HomeMy WebLinkAbout1964 37
SELECTMEN'S MEETING
January 6, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, January 6, 1964, at 7 :30 P.M. Chairman
Cole, Messrs . Brown, Burnell, Cataldo, and Sheldon
were present Messrs . Gray, Executive Assistant,
Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr Gray reported that he had contacted Mr Frank
H. Walker re]ative to the taking for a sewer easement Walker slain
through his property on Bacon Street. He is going to
meet with Mr. Walker, at his convenience,to discuss
settlement and reported that Mr Walker did raise some
questions about parking equipment on the land.
Mr. Tropeanos letter with reference to B. J.
Pentabone 's contract for construction of Worthen Road
was held over .
Mr Carroll reported #hat there are several minor
items in the subdivision that have to be done yet, none
of which related, he thought, to the widening or the Tropeano re
installation of a 12" main over the 8" main. He said Pentabone
if the Board had no objection, he would recommend that
the $16,504.59 be paid. He explained that the
$15,625.89 figure mentioned in the letter, appears to
be the bill Mr. Tropeano received from B. J. Pentabone,
and has no relation to the $16,504.59 which is the cost
of the difference between constructing a 70 ' layout
against a 50 ' layout and the difference in the size of
the water main.
Mr Burnell said $16,000 plus is what the Board
agreed to pay Mr Tropeano.
Mr . Sheldon asked if, as far as the Town is con-
cerned, the conditions had been met, and Mr. Carroll
replied in the affirmative He suggested that the
Town hold back 10% until the entire subdivision has
been completed, and advise Mr. Tropeano that the balance
will be paid when the subdivision has been approved by
the Planning Board.
The Board agreed that it might be to the Town's
advantage to hold back 10%
Mr . Carroll suggested, from a public relations
standpoint, that it would be wise for the Board to try
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and cooperate with subdividers so that these sections
will be paved
Mr. Sheldon said he was in favor of paying the
$16,504..59 less 10%, as recommended by Mr Carroll.
Upon motion duly made and seconded, it was voted
to pay the Vine Brook Realty Trust the sum of $14,854.13
and to hold 10%, or $1,650.46, until the entire sub-
division is completed to the satisfaction of the Super-
intendent of Public Works, and upon granting to the
Town of Lexington the utilities in Worthen Road as shown
on the approved subdivision plan.
The Chairman readtt
a letter from Mr. Alfred P.
Tropeano advising that he has been retained by Harry M.
Sullivan of Maple Street , in a claim for property damage
from a taking by the Town of a portion of his land situ-
Sullivan ated on Winter Street .
claim Mr. Carroll recalled that this subject has already
been referred to Town Counsel and that the Board had
agreed to make an offer.
Upon motion duly made and seconded, it was voted
to refer the letter to Town Counsel.
The Chairman read a letter from Mr. Alfred P.
Tropeano, on bebaf of Harry M. Sullivan, petitioning
Sullivan for an abatement of the street betterment assessment
request on Winter Street in the amount of $1,64.5 60
for abate- Mr. Carroll mentioned that this letter was re-
ment lated to the claim in the previous letter from Mr.
Tropeano.
The Chairman said this was a case where Town
Counsel would have to get together on both matters
It was agreed to refer the letter to Town Counsel
and to so advise Mr. Tropeano.
Distribution of insurance commissions was held over
from the last meeting of the Board.
Mr. Bray reported that he talked to Mr. Stolz, of
Brewer & Lord, and was advised that it would be very diffi-
Insurance cult to assess what the rates would be. He cannot give
Commissions an answer as definite as the Board would like to have.
Mr. Cataldo asked if Mr. Stolz was as positive talk-
ing as he was the day he was in the office, and Mr . Gray
replied that was the impression he received.
Mr Burnell asked if Mr. %tolz would give the Board
additional information later on.
Mr. Sheldon said he thought the Board had received
all the information it will on this subject
Mr. Brown s id he thought there is a possibility in
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a couple of areas where something could be done . He said
the largest part of the program is in the fire.
Mr . Sheldon asked what this would amount to, in Mr.
Brown'
s opinion.
The Chairman said as a guess it would be $1,000.
Mr Brown said a he thought it would be $500. He
said Brewer & Lord would be receiving in excess of $5,000
before any split is made.
Mr. Cataldo said on that basis, the Board was talking
$3500 on the 70-30 split, and just using the $5,000 figure,
it is talking $3500 one way or the other. If the Board
would say that the company keep all the commissions it
would only save $500 for the Town.
Mr. Brown said he thought this would be in the area
that could be saved if the company would do it. He stated
if they are talking $8,000 or $9,000 commission, there is
all the more reason for them to say this. He said, based
on what has been the guide in the past, it does not come
anywhere near.
Mr. Sheldon said it comes down to not what is best
for Brewer & Lord and not what is best for the other brokers,
but what is best for the Town
Mr. Cataldo asked if these figures would be available
to the Board.
Mr. Brown replied that he did not think they would;
it has never been required.
Mr. Sheldon said what makes it difficult is the Board
is talking projection.
The Chairman said any time the Board makes a decision,
it must be made in good conscience and the Board must be
able to back it up. He said, in his own mind, the Board
has a firm handling the insurance and he thought the honor-
able thing to do is pay this firm whatever the going rate
is . He said it is difficult to justify splitting com-
Missions .
Mr. Cataldo said no one does not want to pay Brewer &
Lord.
The Chairman said he does not like to split commissions .
Mr. Cataldo said what the Chairman was trying to say
is give it all to Brewer & Lord.
The Chairman said that was correct .
Mr. Brown said he was in full agreement to giving it
all to one.
Mr. Sheldon said there would be a saving in 1964
Mr. Brown said there is no guarantee there is going
to be a saving He stated that if the Board tells
Brewer & Lord to do whatever it wants with the commissions,
there will be strong bids and then, he thought , the Board
would really have to look at this They will come in and
say they can do it for X number of dollars less, at which
Mr Brown replied that he did not think much of anything
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time the Board will have to give it some serious con-
sideration
There will be a bid situation.
The Chairman said bidding on insurance is not desir-
able. The low bid does not necessarily mean that the Town
is getting the best service. He said he thought the Board
was in agreement that it would not want to see it go out
to bid
Mr. Brown said he was in agreement to giving it all
to Brewe - & Lord if the Board agrees to open it up for
bidding.
Mr. Sheldon said he would not like to assent to that .
Mr. Brown said there are a number of men locally who
have received some part of the commissions year in and
year out and have always been willing to work during the
year but have never been called upon and never have been
given the opportunity to help.
The Chairman said, in consideration of their avail-
ability and willingness to hai.p, Mr. Brown felt they
should get a share of the commissions.
Mr. Brown said that was a fair statement, but he
would confine it to those maintaining an office here in
Town.
Mr. Sheldon asked what split he would then suggest.
Mr Brown replied any split the Board may desire .
It might form a local committee to advise the Board
through Mr. Gray
Mr . Sheldon said theBoard must make the decision
itself.
Mr. Brown stated that no one will make any suggestions
unless they know what is going on and perhaps this would
be good for everyone involved
Mr. Cataldo said if a committee wereset up, there
would probably be disagreement about Brewer & Lord and
asked what would be done then
Mr. Brown said his thought was that those fellows
the Board asks to serve on a committee world be doing so
as citizens of the Town
Mr. Gray said this proposal might work if the Board
requested a report from Brewer & Lord. When the report
is received, it might be possible to use a committee to
evaluate this .
The Chairman said it would be very difficult to
divorce the individual citizen from his business . He
said one having an attorney does not consult another
attorney unless there is dissatisfaction.
Mr. Cataldo said he agreed with the Chairman.
This would open Brewer & Lord to more criticism. He
stated that if the Board retains Brewer & Lord as its
insurance agent , then the Board should take the re-
commendation. ,
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Mr. Brown said the Town had never been offered
collision coverage on the vehicles until he asked for
it.
The Chairman stated that the Board has an Execu-
tive Assistant who implements any policy the Board makes.
The Board makes the decisions from recommendations of
Brewer & Lord, brokers of record, and upon the knowledge
that the Executive Assistant has, who has worked with
this before . He said he thought this adequate.
Mr. Sheldon suggested taking this subject under ad-
visement and settling the main issue
Mr. Cataldo recommended distributing the commissions,
limiting it to those maintaining a business in Town.
Mr Sheldon asked about the percentage, and Mr.
Cataldo recommended 70% - 300. He said it would require
more time from Brewer & Lord, and he thought the minimum
they should be given was 50% He explained that the
commission to Brewer & Lord should be large enough to
require good service.
Upon motion duly made and seconded, it was voted
to distribute the commissions on the basis of 50% to Brewer
& Lord and 50% to agents in the Town having an office in
a legally zoned area, with the exceptionof the Otis S.
Brown agency;the agents to participate and receive 6.25%
as follows : W. Dana Bartlett, W. S. Couette, William H.
Lyon, John F. MacNeil, Charles P. Vaughan, J. Quinton Rush,
Fred Hersom, and Ellison F. Beckwith.
Mr. Sheldon said this is the decision for 1964 and may
not be the decision for 1965
The Chairman read a letter fromMr. John J. Carroll
to which was attached a cooy of the Chapter 822 project
Request to the State Department of Public Works. He Article
recommended that an article be inserted in the warrant
for the 1964 Town Meeting to use Chapter 822 funds on
Massachusetts Avenue
Notice was received from the Department of Natural Insect Pest
Resources advising that it has been determined that an & Dutch Elm
appropriation should be made of $8600 for Insect Pest Appropriatior.
Control and $17,000 for Dutch Elm Disease Control.
The Chairman read a letter from the Alcoholic
Beverages Commission, advising that a Commission In- Berman's
vestigator reported certain violations in connection Market
with the licensed business of Berman's Market, Inc. violation
Upon motion duly made and seconded, it was voted
to hold a hearing on the subject on Monday, Janupry 13,
1964, at 8:30 P.M.
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Upon motion duly made and seconded, it was voted
to appoint the following individuals to serve on the
Conservation Commission, authorized by vote of the
Conservation Town on November 25, 1963, under A"title 9 of the
Commission warrant Francis W. K. Smith, Aiden L. Ripley, Jules P
Sussitan, Stephen F. Ells, William S. Richey, and Paul
Mazerall, Ex-Officio.
Upon motion duly made and seconded, it was voted
Cert. of to certify the characters of Stephen Tavilla, 17 Burroughs
Inc. Road, and Peter D 'Arrigo, 1 Lantern Lane, satisfactory
referees having been received from the Chief of Police.
Petition, signed by eighteen registered voters,
Question was received requesting that a question pertaining to
for ballot extension of contributory group hospital, surgical,
medical insurance to elderly retired persons be placed
on the ballot for the Annual Town Meeting.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
V. Donald Foster Taxi Driver
TAilliam R. Callahan
Angus W. McIver
Robert B. MacIver
Lexington Motor Inn Restaurant Common Victualler
Battle Green Inn
Anthony 's Restaurant "
Brewster 's Inc. " "
Lexington Bowladrome
Early Bird Restaurant " "
Wild Acre Inn IT
Woodhaven Country Stores "
Wild Acre Inn Innholder
Early Bird Restaurant Common Victualler
Rowe Chevrolet Sunday Sales
1st Class Agent
Sealed bid was received from the Somerville Printing
Company, Inc.1f the only reply out of seven invitations
for printing 700 copies of the 1963 Annual Town Report at
$5.60 per page ; 800 copies at $5.85 per pace and 500
copies of the School Department report at $4.00 per
Town Report page
Upon motion duly made and seconded, it was voted
to accept the bid of $5.60 per page for 700 copies of
the Annual Town Report for 1963, and $1 .00 per page for
500 copies of the School Department report.
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Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on December 30, 1963.
Mr. Cataldo referred to the request received from
the Board of Fire Commissioners, to have an article in
the warrant for the Annual Town Meeting in March for an
appropriation of $13,000 to purchase a new Engine #4
Mr Cataldo suggested the installation of a new
engine and a new front end as there is no history of
Engine #1-I- breaking down. He said he thought it could
be put in condition for $1,000 and last possibly five
years.
The Chairman said it is seventeen years old and
he thought it was sending good money after bad.
Mr. Cataldo explained that he was not talking
about first-line equipment, but about brush fire equip-
ment
Mr. Sheldon said he thougnt the Board could post-
pone this for one year, and no money.
Mr. Cataldo said if by spending $1,000 this equip-
ment could be used for five years, it was worth it. He
explained it would be like a new truck with a brand new
engine .
Mr. Sheldon said if the Board did not want to spend
the money this year, he would go along on the theory
that it will have to be spent next year or the year
after. He said he would not want to spend money on
this piece of equipment and then dispose of it in three
years.
Mr. Cataldo, Chairman of the Route 3 Advisory Committee,
suggested contacting Representative Brox and arranging
for a meeting with the new Commissions
Mr Sheldon suggested, if it is the intention to Route 3
talk to representatives of the Towns involved, that
discussions be held separately and not at a meeting
of all the Towns .
It was left that Mr. Cataldo would contact Repre-
sentative Brox.
Mr John J. Carroll returned to the meeting at
8 55 P.M.
The Chairman read a letter from the Planning Board
in regard to property located on Waltham Street and
owned by Mrs. W. H. Lyon.
Upon motion du y made and seconded, it was voted to
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pro:yptly obtain an option for the acquisition of the
Lyon property which would include a provision for a 30-foot
property wide vehicular access across the lot line between Lot A
option and Lot B with center line of the access 110 feet from
Waltham Street
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss-
Executive ing, deliberating, or voting on matters, which, if made
lession public , might adversely affect the public security*
the financial interest of the Town, or the reputation of
any person.
The meeting adjourned at 9:10 P.M.
A true record, Attest :
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SELECTMEN'S MEETING
January 13, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, January 13, 1964, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Cataldo, and Burnell were present
Mr. Gray, Executive Assistant, Mr Carlon, Superintend-
ent of Public Works, and Miss Murray, Executive Clerk,
were also present
Hearing was declared open upon petition of the
Lexington School Department for permission to store
15,000 gallons of #6 fuel oil underground on premises
at 251 Waltham Street
Mr McInnis, representing the School Department,
was the only person present at the hearing.
Notice of the hearing was mailed to the petitioner, Fuel oil
owners of property deemed to be affected as they appear storage
on the most recent local tax list, and also advertised
in the January 2, 1964 issue of the Lexington Minute-man
The application wrs approved by Chief Engineer
Belcastro of the Fire Department.
Upon motion duly made and seconded, it was voted
to grant a license to the Lexington School Department
to maintain an underground tank for the storage of
15,000 gallons cf #6 fuel oil on premises located at
251 Waltham Street.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one
pole on Wood Street .
Mr. Serverson, representing the petitioner, was Pole
the only person present at the hearing location
Notice of the hearing was mailed to the petitioneri
owners of the property as listed on the petitioner 's
plan, and also filed with the Superintendent of Public
Works .
No one was present 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
Wood Street, westerly side, approximately 470 feet
north at Massachusetts Avenue, --
One (1) pole.
(This is an existing pole, no new pole
to be set . )
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Hearing was declared open upon petition of the
Boston Edison Company for permission to locate three
poles on Wood Street.
Mr. Serverson, representing the petitioner, was
the only person present at the hearing.
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 .
No one was present in favor or in opposition, and
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Pole the hearing was declared closed.
locations Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing pole locations :
Wood Street, easterly side, northerly from a point ap-
proximately 360 feet north of Massachusetts
Avenue, --
Three (3 ) poles.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate a line
of twenty-four wires on Turning Mill Road.
Mr. Serverson, representing the petitioner, was
Edison the only person present at the hearing.
wire lo- Notice of the hearing was mailed to the petitioner,
cations owners of the property as listed on the petitioner 's
plan, and also filed with the Superintendent of Public
Works .
No one was present in favor or in opposition and
the hearing was declared closed.
Mr. Serverson explained that this road was accepted
in 1961 as a public way and the company is just getting
around to confirming its locations.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing location of a line of twenty-four wires
Turning Mill Road, at Grimes Road, a line of twenty-four
wires
Mr. Serverson retired at 7 :43 P.M.
The Chairman read a letter from the Board of Fire
Retirement Commissioners advising that Chief Benedict J Belcastro
has requested retirement effective June 1, 1964.
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The Chairman read a letter from the Board of Fire
Commissioners advising that it has received a price of
$9,000 to trade the ambulance for a new 1964 Cadillac
ambulance .
The Chairman said this entailed inserting an
article in the warrant . Article
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss-
ing, deliberating, or voting on matters, which, if made
public, might adversely affect the public security, the Executive
financial interest of the Town, or the reputation of any Session
person.
Following a discussion with Mr. Carroll, Superin-
tendent of Public Works, it was voted to go out of Execu-
tive Session.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order of the Boston
Edison Company and the New England Telephone and Tele-
graph Company for the following j/o pole locations :
Woburn Street, southerly side, approximately 118 feet
west of Lowell Street, --
One
(1) pole
Woburn Street, southerly side, approximately 2t0 feet
west of Lowell Street, --
One (1) pole .
The Chairman read a letter from Donald N. Sleeper, Jr. ,
attorney for Mrs . Elsie M. Miller , 134 Burlington Street,
relative to claim for damages and betterment assessment
in connection with the installation of a sewer line. Miller
Mr. Carroll explained the easement taken by the claim
Town and stated that at the time, the Board decided there
would be no betterments on the trunk sewer, and there were
no betterments assessed on the taking. In discussing
this with Mr. Stevens, at the time of the taking, it
was felt that betterments should be assessed.
The Chairman said the matter would be taken up with
Town Counsel.
The Chairman read a letter from Sanborn C. Brown,
Chairman of the School Committee, advising that the
Committee intends to insert an article in the warrant
for the Annual Town Meeting for preliminary plans for
a new elementary school scheduled for completion in
11 1967.
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Mr. Cataldo asked if the Board thought there was
( Meeting re any merit to having a meeting with the School Committee
school plans and the Standing School Building Committee to discuss
the use of one set of plans .
It was agreed to have Mr Gray arrange a meeting
on January 20 at 9 :00 P.V. with these groups .
Upon motion duly made and seconded, it was voted
Bond to approve bond in the sum of $5,000 on behalf of
Julian A. Roberts, Deputy Collector .
Upon motion duly made and seconded, it was voted
that the terms of the individuals appointed to serve
Conser- on the Conservation Commission would be as follows :
vation Com- Jules P. Sussman, one-year term; Stephen F. Ells and
mission William S. Richey, two-year terms, Francis W. K. Smith
terms and Aiden L. Ripley, three-year terms.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on January 6, 1964.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
George R. Reed & Sons Common Victualler
Trinity Pharmacy " It
Early Bird Restaurant Sunday Sales
Frankl*n J. Crosby Taxi Driver
Edward S. Lenhoff " It
Andrew J. Gnoza, III
D rr "
on A. Eriksson
Mr Cataldo referred to the application for re-
newal of a Taxi Driver 's license filed by Andrew J.
Gnoza, III, and reported that he had received three
calls about the way this individual operates a cab
He said someone should talk to him or the cab company
for whom he works
The Chairman agreed to contact Mr. Gnoza.
Mr. Burnell reported that the committee appointed
to revise the General By-Laws would like to have an
Article Article inserted in the warrant requesting an appropri-
ation of $1300. He explained that it will cost approxi-
mately $1,056 to print 2,000 copies and bind 500.
At 8 30 P.M. , hearing was declared open on report
received from the Alcoholic Beverages Control Commission
that on or about 8:00 P.M. , Saturday, December 21, 1963,
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Berman's Market, Inc. , Myer Berman, Manager, relative to
sale and/or service of alcoholic beverages to a person Berman
under twenty-one years of age hearing
Mr. Norman J. Richards, attorney representing
Berman' s Market, Inc . , Mr Myer Berman, Mr. Edward
Berman, and Mr. William McMahon, Investigator from the
Alcoholic Beverages Oommission, were present
Mr. McMahon read a report he submitted to the Com-
mission, in which he stated that he observed a youthful
looking male get out of a car and enter Berman's store
He came out of the store and Mr. McMahon identified him-
self. The young man said he was twenty and purchased
twelve bottles of Knickerbocker beer and had not been
questioned about his age. Mr. McMahon said he entered
the store with the young man, Mr. Furey, and asked him
to identify the clerk who sold the beer. He was unable
to identify him Mr. McMahon asked which one made the
sale, and all clerks denied making the sale. In the
presence of the clerks and manager, Mr. McMahon asked
Furey if he made the purchase, and he said "yes", a purchase of
of $2.64", This amount was still on the cash register and
brought to the attention of Mr Berman. Mr. Berman re-
funded the purchase price of the beer to Mr. McMahon and
he in turn gave the money to Furey.
' The Chairman asked if Mr McMahon wa, the Inspector
assigned to this area and he replied in the affirmative.
The Chairman asked how long he had been in the area
Mr. McMahon said he was in this area for a total of
nineteen months .
Mr.Norman J. Richards said he was representing
Berman's Market, Inc . , and had discussed the matter with
the manager and his brother He stated that Mr. Myr
Bermanwas on the premises the night in question, December
21, 1963. At that time, there were four clerks on the
floor, Mr Berman and another man downstairs All of
the clerks are of full age Some of them have worked
in the store for a number of years This was a busy
period during which there is a lot of buying in package
stores, but this particular evening was not busy. He
said Mr. Berman did not himself, if this beer was sold,
sell it to this man, and is yet unaware of which clerk
sold it. At the time Mr. McMahon came in with Mr.
Furey, he was unable or unwilling to identify who sold
him the beer.
Mr. Richards said that Mr . Berman has had a license
since 1933 and he told Mr Richards he knows of no other
complaints that have been made in connection with him
operation. He has used, and is continuing to use, a
' system which he hopes to be foolprodf If anyone is
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suspected of being under age, they are asked to produce
some type of identification. Usually they produce a
driver 's license, but that does not always mean it is
the license of the individual making the purchase. In
every case, the procedure is that they are asked to write
their name on a slip of paper which is then compared to
the name on the driver 's license He explained that
none of the clerks are handwriting experts but they do
take a quick look. At the time they are looking at the
license, they check the description. He said in the
absence of a license, Army ID cards are produced. Once
in a while, some come up with a birth certificate. He said
an attempt is made to make sure the purchaser is of full
age, twenty-one. He said, in this instance, as near as
can be deterrgined , Mr. Berman has been aware that Mr.
McMahon is active in the area. lie is also aware that the
sale of a small amount of beer is not going to change his
way of living. He said one of the problems they have to
face is the problem of avoiding this type of thing from
happening. The Clerks have been instructed to check the
purchaser 's age if there is a remote suspicion. He said
young people who come in with their parents or older persons
are prevented from carrying liquor and the clerks carry
it out rather than have minors carry it out. He said in
this pa ticular instance, Mr . Berman had no way of deter-
mining that went on outside. When this young man came
back in, Mr. Berman did not recognize him. He said
after Mr. McMahon came in, he checked again with all his
clerks and none of them admitted, and the minor was unable
to identify the individual who made the sale.
Mr. Myer Berman said Mr. McMahon came in and said
someone sold to a minor. Mr. Berman told him he was at
the register and watched everything going in and out.
The young man he brought in at that particular time, no
one had ever seen. He said the $2.64 sale Mr. McMahon
referred to was on the register and the sale was made
to a young man checked twice and was over twenty-one
years old. He said that sale was on the register be-
cause Mr. McMahon came in about five minutes later. He
said he never before saw the man Mr. McMahon brought in.
He asked the young man Mr. McMahon brought in if any of
the boys served him and he said he did not know. Mr.
Berman said his clerks are instructed never to let a
minor take anything outside, and they are instructed not
to cash empty bottles brought in by boys for their parents .
He said he discourages minors from coming into the store.
Mr. Richards stated that Mr. Berman is well aware
of the statute as far as minors are concerned, in both
the sale and delivery to minors.
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' Mr. Richards said thane who no reason, to to qiest ion
Mr. McMahonts report . He is on the job not only to do
the job he is employed to do, but to help everyone on
the highways, etc. He said the question of selling to
a minor is becoming more and more of a problem.
Mr. Richards said he thought the Board must consider
this was not intentional. There certainly was no intent.
The amount of money involved and the fact that Mr. McMahon
has been checking, Mr. Berman is not going to sell under
price or to minors and jeopardize the business he has had
very successfully for a great many years. He said the
whole report was not known by t_Aem until tonight . He
said as near as can be determined, Mr. Bearman does hot
know who made the sale . The clerks have a job and don't
want to put it in jeopardy.
The Chairman asked if most package stores use the
system of checking as described by Mr . Richards, and
Mr. McMahon replied that a number of stores use it .
The Chairman asked if there was any other way they
could check
Mr . McMahon replied that they could go to more ex-
tremes , but he doubted if they would bother . They
can ask for more identification, ask for the telephone
number, call up and speak to the mother.
The Chairman said no one in the business does this,
and Mr. McMahon replied in the negative . He said some
ask the minor to sign a st?tement .
Mr. McMahon said, he thoua;ht , the identification on
the license and signature was adequate. This fellow
had a license.
Mr. McManon said the commission has a could take
these cases to court . In this case, he mentioned to
his 6hiaf Investigator that he thought a hearing before
the local Board would be enough He said the commission
is getting away from going to court , but police complaints
always go to court
Mr . Cataldo asked if this was the first purchase
Furey ever made.
Mr. McMahon replied that he did not ask him.
Mr. Cataldo asked if Mr. McMahon could give the
Board a description.
Mr. McMahon said he was 2bout 5'11", blond hair,
stocky, ruddy complexion and he believed he had blue
eyes.
The Chairman asked Mr . Berman to draw a sketch of
the store entrance, the cash register and the beer counter.
Mr. Burnell asked if when Mr. McMahon talked to Mr.
Berman about the sale in the register that Mr. Berman
refunded the money.
r'
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Cr
Mr Richards explained that Mr. Berman refused to
refund it to the minor At Mr. McMahon's request, he
gave $2.64 to Mr. McMahon who later probably turned it
over to Mr. Furey
Mr. McMahon asked Mr. Berman where he was when he,
Mr. McMahon, entered the store.
Mr. Berman replied that he was in back of the counter.
Mr. McMahon said Mr. Berman was in his office in the
side room and was called out front He said when he
questioned the clerks and asked where the manager was,
Mr. Berman was in the office and was called out. He
asked if Mr. Berman recalled that.
1r. Berman replied in the negative He said he
recalled Mr. McMahon coming up to the register and asking
him to give the young man his money back
Mr. McMahon asked how Mr. Berman could account for
the fact that he had twelve bottles of Knickerbocker
sale for $2.61.
Mr. Berman said another fellow made that purchase
and he wa- right there, not the same fellow Mr. McMahon
came in with.
The Chairman asked if Mr . Berman remembered the
fellow's name
Mr. Berman said that he knew Mr. McMahon was out
there
Mr. Cataldo asked if there was anyone else with
Mr. Furey
Mr McMahon replied in the affirmative and said
he remained in the car
Mr. Cataldo asked if Mr. McMahon saw Mr. Furey go
in and if anyone else went in.
Mr. McMahon said he saw Mr. Furey go in. There
were two or three other fellows who went in.
Mr. Brown asked, when Mr. McMahon brought Mr. Furey
in, what Mr. Berman would guess his age tobe.
Mr. Berman replied twenty or twenty-one . He said
he positively would have questioned him.
The Chairman declared the hearing closed and stated
that the Board would take the matter under advisement
and let all concerned know.
The group retired at 8 :59 P.M.
Mr. McMahon remained at the request of the Chairman.
The Chairman said this particular case was the first
one against Mr. Berman that the Board is aware of and
asked if Mr. McMahon ran into similar situations often
in this area.
Mr. McMahon said he has had about four . He has
over 300 licenses, probably seventy-five or eighty package
stores The night of December 21, he was to watch the
r4)
of;n
store half an hour and leave. He said it is difficult
to watch them all the time . He said he got a whisper
from someone this fellow might sell to a minor, but has
not been watched as much as he would like the Board to
believe.
Mr. Burnell said this is the first time he has set
in on such a meeting and his impression is that Mr
Berman has not been observed in a similar situation before
He said his feeling is that someone such as Mr. Berman
who has not had a record could be reprimanded and told
very definitely not to let this happen again. He asked
if this would be the wrong approach.
Mr. McMahon replied in the negative and said he did
not think so. He said some Boards issue a warning,
some issue a suspension and suspend the suspension, and
others issue a suspension
Mr. McMahon said when he first came into this area,
he went in and made himself known to all the licensees
and told them he would be around looking for violations .
They all know he is in the district.
The Chairman asked if the Board should notify Mr
Mahoney of any action taken.
Mr . McMahon replied that is the usual procedure .
Mr. McMahon retired at 9:15 P.M.
Upon motion duly made and seconded, it was voted,
as a result of the hearing, to find Berman's Market, Inc . ,
Myer Berman, Manager, guilty of violation of Section 34
of Chapter 138 of the General Laws , sales and/or service
of alcoholic beverages to a person under twenty-one years
of age, on Saturday, December 21, 1963, on or about 8 :00
P.M , and further voted that in view of this finding, to
warn Berman's Market, Inc , Myer Berman, Manager, that
any further violation will result in suspension or re-
vocation of his license.
The Chairman said that the Board should suggest
a name to the State Housing Board as the fifth member, Lexington
and he mentioned Paul G. Yewell. Housing
Upon motion duly made and seconded, it was voted Authority
to nominate Paul G. Yewell, 6 Leeland Terrace, and to
so advise Mr. Christopher J. McCarthy, Director, Lease
and Occupancy, State Housing Board
The meeting adjourned at 9:50 P.M.
A true record, Attest : 1
/L / 121 ,4
( 7eive�,G�ler , Select n
IGL`x -
4
54
SELECTMEN'S MEETING
January 20, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, Janu-ry 20, 1961 , at 7 :30 P.M. Chairman Cole,
Messrs Brown, C-taldo, 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
At 7 30 P.M. , hearing wPs declared open upon petition -
of the New England Telephone and Telegraph Company for
permission to locate underground conduit' in Lowell and
Woburn Streets
Conduit Mr Dunn, representing the petitiongr, was the only
hearing person present at the hearing
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
No one was present in favor or in opposition and
the hearing was declared closed
Upon motion duly made and seconded, it was voted
to grant the petition, the proposed locationz:having been
approved by Mr. Carroll, and sign the order for the fol-
lowing conduit location:
Lowell Street: Southeasterly, from pole 58/70 approxi-
mately 130' feet of underground conduit
Woburn Street : Soutnwesterly, from Lowell Street, approxi-
mately 25 ' feet of underground conduit .
All conduit to be placed in sidewalk
Pt 7 :33 P.M. , hearing was declared open upon petition
of the Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one pole
on Waltham Street .
Mr. Dunn, Representing the telephone company, and
Bole Mr Serverson, representing the Boston Edison Company,
Location Notice of the hearing was mailed to the petitioners,
owners of the property as listed on the petitioners ' plans,
and also filed with the Superintendent of Public Works
Mr. Serverson explained that there are two poles
with a guide to trees which are to be taken down and
fili
this petition is for a pole to support the line across
the street .
No one was present in favor or in op 'osition, and
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition, the proposed location having been
approved by Mr. Carroll, and sign the order for the
following pole location
Waltham Street, northwesterly side, approximately 317
feet southwest of Worthen Road, --
One pole
At 7 :35 P.M. , hearing wp°s declared open upon petition
of the Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one hip
guy and anchor on Massa(:husetts Avenue opposite Charles
Street Hip guy
Mr Dunn, representing the telephone company, and and anchpr
Mr Serverson, representing the Boston Edison Company,
were the only persons present at the hearing
Notice of the hearing was mailed to the petitioners ,
owners of the property as listed on the petitioners ' plans,
and also filed with the Superintendent of Public Works
Mr. Serverson explained the proposed hip guy and
anchor is in connection withthe new block of stores on
Massachusetts Avenue and this is to guy the take-off pole
on the other side of the street
No one was present in favor or in opposition, and
the hearing was declared closed
Upon motion duly made and seconded, it was voted to
grant the petition, the proposed location having been ap-
proved by Mr. Carroll, and sign the order for thefollow-
ing hip guy and anchor location
Massachusetts Avenue, from a pole located approximately
120 feet northwest of Charles Street, --
One hip guy and anchor
Upon motion dulymade and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on January 13, 1964
The Chairman read a letter from Mrs . C. Russell
Smallman requesting permission, on behalf of Girl Scout
Troop #382, to sell flags during the Patriots ' Day ob-
servance in April, 1964 A similar request was granted
to the Girl Scouts last yea It
Permit
5 6
t
Upon motion duly made and seconded, it was voted
to grant the request
The Chairman read a letter from the Standing School
Building Committee requesting that an article be inserted
Article in the warrant for the Annual Town Meeting in March to
provide funds for all or part of the remodeling of the
present High School building.
The Committee also informed the Board in the letter
that it will not be sufficiently far along to request
additional funds for the new elementary school on the
reservoir site off Middleby Road. However, it will need
design money before this coming summer and the Committee
will need an article at a Special Town Meeting.
The Chairman suggested, and the Board agreed, that
the reference to an article for a Special Town Meeting
be discussed with the Committee when it meets with the
Board and the School Committee, an appointment to be
arranged by Mr. Gray
At 7:40 P.M. , hearing was declared open upon petition
of the Boston Edison Company and the New England Telephone
Pole and Telegraph Company for permission to locate two poles
Locations on Winchester Drive
Mr Serverson, representing the Boston Edison Company,
and Mr Duhn, reprAsenting the telephone company, were
the only persons presait at the hearing
Notice of the hearing was mailed to the petitioners,
owners of the property as listed on the petitioners '
plans, and also filed with the Superintendent of Public
Works .
Mr Serverson explained that there is a new develop-
ment going up here in the spring, part of which is in
Lexington and part of which is in Winchester. The two
poles in Lexington happen to be in the public street.
No one was present in favor or in opposition, and
the hearing was declared closed
Upon motion duly made and seconded, it was voted to
grant the petition, the proposed locations having been
approved by Mr Carroll, and sign the order for the fol-
lowing role locations
Winchester Drive, northerly side, westerly from a point
approximately 60 feet west of Berkshire Drive,
Winchester, --
Two poles
Messrs . Serverson and Dunn retired.
Petition was received, signed by seventeen registered
Article voters, requesting the insertion of an article in the
warrant for the Annual Town Meeting relative to prohibiting
huht ing
57
Petition was received, signed by thirteen registered
voters, requesting the insertion of an article in the Article
warrant for the Annual Town Meeting relative to amending
the General By-Laws in regard to hunting in the Town
Petition was received, signed by thirteen registered
voters, requesting the insertion of an article in the Article
warrant for the Annual Town Meeting relative to the
installation of sidewalks along Concord Avenue between
Waltham Street and #137 Concord Avenue .
Petition was received, signed by seventeen registered
voters, requesting the insertion of an article in the
warrant for the Annual Town Meeting relative to an amend-
ment to the Zoning By-Law with reference to the land on Article
the southwesterly side of Bedford Street at the corner
of Hartwell Avenue
Petition was received, signed by thirteen registered
voters, requesting the insertion of an article in the Article
warrant for theAnnual Town Meeting relative to an amend-
ment to the Zoning By-Law with reference to land at the
Southwesterly line of Bedford Street, property numbered 30
Petition was received, signed by eighteen registered
voters , requesting the insertion of an article in the Article
warrant for the Annual Town Meeting relative to an amend-
ment to the Zoning By-Law with reference to land of
Boudreau, located on Bedford Street
Petition was received, signed by eleven registered
voters, requesting the insertion of an article in the Article
warrant for the Annual Town Meeting relative to an amend-
ment to the Zoni g By-Law with reference to a new para-
graph at the end of Section L. (g) A 1 - Garden apartment
and hotel districts
A communication, signed by residents of Laconia Street,
was received in which they referred to a health hazard at
the two vacant lots located at the corner of Woburn and
Lowell Streets Complaint
It was aged to refer the subject to the Executive
Health Officer with the request that he make an investi-
gation and report
Upon motion duly made and seconded, it was voted
to grant the following licenses Ellen M.Sullivan, Licenses
d .b. a. The Colonial Coffee Hruse - Common Victualler;
Caywood Greening, Jr , Taxi Driver
58 a.,-
Upon
.=Upon motion duly made and seconded, it was voted
to grant the Premiere Performance Company permission to
use Estabrook Hall on Saturday, January 25, 1964 from
Use of 8 :00 P.M until 10 :00 P.M. , free of charge, but subject
hall to janitor ' s fees of $3.00 per hour.
Mrs . Sullivan inquired about having the piano tuned
and Mr. Carroll was authorized to have it tuned .
Upon motion duly made and seconded, it waP voted
to sign notices of intention to lay out the following
streets; hearings to be held on January 29, 1964:
Street Bryant Road Phinney Road Albemarle Avenue
layout Fairbanks Road Rogers Road Blake Road
notices of Fessenden Way Rolfe Road Dunham Street
intention Marshall Road Sanderson Road Nowers Road
Mill Brook Road Suzanne Road Sullivan Street
Page Road Tufts Road Sky View Road
(Alteration & Relocation)
Mr. John J. Carroll retired at 8 :00 P.M.
Mr. Norman J. Richards and Mr. Ivan Douglas met with
the Board.
The Chairman read a letter from Mr. Richards, dated
January 13, 1964, withreference to the land situated at
the corner of Bedford Street and Worthen Road - Lexington
Plaza Trust. Mr. Douglas intends to request the Town
Lex.Plaza Meeting to rezone the property numbered 30 Bedford Street
Trust from an R-1 District to a C-? District
Article & Mr . Richards presented a plan entitled "Plan of Land
gift of land in Lexington, Mass . Scale 1" = 30 ' , Sept . 5, 1963, Schofield
Brothers , Registered Land Surveyors, 4.8 Park Strey_
Framingham, Massachusetts " . He stated that he has been in
contact with the First Congregational Society Unitarian
Church, which owns the property abutting onto Mr. Douglas '
property He explained that the Society wants to acquire
a connecting link in the rear of its premises to connect
their parsonage land with the church land
Mr. Richards said his client would deed to the Town
fifteen feet He said it was the sugestion of the Plan-
ning Board that a buffer zone wap not satisfactory unless
the fee and control was in the Town. This fifteen feet
would be fifteen feet of the seventy-five foot and run
back as a buffer zone.
Mr. Douglas said he has to save room for a rear
drive and will be back about twenty-five feet from the
edge of the buffer to the edge of thewalk around the
building which is a twelve foot walk, He said he would
be beck about thirty-seven feet.
59
Mr. Richards said there is a restriction on this
property now, a recorded restriction of forty feet and
it is not the intent to construct any buildings in this
area He said it would be his client 's intent to grant
an easement for travel which would preclude any building
on this area. He said the Planning Board asked if
residences could be built here, but he believed it would
not lend itself to that . He said he was not unaware of
the Town Meeting feeling towards further encroachment
upon the Battle Green area.
Mr. Richards said it should be noted that immediately
across from these buildings here, it is zoned C-2 which is
the land occupied and used by the Atlantic and Pacific.
Mr Richards said if the Town would have any use for
It, his client would be willing to give it to the Town as
gift. He said it was his intent in being here this evening
for the Board to consider whether or not such a gift would
be of any value to the town an, he did not mean monetary
He said the gift would be unrestricted.
Mr. Richards read a letter which he received from the
Planning Board in regard to the whole subject.
Mr. Sheldon said Mr . Richards ' proposal was sub-
stantially what the Planning Board had requested.
Mr. Richards said he believed it was up to the Board
of Selectmen to determine if they want to put an article
in the warrant to accept the gift He said he did not
believe a petition of ten citizens asking the Town to
accept such a gift would be wise He said the Planning
Board has stated in its letter its interest in an access
and a buffer strip. Under those conditions, his client
would make a donation and is not interested in any nominal
cost
Mr. Cataldo asked how many square feet of land
Mr. Richards was talking about and he replied he was not
sure, but it has been estimated 30,000 square feet, more
or less
Mr. Burnell said he would like to have the entire
Planning Board in this evening to discuss this subject
The Chairman said the Board would take the matter
under advisement and let Mr. Richards know forthwith.
Messrs . Richards and Douglas retired at 8:25 P.M.
Later in the evening (9 ,35 P M , the Planning Board
met with the Selectmen, and the Chairman read Mr . Richards '
letter to that Board He asked if it confirmed what the
Planning Board wanted
Mr. Meyer said he had the Planning Board ' s letter
to Mr . Richards and it was thought that the land could be
acquired for $1.00. He said the Board 's attitude is ,
Cr
once the Town acquires the fifteen foot strip and the back
land, the Board would not be interested The Board was
divided, two mildly opposed and two mildly in favor He
said it was decided to have a meeting with Mr. Richards
and Mr. Douglas and then make a decision. He explained
that the Planning Board gave them no assurance that it
was in favor
Mr S .eldon asked if the Planning Board would oppose
inserting an article
Mr. Greeley stated that the 2lanning Board told him
it was not agreeing to support the articles, but encouraged
the insertion of an article.
Mr. Sheldon said the Planning Board agreed to reserve
its decision until later
Mr. Burnell asked what the Planning Board proposed
to do with the back land, and Mr. Myer replied, nothing.
Mr. Brown asked if this we .e done, would not Mr.
Johnson come in later
Mr. Meyer said that was a possibility.
Mr. Brown said this would give him the basis for
coming in.
Mr Burnell said that was a different situation.
Mr. Brown said Mr. Johnson could agree to do the
same thing.
Mr. Meyer said the Planning Board gave no assurance
that it would be in favor.
Mr. Greeley said he thouht the Planning Board pro-
posed to just sit on the back land but he would nit want
to accept it with any restrictions . The Town should be
free to do with it what it wants to .
Mr. Sheldon asked about the traffic.
Mr. Greeley said it was just a case of whether the
Plaza has six stores or eight The Plaza is going in
there anyway.
Mr. Burnell said this will open an entrance to
Bedford Street .
Mr. Greeley explained that the egress would be there
anyway.
Mr. Meyer said the service station is in the C-2 zone .
All that is being discussed is the portion where the
yellow house is and the Planning Board would have no objection
to putting in an article and holding a hearing.
Mr. Meyer said the rezoning will be too much to do
for the March Town Meeting
Mr. Burnell asked if this would be done as a Board
or if a consultant would be hired.
Mr. Meyer said the Board is in the process of writing
it now; Mr. Hardy is working on it
Mr. Legro said Mr. Hardy has done it .
Mr Meyer said that was right but now the Planning
Board is making changes.
The Planning Board retired at 9:55 P.M.
Mr. James J. Carroll, Town Clerk, met with the Board
Mr Carroll said he had an idea for the Board 's
consideration, and mentioned that various towns nearby
and around Lexington have their clerical forces, the
girls, working at 8 30 and going home at 4:30. He said this
was a suggestion because the various departments around
the building have this thought in mind and asked him if Change in
he would present it to the Board for consideration. He Town Of-
said there is more business in the morning between eight fice hours
thirty and nine than there is from four-thirty to five.
He said people find it more convenient to drop in at
eight-thirty on the way to work than they do at five o 'clock
Mr. Sheldon said many times he wished he could get in
at eight-thirty
Mr. Cataldo said in the summer the building would be
closed in the heat of the day and in the winter the clerks
could go home in daylight
Mr. Sheldon said there would be very little opposition.
Mr. Carroll said there were no objections and he did
not think a petition was necessary
The Chairman said if more citizens could be served
between eight-thirty and nine than there could between
four-thirty and five, he would not object
11 Mr. John Carroll said there is one problem The
Engineering Department works from eight to five.
Mr. Brown said there would be no- reduction in the
number of hours
Mr. Carroll asked what the Board would propose to
do with the Engineering Department.
Mr. Brown said nothing would be done .
Mr. Carroll said it would be ridiculous to leave
them here alone half an hour at night . He suggested
that their lunch hour be reduced to half an hour. He
said he could not see them in the building by themselves
after four-thirty
Mr Burnell said they could not go home for lunch
in half an hour.
The Chairman asked Mr. James Carroll when he thought
would be a good time to start the new schedule, and he
replied that if the Board is going to make a change, why
not right away
Mr. Brown said some publicity should be given to it .
Upon motion duly made and seconded, it was voted
that the Town Offices will be open from 8 :30 A.M. until
4:30 P.M. , effective Monday, February 3, 1964, and that
suitable notices be placed with the local press.
Mr. Burnell asked if Mr Carroll thought he could
work his Engineering group on a half hour for lunch and
operate effectively
A 9
C7
Mr Carroll said that only one man goes home and
he could bring his lunch.
The Chairman suggested that Mr Carroll work out
some arrangement with the Engineering Department per-
sonnel so they can leave at four-thirty, but continue
to work forty hours per week.
Mr. James Carroll retired at 8:45 P.
The Chairman read a letter from the Library Trustees
to the Appropriation Committee relative to the insertion
of articles in the warrant for capital expenditures to be
financed by transfer of balances in current accounts.
Mr. Legro advised that this balance is on borrowed
funds and there are some technicalities.
Mr. Sheldon said all the Board has to do is to agree
to insert an article in the warrant .
Upon motion dulymade and seconded, it was voted to
insert the article as requested in the letter to the
Appropriation Committee.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters, which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following discussion of several items, it was voted
to resume the open meeting.
Mr . Brown reported on the inspections he, Mr. Gray
and Mr . Carroll made today of Public Works Buildings and
equipment .
The meeting adjourned at 10:05 P.M.
A true record, Attest:
ve erk, electme�
1
e
SELECTMEN'S MEETING
January 25, 1964
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Saturday, January 25, 1964, at 9:50 A.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present . Mr. Gray, Executive Assistant, and Miss
Murray, Executive Clerk, were also present
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board to discuss further the 1964 budget. Civil
Upon motion duly made and seconded, it was voted Defense
to reduce the item for Radiac Service from $939 .00
to $363.00. The Chairman wished to be recorded op-
posed to the reduction of the amount requested.
Further discussion was held pertaining to the
Water Maintenance budget . It was agreed to make Water
no change in the amount of$38,105.00 approved Janu- maintenanc
ary 18, 1964 and to advise Mr. Carroll that the
$1,000 00 included in this sumfbr radios will not be
deducted, but is not to be used for radios .
Mr. Burrell retired at 10 :15 A.M.
Further discussion was held relative to the
Cemetery Wages & Expenses budget.
Upon motion dulymade and seconded, it was voted
to disapprove funds for the purchase of a new compressor .
Mr. Gray was requested to advise the Cemetery Com-
missioners that arrangements can be made to rent a com- Cemetery
pressor from the Public Works Department . budget
The Chairman said he would write the Commissioners
and advise that the budget has been reduced to $38,500;
that the Board did not wish to cut the individual areas,
but would suggest in the matter of the compressor, that
the Commissioners work with the Department of Public
Works and use whatever equipment is there . A copy of
the letter is to be sent to the Appropriation Committee
Further consideration was given to the Recreation -
Capital Expenditures budget . Recreatior
The Chairman said the Committee should be advised budget
that the Board does not object to the $20,000 requested,
but does object to $13,000 of it being allocated for
tennis courts
Mr. Gray was reque^ted to call Mr. Kelly and
obtain some more definite information.
The Chairman read a letter from Mr. James J.
Carroll, to which was attached a list of bids re-
ceived for the $500,000 sewer construction.
Upon motion duly made and seconded, it was voted
that the sale of the $500,000 3.10 percent Sewer Bonds
(Nos 1 to 100) of the Town, dated February 1, 1964,
payable February 1, $25,000 in 1965 to 1984 to
ational Shawmut Bank of Boston, Merrill Lynch, Pierce,
Fenner and Smith, Inc. , at the price of 100 .6165 and
accrued interest .
The meeting adjourned at 12 :10 P.M
A true record, Attest :
-5 iveQlerk( Select i
ey
U
1
b5
SELECTMEN'S MEETING
January 27, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, January 27, 1964, at 7 30 P.M. Chairman Cole,
Messrs . Burnell, 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. James J. Carroll, Town Clerk, met with the Board
for the drawing of three jurors . The following individuals
were drawn for jury duty: Robert A. Mohn, 22 Welch Road, Jurors
Edward J. Walsh, 3 Weston Street, and Sydney S. Koren, 11
Grove Street
Mr Carroll retired.
Mr. John Carroll reported that he will be taking Garbage
bids on the collection of garbage next Mcnday at 4 :00 P.M. bids
Letter received from Kingston L. Howard relative
to sidewalks and snow removal on Gould Road was referred
to Mr. Carroll who was requested to submit a report to
the Board next Monday.
Mr. Burnell said he would like to have the Board
adopt a policy of sidewalk priority, putting sidewalks
along the major streets first and then go into secondary
streets l,-ter on as the Town can afford it . Sidewalks
Mr. Sheldon said the Board would also have to con-
sider the School Committee 's recommendation.
Tentative allotments for Chapter 90 construction
and maintenance were received from the State . Chapter 9C
Mr. Carroll said he was asking for $60,000 in the
budget There are certain items in Chapter 90 work
that are not reimbursable. He also recommended curb-
ing on Massachusetts Avenue if it is to be constructed.
Letter from Mr. Harold Conant relative to trees
at the Town dump on Lincoln Street was noted and placed Trees
on file
Letter was received from the Arlington Five Cents
Savings Bank advising that the group life insurance
policy coverage can be offered at a much reduced rate
11 which will be guaranteed for the next five years . Insurance
66
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a request for change
in annual premium rates.
Mr. Gray read a letter from Robert W. Sweeney,
requesting permission to pass out circulars at the
Town dump, Lincoln Street, over the weekend.
Mr. Sweeney was present and Mr. Sheldon said he
assumed it would be for one day only.
Mr. Sweeney said he wanted permission for Saturday
Permit and Sunday, but only one weekend.
Mr. Sheldon stated this was a matter of precedent
if it has not been done before .
Mr. Burnell wondered if granting permission would
lead to more requests
Upon motion duly made and seconded, it was voted
to grant Robert W. Sweeney permission to pass out hand-
bills at the dump on Saturday and Sunday, February 1 and
2.
Mr. Sweeney retired.
Letter was received from the Middlesex & Boston
Street Railway together with a tentative schedule of
Bus service the company would like to operate in Lexington
schedule on weekdays, Saturdays, Sundays and Holidays
The Chairman said rather than spend time on this
now, he would like to nave Mr. Gray go over the schedule
and see what the difference is in now the company is
operating now and what is proposed.
Mr. Cataldo explained a public hearing before the
DPU would have to be held relative to any change in
schedule.
The Chairman read a letter from Mr. Irwin, Building
Inspector, reporting on an inspection he made of Field's
garage at the corner of Oak Street.
The Chairman read a letter from Representative
Bradford Morse with reference to a list of specific points
Rep Morse of interest to visitors in Lexington.
request for Mr. Sheldon suggested that Mr. Gray contact the
list of Historical Society and all other groups having interest
historical and give them an opportunity to add to the list
points of Mr. Gray said he would write to the different
interest organizations and incorporate their lists into a letter
to Representative Morse.
The letter also mentioned a proclamation and Mr.
Sheldon suggested that no action be taken until the
Boa d has the substance of the project
11
6 '7
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen 's Meeting held Minutes
on January 20, 1964.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Choral Society for Uses of
the use of Cary Memorial Hall for rehearsals on February hall
10, 1964, from 7 :30 P.M. to 10 :00 P.M. , and on March 6,
1964, from 5:00 P.M. until 10:00 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to the Minute Man Highlands Associ- Use of
ation to use Estabrook Hall on February 3 from 8 :30 P.M. hall
until 10:30 P.M. , subject to a charge of $10.
Application for the use of Cary Memorial Hall on
March 13, was received from the William Diamond PTA for
a pops concert, art auction and exhibit The Associa- Use of
tion requested waiver of the usual rental fee. hall
Mr. Sheldon said if this requet were granted, there
would be many others for the use of the hall with just as
good an argument , and sooner or later rental fees will not
mean very much.
The Board could see no justification in waiving the
rental fee and authorized the Chairman to discuss the
matter with Robert Meyer, President of the Diamond PTA.
Upon motion duly made and seconded, it was voted
to grant the following licenses : Licenses
Colonial Coffee House 29 Depot Square Sunday Sales
Ferdinand S. Pacione Taxi
At 8 :00 P.M. , Mr Donald Graham, Planning Project
Director of theBoston Regional Planning Project, met
with the Board
Mr Graham said he would like to talk to the Board
briefly about something th t is coming up shortly. There
will be a meeting here in Arlington on February 12. He
said he would like to point out to the Board that in this
package of material, Discussion Materials Related to the
Federal-Aid Highway Act of 1962, a copy of which was given
to each member of the Board, toward the back thereis a
United States Department of Commerce Bureau of Public
Roads instructional memorandum, dated March 27, 1963 He
said there is an indented paragraph there which he thought
is worth reading to the Bo=rd, and he proceeded to do so .
He stated that the key work is "cooperatively" . He read
the definition of the word "coopera ively" from page 4
of the same memorandum
6 8 a�
tr
He said what has been done, is the preparation of a
draft memorandum of understanding which they have reviewed
with the Department and the Bureau of Public Roads and
has received their general concurrence and they are now
testing it out with the towns Lexington is part of the
Boston Urban area. He said he woulr not read the Draft
Memorandum because this will be the subject of discussion in
Arlington on February 12.
Mr . Graham explained that, since there is a deadline
to get this under way, they are suggesting that a group
of towns , six to ten, get together. In this case they
have suggested Woburn, Arlington, Bedford, Belmont ,
Burlington, Concord, Lexington, Lincoln, Wilmington and
Winchester These are the towns concerned with Route 2
and Route 3. These are the towns concerned with mass
transportation in so far as it relates to the Lexington
branch of the Boston and Maine. He said there are
obviously critical problems suggested in this breakdown,
and they suggest that representatives of these towns
get together in Arlington on February 12 to examine this
further. He said the Board would want Town Counsel to
look over this draft of memorandum. As far as the
State Department of Public Works is concerned, it meets
Federal and Massachusetts laws, and the Attorney General
has been asked for an opinion.
Mr. Graham said until the Boston Metropolitan Plan-
ning receives the authority to act for each city and town
in order to meet the provisions of the Federal Law, this
agreement has to be negotiated between the Department
of Public Works and each city and town He explained
that there is a transportation policy committee suggested
to serve these towns The actual agreement must be be-
tween the Department of Public Works and the Town itself
It is their hope that the Board of Selectmen will have
the authority to authorize the Chairman to sign this, but
it is really up to Town Counsel to determine whether it
has to go to Town Meeting or what other action is required.
The Boston Regional Planning is concerned with developing
a program for the Boston Metropolitan Region. They be-
lieve to have this program effective, it must be approved
by the Department of Public works and the Massachusetts
Department of Transportation. He said they feel the
only way they will come up with a mass transportation plan
which can be implemented is to have the plan evolved from
the thinking of the state and local officials . He said
they spent some time with the Planning Board last spring.
Mr . Graham said he appreciated Mr. irown calling him
as this is something being discussed right now, and maybe
at the meeting in Arlington, the Board can raise some
questions which it has not thought of
61)
Mr. Sheldon said the first thing the Board should do
is to have Town Counsel determine where the authority
lies to participate.
Mr. Graham said that was correct and this is only
a suggestion put forth by the Boston Regional Planning
Project but has the endorsement of the State and Bureau
of Public Roads. The grouping of towns is only a suggestion
and there have been only two group me tings; one with the
Lowell area and one with the Newton-Waltham group
Mr Graham said he is anxious for a legal reaction
as far as the Town itself is concerned and he would
also like Comments and suggestions as to how to go about
it The policy committee they are suggesting, page 4
of the draft memorandum, included, included the Commissioner
of the Dep-,rtment of Public Works, Commissioner of the
Massachusetts Department of Commerce and they recommend
the President of the Boston Metropolitan Planning Council
being a member, the Chairman of each of the Boards of
Selectmen and the Mayor of Woburn These are the people
who woald get together to discuss the problems. They
are also suggesting a technical advisory committee. They
are suggesting a practical way of having each city and
town actually participate in the planning so in the fature
the question of Route 3 and Route 2 will be resolved to
II the best advantage of everyone concerned.
Mr. Cstaldo said that Mr Brown was of the opinion
that Mr. Graham had some knowledge of Route 3.
Mr. Graham advised that he does not have any mnre
information on Route 3 than the Board does through Carl
Blake 's work He stated that the Highway Act of 1962
opens up a new opportunity for the Board to work with
the State Highway Department on an appropriate decision.
It has been sug_ ested that this be done with Arlington,
Winchester, Burlington so thnt all local opinions can be
aired. He said he has no further information on its
priority.
The Chairman said the Town Counsel would look over
the agreement .
Mr Graham retired at 8 20 P.M.
Messrs . Parsons , Ripley, Tropeano and three other
persons met with the Board to discuss the proposed articles
for the warrant in regard to the subject of hunting in
Lexington.
Mr. Tropeano explained all the group is planning
to do is to have a committee of three appointed which will
specify and designate the land in Lexington to the Chief
of Police or the Selectmen upon which the Chief or the
Selectmen can continue to execute their rights to issue
IIhunting permits . He explained the reason is that as the
70
cr
Town has grown and the fields have shrunk and houses have
been buLlt, there is no question but that the police and
Board of Selectmen do not know where the houses have been
erected He said guns being discharged too close to
the houses have resulted in complaints. He said there
would be a member from the Conservation Commission,
Recreation Committee and the Board of Selectmen This
committee of three can sit down with Mr. Ripley or any-
one else interested to make sure the areas are properly
posted. Some areas now being gunned would definitely
be closed and other areas could be opened for a number
of years depending on how quickly the Town grows
The Chairman asked if it was Mr. Tropeano 's intent
that this be a citizens ' article in the warrant
Mr . Tropeano asked what the difference was
The Chairman explained that if Mr. Tropeano did it,
it would go in at the bequest of ten or more registered
voters of the Town and it would be up to them to sponsor
it at the Town Meeting.
Mr. Tropeano said that was his intent as he did not
think it would be fair to ask the Board to carry it.
The Chairman read another article, submitted by ten
or more registered voters, on the same subject
Mr. Parsons said, through the co-operation of Chief
Rycroft, he was able to determine that 184 permits were
issued, of which 59 were residents of Lexington which
represents 32% of the permits issued, and there are
some 39 other towns represented in the total permits
issued. Last year there were 62 permits issued before
the fire ban stopped the issuance, of which 22 were Lex-
ington residents which is again about 35%•
Mr. Sheldon asked about the move to restrict hunting
to Lexington residents and Mr. Tropeano replied it cannot
be done legally.
Mr. Ripley said that since he has been on the Con-
servation Commission, he has read directives and circulars
and one form of recreation which is highly recommended is
hunting.
Mr. Cataldo asked if it was legal to limit the number
of permits a property owner could issue
Mr . Tropeano replied that the Chief of Police could
He said they want to make sure the land is properly posted .
The group retired at 8 :50 P.M.
Mr. Thomas Osburn, Mrs . Flynn and other residents of
Concord Avenue, met withthe Board
Sidewalks Mr.Osborn, President of the Minute Man Highlands
Concord Association, said they would like sidewalks on Concord
Avenue Avenue wiich is getting to be a speedway and is heavily
travelled. He said in the past year an( a half, three
71
111 children have been hit by cars, one fatality He said
there is no playground in the area and although the
children go to and from school in buses, if they use the
facilities of the Town in any way, they have to take
the bus home and walk on Concord Avenue . He asked
if the Town has considered Concord Avenue for side-
walks at all.
The Chairman replied that it hes not been included
in the budget for this year.
Mr. Osborn said he has put an article in the warrant
to have it considered.
The Chairman said the Board has received the citizen's
article .
Mrs . Flynn said the people have a^ked for lights or
something and Concord Avenue is not a highway but is
used like a highway It is posted a 30-hour zone and
they have asked for a lower speed limit . Chief Rycroft
has said that signs don't slow the traffic. They hope,
where there is no traffic control, that sidewalks will
be considered
The Chairman said the Board could not vouch for the
legality of the wording of the article It is a
citizens ' article and the usual procedure is to have
the citizens who petitioned for it carry it at Town
Meeting.
Mr Osborn said there are no Town Meeting Members
in the Highland ssociation
The Chairman explained they could ask for the
privilege of having the floor
Mr . Carroll advised that it will cost $20,000 to
build the sidewalk and there are a number of trees that
will have to be taken down and walls rebuilt
Mr Osborn argued that it would not be necessary
to take the trees down and Mr Carroll explained why
it will be
Mr Burnell stated that the Board is trying to pro-
vide safe walking and has to build sidewalks that can
be cleared by the tractor
The Chairman asked if Mr. Osborn was more inteested
in sidewalks thah trees, and he replied in the affirmative.
Mrs . Flynn asked if one individual did not want to
pay a betterment, the project would be abandoned .
Mr. Carroll explained that no one can refuse to pay
a betterment Once the Board has decided to install
a sidewalk, the abutters have to pay.
Mr Burnell asked if the request is for sidewalks
on both sides, and Mr. Osborn replied that they would
take whatever they could get .
Mr. Carroll explained that his estimate of $20,000
is for one side only.
72 tn
Mr. Burnell stated that there is $40,000 in the
sidewalk budget.
Mr Carroll said there was a carryover of $15,000
and the Board approved $15,000.
The Chairman explained that the ultimate decision
on this will be with the Town Meeting.
Mr. Osborn asked if this would have to go before
the Appropriation Committee, and the Chairman explained
that the Committee will make a recommendation where this
requires an expenditure of money
Mrs .Flynn asked if they could hope for any better
traffic control if they don 't get the sidewalks
Mr. Burnell said that the Chief has assured the
Board that his department is checking on the speed of
traffic on this street and they are enforcing the speed
limit The Police Department is short men and the
greatest amount of traffic, of course, is going to and
coming from work which is also the same time the men are
needed around the schools It is difficult for theChief
to have Concord Avenue patrolled at all times, but he does
spot check He said the Board does receive monthly
reports of people who are arrested for speeding
One gentleman asked if there waF any way to interrupt
the traffic by putting a stop sign at Pleasant Street
Mr. Carroll explained that the State would not ap-
prove that
Mr. Burnell said their have been all kinds of sug-
gestions to slow the traffic but theState wontt go along
with them
The Chairman suggested that the group have some of its
members attend the precinct meetings to plead its cause .
The group retired at 9 :20 P.M.
Mr. William R. Whalon came into the meeting and said
he would like to withdraw request to have an article in-
serted in the warrant for an amendment to the Zoning
Article By-Law because the required number of signatures for a
Planning Board hearing was not submitted
Mr.Legro explained that tae article could not be
withdrawn without the signatures of those who signed the
petition, but it could go by default
Mr Sheldon asked if he meant to leave the article
in the warrant and move for indefinite postponement, and
Mr Legro replied, take no action
The Chairman read a letter from Chief Rycroft pre-
ferring charges against Officer Allen M. McSherry, Jr.
Hearing 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 111
40
of Selectmen in the Selectmen's Room, on Monday, February
10, 1964, at 8:30 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 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 discussion pertaining to custodians
and salaries, it was voted to resume the open meeting
Messrs Legro and Carroll retired at 10 :10 P.M.
Messrs Fitzgerald, Robbins and Whitney, Board
of Fire Commissioners, met .with the Selectmen
Upon motion duly made and seconded, it was voted
to go into Executive Session for thepurpose 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 discussion of matters pertaining to the
Fire Department, it was voted to resume the open meeting.
The Commissioners retired and the meeting adjourned
at 11 :25 P.M.
A true record, Attest :
lFxtc _ ive lerk Selectm
1
14 aa`,
tz-
SELECTMEN'S MEETING
111
Streets
January 29, 1964
The Board of Selectmen held a hearing in Estabrook
Hall, Cary Memorial Building, on Wednesday, January 29,
1964, at 8:00 P.M. Chairman Cole, Mr. Burnell, Mr.
Robert Higgins, Assistant Town Engineer, and Miss Murray,
Executive Clerk, were present.
The Chairman called the hearing to order and intro-
duced Mr. Higgins. He explained that the hearings
are held for the purpose of making dnd establishing
layouts of the streets to be presented to the Annual
Town Meeting in March for acceptance. He also ex-
plained that notices of the Board 's intention to pass
orders for theextensions, layouts, and relocations,
if any, were served by Constable to all property owners
as they appear on the most recent tax list. He said
each property owner would be given an opportunity to
see the plans and to register opposition or favor if he
or she so desired. He emphasized the fact that the
final decision as to whether or not the streets would
be accepted would be made by the Town Meeting Members.
The first street taken up was Bryant Road from well
Street a distance of 1900 feet, more or less, to beyond
Page Road.
Mr. Richard S. Bailey, 15 Bryant Road, asked the
Bryant meaning of thewords "beyond Page Road".
Road Mr. Higgins explained that it goes to the end of the
pavement now.
Mr. Bailey asked if it was the intent to put a turn-
around there.
Mr. Higgins replied in the negative. He explained
that Emerson and Bryant have been approved by the Planning
Board and will be built and connected to each other but
that is not within the scope of this acceptance.
The Chairman explained Bryant Road is a subdivision
street and was constructed according to the Town's
specifications and upon acceptance, it then becomes a
Town way
Mr. Bailey said most of his objection for this be-
coming a through way is that it will be used to by-pass
the lights at Maple and Lowell Streets . He does not
want to see it a raceway.
1
75
The Chairman said this would not have any bearing
on whether the street is accepted or not .
Mr.Harold B. Beal, 22 Bryant Road, asked what would
happen as far as maintenance if this road were not
accepted.
The Chairman replied that the road would still be
plowed and sanded but the sand would not be swept up.
Mr.Higgins said the Town would have no interest
in the maintenance. The people would theoretically
own to the middle of the street and the people would
have to maintain the street. If there was a hole,
the people would have to fix it .
Mr. Beal asked if there would be any charge, and
the Chairman replied in the negative .
Mr . Beal said if the street is not voted in, then
the burden of maintenance falls on the people, yet as,
taxpayers, there will be no reduction in the taxes .
He asked what the chances were for the street being
accepted.
The Chairman replied that normally the streets go
through Town Meeting.
No one else wished to be recorded in favor or in
opposition, and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Fairbanks xoad from Shade Street a distance
of 2,517 feet, more or less, easterly, southerly, easterly,
and northerly to Tufts Road. Fairbanks
No one wished to be recorded in favor or in oppo- Road
sition and the hearing way closed.
Hearing was declared open upon notice of intention
to lay out Fessenden Way from Rolfe Road a distance of
990 feet, more or less, easterly to Marshall Road. Fessenden
Mr. Robert W. Trenn, 7 Fessenden Way, said he was Way
strongly in favor of having the road accepted and
asked if the police cars would then patrol the road
more often.
The Chairman explained that he would be entitled
to the same service and was entitled to police pro-
tection whether on a private or public street.
Noone else wished to be recorded in favor or in
opposition, and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Marshall Road from Woburn Street a distance Marshall
of 830 feet, more or less, northerly. Road
No one wished to be recorded in favor or in oppo-
sition, and the hearing was closed .
is
Ct"
Hearing wan declared open upon notice of intention
Mill Brook to lay out Mill Brook Road from 210 feet, more or less,
Road southeasterly of Suzanne Road to 24.0 feet, more or
less, northwesterly of Suzanne Road.
No one wished to be recorded in favor or in oppo-
sition, and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Page Road from Bryant Road a distance of
Page Road 895 feet, more or less, easterly and northerly.
No one wished to be recorded in favor or in op-
position, and the hearing was closed
Hearing was declared open upon notice of intention
to lay out Phinney Road from Tufts Road a distance of
Phinney 628 feet, more or less, westerly and southerly
Road No one wished to be recorded in favor or in op-
position and the hearing was closed.
Hearing wan declared open upon notice of intention
to lay out Rolfe Road from Woburn Street a distance of
Rolfe 440 feet, more or less, northerly to Fessenden Way.
Road No one wished to be recorded in favor or in op-
position and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Sanderson Road from Bryant Road a distance
Somierson of 453 feet, more or less, and 670 feet, more or less,
Road northerly.
Mr. Joseph Grobel, 28Sanderson Road, said one end
is supposed to be a deadend with eventually a turnabout.
He said the other end will be continued some future
Page time down to Page Road, and asked what happens when it
Road is accepted.
The Chairman said it would be either under sub-
division control or under betterment . If it is con-
structed under subdividion control, the contractor
would build the street according to Town specifications
Mr. Grobel said if nothing is done, it will remain
the way it is now, and the Chairman said that was correct
Mr. Grobel asked what would happen if sidewalks are
put in on the other side of the street .
The Chairman replied thtit if sidewalks are built,
there will be assessments. He explained that usually
sidewalks are built upon petition of the people on the
street, but are sometimes built by the Town as a safety
measure. He also explained that Where there is a side-
walk on one side, there would not be one built on the
other side.
No one else wished to be recorded in favor or in
opposition and the hearing was closed.
Rogers * Heating was declared open upon notice of intention
Road to lay out Rogers Road from Ressenden Way a distance of
375 feet, more or less, northerly.
No one wished to be recorded in favor or in- opposition
and the hearing was closed.
P
Hearing was declared open upon notice of intention
to lay out Suzanne Road from Mill Brook Road a distance Suzanne
of 667 feet, more or less, northerly and westerly Road
No one wished to be recorded in favor or in oppo-
sition and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Tufts Road from Marrett Road 4 distance of Tufts
2,473 feet, more or less, southerly to Fairbanks Road Road
No one wished to be recorded in favor or in op-
position, and the hearing was closed.
Hearing was declared open upon notice of intention
to lay out Albemarle Avenue from Melrose Avenue a dis-
tance of 830 feet, more or less, northerly to Rawson Albemarle
Avenue . Avenue
The Chairman explained that Albemarle Avenue is
one of the streets to be built under betterments which
is different than the subdivision streets which were
built in the proper form acceptable to the Town and
no additional cost to the abutters. He said that the
streets taken up from here on would be those where the
abutters do pay for the construction
No one wished to be recorded in opposition and the
hearing was closed.
Hearing was declared open upon notice of intention
to lay out Blake Road from Burlington Street a distance
of 615 feet, more or less , northerly to Nowers Road. Blake Road
Mr . Fred E. Hersom, Jr . , 30 Blake Road, asked how
the decision to lay out Blake Road was reached, and if
it was conventional to have a petition.
The Chairman said that was one method
Mr. Hersom said then there was no petition, and
the Chairman stated he did not say that and there was
originally a petition. He explained that the section
under consideration had a separate petition. The other
one was not returned.
Mr. Hersom asked who signed the petition and Mr.
Higgins replied that the correspondence was with Mrs.
Morey.
The Chairman stated that the names on the legal
petition for theroad contains the name of every abutter.
Mr. Hersom asked who signed it and said there could
not have been very many.
The Chairman read off the names of Mark Moore, Jr.,
Ruth Morey, Wagner, Hulk and Mrs. Powell.
Mr. Hersom asked why he did not see the petition
since he will be affected. He said he would like to
' know who started it .
78 ael
CC"
The Chairman said that as he recalled it, W. Hersom's
name was on a separate petition in opposition. His name
does appear on this petition, but he did not sign it
Mr. Hersom asked if that wasn't a little irregular
as he never heard anything about it until he received
a notice from the Selectmen.
The Chairman said this is a fdlow-up action to the
original petition.
Mr. Hersom said he most certainly wished to be re-
corded in opposition.
Mr. John E. Nickles, 54 Blake Road, asked if laying
out the road meant that it would be paved.
The Chairman replied in the affirmative .
Mr. Nickels said he was opposed because the traffic
will be increased. Now the road is in bad shape and
a very few drivers will attempt to negotiate it. His
children and maty of the children in the neighborhood
play in Blake Road and he did not want to see them
killed which would happen if the road is built.
Mr. William L. Nussbum, 36 Blake Road, said he
was opposed to these 615 feet to the lower end con-
necting at Burlington Street being paved for more or
less the same reaenns that Mr Nickles pointed out. He
said, while he is not an abutter, he is opposed
Mr. Allen M. Mintz, 51 Blake Road, said "he" said
what Mr.Mintz would have said
Mr. Bryant Emerson, 39 Blake Road, not an abutter,
said he was also opposed for the same reasons .
Mr. Harold E. Stevens, attorney of Lexington, re-
presenting Mrs Goldie E. Powell end Robert J. Hulk,
said it was surprising to him to hear the opposition
because if we were to follow the theory applied he
assumed there would be no paved streets in the sown.
He said he understood the streets are for theconvenienee
of the traveling public and there was no theory that you
lived in an area where you did not want traffic or lived
on a street you don't want paved or have your neighbors
have it paved
Mr. Stevens said the abutters have a right to pave
the street and if it were not laid out as a Town way
and this land on both sides was laid out by the amae owner
it could be developed by the owner paving it and the
result, as far as paving the road, would be exactly the
same. He said Miss Powell and Mr. Hulk own all one
side and these others who signed the petition live on
the other side, and it would not be fair for those on
either side to be required to build a rod
Mr. Stevens said those who circulated the petition,
and he was not one of them, had no intention of over-
looking
Mr. Hersom. He said he was told that Mr.
79
Hersom refused to sign. If there was a misunderstanding,
Mr. Hersom could sign it now, but since he is opposed, it
would not be a fruitful request
Mr. Stevens said Miss Powell and Mr.Hulk are in favor
of laying out this road .
Mr. Wilbur C. Nylander said he was appearing for
Mr. Mark Moore, Jr . , owner of one parcel abutting on
this portion of the street to be accepted, and he is
in favor.
Mr Alan C. Wagner, 24 Blake Road, was recorded in
favor.
Mrs . Ruth Morey, 90 North Hancock Street, said her
land faces on Blake Road. She stated that a recent Act
passed in 1958 stopped the issuance of building permits
on an unaccepted street. All the owners up this street
had houses built before this law was passed. Unless the
street is constructed, no house can be built on the land
and it is not fair to keep it unbuildable .
Mr. Hersom said some years ago, a petition was circu-
lated and he signed to have the street improved. At that
time, there were two chief objectors ; one was Mrs.Morey
and the other was the clients of Mr. Stevens . He said
now the people who signed the petition, Mr . Stevens '
clients, have no interest, having disposed of the land
to Mr. Moore. He said he could not see where they have
any inteit in it . He said he did not know if they
owned the land or not , but it is proposed that Mr . Moore
will erect houses on it . He said his point is that
neither Mr. Stevens nor his clients have interest except
as a matter of sale.
Mr . Stevens said he would like to know where Mr.
Hersom obtained his facts . He said it is a little dis-
quieting to have someone appear at a public hearing and
make such statements . He explained that Mr. Hulk and
Miss Powell own this land . There has been no agreement
entered into to sell it to Mr. Moore, or any other person.
Mr. Moore has talked to him and to them, and he has told
him the land will be sold later on: Miss Powell is
in the hospital and it is necessary for her tohave funds .
This is no longer a farm. She used to have cows and hens,
but it has been built up so that it is no longer approved
He said the land must be sold, they are the owners and they
have signed the petition in good faith, but there was no
arrangement with anyone as tothe subsequent purchase of
any of the land.
Mr. Nickles said the motivation has been for the
profit and asked what was more important, the injury to
a certain number of children or to a certain number of
builders .
80
Mrs. Morey said when the petition was in order to
be passed around, Mr. Hersom's opposition had already
been delivered to the Town Offices, and therefore, the
petition was not taken to his house.
Mr. Nussbum asked who initiated the petition for
Blake Road.
Mr. Higins replied Mrs. Morey,
Mr. Wagner questioned what would be done in the future
with the remainder of the road from Nowers to Boulder and
asked if it would always be an unfinished section. He
said it would seem to him the Town would automatically
go through and it should at least go up to Henderson
Road.
No one else wishing to speak in favor or in op-
position, the hearing was closed
Nearing was declared open upon notice of intention
to lay out Dunham Street from Utica Street a distance
of 473 feet, more or less, easterly.
Mr. Robert Trebino said he was representing his
' Dunham father Stephen Trebino, (83 Spring Street ) , and asked
Street if there was any petition in opposition.
The Chairman replied he had not seen any petition
but he believed there was opposition.
Mr. Trebino asked if this was for water, sewer and
street .
The Chairman explained that the hearing is concerned
with the street only.
Mr.Trebino said thre is a 2" water main there now
and asked if this would be changed.
Mr. Hig ins explained that if the street does go
through Town Meeting, and is built, the Department of
Public Works intends to replace the 2" water main with
a 6" water main the entire length of the street.
Mr. Carl G. Hooks, 19 Utica Street, said he has
more frontage on Dunham Street, on which he does not
live, because he has a corner lot. He said he was
retired, living on a limited income, and it is the
matter of assessments that bothers him more than any-
one else. He said the street is not bad, as he has
poured oil on the street because of dust and filled in
the holes. He said Mr. DiRocco has a house which he
rents, and it will be to his advantage to have the
street paved He said he does not feel he can afford
it and has more frontage on Dunham Street than all the
other abutters together; that is the reason he is op—
posed.
Mrs. Gladys M. Hooks was recorded in opposition
for the same reasons.
Mr. Redman said she was representing Mrs. Lena
Bacigalupo, 17 Utica Street, said they paid for Utica
81
Street when it was paved and they do not want to pay
twice.
The Chairman said the lot is an odd-shaped one
with a narrow corridor about 20 feet and the main
portion of the lot is on Dunham Street
Mr. Trebino said he holds a two foot buffer strip
between their property and the street which he does
not intend to give up.
The Chairman explained that the Town intends to
take it .
Mr. Anthony .,DiRocoo, 8 Dunham Street, was recorded
in favor.
Mr . Richard Lupo, 9 Dunham Street, was recorded in
favor. He said realizing the rights of other people
in the street, he felt that if the Town was to go along and
feel it did impose a hardship on the minority, nothing
would be done in the Town and the Town would not progress.
He said last year he had to have his car timed out and
he wished to be recorded as being in favor.
No one else wished to speak in favor or in opposition
and the hearing was declared closed.
Hearing was declared open upon notice of intention
to lay out Rowers Road from Henderson Road a distance of
625 feet, more or less, southerly and southwesterly to
Blake Road. Nowers
1 II Mr. Boyd Robinson, 8 Nowers Road, asked if there Road
was a petition circulated for this project and the
Chairman replied that there was a petition.
Mr. Robinson asked if it was more recent than last
summer, and the Chairman replied that it was last summer.
Mrs. Clara Sanborn, 32 Burlington Street, said
she owns land on Nowers Road. She akked if living on
Burlington Street and having paid an assessment on
that street would she have to pay for land she owns
on Mowers Road. She said she owns land on Mowers
Road, down Blake to Burlington.
Mr. Higgins explained an assessment is put on a
lot which is buildable. If she has one lot on one
street that is buildable and another lot on another
street that is a buildable lot, both lots are assessed.
He explained further that on corner lots the owner is
liable for the longer frontage only.
Mr. T. J hn Johnson, 9 Mowers Road, asked if one
lived on a corner lot, and then Nowers Road goes in and
the owner votes in favor of it, can he do that being
connected to the sewer on the other corner.
The Chairman said he could see nothing to bar him
from being in favor He explained that the Board does
IInot assess people twice, but they do assess them for
2 Ie
the longer frontage.
Mr. Johnson asked if they would have a vote and
asked if the majority of the people on Nowers Road
wanted it accepted.
Mr. Higgins explained that the people on the
corner lots have a right to vote, but their signature
on the petition does not receive the same consideration
as those who have all their land on the road. He said
that the Selectmen consider each owner who has signed,
each lot signed for, and each assessment signed for.
He said the general interest of the public is also con-
sidered.
Mr. Philip H. Slade, 6 Nowers Road, said quite a
portion of his front land will be lost when the street
is built
The Chairman said the actual taking will take
everything he is going to lose. It might appear that
he has some more land after the taking because he might
maintain his lawn out to the pavement
Mr. Slade said his land slopes to the street and
there will be a three or four foot drop.
The Chairman said since he has been on the Board,
as far as he kn , all abutters have been satisfied with
the way their land has been left .
Mr. John B. Cody, 9 Nowers Road, asked how the
assessments are calculated and if this was for sewers
and streets.
The Chairman replied that the streets are assessed
at $10.00 per foot of frontage and this is a street
hearing only.
Mr. John M. Denison, 8 Henderson Road, asked if
it wasn't true that streets are not built without
sewers and drains. He said he thought this was manda-
tory
The Chairman explained that in subdivisions, the
Town requires the builder to do certain things .
One of thegentlemen who spoke before, but did not
give his name this time, asked if this layout included
pavement and sewer.
The Chairman explained that this is just pavement
and this hearing is concerned only with construction
of Nowers Road. However, the sewer is to be installed
in Nowers Road but it is not included in the $10.00 per
foot. He said the $5,000 is the cost of the street
that is apportioned and the total cost is around $12,000.
Mrs. Clara A. Sanborn, 32 Burlington Stret, wished
to be recorded in opposition.
Mr. and Mrs . Philip Slade, 6 Nowers Road, were re-
corded in favor.
Mr. and Mrs. Richard Townsend, 7 Nowers Road, were
recorded in favor.
83
One of the gentlemen who spoke before, but did not
give his name again, said bbout four or five years ago,
he was in favor of this, but several of his neighbors
did not want it and he forgot about it In the mean-
time, his cesspool was so bad he had to have a new one.
Now he is opposed to this. He said he would lose four
or five trees and his taxes are four times what they
were when he moved here eight years ago .
Mr. and Mrs. T. John Johnson, 9 Nowers Road, were
recorded in opposition.
Mr. and Mrs . John M. Denison, 8 Henderson Road,
were recorded in favor.
No one else wished to be heard in favor or in op-
position, and the hearing was closed.
Hearing was declared open upon notice of intention
to la out Sullivan Street from Winter Street a distance
of 348feet, more or less, westerly.
No one wished to be recorded in favor or in op-
position, and the hearing was closed.
Hearing was declared open upon notice of intention
to alter and relocate Skyview Road at Rangeway. Skyview
Mr. Mitchell Bezreh, 32 Skyview Road, said the stakes Road
were placed to show the intended alteration. He said he
did not have an opportunity to see them until this evening.
He is opposed to the way they are set out . He said the
reason he brought this road to the Town's attention was
that he was unable to stop the erosion on the corner.
He said he thought there would be some curbing, and the
way the plans look now, a lot of his property will be
taken. He said he did not think the Town needs such
a curve, and the erosion will be a greater problem
than he originally had. He said perhaps some other
layout could be worked out, and he is opposed to the
present layout.
The Chairman asked if the only thing he was objecting
to was the manner in which it is being done.
Mr. Bezreh said he requested that something be done
but for the present, he was neutral.
No one wished to be heard in favor or in opposition
and the hearing was declared closed.
The meeting adjourned at 9:03 P.M.
A true record, Attest :
=cu• ve erk, (Selecti
UUU
o t't,
84 2P
SELECTMEN'S MEETING
February 3, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, February 3, 1964, at 7:30 P.M. Chairman Cole,
Messrs . Brown, Cataldo and Slaeldon were present. Mr
Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present.
Mr Carroll reported that he took bids on the col-
lection of garbage today, and gave each member of the
Board a canvas of the bids taken. He also read a letter
from the Pitt Disposal Service taking exception to
several items in the specifications.
Mr. Cataldo referred to the eight-hour day clause,
and asked if Mr. Carroll had stated that Town Counsel ad-
vised this was according to statute .
Mr. Carroll replied in the affirmative and stated
it was General Laws .
Mr. Sheldon said three of the bidders were reason-
ably
close, and asked Mr. Carroll if he needed any more
evidence.
Mr. Carroll replied that he thought all the bidders
should meet with the Board.
Mr. Cataldo suggested that the Board have a list of
where these bidders have collected garbage and then corn-
tact these towns .
Mr. Cataldo asked if all the bidders would use their
own site, and Mr. Carroll replied in the affirmative . He
said as far as he knew, they were all pig farmers
It was agreed to investigate the four low bidders.
Upon motion duly made and seconded, it was voted to
execute a statement of expenditures, submitted by the
Chapter 90 State Department of Public Works, relative to the amount
expended for materials under Chapter 90 Memorandumo of
Agreement #21257.
Upon motion duly made and seconded, it was voted
to approve the following j/o pole location, subject to
approval of the Assistant Town Engineer:
Maple Street, southeasterly side, approximately 15 feet
southwest of Emerson Road, --
One (1) pole.
(One existing JO pole to be removed. )
Maple Street, southeasterly side, approximately 300 feet
southwest of Emerson Road, --
One (1) pole.
(One existing JO pole to be removed. )
8il
5
Letter from the Boston Traveler and Sunday Herald Snow
"Tell it to Joe" concerning an inquiry he had received removal
about plowing and removing snow from driveways was re-
ferred to the Superintendent of Public Works.
The Chairman read a letter fromNartin I. Small,
attorney, 54 Devonshire Str et, Boston, urging the
Board to consider an article in the warrant for the Voting
purchase of additional voting machines. machines
Mrs . Homer Hagedorn stated that the Town is in
the legal statutory limit of voting machines .
Mr. Sheldon pointed out that nothing could be done
for the March meeting. He said the Board could check
the statutory requirements, and if necessary, do some-
thing before the State elections .
The Chairman said the subject would be referred to
Town Counsel.
Letter was received from Joseph F. Curran, 496
Waltham Street, req eating the extension of the sewer
on Waltham Street from Brookside Avenue to Kendall Road.
Mr. Carroll said the sewer will cross Waltham Sewer
Street by this time next year and he will be ready to
put the sewer in if the Board so desires.
It was agreed to advise Mr. Curran that a formal
petition requesting the sewer extension will be pre-
pared by the Engineering Department and sent to him;
that it will be included in next year 's budget.
Letter was received from Mr. Burrell, Director of
Civil Defense, to which was attached a copy of Chapter I Civil
of the National Plan for Emergency Preparedness. The Befehee
Chairman said it would be available for the members of
the Board to peruse at their convenience .
Letter was received from William F. Buckley, Assist-
ant Director Cary Memorial Library, asking the Board to
appoint three special police officers for duty at the
library. Special
Upon motion duly made and seconded, it was voted Police
to appoint the following Special Police, for terms ex-
piring March 31, 1964, subject to satisfactory refer-
ences being received from Chief Rycroft:
Robert
E. Ames Sd Bridge St. ,Lexington
Frank Langone 92 Lake St. , Arlington
Philip Nyren Ayer, Massachusetts
The Chairmanread a letter from the Lexington Con-
servation Commission requesting permission to use the
86 kw,
C
771
conference room opposite the Building Inspector 's
Use of office for meetings every Monday night at 8:30 until
room further notice.
Upon motion duly made and seconded, it was voted
to grant the request.
Mr. Gray suggested that the members of the Con-
servation Commission and the members of the Standing
Classif i- Plumbing and Building By-Law Committee should be classi-
cation f ied in regard to the Conflict of Interest Law.
Upon motion duly made and seconded, it was voted
to classify the following individuals as Special Munici-
pal Employees :
Francis W. K. Smith 29 North Hancock Street
Jules P. Sussman 15 Holmes Road
Stephen F. Ells 110 Shade Street
William S. Richey 5 Hathaway Road
Aiden L. Ripley 52 Follen Road
Robert W. Custance 88 Hancock Street
Perry D. Lord 17 Patriots Drive
Leo Dunn 58 Hill Street
George E. Bullock 17 Longfellow Road
Richard W. Souza 542 Concord Avenue
The Chairman read a letter from Mr. Finneran, Execu-
Report on tive Health Officer, reporting on an investigation he
;omplaint made of a complaint made by residents on Laconia Street
that the vacant lots at the corner of Woburn and Lowell
Streets were a health menace
It was agreed to notify the first name on the peti-
tion of the report.
Upon motion duly made and seconded, it was voted
License to renew the Common Victualler license issued to the
Five Forks Service Center.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington 4-H Town Committee
Use of hall to use Cary Memorial Hall on April 23, 1964 for an Award
Day, free of charge, subject to a fee of $3.00 per hour
for custodian' s overtime service.
Upon motion duly made and seconded, it was voted
to grant permission to the Boston Market Gardeners As-
Use of hall sociatton to use Cavy Memorial Hall on March 21, 1964 for
$35, plus $3.00 an hour for custodian's overtime services .
*the Association's Annual Banquet, subject to a charge of
The Chairman asked the Board if it was the intention
to lay out all the streets presented at the hearing held
on January 29, 1964
87
Upon motion duly made and seconded, it was voted
to lay out the following streets to be presented to the
Annual Town Meeting in March, 1964, for acceptance: Street
layouts
Bryant Road Phinney Road Albemarle Avenue
Fairbanks Road Rogers Road Blake Road
Pessenden Way Rolfe Road Dunham Street
Marshall Road Sanderson Road Mowers Road
Mill Brook Road Suzanne Road Sullivan Street
Page Road Tufts Road Sky View Road (Alter & Relocate
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on January 25 and 29, and the minutes of the meeting
held on January 27, as amended.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on January 25 and 29, and the minutes of the meeting
held on Janu ?ry 27, as amended.
Dr. Robert L. Kelley, 10 Gould Road, Kingston L.
Howard, 5 Gould Road, and several other persons met with
the Board. Dr. Kelley presented a petition to the Chair-
man reque ting theconstruction of a sidewalk on Gould
Road between Dewey Road and Grove Street and also re-
questing the Town to plow this sidewalk and the existing
sidew..k on Gould Road between Dewey Road and Turning Mill
Road, and on Turning Mill Road as far as the children Sidewalks
must walk. and plow-
Dr. Kelley said Gould Road goes up a hill and has ing
an S-shape curve, and the children have to walk on the
road. He said the corner is blind and there is danger
of cars skidding into the children. He also said
once they are at the top of the hill, the vision is
obscured and while snow is on the ground, there is
great danger to the children.
The Chairman said the Board had, at a previous
meeting, read Mr. Howard 's letter on the same subject.
Mr. Carroll presented a plan and explained the
section to which Dr. Kelley referred was built when
the Planning Board was not requiring subdividers to
build sidewalks The other section came in later and
sidewalks were required
Mr. Howard said that at the last meeting of the
Banning Board, it did approve the Dewey Road area, and
the developer intends to have this road completed with
1 sidewalks and sewer by May first of this year He
8S
s�gay
a.J 1
said this would then leave a gap between the section
of Gould Road and Dewey Road where the sidewalk now
ends and the point where the developer will have ended
his sidewdk on Dewey Road He said this section of
Dewey Road will represent a short cut to children going
to Estabrook School and will take all of that traffic
down Dewey Road to Grove Street. and also ipst of t4e
vehicular traffic.
Mr. Howard said he called the Planning Board 's
attention to the fact that the road formerly known as
Mountain Road, which no longer exists as a road as far
as the Town is concerned, is completely on Town pro-
perty and is therefore within the jurisdiction of the
Town to act on. If a sidewalk was built down the area
of this road, it would then provide further access for
a large section of families living on Turning Mill Road
and would eliminate a hiatus which requires bus trans-
portation. If this sidewalk were built, all the
children would be within the one mile limit.
Mr. Carroll indicated to the Board and those present
the sidewalks that the Town now plows and those that are
not plowed. He said the problem, with reference to Mr
Howard's suggestion, is whether anyone would want small
children walking through a very lonely area.
The Chairman said funds are in the 19614. budget to
be used for sidewalks on either Gould Road or Tunning
Mill Road, and when a decision has been made, he would
so advise Dr. Kelley.
The group retired at 8:15 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters, which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion with Mr . Carroll with fur-
ther reference to his 1964 budget, police matter, Law,
Fire and Police budgets, it was voted to resume the
open meeting.
Letter from the Visiting Nurse Association, rela-
LVNA tive to appointment of a representative from the Board
to the Board of Directors, was held over.
Mr. Cataldo asked about Workmen's compensation
coverage for fire and police.
Mr. Gray stated that it is definitely out. Mr.
Stolz is checking on the accident policy but he questions
the legality of it .
89
Mr. Cataldo said he would like to see this eight
hour work day in the garbage contract. He asked how Garbage
the fines could be enforced if the contractor did not contract
complete his route in sight hours because of a snow
storm or for any other rea on.
Mr. Gray agreed to write Town Counsel for an
opinion
The meeting adjourned at 9:25 P.M.
A true record, Attest:
'� Jc iv Cl , Sele en
90 ;
SELECTMEN'S MEETING
February 10, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, February 10, 1964, at 7 30 P.M. Chairman
Cole, Messrs Brown, Burnell and Sheldon were present.
Mr. Gray, Executive Assistant, Miss Murray, Executive
Clerk, were also present Mr. C taldo arrived at
9 00 P.M. and Mr. Legro arrived at 9:06 P.M.
At 7:30 P.M. hearing was declared open upon peti-
tion of the New England Telephone and Telegraph Company
for permission to locate a manhole in Massachusetts
Manhole Avenue from Woodberry Road.
location Mr. Dunn, representing the petitioner, was the
only person present at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of the property listed on the petitioner 's plan,
and also filed with the Superintendent of Public Works
Mr Dunn explained that the present span lengths
are so great the company wants to place a manhole over
the duct for more room.
The proposed location was approved by Mr. Higgins,
Assistant Town Engineer, and no one was present at the
hearing 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 manhole location:
Massachusetts Avenue: Northerly side, in sidewalk,
approximately 200 ' easterly, from Woodberry Road;
One (1) manhole, to be built over existing conduit.
At 7 :33 P.M. hearing was declared open upon peti-
tion of the New England Telephone and Telegraph Company
Pole, guy and the Boston Edison Company for permission to locate
wire & one pole, guy wire and anchor on Turning Mill Road.
anchor Mr. Dunn, representing the telephone company and
Mr Serverson, representing the Boston Edison, were the
only persons present at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of the property listed on the petitioners ' plan
and also filed with the Superintendent of Public Works.
Mr. Serverson explained that there is a pole and
guy there now and therc is a driveway. The present lo-
cation
of the pole and guy makes it difficult for the
1
occupant of the house to drive in and out of nis drive-
way.
The proposed location was approved by Mr. Higgins,
Assistant Town Engineer. No one was present at the
hearing 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 an order for the follow-
ing j/o pole, guy wire and anchor location:
Turning Mill Road, southwesterly side, approximately 209
feet southeast of Grimes Road, --
One (1) pole, guy wire and anchor
At 7:35 P.M. hearing was declared open upon peti-
tion of the New England Telephone and Telegraph Company
for permission to locate underground conduit in Woburn Conduit
and Lowell Streets . location
Mr. Dunn, representing the petitioner, was the
only person present et the hearing
Notice of the hearing was mailed to the petitioner,
owners of the property listed on the petitioner 's plan
and also filed with the Superintendent of Public Works.
Mr. Dunn explained this is for the street widening
at Lowell and Woburn Streets .
The proposed location was approved by Mr. Higgins,
Assistant Town Engineer. No one was present in favor
or in opposition and the hearing was declared closed.
Upon motion dul made and seconded, it was voted
to grant the petition and sign an order for the follow-
ing conduit location:
Woburn Street ; From Pole 14.2/57, northerly, tlm easterly
approximately 268 'feet of underground conduit ; also,
one (1) manhole, MH 54/122
From M H 54/122, easterly, approximately 69 ' feet of
# underground conduit
Lowell Street : From Pole 9/66, northerly, then northwesterly,
approximately 288 ' feet of underground conduit.
From easterly side, of Woburn Street , westerly, approxi-
mately 78 ' feet of underground conduit.
At 7:38 P.M. , hearing was declared open upon peti-
tion of the New England Telephone and Telegraph Company
for permission to locate one pole o$ Lowell Street from Pole
Haskell Street. location
Mr.Dunn, representing the petitioner, was the only
person present at the hearing
*
From Pole 114/61 westerly, approximately 116' feet of
underground con duit
92
Notice of the hearing was mailed to the petitioner,
owners of the property listed on the petitioner's plan II ,
and also filed with the Superintendent of Public Works .
Mr Dunn explained the pole will service a fruit
stand and there was a pole there at one time, but it
was in front of a driveway
The proposed location was approved by Mr. Higgins,
Assistant Town Engineer. No one was preset 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 an order for the follow-
ing pole location:
Lowell Street : Westerly side; approximately thirty (34
feet northerly from Haskell Street :
One (1) pole
Notice was received from the Metropolitan District
Commission relative to a hearing upon application of the
City of Leominster for permission to, pump a portion of
MDC its water supply requirements from the Wachusett Reservoir
Mr. Gray advised thAt this was a routine hearing
which he and Mr. Carroll will attend.
Request from the Europa Auto Imports, 153 North
Street Street, for street lights was referred to Mr. Carroll.
Lights
The Chairman read a letter from William E. Porter
and William J. Wilson requesting another three-year
extension of time for payment of a sidewalk assessment
levied against property owned by them and located on
East Street.
The Chairman read a letter from William E. Porter
and William S. Wilson, Porter Bros. & Wilson, 6 East
Street, requesting deferment of a sidewalk betterment
assessment in the amount of $1,036 .66 and deferment
Deferred of a sewer betterment assessment in the amount of
betterment $2,474 37
Upon motion duly made and seconded, it was; voted
,o again extend the time for payment of the sidewalk
betterment assessment, under the provisions of Chapter
159 of the Acts of 1950, without interest, in the
amount of $1,036.66, levied against property owned by
Porter Bros. & Wilson, located on East Street , until
the land or any part thereof is built upon, sold or
until the expiration of three years from the date
hereof, whichever event occurs first.
Upon motion duly made and seconded, it was voted
to extend the time for payment of the sewer betterment
assessment, under the provisions of Chapter 159 of the Deferred
Acts of 1950, without interest, in the amount of betterment
$2,474.37 levied against property owned by Porter Bros
& Wilson, located on East Street, until the land or any
part thereof is built upon, sold or until the expiration
of three years from the date hereof, the extension of time
to terminate immediately if the facilities of the sewer
main are used for any part of the land.
Letter was received from Donald M. Graham, Plan;
ning Project Director, Boston Regional Planning Project,
relative to a hearing to be held at the Arlington Town Hearing
Hall on February 12, 1964 at 8 00 P.M. , for the purpose
of discussing the provisions of the Federal Aid Highway
Act of 1962. Mr Brown and Mr. Gray will represent
the Board at the hearing
Another letter was received from Mr. Jack L. Mitchell,
16 Peachtree Road, with reference to the property at 334
Woburn Street . 334 Woburn
Due to the fact there was a difference of opinion Street
between the Planning Board and the Building Inspector,
the subject had been referred to Town Counsel for a
ruling. It was agreed to advise Mr.Mitchell that the
matter had been referred to Town Counsel.
Upon motion duly made and seconded, it was voted
to designate Mr. Cataldo as the Board 's representative LVNA
t6 the LVNA Board of Directors.
The Chairman read a letter from Dr. Donald C.
Weikert, with reference to a proclamation and newspaper Procla-
release in connection with the Heart Fund Drive oration
Upon motion duly made and seconded, it was voted
to issue a proclamation and to approve the proposed
newspaper release .
The Chairman read a letter from Lexington Emblem
Club requesting permission to operate a refreshment
stand April 19 next to Bateman's Department store, April 19
permission having been obtained from Mr. Thomas Connors ,
owner of the building.
The Board had no objection
Upon motion duly made and seconded, it was voted
to designate March 16, 1964 as the deadline for receiv-
ing requests for permission operate refresnment stands
on April 19.
4)4 r,
Cm'
Invitation was received to attend the Installation
Invitation of Officers of the Lexington Detachment Marine Corps
League The Chairman agreed to represent the Board.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Science & Engi-
Use of hall nearing Scholarship Fund Committee to conduct a dinner
in Cary Memorial Hall on March 12, 1964, free of charge,
but subject to a fee of $3.00 an hour for janitor 's
overtime services .
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Lodge Order Sons
Use of hall of Italy to hold a banquet in Cary Memorial Hall on
May 16, 1964, subject to a charge of $35, plus $3.00 an
hour for janitor's overtime services.
Upon motion duly made and seconded, it was voted
to appoint the following individuals Special Police,
at the request of Mr. William F. Buckley, Assistant
Director of Cary Memorial Library, for terms expiring
March 31, 1964:
Robert E. Ames 50 Bridge Street
Lexington, Mass.
Frank Langone 92 Lake Street
Arlington, Mass.
Philip Nyren Ayer, Massachusetts
Upon motion duly made and seconded, it was voted
Licenses to grant the following licenses : Douglas E. Hogan, Taxi
Driver; G. Robert Lea, Taxi Driver; Lexington Motor Inn,
Inc. , Innkeeper.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
February 3, 1964.
Mr. Gray reported that he wrote to the Lexington
Historical Society and the Chamber of Commerce for in-
Historical formation requested by Representative Bradford Morse.
information He suggested, and the Board agreed, that he send along
the information received from the Historical Society.
Sealed financial statements were received from
the four low bidders on the gargage contract
Mr. Sheldon suggested that Mr. Gray study the in-
formation submitted by the bidders and submit a report
to the Board.
Mr. Gray said in addition to the information the
bidders filed, he thought the Board should run through
its own credit check
Mr. Sheldon said the Board has received a financial Garbage
statement and the Board is next interested in the ser- bids
vice they have given the towns for whom they have worked,
and beyond that, he did not know what information could be
obtained. He said this is a case of a record of service,
whether they have given good service or not
Mr. Gray said he and Mr. Carroll plan to visit the
Towns these bidders have collected in.
Mr. Sheldon said when that was done, the Board would
have all the information it needs .
Mr. Gray said if the bidders were narrowed down to
two, he thought an independent check should be made and
the Board agreed.
The Chairman read a letter from Mr . Carroll, Super-
intendent of Public Works, with reference to the proposed
alteration and relocation of Skyview Road. Skyvivw
Upon motion duly made and seconded, it was voted' Road to rescind the order to alter and relocate Skyview Road
at Raggeway.
The Chairman reported that he spent three hours and Conser-
a half on Skturday with Mr. Jules Sussman, of the Con- vation
servation Comr:ission, and Mr Sussman wants very much to Commission
have an article requesting the appropriation of $15,000 article
He stated thtt he, Mr.Cataldo and Mr Burnell discussed
this and were of the opinion not to request the $15,000.
Mr. Sheldon said he thought it would be very unfortu-
nate not to give them the money they need.
Mr. Burnell suggested waiting to find out what the
Commission will need.
Mr Sheldon said if they don't need the money, it
will not be spent If the Commission does find some-
thing during the year and have no money, it will have
to wait for a Special Town Meeting. He said most of
the towns in the Commonwealth are in this , and he thought
the money should be given to the Commissioners.
Mr. Brown said they would still have to go to a Town
Meeting for specific projects.
Mr. Burnell said before, the Board suggested that
they use the Selectmen's ooption money.
Mr. Gray explained that to participate in the Com-
monwealth, the project first has to be approved by the
a..
Cl
State. They can't go out first and get an option. After
they have received State approval, they come back to Town
Meeting for approval. The State will not approve any-
thing that hes not received its prior approval The
money can be accumulated and sets up a Conservation Fund
separate from expenses . This fund can only be used to
acquire property. He said the question was raised as to
how long this money can be accumulated. The State
receives its money from the bond issues given it by the
General Court. They can only see two years in advance
and can't say four years from now whether they will have
any money or not .
Mr. Sheldon said the State law, as he understood it,
provides that the State pays 50% of the Town' s appropri-
atioh. This would not apply to the Selectmen's option
money.
Mr. Gray stated it would apply only to the Con-
servation Fund.
Mr. Sheldon said he thought it was only fair to the
Commission to give them what they expect to get .
Upon motion duly made and seconded, it was voted
to include an article in the warrant requesting an appropri-
ation of $15,000 for the Conservation Commission; (Vote
rescinded later in the evening. )
The Chairman said the Board appointed him as the
Town' s representative to the Regional Planning Commission,
Planning and he accepted on a temporary basis and can no longer
Council devote any more time. He said he proposes to send his
resignation to the Secretary of State and suggested to
the Board that W. Alan G. Adams be appointed.
Upon motion dulymade and seconded, it was voted
to apoint Mr. Alan G. Adams a represntative to the
Metropolitan Area Planning Council.
Mr. H. Bigelow Moore and William R. Page, TMMA, met
with the Board
Mr. Moore said the voting machine question seems to
go well over a year . The precincts have too many voters
for the machinesand the State has a minimum requirement
of one machine for every 400 voters. In precinct one,
there are 2700 voters and five machines . He said there
are 700 voters over in that precinct, meaning at least two
machines are needed. In 1960, the polls closed at eight
and people were waiting at ten. He asked what steps the
Selectmen are taking to bring the Town into the legal re-
quirement for voting machines
The Chairman said he did remember the previous Board
making the statement that it would have them for the next
97
' -residential election The warrant is closed and being
signed tonight so there will not be an article in the
warrant for this Town Meeting. He said he talked to the
Chairman of the Planning Board and he believes articles
will be ready in May for a Special Town Meeting. It would
be his opinion that if Town Counsel advises the Board
this is the law and the Board should do tliis, it will
have an article in the warrant Voting
Mr. Moore said it is his understanding that the machines
letter is in the file that the then Chairman promised
that this would be in the warrant for the 1964 election
Mr Sheldon asked if there were a meeting in May
and these machines were authorized, what the time would
be in getting them
The Chairman said he understood they could be ac-
quired on a rental basis to buy. He said all he could
say is, it was an oversight
Mr . Moore said it is disturbing to them that it has
been on the docket for over a year and it is a legal re-
quirement .
The Chairman said the main thing is the Town have
machines for the presidential election. There are
enough machines for the voters until that time
Mr. Moore agreed.
Mr. Sheldon said Mr . Gray could find out the timing.
The Chairman said he assumed the other members of
the Board felt the same as he does .
Mr. Page said the Precinct One people brought up the
fact you can't tell how many people saw the line and did
not wait to vote
Mr.Moore said if the warrant is closed, he would
have to take it. It is the only answer
The Chairman pointed out that only a few people come
out to the primaries and regular town election.
Mr. Page said the TMMA :las been addressing itself to
communications problems and appointed a committee to investi-
gate ways of improving communications between Town Meeting
Members, the Board and Town Meeting Members, other people
in the Town and Town Meeting Members and other Boards and
Committees.
This committee reported back to the TMMA and most
of the people in the Association appreciated, from the
experience they had on the high school referendum, the
kind of problem they faced so they were more than glad
to push some of these sugbestions which the communi-
cations committee made to the TMMA One of them was
a communications room; to have some central place in
8 iNn
tr
the Town where information such as Planning Board reports,
Appropriation Committee reports, Capital Expenditures Com-
mittee reports would be available He said there is in-
formation they thought would be valuable to have at an
information center and kept up to date . They first talked
this over with Mr.Nyren of the library Rev. Handle7, Mrs
Morey and several other people went over the idea. The
problem was that they could not think there was any space
for it and also did not think it was properly a library
function but more properly a Cary Hall or Town Office function.
This was reported back to the TMMA and the sug-
gestion wa made to approach the Selectmen. He said
he wrote to Mr. Brown and in the letter to Mr. Brown
outlined the type of information th<t might be made
available - - Town Warrants from previous meetings,
Standing School Building Committee members, Town Meet-
ing members ' names and addresses, people filling town
positions, tax doll_r posted, etc. The League of
Women Voters would be responsible for stocking the room
with inform tion. A member of the library staff would
work with the League, the TMMA and the Town Clerk to
keep the room up to date Use of the room would be
by permission of the library staff or Town Office staff
The information in the room would not be available for
loan. Posting of information would be by permission
of the Town Office staff or the library staff. The
Room would be available for use of small groups for meet-
ings. Publicity would be given the room and its avail-
ability would be made known.
Mr. Page said the TMMA does not say a communications
room would be the answer, but they think it would be worth
an experiment to try out and see if it is of anytuse. It
would be done en a voluntary basis and if it worked out,
there might be some money appropriated to keep it up.
The Chairman said at the present time, anyone who
wants information comes to the Town Office and is referred
to the proper department. He said he would have no idea
how much such a room would be used. He asked if the
library would not set aside a room.
Mr. Brown explained that the library thought it
was a good idea, but the problem arose that there is
no room the library could close off to the public
The Chairman explained that the Town departments
are lacking sufficient space.
Mr. Sheldon asked if theoe wasn't a primary step
that might be taken to evaluate this . They ane not
sure how far this should go or how mutt it would be
used. He asked if it would be possible for the League
of Women Voters to begin to assemble the type of data
they refer to. There would be no room, but they would
99
II have the desired information, and if there is a demand
for the information, they would know how far to go
Mr. Page said the library is willing to put on
exhibits and a temporary exhibit might determine if
this type of information would be used.
Mr. Brown explained that the trustees did agree they
would not be opposed to displays of any kind with the
exception of political displays
Mr. Page asked if the Board had any specific sug-
gestions to improve ways of communications
The Chairman replied he felt the communications
lines are in good repair between TMMA and the Board of
Selectmen
The group retired at 8 55 P.M
Upon motion duly made and seconded, it was voted
to go into Executive Se sion for the purpose of discuss-
ing, deliberating, or voting on matters, 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 with Mr. Gray re insurance,
and a conference with Chief Rycroft,it was voted
to resume the open meeting.
The Chairman mentioned the articles in the warrant.
Upon motion duly made and seconded, it was voted Article
to include an article requesting an appropriation for
the purchase of a new fire engine
Mr. Cataldo wished to be recorded in opposition.
Upon motion duly made and seconded, it was voted
to sign the Warrant calling the Annual Election for Warrant
March 2, 1964, and the Town Meeting on March 16, 1964.
At 10 :20 P.M. , the Appropriation Committee met with
the Board.
Mr. Noyes, Chairman of the Committee, informed the
Board that due to a miscalculation, it would appear that
the tax rate will be increa ed by 2.45
The following budget reductions were recommended
and approved bythe Board of Selectmen Lowell Street
construction, 45, 000 eliminated; Library Capital Outlay,
10,000; Conservati n Commibsion, $15,000; Reserve Fund,
10,000, Recreation Committee, $10,000.
The Appropriation Committee and Mr Legro retired
at 11 15 P.M.
Upon motion duly made and seconded, it was voted Conserva-
1 II to rescind the vote of the Board recommending an appropri- tion Copt.
ation of $15,000 for the Conservation Commission and that
100 dad
an item of $100 be included for the Commission's expenses
in Article 4.
Upon motion duly made and seconded, it was voted
not to approve any change in the Evans ' plan whereby
Fire salary the maximum salary for firemen was established at $5810.00.
& hours It was also voted to approve a reduction in the work week
for the Fire Department to 50.4 hours and to approve a
total of five additional men
Upon motion duly made and seconded, it was voted to
Police establish $6,100.00 as the maximum salary for patrolmen
salary in the Police Department and also to approve $100 for
uniforms .
Tkie meeting adjourned at 11:30 P.M.
A true record, Attest:
' c/011 Cle , Select en
tf
1
10
SELECTMEN 'S MEETING
February 17, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, February 17, 1964, at 7:30 P.M. Chairman Cole,
Messrs Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr.Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public works,
and Miss Murray, Executive Clerk, were also present.
Mr. James J. Carroll, Town Clerk, met with the Jurors
Board for the drawing of four jurors. The following
individuals were drawn for jury duty: Richard S. Bailey,
15 Bryant Road, Carl Rodman, 29 Sanderson Road, Clarke A
Hamlet, 16 Bellflower Street, and Charles F. Hutchinson,
164 Spring Street.
Mr Carroll retired.
Mr. Legro said he had a tax title deed to Lot 7-A
off Pleasant Street and has made provisions that 'this
lot be combined with Lot 7. Tax title
Upon motion duly made and seconded, it was voted
to execute-deed conveying lot 7-A Pleasant Street to
Alvin Y.Morrison, 104 Pleasant Street.
Applicationfor retirement was received from
Benedict J. Belcastro, Chief Engineer, Lexington Fire
Department . The Board had also received, January 13,
1964, a letter from the Fire Commissioners advising
that Chief Engineer Belcastro had requested retirement
effective June 1, 1964.
Mr. Gray said he had checked this with the State
and inasmuch as Belcastro has selected Option One, the
State Retirement Board is not involved. He said he Retirement
would discuss one question in connection with the re-
quest for retirement with Town Counsel
The Chairman read a letter from the State Depart-
ment of Public Works relative to an investigation of Traffic
Stop signs at four intersections requested by Mr. Carroll.
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Orders by addingto
Article VIII, Section 11, ( Isolated Stop Signs ) the
following:
North and southbound drivers cn Worthen
Road at Massachusetts Avenue.
Southeast bound drivers on Worthen Road
at Waltham Street.
CT
Mr. Carroll said the Traffic Study Committee re-
commends removal of the signs at Lincoln Street and
, Traffic Baskin Road which were placed on a temporary basis and
are not approved by the State
Upon motion duly made and seconded, it was voted
to follow the recommendation of the Committee and have
the signs taken down.
The Chairman read a letter fromMr. Richard S.
Townsend, 7 Nowers Road, relative todisplaying the
Flags flags in the Center on Washington's Birthday.
Mr. Carroll explained that Mr. Maze all does not
know of any occasion during the past ten years when
the flags have been flown on Washington's Birthday.
He said it was decided at one time not to include
Washington's Birthday in the list of days when the
flags would be displayed because the pole holes are
usually filled with ice He said many years it is
impossible to even locate the holes
It was agreed to have the flags put out on Washing-
ton's Birthday providing the street is free from snow
and the holes are not filled with ice.
A form letter was received from the State Department
of Public Works relative to a hearing on waterways pro-
jects to be held March 12, 1964.
Mr. Carroll said he had intended to call a repre-
sentative to find out where the Town now stood. He said
the Department has done nothing about the Town's request
to have Kiln Brook dredged and it is imperative to the
proper operation of the sanitary land fill, which will be
much more difficult to operate if the brook is not cleaned
out. He said he thought the Board should contact the
Representatives and be present at the hearing
Mr Brown reported that he attended the hearing last
year and thought it had been made very clear to the State
Department of Public Works that this was important to the
dump site
Mr. Carroll reported that Representative Brox has done
a good job on this and was assured by the former Comm issioner
of Public Works that the work would be done .
The Chairman requested Mr. Gray to work with Mr. Carroll
on this and keep the Board informed.
The Chairman read a letter from the Board of Fire Com-
missioners advising that the State Inspector has condemned
all three air tanks at Cary Hall, and it will be necessary
to add $2,000 to the expense budget for the replacement of
the tanks
I
193
Mr &ieldon reported that he had asked if this was
something that could be deferred, and, according to the
conversation between Commissioner Fitzgerald and the
Inspector, the inference was that the tanks should be
replaced.
Mr . Cataldo said he thou&ht the Board had given the
Commissioners notice not to put the compressor in until
a discussion was held between the two Boards about the
complete system. They put the compressor in. He said
he wanted an answer whether they could hook onto the
Civil Defense or not before they went ahead
Mr . Gray stated that a report had been received from
the Civil Defense Director as to that it would cost to put
a coder on the new warning system which will be located in
the Fire headquarters .
Mr. Burnell said if they tie in with the Civil Defense
it might be possible that it would not be necessary to ap-
propriate any money.
Mr . Gray said he would check what it will cost to Code
the new warning system.
The Chairman said if the tanks are condemned, it knocks
out the system.
Mr. Burnell said he did not think the Board should vote
on this without obtaining more facts .
Mr. Cataldo asked if the Board had a letter from the
State Inspector.
The Cnairman replied that the Board has a letter from
the Fire Commissioners .
Mr . Cataldo said he would like a copy of the letter
from the State Inspector and then determine whether the
system is needed or not .
Mr. Burnell said it was his understanding that the
Board was not going to spend any money on this old system
until it was determined whether or not the Civil Defense
system could be tied in.
The Chairman asked Mr. Gray to follow this through
with the Fire Commissioners.
Mr. Sheldon suggested that Mr. Gray find out if there
is any legal requirement in regard to maintaining the
system.
The Chairman read a letter from Alan L. Emery, fire-
man, requesting an appointment with the Board to discuss
the difficulty he is having in finding a home in Lexington
Mr . Sheldon advised that the Board should not handle
this unless it knows what the Fire Commissioners have done .
He explained the Commissioners are trying to enforce a re-
quirement that the men live in town He said the problem
is if the Board starts granting exceptions, then it will
be granting more.
It04
Cr
Mr. Cataldo stated that, in reading the Commissioners '
minutes, all members of the department are being compelled
to live in town by 1966 .
Mr.Burnell said the Selectmen appoint the Commissioners
to run the Fire Department and unless there is something
very completely wrong, the Selectmen should leave it up
to the Commissioners to run the department, and he did nit
think the Selectmen should interfere.
Mr. Sheldon reported that this particular man is now
living in town and wants to move out.
Mr. Cataldo said his only question is, should the
Board extend him the courtesy of coming in to see the
Board.
Mr Sheldon said he would not want to until the
Board has talked to the Commissioners .
Mr. Burnell said, because of the requ st, he would
want a report from the Commissioners and he objected to
this because he does not want the Selectmen to get in the
way of the department heads and appointed commissions .
Mr Sheldon suggested that the Board request an opinion
from the Commissioners as to why Mr. Emery's request was
denied. He said he did not think the Selectmen should
meet with him until it has had a full report from the Com-
missioners.
Mr. Cataldo said he agreed that the Board should
have a report, but he felt he should be extended the
courtesy of meeting with the Board.
The Chairman suggested that Mr Emery see Mr Gray,
present his case, and then 4r. Gray could present it to
the Board.
Mr. Sheldon said Mr. Gray should discuss t.iis with
the Fire Commissioners .
Mr. Burnell said he thought all these things should
be screened through Mr. Gray before they come to the Board.
The Chairman read a letter from Robert Jeremiah,
Wire Inspector, relative to his vacation and substitute.
Upon motion duly made and seconded, it was voted
Inspector to appoint Mr C. Waldo MacWilliams, Inspector from
Concord, as substitute inspector in Lexington for a
three week period commending March 5, 1964; Mr. MacWilliams
to be reimbursed by Mr. Jeremiah.
Letter was received from Dr. Arthur I Breen, Belmont,
on behalf of the Knights of Pythias, requesting permission
to conduct a Kiddie Kamp Tag day on March 27 and 28.
Tag Day Due to the fact that residents were subjected to
denied numerous such drives, the Board established a policy of
limiting permits to one or two national organizations ,
and it was voted to deny Dr Breen' s request .
105
IILetter was received from Mrs David A. Somers, on
behalf of the Women's American Ort, requesting permission
to park a vehicle in the Center on Friday for the purpose
of publicizing a play and also requesting permission to Parking
sell tickets vehicle
Mr . Sheldon said the Board should examine what type denied
of a precedent might be established.
Mr. Cataldo stated he would have no objection to
the advertising, but would be opposed to selling tickets
Mr. Burnell said he was opposed to anytning such as
this in the center.
The Chairman pointed out that numerous organizations
and groups in Lexington with similar programs might, if
this is granted, submit the same request .
Upon motion duly made and seconded, it was voted
to deny both requests
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Civil Rights Com- Use of hal
mittee to conduct a meeting in Estabrook Hall on February 21,
1964, from 8 :00 P.M. until 11:00 P.M. , free of charge
subject to payment of janitor 's fees for overtime services.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on February 10, 1964.
Mr Carroll reported that last Thursday, he and
Mr. Gray represented the Board at the MDC hearing upon
application of the City of Leominster for permission Hearing
to connect to the MDC water system He stated the
general feeling was that this would not materially
affect the supply of water to the greater Boston area
of the MDC as a whole . He said he believed, after he
left, the Commissioners did vote to permit Leominster
to come into the system
The Chairman read a letter from the Mystic Valley
Gas Company requesting permission to locate a 2" welded
steel gas main in Cummings Avenue to service house #10. Gas main
Upon motion duly made End seconded, it was voted
to grant the request, the proposed location having been
approved by Mr. Carroll
Upon motion duly made and seconded, it was voted
to grant an Auctioneer 's license to Allen M. Mintz, License
51 Blake Road, satisfactory character reference having
been received from Chief Rycroft
Mr. Norman Newlands, 49 Grandview Avenue, met with
the Bo
and relative to a sewer betterment assessment
Fay;
levied against land owned by him
Mr. Newlands explained that he lives on Grandview
Avenue at the end of Estabrook Road . A sewer line
was put in Estabrook Ropd and stopped at the center of the
two streets and he received an assessment of $645.12
He stated that he does not feel he should be charged
Sewer because no pipe was placed in front of his land and no
betterment work was done in front of his land
assessment Mr. Carroll presented a plan and indicated the lot
about which Mr. Newlands was talking and also pointed
out the location of the sewer .
Mr. Cataldo asked if there was a house there now,
and Mr. Carroll replied in the affirmative
Mr . Newlands said if and when he connects to the
sewer, he said he would pay, but he does not think he
should pay now.
Mr. Carroll explained that if the Betterment is
abated now, a connection charge would be made in lieu
of betterments when the property is connected and it
would have to be paid in full.
Mr. Cataldo asked if Mr. Newlands understood he
could connect to the sewer now, and he rep ied in the
affirmative .
The Chairman said the Board would take the matter
under advisement and let him know.
Mr. Newlands retired at 8 :20 P.M.
Mr . Carroll said he would like to look at the order
of construction and see how it was written.
Mr. Legro said he could not see that it would make
any difference.
Mr. Cataldo said he thought the betterment assess-
ment should remain.
Mr. Legro advised that if Mr. Newlands can connect
to the sewer, the land has been bettered.
Upon motion duly made and seconded, it was voted
to deny Mr. Newland ' s request for abatement of the sewer
assessment in the amount of $645 12 levied against land
owned by him and located on Grandview Avenue
Upon motion duly made and seconded, it wa voted
to go into Executive Session for thepurpose of discuss-
ing, deliberating, or voting on matters, 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 relative to the garbage bids,
matters pertaining to theLaw Department budget, Planning
Board budget, voting machines, and the property at 334
Woburn Street, the meeting adjourned at 9:20 P.M.
A true record, Attest:
ec tive/Cler , Sele men
7
SELECTMEN'S MEETING
February196
24, 4
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, February 24, 1964, at 7 :15 P.M. Chairman Cole,
Messrs. Brown, Burnell, 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
The meeting was called for 7 :15 P.M. by the Chair-
man of the Appropriation Committee in compliance with
Article XIII, Section 2 of the General By-Laws . Members
of the School committee, Standing School Building Com-
mittee, Board of Assessors and Cemetery Commissioners By-Law
were present. meeting
Mr. Noyes, Chairman of the Appropriation Committee,
expressed the view of his committee with reference to
articles pertaining toschools and advised that at the
moment, it appears the tax rate will be $40.80
Following an informal discussicn, the group re-
tired at 7:50 P.M.
Mr. Carroll reported that a layout has been made
of the proposed traffic light installation at Worthen
Road and Bedford Street . He also had an estimate made
for the cost of installing the lights the way the State Traffic
dictates they must be installed, the estimate being lights
$7500. He said he indluded an item of $6,000 for lights Worthen
at Lexin ton Center and there was some question on these. Road &
The Traffic Study Committee feels they should be in- Bedford
stalled at Worthen Road and Bedford Street Street
Mr . Burnell explained that for $7500, the Town will
receive traffic control at Worthen Road and Bedford Street,
but not pedestrian control, which will cost $2,000 later
on.
Mr. Gray explained that the $7500 provides for a
signal all set for pedestrian control.
Upon motion duly made and seconded, it was voted
to increase the Traffic Control budget by $1500, as re-
commended by Mr. Carroll
Mr . Carroll explained the necessary measures to be
taken in connection with the construction of Massachusetts Mass. Ave
Avenue. He reported that the State has informed the construe-
County that Massachusetts Avenue ,s top priority, but, tion
1 U s •,
c°
butwhen he checked, he learned that nothing has been done .
He suggested that the Board write or telephone the County
Commissioners and ask them to exert pressure on their own
• force and see that the work is done .
Mr. Cataldo said he would discuss the subject with
John Dever, County Commissioner.
The Chairman said he would also write a letter.
Mr . Carroll reported that up to the present time,
Snow he has, as near as he can determine, spent $46,431.49,
removal not including labor, on snow removal. He pointed out
that even if there are no more snowstorms, this does
not leave but very little money to spend from now until
December 31, and he recommended increasing the appropri-
ation to the original figure of $75,000.
Mr. Brown asked if $13, 500 would carry him through
and then if it becomes necessary to request an additional
appropriation, it can be done at a Special Town Meeting.
Mr. Carroll said if it is necessary to have money,
he would prefer to ask for it at the Annual Town Meeting.
He suggested waiting another week or two before taking
any action.
Mr . Carroll presented a plan of a cross section of
Worthen Road between Bedford Street and Massachusetts
Avenue . He reported that people are beginning to build
along Worthen Road and are asking about curbing and side-
walks. He said he would like the Board to adopt the
cross section and would also like tosee granite curbing
Worthen on thFt section of the road
Road The Board agreed that curbing shoiid be installed.
Mr. Brown suggested that the Planning Board take
installation of curbing into consideration.
Upon motion duly made and seconded, it was voted
to adopt the cross section as shown and explained by
Mr. Carroll.
The Chairman, referring to item #9 on the agenda, said
he spoke to Mr . Carroll earlier in the week about plowing
Plowing Turning Mill Road and he wa willing provided the Board
Turning so instructed him. He reported that he had received
Mill Road telephone calls from the people up there requesting that
the street be plowed
Mr. Carroll presented a plan, which he explained
was the same one ha had presented two weeks ago and
indicated the sidewalk involved.
Mr. C2taldo pointed out that there are other
areas in town hwere the children have to walk to school.
Mr . Burnell said he thought the Board would have
to renew its policy.
109
Mr. Cataldo called the Board 's attention to Taft
Avenue where about 300 houses empty onto Massachusetts
Avenue and the school buses do not go up there .
Mr . Carroll said if the Board so instructed him,
he would plow Turning Mill Road , but hefblt it is now
an emotional problem, and said there is very little
traffic out of this ar a.
The Chairman suggested referring the problem to
the Traffic Study Committee.
Mr . Carroll said he did not believe plowing this
road would eliminate school buses .
Mr. Brown suggested that Mr. Carroll find out
how many hmmmm there are on Turning Mill Road.
Mr. Gray said he thought , after Town Meeting is
over, the Board would have to come to some concrete
decision on plowing sidewalks
Mr. Brown suggested that the people be notified
that the Board will take the matter of plowing all side-
walks in Town under consideration.
The Chairman asked Mr . Carroll to get the number
of miles of sidewalks involved and the cost of plowing
them in an average storm.
Mr. Carroll pointed out that the cost involved is
purchasing another sidewalk tractor .
Petition was received from the Boston Edison Com-
pany for location of three poles on Wood Street . Pole
Mr. Carroll reported there is some question about location
one of the poles and Mr . Higgins suggested that it be
moved closer to the road . He said he would follow
through on the request .
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the follow-
ing j/o pole locaton, approved by Mr. Carroll :
Grant Street, northwesterly side, northeasterly from
a point approximately 82 feet northeast of Massa-
chusetts Avenue, --
Three (3) roles.
Mr. Carroll referred to Route 2 and said he had
a couple of meetings with the State and they are working
up some estimates of costs of utilities that he thought
the Town should put in with the rebuilding of Route 2. Route 2
He said the Board would have to write a letter requesting
anything it wants to have done or anything it does not
like about the plans.
I
110 at
i
He called the Board 's attention to the fact that
there is some question as to the adequacy of the culvert
sizes that are being put under Route 2 and he feels they
should be larger. He stated he would put this in a
letter form for the Board' s signature
He referred to the Wellington Lane connector and
said the State is providing access to the houses on
Wellington Lane through*Blossomcest _Road. He has already
asked the State to build Blossomcrest Road and it has been
agreed. He asked them to rebuild a section of Blossom
Street to the Wellington Lane connector and the State will
consider it if fhb Board requests it .
The Board felt it should be built and that the State
should be so requested.
Mr. Carroll pointed out a connection which he feels
is poorly designed and stated that it is his opinion the
house, which he indicated on the plan, should be moved.
The Board also agreed to this .
Mr. Carroll said he has asked the State to build
the roads to Town specifications . It will build Blossom-
crest Road to his requirements, but it does not plan to
build the Wellington Lane connector according to Town
specifications . He said he felt it should be, with a
closed drainage system and raised shoulders on either side
The Board agreed to request this also.
Mr. Carroll recommended the installation of water mains
which he explained would be in the best interest of the Town.
Mr. Carroll referred to Spring Street, and said he would
like to have the water main in the road that is to be a Town
road, and he would also like a 12" main the entire length,
at an estimated cost of $3,000 to the Town. He said he
would like to come back to the Board with how much money he
wants for water and sewer and would write a letter for the
Board 's signature on the major items .
Upon motion duly made and seconded, it was voted to
grant permission to the Stanley Hill Post, American Legion,
,April 20 to operate a refreshment booth at the corner of Meriam
booth Street and Massachusetts Avenue on Monday, April 20,
Upon motion duly made and seconded, it was voted
Paper Drive to grant permission to the Church of Our Redeemer to con-
duct a paper drive on Sunday, April 12, 1964
Upon motion duly made and seconded, it was voted
to grant request received from the Greek Orthodox Church
ITen Mile of Cambridge, for permission to hold its Fourth Annual
Race Ten Mile Race on Saturday, March 14, 1964, beginning at
the Captain Parker statue at 1:00 P.M. , to Arlington
Blossom Street and through
Upon motion duly made and seconded, it was voted
tto
o6approve the minutes of the meeting held on February 17, Minutes
At 8:30 P.M , Officer Allen M. McSherry, Jr. , his
attorney, Paul J Cronin and attorney Edward M. Viola,
Chief John W. Rycroft , Lieutenant James F. Corr, Jr. ,
Lieutenant Paul E. Furdon, Sergeant Edmund B. Morelli,
Sergeant William G. Dooley, Mrs Mildred E. Whitney, Executive
Stenographer, met with the Borrd Session
The Chairman said, there having been no request
in this matter, he would entertain a motion to go into
Executive Session.
Deputy Chief Benedict J Belcastro ' s request for
retirement was held over from the last meetin,. Belcastro
Upon motion duly made and seconded, it was voted retirement
to retire Chief Engineer Benedict J. Belcastro at 65%
of his last annual salary, effective June 1, 1964
(The percentage submitted to the Board by Mr .Gray.)
Letter from the Fire Commissioners requesting an
additional $2,000 in the 1964 budget for replacement Air tanks
of the air tanks at Cary Memorial Building was held at Cary
over.
Mr. Gray read a report, (the original of which is
attached to the Commissioners ' request) , and recommended
a joint meeting with the Fire Commissioners and Civil
Defense Director.
Letter fromMr. Samuel P. Snow, pertaining to a
sketch and proposed recreational scheme for the Center Mr. Snow
playground was noted and placed on file.
Upon motion duly made and seconded, it was voted
to certify the character of S. G. Stinson, 26 Marrett Cert. of
Road, who has applied for a Certificate of Incorporation Inc.
satisfactory references having been received from the
Chief of Police.
Letter from Alden W. Jefts, Chairman of the Lex-
ington Science and Engineering Scholarship Fund Committee,
was noted and placed on file. Fund
Mr. Brown advised that he had tickets to the dinner dinner
to be held in Cary Memorial Hall on March 12, 1964 at
$10 per person.
Upon motion duly made and seconded, it was voted
to grant the request of the League of Women Voters for Use of
permission to use Estabrook Hall on April 8, free of hall
w
1.1 2 4,;
Cr
charge, subject to a fee of $3.46 per hour for janitor 's
overtime services
Upon motion duly made and seconded, it was voted
to grant the request of Premiere Performance Company
Use of for permission to use Estabrook Hall on March 28, free
hall of charge, subject to the fee of $3.46 per hour for
janitor 's overtime services
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters , which, if made public ,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following discussion relative to employment of a
custodian to replace Mr. Rochette, who retired, men
working overtime during snow removal operations, it was
voted to resume the open meeting.
The Chairman read a letter from Miss Edna G. Sanford,
School Adjustment Counselor, applying for financial as-
sistance through the Bridge Charitable Fund for Mrs . John W.
Trust Guppy, 1 Revolutionary Road.
Fund Upon motion duly made and seconded, it was voted
to forward the request to the Trustees of Public Trusts
with a recommendation that favorable action be taken
on the request for assistance.
Mr. Allen L. Emery's letter in regard to a request
to the Fire Commissioners to move out of Town, was held
over.
Mr. Gray read a report, the original of which is
attached to Mr. Emery's letter.
Upon motion duly made and seconded, it was voted
to take no action, it being the opinion of the Board
that this particular matter is one to be settled between
Mr. Emery and the Board of Fire Commissioners.
The meeting adjourned at 11:55 P.M.
A true record, Attest :
41 /
eC 1ve Ale r1 , SelecT jlen
/11).
I
YID
SELECTMEN 'S MEETING
March 2, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, March 2, 1961 , at 7 :30 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present .
Mr. James J. Carroll, Town Clerz, met with the
Board for the drawing of five jurors . The following
individuals were drawn for jury duty: Malcolm S. Sawyer,
26 Red Coat Lane; Cyril J. Brown, 99 Gleason Road ; Jurors
Herbert A. Wilson, 30 Coolidge Avenue ; Gustave J. Rath,
6 Dexter Road, and F. Robert Drury, 9 Bates Road .
Mr. Carroll retired
The Chairman read a letter from Mr. Carroll, Town
Treasurer, relative to a proposed Blue Cross-Blue Shield
agreement to become effective April 1, 1961.E if approved' Blue Cross by the Board.
No action was taken relative to approval and Mr.
Gray was requested to obtain more information including
how much the proposed change will add to the insurance
bill.
Mr. John Carroll reported a balance of $12,000 in
the Snow Removal budget, not including labor, and stated
he did not think this would carry through the remainder Snow
of the year. removal
Mr. Sheldon felt that two weeks from now, the Board
would be in a better position to make a decision.
Mr . Carroll explained that, assuming there are no
more snowstorms, he has to purchase salt for next fall,
and repair equipment during the summer.
Mr. Sheldon said he understood the $12,000 would
be adequate for the fall, but Mr. Carvoll said he was
discussing the time between now and December 31.
Mr. Cataldo asked how much money Mr. Carroll felt
he should have in the budget as of May 1, and Mr. Carroll
replied at least $20,000.
It was agreed to wait for two weeks before making
a decision.
1Mr. Carroll reported on an inspection he made of
equipment at Fort Devens that can be purchased through
Civil Defense. Equipment
114
Upon motion duly made and seconded, it was voted '
to authorize an expenditure not exceeding $x.53.00 for
the purchase of equipment through the Civil Defense
Department to be used by the Public Works Department .
Mr. Carroll presented a plan of a drainage ease-
ment on Lowell Street to Briarwood Road and reported
Drainage that a location had been worked out. He said the
easement property owners involved have been contacted and
although no one is going to give anything, they do not
object
Upon motion duly made and seconded, it was voted
to make a tdiing as recommended by Mr. Carroll.
The Chairman read a letter from Duval Sheet Metal
Works, Inc. , 3 Bow Street, claiming damages to a wired
Claim for fence caused by a sidewalk plow.
damages Mr. Carroll reported that he had issued a work
order and the fence may have already been repaired.
The Chairman read a letter from Harry C. and
Catherine King, 6 Scotland Road, requesting financial
restitution for a sewer easement.
Mr. Carroll presented a plan showing the taking
between Scotland and Blodgett Roads, and mentioned
Claim that the Board had settled with the Kirlins . He has
requested an appraisal but has not received it and
said he would, with the Board 's permission, obtain an
appraisal and, working with Town Counsel, make an offer.
Letter was; received from Benjamin M. Eisenstadt, 62
Harding Road, complaining about the Town's system of
Complaint water billing.
Mr. Carroll reported that the office records indi-
cate a bill was sent out to Mr. Eisenstadt.
The Chairman suggested that Mr. Carroll draft a
letter in reply
Upon motion duly made and seconded,it was voted
to petition the Department of Public Works, Division of
Kiln Brook Waterways, to have Kiln Brook deepened and widened.
A hearing will be held by the Department of Public
Works on Thursday, March 12, 1964, at 10 :30 A.M.
Pole Boston Edison petition for pole locations on Wood
location Street was held over again at Mr.Carroll 's request.
I
11 5
Upon motion duly made and seconded, it was voted
to grant petition and sign an order for the following
j/o pole location:
Ames Avenue, northerly side, easterly from a point ap-
proximately 118 feet east of CarVille Avenue, --
Four poles. (Four existing j/o poles to be re-
moved. )
The Chairman read a letter from Porter & Desmond
for permission to move a house from Pilgrim Road, Arl- Permit to
ington, to 398 Concord Avenue. move
The Chairman referred the request to Mr. Carroll building
to work out the details with Chief Rycroft
The Chairman read a letter from Milton F. Hodgdon
advising that he has terminated his association with
the MacNeil Insurance Agency and re-established his own Insurance
insurance agency at 7 Depot Square. He requested
that his name be re-entered on the list of those re-
ceiving commissions for the Town insurance business.
It was agreed to advise Mr. Hodgdon thct his name
will be considered next year.
The Chairman read a notice pertaining to House Bill
1282 to be heard by the Committee on Harbors and Public
Lands for increasing the amount of money which the Com- H-1282
monwealth may borrow to meet non-federal cost of flood
prevention and related purposes
The Chairman suggested that the Board send a letter
recording the Town as being in favor of the proposed bill.
Warrant was received from the Middlesex County Com-
missioners in the amount of $3,433.92, payable on or
before April 1, 1964, as the Town's assessment for the Assessment
maintenance, operation and repair to the Middlesex
County Sanatorium for the year 1963.
The Chairman read a letter from Helen B. Welsh,
22 Woodcliffe Road, complaining about cars being parked
on the street all night . Complaint
Mr. Carroll reported that during the last storm, he
checked and there was no car parked at #23 Woodcliffe
Road .
The Chairman said he would reply to Mrs. Welsh's
complaint.
Upon motion duly made and seconded, it was voted
to advise the following groups that the Board has no
116
01
objection to the location of booths on April 20: 11April 20
Lexington Lodge, Order of Sons of Italy 1833 Mass. Avenue
Battle Green Chapter DeMolay Masonic Temple
Cnurch of Our Redeemer 1888 Mass. Avenue
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Youth BaseballLeague
Use of hall to hold a meeting in Estabrook Hall on March 3, 1964,
free of charge, but subject to janitor 's overtime services
of $3.46 an hour
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver license to Edward F. Phelan,
6 Aerial Street, satisfactory reference having been
received from the Chief of Police.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver license to William J. Young,
1162 Massachusetts Avenue, subject to satisfactory
references being received from the Chief of Police.
The Chairman read a letter from the Lexington
Conservation Commission calling the Board's attention
to the great potential use to Lexington of Mt . Tabor
Mt. Tabor Road, and requesting the Town retain its rights in
Road this area, if, because of Route 2 construction or
any other cause, abandonment or reconstruction of this
road is contemplated.
Mr. Carroll reported this is a public way and he
thought paved by the Town of Lincoln
It was agreed to acknowledge the letter and advise
that the Town Engineer will watch out for the Town's
interest
Upon motion duly made and seconded, it was voted
Report to sign the 1963 Selectmen's Annual Town Report .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on February 24, 1964, as amended.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters, which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion relative tothe garbage con-
tract, it was voted to resume the open meeting.
i ] 7
Letter was received from Mr. R. G. Hargrove , Chair-
man of the Standing School Building Committee, proposing
the following individuals to fill vacancies on that Com-
mittee : Mrs . C. N. Touart, Kenneth Fox, Irving H. Mabee,
Appeals
Chairman read a letter from the Board of
advising that it is being taken to court by the people who
objected to the permission given the Corazzini Brothers Board of
to build a nursing home on Blossom Street. Appeals
Upon motion duly made and seconded, it was voted
to request Mr.Legro, Town Counsel, to represent the
Board of Appeals in the case of the Corazzini Brothers '
nursing home.
Chairman Fitzgerald, Messrs. Whitney and Robbins
of the Board of Fire Commissioners, Mr. Burrell, Director
of Civil Defense, met with the Board. Air Tanks,
The Chairman stated that the meeting was in regard Cary Bldg.
to the air tanks at Cary Building, which, as all present
know, were dondemned by the State Inspector .
Mr. Fitzgerald said it was a verbal condemnation
and the Commissioners have received nothing in writing.
The Chairman asked if, under the new warning system,
they IIould be tied in with that system.
' Mr. Burrell replied they could if it were set up
that way.
The Chairman said the control would be in the Fire
Station anyway, and Mr. Sheldon said he understood it
would be under Civil Defense.
Mr. Burrell explained that his installation is
for two controls, one at the Fire Station and one down
here.
The Chairman said the responsibility is the Civil
Defense 's, and Mr . Burrell rpplied that it is delegated
to the Fire Department.
The Chairman said if this can be transmitted from
the Fire Station through the Civil Defense warning, per-
haps it would not be wise to do anything about these
tanks.
Mr. Fitzgerald said they have not discussed this
as a Board and have not arrived at any decision. They
have been waiting for a letter from the Inspector. In
his opinion, he thought before any decision is made, the
Commissioners should sit down with Mr .Burrell and discuss
what can be done with the system he intends to install.
Mr. Gray read a letter received last August from
Mr . Burrell.
Mr. Sheldon asked if the expense of modifying the
system would be charged to Civil Defense, and Mr. Burrell
II
replied in the negative. He said this would not be an
1. 18
CI
accepted item as far as the Federal Government is con-
corned.
Mr.Brown asked if any future maintenance of the
system as such would be eligible for matching funds, and
Mr. Burrell replied that the maintenance of the system
itself would be eligible for matching funds.
Mr. Sheldon asked if the Board had to take any
action now in relation to the forthcoming Town Meetings
Mr. Fitzgerald said he believed there would be a
six month's temporary license permit granted, and he
thought the insurance agent was going to approve the
six months ' permit.
Mr. Brown asked who the inspector represented, and
Mr. Fitzgerald replied that the inspector originally here
was from the insurance company and the tanks were con-
demned by the insurance company.
The Chairman summed the discussion up and stated
that no funds would be spent at this time on the system
at Cary Building and the Selectmen further investigate
the possibility of using the Civil Defense system with
a coding device. He said at the present time, the
Selectmen are leaning very strongly in favor of every-
thing tying in with the Civil Defense warning system
The Fire Commissioners and Mr. Burrell retired at 9*07 P.M.
Mr.Colby Kelly and Mr. Richard Sparrow, of the
Recreation Committee, met with the Board.
Mr. Kelly said he would like the Board to reconsider
its decision to cut the budget and went over it at some
length. He said he would rather not request a meeting
with the Appropriation Committee if the Board of Selectmen
does not reconsider.
The Chairman said the Board would make a decision
this evening and let Mr. Kelly know.
Messrs. Kelly and Sparrow retired.
Mr. Gray pointed out to the Board that the night
the Appropriation Committee came down and discussed the
$100,000 reduction, the Selectmen went along with the
Conservation Commission and Lowell Street deductions,
but did not actually vote on the Recreation Committee
reduction.
The Chairman polled the Boa d and all members were
in favor of recommending an appropriation of $20,000
as requested by the Recrebtion Committee.
Mr. Gray said about three weeks ago, he presented
a report to the Board in regard to the Workmen's Com-
pensation policy. Mr. Stolz called him today and if
the Board is interested, it should take some action.
He explained there would be no additional cost to the
1I9
Town, as this is a matter of the type of a program the
Board enters into. He stated that, with the Town's
experiences, the retrospective policy is the best type,
and it is his and Mr. Stolz ' recommendation that the
Board adopt this policy for the Town.
Upon motion duly made and seconded, it was voted
to adopt the retrospective policy as recommended.
Mr. Gray reported that Mr. Morey, of the board
of Retirement, called regarding a part-time girl for
that Board. Retirement
Mr. Sheldon explained thst until the funds have help
been appropriated by Town Meeting, no girl could be
hired, but interviews could be started
Mr. Gray said he would start advertising and in-
terviewing.
The Chairman requested Mr . Gray to advise Mr.
Morey that there are no available funds, but that ap-
plications will be processed.
Mr. Gray reported that he had received a letter
from Weiant Wathen-Dunn, on behalf of the Town Meet-
ing Members Association regarding arrangements for
the Annual Tour which will take place on Sunday,
March 8, at 2:30 P.M.
The Association requested: TMMA tour
1) Police escort.
2) Public address system to be loaned by Public Works
Department
3) Tour of Public Works Building, and Mr. Carroll to
discuss need for new equipment.
L ) Discuss ambulance and fire engine requests with
Mr. Fitzgerald.
5) View parcel of land in vicinity of Hartwell Avenue
and have Selectmen ask someone to explain.
The Board was in favor of co-operating and the
Chairman requested Mr. Gray to coordinate everything
with the department heads involved.
Mr. Cataldo said he thought someone should contact
Cabot, Cabot & Forbes in regard to the article in the
warrant . Mr. Gray agreed to make a call in the morning.
The meeting adjourned at 10:00 P.M.
A true record, Attest :
xeee Zva/Cle k, selen ; 5:4
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120
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u J
SELECTMEN'S MEETING
March 5, 1964
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Thursday, March 5, 1964, at 7:00 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr. Carroll, Superintendent of Public Works,
Mr. Gray, Executive Assistant, and Miss Murray, Execu-
tive Clerk, were also present. Mr.Legro arrived at
the meeting at 7:25 P.M.
The Sousa brothers, of Woburn, and their attorney,
Richard Johnson, 7 Winn Street, Woburn, met with the
Board.
The Chairman stated that the Board had received
a financial statement which seems to be more in order
than the previous ones . He asked if the Souses had,
Garbage at the present time, anyone under contract to accept
contract the garbage that would be collected.
Mr. Sousa replied in the affirmative and stated
that he has a Mr. Kennedy.
The Chairman asked for how long a period, and Mr.
Sousa replied for the term of the contract. He said
they could dump on his farm, and they intend to go back
in the pig business.
Mr. Carroll asked whenthey intended to go into
the pig business, and Mr.Souaa replied within six
months or a year.
Mr. Carroll asked if garbage has any food value
for the pigs, and if they could sell it . He asked if
Mr. Kennedy would pay for the garbage.
Mr. Sousa replied that he has not come to a con-
tract, but agreed to let him dump it on his farm.
Mr. Sheldon asked if Mr. Sousa would be paid a
sum of money.
Mr. Sousa replied that he hoped so but he has not
discussed a contract.
Mr. Carroll asked how they would dispose of the
garbage supposing Mr. Kennedy refused or if for some
other reason they could not dump on his farm
Mr. Sousa replied there are a number of other
piggeries .
Mr. Sheldon said he understood the desirability
of garbage fluctuates with the market and when the
market is down, it can't be given away. He said as
long as the market is good and this man accepts it,
there wou_d be no problem, but asked what would happen
121
when the market turns the other way and this man does
not want the garbage.
Mr. Sousa said he would have to get another farmer
willing to take it.
The Chairman asked what would happen to the garbage
if his possibility of disposing of it disappeared, and he
could not find womeone to take it.
Mr. Sousa replied that they would go back into the
pig business .
Mr.Sheldon said if Mr. Sousa was told on a certain
day this man does not want the garbage, he could not get
back into the business in two weeks .
Mr. Sousa steted there are always a few farmers who
will let him dump the garbage until they get the farm
going
Mr. Cataldo, referring to the farm the Souses now
own, asked if that is where they would go into the pig
business.
Mr Sousa replied in the negative and said he was
prohibited by a Supreme Court decision.
Mr. Cataldo asked if he was in a financial position
to start from scratch.
Mr, Sousa replied that he thought his family was .
He said, as far as the garbage from Lexington is concerned,
he could build a platform in a week and that would take
care of the garbage. All they would have to do would
be to buy pigs. He explained he could feed 300 or 400
pigs from a platform.
Mr . Carroll said he would like to discuss the subject
with the Board privately.
The Sousa brothers and Mr. Johnson left the meeting.
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 Executive
interest of the Town, or the reputation of any person. Session
Following a discussion with Mr . Legro, it was voted
to resume the open meeting.
The Sousa brothers and their attorney, Mr. Johnson,
returned to the meeting.
The Chairman said that Mr. Sousa had stated earlier
that he was not planning to dump any garbage at Hartwell
Avenue anddid not figure this in the bid. He said they
planned to dump the garbage on pig farms and asked if
they would voluntarily write a letter waiving that clause,
Mr. Legro said he thought the clause could be elimi-
nated by agreement before the bid is awarded.
1
g1
Mr. Johnson asked the Souses if they were willing
111
to have the la8t sentence of that paragraph taken out.
Mr. Sousa said supposing one of the trucks broke
down and they had to dump the garbage in an emergency.
Mr. Legro said the Board did not want even the
infrequent use of the dump site.
Mr. Sousa said it was stated in the contract and
Mr. Legro said that was right.
Mr. Sousa said he understood what the Board wanted
and would be willing to go along with what it wants. He
said he only figured on leaving one of the trucks there.
Mr. Legro explained that was not provided for in the
contract.
Mr. Carroll asked what the Sousas would do if this
clause was not in the a ntract and a truck broke down.
Mr. Sousa replied that he would have to take it down
to the piggery.
Mr. Legro said this would be taken into account in
the awarding of the bid If it is not figured in the bid,
the Board does not want the infrequent possibility that
it would be called upon.
Mr. Sousa asked how the Board would like it.
The Chairman replied the Board wants it out.
Mr. Legro explained that it might be out anyway, be-
cause it is subject to the Board of Health and the State
Board of Health.
The Chairman said the Board wanted to be fair.
Mr. Carroll asked if Mr. Sousa was sure he could
do this without getting into difficulty later on.
Mr. Sousa replied in the affirmative and said he
was not a believer in dumping garbage at a dump.
The Chairman said he was sure the attorneys had
a meeting of the minds, and if the Sousa brothers have
a meeting of the minds, it can be written up that way.
Mr.Legro said they would have an exchange of
correspondence that it would be deleted and then leave
it out of the contract.
The Chairman said if there were no further questions
and the Sousas wanted to wait outside for a few minutes,
the Board would discuss the subject
The Sousa brothers and Mr. Johnson left the meeting.
The Chairman asked if Mr . Carroll recommended award-
ing the contract under these conditions, and Mr. Carroll
replied in the affirmative.
Upon motion duly made and seconded, it was unani-
mously voted to award Sousa Brothers the contract for the
collection of garbage in Lexington for a three-year term
commencing May1, 1964 and ending April 30, 1967, at their
bid price of 54, 000 fromMay 1, 1964 to April 30 1965;
$57,000 from May 1, 1965 to April 30, 1966, and $59,900
from May 1, 1966 to April 30, 1967 .
The Sousa brothers and Mr. Johnson returned to
the meeting.
The Chairman reported that the Board had voted
unanimously to award the contract to them on a three-
year basis as bid subject to the correspondence being
successfully carried on between the two attorneys and
the contract being drawn up and signed.
Mr. Sousa asked if they could take it for two years
with an option to renegotiate .
The Chairman explained that the Board had voted to
award the contract for three years .
Mr. Carroll said whet the Souses were suggesting
would not be fair to the other bidders.
Mr. Sousa said he would go along with the three-year
contract .
The Chairman said he wanted to make certain the
Souses had no reservations and that there is no question
in their minds .
The Sousa brothers and Mr.Johnaon retired.
Mr. Gray referred to a letter received fromMr.
James J. Carroll relative to Blue Cross-Blue Shield
which was held over from last Monday 's meeting. He
reported that the proposed change would be a definite
advantage in that it is a better contract for the Town;
the rates less . Blue Cross
Mr. Sheldon asked about the Town's contribution. Blue Shield
Mr. Gray explained that the Town pays half and
the employee pays half . The new rates will be less with
improved benefits. He explained that if this is acted
upon now, it can be put into effect April 1.
Upon motion duly made and seconded, it was voted
to participate in the Blue Cross-Blue Shield additional
coverage - Inpatient Diagnostic Rider; $15.00 toward
ambulance charges to the hospital and $25.00 family
deductible.
Mr. Legro referred to the Lyon's property on Waltham
Street and reported that he has had some reservations Lyoh's
in mind with respect tothe property because of the property
question of access to the lot that Robert Lyon is retain- Waltham
ing, Lot B. The Town proposes to acquire Lot A, and Street
Mr. Mabee had some discussion about keeping open a
common boundary line so they would have access to Lot B.
They want an opening between the common boundary line and
thirty feet wide so they can get cars and other vehicles
in here
Mr. Legro said that Francis Smith, attorney for Lyon,
said very definitely they want a fifteen foot easement
124
and he first wanted it parallel to and adjacent to this
boundary line where they will have access. He has agreed
that it could be a floating easement to be where the Town
decides. Mr. Legro explained that a fifteen foot easement
means more than one third of the front half of the lot and
he felt the Town is paying a full price for the entire
parcel and it should not be subject to the loss of use
or subject to an easement .
Mr. Sheldon asked if there was some way this could
be handled without tying it up physically and asked if
there could be an access agreement without giving an ease-
ment.
Mr. Legro advised that would be just as undesirable
and would not be defined and subject to a Court 's decision.
Mr. Legro said his point is that so long as the Town uses
this, Lot A, it proposes toacquire as an off-street park-
ing area, no harm is really done because they only have
access over the same strip all the rest of the Town would
have access over.
Mr. Sheldon asked if the Town intends to leave it
open.
Mr. Legro said it may or may not. No one knows how
long this will be used as a parking area or what the situ-
ation will be ten or fifteen years from now. He said it
seems to him the Town would not want to tie up more than
one third of front area with an easement. He suggested
that the $52,500 is all out of proportion
Mr. Sheldon asked if there was a figure Mr. Legro
felt would be fair to the Town with an easement.
Mr. Legro said for a fair figure, the Town might
acquire a twenty-five foot strip for the Town 's use. He
reported that he discussed the problem with Mr. Mabee.
The meeting adjourned at 7:55 P.M.
A true record, Attest :
c iv ler , Selec meh
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AL 5
SELECTMEN'S MEETING
March 9, 1964
A regular meeting of theBoard of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, March 9, 1964, at 7 :30 P.M. Messrs. Cole,
Brown, Burnell, Cataldo anc Sheldon were present . Mr.
Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present
The meeting was called to order by the Executive
Clerk who stated that motions were in order for the
election of a Chairman.
Upon motion duly made and seconded, Mr. Lincoln P. Organiz-
Cole, Jr. , was nominated for Chairman. ation
Upon motion duly made and seconded, nominations
were declared closed.
The Clerk cast one ballot for Mr. Lincoln P. Cole,
Jr. , who was unanimously elected Chai*main of the Board
for the ensuing year
Mr. Carroll said the first item he wished to dis-
cuss was the policy the Board has already decided upon
to eliminate the Town's installing water and sewer Water &
services on private property. In this connection, Mr . Sewer
Carroll drafted a set of rules and regulations for the Services
operation of the Water Department or Water Division,
and Rules and Regulations for the nper.atibnn of the
Sewer Division. He presented each member of the Board
with a copy of the draft and suggested that it be dis-
cussed at the next Heard meeting. He asked if the Board
would decide on an effective date this evening.
Upon motion duly made and seconded, it was voted
not to accept any more applications for the installation
of water or sewer services on private property after
April 15, 1964.
Mr. Carroll referred to water billing and stated
that the Bo& d was interested in looking into the possi-
bility of having someone outside handle the water bills.
He reported that he and Mr Gray have been discussing
the subject with a representative of the Recording &
Statistical Co. An estimate of the cost, basically for
the initial setup is $1100. There will be a charge
of approximately 11700 or $1800 a year for twice a year
billing. He explained that for the year 1964, he would
e ,til
r-�
tr
have to pay $1100 for the setup, once and forever. Then
he would pay approximately $900 in August and $900 in
February of 1965.
Mr. Sheldon asked about the offsetting savings.
Mr. Carroll explained that he has one girl on
the billing full time and her salary is roughly $3600.
There is another girl in the department part time., He
is spending at least $5,000 a year and there are periods
of a slowdown because of the semiannual billing.
Mr. Gray said the proposal would release a girl and
a half. He also advised that the water department room
could be converted into a machine room and get the machine
out of the Accountant 's Office. He said if the Assessors
were in this building, their machines could be put in this
same room.
Mr. Sheldon asked where the funds would come from
and Mr. Carroll replied from the Water Maintenance budget
under Afticle 4.
Mr. Sheldon asked, in order to try this system out,
how long Mr. Carroll would have to obligate himself.
Mr. Carroll replied the first $2,000.
Mr. Cataldo said the Town could obligate itself to
the point where this concern is going to deliver the
bills. If it does not work out , no money will be paid.
Mr. Carroll said he could use the two girls, now in
the water billing department, in the Public Works Depart-
ment as there are things that should be done but there
has not been the time.
The Chairman asked if these two girls could be used
in other departments .
Mr. Carroll replied that Miss Richards would not
adjust at all and she might just retire, and he would
want to keep the other girl anyway.
The Chairman asked what this would do to Mr. Carroll's
budget, and he replied that it would increase it $2,000..
Mr. Sheldon said on the assumption one girl would
retire, no adjustment of the budget would be necessary
Mr. Carroll said he could not be sure that she could
not be sure that she would retire, and that she has been
an excellent employee.
Mr. Gray said one of the reasons this sytem of water
billing was looked into is the fact Mr. Carroll will have
to have additional help in his department . The answer
they came up with was to relieve a girl and a half from
the water billing and defer hiring additional help.
Mr. Carroll said he asked the representative if there
would be any problem in getting this for the July 1st bill-
ing, and he was assured there would be none
The Chairman said if the Board agrees to do this, it
would have to let the Appropriation Committee know and
increase the Water Maintenance budget by $2,000 .
1 F.
Upon motion duly made and seconded, it was voted
to increase the 'nater Maintenance budget $2,000 and to
enter into a contract with the Recording & Statistical
Co. for twice a year billing; the personnel involved in the
Water Department to be absorbed in other departments.
It was also agreed to advise the Appropriation Com-
mittee .
Mr. Carroll again brought up the subject of the Snow
Removal appropriation.
Mr. Brown reported that Mr. Noyes, Chairman of the
Appropriation Committee, advised that his committee would Snow
prefer to go along with the Balance of $12,000 and make Removal
a transfer later in the year if necessary.
The Board of Selectmen agreed to go along with the
$12,000 balance.
Petition was received from residents of that portion
of East Street extending from Lowell Street to the Lex-
ington-Woburn Line, with reference to a surface water
problem.
Mr. Carroll reported that there is a real problem in Drainage
the area, and he suggested that the drainage work on East
Street be extended this year to the affected area.
Mr. Sheldon asked how much of the $40,000 drainage
funds the Eat Street drainage would take, and Mr . Carroll
replied roughly $8,000. He said he would prefer to elimi-
nate some other area and finish East Street while he is at it
The Chairman asked if, in his best judgment , this
would be the thing to do, and Mr. Carroll replied in the
affirmative .
The Chairman read a letter from Roger W. Kaufman,
14 Larchmont Lane, suggesting that a Morgan Memorial depot
be established at the dump. Morgan
Mr. Sheldon explained that items taken to the dump Memorial
would have to be separated and this would take some policing. depot
He also pointed out this man was referring to individuals
dumping and asked about the contract collectors .
The Board w•�s in sympathy with the suggestion, but
due to the unfavorable aspects, it was voted not to enter
into such an arrangement.
Letter was received from Rudolph J. Fobert, Super-
intendent of Schools, advising that the School Committee School
has voted that the Moreland Avenue property be the site
of the next elementary school.
Letter was received from the Planning Board, to which
was attached a letter from the Planning Boad of the City
of Cambridge requesting support of House 1157, a bill
128
tz
calling for the extension of the Harvard Square Subway
to the Alewife Brook - Route 2 area.
Rapid The Planning Board is generally in favor of the ex-
Transit tension and urged that the Town support it.
Upon motion duly made and seconded, it was voted
to advise the State Representatives that the Board of
Selectmen is in favor of supporting this bill providing
no assessment is to be levied against the Town of Lex-
ington
The Chairman read a letter from the Concord Board
of Selectmen with reference to plans under way by the
State to move the Air National Guard Wing stationed at
Air Nat 'l. Logan International Airport to Hansoom Field.
Guard Wing The Concord Selectmen feel, in view of the fact
there are two excellent alternate sites, that Select-
men of surrounding towns should oppose the move by
notifying the State Representatives, as well as His
Excellency the Governor.
The Board concurred with the Concord Selectmen and
agreed to go on record as being opposed to location of
the Air National Guard Wing at Hanscom Field.
Letter was received from the Massachusetts Federation
of Taxpayers Associations suggesting caution inpurchasing
Voting voting machines in view of hopeful proppects in the field
machines of electronic data processing.
The Board felt that Lexington's position relative
to the acquisition of addit onal voting machines would
not be affected.
The Chairman read a letter, addressed to Mr. James
Carroll, Town Clerk, relative to the purchase of six
additional voting machines
Voting Mr. Sheldon recommended that the subject be placed
machines on the agenda for a Special Town Meeting which may be
heldin May
The Chairman reported thst Mr. Carroll had assured
him there would be no problems getting the machines.
The Chairman read a letter from Blair L. Perry,
11 Bellflower Street, asking for the details of the
election of four members of the Lexington Housing Authority.
The Chairman said he would reply to Mr. Perry
Upon request and recommendation of Mr . Arthur E.
Civil Burrell, it was voted to appoint Mr. Joel Resnick, 1
Defense Barberry Road, as assistant Radiological Defense Officer
in the Lexington Civil Defense Organization.
X29
The Chairman read a letter from Mr. Arthur E.
Burrell, requesting appointment of Mr Donald K. Irwin
as Shelter Officer. He also recommended that Mr. Irwin
be authorized to attend the Civil Defense Training
School in Brooklyn, New York, for the purpose of partici-
pating in a five-day course of training. The cost of Shelter
the course would be borne jointly by the Department of Officer
Civil Defense and the _Civil Defense Out of State Travel
budget .
The question as to who would substitute as Building
Inspector while Mr. Irwin was away came up and Mr. Gray
was requested to discuss this matter with Mr. Burrell.
Letter was received from Secretary of State, Kevin
H. White, calling attention to the State Census to be Census
taken during the year beginning on January 1, 1965.
Mr. Gray was requested to discuss this with Mr.
James J. Carroll, Clerk to the Board of Registrars .
Questionnaire was received from the Massachusetts
League of Cities and Towns, the purpose of which is to Question-
gauge the extent to which municipal officials believe naire
increased state financial assistance to cities and towns
was necessary and for what purposes.
Mr. Sheldon said, in connection with one question,
that he would be in favor of a limited sales tax.
Mr. Gray suggested that the Chairman write a letter
stating the oard's views rather than answer the specific
questions
Upon motion duly made and seconded, it was voted
to certify the characters of Stephen Tavilla, 17 Burroughs
Road, Joseph P. Tavilla, 8 Benjamin Road and Ernest B. Cert. of
Tavilla, 2 Blodgett Road, who have applied to the State Inc.
for a Certificate of Incorporation, satisfactory character
references having been received from the Chief of Police.
The Chairman read a letter from the Lexington Minute
Men reque3ting permission to locate a food booth somewhere
near Woburn Street .
Mr. John E. Ward was present and spoke on behalf of
the request. Booth
Upon motion duly made and seconded, it was voted
to authorize the Lexington Minute Men to locate a food
booth on Town property at the corner of Fletcher Avenue
and Woburn Street onMonday, April 20, 1964.
The Chairman read a letter from the Lexington Jaycees
requesting permission to erect a booth on the Library
driveway April 20, 1964. Booth
13 0
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The Board assumed that the Jaycees would like to use
the Douglass Funeral Home driveway, es in the past, and
if so, had no objection. If, however, they do mean the
library driveway, further consideration would have to be
given to the request
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on March 2, 1964.
Mr. Gray reported that Mr. Irwin, Building Inspector,
discussed elevator inspection procedure with him. There
are nineteen elevators in Town and the State law requires
annual inspections. The State will assume the responsi-
bility for inspection if the Board will submit a request
Elevator in writing to Mr. Frank Giles, Commissioner of Public
inspections Safety. It was Mr. Irwin 's recommendation that the State
be requested to take over the inspection duties . Mr. Gray
explained that there would be no expense involved.
Upon motion duly made and seconded, it was voted
to request the Commissioner of Public Safety to take
over the annual inspection of elevators in the Town.
Mr. Cataldo said he understood the League of Women
Voters is willing to take over any given project. He
suggested that the League or some organization obtain a '
Town map, the size of the one on the wall in the Select-
men 's room, and pinpoint every house and every business
in Town in three categories; those up to $20,000 assessment
in one color, $20,000 to $30,000 in another color and
$30,000 to $40,000 in another color, the business estab-
ilshments to be in a different color. He said this would
give the Board an idea of the value of properties involved
in the Route 3 taking.
Mr. Sheldon suggested presenting this to the League
as a project and ask a) if it would agree, and b) how it
would present it
Mr . Cataldo explained his reason for bringing the
subject up was for permission to approach the League of
Women Voters
Mrs. Yagoda, a representative from the League, was
present at the meeting and said she would present it to
the League and explain the project at its next meeting.
Mr. Cataldo asked if the League was looking for
projects, and Mrs. Yagoda replied that there is a long list
of projects they are working on and there may be someone
particularly interested in this .
The Chairman said he would write an official request
The Chairman called the Board's attention to a report
Report of the Lexington Executive Park Development Committee.
r0
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Upon motion dulymade and seconded, it was voted
P
to go into Executive Session for ,.he 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 discussion with Mr. George Regan, Captain
of the Auxiliary Fire Department , discussion with Mr.
Carroll re overtime pay for snow removal, and a communi-
cation from Miss Pearl Stearn, 46 Fletcher Avenue, it was
voted to resume the open meeting.
The Chairman read a letter from Mrs. Rich, Collector
of Taxes, with reference to a sewer betterment assessment
levied against property of William G. Young, Pleasant
Street .
Mr. Legro explained that in order to receive payment
from the Commonwealth in settlement of a claim for a
taking made, Mr. Young has to pay off the sewer better- Young
ment in full or obtain a partial release from the Town . sewer
He said it has been the practice of the Board to grant release
partial releases under such circumstances.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to prepare partial release to be
111 executed by the Board.
Mr . Legro suggested a meeting with Mr. Charles E.
Ferguson, Moderator, on Saturday morning at nine o?clock Meeting
to go over the motions for the Annual Town Meeting on
Monday, March 16.
The meeting adjourned at 10:45 P.M.
A true record, Attest:
c
c�itivfi/ Clerk, Sele en
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SELECTMEN'S MEETING
March 16, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, March 16, 1964, at 7 :00 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo andSheldon 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. Carroll reported that the Boston & Maine Rail-
road wants to close off the bridge on Maple Street
March 30 for a period of two or three weeks for the pur-
pose of making repairs. The detour will be over Massa-
chusetts Avenue, Woburn and Lowell Streets and he requested
permission to insert a notice in the paper alerting the
public and also to erect signs at the bridge advising
that it will be closed.
The Board had no objection.
Mr. Carroll said he would also like permission to
Water & insert a notice in thepaper with reference to the dis-
sewer continuance of installation of water and sewer services
services on private property by the Town, because the item in the
paper last week was not clear
The Board had no objection.
Mr. Carroll said that the most important item he had
was the garbage situation of which he thought everyone
Garbage was aware He reported that Sousa Bros. are unable to
contract obtain a bond
Following a discussion on the subject, it was agreed
to give the matter further consideration at the Board
meeting next Monday
The Chairman reported that the Recording & Statistical
Corporation hed made an error in calculating the cost of
processing the water bills, and explained that it will not
cost the Town any more money to continue with the billing
Water system it is presently using.
billing Upon motion duly made and seconded, it was voted
to rescind the vote of the Board on March 9, 1964 to
increase the Water Maintenance budget by $2,000 and to
enter into a contract with the Recording & Statistical
Co. for twice a yEar billing
x_33
The Chairman read a letter from Mrs. William
McLatchy, 197 East Street and one from Mr. Robert E. Drainage
Mitchell, 191 East Street, both in reference to a
drainage situation in the area
Mr. Carroll presented a plan and explained the
problem.
It was agreed to advise both individuals that the
drainage situation in the area is presently under study
by the Department of Public Works.
Letter was received from Salvatore Ferraguto, 145
Laconia Street, with reference to the condition of the
street and the drainage situation
It was agreed to advise Mr. Ferraguto that Laconia Laconia
Street is now a private street, and as such, the Town Street
does not have the authority to make any repairs and is
not under any obligation to do so . This is an abutters '
problem and the only solution is for the owners of the
ro to have
property y to petition the street accepted under
the Betterment Act.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the ordirs for the
following j/o pole locations :
Eastern Avenue, southerly side, approximately 95 feet
east of School Street, -- Pole lo-
One pole cations
(One existing j/o pole to be removed. )
Ea8tern Avenue, northerly side, approximately 306 feet
east of School Street, --
One pole
(One existing j/o pole to be removed. )
Manning Street, southeasterly side, approximately 282
feet northeast of Milk Street, --
One pole
(One existing j/o pole to be removed. )
Request was received from the Metropolitan Building
Movers Co. for permission to move a building over Pleasant
Street to Concord Avenue, on Concord Avenue to Chadbourne
Road, alternate route over Blossom Street to Waltham
Street to Concord Avenue to Chadbourne Road . Permit
Upon motion dulymade and seconded, it was voted
to grant the request subject to the details being worked
out with Mr. Carroll.
z
ad.
Letter was received from the Boston & Maine Rail-
road together with notice from the Department of Public
Hearing re Utilities in regard to a public hearing to be held on
passenger Thursday, April 9, 1964, at 10:00 A.M. , Room 166, State
trains to be Luse, upon petition of the railroad for approval of dis-
discontinued. continuance of passenger service
The Chairman said someone from the Board should attend.
Mr. Brown suggested a joint meeting with Bedford and
Arlington
The Chairman said he would send a letter to the Depart-
ment recording the Board 's opposition.
The Chairman read a letter from the Lexington Junior
Chamber of Commerce advising that the organization has
taken over the encouragement of necessary action toward
the end that the American flag, flying over the Battle
Green, be flown twenty-four hours each day. The Jaycees
are interested in obtaining the Town's official support
and endorsement.
Mr. Cataldo asked if the organization would assume
payment for lighting and maintenance, and Mr . Brown replied
that they will pay for the lighting.
Mr. Sheldon said he would like to have more infor-
mation as to whether tradition or law enters into this.
Mr. Gray was requested to obtain more definite in-
formation.
Pursuant to the provisions of Chapter 132 of the
General Laws relative to the Bureau of Insect Peat Con-
Appointment trol, it was voted toreappoint Mr. Paul E. Mazerall
Superintendent of Insect Pest Control for a term expir-
ing March 31, 1965.
Upon motion duly made and seconded, it was voted
Paper Drive to grant permission to the St . Brigid and Sacred Heart
Parishes to conduct a paper drive on Sunday, April 26,
1964.
Verbal request was received, on behalf of the Lex-
ington Sea Scouts, for permission to operate a booth
April 20 in the driveway at Trani 's Package Goods Store on
stand April 20.
The Board had no objection, providing the owner
has granted permission.
Request was received from St . Brigid 's Holy Name
April 20 Society for permission to operate a stand April 19 on
stand Massachusetts Avenue at the east corner of Depot Square .
Upon motion duly made and seconded, it wasvoted
to approve the minutes of the Selectmen's Meetings
held on March 5 and 9
The Capital Expenditures Committee met with the
Board .
The Chairman steted that the idea of having schools
built with the same plan originated with the Board of
Selectmen, and the amount in the motion to be presented
under article 47 this evening is $8,000 instead of
$20,000.
Mr. Gary said the $8,000 is not an issue as far as
the Capital Expenditures Committee is concerned. He
stated that if this article passes, it sets into motion
a chain of events, gets this school built simultaneously
with the Middleby Road School and this is what the com-
mittee says cannot be justified. He said perhaps the
School Committee has changed its mind and is no longer
thinking in terms of building the two schools together
but he has been led to understand that it will ask for
an appropriation for the Moreland Avenue School in the
fall to be eligible for State aid but this would be
asking for money before they were out to bids . He
said whether the Town or the Selectmen would approve
this, he did not know. He stated that his Committee
is opposed as it does not see the need for this school
until the fall of 1958.
TheChairman stated that the Board of Selectmen has
been in favor of doing the two schools at one time and
letting the Town Meeting decide.
Mr. Gary said he would like to have the School Com-
mittee requested to hold this article over, one reason
being that the slides he had prepared cannot be used
on the machine
The Board cd' Selectmen had no objection, and it
was left that the Capital Expenditures Committee would
ask the School Committee to hold this article over until
the second adjourned meeting.
The meeting adjourned at 7:S5 P.M.
A true record, Attest :
A
�e �F`tiv�d Cl , Selec en
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C7
SELECTMEN'S MEETING ,
March 23, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, March 23, 1964, at 7 :00 P.M. Chairman
Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were
present Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, Mr. Gray, Executive Assistant,
and the Acting Clerk were also present
Mr . Legro stated he had prepared a partial release
Partial of land from sewer betterment assessment, William G
release from Young and Elcye R Young, previously voted by the Board.
Sewer Upon motion ddihly made and seconded, it was voted
Betterment to execute the release eroareld byTown Counsel.
o copies or elceen s o
Mr. Legro referred to letter from Joseph G. Bromberg,
attorney for the Pine Meadows Golf Club, relative to a
taking of a portion of property for the widening of
Route 128, requesting a partial release of betterment
asseszeaction was taken.
Mr. Legro reported on an accident to the ear of
Robert W. Fuller, 36 Fletcher Avenue, on December 5,
1963, in which his auto went into a water service
trench on Hill Street. The report indicates that the
trench settled four or five inches, and the damage
Claim claim is $84, $50 deductible, which makes it a subrogated
claim. He stated there is a question of negligence
involved, but questioned whether there was negligence
as this cave-in had been reported earlier and the men
arrived to patch the pavement just after the car had
been damaged He suggested that the claim be settled
for $84.00.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to settle the claim for $84.00.
Mr. Carroll reported on the problem he has with
the sewage from the Town of Bedford. The contract
with the Town of Bedford calls for 800 gallons per minute
flow They have three pumps, one pump used at a time.
He has personally checked the flow and it measures 580
gallons per minute . At the present time, the pump is
on twenty minutes and off five minutes, and he feels
that very soon they will have trouble and will have
two pumps in operation and when that occurs, it will
3 . i
nearly double the 600 gallon flow. Anything over 800
gallons will be in violation.
Mr. Sheldon asked if Lexington got income from
Bedford, and Mr. Carroll replied 5% per thousand gallons ;
they pay for everything that comes through the lines . Bedford
Mr. Carroll was authorized to write a letter to sewage
the Selectmen of Bedford advising that Lexington antici-
pates the problem is imminent, and if they are going to
exceed the contract limitation, the Town will make every
effort to stop it
Mr. Carroll reported on the garbage contract . He
stated he had not contacted Sousa Brothers, and had not
heard from them.
Mr. Sheldon moved that the contract be voided and Garbage
Mr. Legro advised that Sousa Brothers be declared in contract
default
Upon motion duly made and seconded, it was voted
that Sousa Brothers be declared in default.
Mr. Carroll had some suggestions relating to a new
bid for the garbage c, -ntract which are as follows :
1) He feels it is impossible to ask for bids on a new
contract for Mayl; it should be June 1,
The Board had no objection; bids to be taken on
April 6, the contract signed on the 26th.
2) If the contract is June 1, should it continue to
May 31. If it begins on June 1, it starts right
away on summer contract. The Board had no objection
3) He suggested that the bid deposit be $3,000.00; that
the deposit has always been $100.00, but felt had
they had a high deposit, the Town would have a con-
tract now.
1 ) Hartwell Avenue is out. The Board was in agreement.
5) Whether there is need for a full or half performance
bond He had discussed this with Mr . Legro and they
y
were in favor of a full performance bond.
Mr. drown suggested a bid bond, and a discussion fol-
lowed relative to this type of bond.
The Chairman stated that a bid bond would negate the
necessity cf $3,000 deposit .
Mr. Sheldon voted to go along with a bid bond, and the
Board concurred.
II - Mr. Cataldo suggested having nine men instead of ten,
and Mr. Carroll said the number of men was immaterial
to him.
138
Mr. Carroll said he had an important question with
regard to collection from May 1 to June 1 with Roketenetz
He asked if the Board wished him to talk with Roketenetz
and see if the time of the present contract could be ex-
tended for one month, and also asked, if he bids would
he be considered.
The reply was "definitely, yes".
Mr. Legro stated that an extension of the contract
could be drawn
Notice received of abandonment of one pole on the
Cambridge-Concord Highway, northerly side, approximately
Abandonment 485 feet west of Blossom Street, was read by the Chairman.
of j/o pole Upon motion duly made and seconded, it was voted
to approve the abandonment of this pole, it having been
approved by Mr. Higgins, Assistant Town Engineer:
No. of Locations Granted
Poles Streets under orders Book Page
Dated and Recorded
1 Cambridge-Concord Highway 11/25/40 20 350
northerly side, approxi-
mately 485 feet west of
Blossom Street,
The Chairman read a letter from the State Department
i' iln Brook of Public Works relative to the project at Kiln Brook.
No action was taken.
Letter from the Lexington Junior Chamber of Commerce,
held over from the meeting of March 16, advising that
the organization has taken over the encouragement of neces-
Flag nary action toward the end that the Americ Flag flying
over the Battle Green, be flown twenty-fouiich day,
was read by the Chairman.
Mr. Gray reported that he had talked with Mr. Michelson
of the Jayeees and there are areas approved by Congress
where the flag is flown twenty-four hours. The Jaycees would
like to have congressional approval, as the Battle Green
is an historic site. The flag can be flo rabrlowever,
•
without congressional approval twenty-foura ay..
Mr Gray also stated there would be three lights on
the pole, at crossarm and one directing up toward the fieg.
The Jaycees will pay for the lighting but the upkeep will
be the responsibility of the town
Mr. Sheldon requested that this matter be held over
until more information was available.
CI
Upon motion duly made and seconded, it was voted
to certify the character of the following individuals Certs. of
who have applied for Certificates of Incorporation, all Inc.
having been approved by the Chief of Police :
Karl T. Bussik, 76 Concord Avenue, and others not resi-
dents of Lexington
Russell V. Keune, 19A Oakland Street ) and others not
Robert D. Ronsheim, 21 Marrett Street ) residents of Lexington
Nathan C. Hubley, Jr. 15 Highland Avenue, and others not
residents of Lexington
Letter from the Board of Appeals relative to the re- Relocation
location of Pelham Road was held over until the next of Pelham
meeting of the Board Road
Upon motion duly made and seconded, it was voted
to approve bond on behalf of Ethel U. Rich, Collector Tax Coll-
of Taxes, No . 1019236, in the amount of $110,000.00. actor ' and
Upon motion duly made and seconded, it was voted Town Trees
to approve bond on behalf of James J. Carroll, Town urer 's
Treasurer, No. F-14133 , in the amount of $86,500.00. Bonds
Report was received from the State relative to
the examination of the Contributory Retirement System. Retirement
Mr. Gray reported that he had read the report and report
would give the Board more detailed information at the
next meeting.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on March 16.
Notice from the Commonwealth of Massachusetts,
Commissioner of Veterans ' Services, relative to a series Veterans '
of seminars for Veterans ' Agents. seminar
Upon motion duly made and seconded, it was voted
to advise Mr.Healy that the Board is in favor of him
attending the Amherst meeting providing he has the
necessary funds in his budget.
Upon motion duly made and seconded, it was voted
to approve the following licenses, satisfactory refer- Licenses
ences having been received from Chief Rycroft :
Allen M. Mintz 51 Blake Road Auctioneer
Robert 0. Rockwell 3 Graham Road
Frederick B Hubley 4 Stetson Street " n , '
Terrence John P Dwyer 31 Partridge Road Taxi Driver �1 c
The meeting adjourned at 7 :55 P.M. �o /
A true record, Attest :
Acting Clerk, Se] ctmen
140
SRL CTMEN'S MEETING '
March 30, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, March 30, 1964, 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
Upon motion duly made and seconded, it was voted
Drain to sign an Order of Taking on a drain easement from
easement Lowell Street to Burroughs Road, presented by Mr.Legro,
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 March, 1964, 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 drains in such accepted er
unaccepted streets or other land as they may determine,
in accordance with Chapter 263 of the Acts of 1926,
as amended, or otherwise, subject to the assessment
of betterments or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, ease-
ment or other interest in land necessary therefor;
and to raise and appropriate for such Installation and
land acquisition the sum of $28,000.00:'
WHEREAS the Selectmen have determined that it is neces-
sary to install a covered surface and ground water drain or
drains in the land hereinafter described.
NOW, THERr,FORE, 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
141
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,
contruct, 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
Lowell Street to Burroughs Road and bounded and described
as follows :
Beginning at a point in the southwesterly line of
Lowell Street at the intersection of said south-
westerly line of Lowell Street by the common boundary
between Lot "A" and Lot "B" on plan hereinafter
mentioned; thence running South 63°10'20" West,
distant 293.06 feet to a stone bound at the southerly
corner of said Lot "B"; thence turning and running
North 27°22'40" West along the southwesterly boundary
of said Lot "B", distant 31.16 feet to a point; thence
turning and running North 40°29 '00" West along said
southwesterly boundary of Lot "B", distant 15.64 feet to
a point; thence turning and running North 30°58 '33"
West through said Lot "B"; thence turning end running
South 52°07 ' 34" West through Lot "B" and Lot 90, dis-
tant 127.82 feet to a point in the northwesterly
boundary of said Lot 90; thence turning and running
South 33°19 '40" West along said northwesterly boundary
of Lot 90, distant 5.61 feet to a point in the north-
easterly line of Burroughs Road ; thence turning and
running South 50°36 '00" East along said northeasterly
line of Burroughs Road , distant 18.65 feet to a point;
thence turning and running North 52°07 '34" E, distant
111.50 feet to a point in said Lot 90; thence turning
and running South 30°58 '33" East , distant 99.20 feet
to a point in said Lot 90; thence turning and running
North 63°10 '20" East through said Lot 90 and said
Lot "A", distant 305. 16 feet to a point in the south-
westerly line of Lowell Street ; thence turning and
running North 20°46 '00" Wrst along said southwesterly
line of Lowell Street, distant 20.11 feet to the
point of beginning;
All as shown and marked in part "20 ' Drain Easement" and in
part "Drain Easement" on plan entitled "Plan of Drain Easement
F
cr
From Lowell Street to Burroughs Road Lexington, Mass. "
dated February19, be recorded herewith and
1964, to recor e
a copy of which is annexed hereto and made a part
hereof.
We do hereby also take temporary construction ease-
ments, for use in constructing the drains to be installed
in the permanent easement hereinabove described, in the
following strips of land situated in said Lexington:.
1. A strip of land in said Lot "A" having a uniform
width of 10 feet, measured at right angles between
sidelines, and extending from the southwesterly
line of Lowell Street to the southwesterly boundary
of said Lot "A", said strip abutting upon and ex-
tending the full length of the southeasterly
boundary of that part of the above described per-
manent easement marked "20 ' Drain Easement"
that is in said Lot "A", all as shown and marked
"10 ' Temporary Construction Easement" on said
plan; and
2. A strip of land in said Lot 90 bounded and de-
scribed as follows :
Beginning at a point in the common boundary between
said Lot "A" and said Lot 90 which point is South
27°22 '40" East and distant 20.00 feet from a stone
bound bound located at the point at which the common
boundary between Lot "A" and Lot "B" intersects the
northeasterly boundary of Lot 90; thence running
South 27°22'40" East, distant 10.00 feet to a point;
thence turning and running South 63°10 '20" West,
distant 13.79 feet to a point in Lot 90; thence turn-
ing and running North 30°58 '33" West, distant 10.03
feet to a poiht in Lot 90 at the southerly corner
of the above described permanent easment marked
"Drain Easement" on said plan; thence turning and
running North 63°10 '20" East along the southeasterly
line of said permanent easement, distant 14.42 feet
to the point of beginning; being part of the strip
shown and marked "10' Temporary Construction Ease-
ment" on said plan;
and reference to said plan is made and said plan is in-
corporated herein for a complete and detailed description
of said strip of land
The temporary conatructioneasements herein taken in-
clude the right to enter upon the land taken, to deposit
_ . 43
earth and material thereon, and in general to make
all use necessary or desirable in connection with
the aforesaid drain construction. The construction
easements shall terminate thirty days after the com-
pletion of the drain construction, and, in any event,
not later than April 1, 1965.
Said rights and easements in the land included
within the above description are taken without inter-
ference with or prejudice to the rights of the respect-
ive 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 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
described 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 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
Paraska Hotz Lot "A"
Peter J. Wallis and
Anna Wallis, husband and wife Lot "B"
Edmund M. Galante and
Cynthia M. Galante, husband and wife Lot 90
144 b �
t
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 March, 1964
/s/ Lincoln P Cole , Jr. /s/ Otis S. Brown, Jr.
/s/ Robert Cataldo /s/ Levi G. Burnell
/s/ George C. Sheldon
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. March 30, 1964
Then personally appeared Lincoln P. Cole, Jr , Otis S.
Brown, Jr. , Levi G. Burnell, 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 ix) be their free act
and deed and the free act and deed of the Town of Lexington,
before me,
/sf Donald E. Legro
Notary Public
My commission expiresMarch 14, 1970
Mr. James J. Carroll, Town Clerk, met with the Board
Jurors for the drawing of three jurors . The following indi-
viduals were drawn for jury duty: Mr. Albert Clark,
39 Turning Mill Road, Jerome J. Joerger, 18 Fiske Road,
Richard Wadler, 36 Hill Street
Mr. Carroll retired
Mr. Carroll reported that he and Mr. Gray had dis-
cussed the proposed office to be made in the Selectmen's
Room for Mr. Gray, and asked what type of partition the
Partition Board wants He said one idea was a metal type, and
Selectmen's the other idea was a Food type. He asked if the Board
Office had given any consideration to the installation of a
folding door so that the office could be opened up if
there was a large crowd
Mr. Sheldon said anything but the same type of
material on the walls now would result in a makeshift
job.
14iI)
Mr. Carroll explained that the figure in the budget
is based on using the same type of finish the room now
has, and he received a quotation of $650 from Custance
Brothers for a permanent type.
Mr. Cataldo said he thought the Board had no alter-
native but to go to the steel, and said the partition
could not go all the way to the ceiling. He said he
would put the banker's partition in and in this way,
the room would not be changed. He said as far as the
door is concerned, the room has to be closed off, and once
the office is set up, there should not be anyone in it
except those who belong there. He explained there
would be two offices with an opening on each end and a
partition just the other side of the drapes; two offices
with windows
Mr. Gray said the partition would be free standing
with no holes in the floor or ceiling, but using wood
would necessitate drilling holes in the floor
The Chairman asked about using a folding door, and
Mr. Cataldo stated that Lhe sprinklers would have to be
taken out
Mr. Burnell felt that a folding door would not
make for a very congenial office space, and he preferred
to see something made by Custance Brothers of the same
type of wood in the room for Lhe bottom panel but follow-
ing the same measurements used for a banker 's partition.
Mr. Sheldon said he would like to obtain an architect 's
opinion, but did not propose paying for it, and he would
go along with the architect 's opinion whatever it was.
He explained his only concern was the possibility of
destroying the appearance of the room.
Mr. Cataldo said he would go along with an interior
decorator, but not an architect .
Mr. Burnell said he did not think it necessary to
consult an architect or interior decorator and suggested
checking somewhere else on a wooden partition with a
glass panel.
The Chairman said the matter would be left with Mr.
Gray and Mr. Carroll.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the follow- Pole
ing j/o pole location: location
East Strat, southerly side, at Lowell Street,
One pole (One existing j/o pole to be removed. )
I
146
C7"
Requests from the Metropolitan Building Movers Co.
Permits for permission to move houses onto 116 Concord Avenue
and Webster Road were referred to Mr. Carroll.
Letter was received from the Board of Appeals with
further reference to possible relocation of Pelham
Road at the intersection of Massachusetts Avenue.
Mr. Carroll explained that last year the Board
Relocation voted to include an item in his budget to provide funds
Pelham Road for building Pelham Road and extending Bennington Road.
However, the project was taken out and it was also taken
out this year. He said it is a question whether the
Board wants to do this work or not.
Mr. Sheldon asked who wants the road relocated and
how much demand there is for it
Mr. Carroll replied that it is a dangerous inter-
section which has been discussed for seven or eight years
He said the first step would be to have a layout made.
The matter was left with Mr. Carroll and Mr. Gray.
Each member of the Board had received a copy of
Water & proposed Water and Sewer Service Regulations, as pre-
Sewer pared by Mr Carroll. A copy was given to Mr. Legro
Service this evening for the first time .
Regulations The Chairman said he would like Mr Legro to have
a week to study the proposed regulations .
Mr. Carroll stated that he would like to distribute
these by April 15.
The matter was held over for one week.
Mr. Robert E. Mitchell, 191 East Street, and Mr.
William Mc 'atchy, 197 East Street, met with the Board
East Street relative to a water problem in their back yards .
drainage Mr. McLatchy said he would like to find out if
complaint the situation was going to be corrected this year and
when the work will be done
Mr. Carroll stet ed that the problem will be taken
care of by the drain between Lowell Street and Ridge
Road He explained that the Town, at the present time,
has no rights in Ridge Road. He stated that the culvert
under Ridge Road is private and the Town is not responsi-
ble for its maintenance. He explained that the Town
could, however, take an easement and put a drain in, but
it is not responsible for the present conditions . He
stated the problem is that the culvert is blocked up.
He advised that the street work will be put out on a
contract and all he could say at the present time is that
the work will be done this year
147
Mr. MoLatchy complained about mosquitoes and Mr.
Carroll explained that all they had to do is to call
his office or the office of the Eastern Middlesex Mos-
quito Control.
Messrs . Mitchell and MoLatchy retired at 8:10 P.M.
Notice was received from the Department of Public
Utilities relative to a hearing to be held Thursday,
April 9, at 10 :00 A.M. , room 166 &tate House, on rates
and charges of the Boston and Maine Railroad. Hearing
The Chairman said he would attend if possible, and
that Mr Gray should attend
Letter was received from the Lexington Housing
Authority asking for a copy of a list showing available
parcels of land which might be suitable for housing for
the elderly. Tax title
Mr. Gray said he would see that the Authority re-
ceived a copy of the tax title list .
Letter was received from the Town Celebrations
Committee inviting the Board to participate in the
early morning parade scheduled for 7 :00 A.M. at the Parade
Adams School, April 20 .
Upon motion duly made and seconded, it was voted Blue Cross
to authorize the Chairman to sign an Agreement, effect- Blue
ive April 1, 1964, with the Blue Cross and Blue Shield. Shield
Upon motion duly made and seconded, it was voted
to approve bond #86,-72-21 in the amount of $3,000 on Bond
behalf of Kenneth M. Cox, Constable.
Upon motion duly made and seconded, it was voted
to approve bond #F-139731 in the amount of $1,800 on Bond
behalf of James J. Carroll, Town Clerk
Letter from the Jaycees with reference to flying
the American flag twenty-four -hours a day on the Battle
Green was held over.
Mr . Gray reported that the Jaycees will pay for Flag
the installation of the required lighting, but after
it is installed, they would expect the Town to pay
for maintenance. The Jaycees would like the Board to
request Congressional approval
Upon motion duly made and seconded, it was voted
to seek Congressional permission to fly the American
flag on the Battle Green twenty-four hours a day.
14i jAP
Upon motion duly made and seconded, it was voted
Cert. of to certify the character of Wilfrid D. Sampson, et als,
Inc. who have applied for a Certificate of Incorporation under
the name of Lexington Youth Hockey League, Inc .
Upon motion duly made and seconded, it was voted
to grant permission to the Premiere Performance Company
Use of to use Estabrook Hall on Saturday, April 4, from 7:30 E.M.
hall until 10:30 P.M. , free of charge, subject to a fee for
janitor 's overtime services.
Upon motion duly made and seconded, it was voted
Dump permit to grant a Yearly Dump Permit to Charles Calderone of
Woburn who does landscaping work in Lexington.
Upon motion duly made and seconded, it was voted
Licenses to grant the following licenses :
Bertram P. Gustin Auctioneer
Laurence J White Taxi Driver
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on March 23.
At 8:30 P.M. , Mr Douglas S. Robertson, 11 Grapevine
Avenue, met with the Board to again register complaint
against the manner in which Marshall 's Food Shoppe, Inc.
Complaint is operating . He asked to have the property kept clean
and the noise from a fan eliminated.
Mr . Burnell stated that the Building Inspector and
Executive Health Officer should check the plan periodi-
cally.
Mr. Robertson retired at 8 :45 P.M.
It was agreed to write the Building Inspector and
Executive Health Officer for facts
Upon motion duly made and seconded, it was voted
to make the following Annual Appointments
Appointments
APPOINTMENTS
Terms expiring March 31, 1965, unless otherwise noted
Building Inspector Donald K. Irwin
Director of Civil Defense Arthur K. Burrell
Director of Veterans ' Benefibs
and Services Maurice D. Healy
Executive Assistant, Selectmen Albert Gray, Jr.
49
APPOINTMENTSCONT'D.
( )
Executive Clerk, Selectmen Hazel J. Murray
Fence Viewers Reverend Harold T. Handley
John J. Garrity
Field Drivers John W. Rycroft
Benjamin W. Day
Gas Inspector John B. Byrne, Jr.
Lockup Keeper John W. Rycroft
Park Department Superintendent Paul E. Mazerall
Plumbing Inspector John B. Byrne, Jr.
Public Works Superintendent John J. Carroll
Public Works, Assistant Sup 't. Guy V. Colella
Registrars of Voters (3 Yr term) Charles F. Vaughan
Town Counsel Donald E. Legro
Town Engineer John J. Carroll
Town Engineer, Assistant Robert L. Higgins
Tree Warden Paul E. Mazerall
Veterans ' Graves Officer Maurice D. Healy
Wire Inspector Robert K. Jeremiah
APPOINTED BOARDS AND COMMITTEES
Terms expiring March 31, 1965 unless otherwise noted
Board of Appeals (5 year term) George P. Wadsworth
(Acting under Building and
Zoning By-Laws )
Board of Appeals - Associate
Members J. Henry Duff y
Ruth Morey
George C.Sheldon
Howard H. Dawes
Robert H. Farwell
Nathan B.Ricker
Board of Public Welfare and Howard H. Dawes
Old Age Assistance Bureau Robert K. Taylor
Paul F. Bartel
Robert P. Trask, Jr.
David F Toomey
Board of Retirement (3 year term George P. Morey
Bridge Charitable Fund Trustees
(5 Year term) George P. Morey
Gemmel Legacy Income Trustees
(Acting with Department of Public Mary E. Casey
II4elfare ) Margaret L. West
M-
Mr. Gray read a report which he received from the
Air tanks Insurance company inspector relative to the air tanks
on Cary Memorial Building. He stated he would keep
the Board advised.
Mr. Gray reported that he had read the report of
the examination made by the State of the Contributory
Retirement Retirement System. He stated that the major problem
System is the lack of time and work on the records, but with
Report the employment of additional clerical help, the situ-
ation will be corrected.
Mr. Gray advised that he had received about ten
applications for the positions available and asked how
the Board wished to proceed
Clerical The Chairman said he would leave it upto Mr.Gray
help Mr. Gray reported that Mr Grush, Chairman of the
Board of Assessors, called him and wants additional
clerical help right away He said Mr. White also wants
someone to work on the Retirement System.
It was agreed to let Mr. Gray use his judgment in
hiring additional clerical help.
Mr. Gray reported that he received a letter from
Mrs . Rich, Collector of Taxes, to which wss attached
a list of ambulance charges covering the years 1959
Ambulance and 1960, she claims to be uncollectible.
charges Following some discussion as to whether to try
and collect the bills or abate them, it was voted
to have Mr. Gray request the Collector to send a
letter indicating small claims procedure would be in-
stigated if the bills were not paid within a reasonable
time; the letter to be sent out as regular procedure
on bills over six months ' due.
The Chairman was recorded in opposition.
Mr. Gray read a letter from the Building Inspector
with reference to Chapter 139 of the General Laws and
Unsafe relative to a building owned by Stephen Trebino.
building Mr. Legro said he would give the Board the proper
procedure and the matter wa held over for one week
Upon motion duly made an seconded, it was voted
Police to request the Division of Civil Service to submit a
list list of eligible applicants for appointment to the
Police Department.
Mr. Sheldon said he would like to have the Plan-
ning Board in to discuss Spring Street and also the
Lyonproperty on Waltham Street
It was agreed to invite the Planning Board to
meet with the Selectmen on Monday, April 6, at 8 :00
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 mattOrs, which, Executive
if made public, might adversely affect the public Session
security, the financial interest of the Town, or the
reputation of any person.
Following a discussion by Mr Carroll, Superintendent
of PLblic Works, relative to garbage collection, a claim
for damages, and the Board 's discussion relative to the
use of the Gerry Fund, it was voted to resume the open
meeting.
The meeting adjourned at 9:50 P.M.
A true record, Attest :
ive 41erk(, Select n
ee4A4
c:
Cr
Cr,
SELECTMEN'S MEETING
April 6, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, April 6, 1964, at 7 :30 P.M. Chairman Cole,
Messrs Burnell, Cataldo and Sheldon were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present Mr.Legro, Town Counsel, arrived later
in the evening.
Mr Carroll reported on garbage bids opened this
afternoon.
The Chairman said it would appear that the low
bidder, Stanley Roketenetz, Inc . , is capable of getting
a bond and asked Mr. Carroll if he thought, under the
Garbage new conditions, this would work
bids Mr. Carroll replied, that, under the contract, he
thought he would do a good job, and that he has been
doing a good job the past two months
The Chairman asked if the Board should talk to him
about another truck before awarding the contract
Mr. Gray said the Board could insist that the
equipment meet the standards
Mr. Cataldo was not in favor of awarding the con-
tract for three years and suggested one year which
would give the Board an op ortunity to determine whether
the contractor was doing a good job or not .
Mr. Carroll sugge -ted that the Board ask Mr
Roketenetz to meet with it next Monday and discuss
awarding the contract for one or three years and ask
if he will purchase a new truck
Mr. Sheldon asked if Mr Cataldo would be in favor
of awarding the contract for three years if the con-
tractor agreed to put on another truck.
Mr. Cataldo replied not unless conditions change
Mr. Carroll said the problem before was that the
Town did not have a strong enough contract
It was agreed to ask Mr. Roketenetz to meet with
the Board next Monday night
Mr. Gray read bids for the purchase of three new
police cars, trading two, as follows :
Police cars Dunn Ford Sales, Inc . $3,991.19
Mawhinney Motor Sales, Inc. 4,175.00
Rowe Chevrolet, Inc. 3,929.00
Upon motion duly mrde and seconded, it was voted to
award the bid to Rowe Chevrolet, Inc. , at the bid price
of $3,929.00.
Mr. Ernest R. Giroux and Mr. William T . leleh,
representing the Minute Man Park Realty Trust, met
with the Board
Mr. Giroux stated they had some conversations with
Mr Gray and a meeting before on the matter of making
an exchange of a strip of land on Massachusetts Avenue Central
for the so-called Fire House property. He said this Block
one article was withdrawn at the request of the Trustees
They did discuss with Mr Gray and Mr Carroll several
proposals, one being a 10 foot taking, a 15 foot taking
and a 25 footsetback, and at that time, they did agree
to consider the 15 foot taking It was pointed out
that this would, for the Town, be a better proposition
and he said they agreed to consider it . They were not
able to get complete agreement among the six owners of
the Central Block property. About a month before Town
Meeting, in going backs.over some of the figures in 1962
that were established for assessment purposes, there
was a great discrepancy between the value of the front
property and the fire house property He said the
difference in value was indicated as 72 to 1. This
was a matter of discussion among the Trustees He said
they did not want it to go before Town Meeting on the
basis of negotiation because the Trustees had not agreed
among themselves. They had not thought of anything
different than an even exchange until the difference in
value of the front over the rear land came up He stated
that the Trustees would consider an even exchange and would
hope that the Town would consider it as an agreement
between the Selectmen and the owners
The Chairman asked if the Trust was ready to move
ahead at this time if it could obtain an agreement with
the Board to put an article in the warrant for an even
exchange.
Mr. Giroux replied that they would rather the
negotiations were done beforehand.
The Chairman asked if the group was in complete ac-
cord now, and Mr. Giroux replied in the affirmative.
Mr. Cataldo asked if this was definitely the approach
they wanted
Mr. Welsh replied that they want to exnhange the
front land for the piece in the back the Town now owns,
which is about 3300 feet. He said there is 30% more land
involved that the Town owns
The Chairman said the Board usually gives quick
decisions. This one is serious, and if this is the
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54
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tr
Trustees ' intention, the Board would take it under ad-
visement,
and let them know. He asked if the group was
in complete accord and willing to go to Town Meeting,
and all were agreed that there would be an even exchange.
Mr. Giroux stated it would be an agreement between
the two parties before Town Meeting.
Messrs Giroux and Welsh retired at 8 10 P.M.
Mr. Burnell asked if the Board had professional
advice on the value of this land
The Chairman replied in the negative
Mr. Cataldo stated that there will be benefit to
both parties which cannot be measured in money
Mr. Burnell said the Board was doing this on the
basis of laymen'* and asked if it was necessary to obtain
an appraisal first
The Chairman replied this would be to the Town's
advantage.
Mr. Burnell said when this is taken to a Town Meet-
ing, the Board will be asked the question of an appraised
value, and caked if it wasn't better for the Board to
get this information first before it votes on it
The Chairman said he would have no objection to having
an appraisal, but he did not think it would make any differ-
ence
Mr Sheldon said he did not think anyone at Town
Meeting would object to this.
The Chairman said he thought the Board should defer
action for the time being and he thought the Town Counsel
should be present when the subject is discussed
Mr Cataldo moved to vote on it subject to Town
Counsel 's approval
Mr. Carroll mentioned the plan for the ball field
and stated that Mr. Gray had telephoned Mr. Snow.
Mr. Gray reported that Mr. Snow was surprised the
plan had not been received and agreed to make up another.
Mr. Carroll stated that the Recreatic:n Committee is
very anxious to have him provide a cutout over on the
new field which was just built between Worthen Road and
Ball field Park Drive. He said he was concerned as he did not want
to put it in the wrong place, and the Board should also
determine whether or not there is going to be a fence
along Worthen Road
Mr. Cataldo said that depends on how the plan is
set up, and they want to use the field this year.
The Chairman asked Mr. Gray to contact Mr. Snow
The Board received a copy of a letter from Kenneth L.
Sewer Warden, Jr , 10 Constitution Roac. , to Mr. John Carroll,
charge with reference to a sewer connection charge.
Mr. Carroll stated that Mr Warden has a legiti-
mate complaint and he will acknowledge the letter.
Letter was received from Mr. Wm Roger Greeley
with reference to work being done by the Public Works Willard' s
Department in Willards Woods . Woods
It appeared that Mr. Greeley had been misinformed,
and the Chairman agreed to acknowledge the letter and
explain the situation to him
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Budding Movers
Co. to move a house onto Webster Road and a house onto Permit
116 Concord Avenue , verbal approval having been received
from Mr Carroll, subject to the usual conditions
At 8:30 P.M. , Mr. Alfred Buss met with the Board
and said he was trying to resolve Circle Road. He said
he was requested by the Planning Board to get a drain
easement from the Town of Arlington, but Arlington refused
to give him a drain easement into the Grcat Meadows . In
talking to the Selectmen, Engineer and Town Manager, they
requested two letters that he should take it by eminent Circle
domain or the Town should take it . He said he peti- Road
tioned the Board of Selectmen to finish the road under
the Bett-rment Act The Board has agreed to sell him
tax title lots on Circle Road, but he does hot have a
deed to the tax title land He stated that his attorney
and Mr. Stevens, former Town counsel, prepared an agree-
ment but it was never finalized Now Mr Legro has an
agreement
The Chairman explained that Mr. Legro only received
the agreement within the la t two weeks
Mr. Busa explained that his father planned to drain
Circle Road into the Great Meadows; Circle Road is now
a private way. He said he would appreciate the Board
resolving this through the suggestion of the Town of
Arlington by taking it by eminent domain, as the only
logical place to drain Circle Road is dnto the Meadows
He said if this could be resolved immediately, it would
be beneficial to him.
Mr. Burnell explained that the Meadows could not be
taken by eminent domain as one Town cannot take land
from another town by eminent domain.
Mr. Carroll said taking flowage rights is all that
is needed.
The Chairman asked how many houses there are on
Circle Road, and Mr Busa replied two. He said eventually
there will be seventeen, and they will all be served
II
by this drainage
1. 1516
Cr
The Chairman said he thought the Board was going
to need advice of Town Counsel on this .
Mr. Sheldon suggested that the Board obtain an
opinion from Town Counsel.
The Chairman said the Board would check with Town
Counsel.
Mr. Cataldo asked Mr. Gray to write a letter to
Mr. Legro for a legal opinion.
Mr. Busa retired at 8:45 P.M.
The Chairman read two letters from "Tell it to Joe",
one with reference to Concord Avenue and the other re-
Complaint ferring to Melrose Avenue
The Chairman said he would discuss the contents
with Mr. Carroll and acknowledge the inquiries
Letter was received from Alphonso B. West, 33 Oak
Street, requesting another deferment of water better-
ment assessment.
Upon motion duly made and seconded, it was voted
Deferred to again extend the time for payment, under the pro-
water bet- visions of Chapter 159 of the Acts of 1950, the Water
terment betterment assessment in the amount of $375.00 (250 ' )
assessment and the water betterment assessment in the amount of
$562.50 (375 ' ) , without interest, until the land or any part
thereof is built upon or sold or until the expiration of
three years from the date hereof, whichever event occurs
first
Reports from Mr. Donald K. Irwin, Building Inspector,
Reports and Mr. Jams Finneran, Executive Heath Officer, in re-
gard to Marshall 's Food Shoppe, Inc. , were noted and
placed on file
An offer of $400 for lots 49, portion of 51 and 52
Bruce Road was received from Mr Donald K. Irwin.
Letter on the same subject was received from the
Tax title Planning Board.
Mr. Gray reported that the offer should have been
for lot 50 and not lot 49
Mr . Carroll advised that Bruce Road is not laid out .
Mr. Burnell suggested that the Board defer its judg-
ment for a week and let Mr. Carroll and whoever else is
concerned, report back to the Board
An offer of $105 for lot 79 Valleyfield Road was
received from Mrs. DeVito
Letter on the same subject was received from the
Planning Board.
Mr . Gray reported that Mrs. DeVito is not an
abutter and the Planning Board recommends selling to
an abutter only
157
The Board felt that it would not be in the best
interest of the Town to sell this lot, and upon motion Tax title
duly made and seconded, it was voted to reject the
offer.
Mr. Gray referred to an offer from a Mr Cram,
60 Winter Street, and reported that the Planning Bop.rd
has no objection to selling lot 60 to Mr Cram, pro-
viding it is combined with his present lot Tax title
Mr Gray was requested to re )ort further next
week relative to the amount of the offer, etc
Upon motion duly made and seconded, it was voted
to request the Package Goods Stores to remain closed
all dayand eveningon Monday, April 20, Patriot 's
Day
Mr Burnell said that some months ago the Traffic
Study Com ittee requested the State Department of Public Traffic
Works to make a study and recommendations on Bedford
Street from Harrington Road to Hartwell Avenue He said
the report he received is dated March 16 During the
intervening period, the Committee considered talks with
the State to provide a traffic light control at Eldred
6treet He said the Traffic Study Committee recommends
lights at four intersections and the insertion of an
article in the warrant for the next Special Town Meeting
to appropriate $2,000 for blinker lights at Hill and
Revere Streets and also Reed Street He said funds
for the Worthen Road lights were appropriated at the
March Town Meeting. He said the intention to ask for
blinker lights ' funds at the May Town Meeting should
be communicated to the State with the suggestion that
it obtain funds for the installation of lights at the
at t }e same time .
Mr. Burnell read a letter sent to John J. Carroll,
Superintendent of Public Works, by the Acting Traffic
Engineer of the State Department of Public Works, dated
March 16, as follows
"Lexington Traffic March 16, 1964
This is with reference to your request for an investi-
gaticn to determine the advisability of installing traffic
control signals at the following locations .
1. Eldred Street and Bedford Street
2 Simonds Road and Bedford Street
3. Revere Street, hill Street and Bedford Street
4. Worthen Road, Camellia Place and Bedford Street
My comments and recommendations are as follows'
Bedford Street, Route 4, in Lexington is State Highway
from the Bedford-Lexington town line to the railroad crossing
just south of Ledgelawn A enue. This is a total distance of
8800 feet. The remaining 4800 foot section of Bedford Street,
Route 4, is town road Eldred Street and Simonds Road at
Bedford Street are State Highway intersections
The vehicle counts submitted by the Town of Lexington
how that neither Eldred Street, Simonas Road nor Revere and
Hill Streets meets the Department 's vehicular warrant for a
traffic control signal. A record of accidents submitted
by the Lexington officials also reveal that these inter-
sections dp not meet the Department 's warrant for traffic
control signals
We do agree that Route 4, Bedford Street, In Lexington
has shown an increase in vehicular volumes during the past
five years .
It is my opinion that traffic conditions on Bedford
Street can be improved in the following manner.
A) Install the traffic control signal at the inter-
section of Bedford Street, Worthen Road and Camellia Place
that was recommended in my report to your office on
January 31, 1964 As previously stated in that report this
particular intersection does meet the Department 's warrant
for a traffic control signal
B) Install a traffic warning beacon at the inter-
section of Bedford Street, Revere Street and Hill Street
The recommended layout is shown on the attached 40 scale
sketch
C) Install a channelizing island and traffic warning
beacon at the intersection of Bedford Stree; and Feed Street
that was recommended in our report in April 10, 1962.
The three aforementioned intersections are under the
jurisdiction of the Town of Lexington.
If the Town agrees to the foregoing, I would also re-
commend
D) Install stop signs on North Hancock Street at
Bedford Street and on Valley Road at Bedford Street. The
stop sign locations are shown on the attached 40 scale sketch.
I6c?
E) Install a traffic control signal at the inter-
section of Bedford Street and Simon s Road. The signal
layout is shown on the attached 40 scale sketch.
The two aforementioned intersections , D and E, are
State Highway locations .
If the recommendations stated above are adopted, there
would be two traffic control signals spaced 6000 feet apart
between Route 128 and Massachusetts Avenue inLexington.
In my opinion, these two signals would provide for an
interruption in the continuous traffic flow that would
allow for relatively safe entrance upon Bedford Street at
these two points and at points located between these two
signalized intersections . Also Eldred Street, being lo-
cated between tne signalized intersection at Simonds Road
would also receive like benefits.
Very truly yours,
/s/Armand L. Phaneuf
Acting Traffic Engineer"
_After receipt of the letter, there was a meeting with
two engineers and they spent quite a period of time in going
over the Eldred Street problem. He said they were firm in
laying that they felt Eldred Street would benefit by this
breaking up of the continuous flow of traffic on Bedford
Street. There is perhaps one other way by police control,
going to work and coming home from work hours. He said
with this information before the Burd, the Committee re-
commends that there be put in the warrant for the next
Special Town Meeting an article to raise approximately
$2,000 for blinker lights, and if the Board agrees, to
communicate immediately with the State Department of Public
Works and tell them the Board 's intention, to allow them
to get their funds together
Upon motion duly made an, seconded, it was voted to
accept the report of the Traffic Study Committee and the
letter from the State
Upon motion duly made and seconded, it was voted to
insert an article in the warrant for the next Special
Town Meeting for X number of dollars to provide blinker
lights at Hill and Revere Strfets and at Bedford and Reed
Streets
11/ Mr. Burnell said he thou_ht it may be necessary to
request the Chief of Police to provide police protection
at Eldred Street
The Chairman read a letter from Mrs. George P.
Morey in regard to the traffic lights near the Battle
Traffic Green which have not been in use for many years. The
letter was referred to the Traffic Study Committee.
Mr. Martin Small met with the Board. He said with
the humber of voters registering and two women running
from Lexington, there is a substantial vote drive on the
Polling Democratic side, and he assumed the total number of
hours - votes on the Democratic side will be greater this time,
Presiders- , , and will probably be greater on the Republican side
' tial The Chairman reported that he had discussed the
Primary subject with the Town Clerk who felt that if the polls
were open at ten in the morning until eight, it might
suffice
Upon motion duly made and seconded, it was voted
to open the polls at 7:30 A.M. and close at 8 00 P.M.
on Tuesday, April 28, Presidential Primary
Upon motion duly made and seconded, it was voted
Warrant to sign the Warrant for the Presidential Primary to
be held on Tuesday, April 28, 1964.
At 9 :00 P.M. , Chairman Meyer, Mr Campbell and
Mrs . Riffin, of the Planning Board, met with the Selectmen
The Chairman referred to a letter received from the
Planning Board, dated March 27, 1964, in regard to
, Legal fees special legal advice
The Chairman said it was the Selectmen's under
standing that the legal fees would be paid for out of
the Planning Board budget He stated that the Town
Counsel and the Appropriation Committee also understood
this
The Chairman said the Planning Board has a file on
the Lyon property and where this is a Selectmen's article
and basically the Selectmen's job, they felt they should
Lyon take it over and carry it through. He said if the
property Planning Board could see that the file was delivered to
Mr. Gray, the Selectmen would carry on from there, but
would still consult with the Planning Board
The Chairman said the Planning Board was aware of
the fact that there would probably be a Town Meeting in
the spring, possibly the latter part of May. He said
Spring all the takings have been made on Spring Street
Street Mr. Meyer said tonight was the first night he saw
the layout.
The Chairman asked if the Planning Board would be
ready by then with that area
* He said, if possible, it would be desirable by all parties
concerned, to have the polls open at the usual hours
161
Mr. Meyer replied he hoped so. He said the people
P p p
on Worthen Road are coming in for the apartment again-
the Seth property, and the Housing Authority will probably
be coming in too. He said the real problem timingwise
is the Spring Street zoning
The Chairman suggested May 25 for the Special Town
Meeting.
Mr. Cataldo said the School Department should be
checked with
The Chairman said the closing date for the warrant
would be April 25
The Planning Board retired at 9 :40 P.M.
The Chairman read a letter from the Board of Fire
Commissioners relative to procedure to be followed for
the purchase of a new ambulance Ambulance
Mr Sheldon explained it has been customary for
the Fire Commissioners to follow through on this
Upon motion duly made and seconded, it was voted
to have the Fire Commissioners proceed with specifi-
cations and plans _for the purchase of a new ambulance
for which funds were appropriated at the Annual Town
Meeting in March, 1964
Mr. Cataldo mentioned, for the Board ' s consideration,
the possibility of charging a fee for water and sewer con-
nection inspections
Upon motion duly made and seconded, it was voted Water and
to approve the proposed Rules and Regulations for the Sewer Con-
operation of the Water Department or Water Division, nections
and Rules and Regulations for the operation of the
Sewer Division, subject to approval by Town Counsel.
Mr . Carroll retired at 9 50 P.M
Upon motion duly made and seconded, it was voted
to grant permission to the L.-H Town Committee to sell Permits
food properly wrapped from baskets on April 20
Upon motion duly made and seconded, it was voted
to grant permission to the Marine Corps League, to carry
Town flags in both the morning and afternoon parades on
April 20. The Board had no objection to the League 's
plan to locate a stand on property owned by Dr. Charles
T Mooney, 1115 Massachusetts Avenue
Letter was received from the Lexington PTA Council
requesting permission to sell tickets from a booth to
be located on the Episcopal Church Rectory land April 20,
proceeds to be used for the Lexington High School Scholar-
ship Fund.
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Upon motion duly made and seconded, it was voted
to grant the request
Upon motion duly made and seconded, it was voted
Resignation to accept with regret Mr. Edward J. Gildea' s resignation
as a member of the Board of Assessors, effective April 30.
Letter was received from the Town Clerk advising
Resignation that he had received Robert H. Kingston's resignation
as a me3nber of the Appropriation Committee, effective
April 1, 1964
Letter was received from the Recreation Committee
advising that the Committee has appointed Vincent E.
Appointment Hayes to be its member on the Hunting Committee author-
ized under A ticle 71 of the warrant for the Annual
Town Meeting; March, 1964.
Upon motion duly made and seconded, it was voted
to appoint Mr. Brown as the Board 's member on the Hunting
Appointment Committee authorized under A''ticle 71 of the Warrant for
the Annual Town Meeting, March, 1964.
Mr. Cataldo said he would like Town Counsel 's opinion
as to whether the three individuals on this committee
would be, in any way, liable for any decisions it made
Decision was given verbally by Town Counsel later
in the evening in Executive Session.
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr. Maurice Healy the Municipal Chairman
for the next United Fund Drive.
Upon motion duly made and seconded, it was voted
to grant Mr. Bertram P. Gustin permission to conduct
Use of hall an auction in Estabrook Hall on April 13 and April 27
subject to the usual charge and custodian's overtime
fee.
Unon motion duly made end seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
March 30, 1964
Mr . Sheldon said he believed the Board had read a
report of the Lexington Executive Park Development Com-
Committee mittee, and he thought the Committee should be discharged.
report He said someone had suggested that the report be given
to the press, and as Chairman of the Committee, he had
no objection and would say it is a matter for the Board
to decide '
Upon motion duly made and seconded, it was voted
to accept the report of The Lexington Executive Park
Development Committee, with thanks
The Board had no objection to giving the report
to the press
The Chairman said, as far as the recommendations
made lay the committee are concerned, he would suggest
that the Board read the report again and come in with
its decision.
Mr . Sheldon said he felt quite strongly about ap-
pointing the Executive Assistant as liaison so he could
smooth the way for people interested in coming to Lex-
ington. He asked if the site control was something
the Town has any control over, and asked Mr. Gray to
check this.
Mr. Legro arrived at the meeting at 10 :12 P.M.
Mr. Gray reported that he had received medical
bills from the Fire Department which have been held
since the first of the year. The total is approxi- Medical
mately $1200 and only $1,000 was provided for in the bills
Selectmen's budget He said he thought the Board would
have to request a transfer and su gested starting with an
amount of $1,000 because one of the firemen has been in-
jured and will continue to need medical treatments .
Mr. Cataldo said he tuought the Board should ask
the Fire Department about this
Mr. Sheldon said he agreed, and would like to know
more about it. He said before requesting the Appropri-
ation Committee for a transfer, the Board should have
more information
Mr. Gray was authorized to put through the bills
on hand for payment
Upon motion duly made and seconded, it was voted
to sign a Certificate of Entry, presented by Mr.Legro, Certificate
to do the Burroughs Road drain. (All copies taken of Entry
by Mr. Legro. )
The Chairman advised Mr.Legro that the Board
had approved the proposed Rules and Regulations for
the operation of the Water Department and the Rules
and Regulations for the operation of the Sewer Divi- Water &
sion, subject to his approval Sewer
Mr. Legro said he would like to discuss two or Regulations
three items in the regulations with Mr. Carroll.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dia-
l
_I 64
r
cussing, deliberating, or voting on matters, which,if
made public, might adversely affect the public security,
or
the financial interest of the Town, the reputation
p
of any person
Executive Following Mr . Gray's discussion relative to clerical
Session help, Mr . Legro 's comments on building owned by Mr.
Stephen Trebino, the Hunting Committee, it was voted
to resume the open meeting.
The meeting adjourned at 10:35 P.M.
A true record, Attest
�tiV C1 , Se1ec en
'
t)J
SELECTMEN'S MEETING
April 13, 1964
A regular meeting of the board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, April 13, 1964, at 7 :30 P.M. Chairman Cole,
Messrs . Brown, Burnell, Cataldo and Sheldon were present
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present . Mr . Legro, Town Counsel, arrived later
in the evening.
Mr. Carroll said he would like to discuss janitors '
overtime as far as various groups are concerned. He
referred to the use of the hall on Saturday night by
the Knights of Columbus and reported that the organi- Janitors '
zation paid the janitor . Sunday, the School Department overtime-
had the use of the hall from noon until 6;00 P.M. so it hall
was necessary for all three men to come in and work rentals
three hours cleaning from the night before . He said he
understood the School Department would not be charged
for any overtime :
The Chairman said that was correct, any town affair ,
Mr . Carroll asked what happens on the three hours
Sunday that the janitors had to work
Mr. Cataldo said the organization should pay for the
cleanup whether it goes into overtime or not, even if the
next day was an ordinary work day
The Chairman suggested that Mr. Carroll come in next
meeting with his recommendations on the subject written
out .
Upon motion duly made and seconded, it was voted
to grant petition of the Boston Edison Company and the
New England Telephone and Telegraph Company for permission
to install an anchor guy, to run and maintain wires off Anchor guy
pole 169/13, Park Drive.
The Chairman read a letter from the law firm of
Nutter, McClennen & Fish, -epresenting the Plough Broad- Pole
casting Co , Inc. (WCOP) , advising bHat the company has locations
withdrawn its objection to petition of the Boston Edison
Company for the location of seven poles on Concord Avenue.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the following
pole locations :
_1A
Ca_
Concord Avenue, northeasterly side, southeasterly from
a point approximately 2165 feet southeast of
Chadbourne Road, --
Six poles
Concord Avenue, southwesterly side, approximately 580 feet
northwest of Lexington-Belmont Town Line, --
One pole
Letter was received from the Minute Man Highlands
Association asking for some indication as to when it
might expect some preliminary plan or a beginning of the
sidewalk construction on Concord Avenue .
Mr. Carroll said he was not present at the meeting
when the Board decided to construct a sidewalk on Con-
cord Avenue and asked where it is to be built.
The Chairman replied from Waltham Street in an
Sidewalk Concord easterly directi n. He said the Board increased the
sidewalk budget to $25,000 and Mr. Carroll had a carry-
Avenueover of $15,000. He stated that the Board had not
determined what length of Concord Avenue it would go and
asked how much could be done for $10,000
Mr. Carroll replied that at one time he gave the
Board an estimate only of $20,000. He figured from
Waltham Street to Pleasant Street at $18,000 and from
Pleasant Street to WCOP, $11,000, or a total of $29,000.
Mr. Burnell said the Board should authorize spend-
ing the amount it decided to spend and go as far as
it can with that
Mr. Sheldon said the Association wants to know
what the Board is going to do with the money already
appropriated.
Mr. Burnell said it is interested in timing, and
Mr. Carroll explained that he does not start sidewalk
construction until the fall.
Mr. Burnell suggested advising the Association
that this is on the fall schedule
Mr. Carroll said the Board should make the decision
on where the sidewalk is going
The Chairman said a portion of the sidewalk money
should be used, and the sidewalk constructed as far as
that money would go
Mr. Cataldo reminded the Board that it was obligated
to the original petition.
Mr. Carroll said the original petition was to house
#137 and if it is carried only to there, there are new
houses now constructed below that, and he thought there
would be agitation right away
QFI7.
Mr. Cataldo was in favor of finishing the job be-
cause it wound be more expensive to complete it at a
later date .
Mr. Carroll said the sidewalk should be built to
Pleasant Street and stop there or go all the way down
as far as the houses are built .
Mr. Burnell asked if Mr. Carroll was talking about
taking the sidewalk to almost the entrance of the
hospital, and he replied in the affirmative .
Mr. Carroll said the contract for sidewalks would
be in the late summer or fall
Further consideration of tax title offers received
from Donald K. Irwin, and a Mr . Cram were held over at Tax title
Mr. Gray 's request.
Upon motion duly made and seconded, it was voted
to revoke any and all outstanding permits for the
storage of gasoline and other fluids on premises at Gasoline
34 Bedford Street ; the owner of the property, Lexington permit
Plaza Trust, having abandoned the use of the property
as an automobile and service station, demolished the
buildings and removed the gasoline storage tanks .
Upon motion duly made and seconded, it was voted
to approve Public Official bond No. 86-72-23 in the Bond
amount of $3,000 on behalf of Constable Paul E. Furdon.
Upon motion duly made and seconded, it was voted
to certify the character oftie following individuals Cert . of
who have applied to the Secretary of State for Certifi- Inc .
cates of Incorporation:
John F. Cogan, Jr , 29 Patterson Road
Nishen Simonian, 224 Woburn Street
Helen R. Martis , 104 North Street
Roland E. Shaine, 37 Tower Road
Nathan C. Hubley, Jr , 15 Highland Avenue
Herman h. VanSchuyver, 11 Barrymeade Drive
Letter was received from Mr. George P. Morey, Chair-
man of the Trustees of Public Trusts, advising of bal- Trust
antes available for distribution in the Bridge Charitable Funds
Fund and the Elizabeth Bridge Gerry Fund .
Request was received from Mxs Louisa W. Valley, on
behalf of the Evening Alliance of the Follen Church to April 20
conduct a food sale and refreshment stand on the front
lawn of the church, April 20. The Board had no ob-
jection.
s �.
f
The Chairman reported that he received a verbal
request from the Young Republicans for permission to
April 20 use the alleyway at the Federal Savings and Loan Bank
stand for a stand April 20 and had receive& permission from
Mr. Samuel Parker of the bank The Board had no ob-
jection.
Upon motion duly made and seconded, it was voted
Dump to grant a yearly dump permit to L. H. Buss Co. of
permit Woburn The company does landscape work in Lexington
and has material to, dispose of at the dump.
Upon motion duly made and seconded, it was voted
to grant the following licenses : Sunday Sales - Ward-
Licenses robe 's Pharmacy, Inc . , Woodhaven Country Stores, Inc. ,
Concord Hill Market, Town Line Pharmacy; Auctioneer -
Stephen T. Russian, 47 Turning Mill Road .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on April 6, 1964
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, if
Session made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following Mr. John Carroll 's report relative to the
garbage contract, it was voted to resume the open meeting.
Mr. Stanley Roketenetz and Mr. Alex Roketenetz
met with the Board
The Chairman read the bids submitted by Roketenetz
for one, two and three years, and stated that the Board
Garbage as considering awarding them the contract but was de-
contract bating whether to award it for one or three years. He
explained one of thereasons is the equipment and stated
that the Board realizes it cannot force him to buy new
equipment.
Mr. Stanley Roketenetz said in any event they would
upgrade the equipment, but has made no provisions for
putting new equipment on. He said the equipment would
be upgraded within a month or two months at the most and
would probably replace the two trucks presently in town.
He said they might put on new equipment but he did not
think so .
The Chairman asked if he had any question on the
contract, and he replied in the negative
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The Chairman asked how the Board stood on the interim
period from May to June 1.
Mr. Stanley Roketenetz replied that he and Mr. Carroll
had reached an agreement of $5,000 for one month and he
was waiting now for a letter from Town Counsel .
The Chairman asked if, on an interim basis of one
month, they would take it for $5,000
Mr. Stanley Roketenetz replied as soon as he received
a letter, and if accepting it would cover it
The Chairman said he assumed Mr. Roketenetz was in-
terested in a three-year term rather than one year
Mr. Stanley Roketenetz replied that they were inter-
ested in a three year contract and would like it. He
said the provisions of the contract call for $5,000 cash
or certified check being posted with the Town Treasurer
He said he would like to work it out where he could put
up a bank book and draw interest on it with an assignment
to the Town
Mr. Carroll said there was no problem there and stated
this has been done before in subdivisions
Mr. C taldo said this was different than a subdivision
and he could see depositing the $5,000 in a savings bank
but have the account so they could not default .
Mr Sheldon stated that the assignment would cover
that, and is the same as if there was cash in the bank.
Mr. Legro arrived at the meeting at 8 20 P.M.
Mr. Stanley Roketenetz said the contract calls for
$5,000 posted with the Town Treasurer and he would like
to have $5,000 put in a savings bank account so he could
draw interest, with an assignment to the Town
Mr. Legro said he would have no objection to that
The Chairman asked if that was the only question
Mr. Roketenetz had and he replied in the affirmative.
Mr. Legro said there could be an assignment and
withdrawal slip.
Mr. Burnell asked how many units Mr. Roketenetz
had in operation and he replied nine units, two in
Lexington.
Mr. Burnell said the contract calls for three
Mr. Alex Roketenetz said the new contract does
Mr. Stanley Roketenetz said if the job is being
done well with two trucks, he thought the contract has
been going along very satisfactorily and it would be a
waste to have extra equipment . He explained that in
the summer, he does have three trucks and if need be,
they do run the fourth one. He said he knew the con-
tract calls for three trucks and he knew the Board could
enforce it He asked if, they were doing a satisfactory job
at present, not including the summer months when there will
be three trucks, they could adjust this with the Super-
intendent of Public Works if the coverage is there. He
470
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said the basic end of the contract is that they collect
garbage to the satisfaction of the Town
The Chairman said the Board, in fairness to all
bidders, is bound by the contract
Mr. Burnell said the contract calls for three trucks .
Mr. Sheldon said that if, during the winter it is
felt by Roketenetz that two trucks are enough and this is
approved by the Superintendent of Public Works, would
this vitiate the contract.
The Chairman said this is something for the Board
to discuss and he would let Mr. Roketenetz know
Mr. Stanley Roketenetz said he has a nephew who
has been running the routes and all in all, it has been
going well, and a third truck sometimes would have some-
one else He said it is not the truk that does the
work, it is the men.
The Chairman said the Board would discuss the subject
and let him know either through the Superintendent of
Public Works, the Town Counsel, or the Board directly.
Mr. Cataldo asked what equipment Roketenetz had in
Town now, and Mr. Roketenetz replied one box truck and
one garbage-type truck.
Mr. Cataldo asked how old the trucks are, and Mr
Roketenetz replied one is a 1952 and one a 1959
Mr. Cataldo asked what the third truck would be, and
Mr. Roketenetz replied that he has a truck that was re-
built and one of the men smashed it up He said it
could not be distinguished from a new one, is a box truck
with cover and being rebuilt. He said Packer trucks are
too expensive to use and maintain.
Mr. Cataldo asked if the equipment would be upgraded
and if Packers would be used.
Mr. Alex Roketenetz replied he put in two Packers
and they have the Packers here now. He said the problem
is the right men don't operate them
Mr. Stanley Roketenetz said his brothers agreed to put
in equipment which will be all rebuilt, the three trucks
within two months . He said occasionally they had three or
four breakdowns in one day and then they have to resort to
something not in keeping
Mr. Legro referred to the $5,000 deposit and asked if
their only concern was realizing the benefit of the interest.
Mr. Stanley Roketenetz replied that basically that is
what he had in mind.
Mr. Legro said he thought this could be worked out.
The Roketenetzes retired at 8 33 P M.
Mr. John Sappett, the second low bidder on garbage
collection, met with the Board.
1
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The Chairman asked if he had any questions , and he
asked if he would get interest on the $5,000 deposit the
Town is requiring.
Mr. Legro replied that he thought arrangements
could be made so he would receive the benefit of the
interest
The Chairman asked if he had any question on the
contract at all, and he replied in the negative
Mr. Sheldon asked if Mr. Sappett would accept the
contract on a one-year basis if he were selected.
Mr. Sappett replied he would take it on a one-year
basis but he would prefer three years, as he would put
on three trucks if he received the contract
Mr. Cataldo asked if he would definitely put on
three trucks, and he replied in the affirmative
Mr. Burnell asked how many trucks he was using in
Marlboro, and he replied two.
The Chairman saidthe Board rd would discuss the sub-
ject and he would hear from the Board.
Mr. Sappett asked how soon, and the Chairman replied
shortly.
Mr. Sappett said it is difficult to get trucks
Mr Sappett retired at 8:38 P.M.
Letter was received from Chief Rycroft relative
to the appointment of a Policewoman to be assigned
to the Adams School crossing Appointment
Upon motion duly made and seconded, it was voted
to appoint Mrs . Margaret E. Broderick, 15 Maple Street,
a Woman Police Officer for school traffic duty, effec-
tive May 1, 1964
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 further discussion between the Board and
Mr. Carroll on the garba;:e contract , discussion with
Roketenetz., discussion pertaining to a Special Town
Meeting, and conference with the Board of Assessors, the
meeting adjourned at 10:20 P.M.
A true record, Attest:
CL iv ler , Select nen
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SELECTMEN 'S MEETING ,
April 22, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Wednesday, April 22, 1964, 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
Miss Mary R. McDonough, Assistant Town Clerk, met
with the Board for the drawing of five jurors. The fol-
Jurors lowing individuals were drawn for jury duty: Oharles P.
Alexander, 6 Augustus Roau ; Victor A. Lewinson, 1 Hunt
Road; Walter A. Kmiec, 27 North Hancock Street; William T.
Welsh, 11 Childs Road; Kenneth Stewart, 54 Turning Mill
Road
Miss McDonough retired
Hearing was declared open upon application of the
Archdiocese of Boston for permission to store 2510
gallons of #2 fuel oil underground on premises located
Fuel oil at 1979 °iassachusetts Avenue
storage Reverend Father Fitzpatrick, representing the
petitioner, was the only person present at the hearing.
Notice of the hearing was mailed to the petitioner,
owners of property deemed to be affected as they appear
on the most recent local tax list, and also advertised
in the April 9, 1964 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 the Archdiocese of Boston to main-
tain an underground tank for the storage of 2510 gallons
of #2 fuel oil underground on premises located at 1979
Massachusetts Avenue
Mr. Carroll reported on bids taken for sewers, drain,
force main and pumping station.
Upon recommendation of Mr. Carroll and Whitman & Howard,
Bid the engineers, it was voted to award the contract to the
low bidder Ricci & DeSr=ntis Construction Co . , 17 BlakeVille
Street, Dorchester, in the amount of $148,563 .50.
Mr Carroll mentioned an article in connection with
the installation of flashing lights at Revere and Hill
AL 4e 3
Streets and reported the total amount of money in the Traffic
estimate is $1,767 but he recommended that the Board appropri-
request an appropriation of $2,000 ation
Mr. Carroll presented a plan which he explained
was the area on Rindge Avenue where there is a water hole
problem. He advised that Mr. Cataldo had asked him to
look at it with a view toward trying to solve the problem
He reported that the Town has a drain along the edge of
Town lots which empties into a pond with no outlet. Mr
Cataldo suggested to him that the knoll is in Arlington
and his idea is that the Town of Arlington officials be Drainage
approached to push the knoll in to fill the pond and Rindge
also fill two other small ponds. Mr. Carroll explained Avenue
that the drain would nave to be extended into the Arl-
ington reservoir
Mr. Cataldo said the Board had a letter from the
people in the area where the Town is draining into the
land. He reported that he asked Frank OtHara of Arl-
ington what would have to be done and was advised that
permission would have to be obtained from the Town
Manager and he was sure there would be no objection.
He explained that Lexington owns each side of the water hole,
and said the Town would have to take the pond or negotiate
for it .
The Chairman asked who owns the land the Town would
have to take.
Mr. Carroll replied Vasseur, across the street
Mr. Burnell asked if the land would be taken for a
purpose other than filling it in to make it safe, and
Mr. Carroll replied that it would have to be taken for
some other purpose.
Mr. Cataldo said it would be for a neighborhood
play area He said the drainage problem would be
corrected, the area would be cleaned up and there would
be a playground for the children in the area.
The Chairman asked who would construct the drain
to the reservoir
Mr. Burnell recalled that a few years ago the Town
attempted to put a playground in this area, but the land
was owned by Busa and the Planning Board could get nowhere
with him. He said the area is without a playground and
he thought there should be one, and suggested that Mr.
Gray and Mr. Carroll work it out.
Mr. Cataldo said he would be willing to follow it
through because he knows the Arlington officials well.
The Chairman said as a matter of protocol perhaps
Mr. Gray and Mr. Carroll should handle it and suggested
that it may involve Town Counsel
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Mr. Carroll reminded the Board that no funds are
now available and the Town would have to have authority
to make a taking which would involve the Town Counsel.
Mr. Carroll said he felt the Town of Arlington
would have to present this to a Town Meeting and mentioned
the recent Busa situation. He recommended, as a first
step, that Lexington go to Arlington, and if the officials
are in favor, the next step would be to talk to the owner
of the lots and try to negotiate.
Mr. Cataldo said the whole matter should be ddscussed
as a package and Arlington should be requested to put a
malb.hine in there to clean up its side.
Upon motion duly made and seconded, it was voted
Pole, guy to grant the petition of the Boston Edison Company and the
wire and New England Telephone and Telegraph Company and sign an
anchor order for the following j/o pole, guy wire and anchor
locations :
Cedar Street, -- Sixteen poles.
uuy wire and anchors on eleventh and
thirteenth poles
The Chairman read a letter from the Armory Commission,
Sidewalk Commonwealth of Massachusetts, requesting the installation
of a sidewalk in front of the National Guard Armory on
Bedford Street.
Mr. Carroll reported that he talked to the Clerk of
the Works and there is approximately 150 feet involved.
He reminded the Board that this is a State road and he
did not know whether betterments could be assessed against
a State agency. He reported that the State will not
build the sidewalk.
Mr. Sheldon said if money was spent in this area, it
could mean that some other area would not be done.
Mr. Carroll advised that this would involve $200 and
he has sufficient funds in his budget, but permission
would have to be obtained from the State
Mr. Legro advised that the Board might negotiate with
the State for payment in lieu of betterments
The Board was unanimously in favor of installing the
sidewalk.
The Irwin and Cram offers for the purcnase of tax
Tax title title offers were held over at the request of Mr. Gray
Letter was received from Paul B. Lloyd, on benalf
of the 4-H Volunteers Horse C'ub, requesting permission
4-H Horse to hold their annual horse show on Sunday, June 7, at
Show #6 East Street, property owned by Mrs. W. John Baskin.
1 '15
Permission was also requested to place signs at strategic
points the day of the show
Mr . Cataldo reported that Mr. Lloyd called him about
using the dump on Lincoln Street because Mrs . Baskin no
longer wants it on her property due to the heavy traffic ,
and complaints from neighbors . ahe is willing to let the
group use her property this year, but it is to be the last
year.
Mr. Sheldon asked if it wouldn't be better for the
group to use the Baskin land this year and consider the
dump area next year.
Mr. Burnell stated that the dump area may not be
available next year if the Board is unsuccessful in ob-
taining a plan from Mr. Snow. He suggested the Middelby
Road School area.
It was agreed to hold the request over until Mr.
Cataldo has had an opportunity to contact Mr. Lloyd and
discuss the possibility of using C. C. & F. land.
Mr . Gray read a letter from the Building Inspector
with reference to removal of loam, recommending an
amendment to Article 27 of the General By-Laws . Removal of
Mr. Legro advised that the subject should be re- loam
ferred to the General By-Law Study Committee which the
Board agreed to do.
A communication was received from William Roger
Greeley with further reference to the Willard 's Woods. Willard 's
It was agreed to advise Mr Greeley that all the Woods
Town contemplates at the moment is to clear up some of
the fallen timber.
The Chairman read a letter from Jules P. Sussman,
Chairman of the Conservaticn Commission, asking that
the Commission be notified in the future of matters per-
taining to tax title land, including intentions to sell, Tax title
to place tax titles on lots , or the foreclosure of the lots
same . The Commission also requested an up-to-date list
of tax title lots .
The Board felt that where large tracts , or a combi-
nation of several lots , are concerned, it would have no
objection to notifying the commission, but felt it was
not necessary to advise it of individual tax title lots .
It was also agreed that the Commission could copy the tax
title card files but that the cards should not be taken
from the Selectmen's Office
Upon motion duly made and seconded, it was voted
to grant the Lexington Junior Chamber of Commerce per- Jaycees '
II
mission to enclose a label of emergency telephone numbers label
in the water bills, Mr. Carroll having no objection.
176 S -
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Upon motion duly made and seconded, it was voted
to certify the character of Jack G Wallens, 35 Barberry
Cert . of Road, who has applied to the State for a Certificate
Inc of Incorporation, satisfactory character references
having been received from Chief Rycroft
Messrs . Legro and Carroll retired at 8:30 P.M.
Upon motion duly made and seconded, it was voted
to grant permission to nertram P. Gustin to conduct a
Use of hall Household Auction in Estabrook Hall on May 4, 1964, from
4:00 P.M. until 10 :30 P.M. , subject to the regulations
for the use of Cary Memorial Budding
Upon motion duly made and seconded, it was voted
to grant permission to the Premiere Performance Company
Use of hall to use Estabrook Hall on April 24 from 7 :30 P.M. until
10:00 P.M. , subject to the regulaticns for the use of
Cary Memorial Building
Upon motion duly made and seconded , it was voted
to grant a Yearly Dump Permit to Republic Rubber Co. ,
Dump Permit 25 Kempton Place, West Newton; the truck to be used
by Mr. Louis J. Visco, 2118 Massachusetts Avenue, Lex-
ington.
Upon motion duly made and seconded, it was voted
Street to sign Orders for the following streets accepted by
Order§ vote of Town Meeting held on March sixteenth and ad-
journed to March twenty-third:
Bryant Road Phinney Road Albemarle Avenue
Fairbanks Road Rogers Road Blake Road
Fessenden Way Rolfe Road Dunham Btreet
Marshall Road Sanderson Road Mowers Road
Mill Brook Road Suzanne Road Sullivan Street
Page Road Tufts Road
Upon motion duly made and seconded, it was voted
to grant the following licenses, all renewals
Brigham's, Inc. Sunday Sales
Hancock Market
Licenses John Corbett Guide
John A. Graham
Maribeth Leonardo
"
plan Silverman
Upon motion duly made and seconded, it wa voted
to approve the minutes of the Selectmen's Meeting held Minutes
on April 13.
The Chairman stated that an appointment to the
Board of Assessors should be made before May 1, and
names mentioned for consideration were Frederick J.
Conroy, George Baldwin and Newton E. Bennett Assessor
Upon motion duly made and seconded, it was voted
to appoint Newton E. Bennett, 113 North Street, to the
Board of Assessors for an unexpired term ending January 1,
1966, to fill the vacancy caused by the r-signation of
Mr. Edward J. Gildea.
Appointments to the Route 3 Advisory Committee and
the Board of Fire Engineers were held over until the Appointh
next meeting of the Board. ment
The Chairman read a letter from Chief Rycroft
submitting the name of Arthur J. Kee, 160 Emerson Road ,
for appointment as a Special Police Officer Mr . Kee
is employed by the Lexington Trust Company and on oc- Appoint-
casions steps out on Muzzey Street to hold up traffic
exiting from the rear of the bank. ment
Upon motion duly made and seconded, it was voted
to appoint Arthur J. Kee a Special Police Officer for
a term expiring March 31, 1965.
Upon motion duly made and seconded, it was voted
to appoint Albert Gray, Jr. , Executive Assistant to the Liaison
Board of Selectmen, as liaison between the Board of
Selectmen and the Planning Board and any interested
parties concerning industrial development in the Town.
Mr. Gray said he would inform Cabot, Cabot & Forbes ,
Meredith & Grew and any other concern involved in sell-
ing industrial land .
Mr. Sheldon mentioned that the Chief of Police
presently cannot consider anyone not a resident of Lex-
ington and he feels some action should be taken, and a
reque t made to have this restriction removed . The
Board was unanimously in favor
The meeting adjourned at 8:50 P.M.
A true record , Attest :
/
ecv j Cle , Sele men
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SELECTMEN'S MEETING
April 27, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, April 27, 1964, at 7 :30 P.M. Chairman
Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were
present. Mr. Gray, Executive Assistant, Mr.Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present. Mr. Legro, Town
Counsel, arrived at 8 :00 P.M.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate one pole on
Skyview Road.
Mr. Jones, representing the Boston Edison Company,
and Mr. Dunn, representing the New England Telephone and
Telegraph Company, were the only persons present at the
hearing.
Notice of the hearing was mailed to the petitioners,
owners of the property as listed on the petitioners ' plans,
and also filed with the Superintendent of Public Works .
Pole Mr. Jones explained that the proposed location
location is to hold a line pole so it won't tip towards the pro-
perty.
Mr. Carroll reported that Mr. Higgins had looked at
the location and could see nothing wrong.
The hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
3/o pole location:
Skyview Road, southerly side, approximately 278 feet west
of Wright Street, --
One (1) pole .
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 Woburn Street.
Mr. Jones, representing the Boston Edison Company,
Pole and Mr. Dunn, representing the New England Telephone Company,
location were the only persons present at the hearing.
Notice of the hearing was mailed to the petitioners,
pwners of the property as listed on the petitioners' plans,
and also filed with the Superintendent of Public Works.
Mr. Jones explained that the company is relocating
pole 12/57 to clear the entrance to a new street and the
pole will be relocated twenty feet .
Mr. Carroll had no objection to the proposed location.
The hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
j/0 pole location:
Woburn Street, southerly side, approximately 340 feet
west of Lowell Street, --
One (1) pole .
(One existing JO pole to be removed. )
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate three poles
on Asbury Street .
Notice of the hearing was mailed to the petitioners,
owners of the property as listed on the petitioners '
plans, and also filed with the Superintendent of Public
Works.
Mr. Dunn, representing the New England Telephone Pole
and Telegraph Company, and Mr. Jones, representing that location
Boston Edison Company, were the only persons present
at the hearing.
Mr. Jones explained that they are relocating one
pole fifty-two feet back from the lot line and setting
two new poles to provide service without wire crossings .
Mr. Carroll had no objection.
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 j/o pole location:
Asbury Street, southwesterly side, southeasterly
from a point approximately 122 feet southeast of
Freemont Street, --
Three (3) poles .
(One existing JO pole and guy wire and anchor
to be removed. )
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
School Street. Pole
Notice of the hearing was mailed to the petitioners, location
owners of the property as listed on the petitionersts
plans, and also filed with the Superintendent of Public
Works.
i1 $l! C s
k+l 1
Mr. Dunn, representing the New England Telephone and
Telegraph Company, and Mr. Jones, representing the Boston
Edison Company, were the only persons present at the
hearing.
Mr. Jones explained that there is a pole at the
corner of Eastern Avenue and School Street. In order to
clear the entrance to this street, it is proposed to cross
School Street so the end of Eastern Avenue will be clear
of any poles .
Mr. Dunn stated that originally the petition had
been for a guy but the a utters objected. Now no guy
will be necessary
Mr. Carroll had no objection.
The hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
j/o pole location:
School Street, westerly side, opposite Eastern Avenue, --
One (1) pole.
(One existing JO pole to be removed. )
Mr . Dunn and Mr. Jones retired.
Upon motion duly made and seconded, it was voted
to grant petition of the Boston Edison Company for
Pole permission to locate one pole on the southeasterly side
location of Locust Avenue, approximately 69 feet southwest of
Massachusetts Avenue, the proposed location having been
approved by Mr. Carroll.
Letter was received from Mr. Salvatore Ferraguto,
145 Laconia Street, inquiring about acceptance of the
Street street and the procedure to be followed.
acceptance Mr. Carroll agreed to draft a reply for the Chair-
man' s signature .
The Chairman read a letter fromMr. Burton Harrison,
29 North Street, asking if the Town would be interested
in purchasing a portion of his land on North Street
Harrison bordering Willard's Woods.
land - The Chairman suggested referring the communication
North St . to the Conservation Commission, and Mr. Burnell said it
should also be referred to the Planning Board.
Mr. Cataldo suggested, and the Board agreed, that
the Board should look at the parcel of land before the
subject is referred to any Board.
Upon motion duly made and seconded, it was voted
Civil to advise the Division of Civil Service that the Board
Service will not make any appointments at this time from Re-
List quisition List Number C64-5300.
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Letter was received from Representative F. Bradford
Morse, stating that the Architect of the Capital advised
him there is no legal restriction on the display df the
American flag twenty-four hours a day. It has been
customary to display the flag only from sunrise to sun-
set, but a growing number of communities have extended these
hours.
The Chairman said he would write a more explicit
letter.
Mb. Cataldo reported that he had talked with Mr.
Paul Lloyd in regard to the 2.4-H Volunteers ' Horse Club
show. Mr. Llo10 has an appointment with the Vice
President of Cabot, Cabot & Forbes to discuss the possi-
bility of using their land for the show.
Upon motion duly made and seconded, it was voted
to grant _permission to theH Volunteers' Horse Club
show. on ; 1 7i: 1964Itegl,nxdrigr- g-04.-00 ,,M. 'op mo-
Pert,' owned bya a, WshJoha 140044 a d Isolated on. $asti- Horse
6ttbeb, Or o nproporty_ownedcby Cabot, Cabot & Forbes Show
locatdd nn Hartwell Avenue .
Letter was received from Mr. James F. Fenske re-
signing from the TownCelebrations Committee.
Upon motion duly made and seconded, it was voted Appointmen
to appoint Mr. Maurice D. Healy a member of the Town
Celebrations Committee for an unexpired term ending
April 30, 1965 to fill the vacancy caused by Mr. Fenske 's
resignation.
Upon motion duly made and seconded, it was voted
to appoint Mrs. Marilyn L. Hall, 60 Ledgelawn Avenue,
to the Town Celebrations Committee for a three-year Appoihtmenl
term expiring April 30, 196$. Mrs . Hall will replace
Mrs. Shirley D. Bayle.
The Chairman reported that he and Mr. Cataldo sent
a letter to the Package Goods Stores requesting them to
close on Tiesday, Presidential Primary Day.
Mr. Cataldoreported that Mr. Connors called him as
a result of a call from Trani & Licciardi, and stated Package
that they were questioning the closing, the first in ten Goods
years . Stores
Mr. Cataldo said he would not reverse his decision.
Mr. Burnell said if the Board has a policy for
closing on one election day, it should apply to all
elections, but personally, he would be in favor of con-
sidering these as just another commodity
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Upon motion duly made and seconded, it was voted
not to authcrize the Package Goods Stores to remain open
during polling hours on Presidential Primary Day, Tuesday,
April 28, 1964.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on April 22, 1964.
The Chairman read a lett:r from the Chamber of
Commerce requesting the Board to place an article in
the warrant for the June Town Meeting to have the paving
of the Mariam Street parking lot extended.
Parking Mr. Sheldon inquired about the amount of money
area involved, and Mr . Carroll said it would be approximately
$20,000 without the access. This figure includes the
the construction but not the land acquisition. He said
if the Board decides to put an article in the warrant, this
as an individual project will cost more than if it were
included in the street contract.
Mr. Cataldo questioned if there was sufficient time
before the Special Town Meeting to act on this, and would
hold up the present program if it was to be included with
the contract for constructing streets accepted this year err' +o p it
and to put it out on contract as an individual project
would be expensive and there would be a limited number of
bidders.
The Chairman said just prior to the Annual Town
Meeting the way finances stood this year, this was one
of the things the Board felt could be postponed.
Mr. Sheldon suggested that the Board find out if
the access is necessary and if the plan is one the Board
wants to adopt .
Mr. Brown stated that the access is necessary and
he did not think the Board should do anything untilthe
Town has the access which he thought would affect land
values .
The Chairman said he would advise the Chamber of
Commerce that the Board of Selectmen feels the access
is necessary along with the paving and had agreed to
consider it at the next Annual Town Meeting.
Mr. Burnell said the Board should start to move
on the basic things here.
The Chairman said this is an area in which Mr.
Gray could act.
Mr. Gray said, basically, the Board would have to
start with the Public Works .
Mr. Carroll advised the Board that he has a plan.
The Chairman asked Mr Gray to look at the plan and
tell the Board about it next week.
1 Q4
The Chairman read a letter from M. G. Dearborn re-
questing the Board to insert an article in the warrant
for the Special Town Meeting to extend the sewer in
Worthen Road to serve Grace Chapel Sewer
Mr. Carroll advised that this involves $18,000.
Mr. Sheldon asked if this extension would be as
far as Mr. Carroll would want to go for the time being
Mr. Carroll stated that the rest of the way will
cost $25,000, and explained this is an odd situation
because Grace Chapel is the only building on the road
at the present time, and there is nothing there to be
served
Mr. Sheldon asked about the difference in cost if
the sewer is constructed piecemeal or all at one time.
Mr. Carroll replied it is more economical to do it
all at once.
Mr. Cataldo pointed out that regardless, there
would only be one house that could be serviced by this
extension beyond Grace Chapel, and Mr. Carroll agreed.
Mr. Brown mentioned that there is something being
considered for the land in the area and possibly the
Board should give some thought to extending the sewer.
Mr. Legro pointed out that there is land on
Worthen Road that cannot be assessed.
Mr. Carroll explained that Grace Chapel is trying
to avoid building a septic tank and a leaching field,
and said this is an expensive sewer for a small number
of betterments. He said on the basis of the first
group of streets, it looks as if there might be money
left over at the end of the year, at which time possibly
something could be done for these people
Mr. Brown pointed out that if the church is refused
now, the Board might be approached later for the Seth
land and be in a position where it would have to construct
the sewer . He said he understood the apartment question
was coming up again.
Mr. Cataldo said, in view of the fact the church has
requested the sewer, he thought the Board should conisder
including an article in the warrant and see whether or
not the Town Meeting Members will vote it
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the construction
of a sewer in Worthen Road
Mr. Carroll pointed out that a formal petition should
be sent out for abutters ' signatures.
The Chairman recommended that Mr.Carroll follow the
regular procedure.
Mr. Legro said he would like to discuss the articles
for the June Town Meeting now or at a special session of
the Board.
184
f
Mr. Gray was requested to obtain all pertinent in-
formation on each article to assist Mr. Legro in draing
them
Mr. Snow and the Recreation Committee met with the
Board .
Mr. Snow presented a plan stating that he was given
a set of plans last fall which he understood the Re-
creation Committee and School Committee had agreed would
be the plans for the playground. He said he discussed
this plan with the Board of Selectmen on December 23 and
thought he was given at that time approval to go ahead
with a particular scheme, which he did.
Mr. Snow explained three possible schemes for de-
velopment of the so-called Worthen Road recreation area.
The Chairman said what the Board wants is something
that will be acceptable to everyone.
Mr. Brown suggested that any future meetings with
Mr. Snow be held with the Recreation Committee, the School
Committee and one member from the Board of Selectmen.
The Chairman asked that two members from the Recre-
ation Committee, two members of the School Committee,
Mr . Gray, representing the Board of Selectmen, and Mr.
Carroll met with Mr. Snow for an initial meeting, after
which Mr. Snow could go to work
Mr. Kelly said his committee could meet within two
weeks .
Mr. Cataldo said before the committee meets, the
Selectmen should know what is going to happen to that
piece of land, and Mr. Kelly stated it is under the
jurisdiction of the School Committee.
Mr. Snow said he could have the plan ready in two
weeks after he receives a decision.
Mr. Gray was requested to assume the responsibility
of getting the group together.
Mr. Kelly said the committee has a Little League
Diamond it wants to cut in without waiting for any plans.
They want to cut it in on the grassed-in filled in area
next to Worthen Road which will take the Little League
Diamond away from the tennis courts. He said they would
like to put in a backstop even if it has to be taken down
in five years, and if the Selectmen will go along with
this, Mr. Carroll can start the work.
Mr. Burnell asked what influence this would exercise
over Mr. Kelly's judgment of the plan.
Mr. Kelly replied that he was sure it would be mis-
placed and he did not see why it should influence his
judgment. He said he could not visualize this as being
185
very significant as far as money is concerned, and would
be glad to wait until the very last moment of the deadline
theopinion of Mr. Carroll and Mr. Mazerall,in the Y
can still meet the deadline of June 1. He asked if Mr.
Carroll could go ahead if the overall plan is not ready for
the deadline.
Mr. Carroll said if a field is placed in the area
near Worthen Road , people will want a fence put up which
everyone agrees is needed, but he could not put up a fence
until the locations of the openings have been determined.
He stated that if the Little League Field a rushed, the
fence will have to be rushed .
Mr. Kelly agreed that a fence would be necessary and
suggested twat snow fence would be sufficient for a year
and by that time, they would know where to put a permanent
fence.
Mr. Carroll said he did not think snow fence was very
satisfactory; it won't last long, and the fence will be
gone .
It was agreed to set a two-week deadline, at which
tiie a plan satisfactory to all concerned would be com-
pleted.
Mr. Snow and the Recreation ammittee retired at
9:13 P.M.
Mr. Gray reported briefly on the Busa property.
Mr. Legro said he knew what Mr. Busa talkkd about
before, Section 8 of his subdivision won't be approved
by the Planning Board until there is adequate drainage
provided, involving draining into the G-eat Meadows.
The Planning Board and he told Mr. Busa it was up to
him to arrange for the acquisition of flowage rights
from the Town of Arlington.
Mr. Legro said he looked into the Great Meadows '
file and the title is a confusing proposition. He
could see very little hope unless Arlington gives Mr.
Busa flowage rights . He advised that the land could
not be taken by eminent domain. It is located in the
Town of Lexington but it is held by Arlington for a
public purpose. He stated that, according to the file,
Arlington gets water into its system through a pipe and
therefore keeps the rights open. He said possibly Lex-
ington could acquire it from Arlingtmn with their ac-
quiescence and an Act of Legislature.
Mr. Cataldo asked what the Bo: rd of Selectmen would
do if four or five more houses were built and they peti-
tioned for acceptance of the street .
1
86 a�
r.
�wr
Mr. Legro replied he presumed the Board would try
and arrange with Arlington, and if unsuccessful, go in
for legislative authority. He explained that there is
very clear indication in the file that some of this land
is held under outright grant and some of it is held under
implied trust whereby the land will revert to the grantors
or their heirs if the use is abandoned or changed.
The Chairman told Mr. Legro that Mr. Busa had been
denied by the Town of Arlington and asked if he still
felt this was Mr. Busa's problem.
Mr. Legro replied in the affirmative.
The Chairman said if houses are built and the people
petition for acceptance, it then becomes the Board 's problem.
Mr. Legro said if the Board 'wants to put drainage in
the street that is to be accepted, it would then be the
Town's problem.
Mr. Carroll said this is the only way to take care of
the situation, and he thought it would be of benefit to the
Town of Lexington. He suggested that Lexington ask Arl-
ington if it will give drainage rights to the Town.
Mr. Cataldo said there would be no problem if this
had not already been presented to the Town of Arlington.
Mr. Legro asked if this drainage involves the part
of Circle Road where the tax title lots are so that it
would be unfortunate to sell those tax title lots.
Mr. Carroll said it would be unfortunate if the Town
was going to build the streets and drainage.
It was agreed that when the meeting with the Super-
intendent of Public Works and Town Manager of Arlington
relative to the drainage situation on Rindge Avenue is
held, that this subject be discussed at the same time.
Mr. Jules Sussman, Chairman, Mr. Ripley and Mr.
Ells of the Conservation Commission, met with the Board.
Mr. Ells presented the following proposed articles
the Commission wants inserted in the warrant for the
June Town Meeting :
1. To see if the Town will authorize the Conser-
vation Commission to secure from the United
States Department of Agriculture, Soil Conser-
vation Service, a detailed soil survey and
natural resources inventory for the Town of
Lexington, including an interpretive report,
and to see if the Town will vote to raise and
appropriate and transfer from available funds
a sum of money for such purpose; or act in any
other mapner in relation thereto.
I
187
2. To see if the Town will vote to establish a
Conservation Fund as authorized by law and ap-
propriate a sum of money thereto. (Statutory
reference : G.L. Chap. 40, 5 (51) authorizes
towns to appropriate funds "For the purpose of
establishing and maintaining a conservation
commission to promote the development and petter-
utilization of our natural resources, as author-
ized by Sec. Eight C (of Ch.40), a sum of money
not exceeding in any one year one-twentiety (1/20)
of one percent (1%) of the assessed valuation of
the preceding year, but in no event more than
fifteen thousand dollars 015,000) the whole or
any part of money so appropriated in any year
may be placed in a conservation fund and allowed
to accumulate from year to year Money may be
expended from said fund for any purposes, includ-
ing the purchase of land, authorized by said
Sec. 8C. "
The above section has been amended toremove the
ceiling on annual appropriations, but the amendment
will not become effective until June 26, 1964.
3. To see if the Town will authorize the Conservation
Commission to contract, in the name of the Town
and with the approval of the Board of Selectmen,
with any agency or the United States Government
in order to obtain financial assistance for the
purchase of open space land, and to receive and
expend Federal and other funds .
Followingante x
xplaiation of the proposed articles
and discussion with the Board, the Conservation Commission
retired at 9 :55 P.M.
Upon motion duly made and seconded, it was unanimously
voted to insert the Commission's proposed article three in Article
the warrant .
Upon motion duly made and seconded, it was voted
to insert the Commission's proposed article two in the Article
warrant ; three membcrs of the Board voting in favor and
two opposed.
Upon motion duly made and seconded, it was voted
not to insertCommission'sArticle
the proposed article one in
the warrant; three members of the Board voting in oppo-
sition and two in favor.
I. 88 t.
Crl
Mr. Gray read a letter from the Executive Health
Officer in regard to a Glaucoma Clinic to be held by
Adddresso- the Board of Health.
graph Upon motion duly made and seconded, it was voted
system to authorize the Board of Health to use the Water De-
partment 's addressograph system.
Ilkutmalt Marshall and Fireman Walton met with the
Board.
The Chairman reported that William Madden, attorney,
came in to see him today and advised that he had been
asked by the firemen to draw up a petition tp put an
article in the warrant asking for equal pay. He said
this would be a citizens ' article . He said that he
and Mr. Cataldo talked with Mr. Madden and later he re-
ceived a call from Lieutenant Marshall.
Lieutenant Marshall said he has already seen the
Fire Commissioners and obtained permission to meet with
the Selectmen. He stated that the members of the Fire
Department feel a grave injustice has been done and they
hope to gain the support of the Commissioners and the
Selectmen to put an article in the warrant to rectify
the disparity in the police and fire salaries.
Mr. Cataldo asked if Captain Marshall was repre-
senting the entire department.
Marshall replied that he was speaking for thirty-
eight or thirty-nine men. The total number is 42, includ-
ing the Chief and Deputy Chief, and the Deputy Chief is
supporting them. The Chief has given his verbal approval.
Mr. Sheldon asked if Lieutenant Marshall was a member
of the so-called Union.
Lieutenant Marshall,replied that they were presenting
this as members of the Fire Department and citizens of the
Town.
Mr. Cataldo asked about the Commissioners ' feelings.
Lieutenant Marshall stated that they are meeting this
evening and he had to get permission to leave two men there
and have two men meet with the Selectmen.
Mr. Cataldo asked if Mr. William Madden was repre-
senting the firemen.
Mr. Marshall replied that Mr. Madden is representing
them only to seek the proper procedure to bring this article
before the Town Meeting.
Mr. Marshall read aletter which he said was dated
January 20, 1964, addressed to the Fire Commissioners.
The Chairman said he understood that the firemen were
gLing to have a citizens ' petition to have this article
in the warrant .
Lieutenant Marshall said it was his understanding
that they would have to have 100 signatures
S9
Lieutenant Marshall replied that they do not have
the article yet and if they can legally put it on, they
hope to do so. He said when the proposal is drafted,
they will try and get the signatures.
The Chairman advised that May 4 at 4:00 in the
afternoon is the deadline for submitting articles, and
stated that the Board would consider the matter and let
Lieutenant Marshall know.
Liettenant Marshall and Fireman Walton retired at
10:15 P.M.
Mr. Sheldon suggested that the Board take no action
at this time and invite the Fire Commissioners to meet
with the Board next Monday.
Upon motion duly made and seconded, it was voted
to advise Lieutenant Marshall that the Board has no
desire to enter an article for them and also to advise
them that they have their usual rights as citizens that
will permit them to insert an article.
The Chairman read the following names for consideration
as appointment to the Board of Fire Commissioners : William
Cataldo, Joseph 0. Rooney, Alden F. Stucke, Richard Kimball,
Fred C. Bailey, Haskell Reed and Paul Yewell. Fire
Upon motion duly made and seconded, it was voted
Commies-
to appoint Fred Coolidge Bailey, Coolidge Avenue, to ioner
the Board of Fire Commissioners for a three-year term
expiring May 1, 1967.
Appointment of a member to the Route 3 Study Com-
mittee was held over.
Upon motion duly made and seconded, it was voted
to appoint the following individuals Special Police
Officers for theterms expiring March 31, 1965:
SPECIAL POLICE OFFICERS
March 31, 1964 - - March 31, 1965
Lincoln P. Cole, Jr. Selectmen Robert Cataldo
Otis S. Brown, Jr. Levi G. Burnell
George C. Sheldon
Albert Gray, Jr. Ekiedtive Assistant
Bernard J. Belcastro Chief, Fire Department
John J Carroll Superintendent, Public Works Dept.
Paul Mazerall Superintendent, Park Department
Thomas Bentley Custodian, Town Offices
1[90 ik,
�Crq
SPECIAL POLICE OFFICERS (CONT 'D. )
II
George Doughty, Jr. School Department
Thomas F. Ryan " "
Thomas Sullivan n n
William P. Casey " to
Clyde L. Hayne " "
Duncan F. Swan " "
Oscar Heimlich " n
Edward P. Stevens " "
John Blodgett tt If
Nicholas J. Delfino " "
RalphRP: Braun n n
Herman A. Mahon " "
Joseph Bluteau " "
Raymond Stevens " "
Karl E. Nyren Cary Memorial Library, Director
William F. Buckley " " " , Asatt.Dir.
Edward T. McDonnell " " " , Janitor
Robert E. Ames n n n
Frank Langone " " It
Philip Nyren n n n
Robert F. Ingram Middlesex County Sanatorium
I
Mario DiNallo " " "
Edward Sorli " " It
Anthony Zarella " " "
Bernard J. Link " ft "
Lawrence Kclbrook, Jr. " " "
Lt. Charles E. Benedict Itek Corporation
Massachusetts Institute of Technology
Joseph E. Ewers Arthur Goodfellow
John A. Carroll Howard D. Ryder
Robert J. Vinsec William L. Spiers, Jr.
Bertram H. Adams, Jr. Edward T. Gallagher
John E. Barnes
Arthur J. Kee Lexington Trust Company
II
191
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
P p
cussing, deliberating, or voting on maters, 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 re Special Town Counsel,
1963 unpaid bills for the Fire Department, it was voted
to resume the
open meeting
Mr. Legro retired at 10:10 P.M.
Mr. Robert Meyer, Chairman of the Planning Board,
came into the meeting.
Mr. Meyer stated that, with reference to the Spring
Street rezoning, the Planning Board has chosen a line
between the zone and a buffer strip going right over the
crest of the hill. He said the Planning Board proposes,
with the Selectmen's approval, to write the attorney for
Baldwin with an offer of $19,600.00
The meeting adjourned at 11:30 P.M.
A true record, Attest :
e t iv4/C1er. , Select 6 n
r t vc.
1}
192
SRT,FCTMEN'S MEETING
Ma 6
y4, 194
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, May 4, 1964, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Cataldo and Sheldon were present. Mr.
Legro, TownCounsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr. Legro referred to the contract for sewers, drain,
fence main and pumping station which was awarded to
Sewer Ricci & DeSantis Construction Co. , Inc., in the amount
contract of $148,563.50 and reported that there is no uniformity
in the name of the contractor on the contract
Upon motion duly made and seconded, it was voted
to execute the contract when it is in proper form.
Upon motion duly made and seconded, it was voted
Engineer- to execute a contract between the Town and Whitman &
ing con- Howard, Inc. , for engineering services on the Woodhaven
tract sewer laterals, at the rate of 12% of the total con-
struction cost.
The Chairman read a letter from the Standing School
Building Committee requesting the insertion of two
School articles in the warrant for the June Town Meeting; one for
money for final design plans and specifications and to
articles obtain construction bids for the Middleby Road School;
one for money for final design plans and specifications and
to obtain construction bidsfbr the Moreland Avenue chool.
Mr. Legro suggested that Mr. Gray obtain additional
information for drawing the articles.
The Chairman read a letter from John C. Morgenstern
requesting the Board to make an offer in settlement of
damages for a sewer easement on land located on Valley-
field Strtet Lot B.
sewer Mr. ar$ro presented a plan of the taking and
easement reported that he had talked to Mr.Morgeastern before
damages he wrote the letter . He indicated the location of
the Woodhaven Trunk sewer. He recalled that the sug-
gestion had been made by the Town that it would change
the easement and the Valleyfield Trust would give the Town
a parcel of land which is north of the easement, includ-
ing all the land within the easement. The Town in turn
would give the Trust a piece of land south. He said '.
193
the Planning Board was in accord, and said that both
parcels are about the same The reason Mr. Morgenstern
wrote was to protect his interest because the one year
period from the date of entry of the original taking
is up.
Mr. Carroll stated that the Trust is in full agree-
ment that if the land exchange is made, it would sign a
release of damages, and he said it would be advisable
to have an article in the warrant to bring this to a
conclusion.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant to cover the land
exchange.
The Chairman read a letter from Mrs. James G.
Cassani, 68 Farmcrest Avenue, stating that tree roots
are spreading and ruining her front walk and she felt
it was up to the Town to take care of the situation. Complaint
Mr. Carroll said he did not know what the problem
is, and that Mr. Mazerall was going to look at it .
The Chairman said when Mr. Carroll had the facts,
he would answer Mrs . Cassani
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company Gas main
to locate a 2" welded steel gas main extension in Gleason
Road to serve gas to #11.x, Mr. Carroll having approved.
Upon motion duly made and seconded, it was voted
to sign the following pole locations, all having been Pole lo-
approved by Mr. Carroll : cations
Bedford Street, southwesterly side, approximately 15
feet southeast of Worthen Road, --
One (1) pole.
(One existing JO pole to be removed. )
Drew Avenue, southwesterly side, approximately 90
feet northwest of Bow Street, --
One (1) pole.
Drew Avenue, northeasterly side, approximately 28
feet southeast of Cliff Avanue, --
One (1) pole.
Roosevelt Road, approximately 320 feet west of
Wilson Road, --
One (1) pole.
Lowell Street, westerly side, northerly from a point
approximately 575 feet north of Woburn Street , --
Three (3) poles .
(Three existing JO poles to be removed. )
94 J
C/
Letter was received from1enry C. Murphy, Jr. ,
522 Lowell Stret, requesting the installation of a
Street street light.
light Mr. Carroll advised that he had taken care of this
request.
The Chairman read a letter from Lowell Wilkes,
4 Childs Road, recommending that either an underpass
or an overpass be provided without delay between the
Traffic Hayden Recreation uenter and the Center Playground.
Mr. Carroll reported that the estimate for the
construction of an overpass is 04,800 and it would
be more or less the same fqr an underpass He said
he did not think an overpass is the answer, but thought
lights might be.
Upon motion duly made and seconded, it was voted
to refer the subject to the Traffic Study Committee.
Mr. Carroll sai the Board should have a report
from the Police Department as to how the accident which
prompted this letter occurred
Mr Sheldon suggested that the Traffic Study Com-
mittee ask for this information and include it in a
report to the Board.
A letter from Rauf S. Argon, 18 Homestead Street,
Fences with reference to neighbors ' fences, was referred to
the Fence Viewers for an opinion.
Letter from Burton Harrison, 29 North Street, in-
quiring as to whether or not the Town would be interested
in purchasing a parcel of his land bordering Willard's
Woods, was held over.
The Chairman reported that he and Mr. Cataldo
Harrison looked at the land.
land Mr. Cataldo stated that if Mr. Harrison is going to
sell it, the Town is the logical owner. He said there
has been no price mentioned and suggested that Mr. Gray
contact Mr. Harrison and find out what he has in mind.
He said the parcel is not worth too much.
Mr. Cataldo, with reference to the drainage situ-
ation on Rindge Avenue, reported that a meeting had been
Rindge held with the Arlington Superintendent of Public Works
Avenue and he feels the Board should send a letter to the Arl-
drainage ington Selectmen requesting permission to connect the
drain into the reservoir and this should be the Board 's
next move. In the meantime, Mr. Gray should contact
the owners of the two lots of land involved.
The Chairman ksked if this would take Town Meeting
action, and Mr. Cataldo replied that the Superintendent
1[ 95
did not think so. It was his opinion that Lexington,
being another town, might be granted permission from the
Selectmen to drain into the reservoir.
It was agreed to have Mr. Carroll draft a letter to
the Arlington Board of Selectmen for the Chairman's signa-
ture
Mr. Cataldo reported that he discussed the proposed
partition in the Selectmen's Room with Mr . Donald Nickerson
whose first impression was thrt he would not like to see
any partition at all. However, he felt he could do an Partition
acceptable job erecting a four-foot partition with glass
and said he would work as close as he could to $650.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to proceed with the partition.
Mr. Cataldo suggested,gg , and the Board agreed, that
a letter should be sent to the Rotary Club thanking it Town flag
for the Town flag.
Messrs. Legro and Carroll retired at 7 :53 P.M.
The Chairman read a letter from John E. McGrath,
15 Rumford Road, complaining about a Golden Retriever
dog, Blaze, owned by Murray Herscott, 12 Rumford Road Herscott
He also read the Dog Officer's report and recommendation dog
Mr. Brown said he had received a number of complaints
from other people in the neighborhood
Upon motion duly made and seconded, it was voted
to order Mr. Murray Herscott, 12 Rumford Road, to keep
his Golden Retriever dog, Blaze, restrained at all times.
The Chairman read a letter from the Dog Officer
requesting the Board to take appropriate action in es-
tablishing a so-called Leash Law. Leash Law
Mr. Sheldon said this would require action by Town
Meeting and he was opposed to it. He said if there are
a sufficient number of people desiring to put an article
in a warrant, they could petition for this under a citi-
zens ' article and have it in the warrant for some future
Town Meeting.
The Ci,airman said he thought it should go on a
referendum, but Mr. Adams, a former Selectmen present
at the meeting, questioned whether such a question could
be on a referendum
Mr. Gray was requested to check the legal aspects
and it was agreed to advise Officer Shaughnessy that the
Board is taking the matter under consideration.
i_96
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rrv�
cr
Letter was received fromMr. Irwin advising that he
would like to take his summer vacaticn one day a week,
vacation throughout the summer months, which would be a Friday in
most instances, starting June 19. The Board had no
objection.
Upon motion duly made and seconded, it was voted
Cert. of to sign the following Certificates of Incorporation,
Inc. satisfactory character references having been received
from Chief Rycrofta
Ralph D. Cataldo, 157 East Street, and others (hot resi-
dents of Lexington) .
Waldo F. Davis, 18 Boulder Road , Herbert W. Eisenberg,
470 Concord Avenue, and others (not resi-
dents of Lexington) .
Elias P. Gyftopoulos, 18 Hastings Road, and others (not
residents of Lexington) .
Martin Owens, Frank Helwig, 1099 Mass . Avenue, Robert
Gurley, t.2 Laconia Stmat, and others (not
residents of Lexington)
Peber Ligor, 21 Thoreau Road, Rosaline Bjorn, 28 Skyview
Road, both residents of Lexington.
Nishan Semonian, 22L. Woburn Street , and others not resi-
dents of Lexington.
Letter was received from Phil Cavaretta, Chairman
of the Dance Committee, Lexington Sea Explorers, re-
Use of questing permission to conduct a Record Hop in Cary Hall
hall some time in the next two months.
Upon motion duly made and seconded, it was voted
to grant the request subject to a charge of $35.00, plus
custodian's overtime fee .
The Chairman read a letter from Alfred N.Willett,
Chairman of the Massachusetts Selectmen' s Association
Flag Day Committee, relative to appropriate exercises in
all Towns on Sunday, June 14, Flag Day Request was
Flag day made for a copy of any directive or letter from the
Board concerning the program for Flag Day
Mr. Gray was requested to discuss the subject with
the Lexington Order of Elks and report to the Board
next week.
Upon motion duly made and seconded, it was voted
to renew the following licenses :
Licenses Joseph A. Costa Taxi Driver
Village Variety Store Sunday Sales
Five Forks Service Center Sunday Sales
19
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on April 27.
Upon motion duly made and seconded, it was voted
to reappoint Michael J. Shaughnessy Dog Officer for a
term expiring May 1, 1965. It was also voted to re- Dog
appoint Dr. Howard A. Smith, Second Dog Officer for a Officer
term expiring May 1, 1965.
The Chairman read a letter from Mrs. Howard Scharfman,
President of the League of Women Voters, with reference
to an article proposed by the Conservation Committee for
insertion in the warrant for the June Town Meeting.
The Chairman said he would acknowledge the letter
and asked theBoard 's pleasure in how it should be Article
answered.
Mr. Cataldo said the League should be told why the
Board did not insert an article in the warrant, that it
had good and sufficient reasons for not inserting it.
He said he did not think this was anything unusual, that
the Board had denied the Commission an appropriation of
$15,000 at the Annual Town Meeting.
The Chairman stated that the League is questioning
the procedure .
Mr. Sheldon said he agreed with the position taken
by the League of Women Voters in this matter.
The Chairman said he would write Mrs. Scharfman and
give her a rundown of the events surrounding this .
The Chairman read a letter from Mr. James J. Carroll Voting
recommending one additional voting machine for precincts machines
one, two, five and six.
Application for a Package Goods Store license, to
sell all alcoholic beverages on premises at 1.0 Worthen Package
Road, was received from Raymond F. Boudreau. Goods
Upon motion duly made and seconded, it was voted Store ap-
to hold a hearing on the application, Monday, May 25, plication
1964, at 8:00 P.M.
The Chairman read a petition, signed by residents
of Valleyfield Street, protesting the erectionof a corral Petition
Mr. Gray reported that the matter had been taken care
of this afternoon. The people are meeting with the Board
of Health this evening.
At 8:30 P.M. , Chairman Fitzgerald and Mr. Robbins, Fire
Commissioners, met with the Board.
a
1 S
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 discussion relative to the firemen's union
and citizens ' petition for insertion of an article in the
warrant, it was voted to resume the open meeting.
Lieutenant Joseph P. Marshall, Fire Department, re-
turned to the meeting.
The Chairman referred to the citizens ' petition "to
see if the town will vote to establish a policy that the
Article personal services budget of the fire department be
administered so as to eliminate disparity of salary between
fire and police positions. ", and stated that the article
would be inserted, as it appears now, on the warrant.
The Chairman read a letter, dated April 26, 1964, and
signed by Joseph P. Marshall as President of Local #1491
IAFF, requesting the Board to recognize Local ##1491 Inter-
Union national Association of Fire Fighters AFL-CIO. He said
the Board believes proper protocol is for the Fire Com-
missioners to recognize or not recognize the union and
the Selectmen would not take any action until after the
Commissioners have acted.
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board. He said the time has come again when
he is reviewing the program and getting ready to file a
Civil projected program for the Federal Government fiscal year,
Defense 1965, which will cover the Town from July 1 until next
June 30. He said he thought the Board should have some
idea what has been happening and that he should come to
it for some direction as towhere it feels Civil Defense
should be going next year. He had previously given Mr.
Gray a basic paper program for next year and said the
important thing in filing these program papers is that
they are what governs approval or disapproval of Federal
participation after July 1. Each member of the Board
was given a copy of the program whichthe Town has to submit.
Mr. Cataldo suggested discussing the warning system
with the Fire Commissioners, inasmuch as they were still
Warning present at the meeting.
system The Chairman said he thought the system could be
tied in.
Mr. Burrell stated that it should not be tied in
until after the system is installed and explained that
the Federal approval end $12,000 is on the basis the
Town already has a fire alarm system, but once it is
in there, there is nothing to stop tying in.
&7
Mr. Fitzgerald asked if it was an acceptable system.
Mr. Robbins said the department 's system now is
Boston Edison and if it is out, they still have an alarm
system between the batteries and the whistle, under the
current system.
Mr. Burrell explained that the Civil Defense system
has a standby battery.
Mr. Robbins asked if the Fire Department would be
left high and dry if it went into this system and the
Boston Edison is knocked out.
Mr. Burrell replied in the negative
Mr. Fitzgerald asked if it would be possible to
have a meeting so they would know what they are accepting.
Mr. Burrell stated that he would meet with the Com-
missioners at any time
Mr. Robbins said as soon as the Commissioners organize
they would let Mr. Burrell know
Mr. Gray said he would like to attend the meeting as
a representative of the Board of Selectmen.
The Chairman requested Mr. Gray to assume the re-
sponsibility of arranging the meeting.
Mr. Burrell reported that he has already had some
informal notice that the Federal Government wants the
$12,000 back if theTown does not get going on this
Mr. Cataldo asked Mr. Legro if he needed any further
information, and he replied he would let Mr. Gray know
in the morning
Mr. Cataldo asked if the Commissioners had agreed
to tie into this system, and Mr.Fitzgerald replied in
the negative
The Chairman said the system is feasible and will
work and the present system cannot go beyond September.
He suggested that the Commissioners meet witn Mr. Burrell
to make sure they understand the system fully and said
Mr. Gray would also attend and report back to the Board.
Mr. Legro and the Fire Commissioners retired at 9 :00 2.M.
Mr. Burrell said the plan he has been working on
now for a year is how to utilize the saelters. He re-
ported that there are buildings to provide shelter for
the population and most of this depends on additional
ventilation which he does hot have This plan contem-
plates increasing the capacity of the shelters by 100%
He now has roughly enough space for half of the population
of the Town, but space for only half the people can't be
accepted and more people will have to be put in the avail-
' able space. He has talked with the Federal representatives
and it will work
rl
tr
The Chairman said this is a plan Mr.Burrell has to
file stating what the Town's capacity is right now as far
as shelters are concerned. He proceeded to read Mr.
Burrell 's seven recommendations and a short discussion
was held on each. He asked if the Board could have an
opportunity to read the plan
Mr. Burrell said he was not now talking money, but
organization and planning. He mentioned problems of
traffic control. He said he wanted more integration
between the Town services.
Mr. Sheldon said it appeared that Mr. Burrell needs
help from certain of the Town agencies and he knew best
what he wanted and suggested that he submit a request to
the Board as to what he wants.
Mr. Cataldo mentioned this had been done.
Mr. Sheldon said it is up to Mr. Burrell to implement
this and if he has any difficulty, he should come back to
the Board.
Mr. Cataldo said Mr. Burrell would have to convince
the department heads the direction in which he wants them
to go.
Mr. Burrell said if they feel the Board wants; them
to do it, they will, and direction has to come from the
Board.
Mr. Burrell said all he wants is approval that this
is the right direction and that he was not seeking approval
of the plan. He said the Board has to look at it, raise
questions and come back. Then he can go to the department
heads and say the Board has approved it and ask them what
it means to the department heads in their particular area.
The Chairman said the Board would read this thoroughly
and have some questions on it.
Mr. Burrell said he would then like to present this
to the appropriate Town departments.
1�. Cataldo asked what the calendar would be on the
Warning warning system once Mr. Burrell receives it back from
system Mr. Negro.
Mr. Burrell replied once the contract is awarded,
it would take not more than sixty days
Mr. Cataldo asked about the status of the radios
Mr. Burrell said he did not expect to hear for a
few weeks; the radios will take longer than the warning
system. He said his estimate would be July or August
Mr. Cataldo asked if Federal approval was holding
them up, and Mr . Burrell replied in the affirmative
He said he understood all specifications and contracts
have to be approved by Town Counsel
201
Mr. Cataldo asked if this could be completed before
I I Mr. Legro leaves on his trip, and Mr. Burrell replied
in the affirmative.
The meeting adjourned at 9:30 P.M.
A true record, Attest
-1zec e (1erk f Selecty''(�3,e' i //
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I
02
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SELECTMEN'S MEETING ,
May 11, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, may 11, 1964, at 7 :30 P.M. Chairman Cole,
Messrs . Brown, Burnell, Cataldo and Sheldon were pre-
sent . Mr. Gray, Executive Assistant, Mr . Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present . Mr. Legro, Town Counsel,
arrived at 8 :55 P.M.
Letter was received from the Lexington Post No. 3007,
Veterans of Foreign Wars, requesting permission to con-
Poppy Drive duct its Annual Buddy Poppy Drive on May 21 and 22.
Upon motion duly made and seconded, it was voted
to grant the request .
Upon motion duly made and seconded, it was voted
Bond to approve bond 8027519 in the amount of$5,000 on
behalf of Mary R. McDonough, Assistant Treasurer.
Miss Mary R. McDonough, Assistant Town Clerk, met
with the Board for the drawing of four jurors . The
Jurors follthwing individuals were drawn for jury duty: Joel M.
Schulman, 29 Parker Street, Edward E. Doming*, 473 Concord
Avenue, Joseph M. Hart, 63 Ledgelawn Avenue, and David A.
Farrar, 45 Bridge Street.
Miss McDonough retired.
Mr. Carroll said the first item he wanted to dis-
cuss concerned the Center Playground area and reported
that he and Mr. Gray met with representatives of the
Recreation Committee, School Committee and Mr. Snow
last Tuesday night and discussed the layout of the
fields in the Center Playground. He said he worked
up a plan that took the haste information that Mr. Snow
and Mr. Abell laid out, and thought there was general
acceptance of this plan. Mr. Snow is going to carry on
and follow this through. He said all agreed on the lo-
cation of the Little League Field which the Recreation
Committee asked for and it is now staked out . He indi-
cated the area on a plan which he submitted for the
Board 's consideration. He asked if the Board would
like to approve this location so he can go ahead and
build it . He said he would also like to rip up about
100 feet on Park Drive and grade and loam it .
r� �a `!
Mr . Cataldo asked if this was going to be Mr.
Snow 's plan and Mr. Carroll replied that Mr. Snow would
hold this location
Mr. Gray stated that everyone agreed this would
be a permanent location.
Mr. Sheldon asked if this would be done in time
to meet the deadline, and Mr. Gray replied in the affirma-
tive
Mr. Carroll explained that Mr. Snow had shown the
parking on his plan, but he has rearranged this a little
bit and put a long parking lot on Worthen Road. He
said there would be room enough for parking at three
corners, and everyone seemed to agree that this would
get cars off Worthen Road .
Mr. Carroll asked what the Board wanted to do in
regard to fencing. He said thefield is located in such
a way that if there is not a fence for Little League,
the balls will be going out in the street
Mr. Sheldon asked if there was any chance that this
field would be changed in location and Mr. Carroll said
this field would not be changed. He said a fence could
be put along the part already grassed in and indicated
the location of the proposed fence on the plan.
Mr. Cataldo asked if theexisting grade would be
the final grade. He asked if, along Worthen Road, that
would be the final grade Mr. Carroll replied in the
affirmative .
Mr. Cataldo asked why Mr. Carroll would not put
the fence all the way, and he replied that he did not
think he had enough money in his budget to do the entire
length this year.
Mr . Cataldo said the type of fence would make a
substantial difference in cost .
Mr. Brown suggested placing the fence to keep the
balls from going into the parking arra which would keep
the balls from the cars and eliminate thenecessity of
children going among the parked cars .
Mr. Carroll asked if the Board agreed that if a
fence is eventually erected it should go along the back
of the parking lot .
Mr. Cataldo said it depends on what the purpose
of the fence is for, and felt that it would still look
better down. He said the Board should be consistent
and do things to make the entire area look better.
The Chairman said he was more concerned with safety.
Mr. Carroll said he would like to have a fence along
Worthen Road now and bring it down past the end of what
is now grassed and stated that it could be relocated
He said the fence should be six feet high.
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Mr. Cataldo felt that a four-foot fence would look
better
Mr. Brown said the purpose of the fence is to keep
the small children from running out and to keep the balls
from going out and he did think four feet would accomplish
this
The Chairman said he would be in favor of a four-foot
fence, and asked how much it would cost .
Mr. Carroll replied maybe $4,000 or $5,000, and
he has money left over in Worthen Road. He said he
was proposing chain link aluminum coating.
Mr. Brown said there is a problem developing on
Worthen Road .
Mr. Cataldo asked if anything should be done about
"No Parking" now.
Mr. Brown said Mr. Carroll could scrape off the
loam and use it as a natural earth parking lot for the
time being.
Mr. Cataldo said unless it was curbed, it would
not work.
Mr. Gray said everyone agreed on a tentative plan
primarily based on what Mr. Carroll has here. Mr. Snow
is working on it now. After he is through, there will
be another meeting withthe Recreation Committee, School
Committee and Selectmen. He said he hopes to have the
plan next Monday night
Mr.Brown asked what the parking lot would cost, and
Mr. Carroll replied $10,000 or $15,000.
Mr. Burnell suggested that the Board wait until it
receives the plan.
Mr. Burnell asked if this land was under the Board 's
jurisdiction, and Mr. Carroll rep_ded that it definitely is .
He said the School Committee feels the pond should be
filled in and made into a parking lot.
Mr. Brown asked where the skating rink would be lo-
cated, and Mr. Carroll replied they hadn't said .
Mr. Gray said the area is so cut down they feel it
is more available for parking than it is for skating.
The Chairman said the Board has agreed on the fence
and to defer further discussion until next week when it
is expected Mr. Snow 's plan will be ready
Mr. Carroll reported that he took bids on a heavy
service truck for the Water Department and received three
Truck bids bids : Rowe Chevrolet, $5,227 65; Automotive Service Com-
pany, $5,273.00 and Dunn Ford Sales, $5,690. 83
Mr Carroll explained that the bid of the Automotive
Service Company was on a GMC truck and Rowe 's bid was on
a truck of a similar engine . He has talked to Mr. Rowe, Sr.
and Mr . Rowe, Jr. , and said he would recommend to the Board
that the difference of $45.35 was negligible and that both
2 05
IIbice were about the same money. However, he advised
the Board that he thought the GMC was the pest buy for
the money and would leave it up to the Board to decide
whether to accept Rowets bid because they are a local
concern
The Chairman asked if either truck would be satis-
factory, and Mr. Carroll replied in the affirmative
Motion was made to purchase theGMC truck
Mr. Cataldo said he would like to see the local
fellow get the sale if both trucks are equal.
The Chairman asked if this truck would be used for
transportation.
Mr. Carroll replied in the affirmative and explained
that it is fairly heavily loaded
Mr. Cataldo asked if there had ever been any problem
with Rowels service, and Mr Carroll replied that the
service is equal .
Upon motion duly made and seconded, it was voted
to accept the bid of Rowe Chevrolet, Inc . , in the amount
of $5,227.65; three members of the Board voting in favor
and two in opposition.
At 8:00 P.M. , Mr . Jules P.,)ussman, Chairman, Messrs.
Richey, Ripley of the Conservation Committee, Mr. Mazerall,
Park Superintendent, and Mr. Greeley, Planning Board, and
Mr. Schaffrath met with the Selectmen
The Chairman stated that the Selectmen had invited
the Commission in this evenin` because there were some
questions they would like to ask, particularly about
the Soil Conservation Service and he would direct his
questions to the Committee through Mr. Sussman
The Chairman asked for an explanation of a windshield
survey
Mr. Sussman replied thzt it did not consist of taking
borings; one could look at the vegetation and make a
pretty good guess, but that is all it is, a guess.
The Chairman asked if the survey had any value,
Mr. Sussman replied that it gives a rough indication
of what is where but no great detail on it at all. He
said the last time, he left a copy of the Hanover report,
a recent example of the soil and water survey.
The Chairman asked if Hanover was a good town to
compare Lexington to, and Mr. Sussman replied that it is
in eastern Massachusetts The development is different
in that we have two thirds of the town turned into house
lots and has some real estate on it or near it About
one third of thetown is undeveloped. He said in the
sense they show what the soil is, what the problems are,
it is useful. He said, if we say some of the things
206
,^n'.;
such as if we build the major center of the town in the
01
middle of Lexington, it will have to be undeveloped -
it is useless in the sense it is different .
The Chairman sked if Hanover wasn't more unde-
veloped than Lexington.
Mr. Sussman replied in the affirmative and said
it is greatly so. He said the problems are greater
here and it may be more useful here than it is there .
They can afford to makemistakes that Lexington can't
If we make a wrong move and cause streams to be over-
loaded, it is bad In our town if any area gets
flooded, there is a good chance there are houses on it
The Chairman asked what the survey would entail, if
it would include borings and how deep they would go.
He said most information is available through the Engi-
neering Department and the State nas made borings . He
asked if this would be taken into consideration.
Mr. Sussman replied all this igust be taken into con-
sideration.
The Chairman asked if this would have an effect on
the price.
Mr. Sussman replied it would be best to have Mr.
Schaffrath answer that.
Mr. Schaffrath stated that the cost of the mechanics
is ten cents an acre and it is actually done with borings
to a depth of 42" until rock is reached. The mapping
is done " to the mile. The soil boundaries are assured
to have 5% of the soil in the area to be the soil de-
scribed. A complete description of each soil and a
description of what the soil can be used for . Some areas
might be eliminated. He said it has been found that
the survey made is not adequate for engineering purposes.
The Chairman asked if there would be any borings
made with this .
Mr. Schaffrath replied that the borings are done
with a hand auger or a pick and shovel. They will ob-
serve road cuts. If it is two feet deep, they will go
in from that as deep as they can He said an area like
Hanscom Airbase could be excluded because the soil has
been disturbed where it is impossible to determine what
they are.
Mr Greer said if there had not been a great many
borings and road cuts, the price would he e to be much
higher.
Mr. Schaffrath said it takes a trained man to do this
work They have something to guide themselves with -
the maps and area soil surveys, but the area soil surveys
have been found to be inaccurate
The Chairman asked Mr. Carroll, if, when roads are
constructed, he knew what the depth of the borings have
been.
11
Mr. Carroll replied they usually only take borings
on trunk sewers and go down to bed rock. He said if
he knows the sewer is going fifteen feet, they go down
eighteen feet
TheChairman asked if the borings were usually more
than forty-two inches, and Mr. Carroll replied in the
affirmative He said on street construction, say
Worthen Road, they went down some places twenty-five
feet
Mr. Brown asked if it would be possible to use the
recent set of aerial photographs of the Town.
Mr . Schaffrath said if they are at the same scale,
four inches to the mile .
Mr. Carroll said they are 100 feet to the inch.
Mr. Brown said these were taken two years ago.
Mr. Sussman said the commission has gone over the
statute rather thoroughly and proceeded to read an excerpt.
He said they look upon this as a basic planning tool. He
said they still do some planning; some is being done by
the Town and some is being done by the Commission. It is
more than just telling what kind of tree is on the ground.
He stated that he felt it is going to be of more use to
the Planning Board than to the Commission. He said one
ofthe problems the Commission is going to have is the
making of priorities in its land acquisition program.
There is much land it wishes to purchase, but there are
no funds and much of the land is not for sale. He said
they have to consider how important is what ; are there
watershed lands ; there may be areas where it can impound
water. He said they need to protect watersheds to feed
the streams . They are not experts on these, but with
the help of the experts they will learn He said in
negotiating, some of the prices are determined on the
uses of the land. Some will claim their land is worth
X number of dollars because it can be used for certain
things . The Natural Resources Inventory is a part of
this . The inventory is free and shows the Commission
how to make use of the information gained in the soil
survey in meeting tne conservation needs of the Town,
and it is the Town boards who will determine how this is
conducted. He said one of the things they hope this will
do is - the streams in this Town all start here and drain
in the adjacent towns. If the Commission makes a few
mistakes, it can have problems It would like the know-
ledge so as to avoid these problems. It has heard
noises from Bedford.
The Chairman said the 42" boring would not determine
watersheds
Mr. Sussman said he had a hunch if they go that far
down they may have some idea of what may lie underneath.
208
The only way to tell for sure is to go all the way down.
Mr. Schaffrath said for a cost, holes could be
bored 200 feet if they were worth it and the normal
routing shown on plans is a major import to the know-
ledge of man. These 42" show what lies under. One
may forecast what may be under there, but for a specific
problem such as the sewer line - the type of material that
does lie deeper and guide the original layout where the
borings should be made .
The Chairman said a geologist could dedudt what is
below a certain boring.
Mr. Sussman said this is not a substitute for engi-
neering type of borings when you are about to do some-
thing on a given spot .
The Chairman asked if there was a resources ' survey
that would cost the Town nothing, but which depends on
the basic survey.
Mr. Sussman replied in the affirmative
The Chairman said if the soil survey goes through,
additional benefits could be expected at no cost.
Mr. Sussman replied that was correct . He said the
Engineering and Health Departments, the Selectmen and
any one else would be invited to participate in this .
Mr. Cataldo asked what the Natural Resources Inventory
consists of
Mr. Sussman replied a description of ways the Com-
mission can make use of what the soil and water survey
turn up in achieving what they want to achieve such as
impounding of water It will yield the information
from which this can be done. He said he has been told
the Board of Health often has things in mind aided by
this ; the same thing with the Planning Board. This -
may tell where there is a part of Town that can be used
for an arboretum He said there is a plan for sewering
the entire Town but every three of four weeks, someone
asks why the Town is spending money for sewers where we
know places where the septic tanks have been operating.
It may be there are parts of the Town that may never have
to be sewered. It might be possible to find such places.
It may be necessary to go from 30,000 square feet to an
acre and a quarter.
Mr. Schaffrath said a major highway may be going
to be put through an area. Some of the people object
to it It might be possible with these maps that another
route may be cheaper to construct. In looking for
reservoir sites, he said they might find a valley that
looks ideal for damming, but may find that is out because
the soil will not hold water If a site does show it
has promise, enough engineering data for rough cost esti-
mating purposes would be done to show what might be ac-
complished
before the detail engineering is done .
209
Mr. Cataldo said as far as the Conservation Com-
mission of Lexington is concerned, the onlyadvantage
g
of this map would be to tell where to put an arboretum
or the watershed . He asked what the Conservation Com-
mission could do with this that it could not do without
Mr. Schaffrath said more than the Conservation Com-
mission can use this . In the acquisition of land it
might be of value to the Town in the future . They would
like to have a well drained site; theP oorly drained sites
can be ruledi
out right away without making a trip around
town
Mr. Cataldo said it should be kept in mind that Lex-
ington is built up and has a Public Works Department with
plans on file. He asked what benefit this plan would be
to the Conservation Commission over not having a plan.
Mr. Sussman said it aids them in attaining the re-
quirements of the Statute that Bets it up It tells a
great deal about the land in Lexington, the open land, so
they will have one more imputation to put into the making
of its decision on priority, which pieces of land to
acquire. He said they could wait for years before they
buy a parcel of land because there are other pieces they
want for other reasons . If it is not purchased by the
Commission, someone vise will buy it.
Mr. Cataldo asked if this survey would give the
depth of the peat .
Mr. Schaffrath replied that it will tell whether
it is deeper than thirty inches or less than thirty
inches, and it would indicate if it is less than thirty
inches deep. If it is over thirty inches deep, they
would have to go out and find the true depth. He said
it would be very costly to map the whole Town to find
the complete depth.
Mr. Cataldo asked how close an analysis could be
made
Mr. Schaffrath replied 85% of the indicatedsoil and no
area larger than an acre has been done .
Mr. Cataldo said the advantage would be for the
arboretum, and he could not see it being of any help
to the Engineering Department or planning Board
Mr. Schaffrath said theTown of Acton found it very
helpful to the Engineering Department .
Mr. Brown pointed out that Acton was facing a very
serious sewer problem.
Mr. Schaffrath said Acton purchased land for schools
and found it could not be used for schools They found
out that only 15% of the Town had suitable sites and it
pinpointed them so they did not have to look all over
town.
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al
The Chairman asked if Mr. Sussman believed that
having this survey conducted will in part satisfy
statutory requirements imposed upon the Commission,
and that there are benefits the Town will receive, maybe
some not immediately, but over a long term basis.
Mr. Sussman replied that if they did not feel this
way, they feel it is a benefit to the Town, and what
comes back to the Townmay be in excess of what is spent.
The Chairman asked if this was a preliminary to a
resources ' survey and Mr. Sussman replied that is correct .
Mr. Cataldo asked if the Town had this five years
ago, would the Planning Board have done anything different.
Mr. Greeley replied he doubted if it would have done
anything different If the Town had it twenty-five
years ago, yes. He said he thought it unlikely that
this survey would give the Planning Board very much in-
formation that it does not think it already has available.
He said he also thought it would be useful because of put-
ting together information that the town has on things it
has. If he understood the details they are goixg into,
it would give thorough information in regard to runoff
character of the soil and vegetation character of the
soil This would document in a useful way the measures
of what the people in the Town know best. He said it
would not save money in locating a school or a school
site, but would make it easier for a Town group to explain
to Town Meeting. He said it world also help in negoti-
ations of purchae; there may be a common b sis of urd er-
standing. He said he couldn't subscribe to the plea
that Lexington is more in need of this than •lanover or
Etcton, as they have more latitude to make use of this
information than Lexington does. He said he thought
the Town would get many times its money back more in the
line of general understanding and common meeting ground than
by peer information to help Mr. Carroll. He said the
Planning Board strongly recommends the survey.
Mr. Ripley said whenthe State authorized Conser-
vation Commissions for towns ten years ago, he tried to
get the idea over for this Town, but it was turned down.
He said the statement had been made that we are twenty
years too late, end if the Town did not embrace it in
the first place, it is still possible that such a map
as this can be very, very useful to the Town.
The group retired at 8:I.5 P.M
Mr. Irving Mabee , former Chairman of the Planning
Board, met with the Board.
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,
211.
might adversely affect the public security, the )
financial interest of the Town, or the reputation Executive
Session
of any person
Following discussion relative to possible acqui-
sition of the so-called Lyon property on Waltham Street
for parking purposes, it was voted to resume the open
meeting .
At 9:00 P.M. , Messrs . Albert W. Hruby, Burton E.
Williams, Temple Scanlon and Arthur J. Brock of the
Lexington Housing Authority, met with the Board .
Mr. Hruby said they had drawn to their attention
recently that there was some land bounded by Waltham
Street, Winthrop Road, Vine Brook Road and Sherburne
Road, which they understood was tax title property and
they would like to entertain a chance of obtaining this
for the Senior Citizens ' Housing. They feel it would
make an ideal location and said there are eleven acres
with access from Waltham Street and access from Vine
Brook Road . He said some of t:ie land is low, there
ie peat but good drainage .
Mr. Gray stated that the land is not tax title,
and that in 1938 or 1939 there was an agreement between
the owners of the property and the Town when in effect
the Town actually purchased this land. He explained
that this agreement was ratified by Town Meeting.
The Chairman explained that the Board of Selectmen
can dispose of tax titles, but if this is not tax title,
the Town Meeting would have to vote on it .
Mr. Carroll pointed out that there is also a piece
of land acquired by the Townrecently for a sewer ease-
ment
The Chairman said if this is town-owned property,
it will require a vote of Town Meeting, but an article
cannot be included in the warrant to be signed this
evening for the June 8 meeting He asked what effect
this would have on plans for Senior Citizen Housing up
on Worthen Road
Mr. Hruby said they will need additional sites in
the future because the site on Worthen Road will not
build all the units needed.
The Chairman asked if this area here would be ade-
quate .
Mr. Brock replied that it would be adequate for the
first two units .
Mr. Hnuby stated they would put a sixty unit on the
Worthen Road site and in this parcel they would put at
least two, 120.
The Chairman asked how long it would be before the
Authority would need two units.
212
CI
Mt. Hruby replied the initiaitapplication that
want out, the study made, seventy-five or seventy-six returns
were received from an advertisement in the Minute-man.
The Chairman said this lot here would offer the
Authority the best solution He said he would rather
wait and go after this one .
Mr .Sheldon stated that there would probably be a
September or October TownMeeting.
Mr. Cataldo said there has to be one in the fall
for the school.
Mr. Brock said this delay would certainly handicap
the Authority very much
Mr. Hruby said they are pressed for time to offer
1 something to these people that will relieve their need
He said this came up so quickly they were hoping to
get it into this Town Meeting and that is why they were
at the meeting tonight
Mr Cataldo asked what decision the Planning Board
had made
Mr.Hruby replied that Board would put a notice in
the paper tomorrow if there was a description. He said
one member wanted to know who would determine there was
definitely no need for a school on this particular site.
Mr. Gray stated that he went over the site with Dr.
Fobert this morning and he is going to report to the
School Committee tonight that the site is too small for
an elementary school. Mr. Gray stated he doubted if the
School Committee would .gave any use for it
The Chairman asked if it were possible toget this
in the warrant how the Authority would acquire the land
and if it would be by purchase.
Mr. Hruby replied it would if the purchase price
was not prohibitive
The Chairman said the warrant is closed, but asked
if there was any legal way this could be put in the warrant
Mr. Legro advised that he had no idea what determines
the procedure .
Mr. Carroll said he did not think it possible to get
a description for thiswarrant, that there just is not
enough time in the days remaining.
The Chairman asked if there was a possibility that
the Authority could use this land in addition to the
land on Worthen Road, and Mr. Hruby replied in the af-
firmative.
Mr. Williams stated that he has talked with the
State Housing and if the local Authority can get the
thing in action, the State will cooperate . The State
will have a man out here tomorrow morning and he will
report back on the site. He said he did not think
money was a problem for the Housing Authority as funds
are available . The problem is that it was not award
213
of the availability of t:iis site until Saturday or
Sunday. Then it made some arrangements to get rezoning
for a parcel of land on Worthen Road. He said as the
Authority feels it has an obligation to proceed as
quickly as possible to move ahead And for that reason
went into some negotiations with the owners of the
Worthen Road property and there will be an article in
the warrant for the Town Meeting. However, the members
of the Authority would prefer this site and not become
involved with private owners and their problems . He
said they were prepared to do everything possible to
bring about consideration of this parcel at the next
Town Meeting if it is legally possible. He said he
was an attorney and willing to attempt tofind some
solution if it can be done tomorrow and report. He
said he felt it is too good a proposition for the
Housing Authority to pass up, and he would appreciate
any assistance from Town Counsel to resolve this problem
Mr. Sheldon said he assumed the Authority wants both
parcels and that it is only a matter of timing. If it
is legally impossible to get this second parcel, then
the Authority would want to proceed with Worthen Road. He
asked what the Authority 's position would be if they
were both on the same warrant, which they can 't be .
Mr. Williams replied that if they knew when they
entered into negotiations on the Worthen Road property,
they would not have pursued it
Mr. ahbldon said they did pursue it and they can't
get this second parcel on the June warrant . He asked
what their present attitude is on Worthen Road
Mr. Williams replied he would pursue Worthen Road.
Mr. Brock said some time ago, he asked for a list
of Town property and maybe the Authority would have been
able to eliminate this speed if it had known about this
parcel. He said there are only certain pieces of pro-
perty in Town that would be of interest to the Authority, and
he would appreciate receiving that list .
Mr. Gray said he did not know until Friday that
this had not been acquired by the School Sit&s Committee
and that it was a parcel owned by the Town. He said
that Committee thought it might be available some time
for a school site. He said that he and Mr. Scanlon had
discussed the possible availability of this land.
The Chairman asked if the Board would give him the
authority to work with Town Counsel and Mr. Williams to
see if there is any way this can be effected
Mr. Carroll stated it would not be possible .
Mr. Cataldo asked if the Housing Authority would
be willing to have this surveyed this week.
214 , *
Mr. Carroll explained that the warrant is to be
signed this week and Mr. Legro would have to draft an
article, which would be impossible.
Mr. Cataldo said if the Authority has the survey
made, this is what it needs.
Mr. Carroll said it would still be impossible as
the title would have to be searched; there is more than
one piece of land involved, there are easements involved
and he doubted if Town Counsel could work five days and
get it done, that it was just impossible .
Mr. Sheldonsaid the only advice the Selectmen can
give the group is to proceed with Worthen Road and bring
this up at a fall Town Meeting
Mr. Legro stated that if this land was acquired by
the Town, it was acquired for some particular purpose
Mr. Gray said it was an agreement ratified by Town
Meeting and a claim for damages dropped; the Town pur-
chased it . He said he agreed with Mr. Carroll that
nothing could be done at the June Meeting.
Mr. Brock asked if the Board would act on a letter
from the Authority to the Board stating it is interested
in this .
The Chairman said the letter would just be confirming
action of this meeting. He said he understood that the
Authority is interested in this parcel, but would follow
it up with a letter.
The group retired at 9:40 P.M.
Mr. Legro went over thearticles in the warrant and
on the basis of advice from Town Counsel, it was voted
Warrant to eliminate article 8 pertaining to the acquisition of
land for future alteration, relocation or widening of
Massachusetts Avenue.
Upon motion duly made and seconded, it was voted
to sign the warrant for the Special Town Meeting to be
held on Monday, June 8, 1964, at 8:00 P.M.
Mr. Legro advised that he has an interim garbage
contract which eliminates the $5.00 penalty for missed
collections and eliminates the Town's time to terminate.
Mr. Legro retired at 10:10 P M.
Mr. Carroll said he did not know if the Board wanted
Sewer & to discuss the amount of money, $136,000, for the sewer
Water under and water under that portion of Route 2 being recon-
Route 2 strutted in Lexington.
It was agreed todiscuss this subject further with
Mr. Carroll at the Board 's meeting next week.
I
Mr . Carroll reported that he had some easements on
the contract between the Town and Ricci and DeSantis
Construction Co. , Inc . for the construction of the Wood- Sewer
haven sewer. easements
He presented a plan and explained the location of
the laterals to serve Cutler Farm Road an Marlboro Road .
He explained that the project had been discussed with all
property owners andnone are willing to give a grant .
Upon motion duly made and seconded, it was voted
to take the sewer easement on the plan entitled "Plan
of Sewer Easement from Marlboro Road to Cutler Farm
Road, Lexington, Mass. , Scale 1" =20 ' , April 6, 1964,
John J. Carroll, Town Engineer".
Mr . Carroll indicated on a plan the location of the
sewer to serve Munroe Road and explained that a drain
will have to be installed in conjunction with this sewer
to prevent washouts of the sewer line. The property
owners have all been notified of the proposed takings and
made no objections .
Upon motion duly made and seconded, it was voted
to take an easement for sewerage and drainage purposes
on Old Shade Street from Munroe Road approximately 1,000
feet easterly as shown on a plan entitled "Plan of Sewer
and Drain Easement Off Munroe Road and Woodcliffe Road
Lexington, Mass . , Scale 1" = 40 ' , May 11, 1964, John J.
Carroll, Town Engineer" .
Mr. Carroll referred to the reconstruction of
Massachusetts Avenue and reported that , at the present
time, the County has completed the preliminary plans
and turned them over to the State Department of Public Reconstru o-
Works . There are four different amounts available for tion of
this Chapter 90 construction - 1963 Chapter 90 funds, Mass . Ave
1964 Uhapter 90 funds , Chapter 782 funds and Chapter
822 funds . He said on any Chapter 90 project there are
certain items for which the State will not participate in
the cost . The State will not participate in the cost of
curbing where the slope of the street is less than 3%
He said he believes there should be gianite curbing in-
stalled the entire length of Massachusetts Avenue and
also that sidewalks should be installed on both sides
of the street . He explained that he had hoped Chapter 782 and
Chapter 822 money could be used for any nonparticipating
items , but when this money is used in conjunction with
Chapter 90 funds , it cannot be used for nonparticipating
items He advised that the Town h s appropriated more
money for Chapter 90 construction than was allotted in
an amount of $11,000, but he was sure this would not be
z
rte,
Q1
enough. He said he has discussed the subject with
Town Counsel. He explained that if this ruling is
accepted, he will have to go as far as he can with
the $11,000 or go to a Special Town Meeting for addi-
tional funds. He suggested that a member of the Board
meet with him and a representative of the State Depart-
ment of Public Works if he can arrange
Pp a an appointment
to see if there is any possibility of hasang this ruling
changed.
The Chairman suggested that Representative Brox be
asked to attend also .
The Chairman read aletter from Berke Moore Company,
Inc. , advising that it is presently engaged in the final
Release stages of its contract to widen a portion of Route 128
in Lexington. The Department of Public Works has re-
quested a release from the Town in so far as the work
affects Townproperty
Mr. Carroll reported that he has ,one over this
with a representative of Berke Moore Company and he
could see nothing wrong with this.
Upon motion duly made and seconded, it was voted
to advise Berke Moore Company, Inc. that an inspectidn
has been made of Town property bordering theState lay-
out and it was found to be in satisfactory condition.
Letter was received from Richard L. Bloom, 7 Whittier
Street, requesting an extension of the sewer to serve his
Sewer house.
Mr. Carroll said he had advised Mr Bloom to write
the Board and told him it would not be done this year .
It was agreed to advise Mr. Bloom that an item will
be included for consideration when the budgets for 1964
are being discussed
The Chairman read a letter from Mr. William Roger
Greeley stating that he had received a statement from
the Trustees of Reservations advising that "the Depart-
ment of Natural Resources has decided against aerial
spraying with DDT througdut the State "
Mr.Carroll informed the Board that the Town is
not using DDT
Request from the Metropolitan Building Movers Co.
for permission to move a buiding from 765 Marrett
Permit Road to Lots 631-634 Freemont Street was held over
because Mr . Carroll advised he did not have an op-
portunity to look over the proposed route
1
211
The Chairman read a letter from the State De-
partment of Public 'harks, to which was attached a
plan in regard to slope and drainage easements required
for construction of Waltham Street .
Mr Carroll said the Town voted to acquire all the
drainage easements, but he did not know whether or not Waltham St.
the Town had the authority to dothis . He said he easements
has contacted Mr. Legro and is going to give him a
taking order for a slope 'asement made on Lowell Street
to see if a taking can be made. He said in looking at
the easements , it appears that there will be damages,
but there are no funds available . He said he would
discuss the plans with Mr. Legro and try to find out what
can be done .
Letter was received from the Jefferson Union Company
relative to removal of large boulders on Hayes Lane which
pose a problem in the event fire equipment had to get Complaint
through.
It was agreed to advise the company that Hayes Lane
is a private way in which the Townhas no rights.
Mr . Legro returned to the meeting at 10 :35 P.M.
The Chairman read a letter from Dr. Anton S. Morton,
3 Rolfe Road, relative to a peat pocket at the rear of Complaint
his lot . Mrs. Morton was present at themeeting. peat pocket
Mr. Carroll said he just heard about this today and
suggested that the Board let him take a look at it,
although it is not on Town property.
Mrs. Norton said something would be done to the land
she owns and after the Town has done what it can, as
mentioned by Mr. Carroll , her property will be fenced
in
The Chairman explained the best action the Board
could take this evening is to have Mr. Carroll investi-
gate the matter and see what , if anything, can be done
by the Town.
Letter was received from Mr. Robert B. Kent , 15
Patriots Drive, advising a group of private citizens Race
interested in the future of race relations in Lexington relations
would like to meet with the Board on Monday, May 25.
An appointment is to be made for the group to
meet with the Boar(,
Letter was received from the Division of Civil Ser-
vice advising that a conference will be held with the Civil
Board on Thursday, May 14, at 2:30 P.M. with reference Service
to the Board 's request that other than Lexington resi-
dents be considered for appointment to the Lexington
Police Department
tu
The Chairman read a letter from Representative
F. Bradford Morse towhich was attached a draft of a
bill to provide for a 24-hour a day permission to fly
?lag the flag on the Ba tie Green.
The Chairman said this was what the Board asked
Representative Morse to do.
The Chai man read aletter from Attorney John T.
Donahue, 11 Beacon Street , in regard to license to the
Airways Transportation Company to op rate its motor
vehicles for the carriage of passengers for hire start-
ing at Route 2 to Route 128; along Route 128 to Route
License 2A; along Route 2A to the access road.
Upon motion duly made and seconded, it was voted
to grant the license, previously granted June 25, 1962,
on the form requested by the Massachus tts Department
of Public Utilities.
Upon motion duly made and seconded, it was voted
to certify the character of Karl T. Dussik, 76 Concord
Cert . of Avenue, who has applied to the State for a Certificate
Inc. of Incorporation, satisfactory reference having been
received from Chief Rycroft.
Invitation was received from the Town Celebrations
Memorial Committee to participate in the observance of Memorial
Day Day, May 30. TheChairman agreed to represent the
Board.
Copy of Senate No. 830, a bill recommended by the
Governor to provide for extended mass transportation
was received
Senate The Chairman suggested that the members of the
No. 830 Board look at the bill which will be on file in the
Selectmen's Office.
Upon motion duly made and seconded, it was voted
License to renew a Taxi Driver 's license to Rita Marcia Ahearn,
6 North Street.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on May 4.
Appointment of a member to the Route 3 Study Com-
Appointment mittee was held over. The Chairman agreed to submit a
name for the Board 's consideration next week.
The Chairman read a letter from the Christian High
School, to which was att ched a plan showing where the
aai
school proposed to locate in Lexington. The residents
of Pearl Street have expressed that they would be reticent
to have the school use Pearl Street for an entrance and Christian
exit to the property. The school is requesting the ac- High Spool
quisition of land ownedby the Town as a possible right
of way.
Mr . Cabioll mentioned this was the access he had
mentioned to the Board some time ago and personally he
thought it was very good
It was agreed Vast Mr. Gray and Mr. Carroll would
report further on the subject at the next meeting of
the Board
The meeting adjourned at 11:05 P.M.
A true record, Attest :
3 /
cu ive ✓'Clerk,) Selector
E r
CO
01
SELECTMEN'S MEETING '
May 18, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, May 18, 1964, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works , Mr. Gray, Executive Assistant,
Miss Murray, Executive Clerk, were also present .
The Chairman read a letter fromCharles R. McCauley,
Jr. , 7 Winn Street, Woburn, Attorney for Raymond F.
Boudreau, with reference to the public hearing to be held
on May 25, 1964 on Mr. Boudreau 's application for a
Package Goods store license. Mr. McCauley requested the
Board take no action because of the fact that the law
pertaining to notice to abutters had not been strictly
complied with and that Mr. Boudreau be allowed to file a
new application.
The Chairman asked Town Counsel for advice and was
told that the Board could call a new hearing and tell
anyone present that a new date has been set up. He
said he would look into the governing statute more
thoroughly.
Mr. Carroll said he would like to discuss the con-
struction of Massachusetts Avenue and sidewalk construction
on Waltham Street. He recalled that 1 st week he discussed
the four accounts from which funds would be drawn for the
construction of Massachusetts Avenue, and the problem posed
by the State advising it could not participate in the cost
of any sidewalks or curbing. After last week 's meeting,
he contacted the State and was referred to the statute
which Mr Legro had advised him that these is very little
Article the Town can do because the State had interpreted the
Mass . Avenue statute very strictly Mr. Carroll said the only other
alternative was the possibility of having a Special Town
Meeting within a Town Meeting to appropriate the necessary
money to build the hot top sidewalks and put in granite
curbing. He reported he had checked with the Chairman who
instructed him to go ahead and have Town Counsel prepare
an article.
Mr. Carroll said his other problem is the widening
of Waltham Street . The Town had agreed to make slope
easement takings for which money is needed. He said the
State also asked if the Town wanted to include sidewalks
22I II 1
which will require money. He explained that, with the
Chairman 's permission, Mr. Legro has prepared an article.
He said the total money involved is $15,000 for Massachu-
setts Avenue and $3,000 for Waltham Street
Upon motion duly made and seconded, it was voted Town
to call a Special Tewn Meeting within the Special Town Meeting
Meeting, June 8, 1964, at 8:15 P.M
Upon motion duly made and seconded, it was voted
to sign the warrant calling the Special Town Meeting
to be held June 8, 1964, at 8:15 P.M.
Mr. Carroll discussed estimates of cost prepared Water &
by the State for water and sewer mains in connection Sewer
with Route 2, and indicated on plans where the proposed Route 2
facilities are to be located and explained his recom-
mendations
Upon motion duly made and seconded, it was voted
not to include either water or sewer on Lawn Avenue
and to include the Wellington Lane connector sewer
Mr. Legro retired at 8:05 P.M.
Mr. William deMontigny, 41 Bartlett Avenue, Mr.
Robert R Carmody, 29 Pearl Street, and four other
gentlemen from the same neighborhood, met with the
Board
The Chairman read a petition objecting to the use
of Pearl Street and Bartlett Avenue as entrances and
exits to the Christian High Scnool to be constructed
in the area.
Mr . deMontigny said he was in the trucking busi-
ness and he co ld understand the problem of congestion
and chose to live on Bartlett Avenue because it is a
deadend street . He said the entrances proposed by the
Christian High School, Bartlett Avenue and Pearl Street,
would be a hazard to the lives of the children in the
area . He said that it war stated by Mr Carroll that
it was too expensive to put a road in from Lowell Street.
Mr. Carroll denied having made such a statement
Mr. deMontigny said the property owned by the school
is on Lowell Street and there is no reason why Bartlett
Avenue, Arcola Street and Pearl Street should be used
for an entrance and the school people are more concerned
about the price than they are the lives that will be in
jeopardy
The Chairman read a letter from Christnin. High
School requesting the acquistion of town land as a possi-
ble right of way to the new school, the residents of Pearl
(-11
Gt
Street having expressed their reticence to having it use
Pearl Street for an entrance It is the desire of the
school to work with the Town and the immediate neighbors
in the interest of safety for all and inconvenience to
the least number of people
Mr. deMontigny said it was the school itself that
made the statement it was too expensive to put a road in
from Lowell Street, and the congestion should be on the
school property.
Mr. Robert Carmody said Lowell Street is a hazard
and it will be a hazard tothe people on Pearl Street,
Arcola Street and Bartlett Avenue. He said the school
could come in from Lowell Street, and that the Board
of Selectmen should conduct a survey of the traffic be-
tween seven in the morning and five-thirty at night.
He said if it is the cost , the Town should not take this
as a prime asset.
Mr. Cataldo stated that the Board has no legal right
to stop the school
Mr Carmody said he knew that, but if the Town told
them it is not advisable to come in on this entrance, the
school might take it under consideration.
Mr. Cataldo ekplained that the Board cannot legally
stop them
Mr. deM ntigny asked if the Board intended to act
on this proposal tonight
The Chairman replied that the Board intended to P
dis-
cuss it .
Mr. Carmody asked if anyone on the Board was really
familiar withthe traffic Both the Chairman and Mr.
Burnell replied in the affirmative.
Upon motion duly made and seconded, it was voted
to grant thepetitions and sin the orders for the fol-
Poleg
lowing pole locations on Ross Road and Wood Street,
locations both having been approved by Mr. Carroll :
Ross Road , southwesterly side, northwesterly from a
point approximately 109 feet northwest of Paul
Revere Road, --
Six (6 ) poles .
Ross Road, southeasterly side, approximately 68 feet s
southwest of Oxbow Road, --
One (1) pole.
Wood Street, westerly side, northerly from a point approxi-
mately 85 feet north of Massachusetts Avenue, --
Three (3) poles .
(Three existing poles to be removed. )
223• ��aE
The Chairman read n letter from the Arliron
Board of Selectmen in reply to the Board's request for
a drainage easement to Lexington fcr the purpose of
extending an existing drain into the Arlington Reser-
voir The Arlington Board felt thai3 it was highly
problematical that the Arlington Town Meeting would
be receptive to a proposition involving the Reservoir
Mr. Cataldo reported that he had discussed the
letter with Superintendent of Public Works, Frank O 'Hara,
who expressed surprise at the answer and agreed to take
it from here
The Chairman referred to a letter from the Christian
High School, read earlier in the meeting, relative to the
acquisition of Town land as a possible right of way for
a new school. He said in view of the opposition, he Christian
thought a check should be made with the State in an High Schml
effort to find out what it thinks about the intersec-
tion of Lowell Street and Summ€r Street
Mr. Carroll said he thought it would be dangerous
and to make it safe would require a redesign of the
intersection, plus lights If this cannot be done,
he, personally, thought the next safest entrance would
be at the end of Bartlett Avenue . He said he would
follow this through with the State
Dr. Anton S. Morton 's letter with reference to a
peat pocket at the rear of his lot, 3 Rolfe Road, was Peat Pocket
held over, Mr. Carroll advising that he had not com-
pleted his investigation
Request from Charles H. Spaulding for extension
of the sewer line to serve his property at 61 Mariam Street
was referred to Mr. Carroll who will send out a formal
petition withan estimate of cost for abutters ' signa- Sewer
tures.
Mr. Carroll informed the Board that this is a com-
plicated situation involving a considerable amount of
money.
Request from LeRoy Johnston for extension of the
sewer to serve his property at 78 Cliffe Avenue was re-
ferred to Mr. Carroll, who will send out a formal peti-
tion with an est .mate of cost for abutters ' signatures . Sewer
Mr. Carroll advised there is only one way to go
with the sewer and it is through ledge.
The Recreation Committee met with the Board at the
Committee 's request .
224
.MR
IR
Mr. Hayes, Chairman, said the Committee was present IIto inform the Board of progress being made in regard to
Tennis the tennis courts. He said money has been appropriated
Courts for resurfacing the courts at Adams School and resurfacing
the courts at the Center playground The Committee would
like to go ahead with these courts as soon as possible,
and advised that no new construction is involved
The Board had no objection and the Committee retired
at 8:21 P.M.
Letter wa received from Vito M. Bellino, 84. Bow
Street, requesting construction of a sidewalk in front
of his property and the planting of two trees
Mr . Carroll stated that there is no problem with
Sidewalk the sideulik, but Mr. Mazerall has stopped planting for
& trees the spring. He advised that Mr. Bellino 's name could
be added to the list, which is now very long, for con-
sideration in the fall. He said he would send him a
formal petition with an estimate of the cost of the
sidewalk for his signature.
Petition was received from residents of Vaille
Avenue and Essex Street protesting the new traffic
layout at Reed and Bedford Streets
(Traffic Mr . Carroll said the petition is dated May 1
before the signs were erected and mentioned that the II
design was made by the State Department of Public
*Works . He said a blinker would be installed at the
accidents at the intersection have been becoming more
frequent
Letter from Mrs. Donald M. Graham, 4. Millbrook Road,
requesting that the sidewalk on Adams Street, from op-
raffle posite #93 to #76, be made aafer for the children going
to and from the Fiske School and the Diamond Junior
High School was referred to the Traffic Study Committee.
Petition for traffic control... on Woburn Street was
1 Traffic referred to the Traffic Study Committee.
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Building Movers
Permit Col to move a house from 765 Marrett Road to lots 631-634
Freemont Street, Mr. Carroll having reported favorably
Letter was received from Mr. Franklin C. Hudson,
58 Laconia Street , with further reference to the base-
Complaint ment at Countryside. It was agreed to refer the complaint
tO Mr. Irwin, Building Inspector, whose department has
1 jurisdiction over such matters IIMr. Legro returned to the meeting at 8 :35 P.M.
* islandritrh ,fifar: d Xizt p,frand or tle¢kkhaHx -
22;i
The Chairman read a letter from Carl Blake, Presi-
dent of the Town Meeting Members Association, inquiring TMMA
about the Board 's policy relative to inserting articles
in warrants for Town Meetings . The Chairman was
authorized to dictate a reply.
Mr. Gray reported that there are fifteen acres inu
volved, and Mr. Harrison is asking $700 an acre . Harrison
Mr . Sheldon asked if it was buildable land, and land
Mr. Gray replied that whoever built on it would require
a right of way from someone else .
Mr. S_ieldon suggested that the Conservation Com-
mission and the Planning Board look at it.
The Chairman asked Mr. Gray to contact both Boards .
Mr. Rauf S. Argon's letter with reference to a fence
adjacent to his property at 30 Homestead Street, was re-
ferred to the Fence Viewers last week. Fence
The Chairman reported that the Fence Viewers have
contacted Mrs . Argon and the situation has been taken
care of to the satisfaction of all involved.
The Chairman read a letter fromNr. Irwin, Building
Inspector, with reference to the Cummings ' property at
475 Massachusetts Avenue and the Trebino property din
Dunham Street . He suggested that action be taken under Cummings
Chapter 139 of the General Laws to eliminate these two & Trebino
problems. properties
It was agreed to refer the matter to Mr. Legro, Town
Counsel, for legal action.
Upon motion duly made and seconded, it was voted
to approve continuation certificate extending Surety Bond Bond
No. 632130 in the amount of $1,000,on behalf of the Clerk
to the Board .
Upon motion duly made and seconded, it was voted
to grant permission to the American Association of Uni- Use of hal,
varsity Women to use Estabrook Hall for meetings on
October 7, 1964 and November 4, 1964, free of charge,
subject to custodian's overtime fees
Upon motion duly made and seconded, it was voted
to grant permission to the Citizens ' Committee for Lex- Use of hall
ington Public Schools to use Estabrook Hall for a meeting
on June 17, 1964, free of charge, subject to custodian's
overtime fees .
Appointment of a member to the Route 3 Advisory
Committee was held over .
Mr Burton Harrison' s letter, asking if the Board
would be interested in acquiring a portion of his land
adjacent to Willard's Woods, was held over.
a
2U
tr
21
Upon motion duly made and seconded, it was voted
to appoint the following Special Police for terms ex-
piring March 31, 1965, the names having been submitted
by Chief Rycroft :
SPECIAL POLICE COMMISSIONS
Expiring March 31, 1965
Acheson, Eugene A. 2634 Massachusetts Avenue
Adams, Alan G. 15 Somerset Road
Allison, Howard D. 15 Utica Street
C.D. Anderson, Carl 41 Ledgelawn Avenue
Baker, Ramon C. 14 Stratham Road
Ballou, Sidney R. 2013 Massachusetts Avenue
Barrett , Elliott J. 15 Donald Street
C.D. Brunn, Ewart M. 40 Downing Road
Butler, Lawrence M. 24 Woodland Road
Cabral, Joseph E. 47 North Street
Calhoon, Albert J. 104 Simonds Road
Carroll, James J. 17 Muzzey Street
Clifford, Malcolm H. 54 Chase Avenue
Colbert, Edward P 794 Massachusetts Avenue
C.D. Dearborn, Horace N. 16 Stratham Road
Dearborn, Murray G. 16 Stratham Road
Dooley, Henry W. 77 Baker Avenue
Dreselly, Andrew 12 Patriots Drive
Eriksson, E. Alden 41 Preston Road
Fifield, Donald M. 25 Adams Street
Finney, Ciarles A 36 Albemarle Avenue
Flack, Clifford F. 41 Outlook Drive
Foster, George E. 10 Plainfield Street
Gagne, Maurice A 18 MiddleEStreet
Galvin, Russell P. 21 Crescent Hill Avenue
Greening, Caywood 688 Marrett Road
Gazan, Samuel E. 112 Bertwell Road
Howie, Colin A. 14 Scotland Road
C.D Jefferson, Chanes E 8 Alcott Road
C.D. Jenson, Edmund M. 46 Fern Street
Johnson, Joseph S. 51 Spring Street
Jones, Cecil 36 Woburn Street
Josephson, Harold W. 33 Liberty Avenue
227
II Kakas, Edward G. 1{1{ Locust Avenue
Kleinberg, Edward F. 41 Moreland Avenue
Lannquist, Arthur 153Snade Street
C.D. Lewis , Raymond E 11 Hancock Street
C.D. VadDonald, Caarles 24 Bernard Street
Maloney, William T. 289 Bedford Street
MacLean, Ralph D. 9 Spring Street
Merz, William F. 252 Marrett Road
C.D. Moretti, Joseph A. 8 R ndge Avenue
Murphy, L. Francis 5 Bennett Avenue
Myatt, Robert 9 Sunnyknoll Avenue
Nickerson, Benjamin 81 Gleason Road
C.D. Pierpont , Wilfred D , Jr 4 Taft Avenue
Polley, John D. 189 Wood Street
Prescott, Robert 6 Forest Street
Redmond, James 7 Dunham Street
C.D. Reed, Haskell W. 72 Lowell Street
Reilly, John F. 43 Downing Road
Randall W. Richaros 67 Farmcrest Avenue
IIRichardson, Earl W. 18 Winter Street
C.D. Ritter, Julius C. 13 Pine Knoll Road
Rogerson, William G. 19 Homestead Street
Rossi, Anthony J. 2 Wheeler Road
Ruocco, Louis 28 Tneresa Avenue
C.D. Ryan, William J. 21 Grant Place
Samuels, Frank T. , Jr. 31 Grassland Street
Saunders, Robert W. 295 Marrett Road
Sellars, John A. 430 Concord Avenue
Seymour, Cyril V. 6 Paul Revere Road
Shaw, James C. 24 Homestead Street
Slader, Frederick 23 North Hancock Street
Smith, Walter C. , Jr . 17 Coolidge Avenue
Sorenson, Axel 7A Revere Street
C.D. Turner, Gerald C . 9 Hillside Terrace
Walsh, James V. 152 Bedford Street
Webb, Edmund A. 43 Hayes Avenue
C.D. Wilson, David L. , Jr . 24 Homestead Street
Wright, Glenn 67 Simonds Road
Yewell, Paul G. 6 Leeland Terrace
Young, Stanley R. 86 Winter Street
Zittell, George S. 306 Lowell Street
SCHOOL DEPARTMENT
Lyman 3. Cousins 6 Bancroft Street
Waltham, Mass .
2 2 8 �4
c
tr
Mr. William Young, 1lk Pleasant Street , met with
the Board and stated he was reprFsenting Chi Hua Wang,
Fraser, Morrison and Gillis, all residents of Pleasant
Street He said Lexington owned land and they did not
know this until recently, and it seemed ridiculous
that across Pleasant Strep-t there are acres of land
owned by Carrig, but the State took frontages from these
people He said he ha; seven trees and he is asking
the Board to eliminate the five foot sidewalk to save
the trees
Mr Carroll explained there is a twenty foot strip
of land between these property lines and the existing
pavement In laying out the new section of Pleasant
Street on the northerly side of Route 2,the State is
using that strip to construct a sidewalk which the Town
requested be constructed on the roads going over or
under Route 2 He said he has not seen the actual con-
struction plans showing the location of the sidewalk and
the Town has never given anything to the State
Mr. Young asked if it was possible to eliminate the
sidewalk and save the trees.
Mr Carroll explained he did not think the Board
could make any comment until the construction plans are
available
Mr. Young said he obtained a copy of the plan from
the State which he showed to Mr. Carroll.
Mr. Carroll presented the plan to the Board and
said the Stt,te has taken this out of the Town 's juris-
diction.
Mr Sheldon said saving the trees would not affect
the payment and the Board could ask the State not to
construct the sidewalk.
Mr. Carroll said the State would eliminate it, but
the problem is, does the Board want to do that. He
pointed out that the Town did not request the State to
build sidewalks in connection with Route 128 and the
result was that the Town ended up by putting in side-
walks itself He mentioned that there is a school
coming in this area and there will be a need for side-
walks in the future. He asked if the Board wanted to
get into construction at a later date or if it wanted
the sidewalks built now. He said the alternative is
the possibility of a sidewalk on the other side of the
street and he agreed to contact Mr. Jack Gardner of the
State Department of Public Works to find out whether
there is a possible solution.
Mr. Gray read a letter from the Board of Fire
Commissioners advising that Chief BenediUt J. Belcastro
has asked that his request for retirement, effective
229
June 1, 1964, be withdrawn He reported that the
policy of the Board of Retirement has been that as Retirement
long as the request has been received bef oLe the pro- request
posed date of retirement, it has been accepted withdrawn
Upon motion duly made and seconded, it was voted
to approve the request that Chief Benedict J. Belcastro ' s
request for retirement be withdrawn and to rescind the
vote of Janut,ry 24, 1964 retiring Chief Belcastro at
65% of his last annual salary, effective June 1, 1964
The Chairman asked Mr. Gray to see that this is
implemented
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
Following Mr. Gray 's report on a conference with
Mr. John Blackwell, Civil Service, Snow Removal, Special
Counsel, it was voted to resume the open meeting
It was agreed that the Chairman and Mr. Cataldo
would be responsible for arranging a testimonial for Testimonial
General Terhune and Colonel Wilcox who are leaving
the Bedford Air Base.
The meeting adjourned at 9 45 P.M.
A trpt record, Attest : ,
Exec iv% Cler , Select en
tee\
230
rF
SELECTMEN'S MEETING
May 25, 196)4.
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, May 25, 1964, at 7 :30 P.M Chairman Cole,
Messrs . Brown, 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 advised that he had an order of taking
of a sewer easement between Marlboro Road and Cutler
Sewer Farm Road , in which no mention is mdde of betterments
easement Upon motion duly made and seconded, it was voted
to sign the order as submitted All copies were taken
by Mr. Legro.
Mr. Carroll reported that he has interviewed a
number of people for the Chief of Party position in
the Engineering Department and has tentatively hired
Richard Collins, 75 Deering Street, Reading, who wants
to start at the second step in the salary schedule
He felt, based on Mr. Collins ' experience, he is quali-
fied to start at the second rate and he will not go
below that at all He said he has interviewed a
number of people and all of them, with any experience
at all, indicated a desire to start at the second step
or above. Mr. Carroll said he felt he should start at
$5970
The Chairman asked if Mr. Carroll had tried offer-
ing Mr Collins step one.
Mr Carroll replied that he does not want the
position at less than $5970, and has ten years ' exper-
ience
Mr. Cataldo asked if this is the individual Mr
Carroll wants for the position
Mr. Carroll replied in the affirmative and re-
ported that he is twenty-nine years old, single, not
a college graduate.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to employ Mr Richard Collins,
75 Deering Street, Reading, to filL the position of Chief
of Party in the Engineering Department at a starting
salary of $5970.00 per year, the second step-rate in the
Classification and Compensation Plan prepared by Charles
M Evans & Associates
231
Mr. Carroll, with reference to Memorial Day and
July 4, said a number of the employees have asked him
if the Board would consider going on a skeleton program
so the offices would be kept open on those days He said
he assumed the Board would have some problem with the
Police and Fire Departments on that basis. He said the
vacation policy, somewhat ambiguous, states that the
employees are entitled to ten paid holidays This year,
three holidays fall on Saturday Holidays
Mr. Sheldon reported that, as far as industry is
concerned, the only people doing anything about the 29th
are those involved in a Union contract, and companies
not involved in Union contracts are doing nothing
Mr Cataldo said he did not realize the Union was
involved and stated that eight of the ten concerns he
has been to this past week are going to close Friday
Some of them will close this Friday and some of them
the July 4 weekend Even though no Union is involved,
some of them are going to work a Saturday some other
date. He mentioned that the way the Evans ' report is
written up, it could be interpreted both ways The
employees are entitled to ten paid holidays.
Mr. Sheldon asked Mr. Carroll for his suggestions .
The Chairman felt that other department heads
should give their suggestions if Mr Carroll gives his
Mr. Sheldon said he did not think the police and
fire departments were concerned.
Mr. Cataldo recalled that the Board voted to give
them the same paid holidays as other departments.
Mr. Gray said the police and fire are entitled to
the same number of holidays .
Mr. Cataldo reported that ten of the fifteen towns
he does business with are going tosplit the holidays
The Chairman asked how this would affect the budgt,
the police having provided for seven paid holidays .
Mr Cataldo said this would give them eight days
this year
The Chairman said in this instance he did not
feel inclined, but that he could see the fourth of July
Mr. Cataldo said in view of the fact the employees
have only seven days this year, he would be in favor of
splitting the two days .
Upon motion duly made and seconded, it was voted
to operate the Town departments with skeleton forces on
Friday, May 29, 1964, and on Friday, July 3, 1964, thereby
making it possible for Town employees to enjoy one of the
long holiday weekends. However, any employee who is out
on vacation during either of these days will not be en-
titled to an extra day off
tx
The Chairman asked Mr Carroll where the fence is
to be erected on Worthen Road
Mr Carrolll replied from the swimming pool parking
lot 1,000 feet towards the high school, right across
from the Hayden Recreation Centre.
The Chairman said that Mrs. George P. Morey feels
very strongly about this .
Mrs . Morey said she felt very strongly about a fence
because she did most of the talking on Town Meeting floor
about Worthen Road going tnrough the playground. She
stated that the prospect of a chain link fence going even
two-thirds of the length of Worthen Road is not what she
talked about at Town Meeting, and it disturbs her. She
said a chain link fence was needed in an area where there
is activities Mrs Morey said there would be children
Worthen and people walking through Worthen Road, a great section
Road fence of which is not affected by the play area, and something
should be done for their safety. She thought a deter-
rent fence was necessary She said this is a sidewalk
going along the street, and a grassed area between the
sidewalk and the street, and a playground at the right.
She said if t ere is a chain link fence and a group of
children going up the street are fooling, they are going
to run out in thestreet If there is a deterrent fence
on the left towards the road, the children roughhousing
willIfall in there onto a grassed area and a deterrent
fence towards the street will be more attractive She 11
said wherever an activities ' fence is needed, it should
be chain link
The Chairman said that Mrs . Morey brought him a memo
today which he read as follows : "The original plan for
Worthen Road through the playground allowed for a fence,
which we held off on. Do you think a post and rail fence,
erected on the street side of the sidewalk, with openings
only at crosswalks, might prove a real safety measure. "
Mr. Cataldo asked if Mrs. Morey was referring to a
deterrent fence, and she replied that she Galls it that .
The Chairman explained thnt a major part of this is
to blocky,off the playing area `nd to keep the children
from running into the street
Mrs . Morey said she would like to see a fence on the
street side of the sidewalk, eight or ten feet in. She
said if there is a chain link fence and the children get
playing around, they get thrown into the street
Mr. Sheldon asked if there would be a deterrent fence
in the middle between the two areas, and Mrs. Morey said
it is a safety fence
Mr. Brown stated that a deterrent fence, from an
aesthetic point of view, should go the entire length of
:-yorthen Road and the retaining fence wherever necessary
23
The Chairman asked the cost of a chain link fence,
and Mr.Carroll stated less than $2.00 a foot .
Mrs . Morey said she paid $1.00 a foot for a post
and rail fence.
Mr Carroll 's only objection to the rail fence is
that he felt there is no deterrent to a child on the
opposite side of Worthen Road crossing at any point
because it is easy for him to get over it He said
a chain link fence is more difficult to get over and
they cross the street at prescribed locations . He said
he took bids on both a rail and a chain link fence.
Mr. Brown recalled that Mrs Morey did talk in terms
of a rail fence at Town Meeting, and Mr. Adams, who was
present at the meeting, agreed
Mr Sheldon said he did not remember the commitment .
There is that factor plus the balancing of the aesthetic
side of it, and he thought there w s more power of deter-
rent in a chain link fence He felt as far as safety
for the children was concerned, more could be done with
a chain link fence
The Chairman asked the Board's pleasure
Mr. Sheldon said as it stands now, the fence will
be erected.
Mr. Carroll said no bid has been awarded.
Mrs. Morey said she could see that fence will be
needed down towards Waltham Street and her plea would
be, the Board has a bid, erect as short a section as
it can and see if it wants to go the full way before
caging everything in She said the road was sold on
no chain link fence all the way through.
Mr. Carroll explained that everything now being
closed with chain link is play area
Mr. Cataldo pointed out that the chain link fence
is strictly for the safety of the young children
Mr. Sheldon said he was in favor of the plan as
discussed, 1,000 feet that substantially encloses the
play area with no commitment as to the rest of it
The Chairman asked Mr . Carroll to check on the
cost of rail and post fence
Mrs Morey said the chain link fence could be in
four, five or six feet
Mr. Cataldo explained that Mr. Carroll was think-
ing about the maintenance problem in setting the fence
off the sidewalk. He said if the post and rail fence
is going to be considered, it would look better with
the chain link fence set back He said as it is now,
he would go along with the way it is set up
At 8 :00 P.M , the Chairman stated that tie Beard
had a legal hearing scheduled on the application of
tr
Raymond F. Boudreau for a liquor license at 40 Worthen
Package Road, type of license a retail Package Goods Store .
Goods He stated that it had been advertised by the Town in
Store a local newspaper He said the Board had received a
letter from Mr. Boudreau 's attorney which he proceeded
to read He stated, as ne understood it, having ad-
vertised the hearing, the Board does have to meet and
open the hearing The action the Board takes is
another matter He asked if any member of the Board cared
to act on the letter.
Upon motion duly made and seconded, it was unani-
mously voted to take no action on the application.
The Chairman stated that if there is to be a hear-
ing, there would have to be another application and
another notice and hopefully a notice to the abutters
He declared the hearing closed.
The Chairman read a letter from Paul J. McCormack,
attorney for Anthony R. Cat€ldo, owner of land formerly
of Swenson, off Marrett Road and Allen Street, inquiring
Swenson about negotiations with Mr Swenson since May 1, 1963.
land Mr Legro, Town Counsel, and Mr. Carroll, Super-
intendent of Public Works, stated they had no negoti-
ations with Mr. Swenson.
Mr. Legro said, withthe Board 's permission, he
would like to answer the letter the wayhe thought it
should be g
in the interest of the Town
Letter wa received from Evert N. Fowle, 12 lAinthrop
Road, a copy of which was sent to the members of the
Complaint Board, in regard to a possible health hazard caused by
drainage from a cesspool located on property of John H.
Devine, 19 Slocum Road.
The Chairman said the proper procedure was for the
Board to refer this to the Board of Health and get a
bacteria count .
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company
Gas main to locate a six inch welded steel gas main extension
in Worthen Road, the proposed location having been
verbally approved by Mr. Carroll
Letter from Dr. Anton S. Morton, 3 Rolfe Road,
with reference to a peat pocket at the r-ar of his
property was held over
Mr. Carroll presented a plan of the area and re-
ported that he had looked at it again He said the
lot is unoccupied and he believed it to be owned by
2q
U
White and Green. He said it is private property and
he did not think it was a Public Works ' problem. He
explained there is an area of peat thF is very wet
and some small child could walk into it . He said he
did not think the Board of Selectmen acting as a Board
of Public Works would want to get into trying to drain
the area.
The Chairma81 asked if the Town had contributed to
the condition, and Mr Carroll replied in the negative.
Mr . Legro asked what caused the condition.
Mr. Car_•oll replied that it has been there for a
long time When the road was built, going across Woburn
Street, they got into a large brook. He explained this
brook that ran through here when the subdivision was ap-
proved, they had the subdivider pipe it . When White
& Green were building the area, they dug a hand ditch
back to the pocket of this peat and there is drainage
coming out of this area into the drain on Fessenden Way
He said he did not think this peat pocket was a problem
for the Public Works Department .
Mr . Sheldon pointed out that if a hazard exists
and it was not created by the Town, it is si4thin the
Board ' s power to order the owner of the land to fence
it in.
Mr. Legro said he did not know of any power as
this is not a wall or excavation.
Mr. Sheldon said the owner 's position would be
this is his land and anyone who walks on it is tres-
passing.
Mr. Legro said it is private property.
The Chairman said if it is a question of filling
it in, it is still up to the land owner.
Mr. Carroll said that was correct and stated that
it would mean 500 or 600 yards of fill.
The Chairman asked if it was Mr . Carroll ' s re-
commendation that the Board advise the owner of the
problem peculiar to the land already in the area and
that Town has no liability or law enforcement it can
take.
Mr. Sneldon sugested that the matter be called
to the attention of the land owner to see if he would
correct it.
The Chairman said the neighbors have already
done this.
Mr. Sheldon felt it would at 1Fast indicate that
the Board had done everything it could
M . Carroll said a subconnection could be put in
at the manhole if someone else would dig the trench
to it. This would be on white & Green land within
the Town' s easement .
236 .s.
►v
.i^
The Chairman said this was something Mr . Carroll
could explore with Green & White.
Petition opposing construction of a sidewalk by
the St,te on Pleasant Street was held over .
Mr. Carroll presented a plan which he received
last Friday from the State and advised the Board that
Sidewalk it could tell these people that the sidewalk will have
very little effect on their property or their trees.
The back edge of the sidewalk will be something over
ten feet from their property line and most of the trees
in front of their houses will not be touched.
Upon motion duly made and seconded, it was voted
Pole to graht the petition and sign the orders for the fol-
locations lowing pole locations, all having been approved uy
Mr. Carroll :
Oxbow Road, northwesterly from a point approximately
50 feet northwest of Revolutionary Road, --
Sixteen poles .
Holmes Roau, southwesterly side, southeasterly from a
point approximately 25 feet southeast of Thoreau
Road, --
Eleven pole . Guy wire and anchor on 1st pole.
Constitution Road, nortneasterly from a point approxi-
mately 42 feet northeast of Oxbow Road, --
Eight poles.
The Chairman read a letter from Gordon Steele,
Chairman of the School Sites Committee, dated May 18,
1964, with reference to an eleven acre parcel of land
in the area bounded by Waltham Street , Vine Brook
Road and Sherburne Road, which he believed was acquired
as a school site and the access to it was acquired for
that purposes
The Chairman read a letter from the School Committee,
with reference to the same parcel of lend, stating that
the Committee voted unanimously to advise the Selectmen
to retain it for a future school site. Long range school
building plans call for a school near the center of Town
to replace Hancock and Munroe Schools, and this site is
suitable both in size and location for that purpose.
Mr. Gray said he talked to Mr. Harold E. Stevens,
former Town Counsel, who came into the office, and he
recalled that this parcel was tax title. He said the
Housing Authority should be so advised.
Mr. Carroll retired at 8:20 P.M
2
The Chairman read a letter from Mr . Irwin, to which
was attached a copy of his letter to Mr . Irving Currier,
owner of the foundation at Countryside about which the Foundation
Board ha received a complaint from Mr . Frank Hudson.
Mr. Legro said in addition to the violations stated
in Mr . Irwin's letter, this also requires adequate set-
back and adequate side yard He advised that the vio-
lation should be so stated in Mr Irwin's letter if he
wants legal action taken
Mr. Brown brought up the subj^ct of sand blowing
off the parcel of land now underdevelopment on Bedford
Street and Worthen Road and reported that the Atlantic Sand
and Pacific had contacted the State Borrd of Health. nuisance
Mr. Gray reported that Mr. Carroll told him the
owners were going to use calcium chloride in an
effort to control the blowing sand .
Mr. Legro advised that this is a private nuisance,
and also that Shell Oil Company was to have its portion
hot topped today
Letter was received from Mrs. Ruth O ' Connor request-
ing permission to sell pony rides through the summer Pony rides
months on land owned by her mother, Mrs. W. John Baskin
It was agreed to advise Mrs. O 'Conner that the Board
has no jurisdiction and that she should apply to the
Board of Appeals .
Invitati n was received from the Christian High
School to attend Ground-Breaking Services on June 14, Invitation
1964, at 3:30 P.M. The Chairman is to represent the
Board
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meetings Minutes
held on May 11, and May 18, as amended
Upon motion duly made ,nd seconded, it was voted
to renew the following licenses :
Louis Guadognino Bowling Alleys 1698 Mass . Ave .
Sunday Bowling n IT "
Peter A. Boeing Taxi Driver L Adams street
At 8:30 P.M. , Mr. Robert Kent, Dr. and Mrs Sanborn
Brown, Reverend T. Landon Lindsay, Reverend Miles R.
McKay, Mr. Barry E. Petscheck, Mr. Carl Blake and a Race
Mr. Weinstein met with the Board, et Mr. Kent 's request, Relations
for the purpose of discussing the futu e of race re-
lations in Lexington.
I _
Mr. Kent stated that this group of individuals
does not represent any organization and has not been
sent by the Board of Directors of any organization,
for instance, of the Lexington Civil Rights Committee.
He explained the group was present because of a con-
viction on its part that there is now a need for of-
ficial blown involvement in the process of integrating
the American negro into the community. He said he
understood theie are thirty-five negro families in
Town and there will be more, and that actually, this is
nothing new. He said the Board knew that some time ago.
the late President Kennedy suggested th-t communities
establish By-Racial Committees When this was first
proposed, there was some reaction that in Lexington
the Civil Rights Committee to some extent fulfilled
the function of such a com. _ittee. He stated that
there are leaders in the Civil Rights Committee who
believe that the process is much larger than that and
the involvement needs to be greater He thought all
these people were members of the Civil Rights Committee
but the degree of involvement has varied, and in some
instances has beehnominal. One of the difficulties ,
the leadership of the Civil Rights Committee has not
been the leadership of most worthwhile ventures that
take place in this Town, and there has been some un-
pleasantness here There have been a number of close
calls which is not surprising. He said this is a
community, a Townwhich is in the spotlight any time
something like this comes along. In the light of the
proportionment that the public leadership of the move-
ment, to welcome and integrate into the community people
of other races has not been the usual leadership in
Town, the group was asking the Board to consider with
it the need for the establishment of some official body
with the responsibility to assist in the educational
process of the community. He said it would be a com-
mittee that would seek to assist the Town in creating
an amiable atmosphere where demonstrations would be
pointless It has been pointed out to him that the
Civil Rights Committee, with over 800 members, has not
been successful in drawing members of the business
community. The businessman is, and must be, very
sensitive with the people with whom he deals . He said
he would be free of his doubts if evidence to him was
made that the Town led by the Board' s leadership is
moving here. This would have an effect in eliminating
tensions which do arise The impetus needs to come
from leadership of the community. He said he thought
the Selectmen, more tuan any other group in Town, re-
presents the community leadership. He gave a resume of
an editorial in the Bost'.n Globe relating to a housing
conference held last Thursday at Harvard, and said that
'i )q
somehow the suburbs have an obligation with respect to
zoning laws to make available low cost housing. He
said the group hopes there will be an official committee
of the Town, staffed by persons interested in Lexington
moving forward in this area; individuals of the negro
as well as the white, but particularly white who are
known in the community. It seems totthe group that the
impetus needs to come from the official leadership of the
Town. He suggested use of the TMMA or a committee to
recommend to Town Meeting a committee of a permanent
nature, not as a referral from the Board to the Town
Meeting, but setting in motion by the Board the starting
of some procedure leading to an official Town committee
with educational functions, with fact-finding functions,
with recommending functions.
Mr. Legro left the meeting at 8 45 r .M.
The Chairman asked if most of the individuals present
were involved in the Civil Rights ' group, and Mr. Kent
replied that all are members of the Civil Rights, and
more than half have been active in the front line leader-
ship
The Chairman asked if their dissatisfaction was with
the leadership
Mr. Kent replied in the negative, and stated there
is a feeling tilt a committee lige the Civil Rights Com-
mittee has certain limitations, and there are those who
have not been active in the leadership. He stated that
after the group discussed thisk they felt a Civil Rights
Committee of an acknowledged group is not enough and
there is a need of an official character Many of the
Civil Rights ' people are new in Town
The Chairman asked if Mr. Kent was saying the Civil
Rights ' group was inadequate to perform all the functions
of a committee in relation to this problem.
Mr. Kent replied in the affirmative and said there
is a neEd for official Town involvement
The Chairman asked if any consideration was given
to the fact that Lexington may not be the same as Cambridge,
Maryland, and Mr. Rent replied in the affirm"tive.
The Chairman asked if the group felt the need still
exists
Mr. Kent replied, very definitely, but not for the
same reasons one needs a crmmittee in Maryland, but for
reasons not so different. He said it is needed to help
the To n to reach the point where there is a wholehearted
acceptance by all of all the implications of inter-racial
living in a community. He said he thought a committee
interested in the subject would have been of great use to
the Town at the time of the demonstration on the Green
He said the Town is not immune to more of this sort
of thing, and it is not just a case of avoiding trouble,
2 40
but of acceptance He said he has been told there are
thirty-five negro familids in Town. These people have
not been fully integrated into the life of this community.
The group feels the time is right for some major effort.
The Chairman asked if Mr. Kent was recommending that
the Board of Selectmen appoint a Ludy committee or re-
commend at the Town Meeting a By-Law Committee
Mr. Kent replied that he has no blueprint and would
would have more respect for the Board 's judgment He
said a By-Law Committee would be a desirable end.
Mr. Brown asked if there were any communities in
this region who have taken similar action.
Mr Kent replied that he did not know
One of the gentlemen said he believed the City of
Newton has done something like this .
Mr. Sheldon asked what Newton did, and he replied
that he was not sure, but there is a committee
Reverend Lindsay said the Board could do a lot to en-
courage the ministers and businessmen. With the Real
Estate men and restaurants, much could be done by an
official committee to set the moral tone He said
maybe there has to be a decision as to how this has to
worked ottt. Rather than letting events come before
something is done, it would be better for the Town to
be set to handle these things before they come along.
Dr. Brown said he has been a member of the Civil
Rights ' organization for a long time, but not active.
One of the important things is the fact that the people
who have been working hardest are people whom the leaders
in Town do not know. They are not prominent in the local
politics, and the important thing is an official Board
like the Selectmen to take a real stand to strengthen
the hand of the people who would like to prevent real
serious instances from occurring in Lexington by having
an official blessing on some organization. He said
it is very important from a point of view of the leader-
ship of the Town to have a board like the Selectmen to
set up a committee with an official Town standing rather
than a group which has gathered itself together. He
said it is important tha the Board take a stand to deal
with future problems .
Mrs . Brown said the matter of facing responsibility
needs status, the kind of status such as the Board of
Selectmen. Some of thegroup and some of their friends
would like to help give it and they are not present with
any inside dope. She said she was onebf the gathering
over a long time membership, and the group feels there
is something needed separate from the Civil Rights Com-
mittee and this was not anticipated by the Civil Rights
Committee.
Mr. Carl Blake said the group was attempting, through
this meeting, to get some leadership from the highest
241
officials in Lexington. One of the reasons is an aware-
ness that more individuals within Town are going to be
confronted with the decision of how they are to react to
the presence of negroes in the community. It will deal
with the real estate men, neighbors and businessmenti:
Through an act of the leaders of the community, the way
will be pointed of an acceptance of these minority groups .
The Chairman said his own personal opinion on
the zoning legislation was that it could breed segregation.
Mr Kent said if that was an issue here , how much
better to sit down with a committee already with an of-
ficial standing.
The Chairman said mush has been said, but he thought
it has to be digested and suggested that the Board take
it under advisement and that it study the thoughts. He
said he had a feeling that there is a dual approach; one
is, to each one on a moral basis and an approach as an
elective body.
Mrs . Brown said she hoped the board would consider
whether there is anything to be lost by taking a stand
of some kind as a Board of Selectmen representing the
most conspicuous governmental body of the Town
The Chairman stated that many times the Board takes
a stand whether there is something to be lost or not .
Mrs. Brown said there is nothing wrong about being
right .
Mr. Kent said he would be delighted to have the
Board take this under advisement, and after it has done
this and thinks it would be fruitful to explore the
matter further, the group would be glad to do so. He
said whatever the Board does , the group would appreciate
hearing from it .
The group left at 9 :07 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss-
ing, deliberating, or voting on matters which, if made Executive
public, might adversely affect the public security, Session
the financial interest of the Town, or the reput-tion
of any person.
Following discussion of proposed use for land in
Hartwell Avenue complex, meeting with Civil nights ' group,
tax title lots on Circle Ro?d , Bedford Air Force water ,
it was voted to resume the open meeting.
Mr. Carroll reported that he talked to Mr . Donald E.
Nickerson about the partition in the Selectmen's Room.
Mr. Nickerson said in order to fix the corner posts, he
has to have some type of a brace and he said, the most
satisfactory brace they have worked out is a two inch
242 �y
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wide by one half inch steel strapping down along the
floor. This is one half inch high, and in order to
keep it from the way of the people, he will have to
remove the tiles, drill out the concrete below it and
set this below the tile. Mr. Nickerson's partner
felt he could not replace the tile. The partition
would also have to be tied to the floor by drilling
and also attached to the wall
Mr. Legro retired at 10 :15 P.M.
Mr. Gray said he did not think the Board wanted
a patch job on the floor in the Selectmen's Room, and
he would forget the whole thing rather than ruin the
room.
It was agreed that Mr•. Gray should check further.
List was received from the Division of Civil Service
of eligible appointees in order of standing.
Civil M Mr. Gray was requested to check with the Chief
Service to see if some of the names on the list would state
list in a letter that they are not interested in the posi-
tion of patrolman
Mr. Cataldo reported that the Route 3 Advisory
Committee has come up with three suggestions .
One, they request that any proposed studies for the
extension of Route 3 consider as the origin, the
present terminus of Route 3 at Route 128.
Two, that the Town strongly recommend that Route 3
be terminated at Route 128 with traffic proceeding
south on Route 128 to Route 2 He said the Committee
feels the Board should reiterate its request.
ThreeT Traffic signs should be installed as soon as
practicable indicattgthat Boston bound traffic from
Route 3 should proceed south on Route 128 to Route 2.
Mr. Cataldo explained with reference to the third
item that it was referred to the Traffic Study Committee
and that Committee in turn sent in a request which is
being granted.
Upon motion duly made and seconded, it was voted
to accept the three suggestions recommended by the
Route 3 Advisory Com. ittee A letter is to be sent
to the Department of Public Works.
The meeting adj rued at 10 :22 P.M.
A true record, Attest :
--gactictra7verk( Selectmni '
J �}
1
ac g)
SEi.F,CTMEN'S MEETING
June 1, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, June 1, 1964, at 7 :30 P.i°1. Chairman Cole,
Messrs Brown and Sheldon were present Mr Norman J.
Richards, Special Counsel, Mr. Gray, Executive Assist-
ant, Mr. Carroll, Superintendent of Public Works, and
Miss Murray, , Executive Clerk, were also present. Mr
Cataldo arrived later in the evening
Mr Robert Cherny, 252 Lincoln Street, applicant
for a Guide 's license, met with the Board Satisfactory
report on an examination was received fromMr. John J
Garrity, Examiner and Chief Rycroft Guide
Upon motion duly made ^nd seconded, it was voted
to grant Robert Cherny permission to be a Guide within
the limits of the Town of Lexington. The Chairman
presented the license and badge
Mr. Che••ny retired
Hearing was declared open upon petition of the
Boston Ediso:�n Company and the New England Telephone and
Telegraph Cofnpany for permission to locate one pole on
Walnut Street .
Mr. SerVerson, representing the Boston Edison
Company, ad Mr. Cooley, representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing
Notice Of the hearing was nailed to the petitioners,
owners of thy; prope ty as listed on the petitioners '
plan, and also filed with the Superintendent of Public Pole
Works location
Mr. Serlrerson explained this is a relocation to
clear a driveway at the request of the abutter
Mr. Carroll approved the proposed relocation and
the hearing *as declared closed
Upon motion du y made and seconded, it w s voted
to grant the petition and sign the order for the fol-
lowing j/o pOle location:
Walnut Street. spmt }easteriy side, approximately
540 feet southwest of Concord Avenue, --
One (1 ) pole
(One existing JO pole to be removed )
2 44
cr
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephoe and
Telegraph Company for permission to locate one pole on
Bedford Street southeast of Revere Street
Mr Serverson, representing the Boston Edison Com-
pany, and Mr Cooley, representing the New England Tele-
phone and Telegraph Company, were the only persons pre-
sent at the hearing.
Notice of the hearing was mailed to the petitioners,
owners of the property as listed on the petitioners ' plans,
Pole and also filed with the Superintendent of Public works .
location Mr. Serverson explained this is a change of ownership
from an Edison pole to a joint ownership
Mr. Carroll approved, 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 follow-
ing j/o pole location:
Bedford Street, northeasterly side, approximately 708
feet southeast of Revere Street, --
One (1) pole.
(This is an existing pole, no new pole to be set. )
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to locate underground conduit in Massachusetts Avenue
and Rowland Avenue.
Conduit Mr. Cooley, representing the petitioner, Mr. Robert X
location Geary, 8 Rowland Avenue, and Mr. Mario P. Pfaff, 6 Rowland
Avenue, were present at the hearing
Mr Cooley explained the donduit is needed to go into
a repeater station the telephone company has in Rowland
Avenue
Messrs. Cooley, Geary and Pfaff left the meeting and
discussed the proposed conduit location. Mr. Cooley
returned to the meeting and requested that the petition
be tabled for the time being
Mr. Richards referred to the execution of the interim
garbage contract that has been in effect between the Town
Garbage of Lexington and Stanley Roketenetz, Inc . , and explained
contract that because of various delays, the garbage has been col-
lected, but the Town has never executed the contract
Mr. Richards stated that the interim contract has
been signed and returned by Roketenetz who took out two
of the paragraphs namely, nine and ten Paragraph nine
pertains to the $5.00 assessment and paragraph ten per-
tains to termination. He said as the matter stands now,
the question is almost mute It is now Juhe 1, and to
be paid, the contract should be executed in duplidate
245
Mr . Sheldon asked if Mr . Richards recommended accept-
ing the contract minus the two paragraphs
Mr. Richlards replied that in the contract submitted
to him, these, were stricken out in ink and never initialed,
and as far as he knw, there was no record of a discussion
of terminatiopn
Mr . Carrpll said Roketenetz had never discussed it
with him.
Mr. Richards asked if there was any reason to helieve
there would be a penalty, and Mr . Carroll replied in the
negative .
Mr Richards advised that in order for the Town to
pay, the contract should be executed
Upon motion duly made and seconded, it was voted
to execute the interim garbage contract between the
Town of Lexington and Stanley Roketenetz, Inc All
copies were taken by Mr. Richards
Mr. Richards stated that he had the permanent con-
tracts which Mr. Legro, prior to his departure, was able
to approve as' to form. There are a number of thins
that have to be done, and one of them is a deposit with
the Town of a0)ank book with the necessary withdrawal
slips . He said he Knew the bank book has not come in,
and Mr. Carroll told him that Roketenet would have it
here this evening and if so, the contract would be in
order for signatures
Mr. Carroll reported that the bank book and with-
1 drawal slips are supposed to be delivered at the meeting
this evening, lbut he did not know just what time.
The Chairman said the Board would hold it.
Mr. Richards stated that Mr . Legro sent him a draft
of the motions. The meeting is only one week away and
the Board may want to see him later on. The motions at Motions
this point do0not contain any of the sums or the sources .
He asked if the Board planned to see the Appropriation
Committee .
Mr.Richards referred to Article 5 and advised
that under the law the amount can E,o to $15,000.
The Chairman read a letter from Mr. Legro with
reference to sewer and drain easements in Munroe Road
and Woodcliff Road . Easements
Upon motion duly made and seconded, it was voted
to execute the sewer and drain easements, all copies
taken by Mr Richards
11 Mr. Richards retired at 7 :45 P.M.
Mr Carroll mentioned the fact that the Board had
declared a section of Worthen Road an underground dis-
Worthen Road trict for utilities . The Boston Edison Company reviewed
/tilitids the cost and advised that it will cost $16,235 to go
underground on Worthen Road. If the Town, or another
party, da.d_ the work, it would cost $8,589. He read a
letter, dated May 25, 1964, which he received from the
company and stated that he did not think the Town could,
by law, force the company to put the utilities underground
He said he had discussed this with the DPU and was told
that the Town cannot force this . He said he had some
thought the Town might want to do the digging, but it would
still be a substantial amount of moneythe Town would have
to pay, somewhere in the vicinity of 11, 000 or $12,000.
Mr. Brown asid he thought the Board should make
every effort to have these utilities underground
Mr. Sheldon asked about the abutters assuming the
responsibility
Mr . Brown suggested that the matter be pursued
through the abutters
Mr. Carroll explained that the abutters will have
to pay the entire cost in front of their property
Mr. Brown suggested that Mr. Carroll and Mr. Gray
contact the abutters who may be willing to go along
with some part of the expense
Mr. Carroll stated one of the problems is supplying
power to the apartments and the pumping station
Mr Sheldon said the abutters should be given an
opportunity.
Mr. Carroll said he would arrange a meeting with the
abutters and the Boston Edison Company.
Mr . Brown said he did not believe it would be neces-
sary to meet withthe Board.
The Chairman suggested that Mr. Carroll and Mr. Gray
arrange a meeting and if a decision is needed, he can con-
tact a majority of the Board
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to
Gas main open Mass2chusetts Avenue, from the Prlington-Lexington
line to Pleasant Street, for the purpose of relaying an
existing 4" gas main and services, subject to approval
of Mr. Carroll.
The Chairman read a report from the Board of Health
in regard to Mr. Evert Fowle ' s letter about a possible
Health health menace in the rear of his property, 12 Winthrop
menace Road
The Chairman suggested that a copy of the report
111
be sent to Mr. Fowle.
The Chairman read a letter from the Board of Fire
Commissioneis, to which was attached a let er from the
Commissioners to Lieutenant Marshall, stating the Com-
missioners ' position in regard to the request for recog-
nition of the International Association of Firefighters
The Commissioners voted on May 25, 1964 that they would
not recognize the International Association of Fire-
fighters as an agent for the Lexington firefighters
Lieutenant Marshall, who was present at the meet-
, ing with sixteen or seventeen firefighters, asked if he
could have an 'opportunity to speak
The ChairMan sked if he hadp ermission from the
Fire Commissioners to meet with the Selectmen
Lieutenant Marshall replied that he talked to Mr.
Gray, and the Board 's letter suggested that he come
back after the Fire Commissioners had acted. Follow-
ing the directive of that letter, he was present this
evenirg
The Chairman said Lieutenant Marshall was at the
meeting without permission from the Fire Commissioners
and that is the Board that has the jurisdiction of over-
seeing the Fire Department He said to follow protocol
Lieutenant Marshall should have permission from them.
Lieutenant Marshall said last Monday night, he met
with the Commissioners and they had not reached a de-
cision. He said he assumed from the Chairman' s letter
that he had the right to meet with the Selectmen, and
since the Fire Commissioners have decided, he has come
back to the Selectmen
The Chairman said there is nothing in the letter
that says he should come in without permission from the
Fire Commissioners
Lieutenant Marshall said there is no department
regulation that requires him to request permission to
come before the Boe rd.
The Chairman said it has been the policy.
Lieutenant Marshall said no department regulation
precludes him from meeting with the Selectmen
The Chairman said the Board would follow protocol
and go through the Boards
Lieutenant Marshall said he told Commissioner Fitz-
gerald today that he was meeting with the Selectmen.
Mr. Sheldon reported that he talked to Commissioner
Fitzgerald who asked if an appointment had been made for
Lieutenant Marshall to meet with the Selectmen this even-
ing. He told the Commissioner he did not know. He
stated as far as he was concerned, he would not discuss
this with Lieutenant Marshall until he has gone back to
II
the Fire Commissioners
248 4,, a
Z.
Lieutenant Marshall said he read in the Board's
letter that it would hot take any action until the Fire
Commissioners did The Fire Commissioners have and he
thought they could come before the Selectmen and ask
that the case be judged on its own merits
The Chairman said, follow protocol, do not embarrass
anyone either the Fixe Commissionrs, the Selectmen or
himself He said it was theCommissioners prerogative
to grant permission and he suggested that Lieutenant
Marshall ask their permission.
Lieutenant Marshall asked if he could do so by tele-
phone.
Mr. Brown said it would be more to his advantage
to meet with the Board of Selectmc n when all five members
are present.
Lieutenant Marshall said there is no department regu-
lation stating he should request permission to meet with
the Selectmen
The Chairman said it is the Board 's policy
Lieutenant Marshall said he understood then that he
could not make a statement now or distribute literature.
The Chairman replied it would be better if he would
talk to the Fire Commissioners, that the Selectmen were
not acting on this tonight. He said no action would
be taken until all members of the Board were present
Lieutenant Marshall said there were seventeen fire-
fighters present to disprove statements in the letter
from the Fire Commissioners . He stated he did not ask
1 Mr. Fitzgerald ' s permission, but did make the statement
he was meeting with the Selectmen.
The Chairman asked if Lieutenant Marshall would take
his suggestion and go through the Fire Commissioners. He
said the agenda closes on Friday and suggested that he
request an appointment.
Lieutenant Marshall said as they had not been recog-
nized, he was appearing as a citizen
The Chairman stated that even citizens have appoint-
ments.
Lieutenant Marshall said he made an appointment
with Mr. Gray
One of the firefighters asked what the procedure would
be if the Fire Commissioners did not grant their► permission.
The Chairman replied they would have the right as indi-
vidual citizens to write tothe Board requesting an appoint-
ment.
Lieutenant Marshall said there was no discussion
about meeting with the Board of Selectmen.
The Chairman stated that this is just a request that
he come before the Selectmen by going through channels
249
He said the Board would be remiss in its policy if it
did not go through the line.
Lieutenant Marshall said the letter from the Fire
Commissioners made no mention about getting permission,
but he would take the Chairman 's advice and request per-
mission from the Fire Commissioners to meet with the
Selectmen.
The Chairman pointed out that next Monday night is
Town Meeting night and therefore the Selectmen's Meeting
would be a short one. He suggested that ,ieutenant
Marshall obtain permission from the Fire Commisjioners and
then set up an appointment with Mr . Gray.
The group retired at 8 10 P.M.
The Chairman read a letter from Mr. Irwin, Building
Insp'ctor, advising that he has not received anything
in writing regarding the takeover of elevator inspections
by the State as requested by the Board. However, a
representative from the Department of Public Safety,
Mr. Short, came into his of.iice andlinformed him that
the State has assumed the responsibility of the elevators .
The Chairman said he would write the Department of
Public Safety again and ask if the Board 's letters had
been received
11 Letter was received from Murray Herscott regarding
a second complaint filed about his dog by Mr . John E. Dog
McGrath. Mr . Herscott requested a hearing with the
Board .
No action is to be taken until the Board receives
a report from the Dog Officer.
Decision relative to appointment of a bi-racial
committee as requested by Robert B. Kent , et ala, when
they met with the Board on May 25, was held over until Bi-racial
all members of the Board will be present . committee
Letter was received from David F. Toomey on the
same subject .
The Chairman read a letter from the Conservation
Commission in regard to the possibility of a Girl Scout
troop participating in conservation work.
Mr. Carroll stated he and Mr. Mazerall discussed
this. He did not think projects of this type should be
encouraged and mentioned that the tree planting project
at Vine Brook got out of hand He said he would rather
have a plan of exactly what the group has in mind ana have
the Board act on it
The Chairman sug -ested that Mrs . Smallman, Secretary
to the Commission, contact Mr Carroll
250 ,3.'7
rm
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Mr . and Mrs D M. Semonian, 504 Lowell Street, met
with the Board.
Mr. Semonian said he was meeting with the Board to
explain and get some answers from the Town in regard to
the water betterment assessment on Laconia Street. He
said it came about because the Town put in a water main
from the intersection of Ridge Road to Lowell Street,
900 feet, and this was done because two house lots were
sold on that street and the people petitioned theTown
for a water service. He said the Town could have run
the water approximately 4 .0 feet an( supplied these two
Water families with the water without running it tha other
betterment
assessment 500 feet He said from that point on, there were no
house lots, no homes or type of area that needed a supply
of water The point he wanted to make is that the Town,
after it ran the additional 500 feet - he was talking to
the men while they were putting the water in, and knowing
most of them, said he hoped he was not gong to be charged
a betterment They informed him that the people who peti-
tioned would be responsible for betterment . Then to his
surprise, a month or so later he received a substantial
bill for the water service which he cannot use He said
when he purchased this land, he paid for over 500 feet of
water betterment on Lowell Street and asked if the Town
would not ask him to pay 449 feet on Laconia Street. He
said the Town subdivided his residential property. This
is land that wasAmortgaged with the bank and it goes with
his home. The Town formed Lot A which is the land now
being assessed for this water He asked what Lot A is
and said the first time, the Town Engineer came within
fifteen feet of his garage and drew a hypothetical line
through his property When he complained, the line was
changed a certain degree but Lot A still remains. He
said over 75% of Lot A which the Town has made, is a pond,
and very little of it is actual land. The pond is three
or four feet deep, and the children skate there in the
winter. In the summer, it is a wild life sanctuary and
this is what the Town is asking him to pay a water better-
ment on He said if he tries to sell it as a pond, it had
no value and for him to have it filled, the cost would be
three times more than he would get for the land. He said
the bank has told him if he wanted to borrow money, he
could not do so because of the lien against the property
The betterment has been put on an extended time basis, and
if he ever sells, he ha to pay the betterment He said
if he wants to remortgage, there is still a lien on this
piece of property and he thought it was an unjust assess-
ment against his home.
Mr. Sheldon asked about the area of Lot A
6' ;
Mr.. Carroll pr, sented a plan and indicated the total
area of 19,000 square feet He explained that the Town
never subdivided anything, but a hypothetical line was
drawn, fOr the purpose of computation. He further ex-
plained the line was drawn because there was sufficient
area to get a house in there He said he told Mr.
Semonian there is nothing in this Town that is not build-
able
The Chairman asked if Mr Semonian had made any
payment on the bette ment, and he replied in the hegative.
He said the deferment should be reviewed, but he wants a
cancellation of the betterment which he thinks is an unjust
assessment against the property
The Chairman stated that any abatement is final
and if someone purchased the land, the Town could not
then collect a bette ment
Mr. Sheldon asked wh^t would happen if Mr. Semonian
would execute an agreement whereby no one could ever
build on it .
Mrs . Semonian asked if the Town could cut up a lot
The Chairman explained that the Town has not cut up
the lotl
Mr Sheldon stated it was merely for the purpose of
computing a figure.
Mr. gown asked if the betterment was abated would
Mr. Semonian have any objection to the restriction that
the land could never be built upon
Mr. Sheldon pointed out this .;ould be binding on the
property forever not only to Mr.Semonian but to whoever
might buy it
Mrs Semonian said that would devaluate the property
Mr Sheldon said as a building lot it would, but
Mr Semonian does not regard it as a building lot .
Mr. Semonian said he would not like to get into any-
thing like that and neither does he want any hypotehtical
lines drawn or any liens against the property
The Chairman explained that the line was drawn to Mr.
Semonian's advantage.
Mr. Carroll estplained that no land was taken from
anyone
The Chairman said the Board could check with Town
Counsel to see if anything could be worked out on this .
Mr . Semonian asked why the water was run the remain-
ing 500 feet, there were no houses.
Mr. Carroll explained that to get the water to Mr.
Ferraguto 's house, the line had to be brought past part
of the lot Mr. Semonian owns and the reason it was con-
nected through was to eliminate a deadend which is stand-
ard procedure .
L
252 a�6,
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The Chairman said the policy is not to create deadends
and the Board would take the matter under advisement and see
what can be worked out.
The Semonians retired at 8 :30 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 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 discussion with Chief Rycroft relbting
to the Civil Service Requisition Number C64-7578 and an
incident in his department, it was voted to resume the
open meeting.
Mr. Richards returned to the meeting.
The Chairman read a report from Mr. Irwin, Building
Inspector, on his investigation of a complaint filed by
Fred W. Meunling, 42 Maple Street, about an unsafe build-
' Complaint ing located at 44 Maple Street . The owner of the
building, Mr. Wathen-Dunn, was made aware of the Town's
concern and Mr. Irwin, following a conversation with Mrs
Wathen-Dunn felt that the situation will be corrected
without any further action by the Town.
Upon motion duly made and seconded, it wa voted
Permit to grant permission, requested by the Lexington Lodge of
Elks, to conduct Flag Day exercises on the Battle Green,
Saturday, June 13, at 8 :00 A.M.
Letter was received from Representative F. Bradford
Morse , with copy of a bill providing that the flag of the
Flag United States of America may be flown for twenty-four
hours each day on the Battle Green providing it is illumi-
nated between the hours from sunset to sunrise
Invitation was received from the Lexington Post 3007
Invitation VFW to attend the Installation of 0:f icers on Saturday,
June 6.
Upon motion duly made and seconded, it was voted
Appointment to re-appoint James M. West to the Board of Health for
a three-year term expiring June 1, 1967.
Upon motion duly made and seconded, it was voted
to grant the following licenses
Licenses Lexington Cab Co. 7 R Muzzey Street Public Carriage
Isabelle M. Kitson 847 Mass Avenue
Baker Ave Variety 14 Baker Attenue Sunday Sales
William M. Belcher 8 Balfour Street Taxi Driver
Richard E. Durkin 24 Fletcher Avenue " "
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on May 25, 1964
Upon motion duly made and seconded, it was voted
to sign an order for the construction of a sidewalk on Sidewalk
the westerly side of Lowell Street from Laconia Street Order
to East Street
Upon motion duly made and seconded, it was voted
to sign an order for the installation of a sewer main Sewer Ord
in Hudson Road from 82 feet east of Woodcliffe Road
easterly 485 feet to Cutler Farm Road
Upon motion duly made and seconded, it was voted
to sign an order for the installation of a sewer main Sewer Ord
in Munroe Road from 110 feet south of Underwood Avenue ,
710 feet to beyond Woodcliffe Road
Upon motion duly made and seconded, it was voted
to meet at 7 :00 P.M. on Monday, June 8, 1964 Meeting
Mr. Gray reported that the TraZfic Study Committee,
consisting of Mr Burnell of the Board of Selectmen,
Chief Rycroft and Superintendent of Public Works Carroll,
met with a large representation from the Christian Brothers
The whole area was explored as an access to and from the
school. It was the general opinion of the Traffic Study Christian
Committee that in theinte rest of public safety in the School
entire area, Bartlett Avenue should be the entrance to the
school. The Committee feels the entrance should be over
the piece of land the school wants to purchase from the
Town
Mr. Carroll reported that the State feels the inter-
section at Lowell Street and Summer Street is extremely
poor for an access and would require major construction;
that Bartlett Avenue is much better because there is
sight distance both ways
Mr. Gray reported that the school does not plan to
use school buses but there will be a Volkswagen, and
most of the students will come in private cars or car
pools. They felt the maximum number of cars would be
fifty at the most when the school, is operating.
Mr. Carroll reported that the school representa-
tives said the school grounds could be graded and left
open for the children in the area to play
Mr. Cataldo asked if there war a sidewalk on Bartlett
Avenue, and Mr. Carroll replied in the negative.
Mr. Cataldo asked what the school would do if the
L_
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ad.
Town refused to sell this piece of land, and Mr. Carroll
replied they would use Pearl Street .
Mr. Brown asked about the cost of a sidewalk, and
Mr. Carroll estimated $3,000.
The Chairman asked if the Traffic Study Committee
was recommending in and out or one entrance
Mr. Carroll replied the Committee would like it
in and out .
Mr. Gray said the Committee did not actually vote
on this in and out, but felt Bartlett Avenue was most
desirable.
The Chairman said there is nothing to prevent the
school from going in Pearl Street
,Mr. Gray said the school has the right to use both
Pearl and Arcola Streets.
Mr. Cataldo asked if the State would redesign the
whole intersection if the school goes out Lowell Street.
Mr . Carroll replied that the way the State repre-
sentatives talked the other day, it would have to make
takings and involve reconstruction. He explained that
the Christian High School representatives did say they
would accept a suggestion to go out Lowell Street
A gentleman from Bartlett Avenue , who neglected to
give his name, asked about sidewalks and what would happen
if they did go down Bartlett Avenue .
Mr. Carroll replied that sidewalks would cost about
$3,000.
The gentleman asked if the school would have to put
the sidewalks in, and Mr. Carroll replied in the negative.
The gentleman asked if the State would have to redesign
for fifty cars a day.
Mr. Carroll replied in order to make it safe, it would
have to redesign He explained that if the Christian High
School came out that intersection, it would not be necessary
to redesign the intersection, but it would be dangerous,
and the only way to correct it would be to redesign. He
explained the volume of traffic had nothing to do about
redesigning.
Another gentleman from Bartlett Avenue, who also
neglected to give his name, asked if lights would be re-
quired if Bartlett Avenue was used.
Mr. Carroll said this question did come up and as
nearly as he could recall, the Chief thought there was a
possibility that during school hours police protection
could be provided although this did become a policy question
as to whether or not police personnel could be used to
provide protection for a private school He said Lowell
Street is a much more difficult situation and an entirely
different situation
255
The Chairman said the Christian Brothers have the
right to go out Arcola and Pearl Streets, byrt they wanted
to get along with neighborhood and the Town
Mr. Gray said they will do anything they can within
the bounds they consider reasonable
One of the gentlemen present said he still felt Lowell
Street is the safest way
Mr. Carroll said he disagreed, the police disagree,
and two State representatives who have been in the traffic
business all their lives disagree also He explained that
volume of traffic is not the problem, but poor sight dis-
tance at Lowell Street is a problem He said he felt
very strongly that Lowell and Summer Streets is a very
poor place; the Chief of Police and the State feel the
same way
Mr. Richards recommended the orderly procedure for
the sale of tax title land be followed in that the Board
entertain offers.
Mr . Sheldon said if the Board is going to advertise,
Mr. Gray should notify the Christian Brothers because
they may not read the paper.
Mr. Gray said the lots should be checked out first
One of the gentlemen present said a neighbor next
door has been trying to buy these two lots He does
not intend to sell their land to the school
The Chairman stated that the school is not pre-
cluded from going out Pearl or Arcola Street
The gentleman said he felt that one of these
children will be killed
Upon motion duly made and seconded, it was voted
that a proposal to sell Lot #107, Bartlett Avenue, Tax title
be advertised in the Lexington Minute-Man and that
further consideration be given the offer at a future
meeting of the Board
The Chairman read a letter from the Board of Public
Welfare requesting approval of an expenditure of $94
from the income of the Bridge Charitable Fund for payment Bridge
of necessary dental work in the case of Renee Renwick, Charitable
48 Bellflower Street, age eight, whose mother is a widow Fund
and financially unable to pay
Upon motion duly ma e and seconded, it was voted
to request the Trustees of Public Trusts to approve the
expenditure of $94 from the Bridge Charitable Fund.
The Appropriation Committeemet with the Board to
discuss motions for the Special Town Meetings to be
held on June 8.
During the discussion of Article 8 pertaining to
the installation of sewer and water mains under a portion
256
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of Route 2, Mrs . Trombetta of Lawn Avenue met with the
Board
Mr. Carroll said Mrs. Trombetta called him this
morning and told him her well is without water. The
Fire Department has supplied her in the past two or
three years in July when the well ran dry. He said
a few weeks ago, the Board decided to eliminate the
water and sewer main on the section of Lawn Avenue
where Mrs Trombetta lives . Because the Town Meeting
is coming up next Monday, he thought it important for
her to meet with the Board.
Mrs. Trombetta said the well has been going dry
and the Fire Department h:. s supplied her with water
The State took one of her lots in the rear. Before
the State starts paving the road, she thought she
had better speak about the water to see if there is
any chance of getting it . She said she has a sale-
able lot for which she will eventually need water.
The Chairman said the Board had her problem, is
well aware of it, and will take it under advisement
and let her know what it is going to do.
Mr. Trombetta said she would appreciate it be-
cause she will have to consider getting a well dug.
Mrs Trombetta retired at 10:00 P.M.
The Planning Board met with the Selectmen, at '
which time Article 18 of the warrant for the June 8
meeting was discussed.
Planning Mr. Meyer reported that the Town can purchase
Board the land for $1200 an acre and $26,000 is a firm
offer. He recommended thEt an effort be made to
reduce this figure.
Mr.Greeley asked if the Selector n would go
along with an option up to $26,000.
The Chairman said the Planning Board would come
in with a firm figure and the figure will not exceed
$26,000.
Mr. Sheldon asked if the Planning Board would have
a firm figure for Town Meeting, and Mr. Meyer replied
in the affirmative.
The Board of Selectmen was agreeable to making
option money available to the Planning Board if neces-
sary.
The Appropriation Committee retired at 10 :50 P.M.
The Chairman asked what the Board wanted to do
about water in Lawn Avenue
Mr. Cataldo said it would cost $5100 for one
house and a vacant lot.
257
Due to the circumstances, it was agreed not to
recommend appropriation of funds to extend the water
or sewer mains to this portion of Lawn Avenue
Mr Brown was recorded in opposition
The Chairman read a letter fromJames J. Carroll,
Town Treasurer, advising that it is necessary toborro#r
$500,000 in anticipationof taxes . Bids were received
as follows
Borrowing
New England Merchants
National Bank of Boston 1.73% discounted
Lexington Trust Company 1.80% discounted
Upon motion duly made and seconded, it was voted
to approve the bid of 1.73% submitted by the New England
Merchants National Bank
Application was received from Raymond F. Boudreau
for a license to sell all alcoholic beverages, not to License
be drunk on the premises at 20 Worthen Road .
Upon motion duly made and seconded, it was voted
to hold a hearing on the application ori Monday, June 22,
1964, at 8:00 P.M
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to Francis J. Penzone, Permit
111 Felton Street, Waltham, a landscaper who does busi-
ness in Lexington.
The meeting adjourned at 11 :15 P.M.
A true record, Attest
ivy Cler , Select n
2 15 8
cm-
SELECTMEN'S MEETING
June 8, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, June 8, 1964, at 7 :00 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent . Mr. Richards, Special Counsel, Mr. Gray, Execu-
tive Assistant, and Miss Murray, Executive Clerk, were
also present.
Letter wa received from the Mystic Valley Gas
Company, requesting permission to locate a vent pipe
Gas vent for regulator pit in Massachustts Avenue, the vent
pipe to comply with insurance codes . The Chairman reported
that Mr. Carroll has approved the proposed location
Upon motion duly made and seconded, it was voted
to grant the request, construction to conform to Mr.
Carroll 's specifications .
Petition wys received from the Boston Edison Company
and the New England Telephone and Telegraph Company
Pole, guy for permission to locate pole, guy wire and anchor on
wire and Douglas Road. The Chairman reported that the proposed
anchor locations were approved by Mr. Carroll.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing i/o locations :
Douglas Road, northeasterly side, southeasterly from
a point approximately 128 feet southeast of
East Street, --
Thirteen poles, guy wire and anchor on thirteenth
pole.
The Chairman read a letter from the Town of Bedford
Selectmen advising that it is their intention to answer
Sewer in detail the Board 's questions concerning sewerage
flow, but has been delayed in getting the information
together.
Upon motion duly made and seconded, it was voted
to sign warrant to the Dog Officer directing him to
Dog Warrant seek out, catch and confine all dogs within the Town
which have not been licensed, collared or harnessed,
and tagged.
I
IN. f
Upon motion duly made and seconded, it was voted
to grant the following licenses : Licenses
Minute Man Cab 1833A Mass. Avenue Public Carriage
Garcelon Associates 21A Muzzey Street Intelligence Office
Starrett Associates 594 Marrett Road "
John Rutherford 21 Highland Avenue Guide
Lexington Bowladrome 1698 Massachusetts Ave Bowling -Sunday
(Form for State)
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on June 1, 1964.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sever; in Sewer order
Marlboro Road from Hudson Road a distance of 1,025 feet
southwest to Woodcliffe Road
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in SFWel4 Order
Normandy Road from Hudson Road a distance of 1,514
feet southwest to Woodcliffe Road.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in
Woodcliffe Road from Hudson Road a distance of 2,140
feet to Munroe Road.
The Chairman referred to the Boston Regional Plan-
ning Project and read Section 9 of the Federal Aid
Highway Act of 1963 approved October 23, 1962, which
amended Chapter 1 of title 23, United States Code, by
the addition of a new section 134.
The Board authorized the Chairman to sign a Memo-
randum of Understanding relative to continuing compre-
hensive urban transportation planning.
Mr. Richards presented five copies of the garbage
contract under whichtkeirown is currently operating, Garbage
effective June 1, 1964, and ending May 31, 1965. contract
Upon motion duly made and seconded, it was voted
to execute the contract between the Town of Lexington
and Stanley Roketenetz, Inc.
Mr . Richards presented collateral agreement which
he explained permits the garbage contractor to deposit Agreement
with the Town Treasurer, in lieu of cash or certified
check, a bank book with withdrawal slips in the sum of
$5,000.
2 b U icy,
Upon motion duly made and seconded, it was voted
to execute an agreement between the Town and Stanley
Roketenetz, Inc. , whereby the Town agrees to accept,
in lieu of $5,000 to be deposited in the form of
cashier certified check, the deposit with the Town
Treasurer the sum of $5,000 in the form of savings
account book No. 100681, and three withdrawal orders,
standing in the name of Stanley P. Roketenetz, Jr . ,
Trustee for Joseph Roketenetz.
Mr. Richards referred to lots 4 and 5 Massachusetts
Avenue, which he said was a matter of long standing.
Mr. Stevens brought up a few years back in which the
Town made a taking for taxes in 1927 or 1928, more
recently assessed to Mary D. Beane. Later it was dis-
covered that, because of an error in description, the
taking was wrong and the Town disclaimed its rights
Tax title under the tax title. The title examination of this
property has cast a cloud on the property because of
the fact there was an affidavit of low value filed.
He said he had a release deed in which the Town is
releasing all right, title and interest it may have
had to satisfy the possibility of this cloud. He
reported that the Town had no rights in this since
December 17, 1963, and this is the most economical
way to clear the title in so far as the present owner
is concerned and also the Town.
Upon motion duly made and seconded, it was voted
to execute Release Deed, releasing to Mary D. Beane
and to all persons claiming of record by, through enu
under her, any and all right , title and interest in
Lots 4 and 5 Massachusetts Avenue acquired by the Town
by deed from the Town Treasurer dated May 12, 1949, re-
corded in Middlesex South District Deeds, Book 7429,
Page 495.
The meeting adjourned at 7 :30 P.M.
A true record, Attest : ,
��ve 72/
k, Selectmf
r
261
I
SELECTMEN'S MEETING
June 15, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 15, 1964, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr Richards, Special Counsel, Mr. Carroll,
Superintendent of Public Works, Mr . Gray, Executive
Assistant, and Miss Murray, Executive Clerk, were also
present.
Mr. John Brucchi, 52 Paul Revere Road, met with
the Board He referred to an order issued by the Adams ' dog
Board that a Collie dog owned by Jean L. Adams, 69
Paul Revere Road, be securely restrained at all times
within the limits of the property of the owner except when
under the control of an adult and on a leash
Mr. Brucchi stated that the dog has been train d
to go after horses.* He stated the Dog Officer ha been
called several times and the Adamses admitted to 1 tting
the dog out
The Chairman said he has talked to the Dog Officer
and to the best of his knowledge, he has followed t"zrough
II on this .
Mr. Brucchi said the dog is roaming all over the
neighborhood morning after morning between six and
seven o 'clock. He said if the Board does not do some-
thing, he will have to go to Middlesex County or engage
an attorney He said he would like a copy of any corres-
pondence sent to Mr. Adams
Mr. Brucchi retired at 7 :35 P.M.
It was agreed to request Officer Shaughnessy to meet
with the Board next Monday night
Mr. Richards said he wanted to bring the Board up
to date on a matter that has been going on between him
and Mr. Irwin, the Building Inspector. He said Grand-
view Avenue has be n a matter of debate for some time .
The Town owns some lots and a Mr. Erickson owns some
lots there. This is not an accepted street and the Grandview
Town decided building permits would be denied. He Avenue
stated that applications for permits have been filed
and if a denial of the permits is made, there will be
litigation. He reported that Mr. Carroll said the
road has been bulldozed open. Mr. Rt6harda looked
at the road and said it is hardly passable for one
car. It is a lane, and prior to this time it was im-
' passable. He advised Mr. Irwin today that permits should
*He said the dog is let out without a leash.
Cc"
be denied, and it is Mr. Erickson's opinion he should seek
legal redress.
Mr. Richards said in reading the background, at some
point the Board of Selectmen should include this as a street
to be built under the betterment Act . Mr. Erickson cannot
build under the subdivision control because he can't get
the rights from other people. The tax title lots would
not be of any great value to the Town because of the con-
dition of the street. Water and sewer are available at
both ends. He said this is something the Board should
think about in preparing budgets for the next Annual Town
Meeting. He pointed out that if Mr. Erickson does take
action against theTown and is successful and the building
permit was issued, there is no water or.isewer. Any house t
that he built, he thought he would have difficulty in sell-
ing, but he didn't know. He said Mr. Erickson finds him-
self in a bad situation The Planning Board advised him
it does not see how he can build under the subdivision
control and the Building Inspector has refused a permit as
advised.
Mr. Sheldon asked if Mr Erickson would wait until
next spring, and Mr. Richards replied this had not been
discussed
The Chairman said if the Building Inspector is forced
to issue a building permit, the Town would not have to
put in water
Mr. Richards said the Town does not have to do any-
thing. It does not even have to plow.
Mr. Cataldo said under the existing law, a building
permit could not be issued without water
Mr. Richards said he could dig a well, but a permit
could not be denied for lack of water
Mr. Richards reported that sewer and drain easements
Easements have been taken on Woodcliffe and Marmoro Roads and the
necessary information would be given to the Executive
Clerk so the required notices can be sent out.
The Chairman read a letter from John H. Devine,
dated June 11, stating the the Board of Appeals denied
his petition for variance filed so that the status of
premises at 19 Slocum Road is still considered as a
single lot.
Devine sewer Mr. Carroll presented a plan on whicn he indicated
betterment Mr. Devine ' s house, the house lot , his son's Rouse and
denied the lot he tried to cut out. He explained Mr. Devine
is now in the position of having a single lot and he
thought on this basis the assessment should be abated
Upon motion duly made and seconded, it was vcted
to abate in full the sewer betterment assessment of
$1,055.25 levied against property owned by John H.
Devine, located at 19 Slocum Road an, referred to as
"the tennis court lot".
The Chairman read a letter from Kenneth J. Garland,
33 Wyman Road, requesting town sewer facilities
Mr. Carrollpresented a sewer plan of the North
Lexington area and stated that Wyman Road sewage would
eventually go to the Brook Street Pumping Station. He
said he felt that the Board should not install any more
sewer laterals in this area until some action is taken
to correct the infiltration problem, or increase the
pumping capacity in the pumping station. He said the
problem is not one of joint leakage, but some poor house
eonnections, made plus sump pumps pumping out into the
street. He said he did not know of a solution except
putting in larger pumps and force main, but it is im-
portant that the Town does not keep adding to this
system as the pumping station is being overflowed during peak
periods and letting raw sewage go into Topiat Swamp and
eventually to the Shawsheen River.
Mr. Sheldon suggested that the individual be advised
that the subject is being studied, but nothing will be
done until the Annual Town Meeting.
The Chairman said these people should submit a peti-
tion and Mr. Carroll could send them the necessary figures.
Mr. Carroll explained that he does not want to encourage
these people to the extent that they think the sewer will
be installed next year.
The Chairman said they could be told there is a real
problem which does not look as if it could be solved this
year, but get the figures.
Mr. Carroll said they could be advised that there
are problems in the area which have not been solved and
until the problems are solved, the Board can't add to
the system. We would keep their petition on file and
when the problems are solved, the petitions would be
acted on.
The Chairman read a letter from Oil Burner Tech-
nicians, Inc. in regard to locating a Class A Citizens Radio
Band radio station on town property, Winchester Drive station
N . Richards said he did not think the Board of
Selectmen has the right to grant use of Town property.
Mr. Eugene Heighton and his father, Allen F. Heighton,
were present at the meeting, and Eugene acted as spokes-
man for the Oil Burner Technicians, Inc.
Mr. Beighton said he would appreciate the Board
telling him why, if they do not like the proposal, they
do not like it and whet ° he may make corrections
264
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The Chairman stated this is Town land.
Mr. Richards said this is part of the land acquired
by the Town some time ago for park pupposes There is
an antenna on the property now which was part of a con-
tractual arrangement with the owner of the property
when the Town acquired the property. He said it would
be his opinion, without looking further, that the Board
does not have the power to enter into the lease, sale
or other use of the Town property for other than public
purposes, particularly permission to a private or�ani-
zation, corporation or individual
1 Mr. Heighton said he has been trying to get in
contact with Mr.Niekerson, Chairman of the Board of
Appeals. This land is not a part of the parcel Mr
Richards is talking about, but is on the opposite side
of tne street
Mr. Carroll stated that Mr. Heighton was talking
about thepublic way.
Mr. Heighton said all of this was within the road-
way of Winchester Drive.
Mr. Cataldo explained that Mr. Heighton wants the
same type of permission the utility company gets if
possible.
Mr. Richards said he would like to see a plan.
Mr. Heighton explained his plan, which was attached
to his letter, and indicated the edge of theroadway,
The Town line, the lot owned by Stone, the Town Park
and where he would like to put the pole.
Mr. Carroll presented a plan and indicated the new
Town li .e.
Mr. Heighton indicated on this plan where he would
like to place the pole which he said is 60 ' long with
4' in the ground. He said the box would be 6' high
and 3' wide.
Air. Richards asked if this had to be fenced, and
Mr. Heighton replied in the negative. He said the
utility company would let him go on the existing pole
if he can get permission from the Town of Lexington.
Mr. Richards asked who would maintain the pole.
Mr. Heighton replied Demar Electric of Watertown.
Mr. Richards said he meant for any damages .
Mr. Heighton said Oil Burner Technicians, Inc .
Mr. Carroll said frankly, he thought if granted,
this would be establishing a dangerous precedent.
Mr. Richards said he would pick up a copy of the
file tomorrow and asked if any effort had been made to
locate on private property.
Mr. Heighton said he talked with Mr. E. G. Stone .
Mr. Richards asked what benefit would this be to
the Town.
2665
Mr. Haighton replied Oil Burner Technicians would
be able to operate in the Town. They serve this entire
area.
Mr. Richards said that was benefiting Oil Burner
Technicians .
The Chairman said the Board would take the matter
under advisement
Mr. Heighton asked whom he should contact .
The Chairman said he would hear from the Board when
Town Counsel advises it whether it has authority to do-
this or not . He said the B.;ard should have some information
next Monday, and he would inform Mr. Heighton when the Board
had the information.
Mr. Heighton said at present Oil Burner Technicians
were off the air and may as well be out of business. He
said if the Board does not grant permission, he will have
to go to a private owner. He said he wanted to know
this evening what Oil Burner Technicians could do to go
back on the air tomorrow.
Mr. Richards said the Board could not grant him per-
Fission to use Town property; the street may be different .
He said the Board could not act in any way to give him
permission to use public property for private purposes .
Mr. Heighton asked what the smallest piece of land
would be that Oil Burner Technicians could purchase.
Mr. Richards explained that the Board can only sell
tax title property, other than that the Board would have
to be authorized to sell by Town Meeting.
Mr. Heighten said at present on Aerial end Fern Streets
and a street parallel to Wood Street, there are tax title
lots and asked if the Town woald be willing to sell this
tax title land.
The Chairman explained the procedure in regard to
the sale of tax title lots .
Mr. Heighton asked if Oil Burner Technicians bid for
this land for this use, would tris Board grant it.
The Chairman explained that the Board would sell the
land if Oil Burner Technicians was the highest bidder and
for the amount of money the Board thought the land was
worth
Mr. Gray explained that the notice on the bulletin
about these lots Mr. Heighton mentioned are not tax title
lots but are parcels being foreclosed by Mr. Carroll, Town
Clerk.
Mr. Sheldon said this land has not even been taken
by the Town yet.
Mr. Heighton asked what Oil Burner Technicians must
do to erect this pole if they can' t get in touch with
Mr. Nickerson.
9 66
(77
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Mr. Sheldon said if there is other tax title land
owned by the Town in which Mr. Heighton was interested,
the regular procedure could be followed. The land he
is interested in may never be acquired. He said he
could discuss this with Mr. Gray and see what land is
available and what land could be sold
Mr. Gray stated that it would do no good to see Mr.
Nickerson until Mr. Heighton had a piece of land .
Mr. Heighton said at the present time, he has a bid
in for a piece of land off Hillside Avenue and asked if
the Board would be willing; to sell that to him this evening
Mr. Gray said, as usual procedure, the offer was re-
ferred to the Planning Board and he has already told Mr.
Heighton that he did not think the Board would be willing
to sell this land, but he could submit a bid if he so
desired
Mr. Burnell stated that there is nothing the Board
can do this evening to solve Mr. Heighton's problem This
will take anywhere from a week to a month.
Mr. Heighton asked what the proper procedure would be.
Mr. Gray stated that he has discussed this with Mr.
Heighton for a period of three weeks now, and each time
he has had a different proposal. This is the first clear-
cut proposal he has presented His initial request was
private property and he told him that was with a private
individual and the Board of Appeals He said Mr. Heigton
apparently has a problem but until he knows exactly what
he wants to do, it is hard to act. He said the Board has
before it a concrete proposal and by next Monday night,
it will know whether he can put it on Town land .
Mr. Richards stated that there is more than a good
possibility the Town does not have title to the land . It
has not been the custom in the past for the Town to acquire
the fee in the street from the subdivider. He said Win-
' chester Drive may have been accepted as a public way, which
means it is for public travel. The Town does have fee to the
park land He said he could not say this evening if the
Town has more than an easement right, and the Board could
not grant anything fvr other than public purposes. He said
an easement was granted to the Town and the Town accepted it
as a street.
Mr. Heighton asked who granted the easement .
Mr. Richards replied DeVries was the developer of the
property
Mr. Richards retired at 8:24 P.M.
The Chairman read a petition for installation of sewer
in Burlinuton Street.
From what Mr. Carroll reported earlier in the evening
with reference to request for sewer in Wyman Road, the
267
Chairman said this installation was further away than
the Wyman Road sewer and suggested that a similar letter
be sent to these petitioners .
The Chairman read a letter from Isaac Blair & Co. ,
433 Harrison Avenue, Boston, requesting permission to
move a private dwelling from 2889 Massachusetts Avenue
to lot #8 on Stimson Road. Permit
Mr. Carroll reported that he went over the proposed
route with Chief Rycroft and Mr. Mazerall.
Upon motion duly made and seconded, it was voted
to grant permission to Isaac Blair & Co. to move the
building subject to the usual regulations.
Letter was received from Villa Belotti requesting Street
the installation of a street light at 21 Webster goad. light
Mr Carroll stated that he would take care of this.
The Chairman read a letter from Mrs Ernest Berglund
asking when the stonewall, to be erected by the Town on Ames
Ames Avenue, will be started. Avenue
Mr. Carroll said he is taking care of this. The wall
Board promised Mrs. Berglund at the hearing on Ames Avenue
that a stonewall would be built, and he said it would be
' done very shortly.
The Chairman read a letter from the Planning Board
listing proposed names for ways established or affected
by the alteration of Route 2.
Mr. Carroll presented a lan and stated that some-
thing should be done to change street numbers and as Street
soon as reconstructionis actually started on Route 2, numbering
there will be all kinc. s of problems if the numbers are
not changed . He was a little confused as to what makes
the change official and said he thought the procedure
was to have the Planning Board promote an article at a
Town Meeting. He suggested that r.he Board ask the
Planning Board to go into the fall Town Meeting with this.
Mr. Burnell said while these streets are being re-named,
Robbins Avenue or Robbins Road should be changed
Mr. Carroll suggested that the Planning Board ' s attention
be called to the fact there is a Stonewall Road, the Plan-
ning Board having suggested the name Stone Road for the
Frontage Road .
The Chairman read a petition from residents on Parker
Street requesting 20 mile per hour zone and signs. The Traffic
petition was referred to the Traffic Study Committee.
268
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The Chairman read a letter from Robert P. Outerbridge , '
8 Goodwin Road, requesting six rulings on sewer betterment
Ruling on charges .
betterments It was agreed to refer the file to Mr. Richards and
inform Mr . Outerbridge that his request ha, been referred
to Town Counsel.
Upon motion duly made and seconded, it was voted
to grant the following pole locations , all having been
approved by Mr . Carroll:
Freemont Street, northwesterly side, at Cedar Street, --
One (1) pole .
Pole (One existing JO pole to be removed. )
locations
Cooke Road, southwesterly from a point approximately
139 feet southwest of Douglas Road, --
Ten (10) poles .
Grove Street, southwesterly side, approximately 1030
feet southeast of Robinson Road, --
One (1) pole .
(One existing J6 pole to be removed. )
Grove Street, southwesterly side, southeasterly from
a point approximately 60 feet southeast of
Volunteer Way, --
Three (3) poles.
(Three existing JO poles to be removed. )
The Chairman read a letter from Murray Herscott ,
12 Rumford Road, whose dog the Board had ordered re-
strained, requesting a hearing before the Board.
Herscott The Chairman also read a letter frim Flihu Petnov,
dog 73 Laconia Street, asking for restitution of damage
caused by Mr.Herscott 's dog.
Mr. Cataldo reported that Mr . Herscott was taken
to Court and fined. He wanted the Judge to order
the Board of Selectmen to hold another hearing.
The Chairman reported that he has talked to the Dog
Officer . He said he thought Mr. Herscott and Mr . Petnov
should be asked to a hearing. It was agreed to have both
gentlemen in and also have the Dog Officer present .
Mr. Carroll retired at 8:50 P.M.
Complaint from Fred Meruling, 42 Maple Street, in
Complaint regard to two families living in a single family residence
at 30 Maple Street, was held over pending receipt of a re-
port from Mr. Irwin.
269
IIPetitionwas received from residents on Bedford Street
complaining about the property across from numbers 435 to
1 inclusive, which is beingused for a dump. Complaint
45 � p p
Mr. Gray said he talked to Mr Irwin today. The
people are complaining that someone is dumping loam there
and selling it.
The Chairman read a letter from Mr. Irwin reporting
that he had contacted the owner of the property, Mr.
Joseph Predejohn, 651 Marrett Road. Mr. Prestejohn is
aware of the problem but said dumping was not being done Complaint
under his permission and he has contacted the police in
an effort to prevent dumping.
Mr. Brown said the portion where loam is being re-
moved is another problem.
Mr. Gray stated that Mr. Irwin was checking this
The Chairman read letters from William L. Earley,
251 Marrett Road, and Margaret E Collins, 160 Woburn Bus ser-
Street, requesting the Board to take action to maintain vice
bus service in Lexington
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 at the jundzon of Field
and Barberry Roads on the evening of July 3 or, in the
event of inclement weather, on July 4.
A form letter was received from the State Group
Insurance Commission on the subject Hew Insurance Law -
Elderly Governmental Retirees .
Mr. Gray said he is trying to find out if by ac- Insurance
cepting Chapter 32B of the General Laws, the Town
is accepting a new provision, Chapter 647 of the Acts
of 1962 He said he thought the Town was all right
on this
Mr. Sheldon suggested that Mr. Gray check this.
Upon motion duly made and seconded, it was voted
to certify the characters of the following individuals
who have applied for Certificates of Incorporation:
John M. Doukas, 114 Cedar Street, Lexington, Massachusetts
Maria A Doukas, 114 Cedar Street, Lexington, Massachusetts
Burton L. Williams, 17 Dane Road, Lexington, Massachusetts
and others (not residents of Lexington)
Robert Lenk, 59 York Street, Marjorie Lenk, 59 York Street
and others (not residents of Lexirgton) .
270 �
Russell E. Cutter, 32 Brandon Street, Lexington, Mass.
and others (not residents of Lexington. )
Upon motion duly made and seconded, it was voted
Licenses to grant Taxi Driver Licenses to Francis C. Kiley, 10
Chase Avenue and Robert W. Weeks, 16 Lake Street.
Application for a Taxi Driver License was received
from Donald F. Bryant, 29 Hobart Street, Danvers
Mr. Gray reported that this applicant came in to
see him last week and stated that he is negotiating
purchase of the Minute Man Cab, Inc. However, his home
is in Danvers and under the present rules and regulations,
the owner must be a resident of the Town for six months .
Mr. Bryant plans to move to Lexington as soon as he can
dispose of his house in Danvers
The Chairman stated that no report has been received
from Chief Rycroft
Mr. Sheldon suggested that a report be obtained from
the Chief and that Mr. Gray find out whether or not the
Board has the right to waive the rules and regulations .
Mr. Gray said he would cheek with Mr.Richards and
have a report for the Board next week.
Upon motion duly made and seconded, it was voted
Dump permit to issue a Yearly Dump Permit to ABC Building Supplies,
Inc. , 47 Athletic Field Road, Waltham
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on June 8.
Upon motion duly made and seconded, it was voted
Meetings to hold regular meetings of the Board on the 13th and 27th
of July and on the 10th and 2Ljth of August .
lr Grapy said he would ,like to take his vacation the
last two weeks in August. The Board had no objection.
The Chairman read a letter from the Conservation
Commission in reply to the Board 's letter of May 20
relative to Mr. Harrison's inquiry as to whether the
Harrison Town would be interFsted in purchasing a portion of
land his property at 29 North Street adjacent to Willard 's
Woods . The Commission was unanimous in its opinion
that it would be advantageous to the Town to acquire
this property and would make application to the State
for aid if the Board desires it to do so.
The Chairman asked if the Board wanted to acquire
this land through the Conservation Commission.
2 /
Mr. Sheldon suggested that the Commission negotiate
and report to the Board
Mr. Gray said Mr Jarrison wants $3500.
Mr. Richards, Special Counsel, returned to the
meeting.
Mr. Gray reported that he received a call from Juniper
Farms, Hudson, whose truck selling ice cream in Lexington
was stopped by the police The representatives from the
Farms told Mr. Gray he had this trouble in other communi- Peddler
ties and the Attorney General' s Office advised him that
the type of regulations these towns have is illegal
Mr. Richards said if these people are licensed by
the Stele, no regulations that the Town has can stop
them.
It was suggested that Mr. Gray send Juniper Farms
a copy of the Town Rules and Regulations on Peddlers
Decision relative to the need for official Town in-
volvement in the process of integrating the American
negro into the community was held over.
Mr. Sheldon suggested the appointment of a Study
Committee to consist of one clergyman from each of the
three major Faiths, representative from the PTA, repre-
sentative from the Junior Chamber of Commerce, repre-
sentative from the Civil Rights Committee and one or two
members at large; the Committee to study as long as it
wishes and report whatever recommendations it may have,
as a result of the study, to the Board.
Mr. Cataldo suggested that Mr. Kent be invited to
meet with the Board again in an attempt to find out ex-
actly what he has in mind. He pointed out that when
Mr. Kent met with the Board on May 25, he had with him
some of the people involved in both groups.
The Chairman said there was an active Civil Rights
group in Town and he had faith in the present Civil Rights
group
Mr. Cataldo said his thought was to have Mr. Kent
in to explain what he feels this new committee would
accomplish that the Civil Rights Committee won't accomplish.
Mr. Sheldon said the study committee might feel that
the present Civil Rights ' group is handling the matter
adequately
The Chairman said Mr. Kent wants the Board of Selectmen
to take a stand on Civil Rights
Mr. Sheldon said if the committee came back with a
report, it might be that the Board would take a stand,
and that he was only recommending that a study committee
determine whether another committee is necessary
(J
Mr. Cataldo said he thought Mr Kent should lay his
cards on the bable.
Mr. Brown asked if this could be done by a telephone
call to Mr. Kent
The Chairman reported he had agreed to meet with Mr
Kent himself and discuss the matter with him. If the
Board wanted him to, he would meet with Mr. Kent and
further explore the matter. He asked if the suggested
committee would be appointed by the Selectmen, and Mr.
Sheldon replied in the affirmative
It was agreed that the Chairman should contact Mr.
Kent and report his conversation to the Board next Monday
Mr. Cataldo reported that the 4-H Club would like
the Board to consider some area in the Town, Town-owned,
to be designated as a 4-H area.
4-H Club The Chairman said this would be to set up a horse ring
and hold a horse show
Mr. Cataldo said the problem is to find an area
with ample parking space so that automobiles would be
off the public streets The Club would improve the
property and remove the ring
The Chairman reported that he had requested Mr.
p q
Bertini to discuss this subject with the Recreation
Committee.
The Chairman also suggested that possibly a portion
of the dump area on Lincoln Street could be used, but
Mr. Cataldo said it would be too bad to have the Club
fix the area and then have it taken away.
Mr. Gray said he did not think the Club 's type of
operation would be compatable with the type of operation
that will be in the dump.
Mr. Brown suggested that the Recreation Committee
request, through Mr. Gray, a list of all tax title pro-
perty and if an area can be used for this purpose, he
thought it would be better than to sell it for develop-
ment purposes.
Mr. Cataldo stated that the Town owns a parcel of
substantial size on Concord Avenue . He suggested that
all Town-owned property be checked by Mr. Gray and the
4-H Club be granted permission to use the parcel best
suited for its purpose.
Mr. Brown reported that a week ago today, a meeting
was held with the President of Arthur D. Little Co. and
two of its City Planners. The purpose of the meeting
was to hear their ideas on what they feel may be wrong
or right in the present down-town business area. The
conclusion reached that there is much wrong with the
downtown area. They said he did some work on the tenta-
tive
layouts for the future oftthe center area and had
shown them to Mr. Gray, Mr. Carroll, Mr. Adams and Mr.
27
Sterns from Arthur D. Little to show what he had done.
A meeting was held Saturday morning, at which Mr. Adams
was present.
Mr. Adams said there are two things coming upl the
opening of Filene 's shopping center within three to five
years, and the National Park within five to ten years .
The group feels this area could be redeveloped into a
compact service center which would be so different and
attractive it could be used by the local people and also
for people coming to see the National Park. They did
not urge urban renewal but thought this could be done
under private Authority, even going so far as to the
Town leading the parking areas to the Authority. He
said it seemed to him the only possible answer, as there
is a successful but very shabby shopping center now. He
said if the planning is not done now, when the time comes,
it will be too late and too expensive. He said it seemed
worthwhile enougn to have a res -onsible group looking at
it now.
Mr . Sheldon asked if these people were City Planners
or not
Mr. Adams replied this is one phase .
Mr. Sheldon asked if they hoped to be retained.
Mr. Brown replied that the President of Arthur D.
Little lives in Lexington and they came out on their own
free time
Mr. Sheldon said this is a City Planning job .
Mr. Alms Adams stated theyfeel it should be done by
private enterprise . He said he did not think anyone
realizes what will happen when the National Park starts
This is something that can be an asset to the Town and
bring in additional finances .
The Chairman said at this time, where the Chamber of
Commerce has shown such an interest, it should carry the
ball for the time being.
Mr. Adams said he thought it needs some liaison,
but he did not mean it should be taken over by the Board
of Selectmen.
The Chairman said he would like to give the Chamber
of Commerce an opportunity to carry the ball, and if it
needs help, then it would be time for the Board of Select-
men to step in.
Mr. Brown stated that he has an appointment tomorrow
with Mr. Sterns of the National Park Architectural Planning.
The Chamber of Comm rce is interested, but as Mr. Adams
pointed out, if anything is to be done, now is the time.
He said the Central Block group has plans for a new build-
ing and the Hunt Block is going to be replaced within
three to five years If there is no plan, these people
will build their own buildings
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The Chairman said the Chamber of Commerce did start
this and he would like to give it a chance to carry the
ball.
Mr. Adams said the administration of the Chamber of
Commerce changes. He said let the Chamber of Commerce
head it, but have a number of stbstantial or highly in-
terested local men. He said the Chamber of Commerce
has never worked with the banks.
The Chairman said this is something the Chamber of
Commerce started and leadership, as in the Board, comes
and goes, but for the time being, let it handle this and
bring it to the point where it needs the backing of the
Board and probably the creation of an Authority.
Mr. Cataldo said a substantial amount of money will
be involved and the people who hold the property will
have to be interested
The Chairman said he we not saying this should be
left with the Chamber of Qommerce, but just that it should
be given a chance.
Mr. Gray said this must be broader than the Chamber
of Commerce. ,He said after tomorrow it will be known
whether the National Park Service has any money for
architectural work. He said there is also the possi-
bility that funds would be available through the Ford
Foundation. He said when it has been determined whether
money will be made available for architectural work, then
would be the time to call a meeting of the property owners
and find out what the sentiment is . He said no grant would
be forthcoming if half the property owners are opposed to
this.
Mr. Brown said this is something in which people
have suddenly expressed an interest.
Mr. Burnell asked if the Board would find out what
the Chamber of Commerce would do.
Mr. Brown reported that he went to its meeting last
week and nothing was done. He said he received this in-
formation and went back to the Chamber of Commerce, and
one-fifth of the downtown ownership is interested and
willing to co-operate - the Central Block and the Hunt
Block He said he agreed with Mr. Adams, this must
rest with people outside of the Chamber of Commerce.
The Chairman said he would like to give the Chamber
a chance
Mr . Adams suggested that the Board of Directors of
the Chamber of Commerce be invited to meet with the Select-
men next Monday and ask what they suggest.
It was agreed to invite the Board of Directors and
the Planning Board to meet with the Selectmen next Monday,
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,
I
mighg adversely affect the public security, the financial Executive
interest of the Town, or the reputation of any person Session
The Chairman read a letter, addressed to Mr. Cataldo,
from Miss Edna G. Sanford, and following a discussion of
its contents, it was voted to resume the open meeting.
The meeting adjourned at 10:12 P.M.
//
A true record, Attest ,,r /
ecive k, Sele men
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21
SELECTMEN'S MEETING
June 22, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 22, 1964, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr. Gray, Executive Assistant, Mr. Higgins,
Assistant Town Engineer, and Miss Murray, Executive
Clerk, were also present
Mr. Higgins informed the Board that bids will be
Bids taken on the second sewer contract, including the streets
to be constructed, on June 29, at 4:00 P.M.
Mr. Higgins reported on bids taken for sidewalk
construction.
The Chairman read a letter from Rotondi and Sons,
a copy of which was given to Mr.Higgins, with refer-
ence to the specifications .
Mr. Higgins stated that the contractors are warned
in the contract to become fully acquainted with the job.
Many times when they come in and get the specifications,
they ask for a map or have someone from the Engineering
Department go out with them. In this case, one of the
men in the department did go out with Mr. Rotondi.* He
explained that Mr. Rotondi apparently is talking about
building a sidewalk and the Town is rebuilding. He said
only one inch of gravel would be put in so the specifi-
cations s written are correct
Upon motion duly made and seconded, it was voted
to award the contract for sidewalk construction to Celluci
Construction Company, the low bidder, at its bid price
of $5,800.
Sidewalk & Upon motion duly made and seconded, it was voted
Street to award the contract for street and sidewalk resurfacing
resurfacing to Trimount Bituminous Company, the low bidder, in the
amount of $34,515.
The Chairman read a letter from Robert J. Dunn,
Conduit & Right of Way Agent for the New England Telephone and
manhole lo- Telegraph Company, relative to the hearing held on
cations June 1 on petition for proposed conduit and manhole lo-
cations in Massachusetts Avenue and Rowland Avenue.
Mr. Dunn has visited Mr.Pfaff, 6 Rowland Avenue,
and telephoned Mr. Robert X. Geary, 8 Rowland Avenue,
who were present at the hearing and raised some questions.
Both gentlemen have withdrawn their objections.
* He said he did not understand Mr Rotondi 's statements.
Upon motion duly made and seconded, it was vol-ed
to grant the petition and sign the order for the fol-
lowing telephone conduit and manhole locations :
Massachusetts Avenue, from a po nt 40► easterly frcm
westerly side of Rowland Avenue, one manhole 58/8A.
From M H 58/8A, southwesterly, approximately 8.51
of underground conduit .
Rowland Avenue , southerly, then westerly, from Massachu-
setts Avenue , approximately 411 .5, of underground
conduit .
The Chairman read a let er from Mrs. Alan H. Barrett ,
3 Dane Road, requesting permission to codduct a block
party on Sunday, June 5, between five and seven o'clock Permit
on the area bounded by Dane and Foster Roads.
Upon motion duly made and seconded, it was voted
to grant the r.;quest.
The Chairman read a lette r from the Planning Board
stating that in the opinion of that Board it would be
desirable for the Town to acquire the land owned by
Burton Harrison, 29 North Street , adjacent to the Willard's
Woods
Mr. Sheldon said he would be in favor of the Con-
servation Commission acquiring this land, if the Board
is in favor of purchasing it , and recover 50% of the
price .
Upon motion duly made and seconded, it was voted
to acquire the property through the Lexington conser-
vation Commission, working with Mr. Gray, and h. t the
Commission be requested to take the necessary steps Harrison
prioi+ to Town Meeting action. land
Mr. Gray reported that Mr. Harrison wants $3500
for five acres .
The Chairman asked Mr . Gray to work with the Con-
servation Committee
Upon motion duly made and seconded, it was voted
to grant permission to Mrs . John T. Blackwell and other
residents of Bennington Road to conduct a block party Permit
on Tuesday, June 23, between five and seven in the even-
ing.
Upon motion duly made and seconded, it was voted
to a; prove the minutes of the Selectmen ' s Meeting held Minutes
on June 15, 1964.
1
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Upon motion duly made and seconded, it was voted
License toissue a Public Carriage License to William M. Belcher,
new owner of the Lexington Cab Co. ,Inc .
Upon motion duly made and seconded, it was voted
License to renew Mr. William G. Nowlin's license to be a Guide
within the limits of the Town.
Further consideration was given to Mr. Donald F.
Bryant 's application for a Taxi Driver's license.
Mr. Gray advised that this is the gentleman who
wants to purchase the Minute Man Cab Co , Inc . The
problem is a residence restriction which he cannot meet
because he does not live inLexington although he plans to as soon
as smib as he can dispase of his property in Danvers
Mr. Sheldon suggested granting a license for a
period of six months .
Mr. Gray was requested to discuss the subject with
Mr Bryant
Mr . Gray reported on the Planning Board' s recommend-
dation relative to offers received by the Board to purchase
tax title lits Valleyfield Street and Hillside and Ann
Tax title Avenue .
Upon motion duly made and seconded, it was voted
to advise Mr. Anthony A. LaRocca, 18 Partridge Avenue ,
Somerville, that it is the Board's opinion that it would
be in the best interest of tie Town to retain Lot 79,
Valleyfield Stre ,t.
Upon motion duly made and seconded, it was voted
to advise Mr. Allen E. Haighton, 9 Tucker Avenue, that
Tax title it is the Board's opinion that it would be in the best
interest of the Town to retain tax title lots on Hill-
side Avenue and Ann Street .
Letter from the Oil Burner Technicians, Inc. , 7
Massachusetts Avenue, requesting permission to locate
a Class A Citizens ' Band radio station in the vicinity
of Russell Road and Winchester Drive, was held over.
Radio The Chairman read a letter from Mr. Ncrman J.
station Richards, Special Counsel, advising that he could find
no authority for the Board of Selectmen to grant per-
mission for aprivate corporation (not a public utility)
to use a portion of a public way (Winchester Drive) for
a purely private purpose It was Mr.Richard' s opinion,
based on the }3resei'itation made by the corporation's re-
presentative, on June 15, that such a grant would be
beyond the authority of the Board
T
The Chairman read a letter from Norman J. Richards,
Special Counsel, with reference to a letter dated June 17
received by the Board from Robert P . Outerbridge with
reference to the sewer for 8 Goodwin Road. Goodwin
The Chairman said he would write to Mr. Outerbridge Road sewer
and in reply to his inquiries, quote from Mr. Richard' s
letter
Mr.Hig,ins retired at 8:00 P.M.
At 8:00 P .M , hearing was held upon application of
Raymond F. Boudreau for a Retail Package Goods Store
License to sell all alcoholic beverages at 20 Worthen Road.
Mr. Bourdrea, 41 Baskin road, his attorney,
Charles B. McCauley, Jr , 7 Winn Stre t, Woburn, and
several persons were present at the hearing.
The Chairman stated that notice of the hearing
was advertised in the June 4, 1964 issue of the Lex- Boudreau
ington Minute-man Package
Mr. McCauley stated that he had sent notices to Goods
the abutters and submitted return receipts to the Store
Chairman . hearing
The Chairman explained that proponents would
speak, when the proponents h.d concluded, anyone
appearing in opposition would be given an opportunity
to speak and then the proponents would have an oppor-
tunity to answer questions .
Mr. Charles R. McCauley, Jr. , 7 Winn Streot , Woburn,
stated that he was representing the potitionbr, Mr.
Raymond F. Boudreau He provided each member of the
Board with a copy of the lot layout and a plan of the
building which was illustrated in a painting he had
on display
Mr. McCauley explained this is the u 'ual appli-
cation for a Package Goods Store permit under Chapter
138 of the General Laws. He said the ap licant is a resident
of the Town of Lexington and a substantial taxpayer. The
location proposed is on Worthen Road opposite the First
National Store. The area is three-quarters of an acre -
%,390 square feet , and the entire a ea would be used for
just this one building and purpose . The land in this
area is zoned, under the Town of Lexington zoning law,
as a C-2 area He said he understood a C-2 area is the
only area under the present law in Lexington where a
package store is permitted. The Town has three C-2
districts, one area next to the Arlington line, in
which there are two of this type stores; the other C-2
zone is the Center where there ale three of these re-
tail establi hments. The third and last remaining
280 aa')
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area is this loca ion off Worthen Road. He pointed out
that this area is in theHistoric Districts and the plans
and specifications for the building have been submitted and
approved by the Historic Districts Coxruuission. He said
the lot is large and there would be a large green area;
there would be Colonial lanterns along the walk to the
store and Mr . Boudreau would install granite curbing along
Worthen Road. In addition, it is proposed to install
underground wiring so there will be no overhead wires.
All products will be received through a rear door and if
storage is needed, it will be on the second floor. There
will be an electric escalator inside the building to carry
the product to the second floor. Any disposal will be
in a large steel container provided by a private contractor
and disposed of by a private contractor . He said there
would be no neon signs outside or in the windows of the
establishment. All parking will be off the road, on the
side, and to the rear with none in front
No one else wished to speak in favor of granting
the license.
Mr. Carl Blake said he was representing the First
Parish Church, and the First Parksh Church Committee at
its recent meeting voted unanimously to oppose this
license for two reasons They are not objecting to Mr.
Boudreau, but this particular enterprise in this particu-
lar
zone in Town . He said it is the location of this
type of store in a district which is close to three
churches and within the Historic District The second
reason is the question of the need of this type of ser-
vice in this area of Lexington It is very close to the
existing C-2 District He said the license is permissible
but not obligatory. He said the amount of competition
in the center of the Town is such that there would be no
appreciable service rendered to the citizens of Lexington .
Mr. Alden Jefts, Precinct 4, said there was some
directioniven to the then existing Board of Selectmen
at the 1963 Annual Town Meeting when permissive use of
liquor stores was requested in several areas . This was
out on the Town warrant to determine the Town 's feelings
and overwhelmingly at that Town Meeting it was indicated
that the Town Meeting Members and their constituents did
not feel that further licenses were necessary to the
welfare of the Town nor should the Board of Selectmen
feel compelled to issue the license available.
Mr. Malcolm Gavin, Precinct 4, stated that he agreed
with the first speaker.
Mr. Howard Custance wished to be recorded in oppo-
sition and said it is bad taste to put a store like this
in a residential district where there are three churches
and children traveling back and forth to the playground
and Hayden Recreation Center.
281
Mrs. Caroline Smith, 253 Waltham Street, said she
has a husband, two boys, one twenty-three and one sixteen.
They have lived in Lexington five years and she wished
to state the whole neighborhood is against this.
Mr. Richard Reckard, 93 Adams Street, was recorded
in opposition.
Mr. Frank McBride said the line should be drawn at
five liquor stores There are three churches and the
children go back and forth to the center playground and
it is not conducive to good upbringing of these children
He was recorded in opposition.
Mrs . Barbara Reckard said she was opposed and that
five liquor stores are five too many, and dry towns use
the stores in Lexington.
Mr. Nielson, Vine Brook Road, said he strongly ob-
jected to any more liquor stores in this Town
Grace Pearson, Freemont Street , a teacher, said be-
cause of the moral example, she was opposed.
Mr. Reuben Seth said he was not for or against, but
he did not recall that he received a notice, and asked
if he wouldn't be considered an abutter
Mr. McCauley explained that he checked with the Board
of Assessors ' records and Mr. Seth is not an abutter as
his land does not adjoin the property
Mr. Seth said he has a triangular piece of property
in there and he did not think they were properly notified.
The Chairman said this would be noted.
Mrs . Eula Wilder, Normandy Road, said she has lived
here four years but as a member of one of the churches
in this area, it is not a pleasing thing to have friends
or relatives from out of State come into the Town and
see a Package Goods Store so near three churches. She
said for herself she does not like that she has to be one
in the Town of Lexington that has allowed a liquor store.
She said she does not use it and is very much opposed and
that five stores are enough
Mr. Henry Hoffman, 2561+ Massachusetts Avenue, said he,
as a member of one of the churches, and as one who would
like to see the Town dry, was opposed
Elaine Major said she goes to Grace Church and they
do not approve of this. She was sure an overwhelming
majority of the church would be opposed.
Reverend Wilder of Grace Chapel said he would like
to keep Worthen Road a residential community. They do
not want this liquor store with the new apartments or
the church.
The C iairman read a letter fram Ephraim Weiss, 462
Lowell Street , registering_ opposition.
AVL !ate
771
Mr McCauley explained that the General Laws provide
for a liquor store for every 5,000 inhabitants or fraction
The 1960 census was ,,lose to 27,000 and there is a State
or Federal census taken every five years . With the next
one, there is a possibility of the population going over
30,000, at which time another store would be permissible.
He stated that when the legislature adopted that law, it
saw to it that 5,000 population was adequate for the
support and maintenance of a store. He said whether
people approve of liquor or don 't approve of liquor,
he didn 't think the burden should be on the Board A
majority of the voters in the Town have adopted liquor
in the Package Store category and they majority rules
The immediate abutters, Niles Realty and Douglas Trust ,
have no objection and do not feel it would be harmful
to the rental of the apartments or they would be present
to oppose He said the liquor industry is very closely
controlled and the Board has the authority to grant the
license The Board also has the right to revoke or
suspend if they see any violations. He said no one is
permitted to go in the sabre unless he is twenty-one or
over. * In regard to being in the Historic Districts ' area,
the building has been approved and will conform with the
general nature of the area.
One gentleman asked if there was a law against
having a liquor store so near a church.
Mr. McCauley explained that liquor stores aye per-
mitted within 500 feet of schools and churches. The
nearest church, he paced it with his car, is 4/10 of a mile.
Mr. Jefts said the Board of Selectmen now sitting
is not entirely alone in that it does have a vote of
the Town Meeting to guide it.
No one else wishing to speak, the Chairman declared
the hearing closed at 8 30 P.M
Later in the evening, it was unanimously voted to
deny the application of Raymond F. Boudreau for a Package
Goods Store license at 20 Worthen Road .
Dog Officer, Michael Shaughnessy, met with the Board.
Herscott The Chairman stated that the hearing scheduled upon
dog request of Murray Herscott, 12 Rumford Road, has been
postponed at Mr. Herscott 's verbal request .
The Chairman informed Officer Shaughnessy that
Mr . John Brucchi, 63 Paul Revere Road, met with the Board
last week and reported that the dog owned by Mr Adams ,
69 Paul Revere Road, was out in violation of the Board's
Adams ' restraining order
dog Officer Shaughnessy said that he has ,one up to
Adams ' house at least a dozen times and has never seen
*During holidays and sundays, the store is not open.
L__
the dog outside. The dog is out in the morning and
evening but the people were right there with her and
took her back into the house. He said abort ten days
ago, he was at the corner of Bedford and Hill Streets
and received a call. He went right up, but the dog
was not out He stated that Mr.Brucchi has no complaint
at all; that this is a neighborhood feud and he has told
Mr. BAzncchi it is a neighborhood feud, between Brucchi
and Adams . He said not once have the Adamses violated
the restraining order
Mr . Sheldon said it would ajj:ear that Mr . Shaughnessy
does not have enough information to file a complaint .
Officer Shaughnessy said, not any. He has talked
to the Adamses and some of the neighbors , and the dog is
never free. The neighbors say that airs . Adams is with
the dog at all times He said there is no basis for a
complaint .
Officer Shaughnessy re orted that Mr Murray Herscott
was fined by the Court . He went over there this evening
at 6: 30 and left at 8:00 He said th_ s is another
neighborhood feud
Mr. Sheldon asked if the Herscott deg was now being
restrained, and Officer jhaughnessy replied in the affirma-
tive .
Mr . Sheldon asked if everything was being done that
should be done and there was no cause for complaint .
Officer Shaughnessy replied the dog is being re-
strained, it is tied and will be tied. He said if it
gets away, the dog will be disposed of.
The Chairman reported that Mr. Herscott is retaining
counsel.
It was agreed to advise Mr. Brucchi that after con-
sulting with the Dog Officer, the Board found that the
Adams ' dog is being restrained to the best of the Dog
Officer ' s knowledge
Officer Shaughnessy retired
Members of the Board of Directors of the Chamber
of Commerce, Mr. Scheublin, of the Lexington Trust Company,
Mr . William Potter of the Lexington Savings Bank, Mrs.
Riffin and Mr. Zalesky of the Planning Board, arrived at Downtown
the meeting . business
The Chairman explained that the meeting was to do area
with the downtown business area. Mr . Kolovson and the
Chamber of Commerce has had a meting . The reaction of
the Town has been good as far as he ha; been able to
determine, and asked if anyone had heard unfavorable action.
284
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Mr. Kolovson said in 1961, March 9, he cut an
article out of the Boston Traveler about Williamsburg
and thought it might apply to Lexington . He said it
has long been his f:eling, six years, that the center
of Lexington would be in trouble as a result of the
people going to shopping centers. He said every time
a shopping center opens , whether successful or not , busi-
ness is taken away from someone doing business before.
He said the time to do something is to start as soon as
possible There have been two ways in which downtown
business areas have fought to keep alive . One has been
for the merchants to get together and go on a promotional
campaign and out-price their competitors He said some
of this may be necessary and good, but he has not felt
this is in keeping with what the people of this Town
would like. He said he feels the way to keep people
shopping in Town is to offer them something the other
centers do not haN, e He said he did not feel that the
center, as it now stands, is in keeping with the image
of a town of its heritage. He has written Williamsburg,
St. Augustine, Scottsdale, but he feels a restoration
would not be proper because it would entail too much
work. In disaussing this for the past three years, they
have been working for a face lifting, giving Lexington
Center an historical image Two weeks -go tomorrow,
they met with several people of the Arthur D. Little
Company who worked in this general a: ea of putting a new
life into the centers of larger cities . They feel Lex-
ington would have to do something dramatic and that Lexington
should put up a facade He said they have explored
several different ways of getting the project done and
would like to do it through private financing. He said
he was seriously concerned about the future of retaining
in Lexington Center unless a major project is undertaken.
He said any survey would show that Lexington Center is
not getting its proper share of the retail dollar. As
a resident, he would not like to see the day when there
are many stores for rent in Lexington Center He said
some action should be taken before it is too late.
The Chairman said a meeting had been held with re-
presentatives of the National Historical Park.
Mr. Brown reported that it did not prove too fruit-
ful. It was thought that through it , it might be possible
to get financial aid. However, there is nothing in the
way of financial assistance through the National Park
Service He said the group should not only be talking in
terms of the downfall of Lexington Center, but should be
thinking ahead of what is being told about the opening of
the National P rk He said a week ago, the Board voted
that Mr. Gray would work with the Chamber of Commerce to
see if this can be kept going He stated tha tomorrow
he, Mr. Gray, Mr. Trani and Mr Kolovson have an ap-
pointment with a foremost urban renewal architect working
with Ha_•vard who has displayed a very general interest.
The Chairman :sked(.if the Planning Board had dis-
cussed this .
Mr. Zalesky replied there has been no meeting since
the Board heard of this . Three members of the Board are
out of Town.
The Chairman said the Selectmen feel this is some-
thing that should not be dropped, and asked if the merchants
had indicated any unfavorable reaction.
A gentleman, who d-d not give his iiame, said he has
not heard anything that would undermine the plan of what
little they have obtained through Mr. Kolovson. He said
there is great consideration given to renewal of leases
in Town and several a_ e coming up. They aie pursuing the
thought of shorter term leases. This would lend itself
as to what happened in North Carolina. He said he be-
lieved the merchants are 100% behind anything like this,
and with the exception oi. two landlords , he did not know
how they feel about it .
The Chairman asked if there was a list of the land-
lords who would be involved
Mr Kolovson replied he has a list that is 90% com-
pleted.
The Chairman asked in what manner this would be
pursued, that very shortly some concrete action would
have to be taken.
Mr. Tarbox said this is something whighLJall the
Boards are bound to be inter.)sted in; the Town is bound
to be interested for the assessed valuations which are
bound to go one way or another and the Chamber of Commerce
is interested from its members ' point f view. He said
the Planning Board is bound to be interested because it
will affect the planning over the year s, and he thought
most of the organizations in the Town are vitally interested
and it would seem as though a committee must be formed
which would comprise of someone from most of these organi-
zations so that the Chamber of Commerce, Board of Selectmen
and Planning Board would not be duplicating the work, and
that some plan could be worked out to obtain the necessary
information. He said a committee of some type must be
formed
Mr. Adams said the committee should be able to go
beyond planning and set up some action as time is short
He said there will be the shopping center, and in five
years, the park will be in operation.
Mrs . Rawls said that if the group is trying to have
the Center look like something in the R evolutionary days,
she did not think it is the type of thing that attracts
286 .
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people to a store to spend money This keeps everything
away except tie tourist trade She said care should be
taken not to let this go too much in the "Ye Olde Lexington"
renovation. She said she sent ques ionnaires to forty
Boston stores that have more than one branch to see how
they felt about moving to a town near a large shopping
center. She received from twenty to forty answers and
one half said they would be glad to move to Lexington
if there was adequate parking. They want four parking
spaces per front foot and Lexington does not have this
and never will . She said she did not know if business
would be attracted by making the front of the stores
better or not.
Mr. Kolovson said they hope to have a professional
economic survey to tell whether or not this project is
feasible. He said they would be out to make this a
better town, provide for more facilities than are now
existing for the residents. He said he thought the
approach Mr Trani has taken would be the approach.
Mr. Bateman said after the survey, they would need
a plan that would be a guide to all those who desire to
make a change. He has already started plans for a
renovation of his store, and if there were a theme, he
would make sure he complied with the general theme. If
there is no theme, he would continue on the theme he has '
started which is semicolonial. He said if there is a
whole general plan for the Center, it would be a help
for those who want to change to get co-opeation. He
said he has heard figures as to the number of cars ex-
pected in Lexington Center per day when this Park is
opened, and if parking facilities are not available,
the Town will be so filled with cars they will not be
able to move. He has heard 5,000 cars a day.
The Chairman said he heard 250,000 cars a year.
Mr. Cataldo asked if the Chamber of Commerce was
thinking about restoration of the existing stores or a
new layout of the Center
Mr.Kolovson said the survey would have to tell
them what is needed in the way of new space, new facili-
ties and new service. They ale not thinking of radical
demolition it'
on of the Center .
Mr. Adams said a survey will have to tell them.
There will be some changes.
Mr Cataldo asked if the Chamber of Commerce was
thinking of just the business land.
Mr. Kolovson said some of both would be involved.
He would like to make the Center compact rather than
spread out . He said none of them are qualified to say
what is lacking in Lexington Center. They know they
r ,
need a nice department store but what else is needed
The library is the biggest attraction for people who
come to Lexington Center. He read a comment from the
Burlington newspaper made by Mr. Gummery of Filene 's.
The Chairman asked what the usual cost of such a
survey is .
Mr. Kolovson replied in 1961 they had an estimate
of $37,000. One method used in several towns would be
that of forming a Fifty Club whereby fifty interested
individuals give $1,000 a year in the interest of improv-
ing the Town . He said the State has also issued grants
for cities.
Mr. Adams said, if this is going to be done, it would
be necessary to spend some real money.
The Chairman said the first thing would be to form
a committee.
Mr. Kolovson said they feel the Chamber of Commerce
has done as much research as possible and notr it has to
try and get the survey.
The Chairman said this is not going to be done by
any one group, but by a cross section of the citizens of
the Town and there should be a representation of all
elements concerned.
group Mrs. York said this is larger than any individual
can handleshould not go one way
and another group going another way. He said he liked
the suggestion of the Arthur D. Little Company in not
trying to be in competition with the shopping center
going in Burlington.
Mrs . Rawls said the Capital Expenditures Committee
and the Planning Board have hopes of making a start on
some type of long range financial plans in the future.
They have not been able to determine whether they can
do it without an outside consultant If they do this,
and a consultant is going to be hired, they would like
to find out if his efforts could be used for a wide study
The Chairman asked if she was speaking of a consultant
for the Town as a whole.
Mrs Rawls replied if a consultant is going to be
hired, one to do the whole study would be less expensive
than hiring two .
Mr. Moore said whatever is done should be restricted
to the Center of the Town, because if the whole Town is
included, this can get lost. He said he thought the
committee should be small and should be appointed quickly.
The Chairman said if they want a real cross section
of the Town, it might be as large as nine members
Mr. Cataldo said the Chamber of Commerce has put in
three years now, and it should be determined whether money
b
288
al
is going to be available and where it is to come from
before wasting everyone 's time . He said the most
important item is to find out where the money is cominc
prom.
The gentleman who spoke earlier without giving,his
name said people have been thinking what kind of a center
are they trying to plan, what kinds of stores would be
there, who would the customers be, what would the Size
of the district be and what kind of overall plan is in
the minds of the people proposing this .
The Chairmansaid an economic survey is proposed
From an architectural point of view, some of the group
is meeting tomorrow with an urban renewal architect to
get some of his thoughts.
Mr. Moore said there are five people om the Board
representing the people of the Town and asked why they
could not represent this.
Mr. Adams said the committee should not be limited
to five and groups that will be backing this should be
represented
Mr. Bevis said he has not heard anything mentioned
of private plans . People make a specialty of this and
asked if consideration should be given to investigating
using people who do this in private industry
Mr. Cataldo pointed out that the property owners
have to be contended with.
The Chairman suggested a committee consisting of
representatives from the Chamber of Commerce, Planning
Board, or Director, Board of Selectmen, Historic Districts
Commission.
Mr.Kolovson said a representative from the League
of Women Voters should be represented and a representi.-
tive of the citizens of the Town.
One gentleman suggested the Capital Expenditures
Committee.
Mr. Adams stated too many Towngovernment repre-
sentatives should not be on the committee
Mr. Sheldon asked about the property owners .
Mr. Moore said there should be one individual re-
presenting the property owners
The Chairman asked the group who it expected to take
the lead in this , and if they felt the Selectmen should
take the lead and appoint the committee.
Mr. Rooney asked Mr. Kolovson the purpose of this
meeting.
Mr. Kolovson said the Board of Selectmen wanted to
discuss this with the members of the Chamber of Commerde.
Mr. Adams said the Chambercf Commerce has done most
of the work and asked for its recommendations.
Mr. Kolovson suggested three from the Chamber of
289
Commerce, one Selectman, one from the Historic Districts,
one representing the property owners, a citizen and a
representative of the League of Women Voters
Mr. Gray said he thought the committee should be
twelve or fifteen if everyone is to be represented. He
suggested an executive committee of three or five who
could enlarge .
The Chairman suggested a main committee of five people,
one from the Chamber of Commerce, one from the Planning
Board, 6ne from the Board of Selectmen, one from the Historic
Districts Commission and one of the owners . He said then
there could be an auxiliary committee consisting of repre-
sentatives from the League of Women Voters, Chamber of
Commerce, Jaycees
Mr. Cataldo asked the purpose of the committee.
The Chairman said the big thing is finances
Mr. Howard said the
role of this committee should
be a committee of action
Mr. Tarbox said, starting with a working committee
of five or seven as the needs increased, the committee
could be increased if necessary
Mr. Kolovson said they are looking for someone to
tell them how to proceed; they need guidance at this
point
The Chairman said this committee would not need any
money to start with, and once it had guidance, it would
have an idea of the amount of financing needed.
Mr. Gray said they should explore with the Urban
Renewal Ford Foundation and should find out where they
are going to get the money
Mr. Adams said the Town Meeting could not be asked
to put money into this, this would defeat it at the start.
Mr. Cataldo pointed out that only one property owner
has been suggested for the committee
Mr. Adams said he thought the ball should be carried
by the business representatives . If the Chamber of
Commerce is willing to put in two or three men who repre-
sent good financial backing, that is the key to this. He
recommended that they stay away from a committee of elected
Town officials.
Mr. Cataldo pointed out that the property owners are
the ones who will be spending the money.
Mr. Howard said what they need is a person willing
to devote himself and all his energy in pushing this pro-
ject forward
Mr. Kolovson suggested a small working committee
which does not require money which would be limited in
time to three or four months to explore the possibilities,
find out where the money would come from, what is being
(1 PA
01
done, and then at the Town Meeting, the recommendations
could be made by the Selectmen. He said the small com-
mittee would be able to devote some time and give a report.
He suggested a small committee now and then a committee
representing the cess section of the Town whidh would
have the power and authority to go to Town Meeting and
ask for action
The Chairman asked who should appoint this committee
Mr Kolovson said when the time comes if this com-
mittee has the Town backing, it will have more power and
influence
The Chairman suggested a basic committee of two
from the Chamber of Commerce, one from the Board of Select-
men, two property owners and an auxiliary committee of one
from the League of Women Voters, one from the Jaycees, one
citizen, one from the Capital Expenditures Committee, one
from the Planning Board or its Director, and the Board's
Executive Assistant.
Mr. Rooney asked why the Jaycees would be repre-
sented.
Mr. Kolovson said five members should be involved
on the major committee
Mr. Sheldon asked if the Chamber of Commerce wanted
the Selectmen to appoint such a committee, and Mr.
Kolovson replied in the affirmative.
Mr. Moore said the Town has to play a basic part in
this and he thought the basic structure should stem
from the Board of Selectmen.
The Chairman suggested two members from the Chamber
of Commerce, two property owners and one Selectmen.
Mr Adams sgggested that this committee of five be
a steering committee which would determine the number of
additional committees or enlarge its own.
The Chairman asked if the group wanted the Board to
appoint this five-man committee to consist of two from
the Chamber of Commerce, two property owners and one
Selectmen with the authority to make recommendations and
explore the situation.
Mr. Howard said he would prefer a member of the Plan-
ning Board, Board of Selectmen, property owner, Chamber of
Commerce and Historic Districts Commission.
Mr. Kolovson asked if Mr. Gray represented the various
Boards in Town and the Chairman replied he represents the
Boards and groups under the Selectmen's jurisdiction.
It was finally agree-d by all present that the Board of
Selectmen should appoint a basic committee of five to
consist of two members from the Chamber of Commerce, two
property owners and one member of the Board of Selectmen.
The meeting adjourned at 10 :10 P.M.
A true record, Attest:
C e l
SELECTMEN'S MEETING
June 29, 1 6
9 4
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 29, 1964, at 7:30 P.M. Chairman Cole ,
Messrs. Brown, Burnell and Cataldo were present. Mr.
Richards, Special Counsel, Mr.Carroll, Superintendent
of Public Works, Mr. Gray, Executive Assistant, and
Miss Murray, Executive Clerk, were also present.
Hearing was declared
upon open petition of the
P
Boston Edison Company for permission to locate conduit,
manhole and pole on Lowell and Summer Streets . Conduit
Mr. -erverson, representing the petitioner, was location.
the only person present at the hearing
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 .
Mr. Serverson stated that he assumed Mr. Carroll
had been notified by the company's engineering depart-
ment, but he had not been. He said he would like to
discuss the proposed locations with Mr. Carroll and
then resubmit them to the Board.
Mr. Serverson retired.
Mr. Carroll reported on bids taken this afternoon
on the second sewer lateral contract. The low bidder
was P. Gioioso & Sons with a bid of $114,605. He stated
that Gioioso is presently doing a job with Whitman & Sewer bid
Howard, but Mr. Edward Howard was not in a position
this afternoon to recommend that the contract be awarded.
He thought the contractor had a couple of months ' work
to do on a job in Westwood Mr. Carroll said if he
found out in the two-week period to the next Selectmen's
Meeting that this contractor is all right, and the Board
wants to make an award, he would go ahead and prepare the
contract and then two weeks from tonight , the Board could
vote to award the contract and to sign the contract.
The Chairman said in the event it was decided not to
award the contract to the low bidder, the Board should
give Mr. Carroll the same permission to go ahead with the
second low bidder
Mr. Richards stated that Mr Carroll talked to him
about awarding a contract, toe low bidder not having
been fully investigated. He said if it is approved, it
is Mr. Carroll 's intention to have the contract signed.
292
Upon motion duly made and seconded, it was conditionally
voted to approve awarding the second sewer lateral contract
to Gioioso & Sons in tie amount of $114,605.
Mr. Carroll mentioned that the garbage contract calls
for three trucks and nine men in the summer months
He said almost from the beginning, he has known the con-
tractor has not had nine men on. He said he decided to
get as many facts as he could and had a man from the
Engineering De artment checking on the contractor. He
reported verbally on information obtained and said if
the Board assesses the liquidated damages, there is a
total of $525 in fines. He suggested that he contact
Mr. Roketenetz and arrange a meeting with him and the
Chairman of the Board so there will be no question about
the Board 's intention to have two collections a week and
the Board 's intention to enforce the contract. He said
he would arrange for a meeting at the Chairman's conven-
ience.
Mr Carroll presented a plan of the Senior High School
area and reported that the Clerk of the Works at the High
School approached him and said when the contractor did
some drain work, he took down eighty or ningty feet of
fence. Now they want to build a road around the building
and to do this, it will be necessary to remove the enclosed
field fence back thirty feet The price to put the fence
back up is $295, plus moving the Little League backstop
at a cost of $75. He said he thought this should be paid
from the school building appropriation He explained the
parcel of property originally owned by the Town through a
will of Scott was to be used for Park and Recreation pur-
poses, but by an Act of Legislature, the Town was able to
use it for school and recreational purposes . He asked
if the Board wanted him to talk to the School Building Com-
mittee and advise it that the Board had no objection pro-
vided the expense involved is paid out of the building
appropriation. He said the only question he had is that
part of the field will be taken.
Mr Cataldo asked if it would ruin the field.
Mr. Carroll replied in the negative and said it would
be making it smaller, that is all.
The Board had no objection proviLing the expense in-
volved is paid from the school appropriation.
Mr. Burnell inquired about the plan for the playground
and Mr. Gray advised that all concerned are now waiting
for Mr. Snow.
Mr. Burnell recommended that the Board give Mr. Snow
two weeks in which to submit plans , and if they are not
completed within that time, to concel the contract
2 9:
IIMr. John Brucchi, 63 Paul Revere Road, and Dog
Officer, Michael Shaughnessy, met with the Board, with
further reference to a Collie dog owned by Adams, 69 Paul -
Revere Road.
Mr. Brucchi said the SPCA told him to shoot the
Adams ' dog, which he said was trained to chase his horses,
but he does not want to do that . Mr. Brucchi reiterated
complaints he has made a various times before.
Officer Shaughnessy repeatedly advised the Board of
Selectmen that he found no basis for a complaint at all.
He reported that the people in the neighborhood find no
cause for complaint .
Mr. Brucchi said the dog is supposed to be on a
leash and that is what he wants.
Officer Shaughnessy said the Adamses do not let
the dog out of the house except when they are right
there.
The Chairman asked if Officer Shaughnessy was pre-
pared to enforce the restraining order, and he replied
that he was when it is broken.
Mr. Brucchi said he wanted the Board to write a
letter stating that the dog will neve be outside a
fence or without a leash.
The Chairman explained there is a legal restraining
order and a letter from the Board will not carry any more
weight than the restraining order.
Mr. Brucdhi suggested that he takes pictures as evi-
dence . he
Officer Shaughnessy said that if/takes pictures,
they had better have the tag with the number on it because
there are other Collie dogs in the neighborhood. He said
all he wanted was evidence that it is definitely the Adams '
dog.
The Chairman suggested that Mr . Brucchi submit what-
ever evidence he thought was good evidence, submit it to
the Board, and the Board would consider it.
Mr. Brucchi retired at $:05 P.M.
Mr. Burnell asked for a ruling from Town Counsel as
to whether or not theRoard could delegate dog complaints
to a committee to handle the hearings and repert to the
Board.
Mr. Richards explained that the Board could delegate
an individual to investigate and report to the Board, but
the Board of Selectmen would have to make a decision. He
said any member of the Board could act as Dog Officer pro
tem, but he hardly thought it necessary where there is a
duly appointed Dog Officer
294
The Chairman asked if any person has the right to
ask for a hearing before theBoard.
Mr. Richards replied that he thought they did. He
said he did not think it was necessary for Mr. Brucehi
to take the Board's time as the Dog Officer has reported
no evidence of a violation and that should be the end of
it .
Officer Shaughnessy retired at 8:15 P.M.
Mr. Richards referred to a claim filed by Oscar
Carlson for damages sustained by the taking of his pro-
Claim perty down in the area of Moreland Avenue . He said it
is returnable to the Middlesex Superior Court, Cambridge,
on the first Monday in August.
Mr. Gray informed Mr. Richards that an appraisal
had been made in writing by R. M. Bradley, but Mr. Carlson
would not come anywhere near it
Mr. Richards referred to a claim filed by Rita Andrew,
19 Minute Man Lane, for injury alleged to have been sus-
tained when she fell on the sidewalk in front of 2195
Massachusetts Avenue which she claimed was in a defective
condition. He said Mr . Carroll had an investigation made
and is sending him a copy of the report.
Mr. Richards submi ted a contract in the amount of
Sidewalk $5,800, for reconstructing sidewalks, which was awarded
contract on June 22, 1964 to the Celluci Construction Company,
the low bidder.
Upon motion duly made and seconded, it was voted
to execute the contract between the Town of Lexington
and Celluci Construction Company.
Mr. Richards submitted a contract, in the amount
of $34,515 for resurfacing streets and sidewalks which
was awarded on June 22, 1964 to Trimount Bituminous
Resurfacing Products Cp. , the low bidder.
Contract Upon motion duly made and seconded, it was voted
to execute the contract between the Town of Lexington
and Trimount Bituminous Products Co.
Letter received from attorney for Pine Meadows Golf
Club, requesting partial release of a sewer betterment
assessment, was taken by Mr Richards.
Sewer Mr. Carroll explained that the attorney is refer-
betterment ring to land taken by the State, but the parcel of land
for which they are asking for a release of the betterment
is not connected at all with Pine Mead ows Golf Club
Mr. Richards said he would look into Mr. Legro 's
files on the subject.
Mr Richards retired at 8 :35 P.M
95
Letter from Charles E. Forrester, 11 Parker Street,
with further reference to traffic on Parker Street, was Traffic
referred to the Traffic Study Committee.
Letter from dames J. Gaffney, 23 Rawson Avenue, with
reference to traffic on Bow Street and Rawson Avenue, was Traffic
referred to the Traffic Study Committee.
Letter from Nellie-Way Hayden, 151 Grove Street,
with reference to traffic on Grove Street, was referred Traffic
to the Traffic Study Committee.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the follow-
ing pole relocations on Waltham Street:
Pole
Waltham Street : From a point 1015' southerly from locations
Concord Avenue, southerly, eight poles ; also,
remove eight poles .
Mr. William T. Coppins and Mr Stoddard of the
John E. Begley Co. , met with the Board. Executive
Upon motion duly made and seconded, it was voted Session
to go into Executive Session for the purpose of dis-
cussing, deliberating, or voting on matters which, if
made public, might adversely affect the public security,
the financial interest ofthe Town, or the reputation of
any person.
Following a discussion of a confidential matter, it
was voted to resume the open meeting.
Mr. Gray reported that Donald F. Bryant, Danvers,
who has applied for a Taxi Driver license would like to
have twelve months to move to Lexington rather than six, License
as suggested by the Board He said the Minute Man Cab,
Inc. , which Mr. Bryant intends to purchase, is a corpo-
ration
Mr. Gray referred to requests for the use of Cary
Hall being made by telephone during the week. He said
there was some difficulty this week when one janitor
was out sick. The Head Janitor checked on Tuesday
following the Board 's meeting and there had been m applications
for the use of the hall that week. Mr Gustin tele-
phoned and was granted permission to sue Cary Hall.
One janitor was out sick, and 1"lr. Bentley, having checked
Tuesday for rentals, made plans with his family He
said unless tie janitors know in advance, this is becoming
a problem.
The Chairman saiek
d the board would require a we ' s
notice
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Letter from Taylor, Lieberfeld and Heldman, Inc. ,
Planning Service, New York was referred to the Committee
for the Revitalization of Lexington Center.
Letter from Guterman, Horvitz & Rubin, 50 Congress
Street, Boston, re The Mass Transportation Bill, was noted
and placed on file.
The Chairman reported that he had no opportunity this
week to contact Mr.riobert Kent to discuss the need for
official Town involvement in the process of integrating
the American negro into the community.
Upon motion duly made and seconded, it was voted
to make the following appointments to the Committee for
the Revitalization of Lexington Center: Lee E. Tarbox,
Committee and George A. Kolovson, representing the Chamber of
Commerce, Joseph A. Trani and Otis S. Brown, Jr. , repre-
senting the property owners, and the Chairman of the
Board to represent the Board on a temporary basis until
the next meeting of the Board, at which time, it is ex-
pected all members will be present and a permanent ap-
pointment made.
Upon motion duly made and seconded, it was voted
to grant General Films, Inc . , 53 Berkeley Street,
Boston, permission to use Cary Memorial Hall on August 3
Use of and L. from 8:30 A.M. until 5:30 P.M. for a filming
tall session, subject to a charge of $100 per day, plus $3.L.6
per hour for janitor 's overtime services.
Upon motion duly made and seconded, it was voted
to grant the Lexington Choral Society permission to use
Use of Cary Memorial Hall on November 22, 1964, from 8:30 P.M.
hall until 11:00 P.M. for a concert , free of charge, but
subject to a fee of $3.16 per hour for janitor 's over-
time services .
Upon motion duly made and seconded, it was voted
Use of to charge Mr . Bertram P Gustin $35 for the use of Cary
hall Memorial Hall on Saturday, June 27, from 7 :00 P.M. until
11 :00 P.M.
Some discussion was held relative to permitted uses
Cary Memorial and charges for Cary Memorial Building, and it was agreed
Hall to consider possible changes to the present Rules and
Regulations at thenext regular meeting of the Board.
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Upon motion duly made and seconded, it was voted
to ppprove the minutes of the Selectmen's Meeting held Minutes
on June 22, 1964
Upon motion duly made and seconded, it was voted
to adopt the following Orders for Construction of Sewers :
Vine Street from existing end a distance of 385 feet
northeasterly
Nowers Road from Henderson Road, south and southwest, a
distance of 625 feet to Blake Road
Blake Road from Burlington Street a distance of 570 feet
northwesterly to Nowers Road
Foster Road from existing sewer a distance of 387 feet
northerly to Dane Road .
Revere Street from Bedford Street, a distance of 335
feet northwest.
Dane Road from Foster Road to Sherburne Road .
Dunham Street from 300 feet east of Utica Street a
distance of 190 feet easterly.
Trotting Horse Drive from Peacock Farm Rofid easterly
a distance of 880 feet to end
The meeting adjourned at 9 :45 P.M.
A true record, Attest :
-14x4ouVive9lertelect
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SELECTMEN'S MEsT ING
July 13, 1964
A regular meetingrof the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, July 13, 1964, at 7:30 P.4. Chairman Cole,
Messrs . Brown , Burnell and Cataldo were pres nt t Mr
Legro, Town Counsel, Mr Carroll, Superintendent of
Public Works, Mr. Gray, Executive Assistant, and Miss
Murray, Executive Clerk, were also present
Mr. Benjamin Nickerson, 81 Gleason Road, applicant
for a Guide License, met withthe Board. Statement was
received from Chief Rycroft and John J. Garrity advising
License that Mr. Nickerson had passed the test and qualified.
Upon motion duly made and seconded, it was voted
to grant Mr. Nickerson a Guide License and the Chairman
presented him with a Guide 's badge
Mr. Nickerson retired
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company and the
Boston Edison Company for permission to locate one
pole on Rawson Avenue, northeasterly side, approxi-
mately 117 feet northwest of Rindge Avenue
Mr. Serverson, representing the Boston Edison
Company, Mr. Joseph Vitale, and Mr. Vitale 's son-in-law
were present at the hearing.
Pole Notice of the hearing was mailed to the petitioners ,
location owners of the property as listed on the petitioners ' plans
and also filed with the Superintendent of Public Works.
Mr. Serverson explained that the petitioners have a
line coming down Rawson Avenue and cutting down to Bow
Street , The pole is presently being pulled and they
would like a guy across the street to prevent the ser-
vices from being pulled.
The Chairman aeked if the pole would be on Town pro-
perty, and Mr. Serverson replied in the affirmative.
Mr. Vitale asked if the only place for the pole was
fifteen feet from his door .
Mr. Serverson stated it would be on the property line
and the petitioner does not have a second post to guy this
to He explained the proposed location on a plan
Mr. Vitale asked if this was the only place the pole
could go, and Mr Serverson stated if the pole.As not
placed there, the service wires to the House will have to 11be replaced
299
IIMr. Vitale said he did not like the pole there.
Mr. Serverson said it was moved to the lot line to
make it as inconspicuous as possible
Mr . Vitale said he did not want the pole there and
felt the petitioner could find other means of placing it
Mr Carroll reported that Mr Higgins had looked at
p gg
the proposed location, and from the Town ' s standpoint ,
there is no problem
Mr . Cataldo -sked about the other property line.
Mr. Serverson stated that the company does not
have to locate the pole if Mr. Vitale objects but ex-
plained that there will be interruption of services
The Chairman asked how many homes would be affected
and Mr. Serverson replied all tha hous „s on Bow Street .
The Chairman asked if there was any danger of the
pole falling
Mr. Serverson stated that the service wires are
getting tighter and tighter and will eventually pull off
He said it will be a continuous process of replacing them
Mr. Cataldo asked if Mr. Vitale would rather have
the ptle on the other side of the house
Mr Vitale asked to have the pole put on the other
side of Rawson Avenue
Mr. Serverson explained that there has to be something
on Mr. Vitale ' s side of the street
Mr. Carroll sutgested a bush brace
Mr. Serverson said they could try it but a bush brace
would not look as well and it would be a heavier pole.
He said the company could petition the Town for a bush
brace or let it go and see what happens
The Chairman declared the hearing closed and stated
that the Board would take the matter under advisement
The Chairman sugge ted, and the Board agreed, that
the petitioner be requested to contact Mr. Vitale to see
whet er or not something can be worked out that would be
satisfactory to him
Hearing was declared open upon petition of the Boston
Edison Company and the New England Telephone and Tele- Guy wires
graph Company for permission to locate guy wires and & anchors
anchors on Lincoln Street
Mr. Serverson, reprcs nting the Boston Edison Company,
was the only person pres nt at the hearing
Notice of the hearing war mailed to the petitioners ,
owners of the property as listed on the petitioners ' plans
and also filed with the Superintendent of Public Works.
Mr Serverson indicated the proposed locations on
a plan and explained this is where the petitioner has to
cross over Route 128
300
Mr Cataldo asked if it as on the Concord side
and Mr. Serverson replied in the affir:uative
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing guy wire and anchor locations:
Lincoln Streit, from a pole located on boutherly side
approximately 315 feet west of Weston Street, --
Three guy wires and anchors
Lincoln Street, from a pole located on southerly side
approximately 565 south of Weston Street ,--
Three guy wires and anchors .
Mr. Serverson retired at 8:1i P.M.
The Chairman read a letter from Chief Rycrcft rela-
tive to appointment of a Policewoman for school traffic
duty to fill a vacancy caused by a resignation.
Appointment Upon motion duly made and seconded, it was voted
to appoint Mrs Eleanor Casey, 318 Lowell Street, a Police
Traffic Woman for school traffic duty, effective September
10, 1964
Mr. Legro stated that he had an Order of Taking of
slope easements on Waltham Street in connection with the
Order of widening, relocation of Waltham Street
Taking Upon motion duly made and seconded, it was voted
to execute the Order of Taking in the following form
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 13th day cf July, 1964, it is
ORDERED: Whereas the Selectmen are the board of officers
authorized to take land by eminent domain under Chapter 79
of the General Laws in connection with the laying cut, widen-
ing, altering or relocating of a public way in Lexington, and
Whereas the Selectmen have determined that it is necessary
to construct slopes in certain land hereinafter described
abutting on Waltham Street in Lexington, in order to protect
the land within the locations of said public way
NOW, THEREFORE, we, the undersigned, being a majority
of the Board of Selectmen of said Town of Lexington, duly elected 11
301
and qualified and acting as such, do hereby, under and by virtue
of the provisions of Section 32B of Chapter 82 of the General
Laws and of the provisions of Chapter 79 of the General Laws ,
and all acts in amendment theieof and in addition thereto,
and of any and every other power and autiority us hereto in
any way enabling, take in the name and on behalf of said Town
of Lexington the temporary rights and easements to enter upon
the strips of land hereinafter described and construct such
slopes from the boundaries of the location of Waltham Street,
a public way in said Lexington, as may be necessary for the
protection of the sidewalks and street to be constructed within
the location of said public way, said strips of land being
situated on the southeasterly and northwesterly sides of Waltham
Street , and being shown on a plan entitled "Plan of Slope
Easements Waltham St. Lexington, Mass . " dated May 19, 1964,
John J. Carroll, Town Engineer, to be recorded herewith.
When the Town enters upon th above described strips of
land, it shall be the obligation of the Town to e_eove all
surplus material and to leave the surface of the premises
in reasonably as good condition as Shen the entry was made .
Any trees upon the land included within the above de-
scribed strips of land are ncluded within the taking
The land in which the aforesaid temporary rights and
easements are taken is believed to belong to the following
named parties, but if the names of the owners of any of
said land or of any interest therein is not stated or is not
correctly stated, it is to be understood thatsuch land or
interest is owned by an owner or owners unknown to us
Southeasterly side of Waltham Street
Lots as Indicated
Owner On Aforesaid Plan
Donald R . Williams, Trusteee of
Williams Realty Trust Lot 3
Leona_ d Victor Short Lot 2B
Louis Ricci, Joseph Ricci, Fred Ricci
and Charles M. Ricci Lots 1 and 2A
Louis Ricci, Joseph Ricci, Fred Ricci
and Charles M. Ricci Unnumbered lot
Arthur DeVincent and Raymond DeVincent Lot B
Charles R . Mennella and Helen G.
Mennella, husband and wife Lot A
302
Southeasterly side of Waltham Street (cont 'd )
Lots as Indicated
Owner On Afcresaid Plan
Beatrice M. Miner Unnumbered lot
Dorothy A. Coburn, Trustee of Coburn
Real Estate Trust Lot 6
Alice F. McDevitt Lot 5
Abbott Spray & Farm Equipment Co. Lots 3 and L
Northwesterly side of Waltham Street
Owner Lots as Indicated
On Aforesaid Plan
Vito Cannalonga and Elizabeth
Cannalonga, husband and wife Unnumbered lot
Lexington Lodge #2201 of the Benevolent &
Protective Order of Elks of the United
States of America Inc Unnumbered lot
Rocco M. Frasca Unnumbered lot
and right of way
John F. Paino and Anthony J. LaCava Lot 8
John F. Paino and Anthony J. LaCava Lot 7
John F. Paino and Anthony J. LaCava Lot 5
John F. Paino and Anthony J. LaCava Lots 3 and 4
No betterments are to be assessed for this improvement .
And said Board, having considered the question of
damages, hereby determines that no damages have been sustained and
none are awarded
WITNESS our hands at Lexington aforesaid this 13th day of
July, 1961
TOWN OF LEXINGTON
By /s/ Lincoln P. Cole, Jr
/s/ Otis S. Brown, Jr
/s/ Levi G. Burnell
/s/ Robert Cataldo
Majorityof the Boa: d of
Selectmen
303
COMMONWEALTH OF MASSACHUSITTS
Middlesex, ss. July 13, 1964
Then personally apleared the above-named 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 severally acknowledged the foregoing instrument to be
their free act and deed, before me,
/s/ D )nald E. Legro
Notary Public
My commission expires March 141 1970
Mr. Legro stated that he had a contract for the re-
pair of tennis courts. Tennis
Mr Carroll reported that he had taken bids, only court bids
one bidder, the Dennis Driscoll & Company, Inc. , who bid
$12,595 which is below the amount a-propriated. He
stated it is a reputable firm and hs took it upon himself
to have the contract sent out, the bond executed and in-
surance certificate completed and sant it to Mr. Legro.
Upon motion duly made and seco 'ded, it was voted
to award the tennis court contract work to the Dennis
Driscoll & Company, Inc . , in the sum of $12,595
Mr. Legro reported that he jus , received the con-
tracts this afternoon and these aie one or two minor Tennis
items he would like corrected. He stated that in view court
of the completion date, it would be proper for the Board contract
to sign the contract to be held by him until these items
have been corrected
Upon motion duly made and secoided, it was voted
to execute contract between the Tow) and the Dennis Driscoll
& Co Tany, Inc. , in the sum of $12, 95.
Upon motion duly made and seccided, it was voted
to execute the second sewer lateral contract between the Sewer
Town and P Gioioso & Sons in the amount of $114,605, to contract
be signed upon approval of the contact by Town Counsel.
Mr Carroll eported that he to )k bids on a front
end loader The e were seven bidd:rs and he had some
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Bids demonstrations Friday and there will be two more tomorrow
He said he would not be able to make any recommendations
to the Board for two weeks
Along the same lines, Mr Carroll said he would like
to get the feeling of the Board in regard to the next
piece of equipment to be purchased for his department
which is a trailer He received a call from a contractor
Equipment who is going out or business and offered for sale a combi-
nation trailer-tractor which is in very good condition
He has $7700 in his budget for the equipment . The con-
tractor will sell it to the Town for $9500. He asked if
the Board wished him to pursue this further . It is a
1960 Ford tractor with 64,000 miles . The trailer is in
good condition with 1+,000 miles and is two years old. He
said he thought it would be a very good buy for the Town
and is not asking for more mnoney as the bids on the loader
were lower than he had estimated so the total amount of
money in the budget will not be decreased.
Mr . Cataldo said if he intended to purchase a detach-
able gooseneck, this is the way to do it He said he would
like to take a look at it . He asked how many tons, and
Mr. Carroll replied a twenty-five ton trailer .
Mr. Cataldo asked if the equipment could be used for
snow removal, and Mr. Carroll relied in the negative.
Mr Burnell said he would also like to look at the
equipment
Mr. Carroll referred to the construction of Waltham
Street from Concord Avenue to the Waltham line and said
more water pipe, about 800 feet, is needed before the
Water main Street is paved. He stated the water should be installed
before the road is paved and there is sufficient pipe in
stock so he did not think he would be involved in any
ext-a money
Upon motion duly made and seconded, it was voted
to extend the installation of the water main on Waltham
Street from the existing terminus to the Waltham line,
a distance of 800 feet, more or less, subject to the as-
sessment of betterments .
Letter of June 23, 1964 from Jo eph G. Bramberg,
attorney for the Pine Meadows Golf Club, requesting partial
release of a betterment assessment in connection with
settlement made with the Commonwealth for damages caused
Golf Club by the widening of Route 128, was held over .
release Mr. Legro said back in March when the first communi-
cation was received from Mr. Bramberg, Mr. Carroll had
some question as to whether the betterment assessed for
the sewer affected the golf course land. He said he talked
to Mr. Bramberg and asked for certain information on the
recording but has not received a reply He said he would
contact Mr Bramberg again .
3r
The Chairman read a letter from Mr. Stephen Rus ian,
attorney for Roger L. Spearin, owners of a parcel of land
that formerly had frontage on Bedford Street In 1960
and 1961, the Commonwealth, in the process of widening
Route 128, took a large part of this land The takings Land offer
resulted in a small parcel without any access onto a ed to Town
public way Mr . Spearin is offering this parcel to tha
Town as satisfaction in full of outstanding tax bills
Mr. Legro said he would talk with Mr. Russian. He
explained that if the Town is to acquire this parcel,
it would have to be by permission of a Town Meeting and
the land would have to be acquired for a purpose .
Mr. Cataldo said the purpose is to deed it to the
Town in lieu of taxes These people are not going to
pay the taxes anyway.
Mr. Legro pointed out that there is an orderly way
for the Town to acquire land and an orderly process of
taking land for taxes and Mr. Russian 's letter does not
come under either of these .
It was agreed to have Mr. Legro contact Mr. Russian
and discuss the subject with him.
Letter from James E. Carrig, requesting evidence of
the fact that the existing sewer betterment is not a
111 lien on that portion of the land taken b y the State,
was held over. Carrig
Mr Legro explained that Mr. Carrig could apply to sewer
the Tax Collector for a certificate dissolving the lien, betterment
or he may want a cope of the abatement
Mr. Brown suggested that Mr Gr ,y contact Mr. Carrig
and find out exactly what he wants as evidence.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign tiie orders for the follow-
ing pole locations, all having been approved by Mr.
Carroll:
Fulton Road, southerly side, westerly from a point approxi-
mately 30 feet west of Douglas Road, --Four poles
Fulton Road, northerly side, approximately 83 feet west Pole
of Cooke Road, --One pole locations
Volunteer Way, northwesterly from a point approximately
95 feet northwest of Coach Road, -- Four poles.
Baskin Road , westerly from a point approximately feet
west of Loring Road, --Eighteen poles
Letter was received from Anton S . Morten, 3 Rolfe
Road, with further reference to a peat locket at the rear
of his lot
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No reply was received from the Board' s letter to
Waymint Realty Trust , developer of the area, and the
Chairman suggested that a fo11ow-up letter be sent to
the Trust
Letter was received from Dr. Rudolph J. Fobert ,
Superintendent of Schools, in regard to providing police-
Police pro- women for the schocl crossings during the six-week period
teaction of the Pre First Grade Summer Program. The Chief of
Summer Police is willing to provide the protection if the Select-
School men authorize him to do so and vote the necessary funds,
approximately $1500.
It was agreed to consider the subject when the 1965
budgets are being prepared for presentation to the Annual
Town Meeting.
Upon motion duly made and seconded, it was voted
to certify the character of Robert Lenk and Marjorie
Cert. of Lenk, 59 York Street, who have applied to the State for
Inc. a Certificate of Incorporation, satisfactory references
having been received from the Chief of Police
Revision of the Rules and Regulations goverhing the
Cary use of Cary Memorial Building was held over pending re-
rentals ceipt of Mr. Carroll 's report and recommendations for
reimbursement to the custodians for overtime services .
Upon motion duly made and seconded, it was voted
to approve the application of the Lexington Choral
Use of Society for the use of Cary Memorial Hall on Friday,
hall December 11, 1964, from 7 00 P.M. until 11.00 P.M.
free of charge, but subject to overtime pay for the
custodian
Upon motion duly made and seconded, it was voted
to approve the application of the Morning Study Group,
Use of Lexington Field and Garden Club, for the use of Esta-
hall brook Hall on April 13, 1965, from 9:00 A.M. until
12:30 P.M. free of charge.
Mr. Antonio Busa, 4 Lillian Road, met with the
Board. He said he was meeting with the Board to dis-
cuss something that happened last fall. He presented
a letter to the Chairman which he read, which referred
Drainage to a strip of land left from Section 8. The letter
stated that Mr. Carroll wanted to straighten the brook
and asked Mr. Busa for permission to do the job without
delay. He said the piece of land had some value to him
because he intended to plant 400 or 500 evergreens which
would have been profitable in four or five years. Mr.
307
Busa is willing to deed the land tothe Town for $1.00
but he wants the Town to bring the sewer line across the
brook and leave it . He also wants to reserve the right
to tie into the sewer line at that point with the Town's
permission.
Mr. Carroll said the problem was that a year or two
ago, he received a letter from the people on Lillian Road,
lots 9 and 10, that the cellars were flooded every time
it rained and this was caused by the fact the brook was
caused by a culvert put in by Mr. Busa Last year he
asked Mr. Busa if the Town could widen the brook on his
property and clean it. Mr. Busa granted permission.
Now he wants to give the Town this parcel A which has
29,200 square feet.
Mr. Carroll said he thought it would be a good
thing for the Town to acquire this land as protection
for the brook, and felt an easement would be adequate
but there would be more protection if the Town owned
the land _in fee. He said there is also an MDC line
through it. Mr. Busa has two lots he intends to let
go for nonpayment of taxes and this will mean the Town
will own the land between the Christian High School pro-
perty right down to the Town of Arlington property.
Mr. Busa indicated the sewer line on a plan and
also indicated the point to which he wanted the Town to
bring the line. He would take it from that point when
he needs it in the future. He requested permission to
tie into the line.
The Chairman said if Mr. Busa wants to sell this to
the Town for $1,00, it would require Town Meeting action.
Mr. Legro said that was correct.
The Chairman asked if Mr. Carroll recommended the
package as presented.
Mr. Carroll said he thought it would be a good thing
for the Town to own it .
The Chairman said the Board could decide on every-
thing except the transfer ofthe land to the Town which
the Board can recommend to Town Meeting for approval.
He said the Board would discuss it
Mr. , Carroll said he would like to get easements on
as many of these brooks in Town as he can.
Mr. Cataldo said if the Board is going this far,
it should loointo the other two lots.
Mr. Carr 1 asked if Mr. Buse. would have any ob-
jection to giving those two lots to the Town.
Mr. Busa replied in the negative and said there are
outstanding taxers for one year of $7.00 each.
The Chairman explained to Mr. Busa that this would
have to be presented to Town Meeting and the Board would
rec. °r Busa and Mr. Legro retired at 8:30 P.M.
308 ;
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Mr. Samuel P. Snow met with the Board, and presented 111a plan of the center playground area which scheme he said
the Recreation Committee, School Committee representatives,
Mr. Carroll and he had worked on, and is the result of a
good many conferences. He said he was unable to put on
Center the plan all the elements that the School Committee asked
playground for, the major problem being in the area for tennis courts.
The Chairman asked if there was general agreement on
the plan.
Mr. Gray stated that there had been a final meeting
last Friday and what Mr. Snow is presenting this evening
is generally agreed upon. He said the Committee wanted
twelve tennis courts but with the amount of land available,
it is impossible unless the hill is taken down. The
general agreement was to take the hill down, but it
comes under the jurisdiction of theSchool Committee
and Mr. Fisher, representing that Committee, was adamant
about not taking it down.
Mr. Snow said they wanted seven play areas instead
of six but it is not practical to move the stands or
the goal posts.
Mr. Gray said they can 't have all the fields they
want because there isn't enough land. He said he and Mr.
Carroll agreed that this scheme being presented by Mr.
Snow is the best scheme for the area.
Mr. Cataldo stated that with this plan they are
losing tennis courts and one play area.
Mr. Snow said they are losing eight tennis courts
and one play area.
Mr. Cataldo asked if this plan had been presented
to the School Committee.
Mr. Snow replied that Austin Fisher said he would
go back and report to the School Committee.
The Chairman said the thing to do is for theBoard
to present this to the School Committee and if they want
these additional facilities, the only way is to take out
the hill.
Mr. Cataldo pointed out that a substantial amount
of money will be spent and the Town should receive the
maximum use of the money spent. However, the purpose
is to satisfy the School Department.
It was agreed to invite the School Committee, Re-
creation Committee and Mr. Snow to meet with the Board
on July 27, at 8:30 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters whiic , if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Followingdiscussion pertaining to the Law Department,
and requests for transfers from the Bridge Charitable Fund,
it was voted to resume the open meeting
309
Mr. Robert Kent, Mr. and Mrs. Sanford Brown, Mr. Carl
Blake and several other individuals met with the Board to
discuss further the subject of future race relations in
Lexington, a previous meeting having been held on May 25,
1964.
Mr. Kent stated that they were present with a some-
what smaller group, not because their colleagues are less
interested, but they are out of Lexington for a while.
He said he would like to review the group's understanding
of the last session.
He said on May 25, they asked the Board to consider
the formation of a Bi-racial Committee for Lexington, Bi-racial
which was suggested by President Kennedy a year agol He Committee
said the group believes now is the time for the establish-
ment of such a committee by the Board, that the Committee
needs the Board's leadership in achieving good relations
in this community. The cosmopolitan character of this
Town is one of its greatest assets but brings with it
something in the way of tensions, and the increasing cosmo-
politan character of the community is going to continue to
raise problems as well as bring benefits to the community.
He said the community needs to recognize the character of
these problems and do so on an official basis. He said
the Chairman of the Board called him and expressed the
willingness of the Board to appoint a study committee but
the Board felt a little vague and the group was a little
vague. He suggested therefore that the group meet again
with the Board and try to be more specific .
Mr. Kent said they are not suggesting that the Board
of Selectmen set up a committee to study the need for a
Human Relations Committee. The group would like the
recognition of the need of the committee to be the start-
ing point. He said it would be helpful to the Town if
the Board would appoint a study committee with a decla-
ration of the basic principle and problem; a restatement
of the proposition that the health of a Town such as this
is dependable upon the attitudes of the Town; very depend-
ent to give each individial an equal place in the sun,
and that the problems of the Town show the need for a
Human Relations Committee and that a study committee by
appointed to draft the charter for a Human Relations Com-
mittee.
Mr. Kent reported a conversation with the Executive
Director of the Providence, Rhode Island, Muman Relations
Commission. According to the Director, there are over
twenty-five Human Relations Committees, most of them in
the northern part of the country. He gave Mr. Kent a
copy of the charter of the commission which he proceeded
to read. He said that he felt, in the last few days,
as far as working out plans, there is much experience
310
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and material available on the subject . He said Town
leadership needs to take the incentive in dealing with
the problems and tensions. He said this is the point he
would make. This group does not come from the Civil
Rights Committee, but are members of the committee. The
role of the Civil Rights Committee is a very different
role than one set up by the Town. He said there have been
enough overt episodes so they feel an official committee is
needed to deal on the tensions as the tensions arise. He
said they think the ultimate Human Relations Committee
should make a number of surveys and one of the things would
be the employment practices here in Lexington, public as
well as private. He said he thought the study would
reveal a very good deal. He said a survey in free housing in
this Town would be useful. He said they thought the Com-
mittee could do a great deal with determining what happens
in this Town to the negro as far as his acceptance, one he
comes here. The Committee could determine what affect in an
area there is, if any, on the value of property. He said
they thought it would be good fur the Town to know there
is a group available for consultation and advice - anti-
cipation of problems. He said most of this does depend
on the character of theP eople on the committee. He said
the Town would want people on a study committee and a
Human Relations Committee who have a commitment to the
principle of equality and equal treatment, and people who
have the respect of the citizens of the Town.
The Chairman said the first time the group met with
the Board,the Board understood this would be a group
that could be in conflict with the Civil Rights Group.
He said it would be a group that might alleviate the tensions
and keep everything in its proper perspective.
Mr. Kent said he thought the Human Relations Committee
in a given situation, would have as one of the problems
it is dealing with at the monent, the attitude of a group
such as the Civil Rights Committee. He said the goals of
both groups a_ e essentially the same. He said the question
is in going about these things; frictions develop and his
group feels the Town does need an official body. A Human
Relations Committee should represent a broad cross-section
and this would apply to the study committee as well. The
study committee should be people who have the confidence
of the Town.
The Chairman asked how large Mr. Kent thought the study
committee should be.
Mr. Kent replied from five to seven.
Mr. Brown suggested a committee of five.
The Chairman said he thought a nine man committee had
been suggested.
Mr. Kent said if there is anine-man committee, it might
conceive a broader range of coverage. If the Board charges
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31 .1
them with a specific goal, the job will get done better with
five than nine. He said he had no strong feelings.
Mrs . Brown said the committee should be small enough
to operate
Mr. Blake said the more on the committee, the less it
gets done .
Mr. Brown stated that the study committee is not the
Human Relations Committee and therefore, it did not need
too big a segment of the Town.
Mr. Cataldo said care should be taken not to create
tension. He said, in his own mind, the first time the
Board was approached, and the answer came out in the
paper, we did not feel the need. Then, there was a
letter in the paper from Reverend Lindsay written with-
out any approach to the Board. He said this is some-
thing that might continue to happen without any basis of
what had really transpired.
The Chairman said this committee could be one to
ease tensions that could be created by action of the
Civil Rights Committee.
Mr. Kent said he thought the Human Rights Committee
should promote the welfare of the community in this area;
the tensions this might involve, the taking of positions,
and the making of statements by the Human Rights Committee
They should not always take the middle ground between pre-
judice and equality. It should bring about acceptance
of the basic principle in as harmonious a manner as possible.
He said there are people hostile in the community to negroes
moving into Town. It seemed to him that a Town Human Rights
Committee predicated that the negro or anyone else should
not be discriminated against, would be a group whose functions
are to work on lessening of tensions.
The Chairman asked if he was recommending a five-man
committee for a study committee to come in with the assign-
ment for the Human Rights Committee .
Mr. Kent said this committee to come in is appointed
in response to the Board's belief that such a Human Rights
Committee can be a useful institution in Lexington.
The Chairman said the Board should have a decision two
weeks from tonight.
The group retired at 9:50 P.M.
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board and reported he had received three bids
on radios for seven units - General Electric, $3,913; Radios
RCA, $4,515; Motorola, $4,888.
The Chairman asked if they all met the specifi-
cations, and Mr. Burrell replied that, in his opinion,
RCA failed to meet them enough so he would not want to
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consider it. He said Motorola and GE meet the specifi-
cations; Motorola co;apletely, and GE is out in one area
He said Motorola is a superior unit, and there is a signifi-
cant difference between the two, $150 a unit.
Mr. Cataldo said he thought the Town was buying five
units.
Mr. Gray reported that only five were provided for
in the budget.
Mr. Cataldo mentioned thatthere is a brand new
unit in the Chief's car.
Mr. Burrell understood the Town was buying six and
a spare.
Mr. Cataldo said his understanding, as far as the
Police Department is concerned, was that the Town was
buying five.
Mr. Burrell explained his figures are on the basis
of seven units. He said the Board should consider that
there is a new type radio that just came out last week
which is far superior to any of these involved in this
bid. There is a new development to eliminate tubes
entirely and all relays. The price of this unit is
950, plus installation, which would run about $30 or
$35.
Mr. Cataldo asked if the units were fifty watt, and
Mr. Burrell replied not on the frequency under which the
Town is now operating.
The Chairman asked if the Board wanted to go for the
newer model radios and said if so, this would entail going
out for bid again.
Mr. Burrell said it would entail two months' delay
to get to the point where he is now
Mr. Cataldo asked about delivery, and Mr. Burrell
stated that most of them are available in forty-five days.
The y
he Chairman asked if the Board wanted to go through
this action toet the newer models or if the radios h were
needed badly enough to take them now.
Mr. Cataldo said the Board did not have to take the
GE units anyway. He said an effort is being made to set
the Town up on Motorola.
Mr. Gray mentioned the fact that Mr. Carroll, Chief
Rycroft and the Fire Chief have Motorolas and thL.y are
working satisfactorily.
Mr. Burrell said the new unit is the same price now
as what Chief Ryoroft and Mr. Carroll paid for theirs, $1,000.
The bid on the same model they have now is $690 and he said
he was talking about $300 a unit.
The Chairman asked if the Board would be making a mis-
take to go to Motorola if the GE units meet the specifi-
1 cations and a saving of $1,000 can be realized.
Mr. Burrell presented a smaple of both units.
313
The Chairman asked Mr. Burrell for his recommendation.
Mr. Burrell said he was convinced that there are
two choices; one to take the high bid or to reject them
and go out for the more modern set. He said even though
it is going to mean another ninety days, in the long run,
five years from now, the Town would be better off with the
latest type set. He said he had permission from Chief
Rycroft to state that he would be willing to wait.
Mr. Burrell reported that the State matching funds
representative recommended rejecting the bids and ad-
vised that upon acceptance of this project, the previous
application would be cancelled and he did not anticipate
any problem.
Upon motion duly made and seconded, it was voted Bids
to reject all bids.
Upon motion duly made and seconded, it was voted
to invite new bids based on new specifications
Mr. Burrell retired at 10:10 P .M.
Mr. Gray reported that Mr. Jules Sussman of the
Conservation Commission, was under the impression that
the Board approved $700 an acre for the land on Grove
Street offered to the Town by Mr. Burton Harrison, 29 Harrison
North Street. He said he would like permission from land
the Board to obtain an appraisal of the property from
Mr. Harry Berglund. He said he dd not think the Con-
servation Commission should get an option until an ap-
praisal has bean made.
Upon motion duly made and seconded, it was voted
to authorize Mr. Gray to obtain an appraisal of the
parcel of land offered to the Town by Mr. Harrison.
Mr. Gray referred to the Burroughs ' business
machine in the Assessors' Office and asked for permission
to move it to the Accountant 's Office once the tax bills
are out . He said even if it has bo be moved back to
the Assessors for five weeks, it would be worth it. Business
He said if the Board approved of moving the machine, he Machines
would like to ask Mr. Carroll to have a partition built in
the Accountant 's Office and would have an estimate of the
cost for the next meeting.
It was unanimously agreed to authorize Mr. Gray
to move the Burroughs' business machine from the Assessors '
Office to the Accountant' s Office, the subject to be dis-
cussed with the Board of Assessors before any move is
made. It was also agreed that Mr. Gray should have
an estimate of the cost of the partition for the next
meeting.
The meeting ac}journed at 10:35 P.M. t
A true record, Attest: y�
)
'Executiv /Clem, Select en
314 i\.°)
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SELECTMEN'S MEETING
July 27, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, July 27, 1964, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were pre-
sent. Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present .
The School Committee, Dr. Fobert, Recreation Com-
mittee, Mr. Bertini and Mr. Samuel P. Snow met with
the Board to discuss Mr. Snow's proposed plan for the
Center Playground area
The Chairman said the Board had a plan ready to
be shown and Mr. Gray presented the plan.
Mr. Snow stated that this was the same scheme the
Boards discussed two weeks ago. He said he had nothing
Plan for further because Dr. Fobert got in touch with him and
Center wanted to see the plan and discuss it before this meet-
Playground ing He did show the plan to Dr. Fobert and Mr. Abell
area last Wednesday morning and he thought they wanted to
comment on it. He stated that this plan represents
the consensus of all Town agencies, with the exception
of the School Committee.
Dr. Fobert said one thing they talked about - it
is not a question of additional areas, but a question
of putting these tennis courts next to the school because
of the use they will receive, and to preserve this particu-
lar track. Other than that, it is fine
Mr. Snow said he understood from Dr. Fobert that he
would like to have eliminated one playing field of foot-
ball size and one full-sized baseball field and put in
place of that twelve tennis courts, most of whihh were
left off the plan for lack of room.
Mr. Fenske said the tennis courts would be rela-
tively permanent and so two fields would be lost
Mr. Abell said he was stressing the individual
programs and one is tennis. He said they re&lly need
the twelve courts here as an ultimate plan He said
it would mean the loss of a baseball diamond, but the
ultimate would be to bring this diamond over across the
way. He said they do not play any hard ball during the
physical education classes and this would give him three
diamonds over here He said he would like to eliminate
315
this one because of the track. Thele would still be
four diamonds but it would be a mater of substituting
a tennis court on hard ground He said they are de-
veloping 300 players every year.
Mr. Gray said this was discussed at the first meet-
ing with the Board and he thought there was general
agreement. When the other side of Worthen Road is de-
veloped, it was agreed that then the tennis courts should go ' .
there but not until the football field is moved.
Mr. Abell said he would like to see in the ultimate
plan the tennis courts He said he would like to have
the tennis courts shown on the plan.
Mr. Gray said this would present no problem.
Mr. Viano said as long as it is agreed that this
is the ultimate.
Dr. Fobert suggested that a schedule be laid out
in terms of doing these things.
Mr. Gray said this is what the Board had in mind
when it wanted all three groups to agree on a plan. Then
the capital improvements can be scheduled.
Mrs. Clarke asked if there was a plan for the other
side She said that could not be developed until this
is developed.
Mr. Viano stated this is phase one and then they
come to phase two
Mr. Cataldo asked if the development across the
street was going to be any good to the school
Mr. Abell replied it can be used for after school
athletics.
Mr. Viano said this is phase one.
Mr. Abell said they are going to use the track during
the physical education period The track needs to be
widened, but it is better to use what is available than
to spend money and this is a $30,000 item
The Chairman said he would bring up one more point
and asked if there was complete agreement now that the
hill should be left there. He said if the School Com-
mittee says it stays, there is nothing anyone can do
about it .
The School Committee was in agreement that the knoll
remain
The Chairman asked if the various groups were in
agreement on this plan, the School Committee agreeing
that the tennis courts go over here in the ultimate plan
Mr. Snow asked if the group wanted an ultimate plan
and if so, the ballfield would be eliminated.
Mr. Viano said it was eliminated on paper.
The Chairman said there would be this plan plus
the ultimate plan for this area.
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Mr. Abell asked for a sketch on the other side indi-
cating three baseball fields and a stadium.
Mr. Carroll stated that would be going too far right now.
Mr. Abell said the tennis courts depend on developing
some area here
Mr. Burnell said there should be at least a tentative
sketch from Mr. Snow showing what will be required over
across the street .
Mr. Carroll said there is a great deal of work to be
done and there is no sense in making a sketch until there
is agreement
Mr. Burnell said there should be tentative agreement.
Unless it is done now, two or three years from now the
Board will require this work across the street and it will
be amazed that so much of the land will be used for
athletic facilities.
Mr. Carroll said Mr. Snow has that plan.
Mr. Viano said this is of a permanent nature and there
has to be a football field somewhere. He said he did
not think it was necessary to go any further than the
preliminary stages.
Mr. Burnell said let 's agree on the preliminary plan.
Mr. Viano explained that is what has been agreed upon.
The Chairman said the sense is that this plan, plus
a plan of the ultimate with a sketch on the other side
based on a tentative agreement that there will be a football
field there.
Mr. Carroll said he thought they would get into the
same problems as they encountered here.
Mr. Viano said that plan is already available.
The Chairman asked if this plan, plus the ultimate
showing the tennis courts agreed upon.
The School Committee expressed agreement
Mr. Abell asked what would go across the street. He
said he would like a football stadium and four diamonds
all together.
Dr. Fobert said he thought there was a 1960 drawing.
Mr. Viano said this is an indication of the room over
there.
Mr. Snow stated it was worked out in great detail.
Mr. Viano said that was a long-range plan, and he thought
what they have now is enough and what is needed. When they
get there, it is time to go into details.
The Chairman asked where the 1960 plan was and Mr.
Snow replied that there was a copy in the Planning Board
office.
The Recreation Committee expressed agreement
Mr. Gray suggested sending the 1960 plan over to
Dr. Fobert . I
31
The Chairman said as of this moment all present were
in agreement that this is the plan .
The group retired at 7:55 P.M.
Mr. Robert Ericson, 46 Shade Street, met with the
Board and submitted a plan of Grandview Avenue
Mr. Ericson stated that in 1956 he purchased five
lots of land on this so-called street. Three years
later he purchased two more with the intention of build-
ing on them. He indicated the area of the street which
is paved and pointed out the houses on four lots and
also pointed out the lots he owns. He said a year or two ago,
he pat a bulldozer in and cleared an area which he also pointed
out to the Board. He explained he tried to get water and
sewer rights but was unsuccessful so he then started at the
other end whe e there is sewer and water. He stated he
had water rights to run water down to include his lots
He went before the Board of Appeals for permission to
bind on 105 and 106, the Building Inspector having re-
fused to issue a permit because these lots do not front
on a street as defined in the Lexington Zoning By-Law.
The Board of Appeals denied his appeal and he then went
to the Planning Board and was referred to Mr. Zaleski.
In 1962 there was a house built on two lots, which
he indicated on the plan, and said an occupancy permit
was granted, just one lot away from his two lots. He
said after the notice of the Board of Appeals ' hearing
appeared in the paper, he tried to get water rights
but the man to whom he went, refused to sign because
he thought it would be unfriendly to his neighbors. He
said none of the people are in favor of what he is trying
to do. They don' t want any houses up there . He said,
with reference to lots fronting on a street, that he has
been building houses in Lexington for sixteen years and
submitted pictures to the Board and asked if thosedots
were different. He said he would like to put this on
the 1965 Annual Town warrant if possible to help him
out of this situation.
The Chairman asked if he meant for street acceptance
under the Betterment Act.
Mr. Ericson replied in the affirmative and said there
is no way for him to turn now.
The Chairman explained the normal procedure in get-
ting streets accepted is by the petitioner getting signa-
tures.
Mr. Ericson said he could get only one signature.
The Chairman said actually what Mr. Ericson proposes
would be the only answer and it seemed, in fairness to
all concerned, that the members of the Board should view
the area.
Gig
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Mr. Carroll stated that the Board could lay out a
street without a petition, for public convenience and
necessity.
Mr. Ericson said he owns seven lots, the Town owns
two and other people own five
Mr. Legro said the count is seven lots owned by
Mr. Ericson, two owned by the Town and three by other
individuals.
The Chairman said the Board would take the matter
under advisement and he would hear from it.
Mr. Ericson retired at 8:10 P.M.
(Further discussion on the subject was held in
Executive Session later in the meeting. )
Mr. Carroll reported that he met with the abutters
on Worthen Road, between Bedford Street and Massachusetts
Avenue, regarding sharing the Edison cost for the under-
ground work on Worthen Road. There was unanimous opinion
among the abutters that they do not want to share in the
Worthen Rd. cost . He said as far as he is concerned, the cause is
Edison hopeless and the Town has to go ahead.
facilities The Chairman said as of now the only possible way
to proceed is overhead unless the Town pays the whole
bill of $22,000 for underground work not including ex-
cavation, backfilling and patching. He asked for Mr.
Carroll's recommendation
Mr. Carroll recommended overhead and said the pre-
vious letter to the Boston Edison Company with reference
to facilities here should be updated
Mr. Carroll referred to bids taken on a loader and
reported he received bids from eight different companies
on nine machines, and had a demonstration on every machine
except one. He recommended, taking everything into con-
sideration, accepting the bid submitted by the Davis
Tractor Company on a Nelson front-end loader in the amount
of $15,977, including a snow bucket . He advised that the
Front-end amount in his budget is $16,937.
loader Mr. Sheldon asked what the estimated cost was, and
Mr. Carroll replied $21,000.
Upon motion duly made and seconded, it was unanimously
voted to accept the bid of $15,937 submitted by the Davis
Tractor Company for a Nelson front-end loader with a three
yard bucket.
Mr. Carroll mentioned the tractor-trailer combination,
and said he looked at it with Mr. Brown and Mr Cataldo.
The owner would like $8,000 but is willing to settle for
$7,580, which Mr. Carroll said was a good buy for the Town.
Mr. Sheldon asked what the unit would be worth new
and Mr. Carroll replied $16,000.
3t9
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to purchase the tractor-trailer
combination in an amount not to exceed $7,500.
Letter from attorney Bernard A.Dwork with reference
to a temporary injunction against Mary Monsignore relat-
ing to a petition for damages for a taking by the Town Monsignore
was read by the Chairman.
Mr. Legro advised this case was dismissed in Janu-
ary, 1963, and stated it is not necessary or advisable
to reply.
Letter from attorney Joseph Bramberg requesting
partial release of betterment assessment against pro-
perty of the Pine Meadows Golf Cluo was held over. Pine
Mr. Legro reported that he has written Mr. Bramberg Meadows
for information he requested last March and has not
received.
The Chairman read a letter from Mr. Irwin with
further reference to an ordinance requiring all swimming pools
to be fenced and suggesting appointment of a committee
to restudy the subject.
The Chairman recalled that a committee of three had Swimming
been appointed, one of whom was Mr. Richards, and it was pools
that committee's report that an ordinance could not be
written.
Mr. Legro said it was his recollection that there
is no power requiring the Town to require a fence.
Mr. Sheldon asked if it would take a special act
of the Legislature, and Mr. Legro replied it might well.
He said he would talk to Mr. Kelly, attorney for the
Town of Bedford, where Mr. Irwin said there is such an
ordinance.
The Chairman read a letter from the Planning Board
with reference to an exchange of land with John W.
Castoldi, Inc. , in the area of the Willards Woods Castoldi
Mr. Legro said he has had some correspondence from exchange
Mr. Zaleski, Planning Director, and their intention is of land
an even exchange of land.
Mr. Carroll said he would like to ask the Planning
Board who is going to make up the plan.
Mr. Cataldo asked if the Town should make an even
exchange
Mr. Legro replied that in answer to a question he
raised, he said the only question is equal values.
Mr. Cataldo said it would appdar to him that the
Town would be giving too much, and that Mr. Castoldi
would be acquiring another lot
11
320
0,
Mr. Carroll said he did not think that was important,
Castoldi that the Town would be getting a subdivision that makes
exchange sense, and there is a piece of land that is relatively
of land worthless to the Town. He also stated that obviously
Mr. Castoldi will benefit from this
The Chairman asked Mr. Carroll to look at the land
involved and retort at the next meeting.
Request was received from Isaac Blair & Co , Inc .
for permit to move a building from 16 Bowman Street to
17 Lawrence Lane.
Mr. Carroll reported this concern moved a house from
Permit Massachusetts Avenue to Stimson Road and damaged the
guard rail at the intersection of Wood Street and Massachu-
setts Avenue He recommended that no further permits be
issued until the damage has been repaired
It was agreed to advise Isaac Blair & Co. , Inc.that
no further permits to move buildings will be issued until
the damage to the guard rail is repaired to the satis-
faction of Mr. Carroll.
Letter was received from Mr. Harold E. Stevens in
which he enclosed a letter from Mr. Murray Herscott,
Herscott 12 Rumford Road, petitioning for the recision of the
dog restraint orders against his dog, "Blaze", issued on
November 18, 1963 and May 4, 1964.
Upon motion duly made and seconded, it was voted
to hold a hearing on Mr. Herscottts petition on Monday,
August 10, 1964 at 8:30 P.M. , providing the Dog Officer
will not be on vacation .
Father Fitzpatrick' s request for a transfer from
Transfer the Bridge Fund was held over, and the Chairman agreed to
contact Mr. Morey, Chairman of the Trustees of Public
Trusts.
Miss Edna Sanford's request for a transfer from the
Bridge Fund was held over, and the Chairman agreed to
contact Mr. Morey, Chairman of the Trustees of Public
Trusts.
The Chairman read a letter fromMr. James Hayden,
33 Homestead Street, requesting the Town to clean up the
lot adjacent to his property which he cikimed was owned
by the Town
Mr. Carroll said there might be an easement through
this parcel and said numerous requests like this are
Complaint received. He said he could have it picked up but it
could involve trouble if the Town starts to landscape
it. He said he would find out more information and
report to the Board at its next meeting.
32 110
II Upon motion duly made and ,seconded, it was voted
to appoint the following individuals as Election Officers
for a term expiring September 1, 1965, all having been
approved by Mr. Carroll, Clerk to the Board of Registrars:
ELECTION OFFICERS 196k - 1965
R Ilda J. Field R Agnes Heimlich
30 Chase Avenue 796 Massachusetts Avenue
#D Helen M. Perry R Marjorie E. Wirpio
16 Ellison Road 22 Bartlett Avenue
D Michael Lovezzola R Alice G1 Marshall
2L2 Waltham Street 9 Independence Avenue
R Mary E. Clifford R Helen L. Ignico
54 Chase Avenue 18 Outlook Drive
D John McDonough R Sally S. Hooper
54 Woburn Street 282 Bedford Street
D Randall W. Richards R Edna R. Anderson
67 Farmcrest Avenue 21 Leonard Road
D Mary G. Oliver D Eileen J. Fradette
610 Waltham Street 35 Grapevine Avenue
D Elizabeth F. Downey D Joseph 0. Rooney
1 Stimson Avenue 51 Grant Street
D Henry P. Meade ' R Helen M. Haopton
50 Percy Road 20 Bartlett Avenue
R Nellie I. Batstone D Mary J. Ferry
49 Bartlett Avenue 50 Downing Road
R Ida B. Fiske D Ann L. Ford
10 Spencer Street 1989 Massachusetts Avenue
R Florence M. Boone D Mary A. Spellman
112 Bedford Street 24 Shirley Street
D Marjorie Modoono R Mary G. McCauley
285 Woburn Street 75 Spring Street
* Replacing Edna F. Marshall * Replacing Hazel G. Nickerson
110 Woburn Street 19 Hillcrest Ave.
)92
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on July 13, 1964.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Historical Society
Use of hall to use Estabrook Hall on November 10, 1964, from 7:30 P.M.
until 10:30 P.M. free of charge, subject to a fee of
$3.46 an hour for janitor's overtime services
Upon motion duly made and seconded, it was voted
to grant Taxi Driver Licenses to the following indi-
Taxi viduals : Cha±les L. Wilcox, 4 Pleasant Street; Rolfe H.
Drivers Bryant, 3 Tenny Circle, Nashua, N.H. ; David H. MacRae,
42 Great Road, Bedford, and James Marchese, 1 Barbara,
Circle, Burlington.
Upon motion duly made and seconded, it was voted
Water to sign an order for the construction of a water main in
Order Waltham Street from end of existing 6" main 735' south-
erly to near the Lexington-Waltham line .
Upon motion duly made and seconded, it was voted
ebv►nt to sign an order for the construction of a sewer main
Order in Fairbanks Road from Shade Street 1660 feet northeast
and southeast to existing sewer.
Mr. Alfred Busa, 38 Circle Road, met with the Board.
Mr. Busa said he moved on Circle Road six years ago
this October and at that time, he did not have the
majority of the road and asked to have the road put in
under the Betterment Act. He said he agreed to purchase
Circle all the land possible to purchase from private parties
Road and the rest of the land from the Town of Lexington that
was taken for taxes. He said a year later the Board
agreed to sell the land and he would finish the road to the
Town 's specifications. Then the Planning Board wanted
Circle Road to tie in with Lillian Road. He said he ran
into a problem with the drainage and planned to drain inbo
the Great Meadows but the Town of Arlington refused per-
mission. He explained he is planning to take it out of
a water shed and dump it into another water shed on
Lillian Road. He said when his father sent this to the
Town Engineer, he felt it would not be wise to do this
because the drains on Lillian Road could not take the
water from Circle Road. He said he anticipated 1100
feet of drainage to drain only some 800 feet of develop-
ment. He said if his father does not develop this as
a subdivision, the Town will eventually have to do something,
c
and finish Circle Road under the Betterment Act . He
said he would like permis,,ion to dump into Anthony Road
If the Town agrees to share part of this drainage or
enlarge uhe drains on Lillian Road, then his father
could go ahead. He said the Town would run into the
same situation on the other end of Albemarle Avenue. He
said he wanted to know if the Town would consider this
sharing this cost and he would finish Circle Road right
to the brook.
Mr. Carroll traced what Mr. Busa proposed on a plan
and explained that Mr. Busa' s question is who is going to
pay for this drain work
Mr. Sheldon asked how much money would be involved
and Mr. Carroll replied between $7,000 and $10,000.
Mr. Sheldon asked what benefit the Town would
receive and Mr. Carroll replied that Circle Road would
be constructed.
Mr. Cataldo asked if the Town could take an easement
into a body of water to drain the Great 10 adows
Mr. Carroll said a study has been made of the area
to determine the capacity and size of the drain from
Anthony Road to a culvert on Circle Road. He said it
was suggested that they eliminate part of Circle Road
and dump into Great Meadows, but he still does not know
if the drain has the capacity. He said the only alterna-
tive solution is to drain to the Great Meadow He said
the Town could get by with one easement going out to the
Great Meadow without having any connection to Lillian Road
Mr. Sheldon asked what rights the Town of Lexington
has against the Town of Arlington.
Mr. Legro advised the Board that if it is considering
taking land in which the Town of Arlington has wafer rights,
he would like to give it some thought
Mr. Cataldo reported that Mr. John Bullock thought
the Town had the right to take an easement.
Mr. Legro said if theBoard is seriously consider-
ing such a thing, he would look into it .
The Chairman asked if the Town had the right to share
the expense.
Mr. Carroll replied that the Town has a right to
construct a drain in Lillian Road. He said the best
solution is to dump into the Great Meadows.
Mr. Legro agreed to explore this possibility and
suggested that the Board consider the damages if this
were done without permission from the Town of Arlington.
Mr. Carroll said there is a great deal of surface
drainage being dumped in the reservoir now by the Towns
of Arlington, Lexington and by private owners.
0324
a,
The Chairman asked if the Town of Arlington had been
approached.
Mr. Busa replied that it was turned down by an
Arlington Town Meeting.
Mr. Cataldo said this water is going to end up in the
reservoir anyway.
Mr. Carroll sgggested that some member of the Board
contact the Town of Arlington and settle this in a
personal way.
The Chairman suggested that Mr. Gray contact the
Town of Arlington.
Mr. Carroll said if the Town of Lexington makes a
taking and the Board of Selectmen of Arlington agree to
settle, and they have the right to do it, there is no
problem.
Mr. Legro pointed out that the Board still has to
get by the question of whether it has the right.
The Chairman suggested that before Mr. Gray contacts
the Town Manager in Arlington that he discuss this further
with Mr. Legro.
Mr. Busa retired at 9:15 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 matters which, if made public,
might adversely affect the public security, the financial
Executive interest of the Town, or the reputation of any person.
Session Following discussion of various claims with Town
Counsel, possible item for Town Meeting, eminent domain
proceedings, Civil Rights Act, and Town Counsel's work,
it was voted to resume the open meeting.
The Chairman read a letter from Arthur J. Brock,
Secretary of the Lexington Housing Authority, asking
Meeting the Board to attend a joint meeting of the Authority,
the School Committee and the Selectmen on Thursday,
July 30
The Chairman read a letter from Chief Rycroft rela-
tive to appointment of a policewoman for School Traffic
Duty.
Upon motion duly made and seconded, it was voted
to appoint Mrs. Warren Devenney, 197 Bedford Street, Police
Traffic Woman, effective September 10, 1964, to replace
Mrs. Eleanor Casey who declined appointment.
The Chairman read a letter from Mr. James J. Carroll,
Town Treasurer, listing bids received for a $1,000,000
Borrowing borrowing in anticipation of Taxes.
Upon motion duly made and seconded, it was voted
to approve the bid of the New England Merchants National
Bank of Boston in the amount of 1.60% discounted.
325
The Chairman read a letter from Henning W. Swenson,
210 Marrett Road, asking for another deferment of payment
of the water betterment assessment levied on his property Betterment
located on Allen Street . deferred
Upon motion duly made and seconded, it was voted,
under the provisions of Chapter 159 of the Acts of 1950,
to again extend the time for payment of $1,066.50 water
betterment assessment levied against property owned by
Henning W. Swenson and located on Allen Street, without
interest, until said land or any part thereof is built
upon, sold or until the expiration of three years from
the date hereof, whichever event occurs first, provided,
however, that this extension of time shall terminate
immediately if the facilities of the water main are used
for said land or any part thereof.
The Chairman referred to the appointment of a so-called
Study Committee in relation to a Human Relations Committee
as discussed by the Board at its last meeting. He stated Civil
that he had presented to him a copy of the Civil Rights Rights
Act of this year and said his attention had been called
to Title 10, Section 101, which he proceeded to read. He
daid the only question, in thinking of the need for a Human
Relations Committee, is how much of a duplication there is
going to be.
Mr. Brown asked if a Director had been appointed.
The Chairman replied in the affirmative and said he
understood that in the near future this would be functioning.
He suggested that perhaps he should contact Mr. Robert Kent
again as possibly he is not familiar with this Act. He
said this may be something that the local officials can
call upon.
Mr. Sheldon said he felt the Board should wait until
it understood the full implications of the Act, what the
Board' s part is.
Mr. Cataldo said the Board should contact that ser-
vice and see what the structure is going to be .
The Chairman said in the meantime he had some letters
and he thought the Board did agree that Robert Kent should
be considered for appointment to the Study Committee if
and when it is appointed.
The Chairman read a letter from Rev. Floyd Taylor
expressing interest in serving on the Study Committee.
He said hs;would propose Floyd Taylor as a Clergyman for
the Committee.
The Chairman also read a letter from the League of
Women Voters submitting the name of Mrs. Wesley A. Clark, 49
Peacock Farm Road, to be considered for appointment to the
tt\n
Study Committee He said he would propose Floyd
The Chairman suggested that the Board honor the
League also and stated that no much success had been
met in obtaining someone from the Chamber of Commerce.
He said real estate would be another one if this is the
area the Board is going to consider.
Mr. Cataldo asked if the Chairman was considering
appointing a com_dittee.
The Chairman replied in the negative and said the
Board should recognize these names and prior to appointment
of a study committee, it should follow through on this
Civil Rights Act.
Mr. Gray suggested that a letter to Congressman Morse
requesting a copy of HR 7152 might expedite this.
A Mr. Reiner, present at the meeting, expressed the
opinion that this Civil Rights Act would not take the
place of a local group, but did bhink asking Representative
Morse for information was good.
It was agreed to hold in abeyance the appointment of
a study committee.
Mr. Cataldo recommended that rather than look for
members to serve on the study committee from a given group
that the Board should place more emphasis on the indivi-
dual, a qualified person regardless of his vocation.
Mr. Gray reported that some time ago, Mr. Everett
Cram, 30 Volunteer Way, wrote about the purchase of lot60.
He explained that the Planning Board is in favor of sell-
ing it to Mr. Cram who owns the abutting property.
Tax title Upon motion duly made and seconded, it was voted
that a proposal to sell lot 00 Volunteer Way be adver-
tised in the Lexington Minute-man and that further con-
sideration be given the offer at the next meeting of the
Board.
The meeting adjourned at 10:50 P.M.
A true record, Attest :
y v le r, Selector
V
,39 4
SELECTMEN'S MEETING
August 10, 196!
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, August 10, 1961 , at 7:30 P.M. Chairman Cole,
Messrs. Burnella, Brown, Cataldo and Sheldon were pre-
sent. Mr. Legro:,. Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Mr. Ted Cody, 8 North Street, Lexington, applicant
for a Guide License, met with the Board.
Upon motion duly made and seconded, it was voted
to grant Mr. Ted Cody a Guide Lidense for a term expir-
ing April 1,0. 1965. Guide
The Chairman presented Mr. Cody with his license
and badge, and Mr Cody retired
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to locate underground conduit and manholes in Waltham
Street.
Mr. Robert Dunn, representing the petitioner, was Conduit
the only, person present at the hearing. location
Notice of the hearing was mailed to the petitioner,
pwners of the, property as listed on the petitioner 's
plan, and also filed wita the Superintendent of Public
Works
Mr. Dunn explained that the proposed conduit lo-
cation is necessary to provide more trunk lines between
Lexington and Waltham. It is also planned to place ad-
ditional ducts for exchange purposes.
Mr. Carroll stated that he had no objections to the
proposed location.
No one was present in favor or in opposition, and
the hearing was declared closed, and Mr. Dunn retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing conduit and manhole locations:
Waltham Street: Easterly side, northerly from Waltham
City line, approximately 1965' feet of
underground conduit; also two (2) man-
holes.
2 86;
Ar
al
Petition was received from the Boston Edison Company
and the New England Telephone and Telegraph Company for
permission to locate two poles on Bedford Street .
Upon motion duly made and seconded, it was voted to
grant the pet .tion and sign the order for the following
i/o pple locations:
Bedford Street, southwesterly side, at Carley Road, --
One (1) pole.
(One existing JO pole to be removed)
Bedford Street, sout8.westerly side, approximately 85
feet northwest of Reed Street, --
One (1) pole.
(One existing JO pole to be removed. )
Mr. Legro stated that he had prepared a partial
Partial release of land from a sewer betterment assessment,
release Lot 70 on Webster toad, land of James A. Carrig
Upon motion duly made and seconded, it was voted
to sign a partial release, releasing that part of the
land within the State highway as relocated in the fol-
lowing form:
PARTIAL R1T,H,,ASE OF LAND FROM SEWER BETTERMENT ASSESSMENT
At a meeting duly held on May 7, 1962, the Board of
Selectmen of the Town of Lexington, acting as a Board of
Water and Sewer Commissioners, adopted an order of construction
of sewer in Webster Road in said Lexington, and attached to
said order a schedule of estimated betterments to be as-
sessed on the particular parcels of land to receive special
benefit from the construction of said sewer, including the
land of James A. Carrig shown aB Lot 70 on Land Court Plan
No.23539B filed in Middlesex South Land Registry District
in Registration Book 517, Page 285 with Certificate of
Title No. 77501, and being p part of the land represented
by Certificate of Title No. 77382 in Registration Book
503, Page 385, on which the estimated betterment assessment
was $709.24. Said order and attached schedule were duly
filed in said Land Registry District as Document No. 37703
and noted on said Certificate of Title No. 77382.
The said Board of Selectmen of the Town of Lexington at
a meeting duly held on the 10th day of August, 1964, acting
as a Board of Wer and Sewer Commissioners, hereby releases
from the lien securing the aforesaid betterment assessment
such part of the aforesaid land of James A. Carrig as is
situated within the State Highway Location as altered by
order of the Commonwealth of Massachusetts (Department of
Public Works) , dated June 12, 196',x, filed in said Land
Registry District on June 26, 1962 as Document No. 380173;
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
reserved on all other land now or formerly of said James A.
Carrig referred to in said schedule of estimated betterments.
WITNESS our hands in said Lexington this 10th day of
August, 1964.
TOWN OF LEXINGTON
/s/ Lincoln P. Cole, Jr. /s/ Levi G. Burnell
/s/ Otis S. Brown, Jr. /s/ George C. Sheldon
/s/ Robert Cataldo
Majority of the Board of selectmen
HOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. August 10, 1964
Then personally appeared the above named Lincoln P. Cole,
Jr. , Otis S. Brown,, Jr. , Levi G. Burnell, Robert Cataldo and
Georke 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. Lesro
Donald E. Legro, Notary Public
My commission expires: March 14, 19e0
Mr. Legro referred to a Contract #3.
Mr. Carroll explained it involves the betterment
street construction for 1964. Ha took bids last Monday
on the street work for 1964 and the drainage world was
included in the same contract . He said he asked for Street and
bids on an alternate basis. Two bids were received, Drain
one from Belli Bros. and one from T. D. Sullivan. Belli Contract #3
Bros. was the low bidder, $101,007.50. He said the
figure is within the budget and the contractor has done
work for the Town before and he recommended that the
contract', be awarded to him.
Upon motion duly made and seconded, it was voted
to award the contract to Belli Bros . , the low bidder,
in the amount of $101,007.50.
Cr
Upon motion duly made and seconded, it was voted
to sign the contract #3 between the Town and Belli Bros .
for street and drainage work, the contract having been
prepared by Town Counsel in anticipation of the award
being made to the low bidder.
Mr. Carroll brought the Board up to date on what
Kiln Brook is happening to Kiln Brook. He reported that no survey
worn has been done, but it is expected that construction
will start some time in November.
Mr. Carroll informed the Board that he will be taking
Traffic bids on the traffic lights at Worthen Road and Bedford
light bids street, and Hill and Bedford Street on August 17, at 10:00
A.M. in the Selectmen's Room.
Mr. Carroll referred to the Bedford sewage problem
and said he thought the Board should make some effort to
Bedford contact the Town of Bedford and find out exactly what is
sewage being done, as Bedford is proceeding with construction
work.
The Chairman stated that he has seen at least one
member of that Board every week, but would write the
letter as suggested.
Mr. Herman Shea, representing Cabot, Cabot & Forbes'
interest, and Mr. Allen Flynn, his associate, met with
the Board.
Mr. Shea stated the problem which he was appearing
before the Board for, is water services to the industrial
research office development, in the vicinity of Spring
Street. He said there is one facility,. Burroughs,
and it is hoped, with the assistance of the powers, that
they may have other developments there as well with equal
standing. His problem that brought him before the Board
was one of water service which he said, as the Board knew,
was originally planned to go down the Spring Street Frontage
Road to Waltham Street, bit it was decided not to construct
a water main in that frontage complex He said his company
is in the position where it must have water and is appealing
to the Town to be of assistance or at least to present its
case. He smbmitted a plan of the area and pointed out
it is planned in the construction of the alteration of
Spring Street to bring a 12" east iron water main. He
indicated on the plan the proposed location of approximately
775 feet of 8" cast iron water main and stated this main
would serve Burroughs, a proposed facility and hopefully,another
facility. He said he was requesting the Board to consider
3 o
the case of aausing this to be this to be constructed
in the contract forthcoming and that Cabot, Cabot & Forbes
would offer, if it meets with the Board's judgment, to
pay one half the cost, the Town to pay the other half. He
said he was told the next thing is the cost of such a water
main, approximately $9.00 a foot which seems to be a reason-
able figure, a round figure of $7,000. He said his offer
to pay onehalf of the Town 's share would be based on the
construction cost. The features that prevent it being
constructed now, in part there will be serious changes
in grade. He said he thought bice br two hydrants should
be considered along with this water main.
The Chairman pointed out that anything that would be
done would be done in conjunction with the Commonwealth.
Mr. Carroll said in talking about this, why not talk
about going further, to a point which he indicated on the
plan
Mr. Shea said he was hopeful in saving the Town and
his company by securing an easement . He said this land
could be used batt only two units and it would call for a
frontage road
Mr. Carroll said Mr. Shea was asking for bile Town to
share in the cost of a main to this point here, indicating
on the plan, and was hoping to serve this property, also
indicating on the plan He said that in the future the
Town will have to extend the main and it will not be possi-
ble to assess betterments.
Mr. Shea said he could see Mr. Carroll's point. He
said he was considering these would hopefully present the
Town with some tax revenue and hoped the Town would see
the point why his company was stopping where it is.
Mr. Brown said this is going to be a service ramp
off the highway and he thought they should at least get
beyond that which will carry a great deal of traffic.
Mr. Shea said the intent is, this is all thgy need,
but he could see the Town 's position.
The Chairman asked Mr. Carroll if it would be to
the Town 's best interest to only put the water main in
to this point .
Mr. Carroll said it was his feeling that it would
be a fair thing for the Town if they were talking about
Burroughs, which he understood they were. It would be
fair for the Town to share one half the cost if it were
restricted to serving Burroughs. However, looking at
this plan, the thought came to him that it might be a
good idea to have Cabot , Cabot & Forbesput the
. water in
to here, indicating on plan, and the Town of Lexington
in the future would extend it the rest of the way at its
own expense. In this way, the Town would end up paying
332 //���)
2,
one half of the cost of the water main
Mr. Shea said his company would pay for a water main
that served it, and would be payiimg for all that it needs.
Mr. Carroll said if the Tcwn had put the water main
in the original appropriation a few months ago, it would
have assessed betterments for the entire length at $1.50
per foot on both sides.
Mr. Cataldo inquired about the length of the Frontage
Road, and Mr. Carroll stated it is one mile.
Mr. Cabaldo asked if the 8" pipe would be large enough.
Mr. Carroll replied in the affirmative and said that
would be the largest ever needed there.
The Chairman said the Board would take the matter
under advisement and let Mr. Shea know its decision.
Mr. Shea retired at 7:59 P.M.
Mr. Carroll said if Cabot, Cabot & Forbes agree to
Article pay for this, the Town will still have to appropriate
the money at a Specill Town Meeting in the fall because
the State would not consider a private individual. He
said Cabot, Cabot & Forbes would reimburse the Town.
The Chairman asked what would be fair to everyone
concerned.
Mr. Carroll said there could be an article to con-
struct a main from Spring Street to this point here, in-
dicating on plan, with the agreement that Cabot, Cabot &
Forbes would pay one half of the cost of constructing
the water main.
Mr. Cataldo said they would not pay one half of the
2,000 feet.
Mr. Sheldon asked how Cabot, Cabot & Forbes would
make out if it were put in all the way and they were
charged betterments.
Mr. Carroll said they would make out better.
Mr. Cataldo pointed out that with tie type of con-
struction it might come out the same by paying $3.00 a
foot or paying half the cost.
Mr. Carroll said he figured $9.00 a foot is right
for this type of construction.
The Chairman smggested that Mr. Carrcll figure the
cost of Cabot, Cabot & Forbes ' proposal and also the cost
for the entire length
An 8:00 o'clock appointment was ma_e for Mr. Bradford
Giddings, 3 Stetson Street, at his request, bort he failed
to keep it.
The Chairman read a portion of Mr. Giddings' letter
of July 20 with reference to his water bill.
Mr. Carroll said the meter reader could not get into
Mr. Giddings' house and left a card. The card was sent
back later than it should nave been and the billing went
333
out. Mr. Giddings was unaware of the fact there was a
leak. Mr. Carroll said he appreciated the fact that Mr.
Giddings has a problem, but there are variations of this
particular problem every day.
Mr. Sheldon asked if the leak was within the structure
and Mr. Carroll replied in the affirmative and stated this
is one of the disadvantages of quarterly billing.
Mr. Brown asked if there was any obligation on the
part of the Town when there is a leak within the house .
Mr. Carroll replied in the negative and said this is
a common thing
The Chairman said the usual way of handling such a
situation is that the user of the water must pay.
Mr. Cataldo asked if the meter had been checked.
Mr. Carroll replied in the affirmative and said it
was accurate.
Mr. Cataldo said he could not see where the Town is
liable.
Mr. Burnell said, not having contributed to negli-
gence, he did not see why the Town would assume any re-
sponsibility.
The Board, after reviewing the problem, felt that
the meter had been checked and found to be correct, and
that the loss of water was in the house and therefore
the Town had no liability.
Mr. William McDonough, of the Shell Oil Company,
met with the Board Shell Oil
He stated that the company has just opened its opening
station in Lexington and plans to have a grand opening
after Labor Day. As far as the building is concerned,
it conforms to the Board of Appeals The opening will
run from September 11 through the 19th, and he would
like permission during these eight days to have on the
propserty two signs; one on Bedford Street and the other
on Worthen Road which will be within the property. He
would also like permission to put up two or three
streamers After the eight-day period, he will take
them down.
Mr Burnell said he would question what authority
the Selectmen have to grant such permission as this
would come under the Board of Appeals.
Mr. Legro said there is no question about it
Mr. McDonough asked, if it meets with the Board' s
approval, would he have to come back to the Board of
Selectmen
Mr. Legro replied in the negative.
The Chairman said the Board of Appeals would have
to hold a hearing which would be advertised.
Mr. McDonough retired at 8:15 P.M.
334 tkn
al
Mr. Carroll stated there has been ,a drainage problem
on Hancock Street at the end of Hayes 4venue for the pest
seven or eight years. He presented a plan and explained
damage caused to property at 52 Hancock Street owned by
Mr. Moore due to the fact the drain does not work except
during light rain. Recently Mr. Mark Moore came in to the
Planning Board with a sitbdivision entitled "Jackson Heights",
just down the street from the location of the drainage
Drainage problem. He said the problem may be solved by having
Mr. Moore extend the drain up to Hancock Street and then
the Town could pick it up and go out onto Hancock Street
and tie into the drain here, indicating it on the plan.
This, as far as Mr. Moore is concerned, would be extra.
He recommended that the Board include an item for $1600,
which it would cost Mr. Moore to extend the drain to
Hancock Street, in the 1965 budget . Mr. Moore is will-
ing to put this on his subdivision plan.
The Chairman said this would be reimbursing a sub-
divider .
The Board felt the proposal as stated by Mr Carroll
would solve a problem and agreed with Mr. Carroll's re-
commendation
Mr. Legro stated that this is probably the least
expensive way it can be done
Complaint received from Miss Lee Carver about damage
to her car was referred to Town Counsel.
Claim Mr. Legro said he would refer it to Mr. Gray, as
suggested by the Chairman, after reviewing the claim.
Hearing was declared open upon petition of Mr. Murray
Herseott, 12 Rumford Road, for the recision of the restrain-
ing orders for the restraintoof his Golden Retriever,
"Blaze", that were issued on November 18, 1963 and May 4, 1964.
Mr and Mrs. Herscott , Mr. Harold E. Stevens, their
attorney, Mr. Elihu Petnov, Dog Officer Shaughnessy, and
several other persons were present
Mr. Stevens said since this petition deals with a
dog, and the dog is available and is outside in a car,
to would like permission for the Board to see the dog.
Permission was granted, and Mr. and Mrs. Herscott brought
the dog in. Mr. Stevens said he did not want to take up
time unnecessarily, and if he was dealing with something
the Board remembered from a prior hearing , he would ap-
preciate if the Board would say so.
The Chairman said the request for the hearing comes
for the dog that has been restrained, and Mr. Stevems would
have the floor first and then all those he wished to testify,
then all those opposed to the lifting of the restraint would
rl
have an opportunity to speak and a question period would
follow.
Mr. Stevens said the petitioner's iosition is this ;
the dog is of a breed known for gentleness with children,
a wonderful dog around the house and it is not a vicious
breed. It is a warm animal and not aggressive . Dogs
soon tome to know which one is top dog and having decided
that, that is the end of it unless some animal persists in
trying. He stated that this dog was acquired to be a
co?hpanion around the house. Mr. Herscott has children
and it was acquired to be out with the children to look
after them. These purposes are defeated as long as the dog has
to be restrained. He said the Board knew what an almost
impossible task it is to make sure the dog does not get
out because the children don't lock the doors. Every
time something like this happens, it is a violation when
there is a restraining order. The owner can be taken to
court and fined and it is an almost impossible situation
to live with. He stated that the violations that arose
in this case were hot intended to be obstinate. These
things happen. The children are there playing and that
is where the dog wants to be and that is where the dog
should be. He said he would like the Board to hear from
the owner, Mr. Murray Herscott, 12 Rumford Road.
Mr. Herscott said he purchased the dog for the enjoy-
ment and protection of the children in his family, and was
careful in the selection. He eliminated all breeds for
one that would be gentle and went to Dr. Howard Smith and
asked his advice about gentle dogs, as he also wanted to
consider other children on the street . Dr. Smith told
him the Golden Retriever is a wonderful dog Later he
notified Mr . Herscott that Mrs. Hayden Mason who has a
kennel in Lincoln had some pups, and he purchased one
of these pups which was six weeks old. He said the dog
has always been gentle with people, children, with his
family and anyone else. In order to get more enjoy-
ment , he took the dog to the Concord Training School
where he went through the first stage of dog training.
He said there never has been an occasion for him to need
a dog because of robbery, but the dog is , however, a
good watchdog. He is not a barking dog, is very quiet
and likes to play with the children .
Mr. Carl Friedman, 13 Rumford Road, said he livee
across the street and hasFfnown "Blaze" since he came to
Rumford Road. He said he has three children and he did
not believe "Blaze" , in his experience, has hurt or
caused any trouble among the children and he was happy
to have him unrestrained.
Mr. Herbert Slade, 14 Rumford Road, said he has
always found "Blaze" to be gentle . He said he also has
336
CC
11
young children who play with the dog, and if they were
afraid, they would not do this . He said he does not
own any animal but has them in his yard and he thought
they were equally guilty or not guilty. He said he
always found this dog to be gentle and of no trouble .
He does, occasionally, get into the garbage as do all
the other dogs.
Mr. Walter C. Clemens, 11 Rumford Road, said he
concurred entirely with Mr. Slade. He said he had
two rabbits and "Blaze" came over and did not bother
them at all. He is very gentle and he has a three year
old girl who pets him He said the dog has never been
rough with her, and he was personally very fond of the
dog. He stated that this dog is like the other dogs
in the neighborhood in that he does get into the garbage
can, but this is very common and not at all unique to
him, and may have happened two or three times in a seven
month period
Mr. Stevens submitted letters on "Blaze 's11 behalf
from Arthur J. Filgoni, mailman, Sara Ann Sutterland,
lyancy D. Hudson, and Elizabeth Gurley of Laconia Street
Donald F. Cox, 51 Laconia Street, Mary I. Johnson, 61
Laconia Street, and Mrs. Hayden Mason who bred the dog,
"Blaze".
Mr. Elihu Petnov, 73 Laconia Street, said this dog
has been let loose and caused quite a bit of damage to
the exterior of his porch. He said he has knocked
down his children and a couple of days ago, bothered
his little girl. He said the dog has been quite a
hazard. He said he raises vachshunds and when they are
in heat, he confines them. This dog comes down and knoc#s
his children down. He said he told tiese people to take
the dog and shortly he is back again. He said sometimes
he comes down the street and attacks another dog and causes
a fight, and he does not want this to happen to his children,
He said this dog only has to bite one child and everything
done here is gone for naught . He said at the moment there
are holes in his porch that have been ripped open by this
dog.
Mr. Allen Heighton said he owns dog and everything
he has heard here tonight is true. He is not a vicious
dog and he thought the children should be restrained. He
said he has quite a good sized yard and keeps his dog in,
but he can 't keep the children out. He said he did not
know what this case was all about.
Mr. Petnov said he had his little girl with him and
also his neighbor 's girl. This Saturday they were going
to New Hampshire, "Blaze" was outside and they were put-
ting their dogs in the car. It was so bad they had to
spray the dog with a hose to get him away, and Ilrs. Johnson
is recovering from gashes cut in her leg
337
The Chairman read a letter from Richard D. Gilman,
17 Rumford Road.
Mr. Stevens asked Mr. Petnov how many dogs he owned
and he replied two.
Mr. Stevens asked if they were male or female, and
Mr. Petnov replica male and female.
Mr. Stevens asked if he has had two females, and
he replied in the affirmative.
Mr. Stevens asked if when "Blaze" was on his porch
his dogs were in heat.
Mr. Petnov said the dog was not on the porch but
was confined.
Mr. 8te+¢ens asked if there was a number of dogs
on the porUsh when Mr. Herscott called for his dog, and
Mr. retnov replied that "Blaze" was the only dog.
Mr. Stevens said Mr . Herscott asked Mr. Petnov how
he (_ .,;ed "Blaze" as the dog who did the damage, and
Mr. Petnov said he was the largest dog and so he must
have done it
Mr.l'etnov said he stated that the dog was on the
porch. He said at that time there was only one dog on
the porchaand that was "Blaze".
Mr. Stevens asked if the female dog in heat was on
the porchi,. and Mr Petnov replied she was in the utility
room.
Mr. Herscctt said he went down to Mr. Petnov' s house
and found "Blaze" in the porch which is ground level.
Mr. Petnov told him "Blaze" had torn his screen door.
Mr. Herscott asked how he knew it was torn by "Blaze",
and he said he must have, because he was the biggest
dog there. He said Mr. Petnov said "Blaze" was under
restraint and his door was broken Mr Herscott said
he would take the door to the mill to lave the framework
and door repaired. The following Sunday, Mr. Petnov
came into the driveway with two doors. He said the
screening on both doors was bad, but he did not know if
his dog went through as any dog could have He said he
took one door and had it repaired although he did not
believe his dog did the damage because there were ten
dogs there He said now Mr Petnov is leaving the im-
pression that all winds of things happened and that a
woman was gas Zed when he knows definitely that a Doberman
did it
The Chairman said this Mrs. Johnson is one wno wrote
in Blaze' s behalf
Mr. Herscott said to leave things half said and
bring charges of viciousness is an awful thing and he
was forced to appeal to an attorney to bring his case to
the Board.
I
338
z
Mrs. Herscott said the Board has letters from people
on Laconia Street where Mr Petnov lives They told her
at one time Mr. Petnov had three dogs, two females in
heat and at least ten dogs were there day and night in
front of his home and they had to call the police because
they could not stand it. She said her dog is thin and
has lost all his spirit and will die if this restraint
is left on.
Mr. Stevens said he wanted the Board to realize
the request is not being made so the dog will be running
around twenty-four hours a day. The fun of having a dog
is to have him at home with the children and the Herscotts
intend to keep him there, and if necessary, to tie him
at times so he will not follow the children He said
it is not a request for an opportunity to let the dog
run wild but to let him live a normal way.
The Chairman asked Officer Shaughnessy if there has
ever been any evidence of "Blaze" attacking any human
being or biting. Officer Shaughnessy replied not to
his knowledge.
The hearing was declared closed and the group retired
at 9:03 P.M.
Upon motion duly made and seconded, it was unanimously
voted to rescind the restraint orders for the restraint
of Mr. Murray Herscott ' s Golden Retriever, "Blaze", that
were issued on November 18, 1963 and May 4, 1964
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on July 27.
Upon motion duly made and seconded, it was voted
to sign the Warrant for the State Primary to be held
Warrant on Thursday, September 10, 1964, the polls to be open
from 8:00 A.M. until 8:00 P.M.
Upon motion duly made and seconded, it was voted
Jury list to adopt the Jury list for 1964-1965.
Members of the Lexington Housing Authority and the
School Committee met with the Board at the Authority's
request to discuss the property in the area bounded by
Waltham Street, Vine Brook Road and Sherburne Road.
The School Committee and the Housing Authority
presented arguments why they wanted the land, and fol-
lowing a discussion. it was agreed that Mr. Temple Scanlon,
representing' the Lexington Housing Authority, would con-
tact Mrs . Morey or Mr. Steele of the School Sites Com-
mittee and discuss sites that could have been considered
by that committee as school sites but have been discarded,
eJ c)el
but which might be used as a site for the Housing
Authority.
The group retired ,at 9:55 P.M.
The Chairman read a letter from the Planning Director
advising that the Planning Board is generally opposed to
the sale of tax title lots as sites for new residences,
unless both the following conditions are satisfied: Tax title
lots
a. Definite arrangements are made either under the
Betterment Act or under the Subdivision Control
Law for the construction of streets, on which
such tax title lots front .
b. Tax title lots are combined into building lots
(or added to existing building lots ) which con-
form or nearly conform to current zoning re-
quirements
The Chairman referred to requests for transfers from
the Bridge Charitable Fund that were held over from the Transfers
last meeting, and advised the Board that he has processed
them through Mr. George Morey.
I II
Upon motion duly made and seconded, it was voted
to certify the character of Harry Schector, 523 Lowell Cert. of
Street, who has applied to the State for a Certificate Inc.
of Incorporation, satisfactory references having been
received from the Chief of Police.
Letter from the Planning Board with reference to
an exchange of land with John W. Castoldi, Inc . , was
held over.
Mr. Carroll reported that Castoldi has removed
a considerable amount of gravel from the piece of land
he wants to exchange. He said as far as he is con-
cerned, both pieces of land are equal. He said if the
Board does decide it wants to make an exchange of land,
he would recommend that the hole be filled in and the
topsoil replaced.
Mr. Cataldo said this would have to come up at a
Town Meeting.
Mr. Carroll also recommended that an appraisal be
made of both parcels of land to determine the value.
Mr. Gray was requested to have appraisals made,
the one on Castoldi ' s land to be based on the parcel
being restored.
340
CI
Letter from James Haydon, 33 Homestead Street, with
reference to the condition of a lot ad3acent to his pro-
perty, was held over
Mr. Carroll reported that the Town does not own the
Complaint lot to which Mr Haydon refers He explained that the
Town does have a 10' water easement over the lot but in-
sofar as he has been able to determine, the lot is owned
by Diana Estates.
Upon motion duly made and seconded, it was voted
to adopt tae following amendments to the Traffic Rules
Traffic and Regulations of the Town of Lexington:
Rules
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN. AUGUST 10, 1964
That the Traffic Rules and Ra4gulations of the Town of Lex-
ington adopted by the Board of Selectmen on January 31, 1955
and subsequent amendments thereto be and hereby are hereby
further amended as follows:
1) By adding at the end of Article I the following new
definition:
(cc) "Intersection", The area embraced within the
extensions of the lateral curb lines, or, if none, then the
lateral boundary lines , of intersecting ways as defined
in Section 1 of Chapter 90 of the General Laws, includ-
ing divided ways.
T1m rules and regulations herein contained governing
and restricting the movement of vehicles at and near
intersecting ways shall apply at any place along any
way at which drivers are to be controlled by traffic
control signals whether or not such place is an inter-
section as herein defined
2) By striking out the derinition of Vehicle as it appears
in Article I and substituting therefor the following:
(d) "Vehicle", Every device in, upon or by which any
person or property is or may be transported or drawn
upon a highway, including bicycles when the provisions
of these rules are applicable to them, except other
devices moved by human power or used exclusively upon
stationary rails or tracks and devices which derive
their power for operation from stationary overhead wires
34
3) By inserting in Article VIII the following new section:
Section 19 Vehicle Operation at Crosswalks
(a) When traffic control signals are not in place
or not in operation the driver of a vehicle, which for
the purposes of this Article shall include bicycles ,
shall yield the right of way, slcwing down or stopping
if need be so to yield, to a pedestrian crossing the
roadway within a marked crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle
is travelling or when the pedestrian approacces from
the opposite half of the roadway to within 5 feet of
that half of the roadway upon which the vehicle is
travelling
(b) No operator of a vehicle shall pass any other
vehicle which has been stopped at a marked crosswalk to
permit a pedestrian to cross a way, nor shall any operator
enter a marked crcsswalk Until there is sufficient space
on the other side of the crosswalk to accommodate the
vehicle he is operating notwithstanding any traffic control
signal indication to proceed
August 10, 1964
Date of Passage /s/ Lincoln P . Cole, Jr.
Levi G. Burnell
Robert Cataldo
George C. Sheldon
Otis S. Brown, Jr.
Attest:
Town Clerk
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN. AUGUST 10, 1964
In accordance with the provisions of Chapter 90,
Section 18A of the General Laws (Ter.Ed. ) as most recently
added by Chapter 4.09 of the Acts of 1962 and in accordance
with the Pedestrian Control Standards of the Department of
3412
Mr
Public Wo ks of the Commonwealth of Massachusetts, the
Board of Selectmen of the Town of Lexington hereby enacts
the following regulations to govern the use of ways by
pedestrians. These regulations are to become effective
on January 1, 1965.
By adding at the end of Article IX the following new
Article
ARTICT.F XX
Pedestrian Control Regulations
Section 1 Pedestrians Crossing Ways or Roadways
Pedestrians shall obey the directions of police officers
directing traffic and whenever there is an officer directing
traffic, or a traffic control signal within three hundred
(300) feet ofa pedestrian, no such pedestrian shall cross a
way or roadway except within the limits of the marked cross-
walk at the signalized location and as hereinafter provided
in these regulations. For the purpose of these regulations,
a marked crosswalk shall only be construed to be that area of
a roadway reserved for pedestrian crossing located between
two solid white reflectorized 12 inch pavement markings in
rural areas or markings not le s than six inches wide in '
urban areas, said markings or lines being no less than six
feet apart
Section 2 Pedestrian Actuation
(a) At a traffic control signal location where pedestrian
indications are provided but which are shown only upon actuation
by means of a pedestrian push button, no pedestrian shall cross
a roadway unless or until the pedestrian control signal push
button has been actuated and then cross only on the proper
pedestrian signal indication. At traffic control signal
locations where no pedestrian indication is provided, pedes-
trians shall cross only on the green indication. If necessary,
the green indication shall be actuated by the pedestrian by
means of a push button .
(b) At a traffic control signal location, pedestrians
shall yield the right of way to vehicles of a funeral or
other procession or authorized emergency vehicle while in
performance of emergency duties regardless of the signal
indication given, and they shall not attempt to cross the
roadway until such vehicles or procession has passed at
which time pedestrians shall then cross the roadway only
as provided in these regulations
34 3
Section 3 Pedestrian Obedience to Traffic Control Signals
Traffic control signal color indications and legends
shall have the commands ascribed to them in this section
and no other meanings, and every pedestrian shall comply
therewith, except when otherwise directed by an officer.
(a) Red and Yellow or t -ie Word "Walk" - Whenever
the red and yellow lenses areilluminated together or the
single word "Walk" is illuminated, pedestrians facing such
indication may proceed across the roadway and in the direction
of such signal only
(b) Red Alone or "Don't Walk" - Whenever the words "Don 't
Walk" or any indication other than red and yellow shown together
are illuminated in a traffic control signal where pedestrian
indications are provided, pedestrians approaching or facing
such indication shall wait on the sidewalk, edge of roadway
or in the pedestrian refuge area of a traffic island and
shall not enter upon or cross a roadway until the proper
indication is illuminated in the traffic control signal,
but any pedestrian who has partially completed his cross-
ing on the walk indication shall proceed or return to the
nearest sidewalk or safety island on the yellow indication,
the red indication or when the words "Don 't Walk" are illumi-
nated by rapid intermittert flashes
(c) Green Alone - At traffic control signal locations
where no pedestrian indication is given or provided, pedes-
trians facing the signal may proceed across the roadway within
any marked crosswalk in the direction of the green indication
(d) Yellow alone: Red Alone or Flashing "Don 't Walk" -
Pedestrians approaching or facing a yellow, red or flashing
"Don't Walk" illuminated indication shall not start to cross
a roadway.
(e) Flashing Red, Yellow or Green - At any traffic
control signal location where a flashing red, flashing yellow arflash-
ing green indication is being given facing a crosswalk, pedes-
trians shall actuate, where provided, the pedestrian signal
indication and cross the roadway only on the red-yellow
or "Walk" indication when such indication is in operation
If no pedestrian signal is provided, pedestrians shall
cross within crosswalks with due care
Section L. Pedestrian Crossings and Use of Roadways
(a) It shall be unlawful for any person to actuate a
pedestrian control signal unless a cressing of the roadway
is intended
344 '
Section 5 Operators to Exercise Due Care
The provisions of these regulations shall in no way
abrogate the provisions of Chapter 90, Sections 14 and
14A of the General Laws (Ter . Ed. ) which provide : "Pre-
cautions for Safety of Other Travelers" and for the
"Protection of Blind Persons Crossing Ways" . Furthermore,
notwithstanding the provisions of these regulations every
operator of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon the roadway and shall
give warning by sounding the horn when necessary and shall
exercise proper precautions which may become necesssary for
safe operation.
Section 6 Officers to Enforce Pedestrian Regulations
These pedestrian control regulations shall be enforced
by all officers of the Town of Lexington on and after
January 1, 1965.
Section 7 Exemptions
The provisions of these rules and regulations govern-
ing the use of ways by pedestrians shall not apply to pedes-
trians actually engaged in work upon a roadway closed to
travel or under construction or repair, to municipal,
state0 federal or public service corporation employees
while in the performance ofAlyikr duties, to officers engaged
in the performance of their/duties or to pedestrians acting
in an emergency when such emergency necessitates departure
from any part of these rules and regvtlations.
Section 8 Penalties
Any person who violates the provisions of this Article
which deal with the proper use of ways by pedestrians shall be
punished as provided in Chapter 90, Section 18A of the
General Laws (Ter. Ed. ) as most recently added by Chapter 409
of the Acts of 1962.
Section 9 Effect of Regulations
All existing rules and regulations governing the operation
of vehicles or the vise of ways by pedestrians which are incon-
sistent herewith are hereby expressly repealed. This repeal
shall not, however, affect any punishment or penalty imposed
or any complaint or prosecution pending at the time of pas-
sage hereof for any offense committed vtnder any of the said
rules and regulations hereby repealed.
1
345
If any section, sub-section, sentence, clause or phrase
of these rules and regulations is for any reason unconsti-
tutional, such decision shall not affect the validity of
the remaining portion of these bules and regulations. The
Board of Selectmen of the Town of Lexington hereby declares
that it would have passed these rules and regulations and
each section, sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentence, clauses or phrases be declared unconsti-
tutional.
August 10, 1961
Date of Passage /s/ Lincoln P. Cole, Jr.
Levi G. Burnell Board
Robert Cataldo of
George C. Sheldon Selectmen
Otis S. Brown, Jr.
Attest
II
Town Clerk
Mr. Gray reported that he had granted permission
to Mr Mitchell Spiris, School Department, to use Gary Use Of
Memorial Building on September 2 for a luncheon to be hall
given to new teachers.
Mr. Gray reported that an additional $1,000 is
needed for Medical Fire amd Police.
Upon motion duly made and seconded, it was voted Transfer
to request the Appropriation Committee to transfer the
sum of $1,000 from the Reserve Fund to the Medical Fire
and Police Account
The Chairman read a letter from the Lexington His-
torical Society submitting the names of Max H. Straw
and Donald E. Noyes as candidates for Associate Members
of the Historic Districts Commission. Appointmer
Upon motion duly made and seconded, it was voted
to appcint Mr. Max H, Straw as Associate Member of the
Historic Districts Commission for a five-year term ex-
piring January 1, 1969.
Mr. Legro retired t 10:L0 P.M.
346
cp;
The Chairman read a letter from Representative
F. Bradford Morse to which was attached a copy of the
new Civil Rights Act. He said when the Bc . d originally
received the petition to create a Human Relations Committee,
it tried to reason out everything that could possibly happen.
He said that Mr. Kent felt tie committee should consist of
Human respected citizens of the Town. He said he recently received
relations the suggestion that perhaps former members of the Boards of
Selectmen would make up the committee. He reported that
three former members of the Boards are willing to serve and
there may be others. The suggestion is to create a study
committee cons sting of from three to five membe_ s whose
functions it would be to report back to the Board.
Upon motion duly made and seconded, it was voted
that a committee of from three to five former Selectmen
be appointed as a study group on the human relations '
problem to report back to the Board of Selectmen not later
than December 1, 1964 with its recommendations as to what
future action should be taken; the report to encompass
action, lack of action or whatever might be indicated.
The Chairman said three members have indicated their
willingness to serve, and one will decide tomorrow. He
asked if the Board wanted to leave the authority to him
to appoint the committee.
Mr. Cataldo said the Chairman would have to come
back to tie meeting to get the official appointment
Mr. Sheldon suggested that the Board could move to
appoint the three individuals who are willing to serve.
The Chairman said the appointments have been com-
fined to one group of people familiar with the Town and
advised that the three who have accepted are Mr. Donald E.
Nickerson, Mr. Lewis L. Hoyt and Mrs. Ruth Morey.
Upon motion dmly made and seconded, it was voted
to appoint Messrs. Nickerson and Hoyt and Mrs. Morey tt
serve as a study group on the human relations ' problem
as outlined in the above-mentioned vote of the Board.
The following individuals were drawn for Jury duty:
Sander A. Buchman, 59 Turning Mill Road, and Seymour
Handman, 23 Burroughs Road.
The meeting adjourned at 10:50 P.M.
A true record, Attest: 0. /
, � �-
ec iv Clerk, Selec�n
pr v \\
M� J
J
34
SELECTMEN'S MEETING
August 24, 19644
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, August 24, 1964, at 7 30 P.M.
Chairman Cole, Messrs . Burnell, Brown, Cataldo and
Sheldon were present. Mr. Legro, Town Counsel,
Mr. Carroll, Superintendent of Public Works, andtthe
Acting Clerk were also present .
The Chairman discussed the date for the second
meeting in September with the Board. The next regular Meeting
meeting is to be held on September 2, and the following date
week being Labor Day week, it was voted to hold the
next meeting on Monday, the fourteenth of Septe.nber.
Mr. Legro stated he wished to speak on the matter
of the sewer betterment assessment levied against the Abatement
Reorganized Church of Jesus Christ of Latter Day Saints. sewer
He said some time ago in 1963, sewer was installed in betterment
Percy Road and the Church was assessed on Percy Road. assessment
There is a parcel of separate lots which have been com-
bined into one. He believed the amount of the better-
ment was $650 and he felt it should be abated
Upon motion duly made and seconded, it was voted
to abate the sewer betterment assessment levied against
the Reorganized Church of Jesus Christ of Latter Day
Saints in the amount of $650.
Mr. Carroll reported on bids taken on Traffic Signals
at Worthen Road and Bedford Streets and Hill and Bedford Traffic
Streets on Monday, September 17, 1964. Signals '
There were three bidders: Municipal Signal & Supply bid
Co. , $7,624.00; R. W. LeBaron, Inc. , $7,027.00; and N. E.
Traffic Signals, Inc. , $5,980.00.
Mr. Carroll stated he had checked and found out
they had done considerable work and that they are an
acceptable bidder . On this basis, Mr. Carroll recom-
mended that the bid be awarded to N. E. Traffic Signals,
Inc. , at the bid price of $5,980.00.
Upon motion duly made and seconded, it was voted
to award the contract to N. E. Traffic Signals, Inc. ,
at their bid price of $5,980.00.
Mr. Carroll reported that he wa taking bids on Sewer bids
the third and last sewer contract on Tuesday, September 8,
at 4 P.M.
c„R`
Mr. Carroll presented a plan for extending the
water main on the Frontage Road 775 feet, and he
figured 885 feet. He stated he had figured some
Water main costs and had three proposals to offer, which he
Spring St. outlined to the Board on the plan.
On proposal #3, if the Town and Cabot, Cabot &
Forbes share one half of the cost, it will amount to
$8,407.50. He stated he feels definitely that enough
money should be appropriated to go the entire length.
Mr. Cataldo said if Ehn #3 didn't go through, to
take plan #2.
Mr. Carroll feels the whole way is a better way
to do it.
Mr.Legro was in agreement and the Board took the
matter under advisement .
Mr. Carroll presented a report on the closing of
the dump and the opening of Hartwell Avenue on September
Dump 20. He stated that the dump will be filled by then. The
biggest recommendation is the new closing on Sundays
Mr. Carroll wanted peripission to place ads in the
September 10 and September 17 issues of the Lexington
Minute-man to give residents notice of the change.
Mr. Carroll spoke of Housing for the Elderly.
He stated there is a piece of land over by Park Drive
' Housing which could be considered, containing a little over
for the three acres, and pointed out the location on a plan
Elderly The School Department is in favor of it He stated he
would give the information to the Housing Authority.
Memorandum of Agreement, in duplicate, for work
Chapter 90 in the Town of Lexington under Chapter 90 of the General
Agreement Laws on Waltham Street, 2200 feet, was signed by the
Board.
n Letter from the Boston Edison Company requesting
"Leave to leave to withdraw" its petition, dated June 12, 1964,
withdraw" to install conduit , manhole and pole connection on Lowell
request and Summer Street, was read by the Chairman.
Upon motion duly made and seconded, it was voted
to grant the request.
The Chairman read a letter from Mrs. Anna M. Gardner,
Drainage 342 Waltham Street, relative to the drainage problem on
Wachusett Dr. Wachusett Drive.
Mr. Carroll stated it is a bad condition but felt
a catchbasin was not the answer, that it would take
pretty extensive drainage, a large grate across the
349
intersection, as there is no place the water is channelled
He stated it would cost thousands of dollars.
Mr. Sheldon asked if the condition would be elimi-
natedif the street were accepted.
The Chairman asked if Wachusett Drive were finished,
would it create a traffic hazard
Mr. Burnell said the residents were not interested
in having the street accepted, but it is almost impossible
to get up there . He asked if the street were accepted,
would it be built all the way to Fair Oaks
Mr. Carrollreplied it could be built to the last
paved portion; that they could construct any part of it.
Mr. Burnell asked if it would be a traffic hazard
if it were constructed, coming out of the woods so near
a major intersection.
The Board decided to write Mrs. Gardner that until
such time as Wachusett Drive is accepted as a public way,
the only alternative is sanding of the street in winter
and sweeping in the summer.
Mr. Pratt, Boston Edison Company, met with the Board
at 8:00 P.M. Mr. Dunn, New England 'N.ephone and Tele- JO poles
graph Company, also came into the meeting. Worthen
Mr. Pratt referred to the poles on Worthen Road to Road
feed the new Battle Green Apartments, a hearing for which
would be held later. He stated that the Boston Edison
Company and the New England Telephone and Telegraph Com-
pany had been held up, and the apartments had people
coming in on September 1, and they need the mtilities,
and Mr. Carroll recommends it. He stated Mr. Dunn is
here for the same question, as they are joint poles .
Upon motion duly made and seconded, it was voted
to grant their request.
Mr. Dunn, New England Telephone and Telegraph Company,
referred to the hearing held on July 13, 1964 for the lo-
cation of one pole on Rawson Avenue: northeasterly side,
approximately 117 feet northwest of RindLe Avenue.
At that hearing Mr. Joseph Vitale opposed the location.
Mr. Dunn reported that he had been to see Mr. Vitale
to see if they could satisfy him as he seemed to think he Pole
would be agreeable to them using the Edison stub pole. location
Mr. Dunn went earlier this evening to see him and now
Mr. Vitale doesn't want a pole at all, and the pole is
necessary. They have not been able to resolve the problem.
Mr. Dunn stated if the Board would table the petition for
a week or so, they might be able to reach a solution
Mr. Cataldo offered to go down and see what could
be done .
Mr. Dunn asked to have the petition tabled for a
week and the New England Telephone Company and the Boston
Edison Company would be working on it as well.
r
2/
The Chairman read a letter from C. Russell Smallman,
31 Glen Road Extension, relative to it being made "One
Way" .
Mr. Carroll stated the Town should not become in-
volved with this matter at all, that it is a private
way and the residents have sole control of it
It was agreed to write to Mr . Smallman stating
that Glen Road Extension is a private way and as such,
does not come under the Town as far as traffic control
is concerned.
Letter from residents of Golden Avenue relative
to the condition of Golden Avenue was read by the
Chairman
Mr. Carroll stated he had been contacted previously;
that this street abuts Arlington, and he thought possibly
Golden the Board might contact the Arlington Board of Selectmen
Avenue and work out something to make the proulem easier
Mr. Sheldon suggested that this matter be referred
to Mr. Gray.
The Chairman read a letter from Harvey W. Newgent
relative to tax title lots #41, #55 and #56 on Wood
Tax title Street opposite Patriots Forest .
lots Upon motion duly made and seconded, it was voted
to refer this matter to the Planning Board for its11
consideration
Letter from the Commonwealth of Massachusetts,
Water Department of Public Works, relative to the proposed
Spring St water system on Spring Street, was read by the Chairman
No action was taken, and the letter was placed on
file.
The Chairman read a letter from Miss Florence
Armstrong, 34. Summer Street, offering Two Hundred
Dollars ($200.00) for the purchase of a strip of land
Tax title located between Lots 1 and 2 (#31} and #28 Summer St. )
lots and #34 is shown on Town Plan as Lot 2.
Upon motion duly made and seconded, it was voted
to refer this letter to the Planning Board
Request from Mr. Vincent N, Bellizia, Conservator
for John A. Bellizia, relative to water bill in the
amount of $241.01 used at the Pine Meadows Country Club
during the period ending April 16, 1964 , requesting
abatement, was received
Mr. Carroll stated there was no negligence on the
part of the Town as they were notified as soon as the
Twwn was aware there was a leak.
351
Upon motion duly made and seconded, it was voted
to inform Mr. Bellizia that due to the fact there was Abatement
no negligence on the part of the Town, it having notified
them as soon as it was aware of the leak, the Board feels
that no abatement is due,
Petition from residents of Chadbourne Road with
reference to a sign to be erected signifying that it Street
is a "deadend" street, was read by the Chairman. sign
Mr. Carroll stated that a sign would be erected.
Letter from Mrs George P. Morey, 90 North Hancock
Street, relative to the meeting of the "Human Relations Human
Study Group", authorized by the Board on August 10, to Relations
organize, was read by the Chairman. meetibg
She stated Mr. Norman Richards was elected Chairman
and Mrs. George P. Morey, Secretary.
The group will be meeting again on August 26.
The letter was placed on file.
Letter from Mr. William R. Whalon, on behalf of
the residents of Benjamin Road, requesting permission Square
to hold a square dance on a portion of Benjamin Road Dance
on Saturday night, August 29, 1964, between the hours
of seven and twelve P.M was read by the Chairman.
The Board had no objection and the request was
granted.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on August 10, 1964, as read.
Upon motion duly made and seconded, it was voted
to certify the character of Horace M. Besecker, Jr. , Cert. of
8 Eastern Avenue, satisfactory character references Inc.
having been received from the Chief of Police.
Applications for uses of Cary Hall by the Cary
Lecture Committee, were read by the Chairman.
Upon motion duly made and seconded, it was voted Cars Hall
to grant permission to the Cary Lecture Committee for rentals
use of Cary Hall on Friday, October 16, 1964, and on
Friday, November 27, 1964, from 8:00 P.M. until 10:00
P.M. free of charge; but a charge will be made for
janitor's overtime services at a fee of $3.46 per hour.
Upon motion duly made and seconded, it was voted
to grant the following licenses: Licenses
Lexington Theatre 1794 Mass. Avenue Theatre
IS It
Douglas Bruce McDowell 53 Simonds Road Sunday moviesTaxi Driver
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sem.
Q'2
Letter from the Stanley Hill Post #38, Inc. , The
American Legion, requesting permission to conduct an
auction Sale at Post Quarters, 3 Fletcher Avenue, on
Auction Saturday, September 19, 1964, at 2:00 P.M. , was read
by the Chairman.
The Board had no objection and it was voted to
grant their request .
Upon motion duly made and seconded, it was voted
to grant the following pole and conduit locations, all
having been approved by Mr. Robert Higgins, Assistant
Town Engineer
Adams Street, southeasterly side, approximately 115 feet
sout hwest of Meriam Street, --
One (1) pole.
(One existing JO pole to be removed. )
Pole & Brown Road, easterly from a point approximately 26 feet
Conduit east of Burnham Roadm --
locations Five (5) poles.
Burroughs Road, southeasterly from a point approximately
155 feet southeast of Thoreau Road, --
Fifteen (15) poles.
Lowell Street, southwesterly side, northwesterly from a
point approximately 20 feet northwest of
Woburn Street, --
Five (5) poles.
(Five existing JO poles to be removed )
Todd Road, southeasterly from Grant Street, a distance of
about 795 feet- conduit .
Saddle Club Road, southeasterly from Grant Street, a
distance of about 1045 feet - Conduit
Bowser Road, northeasterly from Todd Road to Saddle Club
Road a distance of about 1000 feet - Conduit
At 8:30 P.M. , Mr. Ernest Outhet met with the Board
relative to a subdivision on Marrett Road.
Outhet Mr. Outhet stated this is a small subdivision.
subdivision Mr. Carroll stated this property can be severed by
a lateral from Follen Road, profile by Miller & Nylander,
which he showed to the Board; a subdivision similar to
one of Mark Moires. He stated there is no sewer at the
end of the subdivision and the Town would have to extend
the main on Marrett Road. He said if money is available
from this ear 's budget , it can be used, or if not, the
y g .
II
Board could recommend that money be appropriated next year,
approximately $11,000.
Mr. Cole asked if the Town should do this, and Mr.
Carroll replied that the Town will receive a small amount
in betterments and Mr. Outhet will pay for the cost of the
sewer in this subdivision, and it will be done once and
for all
Mr. Outhet stated there will be six lots in there;
it is just preliminary, that he might start this fall.
Mr. Carroll stated there would not be any sewer in
there until next summer, and Mr Outhet stated it will
be two or three months before it goes through the Plan-
ning Board.
Mr. Cole stated if we have the money, the Town will
go ahead; if not, the Board will recommend it to Town
Meeting.
Mr. Carroll stated if they have the money, he will
add it to the last contract.
Upon motion duly made and seconded, the Board so
voted
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 reputaticn
of any person.
Following discussion cf the Christian Brothers High
School and a complaint received by the Police Department,
it was voted to resume the open meeting.
Mr . Legro, Town Counsel, referred to the Moreland
Avenue School property. The question he brought up was
of sufficient area to avoid putting in an access driveway.
He stated this land is land of the Town that was acquired Moreland
from the Tower Trust, and the question is whether it is Avenue
legally feasible to do this. The acquisition was made School
for playground, street and sewer purposes, using a 100-foot
strip as an extension of Philip Road. Mr. Legro feels
this could be done properly, if the Board wishes to_*i just
by authorization. He stated at some time this might
become unnecessary when Worthen Road is laid out .
Mr. Jules Sussman, members of the Recreation Committee,
Mr. Paul Mazerall met with the Boad relative to the
Harrison land on North Street and the Old Reservoir Site . Harrison
Mr. Sussman, being spokesman for the Conservation land
Commission, stated that Mr. Smith met with Mr. Harrison
during the past week, showed him the appraisal and asked
Te. Cbeirman stated that two jurors would be drawn
and the following individuals were drawn for jury duty.: Jurors
Theodo 'e Roberts, 356 Marrett Road ;Clinton M. Roth, Jr. ,
6 Blinn Road.
3 54
da,
him to reconsider the price Mr. Harrison called him
the following afternoon and reduced his price from
$3,500 to $3,000, which he said is final The appraisal
was $400 an acre, $2,000 for five acres. The Commission,
just before coming to the meeting, moved to recommend to
the Selectmen that this be purchased and that the Selectmen
put an article in the Warrant for the purchase The forms
will then be sent into the State for approval. The ap-
praisal was made on the value of house lots, and they feel
it is worth the price as an addition to Willard' s Woods,
and the Commission is in favor of it.
Mr. Cataldo asked if the State had appraised it, and
Mr. Sussman replied in the negative, but stated they will
as soon as the forms are sent in.
Mr. Brown asked if this would be definite if the
State comes back with an appraisal of $2,000. He stated
that the Board would approve it subject to the approval
by the State.
Mr. Cataldo questioned paying over 10%.
Mr. Sheldon stated it depends on how much something
is wanted, that an appraisal is helpful
Mr. Cataldo stated he was not in favor of buying
the land with the appraisal the Board has .
Mr. Cole stated Mr. Berglund appraised the land
at $400 an acre, and asked if it was possible to have
it developed for house lots
Mr. Sussman replied in the negative and stated if
the land directly behind him should be developed, then
entrance could be made through that land providing there
was a street
Mr. Cataldo stated that this appraisal was high
Mr. Cole asked if the Conservation Commission was
convinced this was a final figure, and Mr. Sussman replied
in the affirmative and stated that if they push Mr.
Harrison further, the land will disappear off the market
and in two, three or five years, it would come up for
more money
The Chairman stated the Board is unanimously in
favor of purchasing the land, the only question is the
price. He stated there is some justification for Mr
Cataldo' s approach to it. He asked if Mr. Sussman
thought it helped or hindered the cause to show Mr.
Harrison the appraisal
Mr. Sussman stated this particular piece of land
is ideal for an arboretum, science park.
Mr. Mazerall was a.ked to speak and he stated it
would give the Town more skating in the winter with
part of the pond included.
The question was asked how much was paid for
Willard' s Woods, and the answer was $60,000.
;
0. 3 .
II Mr.
Aiden Ripley stated if this land was acquired,
it would control one small waterway and this might be
able as the years go by.
Mr. Burnell asked if the Town could get an option
to buy, have it in detail. He stated he was in favor
of buying it as cheaply as possible.
Mr. Brown inquired as to the price of an outside
appraisal survey, and the reply was that it would cost
around $500.00.
Mr. Carroll suggested that the land be acquired
by deed, and later on the Town's Engineering Department
could do the work
Upon motion duly made and seconded, it was voted
that the Board of Selectmen recommends the purchase of
a certain parcel of land, known as the Harrison land
on North Street adjacent to Willard' s Woods, containing
five acres, more or less, subject to the condition that
the seller shall survey the land and further-, that there
shall be State participation
Mr. Cataldo was recorded in opposition.
Mr. Sussman referred to the 'Old Res" site
After much discussion relative tothe feasibility
of the four major ponds for a swimming pole, the "Old
Res" lends itself the most desirable. The Commission
made this resolution That Mr. Cortell be retained for
$1,000 to establish the feasibility of this being a "Old Res"
swimming hole. This would be an ideal swimming hole Site
for three to five hiendred people, Mr. Sussman stated.
Mr. Jason M. Cortell is a biologist who would
make a study of the weed growth, bacteria, etc .
Mr. Vincent Hayes, Chairman of the Recreation
Committee, stated that the Recreation Committee would
like to make sure once this is open it will be open
all season, and asked if there were three to five
hundred people , would it become contaminated If their
Committee could get a clean bill cf health, they would
be glad to go into it, and he felt they could get the
$1,000.
Upon motion drily made and seconded, it was voted
that an article, sponsored by the Recreation Committee,
would be inserted in the Warrant for the Annual Town
Meeting after due consideration by the Board of Health
The group retired at 9:55 P.M.
The meeting adjourned at 10:00 P.M.
A true record, Attest
Acting Clerk, Selectmen
air J(3 t
SELECTMEN 'S MEETING
September 2, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Wednesday, September 2, 1964, at 7:30 P.M. Chairman
Cole , Messrs. Brown, 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. Burnell
arrived after the meeting opened and retired before the
meeting adjourned
Mr. James J. Carroll, Town Clerk, met with the Board
for the drawing of four jurors . The following individuals
Jurors were drawn for jury duty: Merrill A. Furbush, 24 Fiske
Road, Philip C. Vincello, 14 Boulder Road, Louis F. Hallowell,
38 Greenwood Street, and Framcis Lee, 35 Highland Avenme
Mr. Carroll retired
Hearing was declared open upon petition c;f the New
England Telephone and Telegraph Company for permission
Conduit to locate approximately sixty-five feet of underground
location conduit in Worthen Road.
Mr. Robert Dunn, representing the petitioner, was
the only person present at the hearing
Notices of the hearing were mailed to the petitioner,
owners of the property as listed on the petitioner ' s plan
and also filed with the Superintendent of Public Works.
Mr. Dunn explained this petition was submitted last
week and an informal conference was held because the
people want the service
Mr Carroll reported that Mr. Reuben Seth said he
could not be prese t at the hearing, but was not op-
posed
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 underground
conduit location
Worthen Road: From a point 542' feet southerly from
Bedford Street, from Pole 345/6 easterly,
approximately 65' feet of underground
conduit
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company and the Boston
Edison Company for permission to locate on pole on
35
Robinson Road.
Mr. Robert Duhn, representing the New England Tele-
phone and Telegraph Company, and Mr. Serverson, repre- Pole
senting the Boston Edison Company, were the only persons location
present at the hearing
Notices of the hearing were mailed to tae petitioners,
owners of the property as listed on the petitioners ' plan
and also filed with the Superintendent of Public Works
Mr. Serverson explained that because of the widening
of Route 128, Robinson Road will be swung around and they
have to move the pole and locate it on the edge of the road
14 where it belongs .
Mr. Cataldo asked if the location would be permanent
and Mr. Serverson replied in the affirmative.
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 location:
Robinson Road, southerly side, approximately 100 feet
east of Grove Street, --
One (1) pole
Robinson Road, northerly side, approximately 285 feet
east of Grove Street, --
One (1) pole
(One existing JO pole to be removed. )
Hearing was declared open upon petition of the Boston
Edison Company fcr permission to locate a manhole and
underground conduit on Lowell and Summer Streets Manhole an
Mr. Serverson, representing the petitioner, was the conduit
only person present at the hearing.
Notices of the hearing were mailed to the petitioner,
owners of the property as listed on the petitioner 's plan
and also filed with the Superintendent of Public Works.
Mr. Carroll stated that the proposed locations were
satisfactory to him
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 manhole and underground
conduit locations
Lowell Street, approximately 145 feet southeast of
Summer Strec,t, a distance of about 10 feet -
manhole .
Lowell Street, southeasterly from Summer Street , a
distance of about 430 feet - conduit
Summer Street, at Lowell Street, a distance of about
50 feet - conduit
The Chairman referred to a public hearing held July 13
relative to petition for a j/o pole location on Rawson
Avenue and reported that Mr. Cataldo had discussed the
matter with Mr. Vitale who had registered opposition .
Mr Cataldo recommended approving the location subject
to it being a guy pole, the height to be kept to the height
Pole of the trees
location Upon motion duly made and seconded, it was voted
to grant the petition and dign the order for the following
j/o pole location:
Rawson Avenue, northeasterly side, approximately 117 feet
northwest of Rindge Avenue, --
One (1) pole
Messrs Dunn and Serverson retired
Mr. Carroll referred to Cabot , Cabot & Forbes and a
water problem on the Frontage Road. He stated the problem
centered around their problem of getting water to Burroughs
temporarily while the proposed 8" water main was to be
built by the contractor working for the State on Route 2.
He reported that a meeting was held today with officials
from the State Department of Public Works, and a repre-
sentative, Mr. Currie, of Cabot , Cabot & Forbes. Mr. Currie
will recommend to his company that it pay one-half of the
cost of the 8" main in the Frontage Road, but that would
have to be subject to the approval of Mr. McArthur, repre-
senting Countrywide. In order for Cabot, Cabot & Forbes
to go along paying one-half, they will have to provide
temporary service to Burroughs. He said it would be ex-
pensive to Cabot, Cabot & Forbes, but they are willing
to go along, but they do not know if Mr. McArthur of
Countrywide would want a service larger than two inches
on a temporary basis . One hundred percent approval was
withheld until some word was received from McArthur. The
State Department of Public Works in the meantime is ready
to advertise the job. They see no reason why they can 't
include the 8" main in the project, but they would like a
letter from the Town as soon as possible telling them to
put it in the plans. He suggested that the Board, upon
receipt of a letter from Cabot, Cabot & Forbes agreeing
to pay one half of the cost, send a letter to the State
asking that this be included in the plans and specifications.
Mr. Cataldo asked if the Town had funds available.
Mr. Carroll replied in the negative and said the
Board should tell the State that funds will have to be
requested at a fall Town Meeting. He said they would
have to depend on the Town Meeting.
Upon motion duly made and seconded, it was voted
to request the State Department of Public Works to include
6
the Frontage Road 8" water main in the plans and specifi-
cations for Route 2 work
Mr. Car- oll referred to opening the enclosed field
fence and reported that the School Departzpent would like Opening in
an opening where the field house exit ramp now comes out enclosed
so the football players will not have to cut across the field fence
grass He said if there is to be an opening in the fence,
there should be a gate.
The Board felt that a gate would be practical, and
upon motion duly made and seconded, authorized Mr. Carroll
to have a gate installed in the opening.
Mr. Carroll said he would like the Board to authorize
a taking. He presented a plan and indicated the proposed
location of the Semonian drain from Lowell Sureet to Ridge
Road He reported that his department has met with Messrs
Semonian, Sherman and Cataldo and the plan is agreeable to
all three. They all agreed that the drain should be in-
stalled but none of them are willing to give the Town an
easement .
The Chairman asked if they would take it and settle
afterwards
Mr. Carroll replied in the affirmative.
Upon motion duly made and seconded, it was voted
to authorize a taking be made for drainage purposes
Mr. Carroll asked if the Board wanted to discuss the
dump report
The Chairman stated that he did not have an opportunity
to read it
Mr. Sheldon said he read it and the only controversial
matter is the Sunday closing Dump
Mr. Cataldo said he was in favor of closing Sundays.
Mr. Sheldon asked if the regulations could be changed
if the Sunday closing was tried and the Board was stormed
with protests
Mr. Carroll replied in the affirmative.
Mr. Burnell asked why the dump should be closed on
Sundays
Mr Carroll replied that one of the major problems
is the people in the area He said he thought they de-
serve one day's rest from cars He said he thought the
whole problem of people saying they had to have that day
to dump was because they only had that day off. Now
practically everyone has Saturdays off and they usually
find their way to the dump He said most places do not
open the dumps on Sundays , and in Winchester, where they
have an incinerator, it is closed on Sundays.
Mr. Burnell asked if the Town would be set up on a
traffic pattern so this can all go in on one day. He
0
e
asked if the Town could take care of the traffic
Mr. Carroll replied in the affirmative.
Mr. Cataldo said he thought it could be controlled
better in this area than it could on Lincoln Street . He
said the problem would be on the 4:30 traffic on weekdays .
Mr. Brown reported that many people from Bedford are
using the Lexington dump because Bedford closes Sundays .
Mr. Carroll said he did feel that the people in the
east end of Town, six miles away, will find some other
way of getting their rubbish to the dump. He stated
that more and more people are using private collection
and he felt there would be requests for public collection
regardless of what is done about Sundays. He stated that
Sunday closing also mages it easier for him to schedule
the operation of the dump.
Mr. Sheldon recommended locking the dump on Sundays
so that what has been said about Bedford dumping could
be stopped.
Mr. Burnell asked if there would be any connection be-
tween closing the dump on Sundays of forcing the Town into
a collection system operated by the Town, and if the Board
wanted to force the Town into this situation
Mr. Carroll replied that he did not think closing on
Sundays would force the Town into that and he thought the
people in Town would continue to go to the dump.
Mr Sheldon suggested that the proposed closing on
Sundays be tried.
Mr. Brown asked what would be done with the occasional
individual who would go up there on Sunday and dump on the
Cabot, Cabot & Forbes ' land
Mr. Carroll replied that happens now but this type of
problem la=sts only a little while . He said the Board
could always have the police spot check the area.
Upon motion duly made and seconded, it was voted
to adopt the dump rules and regulations providing for
Sunday closing as follows:
RECOMMENDED RULES AND RLGULATIONS GOVERNING OPERATION OF
HARTWELL AVENUE SANITARY LAND FILL
Pursuant to the power conferred on the Board of Select-
men by the General By-Laws of the Town, and every other power
them in any way enabling, the Board of Selectmen of the Town
of Lexington hereby adopts the following rules and regulations
governing the operation of the Sanitary Land Fill situated on
Hartwell Avenue in Lexington
l. ) The land fill shall be open daily, except Sunday,
between the hours of 8:00 A.M. and 8:00 P.M. during the
period of the year from the beginning of Eastern Laylight
3 61.
Saving Time to September 30th and between the hours of 8:00
A.M. and 5:00 P.M. during the remainder of the year, and
the placing or depositing of any material in or about the
land fill, except during the aforesaid hours, is prohibited
No person unless expressly auth(.rized by the Superintendent
of Public Works, is permitted within the land fill during
the hours that it is closed
2. ) The lighting of any fire in the land fill or the
placing of any combustible material on any fire that may
be burning in the land fill is expressly prohibited except
that the burning of diseased elms under the supervision of
the Superintendent of Public Works is permitted.
3. ) Material is to be placed or deposited in accord-
ance with any directions that may be given by the person
in charge at the Sanitary Land Fill and no material is to
be placed or deposited by any person in any portion of the
land fill that may be marred with signs indicating that
dumping in those areas is not permitted
14. ) No garbage, offal or offensive material shall be
placed or deposited in or about the sanitary land fill.
5. ) The land fill is maintained for the deposit of
ashes, cinders, papers and other rubbish and- refuse origi-
nating within the Town of Lexington:, and the dumping or
depositing therein of any material originating outside
of the Town of Lexington is prohibited.
6. ) Picking the Sanitary Land Fill., or removing from
the Sanitary Land Fill, any material that has been placed
or deposited therein is prohibited.
7. ) The Sanitary Land Fill shall be closed on the
following days :
All Sundays except those Sundays which follow
a legal holiday which falls on a Saturday.
Also on the following holidays New Year ' s,
Easter Sunday, April 19, May 30, July 4, Labor Day,
Veterans' Day, Thanksgiving Day and Christmas Day.
8. ) Permits
1. ) $25.00 for a yearly permit for commercial vehicles
engaged in the commercial collection of rubbish origi-
nating in Lexington This permit will be valid only
362
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cn
Cr
in the calendar year for which it is issued and may
be obtained from the Board of Selectmen upon written
application.
2. ) $1.00 for a yearly permit for commercial vehicles
not engaged in the commercial collection of rubbish;,
and which are garaged in Lexington. This permit will
be valid only in the calendar year for which it is
issued and may be obtained from the Board of Selectmen
upon written application.
3. ) $2.00 for a daily permit This permit will be
valid during the whole of the day for which it is
issued and may be obtained from the Superintendent
of Public Works.
9 ) The penalty for violation of these rules and regu-
lations is a fine not exceeding $20.00 for eac}j. offense
The Chairman said that on September 7 and 16, the
holidays of the Jewish faith would be observed. Temple
Isaiah on Lincoln Street has a parking problem and he
asked if it would be possible to have the dump open for
parking to keep the cars off Lincoln Street
Mr. Burnell asked if there was an obligation on the
Board' s part to provide for safety
Mr. Carroll pointed out that people will be driving
in to the dump.
The Chairman said the use of the dump for parking
would be from 9 30 A.M until 12 00 noon
Mr. Carroll said he would have no objection if the
Temple hired a police officer
The Chairman said that on September 16, Wednesday,
the dump would be open and he asked if it would be possi-
ble to reserve a section
Mr. Cataldo asked about the Town' s liability.
Mr. Legro said the question is what claims the Town
may get.
Mr. Brown said the Town carries liability insurance
on it for the operation of a dump.
Mr. Legro said he thought this was just as bad
practice as the horse show, which he opposed
The Chairman said there would be parking on both
sides of the street The Board can restrict the park-
ing to one side and allow them to use the dump providing
they hire one of the Police Officers to enforce bo dumping.
Mr. Burnell asked if there would be a safety arrange-
ment so they would assign some of their members to enforce
v363�_ 7M�•S
safety and n( t let people go in there and park as they will,
but have someone to guide the parking
Mr. Cataldo suggested that the passengers in the
cars be let out at the Temple and only the driver go into
the dump to park the car.
The Board was agreeable to allowing the Temple to
use the dump for parking on September 7 and September 16
from 9:30 A.M. until 12:00 noon at its own risk, provided
the Temple provides police protection from the Lexington
Police Department to prevent dumping and the Police Of-
ficer to enforce orderly parking, and further provided that
the drivers of cars will discharge passengers at the Temple
and then park the cars .
Mr.Brown sugge ted that Mr. Gray have the insurance Dump
coverage on the dump on Lincoln Street transferred to the
new dump location on Hartwell Avenue
Mr. Carroll suggested that on September 21 dumping
hours be established from 8:00 A.M. until 5:00 P.M. The
Board had no objection .
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen 's Meeting held Minutes
August 2L..
At 8:00 P.M , Messrs. Fisher, Page, Hayes, Bertini,
Abell and Snow met with the Board.
The Chairman stated that the purpose of the joint
meeting was to view the final plans Mr. Snow has prepared
for approval.
Mr. Snow submitted the general site plans and ex-
plained them to the group, pointing out one or two ob-
jections to the plan previously submitted. He made the
statement that this was the ultimate plan for this scheme
He presented and exrlained a stage One drawing of what
would be done immediately without disturbing anything
Mr. Abell stated the first thing to be considered is
baseball fields and he expressed his views as to the number
of fields and locations.
The Chairman stated that the plan presented this even-
ing is the ultimate plan and as he understood it , all
parties are agreed that any disagreements are of a tempo-
rary natuLe and can be worked out on the field itself.
Mr. Carroll said if everyone has agreed to the final
plan, some thought will have to be given about ikimlementing
it. He said he has ideas of what should be done fist
and the School Com attee may have some ideas . He suggested
that the School Committee nepd' the Board its recommendations
of what should be done next year.
The Chairman said that , for the record, this final plan
is approved, and there were no dissensions.
364
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Upon motion duly made and seconded, it was voted
to approve the final plan as submitted and viewed this
evening, and to have all parties meet and resolve any
difficulties on their own time
The group retired at 8:40 P.M
Mr. Carroll said he assumed the Board does not want
to take the time to discuss sidewalks this evening, bat
he would like the Board to 1 ok at the budget books
He said he has a total of $1+0,000 and he is going to do
Concord Aven.:e from Station WCOP to W ltham Street He
reported that this will be a very, very difficult side-
Sidewalks walk to construct It will be on the Roue 2 side from
WCOP to Blossom Street but he has not decided on the
portion from Blossom Street to Waltham Street He ad-*
Saida he would like to award the contract this year
The Chairman said he understood that the construction
was to start at Waltham Street and go as far as available
funds would permit and he recalled a figure of $20,000.
He asked if the Board hadn't agreed to go as far as
Pleasant Street
Mr. Cmtaldo replied in the negative and said he thought
the entire length should be done .
Mr . Sneldon sked if the e were sufficient funds avail-
able in the budget, including carryovers, to do the entire
length
Mr . Carroll replied in the affirmative
Mr. Carroll said the people on Dewey Road had been
told a sidewalk would be constructed on that road
He asked if the Board wanted to leave it that he
would do Dewey Road, three or four betterment sidewalks,
and Concord tivenue.
The Chairman mentioned to Mr. Carroll that the resi-
dent at 203 Concord Avenue spoke to him and he thought it
might be prudent for Mr. Carroll to contact him
Upon motion duly made and seconded, it was voted
to construct the Dewey Road sidewalk, three or four better-
ment sidewalks, and a sidewalk in Concord Avenue from
radio station WCOP to Waltham Street
Mr. Carroll presented a plan of Cary Acres, Section
One, and referred particul^rly to Fairbanks Road and
Tufts Road. He reported that when the sewer wa built
in Tufts Ro , it came from Tufts Rona and was supposed
to end at a point at the end of the subdivision, which he
Sewer indicated on the plan. He explained that the developer
extended the sewer, and he pointed out the route of the
sewer along lot 119, which is not lot 319, and connected
the houses on Fairbanks Road, Lot 358 and lot 357 to this
sewer without the Town knowing anything about the connection
# '
vised the Board this would cost, roughly, $30,000.
365
1 In addition to installing this sewer illegally, the developer
was supposed to install a drain along lot 319 down the easer
ment on the northerly side of lot 315. Ins`aad of doing
that, he ran the drain In an angle so the Town does not
have an easement for this drain He stated this all goes
back to 1956 .
Mr. Brown reported that both occupants purchased
the properties in good faith and thought they were con-
ne'-ted to the sewer, bort the Town has no easement for
that sewer line
Mr. Carroll said he has been trying to get Spinelli,
the contractor, to dig up the sewer so he could inspect
it He advised the owners of lots 357 and 358 that the
sewer was not properly installed
Mr. Carroll reported th t Mr. Stevens asked Carl
Hebbard, 18 Fairbanks Ro a , to grant the Town this piece
of easement at no expense to the Town. Mr. Ferguson
16 Fairbanks Road , is now having trouble with the sewer
and as far as the Town is concerned, Mr. Carroll does not
want to have anything to do with it He said he could
either relay the sewer or construct a sewer in Fairbanks
Road and assess betterments . He explained it was Mr.
Stevens ' feeling that there is no reason why the Town
would not assess a betterment against Mr. Ferguson However,
he felt a betterment could not be assessed against Mr. Heboard
because the sewer was brought up to the corner of his lot
Mr. Brown said both these people purchased the property
in good faith with sewer connections
The Chairman said they acquired it from the developer.
Mr. Brown said Mr Carroll thought the Board could
get Mr. Spinelli to cooperate
The Chairman said Town Counsel would be involved
in this .
It was agreed to have Mr Carroll contact Spinelli,
the developer, andreport back to the Board.
Mr. Brown said Mr. He bard would grant an easement
if he can continue to use the sewer and if he will riot
be charged a betterment on the Feirbanws Ro d sew( r
Mr. Legro asked if the Board wes inclined to stipu-
late that it will not make a betterment charge on I.1r
Hebbard ' s lot for the sewer on Fairbanks Road
The Chairman replied in the affirmative
p
Mr. Legro reported that he had reviewed the contract
with the New England Traffic Signals Inc and the insurance
certificate is inaccurate and there is no bond. Sinne *
he recommended that the contract be signed , all copies
to be held by him
Upon motion duly made and seconded, it was voted
to sign the contract between the Town and the New England
the Board will not be meeting again until September 14,
366 x
Cr
Traffic Signals Inc . , subject to conditions being met
by the contractor to the approval of Town Counsel
11
The Chairman said there are items on the agenda
with a "C" beside them which ould, rather than be prat
on the agenda, be assigned to the department involved
Agenda The Board could then have a letter from the department
involved He suggested th-t, in the future, the Execu-
tive Assistant and Executive Clerk go over tnese letters
involving other departments and refer them to the proper
department It was also suggested th,t a memo of the
communications so referred be noted at the end of the
agenda.
The Chairman read a letter from A. John Esserian,
107 Burlington Street, who owns six acres of land at
the point where Grandview Avenue stops from its begin-
Grandview ning on School Street, stating that he endorses Mr.
Avenue Eriekson' s request to provide improvements on Grandview
hvenue and to have it accepted as a town way under the
Betterment Act
The Chairman read a letter from John W. Porter,
465 Lowell Street, requesting deferment of a sidewdk
betterment assessment, his property being used for
agricultural purposes .
Upon motion duly made and seconded, it was voted
Deferment to extend the time for payment, under the provisions of
of better- Chapter 159 of the Acts of 1950, the sidewalk betterment
ment assessment levied agaihst property of John W. Porter in
the amount of $243.05, without interest, until the land
or any part thereof is built upon or sold or until the
expiration of three years from the date hereof, whichever
event occurs first .
The Chairman read a letter from Gladys E. Rix,
12 Melrose Avenue, to which w s attached a signed peti-
Melrose tion for the acceptance of Melrose Avenue .
Avenue The Chairman said this would be considered in the
1965 budget
The Chairman read a letter from James 0. P=ialcolm,
1 Hilltop l+v nue, requesting permission to dump fill
from his lot which is being landscaped onto a lot owned
Dumping fill by the Town and located on Kendall Road
Mr Carroll reported thPt Mr. Malcolm came in to
see him and he intended to look et the lot He said
putting fill on the lot could cause a dust problem.
It was agreed that Mr. Carroll would investigate
and present his recom. end tion to the Board at its
next meeting u '
“7
Notice was received from the County Commissioners
pertaining to a hearing on loednesday, September 23, for Chapter 90
discussion of matters pertaining to public roads
Mr. Carroll said he has recommendations in his mind
and f6r Cha ter 90, he recommended extending Elssechusetts
Avenue from Marrett Road to Lexington Center
The Chairman asked if Mr. Carroll was prepared to
attend the hearing, and he replied in the affirmative as
long as the Board agrees
The Chairman read a letter from David W Colman,
64 Asbury Street, recueeting a street light Street
Mr . Carroll reported that he hascrdered the light. light
Request from Mrs . Nelvin W. Tracey for a "Go Slow
Children” si -n at each entre ce to the development known Traffic
as the Grove, was referred to the Traffic Study Committee
Letter was received from the School Committee, a
copy of which was sent to each member of the Bo -rd, rela-
tive to the acquisition of five adcitional school sites . Schools
The Chairman said the School Sites Committee has
met with Dr. Fobert
11Mr . Gray reported that there was a meeting and he
thought there would be a joint release regarding that
meeting
Upon motion duly made and seconded, it was voted "Package
to authorize the "Peckage Goods " Stores to remain open Goods"
during polling hours on State Primaries Day, September 10, Stores
1964
Upon motion duly made and seconded, it we voted
to grant the followi g uses of halls :
Uses of
Mystic Vuiley Mental Health ssin. Conference Room halls
Temple Emunah Cary Hall
Lex. Field & Garden Estabrook Hall
Lex. Historical Society Estabrook Hall
Mr Gray leed a letter from tne Lexington Historical
Society, requesting that the old cannon, formerly lo-
cated on the Common and now in the rear of the Public Cannon
Works Building, be given to the Society.
Upon motion duly made end seconded, it was voted
to grant the request
Upon motion duly made end seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating or voting on matters, which, if
3 8
made public, might adversely affect the public security, ,
the fin ncial inter- st of the Town, or the reputation of
any person
Following discussion with Mr Adams of a matter per-
taining to the water department, it was voted to resume
the open meeting.
The rr eting adjourned at 9:55 P.M
A true record, Attest
/y cu ivCle k, Selec en
1\/ � v
1
36:3
31T. CTMEN'S MEETING
September 14, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, September 14, 1964, at 7:30 P.M. Messrs, $rown,
Cataldo and Sheldon were present Mr. Gray, Executive
Assistant, Mr. Higgins, Assistant Town Engineer, and
Miss Murlay, Executive Clerk, were also present .
Upon motion duly made and seconded, it was voted
to appoint Mr. Sheldon Chairman pro tem.
Hearing was declared open upon petition of the
Burroughs Corp. for permission to maintain an under-
ground tank oncSpring Street for the storage of 3,010
gallons of #2 fuel oil. (Continued later in meeting. )
Mr. Cole, Chairman, arrived at 7:53 P.M. and pro -
ceeded to conduct the meeting.
Mr. Higgins referred to bids taken last Tuesday
on Sewer Contract #3 and reported that T. D. Sullivan
& Son was the low bidder with a corrected figure of
$128,497.50. He also reported that Whitman & Howard
has checked Sullivan's equipment and financial statement Sewer
and in their opinion qualified to do the job. Mr. contract
Carroll recommended that the contract be awarded.
Upon motion duly made and seconded, it was voted
to award contract #3 for sewer construction to T. D.
Sullivan & Son at the corrected bid price of $128,497.50.
Mr. Higgins referred to a request received by the
Board from James 0. Malcolm, 1 Hilltop Avenue, for per-
mission to dump fill on a town-owned lot on Kendall Road.
He reported that Mr . Carroll recommends that the request
be denied for two reasons. It is a very low lot with Request to
low lots abutting it, and secondlyt, there are a number dump fill
of trees which would have to be cut down to enable equip-
ment to get in, and to fill around them would result in
tilling the other trees
Upon motion duly made and seconded, it was voted
to deny the request.
Mr. Higgins referred to petition received from the
Boston Edison Company and the New England Telephone and Pole lo-
Telegraph Company for permission to locate one pole on cation
Lowell Street He reported that the proposed location
tr-
is in conjunction with the reconstruction of Lowell Street
and the construction of a sidewalk.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
j/o pole location:
Lowell Street, westerly side, approximately 75 feet north of
Laconia Street, --
One pole.
(One existing j/o pole to be removed. )
Mr. Higgins referred to Mr. Spagnuolo 's appointment
with the Board at 9:00 P.M. and said Mr. Spagnuolo has
the development on Maple Street known as Ingleside. /There
are some questions in his mind as to exactly what he can
do about the removal of gravel and loam. Mr. Irwin and
Mr. Carroll want down and they were not sure exactly what
he should do. At the time, they thought he should see
the Selectmen assa starting point. Mr. Carroll checked
with Mr. Legro, own Counsel, and it was his opinion that
Mr. Spagnuolo shbuld go to the Board of Appeals rather
than to the Selectmen. No one has been able to contact
Mr. Sp _nuolo in the meantime to give this information to
him.
Mr. Sheldon started what Mr Spagnuolo wants to do
is not in accord with the Town By-Laws
Mr. Higgins said he thought the removal of part of
what he is doing is being done the way it should be done.
Mr. Cataldo mentioned that Mr. Spagnuolo is doing
no more than what was done at the Niles ' apartments and
they did not have a permit.
Mr. Higgins said it is different in a residential
area where there is a house that does not cover a whole
lot.
Mr. Cataldo said he agreed, conditions are not good
as they are.
Mr. Gray reported that Mr. Spagnuolo called him and
he advised him that this was a problem for the Board of
Appeals, but Mr. Carroll and Mr. Irwin had told him to
meet with the Board of Selectmen
The Chairman said the Board would hear him tonight
and then consult with Town Counsel.
(Continued discussion later in meeting. )
The Chairman read a letter from Cabot, Cabot & Forbes,
dated September 9, 1964, stating that the Spring Street
C. C. & F. Trust has agreed to enter into an agreement with the Town
water of Lexington to pay half the cost incurred in the con-
Agreement struction of an 8" cast iron water main along the Frontage
371 R
Road at Route 2 and Spring Street; the main to run from
Station 123 = 00 to approximately Station 140 = 50, at an
estimated total cost of $16,000.
The Chairman said the Board approved and desired to
have Mr. Carroll pursue the matter.
Messrs. York, Kolovson and Mrs . Morey of the Public
Facilities Building Committee, and Mr. Harry Erickson,
architect, met with the Board.
Mr. York submitted plans prepared by Mr Erickson.
Mr. Erickson said it is intended to construct the
building of masonry covered with clapboards . The roof
they hope, will be wood shingle. The basement will be
concrete. He indicated the facilities and stated that
the building would be in keeping with the buildings in
the area and very mach the same as the Hancock Clarke
House. Public
The Chairman asked if the Historic Districts Com- Facilities
mission had approved the plans it has. Building
Mr. York replied it has viewed the plans on a pre-
liminary basis, but has not put on its stamp of approval.
Mrs. Morey said it was on an informal basis .
Mr. Cataldo asked if clapboards or aluminum would
be used, and Mr. Ericksonleplied clapboards, as aluminum
does not seem to fit in with the other buildings in the
area.
The Chairman asked if the Committee had a recommen-
dation as to a final site.
Mrs. Morey replied tnat she will make a minority
report as she is not in agreement .
Mr. Erickson indicated the selected site on the plan
The Chairman asked if the committee had any idea of
the cost.
Mr. Erickson said they hope to stay within $40,000
The building will be 30 x 50. It will consist of a base-
ment, first floor and space available in the attic.
Mr. Sheldon asked if the attic would be utilized,
and Mr. Erickson replied he presumed it would and that
there will be stairs up to it.
Mr. Erickson explained the plans to the Board and
was obliged to leave the meeting as he had another com-
mitment
Mr. York said the committee has held a number of
meetings and taken the plan to the Historic Districts
Commission on an informal basis so the Commission would
have the thinking of all the groups involved. The Com-
mission made some very good suggestions and the plans
have been changed a number of times. He said the Comb
mittee has pretty much agreed on the building itself, but
372
a
Mrs . Morey does not agree with the choice of locations
The other four members are in accord. He indicated
the location proposed by the majority and said they feel
it is more centralized and in the center of activity.
He said both locations could be worked out fairly well
and it is a matter of choice. He stated both areas are
staked out at the present time if the Board would like to
view the areas. He said neither location would destroy
any of the larger trees.
Mr. York said that Mr. Burnell has a strong feeling
that when this building is built, he would like to see
the Public Works Department bard building taken out so
as not to add more buildings to the Green. Mr. York
said he felt the function of the committee would be to
recommend the removal of the building, but it is not
the Committee 's function to tell the Town what to do
with the Building.
Mr. Cataldo asked if the Committee planned to use
the walks
Mr. York replied they would have to add more to it .
Mrs. Morey said she felt this is not only for the
tourists but also for the Town. It is the business
corner of the Green and the only busy corner. She felt
it should be as near the business center as possible.
She said everyone knows the Central Block will be changed, and
this building would be a transition of what the Central Block
will become without encumbering the Green with more buildings.
She said this building should take care of the people who
go downtown and don't want to have to ask the stores for
permission to use their toilets. It is a town service as
well as a tourist service. She said while the Park Depart-
ment building is getting dilapidated, it was one of the
outbuildings of the Buckman Tavern and was moved back when
the Buckman Tavern was acquired in 1913, and the Historical
Society feels strongly about keeping that building which
might be turned into a museum. She mentioned that Town
Counsel advised thatTown funds cannot be used for a museum
and the Historical Society is thinking about raising funds
for a museum.
Mr. Brown said he agreed with Mrs. Morey and the
Boards should look ahead toward the opening of the Park
and the traffic involved. He said all the traffic would
not park around the Battle Green area itself.
Mr. Sheldon said he thought the area Mrs . Morey
selected was more accessible.
Mr. York said he understood the Board of Selectmen
wanted to be able to see Buckman Tavern and definitely
wanted the building up beyond.
Mr. Brown said that was when a public facilities
building only was being considered
373
Mr. Sheldon suggested that, before presenting this
to a Town Meeting, it would be better to have everyone
in agreement.
Mrs. Morey said the question about maintenance will
come up, and stated that the building will have to be
supervised, but will not be large enough for a permanent
custodian.
The Chairman asked about the hours.
Mr. York replied that the Chamber of Commerce is
planning to have a full-time year around service which
it does not have now. The hours should be varied with
the seasons . It is felt now that the Chamber of Com-
merce needs a full-time secretary. This would help
during the rush of tourists. He reported 8,220 registered
visitors in 1961; 8,475 in 1962; 13,925 in 1963 and 19,000
in 1964 through the month of August.
Mrs. Morey stated that the back room at the left of
the main door could have maps and displays to help people
see just where they are and also have a few little things
shown so they would know whether they wanted to visit the
houses or not .
The Chairman said any buildings of this nature would
require more policing than buildings of another nature.
Mr. Catkido said he thought Meriam Street was a
better location for policing at night . He asked if any
thought had been given to the property et the corner of
Massachusetts Avenue and Clarke Street.
Mrs. Morey said the owner, Miss Harrington, is still
living there and she plans to leave the building to re-
tired ministers.
Mr. York said the committee will have to present
this to the General Court to obtain permission to build
in the Park area, and it will _lave too before a Special
Town Meeting to request an additional $2,000 to build
the building. An appropriation will be requested at
the spring Town Meeting .
Mr. Cataldo asked if the committee felt eleven
units were enough and Mr. York replied in the affirmative.
Mr. Cataldo said if $40,000 is going to be spent, it
would not cost much more to have a larger building.
Mr. York said there is plenty of room for expansion.
The Chairman said the committee should get together
on the site and either agree on one of these or come up
with an alternate location so the committee could go into
Town Meeting unanimous .
Mrs. Morey said there will he opposition in Town
Meeting to placing this building on the Green and that
will kill it.
Mr. Cataldo s id he noticed thFt the guides would
XVI
C7°
C7
be downstairs and he thought there should be someone
there in charge of the guides at all times.
Mr. Kolovson said the Chamber of Commerce thought
the guide situation has been poor and in this way it
will have some control over the situation.
Mr. York asked if the Board had any suggestions on
the building itself.
The Chairman replied that the Board tries to take
the recommendations of the appointed committees and where
the committee has spent so much time, the Board would not
get into any argument . He said he hoped the committee
would agree to go along with what the Historic Districts
Commission would suggest
Mr. York sail Mrs. Morey agreed, if the Historic
Districts Commission is in favor, to go along with it.
He said the Commission would not give final approval
until it has final drawings.
Mr. Cataldo said the committee should show the
Commission the walks and driveways.
Mrs. Morey said the committee does not need working
plans for final approval.
Mr. York stated that the exterior has to be finalized
or the commission will not approve the plans .
Mrs. Morey said a lot has been done to the building
since the committee met with the commission.
Mr. York said the exterior of the building is all
the commission can rule on and it needs final exterior
plans. He said half of the $1,000 has been spent .
Mr. Kolovson said the remaining $500 would be suf-
ficient to get what the committee wants now.
The Chairman said he came to the conclusion that the
Board of Selectmen favored the location near Meriam Street,
and suggested that the committee get together again.
The group retired at 8:40 P.M.
Miss Ruth Ryan met with the Board. She stated that
she end her father live at 21 Revere Street. She stated
that a brook runs across their property into which the Town
Drainage dumps water which is ruining their property. She stated
that about ten years ago, the brook was six feet wide and
now it is twenty feet wide. She has had to have a fence
moved toward the house twice in recent years, and the
leach beds are going to go. She said the Town maintains
the brook and lowered it on the further side, but it is
going faster on her property because it is going downhill.
She said something has to be done because the ground where
the leaching beds are is sinking away.
The Chairman asked if Miss Ryan had discussed the sub-
ject with Mr. Carroll.
IMiss Ryan said she did, but it did no good and that
is why she made the appointment with the Board. She said
the brook would have to be put in a pipe or a retaining
wall built. She said her back yard is a lake and the
sewer backs up into the cellar. The whole back yard is
leaching beds and that is what worries her. She said
she would likethe Board to look at it.
Miss Ryan retired at 8:45 P.M.
Mr. Gray stated that there was a gentleman present,
representing Cabot, Cabot & Forbes, who did not understand
the procedure of the application submitted by the Burroughs
Corp. for permission to maintain a tank for the under-
ground storage of fuel oil. Fuel oil
Upon motion duly made and seconded, it was voted storage
to take up item one on the agenda.
No one was present representing the petitioner.
Notice of the hearing was mailed to the petitioner,
owners of the property deemed to be affected as they
appear on the most recent local tax list, and also ad-
vertised in the September 3, 1964 issue of the Lexington
Minute-man
The application was approved by Chief Engineer
Belcastro of the Fire Department .
No one was present in favor or in opposition.
Upon motion duly made and seconded, it was voted
to grant a license to the Burroughs Corp. for permission
to maintain an underground tank for the storage of 3,010
gallons of #2 fuel oil on premises located on Spring
Street.
Mr. Bradford Giddings, 3 Stetson Street, met with
the Boa d at 8:45 P.M.
Mr. Giddings said he had a water bill for $142 which
dates back a year and a half. He explained that apparently
a leak developed and he did not know it because the bills
he received a ye .r ago and which he received last December Giddings '
were minimum bills, and he thought they meant he was not Water bill
using more than the minimum amount of water. In July he
received a bill for $142. He said if he had received a
proper bill a year a6o, he would have known there was a
leak and he would have done something about it . He ex-
plained the meter reader could not get in to read the
meter in July or December because the door was locked
He left a card on June 25 which apparently was not returned
because the Town does not have it . In December, he returned
a card which the Town says was postmarked January 3, but
did not get on the bill. He said he felt where there
were three six-month periods where the leak was going on,
3 i
G'
217
the first six months a*°e on him. The last six months,
when be returned the card, he did not think was his
fault, and the middle six months is open for negotiation.
He said he felt he was not entirely wrong and neither is
the Town wrong. He said most people rely on the water
bill to tell them what is going on. He stated he checked
with the meter man, Mr. Jefferson, and he said Mr. Giddings '
house was apparently the last one in Town to be read.
He either has to get the card back quickly or nothing
will be shown on the bill. He said he does not feel he
is entirely to blame. On the other hand, he used the
water. He said someone suggested that the Town might
charge him what it cost the Town for water, and he was
just asking for consideration.
Mr. Cataldo asked where the leak occurred, and Mr.
Giddings replied in the attic in an enclosed area. It
was overflowing but not where anyone could hear it.
Mr. Sheldon asked if it couldn't be heard when
everything wss quiet, and Mr. Giddings replied that it
is in an insulated area. He said he could not hear it
in the L,pipe�c,dmi.n.$ to the toilet but the plumber could
hear it.
The Chairman asked if he had any different use in
water during the last six months and Mr. Giddings replied
there are only three people in the house.
The Chairman said the Board would take .the matter
under advisement and make further investigation. He
asked Mr. Gray to investigate all aspects of the matter
and report back to the Board.
Mr. Giddings retired at 8:55 P.M.
Notice was received from the Department of Public
Utilities of a hearing to be held on Tuesday, October 6,
Hearing 1964, at 10:00 A.M. , 166 State House, in regard to the
rates and charges of the Boston and Maine Railroad.
Bill was received from Mr. Samuel P. Snow, in the
amount of $800, for profession al services in the propar-
Mr. Snow's ation of a general site plan for Lexington central play-
bill ground, in accordance with the Board's letter of October 29,
1963.
The Chairman said to the best of his knowledge, Mr.
Snow had fulfilled his part of the contract.
Letter was received from Mr. Snow advising that he
had, on September 9, 1964, given Mr. John Carroll the
original of the plan entitled Facilities for the Center
Playground and High School Physical Education, Lexington,
Massachusetts", dated Sept 2, 1964. He said it was his
understanding that Mr. Carroll would have the original
377
returned to him after he made such prints as may be needed
by the various town agencies concerned with the project
Upon motion duly made and seconded, it was voted
to authorize payment of Mr. Snow 's bill in the amount
of $800 and to furnish him with a copy of the plan ex-
plaining that the Board has purchased the original plan.
Letter from Mr. Donald K. Irwin, Building Inspector,
enumerating points he believes should be considered for Personnel
a supplement to the Personnel By-Law and Pay Schedule By-Law &
prepared by Charles M. Evans and Associates, was noted Pay
and placed on file, a copy having been mailed to each Schedule
member of the Board.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to George W. Hastings, License
23 Riverside Avenke, Concord, the applicant 's record
to be checked before renewing the license when it ex-
pires.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on September 2, 1964.
A Mr.
Spagnuolo, developer of Ingleside, met with
the Board.
Mr. Spagnuolo said he was present at the suggestion
of Mr Carroll and Mr. Irwin concerning the removal of
loam and gravel on the Ingleside development. They sug-
gested that he see the Board of Selectmen first because
there is a question as to whether or not, a determination Removal
of whether or not, this loam and gravel can be removed of loam
from the premises is a matter for the Board of Appeals & gravel
or not. They also suggested that he discuss this with
the Board of Selectmen so it would be aware of what is
going on there. Most of the complaint calls :nave been
through the Board of Selectmen He said one of the
reasons he wants this cleared up is because every time
he goes to move some material, Mr. Irwin or Mr. Carroll
come down and they are concerned. He has been there
for two years, and every time he removes any material
from the property or on the property, they have been
down on some type of complaint . He said he would like
to get this squared away.
Mr. Gray said he originally suggested the Board of
Appeals and then found that Mr. Irwin and Mr. Carroll
suggested that Mr. Spagnuolo meet with the Board.
The Chairman said he heard tonight that Town Counsel
said this should be Board of Appeals.
37
Mr. Cataldo said the Board could discuss the oper-
ation
with Mr. Legro .
Mr. Spagnuolo said that Mr. Carroll had suggested
some type of an agreement for regrading and reloaming
the lots in order to protect the Town. He said with
the road bonds, there is no protection on the lots.
The Chairman asked Mr. Gray to check with Mr. Carroll.
He told Mr. Spagnuolo that the Board would check with
Town Counsel and let him know as soon as possible.
Mr. Spagnuolo retired at 9:10 P.M.
The Chairman said he had a letter written, if it
meets with the Board 's approval, requesting the Town
of Arlington for permission to post the Great Meadows,
"No Hunt ing".
Mr. Brown represents the Board on the Hunting Com-
mittee and the Board authorized the Chairman to send
the letter, a a suggested by Mr. Brown on behalf of the
committee.
Mr. Gray read a letter from Mr. Legro, Town Counsel,
with reference to the dish of Jerome Pearlman vs. Carl H.
Anderson, employee of the Town.
Claim Upon motion duly made and seconded, it was voted
to indemnify the employee, Carl H. Anderson, and to
authorize Mr. Legro to settle this claim for the lower
of two repair estimates, $39.20.
Mr. Gray read a letter from Mr. Legro, Town Counsel,
with reference to Tax Title deed to United States of
America.
Tax title Upon motion duly made and seconded, it was voted
to execute a deed, prepared by Town Counsel, pursuant to
vote of Town Meeting on November 25, 1963; conveying Tax
Title Lots 185-189, inclusive, on Hayward Avenue, to the
United States of America for National Park purposes.
Mr. Gray referred to letter received from the Plan-
Castoldi ning Board some time ago relative to an exchange of land
land between John W. Cattoldi, Inc. and the Town, recommending
exchange insertion of articles in the warrant for the next Town
Meeting to authorize the Selectmen to sell a parcel to
Castoldi and to accept a parcel from Castoldi as an even
exchange.
Mr. Gray reported that he had received an appraisal
from Mr. Harry A. Ber%lund which, among other things,
stated that it was his opinion that by straighten ing
the boundary line by transfer of a triangular parcel
with a frontage of 175 feet, more or less, on a street
379
constructed to Town specifications, at no cost to the
Town, and with direct access from this area to the
Willard Park, it would be advantageous to the Town, both
in money and land.
Upon Iotion duly made and seconded, it was voted
to insert an article in the warrant for the next Town Articles
Meeting to authorize the Selectmen on behalf of the Town
to sell or otherwise convey a parcel of land to John W.
Castoldi, Inc.
It was further voted to insert an article in the
warrant for the next Town Meeting to authorize the
Selectmen on behalf of the Town to accept a gift of a
parcel of land from John W. Castoldi, Inc.
Mr. Gray said he had a letter that was received this
afternoon, signed by ten citizens, stating that they had Dump
conducted a count of the number of vehicles entering the
Town dump on Lincoln Street As a result of their study
they feel the new dump on Hartwell Avenue should remain
open Sundays, that closing the dump on Sundays would
cause inconvenience to many taxpayers, and that the Board
reverse its original decision.
The Chairman said he would not like to make a
judgmmnt without giving the Superintendent of Public Works
an opportunity to express his opinion.
The matter was held over until the next meeting of
the Board, at which time Mr. Carroll will be present.
Mrs. Fay Lieb, League of Women Voters representative,
said that Saturday, during the day up until five
o 'clock, many families are out family shopping, either
in Boston or the shopping areas and going to the dump Dump
before five is difficult . She stated to give this a
try when the dump will be closed at five is a poor time.
She said Saturday is a very active day on cars and this
will increase the load on Saturday and may not be a
relief at all.
The Chairman stated that the Board would go on a
basis of facts, and if -he facts warrant a change, he
thought the Board would be willing to change, but in
fairness to the Superintendent who made this recommen-
dation, the Board would wait until he at least has had
an opportunity to express his opinion
The Chairman referred to the report of the Traffic
Study Committee, a copy of which was mailed to each
member of the Board, and stated that Mrs. Graham,who
is affected by one of the reports, is present. Her
complaint was in reference to the area on Adams Street
38 () lo
tt-
between #93 to #76
The Traffic Study Committee recommended that this be
considered by the Selectmen with the 1965 sidewalk budget
The work necessary to correct the situation is extensive
and will involve a sum of money not available at the
Traffic present time The Superintendent of Public Works is
preparing plans to show tne possible methods of correct-
ing the situation
Mr. Gray stated that as well as requiring a con-
siderable expenditure of funds, which are not available,
this may also involve some land taking
Mrs. Graham said the parents realize it will cost
money to do the job the way it should be done and that
next Thursday the children will be starting school. She
reported that in the last few days, a sand trucW. partially
covered the sidewalk as well as the street, over the
weekend two mail boxes were knocked down by a car, and
a truck is partially on the sidewalk. The children
have to walk around the truck. She said sue would
like temporary measures this year and asked if a bumper
strip could be put in.
The Chairman asked if she meant curbing, and Mrs.
Graham replied that she meant a guard rail. She asked
if something could be done to separate the children
from the cars.
The Chairman asked Mr. Graf if there was any way
the Highway Maintenance Fund could be used to put up a
rail.
Mr. Gray replied in the affirmative.
Mr. Sheldon said he thought the Board would have to
talk to Mr. Carroll to see what temporary measures might
be taken.
The Chairman said the Board would take the matter
under advisement and do what it can.
Mr. Gray said he would take this up with Mr. Carroll.
Mr. Gray reported that he received a letter from
Mr. Irwin, Building Inspector, with further reference to
the Cummings ' property on Massachusetts Avenue and the
Buildings Trebino property on Dunham Street. He said he thought
both of these had been turned over to Town Counsel, and
he would take them up with him again and see that he
starts the necessary proceedings for hearings .
Mr. Gray read a letter from the Planning Board
with reference to Mr. Harvey Newgent 's request to pur-
Tax title chase tax title lots 41, 55 and 56 on Wood Street
The strip of land Mr. Newgent is interested in
was conveyed to the Town by Holton and Brogna on
October 23, 1933, and includes Old Wood Street which
was never legally abandoned as a street The Planning
Board recommended that the Town refrain from selling
or conveying any land or rights in this area until the
matter of street frontage is resolved to the satisfaction
of Town Counsel
It was agreed to advise Mr. Newgent that the report
of the Planning Board indicates there are legal problems
involved and the matter has been referred to Town Counsel.
Mr. Gray read a letter from the Planning Board with
reference to Miss Florence J. Armstrong's offer to pur-
chase a strip of land contiguous to Town property at
34 Summer Street.
The Planning Board reported that from its investi-
gation the proposed 40-foot strip is not owned by the
Town and that Miss Armstrong and the owner of lot of
house #36 Summer Street may own the fee in that part
of the proposed street. It was the Planning Board's
recommendation that the Town not sell the right-of-way
strip.
Mr. Gray read a letter from the Planning Board
with refeence to Mr. Antonio DeVito's offer to purchase
lots 79 and 81 Valleyfield Street to enable him to build
a house on lot 80. Tax title
The Planning Board sees no objection to the sale
of lot 79 to the owner of the adjacent lot 80. Lot 81
is owned by Joseph F. and Edna B. Cichy of Woburn who
paid taxes in 1963 and 1964 and is not a tax title lot.
The Chairman said the Board could depart from its
policy of advertising because the person interested in
acquiring it owns the adjacent lot .
Upon motion duly made and seconded, it was voted
to authorize Mr. Gray to obtain an appraisal
Mr. Gray reported that Mr . Carl Blake called to
find out whether or not a date had been set for a Special Town
Town Meeting. The Town Meeting Members Association wants Meeting
to meet with the Board next Monday to discuss articles .
The Chairman said the Board could aim for November 16,
and Mr. Cataldo said that would be the earliest date.
Upon motion duly made and seconded, it was voted
to call a Special Town Meeting to be held on Monday,
November 16, 1964, at 8:00 P.M.
382
AA
Mr. Gray reported on three bids received by ,
Mr . Arthur Burrell, Director of Civil Defense, on
radios, and stated the only bid that met the_ispecifi-
Contract cations, was Motorola, but $249 over the amount avail-
Radios able. Mr. Burrell recommended awarding the contract
to Motorola and that a request be made for a transfer.
Upon motion duly made and seconded, it was voted
to award the contract for radios to Motorola at its
bid of $4,920.
It was further voted to request the Appropriation
Committee for a transfer of $250 if this amount is not
available in the Police Department budget
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, if made
Session public, might adversely affect the public security, the
financial interest of the Town or the reputation of any
person.
Following discussion of part-time clerical help,
items pertaining to the Special Town Meeting in November,
and lots on Circle Road, it was voted to resume the open
meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:15 P.M.
A true record, Attest :
4,t-r
,eautiv Cler , Select
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i3 8 3
SELECTMEN'S MEETING
September 21, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, September 21, 1964, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Cataldo and Sheldon were present
Mr. Legro, Town Counsel, r. 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 one
pole on Spring Street
Mr. Serverson, representing the Boston Edison
Company and Mr. Robert Dunn, representing the New
England Telephone and Telegraph Company, were the
only persons present at the hearing
Notices of the hearing were mailed to the peti-
tioners, owners of the property as listed on the peti- Pole
tioners ' plans and also filed with the Superintendent location
of Public Works .
Mr. Serverson explained this proposed location
and the locations proposed in the petition to be heard
at 7 :33 P.M. are actually tied in together to get ser-
vice down to the new Burroughs Building He indicated
the proposed locations on the plan.
Mr. Carroll approved the proposed location.
The hearing was declared closed and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the odder for the following J/o pole lo-
cation:
Spring Street, northwesterly side, opposite Frontage
Road A --
One (1) pole.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
%'elegraph Company for permission to locate six poles,
guy wire and anchor on the sixth pole, on Frontage Road A. Pole, guy
Mr. Serverson, representing the Boston Edison Com- wire and
pany, and Mr. Robert Dunn, representing the telephone anchor
company, were the only persons present at the hearing
Notices of the hearing were mailed to the petitioners,
owners of the property as listed on the petitioners ' plan
384
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Crgle
and also filed with the Superintendent of Public Works.
Mr. Serversoh stated these proposed locations tie
in with the previous pole location hearing on Spring Street .
Mr. Carroll approved the proposed locations .
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 i/o pole location, guy
wire and anchor locations :
Frontage Road A, southwesterly side, southeasterly from
a point approximately 56 feet southeast of
Spring Street, --
Six (6) poles. Guy wire and anchor on
6th pole.
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to locate approximately 70 feet of underground conduit
in Hartwell Avenue.
Mr. Dunn, representing the petitioner, was the only
person present at the hearing.
Conduit Notices of the hearing were mailed to the petitioner,
location owners of the property as listed on the petitioner's plan
and also filed with the Superintendent of Public Works.
Mr. Carroll approved the proposed location.
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 conduit location in
Hartwell Avenue :
Hartwell Avenue : From M H 54/117 westerly, approxi-
mately 70' feet of underground conduit
Messrs . Dunn and Serverson retired at 7:38 P.M.
Mr. Legro stated he had the contract between the
Town of Lexington and the T . D. Sullivan & Sons Company
for sewer work, which the Board voted to award last
Monday. He explained it has the usual problem in that
the insurance certificates are not complete, but if the
Board was agreeable, he would recommend that the contract
be signed by the Board to be held by him until the cor-
rected insurance certificates are received
Upon motion duly made and seconded, it was voted
to sign a contract, presented by Mr. Legro, Town Counsel,
between the Town and T. D. Sullivan & Sons Company for
sewer work, all copies to be retained by Mr. Legro until
the satisfactory insurance certificates have been received.
Mr. Legro reported that he had a 1964 contract between
the Town of Lexington and Whitman & Howard for engineering
6
services. He explained the contract has been signed by
Whitman & Howard, and he thought it was in proper form for
the Board to sign. Engineer-
Upon motion duly made and seconded, it was voted ing
to sign a contract, presented by Mr. Legro, Town Counsel, contract
between the Town of Lexington and Whitman & Howard for
engineering services .
Mr. Carroll said he had a plan of proposed slope
easements on Massachusetts Avenue between the Arlington
line and Marrett Road . He stated these easements are
very minor and involve takings of five to six feet only
and the changes of grade is only a matter of a few inches.
However, the State insists that the Town make a taking.
He explained that in one case, at the corner of Joseph
Road on property of William Madden, there will have to be
a :.retaining wall built. He said he has not discussed Mass Ave.
this with Mr. Madden yet. slope
Upon motion duly made and seconded, it was voted easements
to take slope easements in the lots as shown on a plan
presented by Mr. Carroll entitled "Plan of Slope Ease-
ments, Massachusetts Avenue, Lexington, Mass. Sept . 9,
1964, John J. Carroll, Town Engineer ".
11Upon motion duly made and seconded, it was voted
to establish the date of October 5, 1964 as the closing Closing
date for ceceiving articles to be inserted in the warrant warrant
for the Special Town Meeting to be held November 16, 1964.
Mr. Carroll stated that th, re is a chance that the
Woodhaven Sewer job mightsp over the appropriation and
he may have to ask for more funds at the Special Town Woodhaven
Meeting. The contractor is now getting into forty feet Sewer ap-
of peat. The original borings went down thirty-two feet propriation
and there is about 600 feet of this real treacherous con-
dition. He said a meeting had been scheduled for to-
morrow morning to determine what course of action should
be taken
A form notice was received from the County Commissioners
relative to a hearing to be held on Wednesday, September 23,
1964 at 10100 A.M. , at which time a representative from the Eminent
Attorney General 's office will explain the new laws pertain- domain
ing to eminent domain procedures hearing
Mr. Legro said he wanted to go to the hearing if he
could.
Mr. Gray and Mr. Carroll agreed to attend
386
The Chairman referred to Miss Ruth Ryan' s meeting
with the Board last Monday, at which time she discussed
conditions of her property at 21 Revere Street which she
claimed were caused by a brook
Mr. Carroll said someone mentioned this to him today,
but he has not talked to Miss Ryan for over two years
about the brook
The Chairman asked if there was anything the Town
Revere has to do or can do to relieve the situation. He said
Street three members of the Board had viewed the area.
Brook Mr. Carroll stated the Town could always go in and
restore the fence.
Mr. Cataldo said restoring the fence would not solve
the problem.
Mr. Carroll said he was quite sure there is a 148"
pipe involved there
The Chairman asked if Mr. Carroll could look at the
property and come up with some recommendation of what the
Board can do to help Miss Ryan.
Mr. Cataldo asked if the Town had an easement
Mr. Carroll replied in the negative. He explained
that the Town is dumping water in Hancock Avenue and
Worthen Road comes down this brook The pipe in Worthen
Road is 42"
Mr. Legro said the Town had no problems as far as it
had gone.
The Chairman reported on Mr. Bradford Giddings ' meet-
ing with the BoErd last week relative to his water bill
in the amount of $112.19.
Giddings ' Mr. Carroll stated thkt the card was left on December
water bill 30 and was returned the 5th or 6th of January and in that
respect, Mr. Giddings has some justification.
Mr. Sheldon said that would nave affected one-third
of the bill
The Chairman said there have been similar situations
where people have had leaks and the Board has said it had
no liability. He said Mr. Giddings had a better chance
to determine the loss than the Board had and it should be
very careful in setting any precedent.
Mr. Sheldon pointed out that in this case, the man
has an argument He said he felt Mr. Giddings had a legi-
timate complaint and that one day does not give him much
time to get a card back Mr. Sheldon said he would agree
to one third
Mr. Cataldo said he did not think this bill was too
far out of line for eighteen monthla.
Hon motion duly made and seconded, it was voted to
abate $35.00 for the final six months only because notice
was too late to permit a proper response and had proper111
response been made, he would have had an opportunity to
repair the leak.
387
The Chairman read a letter from Mrs Norman B. Hale,
4 Blinn Road, opp$sing closing of the dump on Sundays
The Chairman reported that he had received some Dump
calls and also that he had been stopped by citizens about
closing the dump. He said that the Board last week did
say, in fairness, it should be given a try.
Mr. Carroll said he thought very definitely it should
be given a fair trial. He explained that he realized
when he made the recommendations, that some people would
be affected and even if there had been 100 complaints,
which there hasn't, that is a small number of the people
in Town. He said he would go up to the dump Saturday
make sure the traffic can be handled.
At 8:00 P.M. , Mr. Carrig and his son, Robert, met
with the Board.
Mr. Carrig said he wanted to speak about the trunk
sewer assessment placed on his land on Worthen Road, He
stated that he had this job figured and the cost, if he
did it, would be $13,000 and something. He said under
the regulations he was supposed to pay 50% of the cost
of this job which he understood is figured on the cost
for the pant five years of all sewers put in the Town.
He said this includes putting sewers in streets that are
finished He said this is a piece of open land and he
did not think the assessment was right and he could put
it in a lot less to start with. Hessid then there was
another matter . The Town took an easement of 70 x 2,000
feet through this whole pieee of land on which he expects
to collect damages. He said he would be glad to swap
his suit on this taking if the Board would cancel out
this sewer assessment .
Mr. Sheldon asked if Mr. Carrig meant to have the
complete assessment cancelled or just the difference. Carrig
Mr. Carroll replied cancelled completely. sewer
Mr. Cataldo asked about the normal footage . and Mr.
Carrig replied 50 feet
Mr. Cataldo said the Town is taking twenty feet.
Mr. Carrig said he has been fighting this since 1964
and close to $15,000 has been spent on plans due ti changes.
Mr. Robert Carrig said even if the cost would be
$13,700, he would be able to install the sewer when they
wanted it and if they wanted it , but now they don't have
a street. He said this development is still on paper.
The State, this year, made another taking so this plan
is out .
The Chairman asked if Mr. Carrig was suggesting that
he has a pending law suit against the Town which he would
forego as a swap for an abatement.
388
Mr. Carrig replied in the affirmative and stated he
has to leave this road the way it is now.
The Chairman said the Board would take the matter
under advisement.
The Carrigs retired at $:10 P.M.
Mr. Carroll explained the $19,000 betterment assess-
ment and stated that he does not go back any further than
100 feet but does follow the formula he had just read and
explained.
The Chairman stated that, where a lawsuit is involved,
the Board would discuss the subject further in Executive
Session with Town Counsel
The Chairman read a letter from Mr. James J. Carroll,
advising that the Voting Machine Account is short $101.93,
Transfer because at the time the appropriation was requested, the
expense involved in truciting was overlooked
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $101.93 from the Reserve Fund to the Voting Machine
Account.
The Chairman read a letter from Mr. James J. Carroll,
advising that the Board of Registrars ' account is short
$1,400 due to the fact it will be necessary to print a
Transfer new voting list for the November election because of the
numerous changes and new registrations
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $1,400 from the Reserve Fund to the Board of
Registrars ' Expens€s Account.
John Wetmore, a teenager, met with the Board and
stated he wanted to speak about the condition of the
Statue on the Common. He read a letter,addressed to
the Editor of the Lexington Minute-man, and stated that
Minute Man the surface of the statue is discolored and gives the
Statue appearance of having been neglected. He said other
statues have been cleaned, and asked if the condition
is such that nothing could be done. He asked if
it could be pairied and suggested that it be washed to
at least get the dirt and grime off.
Mr. Adams explained that this statue is cast bronze
and he has heard sculptors advise that it is supposed to
take on a patina He said when it was painted by vandals
it had to be steam cleaned which ruined the patina and
he sug_ested that the Board contact someone who knows about
this before any cleaning is started.
Mr. Sheldon asked what department had jurisdiction
over this , and Mr. Carroll replied probably his
The Chairman asked Mr. Carroll to look into the matter
3
and find out what, if anything, can be done and how
much it will cost
Mr. Wetmore retired at 8:22 P.M.
Appointment to the Board of Registrars to fill the
vacancy caused by the death of Mr. Malcolm Clifford was Registrars
held over. Mr. Gray was requested to discuss the subject
with Mr. dames J. Carroll, Clerk to that Board.
Upon motion duly made and seconded, it was voted
to certify the character of Robert E. Powers, 201 Waltham Cert. of
Street, who has applied to the State for a Certificate Inc.
of Incorporation, satisfactory cnaracter reference having
been received from the Chief of Police
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Joseph W. Miller, License
7 Amsden Street, Arlington, satisfactory character
references having been received from Chief Rycroft.
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to Mike Bozzuto, 176 AftPermit
Street, Melrose. The truck will be used by Robert J.
Burns, 37 Cliffe Avenue, to take his house refuse to the
' dump.
Upon motion duly made and seconded, it was voted
to approve the application of the Premiere Performance Use of
for permission to conduct a Workshop Performance in hall
Estabrook Hall on Saturday, October lu, 1964, free of
charge, subject to a fee of $3.46 per hour for custodian's
overtime services.
Upon motion duly made and seconded, it was voted
to approve the application of John Anderson of the John
Anderson Designs, for permission to conduct a demonstration
of Christmas decorations in CaryvHall on December 1, 1964, Use of
subject to a charge of $100, plus $3.46 per hour for hall
custodian's overtime services.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
September 14, 1964.
Upon motion duly made and seconded, it was voted
to hold a Selectmen' s Meeting on Wednesday, October 114., Meeting
1964, at 7 :30 P.M. , Monday, October 12 being a legal
holiday.
39 0
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.
Following discussion with Mr . William Mason, Mr.
Carrig 's sewer betterment assessment, matters pertaining
to the Law Department, it was voted to resume the open
meeting.
At 10 :10 P.M. , the Planning Board met with the
Selectmen.
The Chairman asked what articles the Planning Board
would have for the Special Town Meeting in November
Mr. Meyer said his Board was talking about people
talking a change of CM 1 to go into warehousing. Then
Planning the so-called nursing home . The Board is planning to
Board come up with an amendment to that section that would be
articles in land uses restrictions. Then there is renaming of streets
on Route 2. Then possibly one or more subdivisions where
easements should be required.
The Chairman asked if, at this moment in regard to
nursing homes, the Planning Board would be coming in
unanimous.
Mr. Meyer replied they have to have a hearing first
and the Board would allow residential areas to put in
special requirements, etc.
The Chairman asked if the Planning Board would have
anything on Spring Street.
Mr. Meyer replied in the negative and said his Board 's
attitude is that it has been voted down. He said they
were sure someone would bring this up again.
The Chairman said the Lyon property would be brought
up again; the Selectmen having been in cor_tact with them.
Mr. Greeley said a good case should be prepared on
this.
Mr. Meyer said there may also be a parcel on Muzzey
Street to change from an R 1 to a C 2 zone.
Mr. Cataldo said he went over the majority report
on Spring Street and could see no substantial stand
for being against it especially with the financial con-
ditions ahead of the Town. There are eight new school
buildings and a relief sewer station in the millions,
an addition to the Town Office Building, an addition to
to the Public Works Building and something has to be done.
Mr. Meyer said the Planning Board is redoing the
land use map and redoing the population projections.
The Planning retired at 10 :35 P.M 1
3 9 1
Mr. Uray read a letter from George F. McCormack,
32 Hayes Lane, requesting the Board to consider extension
of a sewer main from Fletcher Avenue to his boundary line.
Mr. Gray reported that Mr. McCormack saw Mr. Carroll
who suggested that he petition the Board. He also saw Sewer
Mr. Finneran, Executive Health Officer, who stated this
houseAs about 95 ' from the sewer and has reached the
limit cf what Mr. McCormack can do with the land
It was agreed to have Mr. Ca, roll send out a formal
petition for signatures of the abutters.
Mr. Gray reported a telephone call from Mr. Bretton,
Christian High School, who said the Board 's offer for
the lots on Bartlett Avenue is acceptable and there will
be a letter in the mail tomorrow.
Mr. Gray reported that he checked with the Police
Department and there are funds available in the Police Radios
Department budget expenses that can be used for radios .
Mr. Gray stated that in talking to Mr. Legro, he
found that he has some questions about the Circle Road
lots which Mr. Busa wishes to acquire . Mr. Legro would
like to sit down and discuss every question with Mr. Busa
and submit the matter to the Board again next week with a
definite recommendation.
The meeting adjourned at 10 :53 P.M.
A true record, Attest
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Exec ve ler. Select •n
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392 , -;
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SELECTMEN'S MEETING
September 28, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, September 28, 1964, 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. James J. Carroll, Town Clerk, met with the
Board for the drawing of four jurors . The following
Jurors individuals were drawn for jury duty: Robert Fekete,
11 Blueberry Lane; George E. Rowe, Jr. , 9 Forest Street;
Arthur J. White, 6 Page Road and Stanley Rosenberg, 6
Juniper Place.
Mr. Carroll retired.
Further consideration was given to Miss Ruth Ryan's
meeting with the Board two weeks ago, at which time she
described conditions that exist on her property located '
at 21 Revere Street
Mr. Carroll said as far as ne was concerned, there
Drainage is some erosion of the banks of the stream. He said
there is no leaching field going into the brook Miss
Ryan claimed there was flooding which he said is ap-
parently very irregular and was due to the fact the
culvert under Revere Street was not of sufficient
capacity. He said he would not recommend piping the
brook because it would benefit only Miss Ryan and her
father, and pointed out that the Tropeano property
across the street is in worse condition. He stated
that the cost of piping theiece of brook beside her
house would be Woo for a 48" pipe. This would not
include any work to rebuild the culvert in Revere
Street. He recommended thtt nothing be done .
Mr. Sheldon asked if anything else could be done.
Mr. Carroll replied that he could put some fill
along the banks of the brook but this is not acceptable
to Miss Ryan. She wants the brook repiped. She would
accept a retaining wall but that would cost just as much
money and would not be as efficient. He recommended no
action except for restoring the banks of the brook with
fill.
Mr. Cataldo asked about fixing the bank and sodding
it .
Mr . Carroll said that would be a solution if confined
to the side upon which _ger house is located.
Mr. Brown asked if a precedent would be established
if it were loamed and sodded and five years from now
the condition re-occurred.
Mr. Carroll said she would be back to the Town
4 he Chairman said the Town has no liability, and if
anything is done, the .e are other areas in Town where
people have similar problems. He said he understood
the extent to which the Board is willing to go would
be to bring the bank back and sod it.
Mr. Carroll said he would just as soon tell Miss
Ryan that it will be done when tie department has the
time. He said some day the entire brook will have to
be piped but that should be done as a project taking
care of many people instead of just one.
Upon motion duly made and seconded, it was voted
to advise Miss Ryan that the extent to which the Board
is willing to go at the present time is to fill and sod
the bank on the side where the house is located, the
work to be done as soon as the Superintendent of Public
Works can schedule the time necessary.
Mr. Carroll reported thst people by the na.ne of
Housler were looking to buy #14 Larchmont Lane , street
number, 12, and carefully checked everything before
buying the house. They were concerned about water and
were told by the Engineering Department that water was
available, but the facts are that the main does not ex- Water
tend up to the corner of their lot. He said if this (Housler)
were an ordinary case, he would say they should apply
to the Board for next year, but Mrs Housler claims,
and there is some basis for the claim, that she was told
there was water available to that lot before she pur-
chased it. He said he would like permission to extend
the water forty or fifty feet to the corner of Housler' s
lot . They would have to pay a betterment in full before
the extension is made He said he would like to include
an item in the 1965 budget to close out this pieceof
water in the street.
Mr. Cataldo asked the reason for doing it in two
different operations
M . Carroll explained there are not sufficient funds
to do it now.
Mr. Brown asked if it would be worth it next year
to go to the bother of closing the gap and Mr. Carroll
replied in the affirmative. He explained that a better-
ment would be assessed for the entire frontage now.
Upon motion duly made and seconded, it was voted
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to authorize Mr. Carroll to extend the water main fifty
feet, more or less, to serve the property at #12 Larch-
mont Lane owned by Housler.
Mr. Carroll referred to Chapter 90 maintenance
Chapter 90 allotment for 1985 and reported that at the hearing,
maintenance in the County Commissioners ' Office, most of the cities
and towns were increasing the requests for maintenance.
He said he thought the Town should get more money and
he changed the request from $4,500 to $8,000. The
Board unanimously approved Mr. Carroll's action.
The Chairman read a letter from the Lexington Jay-
cees in regard to closing the dump on Sundays, request-
Dump ing all information the Board may have stating the
reasons why the Board feels that the dump should be
closed on Sundays .
Mr. Carroll reported that last Saturday the dump
handled the load without any trouble. He was there
three hours and no one had to wait more than ten or
fifteen seconds to get a space. He explained that in
the Town of Wellesley, where they have an incinerator
and no rubbish collection, the incinerator is not open
Sundays and the Superintendent of Public Works told him
Wellesley has no trouble.
Mr. Cataldo reported that he and Mr . Carroll were
discussing the possible extension of he so-called Meriam
Street parking area and they both felt that some action
Meriam St. should be taken and something done before snowy weather.
parking lot He asked if it was the feeling of the Board to proceed
with this project..
The Chairman said it would entail some land taking.
Mr. Cataldo said the Board should decide what it is
going to do.
Mr. Carroll submitted a plan and indicated the area
involved and explained the problems which will arise in
Grant Place. He stated the question is whether there
should be a connection between this parking lot and the
Edison Way Parking lot, and also if it should be made
more use_ul by acquisition of additional land. He said
it involves time and thought a±id his question is what the
Board wants him to do on it .
Mr. Cataldo said if anything is to be done, now is
the time to start and he was sure the railroad would co-
operate.
Mr Carroll said his department could probably find
the time to work on the survey but when that is done, it
should be given to a consultant because he has no one
who can design an underpass .
The Chairman asked how the Board felt about extending
the parking lot.
It was unanimously agreed that Mr. Carroll should go
as far as he can go and then return to the Board with an
estimate of cost and what the various ideas are.
Mr. Cataldo said the Board has discussed zoning
and as it looks now, he thougat the Board should take
a different approach on getting something done . He
pointed out that something is needed in the way of
zoning with the financial picture as it is . He said Rezoning
his thinking was for the Board to take the initiative
itself He asked what the tax rate would look like
five, eight or ten years from now if additional revenue
is not received from areas other than residential He
said he did not think the Board could wait for other
committees, and figures should be compiled by January and
have the complete picture to present to the people.
Mr. Sheldon said Mr. Cataldo 's thought wrs to form
a committee.
Mr. Cataldo said the Selectmen were going to have
to take the initiative and get this done .
Mr . Sheldon said the Town has to be given the
information.
Mr Cataldo explained this should be attacked with
no specificcrezoning projects in mind, just to show the
people what the financial picture will be if the Town
does not get any assistance.
Mr. Sheldon suggested that the members of the Board
come in next Monday night with recommendations, and asked
about the size of the committee .
Mr. Cataldo suggested that a five-man committee
should be the maximum. He said he did not like to
draw on other boards or committees because of the time Committee
involved, especially when it is so close to budgets and
Town Meetings He said whatever yelp the Boards can
give should be obtained but they should not be relied
upon entirely as being a working committee. He also
recommended that two good financial men be considered
for appointment to the committee and explained that it
would require someone who has time to devote to the
School Department and its operating budgets and to the
Department of Public Works .
It was agreed to be prepared to appoint such a
committee at the next meeting.
Mr. Carroll retired at 8 :05 Y.M.
Pursuant to provisions of Chapter 139, Section 1,
of the General Laws, as revised, hearing was declared
open relative to the conditions of property believed Cummings '
to be owned by Bevel L. Gmmmings, 48 Wildwood Avenue, hearing
and located at 475 Massachusetts Avenue, Lexington
396
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Notice of the hearing, dated September 18, 1964,
was sent to Mr. Bevel L. Cummings, 48 Wildwood Avenue,
Arlington, certified mail, return receipt requested
Mr. Cummings was not present at the hearing.
The Chairman read a letter written to Mr. Cummings
by Donald K. Irwin, Building Inspector, on April 7, 1964.
He also read excerpts from Chapter 139 of the General
Laws and stated that it is within the province of the
Board of Selectmen to decree the property a nuisance.
Mr. Cataldo reported that Mr Cummings is meeting
with the Board of Health, having had an eight o'clock
appointment with that Board.
The Chairman said Mr. Cummings has had since April
27 to correct this situation.
Upon motion duly made and seconded, it was voted,
under Chapter 139 of the General Laws, to order Bevel L.
Cummings to abate the nuisance within thirty days; the
Building Inspector to be advised and requested to see
that the order is enforced.
(Mr. Cummings arrived later in the evening. )
Application was received from the Lexington Assembly
Paper #37, Order of the Rainbow Gurls, for permission to con-
Drive duct a paper drive on Sunday, October 18, between the
hours of 1:00 P.M. and 4:30 P.M.
The Board had no objection.
Application was received from the Church of Our
Redeemer for permission to conduct a paper and rag drive
on Sunday, November 8, between the hours of 1:00 P.M.
and 6 :00 P.M.
The Board had no objection.
Telephone call was received on behalf of St . Brigid' s
Church and the Sacred Heart Church for permission to con-
duct a Paper Drive on Sunday, October 25
The Board had no objection.
The Chairman reviewed the charge to the Lexington
Abate hall Lions Club for the use of Cary Hall on Saturday, June 27.
charges Upon motion duly made and seconded, it was voted
to abate the charge in the amount of $35.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
September 21, 1964
Upon motion duly made and seconded, it was voted
to grant the following uses of halls, all free of
charge but subject to custodian' s overtime services :
American Association of University Women Estabrook Hall
Lexington Choral Society Cary Hall
397
Form letter was received from the Capital Expendi-
tures Committee, together with a budget form for the
Board 's use in submitting proposed capital budget items Capital
for the five-year period 1965 - 1969. Expendi-
Mr. Sheldon said the committee is entitled to the tures
information as soon as the Board can submit it, but he
did not know about the October 23 deadline.
The Chairman reported that Mr. James J. Carroll,
Clerk to the Board of Registrars, felt there is no Appoint-
hurry relative to appointment to that Board to fill ment
the vacancy caused by the death of Malcolm E. Clifford.
He was quite confident that the remaining two registrars
could handle the work involved with the November election.
Mr. Gray reported that he received a request from
Mr. John Blaisdell, Chairman of the Appropriation Com-
mittee, to have an article inserted in the warrant to
make provisions in the General By-Laws so the Committee ' s
report can be mailed to every house instead of to each
registered voter Mr. Blaisdell is attempting to con-
tact the By-Law Committee.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town Article
Meeting.
The Chairman reported thet the office received a
telephone call from Jules P. Sussman, Chairman of the
Conservation Commission, inquiring about acquisition
of the Burton Harrison land
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Special
Town Meeting, November 16, relative to the acquisition
of the Burton Harrison land adjacent to the so-called
Willard's Woods, subject to receipt of State approval.
Mr. Gray read a memorandum from Mr. Zaleski,
Planning Diredtor, with reference to communication
received by the Selectmen from Nunzio DeLeo, Somerville, Land ad-
inquiring if the Town desired to purchase land owned jacent to
by him and located adjacent to the Tarbell Avenue school Tarbell
site. Avenue
Upon motion d. ,7.y made and seconded, it was voted school
to advise Mr DeLeo that there appears to be no advan- site
tage to the Town in acquisition of this parcel of land
and that the Planning Board does not recommend its
purchase .
I
39 S
C[`
Pursuant to provisions of Chapter 139, Section 1,
of the General Laws, as revised, hearing was declared
open relative to conditions of property believed to be
Trebino owned by Stephen Trebino, 83 Spring Street, and located
hearing on Dunham Street, Lexington.
Notice of the hearing, dated September 18, 1964,
was sent to Mr. Stephen Trebino, 83 Spring Street, Lex-
ington, certified mail, return receipt requested
The Chairman had pictures of the property taken
today by Mr. Gray and also read the Building Inspector ' s
report of May 12, 1964 and a letter of September 9, 1964.
Mr. Trebino was the only person present at the
hearing, and he stated that he was in the process of tear-
ing the building down and that it would take a week.
The Chairman asked if there was one or two buildings.
Mr. Trebino replied there are two buildings and both
will be taken down this week. He said he intends to
build_on the cellar foundation
Mr. Trebino looked at the pictures taken by Mr. Gray
and stated the buildings would definitely be down this week.
The Chairman asked the Board if it would like to defer
action for one week.
Mr . Sheldon suggested that Mr. Trebino be given two
weeks.
Upon motion duly made and seconded, it was voted
to defer any action for two weeks.
Mr. Trebino retired at 8:34 P.M.
Mr. Cataldo mentioned the Route 3 Committee and
recalled that no appointment has been made to fill the
Route 3 vacancy caused by Mrs Riffin's resignation. He reported
that he talked to Mr. Whitcomb last Thursday and Route 3
is no part of the calendar they are working on He said
he was still trying to get the construction calendar
Mr. Gray reported that when he and Mr. Carroll attended
Kiln Brook the hearing on Chapter 90, Commissioner Sergeant mentioned
Kiln Brook which he said would be ready very shortly
Mr. Cataldo referred to letter from John Blackwell
in regard to widanding Pelham Road and said that instead
Pelham of widening the road, the Board should give some thought
Road to making it one way and constructing Tavern Lane. He
also suggested getting comments from the Traffic Study
Committee before relocating Pelham Road.
The subject was referred to the Traffic Study Com-
mittee
(ISI
Upon motion duly made and seconded, it was voted
to request all departments to submit their 1965 budgets Budgets
not later than November 16.
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.
Following discussion of the Lyon property and
matters pertaining to the Police Department, it was
voted to resume the open meeting.
Mr. Bevel L. Cummings, supposed owner of property
at 475 Massachusetts Avenue, met with the Board.
Mr. Sheldon reported that Mr. Cummings had told
him he does not own the property.
Mr. Cummings explained that his father died without Cummings '
a will and there are three parties interested in the hearing
property, he, as a son, his sister and a nephew He
said the building was falling to the ground and he fixed
up the little house. He said it came to the point the
estate was never settled and Mr. Brown, attorney for his
sister, went to run down the title. His father pur-
chased the property in 1909 and paid cash except for
$2,000. The J. B. Prescott Co took a mortgage for
$2,000 which was paid off in twenty months , but there
appears to be a mortgage there since 1911. Amos Taylor,
attorney for Prescott, was consulted and it was found
that the mortgage was never discharged He stated the
matter was brought into court and the story he has is
that it is now down at the Registry of Deeds waiting
to come to the topy-of the list. He said he does not
own the property, but would do anything he can to pacify
the people He stated he boarded the doors and windows
and the best thing to do until the matter is settled is
to board all the windows
Mr. Sheldon suggested that Mr. Chmmings consult with
Mr. Irwin, Building Inspector.
The Chairman said at the Pres=nt time, this property
is part of an estate.
Mr. Cummings said that was correct, and stated that
his sister is administratrix and he is administrator.
Mr. Cataldo mentioned the old car on the property
and Mr. Cummings said he would see what he could do about
removing it .
Mr. Cataldo said someone would have to be responsible
for making the buildings safe
I
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Mr. Cummings said the final papers, where the estate
was advertised, are down at the Registry of Deeds .
Mr. Legro explained that probating is automatic if
the procedures are followed
Mr. Cummings said one heir is in Arizona
Mr. Legro asked who received the revenue from the use
of the property, and Mr. Cummings replied that he does
Mr. Legro said he would judge that Mr Cummings was
probably administrator or otherwise he was local agent
for the rest of the heirs
Mr. Cummings said the tax bills and doctor ' s bills
were all sent to him.
Mr. Sheldon asked who paid the bills, and 4Ir Cummings
replied that he has for the past few years .
Mr. Sheldon said apparently Mr Cummings is willing
to do whatever is necessary to abate the nuisance and he
thought it could be worked out with Mr. Irwin.
Mr. Gray suggested that Mr. Irwin meet Mr. Cummings
on the property
Mr. Cummings asked if the Board meant for him to
make the building safe so children would not get hurt,
and Mr. Sheldon replied in the affirmative.
Mr. Legro said so it would not become a fire hazard
to the abutting property.
The Chairman asked Mr. Gray to arrange a meeting
with Mr. Cummings and Mr. Irwin to see what could be
done. '
The meeting adjourned at 9 :25 P.M.
A true record, Attest:
ecutive" Cler , Select► n
kY
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401
SELECTMEN'S MEETING
October 5, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, October 5, 1964, 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. Carroll reported that he had contacted Mr
Aiden L. Ripley in regard to cleaning the Minute Man statue.
Mr Ripley, who discussed the subject with the best scu3ptor
he knew, was told it would cost about $1,000 to restore Restoration
t}j.e statue, and suggested that Mr. Carroll contact a man of Minute
in Long Island, New York, and request a price Mr. Ripley Man Stake
feels this is the only man he knows who could do the job
satisfactorily.
Mr. Sheldon asked if Mr. Ripley said there was any-
thing really wrong. He asked if this was strictly an
appearance problem, and Mr. Carroll replied in the affirma-
tive.
ffirma-
tive.
Mr. Brown suggested that possibly funds would be
available from one of the various Trust accounts
Mr. Carroll reported on bids taken for painting the
standpipe and stated he was not making any recommendation
this evening. He did ask, however, if the Board agreed,
for tentative approval so ne would be in a position to Bid
get the contracts signed
Upon motion duly made and seconded, it was voted
to award the contract to the low bidder, William R. Dunlap,
Inc. , in the amount of $10,300.00, pending approval of Mr.
Carroll on all facbts of the bid
Mr. Carroll reported that Frederick Maloney, an em-
ployee in the Public Works Department for about twenty-
five years, has been hospitalized due to a heart attack
for a month. He is now at home, but has used up all his
sick leave and vacation. Mr. Carroll reviewed Section
12 (d) of the present rules and regulations governing
sick leave and asked thel Board to extend the time to
the end of this month.
Upon motion duly made and seconded, it was voted
to extend Mr. Frederick Maloney' s sick leave through
October 31, 1964
4
al
Mr. Carroll reported on bids taken by the State De-
partment of Public Works on the construction of Massachu-
Mass. Ave . setts Avenue and advised tht J. J. O'Brien was the low
bidder with a figure of $171,334.25. He explained
that the State Public Works Commissioners will, at a
regular weekly meeting, vote on whom to recommend to
the Board for awarding of the contract
Mr. Cataldo asked if Mr. Carroll had checked on
the contractor, and he replied that the State does all
the investigating
The Chairman reported that he had received a call
from Mr. Robert Hargrove, Chairman of the Standing School
Town Building Committee, advising that his committee would ac-
Meeting preciate having the Special Town Meeting on November 23.
Upon motion duly made and seconded, it was voted
to hold the Special Town Meeting, previously called for
November 16, on November 23, 1964.
Mr. Legro asked if the Committee had considered its
bid opening dates.
The Chairman replied that they will be within the
time limit.
Mr. Carroll reported that he has received an unusually
large number of petitions for sewers in 1965, particularly
from the North Lexington area, all of which would tie into
the pumping station. He explained that work on the leak
survey has been stopped, but up to the time work on it
ceased, he found very few leaks that could be sealed off.
Most of the leaks were service connections . He pointed
out this is the second consecutive year he has received
such a large number of requests in the North Lexington
area He explained the alternative to sealing off leaks
is to enlarge the pumping station, putting in larger pumps
and/or a larger force main, a cost of something around
$130,000 without figures on the pumps . He said the only
way to serve Winter Street is a trunk sewer, $75,000, and
75% of the petitions are in this area, but he can't allow
connections to the sewer system. He said if all petitions
were returned andthe pumping station were enlarged the
Board is talking about a quarter of a million dollars. He
said unless the petitions are received, there is no estimate
for the budget, but pointed out he did not want to imply, by
sending out petitions, that these people would be connected
to a sewer.
It was agreed that Mr. Carroll should send out formal
petitions and advise the parties that the Board would con-
sider them.
403
Mr . Carroll stated it will take two weeks to get the
petitions out .
The Chairman pointed out that in areas where there is
a serious problem, the people will make sure the petitions
are signed and returned.
Mr. Carroll reported that he is now storing equip-
ment outside the town barn every night, and asked if the
Boa^d wanted to consider, for the November Town Meeting,
an article to appoint a committee to study the question
of whether or not the barn should be enlarged . He said,
personally, he did not think the barn should be located
in any other area
Mr. Burnell said he did not think this should be re-
ferred to a committee and that the Selectmen could take
care of it.
Mr. Carroll said funds would be needed to engage an
architect
Mr. Cataldo asked why he felt the need of a committee
and he replied that if there is any question about another
location, the Board might want a committee.
Mr Cataldo asked why a new location was necessary.
Mr. Burnell said the only need for a committee would
be a new location and an entirely new setup.
Mr. Carroll said he should have money for architectural
fees.
The Chairman asked for the Board 's opinion on the lo-
cation of the barn.
Mr. Sheldon said he felt the Board should take a look
at the alternatives before it makes a commitment since the
possibility of another location was considered. He agreed
that a committee would not be necessary for the present lo-
cation.
Mr. Cataldo felt the present location has many advantages.
Mr. Burnell said the Board would not agree this evening
to insert an article in the warrant for the November Special
Meeti; g.
Mr. Carroll said he was thinking about 50% more space
than is presently available.
Mr. Sheldon felt only preliminary plans would be neces-
sary and that they would not cost more than $1,000 or $2,000,
and an article should be included for tnis .
Mr. Burnell pointed out this would be in effect saying
that the Board had decided to remain in the same location
Mr . Brown pointed out that by moving to a new location,
the current property is in a business zone and might bring
in a return to offset the cost of a new building.
Mr . C taldo said, in considering Hartwell Avenue, a
public works building wo ld not be the neatest type to lo-
cate adjacent to a good-looking plant, and he thought the
4104i
01
present location should be retained. He also felt, from
an operational standpoint, that there were advantages in
favor of remaining in the present location.
Mr. Carroll said he would prefer to remain where the
building is now.
Mr. Sheldon said he was in favor of hating an article
to make it possible to engage an architect for preliminary
plans, and that he would like to look into the other
The Chairman asked if Mr. Carroll could wait until
March, and he replied in the affirmative.
The Chairman said the Board is agreeing to have a
study committee.
Mr. William Welsh and Mr. George Matheson, representing
the Minute Man Realty Trust, met with the Board.
Mr. Welsh said a couple of months ago, a group he
represents, owners of the Central Block, talked about possi-
Minute Man tile action by the Town of incorporating in the warrant an
Realty article with respect to an exchange of property with the
Trust Town on the Central Block and the fire station site in
the rear. At that time, there was confusion in that his
group was not sufficiently firmed inLits plans to accept
the limit and there were some other conditions, causing
them to reconsider the matter at that time. He said at
the mokent they are realtively firmed in what they would
like to do . They have nad informal meetings with the
Historic Districts Commission and have no definite ap-
proval as yet, but he felt the situation is at the point
where such approval will be forthcoming. Therefore,
they felt it very important to try and settle this so they can
proceed with their program. He said they were asking that an
article be inserted in the warrant for the next Town Meet-
ing authorizing the Selectmen to consider an exchange of
property swapping the frontage for the old fire station
land
Mr Sheldon asked if Mr . Welsh had discussed this
with Town Counsel
Mr. Welsh replied in the negative and said the problem
before was a time limit . Now they are agreeable to ac-
cepting a reasonable time limit and he felt that removed
any block. He said he was petitioning for an article in
the warrant much the same as was in before
The Chairman said the Board would at least reserve a
place in the warrant for an article.
Mr. Legro asked what time limit Mr. Welsh was talking
about.
Mr. Welsh said he thought before Mr. Legro suggested
two years and he would like to know what Mr. Legro thought
would be proper.
Mr. Legro said, offhand, he thought two years would
be enough.
405
Mr. Matheson asked what two years implied.
Mr. Legro stated that the Town would make an exchange
at the time the Trust has the building demolished. He
said the Board would want to be in a position where the
building would be demolished and that strip of land
filled and restored.
Mr. Matheson said there might be a problem as they
have to do some financing.
Mr. Welsh pointed out that if the title is not in
order, they will not be able to do any financing.
Mr. Legro said the Board would want to give them
time to demolish the building, but would not want it to
go on interminably. He said if they have a vote of the
Town and an agreement to do it, they would be in a very
good position as far as finances are concerned.
Mr. Welsh said they would agree within two years
from the time the exchange is formally proposed and the
Town has voted -within two years from that time they would
consummate an exchange.
Mr. Legro said they would demolish the building.
Mr. Welsh said they would have a recorded vote of
Town Meeting giving the Selectmen approval to make this
exchange and they would have to have some agreement .
Mr. Legro also said they would have to have an
' agreement .
Mr. Welsh said he wanted to be assured that when
they complete this arpangement, draw plans and are
ready to go, they will not be stopp ed by the fact they
have no title to the land.
Mr. Matheson sad what bothers him is putting the
land back to the satisfaction of the Town. He asked
why they couldn't post a bond to demolish the building
and put the land in condition satisfactory to the Super-
intendent of Public Works
Mr. Legro said that might be worked out, but it is
not a happy situation for either party He explained
these are details which can be worked out and the first
step is to put it before Town Meeting. He said if the
Town votes it, this contemplates an agreement between
the Selectmen and the principals He said these
problems can be worked out when it is known exactly what
the Trust 's problem is.
Mr. Welsh said they could not demolish the building
until they have been able to finance the whole arrangement
Mr. Legro said they would be able to get a commitment
on the basis of an agreement, but they would not actually
get the money until they have title
The Chairman said, for the record, the intent of both
parties is to consummate the deal .
406
cc
a,
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 23, 1964.
Mr. Brown refrained from voting.
Messrs . Legro, Welsh and Matheson retired at 8:15 P.M.
Upon motion duly made and seconded, it was voted
Gas main to grant permission to the Mystic Valley Gas Company,
to locate a 2" welded steel gas main extension in Pearl
Street to serve gas to #27, Mr. Carroll having approved.
The Chairman read a letter from Lawrence F. Covert ,
42 Clematis Road, requesting the Board to grant permission
Swimming to the Water Department to fill his swimming pool.
pool Mr. Carroll reported th t the pool was built without
any idea of how it was to be filled as his house is 1500
feet away f, om a water main. He mentioned that it has
been the Town's policy not to fill swimming pools, but
this individual wants it filled before winter.
Mr. Sheldon asked what would happen in the future .
Mr. Carroll eplied the Board should advise him it
will not be filled in the future . He suggested to Mr .
Covert that he get a tank truck to fill it .
Mr. Cataldo pointed out Mr. Covert will have the
same problem twice a year.
Mr. Carroll was requested to obtain more definite
information as to the type of material used in building
the pool.
Form letter was received from the Department of
Civil Service and Registration relative to registration
Engineers of professional engineers.
Mr. Gray explained the Town is covered and this does
not affect Lexington
Mr. Carroll said he is both a registered land sur-
veyor and engineer.
Notices were received from the Metropolitan District
Commissioners ofhearings to be held on proposed improve-
ments to sewer and water systems .
Mr. Carroll said there are annual hearings and if
there is anything unusual, he would attend.
The Chairman read a letter from Otis N. Minot,
1776 Massachusetts Avenue, stating lights in the muni-
cipal parking area between Waltham and Muzzey Streets,
were burning part of a day and he wanted to know who
paid for this.
Mr. Carroll explained that the Town does notpay
anything extra for lights burning during daylight hours.
407
If the lights were not on, according to the lighting
schedule, then there would be cause for concern.
Letter was received from the Chamber of Commerce
advising that it wished to be recorded in opposition
to closing the dump on Sundays and have it put back on
the basis it had been for many years.
The Chairman reported he still receives calls, and Dump
one man this evening suggested tht the dump be closed
another day, say Monday
Mr. Cataldo felt that closing Mondays would not
be the solution and asked why these people are opposed.
He said if a person cannot make it Monday through SUtur-
day, that is one thing, but just to be opposed to the
closing is another matter He said there are no figures
of how many can go and how many cannot go.
Mr. Burnell said a citizen tal=ed to him at some
lenghh and gave the impression Sunday was the only day
he could go to the dump. However, during the conver-
sation, it appeared that he could just as well go any
other day, particularly Saturday, Mr. Burnell felt that
it might be found that this would be true of many people
Mr. Cataldo said there is no question but that some
people will be in the situation of being unable to go
Saturday.
Mr Sheldon said this closing on Sunday is something
the Board is going to try
Mr. Carroll said he felt the complaints are falling
off.
Mr. Sheldon suggested that the Chamber of Commerce
be told the Board is giving the subject mature consideration.
Letter was received from the Standing School Building
Committee advising the Board of two articles for the Novem- Articles
ber Town Meeting. A copy of the communication was given
to Town Counsel.
Mr. Gail Smith, Cemetery Commissioner, met with the
Board and reported that the Commissioners have been op-
erating with tao men for almost a year and he is going
on a trip for five months He said unless the Board had
some suggestion, he would have to resign. He informed
the Board that Mr Winlock, whose term expires in March,
is now at the Fairlawn Nursing Home, and although his mind Cemetery
is alert, he is not physically well He said he should Commis-
resign so the Board could appoint an active member. sioner
The Chairman said if Mr. Smith resigned, it would be
up to the Board to make an interim appointment .
Mr. Smith said he could resign now and run on Mr.
Winlockts term in the spring He mentioned Louis Zenner
408
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and said he was interested and willing to accept an ,
appointment and would make an ideal commissioner. .
The Chairman explained the Board 's appointee would
serve only until the next election and the Board would
not be keeping good faith if it appointed him only until
Mr. Smith returned.
Mr. Smith said he should resign now and let whoever
the Board appoints fill histerm, then in the spring he
would run for Mr. Winlock's term
The Chairman explained Mr Smithshould resign to
the Town Clerk and then the Board would make an appoint-
ment.
Mr. Smith and Mr. Carroll retired at 8:38 P.M.
Upon motion duly made and seconded, it was voted
to certify the characters of Steven J. Dostou, 21
Winchester Drive, and Charles H. Drape, 32 Locust Avenue,
Cert. of Inc who have applied to the Secretary of State for a Certi-
ficate of Incorporation. Both individuals received
satisfactory references from the Chief of Police
Further consideration was given to the vacancy on
the Board of Registrars
Appointment Upon motion duly made and seconded, it was voted
to appoint Mr. Raymond E. Lewis, 60 Forest Stress, to
the Board of Registrars for an unexpired term ending
March 31, 1966, to fill the vacancy caused by the death
of Mr. Malcolm Clifford.
Appointments to the Board of Public Welfare and
Appointments Town Celebrations Committee were held over.
Names suggested for appointment to a committee to
Appointment study rezoning in general were Paul Yewell, Louis Zehner,
Nathan Ricker, and Gardner Ferguson.
Letter was received from the Lexington Arts and
Appointment Crafts Society, Inc. , submitting the name 0E' Albert M.
Eames, Jr. , 2 Briggs Road, for appointment as associ-
ate member to the Historic Districts Commission.
It was agreed to wait until a second name is sub-
mitted by the Society as required in Act which establi-
shed the Commission.
Upon motion duly made and seconded, it was voted
to grant permission to the Painters ' Guild, Lexington
Arts & Crafts Society, Inc. , to conduct an outdoor art
exhibit on grounds of the Buckman Tavern, Sunday,
October 11, with an alternate date of October l8 in the
event of inclement weather.
4W3
Upon motion duly made and seconded, it was voted
to renew Sunday Movie License, Lex-Mil Theatre Inc. License
Upon motion duly made and seconded, it was voted
to deny an application for a Taxi Driver License filed License
by Edward F. Ritchie, 37 Sherburne Road, due to the
report received from Acting Chief James F Corr.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
September 28, 1964.
Upon motion duly made and seconded, it was voted
to sign orders for the construction of sewers in Buckman Sewer
Drive, Dawes Road, Grassland Street, Lantern Lane, Locust Orders
Avenue, Payson Street, Philip Road, Winston Road and
Bridge Street.
It was also voted to sign an order for the con-
stuction of a sidewalk in Dewey Road.
Upon motion duly made and seconded, it was voted
to sign the warrant for the State Election to be held Warrant
on Tuesday, November 3, 1964, polls to be open from
7 :00 A.M
Mr. Gray reported that Frank Walker came in to
see him about a sewer easement through his property lo- Walker
cated on Bacon Street . Mr. Walker will accept, in lieu sewer
of betterments, permission to enter the sewer without easement
charge, no sewer or water betterments against the land,
abatement of the 1963 real estate taxes and repairs to
the holes in Bacon Street.
The matter was referred to Town Counsel.
The Capital Expenditures Committee met with the
Board.
Mr. Boughton said some months ago, he mentioned to
the Chairman this committee was talking tothe Planning
Board about long range financial planning, and he sug-
gested that the committee meet with the Selectmen.
Mr. Boughton explained the thoughts of the committee
in regard to long range financial planning.
Mr. Sheldon said as he inderstood what Mr. Boughton
proposed and what the Selectmen are proposing, the Select-
men's study will be a much shorter range study. He said
the Board will expect, from a committee it expects to
appoint, a study which will be much more limited than
what the Capital Expenditures Committee is proposing.
Mr. Boughton said the best his committee could hope
for would be a year from next March.
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Mr. Sheldon explained the Board's interest is to
try to do something that may not be as complete, as to
give its facts immediately with possibly more emphasis
on the financial side. He stated that what the Board
proposes to do would not negate what the committee has
in mind.
Mr. Cataldo explained that the Board is trying to
give the townspeople a picture of what the tax structure
is going to look like now and ten years from now if no
action is taken. He said the Board is going about this
with no specific rezoning, but leaving it up to the towns-
people to tell the Board what , if any, changes they want
in the land use. He explained that the Board does not
want to wait two years. He said he thought the Board
would proceed with its survey and would appreciate any
help the committee could give . He said the Selectmen
were going to be interested in the financial end of this and
the Planning Board is going to be interested in the land use
Mr. Boughton said his committee did not want to work
for two years and spend money and find out what it has is
not what is wanted.
The Chairman said the Board may have some suggestions
after it has given the subject more thought.
The committee retired at 9:30 P.M.
Upon motion ddly made and seconded, it was voted '
to go into executive session for the purpose of discussing,
Executive deliberating or voting on matters which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion with Town Counsel on legal
matters, it was voted to resume the open meeting.
Letter was received from the Recreation Committee
Lrtic .e requesting insertion of an article in the warrant for
the November Town iiieeting to appropriate funds for a
Bio-Engineering Survey of the reservoir on Marrett Road
to determine its suitability as a swimming area.
It was the unanimous opinion of the Board that
the amount requested and its purpose should be considered
with regular appropriations to be presented to the
Annual Town Meeting it March.
Mr. Gray was requested to check whatever background
information that has been compiled on the subject.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant as presented by
' Daniel Curtin and the required nmmber of signatures of
registered voters.
The meeting adjourned at 10 :30 P.M. II
A true record, Attest:
-ExecIva Cler , Selec en
L
41.1
SELECTMEN'S MEETING
October 14, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town o0ff ice Building,
on Wednesday, October 14, 194, 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, Superinntendent of Public Works,
and Miss Murray, Executive Clerk, were also present .
Upon request of Mr. James J. Carroll, two jurors
were drawn for jury duty, being Frank A. Guild, 50 Asbury Jurors
Street, and Fred Parker, 10 Lantern Lane
Mr. Carroll stated, with reference to reconstruction
of Massachusetts Avenue, consideration of the low bid by Massachu-
the Commissioners would be October 15 and he would have setts
a letter by Friday so the Board can make an award next Avenue
Monday.
Mr. Carroll stated during his absence on vacation,
a woman came in from Adams Street about the sidewalk
beyond East Street He advised the Board he felt the
erection cf concrete guard posts would not be satis- Sidewalk
factory becal.se of the expense and also because it would
not look well. He also felt putting in a curbing would
be a waste of money and explained a hot top curbing would
narrow the strEet and a granite curbing is not needed
permanently. He suggested, as a temporary measure, paint-
ing a yellow line along the edge of the pavement to indi-
cate where the sidewalk is in relation to the street, and
the installation of some light metal posts with reflectors
to indicate to truck drivers the sidewalk and street area.
He said if the Board thinks it is necessary, some money
would have to be spent next year to push the sidewalk back
and it can be moved back at least three or four feet.
The Chairman asked if there would be curbing, and Mr.
Carroll replied he did not know at the present time.
Mr. Burnell asked if Mr . Carroll meant an aspnalt
sidewalk, and he replied in the affirmative.
Mr. Cataldo asked why Mr. Carroll felt cement posts
would be expensive
Mr . Carroll replied that, as a temporary measure, he
thought it would be very expensive
Mr. Cataldo explained the Board was going on the basis
b rn
that there are used posts at the a
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Mr. Carroll said second-hand posts would look horrible,
but there are some at the barn. He explained the permanent
solution is to push the sidewalk away from the street
and create a grass plot and said the present condition
has existed for many years. He said indicating where the
sidewalk is would keep the trucks and cars away from it ;
the problem being drivers do not know where it is .
Mr. Brown felt there would be ample time for the
Board to do something more effective if the reflector
lights do not prove satisfactory.
The Chairman ing4ilas to the cost of moving the
sidewalk back, and Mr/ advised it would be at least
$3,000.
The Chairman asked if funds were available.
Mr. Carroll explained it would be impossible to do
it this year as slope easements will be involved and
there will be some driveway problems
Mr. Sheldon said he would like to have the reflectors
tried and observed, and in the meantime include an amount
in the budget for a permanent solution in the spring if
the reflectors do not prove effective.
Mr. Carroll said he thought the sidewalk is dangerous
and that the Board should consider relocating it in the
the spring
Upon motion duly made and seconded, it was voted
as a temporary measure to aut«orize the Superintendent
of Public Works to paint a yellow line along the street
at the edge of the sidewalk and to erect light metal
posts with reflectors.
Mr. Carroll reported that rubbish is being deposited
in the Sanitary Land Fill on Hartwell Avenue which does
not originate within the Town, and cited instances he per-
Dumping sonally observed. He suggested that the Board write a letter
to all person with permits indicating to them that the
Police Department has been requested to enforce the rules
and regulations . He explained he has already discussed
the subject with Chief Rycroft who is willing to co-operat4
He reported the major problem is commercial collectors .
The Board accepted Mr. Carroll's recommendation
The Chairman read a letter from Evangelical Covenant
Church of Cambridge, owners of approximately 40.85 Pitres
of land along Allen Street, requesting extension of the
water to serve a new church and to determine lotting of
a subdivision.
Mr. Carroll explained by a sketch just what is in-
volved and advised that Allen Street should be laid out
first.
413
Mr. Cataldo pointed out that if this group intends
to erect houses, there wouldn't be much sense in having
two streets.
Mr. Carroll suggested a possible exchange of land.
It was agreed to request the church to submit a
plan to the Superintendent of Public Works showing the
proposed location of the church, explaining that there
is a distinct possibility that parts of Allen Street may
be relocated and reconstructed in the near future and
that the Board would not want to install a water main
which would be inconsistent with the future layout of
the street
Letter from Lawrence F. Covert, 42 Clematis Road,
requesting permission for the Water Department to fill
his swimming pool, was held over .
Mr. Carroll reported that the pool is concrete
Mr. Brown pointed out this would mean the Town would
be requested to fill the pool every year until a water Swimming
main is extended. pool
Mr. Carroll ,'ecommended that the request be denied.
It was agreed to advise Mr. Covert that it is not
the practice of the Town, through the Department of Public
Works, to fill swimming pools and to state, however, the
Auxiliary Fire Department may be willing to if approached
through the Board of Fire Commissioners.
Request from Porter & Desmond for a permit to move
a dwelling from 804 Waltham Street to 291 Concord Avenue Permit
was held over as the Superintendent of Public Works did
not have an opportunity to make an investigation.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to Permit
extend a 2" welded steel gas main in Oak Street to serve
gas to Mohawk Drive
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to Permit
extend a 6" welded steel main in Worthen Road to serve
gas to Grace Chapel.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing j/o pole locations :
Worthen Road, northwesterly side, southwesterly from a
point approximately 60 feet southwest of Bedford
• Street, --
Four (4) poles .
414 gid,
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Dunham Street, southerly side, westerly from a point
approximately 165 feet west of Edmund Road,
Four (4) poles. Guy wire and anchor on 1st
pole.
Request was received from the Pilgrim Congregational
Paper Church to hold a paper drive on November 28.
Drive The Board had no objection.
Letter was -eceived from Mr. James J. Carroll, Town
Resignation Clerk, advising that he had received a resignation from
Gail W. Smith as a Cemetery Commissioner.
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver Licenses, satis-
factory character references having been received from
from Chief Rycroft :
William P. Brenchick, Jr 48 Lincoln Street
Charles T. Cosgrove 307 Wood Street
Robert E. Ross 7 Harris Circle, Arlington
Earl Shwartz 11 Garfield Street
Upon motion duly made and seconded, it was voted
License to deny application for a Taxi Driver License filed by
denied Peter R. Pettingell, 8 Marlboro Road.
Upon motion duly made and seconded, it was voted
License to deny application for a Taxi Driver License filed by
denied Paul Brian McCauley, 75 Spring Street.
Mr. Gray mentioned the fact that several years ago,
a previous Board autnorized the Clerk to issue temporary
taxi driver licenses, but now this is becoming a problem.
He explained that even on a temporary basis, the requests
Taxi for licenses are referred to the Police Department and it
driver takes time to get a report back In the meantime, these
licenses applicants call at the office two or three times a day
looking for a license . He pointed out the fact that
licenses are not unduly delayed and recommended that no
further temporary licenses be issued.
Upon motion duly made and seconded, it was voted
to discontinue the practice of granting temporary taxi
driver licenses .
Upon motion duly made and seconded, it was voted
Minutes to approve the minttes of the Selectmen's Meeting held
October 5.
415
Upon motion duly made and seconded, it was voted
to appoint Mrs. Elizabeth C. Severance, 93 Gleason Road, Appoint-
to the Town Celebrations Committee for an unexpired term ment
ending April 30, 1966.
Mr. Cataldo said last week the Board discussed ap-
pointment of a town barn committee, and after giving it
some thought and consideration, he felt th .re should be
an article in the warrant for the November Meeting re- Town barn
questing funds for preliminary plans and specifications
for remodelling or enlarging the present building.
Upon motion duly made and seconded, it was voted Article
to insert an article in the warrant for the November 23
meeting requesting funds for preliminary plans and speci-
fications for expansion of the Public Works Building.
The Chairman, in refcrence to Mr. Smith's resig-
nation as a Cemetery Commissioner, said he would like
to submit the dame of Robert Sherman.
Mr. Sheldon pointed out that la t week Mr. Smith
had mentioned Louis Zehner and ne would recommend hire. Appoint-
Mr. Cataldo said the Board had Mr. Zehner ' s name ment
on the committee to study rezoning in general and he
would rather have him on this committee.
Mr. Sheldon said he assumed Mr. Zehner could do
both and was interested in the Cembtery Commissioners
It was agreed to defer actual appointment until
the Chairman contacted Mr. Zenner and discussed the
subject with hire.
Further discussion on appointment of a rezoning
committee was held and the following navies considered:
Harry Berglund, Gardner Ferguson, Frank Samuel, Louis Appoint-
Zehner, Paul Yewell. ments
The Chairman agreed to contact Mr. Ferguson and
Mr. Zenner and the appointments were held over until
the next meeting.
Mr. Legro arrived at the meeting at 8 :25 P.M.
Mr . Legro advised that there al.e a number of articles
for the Special Town Meeting warrant on which he will
need more information
Mr. Legro referred to Parcel 93T on which the Board
signed a release of damages for the Commonwealth some
time ago. He explained that the Commonwealth wanted a Release
Town Meeting vote and he has received the old release
and prepared a new one for the Board 's signature.
416
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Upon motion duly made and seconded, it was voted
to execute a new release of damages in regard to Parcel
93T, Commonwealth of Massachusetts.
Letter from John J. McHugh, attorney for Harry M.
Sullivan, 38 Maple Street, was referred to Town Counsel.
Mr Legro reported that he talked to Mr. McHugh
Sullivan before the letter was written and he was concerned be-
claim cause the year in which to file a claim was passing.
-It was agreed to have him send a letter to the Board.
I,.) He explained thrt the ]atter involves a claim of damages
for taking a drain easement which was in the valley,
Winter Street, a private way. He stated he would talk to
Mr. McHugh and see if he can resolve this and with the
f Board 's permission, his position would be there are
no damages for taking of the drain easement but there
are damages in the layout of Volunteer Way.
Letter from the Arlington Board of Selectmen rela-
Drain tive to a 15' Basement which would be taken by eminent
( Easement domain for drainage purposes from Circle Road to the
Great Meadows was referred to Town Counsel.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing
Executive deliberating or voting on matters, which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion relative to painting the
standpipe, eminent domain procedure and discussion with
Chief Rycroft on traffic, it was voted to resume the
open meeting.
Mr. Gray reported he received a letter from Ethel
Wright regarding a school employee about to retire in
Retirement April. He explained that, under the provisions of the
retirement act, employees must retire in the month of
their seventieth birthday. The School Department is
anxious that this particular employee be permitted to
complete the school year.
Mr. Gray stated this is something over which the
Board has no jurisdiction and comes under the Retirement
Act . He suggested thrt it be referred to the Boerd of
Retirement
Mr. Gray reported that he received a letter this
afternoon from Albert Wilson, 1 Baskin Road. He was
requested to obtain more information and bring the
matter up at the next Board meeting
The meeting adjourned at 10 :00 P.M.
A true record, Attest :
Lit
f. 164
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SELECTM.N'S MEETI:&
October 19, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, October 19, 1964, 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 referred to the order of taking for a
drain easement in Lowell Street, executed by the Board
on October 14, 1964, in Executive Session, and explained Drain
that it became necessary to redraw the signature page easement
Mr. Legro stated he had drawn a tax title deed on
lots 107, 108 and 109 Bartlett Avenue conveying the lots
to the Christian High School, Inc. , 20 Garden Street, Tax title
Cambridge, and read the restriction incorporated in the
deed
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
tax title lots 107, 108 and 109 to the Christian High
School, Inc .
Mr. Legro reported that he was making progress on
the articles for the Special Town Meeting, November 23,
and referred to acquisition of the Harrison land . He
explained he had talked to counsel for the Conservation
Commission who agreed to some changes made by Mr . 1'egro.
He explained, to receive State aid, this must be paid
out of the Conservation Commission fund and not out of
general funds and the purpose for which it must be ac-
quired is conservation and not playground or other pur-
poses He said there would have to be an article before
this one appropriating money to the Conservation Fund
He explained the Torn could not vote to spend the money
out of the fund unless the money is in the fund .
Upon motion duly made and seconded, it was voted
to insert an article in the warrant to appropriate the
necessary funds for acquisition of the Harrison land,
the amount being $3,000
Mr Legro advised that the article to acquire the
land must be for conservation pupposes and the maximum
the Town can recover is SO%.
4Th
01
The Chairman asked if this land acquired for con-
servation purposes could be used for anything else
Mr. Legro replied he did not think the question
has come up, but he would think a conservation would
come in the same category as any other land, and he did not
think the use of property acquired for conservation is
strictly limited to that .
Mr Cataldo asked what Mr. Legro meant that the
Town might receive 50%
Mr. Legro replied there is no guarantee of any kind
of aid He said he told Francis Smith preliminary
approval should be obtained before this is on the Town
Meeting floor.
Mr. Legro referred to the so-called Public Facilities
Building and said he had drafted an article which would
Public call for a vote of the Town to authorize the use of a
Facilities part of the Buckman Park Land for the erection of a build-
article ing. He said he talked to Harry Erickson, the architect,
this afternoon, and the location of the building has not
been determined He advised the proper method would be
for the Town to vote the authority to use a part of the
land for this purpose subject to opining leave of the
General Court, and authorize the Selectmen to petition
the General Court for that leave. He said he thought
the legislature might look more approvingly on such a
thing if the Town had voted to do it.
The Chairman read a letter from the State Department
of Public Works listing bids received covering work to be
Bid done on Massachusetts Avenue .
award Upon motion duly made and seconded, it was voted
to award the contract to the lowest bidder, J. J. O'Brien
& Sons, Inc. , at the bid price of $171,334.25.
Mr. Carroll reported that Richard Eaton, Chairman
of the Cary Lectures Com,nittee, requested a change in
the lighting area at Cary Hall and stage be changed
The Chairman read a letter from Mr. Eaton, in which
he referred to his conversation with the Chairman, Mr.
Burnell, cMr. Carroll and Mr. Bentley.
Mr. Carroll said Mr. Eaton wants the work done im-
mediately and that Mr. Bentley, the custodian, had
mentioned this matter and he obtained an estimate to
include an item in tree 1965 budget . He said it looked
as though he had sufficient funds to do the necessary
work, which amounts to $250, but if he did run over the
budget, he wanted the Board to know about this item.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to correct the control of the
Cary Building auditorium lights.
41.9
Upon motion duly made and seconded , it was voted
to grant a permit to Porter & Desmond to move a dwelling
frogs 804 Waltham Street to 291 Concord Avenue, subject
to the usual conditions .
The Chairman read a letter from the Follen Hill
Estates As-ociation with reference to sidewalks, street
light and hunting .
Mr. Carroll said he intended to place a large light
at the corner of Marrett and Follen Roads. He explained
a sidewalk could be put on the left side of Follen Road
going up from Massachusetts Avenue to Dawes Road which
he estimated at $3.00 a foot . He recommended that this
be included in his budget for 1965, for consideration by
the Board.
With reference to hunting, the Department of Public
Works h:s posted the Tower and Moreland Avenue town-owned
areas, and any resident requesting warning signs, may
obtain them from the Department of Public Works .
Mr. Burnell said there should be a preference program
for sidewalks set up by the Bo. rd.
Mr. Carroll stated there is a school building program
and the sidewalks have to be built for the schools He
11
said he could come in with a sidewalk program but it is
something that should be done on recommendation of the
School Committee.
Mr. Burnell said he thought the Board should have
a program to build sidewalks on major highways . It
should follow the major highways first to keep people
off the major highways .
Mr . Carroll asked what would be done in the meantime
about the schools that are being built .
Mr. Burnell said they are talking about sidewalks
along major highways again He said at least one side
of the major highways could be done , and reported this
is where requests for sidewalks areeven from the schools.
They want sidewalks on Marrett Road, again a major highway.
He said sidewalks for secondary roads could be postponed
or if there is a street like School Street that very defi-
nitely needed a sidewalk, an exception to the program
could be worked out . He said now the Board works on re-
quests from the School Committee and private citizens and
after the sidewalks are built on major highways .
Mr. Carroll said last year the budget was made of
School Committee requests and listed in the order of prefer-
ence, but somewhere in the process of Board meetings, an
accident occurred on Concord Avenue and it gave up every-
thing and put a sidewalk in that area where a sidewalk
42k) ta.7)
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had never been requested by the School Department. He
asked what good a program was in an instance like that.
Mr. Burnell said Concord Avenue is a major highway.
Mr. Cataldo explained the Concord Avenue sidewalk
was built because the Board wanted it in before Route 2
was widened.
Mr. Burnell said the Town may have to spend more
money on sidewalks
Mr. Carroll said it would be difficult to spend any
more money on sidewalks because it is time consuming and
difficult to get a contract out. He said he would try
to come in with his recommendations for sidewalks in the
budget.
The Chairman read a letter from Mrs . R. W. Kaufman,
14 Larchmont Lane, requesting installation of a sidewalk
on Bedford Street in a three-part program
The Chairman asked if anything could be done this
year and if there was an existing sidewalk along numbers
184, 185, and 187 .
Mr. Carroll replied there has never been a sidewalk
there and in order to put in a sidewalk, granite curbing
should be put in. He said no curbing has been put in
yet this year and he planned to run it along Waltham
Street, but if the Board wanted him to, it is possible
to put curbing on Bedford Street to protect the sidewalk
area and perhaps pave the sidewalk hext year.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to place curbing in front of
numbers 184, 185 and 186 to protect the sidewalk area
and to include an item in his 1965 budget for cohsideration
by the Board
The Chairman read another letter from the Jaycees
requesting the Board to reconsider closing the Sanitary
Land Fill on Sundays, and asked Mr. Carroll if he hack.
anything new to offer.
Mr. Carroll stated he talked to the Town of Bedford
and that dump is closed Sundays . It is open until
eight at night, but they are contemplating changing the
hours to be the sameeas Lexington' s. He said he could
see no basis for changing the regulations , and as far
as he knew, the dump was working out all right . He
stated if the Board does consider and go to Sunday open-
ing, there would be a problem of how to control the
Bedford Street traffic
Mr Sheldon said he thought the Board .shoukdcontinue
on its present policy of closing, but it may have to
review the subject later
Mr. Carroll reported a number of people had suggested
421
Naving the dump open nights which would mean putting
in
lights; the only problem being selecting the right night .
Mr. Cataldo reported the woman who called him sug-
gested that the dump be kept open Until six o 'clock, and
Mr. Burnell said that is not late enough
Mr . Carroll said he did not think people would drive
up there at night .
Mr. Cataldo said if it is not used, night opening
could be discontinued.
Mr. Sheldon masked how much it would cost to run
lights into the dump area, and the Chairman asked if
there would be any safety hazard involved and how long
the dump would be open.
Mr. Carroll replied until eight o 'clock.
Mr. Sheldon suggest. d that the Bcerd wait until
the Edison poles are placed and then the Board could
consider opening one night a week.
Mr. Carroll retired at 8 :15 P, M.
Mr. Humbert Lodi, 49 Williams Road , a neighbor, Mr.
Nelson and Dog Officer, Michael Shaughnessy, met with
the Board.
Mr. Lodi said he wanted to meet with the Board
because of the accident that happened in Middleton
where three dogs tore a young girl to pieces, and he
put himself in the parents ' place. He said he was
wondering what the ordinances ate in Lexington regarding
dogs running free like this, not only in regard to this
incident but the daily aggravation he has to put up with
The Chairman explained that there is no leash law in
Lexington, and as long as a dog is properly licensed, it
can roam unless he is a nuisance and a written complaint
is filed which usually ends up with a hearing. He asked
if Mr. Lodi was speaking in favor of a leash law, and he
replied in the affirmative.
Mr. Sheldon explained the Board of Selectman could
take no action in regard to leashing dogs because it does
not have that power.
Mr. Cataldo recalled that the Board has previously
discussed this subject two or three times and it was the
opinion at those times to place the question on the ballot
for the next Annual Election and give the voters an op-
portunity to decide
Messrs . Lodi and Nelson retired at 8:25 P.M.
The Chairman read a letter, complaining about dogs,
from Frank R. Powers, 3 Preston Road . _ The Clerk was
requested to have a copy made for the YQog Officer.
Officer Shaughnessy retired at 8 :30 P.M.
111
422 1�t
rl
The Chairman read a letter from the Planning Board
with reference to Mr. Paul McCormack's request for the
acceptance of the Lowell Street exit of Laconia Street
and the abandonment of the Woburn Street exit
Mr. Legro reported that he has talked to the Plan-
ning Board, but has not given a reply because of lack
of information of the circumstances . He explained a
piece of the land is in private ownership and he has
told the Planning Board the Town cannot abandon a private
way because it has no rights in a private way. He said
there are many things about this that he does not know.
Mr. Gray was requested to discuss the matter further
with Mr. Zaleski.
The Chairman read a let,,er from Mr Zaleski, Plan-
ning Director, with reference to the parcel of land
southwest of Worthen Road that Mr. L. Albert Wilson
desires to acquire.
Mr. Gray reported he talked to Mr. Wilson who wants
to purchase this parcel ai-d if he cannot purchase it,
he would like to put a lone of trees on the land He
reported also that this parcel, according to Mr Snow,
was acquired in two parcels for the Senior High School.
The piece of land Mr . Wilson wants to acquire is part of
the land acquired for scnool purposes and should be
cleared through the School Committee. Mr Snow said as
far as he could see, there is no objection as this small
parcel is of no value to the Town, but he was sure this
would require a vote of the Town
Mr Gray was requested to discuss the subject with
the School Committee
Mr. Gray asked if the Board into insert an
article in the warrant for the November Meeting
The Chairman replied in the negative and said it
would have to go to the Annual Meeting in March.
Form notice was re ceived from the Alcoholic Beverages
Commission relative to a public hearing scheduled for
Hearing November 5 on the question of adopting rules governing
the issuance of uniform form of liquor purchase identification
cards for persons who shall have attained age of twenty-one .
Mr . Gray was requested to attend the hearing.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Winifred W. Belcher,
License 8 Balfour Street, satisfactory character references
having been received from Chief Rycroft .
4123 B.
Upon motion duly made and seconded, it was voted
to approve the minifies of the Selectmen's Meeting held Minutes
on October 14, 1964
Upon motion duly made and seconded, it was voted
to appoint Louis A. Zenner, 6 Fair Oaks Drive, to the
Board of Cemetery Commissioners to serve until the Appointmen
Annual Town Election in March, 1965, to fill the vacancy
caused by Mr Gail Smith's resignation
Upon motion duly made and seconded, it was voted
to appoint the following individuals to serve on a com-
mittee to be known as the Lexington Financial Study Committee
Committee Messrs . Paul G. Yewell, Louis A. Zenner,
Frank T. Samuel, Jr. , Harry C. Berglund and Edward D.
Duncan.
It was agreed to request the committee to meet
with the Board next Monday evening at 9 :00 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 onmatters, 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 discussions with Mr. Gray, Executive
Assistant, and Mr. Legro, Town Counsel, it was voted
to resume the open meeting
Mr. John Carroll returned to the meeting
Mr Cataldo reported that he h d a meeting with
Mr. Frank O'Hara of Arlington and said Arlington will
drain two ponds and the Town of Lexington would be per-
mitted to connect to the drain in connection with the Rindge
problem existing on Rindge Avenue He recommended that Avenue
an appraisal of the pond should be made and an article drainage
inserted in the warrant for the March Meeting
Mr . Carroll asked whst the legal solution eras
Mr. Cataldo ton replied Arlin will bringits drain
P $
to the Town of Lexington line
Mr. Carroll mentioned that Lexington water would
still be going to the Torn of Arlington.
Mr. Cataldo said that was correct and all Lexington
needs is permission, which the Arlington Board of Select-
men will grant .
Mr. Carroll asked about Lexington' s right to dump
water into the Town of Arlington.
Mr. Cataldo explained the primary purpose would not
be to benefit Lexington, brit drain those two ponds,
424
and Lexington would not want an easement because it is
not maintaining the drain, merely permission to connect
to Arlington's drain.
Mr . Legro said if all Lexington intends to do is to
connect into the existing drain, or will be existing drain,
the Arlington Board has the authority to grant permission
and also has the authority to rescind it .
Mr. Carroll said he thought it was a good idea and
should be done, but he wanted to make sure it can be done
legally.
Mr. Legro said this matter should be reviewed step
by step
Mr Cataldo stated Lexington has a drainage problem
it has to solve some He would like to obtain an
appraisal of the pond and then insert an article in the
warrant for the March Town Meeting The article to
request permission to acquire the land as Lexington does
not own half of this pond
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town
Meeting in March, 1965.
The Chairman read a letter from the Town Celebrations
Committee relative to observance of United Nations Day,
UN Day October P1! , and Veterans ' Day, November 11 .
The Chairman said he would attend both ceremonies
in observance of united Nations Day
At 9:30 P.M. , Mr. Robert Rushton met with the Board
and submitted a sample of water which he claimed was
taken from his well, the well having been filled by the
Fire Department. Following a lengthy discussion rela-
tive to supplying Mr . Rushton with water, it was agreed
that Mr Rushton would have a legal representative , not
an engineer or water man, from the Air Force in Bedford
meet with the Board next Monday to discuss Mr. Rushton's
request to connect into the Air Force metered water line
from Wood Street to the base.
Mr . Rushton retired at 10:00 P M
The meeting adjourned at 10 :00 P.M.
A true record, Attest
Fec ive ler , Select en
425
SELECTMEN'S MEETING
October 26, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Root, Town Office Building, on
Monday, October 26, 1964, 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 de;Olared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate one pole on
Bedford Street. Pole
A representative from the Boston Edison Company, location
who did not give his name for the record, was the only
person present at the hearing.
Notices of the hearing were mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plans and also filed with the Superintendent
of Public Works .
The Petitioners ' representative explained that
the pole is being requested to support increased system
distribution capacity in Bedford and Lexington.
Mr. Harroll approved of the proposed location.
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 i/o pole
location:
Bedford Street, southwesterly side, approximately
156 feet northwest of Glendale Avenue, --
One (1) pole
Mr. Carroll stated that the Water Services Recount
is short and he will need an additional $1,000 The
total appropriation was $10,000 and there is a balance
of $4,000.
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 Water cervices
Account
426 okn
Mr. Carroll referred to the Sanitary Land Fill area
on Hartwell Avenue and recalled that a few months ago,
Mr. Cataldo suggested planting some shrubs across the
Sanitary face of the area which would cost about $300 or $400
Land Fill for forty pine trees He explained he has sufficient
shrubs funds in his budget and would like to do the planting
this year.
Mr. Cataldo asked if Mr Carroll thought he should
just do this much and asked about the original thinking
Mr. Carroll said he thought only this much should
be done as the Town has not made a property transfer and
does not own one side
Mr Cataldo said there are two reasons , the entrance
would be completely fixed and if the trees could be planted
on a higher grade, they would hide that much more
Mr. Carroll explained he intended to plant them on
the new grade and it will screen the dump
Mr. Cataldo felt that the Board should consider doing
a complete planting starting from Hartwell Avenue
Mr . Brown said that was his thought also
Mr. Carroll said the Board would have to wait until
the Town acquired the property from Cabot, Cabot & Forbes
and obtain an agreement from them He said he would like
to plant the trees this fall, but wanted to know if the
Board wanted to do this He said it would take some time
before anything is dumped on the other side of the road.
Mr. Brown felt that , from an aesthetic point of view,
it would not hurt if Mr Carroll planted on the present
Town property line and at a later date, if the Town acquired
# the Cabot, Cabot & Forbes ' property, continue the planting.
The Board was unanimously in favor of Mr. Carroll' s
suggestion
Mr. Carroll reported that Mr . Frederick Maloney
is b ck in the hospital nd he requested a further ex-
Sick tension of his sick leave to November 30.
leave Upon motion duly made and seconded, it was voted
to extend Frederick Maloney' s sick leave through Novem-
ber 30, 1964.
Requet was received from the Metropolitan Building
Movers Co. for permission to move a dwelling from 2990
Massachusetts Avenue to 215 Wood Street
Mr. Carroll reported that Chief Rycroft, Mr. Mazerall
and he went over the proposed route. They recommend ap-
proval be given with the understanding thatthe dwelling
shall not go in front of the property at 215 Wood Street,
but at thrt point will go on private property ' He said
# Mr. Carroll stated he would like to plant the trees
as best he can on the fixture grade
427
there g re two verylar e trees and there is not room to
a
get by those two trees. They suggested to the mover that
he move in back of the two trees and they recommended that
he be permitted to move the dwelling if he goes in back
of the trees
Upon motion duly made and seconded, it was voted
to grant the Metropolitan Building Movers Co. permission
to move a dwelling from 2990 Massachusetts "venue to 215
Wood Street, subject to the usual conditions and the further
condition that the dwelling shall not go in front of the
property at 215 Wood Street, but at that point will go onto
private property, and is to be moved in back of the trees
Planning Board letter relative to Laconia Street
relocation was held over .
Further consideration was given to Mr. L. Albert
Wilson's request to purchase a parcel of land owned by
the Town and located between Worthen Road and lot 24, Bale of
1 Baskin Road . land on
Mr. Gray reported that he took the information to Worthen
Dr Fobert and he will present it to the School Committee Road
at its next meeting . He also read a letter from Mr.
Wilson toDr. Fobert .
The Chairman said if tris involves the School Com-
mittee, its approval is required and not that of tie
Board.
Mr . Gray said he could see no objection to Mr.
Wilson' s planting trees.
Mr. Cataldo asked if the Board would grant Mr.
Wilson permission to plant the trees.
The Chairman replied in the affirmative if the
School Committee agrees.
Mr. Sheldon pointed out th t Town Meeting would have
to vote to sell the land, and asked if Mr Wilson wants
to acquire it or plant trees
Mr. Gray replied he would like to purchase the land
Mr. Sheldon said if the School Committee will grant
him permission to plant the trees, then the Town Meeting
can vote on it .
Mr. Gray said if Mr Wilson wants to plant the trees,
it would be his risk pending vote of a Town Meeting.
Mr. Carroll advised that one restriction should be
made, there will be no driveway.
Mr Gray said he would discuss the subject with Dr.
Fobert
Upon motion duly made and seconded, it was voted
not to authorize the sale or delivery of alcoholic
I
428
CZ'
beverages during polling hours on Election Day, Tuesday,
November 3, 1964
Letter was received from the Board of Fire Commissioners
advising that an additional $200 is needed for the Ambu-
lance Account
Transfer Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $200 from the Reserve Fund to the Ambulance Account.
The Chairman read a letter from the Lexington Police-
Salaries women's Association requesting the Board to consider a
salary of $150 per month
It was agreed to advise the Association that this
is an item that properly belongs in the 1965 budget
and the Board will give the request mature consideration
when preparing budgets for presentation to the Annual
Town Meeting.
Upon motion duly made and seconded, it was voted
Use of to grant permission to the DeCordova Museum to use Cary
hall Hall for concert and rehearsals on December 3, 5, and 7,
subject to a charge of $35, plus custodian's overtime
fee of $3.46 per hour
Upon motion duly made and seconded, it was voted
Use of to deny permission to Brian J. Raftery, 2318 Massachusetts
hall Avenue, Lexington, to conduct a High School student
dance in Cary Hall on November 13.
Upon motion duly made and seconded, it was voted
to grant T ,xi Driver Licenses to the following individuals,
Licenses satisfactory character references having been received
from the Chief of Police
Coleman F. Vaughan, Kenneth P. Kelley, Jr , and Robert
T. Wesel.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of '-he Selectmen's Meeting held
on October 19, 1964
At 8:00 P.M. , Mr. Carl Blake, Mr. Leslie York and
Mrs. Ruth Morey, representing the Town Meeting Members
Association, met with the Board.
Mr . Blake said issue, inserting articles in warrants
at the request of official town Boerds or Com:;ittees, has
been long standing and had its origin with the procedures
for preparing the warrant for the Town Meeting held June 8.
The spe-ific item relates to refusal of the Board to in-
clude
an article in that warrant submitted by the Conser-
vation Commission. He said this caught the attention of
L _
429
a number of people and received editorial comment in the P P
local paper, and was discussed at some length at a Board
Meeting of the TMMA. They felt they would like to ex-
plore this further on an informal basis They wanted
to know the thinking of the Board on the action it took
He said at that time, he wrote a letter to the Board and
asked three specific questions, which he proceeded to vead.
He said the Board might recall an article was presented
to the Town Meeting but done in this instance by the Board
in question getting 200 signatures . He said he received a
very excellent letter from the C_iairman. The feeling
was that there was not a stated policy, that there had
been votes in the past on whether articles would be
included or not an(' there were other precedents in which
the Board had not followed the procedure of inserting an
article from Boards or Committees He said the TEs
questions whether this is the type of action which is
prudent from the Board 's point of view, and desirable
from the Town's point of view. He stated his role here
is to explore this an( to prevail upon the Board to es-
tablish a policy in this direction. He said the policy
could be to admit requests for articles submitted to the
Board by responsible Town boards He said if the Board
found itself opposed to them, it should make this feeling
known by a recommendation to the Town Meeting He said
the TMMA feels the Town Fleeting has the right to know the
actions and recommendations of all Town boards, and it
hopes to encourage the Board to establish a policy
• Mr. Cataldo explained the article in the Minute-man
was in error, and stated there have been articles sub-i
mitted to the Board before thc.t were not placed on the
warrant He said as far as he knew, no policy had been
broken. He pointed out that the Board meets for months
going over budgets, cutting here and there wherever it
feels it is in the best interest of the Town. He said
he feels it should treat all departments fairly and also
felt there were items taken out of department budgets
that were much more important to the Town than the parti-
cular item under discussion. He said when the Board works
hours and days, the townspeople should take its recommend tion
He explained that the Board worked diligently to reduce the
tax rate, and it is not fair to the other departments in
whose budgets items were disapproved to insert articles for
items for other departments which the Board disapproved.
Mr. Blake said the question is, what would be a best
working relationship between the Town I• eeting and the
various Boards and Committees He said the TMMA would
hope in the future in meetings witn other Boards the
111 Selectmen would have a give and take, and in 95% or more
4[30
tc
of themutually
cases they would come in with
budget proposals He said at this point, the TMMA execu-
tive committee feels it would rather have a chance to hear
the reasons from the committee in question why they think
it is so important The committee would also like to hear
the Board' s reasons why it thinks it is an inappropriate
time and causes it to recommend that the expense be deferred
Mr Cataldo asked why then the Board should devote so
much time on budgets He said one department goes along
with the Board 's recommendation and the _next department
says it wants certain items regardless of how the Board
feels
Mr. Blake said the majority of the cases can be
done by a give and take but the one case that comes
along now and then and the Board is adamant this case
should be passed along to the Town Representatives to
decide. He said the Board ' s control is artificial and
it would be more harmonious if the Board went into the
Town Meeting with an honest disagreement .
Mr. Sheldon said it seemed to him that in essence
the feeling is that by and large the Board ' s policy
would be whet the TMMA asks it to be. He said the
Board would lice to continue to reserve the right not
to insert an article if it is felt there were reasons where
the financial level is involved . He said, speaking for
himself, he did not think he would want to say this would
never happen again, and as the -overning Board, he would
like to reserve the right not to insert articles.
The Chairman said he thought this was what the Board
has decided end he reminded the group that anything the
Board does is not binding on future Boards . He pointed
out that a previous Board did refuse to insert a Civil
Defense article in a warrant
Mrs Morey said from her memory there have been many
controversial items , and usually the Board is able to
impress upon the committee that the Board is going to
oppose, and it was more or less agreed th^t the Board
would omit the article . She said on the Civil Defense
article, it was left out an there was 100% opinion from
the Board that it would not get far
The Chairman advised that it was a two to two vote
of the Board.
Mrs. Morey said she felt any Board authorized by
the Town and has a certain standing, it is up to the
governing Board to show the wiseness of holding off an
article. If they don't recognize the wisdom, they should
go before the Town Meeting and be knocked down.
Mr. Adams said the Civil Defense was a department
under the Selectmen and the Conservation Commission is not
a directly controlled department of the Board of Selectmen.
II
He said the Conservation Commission is not necessarily
a creation of the Sa,ctmen, it is not in the same relation431
-
ship as Town Departments .
The Chairman said all the Board is being asked is
that it give real consideration to any article put in by
a Board appointed by it .
Mrs iviorey said it was any Board authorized by a
Town Meeting
The Chairman said before the Board refuses to put
an article in, the TMMA wanted the Selectmen to make every
effort to discuss it with the Board.
Mrs. Morey said, rather than refuse to put it in,
The Chairman said the Board would discuss the matter,
but he did not know that it would end up any differently.
Mrs. Morey said the TMMA felt it was an indignity
for a Board in order to have what it wanted aired on the
Town Meeting floor and have to .et signatures .
The group retired at 8:22 P.M
Messrs. Trani, Stevens , and Maienza, the 1775 Realty
Trust, met with the Board .
Mr. Cataldo explained he asked to have this on the
agenda because the Board is aware of the fact the group
purchased the Hunt property and before they go too far
IIwith the plans, the Board wanted them to know it is in-
terested He said the Board would like to know if they
have any specific plans and any calendar .
Mr . Trani said the fence had been removed between
the property, a small building h-,s been taken down, and
the property was ready for paving They are about to
relocate the old fire escape There will be shrubs
planted and Colonial design at the rear entrance . They
have done a little on the blocking up of unused exits .
They plan further lighting inside and are contacting a
real estate agent for exclusive rental. He said time
is important, and the acquisition of some land in the
rear owned by the Town would be of interest to them
They do not elan to take down what they have .
Mr. Cataldo asked if they had any plans for future
construction in an area he indicated on a plan, and rir
Trani Trani replied they have future plans
Mr. Cataldo explained his thount was to get to-
gether and strairhten out the whole area, and the Board ' s
interest is getting the line, which he also indicated on
the plan, straightened out . He said the Board would not
recommend selling the land outright, but it would be a
land exchange He said before the group goes along with
any development ideas, a joint meeting should be held to
determine the best way to lay this out to the mutual bene
fit of those concerned
C
Mr. Trani said he was definitely interested.
Mr. Sheldon said for the good of the Town, this line
has to be drawn and it would be too bad to spend much
money in front or in back
Mr Trani asked if the Board wanted to draw a line
Mr Sheldon replied in the affirmative and said it
would be parallel to the old block Mr. Trani formerly
occupied
Mr. Cataldo explained that the Board does not want
the group to spend any money for plans or engineering
without knowing what it has in mind He recommended that
the Trust sit down with Mr. Carroll and Mr. Gray and
look at the whole situation and see what recommendations
they can come up with
Mr. Trani asked if the Town was considering giving
land in the back for front land, and asked the Board's
plans .
Mr. Brown said the establishment of a building line
would determine whether or not the building would come
down.
Mr. Cataldo said before the Trust spends any money
or has any layouts made, the Board would know exactly
where it is going
Mr. Trani said as long as there are no strings on
the front land, the front land is importaht to them.
Mr. Sheldon said from what he heard, the group does
not intend to take the building down for a good ten
years at least
Mr. Trani said they would like to take it down, but
if it is not feasible, they cannot let it sit there the
way it is
Mr . Sheldon said perhaps the life of the building
will be extended so the complete taking down and replacing
is a long way off.
Mr. Trani stated if they do what they now plan, the
building will be there for some time
Mr. Cataldo asked if they planned to do anything
inside the building and Mr Trani replied in the affirma-
tive. He said time is important anc they want to do it
right
Mr Cataldo suggested scheduling a meeting with
Mr Carroll and Mr Gray and possibly call the bank in.
It was agreed by all present to explore the subject
further at a meeting to be arranged by Mr. Gray
Messrs . Trani, Maienza, Stevens and Carroll retired
at 8:)01 P.M.
Mr. Legro, Town Counsel, and Mr. Irving Mabee, of
the Standing School Building Committee, met with the
Board.
LI 3
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discus-
sing, 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 discussion of a legal nature, it was voted
to resume the open meeting
Messrs . Yewell, Zehner, Berglund , Duncan and Samuel,
members of the so-called Financial Study Committee,
recently established by the Board, met with the Selectman
The Chairman said the Board would like the committee
to report back by January 1st if it can, and it would
like to find the financial effect of zoning in Lexington.
Mr. Cataldo explained the first answer the Board Financial
is looking for is the financial effect without zoning, Study
as it stands at the moment, taking into consideration Committee
the proposed increased population five years hence,
what the operating budgcts will be and compare that
with the present tax structure .
Mr. Sheldon explained that there are some people
in Town who feel it is just right the way it is and
rezoning for industry is not needed, and the Board
wants to know if that is true He recalled that
some $4,000,000 in construction was rejected at the
last Town Meeting. He asked the committee to tell,
considering the growth of the Town, if, in its opinion,
the Town would be better off to continue its present
course or should it change by makint; an effort to expand
its industrial areas and take areas presently zoned and
put them into industrial use .
Mr. Yewell said he had the feeling when he was
asked to serve on this committee that the members of the
committee were going to be charged to bring the BoaT-d the
facts, only the facts He said the Board had an inbiased
committee that would make no recommendations .
Mr Sheldon said that was correct .
Mr. Yewell said the committee is supposed to study
the situation and asked the Board to tell it five, seven
or ten years Then the committee would tell the Board
what it comes up with.
The Chairman said the facts, as the committee sees
them, are what the Board would expect
Mr. Cataldo said to come up with these facts and
let the Town decide which way it wants to go.
Mr . Sheldon explained that all the information the
other Boards have will be made available to the committee
and suggested that once it has selected a chairman, he
contact Mr . Gray who will tell where and how to get this
informat ion
434
C
Mr. Cataldo said the number of years the Board is
looking for will be determined on how much time the
committee has He suggested that the committee give
the Board as many years as it can by January 15, but
did say it should be a minimum of five and beyond that ,
as much as tue committee can accomplish
Mr. Yewell said all the committee could ask for
would be the department 's plans .
The Chairman said the committee may be able to get
the Planning Board 's thinking for five years, and it
would get five years from the Capital Expenditures Com-
mittee.
Mr. Cataldo explained the two major departments
are tae School and Public Works
The Chairman said Mr. Carroll, Superintendent of
Public Works, would give the committee what he has on
his mind.
Mr. Sheldon suggested that the committee watch the
operating budgets, and stated it is not necessarily the
payment of interest and that type of thing which will
create a problem, but the increased operating budget
Mr. Cataldo advised that the Capital Expenditures
Committee and the Town Meeting Member Tax Dollar Com-
mittee have done some work, and it might be well for
the Committee to sit down with them and see how far they
have gone.
The Chairman explained that all these people have
agreed to co-operate
Mr. Yewell asked how far down in the budget the
Board would like to have the committee met with people
The Chairman explained that the Town Meeting Members
Association has prepared a chart with a breakdown of all
the departments and Mr. Gray would be available . He
said he thought the committee could see from looking at
that chart and the budgets which would be germane
Mr. Sheldon suggested that the committee also look
at the percentages in the Appropriation Committee report
Mr . Yewell asked if 90% accuracy would be all right
Mr Cataldo suggested that the committee take a
look through the budget book
The Chairman said it would be unfair if the Board
said any percentage
Mr. Samuel asked what the Board felt the growth of
the Fire and rolice Departments is going to be for the
next five years
Mr Sheldon replied that the department heads would
tell that .
Mr Yewell asked to whom the committee should talk,
and the Chairman r plied that it should talk to the de-
partment heads, but might also check with the Board.
435
Mr . Yewell said the committee would obtain all the
facts it can and then get the Board ' s reaction to the
facts it has found
The Chairman advised that the Board would make
time for the commitee on any agenda
Mr. Yewell asked if Mr. Gray would be available
to meet with the committee during the day, and the
Chairman replied it would be advisable to have him meet
with the committee .
The Chairman said the committee has the backing of
the Board and any information it has available to it .
Mr . Yewell said he hoped this would be understood
by all the other people, and that the committee would
be looking for facts only.
Mr. Gray suggested that a memo be sent to the de-
partments, boards and committees requesting their co-
operation.
The group, including Mr . Legro, retired at 9 :29 P.M
Following an intermission, the meeting was resumed
at 9 :55 P.M. , at which time, Mr Carroll and l+lr. Legro
returned to the meeting.
Upon motion duly made and seconded, it was voted Town
to sign the warrant calling a Special Town Meeting for Meeting
Monday, November 23, 1964
Mr. Legro reported that one article , pertaining to
an exchange of land with John Castoldi, inc . has been
withdrawn. He talked to the Planning Board this even-
ing and that Board agreed to defer this until the March
Town Meeting. He said he could not understand why in-
formation for the articles cannot be prepared a month
or six weeks in advance . He advised the Board to decide
on, for example, a parcel of land coming to the Town
whether it is going to be an exchange, a gift or what
and these are administrative matters He said, speaking
of land, he understood the parcel involving Lillian Road
is coming to the Town as a gift He advised these matters
could be clarified beforehand .
Mr . Gray suggested that the warrants be closed earlier .
The Chairman said he did not think thatwould be neces-
sary.
A transcript of Assistant Attorney General Bottomley►s
comments, concerning application of the recent legislation
pertaining to eminent domain proceedings, was received from
the Middlesex County Commissioners .
I
436 , ,`�
C ;
CrJ
The Chairman said this is information for the Board
but more pertinent to Town Counsel, and he suggested that
it be passed along to Mr . Legro.
Mr. Gray said he would make a copy for Mr. Legro
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 intbrest of the Town, or the reputation of any person.
Following discussion of legal matters, it was voted
to resume the open meeting
The Chairman brought up the subject of closing the
dump on Sundays and expressf-d what he termed to be his
personal feelings. He said closing the dump on Sundays
was a valid experiment, but he has received so many
calls and by far, everyone who calls wants the dump
open on Sundays . He said a great many people cannot
go any other day but Sunday, and his general feeling is
that the dump should be opened on Sundays . He said he
could see the Torn will be getting into a sticker system
because a great majority of the cars are from out of town,
so some manner of control will have to be instigated.
Upon motion duly made and seconded, it was voted
to open the Sanitary Land Fill area on Sundays, effective
Sunday, November 1, 1964.
Mr. Cataldo was recorded in opposition.
The meeting adjourned at 10 :55 P.M.
A true record, Attest :
c^__vT/ ler , Select en
+�Ip
I
1
437
SET,FCTMEN'S MEETING
November 2, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 2, 1964, at 7 30 P.M. Chairman
Cole, Messrs Brown, Burnell, Cateldo and Sheldon
were present Mr . Legro, Town Counsel, Mr. Gray,
Executive Assistant , Mr Carroll, Superintendent of
Public Wor' s, and Miss Murray, Executive Clerk, were
also present
Mr . James J. Carroll, Town Clerk, met with the
Board for the drawing of four jurors The following
individuals were drawn for jury duty: John L. Webster, Jurors
21 Woodcliffe Roar , George E Davis, 112 Spring Street,
Donald I. LcCarthy, 33 Prospect Hill Road, Vincent L.
Dumas , Sr , 137 Concord Avenue
Mr Carroll retired
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate one pole,
guy Bird anchor on Dunham Street Pole, guy
Mr . Serverson, representing the Boston Edison & anchor
Company, and Mr Dun: , representing the New England
Telephone and Telegraph Company, were tae only persons
present at the hearing
Notices of the hearing were mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plans and also filed with the Superintendent
of Public Works
Mr . Serverson explained the proposed location was
to service a new home, and Mr. Carroll had no objection
The hearing was declared closed and upon motion duly
made and seconded, it was voted to grant the petition and
sign the order for the following j/o pole, guy wire and
anchor
Dunham Street , northerly side, approximately 20 feet
west of Edmund Road, --
One pole, 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 two poles,
guy wire and anchor on second pole on Worthen Road .
`3b tea,
Mr. Serverson, representing the Boston Edison
Company, and Ni' . Dunn, representing the New England
Telephone and Telegraph Company, were the only persons
present at the hearing
Pole, guy Notice of the hearing was mailed to the petitioners,
& anchor owners of the property as listed on the petitioners ' plans,
and also filed withthe Superintendent of Public works
Upon motion duly made and seconded, it wa voted
to grant the petition and sign the order for the follow-
ing i/o pole, guy wire and anchor loc-tion. Previously,
the Board had given the petitioners a vote of confidence .
i
Letter was received from Walter C. Clemens, Jr. ,
11 Rumford Road, with reference to traffic control on
Rumford Road A copy of the communication was mailed
Traffic to each member of the Traffic Study Committee .
The Chairman read the letter and stated it had
properly been referred to the Traffic Study Committee
Upon motion duly made and seconded, it was voted
to grant the petitions and si ;n the orders for the
following pole locations, all having been approved by
Mr. Carroll
Rogers Road, northwesterly from a point approximately
25 feet northwest of Fessenden Way, --
Four poles.
Marshall Road , northwesterly, from a point approximately
26 feet northwest of Woburn Street, --
Seven poles .
Grove Street, southeasterly side, approximately 27 feet
northeast of Dewey Rodd, --
One pole
(One existing i/o pole to be removed. )
Rolfe Road, westerly side, northerly from a point approxi-
mately 12 feet north of Woburn Street, --
Four poles.
Letter was received from John M. Belding and Dorothy S.
Belding, 1106 Massachusetts Avenue, a copy of which was
mailed to the members of the Board, with reference to
removal of a tree and stakes driven in their lawn
Mr. Carroll explained the tree is not going to be
included in the slope easement . It is definitely in
the sidewalk location but there is a good possibility
the sidewalk can be constructed around the tree, but Mr.
Carroll said he would prefer not to make any commitments
Worthen Fiord, northwesterly side, southwesterly from a
point approximately 452 feet southwest of
Bedford Street, --
Two poles. Guy wire and anchor on second pole.
439
at this time . He stated every effort will be made to
save the tree. He also explained that removal of the
tree would have to be posted and a public hearing held.
He advised the stakes were put on the lawn by the County
engineers and they in no way indicate the limit of the
construction.
Letter was received from Moore Realty Trust , a copy
of which was sent to the Superintendent of Public Works,
requesting the installation of street lights on Frost Street
Road . lights
Mr Carroll said he could take care of this all right
The Chairman read a letter from Mr . Donald K. Irwin,
Building Inspector, relative to attending the Municipal
Building Officials Institute at the University of Connecti-
cut, advising that he had made arrangements with Mr Richard
Soule to take care of the required inspections during his
absence. Building
The Board had no objection to Mr. Irwin attending Inspector
the Institute, and upon motion duly made and seconded,
it was voted to appoint Mr. Richard Soule Assistant Build-
ing Inspector for the period from November 16, 1964 to
November 19, 1964.
Letter was received from the Metropolitan Area Plan-
ning Council advising arrangements have been made to
hold a mebting on Thursday, November 5, at 8 00 P.M , Meeting
Winchester Town Hall.
The Chairman stated that he and Mr Alan G. Adams
# plan to attend the meeting
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on October 26, 1964
Upon motion duly made and seconded, it was voted
to grant a Taxi 1Jriver License to Russell A. Guilotti, License
96 Smith Street, Waltham, satisfactory character refer-
ences having been received from the Chief of Police
Application for a Yearly Dump Permit was received
from C. P. Moody, R.F.D. #2, Lincoln, who does plaster-
ing work in the Town of Lexington. Dump
Mr. Carroll said these are the people the Board permit
should be very careful about granting permits to.
The Chairman asked about Mr Carroll 's recommendation
Mr. Carroll said he would refuse the reque 't, and
tell him to obtain a daily permit any time he wants to
Letter was received ff'om Arthur C. Carroll, Colonel,
IF'Res, advising the 94th Troop Carrier Wing will celebrate Open House
its seventh anniversary on November 14 with an open house
at Hanscom Field from 2:00 P.M. until 5 P.M. The Board
was invited to tour the facilities that day and to attend
a reception at the Officers ' Club from 5:00 P.M. until 6 :30 P.M.
The Chairman said he would attend.
440 1,1
t1�I�
tt
inrLexingtondayIf ne canprove dumpisgoroundsdforrhaviinge 1
e can rove e
it changed later, let him come forward
Mr . Cataldo said he thought the entire subject of
permits should be reviewed, that the Boa d should decide
on a policy and implement it and also determine who is
going to enforce it.
Mr Carroll suggested that no yearly permits be
issued to anyone from out of town, tj.at they be required
to obtain a daily permit
Mr. Cataldo recommended that the Board grant Mr.
Moody a permit which would expire the end of this year,
at which time, a new policy would be established
Mr Sheldon suggested that Mr Gray and Mr. Carroll
get together and work up a program to be aaopted for use
by the first of the year
Upon motion duly made and seconded, it was voted
to charge Mr C. P. Moody on a daily basis and that he
be so informed
Contract between the Town and J J. O'Brien & Sons,
Inc . for Chapter 90 highway work on Massachusetts Avenue,
was received today, and referred to Town Counsel
Upon motion duly made end 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 discussion of matters of a legal nature,
it was voted to resume the open meeting.
Messrs. Carroll and Legro retired at 9:05 P.M.
The Chairman reported that Kenneth Kelley, a Town
employee, called him about tax title lots on Earl and
Orchard Streets, for which he had made an offer
Mr. Cataldo explained that 1"'r. Kelley did not want
to purchase the lots with the requirement recommended
by the Planning Board, that they be combined into one
lot. He wants to purchase them with no restrictions .
Mr. Cataldo said he did not feel there would be any
harm in selling the lots without the restrictions because
the area has many small lots, but he would not be in
favor of selling them for the price Mr. Kelleyoffered
Mr. Brown said even though the rlanning oard did
recommend that the lots be combined, he felt they could
be sold and built upon in this area
kV ThA Chairman said if the lots are sold without re-
strictions, the Town should receive a fair price
Mr. Gray was requested to contact Mr Kelley
Upon motion duly made and seconded, it we voted
to adjourn the meeting at 9 10 P.M.
A true record, Attest -
ec a �"
iv Oler , Selec en
441
IISELECTMEN'S MEETING
November 9, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Buildimg, on
Monday, November 9, 1964, 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 petition of the Boston
Edison Company and the New England Telephone and Telegraph
Company for permission to locate one pole on Moreland Pole
Avenue. location
Mr. Serverson, representing the Boston Edison Company,
was the only person present at the hearing.
Notices of the hearing were mailed to the petitioners,
owners of the property as listed on the petitioners ' plans
and also filed with the Superintendent of Public Works .
Mr. Serverson explained the petitioners would like to
move a pole to the property line, it now being located
in front of a window.
The Chairman reported tYst MT% Daniel Tocci, 37 Moreland
Avenue, and Mrs . Marion F. Runstein, 39 Moreland Avenue,
telephoned to be registered in favor of the proposed lo-
cation.
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 j/o pole lo-
cation:
Moreland Avenue, northwesterly side, approximately 174
feet southwest of Buckman Drive, --
One pole .
(One existing i/o pole to be removed. )
Mr. Legro stated he had prepared a Certificate of
Entry, for the Board's signature, relating to the drain
which runs southwesterly to Munroe Road in connection Cert. of
with one of the lateral sewers in the Woodhaven area Entry
Upon motion duly made and seconded , it was voted
to s$ the Certificate of Entry as prepared by Mr. Legro
Mr. Legro stated he had prepared a Certificate of
Entry, for the Board ' s signature, ,,elating to the drain
Z! 412
01,
which runs westerly and northwesterly from Lowell Street
to Ridge Road .
Upon motion duly made and seconded, it was voted
to sign the Certificate of Entry as prepared by Mr.
Legro
Upon motion duly made and seconded, it was voted
to go into Exec tive Session for the purpose of dis-
Executive cussing, deliberating or voting on matters which, if
Session made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following discussion with Town Counsel pertaining
to a claim for damages, slope easements on Massachusetts
Avenue, and the Lyon property on Waltham Street, it was
voted to resume the open meeting.
Mr. Carroll referred to snow plowing and stated he
had some recommended snow plow rates for hired equipment
which he thought the Board should approve. He presented
each member of the Board with a schedule he had prepared
and stated thst Lexington's rates are lower than other
cities and towns, He explained how his recommended rates
differed from the present rates
The Chairman asked if the Town would have difficulty
getting contractors to plow if the rates were not increased 11Mr. Carroll said it was difficult to answer, but he
thought Lexington should keep in line with other cities
and towns. If the contractors are not satisfied, they
are not going to do a good job, and the present relations
are very good..
Upon motion duly made and seconded, it was voted
to approve the rental rates for hired equipment, effective
as of December 1, 1964, as follows .
Effective December 1, 1964
THE TOWN OF LEXINGTON
DEPT. OF PUBLIC WORKS
MAXIMUM RENTAL RATES FOR HIRED EQUIPMENT OF SNOW PLOWING &
HAULING
ALL EQUIPMENT TO BE IN FIRST CLASS OPERATING CONDITION
ALL TRUCKS MUST BE EQUIPPED WITH CHAINS
(FUEL, OPERATOR AND CHAINS INCLUDED IN PLOWING RATES)
PLOWING HAULING
TARE WEIGHT RATE REG. CAPACITY RATE
8,00 . to 10,000 lbs. 7.50 12,001 to 16,000 lbs . 4.75
10,001 to 14,000 lbs. 8.00 16,001 to 22,000 lbs. 6.00
14,001 to 20,000 lbs. 8.50 22,001 to 28,000 lbs. 6.50
20,001 tO 24,000 lbs. 10.00 over 28,001 (2 axles ) 8.50
over 24,000 lbs. 10.50 over 28,001 (3 axles) 9.50
443
On PLOWING ONLY. Not hauling, the following rates may be
added if they apply:
(a) Owner furnishes own plow - add $1.50 per hour
(b) Owner furnishes own helper - add $2.50 per hour.
(c) For each completed year of plowing fob the Town of
Lexington up to 20 years maximum - add $0.05 per hour.
Mr. Carroll referred to trunk sewer work for 1965
and said he has been talking about the possibility of
replacing the force main from the pumping station up to
Hamilton Road with a new one, and putting in new pumps
in the pumping station. This he intends to include in Trunk
his budget. He stated a number of petitio .s have come sewer
in from the Winter Street area which will require a small budget
pumping station. These are two projects that he intends
to include in his 1965 budget. He said, however , that per-
haps both of these projects will be eligible for Federal
aid because it will be reducing the pollution of the
Shawsheen River which is Bedford 's water supply. The sug-
gestion was made that the Board contact the State Division
of Sanitary Engineers to see whether or not Lexington
would be eligible and if so, this information will be
available for Town Meeting. He asked for the Board 's
reaction as to whether Whitman & Howard or he should con-
tact the iltate.
The Chairman asked about the money involved, and
Mr. Carroll said the force main would be in the vicinity
of $130,000, and he had no idea what the pumps would
cost, possibly $10,000 each for three. The Winter Street
trunk sewer will cost between $60,000 and $70,000.
The Board was in favor of having Mr. Carroll con-
tack the State Division of Sanitary Engineers .
Mr. Legro retired at 8 :08 P.M.
Mr. Cataldo said this year, removal of cars from
Massachusetts Avenue that interfere with snow removal
operations, should be policed, and if they are not No Parking
moved, the owners should be informed that the Town will
have them towed.
Mr. Carroll said there is the question of who will
tow them. Thewreckers don't want to take these cars
because they are afraid of the damage that might be in-
volved.
Mr. Sheldon said these people who park their cars
all night disregard warning tags and he thought Mr.
Carroll could work with the Police Department .
444 ,v'
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01
The Chairman said it was, then, the sense of the
Board that the following traffic regulation should be
strictly enforced:
No Parking ARTICLE V PARKING, Section 8. No All Night Parking
It shall be unlawful for the driver of any vehicle,
other than one acting in an emergency, to park said
vehicle on any street for a period of time longer
than one hour between the hours of 2:00 A.M and
6:00 P.M. of any day.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing j/o pole locations :
Pole Waltham Street, easterly side, southerly from a point
locations approximately 55 feet south of Concord Avenue, --
Eighteen poles.
(Eighteen existing i/o poles to be removed. )
Waltham Street, westerly side, approximately 265 feet
north of Lexington-Waltham Line, --
One pole.
( One existing pole to be removed. )
Dunham Street, northerly side, westerly from a point
approximately 165 feet west of Edmund Road, 8-
Four poles .
(Four existing i/o poles to be removed. )
Request was received from the Mystic Valley Gas
Company for permission to locate a 2 ' welded steel gas
main extension in Hadley Road to serve gas to nine new
Gas main homes.
Upon motion duly made and seconded, it was voted
to grant the request, subject to Mr. Carroll 's approval
of the specifications.
Letter was received from the State Department of
Public Works to which was attached a map of the Town
Federal-aid showing the revised Federal-aid Secondary System as
Secondary selected by the State Highway Department .
System The Chairman referred the subject to Mr. Carroll
for research and report of his recommendations to the
Board.
1
445
The Chairman read a letter from William Glass,
6 Flintlock Road, calling the Board 's attention to a
water leak between #6 and #8 Flintlock Road and in Water
front of the Parker School. leaks
Mr. Carroll stated that before he was aware of the
complaint, the leak in Flintlock Road had been repaired.
With reference to the wet spot on Bedford Street, there
was a water main gate which was shut off on which the
packing was loosened. He said if this has not already
been repaired, it will be.
The Chairman read a letter from Mrs. Alice M. Morgan,
20 Robbins Road , relative to burning leaves in the gutter Burning
Mr. Sheldon stated, and the Board agreed, that burning leaves
leaves in the gutter is prohibited in Lexington and every
effort is made to enforce the regulation
Letter was received from Miss Edna G. Sanford, School
Social Worker, with further reference to the use of the Bridge
Bridge Charitable Fund A copy of the letter and Fund
Summer Camp report was mailed to each member of the Board.
Mr. Cataldo suggested that the Chairman contact Mr.
George P. Morey, Chairman of the Trustees of Public
Trusts, before talking with Miss Sanford.
The Chairman read a letter from the Retail Division,
Lexington Chamber of Commerce, requesting permission to Christmas
hold a Christmas parade on December 6. parade
Upon motion duly made and seconded, it was voted
to grant the Retail Division of the Chamber of Commerce
permission to hold a Christmas parade on Sunday afternoon,
December 6, commencing at 2:00 P.M.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Paul Perry, 360 Manett License
Road, satisfactory character reference having been re-
ceived from the Chief of Police.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 2, 1964.
Mr. Gray stated that Mr. Kelley, who wants to acquire
tax title lots on Marl and Orchard Street, told Mr. Cataldo
he would accept the restrictions on the lots. He re-
called t}jat the Planning Board had no objection to selling
the lots provided the lots were combined to his present
lot . Tax title
The Board asked Mr. Gray to find out how much Mr. lots
Kelley is willing to offer for the lots .
44[6
01
Mr. Gray read a letter from the School Committee
advising that it had voted to release the piece of
Town-owned land between Worthen Rosd and Lot #25 (1 Baskin Rd. )
Sale of for possible purchase by Mr. L. Albert Wilson.
land to Mr. Gray reported that Mr. Wilson has been informed
Wilson that this would be presented to the Annual Town Meeting
in March for permissipn to sell, and if he wanted to
plant trees on the property in advance, he would be do-
ing so at his own risk
The Board instructed Mr. Gray to obtain an appraisal
on the parcel.
Mr. Gray reported a telephone call received by the
Chairman from Mr. Harrington in regard to a betterment
Harrington levied against property owned by him and located on
betterment Winter Street when Coach Road was put through.
It was agreed that Mr. Gray and Mr. Carroll should
review the matter.
Mr. Arthur Burrell, Civil Defense Director, met with
the Board.
He said that there has been strong objection from one
of the bidders for police radios because the lew bidder
was not awarded the contract. He explained that he and
Mr. Gray met with the representative of General Electric,
and reviewed the entire situation. He stated General
Electric ' s bid was non-responsive to the specifications.
They did not comply. He explained that Chief Rycroft
was insistent that they have at least 30 Watt output
on the transmitter and a solid unit with the relays on
vacuum. He stated that General Electric submitted
bids on two different units and neither one of .Jhich
met the specifications . He said, personally, he did not
think General Electric has a legitimate complaint . He
reported the sales representative has threatened a
number pf things and he found him to be unreliable .
= Mr. Gray said one of the things the sales repre-
sentative mentioned os the specifications is what they
call coating. They claim the General Electric unit
will eliminate interference.
Mr. Burrell felt the paragraph to which the sales
representative had reference was in terpreted differently.
Mr. Cataldo asked what the problem was .
M Mr. Gray explained that Mr. Brown called because he
received a call from the local resident and wanted to know
what the Board had done. He felt it should be on the
agenda. They left it with Mr. Boardman, the representative,
that if there was any change, he would be notified. He
told Mr. Boardman the Board had made an award on the re-
commendations of the Department head and would not make a
change unless the Department head requested a change.
447
Mr. Sheldon pointed out that any Board has the right
to reject the low bid.
Mr. Burrell stated again that neither unit met the
specifications.
Mr. Sheldon explained that even if the bid met the
specifications the Board does not have to make the award
to the low bidder.
Mr. Cataldo stated that in the best interests of the
Town, the Board voted for Motorola.
Mr. Burnell stated the Board has received nothing in
writing from this individual, and it was decided not to
make any comments to him in writing.
Mr. Burrell retired at 8:10 P.M.
Mr. Cataldo asked if anyone had conferred with the
School Department at all on the Moreland Avenue School Moreland
site to discuss what is to be used as an access Avenue
Mr. Carroll explained he has seen the plans and School
it is proppsed to use Philip Road They do not plan
to use Moreland Avenue.
Mr. Burnell mentioned the time it took voters to
vote in the Presidential election last Tuesday and
said it is obvious that more voting machines are needed
He felt that two additional machines should be purchased
for each precinct, two to be purchased next year and two
the following year.
Mr. Sheldon said he did not think this was an immedi-
ate problem as the machines will not be needed until 1966
M,r. Burnell said he suspects the Town is using the
State 's minimum requirements
Mr. Sheldon said it would be a simple matter in 1966
to project the growth of the Town and it may be found that
only one machine will be needed for eadh precinct or it
may need two
The Chairman said there were many factors that con-
tributed to the long lines, and the biggest factor was
the referendum He said for the next election, two years
from now, the Board could defer any action until it is
known what the ballot will be. He said the Town could
rent machines.
Mr. Sheldon asked if the Town had to purchase them
if acquired on a rental basis
Mr. Carroll retired at 8:50 P.M.
Mr. Cataldo suggested opening the polls at an earlier
hour.
Mr. Burnell said rather than meeting the State 's
minimum requirements, the Town could contract for these
machines on the basis of whatever the requirement is at
the middle point . He said a decision should be made
448 ,
z
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l ,
when the Board is going over the budget.
Mr. Brown said he would be in favor of buying one
this coming year.
Mr. Cataldo said the Board knows it will not need
the machines until 1966 and he would be inclined to wait.
He suggested possible improvements to the machines could
be made
No action was taken.
Mr. Cataldo referred to the stand on the lawn of the
Town Office Building on Election Day, November 3
The Chairman reported that he contacted the woman
in charge of the food sale and she admitted that permission
was not given by him. He explained to her that it was
contrary to the policy of the Board and it was understood
that there would be no recurrence. He stated there was a
misunderstanding of some proportion.
The meeting adjourned at 8 :55 P.M.
A true record, Attest :
e tiv Cle k,_4 en
44
SELECTMEN'S MEETING
November 16, 1964
A regular meetingof the Board of Selectmen was
g
held din the Selectmen's Room, Town Office Building,
on Monday, November 16, 1964, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present. Mr. Legro, Town Counsel, Mr. Gray, Execu-
tive Assistant, Mr. Carroll, Superintendent of Public
Works, and Miss Murray, Executive Clerk, were also
present
Mr. Legro reported that he had a contract between
the Town of Lexington and J. J. O'Brien & Sons, Inc.
for highway work on Massachusetts Avenue
Upon motion duly made and seconded, it was voted Contract
to sign the contract as presented by Town Counsel
Two copies are to be mailed to the Commonwealth of
Massachusetts Department of Public Works . Mr. Carroll,
Superintendent of Public Works, has the third copy.
Mr. Legro asked when the Board would like to go
over the motions for the Town Meeting to be held next
Monday, November 23.
The Chairman requested the Clerk to arrange a
meeting with Mr Charles E. Ferguson, Moderator, for
Saturday morning, November 21, at 9 :00 A.M. in the
Selectmen's Room.
Mr. Gray referred to Article 4 in the Warrant
for the November 23 Special Town Meeting to see if
the Town will vote to transfer to the School Committee
all or a part of the parcels of land conveyed to the
Town by Augustus E. Scott . He presEnted a General
Site Plan, prepared by Samuel P. Snow, of the facilities
for the Center Playground and indicated the land which
is under the jurisdiction of the Board of Selectmen. He
said the question is to obtain a description of the land
to be transferred
Mr. Cataldo egplained the basis of the article is
to be eligible for State aid, and he did not think there
would be any difficulty if approximate dimensions were
used.
Mr. Carroll explained that there should be some-
thing that can be repordiced if need be
1
450 K!)
crif
Mr. Sheldon asked if the State aid would be affected
if this article were postponed until the March Meeting.
Mr. Brown suggested that the Board consider squaring
the land off
The Chairman asked if the parcel under consideration
could be described properly at this time
Mr. Legro advised the two Boards get together and
decide what they want to do. He said he did not think
a corner of the building should be left on land udder
control of the Selectmen.
Mr. Carroll said he would not guarantee that he
could have a description for the November Meeting He
explained it might take a week or two, or three weeks,
to make a survey. He stated this is very old material
and they might not find anything on the ground
Mr. Sheldon suggested that the article be postponed
and a correct survey be made if it will not affect the
State aid. He suggested that Mr. Gray determine whether
or not State aid will be affected.
The Chairman asked if there was any way this could
be done for the November Town Meeting, and Mr. Carroll
replied that he did not know.
It was agreed thst Mr. Gray would find out the first
thing in the morning if this would affect the State aid
and to contact Mr. Legro and Mr Carroll if it does.
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:
Sullivan Street, southerly side, westerly from a point
approximately 12 feet west of Winter Street, --
Four poles.
Letter was received from the Town of Bedford in
regard to the agreement made on May 5, 1953 between the
Town of Lexington and the Town of Bedford whereby
Bedford is allowed to discharge sewage into the Lexington
sewerage system. A copy of the communication was sub-
mitted to Mr. Carroll and copies were mailed to the
members of the Board.
Mr. Cataldo asked if Mr. Carroll agreed with Bedford 's
position, and he replied in the negative
Mr. Carroll suggested that the next step would be a
meeting with representatives of both towns, engineers
from Haley & Ward and Whitman & Howard.
It was agreed by the Board that Mr. Carroll should
arrange a joint meeting
451
Form notice was received from the State Department
of Public Works with reference to snow removal assistance.
It was agreed to continue the arrangement whereby the Snow
State willlow the entire length of Maple Street, and removal
p g
the Town of Lexington will remove snow from all of Massa-
chusetts Avenue.
The Chairman read a letter from Claire G. Ela,
77 Follen Road, requesting favorable action on the peti- Sewer
tion to extend thessanitary sewer in Fallen Road.
Mr. Carroll reported that the signed petition has
been returned and the extension will be included in his
budget for 1965.
Letter was received from the Planning Board, together
with a map of the Town showing all property lines and
lands belonging to the Town, the first step in the land Land use
use inventory and study now under way. map
The Chairman stated the map would be kept by Mr.
Gray for members of the Board to look at
The Chairman read a letter from the Lexington Civil
Rights Committee advising the Board it would like to
have some sandwich signs carried in Lexington Center' Civil on Saturday, November 21. Rights '
The Chairman was authorized toadvise Miss Weinstein advertis-
who signed the letter, that legally the Board has no right ing signs
to deny the request, but it would not like to see this
type of activity in Lexington, particularly in the Center.
Further, it is the Board 's opinion that this might well
establish an undesirable precedent which the Board con-
siders not to be in good taste.
Notice was received from Kevin B. White, Secretary
of the Commonwealth, in regard to the State Decennial Decennial
Census of 1965 to be taken as of January 1, 1965. census
Upon motion duly made and seconded, it was voted
to delegate this work through Mr. Carroll, Clerk to the
Board of Registrars, to the Board of Registrars .
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 on the subject of water
supply for Mr. Robert Rushton and matters of a legal
nature with the Town Counsel, it was voted to resume the
open meeting.
452 ,,6
01
Messrs. Legro and Carroll retired. ,
Appropri-
ation
The Capital Expenditures Committee and the pp ri-
p
ation Committee met with the Board.
Mr. Blaisdell, Chairman of the Appropriation Committee,
explained the purpose of the meeting was to go over the
articles in the warrant for the Special Town Meeting, to
be held next Monday. He advised that the Appropriation
Committee proposes the following recommendations :
Article 3 recommend $3,000 from the Excess and
Articles Def iiency Account .
Article 14. recommend favorable action.
Article 5 recommend indefinite postponement .
Article 6 recommend $1,400,000, bonded for 20 years
Article 7 recommend favorable action $1,500,000
bonded for 20 years.
Article 8 no recommendation.
Article 9 recommend unfavorable action
Article 10 recommend indefinite postponement .
Article 11 recommend $7,000 from the Excess and
Deficiency Account
Article 12 recommend $16,500 from Water Available
Surplus .
Article 13 Nothing at this time .
Article 14 Recommend favorable action
Article 15 recommend favorable action.
Article 16 recommend favorable action
Article 17 no recommendation
Article 18 no recommendation
Article 19 recommend $5,000 from the Excess and
Deficiency Account.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating or voting on matters, which, if made public,
Session might adversity affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion on Article 10 of the warrant
for the Special Town Meeting, November 23, 1964, it was
voted to resume the open meeting.
Letter from the State Commission on Low-Income
Housing was noted and placed on file.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver License to Gerald F. Alexander,
1 Neillian Street, Bedford, satisfactory character
reference having been received from Chief John W. Rycroft. 11
453
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held on Minutes
November 9, 1964.
Mr. Cataldo reported on a meeting held with the 1775
Trust in regard to the so-called Hunt Block, and informed
the Board that Mr Carroll is going to prepare a plan to
see what the Town might realistically exchange with the
Trust. He said the group would like to know what the
Board thinks of the plan as another meeting of the group
has been scheduled
1775
Mr. Carroll presented the plan, referred to by Mr. Trust
Cataldo, and 4r. Cataldo reported that the Trust is look- meeting
ing for something interesting to make them tear the build-
ing down. The only way the Trust will be interested is
for the Town to make it interesting to it and that is by
purchasing the building. He said it was left for the
Trust to obtain figures on moving the existing building
back twenty-six feet to the new building line, then come
with a land exchange and the money involved
Mr. Gray reported that a Mer. Errol Hopkins, a repre-
sentative of the Commonwealtn, came in to see him about
land takings made by the Department of Public Works . He State
said the Town had an appraisal made by Mr. Harry Berglund takings
of $3,225 and the State is offering $675 for the parcels
in question. He explained this is all land along Route
128.
Mr. Legro advised that the Town cannot sue the State.
Mr. Gray also reported that the Baskin property was
separate and the figure on that was $175.
The matter was referred to Town Counsel
Mr. Gray referred to Mr. Kenneth Kelley's offer to ,
purchase tax title lots on Earl and Orchard Streets and
said Mr. Kelley still feels his offer of $50 is all he Tax title
wants to pay with restrictions on this parcel
Mr. Burnell said the offer was too small for the
Board to be concerned about
Mr. Cataldo said the Board has sold lots for less
than that with no restrictions , and he mentioned a
figure of $200
Mr. Gray was instr ,cted toadvise Mr. Kelley that
the Board is not interested in disposing of the property
fpr $50, and if he makes a relaistic offer, the Board
will consider it
454
al
Upon motion duly made and seconded, it was voted
Meeting to hold the Selectmen's Meeting Monday, November 23, at
7 :00 P.M.
At 10:50 P.M , Mr. Robert Meyer, Mr. Roland Greeley,
of the Planning Board, and Mr. Zaleski, Planning Director,
met with the Board.
Mr. Meyer reported tht the Planning Board is in
Planning favor of the three zoning articles in the Warrant for
Board the Special Town Meeting, November 23, 1964, but it is
not in favor of the article inserted at the request of
100 or more registered voters in regard to the Curtin
property on Marrett Road. He unformed the Board that
paragraph d. ) in Article 18 is to be postponed until
March and under Paragraph i. ) they will change the
description South Glen Road to Glen Road South
Messrs. Meyer, Greeley and Zaleski retired at 11:00 P.M.
Mr. Gray reported that he and Mr Carroll discussed
Harrington's request for abatement of $2,140 street
betterment assessment levied against his property on
Betterment Volunteer Way Mr. Legro is of the opinion the property
Assessment has been bettered by the construction of Winter Street
and the Town has a legal right to assess such a better-
ment.
Mr. Cataldo said he recalled this subject was
brought up three or four different times, and he thought
the Board had abated it. He said definite action xay
not have been taken, but it was more or less agreed by
the Board. Mr. Gray is tocheck further.
Mr. Gray r ported that he received a letter from
the Board of Fire Commissioners advising that all bids
for the new ambulance have been reviewed and they re-
Ambulance commend the acceptance of the low bid $9,400, submitted
by the Superior Funeral Coach Sales, 'Inc . , of Medford.
The Commissioners also recommend an additional expendi-
tures of $40 to enable t}.e ambulance to be wired for
incubator use.
Upon motion duly made and seconded, it was voted
to accept the low bid of $9,400 submitted by the
Superior Funeral Coach Sales, Inc. , and to approve an
additional expenditure of $40 to wire the ambulance
for incubator use.
The meeting adjourned at 11:15 P.M.
A true record, Attest :
ec, ive/�lerr, Selec en
455
SELECTMEN'S MEETING
November 23, 1964
A regular meeting of the Board of Selectmen rwas
held in the Selectmen's Room, Town Office Building, on
Monday, November 23, 1964, at 7 :00 P.M Chairman Cole,
Messrs. Broyn, 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
At 7 :00 P.M. , hearing was declared open upon appli-
cation of Grace Chapel, Worthen Road, for permission to
maintain an underground tank for the storage of 3,000
gallons of #2 fuel oil
Notice of the hearing was mailed to the petitioner,
owners of the property deemed to be affected as they Fuel oil
appear on the most recent local tax list, and also ad- hearing
vertised in the November 12, 1964 Lemlington Minute-man.
No one was present in favor or in opposition.
Letter was received from M. G. Dearborn, an abutter,
requesting to be recorded in favor of granting the permit
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to granta license
to the Grace Chapel to maintain an underground tank for
the storage of 3,000 gallons of #2 fuel oil on premises
located on Worthen Road .
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of four jurors . The following
individuals were drawn for jury duty: Alan T. Johnson, Jurors
37 Parker Street, Joseph N. McDonald, 8 Holmes Road,
Irwin E. Goldman, 30 Whipple Road, Scott D. Lothrop,
22 Normandy Road.
Mr. Carroll retired.
Requests were received from the Metropolitan Build-
ing Movers Co. for permission to move a building from
838 Waltham Street to Allen Street, and to move a build-
ing from 506 Concord Turnpike to 41 Allen Street. Permit
Mr. Carroll explained that both buildings would be
moved over the same streets and he would like the Board 's
permisFion to issue permits.
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Building Movers
Co. to move a building from 838 Waltham Street to Allen
1
456
tn
CI
Street via the route described in the company's letter
of November 10, 1964, and to move a building from 506
Concord Turnpike to 41 Allen Street via the route de-
scribed in the company' s letter of November 10, 1964.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing j/o pole locations :
Pole Phinney Road, northwesterly from a point approximately
locations 102 feet northwest of Tufts Road , --
Five (5) poles .
Albemarle Avenue, northerly from a point approximately
118 feet north of Melrose Avenue, --
Seven (7) poles, hip guy and anchor on
fourth pole .
The Chairman read a letter from the Jaycees request-
ing permission to use the site of the former Town dump
on Lincoln Street for the burning of Christmas trees on
January 3, 1965.
Burning Mr. Burnell asked if there would be any cleaning up
Christmas to be done afterwards.
trees Mr. Carroll replied that he could not see why, as
the trees would burn down to ashes.
Mr. Cataldo asked why the Jaycees could not go back
to Hartwell Avenue this year .
Mr. Brown explained because of the safety factor and
convenience, they prefer the Lincoln Street site
Upon motion duly made and seconded, it was voted
to grant the request.
Upon motion duly made and seconded, it was voted
to issue a Taxi Driver License to Richard F. Petrino,
Licenses 14 Grapevine Avenue and Robert W. Hawkins, 2 Patricia
Terrace, satisfactory character references having been
received from Chief Rycroft .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on November 16, 1964.
Mr. Gray referred to the street betterment assess-
ment in the amount of $2,140 levied against property
owned by Walter S. and Dorothy M. Harrington, located
on Winter Street, and reported that there is nothing
in the Selectmen's files that makes any reference to
this betterment not being assessed. He said it was
the opinion at the last Board meeting that the property
451
was bettered by the construction of Winter Street. Coahh
Road will be constructed by the developer and Mr.
Rarrington)raante to hear sOmethi ig`-defIntta= froM.the
Board as he has to let the Tax Collector know by
December 2 how he wants the betterment apportioned. He
explained Mr. Harrington did give up some land, but he
gave it to the subdivider.
Mr. Sheldon said he would like to know if Mr Snow,
former Planning Director ever said anything to Mr.
Harrington.
Mr. Gray read a memo from Mr. Snow to the Planning
Board which he said was known by Mr. Harrington, a letter
to encourage Mr. Harrington's land exchange.
Mr. Sheldon asked if this betterment was a potential
lawsuit .
Mr. Gray replied the feeling is that if he has to
pay it, he will, but he was under the impression he would
not be assessed a betterment
Mr . Carroll asked how much more valuable the two lots
are now than they were before.
Mr. Cataldo replied there is no question but that
they are of more value.
Mr. Sheldon said the only question is, is there any
possibility that there is a compromise where Mr. Harrington
can pay part of the betterment and the Town can abate part
of it.
Mr. Cataldo said only as a moral obligation.
Mr. Sheldon said he would be in favor of abating half
the bill.
Mr. Legro pointed out that the Board would abate on Abatement
the basis the land was not bettered to the amount assessed.
Mr. Gray said the Planning board was aware of the
letter written by Mr. Snow to the Board of Appeals, a copy
of which was sent to Mr. Harrington.
Upon motion dulymade and seconded, it was voted
to abate 50% of the 2,140 street betterment assessment
levied against lot 23 Volunteer Way owned by Walter S. and
Dorothy M. Harrington.
Upon motion duly made and seconded, it was voted
to adjourn the meeting at 7 :50 P.M.
A true record, Attest :
/ 9 /
cut iveCler 2 Select n
C
rl
Q1
SELECTMEN'S MEETING
November 30, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, November 30, 1964, at 7 :30 P.M. Chairman Cole,
Messrs . Brown, Burnell, Cataldo and Sheldon were pre-
sent . Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present
Hearing w.s declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate four poles
on Hartwell Avenue.
Mr. Serverson, representing theBoston Edison
Company, was the only person present at the hearing
Pole Notices of the hearing were mailed to the peti-
locations tioners, owners of property as listed on the petitioners '
plans and also filed with the Superintendent of Public
Works.
Mr. Serverson explained it is proposed to locate
four poles to put some service into the Sanitary Land
Fill area.
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 3/o pole lo-
cations
o-
cations
Hartwell Avenue, southeasterly side, opposite Maguire
Road, --
One (1) pole
Hartwell Avenue, northwesterly side, at an northeasterly
from Maguire Road , --
Three (3) poles
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate two pales
on Aerial Street .
Mr. Serverson, representing the Boston Edison
Company, was the only person present at the hearing
Notices of the hearing were mailed to the peti-
tioners, owners of the property as listed on the peti-
tioners ' plans and also filed with the Superintendent
of Public Works .
Mr. Serverson explained the petitioners are trying
to fill in the gap and ppt a ring around there to get
better service because of a voltage complaint .
19-T
II
Mr. Cataldo al o asked what the
ro osed pole locations
P P
would serve.
Mr Serverson replied there is a voltage condition
there and it is proposed to put a transformer on one of
the poles. They want a ring in this area
Mr Cataldo said the individual who made the com-
plaint does not want these two poles and said he would
rather live with the problem than to have the two poles.
Mr. Serverson explained the only reason for the
poles is to tie the linethrough so entrance can be
made either way
Mr. Cataldo asked if that was necessary.
Mr. Serverson replied it was ideal from an engi-
neering point and also from a construction point .
Mr. Cataldo suggested waiting until he had an
opportunity to find out what this individual had to pay.
Mr. Serverson said if he ob ects and has a voltage
problem, he will have only himself to blame
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to hold the peti-
tion over for one week
At 7 :35 P.M. , hea ing was declared open upon peti-
tion of the Pinecrest Realty Trust, W tertown Street,
for permission to maintain an underground tank for the Fuel oil
storage of 5,000 gallons of #2 fuel oil. hearing
Notices of the hearing were mailed to the peti-
tioner, owners of the property deemed to be affected
as they appear on the most recent local tax list, and
also advertised in the November 19, 1964 issue of the
Lexington Minute-man
The application was approved by B J Belcastro,
Chief Engineer, Lexington Fire Department .
One gentleman, who neglected to give his name,
said he was pre=ent at the request of an abutter who
had a question about the possibility of a hazard
The Chairman explained installation of fuel oil
tanks is a common thing.
No one else wished to be recorded in favor or in
opposition.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant a license
to the Pinecrest Realty Trust to maintain an underground
tank for the storage of 5,000 gallons of #2 fuel oil
on premises located at 30 Watertown Street
Mr. Cataldo abstained from voting.
The Chairman read a letter from the tate Bureau
1 of Accounts advising that approval has been given to the
4 0
C77
payment of a judgment rendered against the Town of Lex-
ington in favor of Ruth C. Johnson by the Superior
Court of the County of Middlesex in the amount of $2,000.
Mr. Legro explained this is a taking for the sewer
easement and the judgment was entered by agreement of
the 'arties under the authority of the Board of Selectmen
He stated that the appropriation having been exhausted
and the tax rate having been set, he had to apply to
the Director of Accounts for approval
The Chairman read a Petition for Declaratory
Relief begun by B. L. Cummings , Inc.
Mr. Legro explained that the milk inspector after
a series of testing and laboratory reports, he thought
on September 15, revoked Mr Cummings ' license to sell
milk in Lexington. At the request of tye dealer, the
Board of Health held a hearing on September 28 and
granted a temporary permit to October 5, pending further
investigation The dealer applied to the State Board
of Health from the revocation of the license Prior
to October 5, as a result of further tests, the Board
of Health notified the dealer it would not reinstate
his license and that the temporary permit had expired
The dealer brought a petition for Declaratory Relief
against the Milk Inspector and obtained a preliminary
restraining order. He said the Inspector had
filed a complaint to the District Court in Concord for
selling milk withouta license and the dealer was fined
$25. After the petition was brought , the Inspector
again found him in violation and brought him to Concord
Court and th. t is pending. He explained this is another
petition for Declaratory Relief which goes beyond the
officials of the Town and is a very unusual situation.
He advised the Board that there is no action for the
Board to take.
The Chairman inquired as to the status of the
Cummings ' building at 475 Massachusetts Avenue
Mr Legro st .ted that last he heard was that
an inspection of the premises was to be made by Mr
Cummings ' Gray and Mr. Irwin.
property Mr. Cataldo said it was left that Town Counsel
was going to stop at the Registry.
Mr. Legro advised that he has not stopped at the
Registry, and has not received any report
The Chairman asked if the Board knew that Mr.
Cummings has an interest in this property.
Mr. Legro replied that Mr. Cummings admitted to
the Board that he had an interest.
The Chairman asked if the Board could direct any
order to him, and Mr. Legro replied he thought it could
461
He said it was left that Mr. Gray and the Building
Inspector would go down and examine the premises
The Chairman said the Board knows the situation
Iias not changed and it can order him to put that pro-
perty in more suitable condition. He said Mr. Cummings
agreed that within two weeks he would have the building
boarded up.
Mr. Gray explained that the question of issuing
the order came on the title
Mr. Sheldon suggested that the Board serve a letter
on Mr. Cummings and give him two weeks to do something
or the Board would take him to Court or whatever is
necessary
Mr. Legro suggested that the Board review the
records. He said another hearing may be necessary.
Mr. Sheldon said the Board could review this and
have Mr. Cummings in next Monday night
Upon motion duly made and seconded, it was voted
to hold a hea ing on the conditions of the property at
475 Massachusetts Avenue, on Monday, December 14, 1964,
at 8:00 P.M.
The Chairman read a letter from Franklyn J. Crosby,
30 Baker Avenue, dated November 19, 1964, requesting
the Board to ask Town Counsel for his legal opinion in
regard to General Laws, Chapter 268A Crosby
The Chairman also read a letter from Mr . Crosby, inquiries
dated November 23, 1964, questioning the legality of
Article 14 in the warrant for the Special Town Meeting.
November 23.
The Chairman said if it is the Board 's decision,
everything would be put in writing; a letter would be
written to the Town Counsel to obtain answers to the
various questions Mr. Crosby has raised.
Mr. Cataldo stated that Mr . Crosby is asking the
Board to request a ruling from Town Counsel .
The Board authorized the Chairman to take care
of the matter.
The Board received a copy of Mr. Legro 's letter
to Mr . Carroll, Superintendent of Public Worksin re-
gard to Elsie M. Miller v Town of Lexington Middlesex
Superior Court No . 257001
Upon motion duly made and seconded, it was voted
to abate the entire sewer betterment assessed against
the property of Elsie M. Miller at 134 Burlington
Street, Lexington, in the amount of X850.42 together
with 1963 and 1964 committed interest in the amounts
of $33.05 and $32.32, respectively, and including the
1963 and 1964 apportionments of $42.54 and $42.52,
respectively
462
17-1
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating, or voting on ;tatters which, if
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation of
Executive any person.
Session Following a discussion with representatives of
Whitman & Howard, a legal matter with Town Counsel and a
land taking damages claim, it was voted to resume the
open meeting
Mr. Legro retired at 8:30 P.M.
The Chairman read a letter from Robert F. Strong,
11 Manning Street, Lexington, applying for abatement of
a street betterment assessment in the amount of $881
Strong levied against his property, 11 Manning Street
street Mr. Carroll presented a plan and indicated Mr.
betterment Strongts property. He also indicated to the Board
the amounts assessed against other lots on the street
Mr. Strong was present at the meeting.
Mr. Cataldo asked if the easement shown on the
plan was the lot line and Mr Carroll replied in the
affirmative.
The Chairman asked if all betterments were assessed
on just the frontage.
Mr. Carroll explained on streets, which is the subject
being discussed, everything is assessed on the frontage.
Mr. Strong said the easement extends all down one
side of the property line, is five feet wide, the full
depth of the property.
Mr. Carroll explained that this easement has nothing
whatever to do with the street construction and was taken
eight years ago.
Mr. Cataldo asked if the brook was piped in, and
Mr. Carroll replied in the affirmative.
Mr. Cataldo said Mr. Strong was making the basis of
his application, the fact that he has a pie-shaped lot
Mr. Utrong said the house was built probably after
the easement was put through. He said he has no ob-
jection to paying $8.00 per foot but he is unhappy about
the fact that with the amount of frontage he has, he
has such a small amount of yard. He said in addition
to the land area being small, he also has the easement
on the side which does prevent him from any expansion
or enlarging which he was intending. He said if the
lot were more of a standard width, be would nave no ob-
jection whatever. He said the frontage is out of pro-
portion to the area inside He stated if it is the Town' s
policy to consider such things and an abatement is in
order, he would like to be considered.
tot)
The Chairman asked if the Board had anything such
as this in the past, and Mr.Carroll replied not to his
knowledge, on a street.
Mr. Burnell asked how this would be handled on a
cul-de-sac
Mr. Carroll replied on the frontage. He said the
Board has received requests for abatements of sewer as-
sessments levied on pie-shaped lots, but not on streets .
Mr. Strong stated he purchased the house and the
lot knowing w hat he was getting into, and the street was
not built at that time . He said since it is an odd
shaped lot, he was hoping the Board would consider an
abatement
Mr. Carroll asked if Mr Strong digned the petition
for acceptance of the street
Mr. Strong replied in the affirmative and said he
thought the frontage was out of proportion and his price
per frontage was objectionable
The Chairman asked if Mr Strong was objecting to
the method of assessment, and Mr . Strong replied in the
affirmative.
Mr. Burnell said there must be a pattern of handling
these
Mr. Sheldon explained the pattern is the Town dharges
for the frontage foot .
Mr. Cateldo explained if the board changed the pattern
just on this street , there would be three types of assess-
ments .
Mr. Brown pointed out the Board could run into this
situation on every street accepted by the Town.
Mr Cataldo said unless the Board could find anything
different, and he knew of iothing different, this is the
Board ' s normal procedure to go on the front foot formula
Mr. Sheldon said he agreed
The Chairman asked Mr. Carroll to look through the
records and see if anything similar to this has come up
in the past
Mr. Strong and Mr. Car oll retired at 8:40 P.M
Mrs . Morey, Mr . Richards anc Mr. Hoyt of the Human
Relations Study Committee met with the Board, discussed
progress of their st ,dy and retired at 9 :25 P.M
Chief John W. Rycroft, Lexington Police Department,
met with the Board
He said the matter of holiday pay has never been
straightened out as to how he is going to operate He
stated that the Fire Department and his department are
the only two that run into this type of trouble He
46)4 ks)
t7t
explained his men work in a full day, certain days in
a week, sixteen hours They go to work at midnight
until eight in the morning and come back again at four
and work until twelve That gives them sixteen hours for
that day The next day, they come in at four and work
until twelve He said the Board could forget about the
day men. They work eight hours
He said this is what can happen and is happen&iag
A man who will come in at midnight on the eve of which
will then be a holiday. He works until eight in the
morning of the holiday. He is due to ccme in again at
four and therefore calls in sick if a person who does
not work on the holiday when he is supposed to work, be-
cause he is sick, he does not get that day's pay If a
man does work intil eight in the morning and does not
come in in the afternoon, give him half a day. If a
man working thus does not work the day time, he loses a
day 's pay. He said anyone who is supposed to work six-
teen hours and only works eight should get only one half
a day's pay for the holiday He will get his pay for
sickness anyway.
Mr. Gray said if the firemen do not work the day
before, they are not paid. They have to work the day
before to get the next day
Mr. Cataldo asked abut the men who was sick two
or three days
The Chief stated he was not going to pay him This
is something as a gift, and has nothing to do with his
base pay.
Mr. Cataldo said the Chief wanted to stop someone
from calling in sick when they are not, and still get
their pay for the holiday He asked about penalizing
the fellow who is really sick
The Chief said he thought this was the only way to
do it .
Mr. Sheldon asked how long the men were sick before
a doctor' s report was required
The Chief replied they have fifteen days a month to
go to 90 days, and said the Town sets up the sick leave
Mr. Sheldon said he ws under the impression the
Fire Department did not let it go much more than a day
without getting a medical report
The Chief said that has never worked out very well
under Civil Service
Mr Burnell said if an individual is out all together
too much in his place, he is let go, which is the only way
to handle it
The Chairman said the Chief is suggesting if a man
works only one day shift that he get one-half day' s pay.
If they work both sifts, they get two days ' pay
465
Mr. Sheldon asked if this was a ruling that the
men will feel is a fair ruling and like it
The Chief said he has nit run into this. He said
men who always work will think this is fair He stated
this is an opportunity to stop toe abuse and he thought
he could live with this rule . He said if a man is really
sick, he could always come back to the Board and ask it
to make an exception
Mr. Carroll asked if the Board would receive any
complaints and said the policy adopted by the Board says
an employee shall have worked the day previous to or after
the holiday or .Ihich is authorized leave
Mr. Gray said this ruling under discussion does
not affect any department other than the Police Department
Mr. Gray said the Board is on record that the Police
and Fire are on the same schedule for holidays as anyone
else
Mr. Cataldo said the Board left it to the juris-
diction of the Chief; the Fire Department has its own
setup.
The Chief stated that last year there was no one
sick, so there was no problem
Mr. Sheldon said as far as he is concerned, he would
so with the Chief.
The Chief said the men are paid for seven days a week
They call in sick. They have fifteen days a year accuma-
lative to ninety This is something given by the Town
and he thought he had the right to govern it . He said
he was making it retroactive
Mr Burnell said the Board is on record that these
employees will get holiday pay and it has nothing to do
with their working schedule It was taken out of the
working schedule because it was so cumbersome to handle
The men were to get all these agreed holidays, to be
paid twice a year
The Chief said nothing was said about 4hen to pay
the men They asked him to hold it until the end of
the year in December.
Mr. Cataldo said when the Board voted holiday pay,
the Chief mentioned someone calling in sick and the Board
told him it would leave it up to his discretion
Mr. Gray read a memo which was sent to the Chief
and to the Fire Deprtment .
The Chief said he wanted a letter stating exactly
what the Board has agreed to
Mr . Cataldo said if the Board does this , then the
Fire Department has the other in operation and the fire-
men will come and say they want their pay. He said the
Board left it, at the time , to the discretion of the
dep -rtment heads and all the Chief is asking is for the
-466
Board to back him up if he administers it this way
Mr. Gray suggested that the Board make score how the
Fire Department is handling this .
The Chairman said the Board left the handling of
holiday pay under the jurisdiction of the department heads.
Mr Gray said the point he wos making is the Board
has a memo that the men know about, and they are all under
the impression they son't get paid if they call in sick
Mr Cataldo said the answer will be the Board left it
up to the discretion of the Chief. He said if these
fellows did not call in sick, there would be no problem.
This does not affect the individual who comes in to work
The Chairman asked if the Board wanted to leave the
administration of holiday pay up to the department heads
The Chairman stated that the Board has delegated
authority to the department heads to handle this and how
they handle it is up to them.
Mr. Brown questioned making it retroactive to the
first of the year .
Mr. Sheldon said the Chief has good reasons for
wanting to do it this way; it is his problem and he would
go along with him.
Mr . Cataldo said the Chief spoke to the Chairman
about the School problem and asked if he sent the Com-
mittee a letter rsking it to meet with the Board next
week He said the Board was goingto set up a joint
meeting with the School Committee, Standing School
Building Committee and School Sites Committee and sug-
gested having the School Committee in a little earlier.
The Chairman asked if Mr. Cataldo wanted the Chief
in at the same time, and he replied just to meet with
the School Committee.
Chief Rycroft retired at 10:00 P.M.
Messrs . Legro, Town Counsel, and Carroll, Super-
intendent of Public Works, returned to the meeting
Mr. Carroll reported that Frederick Maloney is
Sick still out sick and both vacation and sick leave is ex-
leave - hausted Mrs. Maloney told him today she does not
know how much longer Mr. Maloney will be out.
The Chairman asked if Mr. Carroll was asking for
an extension of Mr. Maloney's sick leave and he replied
in the affirmative.
Upon motion dulymade and seconded, it was voted
to extend Frederick aloney' s sick leave through
December 31, 1964.
Mr. Carroll asked the Board what it wanted to do
about the public Works Building, money being made avail-
able for plans -ind specifications .
ft
The Chairman said the Board 's idea is it will Public
probably want this barn with additions and alterations Works
then it will bring in some of the opposition - the Building
Appropriation Committee and Capital Expenditures Com-
mittee.
Mr. Cataldo said theBoard was not going to have
a committee .
The Chairman suggested a committee consisting of
a member of the Appropriation Committee, a member of the
Capital Expenditures Committee, a member of the Board of
Selectmen, Mr Gray and Mr . Carcoll
Mr. Cataldo said there is no question but the
Board should talk to these people He suggested that
the Board should decide what it is going to take out of
the Town Office Building to go up to the Public Works
building, if anything He said secondly the Board
should sit down with the Appropriation Committee and
the Capital Expenditures Committee and tell them this
is what we have in mind . The Board is going to look
at other installations and talk with an architect
He said the Board could keep these two committees in-
formed as it goes along, but should have some answers
first
Mr . Sheldon said the Selectmen' s thinking should
be clearer than his is at the moment
Mr C taldo said the Board should decide first if
it is going to move anything from the Town Office Building,
Mr. Sheldon suggested that first Mr. Gray and Mr
Carroll discuss this and then the Board could think about
what it wants He said when some preliminary work has
been done, the Board could then invite these two com-
mittees in
Mr. Brown suggested that Mr. Carroll think of this
simply on the mechanical facilities at the barn and
then what it would be to move something from the Town
Office Building.
The Chairman said if these two committees were
represented in the beginning, the Board would nave a
better chance to have no opposition.
Mr. Carroll stated there is much hard feeling from
both groups toward the Board of Selectmen. He said he
would have no objection to having these people work with
him. He said letters informing them of what is being
done could be written, but would not give any better
knowledge than having someone from each group on a com-
mittee. He felt it would be to the Selectmen 's advan-
tage to have these two groups understand what is going
' on
468 $:,G
1.
►pN
36,4/�
Mr . Brown said he agreed with Mr. Carroll
Mr. Gray said the support of both groups was needed
Mr. Cataldo said the Board might get them in and
ask them if they would like to serve, but the Board
should have some decisions made, before getting these
two committees involved, about what is going to be
moved from the Town Office Building.
Mr. Carroll said he did not think the Board could
arrive at a logical decision on what is going from the
Town Office Building unless it makes some studies
Mr . Cataldo said the Engineering Department is going
to grow, and asked if the Town Office Building were ex-
tended if there would be sufficient space to set it up
as Mr. Carroll would like to have it.
Mr. Carroll replied unless someone proves to him,
and no one has yet, the Engineering Department is tied
into the Town Office Building. He said he felt it
should remain in the general area oftthe Town Office
Building. He said this goes for his own personal
office also.
Mr . Sheldon asked if Mr. Carroll and the Engineering
Office remained in the Town Office Building, what would
be left to move
Mr. Carroll said that is the question He said
his feeling is there is too close a tie between the Engi-
neering Department and the other two buildings to satisfy
the people of the Town. He explained that an attempt
was made to find out how many people coming into the Engi-
neering Department also went to other offices in the
building. He said it would be very awkward for an indi-
vidual getting a building permit to have to drive to the
Engineering Department . He said someone from the Engi-
neering is always going over to the Assessors . At least
every day someone goes to the Assessors ' Office . He
said it would be inconvenient for the public as well as
the Engineering Department to move it to the Public
Works Building.
Mr. Cataldo asked if he agreed that Mr. Colella
and Mr. Mazerall could be moved to the Yuhlic Works
Buildire.
Mr. Carroll replied in the affirmative and said
that would mean only a couple of desks .
Mr. Cataldo said office space would have to be pro-
vided at the Public Works Building for whatever is moved
from the Town Office Building, and moneywise nothing would
be gained.
Mr. Cataldo said even if the Engineering Department
were moved, the Town Office Building has to be enlarged .
Mr. Carroll stated that at least ten times a day
the Assistant Town Engineer is in his office or he is in
the Assistant 's Office
469
Mr Cataldo said the Board should nave an architect
in and he would tell the Board how much it will cost.
Mr. Carroll said it is not entirely a matter of
cost, that some thought has to be given to the convenence✓
of the public
Mr. Sheldon suggested that the committee study that
phase also .
Mr . Burrell said one procedure is to call in these
groups and set up a committee with Mr. Carvoll and Mr.
Gray forming the special background
It was agreed to invite the Appropriation Committee
and Capital Expenditures Committee Chairmen to meet with
the Board on Monday, December 14, at 8 :30 P.M.
Mr. Carroll retired at 10 :20 P.M.
The Chairman read a letter received by Mr. Carroll,
Town Clerk, from Irving H. Mabee, a member of the Stand-
ing School Building Committee, in which he disclosed his Exemption
financial interest in a contract which may be made by
the Standing School Building Committee for the construction
of the proposed MiddlOy Road School or the proposed
Moreland Avenue School
Upon motion duly made and seconded, it was voted
to approve the exemption of Mr. Irving H. Mabee ' s interest
from Section 20, Chapter 268A of the General Laws
The Chairman read a letter received by Chief Rycroft
from Officer Albert W. Koch, resigning from the Lexington ResignEtior
Police Department.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $325 from the Reserve Fund to the Planning Board Transfer
Expenses Account , having been advised th t this amount
will be needed by that Board for the balance of the
year.
The Chairman read a letter from Mr. Donald K. Irwin,
Building Inspector, advising that he has been elected
to the Security Committee of the Arlington Cooperative
Bank. One of the duties of the committee is to survey Building
mortgaged properties which he explained is customarily Inspector
done during the normal working day and requires from
one to three hours .
It was agreed to ask Mr. Irwin to meet with the
Board on Monday, December 7, 1964, at 9:15 P.M. , to
discuss the subject
4 7 00
1 -
Upon motion duly made and seconded, it was voted '
Resignation to accept with regret Mr. John J. Rudd 's resignation as
a member of the Town Celebrations Committee .
Upon motion duly made and seconded, it was voted
to re-appoint Mr. Philip B. Parsons a regular member
Appointment of the Historic Districts Commission for a term expir-
ing January 1, 1969. (The Clerk to contact Mr . Parsons
to find out whether or not he will accept 7
Upon motion duly made and seconded, it was voted
' Appointment to appoint Mr Donald White, 212 East Street, an Associ-
ate Member cf the Historic Districts Commission for a
term ending January 1, 1968, to replace Ralph Burnham.
Upon motion duly made and seconded, it was voted
to grant permission to the Minute Man Highlands Associ-
Use of hall ation to use Estabrook Hall for its annual meeting on
January 30, 1965 from 8:00 P.M. until 10:30 P.M. , free
of charge, but subject to a fee of $3.46 per hour for
custodian's overtime services .
Upon motion duly made and seconded, it was voted
to grant the following licenses , satisfactory references
having been received from the Police Department and the
Board of Health:
Howard D. Johnson Co Common Victualler
Brewster 's, Inc . It it
Heritage Room Restaurant
Pine Meadows Country Club " "
Licenses Regent Delicatessen
Lexington Motor Inn, Inc. Innkeeper ' s
Robert J . Dubin Second Class Agent
Lexington Liquor Mart Inc. Package Goods Store
Joseph Trani, Incorporated "
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on November 23, 1964.
Mr. Gray reported that he had received a request
from the Battle Green Chapter, Order of De Molay, for
permission to operate a food concession at the Santa
Claus parade on December 6
Upon motion duly made and seconded, it was voted
to advise the Order that the Board has no objection
providing the booth is not located on Town property
and permission is obtained from the owner of the pro-
perty where it is to be located .
471
Mr . Gray referred to an offer for the purchase of
tax title lot 79 Valleyfield Street and read a report
he received from the Planning Board . He also advised
the Board that an appraisal of $600 had been received
from Mr. Berglund Tax title
Upon motion duly made and seconded, it was voted
to request Mr. DeVito to make a firm offer.
Upon motion duly made and seconded, it was voted
to adjourn the meeting at 10:45 P.M.
A true record, Attest
/
-Eiive lerk Select n
4727
Mr
SELECTMEN'S MEETING
Deoember 7, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 7, 1961 , at 7 :30 P.M. Chairman Cole ,
Messrs . Brown, Cataldo and Sheldon were present. Mr.
Legro, Town Counsel, Mr. Gray, Executive Assistant ,
Mr. L.arroll, 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-
cussing, deliberating or voting on Tatters which, if made
public , might adversely affect the public security,
Executive the financial interest of the Town, or the reputation
Session of any -)erson.
Following discussion with Town Counsel pertaining
to a tax titl' lot, complaint of incident at the Sani-
tary Land Fill area, the Town-owned property at 561
Massachusetts Avenue, letter from the Fire Commissioners
re tanks in Cary Memorial Building, building of the
1775 Trust, it wa.• voted to resume the open meeting.
Mr. Legro retired at 8 :10 P.M.
The Capital Expenditures Committee met with the
Board .
Mr. Van Boughton said the committee wanted to get
from the Selectmen an expression or opinion for the
capital expenditures budget for the next few years
and an expression of when the committee should budget
Vile Town barn changes and nything else the Board might
have . He explained the committee is trying to have a
Capital Ex- report ready to present after the first of the year.
penditures Mr. Sheldon asked if the Committee WFS thinking
Budget of a five-year period and Mr. Boughton replied in
the affirmative
Mr. Boughton said the most immediate question
is when should the committee budget the money for the
Town barn. He explained the committee is not concerned
about public works ' matters because it has gone over
these with Mr. Carroll
Mr . Cataldo asked if Mr. Carroll had given the
committee the parking lot.
Mr. Carroll stated it was discussed the la 't two
years, but he neglected to discuss it this year The
figure he had in his budget was 520,000 not including
any land taking costs .
473
Mr. Cataldo said what the committee wants to know
is what is to be discussed next Monday.
The Chairman stated the Selectmen will hold a
meeting next Monday withthe Chairman of the Appropri-
ation Com. ittee and the Chairman of the Capital Expendi-
tures Committee, although the members of the committee
are welcome to attend
Mr. Boughton said he was talking about a budget
and did not have to have t'ommitments
The Chairman stated the Selectmen have agreed to
discuss the parking lot, whether it will be the entire
length is another question.
Mr Boughton explained his committee would like
to present things to the Board but cannot do so unless
it knows what the Board is thinking about
The Chairman stated it is the Board's intention
to have a good rapport with the Capital Expenditures
Committee and tho Appropriation Committee, but before
that, it has to have a good rapport with itself.
Mr. Longley said the committee would like to know
it, if the Board is thinking about something within
the next five years . He said the extension of the
Town Office Building came up when the Town barn was
mentioned, and stated that the Board should be getting
some idea when this crisis time is approaching
The Chairman said the Board has to have its
thinking firm on it and then give it to the committee .
Mr. Cataldo said what happens to the Town Office
Building depends on what happens to the Public Works
Building. He said the Board has to decide what is
going from here, if anything.
Mr. Boughton asked if the meeting next week is to
discuss the Town barn
The Chairman said the Board wants to talk to him
about it
Mrs. Rawls said the Board has talked about this
as something put off for years and suddenly it has come
to the point where it can't be put off. She said she
felt something like this should be mentioned in the com-
mittee 's budget. If it is something that has to be
put off, all right, they can change the timing, but
she felt it was a good idea to know thongs are coming.
Mr. Bo ghton asked if this was something that
cold be postponed five years or should it be shown
in the budget
The Chairman asked how much the Committee 's report
would be held up if it did not have the answers until
next week.
Mr.Boughton replied not too much in one week.
The Chairman said the Board may want to expand this
building and find out it cannot do it.
474 4n
Mr. Boughton said the committee is not interested
in pushing the Board into expenditures, but it does
thing the best balance may be found if all these things
are put out where the committee can work on them.
Mr. Longely said the committee should dave the bene-
fit of the Board 's thinking on this public facilities
building He asked about expansion of the library
Mr. Brown advised that the Library Facilities Com-
mittee has taken the expansion under study and it may
be more than three, four or five years away. He ex-
plained this is his personal opinion as the report has
not come beck
The Chairman said the Board would have two or three
things to discuss with the committee next week, and if
the Board was not giving it any information tais even-
ing, it is because the Selectmen are not firm in their
own minds what recommendations they are going to make.
Mr. Cataldo explained that Mr. Carroll has wanted
for two years to spend money on the Town barn to make
minor temporary changes The Board felt rather than do
this, it should have plans for alterations and have a
study made so as to go in the right way
Mr. Boughton said it was a real need last year and
maybe the year before, and it should have been listed
in the picture He said some things, such as the Town
Office Building, can be foreseeen
The Capital Expenditures Committee retired at 8 27
P.M.
Request for permission to move a dwelling was re-
ceived from the Merry Contracting Service, Duxbury
Mr. Gray explained that there has been correspondence
on this as the first letter did not give the route or the
description of the building.
Permit Mr Carroll said it looks fairly routine.
= Mr. Gray stated they are planning to move the build-
ing on December 15 and the only street he is going on
in Lexington is down Waltham Street .
Upon motion duly made and seconded, it was voted
to grant the request, subject to approval of Mr Gray,
Mr . Carroll and Chief Rycroft
Further consideration was given to Mr. Robert F.
Strong' s request for abatement of a street betterment
assessment in the amount of $881.00 levied against his
property at 11 Manning Street .
Motion was made thatthe request be denied
Mr. Strong was present at the hearing and stated
he moved from Arlington where he also had a pie-shaped
't 5
lot. There he requested an abatement when the street
was put through and it was granted. He said when he Betterment
made the remark last week, he went into this with his assessment
eyes open, it was true, but he came from a town where
he was granted relief because of an unusual situation
He stated he is approaching his second appeal to the
Board of Appeals to enable him to erect a garage Mr
atrong also questioned Mr. Carroll's record of frontage
Mr. Cataldo informed him that the Assessors ' map
shows 100 feet He explained this is not an unusual
situation - having a pie-shaped lot and the land is
bettered on the front foot regardless of the back lot.
He said as far as the Board can determine , there never
has bren any relief granted to anyone with an irregular
lot and he would be opposed to establishing a precedent
Upon motion duly made and seconded, it was voted
to deny Mr Robert F. Strop� 's request for abatement
of a strep t bettermATE7 P1meffle amount of $881 levied against
his property at 11 Manning Street
Mr . Strong retired.
Upon motion duly made and seconded, it was voted
to go into Exectitive Session for the purpose of dis-
cussing, deliberating or voting on matters 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 with the Board of Assessors,
it was voted to resume the open meting
Petition for i/o pole locations on Aerial Street
was held over . Mr Cataldo wanted an opportunity to Pole
discuss the need of the poles with the Boston Edison location
Company
Mr Carroll reported on the status of the Snow
Removal Account and advised the Board that he needed Transfer
an additional $8,000
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $8,000 from the R serve Fund to the Snow Removal
account .
Mr. Carroll referred to property owned by Joseph
and Elizabeth McDonough, 94 Grove Street, described as
Lct 1. He explained that a sidewalk was built and a
betterment assessed along the entire frontage of this
lot, and the amount assessable is fifty-five feet be-
cause old Grove Street is in front of the property
These peo -le were assessed for 168 feet andactually
only fifty-five feet is usable sidewalk. He recommended
abating $113 for 113 feet
(Sidewalk Upon motion duly made and seconded, it was voted
abatement to abate the sidewalk betterment assessment levied
against property owned b" Joseph and Elizabeth McDonough,
914. Grove Street , described as Lot 1, in the amount of
$113.
Mr. Carroll said there was some question today on
plowing sidewalks up in the Turning Mill Road area
Mr Cataldo said last year the decision was made
to study tree entire sidewalk plowing situation before
Sidewalk adding any additional areas to the route. He said he
plowing could not see any volume of traffic in thisparticular
area other than what is generated in the neighborhood
He said before anything is done, the Board should look
into the entire program
Mr. Carroll advised that there are nine miles of
sidewalks the Town does not plow at the present time
out of a total of forty miles.
The Chairman said he received a telephone call last
evening from Lee Whitman and he simply called the barn
The Answer was that they do not plow sidewalks in sub-
divisions
Mr . Carroll said that was not a very good basis
because if there is a need, the sidewalk should be
plowed. The question is whether the need is there.
Mr. Sheldon mentioned discussing the subject with
the School Committee before taking on any more footage
Mr Cataldo said every sidewalk is plowed that would
eliminate a bus
Mr. Carroll explained every sidewalk the Town installs
is plowed Every sidewalk for which the Town has appropri-
ated money is automatically plowed He suggested plowing
sidewalks on Town ways connected to public ways which
would necessitate the purchase of another sidewalk tractor
at a cost of approximately $5,000
Upon motion duly made and seconded, it was voted
to review the entire program of snow removal on sidewalks
to determine whether or not any change is to be made
Mr. Carroll said he would send a copy of the map
showing the areas presently plowed to the School Com-
mittee and ask for recommendations and information rela-
tive to the number of pupils using the sidewalks and
whether or not the sidewalks eliminate school buses
The Chairman read a letter from Mr. Carroll rela-
Salaries tine to salaries for 1965, and said the letter would
be given consideration. He said this brings up a
broader problem, and the Board would have to begin
477
Saturday morning meetings on budgets to get some policy
in general
Mr. Cataldo said before the Board gets into budgets
he thought it could look at the situation better if it
sat down with the different department heads plus getting
a good insight as to just what the School Department
has in its setup
Mr . Gray asked if it would help if the Board
authorized him to call a meeting of all the department
heads and have minites of the meeting kept - get in
writing what they want, also get a copy of the School
Department 's salary schedule for non-certified personnel
The Chairman said this is a policy decision of the
Board of Selectmen
Mr Cataldo said he would want to be present and
hear what the department heads have to say Even if
such a meeting were held during the day, he would plan
to attend
Mr. Sheldon said he thought the Board should talk
to the department heads even if it meant meeting on a
Saturday morning. He said he felt the Board owed
the department heads that opportunity
It was agreed that Mr. Gray should send a memn to
the department heads and arrange appointments at half
11 hour intervals on Saturday morning, December 19, begin-
ning at 9:00 o 'clock
Upon motion duly made and seconded, it was voted
to approve the following j/o pole locations, Mr. Carroll
having advised the Board he had no objections :
Page Road, southeasterly side, northeasterly from a
point approximately 100 feet northeast of Pole
Bryant Roac , -- locations
Seven (i ) , guy
(7) poles, wire and anchor
p
on sixth and seventh poles
Fairbanks Road, northeasterly from a point approxi-
mately 110 feet northea t of Shade Street ,
Twenty- (20) poles
Sanderson Road, southerly from a point approximately
28 feet
south of Bryant Road, --
Three (3) poles Guy wire and anchor
on
3rd pole
San4erson Roau , northerly from a point approximately
29 feet north of Bryant Road, --
Five (5) poles Guy wire and anchor
on 5th pole
478 -
en
tr
Feseenden Way, southeasterly side, northeasterly from
a point approximately 10 feet northeast of
of Rolfe Road, --
Eight (8) poles
Tufts Road, northwesterly side, northeasterly from a
point approximately 16 feet northeast of
of Fairbanks Road, --
Fifteen (15) poles
Blake Road, southwesterly side, approximately
20 feet southea^t of Nowers BtreFt, --
One ( 1) pole
Upon motion duly made and seconded, it was voted
to certify the character of Charles A. Whipple, 1 Upland
Road, who has applied to the State for a Certificate of
Incorporation, satisfactory character reference having
been received from the Chief of Police
Upon motion duly made and seconded, it was voted
to certify the character of Seven J. Dostou, 21 Winchester
Cert . of Drive, who applied to the State for a Certificate of
Inc Incorporation The original certification mailed to the
State on October 6, 1964 we's misplaced in the Secretary's
office
The Chairman r=da,d a letter= TfOtn Mns .'- Marl C'a4a1,
Social Worker, requesting approval of an expdnditure
Transfer of $50 from the Gemmel Trust Fund to purchase Christmas
plants or gifts to recipients in hospitals or ntrsiing
homes.
Upon motion duly made and seconded, it was voted
to request the Trustees of rublic Trusts to consider a
transfer of $50 from the Jonas Gamel Trust
Upon motion duly made and econded, it was voted
Common to grant Common Victualler licenses to the following
Victualler individuals
Licenses
Hancock Market Bellino Coffee Shop
Woodhaven Country Store Colonial Store
Baker Avenue Variety
Upon motion duly made and seconded, it was voted
to grant Taxi Driver Licenses to the following indivi-
duals
Taxi Driver Warren Modoono, Andrew Gnoza, Robert E. Ross, Isabelle M
Licenses Kitson, Charles L. Wilcox, William E. Anderson, George W .
Blaisdell, Raymond E. Dalrymple, Mark C Aldrich, Peter L
Galipeau, Ronald E Richan
4179
Upon motion duly made and seconded, it was voted to
grant Taxi Driver Licenses to Warren C.Modoono, 191
Woburn Street, Lexington, and Andrew J Gnoza, III' Licenses
200 Springs Road , Bedford, for a period of sixty days
Upon motion duly made and seconded, it was voted
to sign Liquor License for Buss Bros Liquors, Inc Liquor
subject to the aprroval of Alcoholic Beverages Control License
Commission
Upon motion duly made and seconded, it was voted
to approve the minutes of tae Selectmen's Meeting held Minutes
on November 30, 1964
At 9 :45 P.M , Mr Donald K. Irwin, Building In-
spector, met with the Board
He referred to his letter of November 27, 1964
relative to his appcintinent to the Security Committee
of the Arlington Cooperative Bank, and said he merely
wanted to keep the Board informed and was not a question Building
of asking for the Board 's sanction Since writing the Inspector
letter, he ha attended two meetings of the committee
and found that the information in his letter was not
accurate The two meetings he has attended lasted one
U hour and ten minutes or one hour and twenty minutes
which he understands is about average A change of
time of meetings is going to be discussed and he felt
it will be nearer the noonday period which will run
into the lunch hour
Mr. Sheldon asked if this involved going out and
inspecting property
Mr. Irwin replied in the affirmative and said it
is an inspection of mortgages, but the amount of busi-
ness is not large . It does involve a little daytime
activity
The Chairman asked if Mr. Irwin intended to do
this in conjunction with his Town work
Mr. Irwin replied it was not his intention. This
would be done on his own tume, and any time spent would
be made up.
The Chairman asked if there was any possible con-
flict of interest
Mr Irwin replied personally he did not think so,
and stated the majority of the bank' s business is out-side
of Lexington
Mr. Irwin retired at 9 50 P.M.
Mr Cataldo said the Board should get a recom-
mendation from the Traffic Study Committee on the effect
4V) ,t1
adn.
of the public facilities building in the location the
Committee is proposing . Upon receipt of the recom-
mendation, the committee should study it
Mr. Gray was requested to arrange a meeting of the
Traffic Study Committee
Mr Cataldo said the Board should get recommendations
and then have the Public Facilities Building Committee in
Mr Sheldon said the committee might might do better
Town Meeting if it had an alternate building
Mr Cataldo said there are some questions, such as
to what degree the Chamber of Commerce is involved
Mr Sheldon said this has grown quite apart from the
intent.
Mr Cataldo said he did not think any accommodations
have been made in the building for children and all these
things should be brought to the attention of the committee .
The Chairman said #1, the Board wanted the Traffic
Study Committee to make recommendatirns and #2, arrange
a meeting with the Public Facilities Committee
The Chairman said evidentlythere is a conflict in
the office of the Secretary of tate in regard to the
,Lexington Lexington Housing Authority, and it is necessary for the
Housing Board to re-appoint the members who will have to run for
Authority office again at the annual election in March
Upon motion duly made and seconded, it was voted
to re-appoint the following individuals to t.ie Lexington
Housing Authority
Albert W. Hruby 36 Williams Road
Burton L. *Williams 17 Dane Road
Temple E. Scanlon 62 Ledgelawn Avenue
Edwin A. Bennett 52 Grove Street
Mr. Gray mentioned the Town' s liability in regard
to use of the former dump site on Lincoln Street by the
Junior Chamber of Commerce for burning Christmas trees
Mr. Brown explained that the Jaycees could provide
Christmas liability coverage.
g
trees Mr. Cataldo said all he wanted was to protect the
Town
Mr Brown said the Board could approve use of the
site subject to the Jaycees providing liability coverage,
plus a statement that the Town is absolved of any liability
He mentioned $50,000/$100,000 coverage
The Chairman said the Board should have the Jaycees
provide suitable liability coverage and absolve the Town
of any liability He said the Board could put a mini-
mum of $50,000 - S100,000
40'4
Mr. Gray reported he had checked General Laws in
regard to a Dog Leash Law He explained anything the Referendum
Board might place on the ballot would be an expression Article
of opinion only, and any By-Law:would have to be adopted
by the Town Meeting
The Chairman said this should be on a preferential
referendum and there should also be an article in the
warrant
Mr. Gray reported th. t he could find nothing in the
statute that gives the Town authority to prevent hunting
or any provisions whet eby this could be brought up for
a vote of the Town Hunting
Inasmuch as the Hunting Committee created last Committee
spring has been very successful, it was agreed to take
no action on the subject at this time
Mr. Gray reported th 't he received a letter from
Brewer & Lord requesting instructions as to the dis-
position of the commissions which have accrued on the
Town' s insurance schedule
Upon motion duly made and seconded, it was voted Insurance
that the following agents are to receive 6 .25%
W. Dana Bartlett, W . S. Couette, John F. MacNeil,
Charles F Vaughan, J. Quinton Rush, Pied Hersom,
John D. Becjwith and Milton F. Hodgdon.
Mr. Brown abstained from voting
Mr. Gray reported that he received a request from
Harry Sullivan for adjustment of a street betterment
assessment in the amount of $1,645 levied against pro- Sullivan
perty owned by him on Volunteer Way. He explained the betterment
Town made a land taking for the turnaround Mr
Sullivan does not want to go to Court and feels some-
thing can be worked out. He said he would like to
refer this to Town Counsel .
Upon motion duly made and seconded, it was voted
to close the warrant for the Annual Town Meeting, March, Warrant
1965, on January 8, 1965
Upon motion duly made and seconded, it was voted
to invite bids for printing 600 and 700 copies of the Town Report
1961+ Annual Town Report
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of X1,075 from the Reserve Rund to the Elections- Transfer
Jurisdiction Selectmen Account The shortage in this
account is due to the Special Town Meeting held on
482Cr-
tr
June 8, and the Town Meeting within a Town Meeting
requested by the Superintendent of Public Works, an
unforseen expenditure of $2,383.40
Upon motion duly made and seconded, it was voted
to adjourn the meeting at 10 25 P.M.
A true record, Attest
Cler , Selec en
I
4183
SELECTMEN'S MEETING
December 14, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 14, 1964, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present .
Having been notified by the Town Clerk's Office
that it would be necessary to draw tke jurors, the Board
drew the names of the following individuals to serve Jurors
on Jury duty: H. Gordon Buchanan, 15 Red Coat Lane,
and George V. Colby, Jr. , 7 Hawthorne Road.
Mr. Carroll made a report on the water leak survey
for which $8,000 was appropriated last year and in- Water leak
formed the Boa-d that one leak alone almost paid for survey
the survey. He advised that nineteen leaks of varying de-
grees were discovered and it is the intent to do the entire
system. However, further work has been postponed until
next year.
Mr.Carroll re iobted that hey MraLtatabdorl ndrMr.
Robert Jones, of Whitman & Howard, met with the Bedford
Board of Selectmen last Wednesday evening in regard to
the sewage problem. The Bedford Board was advised Bedford
that if it had any idea, in the future, that they wanted sewage
to exceed the 800 gallons a minute flow in the contract,
they would have to consider paying a share of Lexington's
cost of improvements to the gravity pumping station
Bedford did agree to install a new meter as soon as possi-
ble, before March. He said this involves $3,000 to $5,000
and there was a great deal pf discussion in regard to the
make of the meter and the location. Bedford also agreed
to investigate its future needs, but made no commitment
as to whether or not it would share in the cost of improving
Lexington's system. He explained that the contract does
state that if Lexington has to increase the capacity of
its pumping station, Bedford will share in the cost . There
was no decision made thatBedford was going to contribute a
great amount of money but they will sit down again and dis-
cuss the problem further.
Mr. Cataldo reported that Bedford agreed if they
I v
wanted any greater capacity, they are willing to pay fur
it. He stated there is no question, if Lexington can
pinpoint they are now putting in more than 800 gallons
a minute, they are prepared to pay for it. He said they
were told to advise Lexington where they are going so
the station can be designed. He said Lexington should
write to Bedford again summarizing its impression of
the meeting.
Mr. Sheldon said Bedford has to install a meter
and Lexington has to make plans. Before summarizing,
another meeting should be held and Bedford advised
what Lexington intends to do and ask what they intend
to do.
Mr. Cataldo suggested approaching Bedford on the
basis of Lexington installing the meter and then bill-
ing Bedford.
Mr. Carroll advised there are sufficient funds in
his Sewer Maintenance Account.
Upon motion duly made and seconded, it was agreed
to request that the Town of Lexington be permitted to
review and comment on the proposed size, type and lo-
cation of the new meter before bids ure taken, and
further, if the Town of Bedford has trouble obtaining
funds to proceed with the work, the Town of Lexington
will pay for the meter and its intallation providing
it is reimbursed by Bedford.
The Chairman read a letter from Mrs. Howard Schuman,
owner of property at 40 Earl Street, requesting
an abate-
ment of the water bill.
Water bill Mr. Carroll reported that Mrs . Schuman rented the
property and it was his feeling that the tenant must
have used the water
Mr. Sheldon mentioned the possibility of a leak
which the tenant could have had repaired.
Mr. Carroll explained the meter is back down to
normal.
The Chairman said it would appear to the Board,
from all the evidence at hand, there is no inaccuracy
in the meter and no inequity in the bill.
Upon motion duly made and seconded, it was voted
to deny Mrs . Schuman's request for abatement.
The Chairman read a letter from D. Marshall Semonian
and Rebecca E. Semonian, 504 Lowell Street, Lexington,
requeting the Board to make an offer in settlement of
Claim damages for a drain easement taken through a portion of
their property.
The Chairman reported that he discussed the subject
with Mr. Legro, Town Counsel, and told him the request
485
would be taken up when he arrived at the meeting and if
he did not arrive, it would be held over until next week.
Letter was received from Raymond E.Lewis, 60 Forest Public
Street, suggesting that the proposed public facilities Facilities
building be known as t_iVeterans ' Memorial Facilities Building
Building.
It was agreed to refer the suggestion to the public
facilities building committee for consideration.
The Chairman read a letter from the Dog Officer
requesting a transfer of $100 to his expense account. Transfer
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $100 from the Reserve Fund to the Dog Officer's
Expense Account .
The Chairman read a letter from the Board of Fire
Commissioners advising that the Commissioners had voted
unanimously to retire Private Edward Gourdeau as soon
as Oesible
Mr. Gray reported that he received a telephone call
today from the Massachusetts General Hospital. Mr.
Gourdeau was there yesterday for treatment on an out
patient basis. Mr. Gray suggested the hospital call
Mr. Fitzgerald. He said Mr. Fitzgerald called and re-
ported that he informed Mr. Blair, of the Massachusetts Retirement
General Hospital, that the Commissioners did not consider
what he went to the Massachusetts Ageneral Hospital for
is the Town's liability. Mr. Gourdeau was at the Symmes
Hospital the day before that and was refused admittance
He said as far as the Massachusetts General Hospital is
concerned, the Town will not assume these bills and Mr.
Fitzgerald is going to check into the matter further and then
contact Mr. Gray.
Upon motion duly made and seconded, it was voted
to take immediate steps to retire Private Edward Gourdeau
of the Fire Department .
Pursuant to provisions of Chapter 139, Section 1, of
the General Laws, as revised, hearing was declared open
relative to the conditions of property owners by Bevel L. Cummings '
Cummings, 8 Wildwood Avenue and located at Massachu-, 4 75 a hearing
g
setts Avenue, Lexington.
Notice of the hearing, dated December 1, 1964, was
sent to Mr. Ravel L. Cummings, 48 Wildwood Avenue,
Arlington, return receipt requested.
Mr. Gray reported that Mr. Cummings called today
and said he would not be at the hearing because his
attorney requested that he meed with him this evening
in regard to the hearing tomorrow morning before the
Milk Advisory Council.
4St
4_.
�1C
Yti
a
The Chairman reported that he discussed the matter
with Mr. Legro, Town Counsel, who advised opening the
hearing and postponing it for one week and to so notify
Mr. Bavel L. Cummings and Mrs. Ada H. Mellick, his sister
Upon motion duly made and seconded, it was voted
to postpone the hearing until Monday, December 21, 1961 ,
at 9:30 P.M.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
Geoffroy's Pharmacy Common Victualler
The Penguin Ice Cream Shoppe
John Cappadona, Jr. "
The Old House " It
Connors Bros . Inc. Package Goods Store
The Chairman advised that Reverend Landon Lindsay,
Christmas of the Methodist Church, telephoned for permission to
carols have a choir of children from the Grey Nuns, St . Brigid 's
and the Methodist Church, sing Christmas carols on the
Common.
The Board had no objection.
Mr. Gray reported that the Lexington TV Laboratories
has requested permission to play non-commercial Christmas
Permit music
denied The Board re-affirmed its policy of granting such
permission to the Chamber of Commerce upon request but
not to an individual and denied the request.
Upon motion duly made and seconded, it was voted
Appointment to re-appoint Willard P. Grush to the Board of Assessors
for h three-year term expiring January 1, 1968.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmne's Meeting held
on Monday, December 7, 1961 .
Letter was received from Mr. Frani W Crimp, archi-
tect for the Middleby Road elementary school building,
Middleby in regard to direct access from the school property to
Road School Marrett Road. He has proposed to the Standing School
Access Building Committee that a path be built -on Park Depart-
ment property to the west of the pond For safety
purposes, he also suggested erection of a fence on the
easterly side of the path. The Standing School Build-
ing Committee is in accord with the proposal, provided
the Selectmen give their permission.
Upon motion duly made and seconded, it was voted
to grant permission for construction of a path on Park
48 ;
Department property to provide direct access from the
Middleby Road School property, and to erect a fence on
the easterly side of the path
Mr. Carroll recommended construction of Middleby
Road so it will be ready for September opening of the
school. He said he did not know whether he will have
the layout ready for the March Town Meeting this year
or next year.
Mr. and Mrs . Martin Sussman, 11 Lexington Avenue,
met with the Board .
Mr. Sussman informed the Board that he has lived
in Lexington three years and would like to speak about Water
the fact that he has recently discovered that a lien has connection
been placed on his property for some $140 in connection
with some work that was done. He said the lien grew
out of a dispute of the amountdue the Town for work
done in connecting his house to the sewer. Before pur-
chasing the property, or immediately prior to purchasing
it, he was notified by the attorney of the previous owner,
that the Town requested that the house be connected to
the Town sewer . He was told if and when he purchased
the house the connection would become mandatory. In view
of this, there was a small adjustment on the price of
the house. He said he was told the sum would be $250
unless ledge was encountered. The connection was made
shortly after he mved into the house and there waF no
ledge The lawn was torn up, the small terrace wall was
torn up and the connection was made. He then received
a bill for approximately $400 He contacted Mr Carroll
and told him he thought this was excessive and that his
understanding was the price would be $250 unless they ran
into ledge, but there was no ledge. He said he could
not understand the difference between $250 and $400. He
stated that the connection caused him all kinds of diffi-
culties. The trench leading from the street to the house
at one time caved in and his basement was flooded. A
portion of the street through which the trench had been
made caved in and again the basement was flooded. A
third time he had difficulties which grew oUt of the fact
the Town took over Lexington Avenue and resurfaced it.
During the time the manhole out in front of the house was
filled with dirt and when the toilets were flushed, they
backed up through the washing machine standpipe and a.n
the basement was flooded. He reported that Mrs. Sussman
discussed this matter with Mr. Carroll and was told "lets
split the difference and make it $70. " The matter then
rested until he received a letter from Mrs. Rich telling
him that the sum of $ 9 1.
141 was still due and then he re-
ceived a notification on October 7 that the sum was now
a lien on thero ert
P P y•
x, 88
The Chairman asked if Mr . Sussman understood how the
estimates are made and stated they are not binding on the
Town.
Mr. Sussman replied that he is an engineer and
realizes estimates are estimates but $250 and $391 is a
large discrepancy
The Chairman said there have been larger ones than
this .
Mr. Carroll said he did recall discussing this with
Mrs Sussman a number of times. She indicated *hat Mr.
Sussman had said about the $250 being taken under con-
sideration paying only $250. He told her the estimate
was an error and explained that the Town does not have
engineers making the estimates. The man tries to make
a reasonable guess on the basis of the length of the
sewer service and there have been occasions when this
proved to be the best method . He explained that the form
which is sent out indicates that the individual must pay
more if the cost is more and does not apply just to ledge .
He said he did suggest that the difference in the excess
amount be split because he did feel there was some mis-
understanding and some aggravation. He said he did not
feel the Town had done anything improper in installing
the service.
Mr. Sheldon asked if everything was working properly
now.
Mr. Sussman replied the loam was never put back, but
aside from that, the difficulties have been corrected .
Mr. Carroll said he did not have anything more to
present and read the record of cost for the sewer connection.
The Chairman asked if, in each instance, this was a
reasonable charge, and Mr. Carroll replied as far as he
was cpncerned it w s and it was never indicated to him that
the bill was not a reasonable charge.
Mr. Sheldon suggested that the Board take the matter
under advisement.
The Chairman informed the Sussmans that the Board
would take the matter under advisement and advise them
of its decision
The Sussmans retired at 8:55 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating, or voting on matters which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion with the School Committee and
Chief Rycroft, it was voted to resume the open meeting.
489
The Standing School Building Committee and the School
Sties Committee met with the Board.
The Chairman explained the subject of the meeting Moreland
is the Moreland Avenue School site versus a new site Avenue
Mr . Cataldo explained it is the Board 's feeling that School
the preparation cost of Moreland Avenue is high, and it
felt it should look for an alternate site to try and re-
duce the cost, and in the meantime come up with a proposed
alternate site off Pleasant Street He indicated a
site on a plan, located at the junction of Pleasant and
Watertown Streets, of seventeen acres, that the Town
can acquire . He reported that lastTuesday they looked
at the site to see if it was acceptable to the School
Committee, Mr. Steele, Mr. Viano and Dr. Fobert Last
Thursday, Dr. Fobert, Mr. Crimp, Mr. Brown, Mr. Carroll
and Mr. Cataldo went down and dug some test holes, and
he thought the soil conditions were excellent . Mr. Crimp
also thought they were excellent . He said he gave Mr.
Steele the owner's name.
Dr. Fobert expiated that Mr . Crimp felt all costs
for locating in this site would be $160,000 and he could
use the same plans and locatedthe building for that
amount of money as compared to $341,000 for Moreland
Avenue. He said this is just the site development and
does not include the land.
Mr. Cataldo said there has been some question about
Emerson Road and this site.
Mr. Carroll stated that in 1962, the Planning Board
had Abbott Engineering Company make stueies relative to
the location of Emerson Road and they came up with two
studies. One of thestudies shows Emerson Road coming
up from Massachusetts Avenue through Wilson's Farm and
almost through the site . Another scheme was to have
Emerson Road come up through Wilson's Farm, cross Peacock
Farm Road and eventually tie into Route 2. He said he
believed this would not affect the site
Mr. Carroll said he thought a formal vote should
be taken by the Planning Board regarding Emerson Road
Mr. Steele said the School Sites Committee feels it
should acquire any good site in an area where the School
Committee thinks it would be feasible for a school. He
said the School Sites Committee leans on the School
Committee 's opinion. He said in discussing Emerson Road
with some others in Town, the thought expressed to him
was with the new Burlington Shopping Center, the impact
on the traffic pattern in Lexington would be much greater.
Some people feel it desirable to haveEmerson Road plans
finalized and the location determined by the Planning
Board. It seemed to his committee until this is decided,
the committee can't move in the direction of acquiring
490
this particular site. He said one thought was it would
not take enough of this site to matter; another was it
would take a little more . It would affect policing
Emerson Road and/or Pleasant Street. He said he has
much respect for the individuals who brought this to
the committee 's attention, but there is the Moreland
Avenue site as a possibility. The School Building
Committee and School Sites Committee decided this site
was better than the Tarbell Avenue site. Now it is
down to a matter of not two sites, but three sites -
Tarbell, Moreland and this new site. He said in
determining what site would be best suited, the School
Committee should have another go around on this and
explore the pros and cons end come up with some good
answer because the Town Meeting will want to know how
this location was arrived at He said his committee
thinks Emerson Road should be determined by the Plan-
ning Board before this site is acquired.
Mr. Abbott said the School Committee and School
Building Committee should consider all of these sites .
The Planning Board arrived at the meeting at 9 :1 .0 P.M.
Mrs . Morey said she would like consideration given as
to whether it would be cheaper to have the architect adapt
the Moreland Avenue site to the Tarbell Avenue site
Mr. Viano reported that Mr. Crimp's opinion was that
it would be as costly to build on the Tarbell Avenue site
as it would on the Moreland Avenue site
The Chairman asked if the School Sites Committee
would consider thenew site favorably if Emerson Road did
not affect it.
Mr. Steele replied the committee would consider
favorably any site the School Committee wanted it to,
as that committee should determine where the site should
be and then it is the School Sites Committee 's job to
make arrangements to acquire the site. He said he could
not conceive that Tarbell Avenue would be as costly as
the Moreland Avenue site. He said the School Committee
and Standing School Building Committee should decide which
site they want and when they tell his committee, it will
go to work on it . He said he was concerned about Emerson
Road and thought the Plan ing Board should tell what it
plans to do.
Mr . Meyer said the Planning Board has no recommendations
for the construction of Emerson Road at the present time.
He said there is now a scheme three which would go across
the lower corner of the school site
Mr. Brown asked if Green & White had been contacted.
Mr. Steele said he thought he should wait until after
this meeting but he had a good idea it will cost $60,000.
Mr. Grf.eley said if the Town takes this site and
491
Emerson Road is to go in there, then the Town pays for
that part of Emerson Road , another $50,000 . He said he
could not believe the Tarbell Avenue site would be any-
where near $300,000 for preparation anc urged that careful
study be given to what it would cost to use that site .
The group retired at 10 :10 P.M.
Mr. Blaisdell and Mr. Parrish, of the Appropriation
Committee, Mr. Meyer, Chairman of the Planning Board, and
the Capital Expenditures Committee, met with the Board.
The Chairman said at this time it would appear that
the Public Works Building would cost somewhere in the
neighborhood of $125,000 to meet Mr. Carroll 's present
needs . Also, some time in the future, the Board is going
to consider the expansion of the Town Office Building but
what figure to use on this he did not know, possibly in
the neighborhood of $200,000
Mr . Boughton stated the figure is not as importaht ,
as time . He asked when the Board proposed to do the
Public Works Building.
The Chairman said it is necessary and the sooner, the
better . He said the Board feels a committee should be Town barn
created to look into this , consisting of a member of the
Board of Selectmen, Superintendent'_of Public Works, Execu-
tive Assistant, Chairman of the Appropriation, and Chairman
of the Capital Expenditures Committee, or their representatives
e The Committee would report back to the Selectmen as soon as
possible .
Mr. Boughton asked if this would be in the March
warrant, and the Chairman replied in the negative.
The Chairman said with the Town Office Building,
$200,000, there is another way it could be approached.
The possible transfer of all the Engineering Department
and Public Works ' facilities to the Town barn area would
possibly eliminate the expansion of the Town Office Build-
ing or put it off for a number of years . If this is done,
the figure of $225000 should be increased.
Mr. Parrish asked if the separation of departments
was feasible.
The Chairman replied this is something the com-
mittee would work on.
Mr. Carroll said he felt it would be a definite in-
convenience to the public . If the Engineering Department
is separated from the Public Works Office, there would be
inconveniences, almost insurmountable.
The Chairman said this i$ something the committee
would work on.
Mr. Carroll said many people visit the Engineering
Office and other Town Offices at the same time. It would
be difficult for an individual to go to the Building
9
tr
Inspector and then drive to the barn He said it will
be an inconvenience in all respects, and whether this
is to be outweighed by the amount of money is another
thing.
The Chairman said this is something for thecommittee.
Mr Parrish questioned the advisability of having a
member of the Appropriation Committee and a member of the
Capital Expenditures Committee on the committee for the
Public Works Building.
The Chairman explained the Board hadthe feeling
in the long run it would be better for all concerned
if a member from each committee was present .
Mr. Cataldo explained this would keep the communi-
cations going between the affected Boards.
Mr. Boughton asked if his committee could consider
this and give the Board its answer.
Mr. Sheldon asked if he meant to consider accepting
or declining serving on the committee and Mr. Boughton
replied in the affirmative
Mr. Gray submitted each person present with a copy
of a financial report of theHunt Block, owned by the
1775 Realty Trust .
Mr. Cataldo said the main question is, does the
Planning Board feel unanimous that Massachusetts Avenue
should be widened.
Mr. Meyer said he believed the Planning Board is
in agreement but not having discussed it with the Board,
he could not commit it. In very general terms, they feel
Massachusetts Avenue should be the same width.
Mr. Cataldo said the Selectmen are not recommending
for or against this, but had a moral obligation to look
into this for the Town, and if it is going to be done,
this is the time to do it . He said the Board's approach
is, this is what it is going to cost and leave it up to
the Town Meeting to decide.
Mr . Sheldon explained that the owners of the property
did not initiate this, but the Board of Selectmen called
them in because it heard that they were prepared to spend
some money remodeling the building
Mr. Cataldo said if the Capital Expenditures Com-
mittee and Appropriation Committee feel an article should
be inserted in the March warrant, fine ; if not, the
matter should be dropped here. The owners of the build-
ing want an answer. He said it boils down to whether
Massachusetts Avenue is to be widened or not An answer
should be forthcoming from the Planning Board and the
Selectmen's position is to present it to the Town. If
the Town does not want it, the Board feels it will have
filled an obligation it had to the Town.
Mr. Blaisdell said he could not speak for his Board,
but personally, he would say go ahead.
The matter was left that Mr. Cataldo would obtain
additional figures.
The Chairman mentioned extension of the so-called
Meriam Street parking area dnd said this year the sum of
$20,000 could be spent or go further with the plans which
Mr. Carroll proceeded to explain.
Upon motionduly made and seconded, it was voted
to adjourn the meeting at 11:35 P.M.
A true record, Attest :
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4iv /blerr, Select =�
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SELECTMEN'S MEETING
December 19, 1964
A special meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Saturday, December 19, 1964, at 9:00 A.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present. Mr. Gray, Executive Assistant, and Miss Murray,
Executive Clerk, were also present.
The meeting was held to give the department heads
an opportunity to express their ideas and recommendations
in regard to salaries for 1965.
Mr. John J. Carroll, Superintendent of Public Works,
presented his thouggts as follows:
"Number one, I think that I explained in my letter
that the Board should be thinking of some type of a
longevity raise, something so when an employee reaches
the maximum in his grade, he has something to look forward
to. You could give a 2% raise ev ry other year. You
can do it on a lump sum basis. You could give him a small
amount of money each year. You coulkdo this every five
years. I do feel the average employee who is not the
type of individual who is going toadvance much beyond
the position he is in, should have something to look for-
ward to keep his initiative up. It can be stated so that
if the individual does not merit it, it can be cut out."
Mr. Sheldon said it could be discretionary.
"My problem is to hire a man who is going to be a
laborer for twenty-five years . I was talking to one guy
who said the big thing is 'I have nothing to look forward
to. I have reached the maximum and am not foreman
caliber so I look forward to the next years the same.'
I think this year the Board should consider giving
a general overall increase. I have the figure of 5%
in mind, but actually I don't know what the figure should
be. There were no raises last year. There is no question
abcut the fact salaries are on the increase every place.
I do want to point out one thing, and I do respect the
Board's authority. Last year, the Police Department got
a $300 raise so that now patrolmen who work S-13, the same
as a grade 2 civil engineer, net S-14. I understand there
is a problem getting patrolmen. The Lieutenant and Chief
have gone up a step. I have an Assistant Superintendent
of Public Works and an Assistant Engineer. There has
been some change in the Evans' Plan which has thrown this
whole thing out of kilter. I believe the Board should
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consider the problem of the salaries of administrative
11 personnel all through the whole departments. My feeling
is the department heads have a great deal of responsibility
and in some cases, compared to outside industry, the amount
of salary a department head is getting for a similar job
in industry, is quite low. I know my responsibility and
people in outside industry are making more than I am. I
am not speaking only for myself. At the present time,
there is no organization, any type of Union. I don't
want to see any. I don't think we have to kowtow to
employees, but I think the Board should stay ahead of
the employees. One way is to increase the fringe benefits.
For instance, many towns are paying for all the Blue Cross
and Blue Shield. This could be one way of increasing
salaries. You could even give larger vacations. I am
also going to consider asking the Board to reduce the
hours in the Public Works Department from forty-four to
forty. Out of twenty-six towns, we are the only om work-
ing forty-four hours."
Mr. Cataldo asked if Mr. Carroll meant the Board should
reduce the work week to forty hours, leaving the pay the
same, thereby increasing the pay rate. He said this would
be a 10% increase as far as the Town is concerned.
"This was done for the Fire Department."
Mr. Cataldo said the Town could pay the same amount
of money for four hours less work.
"It would not be 10%."
The Chairman said this would mean more men.
Mr. Cataldo asked how many men working forty-four hours.
"Forty men."
Mr. Cataldo said the department w( uld need another
four or five men.
Mr. Brown asked if Mr. Carroll felt any relief on
this business of people putting in their own sewer and
water connections.
"Yes, but I know I want extra men this year whether
we go to forty hours or not. Depending on what the Board
does, I am asking for five men this year without this."
The Chairman said Mr. Carroll would be asking for
nine or ten.
"If the Town wants the services in the public Works
Department, we have to have the people. Paul has more
school grounds and play areas to t ake care of. Every
school with a large area and any athletic facilities, we
maintain them. We take care of the Fiske School, William
Diamond, Estabrook School.
The Chairman asked Mr. Carroll what percentage of the
Park Department budget is assigned to schools.
"I don 't know. It is not just schools. The center
playground area is becoming more complex. The athletic
program in the scho' is is becoming fantastic and they tee
off if the field is not right for them. We line up the
fields, put rollers on the track. If you compare our
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personnel to comparable cities and towns, we are away
below.
On highways, water and sewers, take the miles of
street. We have more miles of street in most every case
than comparable cities and towns and less men by far."
Mr. Cataldo stated Lexington has a different oper-
ation than many cities and towns.
"You can get an idea by comparing five or six of
these towns."
Mr. Cataldo asked if these cities and towns installed
their own services.
"I did not get into that. We put in our own water
mains. Water mains is one thing I feel we can do well
and we should do because it is a little more complicated
than other things. It is something a Water Department,
I think, should do. It is much cheaper. We have a
situation where if a mechanic wants to fix a truck, he
can pull it off the line and another one can take its
place. We have a real good maintenance program. We
have to face up to these facts. The Town has to face up
to these facts. The Schools take precedence. "
Mr. Cataldo said one should not take the attitude
that the school takes precedence. He said he did not agree
with this.
Mr. Brown said in spite on the additional cost of taking
care of school grounds, he thought it is cheaper to have
Mr. Carroll's Department do it anyway.
The Chairman said many things being done by departments
under the Board's control affect the schools and it should
be recognized that the schools are costing more than what
is showing.
Mr. Cataldo said as far as the bookkeeping goes, it
all comes out of the same pocket.
The Chairman said there is a certain amount of work
done and money spent by Town departments for the School
Department and he did not think it has been recognized.
Mr. Cataldo pointed out that the Women Police Officers,
sidewalk construction and plowing are because of the schools.
He agreed that there is a substantial amount of money spent
by other departments to help out the school.
At 9:30 A.M., Fire Commissioner Bailey and Chief Engi-
neer Beleastro met with the Board. Chairman Fitzgerald
arrived at 9:40 A.M.
Commissioner Bailey presented his thoughts as follows:
"I think, in looking at salaries in general every-
where, our business - we plan automatically where merit
raises are considered, you are going to be faced with a
5% increase per year. Something like 4% for merit and
1% for cost of living. The difficulty is, what do you
do when the guy hits his maximum. The only remaining
question is how you make up the progressive 1% cost of
living increases. How much pressure is exerted because
of what other towns are doing. Is the wage a living wage.
Is it one where a man can raise a family decently. We are
still not quite in step, but I think we are trying to take
steps to get there. We would want to share in anything
that is to happen generally in the Town. We have no
quarrel with the step-rate increases . The basic amounts
seem to be inadequate to do the job.
The Chairman asked if the Commissioners would say
it is fair to say every position has a maximum beyond
which it cannot go.
"That is a very fair statement. This has to be
anywhere."
The Chairman said there is a limit for what a job
calls for.
Mr. Cataldo asked if the Commissioners had any
problem in the area of getting the type of men they want.
"No, I don ' t think there has been."
Mr. Brown asked about the Commissioners ' thoughts in
regard to hours.
"I am sure that some time in the future there is going
to be pressure put on for a forty-eight hour week. I don't
know how long it will take that to happen. My own personal
feeling is the 50.4 hour week will hold for a fair spell.
I would like to see it hold for three, four or five years. "
The Chairman said on a 50.4 hour week a fellow puts
in good stretches of time altogether so he does have good
days off that can be utilized for other things he can do.
"Forty-eight hours would be more difficult to fit into
the schedule ."
Mr. Fitzgerald - "The 50.4 hour work week was at the
request of the personnel and they preferred it over the 40.8. "
Belcastro - "The 40.8 would take too many men to replace. "
Mr. Fitzgerald - "Yes, but the cost to the Town would have
been much greater. "
Mr. Sheldon asked if the Commissioners saw any problems
this year that would be any different than other years,
salarywise.
Bailey - "There is one problem this year . We are
going to make every effort to achieve parity with the
Police Department . This is a special circumstance. "
Mr. Brown asked about additional men.
Bailey - "We would like ten new men. Looking ahead
during the next ten years, increase in population. The
number of calls we are having per day and the coverage and
coalmen is on the ragged edge."
Mr. Sheldon asked how many men are on limited duty.
Belcastro - "Five, not including Gourdeau.
Mr. Sheldon asked if these men are being used on desk
duty on a basis different from the shift basis so they will
man the watchroom.
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Bailey - "We looked into this in some detail. It
turned out that the heart cases were the only ones that
could not be expected to get out and go, go, go. There
were only three of them at that time and it did not make
sense to try and work out a special schedule . The two
back cases are coming back well and will be back driving .
The other back case is coming back. Until we get enough
more individuals on completely limited duty, it did not
work out.
Mr. Sheldon said these men were, in fact, performing
a regular function in a regular shift.
The Chairman asked how many men were on the waiting
list.
Fitzgerald - "Regardless of the qualifications?"
Mr. Cataldo said last budget time they had sixteen.
Fitzgerald - "I would say probably there are between
eight and ten applications down there now. Some have
been withdrawn, others are not interested.
The Chairman asked how many of the eight would be
acceptable
Fitzgerald - " Icould not tell at this time . "
Bailey - "It was getuing thin."
The Chairman asked about the investment on a new man.
Bailey - "The Total cost of a new man to the department .
Almost all of our budget is personnel. If you had 10% on
the If you add 10% on the base salary, then a little less
after that . "
The Chairman said for ten men it would be roughly $50,000.
Bailey - "Something on that order, possibly a little more,
say $55,000. The argument made at Town Meeting troubled me,
pointing out thatthe policemen were rn_quired to be in front
of the public at all times and the demands on him are greater
than the firemen. He is required to be in front of the
public for his eight hour shift, which is true. You have to
take the other 10% of the tctal fireman' s working time which
compensates for the time he is watching the T.V. To be a
good fireman, you have to go all the way. I don't like
this salary distinction made.
Mr. Cataldo said it was not on the basis of the Board
deciding to make the break. This Board overextended
itself to be fair in giving the Fire Commissioners a
chance to justify to it, giving the Fire Department the
same pay, plus the fact the shorter hours entered into
it at the same time. He said the thinking presented
to the Board at budget time that, other than the fact
the police were going to get more money, the Fire De-
partment was in good shape moneywise, plus the fact
they had sixteen men on the waiting list and they would
hire thirteen. There was no problem in getting men
Other than the police raise, everything was fine. He
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said the Board did notweigh the two jobs as to which was
worth more money. This was not the Board' s approach.
The firemen picked the shorter hours over more money.
He said the Fire Commissioners could not change their
complete position. As of last year, the financial posi-
tion was fine other than the police were going to get a
raise. He said it is on the record the Commissioners have
no problem getting men, and the Selectmen could not change
their position because they made their decision on what the
Commissioners told them
Mr. Fitzgerald - "We received a letter that any
salary situation would be taken care of by the Board of
Selectmen. We filed a budget with this in mind. We
met with the men of the department . They requested
50.4 hour week which we put in. There was no consideration
of salaries until we arrived here ."
Mr. Cataldo explained the Board did nothing until the
Commissioners came in and gave them an opportunity to
justify why the Selectmen should ask more money or why
the Fire Department should be granted $6100. The question
was, if the Police Department did not get a raise, was the
Fire Department ib good shape, and the answer was Yes
The Chairman said she idea of being equal to another
department, this does not necessarily make it right . The
Board has two problems which it attempted to solve. This
is another year and the Fire Commissioners' problem may have
changed somewhat. The Police problems may have changed too,
but the Board will take them individually. If there is a
general raise, it would be general for all departments.
Mr. Cataldo said last year the Board was lead to believe
$5800 was a just wage for the Fire Department unless the
Police Department got a raise. There was no problem on
the wage scale unless the police received a raise. There
Care three approaches: One, more men; two, shorter hours,
three, more money.
Mr. Fitzgerald - "We came back after we found about
the differential in pay. We argued very strongly for
equal pay"
Mr. Cataldo said that was correct, but the only time
they came back was tradition.
Mr. Fitzgerald - "The Police and Fire have to work
very closely in their work. We guaranteed the men we
would try and equalize pay at the next budget . I think
equal pay has to be considered regardless of whether it
is a raise. If it goes another year of unequal pay, we
will not be able to cope with the men by bargaining.
They feel they should have equal pay. "
Mr. Cataldo said the Commissioners would have to
justify giving them a raise.
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Fitzgerald - "Give me a reason why they are not
equal."
Mr. Cataldo stated the Board did not say this in
the beginning. The Selectmen did not say the police
were worth more. They were trying to solve a problem
it had that the Fire Department did not have.
Mr. Brown pointed out this was not the time or place
for this discussion. He said the Fire Commissioners
should come in with arguments why the Selectmen should go
to equal pay. The Board is only asking for thoughts
today. He asked Chief Belcastro how many call men appeared
at a fire.
Belcastro - "During the day I have three that go to
the station, possibly two."
Mr. Brown asked what the budget for call men would
be in a twelve-month period.
Belcastro - "That I don't know."
Mr. Brown asked if the Commissioners requested and
got ten new men would they consider dropping call firemen.
Mr. Bailey - "If we get the ten new men, yes."
Mr. Cataldo said this should be brought up at budget
time.
The Chairman said the Commissioners are thinking of
a 5% raise but more important parity with the Police
Department .
Mr. Fitzgerald - "They are requesting equal pay. "
The Chairman said that whenever any department comes
before the Board, it should have the arguments so it
gives the Board something to use in weighiig up an answer
and arriving at a decision.
The Commissioners retired at 10:10 A.M.
Mr. Donald K. Irwin, Building Inspector, met with
the Board and discussed his thoughts as follows:
"I believe you received my letter a year ago. I
think you have three problems. The original Evans '
report was fine and something the Town should have done
years ago. I believe there were inequalities when it
was first established. The biggest problem is that
there is no place to go once you hit the ceiling. There
must be 80% of the Town employees who have hit the ceil-
ing or will hit it. There is no reward fur staying on,
nothing to look forward to . In most industries and in our
School Department, they have a wheel type basis. As a
reward for service for faithfulness and knowledge of the
job should be provided for.
The Chairman asked if he believed that every position
has a ceiling beyond which it should not go; every job is
worth so much money and no more.
Mr. Irwin - "Yes, I think there is. I think why I
bring out here the small percentage I recommend is the
clerk who works for me and John Carroll. Using a 2% every
two years as a more or less regular basis providing the
individual involved is on the ball, they would get the 2%.
4!ill
In John Carroll' s case, if he stayed twenty years, there
is about $1900 at the end of twenty years . There is no
argument that John is worth this. He is worth more. The
case of the clerk, if she stays twenty years, it would be
less than $1,000. We would end up with $4,309. There
may be years where this 2%, the Town could not afford it.
I think it wculd give the Board something to work with.
Now the squeaky wheel gets the attention. The Police
come in with a problem, they have a spokesman and get an
increase. Then the other departments are unhappy. "
The Chairman asked if Mr. Irwin had checked with other
towns to see how this town compares salarywiew.
Irwin - "In some instances. In my particular job, I
have checked it. It is more or less comparable. A t own
of this size with one full-time inspector, part-time plumb-
ing and part-time wiring inspectors should not be operating
today. This is the same personnel as ten years ago, LTen
years ago, there was not Itek, Raytheon, Burrough$vand
spools. They all require inspections and some of these
run into fifty. They require more time to start with than
a simple house plan, I can 1°4 at a house plan in ten
minutes. You can 't do this with the other type of building
we are getting. There is also an increase in zoning. When
I first took the job, no one made any mention of zoning. I
did not spend 10% of my time on zoning ten years ago. We
have Historic Districts Commission, Board of Appeals, Sign
By-Law. "
Mr. Burnell asked how much time was spent on enforcing
zoning.
Mr. Irwin - "A good 30%, answering complaints, calls
questions investigating, writing letters. Zoning is a
technical subject in itself. You are not a legal expert.
For the nonconforming or what, you have to prove your case.
If strict enforcement of everyone of these laws with which
the Building Department is connected, was expected, a man
could spend full time on zoning, sign, Board of Appeals,
Historic Districts . The building portion is in itself a
full-time job.
Mr. Burnell asked if he would expect an assistant
to be specialized in zoning.
Mr. Irwin - "I think if there was an assistant, he
should be familiar with the Boning or someone who could
grasp zoning, and be a diplomat . Zoning is a legal
problem and the Town can become involved in all kinds of
legal problems. It is very time consuming. Now it is a case of
what is making the most noise. The complex buildings slould
get closer inspection. Even if you just walk through the
job it has its good effect. I feel these complex jobs should
be hit once a day."
Mr. Irwin retired at 10:25 A.M.
The Board of Assessors met with the Selectmen and
presented their thoughts as follows:
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Grush - "We want ourirls to be
g paid in line with
other similar employees in Town. If there is an overall
change, we would want the girls to be considered the same
way. As far as the level of pay within the department
is concerned, you have our request for one change in
classification."
The Chairman said this is to solve a particular problem.
Mr. Cataldo said this the Board would take up at
budget time.
Mr. Grush - "It does establish a responsibility level
through the department . This is basically it. if some-
thing should happen to Neil, who is going to be in charge
of the office? If he is out in the field, who will be in
charge of the office? From my own experience, it would be
very difficult to replace a man like Neil with the pay he
is getting."
Mr. Cataldo asked if he had any thinking on a general
salary attitude for the department. All of them are at
the maximum level.
Mr. Grush - "Yes, except for the one to be changed.
There, she will be going at the minimum."
Mr. Cataldo asked if the Assessors would be happy with
whatever the Board does for other departments .
Mr. Grush-"I dont think we have anything specific on
that."
The Chairman asked if the Assessors subscribed to the
theory that every position has a ceiling beyond which it
should not go .
Mr. Grush - "I would say, No."
Mr. McCurdy - "We are all in the position where there
is a top. There must be a way of moving the individual up."
The Assessors retired at 9:55 A.M.
Mr. R. L. McQuillan, Chairman of the Board of Health, met
with the Board, and presented his thoughts as follows:
"We are recommending an increase for Jim Finneran
and a change in Classification in S-3 to #-5, to rate 4,
$3900. The Board reviewed the work and believe the skills
required are more aptly described in S-5.
The Chairman asked if he believed every position has a
ceiling beyond which it should not go.
Mr. McQuillan - "Yes, I do."
The Chairman asked if he subscribed to the theory that
there is a ceiling.
Mr. McQuillan - "Definitely."
Mr. McQuillan retired at 11: 15 P.M.
Mrs. Ethel U. Rich, Collector of Taxes, met with the
Board and presented her thoughts as follows:
"I put in for the two senior girls just that they
have an increase this year. I feel the status of living
is going up and if we get the sales tax, we will have more
debts and that is the reason I put theirs up. My Junior
Clerk, would automatically go up."
Mr. Brown asked if the others were at the maximum.
Mrs. Rich - "For the straight senior clerks - I did
not want them to go up to the maximumlbut felt they needed
a raise."
Mr. Brawn asked if she would take the stand that every
so often she would have to ccnsider a cost of living.
Mrs. Rich - "It has been two years."
The Chairman asked if Mrs. Rich believed every job has
a ceiling beyond which it should not go, aside from cost of
living.
Mrs . Rich - "The longer ycu are in a job, the more
important you are to it. I don't believe any ceiling should
be set."
The Chairman said every job is worth so much money
regardless of the personnel?
Mrs. Rich - "Well, there should be a ceiling there."
The Chairman asked if she subscribed to this in general.
Mrs. Rich - "Yes."
Mrs. Rich retired at 11:20 A.M.
Mr. Vincent Hayes, Chairman of the Recreation Committee,
met with the Board, and presented his thoughts as follows:
"We have been doing pretty good except in two spots.
The most important spot is our Director, Ben. I do have
a survey under way, but it is not complete. Each one of
us has taken a few towns and tried to get a comparison of
what their Director is doing and what our Director is doing.
We have gone from a four-month program to an eleven-month
program."
Mr. Cataldo said the Board wanted a general thinking
for salaries in general.
Mr. Hayes "It fits our
program pretty well."
Mr. Brown asked if there was any problem on recruiting.
Mr. Hayes "Except for the senior lifesavers and in-
structors. We have to come up.to standard. We have three
instnuetors now. We will have a fourth one to bring these
four people up. In order to hold them, we have to bring
them up to a pay scale equivalent to some on the private
pools and other towns. We figure if we bring them all up
to his level, this will be it for a number of years."
Mr. Brown asked how many permanent employees the de-
partment had other than Mr. Bertini.
Mr. Hayes - "We have twenty or twenty-one."
The Chairman asked if Mr. Bayes subscribed to the
theory that every job has a ceiling beyond which it should
not go.
Mr. Hayes - "I think this is true as long as we have
the right ceiling."
(he Chairman said the point is, there is a ceiling.
Mr. Hayes - "Yes. We employ college kids who give
. us couple years' service. One big problem we are going
to have is with the Director. I talked with Ben and my
committee. He has been on the job only a year and a half.
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He is hitting the maximum within a year and a half. We
agreed to bring him up to the maximum this year and then
come up with a survey.
The Chairman said when the Committee has its survey
completed, it would, of course, be in touch with the Board.
The Recreation Committee retired at 11:50 A.M.
Chief John W. Rycroft and Lieutenant James F. Corr, met
with the Board.
The Chairman asked if they believed that every job
has a ceiling beyond which the salary should at go, not
including a cost of living increase. He said an employer
puts a limit on a job as to what it is worth.
Chief - "At this time. "
Lieutenant Corr presented charts showing population
increases for the period 1954 to 1964; valuation for the
period 1955 to 1963; tax pate for the period 1955 to 1964;
ac,idents for the period 19514. to 1963; investigations for
the period 1955 to 1964; number of police officers for the
period 19514 to 1964; salaries for other types of work and
proposed salaries for the Police Department. The salaries
proposed were $12,500 for Chief, $8,950 for Lieutenant,
$7,950 for Sergeants, and $6,950 for patrolmen.
Lieutenant Corr - "This would cost the Town for the
first year $24,855, an increase of fourteen cents on the
tax dollar. On a full year, $33,000 or twenty cents on the
tax dollar."
Mr. Sheldon stated that no matter what figure is
selected, there is still the difficulty of Civil Service.
He asked if, for argument, the Board picked $6,950, would
it get the men.
Lieutenant Corr - "Personally, I think so. This
would bring the figure into an area where someone can
earn a reasonable and living wage. Assuming the bill went
through whereby we might hire men from out of Town, we must
say to them ' this is what we have to offer you' . We have
to offer them something to bring them to Lexington."
The Chairman asked who was proposing these increases
in other towns.
Lieutenant Corr - "The Police Department."
The Chief asked if the Board would give his department
permission to make this information available to the Chair-
men of the precincts. He stated many people have said
they don't have enough information."
Mr. Sheldon said the Board would like to discuss it
first.
Chief Rycroft and Lieutenant Corr retired at 12:24 P.M.
Mr. Robert Meyer, Chairman of the Planning Board, met
with the Selectmen.
Mr. Meyer - "Our problem is different. We have a
man we like and would like a step raise he is entitled to.
If there is a general across-the board raise, we would like
to get it for him. He should be just below the Superintendent
of Public Works. We would like to keep him for five years
and get him up to a position where he could get a job else-
where and then start someone at a middle grade. We should
keep him at least three years. As far as the secretary
is concerned, she will keep in step. We are exploring, at
the moment, the pros and cons of having a cooperative
student as a part-time as istant.
Mr. Meyer retired at 12:30 P.M. , and the meeting
adjourned.
A true record, Attest:
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.›r‘cutivTX1erA, Select.in
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SELECTMEN'S S MEE'EING
December 21, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 21, 1964, at 7 :30 P.3y1. 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. Carroll reported that he took bids this after-
noon on the Concord Avenue sidewalk and advised that
the work will not start until April There were six
bidders and Belli Bros . was the low bidder with a bid
Sidewalk of $25,769.25 and an alternate, to carry the work to
bid Station WCOP, a total bid of $32,417. He said he would
know next week whether the contract can be awarded and
whether there will be sufficient funds to do the job
the entire length.
Mr. Carroll referred to the Bedford sewer bill and
said that the Bedford sewer meter is not working. A
letter was received from the Bedford Board of Selectmen
saying they thought they paid enough mosey for sewer
this year based on their electric consumption at the
pumping station He reported there is some basis that
the meter will be working correctly, but it still, as
Bedford far as he is concenned, is not an accurate way of gauging
sewerage the flow. His personal recommendation is that the Town
bill Bedford in 1964, figuring their average rate of
flow was 300 gallons a minute. He said Lexington should
not take Bedford 's figure and it should not bill them
too high.
The Chairman asked if Lexington could justify its
figures and Mr. Carroll replied in the affirmative
Mr. Cataldo suggested that the Bedford Board be
advised that Lexington will defer billing until the
meter is repaired, thei. it will get an average flow.
Mr. Carroll asked if, under the contract, this
could be done legally. Bedford is looking for a
1964 bill and want it now.
Mr. Sheldon suggested billing Bedford and advising
the Bedford Selectmen that the bill is subject to a review
when the meter is repaired; advise them that the bill
will stand unless and until the meter is repaired. He said
then Bedford could come back and discuss the matter.
507
Mr. Carroll mentioned the Woodhaven trunk sewer and
indicated three parcels of land on a map An error in
the location of the easement was made by the Engineering
Department . He said the cutting on the ground of the
trees has been made to the north of where it should actually
be if the original easement plan is used. He stated the
sewer could be put where it was originally going and cut wider
but the Town would end up paying additional damages for the
increased taking. He recommended taking a new easement
entirely to the north of the present easement and abandon
the old easement at a Town Meeting. He stated there is Woodhaven
nothing on the ground that will influence this at all. sewer
It is all woods. The problem is that the contractor has easement
already gone up to the corner which he indicated on the
plan.
Mr. Legro advised that a new taking would nave to
be made and it would be easier to take that part of it
that is outside and abandon that portion not needed that
was in the original taking.
The Chairman asked if the Board had authority to
take a new easement .
Mr. Legro replied in the affirmative.
The Chairman said the Board did not have the authority
to abandon an easement .
Mr. Legro explained that the Board was granted
authority to take it by vote of Town Meeting and must be
granted authority to abandon it
The' Chairman read a letter from Ruth Morey, (Mrs.
George P. ) , 90 North Hancock Street, requeting deferment
of a sewer betterment in the amount of $861 .33 and a Deferment
water betterment in the amount of $187.50, Blake Road; Water
her property consisting of one lot, numbered 90 North betterment
Hancock Street. She explained that, although recently
decreased in size through sale of Part of it , it is still
one lot, with sewer and water coming from North Hancock
Street and no benefit is derived from the sewer and water
on Blake Road .
Mr. Carroll presented a plan and indicated the pro-
perty in question which has frontage on North Hancock
Street and Blake Road.
Upon motion duly made and seconded, it was voted,
under the provisions of Chapter 159 of the Acts of 1950,
to extend the time for payment of $861.33 sewer better-
ment and $187.50 water betterment, without interest, until
said land or any part thereof is built upon, sold,
or until the expiration of three years from the date
hereof, whichever event occurs first; provided, however,
that this extension of time shall terminate immediately
508 tan
if the facilities of the water and sewer mains are used
for said land or any part thereof.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
Pole Vo pole locations, all having been approved by Mr.
locations Carroll, Superintendent of Public Works :
Bryant Road, southwesterly from a point approximately
125 feet southwest of Lowell Street, --
Thirteen (13) poles . Guy wire and anchor
on 13th pole.
Further discussion was held relative to the sewer
connection charge of $141.19 made to Martin V. Sussman,
Sussman 11 Lexington Avenue .
sewer Mr. Sheldon said a settlement was indicated and the
connection man felt Mr. Carroll, Superintendent of Public Works,
was speaking with due authority. He said he personally
felt the Board should back Mr. Carroll on his offer .
Upon motion duly made and seconded, it was voted
to abate $70.60, leaving a balance due of $70.59.
Mr. Carroll retired at 8 :00 P.M.
Letter was received from Dean E. Nicholson, at-
torney for Virginia Coleman, d.b.a. Wild Acre Inn,
50 Percy Road . Mrs. Coleman desires to change her
license from an Innholder to a Lodging House.
Wild Acre Mr. Legro said he has no knowledge there was any
Inn special permit granted for this so he assumed it is a
nonconforming use. He said he has no knowledge as to
w,iether it is a nonconforming use as a Lodging House or
an_.Inn.
The Chairman asked if the Board was authorized to
grant a lodging house license.
Mr. Legro replied in the affirmative.
The Chairman asked if theBoard could grant, upon
application, a Lodging House License
Mr.Legro replied in the affirmative and said he
thought the Board would be interested to know what the
operation had been before. He suggested that the Board
find out from the Building Inspector what is being carried
on there and what has been carried on in the past. If
they have been conducting a Lodging House since before
the zoning law, he could see no harm in issuing a Lodging
House License.
The Chairman asked Mr. Gray to follow this through
and report to the Board next week.
09
Letter was received from Mr. James J. Carroll, Town
Clerk, with copies of an action of contract and a claim
against the Town - Massachusetts General Hospital, Claim
(hospitalization - indigent resident - George O'ffeara) .
Mr.. Legro said this is under investigation at the
present time and is something that probably will be re-
solved.
At 8:00 P.M. , Messrs . Meyer and Bryson and members
of the l+exington Chamber of Commerce met with the Board
Mr. Kolovson read and submitted a report of the
Committee for the Revitalization of Lexington Center.
Mr. Meyer said the Planning board previously dis-
cussed this program at various times and various places .
It is quite willing to recommend the expenditure of $8,000
for the land use circulation study and recommends that it
be put under the 701 program.
The Chairman said, as a member of the committee from
the Board, he endorses the program.
Mr. Greeley said the division of function between Revitaliz-
the architect planner 3-D design and the landuse circu- ation
lation plan does not seem to be clearly spelled out, Report
particularly in relation to the time functions. If it
is a 701 project, you are going to look and see what
kinds of stores are going to be within this physical design,
parking facilities, etc. He said it bothered him because
of the time sequence. He said there are three units : the
architect 's design, the Arthur D. Little underwriting of the
feasibility study, and then an amount of work to substantiate
the EDA study. He said it seemed to him the Arthur D. Little
thing and the report would be as effectively done for $8,000
along with the architect 's design as to wait six months and
try and get $15,000 of Federal money and get tied up with 701.
He said, personally, he would ask for $8,000 on the basis
maybe this is a town consulting job, or maybe a 701, but
don't make any comiAtment of spending this only, as and if
the Town can get money from the Federal government He said
the Town could do this on its own much more promptly. He
said he .did not know if Town Counsel could draw an article
and leave it open to accomplish this objective.
Legro said as long as theTown did not commit
itself for the whole of it, he did not see why not.
Mr. Kolovson said, with the banks having expressed
an intere t, he would not want to have this dropped for
six months.
The Chairman said at this point he could hear no
dissenting voice. The group has thebacking of the plan-
ning Board and the Board of Selectmen
Mr.1 Bryson asked if only the banks were going to under-
write t1.e private side of this venture . He asked if any
510
of the merchants were going to contribute .
Mr. Kolovson explained that at this point he did not
feel it is necessary to contribute. The time will come
when they will have to invest money for remodelling, etc.
He said it is easier to see the four banks in Town than
to visit fifteen merchants and try to collect . The banks
have as great an interest in what the committee is trying
to do as any other individual
Mr. Bryson suggested that it might be well if the
Board could tell Town Meeting that the merchants are
willing to co-operate .
Mr. Tarbox said the banks are willing to do this .
It was not a case of not wanting theothers to contribute.
Mr. Brown explained that some property owners and
business people of the own did contribute to the initial
EDA report.
The Board agreed to insert an article in the warrant
requesting an appropriation of $8,000.
The group retired at 8:29 P.M.
Mr. Alan Mead and Richard Michelson, representing the
Jaycees, met with the Board.
Mr. Mead said they want to request the Board's approval
to bring in a circus, the Bond Bros. Circus, about the
middle of this coming July. He explained the Jaycees
would have to provide a location and are requesting use
of the old dump site on Lincoln Street. The Jaycees also
have to provide water and police. The circus provides
$300,000 public liability and $25,000 property damage
insurance.
Circus The Chairman asked if the Board, eliminating any
site, had any objection to a circus . No objection was
expressed.
The question of possible restrictions on the Parker
Field, as a site, was raised.
The Chairman asked Mr. Gray to check the last time
permission was granted for the use of Parker Field and
report to the Board.
It was agreed to take the request under advisement
and Messrs. Mead and Michelson retired at 8:37 P.M.
The Chairman read a letter from thePlanning Board
in regard to acquisition of a parcel of land situated
on Adams Street, owned by Adella and Chester Lidberg.
Lidberg Mr. Gray reported that this parcel is basically
land tied up with Emerson Road.
Mr. Burnell said the Board should take steps now
to acquire this parcel of land.
Mr. Cataldo suggested that the Board talk to the
Town Meeting, Planning Board, or both, and see what is
doing on Emerson Road . He said a decision should be
made once and for all whether Emerson Road is going to
be built . He said the Town has approved it in sections
511
and another Planning Board may not want to construct
Emerson Road to the full extent. He said the Board
should go on record either it is going to build or is
not going to build. He said, at the present time, the
State can come right through the Great Meadows . He said
if the Town reserves the land as open land, it is inviting
the State to come ri-ht in there with Route 3. He said
Emerson Road will cost a million dollars to go through
the Great Meadows, plus $100,000 to go through the Boston
& Maine tracks and a decision has to be made. He felt
that the Town should know how much this is going to cost .
The Chairman said what Mr . Cataldo wants is to make
the Planning Board aware of the problem and ask for an
up-to-date report.
The Chairman read a letter from Dr. H. L. Isaksen,
to which was attached a copy of his letter recently sent
to Mr. Morey, Chairman of the Trustees of Public Trusts, Transfer
requesting funds for the Maxner family.
Updn motion duly made and seconded, it was voted
to request a transfer of $340, subject to sk:tisfactory
clearance
Upon motion duly made and seconded, it was voted
to apprdve the minutes of the Selectmen's Meeting held Minutes
on DeceMber 14, 1964.
Upon motion duly made and seconded, it was voted
to establish the sum of $86,500 as the amount not less
than which the 1965 bond of the Treasurer shall be
written; to establish the sum of $1,500 as the amount Bonds
not less than which the 1965 bond of the Town Clerk
shall be written and the sum of $111,200 as the amount
not less than which the 1965 bond of the Collector of
Taxes sh,-all be written.
Updn motion duly made and seconded, it was voted Licenses
to grant the following licenses
Richard F. Petrino 316 Marrett Road Common Victualler
Lex. Motor Inn Rest 727 Marrett Road
Richard B. Becklund 4 Allen Rd. , Watertown Taxi Driver
Elden B. Gray, Jr. 111 Barbara Rd. , Waltham "
Winifred W. Belcher
William M. Belcher
Donald W. Birch
Caywood Greening, Jr. ft "
Douglas E. Hogan n n
Edward S. Lenhoff
Douglas B. McDowell
Robert S. Ross
Coleman Vaughan
512 �aF
c—
Cr
The Chairman referred to inquiries made by one
Franklyn . Crosby, 30 Baker Avenue, in regard to
Article 14 of the Warrant for the Special Town Meeting
Legal held on November 23, 1964. He read a letter from Town
opinion Counsel stating it was his opinion that it was legal for
the Town Meeting Members to vote on Article 14 and that
no facts were presented to him, nor has he been able to
find any that would constitute any illegality in relation
to the article.
The Lexington Financial Study Committee and the
Capital Expenditures Committee met with the Board at
9:00 P.M.
Mr. Yewell reported that the committee has contacted
everyone except the School Sites Committee, Library, Schools
and Selectmen and expressed appreciation for complete co-
operation received. He said the committee would like the
Board 's feeling as to where it feels its expenditures are
going to go for thenext five years. He said the com-
mittee feels if it can give the Board a report through
1969, five years is about the best it can do.
Mr. Gray explained the areas in the Selectmen's
budget where increases might arise.
Mr . Yewell said his committee would like to find
out, based on its original charge, how the Board would
like to have its final report submitted. He said his
committee intends to come in with facts gathered from
the department heads. He asked in what form the Board
would like the formal report some time in January.
The Chairman said theBoard would like to know the
facts and figures.
Mr. Yewell said all facts and figures will be avail-
able in the minutes of their meetings.
The Chairman asked if the Board could get the facts
and figures if it needed them, and Mr. Yewell replied in
the affirmative
Mr. Yewell said the committee would come to the
Board as soon est can with a rough draft.
Mr. Cataldo suggested that the Board ask for a
report as the committee proposes and it can go on from,
there.
Mr. Yewell said the committee is only scratching
the surface this year andthis idea should be carried
on by some committee or some group; people are interested
in what is going to happen in 1969-170, 1971, 1972, 1973,
and 1975. He recommended that the work be carried on with
the same size committee.
The group retired at 9 .25 P.M.
1
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 reputaticn of any person.
Following discussion with Town Counsel in regard to
a request for settlembnt of claim for damages, it was
voted to resume the open meeting.
At 9 :30 P.M. , Mr. Bevel L. Cummings, Mr. Donald K.
Irwin, Building Inspector, and a gentleman who neglected
to give his name, met with the Board. Cummings '
The Chairman stated that the hearing of Monday, hearing
December 14, 1964, postponed until 9:30 P.M. this evening,
was open, on the matter of the Cummings ' property at 475
Massachusetts Avenue, Lexington; notices having been sent
to Bevel L. Cummings, 48 Wildwood Street, Arlington,
and Mrs. Ada H. Mellick, 262 Massa, husetts Avenue, Lex-
ington. He asked the Building Inspector for a report
Mr. Irwin stated he checked the property the latter
part of last week. There had been some closing of the
openings in front and side of the house. He said the
Board has pictures he took previously, and reported that
nothing of a material nature, in his opinion, has been
done for some time.
The Chairman asked if there was a vehicle still
parked there .
Mr.Irwin replied there is one to the left of the
house, a new addition, and there is one to the right of
the building.
Mr. Cummings questioned that there were two cars
on the property.
Mr. Cataldo advised that there were two cars on the
property when he came by this evening.
Mr. Cummings said that wes news to him and that he
never knew there was any car there and if so, it is
illegally parked.
The Cuairman stated when Mr. Cummings met with the
Board before, he agreed, within a two-week period, to
clean up the property and put it in presentable repair.
Mr., Cummings said perhaps the Chairman misunderstood
him. He said he explained at that time why the estate
was in the condition it is . He said it was his under-
standing that the Building Inspector was going to get in
touch with him and tell him what he wanted done tempo-
rarily to the property. He said he understood the Build-
ing Inspector was to meet him there and he was to point
out what he wanted done. He stated he did board up some
windows in the front and two large doors at the back of
the barn and the bulkhead. He boarded the winders broken
514
Q.
in front. He said the little house is empty at the pre-
sent time and two stones have been put through the windows
There is a Cadillac in front of the barn which is the only
car, to his knowledge, on the property. As far as the
car in the yard is concerned, #e liad a roan down there to
move it, but he could not do so because there was a line
of pipes there. The estate has never been settled and
is still in probate. His sister contacted the lawyer
last Friday and was told that within ten days, the estate
will be probated. He said at the present time, no parti-
cular person owns the property.
The Chairman asked if the property was owned by the
estate and who the administrator is.
Mr. Cummings replied he and his sister .
The Chairman read Mr. Irwin's letter of April 7, 1964
and asked to what extent the conditions have been improved.
Mr. Irwin replied the openings have been closed and
it is a matter of opinion whether entrance can be gained.
He said some of theentrances had been closed presiously
and there was a fire on the second floor . Since that
time, the openings have bean closed, but other than that,
there has been no material change.
The Chairman asked if the same car parked there was
there when Mr. Cummings met with the Board before .
Mr. Irwin said there was a car on the barn side of 11the property. There is now another one to the left of
the house. He said he didnot know whether the same car
was there or not.
Mr. Cataldo said it is the same car.
The Chairman said the Board is interested in having
the situation corrected .
Mr. Cummings asked the Board what it wanted done, He
said after another ten days, the family is going to get
together and see what disposition will be made of the
property, whether he will take it over, whether they will
sell it or what they are going to do. He said until that
time, there is nothing he can do about it He repeated
what he told the Board at the previous meeting in regard
to the mortgage on the property
Mr. Sheldon asked if it would be possible for Mr.
Irwin to make an appointment with Mr Cummings early this
week and see what can be done temporarily to make it
safe.
Mr. Cummings said both places are vacant and it is
difficult to control children. He stated he purchased
3/4 plywood and nailed it up on the windows. Two weeks
later, two pieces were pried off. The sashes, frames and
all were broken. He said he could not be there twenty-
four hours a day watching the place.
The Chairman read a portion of Section 1, Chapter 139
of the General Laws and said the Board could declare the
property a nuisance and order its disposition
010_
Mr. Cummings asked if Mr. Irwin could tell him now
just what he did find and waht he wanted done. He said
he would get the old car out of there the first chance
he has . He asked if he was permitted to park a car on
his own property
The Chairman said the issue is the condition of the
property in general.
Mr. Cummings asked if it was wrong to park a car
on one ' s property, registered or not
The Chairman said it would depend on the conditions
that exist. He asked if Mr. Cummings owned the cars.
Mr. Cummings replied all he knew about was one car,
an old Cadillac, which is his.
Mr. Legro asked if Mr . Cummings was one of the owners
of the building now
Mr. Cummings said one of the owners, that was right .
He said there are three people in on the property and it
is hard for one person to make all the decision s until
there is a clear title to the place. He said he could
not go much further until the estate is probated . Last
Friday, the Lawyer said he hoped to have a clear title
in ten days .
Mr. Cataldo asked who would own the property in ten
days.
Mr. Cummings replied he did not know. He said when
the title is clear, he will sit down with the rest of the
family and see what is going to be done with it . He said
he might own it, they might sell it, his sister might own
it, he did not know. He said he has been paying the
taxes all these years and it has been a burden, expense
and eyesore to him.
The Chairman said Mr. Cummings did have an interest
in the property along with the other individuals and it is
within the province of the Board to make a decision whether
the building is a nuisance or not . He said Mr. Cummings
would be notified of the decision along with the other
owners . He said the Board would make a decision and
advise him.
Mr. Cummings asked what the decision was about, and
asked whet the Chairman meant that the building was a
nuisance. He said the Board agreed that the Building
Inspector would mate an appointment with him and go over
the property and state what should be done. He said he
boarded the windows and took care of any openings . If
there have been more windows broken, he will board them
so no one can get inside the place.
Mr. Burnell suggested that Mr. Irwin and Mr. Cummings
get together this week and make an effort to take care of
this within a week's time so the Board could have a report
the following week.
_
F.
Am
071
The Chairman said at this point he wanted to know
if there are any other facts Mr. Cummings or Mr. Irwin
could make known to the Board
Mr. Cataldo asked if Mr. Cummings could give the
Board a definite answer what he is Going to do with the
building in two weeks
Mr. Cummings replied he could not guarantee that .
Mr. Cataldo said the ten-day period he spoke of
could be six months .
Mr. Cummings said his nephew is in Arizona. If
the property is a nuisance, he asked if the Board was
afraid someone was gang to get into the property He
asked if the Board wanted it boarded up or just what did
it want . He said he was here to get information. He
said Mr. Irwin should tell him what to do and he would
do all he could to co-operate
The Chairman said anything the Building Inspector
would tell him, he would be acting for the Board. If
there are no further facts to be presented or questions
from the Board, he would declare the hearing closed . #e
said the Board would consult with the Building Inspector
and let Mr. Cummings know what is required
Mr. Cummings asked if the building was to be dediared
unsafe, or what was wrong.
The Chairman said these are the decisions that will
be made by the Board, and so inform him.
Mr. Cummings asked what would create a nuisance
The Chairman said this is what the Board will decide
and Mr. Cummings would be informed of the result and should
hear in a very short time.
The hearing was declared closed, and Mr. Cummings re-
tired at 9:55 P.M.
Mr. Irwin said the last time the Board had Mr. Cummings
in, there was some boarding-up done . Then there was another
fire in the second floor. This again has been boarded up.
Mr. Cataldo inquired about the Board' s rights .
Mr. Legro said he would like to have evidence of this
evening, as to what condition the property is in and what
might be done to correct it . He said Mr. Cummings was
asking what he could do about it .
The Chairman said the Board has the power to declare
the building a nuisance.
Mr. Cataldo asked if the ,,Board could legally do anything.
Mr. Legro advised that a report should be made by the
Building Inspector describing where it is burned, how it is
dilapidated, what is wrong with it, broken windows, sills
are rotted. He said the property should be described so the
Board can arrive at its determination of the condition He
also advised, for its own protection, the Board should set
11
forth the facts before it reaches it reaches any conclusion.
e) 1
The Chairman said the Board did not have to make a
decision this evening.
Mr. Legro replied that was correct; there is no time
limit
The; Chairman said the Board could have a detailed re-
port froth the Building Inspector or the members of the
Board could go down and inspect the property
Mr. Legro informed the Board that Mr. Cummings has a
right of Appeal. He said if the Board is going to find
the property dilapidated, burned or dangerous, it should
have something to support its decision.
Mr. ' Irwin asked what the Board wanted
The Chairman replied a thorough inspection and a de-
tailed report with specific things that are wrong with the
building, and his opinion as to the advisability of restor-
ing it to a proper state or tearing it down
Mr. Irwin said he would also take some more pictures.
At 10 :10 P.M. , Chairman Boughton, Mr. Chapin and Mrs .
Rawls of the Capital Expenditures Committee met with the
Board. Capital
Mr. Cataldo submitted a progress report on the Hunt Expendi-
Block. tures
Mr. Gray reported that the Appropriation Coiaittee Committee
will be meeting next Monday night , at which time this subject
will be discussed. As far as that committee is concerned,
it is within the lines of what the Board discussed with it
and they feel it should be fully expbred. The Appropri-
ation Committee has not heard anything that would dis-
courage it from looking into the matter.
Mr. Boughton reported that his committee feels the
Town is financing a very good deal for the Trust, that
the Town is , in effect, staking the Trust to the down
payment for the financing of this building, and whether
this is bad or good would be the argument.
Mr. Cataldo pointed out that the Tnust is not
anxious to do this and the Town will not be financing
a new building.
Mr. Boughton said his committee would not support
a $250,000 project that would only widen Massachusetts
Avenue, but would support such a project tied in with
some redoing of the center of the Town
Following a rather lengthy discussion of the subject,
the Capital Expenditures Committee retired at 11:05 P.M.
Upon motion duly made and seconded, it was voted
to close the Town Office Building at noon on Thursday, Town
December 24, 1964. Offices
518 v
ty
Cri
Upon motion duly made and seconded, it was voted IIto adjourn at 11:10 P.M.
A true record, Attest :
-,xec
pred
v , le F, Se eciir n
1
I
a
SELECTMEN'S MEETING
December 28, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room Town Office Building, on
Monday, December 28, 1964, 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
Verbal request was received from Mr. James J. Carroll,
for drawing of two jurors The following individuals Jurors
were drawn for jury duty Nicholas L. Durso, 5 Patterson
Road, and Robert E. Baylis, 92 Adams Street.
Mr. Gray reported that the Accounting Department had
requeted a transfer of $400 for the purpose of a new
long carriage typewriter, the old one ha\ ing broken down
He advised that he had discussed the matter with Mr Transfer
Blaisdell, Chairman of the Appropriation Committee That
Committee is meeting this evening, and if the Board ap-
proves, he uould advise it so that action can be taken.
UpOn motion duly made and seconded, it was voted
to request the Appropriatinn Committee to transfer the
sum of $400 from tie Reserve Fund to the Accounting De-
partment Expenses Account.
Mr. Gray reported that an additional sum of $2300
is needed in the Insurance Account. He explained when Transfer
the budget was figured, the participation credit which
the Town did receive was credited to the Excess and De-
ficiency Account, and not the Instrance Account .
Upon motion duly made and seconded, it was voted
to requ st the Appropriation Committee to transfer the
sum of $2300 from the Reserve Fund to the Insurance
Account:
Mr. Carroll referred to the Concord Avenue sidewalk
bids on 'which he reported last week, and advised that the
corrected figure of the low bidder, Belli Bros . , is $25,978.25.
There are funds available only to award the contract on
the basis of the low bid, not the alternate of $33,003.75.
That will construct the sidewalk from house #137 to Waltham
Street. He said he felt, if the Board feels it wants to
go all the way up next yeaz , he thought it could add the
alternate part of the construction in the spring when
money is available . He recalled that the original
C
petition was for a sidewalk from house #137 to Waltham Street
Mr. Cataldo mentioned that the Board felt, at the
time, if the sidewalk was ever going the entire distance,
it should be done now
Mr. Carroll recommended constructing the sidewalk
from house #137 to Waltham Street now and stated the
contractor will still be the low bidder in the spring
The Chairman said as long as the Board makes sure
it is in the record, it will take a look at this in the
spring and not make any commitment that it will be done
in the spring.
Upon motion duly made and seconded, it was voted
to award the contract to Belli Bros. , the low bidder,
at the bid price of $25,978.25 for theconstruction of a
sidewalk on Concord Avenue from house #, 137 to Waltham
Street.
Mr Carroll mentioned the fact that the Board asked
him to work with the School Department relative to plowing
sidewalks whichare not now plowed by the Town. He re-
ported he wrote to Mr . James Maclnnes, sent him a copy of
a snow-plowing map and asked him to indicate the sidewalks
he thought should be plowed.
Mr. NacInnes stated in his letter that he could see
no elimination of school buses by the suggestions that
he made. He listed the roads that he thought would help
the walking situatinn to and from school.
Adams School - Taft Avenue and Charles Street.
These would provide addesses to Massa-
chusetts Avenue and allow many of the
feeder streets to filter onto them.
Joseph Estabrook School - Turning Mill Road from Grimes
Road. Gould Road and Dewer Road. The
number of children using these streets is
not excessively large but is within the
mileage distance, and there is some concern
about the Turning Mill Road and Gould Road
corner as it is quite hilly and curvy.
Fiske School - Thoreau Road and Emerson Road
Munroe School
Muzzey Junior High School - These two schools are in the
same district. Winthrop Road, Highland
Avenue and Percy Road are feeders for these
schools
Senior High School - Worthen Road from Waltham Street to
Kendall Road .
Mr. Carroll said the only one he did not think the
Town should plow was Emerson and Thoreau Roads because
91
there is no connecting sidewalk. He intends to recommend
to the Board that a sidewalk be constructed here next year.
Upon motion duly made and seconded, it was voted
to plow the sidewalks listed by Mr.Maclnnes with the ex-
ception of Emerson and Thoreau Roads
Mr. Carroll said at the same time he asked about
plowing the portion of Marrett Road from Waltham Street
up to Spring Street Mr Carroll explained the problem
here is there are sections of the street, especially the
one from' Follen Road to Steadman Road, where the trees are
in the middle of the sidewalk area. He stated it is im-
possible to get a sidewalk tractor in there without get-
ting it into the str-et. He said this sidewalk should
never be plowed unless the money is appropriated to re-
build it and take down the trees. He said it would be
unwise to go out on the street as then it would imply
that theisidewalk is out in the street . He recommended
that the Town not plow Marrett Road this year.
The Chairman said the Board was in sympathy with Mr.
Carroll's recommendation.
Mr. Carroll said the hearing on street construction
has beenlscheduled for January 27, and he should know
fairly sbon the streets that are going to be accepted Streets
so he can have a plan made up as notices have to be sent
out. He presented each member of the Board with a copy
of his street budget to look over and suggested that it
decide on this particular budget next week
Mr. Carroll referred to the Planning Board 's letter
of last week relative to the acquisition of a parcel of
land on Adams Street, opposite Emerson Road, owned by
Chester Lidberg He said Mr. Zaleski, Planning Director,
has been discussing this subject with him for some time now.
Mr Carroll told the Planning Board, at Mr. Zaleski's request,
where he felt Em- rson Road should ,go - in the approximate
location shown on the plan he submitted tothe Board. He
stated the problem is one ofcost Mr. Zaleski thought
the road could be swung around and come at the side of the
hill. Mr. Carroll said it might cost as much as $90,000
to go through there if it is solid ledge . He said the
Board coMld become involved with the possibility of buying
Lidberg'Is house . He said he felt the road should be lo-
cated about as it is shown on his plan and stated the Town
is more or less committed to this location.
Mr. Sheldon asked if borings should be taken and Mr .
Carroll -eplied if it is important, but he did not like
the idea of changing the location of the road. He
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explained Mr. Zaleski 's idea is that Mr . Lidberg can get
one more lot by moving the road and therefore he would
give the Town a better price.
The Chairman asked if an appraisal had been made.
Mr. Gray replied in the affirmative and stated it
covers both possibilities as he remembers it .
The Chairman said Mr. Carroll was recommending that
the Board proceed according to the original plan.
The Chairman referred to the Planning Board's letter
and said the Selectmen approve the Planning Board carrying
on on the basis of the original proposal.
The Chairman read a letter from Alfred P. Tropeano
with reference to Vine Brook Meadows, Section Two, advising
that all the work on this subdivision has been performed to
the satisfaction of the Superintendent of Public Works with
the exception of spot loaming and reseeding the shoulders.
Mr. Tropeano requested a check in the sum of $650.46 so
Vine Brook that he might forward it to the contractor
Meadows Mr. Carroll recommended that the request be granted
Section Two Upon motion duly made and seconded, it was voted
to authorize payment of $650.46
Request from the Metropolitan Building Movers Co.
for a permit to move a building from 544 Appleton Street,
Permit Arlington, to 15 Webster Hoad , Lexington, was held over
for one week at the request of Mr. Carroll.
The Chairman read a letter from Mr. Stanley Roketenetz,
Jr. , addressed to Mr. Carroll, in regard to certain monies
withheld by the Town under a provision of the contract.
Mr. Carroll stated collections have been good, but he
recommended that the Board consider this at theend of the
Garbage contract.
contract Upon motion duly made and seconded, it was voted
to advise Mr. Roketenetz that his request will be con-
sidered at the end of the contract.
The Chairman read a letter from the Jaycees with-
drawing a request for permission to burn Christmas trees
Christmas at the old dump site on Lincoln Street, permission having
'trees already been granted to use the lot adjacent to Systems
Development Corp. on Hartwell Avenue, through Cabot, Cabot
& Forbes .
The Chairman read a letter from the Fire Commissioners
requesting insertion of three articles in the warrant for
the Annual Town Meeting in March
11
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The Board agreed that the Commissioners were entitled
to having the articles in the warrant but desired more
information relative to the appropriation of $18,500 for
modernization of Fire Alarm Room at Headquarters .
Letters from the Fire Commissioners advising of
balances in accounts to be returned to the Town were Balances
noted and placed on file.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on December 21, 1964
At 8:00 P.M. , Mr. Donald E. Nickerson, Chairman of
the Board of Appeals, Mr. Donald K. Irwin, Building In-
spector, Mr. Arthur E. Bryson and Mrs . Natalie Riff in, of
the Planning Board, and Mr . Lester York, met with the
Board. Zoning
The Chairman stated that some of those present had
met with the Weyerhaeuser people who are desirous of
putting a warehouse in the Town' s recently rezoned area
warehouse district which would be third-class construction
because they are a wood producing outfit and would like to
have the building wood.
Mr, York stated the warehousing people are a nationally
known concern dealing in laminated wood products. All
their material is prepackaged in the mill. They came to
Cabot, Cabot & Forbes for an area which would have railroad
siding. He stated Cabot , Cabot & Forbes called him and
asked if there would be a possibility that Lexington would
welcome these people to the Town as a new industry. This
is for wholesale distribution of their products The new
warehousing zoning has been approved. Two items in that
which they would not want to comply with. One would be
the fact tx.e zpning calls for first-class or second-class
construction. The interior of the building will be
sprinklered. They don't want a building of stone and
brick. Cabot, Cabot & Forbes recognized a beautiful
building would be built . They are willing to let down
the bars because they do have a stipulation in their deed
for brick on all sides . Mr. York presented pictures of
the firm's operation in Charlotte, North Carolina. He
said all lumber will be p epackaged in even bundles of
even length. Occasionally there will be laminated beams
stored. This is a wholesale operation. The yard can be
screened by trees and fencing. He said there is one other
point to bring out here. Because of the weather, they
plan to build sheds. There will be times when there will
be outside storage in addition to what will be housed under
these sheds. He also presented a plan and indicated to
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the Board the parcel of land the company is interested in.
Mr. York said, as he understood it, they would end up with,
#1, the fact it is not first of second-class construction,
but third-class construction; #2, the new zoning law says
no outside storage. There will be outside storage at
times . They found they had to put in a screen to keep
the snow and ice from drifting in The sheds will all
be in the rear and almost impossible to see from the road.
The third thing is, in the building code, there is a
requirement that they have a fire wall. In the type of
operation they have, they would like to have it all open.
One other point is, they feel this will have an assessed
Valuation of $600,000 There will be 45,000 square feet
in the main building.
TherChairman said the first major question is, is
there any way, if the Board wanted to, to give them the
right to have third-class construction the way the zoning
law is written.
Mr . York said only through the Board of Appeals can
these variations be permitted.
The Chairman asked if the Board of Appeals has the
right to give these variations .
Mr. Legro stated that the building code calls for
first-class or second-class construction.
Mr. Irwin said there are area limitations . These
can be increased by the use of a sprinkler system. Certain
types of uses and buildings require various classes of con-
struction. There are two problems they are faced with in
the building code They don't want fire walls .
The Chairman asked, if the Building laws state this,
does the Board of Appeals have the right to grant the
variation
Mr. Legro stated it has the right to vary the building
code where strict enforcement would involve stbstantial
hardship and where desirable relief would not substantially
derogate from the intent or purpose of the By-Law, but not
otherwise
Mr. Nickerson explained this would be a finding and
determination which the Board of Appeals would immediately
refer to the Planning Board for study and advice, which it
is compelled to bring back to the Board of Appeals in a
month That would refer to the size of the building, the
location, etc. , etc He saidthe Board would also have
the question to submit to the Building Inspector, or possi-
bly to legl counsel, could the Board permit the variation
for a third-class construction. He menticned that second-
class construction requires masonry walls and the subdivision
of areas by a fire-proofed division. This would be wooden
walls and no subdivision. He said it certainly is not a
simple thing. The Board of Appeals would send out its
reque t for advice from the Planning Board and from Town
Counsel and in a case like this, it would want to find
out how the Selectmen, and if possible, the townspeople
at large, would feel about such a substantial variation.
He said he read through the minutes of the Planning Board
that there was a concerted objection by the people in the
neighborhood. He said he felt in an appeal, if the Judge
read these articles here, he would set this aside
The Chairman stated that Mr. Zaleski, Planning Director,
sat in on the original approach by these people and asked
if he has reported to the Planning Board.
Mr, Bryson replied he has not been given time. The
Planning Board has had the basic facts He said his main
consideration here is it would require a change in the
Zoning By -Law. He said he felt any citizen bringing
a suit against the Town would win because there is such
a substantial variation. He said he thought eventually
the Town could obtain more firms of the type it has here already.
Eah# tithe the Town goes down further and further on the
ladder, the less chance it has He said he did not like
outside storage. The third-class construction also gives
him some concern about a law case.
The Chairman said the chances are the advice from the
Planning Board would be negative .
Mr, Bryson said he believed so.
The Chairman said there is enough pessimism regarding
this project to say the Board will not give them much
hope.
Mr. Bryson said he would like to see if they would
have fire walls and no outside storage.
Mr„ Nickerson said there is still a building with
wooden exterior walls. The Planning Board could never
say this really complies as second-class construction.
The Chairman said the Town is pretty much bound by
the Zoning By-Law as it stands.
Mr, Nickerson said unless this came to the Board of
Appeals with everyone in favor of it, Planning Board,
Building Inspector, all concerned, he knew the Board
would say it would have none of this. If it did come
with everyone coinciding, the Board of Appeals would give
it its best consideration. He said if he read the
Planning Board minutes correctly, he did not believe it
would be entirely favorable .
Mr, Bryson mentioned truck traffic .
The Chairman said it would not be at peak traffic
times and about 99% of it would be on Route 128.
Mr, York said the materials would come in by freight
car and ;go out from the plant to their dealers between
eight and five. There would not be any large amount
520716
during the rush hour.
Mr.Bryson stated the area had been zoned for light
manufacturing for many years . The difference between
the type of warehousing proposed here is hardly distinguishable
and the people objected tothe truck traffic
Mr. Irwin said they are going to bring in 1,000 full
truckloads going out for distribution.
The Chairman said the Board has an idea of the Plan-
ning Board 's thinking. Unless there is wholehearted
support, it would be foolish to entertain it .
Mr. York stated he asked Cabot, Cabot & Forbes what
would Weyerhaeuser 's reaction be if they could put the
building in, third-class, but no outside storage. They
thought they would be able to sell this to Weyerhaeuser.
The Chairman stated as time goes on, they might have
to resort to outside storage.
Mr. York said he believed these people would not
jeopardize their position. They are buying this land
and will own the property themselves. This is quite
important. They will have to maintain it and take care
of it.
The Chairman asked for the Planning Board 's reaction
to no outside storage and still third-class construction.
Mr. Bryson replied he would prefer second-class
construction with open storage screened.
The Chairman said they would like to show the product
off in their own building.
Mr. Sheldon advised they could construct a secondrelass
building and wood veneer it.
Mr. Irwin said this had been suggested
Mr. York said they are in the laminating business, and
if the Town insists on second-class, this is in opposition
to what they are selling the public .
Mr. Sheldon said they are mixing up merchandising
with zoning.
Mr. Bryson said the purpose of the building code is
to protect the public and this includes fire construction.
He said if the Board could ask for opinions of people who
have seen this, and it could be assured this was as safe
as second-class construction, the Board might consider it
He said he did think it would entail a Zoning By-Law change
The Chairman asked if it was agreed that unless there
is wholehearted support, it should not be attempted
Mr. Bryson stated it is not the Planning Board 's intent
to keep business out of town. If some compromise could be
worked out and the Board were assured this was fireproof
He said he felt the only safe way to do it would be to have
the Zoning By-Law changed or rewriting of the building code.
Mr. Sheldon said if evidence is to be obtained, it
would be important to get an opinion from the Fire Department
rag'611 m7
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or go beyond and find out how good a sprinkler system would
be.
He asked if the Board got facts and stopped there,
or go to the hearing phase and then the article at Town
Meeting.
Mr. Nickerson said he has a plant that is not third-
class construction. It is masonry and wood framing. He
feels his sprinkler system is 100% effective . The sprinkler
system in this warehouse could not be conventional type
of water pipes. It would work when the temperature goes
below freezing. This warehouse will not be heated, but
it is perfectly efficient
Mr. Sheldon asked if there was any real problem that
could notl beurm
s ounted by good engineering.
Mr. Irwin said he agreed This propertywill be
removed from the other properties. It is their own pro-
perty. The area requirements will not be too much danger
to someone else 's property. With the sprinkler system
they will have protection. This is only a small part of
the answer.
Mr. Nickerson said if the Boards attempt to tear this
recently-passed article to pieces, it would be silly. Be
said he thought, if this is going to be considered, it
should beton its own basis without changing the recently
designed By-Law
Mr . Cataldo said if the Board can go along with some-
thing like this, both the Building and Zoning By-Laws will
be substantially broken down. He said he would rather see
a much better package buildingwise. He infermed the group
that Georgia Pacific in Needham has everything under cover
and all first-class construction. He said if the Building
and Zoning By-Laws are broken down, these people should be
asked to put everything under cover. He stated the Board
should fight for this and not break everything down.
Mr. Legro advised that in addition to the variation
of the Building code, the Zoning By-Law must be varied.
Both variations require determination of hardship to the
applicant peculiar to the locus different from the rest of
the district. No facts support any such hardship
Mrs. Barrabush, Eldred Street, said she thought the
Fire Department should have something to say about this .
The Chairman said before the Board gets into the Fire
Department, it has other problems to solve, and it seems
this has many obstacles to overcome. He said the question
is, how mrrIch can the Town compromise.
Mr. FBryson said the company is trying to get a wedge
into changing the Zoning and Building By-Laws . This gill
be part o the propaganda to get other towns to change their
By-Laws. He said perhaps the company could tell the Board
how it got the laws changed in St . Louis
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Mr. Nickerson said this is the area they would select
as their center distributing point . Whether Town Counsel
would think that much of a hardship, or the Judge would
consider it a hardship, is doubtful.
Mr . York said it is their intention to have three
small op rationsiin this area. They must have rail
siding .
Mr. Cataldo asked if they had approached any other
towns asking them to do what they propose here.
Mr. York replied they have looked at Wakefield , but
there it is costly to bring the railroad in.
Mr. Cataldo asked if they discussed it with the Town.
Mr. York replied in the negative . He said they would
prefer Lexington because of the central location.
Mr . Cataldo said then they have not reached this point
in any other town.
Mr. York said no they hadn't .
Mr. Sheldon said he believes Town Counsel is saying
unless by vote of Town Meeting the Zoning By-Law is
amended or changed, this is going to be impossible.
Mr. Legro said he thought the Board of Appeals would
have a problem finding hardship. That is an absolute
requirement, one of the four.
The Chairman said it seemed tohim the problems facing
this are almost insurmountable, and if this is the case,
they might as well stop where they are
Mr. York said he would like some effort, if this is
possible . This is a good company
The Chairman said there is no argument , but if they
are going to have a problem in proving a hardship, it
would seem farfetched to find a hardship.
Mr.York asked if he went to the owners of the pro-
perty, with the owners to prove a hardship, would it be
up to them.
The Chairman replied this would be the first stumbling
block. He said Mr . York knew the Planning Board 's attitude.
There are too many areas to get a compromise .
Mr. Legro said these are all zoning violations too .
Mr . Nickerson said there is a third zoning violation.
Mr. Sheldon said if the Planning Board felt it would
like to hold a hearing, to get the sense of the meeting,
and if a majority of the peoples ' attitude was definitely
against this, then it would be known they are going to
remain against it . If their reaction turns out favorable,
that would be an indication to go a step further which
would be to go to Town Meeting.
The Chairmansaid this would be taking steps to weaken
the Zoning By-Law
Mr. Bryson pointed out that people who attend hearings
are usually people opposed . People in favor stay home.
The Town Meeting often favors things people are against.
M"s. Riffinrsaid she felt the Zoning By-Law was
written to protect the people, the Town and buildings
already standing. If the Boards are willing to break
it down, it would mean someone else would come in and
have outside storage. She said she objects to outside
storage. She said the Board worked ,pith the other
companyiwho wanted to put in a warehouse, and it was
acceptable to other companies who are willing to come
in and guild under the By-Laws.
Mr. Gray said he would think Mr. York could go
back and talk to these people . If the company needs
this location and siding badly enough, they may be
willing to .
The Chairman asked Mr. York if he wanted an excerpt
of the minutes . He said the appearance would be what
they desire, but the construction would still meet the
code.
It was agreed that Mr. York would approach these
people again.
The Chairman said there are two business properties
in the center ; The old Central, Block and the Hunt Building.
He asked if they a e destroyed and reconstructed , who
could give them permission to have apertments on the Hunt Block
third floor. and
Mr .Nickerson said they could not have apartments Central
on the third floor. They could have two and a half Building
stories with sleeping quarters , but cooking, no. He
said if the buildings are completely destroyed, then they ace
are out of business .
Mr. Irwin said none of the codes provides for mixing
uses. These buildings are nonconforming
The Chairman asked if a variation could be granted.
Mr. Nickerson replied in the negative . He said
this would not be a finding and determination. He said
if that was broken down, there would be customers.
Mr . Cataldo asked if there was any way to bu'. .d a
three-story building and have apartments on the third
floor.
Mr. Nickerson replied not unless the Town changes
the Building By-Law.
Mr,. Irwin said there a e height limitations too .
Mr. Cataldo asked if they put an addition to the
building as it is now, could they do it .
Mri. Nickerson said an addition would be subject to
as if it were new construction.
The group retired at 9 :00 P.M.
I
530
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Upon motion duly made and seconded, it was voted
License to grant an Innkeeper' s license to Motels Management
Corp. , Inc. , Battle Green Inca
Upon motion duly made and secondea, it was voted
to grant the following Taxi Driver licenses, subject
to satisfactory references being received from the
Chief of Police
Licenses
Henry W. Jenks, Bedford, Mass.
Joseph W. Miles Arlington, Mass
William R. Callahan Lexington, Mass.
Letter from the New England Stites Exhibition, in
Lexington regard to a Lexington Day at the World 's Fair, was re-
Day ferred to the Town Celebrations Committee for perusal
and recommendations
Upon motion duly made and seconded, it was voted
Option to exercise an option for the acquisition of the Lyon's
property on Waltham Street, as presented by Town Counsel
Notice was received from the Emergency Finance Board
School of authorization to borrow for school construction. The
Borrowing Clerk was instructed to forward the vote of the Emergency
Finance Board to Town Counsel.
Memorandum from Douglas T. Ross, 33 Dawes Road, in
Land regard to an exchange of land was held over to give Town
exchange Counsel an opportunity to read it .
Memorandum from TMMA regarding reports of Advisory
Committees on articles was held over to give Town'Counsel
an opportunity to read it
N
Mr. Gray reported on the Jaycees ' request to hold a
circus on Parker Field, and Mr. Cataldo said the question
Circus was raised as to whether or not the Board could grant
them permission to charge admission to Parker Field.
Mr. Gray was asked to check further in regard to
charging admission
Mr. Steele, Chairman of the School Sites Committee,
Mrs . Morey, a member of the Committee, Mr. Viano, Chairman
of the School Committee, Messrs . Page and Fenske of the
School Committee, and Dr. Fobert, Superintendent,met with
the Board.
The Chairman said the meeting was to discuss the
possibility of having another school site other than
Moreland Avenue site He said the School Sites Committee
was investigating another site on Pleasant Street
531
Mr. Steele said the Town owns, in theory, the Tarbell
and Moreland Avenue site . Because of the high site prepa-
ration cost of Moreland Avenue, the Town Meeting wanted
the Committee to try and find some way to get a site for the
MorelandAvenue School site . In checking through all
possibilities they could think of , and getting the right
site location and saving money, Tarbell Avenue has been
eliminated. That gets them to the present Moreland
Site with the possible additional land in the mimediate
area, higher and drier, at a much less site preparation
cost, or a new site, such as Pleasant Street-Mason Street
site, which would split the two sites . This is the area
in which the long-range town plans show Emerson Road and
some have mentioned Route 3. To acquire this land will
cost about $70,000 for the land. It is a good site . The
people involved have looked it over. Mr . Carroll and the
architect have been over it, and it is acceptable as a good
site. In talking with the School Committee and the
Standing School Building Committee, their first choice was in
the Moreland Avenue area. The Sites Committee then went
back to that to see what might be done It does see site
costs He said he has looked into acquiring land adjacent
to it, Owned by Mr. Carrig, and some other land just above
the Moreland Avenue site in which the Town has three or
four pieces of tax title property, and an easement to get
into the Carrig property. The coa:mittee has been trying
to get real information to present to the Board this even-
ing and say this is exactly it . There are available
borings in some of the immediate area. He said the com-
mittee proposes that the next school site for the Moreland
Avenue school will be in that immediate area and try to
acquire land close to it . He said it will mean an addi-
tional expenditure for some land around it . The Committee
recommends that if an article has to be presented that it
be handled atthis time so that immediate area could be
the next Moreland Ave _ue School site . He said before get-
ting to the final wording, his committee will know exactly
what is there and what land it should take . This will
require more study and professional information so the
eommittee will have exact information for the Town Meeting.
He said the committee thinks this would be the best
solution to the problem. This is the opinion of the
School Sites Committee . He said he knew everyone has been
concerned and tried to help. If anyone wants tospeak,
they should do so .
Mris . Morey said the Board asked the committee to come
in hers two weeks ago toniLht . She said she did not
think they had the meeting they miEht have had . There
e�6 G) ^�
CC
has not been the time for a concerted study She said
the wording of the article would not have to be taken
care of until the warrant is signed even though the
warrant closes January 8. She said they estimate $500
based on what the committee has of studies previously made
available, plus further study of specific acres involved,
the cost should not be over $1,000 and she thought it
would be under $1,000. All of this cannot be done in a
few days . The committee does not think tonight it should
say this is it
The Chairman asked if the committee had made its
recommendations to the Standing School Building Committee .
Mr. Steele said, on the telephone to John Hargrove ,
He has talked to Dr. Fobert, Mr.Viano, Mr. Cataldo and
Mr. Page, several people individually to get their thoughts
on this to see if thecommittee was going in the right
direction. The concensus seems to be this is the direction
in which the committee should work.
The Chairman asked if the architect would have any
problem.
Mr. Steele replied this is what the committee has to
find out. The gentleman is in Mexico and that they have
to check on.
The Chairman said ifthe Board reserves an article
in the warrant, it could conceivably come in the area of
Moreland or Pleasant Street.
Mr. Steele said it could conceivably, That is why
the committee wants exact information so it can decide
what is the thing to do . The committee still thinks
it will take two or three weeks.
Mr. Viano said they were all set to build the school
on the Moreland Avenue site and he did not think at this
point they would reverse that decision. If there is
land high and dry, they would be happy. If it is the
Mason Street site, they would be happy
Mr. Fisher said they need to start next fall.
Mrs . Morey said if the architect could adapt the
plans to a slightly different land, it might cost more
planwise but might save more for the site development.
Mr . Steele said his committee should have more posi-
tive information and he thought it would take a little
longer and get more specific facts on both places .
Mr. Viano said on the Carrig land, consideration
would have to be given as to how it will affect building
Worthen Road .
Mrs . Morey said the committee has been looking at
the plan.
Mr. Steele said he wanted more time to get answers
He thought the Board could go ahead and prepare the
articles to get the bids out next fall.
��hhq Cha'rma said the committeeleans to ad�_ itional
land in the Niorelland Avenue area and wants more time.
Mr., Steele said the Lioreland Avenue site - they need
a school, Carrig's land will be developed and the Swenson
Farm will be developed. It seems to be the committee
this is the proper location for this next elementary school .
Maybe some time in the future, Tarbell Avenue site will be
needed the School Committee is more or less leaving it
up to the Sites Committee.
Mr Viano said this approach seems favorable to the
School t omioittee .
Mr. Cataldo said he understood the Conservation Com-
mission is going to have an article to buy eighty acres
of the Swenson Farm
Mr$. Morey said the committee would let the- ioard
know when it has something to report
The group retied at 9 :40 P.M.
Mr.i Dean Nicholson, attorney for Mrs . Virginia Coleman,
Wild Acre Inn, 50 Percy Roac , met with the Board
The Chairman read a letter from Mr. Nicholson, dated
December 15, 1964, which the Board had at its last meeting Wild Acre
advising th t Mrs Coleman is desirous of changing her Inn
license ,from an Innholder to a Lodging House
Mr. Nicholson said what has happened, in 1964 the
State Legislature came up with an amendment to the
statute and the statute was designed to have the Depart-
ment of Public Safety have jurisdiction over motels. Prior
to the Change in the statute which went into effect in 1964/
in order to come under the jurisdiction you had to have so
many roems, a certain capacity, so m^ny rooms above the
second floor, none of which Mrs . Coleman ever had There-
fore, she was not under their jurisdiction. Then this
statute came along and a Mr. Littlewooc , an Inspector, said
it should be under the jurisdiction of the department and he
suggested if she did not have an Innholder 's license she
would not be under its jurisdiction because she is not
operating a motel but simply a lodging house. She rents
a few moms there and that is the way it has been for
fifty or sixty years . She owned the place since 1956.
She is 0 widow with five children and would like to change
the license from an Innkeeper to a Lodging House . She does
not care about the Common Victualler ' s license . In 1964
the statute was amended to give the Department of Public
Safety jurisdiction over motels and in so doing, it auto-
matically swept in this p rticular piece of property
They themselves suggested that her operation was a Lodg-
ing House. If thelicense were c.ianged, they would not
come into the picture . He said they have not made any
inspection but if they did, they would have to require
many changes which would be very expensive . She is
a nurse working day and night to send her children to
school and keep this place going
71:34
01
The Chairman said she was swept into their jurisdiction
by the type of license she held She contends she has
always run a Lodging House.
Mr. Nicholson said she caters to men who come from
out of State connected with firms on Route 128. Prior
to their family moving,_to town, they will take a room
for two or three weeks Tourists in the summer take a
room. It is not like a hotel. She has less than ten
rooms . Room to accommodate less than ten. Some people
like to have breakfast in the morning . It is more of
an accommodation. She would like to have the licenses .
It is a three-floor building and I think four on one
floor and five on another. I don't know how many baths.
I think there is a bath for almost every room.
Mr. Nicholson retired at 9 :50 P.M.
The Chairman asked if, she has in fact been running
a Lodging House although callit it an Inn, there is any-
thing that can stop the Board from giving a Lodging House
license.
Mr. Legro advised not if the Board determines this is
a Lodging House.
Mr. Adams stated this has always been an Inn.
Mr. Legro informed the Board that there is evidence
in the past that they conducted an Inn there and so classi-
fied it when they came before the Board of Appeals to
change it from an Inn to a nursing home . The taking of
transient guests in the summertime is typical of the op-
eration of an Inn. He advised if they have been operating
an Inn there and the Board grants a Lodging House license,
it seemed to him it was putting some stamp of approval
from a different operation than what they have a noncon-
forming use for. If they had been conducting a Lodging
House that predtate the Zoning By-Law, they have a non-
conforming use. The mere fact that the Board has, through
misunderstanding, issued an Innkeeper's license from year
to year causes some question to be raised He said whether
this Board wants to make a determination that maybe should
go before the Board of Appeals , he didn't know. He said
if the Board has been granting an Innkeeper 's license and
now changes it, it recognizes a past error or a change in
use
Mr. Sheldon said if the Board grants a Lodging House
License, the only problem is to make sure it is run that
way.
Mr. Legro said if the Board does grant a Lodging House
license, it should make sure they are operating a Lodging
House.
Mr. Sheldon said since she purchased it, she has been
running a Lodging House .
Mr. Legro said then she has been vithlating the Zoning
r9
e)epiel
By-Law, and this is not the Boa d to enforce the Zoning
By-Law, bt.$t he did not think the Board wanted to be put in
a position of dondoning and granting a license when the
Building Inspector would have to say it was in violation. License
He said a Lodging House has the right to select its guests
The Board determined that it had erroneously issued
an Innkeeper 's license in prior years, and upon motion
duly madeland seconded, it was voted to issue a Lodging
House license to Mrs . Virginia Coleman, d.b.a The Wild
Acre Inn, 150 Percy Road.
Upon motion duly made and seconded, it was voted not
to grant a Common Victualler license to Mrs . Virginia License
Coleman, d.b.a Wild Acre Inn, 50 Percy Road .
Mrs . Morey said she had a letter from Dr. Fobert
re the use of the Veterans ' Memorial Library in the
High Scho 1 for a curriculum development center and a
professional staff She said it disturbed her that Veterans '
no one looked into why there is a Memorial Library, and Memorial
in the planning of the school, it was ignored She Library
left a copy of her letter to Dr Fobert with the Board.
Mr. qataldo said the School Department is not going
to change the intent.
Mrs. Morey said the books have been removed and it
is planned to use the room for a curriculum center for
teachers.
Mr. Cataldo said the original report called for a
three-man committee which was never set up for the per-
petual usefulness of this room. He said the useful-
ness of this room may change from time to time and they
should do ;[whatever is in the best interest of the Town
He said it will still be a Veterans ' Library.
Mrs . Morey said the students should be using it and
not the teachers.
Mr. Cataldo said he looked at the room last week and
it is a very impressive room. Some of thechildren are
scratching their names on the wall and he thought this
should be looked into. He said he knew that Mr. Edward
Rowse, a Member of the committee, has no objection to the
proposed talse.
Mrs. Morey said a Memorial established ten years ago
should not be changed without some questions being asked
and they should have in their planning considered this a
library study room.
Mr . Cataldo said it is physically impossible to have
this as a schothl library.
Mrs . Morey retired at 10 :15 P.M.
The Chairman said he would have copies of this letter
sent to the Board and Town Counsel.
X36
al
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 discussion with Town Counsel in regard to
options, it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:35 Y.M.
A true record, Attest
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civ le Sele ct ,.n
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