maurer William C. White Upon motion duly made and seconded, it was voted to sign an Order of Sewer Taking in Moreland Avenue in the following form: Sewer Order 200 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 Folien 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 raisigg $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. 1 1 1 201 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, 'rlfb;REFORE, 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 un a plan entitled "Plan of Proposed Sewer in Moreland Ave., Lexington, Mass., Scale 1" = 401, 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 owners and their heirs successors and assigns all their respective rights in and to the use of their land's 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 easmments 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 554 Richard and VeeLing Edward,h/w 25 8622 5514. Richard and VeeLing Edward,h/w 26 8622 554 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. Attest: /s/ Hazel J. Murray Executive Ulerk, Selectmen /s/ Alan G. Adams Norman J. Richards Selectmen Otis S. Brown, Jr. of Levi G. Burnell Lexington Lincoln P. Cole, Jr.- Owner Richard h/w Richard h/w Richard h Town of Town of SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER Lot No. & VeeLing Edward, 24 & VeeLing Edward, 25 & VeeLing Edward, 26 Lexington Lexington 22 23 Book Page 8622 554 8622 554 8622 Area 6030 6030 554 5150 6030 6030 The meeting adjourned at 10:05 P.M. A true record, Attest: Assessment $ 297.61 297.61 254.17 297.61 297.61 / di ec iv a Jerk SelectmeM ca- 2,0 -3 204. Organization 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. 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, Woodtaven 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 Cambridge, as shown on nap 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 3E t 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 20' con- struction easement, that is 10' on each side. Upon motion duly made and seconded, it was voted to take a 50' sewer easement with a 20' 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 1.4.5' sewer eadement and a 501 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 145? 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 Lexington', 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 attbrney for the Trust suggested that the sewer be relocated to avoid its property completely because it wouldcut 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 moneywas 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. 206 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 vising 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 wqs voted to approve the following j/o pole Iodations, all having Pole been approved by Mr. Carroll: locations Turning Mill Road, southeasterly side, northeasterly from a point approximately 22 feet northeast of Partridge Road, -- Three poles. 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 Rindge Avenue, southeaster) side, southwesterly from a point approximately 80 feet southwest 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. Mr. Carroll reported that he did not have an op- portunity to look at the area, and action was held over anti) 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. 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. Mr. Carroll said he did not think the figure would be that high and that it would be bmtween $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- ingtto plan a day when the High School Seniors will 207 Drainage Permit Tax rate 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 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 250th Minute Men anniversary, April 18 to April 20, near the northeast Concessions corner of Bedford and Hancock Street, just beyond boo;,th 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. 209 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 rules 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 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 Insect Pest Control for a term expiring March 31,1964. Dog Officer Appointment 210 Meeting The Chairman read a letter from Mayor John J. Buckley, Chairman of the NASA for Central Merrimac 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 Ladies'Auxiliary V.F.W. banquet on April Invitation over. Mr. Cataldo agreed to represent the Upon motion duly made and seconded, to appoint Mr. Cataldo to represent the Selectmen on the Board of Directors of t Visiting Nurse Association. Upon motion duly made and seconded, to approve bond #82149 in the amount of half of Kenneth M. Cox, Constable. LVNA representa- tive Bon d Upon motion duly made and seconded, to make the following annual appointment APPOINTMENTS Terms expiring March 31, 1964 unless otherwise noted. County Council 6 was held Board. it was voted Board of he Lexington it was voted $1,000 on be - it was voted s: 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. 4.4 APPOINTMENTS ( CONT'D.) Building Inspector Director of Civil Defense Director of Veterans' Benefits Executive Clerk Executive Assistant Fence Viewers Field Drivers Gammell Legacy Income Trustees Gas Inspector Lockup Kopper Measurer of Wood and Bark Old Age Assistance Bureau Park Department Superintendent Plumbing Inspector Public works Superintendent Public Works Assistant Superintendent Registrars of Voters Town Counsel Town Engineer Assistant Town Engineer Tree Warden Veterans' Graves Officer Wire Inspector 211 Donald K. Irwin Arthur E. Burrell Maurice D. Healy Hazel J. Murray Albert Gray, Jr. Rev. Harold T. Handley John J. Garrity John W. Rycroft Benjamin W. Day Mrs. Mary Casey Mrs. Margaret L. West John B. Byrne, Jr. John W. Rycroft Harold I. Wellington Robert K. Taylor Howard H. Dawes Paul F. Bartel Robert P. Trask, Jr. Paul E. Mazerall John B. Byrne, Jr. John J. Carroll Guy V. Colella Malcolm H. Clifford 166 Donald E. Legro John J. Carroll Robert L. Higgins Paul E. Mazerall Maurice Di Healy 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. ecutive erk Select A true record, Attest: 212 SELECTMEN'S MEETING March 20, 1963 A regular meeting of the Board of Selectmen wase held in the Selectmen's Room, Town Office Building, on Wednesday, March 20, 1963, at 7:30 P.M. Chairman Cole, B nel Brown and Cataldo were resent.. Adams, ur 1, p 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 Selectmen'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 received 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 $14.3 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 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 duly rade and seconded, it was voted to accept with regret Officer George W. Forten's resig- nation as Dog Officer, effective immediately. C idd 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 steted that no individual is entitled to a private parking space. Mr. Carroll suggested paving the area in whieh 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. 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. Police cars 214 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. 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 nave 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 R. 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 disnussion pertaining to the Air Force water supply, it was voted to resume the open meeting. Mr. Stevens retired at 9:00 P.M. Meeting Upon motion duly made and seconded, it was voted to hold a meeting of the Board on Wednesday, March 27, 1963, at 7:00 P.M. emei 1 1 1 215 Messrs. Mabee, Campbell, of the Planning Board, Mr. Snow, Mr. Gardner of the State Department of Public Works, Mr.Gallagher and Mr. C7aake met with the Board for the purpose of discussing the xoute 2 - Spring Street interchange. Route 2 - Mr. Snow presented a plan and the two Boards re- Spring Streei 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 baskets two aluminiam 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 18 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. Upon motion duly made and seconded, it was voted 216 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. Use of Hall Licenses April 19 Upon motion duly made and seconded, it was voted 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 renew the following Auctioneer's licenses: Robert Cann Robert Rockwell Upon motion duly made and seconded, it was voted 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. Article Following a discussion of Article 75 relative to 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. 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. 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: /fenLive 1erk select 217 Agreement 218 Minutes Licenses Guides 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 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 Alan Silverman John A. Graham John Corbett Frederic B. Hubley 21 Highland Avenue 15 Rumford Road 47 Bedford Street 26 Bedford Street 4Stetson Street Guide n n tt Auctioneer The Chairman suggested that the new guides be in - voted to attend the Selectmen's Meeting on Monday, April 1, 1963, to receive their licenses and badges. Discussion was held relative to reconsideration the Civil Defense Article #.1 of the warrant. Civil Defense Article of The Clerk was dismissed at 7:26 P.M. A true record, Attest: Acti g Clerk, Selectmen • Mr trd Cow 1 219.. 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 Departments'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. 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 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. 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. Release Claim Sewer taking 220 Memo for Mr. Gray Air Force Water Contract hearing 250th anniversary C.C. & F. exchange of land 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 takings that have not been finished so the Selectmen 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 Air Force Contract would be Washington. He suggested that Mr. John of Public Works, one Selectmen, should attend. The Chairman was uncertain as to attend, and the Board felt the senior should go if the Chairman were unable the water hearing on held on Friday in Carroll, Superintendent Mr.Stevens, Mr. Legro his ability to member, Mr.Cole to. Mr. Brown reported that the John Hancock Insurance Company wishes to present the Town of Lexington with a picture in commemoration of the 250th 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 side area of Hartwell Avenue. Mr. Damone stated he had a plan which showed 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. The 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. The Chairman asked how much was involved, and Mr. Carroll said it would be at least 300 feet of drain, with catchbasins, $3,000 or $4,000. Mr. Carroll stated with the question of Route 3 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 Winbton Road, relative to a petition to obtain sewer service on Winston Road. He requests estimates of the assessments involved both for sewer and street aoceptance. Mr. Carroll informed the Board that Mr. Higgins was preparing the forms which he requested. Letter from Harold 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 called two years ago and were working on it and said 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. Mr. Burnell stilled:this came up two years ago and the Planning Board and Selectmen worked out an agreement between the two boards. The Planning Board retti.tned the name of Alcott Road. The Chairman stated there is a lot of nuisance 221 Drainage Water condition Lowell Street Request for sewer ser- vice Winston Road lraffic ights Alcott Road - Holmes Road 222 Alcott Rd. Holmes Rd. Float Judges Survey Exchange of land Valleyfield Trust Girls, hockey field 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 the name be changed to Holmes Road, that it should be 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 Itoad for the section between Thoreau Road and Burroughs Road only. The Chairman read a letter from Cornelius P. Cronin, Chairman of the 19th of April Committee, in regard to 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. 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, he felt the Town might exchange the land they own for the land Valleyfield owns, so the Town could mitigate the damages. He pointed out the land the Town owns 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 tha.Sehbol De- partment fdr.any 'excess -peat to; mix'with loam which they are not going to use. The girlst hockey field had a nice lawn. The School Department is willing for Mr. Mazerall to have the peat and will also allow him to strip some sod. 5 223 Mr. Carroll brought up the subject of $2100 which was in the Recreation budget and was to be transferred 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 Pool building stating that work has been started. He feels there is enough money left to get lockers which were originally included and which he proposes to buy if the Board has no objection. He stated the existing building has two rooms which he feels should be made into one large 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 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. Swimming Pool Build- ing Park Dept. 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 MoSherry'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. 224 Upon motion duly made and seconded, it was voted Police 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 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. Bondo Complaint 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 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. Winsor . D,. ;: Jellial 'letter Oi itch 17.,.: 1.963 Vas held over pending a report from Mr. Irwin. 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. 3C CTI 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: Actingerk, Selectmen . 9 . 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, Superl,ntendent 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 227 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 ttclassification 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 importahtfor the Board to know how the budgets are being used durifig 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 replied that he had in estimating. The Chairman asked if he would be interested in the appointment, and he replied in the affirmative. He ')9 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 dears. Mr. Brown asked if the time requirement would be a problem and he replied in the negative. Mr. Babcock said he was project superintendent 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 %tudy 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. Upon motion duly made and seconded, it was voted to reject Mr. Sullivan's offer, it being the Boardts 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. Tax title 230 Insurance Civil Service The Chairman read a letter from Mitchell J. Spiris 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. 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 Anthony Busa, 52 Lowell Street, appear on the list as 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 permission 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. Meeting The Chairman agreed to represent the Board at a 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 J Peabody's proposed tax bill to be held in the Gardner Auditorium at 10:30 A.M. on April 3. 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 celebration of Patriots' Day for the purpose of selling 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 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 Nrtional Secretaries Associ- 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. 231 Hearing Bookmobile April 19 License Use of hall 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, orthe 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 it looks as if it might be an expensive job to repair it, and estimated the cost to be about 51,000, but said he would report later because it might be that more Break in sewer line 232 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: w otitivClerk(, Select SELECTMEN'S MRETING 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. Carroll, 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. 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 instal7.ktion: Massachusetts Ave. Westerly side, at Charles Street, -- One (1) Manhole. 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 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 on(reoord 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 forthe following pole lo- cations: Bids 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: Mawhinney Motor Sales, Inc. Dunn Ford Sales, Inc. Rowe -Jackson Chevrolet. Inc. $ 3,560.00 net 3,600.00 net 3,295.00 net 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 en 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 Rinds 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 betters 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, Mrs. Rich, Collector, Mr. Brown, Chairman of the School Committee, Messrs. Mabee, Greeley, Campbell and Meyer of the Plan- ning Board, and Mr. Myren, 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 system should be estallished, and although the Board recognized that this group is independent, possibly certain itemscould 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 wouldlisten 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. 237 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 deet 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 'board. 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 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 posi- tion where 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 again 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.. Mr. Mabee said if Cabot, Cabot & Forbes wart:;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 Session made public, might adversely a "fect the public security, the financial interest of the own, or the reputation of any person. Mr. Carroll discussed the subjct 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 hewanted, 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 239 Executive Session 240 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. 0n 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 payment. He said he could not understand that because the con- sultant made previous payments. He told Mr. Carroll he had no doubt but thatthe 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 itffim, 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 thebasis 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. 1 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 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 Nowers Road, requesting the installatic•n of a storm drain to run approximately 195' to a connection with the storm newer in Henderson road. Mr. Carroll said, as a matter of policy, he did 241 Claim Drainage 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 to grant the easement, and therefore the Board made the taking. It was agreed to offer the Walnut Farm Trust $100 in full settlement. Minutes Executive Session Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held April 1, 1963. Upon motion duly made and seconded, it was voted 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 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. 243 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. Upon motion duly made and seconded it was voted to accept the following recommendations: Mxamoramdum to: The Board of Selectmen April 8, 1963 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 warrant 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. Traffic Memorandum 244 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 uhttl 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. 0 J 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 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 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. 245 April 19 April 19 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 Order of taking Upon motion duly made and seconded, it was voted to adopt an order of taking in lot 158, a sewer ease- 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 and 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 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 appropri- ate for such installation and land acquisition the sum of $$584,1900.00 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 14 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. 1 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 per- petual rights and easements to lay, construct, inspect, repair, remove, 1 247 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 runiing 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- Baste_^ly a curve tothe left having a radius of 1229.17 feet, distant 203.69 feet to a point; thence burning 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 tur=ning 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 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 easynments 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 on Aforemid Plan Title Book Page Owner 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 1 249 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, as. 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 foregging instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /8/ 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 easement in land of George H. MacBeth and Helen C. MacBeth in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS Order of taking 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 250 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 "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 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, inr-a@s;Q +danaa IOWA Enaft4r _NIt". . 4c'ts q$,1a9' , and l; acts an, 3wadmAnt tl enaar: and_...4t4dAition 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 Boot; 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. 1 251 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 $ 243.23 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 52 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 MIDDL 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." WHEREAS the Selectmen have determined that it is necessary to in- stall a sewer main in the land hereinafter described. trzl 1 1 253 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 easherly 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" Wcst, 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 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°02'25" 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 shown and 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 above descriptions are taken without interference with or prejudice to the rights of the respective owners ofthe 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 whieh 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. 1 Kr!, 25 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 Owner Henning W. Swenson Henning W. Swenson Frank D. Walker and Mercedes E. Walker And said Board, having considered hereby determines that no damages have are awarded. No betterments are to be assessed Lots as Indicted on Aforesaid Plan Unnumbered lot Unnumbered lot Lot C the question of damages, been sustained and none 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, 1964 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 1, 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 loctions 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 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; andto appropri- ate for such installation and land acquisition the sum of $584,000.00 and to provide for payment thereof by the transfer of $33,516.37 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 'xington, 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, 1 1 2;a o. 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 theroto, 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 0°51156" 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°51'56" West, distant 66.58 feet to a point; thence turning and running North 55°51'56" 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 "50' ment" on plan entitled "Plan dated March. 11, 1963, John J recorded herewith and a copy a part hereof. - Sewer Easement" and "45' Sewer Ease - of Sewer Easement Lexington, Mass.", . Carroll, Town Engineer, to be of which is annexed hereto and made 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 Lexington: 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 "45' 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 ?S 1,5 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 northwesterly boundary of the above described permanent easement marked "501 Sewer 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 "50' 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 11451 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 temporahy 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 hereinabilve. mentioned. On each occasion that the Town enters upon the land in which. the aforesaid rights and easements are take 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. 259 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, 1964 Order of taking Upon motion duly made an,seconded, it was voted to adopt an order of taking land of Albert DeVineent, 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 own 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. 1 2.61 We award the damages sustained by persons in their property by reason of the taking hereby made as follows: Owner Albert DeVincent Henry DeVincent. Adolph F. Kroll Alice Kroll Owner Unregistered Land Lots as Shown on Aforesaid Plan No.41 in Plan book 219 Lot s Lots Lots Lots 318-34o, 318-340, 160-176, 160-176, inclusive inclusive inclusive inclusive Lots as Shown on Bbresaid Plan No.42 in Plan Book 219 Albert DeVincent Lots 131-155, inclusive Henry DeVincent Lots 131-155, inclusive Damages Awarded 51.00 51.00 61.00 51.00 Damages Awarded $1.00 $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 stated, it is to be understood tht 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 Selectman of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deeddand the free act and deed of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public 262 Order of taking MIDDLESEX, At a held this Upon motion daly made and seconded,it was voted to adopt an order of taking of land of Oscar W. Carlson and Lillian M. Carlson for a school site in the following form: COMMONWEALTH OF MASSACHUSETTS SS. TOWN OF LEXINGTON meeting of the board of Selectmen of the Town of Lexingto 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 • X 1 263 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 thr 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 "oard of Selectmen COMMONWEALTH OF MASSACHUS,,TTS 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 instrum,1nt to be their free act and deed and the free act and deed of the own of Lexington, before me, /s Hazel J. -Murry otary Public My commission expires November 21, 1964 All above orders were prepared by Nor. Legro and taken by him after executing 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 be considered for appointment to the committee author- ized by the Town Meeting under Article 32 of the Warrant for the Annual Town Meeting. Appointment 264. Meeting Mr. Brown reported tht he and Mr. Gray had attended 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: Select en 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. Spartinto 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 beein 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 ten 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 invitation was accepted. The Town Celebrations Committee was than in a position of having no recourse. Thh 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 Comiittee 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. 1 Mr. Cataldo suggested that 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 the 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. 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 out of the parade. 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. Gray until he moves here. It was suggested that he take a town car, and the Chairman gave his approval, pending approval by the Board. The subject came up 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 ..d01 Co -Chairman Fire equipment Transpor- tation Executive Assistant 268 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 receiving $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 jobs, 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 said when the Chairman goes to Mr. Gray, he should report back to the Board and he would back up any decision of the Chairman one time, but if it continues, $hd 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, 1 1 26 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 tim ; 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 requost 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 these was no discussion and no decision. He said he thought it was 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 during 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. 90 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 inclined 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 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 mot 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 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. Permit 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 Roods 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 1:30 P.M. and 6:00 at night, to do hand duty in the ?72 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 1:50 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 ladywas 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 1 Chairman: Chief: Corr: 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 straightening 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. On in turning tags in on minor violations, is that procedure on all of them? Yes. I would not be sure of the date I talked to Allen McSII 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 274 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 McSherry handled him. I pointed out to Allen that from 4:30 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: 4:50 P.M. and 5:30 P.M. Cataldo: Has 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 beenonhere whettaer I know 1 1 r 5 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. Isaw 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 ile.=: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 had 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 276 McSherry: 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 Streb 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 L1:50 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 wage 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? C1: Caw McSherry: Chief: McSherry: Chief: McSherry: Chairman: Cole: McSherry: Cole: McSherry: 277 I did decide it, yes. You decided any car coming on the right hand side but that wanted to goon the left towards Bedford, you would not let them. 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. 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. 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. 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 You are familiar with rules and regulations of the Police Department? Yes. (Read Section 9 of the Police Rules and Regulations). 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 278 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 hLs received complaints and also a report from the Building Inspector. The Chairman agreed to advise Mr. Castoldi, thatr from i aihts-htiVebetIn 9,eneit'd :and the Bhard Would .like hitt to'm9.ke the building as safe as possible for :the eighhe hood 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 Appointment 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, 196. The meeting adjourned at 12:10 P.M. A true record, Attest: SelecXrien S ;LECTMEN nS MEETING April 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 on April 8. Minutes 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 wh�.t 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 abatementl.of Abatement sewer betterment assessments levied on three lots lo- cated on Emerson Road. 280 IND 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 it7in 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 (604)-781 and AF19 (628)-700, change in rates to the Air Force, it was 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. Mr. Howard D. Adams, 69 Paul Revert,iload, met with the Board and requested thaL, 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 because he was working nights, and it was Mr. John Brucchi 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. Brucchi 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. Brucchi 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 Dog 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 requesting the Dog 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. Restraining Order 282 Winter St. betterments Sidewalk 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 the betterments on Winter Street abated. He said he 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 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. Brenc hick, 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 r,FXINGTON, 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. Lwdgelawn Avenue. On the northerly side from Bedford Street for a distance of 50 feet. Adopted April 15, 1963 A true copy, Attest: /a/ 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. 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. 283 Raising flag 284 Mr. Brown asked if there wiu 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. was outfitted in fire fighting would be waiting for a ride. Mr. Gray was requested to Harold Roederts son equipment and why he 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 suggested. 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. Upon motion duly made and seconded, it was voted to grant the following Sunday Sales licenses: Baker Avenue Variety Harvey J. Comrie Concord Hill Market Woodhaven Five Forks Spa Hancock Market Wardrobe's Pharmacy Country Stores Upon motion duly made and seconded, it wqs voted to deny an application for a Taxi Driver's 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 G. Robert Lea Professional Placement Associates T. Hunter Wilson Taxi Driver rr n Intelligence Office Guide 28 Licenses License 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 nit know as he dia not know what arrangements the Board had made with Mr. Evans. Mr. Cataldo said he did not think any more ments should be made. pay- 6 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. Executive Assistant 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 action. 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. GGray 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 1 287 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. Suggested proclamation of the President and a Proclamation Joint Resolution of Congress designating May 1 as Law Day USA was approved for publication. Assessor Sewer Sewer Water 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- 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 wasvoted 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, to sign an order for the construction of East Street from Frost Circle a distance westerly to existing sewer. (Selectmen's Sewer Orders.) it was voted a sewer in of 488 feet Files, 1963, Upon motion duly made and seconded, it was voted to sign an order for the construction of a sewer in 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 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 alt accepted at the Annual Town Meeting, Alcott Road Baskin Road Bowser Road Brown Road Burrough$ Road Constitution Road Cooke Road Douglas Road Fulton Road Freemont Street Jeffrey Terrace Winter Street March 18, 1963: Lillian Road OxbowYRoad Roosevelt Road Saddle Club Road Ross Road Todd Road Ames Avenue Drew Avenue Eastern Avenue Freemont Street Manning Street The 'meeting adjourned at 11:25 P.M. A true record, Attest: iectiveYCler Selec 28? `'9Q 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, 19$3, 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. It 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 1 291 "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 therfor; 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 pegwl.e 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 Noy 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, anunnumberedparcel, and Land 6ourt 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 Strip No. Two: Strip No. Three: East along said common boundary line, distant 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°0'10" East through Land Court lot B, distant 97 'feet, more or less, to the southerly terminus_ of the southeasterly side line of said Valleyfield Street; thence turning and running North 63°55'30" West, distant 50.30 feet to the pont 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. 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. 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" Eastseto 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 1 1 1 1 293 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 r)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 String 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 •asr.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 Consruction 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 boundary of land ofTown of Lexington an gtan Uglr aq8 . to 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 Owner on Aforesaid Plan Nathan Ribock John C. Morgenstern and James J. Bagnell, Jr., Trustees of Valleyfield Ralty Trust Lot B Cdrtificate of Title 102259 Book 641, Page 109 1 295 Edward W. Hinds, Trustee of Hinds Realty Trust 106 284 Unregistered Land 75727 Book 506, Page 153 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. Brawn, 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 tin foregoing instrument to be their free act and deed, before me, /s/ Donald E. Legro Notary Public 296 Exchange of land for Woodhaven sewer Acquisition of land to straighten Pelham Road The Chairman read a letter from the Planning Board approving a proposed exchange of a portion of the Valley- field Realty Trust land between the Farmhurst subdivision and the proposed lateral of the Woodhaven trunk sewer for an equal area of land which is now part of lot 65 of the 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 fram 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 to the Planning Board, and said this may be something that could come up at the next Town Meeting. It was agreed to ask the Planning Board for its 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 taat 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 f, 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. Carroll estimated $10,000. 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 & 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 3 Ran Fenn, who sugge ed, in so far as Washington is Route 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 Flag Article Minutes Palladino land in rear of Spencer Street 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 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 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 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. Mn. Palladino had written to the Board of Selectmen on March 23, 1963 advising that he was intexeated in selling this parcel located in the rear of Spencer Street, bordering the Great Meadows. The Chairman alao read a letter from Mn. Sanborn Brown to Mn. Palladino stating that he would prefer the 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. Mn. 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. Mn. 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. Mn. 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. 299 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 t'iought 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 three presented their cases to the Board 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 50fi to $1.50 per square foot and vary on the same street. Not over $.15 per squu 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. �QQ 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-1. 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 arc C=; 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 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 301 Landmarks 909 # ,r Appointments recommendations as to the needs of the Town relative to providing public facilities in or near the Battle Green District. The Chairman suggested that the Committee con- sist of two representtives 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 suggested 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 Incorporationofthe Town. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of sack Cert. 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: Permit David F. Packard 79 Ward Street William H. Ryan 108 Simonds oad W. Allen Stuart 6 Philips noad Robert E. Thompson 14 Normandy Road Robert J. Appleton 4 Donald Street Joseph P. Spinelli 39 Fairbanks Road John A. Fiorentino 1 Loring road Gilbert G. Barclay 34 Sherburne Road Upon motion duly made and seconded, it was voted to grant a Yearly Dump Permit to Frederick Stalcup, 1145 Broadway, Somerville. CT; 1 303 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 within the Town. Upon motion duly made and seconded, it was voted to appoint Mr. David F. Toomey, 9 Spencer Street, to the Board of Public Welfare for a term expiring March 31, 1964, to fill the vacancy caused by Mr. LoMbard'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 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. He reported that he received a follow up letter and ex- 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. License Appointment Appointments Carriage House 304 Tax title 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, 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 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: %mac%/v�•�./ Selectm( 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 (dounsel, Mr. Gray, Executive Assistant, and Miss murray 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 employees", together with a sample of "Request For Opinion Under G. L. Chapter 268A -Section 22", which he will send to each department. Mr. Gray had prepared a list of all Town employees, elected officials, appointed officials, committees authorized by Town Meeting, and By -Law Comuuittees. 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 Assessors 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 Constables 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 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 Mown Counsel ad - 'Committee vised, to consist of John J. Carroll, Town Engineer, and William P. Fitzgerald, Chairman of the L'oard of Fire Commissioners, and to notify the Building Inspector to appoint a disinterested individual. Article Mr. Legro suggested that an article be inserted 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 1 were discussed and final action deferred until the next meeting of the 3oard on Monday, April 29. The meeting adjourned at 10:30 P.M. A true record, Attest: J e tiv Clen, Select en 308 Jurors SELECTMEN'S MEETING 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 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 Isoard 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,ffve distributors. He recommended alc 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 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. Whitamb 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. 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. 309 Roller bid Route 3 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 Mobilgasoline 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. 310 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 WPC -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 Committee. 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.mission 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 proper4,-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 8:10 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 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, 1963 and April 24, 1963. 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 Inec:rporation, 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 anu 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. Upon motion duly made and seconded, it was voted to grant the following licenses: Isabelle M. Kitson Town Line Pharmacy, Inc. Trinity tharpacy Brighamst Inc. Louis A. Guadagnino Public Sunday n rt Bowling Carriage Sales rr n Renewal tt rt it Letter was received from The United Fund of Greater Boston relative to appointment of a Municipal Chairman for the next drive. 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 ante in the solution of the location of Route 3. 1S. United Fund The meeting adjourned at 9:55 P.M. A true record, Attest: cdtiv¢/Clerk, Selectmen 314 Route 3 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,. ere 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. 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 roads 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 1964, and Mr. Fitzmaurice replied that it would be 19614.. -J 1 315 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 Houte 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. 316 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 recorrraended 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 consulta±tb 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 Pcr 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. Carroll 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 ter 1 did not have a great deal he could tell the 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 laving 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 Brook 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 that 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 the 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 thoughtit would 315 - 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 election 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 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 Board 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 which is an 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 rather 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 specialelection 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 wee in favor and two members were opj:osed, 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 Boad 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 Boardts decision was. Mr. Greeley asked if the Selectmen wanted the Plan- ning board to work with Mr. Carroll 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: 1 1 w�. 32.1 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 appointment 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 was 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. 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. Truck bids 322. 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. Permit Route 3 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 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 State Department 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 -epartment. 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. 1 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, effective April 30, 1963. Upon motion dulyrmade and seconded, it was voted to accept Mr. Grants 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. Sullivan would be willing to run for the office and he replied in the affirmative. The Chairman stated that nominations were in order for the election of a Trustee to fill the vacancy caused by Mr. Grant's resignation. 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 api;ointed to fill the vacancy caused by Mr. Grant's resignation 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 w!aich, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Mr. Donald R. Grant met with the Board and dis- 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. 323 Resignation Election Trustees of Public Trusts Executive Session 324 Traffic Dog Hearing Tax title Tax title Mr. Gray read a letter from Leo M. Gaughan, Safety Chairman of the Parker School PTA requesting the erection 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 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 whhther 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 lcts 1-2-3-5-6-7 and 8 and wants to acquire lot 4. In checking with Mr. Snow, there was 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 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 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 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 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 Mr. Benedict W. Bertini has bean appointed to the posi- 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 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 Horse Show Resignation Appointment H-1584. The Colonial Store 856 Mass. (Formerly Corner Variety) Robert Bernstein 27 Sanderson Road Starrett Associates 594 Marrett Road Lexington Cab Co. Inc. R-7 Muzzey Street Minute Man Cab Co. Inc.1833 Mass. Avenue Avenue Sunday Sales Auctioneer Intelligence Office Public TT Carriage IT Upon motion duly made and seconded, it was voted to sign an order for the construction of a sanitary 326 License Veto power Route 2 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 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 the possibility of obtaining veto power in connection with the proposed location and construction of Route 3. The Chairman read a letter from E. J. McCarthy, Chief Engineer State Defnrtment of Public Works, with reference to the ;fleeting held on March 20, 1963, at- tended by the Selectmen and members of the Planning Board, advising that the Spring Street interc.iange, as discussed, has 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. The Board instructed Mr. Gray to request the Plan- ning Board to advise the Selectmen as to the status of the proposed re -vamping of the C-1 zoning. The meeting adjourned at 9:50 P.M. A true record, Attest: /a 'FXec iveiClerl4, Select, .en c14F : j 328 SELECTMEN'S MEETING May 13, 1963 A regular meeting of the 'oard 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 Enunah 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 Minute -man. The application was approved by Mr. p. J. Belcastro, Chief Engineer of the Lexington Fire Department. The hearingwas declared closed and Dr. Stechler retired. Upon motion duly made and seconded, it was voted to grant a license to Temple Rmunah to maintain an underground tank for the storage of 6,000 gallons of #2 fuel oil on premises at Route 2 Concord Turnpike. tTpon 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). J 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, he 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 the Selectmen 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's 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 wrier, sewerage and driveway. Upon motion duly made and seconded, it was voted to refer the subject to the -Planning: -Beard for an opinion. At 7:15 P.M., hearing was declared open upon peti- tion of Emerson Gardena Realty Corp. for permission to store 36,000 gallons of #2 fuel oil underground on Oil Enrage 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 moat 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 Width of Worthen and Emerson Roads to the Emerson Gardens Ilty 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 roads. He explained to the Planning board that the first subdivision that included Worthen Road was 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 whsn 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 decided 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 EmersonGardens 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. CI CI 001 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 Hoad 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 accomplishad.,the Planning Board 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 toc:one 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 thrty 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 let 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 and come up with different idths. X02 The Chairman asked if the Planning Board..was re- commending thirty feet in the Grove, and Mr. Mabee 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 tohim 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 to get it through Town Meeting because of the width, he would rather compromise. Mr. Brown stated that the special funds were created for this purpose. Mr. Cataldo stated that it will cost justas much to grass it in. Mr. Burnell asked if the two Boards haft already agreed, over the period of the last three years, that the width shuld 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. L'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 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. Carrell 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 btn..br 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. 0041 OD° 334 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 ifthis 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 east 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 come up with a plan of Emerson Road through Lexinkton show- ing the widths. 41-p goo Mr. Mabee said the Planning Boards recommendation 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 objct 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 would be any section where anyone would akk;-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 Strect. He said he did not think anyone would ask for forty-four feet from 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:)5P.M. Hearing was declared open upon written complaint of Mr. Derek Baker, 23 Ivan Street,against a dog owned by ilia!: Elbert 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 whole truth and nothing but the truth. Dog Officer, Michael Shaughnessy, was also present. Mr. Baker said he regretted having to bring this matter 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 wou:permanently 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. aitc 1 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 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 Mariam 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 Street light 338 and Regulations prohibiting parking on the southerly Traffic side of North Hancock Street from Bedford Street for a biles 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 aceeasto 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 Association, 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 mem in Mr. Carroll's department Mown cars have cars because they are on twenty-four hour gall 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 use Town cars for personal business. Cr oon aav Mr. Carroll reported that bids are beim taken for the construction of a gravel roadway into Baskin Baskin playground and indicated thet.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 LadLea' Night to be held at the Concord Country Club on Wedbesday, May 22. Appointment of a member to the Recreation Com- mittee to fill the vacancy caused by Mr. Bertini's resignation was held over. Appoihtment 340 Mr. Legro arrived at the *eating 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 Appelate 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, Bedford] 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 Cowl :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) tTpon motion duly made and seconded, it was votdd 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: / ec lerkSelectme :1 342 wt Jurors SF:r,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. 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. Mr. Carroll said he had funds in his budget to con- struct an addition to the building at the Center Play- greund used by the Park Department for storage. He submitted a plan prepared by Mr. Harry Erickson of a 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. 343 Building addition 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 negligentin repairing the break and stated that it was repaired within half an hour. Mrs. Hildreth's cleim 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 himit 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 Traffic It was agreed to refer the subject to Town Counsel and also to invite Mr.Mazerall to meet with the Board next Monday. The Chairman read a letter from Julian Soshnick, 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 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 iiules 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/ Otis_: S. Brown, Jr. Adopted May 20, 1963 A true copy, Attest: Hazel J. Marra ecu ve er , e ec men Levi G. Burnell Robert Cataldo Board of Selectmen 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 Air. Carroll had a solution to Fern Street. 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 Sidewalks 346 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 proposedconstruction of Route 3. Mr. Bros[ 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 thatparticular 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 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 wheae 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 May 13. Upon motion duly made and seconded it was voted to appoint Mr. Robert E. Bond, 6 Demar Aced, to the Recreation Committee for a three-year term expiring 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. 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 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. 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. Minutes Appointment Resignation Appointment Liquor 348 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. Tax title Further consideration was given to Mrs. Thomas Delfino's offer of $50 for Lot 4, Block 88 Reed Street. A proposal to sell this lot uas 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- 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 to grant permission to The Use of hall to conduct a Record Hop in from 8:00 P.M. until 11:00 provisions. License License Warrant and seconded, it was voted Lexington.Fire Fighters Cary Hall on May 31, 1963 P.M., subject to the usual Upon motion duly made and seconded, it was voted' 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 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 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, it c . , 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 the 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 850 through the 21i" 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 ,have 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 s;.. 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 everyone's 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 affect the public security, Executive the financial interest of the Town, 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 route 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 disposedto put some of its tax money into a study. He said he hoped a committee, or subcommittee, could be formed, and that 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 ponible, 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 frau 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, additional information will be available to per- mit a more useful discussion. Mr. Legro arrived at 10:40 P.M. Upon motion duly made and seconded, itwas voted to go into Executive Session for the purpose of discussing, 5 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. Be 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 problemon 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: u sec tive" lerkelectmez 354 SELECTMEN'S MEETING May 27, 1963 A regular sweeting 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 Catald© 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, southerly 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. 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 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 1e 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 incorpostate it in the letter. 0a_ Claim 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 children 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 3a. 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 %odgee of Elks inviting the Board to Flag Day Ceremonies 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. Flag Day OD 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 was 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 resi- 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 this year because they are defoliating 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. 358 He then sprays leaf elms and afterthat, 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 the safety 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 sprgying to where it is absolutely needed. He asked the oard to consider eliminating the program against nuisances such as the Oak leaf. Mr. Rdlbert Soule, 10 Hancock Avenue, said he would like to second what Mr. Wilson stated and thought some real experts should be obtained to discuss the subject with the Board or io4her 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 Wa-s eight weeks old. Mr. Gray, 15 Tufts Road, said it is time someone brought this to the oardts attention and he should have done so long ago. He said he has been to the Martignettits 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. 359 360 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 fir.. 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 by 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 of its decision. The hearing was closed and the group retired at 9:05 P.M. 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 said were to show the many cave-ins, not only at the spot of the connection, but alsoabove 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. 362 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 loamed and seeded. 142. 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. aMd Mrs. Kang 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 theamount 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 Wire Inspector, Mr. C. W. MacWilliams, the Concord W it 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. An offer from Mr. Milton Hodgdon to purchase several tax title lots on Asburyand Freemont Streets was held over. 363 Tax title 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-1 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 Civio 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 deliberating, or voting on a matter which, if made xecutive 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 tiv Clerk Selec SELECTMEN'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, ExecutiveAssistant, 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 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 Secretary 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 exactly the same as this except it ran between the Town 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 chasige 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 agrelaent 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 36.5 Claim 366 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, easement 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 referenoe 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 street 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. 00 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 publisway 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. 368 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 Cow 36 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 soar 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. Messrs. 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 gpproaeh 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 Commissioners 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 370 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 sta 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 sued that each man made out an application and the Board reviewed each one, and When 1 it was over, they decided. Mr. Cataldo asked if the Chief was asked for a recommendatic.n. Mr. Whitney replied no, not on the last appointment and on the appointment ofrivates 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 Commis 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. •�r1 372 Spraying 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- 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 suranee 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 it rt; cs -W n 0 ti 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. Mr. Reed asked that Lexington originate a letter 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. U.S.S.Lexing- ton Reunion Appointment of Houte 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 374 Upon motion duly made and seconded, it was voted to sign an Order for 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 Ciec$ec i'rt Peatook-Farm Road a' distance'°of( 40 , feet, moreor: leas3 : fortheviy. to : end. (Seltet i8W Filen, : Sewer, Oraeij$. 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 'own, 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 adjourned at 10:30 P.M. A true record, Attest: Exec ive Selectb'ien 1 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 aflLbids. 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. 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. Spiris 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 thilt 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. 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_i_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 letters 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. 378 Mrs. Thomas said.Eldred-Street is a�drag race area. There is a.policeraan 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 suggested 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 votad 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 Belcastro, the Board of Assessors, and Mr. Mabee of the Planning 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 impnrtant as the zoning change. C-1 coning 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 exlained 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 ar Lx: 1 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 thigs 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 at 380 expenditures and income for the next ten years. He said something such as the zoning is more important to workaon 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 thht 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 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 $1.00for children and $1.50 for adults. Mr. Cataldo asked if the Jaycees would be responsible for police protection, and lair. Michelson repied 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 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. Upon motion duly made and seconded, it was voted to grant the request. Insurance Permit 382 me art 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 Appropriation 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. Letterr: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, Otis S. Brown, Jr., Roland B. Greeley, Natalie Riffin 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. 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: ec iveclarkl, Selecfhne 1 h c3 a: Route 3 Committee Tax title 384:. Tax title SET,FCTMEN'S MEETING 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, Block 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 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. 385 The Chairman asked if it would be agfreeable frith 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. Grayto obtain the desired information from the Planning oard. Mr. Kelley retired at 7:LO 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 barx 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 there 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 Boudreau water & sewer Worthen Rd. Development of athletic & recreation area, Worthen Road Gas main One of the men said he lives one house away and there is 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- drawal slip to Mr. Boudreau forthwith, and that he, Mr. Legro, be authorized to notify the bank that the Town's interest has been satisfied. 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- tive to the total development of the athletic fields and recreation area along Worthen Road and adjacent to the expansion of the senior high school. It was agreed to invite the School Committee and the 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 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. 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. The Board felt this would not affect the Town and that it was not necessary to be represented at the hear- ing scheduled for June 20. Notice was received from Commissioner Jack P. Ricciardi, State Department of Public Works, of a con- ference on urban transportation planning to .be held in Albany, N.Y. on July 1. The Board did not think it was in a position at the 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. Rogers Road Water Dis- trict Urban trans- poration planning Request from the Fire Commissioners for a transfer of $2,708 was held over. Mr. Gray reported that he has been unsuccessful in 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 annual basis was held over. Mr. Gray reported that a representative from the 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 land. Mr. Carroll is anxious to complete this because in a short period of time he plans to use the site. He stated that there was an original pro- 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 Transfer Choral Society equipment Exchange of land with Cabot, Cabot & Forbes made by Cabot, Cabot & Forbes to add a triangular parcel 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 second4d, it was voted to insert an article in the warrant for the Tcwn 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 File 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. j 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 mseting. 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 immediately save the Town $1,000 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 dhte 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 300 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 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. met 111 1 391 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 hai►m.ers 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 ad jua,te.3r_• as there is in the business. ji1s 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. 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 60/40 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 re$rote 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: Cr: 000 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 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 buy. 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 there is a deduction for services already performed by the Town Engineering Department as com- puted, and approved by him and the contract, in his opinion, was in proper form for execution by the Board. 394 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 Lexingtn held on the 24th day of June, 1963, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on Marcs 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 installsewe_ 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 '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 bilande 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 tkr 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 $67,452.72 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 and on behalf of said Town of Lexington the perpetual rights and easements to lay, con struct, inspect, repair, remove, replace, operate and for- ever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under two certain strips of land in said Lexington situated between Compton Circle and Peacock Farm Road and respectively bounded and described as follows: Strip No. One: Beginning at a point in the southwesterly line of Compton Circle which point is situated northwesterly and 12.00 feet distant from a point of compound curvatud°e 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 point; thence turning and running South 82°04121" West through lot 65A, distant 81.82 feet to a point in said lot 65A which point is 1.127 feet North 68°44102" East from the easterly boundaryline of lot 38; thence turning and running outh 68°L44/Q2" West through said lot 65A and said lot 38, distant 147.59 feet to a point in the easterly line of Peacock Farm Road; thence turning and run- ning along said easterly line of Peacock Farm 396 Road by a curve having a radius of W11.00 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°011.'21" East, distant 92.89 feet to the point of beginning; all as shown and marked "150 Sewer Easement" on plan en- titled "Plan of Sewer Easement Peacock Farm Rd. to Compton Circle 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. Strip No.Two: Beginning at a point in the easterly boundary line of lot 38 at its junction with the4,common 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, distJ;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- easterly corner of lot 41-A; thence turning and running North 18°52'25" West along the common boundary line between skid 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 pointof beginning; all as shown and marked "15' Sewer Easement" on plan entitled "Plan of Sewer Easement Peacock Farm Rd. to Compton Circle 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 with Middlesex South District Registry of Deeds, Book 9012, #thence running North 82°04021" East along said common boundary line between lot $$A and lot 63, • 1 1 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 laid in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Owner Lots as Indicated on Aforesaid Plan Bernhart R. Snyder and Elaine S. Lot 38 Snyder, husband and wife Bernard A. Kriegsman and Bernice Lot 63 M. Kriegsman, husband and wife Kivie Moldave and Rose Moldave, Lot 65-A husband and wife 59:7 Unregistered Land Unregistered Land Unregistered Land 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 24th day of June, 1963. /s/ Lincoln P. Cole, Jr. Robert Cataldo Levi G. Burnell Otis S. Brown, Jr. George C. Sheldon Majority of the Board of Selectmen 3987 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 ofyears 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 and 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 Mello Street, northwesterly side, approxi- mately 18 feet northeast of Ingleside Road; Mr. Carroll, having no objection to the proposed location. art 1 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 marl 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- strictions 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 even 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. *matter to a speedy conclusion. He said he assumed this Tax title 400 Mr. Sheldon said he would have to 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 thmm 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 the 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 eiVher 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. 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 was 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 be,n 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° ',Conflict of Interest law (Insurance) Tax title Tax title 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 beforehand. 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 said 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 of Interest law. It was agreed to advise Mr. Reiner of the state- ment previously made by Mr. Brown. The Chairman read a letter 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 the purpose of adding it to the Pine Meadows Country Club. Mr. Gray said he thought some of this property is in the Meagherville 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- chase of tax title lots are to be submitted to the Planning Board before being submitted to the Board of Selectmen. 40al 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 received from the Chief of Police: Martin Lichterman, 5 Constitution Road; Carl F. Sweeney, 40 Shade Street and :eorge Avis, 15 Taft Avenue. The Chairman read a report from '6he committee of six residents of Lexington to study the advisability of the establishment of a Lexington Housing Authority Housing for under Chapter 121 of the General Laws. elderly Upon motion duly made and seconded, it ws 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 Williams 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 approved. 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:rade and seconded, it was voted to grant a Taxi Driver ±icense to Lawrence R. Velte, License 10 Westwocd Road, satisfactory character reference having been received from the Chief of Police. 404 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 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 pertaining to legal matters, the meeting adjourned at 11:10 P.M. A true record, Attest: Q Ole Selec en 406 SELECTMEN'S MEETING July 1, 1963 At 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 bread al.yzer it uses on these wno 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 cast in forty odd. It net only tells about drunken drivers, 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, Ncw 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. 4O6 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 tpinion 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 erl=make it safe. c. 1 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 W. DiRocco's petition requesting permission to 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. W. Cataldo said in his estimation. W. 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 DiRocco 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 net 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. Kr. 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 arecthree houses. 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. DiRooco is willing to sink a well which should satisfy the Town. He said it comes to a legal question whether or not Dunham 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 he 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 Tewn 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. me got1 409.: 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. Mr. 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. TCe 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 Doard 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 poisons to do the mast valuable up-to-date work for the Town. Mr. Carroll replied that he did not think anyone 41 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 $22900' bs?ksbeen Chapter 90 assigned for the improvement of Massachusetts Avenue, on condition that at least $11,150 shall be contribu- ted by the 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 propaga;ton. 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 repair. He said at the preceding meeting, at which the Chief was present, it was stated at that time that no further ex- Penditures would be made to maintain a fire alarm except in an emergency. Mr. Fitzgerald stated 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 when 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 412 Board suggests th.t 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 happendd; 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 oter $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 Cgnunissioners except when his position is being discussed. 1n 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 24 hours a day, whereas the Commissioners may 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 has; to work with these appointments. Mr. Brown said he concurred with Mr. Cataldo to the extent that the Chief is the Commissionerb3 liaison and his comments should be considered and he should be consulted on appointments and promotions. 414 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 Commissioners retired at 9:08 P.M. W. 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. 415: 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 fl;etermine 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 Mbr. 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 Mr. 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. 414 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 akking 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 Associatiaa 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 chane to sell this. He He said without appearing to stall these people, 7 41. 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. Mr. Burnell said the subject could only be pursued with an open mind and the Chairman said the Board's obligation is to the Town. W. 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 Jule 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 C -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 1 415 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 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 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: as it will with Mr. Brox. If, was also agreed to advise her 4140 SELECTMEN'S MF'FTINa 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 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: 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 Selecgmen'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. 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 meeting 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 nbherwisft 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 424 to insert an article in the warrant for the next Town Meeting for a decision by the Town Meeting Members. The Chairman reada statement of claim filed by the Massachusetts Broken Stone Company with the Town Clerk against N. Pandelena & Son, Inc. Mr. Legro explained thbt 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 Panda3ena 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 equilment 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 rr 1 it is going to be cc;nsiderably cheaper tot,o 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 'toad, 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 would 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 wiit 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 423 426 Telephone Cary Bldg. 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, assuming that the Board is going to take Mr. Carrollts 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 night Mr. Cataldo asked about installing another pay 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 Trimount 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 truck 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. Cataido 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 letter from James H. Fitzpatrick, 6 Green Lane, complaining about a sewer betterment as- sessment of $630. Mr. Carroll presented a Flan 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 Permit 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, 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, tri 1 was present and said that the enclosed field would 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 Iodice, 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. 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 429 Tax title 430 Tax title 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 1E., 1962 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. 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 pcinted 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. 1 431 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 requesting permission to make films of the Lexington Battleground, Buckman Tavern, Munroe Tavern, Hancock -Clarke Housd and Cary Memorial Building. 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. Landon 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.C.A., referring to the Pound Bill, were received and copies sent to the Dog Officer. The Clerk was instructed to send copies to the members of the board. Upon motion duly xn de and seconded, it was voted to appoint the following Election Officers for 19;-3-1964: Pound Bill 432 D D R R R D D R D D D D ELECTION OFFICERS 1963 - - 1964 Edna F. Marshall 110 Woburn Street Michael Lovezzola 242 Waltham Street Mary E. Clifford 54 Chase Avenue Alice G. Marshall 9 Independence Avenue Sally S. Hooper 282 Bedford Street Edna R. Anderson 21 Leonard Road Eileen J. Fradette 35 Grapevine Avenue Joseph 0. Rooney 51 Grant Street Hazel G. Nickerson 19 Hillcrest Avenue Mary J. Ferry 50 Downing xoad Ann L. Ford 1989 Massachusetts Avenue Marjorie Modoono 285 Woburn Street Mary A. Spellman 24 Shirley Street R Agnes Heimlich 796 Massachusetts Avenue R Marjorie E. Wirpio 22 Bartlett Avenue R Helene L. Ignico 18 Outlook Drive D John McDonough 54 Woburn Street D Randall W. Richards 67 Farmcrest Avenue D Mary G. Oliver 610 Waltham Street D Elizabeth F. Downey 4 Farmcrest Avenue D Henry P.Meade 50 Percy Road R Nellie I. Batstone 14.9 Bartlett Avenue R Ida B. Fiske 10 Spencer Street R Florenne M. Boone 112 Bedford Street R Mary G. McCauley 75 Spring Street R Ilda J. Field 30 Chase Avenue mc Art1 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 Jihly 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, AttAst: 434 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 Assistant, Mr. Carroll, Superintendent of Public eorks, 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 Stbrage 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 435. 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 vote,,is received. Mr. Legro stated thlt 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 diign contract, prepared by Town 'ounsel, between the Town and The Kenney Co. Mr. Legro reported that the lease, with Minot, DeBlois & Maddison, in conneetion with the parking areaat 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, DeB1ds & 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 approacted the Follen Church, a car was going to make a left turn. The cruiser had ample room to go behind but suddenly the driver changed 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 436 Damage to cruiser involved in. He said Rowe -Jackson would propably 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, w1aieh 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 ear 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. The Chief asked if he would have to request bids and 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 msde 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 .with Mr. Devine and Mr. Carroll in an effort 438 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.) Minutes Upon motion duly made and seconded, it was voted 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 they were recommended by The particular design of to 3etermine. Mr. Carroll retired the Traffic Study Committee. the signs was left to Mr. Carroll 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 inexperienced anduntil they have had more, it is not appropriate for them to get into this decision making 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. 439 Executive Insurance Committee 440 Executive Insurance Committee 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 bond 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. Mr. Sheldon said he assumed they would want to make an exhaustive study of what the Town has and what it should have abd 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 her often shodd 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 ready by March first 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. Welsh 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- fications for men performing extra duties, other than those under which they are classified, was held over for the 1961. 'Audget 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 Fire Dept. extra duty 444 Tax title 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. It was agreed to invite Mr. Mabee, 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 TQx 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. Cetaldo 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. 44. 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 report 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 that 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 ='rom the nearest playground. 446 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 Avenue; 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 position for $61. The starting salary in the Evans Report is $59. This girl has seven years' experience. Upon motion duly made and seconded, it was voted to authorize payment of $61.00 per week. Switchboard IOperator's j s1ary 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 $11,000, 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• (4 448 SELECTMEN'S MEETING August 12, 1963 A regular meeting of the Board of Selectmenwas 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 Mr. 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 that 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 showadthe 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 wrs 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 ofantifreeze 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 the Town Counsel should represent the employee. Town Counsel 450 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 IPainting - 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 mare 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 (Telephone Town Office Building be moved over there, but it was the 'booth consensus of oinion of the Board that it should be left as it is, and have a booth installed in Cary Building. Mr. Car-oll 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 he should start Coo 1 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 tip 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 stated that Grove Street 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, 34. Middle Street, with refer- ence to 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. r 45' Rusty water 452 Garbage collection Garbage complaint Garbage complaint The Chairman read a letter which Mr. Carroll had sent to Roketenetz with regard to the garbage collection. Mr. Carroll stated he felt the Bord should talk with the bonding company. He has talked many times with Roketenetz but feels it is simply lack of super- vision and until he has it, he will not have good col- lection. Mr. Roketenetz has been charged over $300 for missed collections, and the office has been getting forty or fifty calls a day. Mr. Carroll 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 were sent to the Board, was discussed. The Board agreed to meet with the Board of Health early in September. Letter from Mrs. Jeihn L. Malaguerra, 11 Plainfield Street, was read by the Chairman. It was agreed to advise Mrs. Malaguerra that the 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 reputationof any person. Following a report on Town -owned house, Assessor's request for trandfer, 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 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 Counsel many years ago,to the School Committee, for legal questions, and service rendered various times. With over seventy people employed by them, he felt theyewere 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 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 lock 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 lihbility. 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. 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. 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 453 Insurance Executive Session 454 Tax Title (Kelly) Transfer 'Tax Title (Hamilton) Tax Title (Pisiello) IRadio Equip- ment Maint. Minutes July 30, 1963, relative to Mr.Kenneth Kelly's offer to purchase lots 20 and 21, Block 16, Earl Street. 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 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- ive, on Freemont Street. = 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 Pisiello, 48 Freemont Street, for lots 631-6344: 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 Equipment. 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 to approve the minutes of the Selectmen's Meeting held on July 29, 1963. The Chairman read a letter from the Planning l'oard relative to the establishment of conservation commissions in Massachusetts municipalities. The Board voted to hold this over until its 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. 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 was read and placed on file. Application from Rowe Chevrolet, Inc., 39-41 Bedford Street, for a change of name in their Ist 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 Chairman. Upon motion duly made and seconded, it was voted to grant the permit. Letter from Blair L. Perry, 11 Bellflower with reference to the Special Election held on 1963, was read by the Chairman. The Chairman stated he would reply to the Street, June 17, letter. Upon motion duly made and seconded, it wa- voted to sign Certificates of Incorporation on behalf of the following individuals, satisfactory character refer- ences having been received from the Chief fo Police: Charles B. Peck, III, 94 North Street, Lexington Alfred H. Bloom, 21 Demar Road, Lexington 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 4.55 Conservation Commissions Permit Memorandum License Yearly dump permit Special Elect ion Certs. of Inc. 456 Licenses by the Chief of Police: 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 irt 1 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: Ply(. r, .« f Acting Clerk, Selectmen. 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. Grayl; 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, Bating 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: Robert S. Bernstein, 27 Sanderson Road; Emerton M. Calvert, 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, four guy wires and anchors on Robinson Road. Mr. Stickney, representing the Boston Edison 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: 457 Jurors Pole, guy wires and anchors 458 Pole location Robinson Robinson Road, southerly side, at Grove Street, - Oneppole. Four guy wires and anchors 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 in the hearing. 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 axil. Tenney retired. Upon motion duly made and seconded, it was voted to grant petitions and sign orders for the following j/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. ana 1 459 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. Mr. 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 B & M trans- portation of rock salt Minutes Conservation '!,Commission 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 him the salt was purchased from the lowest bidder and the freight is part of the bid. He said the railroad 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 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 see if the Town would vote to accept Section 8, Chapter 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 1 461 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. 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, satisfactory character reference having been received from Chief Rycroft. Upon motion duly made and seconded, it was votad 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. Tax title Cert. of Inc, 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 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 pablic 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 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 463 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 in the George W. Taylor Flag Fund is $490.42, 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 lbtt;om 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 aff irme;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. 46.5 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 $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. bamilton said he would not care to but would be forced to, gut 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 could let his bid stand and agree to accept the Planning Boards 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 suggested 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 Rosd, who bid on a part of the land presently under discussion. She has made an offer on this piece of property. 466 ITax title Ct; Mr. Gray reported that Mr. George Pisiello, Z1..8 Freemont Street, one of the bidders, said he meant to include the betterments in hie bid and it would have been high but Mrr. 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 and certain bids came 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: 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 :Superintendelit 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 proviie '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 Follen Church, asked how far 7,489 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 Follen Church is having a Fair on Saturday, September 1L, and she would not like to have this proposed work interfere. M. 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 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 that 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 shew 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 undergnund conduit. Clarke Street: Southwesterly, from Forest Street, approxi- mately four hundred and ninety four (494) feet of underground conduit, also one (1) manhole 5L/77. Clarke Street: Northerly, from M H 54/77, approximately thirty nine (39) feet of underground conduit. Parker Streat: 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 sevehty- fdrr (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 s. 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 said the normal procedure would be to apply to the Board of Selectmen for an abatement. The Board authorized Mr. Legro to suggest that Mr. Sleeper follow the usual procedure of applying to the Board for an abatement. Raytheon Mr. Legro reported that Raytheon petitioned for an assessment of damages against the 'ommonwealth which involvesa taking on Route 2 under which the Town has 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 4 1 find out what the expert's appraisal is, and then leave. W. 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 Yj 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 zone 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 an 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. Mr. Nesbeda requested a meet- sewer ing with the Board. 472 Transfer 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 Nyren, Director of Cary Memorial Library, met with the Board. The Chairman explained that Mr. Brown had invited Mr. Nyren in to discuss the $7,000 transfer requested last week. Mr. Gray said in talking with Miss Murray and Mr. White it appeared that Lhe 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 mot included. He said he aleootalked 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. 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 to grant permission to Porter & Desmond to move a house 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. Mr. Gray indicated the loton 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. Tax title 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 Planning studies. Mr. Director of names views. 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 to grant the following uses of halls: Chairman read a letter from the Boston Regional Project relative to home interviews for traffic Gray was instructed to ask the Planning Project to furnish the Police Department with a list of individuals who will be making the inter - Cary Hall Cary Hall Estabrook Hall Knights of Columbus Lex. Fire FigU rs Bay Path Girl Scouts Traffic study was voted Uses of halls April 11, 1964 Sept., Oct. and Nov. Sept., Oct. Mr. Carroll retired at 8:40 P.M. Upon motion duly made and seconded, it was to grant the following licenses: David C. Dionne, Robert W. Hawkins Brian J. Spencer William P. McKay Charles F. Maguire 75A Outlook Drive 2 Patricia Terrace 3 Stetson Street 34 Grapevine Avenue 291 Wood Street voted Intelligence Office Taxi Driver Taxi Driver Taxi Driver Taxi Driver 474 Upon motion duly made and seconded, it was voted to appoint the following Police Officers for terms ex- piring March 31, 1964: SPECIAL POLICE COMMISSIONS Expiring March 31, 1964 Acheson, Eugene A. Adams, Alan G. Allison, Howard D. Anderson, Carl Baker, Ramon C. Ballou, Sidney R. Barrett, E11iOtt J. Bickford, Walter E. Brunn, Ewart M. Butler, Lawrence M. Cabral, Joseph E. Calhoon, Albert J. Carroll, James J. Clifford, Malcolm H. Colbert, Edward P. Dearborn, Horace N. Dearborn, Murray G. Dooley, Henry W. Dreselly, Andrew Ericsson, E. Alden Fifield, Donald M. Finney, Charles A. Flack, Clifford F. Foster, George E. Gagne, Maurice A. Galvin, Russell P. Greening, Caywood Gazan, Samuel E. Howie, Colin A. Jefferson, Charles E. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. 2634. Massachusetts Avenue 15 Somerset Road 15 Utica Street 41 Ledgelawn Avenue 14 2013 15 82 40 24 Stratham Road Massachusetts Avenue Donald Street Waltham Street Downing Road Woodland Road 47 North Street 104 Simonds Road 17 Muzzey Street 54 Chase Avenue 794 Massachusetts Avenu• 16 Stratham Road 16 Stratham Road 77 Baker Avenue 12 Patriots Drive 41 Preston Road 25 Rdams Street 36 Albemarle Avenue 41 Outlook Drige 10 Plainfield Street 18 Middle Street 21 Crescent Hill Avenue _688 Marrett Road 112 Bertwell Road 114. Scotland Road 8 Alcott Road 46 Fern Street 51 Spring Street 36 Woburn Street. 33 Liberty Avenue SPECIAL POLICE COMMISSIONS Kakas, Edward G. Kleinberg, Edward F. Lannquist, Arthur Lewis, Raymond E. MacDonald, Charles Maloney, William T. MacLean, Ralph D. Merz, William F. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert Nickerson, Benjamin Pierpont,, Wilfred D. Jr. Polley, John D. Prescott, Robert Redmond, James Reed, Haskell W. Reilly, John F. nichards, Randall W. Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rossi, Anthony J. Ruocco, Louis Ryan, William J. Samuels, Frank T. Jr. Saunders, Robert W. Sellars, John A. Seymour, Cyril V. Shaw, James C. Stader, Frederick Smith, Edward C. Smith, Walter C. Jr. Sorenson, Axel Turner, Gerald C. Walsh, James V. Webb, Edmund A. Wilson, David L. Jr. Wright, Glenn (CONT'D.) 144 Locust Avenue 41 Moreland Avenue 153 Shade Street 11 Hancock Street 24 Bernard Street 289 Bedford Street 9 Spring Street 252 Marrett Road 8 Rindge Avenue 5 Bennett Avenue 9 Sunnyknoll Avenue 81 Gleason Road 4 189 6 Taft Avenue Wood Street Forest Street 7 Dunham Street 72 Lowell Street 43 Downing Road 67 Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 2 Wheeler Road 28 Theresa Avenue 21 Grant Place 31 Grassland Street 295 Marrett Road 430 Concord Avenue 6 Paul Revere Road 24 Homestead Street 23 North Hancock Street 55 Taft Avenue 17 Coolidge Avenue 7A Revere Street 9 Hillside Terrace 152 Bedford Street 43 Hayes Avenue 24 Homestead Street 67 Simonds Road 475 476 Special Police Yewell, Paul G. Young, Stanley R. Zittell, George S. Commissions MASSACHUSETTS INSTITUTE Joseph E. Ewers 12 Old Coach Road, Weston John A. Carroll 4 Roberts Road, Framingham Robert J. Vinsec 310 Boston Post Road, Wayland Bertram H. Adams, Jr. 127 Wyoming Avenue, Malden William L. Spiers, Jr. 185 Lowell Street, Lexington (Con'td.) 6 Leland 86 Winter 306 Lowell OF TECHNOLOGY ITEK CORPORATION Lieutenant Charles E. Benedict 43 Oxford Avenue, Belmont Lincoln P. Cole, Jr. Otis S. Brown, Jr. Levi G. Burnell Robert Cataldo George C. Sheldon Bernard J. Belcastro John J. Carroll Paul Mazerall Anthony Rochette CARY MEMORIAL Terrace Street Street Edward T. Gallagher 8 Spring Lane, Maynard Howard D. Ryder 2 Wilson Road, Lexington Arthur L. Goodfellow 12 Edge Street, Ipswich John E. Barnes 26 Kenmore Road, Malden 3CCoo 1 William J. Clancy 91 Tyngeboro Road, N. Chelmsford 1 Selectman rr n rr Chief Engineer, Fire Dept. Suptt. of Public Works Park Department Janitor, Town Offices LIBRARY Karl E. Nyren 17 Charles River Terrace, Newton William F. Buckley 612 Main Street, Stoneham Peter Simoglou 25 Berkeley Street, Watertown Wesley Doak 7 Stetson Street, Lexington Edward J. McDonnell, Janitor Highlands 1 477 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 beenbeforethe 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: 478 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, September 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 reported that 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 ofthe intersection, and the Committee recommended that the Board send another letter reiterating the request. He reported that he contacted the Stere 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 kot::.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 Burhham 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 Serviee regulations and when all necessary changes have been 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 Lowell Street, westerly side, approximately eighty feet Kiln Brook Pole removal 480 Partial release of sewer better- ment Storage in Cary Building 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 the Town has a lien on the entire DiSilva property and he wanted a partial release of the property taken by the Commonwealth so that the Commonwealth may be able to pay 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 to use them. 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. W. 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 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 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. Cert. of Inc, Use of hall 482 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. Block dense Hayride Paper Drive Transfer The Chairman read a letter from William R. Whalen, requesting permission, on behalf of the residents of 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 Folien Community Church 125th Anniversary Fair, requesting permission to conduct a hayride on the 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 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. 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' 483 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 gettogether 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 also 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 1 485 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: / Sc ve/ 486 Tax title SELECTMEN'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, Burne12,, 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 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 1 48 following j/o pole locatiorg 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. 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 Tax title 488 Upon motion duly made and seconded, it was voted 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 -State 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. Mr. Brown suggested two separate motions. Mr. Sheldon's motion was not seconded, and therefore lost. Mr. Cataldo moved thct 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 Insurance 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 a;overnment 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 oh 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 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 25ie 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, -n, CNN 1 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 erformed by men in the Fire Department other than those under which they are classified, was placed on the agenda. 492 Overtime 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 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 letter from the Appropriation Committee advising that a transfer of $750 to the Park Department Wages and Expensas 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 9t,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 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 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 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 to appoint Lieutenant James F. Corr, Acting Chief of Police during the period of time Chief Rycroft is on vacation. Exhibit Licenses Use of hall Acting Chief 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 Cow 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 Nr. 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 watisfied 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 ng y 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 Ciyi1 Rights Committee iaddoing. 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. 1 1 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 Boardrof 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. 495 496 Tax title 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. 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 true record, Attest: R SELECTMEN'S MEETING September 23, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Bulling, 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: 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; nobetterments being assessed and no damages being awarded. Upon motion duly made and seconded, it was voted to execute the Order of Taking in the following form: COMMONWEALTH OF MASSACHUSETTS 497 Jurors Sewer taking 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 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 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 b the transfer of $63,570.00 from the Sewer Assessment Find, 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." WHExEAS the Selectman have determined that it is neces- sary toinstall a sewer main in the land hereinafter de- scribed. NOW, THEREbORE, 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 1 499.. 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 Roac., 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 binning; 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. 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 prejudice to the rights of the respective owners of the land, except so far es 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 easements are taken and performs any work thereon, it shahbe 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 rai.thin the taking. Soo 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 lard 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 Rosanna L. Kirlin Charles H. Ehlers and Arlene Ehlers, husband and wife Lot 46 Lot 44.7 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 day of September, 1963. Lexington as foresaid, this a3rd /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 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 the Commonwealth for highway purposes. Upon motion duly made and seconded, it was voted to execute release prepared by Town Counsel, in the 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. 501 Partial release of sewer betterment 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 November 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 5O2 Sidewalk ''contract Tax title 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, 197Q 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 Street, Lincoln Street and Emerson Road) in the amount 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 willing 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 possible to apportion bhe 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 hac 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 possible future setback of the Central 503 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. Carrell, #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, representing 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 504 Blake Road this year for resurfacing streets. Mr. Carroll intends to do this street if sufficient funds are left after doing streets that are main thoroughfares. If there are no funds, the street will be p.^t ched 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 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 andacceptance 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. 5 It.. 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 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 Freemupnt 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 resident of Stoneham who is working in Lexington and has refuse from his jobs to dispose of. Dump permit 506 Upon motion duly made and seconded, it was voted tO grantthe following licibnsd.s: o Robert F. Wilcox Andrew J. Gnoza Lex -Mil Theatre, Inc. Taxi Driver 1r n 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 Mario Dinally Edward Sorli Bernard J. Link Lawrence Kolbrook, Jr. Anthony B. Zarella Albert Gray, Jr. Executive Assistant The Chairman reported that a request for a paper 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 hetween 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. Nr. 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. 1 1 1 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. 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: Appointment 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. Tax title Mr. Legro steted 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 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." WHEREAS the Selectmen have determined the 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 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 Skyview Road to Volunteer Way and bounded and described as follows: Beginning at a point Road, which point is line having a radius boundary line of lot in the northerly line of Skyview at the southerly terminus: of a curved of 9.13 feet and being the westerly "B" on plan hereinafter mentioned; 510 Cr: 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 10I 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 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 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 1 a 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 MASSACHUSETT'S 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 snd 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, Circle Road tax title lots Mr. Legro sa d_that some time.ii 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 is invalid. He stated there also had to be work done 'by - Nr. Stevens,to_obtain a certificate of title pertaining to the other lots. He reported that he has had conversation with Mr. Tropeano who advised that the Trustees would like to take title to those 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,E 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 thr.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 Tuwwn 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. 514 Vine Brook Realty Trust street bet- terment Mr. Carroll said it is about $10 an hour. Mr. Sheldon said he was talking about $1,000. The Chairman a�.ked 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 betterment 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 Development could get together and build.: there, whereas at the present time, neither lot is buildable. Mr. Sheldon asked if something could be done by 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. It was agreed to ask the Planning Board for its recommendation, payment nottbbe made until such time as the subdivision has been approved by the Planning Board. Upon motion duly made and seconded, it was voted to grant petition and sign an order for the following j/o pole location: 515 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 hearing on October 16 relative to to the water system. Notice was received from the hearing on October 25 relative to to the sewer system. Mr. Gray and Mr. hearings. MDC regarding a proposed improvements Hearing MDC regarding a proposed improvements Carroll are to attend both A letter from Mr. James J. McDevitt, 36 Colony Road, with reference to a sewer connection service charge, was referred to Mr. Carroll. 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. Mr. Carroll presented a plan and explained the 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 of 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 being considered is not assessing the Trust at all. Hearing Sewer con- nect charge Street betterment 516 Transfer The Board determined that 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. Reymond L. White, Town Accountant, requesting a transfer 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 $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 cof1d 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 511 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 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 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 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 moving his house, and the cost involved in moving the electric wires. The Board decided th^t 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 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. Complaint Transfers Permit gd.ison wires Use of hall 518 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 toard of Assessors, the meeting adjourned at 9:50 P.M. A true record, Attest: SETRCTMEN' S MEETING October 7, 1963 A regular meeting of the Board of Selectmen was held in the Selectme'is 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, Execute Assistant, Mr. Carroll, Superintendent of Public 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, 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 made a mistake. In the vote of the Board, the restrictions were that 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 and 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 rurchase tax title property and to the letter of September 20, 1963 received from the Planning Board. 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 taking 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. Sheldon 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. Tax title Tax title 520 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 #rhe 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 wac 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. 'Tropeano, 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 1 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 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 to award the contract to Louis Tropeano. Mr. Carroll reported on bids opened construction work. Upon motion duly made and seconded, to award the contract to the low bidder, the bid price of $16,323.00. for sidewalk Bid 521 Sidewalk it was voted bids Belli Bros., at 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 $473,806.40, alternai ##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 Board that an article should be inserted in the warrant for the Special Town Meeting requesting an additional appropriation of $30,000. 522 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 Nickerson who is Mr. Carroll be obtained from Mr. Sheldon Nickerson. suggested cont the liaison. said if defini the Park, that suggested that acting Mr. Donald E. to information could it would be the thing. Mr. Carroll see Mr. 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. Gelles 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, 2L. 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. 522 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. Mr. 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 expenditure.,. Upon motionduly 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 subject. Upon motion duly made and seconded, it was voted that the Town continue to award its insurance 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. Delf ino'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. Transfer Insurance 524 Sidewalk 1Standing jBuilding Dode Com- mittee Executive Session 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 National 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 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 business during the past five years. Mr. Charles Cole, architect, was present and stated his views as to why he was in favor of such 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 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. 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: /EX -64c Selectien 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 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 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. Air. 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 the 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. - Conduit. 528 Bedford Airport Road, at Massachusetts Avenue, a. distance of about 70 feet, -- Conduit. -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. Mr. 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 Superintendent 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. Mme. Serverson withdrew the petition and said he would see if something else can be worked out. Mr. 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 $12,249..=: 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 bidss and stated he reported that C. DiMartino & Sons, Inc. was the low bidder with a base bid of $73,806.40, alternate #2, $478,724.60 and alternate #3, 73,857.50. 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 $36,000 which Cart 529, resulted in this being the low bid. He said this means subject to the approval of the Federal government, the contract ban be awarded for the entire job without request- ing additional funds. Mr. Carroll presented a plan entitled "Plan of Land in Lexington, Mass.", and indicated land in the vicinity of the sanitary land fill area owned by Cabot, Cabot & Forbes. He pointed out the parcel which was originally discussed to be acquired by the Town and the parcel to be exchanged. He said he had checked and found out that Cabot, Cabot & Forbes was asking 15 a square foot for its land, 5¢t of which would have to be paid to Reiss. He in- dicated an area Mr. Cataldo had suggested dumping be started and said theft in his opinion, 170,000 feet at 1S$ would be expensive. He said even at which Cabot, Cabot & Forbes would have to pay Reiss is $8,000 and he thought the Board shoull 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. RindgpcAvenue, 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 rit 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. Be said whether the Town has the right to dump the water Public and Institution- al Property #lO4 Article Central Block set- back there or went ass Mr. it would opinion Mr. detail n not has nothing to do with the street better- essment. Carroll said he agreed but he did not think do any harm to wait a week, and it was his that the land had been bettered by the street. Carroll agreed to report on the subject in more ext week. Upon motion duly made andseeonded, it was voted to approve the minutes of the Selectmen's Meeting held on October 7, 1963. A letter, copies of which were sent to the Board, was received from the New England Fire Insurance Rating Association in regard to Public and Institutional Pro- perty #104. It listed several recommendations per- taining to the Red Cross Building, Schools, Fire Station, Police Station and Library for immediate attention, and requested 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 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 to the setback of the so-called Central Block. It was agreed to acknowledge the letter and place it on file for future consideration. The Chairman read a letter from Alvin Y. Morrison, in reply to the Board's letter of September 24, 1963, relative to Lot 7A Pleasant Street which abuts his rear property and which he had made an offer to purchase. Upon motion duly made and seconded, it was voted to sell and convey Lot 7A Pleasant Street to Mr. Morrison for $300, plus $609.$8 sewer betterment, without the 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. 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. Satisfactory character reference was received 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 evenings of November 1 and 2. Upon motion duly made and seconded, it was voted 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. Upon motion duly made and seconded, it was voted to insert the articles requested in the warrant for the Speak]. 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 he was on the committee in 1958 when work was done on the Building By -Laws. He explained that at that time, it was the thought of the committee that there should 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. Tax title Use of hall Common Victualler Vse of hall Articles Standing Building Code Com- mittee 532 Y Article 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 to insert an artiole 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 Mi..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. Spiris' 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. EJ Mr. Burnell said a couple of years ago, the Plan- ning Board 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 that 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 qualifiedor 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 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 to familiarize himself with the plan, explain it to the 534 Executive Session Board, and then the Board could look at the plan on the ground. Mr. Carroll agreed to report nett week. 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, 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. W. Sheldon asked if there was any hope, and Mr. Mabee replied that he did not have the leatt 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. W. 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. W. Mabee said the Planning Board agreed to notify them that it intended to rezone. W. Cataldo said the State was well aware that the zir 1 50a 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 Committee 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 have a more definite reptrrt 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: , cueiV6 Selector r. 536 SELECTMEN'S MEETING October 21, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room Town Office 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-1. He explained that C-2 is a spall 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 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 certificate 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's, they put some of the equipment outside. They now propose to put some more sitilar 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 Gommittee 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. Nr. 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 Share detthe cost of constructing Worthen Road and Rezoning 538 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 Board 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. 1.5 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 Board 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. Mr. Carroll reported that he received a petition from the residents;.of Rindge Avenue requesting the Town to correct the situation existing on the street 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. The 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 assessment in the amount of $1,311 levied against lots 211-2,15 Rindge Avenue, with interest, until the lots 539 Vasseur's street bet- terment assessment 540 Route 2 or any part thereof are built upon, sold or until the expiration of three years from the date hereof, which- evgr 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, 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 %airman 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. Hunting Sidewalks 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 Follen Hill Estates Association requesting the Board to post the Town land in the area to eliminate hunting and also inquiring if the Board intends tobuild sidewalks on Follen Road. Mr. Carroll reported that he put ten signs up in 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 1 541 Mr.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 "f'or a period of ninety-nine years. Por. 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 him, 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. 542 Executive Session Minutes 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 tope public security, the financial interest of the Town, or the 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, upon motion duly made andseconded, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 1L, 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. 1 Letter 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. rtTpon motion duly made and seconded, it was voted to cbhy the request. Mr. 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 Planting board, this being something that Board has been working on. 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 helpful to the Town in its planning for the future. Mr. Gray was requested to follow this through and report to the Board. The Chairman read letters from Mr. Jeremiah, Wire Inspector, and Mr. Irwin, Building Inspector, pertain- ing to car allowance for Mr. Jeremiah. Tt was agreed that this was a subject to be eon- sideihed when the 1961E budgets are being discussed, and 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. %pon motion duly made and seconded, it was voted to aspoint Mr. Cole, Chairman, to serve on the Liaison Co ttee. Lyon's lots Waltham Street Capital Expendi- tures Wire In- spector transpor- tation 544 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 Invitation of Selectmen inviting the Board to participate 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. Radios 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 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. Mr. 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. Mr. 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 these, six made provisions for court pay. Mr. Gray recommended that the Board consider in- cludinga sum of money in the 1964 budget to pay Offices for time spent in court during off duty hours. Mr. Gray reported that Lieutenant Corr covers most of thel cases. 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 atDistrict �r Sjri� 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. M. 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 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. Off duty compensation Diorama 546 Article Mr. Burnell said he thought any contributions should be made individually. At 10:07 P.M., the Planning Board met with the Sele etmen. 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 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 wan 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. W. aheldon asked if he was still talking buffer zone,', and Mr. Mabee replied in the affirmative. The Chairman reminded the group that the warrant closes this evening. r. 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. 4!r. Cataldo said he would like to see this done, but would like to see it done right. W. 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. . true record, Attest: c iv Select n // r 54 548 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, 11.2 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. Articles Executive Session Mr. Legro went over the articles for the warrant of the Special Town Meeting to be held on November .25, 1963. 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 to 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 to go into executive session for the purpose of dis- cussing, deliberating or voting on matters, which, if 549.. made 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. W. 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 repot. 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 $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. ?fir. Sutherland requested the appointment to discuss conditions existing on property owned by Mr.Joseph A. Complaint Goodwin and located at 9 Pea -°1 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 550 under advisement, check with the Building Inspector and advise Mr. Sutherland. Mr. Lawlessa'eported that there are nine junk cars, broken glass and a sewing machine in the yard. Mr. 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 knoeked 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, complaintng 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, 1963, at Room 166, State House, in regard to the pro- posed service curtailment of the Middlesex and Boston Street Railway Company, to become effective November L, 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- orial Hall and Estabrook Hall and to adopt the amended regulations, effective October 28, 1963, in the follow- ing forte: REGULATIONS FOR USE OF CARY MEMORIAL BUILDING FREE 1. 2. 3. 4. Official or customary events of any Town Department. Elections or emergencies. Such occasions as are authorized by Town Meeting vote. 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 iset3ngaged. $35.00 MAINTENANCE FEE All events not listed in the above cate- gories involving local residents or organizations using the premises for a profit. Curtailment of bus service 1963. Use of hall 552 $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 1 lir Po 41 aaai 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.e ize 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- quirements. The Chairman asked if it was Mr. Snow's idea to keep an area, which he indicated on a plan, opal, and Mr. Snow replied in the affirmtive. 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. Center play- ground area 554 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 Boad, 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. 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, Where 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 W. 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. ifr. 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 Nr. 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: ive/Nie :, e ec en 556 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 like the proposed solution. Mr. Carroll said that for the time being, he had advised the contractor that he will breakoff 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 statedthat all that would be done would be to channel the water. 1 1 1 The Chairman asked if the Town had the right to flood private property, and Mr. Caixoll 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 brcek through his property. He said the land is low and will not take any more water. Mr. Carrell 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 WOO and $5010 a foot installed. Mr. Carroll questioned whether curbing could be in- stalled under betterment. 558, 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 haae 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 about 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. 560 Permit Lot B Meagher - villa Minutes Platform Lincoln Street Complaint Upon motion duly made and seconded, it was voted to grant a permit to Porter & Desmond to move a house from 10 Pilgrim Koad, Arlington, to Lincoln Street, subject to the usual provisions. The Chairman read a letter from Mr. Roland B. Greeley, with reference to so-called Lot B of the Meagherville School Site. Mr. Gray was instructed to follow through on Mr. Greeley's suggestion. Upon motion duly made and seconded, it was voted 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 on the owner of the land. Mr. Car-oll explained that Mr. Irwin knows the 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. to property at 334E Woburn Street and Mr letter of October 21, 1963. It was agreed to defer action unti report from the Planning Board. Upon motion duly made and seconded, it was Cert.of Inc. to certify the character of Lewis B. Klebanoff, Marlboro Road, who has applied to the State for 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 reque8ted to obtain information as to the origin of Memorial and Veterans' Days. Irwin in regard . Jack Mitchell's 1 receipt of a voted 4 a Certi- Upon motion duly made and seconded, it was voted to grant permission to the Simon W. Robinson Lodge, 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. 561` Use of hall 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 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 of Davis Road to 385 feet, more or less, southwest of Davie Road. (See Selectmen's films - 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. The Chairman said he would like to send a letter requesting that all budgets, which were due November 1, be submitted immediately. Invitation Sewer Order Budgets 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 bilis. Mr. Burnell suc,gested that this be referred to Mr. Gray to check. Mr. Gray suLgested 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: d� 563 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 loBations:. Preston Roed, Preston Road, westerly side, opposite Nichols Road, One (1) pole. northerly side, approximately 240 feet west of Blake Road, -- One (1) pole. - OM MI* 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 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 Superintendentof 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 i/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- tioner's 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. s1- ;5 Mr. Serverson explained the proposed location 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. Rus'iton is rebuilding the 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 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 was 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. Mr, and Mrs. Semonian,Lowell Street, , met with iv th 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. 1 1 567 Memo received from Mrs. Rose E. Steinhauser, 9 Lex- ington Avenue, relative to a street betterment assess- ment in the amount of 4;762.30, 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 treat 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 568 Minutes 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 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 to placing the Town's insurance on a Replacement Cost basis at this time. 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. 569 Insurance 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 Hersoott, 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 1, 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 .;Upon motionduly made andeseconded,L it was Voted Cert. of Inc. tip` eertifr.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. Hunting 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 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 it 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 manyindividuals in the same situation. Mr. Brown said hewas 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. Gray 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. 52 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 hunting permits for the extended hunting season in those areas not determined to be dangeroud. 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. License C of C Christmas requests Upon motion duly made and seconded, it was voted 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 requing permission to have a Santa Claus arrive by helicopter at the enclosed field on December 1; a Santa 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 1 1 1 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 concerned 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 considered by the Traffic Study Committee. He said the question has come up as to whether or not there should be a sidewalk and some lighting. 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. .� .7, 5g* Worthen Road lighting and side- walks 574 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 btocked 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. 575 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 buildings 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 petit. 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 hH is taking peat out of every area he can and has a good stock pile. The Chairman said some memb of the Board have a feeling in regard to excavating/peat, and asked Mr. Carroll to pursue the matter. Upon motion duty 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: 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. Motions Mr. Legro went over the motions for the Town Meet- 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. It was agreed to advise Mr. Welaw.pla that the project would 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 CT: 577 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 mechanizaticn 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 duy made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $150 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 Road, 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 Shaughnessy presented a letter, dated November 7, 1963, written by Mr. Herscott to Chief Rycroft. 578 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 acid 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 Ms 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 information 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 investigatthlg 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. Hersoott 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 tooth went through the tip of the other dog's ear and they could not dislodge the tooth from the ear anc 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 1 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 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. +ilman 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 Mht there: Te said Alto talkta 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: X82 SELECTMEN'S MEETING 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 PreemontsStreet 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. Spiris, 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. Spiris, and it was agreed to advise him that the Board had reference to town -owned vehicles involved in accidents. Letter was received from Mr. Mitchell J. Spiris, Interim Superintendent of Schools, relative to the use of the central playground area. The Chairman said he saw tr. Snow this evening and suggested that he contact Mr. Spiris. The Chairman requested Mr. Gray to get in touch with Mr. Snow and suggested that aletter 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 wao agreed to advise Mr. Sainato that no action has been taken in regard bo 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 he 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, January 15, 1964, from 8:00 P.M. until 10:30 P.M., 58r_ Use of play- ground area Use of hall Budgets subject to a charge of $10.00, the meeting being closed 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 Meredith Foods, Inc. Howard D. Johnson Co. Colonial Garage, Inc. Dunn Ford Sales, Inc. Joseph Trani, Inc. Armand E. Swajian Common Victualler (renewal) n n n ft ft 11 1st Class Agent tt It If ft to Package Goods Store r Taxi Driver Upon motion duly made and seconded, it was voted 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: 1 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. Upon motion duly made and seconded, it was voted to execute the deed conveying tax title lots 631 to 634, 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. Tax title Three letters from Mr. Norman Stolz of Brewer & Lord, regarding package policies, burglary insurance and property damage,were held over until all members of the Board would be present. Insurance 586 Sign Licenses Christmas lighting 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 tb t 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 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: 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 in the sidewalk adjacent to the traffic light in front 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. 587 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, Ekecutive 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 ago, 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 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 Bhairman 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, Carroll, 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, 58 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 hmve 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 $135,688. 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 presentwere in accord with the Board 'in making an attempt to hold the rate for two years. 590 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 having 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 1 591 1 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 interve4ing 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 in 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. Mr. 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 thought 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 coiid 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. W. 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. Mr. 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 would go back and say it will be two years, he expected they won't be interested in selling the land. W. 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. 59t 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 Board 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: 594 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 as 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 dassif ication 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 Snior 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 here 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. 59 Mrs. Rich replied that 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 1'rs. 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 thinking, 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. 596 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 the department 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 totell. 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 the clerical records were up to date, these people, who are certainly entitled to the information, could look it up themselves. Mr. Grush 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. Grush asked if there 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 part-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 operation. Mr. Gray said the Assessors want a girl for January, February and March. Messrs. Grush 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 beffir as far as the Town and the individual is concerned. 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 that 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:L.5 A.M. ,Inspection budget Mr. Irwin, Building Inspector, and Mr. Byrne, Plumb- ing and Gas Inspector, met with the Board. The Chairman asked how many plumbin6 inspections 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 hats 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. 799 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 A.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: f / Select,tien 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 .Air. 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, Statec'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. It was agrFed to send a copy of the letter to 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 Independent Insurance Agents, met with the Board. The Chairman read a letter from the Association requeting the Board to sign an enclosed Broker of 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 Relocation of Spring Stj Insurance Broker of Record form give the Association 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 Assoel- 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 -rated. 3 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 ifdication 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 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 a.transfer of $50 from the Gemmel Trust Fund to purchase plants or gifts fr,r 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. Transfer Transfer 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. Mr. Cataldo said the cost was $14.0 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. t Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on December 2, 1963. The Chairman read a letter from Mr. William Roger Greeley with reference to appointments to the Lexington Housing Authority. Mr. Sheldon suggested, and the Board agreed, to 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 Bedford Street and George F. Walker, 22 Douglas Road, who have applied for Certificates of Incorporation. The Chairman read a letter from Governor Peabody relative to appointment of a representative to the Metropolitan Area Planning Council. The Chairman stated that there is someone in Town who has been very, very interated 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 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 Board, and Mr. John P. Blaisdell, a member of the Appropriatian Committee, met with the Selectmen. Mr. Morey stated that the Retirement Board records have just been examined by the State. Mr. MacPherson, an examiner called him and was very critical of the 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. the Minutes Lexington Housing Authority Certificate. of Incorpo- ration Metropol it ar Area Plan- ning Council Retirement Board 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 days 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 halftime 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 that 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 Retire meat 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. The Chairman asked how to accomplish paying for addi- tional help this late in the year, and its effectson 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 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. Mr. Cataldo said right now they probably could use a full-time girl, but with the new accounting system, 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.McCormack 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. Mr. 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 400 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 driveithrough 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 clientwere available if • 9 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 would be worked out, taetthnught 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 't Reas, ?erham St., Bedford Taxi Eugene A. Heighton 9 Tucker Ave., Lexington " Harvey Adams Crystal St., Pinehurst Richard Khachadoorian 442 Waltham St., Lexington Herman Kilpatrick 59 Farmcrest 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 Upon motion duly made and seconded, it was voted to deny Mr. Warren J. Modoono's application for a 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.. 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. 11 Driver r► Licenses Upon motion duly made and seconded, it was voted to carry automobile liability insurance covering a * Harvey J. Comrie,Village Bellino's Coffee & Donut Penguin Ice Cream Co. Francis Napoli , Hancock Market Vriety 93 111 135 6 Mass. Ave. Common Mass. Ave. Mass. Avenue " N. Hancock St. " Insurance Victualler 11 ►► " 10 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 dagage 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 in a very short time. He asked if the $800 included contents; if so, it might be worth it. Mr. Gray said Mn. 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. Transfer 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 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 Com?.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 Rycroft, 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 1 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 was 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 resgrvations 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 & Lordand 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: ec i' 12 (Fire Com missioners' budget 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 ]J.., 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. Mr. Cataldo mentioned that, according to the budget, the Commissioners were asking for eight men. Mr. Fitzgerald explained that three men are for coverage and five are for the 50.14. hour week. Mr. Cataldo said he would not want to give them $6300 and then 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 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.rs correct. Mr. Fitzgerald said that within a period of two years, there would be both. 13 Mr. Cataldo asked about the men who work on hmlidays. 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 Boad 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. Mr. 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. Jr. Cataldo said the Board would like a standardi- zation of the radios. Mr. Burrell said the Chief understands the situ - at ion. 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. Bnttrell retired at 10:10 A.M. The Recreation Comrittee and the Board. Mr. Kelly said the committee fication of three people. The Chairman asked if Evans! report. Mr. Bertini met with Recreation Committee is asking for reclassi- budget they were classified under the 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. 14 Meeting 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 $80 the third year. This is what they did this year but they paid him weekly and then paid him for overtime. All they did was to pay what was paid the year before the vans' report was in ex- istence. He said they do- not have a classification for that position. Mr. Burnell asked if the Committee was creating a new position. Mr. Kelly replied on paper, yes. Mr. Burnell said he wanted to be sure the Committee was not trying to pay a better than qualified Instructor. He said the Committee appeared to be trying tojustify this by creating a new position and this to him was wrong. Mr. Kelly said the Committee wants to pay the top man at the swimming pool the going rate of what Super- visors normally get. He said next year, they would not be able to hire a Supervisor. Mr. Burnell asked why this wasn't discussed when the Evans.' Report was made. Mr. Kelly replied partly through an oversight and partly by. misunderstanding. He said the fact that there ehould be a man at the pool all the time was ignored. He said the Swimming Pocil Supervisor. posi- tion should have been in the Evans' Report. Mr. Kelly said there are five instructors at the pool and the pool is a place where an extremely qualified person is needed. They would like to have the next two people go up one rate because they want the right-hand man and right-hand girl to pass the Red Cross course. The Recreation Committee retired at 11:1+5 A.M. Upon motion duly made and seconded, it was voted to hold a Special Meeting in the Selectmen's Room on Saturday, December 21, 1963, to continue work on 1964 budgets. The meeting adjourned at 12:20 P.M. A true record, Attest: y / )1r‘e ive/$ler:, Select en 4`\J 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. 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. 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. 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. 15 Tax title Transfer Gas main 16 z cn 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 snow], 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 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 putout on a five-year policy. W. 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 30% - 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 W. Stolz and would try to clarify this. W. Cataldo requested him to ask Brewer & Lord what they taink 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. W. Legro retired at 8:00 P.M. 11 18 The Chairman read a Proclamation, received from the City of Cambridge, relative°t o 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 nuthering system worked out for Emerson Road and started with #1 up at Peacock Farm Road. When he reached this area, the numbers were 114.4 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 com- 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 advising that the sum of $35,100.86 has been made available for the Town of Lexington under Chapter 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. 19 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 groupto 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. 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. Transfer 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 20 Bonds than which the 1964 bond of the Treasurer shall be written; $111,000 as the amount not less than which the 1964 bond 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 wolid 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, Williayn Roger Greeley, Edwin Bennett, A. W. Rhuby, Walter Phoenix, Stillman Williams, Norman Richards. Minutes Upon motion duly made and seconded, it was voted 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 1 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 to approve the following licenses: Motels Management, Inc. Minute Man Restaurant Augo Engineering, Inc. Morris Motors George W. Blaisdell Robert W. Hawkins William E. Anderson Isabelle M. Kitson 1720 1715 436 400 was voted Mass. Avenue Mass. Avenue Marrett Road Waltham Street 31 Mague Avenue West Newton 2 Partridge Terr. 653 R Lowell Street 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 David L. Setterlund 12 Utica Street 21 Licenses Innkeeper Common Victualler 1st Class Agent 2nd Class Agent Taxi Driver n rr tt n rt n rt If n n n n Letter was received from the Metropolitan Building Movers Co., requesting permission to move a building from 2 Pilgrim Road, Arlington, 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. A true record, Attest: <KkicniiVe lark Select 22 Jurors Garbage 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 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- 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 Company 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.) Permit Request for permission to move a building, received from the Metropolitan Building Movers Co., was held over pending receipt of report from Mr. 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 the decision of the Board that in the future the Plumbing By -Law should be amended so that all new homes connected 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 Officer listing the requests in the order of their urgency 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 be very helpful and would give a record to be referred to whenever a question came up. He said if there were questions at a future time, one would have more than memory to go on. He said there would be a cost 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 23 Garbage disposals Sewer budget Town Meet- ing Members re Town Meetings 24 Claim Traffic 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 his car which he claimed 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 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 blear. 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. 26 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. Recreation Licenses 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 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 fade 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 slid 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 -Mas S'. Avenue Geoffroy t s P1iarm.&cy', 413: Waltham. Street Early:Bird Restaurant 3969 Lowell Street Mawhinney Motor `Zalea Marrett-Road'' Charles Sanborn 32 -Fames Street' Comen Vetc'aller n n 1st "Clasi Agent Taxi Driver 1 1 :. R Amd.44 Baia Mallak Gwiaitts JE., 3kedargmple O r°E.3]EOegpote . North :Street 6 North. Stpibt, 18 Oxbm 6 Bherdxiaai� HtVet 307 Weed. Strwatte Taxi Driver u n " 10t= thatiem dulgnaWd liar& secedits .y it was"voted " for approte-thsminiades ofl._t .e. Seaectimnd% MeetiPigs heli. Minutes Bay : e ember _1 4. and 16. 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 ago - 39,000, and indi- cated 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. 27 The meeting adjourned at 10:15 P.M. A true record, Attest: 28 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. tr on 1 1 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 justilants 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. Moat of the articles involved, including the one to which Mr. Blake refers, are articles thatare 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 Bords and with its 30 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 drawing 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 timeaway 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 ment 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 P:. Tropeano, on behalf of the Vine Brook Realty Trust, sug- Worthen Road gesting the release of $15,625.89 in connection with construction construction of a portion of Worthen Road by B. J. i'entabone. 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. . Upon motion duly made and seconded, it was voted to request the Appropriation 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. 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. Transfer Traffic 32 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. Lexington Housing Authority 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. W. Legro asked if Mr. Devine had his request on file within the six month period, and Mr'. Carroll replied in the affirmative. He said that is what he is trying to do. At 8:oo 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 four members to the Housing Aut_iority and the fifth member is appointed by the State. The five would then 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. The 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. Cr 33 Mr. Scanlon asked what action the Authority could take. Mr. Cataldo advised thst 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 program. 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. Gred.ey 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 #L1. Engine #!} The .Chairman asked if this was absolutely necessary, and Mr. Fitzgerald replied in the affirmative. He said that the 1957 Capital Expenditures Committee Report has shown that the Commissioners recommended replacing Engine #4 by 1961. He said it is a Diamond T purchased in 1916. 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 #t}, they thought it was in better condition than #5 and reversed their decision on re- placement and recommended that #5 be replaced first. 34 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 la see Engine #4 put in condition and sent into the woods. Mr. Robbins said it is an obsolete piece of equipmabh. 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 #4 and Mr. Fitzgerald replied that they would tirade it in, and as a guess, he thought they would be allowed $400. 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. The Chairman read a letter from Dr. and Mrs. White, 200 Waltham Street, in regard to traffic conctrol for 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 of damages for the sewer easement taken through his land on Bacon Street. Mr. Legro stated this involves litigation or the possibility of litigation, and suggested that the dis- cussion 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 made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Upon motion duly made and seconded, it was voted to resume the open meeting. The Chairman reported that he had called the indi- viduals suggested for appointment tothe Standing Plumb- ing and Building By -Law Committee. Upon motion duly made and seconded, it was voted to appoint Robert W. Custance for a three-year term ex- piring April 30, 1967; Mr. Leo Dunn for a three-year term expiring April 30, 1967; Mr. Perry D.Lord for a two-year term expiring April 30, 1966; Mr. Richard W. Souza for' 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 Ells, Marjorie Blaisdell, Jules P. Sussman, William S. Richey, Aide& L. Ripley, Ruth Morey, Francis W. K. Smith, and Chester Duval. 35 Traffic Walker sewer easement Executive Session Standing Plumbing & Build- ing Comm. Conser- vation Committee 9E` Licenses Minutes The Chairman agreed to contact each individual to determine whether or not he or she would accept the ap- pointment. Upon motionduly made and seconded, it was voted to grant the following taxi driver licenses, subject to satisfactory references being received from the idhief of Police: Mark C. Aldrich Wm. G. Converse Wm. I. Imlach 14 Cliffe Ave. Taxi Driver 14.0 N. Hancock St. " 34 Wyman Road Upon motion duly made and seconded, it was voted 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 Mn. Cataldo. The meeting adjourned at 10:20 P.M. A true record, Attest: ive lerr, Select