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HomeMy WebLinkAbout1964SELECTMEN'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 'corks, and Miss Murray, Executive Clerk, were also present. Mr. Gray reported that he had contacted Mr. Frank H. Walker re]d ive to the taking for a sewer easement 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. Tropeano(s 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. Pentahone, 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 37 Walker claim 38 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 read 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 behd.f of Harry M. Sullivan, petitioning Sullivan for an abatement of the street betterment assessment request on Winter Street in the amount of $1,645.60. 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 diff i - Insurance cult to asFess 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 telk- 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 39 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 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. 40 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 Brewer & 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 heap, 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 their re- commendation. 41 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% - 30%. 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 Peat Appropriation 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, Janup.ry 13, 1964, at 8:30 P.M. 42 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. Sussiiian, 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 TA illiam R. Callahan n n Angus W. McIver TT T' Robert B. MacIver n n Lexington Motor Inn Restaurant Common Victualler Battle Green Inn n n Anthony's Restaurant n 11 Brewster's Inc. `T n Lexington Bowladrome " " Early Bird Restaurant FT " Wild Acre Inn 'T TT Woodhaven Country Stores IT n 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. 1 43 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 #4 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 thought 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 4 4 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. Executive Iession 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 financial interest of the Town, or the reputation of any person. The meeting adjourned at 9:10 P.M. A true record, Attest: cn 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, owners of property deemed to be affected as they appear 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 of #6 fuel oil on premises located at 251 Waltham Street. Fuel oil storage 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.) 9f 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 waspresent in favor or in opposition, osition and 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 confirmingitslocations. locat o s. 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. Retirement Mr. Serverson retired at 7:43 P.M. The Chairman read a letter from the Board of Fire Commissioners advising that Chief Benedict J. Belcastro has requested retirement effective June 1, 1964. 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 19614. Cadillac ambulance. The Chairman said this entailed inserting an article in the warrant. 47 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 i/o pole locations: Woburn Street, southerly side, approximately 118 feet west of Lowell Street, -- One (1) pole. Woburn Street, southerly side, approximately 240 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 1967. 4S Meeting re school plans Bond Conser- vation Com- mission terms Minutes Article Mr. Cataldo asked if the Board thought there was any merit to having a meeting with the School Committee 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 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 on the Conservation Commission would be as follows: Jules P. Sussman, one-year term; Stephen F. Ells and William S. Richey, two-year terms, Francis W. K. Smith and Aiden L. Ripley, three-year terms. Upon motion duly made and seconded, it was voted 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 Trinity Pharmacy Early Bird Restaurant Frankl*n J. Crosby Edward S. Lenhoff Andrew J. Gnoza, III Don A. Eriksson Common Victualler w rr Sunday Sales Taxi Driver R 0 n It 0 n 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 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:oo P.M., Saturday, December 21, 1963, Berman's Market, Inc., Myer Berman, Manager, relative to sale and/or service of alcoholic beveraEes 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 was 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 his operation. He has used, and is continuing to use, a system which he hopes to be foolprodf. If anyone is 50 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. He 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 wcs 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. z 1 Mr. Richards Said . theherw a.no= reason to.:.gi estion Mr. McMahon's 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 teem until tonight. He said as near as can be determined, Mr. Beaman 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 statement. Mr. McMahon said, he thought, 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 ahiaf 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 about 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. 52 Mr. Richards explained that Mr. Berman refused to refund it to the minor. At Mr. McMahon's request, he gave $2.61. 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. fir. 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 was 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 gent 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 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: 54 Conduit hearing Bole Location 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, January 20, 1964, at 7:30 P.M. Chairman Cole, Messrs. Brown, Cataldo, Burnell and Sheldon were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. At 7:30 P.M., hearing wES declared open upon petition of the New England Telephone and Telegraph Company for permission to locate underground conduit' in Lowell and Woburn Streets. Mr. Dunn, representing the petitiongr, 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 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 fol- lowing conduit location: Lowell Street: Southeasterly, from pole 58/70 approxi- mately 130' feet of underground conduit. Woburn Street: Southwesterly, from Lowell Str(et, approxi- mately 25' feet of underground conduit. All conduit to be placed in sidewalk. At 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 Mr. Serverson, representing the Boston Edison Company, 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 this petition is for a pole to support the line across 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 approved by Mr. Carroll, and sign the order for the following pole location: Waltham Street, northwesterly side, approximately 317 feet southwest of Worthen Roed, -- One pole. At 7:35 P.M., hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one hip guy and anchor on Massachusetts Avenue opposite Charles Street. Mr. Dunn, representing the telephone company, and 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 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 year. 55 Hip guy and anchflr Minutes Permit 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, representing 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, -- Article Two poles. Messrs. Serverson and Dunn retired. Petition was received, signed by seventeen registered voters, requesting the insertion of an article in the warrant for the Annual Town Meeting relative to prohibiting huhting. 1 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 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 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 warrant for the Annual Town Meeting relative to an amend- ment to the Zoning By -Law with reference to a new para- graph et 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 Low.E1 Streets. It was agreed 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, d.b.a. The Colonial Coffee House - Common Victualler; Caywood Greening, Jr., Taxi Driver. Article Article Article Complaint Licenses 58 'Use of hall Street layout notices of intention Lex.Plaza Trust Article & gift Of land 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 8:00 P.M. until 10:00 P.M., free of charge, but subject 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 was voted to sign notices of intention to lay out the following streets; hearings to be held on January 29, 1964: Bryant Road Fairbanks Road Fessenden Way Marshall Road Mill Brook Road Page Road Phinney Road Rogers Road Rolfe Road Sanderson Road Suzanne Road Tufts Road Albemarle Avenue Blake Road Dunham Street Nowers Road Sullivan Street 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 Meeting to rezone the property numbered 30 Bedford Street from an R-1 District to a C-2 District. Mr. Richards presented a plan entitled "Plan of Land in Lexington, Mass. Scale 1" = 30', 'Sept. 5, 1963, Schofield Brothers, Registered Land Surveyors, 48 Park Stre_ty_ 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 suggestion of the Plan- ning Board that a buffer zone was 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 b.r,ck about thirty-seven feet. 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 and 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 wastalking 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, 59 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. SLiieldon asked if the Planning Board would oppose inserting an article. • Mr. Greeley stated that the Planning 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 not 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. 61 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 wEs 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. Mr. John Carroll said there is one problem. The Engineering Department works from eight to five. Mr. Brown said there would be nor 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. 62 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.Z. 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: 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 daducted, 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. The Chairman said the Committee should be advised that the Board does not object to the $20,000 requested, but does object to $13,000 of it being allocated for tennis courts. Recreatior. budget l-4 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: ,ive,clerkSelect 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 1pter on as the Town can afford it. 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. 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. Sidewalks Chapter 90 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 which will be guaranteed for the next five years. Insurance 66 Permit Bus schedule Rep Morse request for list of historical points of interest 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 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 service the company would like to operate in Lexington 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 of interest to visitors in Lexington. Mr. Sheldon suggested that Mr. Gray contact the Historical Society and all other groups having interest and give them an opportunity to add to the list. Mr. Gray said he would write to the different 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. 67 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 requat 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: Colonial Coffee House Ferdinand S. Pacione Taxi 29 Depot Square Sunday Sales 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 laid 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 Uhited 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 "cooperatively" from page 4 of the same memorandum. Licenses 68 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 woulc: 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 remotes 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. Brown 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. 69 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 domments 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 Dep2rtment 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 would 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 the best advantage of everyone concerned. Mr. Cataldo 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 mare 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 suggested that this be done with Arlington, Winchester, Burlington so that 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 hunting permits. He explained the reason is that as the 70 Town has grown and the fields have shrunk and houses have been built, 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. Tropeaao 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 properlyposted. The group retired at 8:50 P.M. Mr. Thomas Osborn, 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 waich is getting to be a speedway and is heavily travelled. He said in the past year and a half, three Cc 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 has 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 asked 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 Association. The Chairman explained they could ask for the privilege of having the floor. Mr. Carroll advised that it will cost $20,000 to bu'_ld 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. 71 72 Article Hearing 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 =me 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 was any 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 theta 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 By -Law because the required number of signatures for a Planning Board hearing was not submitted. Mr.Legro explained that the 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. Upon motior 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 1 of Selectmen in the Selectmen's Room, on Monday, February 10, 1961, 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: 74 SELECTMEN'S MEETING 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 and 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 t hewords "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 Rocd 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. 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 Road from Shade Street a distance of 2,517 feet, more or less, easterly, southerly, easterly and northerly to Tufts Road. No one wished to be recorded in favor or in oppo- sition and the hearing war 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. Mr. Robert W. Trenn, 7 Fessenden Way, said he was 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 to lay out Marshall Road from Woburn Street a of 830 feet, more or less, northerly. No one wished to be recorded in favor or sition, and the hearing was closed. intention distance in oppo- 75 Fairbanks Road Fessenden Way Marshall Road 76 Hearing was 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 was 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 III',Ssierson 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 speaif ications. 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 thiat 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 *here 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. Heating was declared open upon notice of intention 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 i n opposjtion and the hearing was closed. Rog er s Road 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. 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 Mr•s. 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. Blake Road 78 The Chairman said that as he recalled it, Mr. 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 and 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 smae 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 rocd. 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 intent 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 onl. 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 Mowers 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 tyre 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 .,DiRoceo, 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 towed 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 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 Nowers Road. She said she owns land on Nowers 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 Nowers 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 not assess people twice, but thely do assess them for 82 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 kris,, 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. One of the gentlemen who spoke before, but did not give his name again, said about 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. Mr. Mitchell Bezreh, 32 Skyview Road, said the stakes 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: 83 Skyview Road cu erk,'Select ©4 Chapter 90 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 Sheldon 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 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, southeabterly 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.) 85 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 fromMartin 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„esting 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 Befebae 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 Frank Langone Philip Nyren 50 Bridge St.,Lexington 92 Lake St., Arlington Ayer, Massachusetts The Chairmanread a letter from the Lexington Con- servation Commission requesting permission to use the 86 2t conference room opposite the Blinding 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 fied 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: Report on ;omplaint License Francis W. K. Smith Jules P. Sussman Stephen F. Ells William S. Richey Aiden L. Ripley Robert W. Custance Perry D. Lord Leo Dunn George E. Bullock Richard W. Souza 29 North Hancock Street 15 Holmes Road 110 Shade Street 5 Hathaway Road 52 Follen Road. 88 Hancock Street 17 Patriots Drive 58 Hill Street 17 Longfellow Road 542 Concord Avenue The Chairman read a letter from Mr. Finneran, Execu- tive Health Officer, reporting on an investigation he 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 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 sociation to use Cary 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 Fairbanks Road Pessenden Way Marshall Road Mill Brook Road Page Road Phinney Road Rogers Road Rolfe Road Sanderson Road Suzanne Road Tufts Ro^d Albemarle Avenue Blake Road Dunham Street Nowers Road Sullivan Street Sky View Road (Alter. & Relocatto 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 January 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 sidewlik on Gould Road between Dewey Road and Turning Mill Road, and on Turning Mill Road as far as the children must walk. Dr. Kelley said Gould Road goes up a hill and has 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 Ropd area, and the developer intends to have this road completed with sidewalks and sewer by May first of this year. He Sidewalks and plow- ing 88 Executive Session LVYA 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 Turning 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, 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 with Mr. Carroll with fur- ther refer,nce 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- 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 eight hours because of a snow storm or for any other rear on. Mr. Gray agreed to write Town Counsel for an opinion. The meeting adjourned at 9:25 A true record, Attest: P.M. 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 ane 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 there: is a driveway. The present lo- cation of the pole and guy makes it difficult for the 91 occupant of the house to drive in and out of his 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 duly made and seconded, it was voted to grant the petition and sign an order for the follow- ing conduit location: Woburn Street; From Pole 42/57, northerly, t1hn 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 old 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 conduit. y`) MDC Street Lights Deferred betterment 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 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 its water supply requirements from the Wachusett Reservoir. Mr. Gray advised thilt this was a routine hearing which he and Mr. Carroll will attend. Request from the Europa Auto Imports, 153 North Street, for street lights was referred to Mr. Carroll. 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 of a sewer betterment assessment in the amount of $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. 93 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. mation 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, 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 refreshment stands on April 19. April 19 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 overtiue 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 Philip Nyren 92 Lake Street Arlington, Mass. 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 gartage 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 statement and the Board is next interested in the ser- vice they have given the towns for whom they have worked, and beyond that, he did not know what information could be obtained. Be 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. Upon motion duly made and seconded, it was voted to rescind the order to alter and relocate Skyview Road at Raggeway. The Chairman reported that he spent three hours and a half on Skturday with Mr. Jules Sussman, of the Con- servation Commission, and Mr. Sussman wants very much to have an article requesting the appropriation of $15,000. He stated the=t 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 Garbage bids Skyviww Road Conser- vation Commission article 96 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 Coumcil. 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 didremember the previous Board making the statement that it would have them for the next kkn 1 37 -: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 has 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 98 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 that 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 dollar posted, etc. The League of Women Voters would be responsible for stocking the room with informs: 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. W. 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 anyzuse. 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 slide 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 there wasn't a primary step that might be taken to evaluate this. They ane not sure how far this should go or how must 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 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 Session 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 by the Board of Selectmen: Lowell Street construction, $45,000 eliminated; Library Capital Outlay, 10,000; Conservati,-gin 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- to rescind the vote of the Board recommending an appropri- tion Comet. ation of $15,000 for the Conservation Commission and that 100 Fire salary & hours. Police salary 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 the maximum salary for firemen was established at $5810.00. 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 establish $6,100.00 as the maximum salary for patrolmen in the Police Department and also to approve $100 for uniforms. ti Tkie meeting adjourned at 11:30 P.M. A true record, Attest: Crl 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 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. 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 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 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 addin to Article VIII, Section 11, (Isolated Stop Signs) tlje following: North and southbound drivers on Worthen Road at Massachusetts Avenue. Southeast bound drivers on Worthen Road at Waltham Street. 10 Jurors Tax title Retirement Traffic 192 Traffic Flags Mr. Carroll said the Traffic Study Committee re- commends removal of the signs at Lincoln Street and 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 in the Center on Washington's Birthday. Mr. Carroll explained that Mr. Mazez'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. Mr. Saeldon 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 thought 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 node 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. X04 7 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 ndt 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 request, 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 :Ir. Gray could present it to the Board. Mr. Sheldon said Mr. Gray should discuss this 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. 11)5 Letter 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 anything 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 2nd 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, 51 Blake Road, satisfactory character reference having been received from Chief Rycroft. Mr. Norman Newlands, 49 Grandview Avenue, met with the Board relative to a sewer betterment assessment License 5 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 Rop.d 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:L.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 public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Executive Session 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 , Selec/ men 107 SELECTMEN'S MEETING February 24, 1964 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 Is top priority, bud, tion I, s but -when 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 that 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. Cataldo 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. C': crit 1 109 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 hefl3lt it is now an emotional problem, and said there is very little traffic out of this area. 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 howea 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 Vo pole locaton, approved by Mr. Carroll: Grant Street, northwesterly side, northeasterly from a point approximately 82 feet northeast of Massa- chusetts Avenue, -- Three (3) soles. 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. 1 0 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*Blossometest_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 the 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 Pen 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 1 Upon motion duly made and seconded, it was voted to approve the minutes of the meeting held on February 17, Minutes 1964. 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, Stenographer, met with the Bo:rd. The Chairman said, there having been no request in this matter, he would entertain a motion to go into Executive Session. Executive Session Deputy Chief Benedict J. Belcastro's request for retirement was held over from the last meeting. 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 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 Road, who has applied for a Certificate of Incorporation satisfactory references having been received from the Chief of Police. Mr. Snow Cert. of Inc. 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 1.12 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: C n 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,.196!4., 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 Clerk, met with the Board for the drawing of five jurors. The following individuals were drawn for jury duty: Malcolm S. Sawyer, 26. Ned Coat Lane; Cyril J. Brown, 99 Gleason Road; 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, 1964 if approved 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. 11.3 Jurors Blue Cross 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. Mr. Carroll reported on an inspection he made of equipment at Fort Devens that can be purchased through Civil Defense. Equipment 114 Drainage easement 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 that a location had been worked out. He said the 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. 1 1..15 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 Carkille 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 agegcy 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 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. 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 Assessment Complaint 116 April 20 objection to the location of booths on April 20: Lexington Lodge, Order of Sons of Italy 1833 Mass.. Avenue Battle Green Chapter DeMolay Masonic Temple Church 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. 17. 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, The Chairman read a letter from the Board of Appeals 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. The Chairman stated that the meeting was in regard 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 could 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 et the Fire Station and one down here. The Chairman said the responsibility is the Civil Defense's, and Mr. Burrell replied 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 reee$red last August from Mr. Burrell. Mr. Sheldon asked if the expense of modifying the system would be charged to Civil Defense, and Mr. Burrell replied in the negative. He said this would not be an Air Tanks, Cary Bldg. 118 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 Meeting: 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. W. 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 Recreation 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 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: )/ lve/Cle k, Bele m 120 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 Sousas 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.Sousa 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 atked 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 1 121 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 someone to take it. Mr. Souse 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 stated 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 adiscussion 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. 122 Mr. Johnson asked the Souses if they were willing to have the last 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 Souses 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. W. 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 Souses 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 May 1, 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 what the Souses were suggesting would not be fair to the other bidders. Mr. Sousa said he would go along withthe 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.Johnson 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. Mr. Sheldon asked about the Town's contribution. 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 in mind with respect tothe property because of the question of access to the lot that Robert Lyon is retain- ing, Lot B. The Town proposes to acquire Lot A, and 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 1 Blue Cross Blue Shield Lyoh's property Waltham Street 1.24 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: 2 �) 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 and 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 Nr. 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 nperetibnn 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 Board 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 126 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 $S,Ooo 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 eould not be sure that she would retire, and that she has been an excellent employee. Mr. Gray said one of the reasons this sd em 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 wouldhave to let the Appropriation Committee know and increase the Water Maintenance budget by $2,000. Upon motion duly made and seconded, it was voted to increase the 'Water 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 East 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 was 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 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 additional 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 thr=t 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. 1 129 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 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 gauge the extent to which municipal officials believe 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. Tavilla, 2 Blodgett Road, who have applied to the State 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. 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, 196L. The Chairman read a letter from the Lexington Jaycees requesting permission to erect a booth on the Library driveway April 20, 1961i. Census Question- naire Cert. of Inc. Booth Booth 130 Minutes Elevator inspections The Board assumed that the Jaycees would like to use the Douglass Funeral Home driveway, as 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 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 in writing to Mr. Frank Giles, Commissioner of Public Safety. It was Mr. Irwin't 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 asseesment in one color, $20,000 to $30,000 in another color and $30,000 to $40,000 in another color, the business estab- lishments 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. cn Cr 1 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, 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. Carrollreovertime 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 executed by the Board. Mr. Legro suggested a meting with Mr. Charles E. Ferguson, Moderator, on Saturday morning at nine otclock 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: ecitiClerk, Seleen 6�� 132 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 had 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. 1 The Chairman read a letter from Mrs. William McLatchy, 197 East Street and one from Mr. Robert E. 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 Street is now a private street, and as such, the Town 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 property to petition to have the street accepted under the Betterment Act. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following j/o pole locations: Eastern Avenue, southerly side, approximately 95 feet east of School Street, -- One pole. (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. Upon motion dulymade and seconded, it was voted to grant the request subject to the details being worked out with Mr. Carroll. 133 Drainage Laconia Street Pole lo- cations Permit 34 Hearing re passenger trains to be discontinued. Appointment ''Paper Drive April 20 stand April 20 stand Letter was received from the Boston & Maine Rail- road together with notice from the Department of Public Utilities in regard to a public hearing to be held on Thursday, April 9, 1964, at 10:00 A.M., Room 166, State Hcuse, upon petition of the railroad for approval of dis- 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- 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 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 in the driveway at Trani's Package Goods Store on April 20. The Board had no objection, providing the owner has granted permission. Request was received from St. Brigid's,Holy Name Society for permission to operate a stand April 19 on 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 I.7 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 togethep 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: iv�C1 , Selec 36 Partial release from Sewer Betterment Claim SELECTMEN'S MEia ING 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 of land from sewer betterment assessment, William G. Young and Elcye R. Young, previously voted by the Board. Upon motion ddihly made and seconded, it was voted to execute ttbe release eroareld bvTown Counsel. o copies or selceen slo Mr. Legro referred to letter from Joseph G. Bramberg, 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 asses so action 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 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 0.7 137 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 contract which are as follows: 1) He feels it is impossible to ask for bids on a new contract for May l; it should be June 1. The Board had no objection; bids to be on April 6, the contract signed on the 26th. 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. 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. 3) 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 were in favor of a full performance bond. Mr. brown 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. Mr. Cataldo suggested having nine men instead of ten, and Mr. Carroll said the number of men was immaterial to him. _1 38 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 iln Brook of Public Works relative to the project at Kiln Brook. No action was taken. Flag 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- sary action toward the end that the Americ Flag flying over the Battle Green, be flown twenty-fouich 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 flow1 owever, without congressional approval twenty-four• aay.. Mr. Gray also stated there would be three lights on the pole, at crossarm and one directing up toward the fiag. 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 informatinn was available. e#,:J crl 1 Upon motion duly made and seconded, it was voted to certify the character of the following individuals who have applied for Certificates of Incorporation, all 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 Certs. of Inc. 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. ector' and Upon motion duly made and seconded, it was voted Town Treae to approve bond on behalf of James J. Carroll, Town urer's Treasurer, No. F-141334, 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 of seminars for Veterans' Agents. 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- ences having been received from Chief Rycroft: Allen M. Mintz Robert 0. Rockwell Frederick B. Hubley Terrence John P. Dwyer The meeting adjourned at A true record, Attest: 51 Blake Road 3 Graham Road 4 Stetson Street 31 Partridge Road 7:55 P.M. Auctioneer n n Taxi Driver Veterans' seminar Licenses cting Clerk, Se] ctmen 140 Drain easement ST TJ 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 to sign an Order of Taking on a drain easement from Lowell Street to Burroughs Road, presented by Mr.Legro, in the following form: COMM[1NWEALTH 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, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 263 of the Acts 1 1 141 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, contract, 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 Lo 1.1 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 and 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" West 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 From Lowell Street dated February 19, a copy of which is hereof. to Burroughs Road Lexington, Mass." 1964, to be recorded herewith and annexed hereto and made a part 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 boundboundlocated 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 constructioneasements herein taken in- clude the right to enter upon the land taken, to deposit 1 143 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 Peter J. Wallis and Anna Wallis, husband and wife Lot "B" Edmund M. Galante and Cynthia M. Galante, husband and wife Lot 90 rrA n 144 Jurors 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, 19614. 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 decd and the free act and deed of the Town of Lexington, before me, /s/ Donald E. Legro Notary Public My commission expiresMarch 14, 1970 Mr. James J. Carroll, Town Clerk, met with the Board 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. 1 145 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 austance 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 the 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 the 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 6hairman 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.) 146 Permits Relocation Pelham Road Water & Sewer Service Regulations East Street drainage complaint for and Requests from the Metropolitan Building Movers Co. permission to move houses onto 116 Concord Avenue 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 voted to include an item in his budget to provide funds 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 proposed Water and Sewer Service Reg.lations, as pre- pared by Mr. Carroll. A copy was given to Mr. Legro this evening for the first time. 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 Mcj'atchy, 197 East Street, met with the Board relative to a water problem in their back yards. Mr. McLatchy said he would like to find out if the situation was going to be corrected this year and when the work will be done. Mr. Carroll stst 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. 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. 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. Mr. Grav said he would see that the Authority re- ceived a copy of the tax title list. 147 Hearing Tax title 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 S},iield. 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. 148 Upon motion duly made and seconded, it was voted Cert. of to certify the character of Wilfrid D. Sampson, et als, Inca 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 to grant the following licenses: Licenses Minutes Complaint Appointments Bertram P. Gustin Auctioneer Laurence J. White Taxi Driver Upon motion duly made and seconded, it was voted 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. 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: !9' POINTMENTS Terms expiring March 31, 1965, Building Inspector Director of Civil Defense Director of Veterans' Benefibs and Services Executive Assistant, Selectmen unless otherwise noted Donald K. Irwin Arthur K. Burrell Maurice D. Healy Albert Gray, Jr. Executive Clerk, Fence Viewers Field Drivers APPOINTMENTS (CONT'D.) Selectmen Gas Inspector Lockup Keeper Park Department Superintendent Plumbing Inspector Public Works Superintendent Public Works, Assistant Sup't. Registrars of Voters (3 Yr.term) Town Counsel Town Engineer Town Engineer, Assistant Tree Warden Veterans' Graves Officer Wire Inspector Hazel J. Murray Reverend Harold T. Handley John J. Garrity John W. Rycroft Benjamin W. Day John B. Byrne, Jr. John W. Rycroft Paul E. Mazerall John B. Byrne, Jr. John J. Carroll Guy V. Colella Charles F. Vaughan Donald E. Legro John J. Carroll Robert L. Higgins Paul E. Mazerall Maurice D. Healy Robert K. Jeremiah APPOINTED BOARDS AND COMMITTEES Terms expiring March 31, 1965 unless otherwise noted Board of Appeals (5 year term) (Acting under Building and Zoning By -Laws) Board of Appeals - Associate Members Board of Public Welfare and Old Age Assistance Bureau Board of Retirement (3 year term Bridge Charitable Fund Trustees (5 Year term) Gammel Legacy Income Trustees (Acting with Department of Public /elfare) George P. Wadsworth J. Henry Duffy Ruth Morey George C.Sheldon Howard H. Dawes Robert H. Farwell Nathan B.Ricker Howard H. Dawes Robert K. Taylor Paul F. Bartel Robert P. Trask, Jr. David F. Toomey George P. Morey George P. Morey Mary E. Casey Margaret L. West 1.49 Air tanks Mr. Gray read a report which he received from the 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 w -s 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 didcuss Spring Street and also the Lyon:;property on Waltham Street. 1 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 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 by Mr. Carroll, Superintendent of Public 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: •j !' /% �✓uG� - be ive'Clerk , Select Executive Session 15'2 c: Cr CT: 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 suggested 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. Police cars Mr. Gray read bids for the purchase of three new police cars, trading two, as follows: Dunn Ford Sales, Inc. Mawhinney Motor Sales, Inc. Rowe Chevrolet, Inc. $3,991.19 4,175.00 3, 929.'00 Upon motion duly mpde 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. Welsh, 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 for the so-called Fire House property. He said this 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 backuover 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 153 Central Block 154 Ball field Sewer charge 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. Mn. 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 y 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 asked 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 Recreation Committee is very anxious to have him provide a cutout over on the new field which was just built between Worthen Road and 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. Warden, Jr., 10 Constitution Road, to Mr. John Carroll, with reference to a sewer connection charge. tr 1 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 116 Concord Avenue, verbal approval having been received from Mr. Carroll, subject to the usual conditions. At 8:30 P.M., Mr. Alfred Busa 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 Great 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 last 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 into the Meadows. He said if this could be rer;olved 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 by this drainage. Permit 0 __5& Complaint Deferred water bet- terment assessment Reports Tax title 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- 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 to again extend the time for payment, under the pro- visions of Chapter 159 of the Acts of 1950, the Water betterment assessment in the amount of $375.00 (250') 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, and Mr. James Finneran, Executive Health Officer, in re- gard to Marshall's Food Shoppe, Inc., were noted and placed on file. An offer of WO 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 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. The Board felt that it would not be in the best interest of the Town to sell this lot, and upon motion 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 Board has no objection to selling lot 60 to Mr. Cram, pro- viding it is combined with his present lot. Mr. Gray was requested to reoort 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 day and evening on Monday, April 20, Patriot's Day. Mr. Burnell said that some months ago the Traffic Study Com.ittee requested the State Department of Public 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. 161 Tax title Tax title Traffic 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. 158 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-eenue. This is a total distance of 800 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 show that neither Eldred Street, Simonds 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, kn 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- secti6n cf 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 Stret 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. r7 1 1 E) Install a traffic control signal at the inter- section of Bedford Street and Simons 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 the 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 Board, 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 ant., 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 Streets and at Bedford and Reed Streets. Mr. Burnell said he thought it may be necessary to request the Chief of Police to provide police protection at Eldred Street. Traffic Polling hours 'Presiden- 'tial Primary ;Warrant ,'Legal fees Lyon property Spring Street The Chairman read a letter from Mrs. George P. - Morey in regard to the traffic lights near the Battle 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 Democratic side, and he assumed the total number of votes on the Democratic side will be greater this time, . , and will probably be greater on the Republican side. The Chairman reported that he had discussed the 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 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 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 take it over and carry it through. He said if the 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 all the takings have been made on Spring 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. • Mr. Meyer replied he hoped so. He said the people 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. 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 to approve the proposed Rules and Regulations for the operation of the Water Department or Water Division, 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 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. 161 Ambulance Water and Sewer Con- nections Permits 4 Aft 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. Minutes Committee report Upon motion duly made and seconded, it was voted 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- mittee, and he thought the Committee should be discharged. 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 by 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 thought 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, to do the Burroughs Road drain. (All copies taken 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- sion, subject to his approval. Mr. Legro said he would like to discuss two or 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 dis- Certificate of Entry Water & Sewer Regulations 164 Executive Session cussing, deliberating, or voting on matters, which,if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following Mr. Gray's discussion relative to clerical 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: 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- zation paid the janitor. Sunday, the School Department had the use of the hall from noon until 6;00 P.M. so it was necessary for all three men to come in and work 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 pole 169/13,Park Drive. The Chairman read a letter from the law firm of Nutter, McClennen & Fish,.epresenting the Plough Broad- casting Co., Inc. (WCOP), advising that the company has 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 andsign an order for the following pole locations: i) Janitors' overtime - hall rentals Anchor guy Pole locations Sidewalk Concord ',Avenue 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 easterly directi_n. He said the Board increased the sidewalk budget to $25,000 and Mr. Carroll had a carry- over 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. k: 1 Mr. Cataldo was in favor of finishing the job be- cause it would 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 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 oft_ae 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 Nishan Simonian, 224 Woburn Street Helen R. Martis, 104 North Street Roland E. Shaine, 37 Tower Road Nathan C. Hubley, Jr., 15 Highland Avenue Herman E. VanSchuyver, 11 Barrymeade Drive Letter was received from Mr. George P. Morey, Chair- man of the Trustees of Public Trusts, advising of bal- Trust ances available for distribution in the Bridge Charitable Funds Fund and the Elizabeth Bridge Gerry Fund. Request was received from Mrs. 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. 7 Tax title 16S 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 received permission from Mr. Samuel Parker of the bank. The Board had no ob- jection. Dump permit Licenses Minutes Executive Session Garbage contract Upon motion duly made and seconded, it was voted to grant a yearly dump permit to L. H. Buss Co. of Woburn. The company does landscape work in Lexington and has material to, dispose of at the dump. Upon motion duly made and seconded, to grant the following licenses: Sunday robe's Pharmacy, Inc., Woodhaven Country Concord Hill Market, Town Line Pharmacy; Stephen T. Russian, 47 Turning Mill Road. Upon motion duly made and seconded, it was voted 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- cussing, deliberating, or voting on matters, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following 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 as considering awarding them the contract but was de- 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. it was voted Sales - Ward - Stores, Inc., Auctioneer - g 1 169 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. CAtaldo 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 170 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 1 1 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 he assigned to the Adams School crossing. 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 garbage 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. Appointment A true record, Attest: 172 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, 196t, 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 Road; Victor A. Lewinson, 1 Hunt Road; Walter A. Kmiec, 27 North Hancock Street; William 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 Massachusetts 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. Bid T. Mr. Carroll reported on bids taken for sewers, drain, force main and pumping station. Upon recommendation of Mr. Carroll and Whitman & Howard, the engineers, it was voted to award the contract to the low bidder Ricci & DeSantis 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 1 Streets and reported the total amount of money in the estimate is $1,767 but he recommended that the Board request an appropriation of $2,000. 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 have 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 at4empted 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. Traffic appropri- ation 174 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: Sidewalk Cedar Street, Sixteen poles. Uuy wire and anchors on eleventh and thirteenth poles. The Chairman read a letter from the Armory Commission, 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 purchase of tax Tax title title offers were held over at the request of Mr. Gray. Letter was received from Paul B. Lloyd, on behalf of the 4-H Volunteers Horse C'.ub, requesting permission Horse to hold their annual horse show on Sunday, June 7, at Show #6 East Street, property owned by Mrs. W. John Baskin. 1 115 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. She 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 Conservation 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' mission to enclose a. label of emergency telephone numbers label in the water bills, Mr. Carroll having no objection. 176 Cert. of Inc. Upon motion duly made and seconded, it was voted to certify the character of Jack G. Wallens, 35 Barberry Road, who has applied to the State for a Certificate 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 Building. 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 regulations 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 to sign Orders for the following streets accepted by vote of Town Meeting held on March sixteenth and ad- journed to March twenty-third: Street Ordera7. Licenses Bryant Road Fairbanks Road Fessenden Way Marshall Road Mill Brook Road Page Road Phinney Road Rogers Road Rolfe Road Sanderson Road Suzanne Road Tufts Road Albemarle Avenue Blake Road Dunham Btreet Nowers Road Sullivan Street Upon motion duly made and seconded, it was voted to grant the following licenses, all renewals: Brigham's, Inc. Hancock Market John Corbett John A. Graham Maribeth Leonardo Alan Silverman Sunday Sales n n Guide n tt c c: Upon motion duly made and seconded, it way, voted to approve the minutes of the Selectmen's Meeting held on April 13. The Chairman stated that an appointment to Board of Assessors should be made before May 1, names mentioned for consideration were Frederick Conroy, George Baldwin and Newton E. Bennett. Upon motion duly made and seconded, it was to appoint Newton E. Bennett, 113 North Street, Board of Assessors for an unexpired term ending 1966, to fill the vacancy caused by the r-signat Mr. Edward J. Gildea. the and J. voted to the January 1, ion of 177 Minutes Assessor Appointments to the Route 3 Advisory Committee and the Board of Fire Engineers were held over until the Appoint, 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- casions steps out on Muzzey Street to hold up traffic exiting from the rear of the bank. 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. Appoint- ment 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: 178 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 j/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, owners 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 thw 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 petitioners{s plans, and also filed with the Superintendent of Public Works. 180 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 procedurd 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. 1 1 181 Letter was received from Representative F. Bradford Morse, st t ing 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 L -H Volunteers' Horse Club show. Mr. Llolt 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 the -H Volunteer ' Horse Club show. on .7 ' 1964 eg1. 2 -:i°413Q,AVM.. '9CUSw°- 15OrtICONnetV6Yabirty Wabkhh B04444 a0219Aeted. n4 Beasti- Horse 6ttbe#,. or:o2Lnproporty1owredtby,Cabot.,. jabot & Forbes Show locatt;d 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 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 term expiring April 30, 1964. Mrs. Hall will replace Mrs. Shirley D. Bayle. The Chairman reported that he and Mr. Cataldo sent a letter to the Package GoodsStores requesting them to close on Tuesday, 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. Appointmen' Appoihtmexl Upon motion duly made and seconded, it was voted not to authorize 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 letter 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 Boarddecides 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 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 it 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. 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. Canoll 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. Q Sewer 184 Mr. Gray was requested to obtain all pertinent in- formation on each article to assist Mr. Legro in drai.ng 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 very significant as far as money is concerned, and would be glad to wait until the very last moment of the deadline if, in the opinion of Mr. Carroll and Mr. Mazerall, they 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 s rushed, the fence will have to be rushed. Mr. Kelly agreed that a fence would be necessary and suggested tnat 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 de.adline,.at which tiie a plan satisfactory to all concerned would be com- pleted. Mr. Snow and the Recreation Committee 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 Borrd of Selectmen would do if four or five more houses were built and they peti- tioned for acceptance of the street. 185 186 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 mayner in relation thereto. 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 igetter- 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. Following ande;xplanation 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 warrant; three members of the Board voting in favor and two opposed. Upon motion duly made and seconded, it was voted not to insert the Commission's proposed article one in the warrant; three members of the Board voting in oppo- sition and two in favor. Article Article 188 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. UUra_ia,.ait Marshall and Fireman Walton met with the Board. The Chairman reported that William Madden, attorney, name 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 CaptaintainMa Marshall was repre- senting re- 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 to ant a shall 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 going 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. 189 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 Commiss- 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 Otis S. Brown, Jr. George C. Sheldon Albert Gray, Jr. Bernard J. Belcastro John J. Carroll Paul Mazerall Thomas Bentley Robert Cataldo Levi G. Burnell Ebiedtive Assistant Chief, Fire Department Superintendent, Public Works Dept. Superintendent, Park Department Custodian, Town Offices 190 SPECIAL POLICE George Doughty, Jr. Thomas F. Ryah Thomas Sullivan William P. Casey Clyde L. Hayne Duncan F. Swan Oscar Heimlich Edward P. Stevens John Blodgett Nicholas J. Delfino Ralph liP:: Braun: Herman A. Mahon Joseph Bluteau Raymond Stevens Karl E. Myren William. F. Buckley Edward T. McDonnell Robert E. Ames Frank Langone Philip Myren Robert F. Ingram Mario DiNallo Edward Sorli Anthony Zarelia Bernard J. Link Lawrence Kclbrook, Jr. Lt. Charles E. Benedict OFFICERS (CONT'D.) Massachusetts Institute Joseph E. Ewers John A. Carroll Robert J. Vinsec Bertram H. Adams, Jr. Arthur J. Kee School n n It n n 11 tt n tr tt 11 Department Cary Memorial Library, u n n n n n 1r 11 11 Middlesex n n n n rt It r► n Director Asalt.Dir. Janitor County Sanatorium 11 11 11 t n n 11 n tt tt Itek Corporation of Technology John E. Barnes Arthur Goodfellow Howard D. Ryder William L. Spiers, Jr. Edward T. Gallagher Lexington Trust Company 1 191 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on matters, which,if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following a discussion 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: 192 SRT,FCTMEN'S MEETING May 4, 1964 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 Gole, 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 $148,563.50 and reported that there is no uniformity in the name of the contractor on the contract. Upon motion duly made and seconded, it was voted to execute the contract when it is in proper form. Upon motion duly made and seconded, it was voted Engineer- to execute a contract between the Town and Whitman & ing con- Howard, Inc., for engineering services on the Woodhaven tract sewer laterals, at the rate of 12% of the total con- struction cost. School articles The Chairman read a letter from the Standing School Building Committee requesting the insertion of two articles in the warrant for the June Town Meeting; one for money for final design plans and specifications and to obtain construction bids for the Middleby Road School; one for money for final design plans and specifications and to obtain construction bidsfbr the Moreland Avenue Jchool. Mr. Legro suggested that Mr. Gray obtain additional information for drawing the articles. The Chairman read a letter from John C. Morgenstern requesting the Board to make an offer in settlement of damages for a sewer easement on land located on Valley- field Strtet Lot B. Sewer Mr. ar$.o presented a plan of the taking and easement reported that he had talked to Mr.Morgeisstern 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 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. 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 to locate a 2" welded steel gas main extension in Gleason Road to serve gas to #14, Mr. Carroll having approved. 193 Complaint Gas main 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.) MP Mit 194 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 044,800 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 sal 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 195 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 thd. 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, and the Board agreed, that a letter should be sent to the Rotary Club thanking it for the Town flag. 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. 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 Cleirman 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 referndum. 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. Leash Law 196 Vacation Cert. of Inc. Use of hall Flag day Licenses Letter was received fromMr. Irwin advising that he would like to take his summer vacation one day a week, 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 to sign the following Certificates of Incorporation, satisfactory character references having been received from Chief Rycroft Ralph D. Cataldo, 157 East Street, and others (hot resi- dents of Lexington). Waldo F. Davis, 18 Boulder Road, Herbert W. Eisenberg, 4.70 Concord Avenue, and others (not resi- dents esidents of Lexington). Elias P. Gyftopoulos, 18 Hastings Road, and others (not residents of Lexington). Martin Owens, Frank Helwig, 1099 Mass. Avenue, Robert Gurley, 42 Laconia Stmet, and others (not residents of Lexington) Peter Ligor, 21 Thoreau Road, Rosaline Bjorn, 28 Skyview Road, both residents of Lexington. Nishan Semonian, 224 Woburn Street, and others not resi- dents of Lexington. Letter was received from Phil Cavaretta, Chairman of the Dance Committee, Lexington Sea Explorers, re- questing permission to conduct a Record Hop in Cary 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 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, to renew the following licenses: Joseph A. Costa Village Variety Store Five Forks Service Center it was voted Taxi Driver Sunday Sales Sunday Sales 1 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held 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- appoint Dr. Howard A. Smith, Second Dog Officer for a 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 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 recommending one additional voting machine for precincts one, two, five and six. Application for a Package Goods Store license, to sell all alcoholic beverages on premises at 1.0 Worthen Road, was received from Raymond F. Boudreau. Upon motion duly made and seconded, it was voted to hold a hearing on the application, Monday, May 25, 1964, at 8:00 P.M. The Chairman read a petition, signed by residents of Valleyfield Street, protesting the erectionof a corral. 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. 197 Minutes Dog Off icer Article Voting machines Package Goods Store ap- plication Petition l Article Union 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 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- 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. bunrell 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. 199 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 with 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 shelters. 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. 200 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 serviees. 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 wantsLthem to do it, they will, and direction has to come from the Bo ard. 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. Mr. 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. a ✓ • ; 201 Mr. Cataido asked if this could be completed before 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: ugive jgler Select 02 SELECTMEN'S MEETING May 11, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, 1"1ay 11, 19614, 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 ddct 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 0 on behalf of Mary R. McDonough, Assistant Treasurer. Miss Miss Mary R. McDonough, Assistant Town Clerk, met with the Board for the drawing of four jurors. The Jurors follhwing individuals were drawn for jury duty: Joel M. Schulman, 29 Parker Street, Edward E. Domingf, 1473 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 hasic 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. 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 area 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. 204 Truck bids 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 repied 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 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 z 1 205 bice. were about the same money. However, he advised the Board that he thought the GMC was the best 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. !t 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 that 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 somereal 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 such as if we build the major center of the town in the middle of Lexington, it will have to be undeveloped - it is useless in the sense it is different. The Chairman sited 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 has 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. Greely 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. 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 theexperts 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 specifie 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 only advantage 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; the poorly drained sites can be ruled 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. 210 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 going 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 woad also help in negoti- ations of purchase; there may be a common b sis of under- standing. He said he couldn't subscribe to the plea that Lexington is more in need of this than •lanover or tcton, 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 lineof general understanding and common meeting ground than by per information to help Mr. Carroll. He said the Planning Board strongly recommends the survey. Mr. Ripley said whenthe Stete 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, bnd 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 8:1j5 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, might adversely affect the public security, the financial interest of the Town, or the reputation 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 tae land is low, there is 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. 211. Executive Session 212 Mtq.. 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 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 thtt 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 nave 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 this 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 Sites 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. Cataido asked if the Housing Authority would be willing to have this surveyed this week. 214 Warrant Mr. Carroll explained that the warrant is to be signed this week and Mr. Legro would have to draft an article, which would be impassible. 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:L.0 P.M. Mr. Legro went over thearticles in the warrant and on the basis of advice from Town Counsel, it was voted 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. 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 and. none 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, 196t, 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 Reconstruct Works. There are four different amounts available for tion of this Chapter 90 conbtruction - 1963 Chapter 90 funds, Mass. Ave. 1964 Chapter 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 granite 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 216 Release Sewer Permit 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 an appointment to see if there is any possibility of hating 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 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 hasgone 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 inspecldn 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 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 througnut the St..te." 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 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. The Chairman read a letter from the State De- partment of Public 'Aorks, 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 the Town had the authority to dothis. He said he has contacted Mr. Legro and is going to give him a taking order for a slope easement 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. 21`i Waltham St. easements Letter was received from the Jefferson Union Company relative to removal of large boulders on Hayes Lane which pose a problem in the eventfire 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. Morton 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 Board. 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. 218 ?lag License Cert. of Inc. 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 the flag on the Ba tie Green. The Chairman said this was what the Board asked Representative Morse to do. The Charman 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 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 Avenue, who has applied to the State for a Certificate 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. Senate No. 830 Copy of Senate No. 830, a bill recommended by the Governor to provide for extended mass transportation was received. The Chairman suggested that the members of the 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 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 exit to the property. The school is requesting the ac- quisition of land ownedby the Town as a possible right of way. Mr. Cabiholl 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: ive 01erk,( Selector f A Christian High Stool 220 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 Godds 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. Nk. Carroll said he would like to discuss the con- struction of Massachusetts Avenue and sidewalk construction on Waltham Street. He recalled that lest 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 there 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 1 221 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 Town 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 was 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 Christtian High School requesting the acquistion of town land as a possi- ble right of way to the new school, the residents of Pearl p.) 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. deMyntigny asked if the Board intended to act on this proposal tonight. The Chairman replied that the Board intended to 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 the petitions and sign the orders for the fol - Pole 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.) The Chairman read a letter from the Arlix ton 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 that 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 thought a check should be made with the State in an effort to find out what it thinks about the intersec- tion of Lowell Street and Summer 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 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- tures. Mr. Carroll informed the Board that this is a com- plicated situation involving a considerable amount of money. 22:3 Christian High Schml Peat Pocket Sewer 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 estimate 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. Hayes, Chairman, said the Committee was present to 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. Sidewalk & trees Traffic raffle Traffic Permit Letter wa received from Vito M. Bellino, 8L. 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 the sidewd.k, but Mr. Mazerall has stopped planting for 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. Mr. Carroll said the petition is dated May 1 before the signs were erected and mentioned that the 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, L. Millbrook Road, requesting that the sidewalk on Adams Street, from op- 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 controls. on Woburn Street was referred to the Traffic Study Committee. Upon motion duly made and seconded, it was voted to grant permission to the Metropolitan Building Movers Col to move a house from 765 Marrett Road to lots 631-63L. 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 jurisdiction over such matters. Mr. Legro returned to the meeting at 8:35 P.M. island,,1 h , fear:ckankal4111.1t illssaPsfrandaplox tlexk hit ' Ar Ar 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 in volved, and Mr. Harrison is asking $700 an acre. Mr. Sheldon asked if it was buildable land, and 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 fromMr. Irwin, Building Inspector, with reference to the Cummings' property at 475 Massachusetts Avenue and the Trebino property en 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. Harrison land Upon motion duly made and seconded, it was voted to grant permission to the American Association of Uni- versity 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- 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. Use of hal; Use of hda 926 C.D. 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. Adams, Alan G. Allison, Howard D. Anderson, Carl Baker, Ramon C. Ballou, Sidney R. Barrett, Elliott J. C.D. Brunn, Ewart M. Butler, Lawrence M. C.D. C.D. C.D. Cabral, Joseph E. Calhoon, Albert J. Carroll, James J. Clifford, Malcolm H. Colbert, Edward P. Dearborn, Horace N. Dearborn, Murray G. Dooley, Henry W. Dreselly, Andrew Eriksson, E. Alden Fifield, Donald M. Finney, Ciarles A. Flack, Clifford F. Foster, George E. Gagne, Maurice A. Galvin, Russell P. Greening, Caywood Gazan, Samuel E. Howie, Colin A. Jefferson, Charles E. Jenson, Edmund M. Johnson, Joseph S. Jones, Cecil Josephson, Harold W. 2634 Massachusetts Avenue 15 Somerset Road 15 Utica Street 41 Ledgelawn Avenue 14 Stratham Road 2013 Massachusetts Avenue 15 Donald Street 40 Downing Road 24 Woodland Road 47 North Street 104 Simonds Road 17 Muzzey Street 54 Chase Avenue 794 Massachusetts Avenue 16 Stratham Road 16 Stratham Road 77 Baker Avenue 12 Patriots Drive 41 Preston Road 25 Adams Street 36 Albemarle Avenue 41 Outlook Drive 10 Plainfield Street 18 MiddleEStreet 21 Crescent Hill Avenue 688 Marrett Road 112 Bertwell Road 14 Scotland Road 8 Alcott Road 46 Fern Street 51 Spring Street 36 Woburn Street 33 Liberty Avenue z 21 1 1 C.D. C.D. C.D. C.D. C.D. C.D. C.D. Kakas, Edward G. Kleinberg, Edward F. Lannquist, Arthur Lewis, Raymond E. ¥adDonald, Charles Maloney, William T. MacLean, Ralph D. Merz, William F. Moretti, Joseph A. Murphy, L. Francis Myatt, Robert Nickerson, Benjamin Pierpont, Wilfred D., Jr. Polley, John D. Prescott, Robert Redmond, James Reed, Haskell W. Reilly, John F. Randall W. Richards Richardson, Earl W. Ritter, Julius C. Rogerson, William G. Rossi, Anthony J. Ruocco, Louis Ryan, William J. Samuels, Frank T., Jr. Saunders, Robert W. Sellars, John A. Seymour, Cyril V. Shaw, James C. Slader, Frederick Smith, Walter C., Jr. Sorenson, Axel C.D. Turner, Gerald C. C.D. Walsh, James V. Webb, Edmund A. Wilson, David L., Jr. Wright, Glenn Yewell, Paul G. Young, Stanley R. Zittell, George S. 227 WI Locust Avenue 41 Moreland Avenue 153Shade Street 11 Hancock Street 24 Bernard Street 289 Bedford Street 9 Spring Street 252 Marrett Road 8 Rndge Avenue 5 Bennett Avenue 9 Sunnyknoll Avenue 81 Gleason Road 189 6 Taft Avenue Wood Street Forest Street 7 Dunham Street 72 Lowell Street A3 Downing Road 67 Farmcrest Avenue 18 Winter Street 13 Pine Knoll Road 19 Homestead Street 2 Wheeler Road 28 Theresa Avenue 21 Grant Place 31 Grassland Street 295 Marrett Road 430 Concord Avenue 6 Paul Revere Road 24 Homestead Street 23 North Hancock Street 17 Coolidge Avenue 7A Revere Street 9 Hillside Terrace 152 Bedford Street 43 Hayes Avenue 24 Homestead Street 67 Simonds Road 6 Leeland Terrace 86 Winter Street 306 Lowell Street SCHOOL DEPARTMENT Lyman S. Cousins 6 Bancroft Street Waltham, Mass. 228 Mr. William Young, 11L. Pleasant Street, met with the Board and stated he was representing 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 Street there are acres of land owned by Carrig, but the State took frontages from these people. He said he has 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 State has taken this out of the Town's juris- diction. Mr. Sheldon said saving the trees would not affect the payament 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 Benedikt 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 before 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 General Terhune and Colonel Wilcox who are leaving the Bedford Air Base. The meeting adjourned at 9:45 P.M. A trpt record, Attest: Cler , Selectf G Testimonial 230 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 fitthe 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. 1 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. 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 ho 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. 231 Holidays 232 z 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 through 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 willlfall in there onto a grassed areaand a deterrent fence towards the street will be more attractive. She 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 that a major part of this is to blocky -off the playing area and 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 detbrrent fence in the middle between the two areas, and Mrs. Morey said it is a dafety fence. Mr. Brown stated that a deterrent fence, from an aesthetic point of view, should go the entire length of -orthen Road and the retaining fence wherever necessary. 233 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 wes 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 Bpard had a legal hearing scheduled on the application of 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 e interest of the Town. should be in the g Letter was received from Evert N. Fowle, 12 Winthrop 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. Gas main Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company 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 rear 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 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 -bhp, 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 Chairmai asked if the Town had contributed to the condition, and Mr. Carroll replied in the negative. Mr. Legro asked what caused the condition. Mr. Carroll 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 t$thin 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 sug,ested 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 least indicatec'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 The Chairman said this was something Mr. Carroll could explore with Green &White. Petition opposing ,construction of a sidewalk by the State on Pleasant Street was held over. Mr. Carroll presented a plan which he received last Friday from the State andedvised the Board that Sidemak 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 by Mr. Carroll: Oxbow Road, northwesterly from a point approximately 50 feet northwest of Revolutionary Road, -- Sixteen poles. Hoes Road, southwesterly side, southeasterly from a point approximately 25 feet southeast of Thoreau Hoed, -- 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 1<:nd, 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. Cr- 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 Board ha(:, received a complaint from Mr. Frank Hudson. Mr. Legro said in addition to the violations stated in Mr. Irwints letter, this also requires adequate set- back and adequate side yard. He advised that the vio- lation should be so stated in Mr. IrwinPs 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 Board 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 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, 1964, at 3:30 P.M. The Chairman is to represent the Board. 237 Foundatij Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on May 11, and May 18, as amended. Upon motion duly made .and seconded, it was voted to renew the following licenses: Louis Guadognino Bowling Alleys 1698 Mass. Ave. Sunday Bowling n ft ft 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. McKey, Mr. Barry. E. Petscheck, Mr. Carl Blake and a Mr. Weinstein met with the Board, at Mr..Kentts request, for the purpose of discussing the futu e of race re- lations in Lexington. Pony rides Invitation Minutes Race Relations 23 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 there 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 that 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 beennominal. One of the difficulties, the leadership of the Civil Rights Committee has not been the leadership of most worthwhile ventures that takeplace 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 than any other group in Town, re- presents the community leadership. He gave a resume of an editorial in the Boston Globe relating to a housing conference held last Thursday at Harvard, and said that 1 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 thst a committee li'.e 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 askedif 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 committee 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, 240 but of acceptance. He said he has been told there are thirty-five negro families 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 study 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 otitl 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 toprevent 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 that 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 anticipaged by the Civil Rights Committee. Mr. Carl Blake said the group was attempting, through this meeting, to get some leadership from the highest 1 1 241 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 businessment 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 much 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 reputation of any person. Following discussion of proposed use for land in Hartwell Avenue complex, meeting with Civil nights' group, tax title lots on Circle Road, 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 'bbd;, he-,saickthe,fmgst satisfactory brace they have worked out is a two inch 242 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 indicate that 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 dtr 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 rned at 10:22 P.M. A true record, Attest: %.� -Exec IX #/ c iv-��� ark{ Selectmi 1 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.M. Chairman Cole, Messrs. Brown and Sheldon were present. Mr. Norman J. Richards, Special Counsel, Mr. Gray, Executive Assist- ant, Mr. Carroll, Supeieintendent 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, Exa finer and Chief Rycroft. Guide Upon motion duly made ^nd seconded, it was voted to grant Robert Cherny permissionto 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 Edison Company and the New'. England Telephone and Telegraph Company for permission to locate one pole on Walnut Street. Mr. SerVerson, representing the Boston Edison Company, a,d Mr. Cooley, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Notice Of the hearing wasnuiled 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 wr_;s voted to grant the petition and sign the order for the fol- lowing j/o pOle location: Walnut Street. spmt4easter1y side, approximately 540 feet southwest of Concord Avenue, -- One (!) pole. (One existing JO pole to be removed.) 244 Pole location Conduit location Garbage contract Hearing was declared open upon petition of the Boston Edison Company and the New England Telephoe and Telegraph Company for pemimission 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, and also filed with the Superintendent of Public works. 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 feet southeast of Revere One (1) pole. (This is an existing pole, side, approximately 708 Street, -- 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. Mr. Cooley, representing the petitioner, Mr. Robert X 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 of Lexington and Stanley Roketenetz, Inc., and explained 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 termzia81on 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. 1 Mr. Sheldon asked if Mr. Richards recommended accept- ing the contract minus the two paragraphs. Mr. Richards 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 termination.. Mr. Carrell 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 a bank 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- drawal slips are supposed to be delivered at the meeting this evening, but 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 this point do not 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 go to $15,000. The Chairman read a letter from Mr. Legro with reference to Sewer and drain easements in Munroe Road and Woodcliff$ Road. Upon motion duly made and seconded, it was voted to execute the sewer and drain easements, all copies taken by Mr. Richards. Mr. Richtlards retired at 7:45 P.M. 245 Mot ions Easements 246 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 ffiftilitids the cost and advised that it will cost $16,235 to go underground on Worthen Road. If the Town, or another party, da.cithe 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 abu#ters 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 Mass-chusetts Avenue, from the Arlington -Lexington line to Pleasant Street, for the purpose of relaying an existing L." 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 be sent to Mr. Fowls. 2 The Chairman read a letter from the Board of Fire Commissioners, to which was attached a letter 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 had permission from the Fire Commissioners to meet with the Selectmen. Lieutenant Marshall replied that he talked to Mr. Gray, and the Poard's letter suggested that he come back after the Fire Commissioners had acted. Follow- ing the directive of that letter, he was present this evenir..g. 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 Board. 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 the Fire Commissioners. 7 248 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 Fire Commissioners, 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 Selectmen 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 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 them► 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 isjust a request that he come before the Selectmen by going through channels. 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 Lieutenant Marshall obtain permission from the Fire Commissioners 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 Inspector, 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 office andiinformed 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. Letter was received from Murray Herscott regarding a second complaint filed about his dog by Mr. John E. 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 als, when they met with the Board on May 25, was held over until all members of the Board will be present. 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 snould 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 and have the Board act on it. The Chairman sug`-ested that Mrs. Smallman, Secretary to the Commission, contact Mr. Carroll. 249 Dog Bi -racial committee Wt betterment assessment 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 Ro=ad 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 anc supplied these two families with the water without running it tha other 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 going 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 was:umortgaged 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. Mr.. Carroll, prsented 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, fdr the.purposeof 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 betterment. 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. 252 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 et 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 votingon 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. Metalling, 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. Brddford 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. Isabelle M. Kitson Baker Ave. Variety William M. Belcher Richard E. Durkin 7 R Muzzey Street 847 Mass. Avenue 14 Baker Attenue 8 Balfour Street 24 Fletcher Avenue Public Carriage n n Sunday Sales Taxi Driver 11 263 Upon motion duly made and seconded, it was voted to approve the minutes of the Seiectmen'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 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 sewt-r main in Munroe Road from 110 feet south of Underwood Avenue, 710 feet to beyond Woodcliffe Road. Sewer Orden Sewer Ord 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 Traffic 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 was a sidewalk on Bartlett Avenue, and Mr. Carroll replied in the negative. Mr. Cataldo asked what the school would do if the Cr 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. Ir. 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 mace 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 Committee met 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 Planning Board 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 hLs 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 ofit, 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. Mr. Meyer reported that the Town can purchase 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 Selectni.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. C77- 1 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: New England Merchants National Bank of Boston Lexington Trust Company 1.73% discounted 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 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 oh 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, 111 Felton Street, Waltham, a landscaper who does busi- ness in Lexington. The meeting adjourned at 11:15 P.M. A true record, Attest: %Clerkt. Select 257 Borrowing License Permit 258 tr 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 wv,s 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. Sewer The Chairman read a letter from the Town of Bedford Selectmen advising that it is their intention to answer 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. Upon motion duly made and seconded, it was voted to grant the following 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) A Licenses 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 surer,. in 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 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. Sewer order Srwee Order 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 whicht1 Town 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 with the Town Treasurer, in lieu of cash or certified check, a bank book with withdrawal slips in the sum of $5,000. Agreement 260 Tax title 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 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 madeand seconded, it was voted to execute Release Deed, releasing to Mary D. Beane and to all persons claiming of record by, through end 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: Selectm� z 261 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 through 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. Ri6harda 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 wiChout a leash. 262 CC" be denied, and it is Mr. Erickson's opinion he should seek legal redress. Mr. Richards said y. 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 orjsewer. .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 which 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 voted to abate in full the sewer betterment assessment of e('e� S P _ $1,055.25 levied against property owned by John H. Devine, located at 19 Slocum Road anc referred to as "the tennis court lot". The Chairman read a letter from Kenneth J. Garland, 33 Wyman Road, requesting town sewer facilities. Mr. Carroll presented 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 overa owed during peak periods and letting raw sewage go into Tophet 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 Mr. 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 where he may make -corrections. 264 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 orsani nation, corporation or individual. 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 t .e street. Mr. Carroll stated thot 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 Pdrk and -where he would like to put the pole. Mr. Carroll presented a plan and indicated the new Town line. 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' hign 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 dam ages. 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 andasked 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. 2b Mr. Heighton 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 wnom 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 omission 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. Heighton said at present on Aerial And Fern Streets and a street parallel to Wood Street, there are tax title lots and asked if the Town would 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 tie 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 cantt get in touch with Mr. Nickerson. 266 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 Nr. 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 in Burlington Street. From what Mr. Carroll reported earlier in the with reference to request for sewer in Wyman Road, of sewer evening the 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 Vida Belotti requesting Street the installation of a street light at 21 Webster noad. 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 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 has been referred to Town Counsel. Pole locations 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. (One existing JO pole to be removed.) 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,'-- Bne (1) pole. (One existing J8 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 from Elihu 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. TheChairman hairman 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 38 Maple Street, was held over pending receipt of a re- port from Mr. Irwin. 269 Petition was received from residents on Bedford Street complaining about the property across from numbers 435 to 451, inclusive, which is being used for a dump. Complaint Mr. Gray said he talked to Mr. Irwin today. The people ere 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 jundlon 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 Burten 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 Lexington). 270 Licenses Russell E. Cutter, 32 Brandon Street, Lexington, Mass. and others (not residents of Lexington.) Upon motion duly made and seconded, it was voted 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 check 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 24th of August. Ilri:'=Gray said he wcould:1ik 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 interested -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. 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 meet 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. H Club 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. 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. 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 wrung 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. 2 i 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 enough to have a responsible 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. Alans 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 Sele ct- 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 Commerce 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. 74 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 wao 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 arthiteetural 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, 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: / eq 276 Bids Sidewalk & Street resurfacing Conduit & manhole lo- cations 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 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 os 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. Upon motion duly made and seconded, it was voted to award the contract for street and sidewalk resurfacing to Trimount Bituminous Company, the low bidder, in the amount of $34,515. The Chairman read a letter from Robert J. Dunn, Right of Way Agent for the New England Telephone and Telegraph Company, relative to the hearing held on 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. 4a," 1 tri t Upon motion duly made and seconded, it was vo ed to grant the petition and sign the order for the f+1 - lowing telephone conduit and manhole locations: Massachusetts Avenue, from a pont 40' easterly fro westerly side of Rowland Avenue, one manhole 58/8A. From M H 58/8A, southwesterly, approximately 8.5' 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 conduct 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 rJquest. 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 Lexingtononser- vation Commission, working with Mr. Gray, and that the Commission be requested to take the necessary steps Harrison prie+ 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 permis.ion to Mrs. John T. Blackwell and other residents of Bennington Road to conduct a black party on Tuesday, June 23, between five and seven in the even- ing. Upon motion duly made and seconded, it was voted to aprove the minutes of the Selectmen's Meeting held on June 15, 1964. Permit Minutes 78 License License Tax title Tax title Upon motion duly made and seconded, it was voted 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 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 sd&b as #e can dt spase if his priperty 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 in Valleyfield Street and Hillside and Ann 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. Hei,ghton, 9 Tucker Avenue, that 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 in 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. The Chairman read a letter from Norman J. Richards, Special Counsel, with reference to a letter dated June 17 received by the Board from Hobert P. Outerbridge with reference to the sewer for 8 Goodwin Road. The Chairman said he would write to Mr. Outerbridge and in reply to his inquiries, quote from Mr. Richard's letter. Mr.Hig4ins 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 alccholic 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- ington Minute -man. Mr. McCauley stated that he had sent notices to the abutters and submitted return receipts to the Chairman. The Chairman explained that proponents would speak, when the proponents hid 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 StreLt, Woburn, stated that he was representing the petitioner, 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 usual appli- cation for a Package Goods Store permit under Chapter 138 of the General Laws. He said the ap_licant is a of the Town of Lexington and a substantial taxpayer. The location proposed is on "'orthen Road opposite the First National Store. The area is thret.-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 are three of these re- tail establishments. The third and last remaining Goodwin Road sewer Boudreau Package Goods Store hearing resident 280 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 Commission. 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 L1., 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. `2S1 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 Strut, 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, 2564 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 Ciairman read a letter from Ephraim Weiss, 462 Lowell Street, registering_ opposition. Mr. McCauley explained that the General Laws provide for a liquor store for every 5,000 inhabitants or fraction The 1960 census was close 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 luw against having a liquor store so near a church. Mr. McCauley explained that liquor stores are 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 Lone up to Adams' house at least a dozen times and has never seen *During holidays and sundays, the store is not open. 283 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 about 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. Biancchi 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 appear 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 Mrs. Adams is with the dog at all times. He said there is no basis for a complaint. Officer Shaughnessy rerorted 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 this is another neighborhood feud. Mr. Sheldon asked if the Herscott dog was now being restrained, and Officer Shaughnessy 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 me ting. The reaction of the Town has been good as far as he has been able to determine, and asked if anyone had heard unfavorable action. 284 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 feling, six years, that the center of Lexington would be in trouble as a result of the people going to shopping centers. He said every tine 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 shopling in Town is to offer them something the other centers do not have. 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 discussing this for the past three years, they have been working for a face lifting, giving Lexington Center an historical image. Two weeks ago 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 privage 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 Prk. 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 tkn z C"4, 1 S 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 askede_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 did not give his name, 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 ale 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 of 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 whighnall the Boards are bound to be interested 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 inter:;sted from its members' point cf view. He said the Planning Board is bound to be interested because it will affect the planning over the years, 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 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 al.e not thinking of radical demolition 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 1 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 nas 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. Mrs. York said this is larger than any individual group can handle. One croup should 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 2S 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 coming `rom. 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 3 ze 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 un 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 repre.senti.- 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 ex 5ected 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 ffl 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 guidande, 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 kep 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 290 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 agreed 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: 291 SELECTMEN'S MEETING June 29, 1964 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 open upon petition of the Boston Edison Company for permission to locate conduit, manhole and pole on Lowell and Summer Streets. Conduit Mr. Serverson, 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 & 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, tine low bidder not having been fully investigated. He said if it is approved, it is W. Carroll's intention to have the contract signed. Sewer bid 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 $1].4.,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 arranr;e 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 abjection 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 proviL.ing 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. 1 1 293 Mr. 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. Brucchi 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 Boerd 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 reper t 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 Claim 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- 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 oaken 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. 1 295 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 James 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: Waltham Street: From a point 1015' southerly. from 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. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interest 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. Brant intends to purchase, is a corpo- ration. Pole locations Executive Session 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 mr. 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 said the -.board would require a week's notice. 296 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.obert 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 4 from 8:30 A.M. until 5:30 P.M. for a filming call session, subject to a charge of $100 per day, plus $3.46 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 $3.46 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 Budding, and it was agreed Hall to consider possible changes to the present Rules and Regulations at thenext regular meeting of the Board. Upon motion duly made and seconded, it was voted to Approve the minutes of the Selectmen's Meeting held 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 Road easterly a distance of 880 feet to end. The meeting adjourned at 9:45 P.M. A true record, Attest: J 297 Minutes 298 License Pole location SELECTMEN'S METING 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 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. 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 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 asked 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 polelis not placed there, the service wires to the house will have to be replaced. 1 Mr. 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 the proposed location, and from the Town's standpoint, there is no problem. Mr. Cataldo asked 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 pile 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 suggested 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 suggested, and the Board agreed, that the petitioner be requested to contact Mr. Vitale to see whetter 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- graph Company for permission to locate guy wires and anchors on Lincoln Street. Mr. Serverson, representing the Boston Edison Company, was the only person pres nt 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 indicated the proposed locations on a plan and explained this is where the petitioner has to cross over Route 128. 299 Guy wires & anchors 300 Mr. Cataldo asked if it as on the Concord side and Mr. Serverson replied in the affirmative. 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 Rycroft 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 widening, relocation of Waltham Street. Upon motion duly made and seconded, it was voted to execute the Order of Taking in the following form: Order of Taking 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 of 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 1 301 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 thereof 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 Lexingtcn 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 remove all surplus material and to leave the surface of the premises in reasonably as good condition as when the entry was made. Any trees upon the land included within the above de- scribed strips of land are included 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 Louis Ricci, Joseph Ricci, and Charles M. Ricci Louis Ricci, Joseph Ricci, and Charles M. Ricci Fred Ricci Fred Ricci Arthur DeVincent and Raymond DeVincent Charles R. Mennella and Helen G. Mennella, husband and wife Lot 2B Lots 1 and 2A Unnumbered lot Lot B Lot A 302 Southeasterly side of Waltham Owner Beatrice M. Miner Dorothy A. Coburn, Trustee of Coburn Real Estate Trust Alice F. McDevitt Abbott Spray & Farm Equipment Co. Street: (cont'd.) Lots as Indicated On Aforesaid Plan Northwesterly side of Waltham Street: Owner Vito Cannalonga and Elizabeth Cannalonga, husband and wife Lexington Lodge #2204 of the Benevolent & Protective Order of Elks of the United States of America Inc. Rocco M. Frasca John F. Paino and Anthony J. LaCava John F. Paino John F. Paino John F. Paino and Anthony J. and Anthony J. and Anthony J. LaCava LaCava LaCava No betterments are to be assessed for And said Board, having considered the damages, hereby determines that no damages none are awarded. Unnumbered lot Lot 6 Lot 5 Lots 3 and 4 Lots as Indicated On Aforesaid Plan Unnumbered lot Unnumbered lot Unnumbered lot and right of way Lot 8 Lot 7 Lot 5 Lots 3 and 4 this improvement. 1 question of have been sustained and WITNESS our hands at Lexington aforesaid this 13th day of July, 1964. TOWN OF LEXINGTON By /s/ Lincoln P. Cole, Jr. /s/ Otis S. Brown, Jr. /s/ Levi G. Burnell /s/ Robert Cataldo Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. July 13, 1961.. Then personally api:eared 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 fore;;oing instrument to be their free act and deed, before me, nald E. Lero Notary Public My commission expires: M rch 14 1970 Mr. Legro stated that he had a pair of tennis courts. Mr. Carroll reported that he h one bidder, the Dennis Driscoll & C $12,595 which is below the amount a stated it is a reputable firm and h to have the ccntract sent out, the surance certificate completed and s Upon motion duly made and seco to award the tennis court contract Driscoll & Company, Inc., in the s Mr. Legro reported that he jus tracts this., afternoon and there are items he would like corrected. He of the completion date, it would be to sign the contract to be held by have been corrected. Upon motion duly made and seco to execute contract between the Tow & Co Tany, Inc., in the sum of $12 Upon motion duly made and secc to execute the second sewer lateral Town and P. Gioioso & Sons in the be signed upon approval of the cont contract for the re- d taken bids, only mpany, Inc., who bid propriated. He took it upon himself and executed and in- nt it to Mr. Legro. ded, it was voted ork to the Dennis of $12,595. received the con - one or two minor stated that in view proper for the Board im until these items ded, it was voted and the Dennis Driscoll 95. ded, it was voted contract between the ount of $114,605, to act by Town Counsel. Mr.Carroll reported that he to.k bids on a front end loader. The:e were seven bidd rs and he had some 303 Tennis court bids Tennis court contract Sewer contract 304 Bids Equipment Water main 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 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 re15.ied 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 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 extra 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 ccmmuni- 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. 1 The Chairman read a letter from Mr. Stephen Rusian, 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 resulted in a small parcel without any access onto a public way. Mr. Spearin is offering this parcel to the 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 lien on that portion of the land taken b y the State, was held over. Mr. Legro explained that Mr. Carrig could apply to the Tax Collector for a certificate dissolving the lien, or he may want a copy of the abatement. Mr. Brown suggested that Mr. Gray 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 the orders for the follow- ing pole locations, all having been approved by Mr. Carroll: 305 Land offer ed to Town Carrig sewer betterment Fulton Rbad, 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 approximately89 feet west of Loring Road, --Eighteen poles. Letter was received from Anton S. Morten, 3 Rolfe Road, with further reference to a peat rocket at the rear of his lot. 306 Police pro- teaction Summer School Cert. of Inc. Cary rentals Use of hall Use of hall Drainage No reply was received from the Board's letter to Waymint Realty Trust, developer of the area, and the Chairman suggested that a follow-up letter be sent to the Trust. Letter w --3s received from Dr. Rudolph J. Fobert, Superintendent of Schools, in regard to providing police- women for the schocl crossings during the six-week period of the Pre First Grade Summer Program. The Chief of Police is willing to provide the protection if the Select- 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 Lenk, 59 York Street, who have applied to the State for a Certificate of Incorporation, satisfactory references having been received from the Chief of Police. Revision of the Rules and Regulations goverhing the use of Cary Memorial Building was held over pending re- 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 Society for the use of Cary Memorial Hall on Friday, 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, Lexington Field and Garden Club, for the use of Esta - brook Hall on April 13, 1965, from 9:00 A.M. until 12:30 P.M. free of charge. Mr. Antonio Buss., 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 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. Busa. 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 Mr. Samuel P. Snow met with the Board, and presented a 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 Gantt 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. Following discussion pertaining to the Law Department, and requests for transfers from the Bridge Charitable Fund, it was voted to resume the open meeting. 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, which was suggested by President Kennedy a year agol He 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 eosmo- 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. Hesuggested 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 Seleetmenrset 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 asthis 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 Human Relations Com- mittee. Mr. Kent reported a conversation with the Executive Director of the Providence, Rhode Island, human 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 309 Bi -racial Committee 310 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 dep+snd on the character of the people 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 A.6 1 311 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 oommunity 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 lessenins 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 tontht. 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; 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 Radios 312 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 Chairman asked if the Board wanted to go through this action to get the newer models or if the radios 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- cations and a saving of $1,000 can be realized. Mr. Burrell presented a smaple of both units. 1 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 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 North Street. He said he would like permission from 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 ben 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. He said if the Board approved of moving the machine, he 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. A true record, Attest: y�'� �Exectiv1er, Selectn 313. Bids Harrison lan d Business Machines 314 Plan for Center Playground area 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 further because Dr. Fobert got in touch with him and wanted to see the plan and discuss it before this meet- ing. He did show the plan to Dr. Fobert and Mr. Abell 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 really 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 c 315 this one because of the track. There would still be four diamonds but it would be a matuer of sbbstituting 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 COMA 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. Tho 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. 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 toe 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. 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 taut 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 tolotsfronting on a street, that he has been building houses in Lexington for sateen 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. 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 $16,937 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. 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 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. 3 1 Monsignore 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 appear to him that the Town would be giving too much, and that Mr. Castoldi would be acquiring another lot. '320 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 report 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 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. Permit 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. Transfer Father Fitzpatrick'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. 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 claimed 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. 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: WLTCTION OFFICERS 1964 - 1965 Ilda J. Field 30 Chase Avenue D Helen M. Perry 16 Ellison Road D Michael Lovezzola 2L2 Waltham Street R Mary E. Clifford 54 Chase Avenue D John McDonough 54 Woburn Street D Randall W. Richards 67 Farmcrest Avenue D Mary G. Oliver 610 Waltham Street D Elizabeth F. Downey 1 Stimson Avenue D Henry P. Meade 50 Percy Road R Nellie I. Batstone 49 Bartlett Avenue R Ida B. Fiske 10 Spencer Street R Florence M. Boone 112 Bedford Street D Marjorie Modoono 285 Woburn Street R R R R R R D D '1R D Agnes Heimlich 796 Massachusetts Avenue Marjorie E. Wirpio 22 Bartlett Avenue Alice G1 Marshall 9 Independence Avenue Helen L. Ignico 18 Outlook Drive Sally S. Hooper 282 Bedford Street Edna R. Anderson 21 Leonard Road Eileen J. Fradette 35 Grapevine Avenue Joseph 0. Rooney 51 Grant Street Helen M. Hanpton 20 Bartlett Avenue Mary J. Ferry 50 Downing Road Ann L. Ford 1989 Massachusetts Avenue Mary A. Spellman 24 Shirley Street R Mary G. McCauley 75 Spring Street Replacing Edna F. Marshall * Replacing Hazel G. Nickerson 110 Woburn Street 19 Hillcrest Ave. )2 (71 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 eOwtei`: 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 all the land possible to purchase from private parties 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 wtth 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 Circle Road 1 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 the 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 whit 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 water 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. :324 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 s'gggested 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. Buss 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 hawould 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 396 Tax title 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 lot aa. He explained that the Planning Board is in favor of sell- ing it to Mr. Cram who owns the abutting property. Upon motion duly made and seconded, it was voted that a proposal to sell lot #60 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: 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. Burnelli, Brown, Cataldo and Sheldon were pre- sent. Mr. Legro4 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,,. 1965. 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 the only person present at the hearing. 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. 4)7 Guide Conduit location `Z8 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 petition 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, sout(jwesterly side, approximately 8,5 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 noad, 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 Lexingto}j, 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 as 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. 378703 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 loiter 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; 1 1 329 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 otrier 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 /8/ Robert Cataldo Majority of the Board of 6electmen COMMONWEALTH 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. Legro Donald E. Legro, Notary Public My commission expires: March 14, 19$0 Mr. Legro referred to a Contract #3. Mr. Carroll explained it involves the betterment street construction for 1964. He 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 contbacty 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. 330 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 wor# 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 contact the Town of Bedford and find out exactly what is being done, as Bedford is proceeding with construction work. Bedford sewage 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,. Burroughb, 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 1 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 bne 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 bhe 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 & Forbes put 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 Article 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 payimg for all that it needs. Mr. Carroll said if the Town 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 pay for this, the Town will still have to appropriate the money at a Special 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 stsgested that Mr. Carrell figure the cost of Cabot, Cabot & Forbes' proposal and also the cost for the entire length. An 8:00 o'clock appointment was macre 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 1 333 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 Drainage Claim Mr. Carroll stated there has been ,a drainage problem on Hancock Street at the end of Hayes 4venue for the past 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 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. 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 (777,71 ql 1 have an opportunity to speak and a question period would follow. Mr. Stevens said the petitioner's position 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 Come 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 cokanion 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 y 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 lie 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 lives across the street and hasknown "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, Ji. Rumford Road, said he has always found "Blaze" to be gentle. He said he also has 336 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. Cle.uens, 11 Rumford Road, said he concurred entirely with Mr. Slade. He said he had two rabbits and "Blaze" came over and did not bopher 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's`' behalf from Arthur J. Filgoni, mailman, Sara Ann Sutterland, »4ancy 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 yachshunds 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 steeet 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 r°lrs. Johnson is recovering from gashes cut in her leg. 331 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 repliea 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. BteVens asked if there was a number of dogs on the portsh when Mr. Herscott called for his dog, and Mr. l'etnov replied that "Blaze" was the only dog. Mr. Stevens said Mr. Herscott asked Mr. Petnov how he (__Sed "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.i'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. Stevems asked if the female dog in heat was on the porchi,.and Mr. Petnov replied she was in the utility room. Mr. Herscott 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 brogen. 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 binds of things happened and that a woman was gas'ed when he knows definitely that a Doberman did it. The C}iairman said this Mrs. Johnson is one who 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. 338 Minutes Warrant Jury list 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 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 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 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, 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: 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. 339 Tax title lots 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 proceeded them through Mr. George Morey. 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 landto be based on the parcel being restored. 40 tt 2, Letter from James Haydon, 33 Homestead Street, with reference to the condition of a lot adjacent 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 the 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 R-'gulations 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. Tbm 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. 1 1 341 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 approac}es 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 crosswalk 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 /s/ Lincoln P. Cole, Jr. Date of Passage Attest: 'Pawn Clerk Levi G. Burnell Robert Cataldo George C. Sheldon Otis S. Brown, Jr. 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 342 Public Works 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 less 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 locationwhere 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) Ata 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. 343 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 tie 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 signor—location where a flashing red, flashing yellow arflash- ing green indication is being given facing a crosswalk, pedes- trians shall actuate, whre 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 4 Pedestrian Crossings and Use of Roadways (a) It shall be unlawful for any person to actuate a pedestrian control signal unless a crc;ssing 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 1LA 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, state federal or public service corporation employees while in the performance o tt1A r 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 regmlations. 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 14.09 of the Acts of 1962. Section 9 Effect of Regulations All existing rules and regulations governing the operation of vehicles or the Use 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 Under any of the said rules and regulations hereby repealed. 1 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 nules 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, 1964 Date of Passage Attest: Town Clerk /s/ Lincoln P. Cole, Jr. Levi G. Burnell Robert Cataldo George C. Sheldon Otis S. Brown, Jr. Board of Selectmen Mr. Gray reported that he had granted permission to Mr. Mitchell Spiris, School Department, to use Gary Use Of Msmorial Building on September 2 for a luncheon to be hall given to new teachers. Mr. Gray reported that an additional $1,000is needed for Medical Fire amd Police. 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 Med3ieal 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. 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 10:40 P.M. Transfer Appointmer. 346 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 happe}j. He said that Mr. Kent felt tae 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 consisting of from three tofive 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 tae 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: ry p J j2r rl Cler, Selec 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 is to be held on September 2, and the following 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 Reorganized Church of Jesus Christ of Latter Day Saints. He said some time ago in 1963, sewer was installed in Percy Road and the Church was assessed on Percy Road. 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 Streets on Monday, September 17, 1964. There were three bidders: Municipal Signal & Supply 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 the third and last sewer contract on Tuesday, September 8, at 4 P.M. 347 Meeting date Abatement sewer betterment assessment Traffic Signals' bid Sewer bids 348 122 (71 21 Water main Spring St. 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 costs and had three proposals to offer, which he 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 Ran #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 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 nated°_if 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, itwas 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. 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 problem 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 its 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. Tax title lots 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 located between Lots 1 and 2 (#31} and #28 Summer St.) 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. 1 Upon motion duly made and seconded, it was voted to inform Mr. Bellizia that due to the fact there was 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. 351 Abatement 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. meeting 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 Sattrday 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 Cara 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 11 tt " IS It Sunday movies Douglas Bruce McDowell 53 Simonds Road Taxi Driver o "r2 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 fat- conduit. Outhet subdivision 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. Mr. Outhet stated this is a small 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 Modre's. 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 1 1 from this year's budget, it can be used, or if not, the 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 reputation of any person. Following discussion cf the Christian Brothers High School abd 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 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 Board 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 Tie C}aaitman:str ted thattwo jurors would be drawn and the following individuals were drawn for jury duty: Theodore Roberts, 356 Marrett Road;Clinton M. Rot}t, Jr., 6 Blinn Road. Jurors 354 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 ahked 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. Mr. Aiden Ripley stated if this land was acquired, it would control one small waterway and this might be valuable 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 swimming hole. This would be an ideal swimming hole 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 $1,000. Upon motion dilly made and seconded, it was voted that an article, sponsored by the Recreation Committee, would be inserted in the Warrant for the Annual Town Meeting after due consideration by the Board of Health. The group retired at 9:55 P.M. The meeting adjourned at 10:00 P.M. A true record, Attest: 'C_ a'$ _ry? "Old Res" Site Acting Clerk, Selectmen JP V Jurors 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, Cataido 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 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 of 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 thehearing 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 preset 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 decl*red open upon petition of the New England Telephone and Telegraph Company and the Boston Edison Company for permission to locate on pole on Robinson Road. Mr. Robert Duhn, representing the New England Tele- phone and Telegraph Company, and Mr. Serverson, repre- senting the Boston Edison Company, were the only persons 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 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, east of Grove Street, - One (1) pole. Robinson Road, northerly side, east of Grove Street, -- One (1) pole. (One existing JO pole to approximately 100 feet approximately 285 feet 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. Mr. Serverson, 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. 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 petitbn and sign the order for the following manhole and underground conduit locations: Lowell Street, approximately 145 feet southeast of Summer Street, 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. 357 Pole location Manhole an conduit 358 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, Cabob & 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 1 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 Street 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 360 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 makses 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 offorcing 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 lasts 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 R-GULATIONS 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 powrr 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: 1.) 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 361 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 Puolic Works is permitted. 3.) Material 1s 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 merited with signs indicating that dumping in those areas is not permitted. L.E.) 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 holidaysi 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 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 each. 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 z c Cr TLA 1 safety and nct 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 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 nature 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 CanAittee may have some ideas. He suggested that the School Committee mepdthe 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. Minutes 364 Sidewalks Sewer 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 o at the budget books. He said he has a total of $40,000 and he is going to do Concord Avenue from Station WCOP to W-ltham Street. He reported that this will be a very, very difficult side- walk to construct. It will be on the Roui;e 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. CFtaldo replied in the negative and said he thought the entire length should be done. W. Sheldon sked if there 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 Hvenue. 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 conbtruct 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 was built in Tufts Ror, , it came from Tufts Road and was supposed to end at a point at the end of the subdivision, which he 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. cr 1 1 365 In addition to installing this sewer illegally, the developer was supposed to install a drain along lot 319 down the ease ment on the northerly side of lot 315. Indeed 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- nected to the sewer, bort the Town has no easement for that sewer line. Mr. Carroll said he hes 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 Roy -d, 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 thLt 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. Hebbard because the sewer was brought up to the corner of his lot. Mr. Brown said bothLthese 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 coope ate. 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 not be charged a betterment on the Fairbanks Ro:d sewer. Mr. Legro asked if the Board was inclined to stipu- late that it will not make a betterment charge on P•1r. Hebbard's lot for the sewer on Fairbanks Road. The Chairman replied in the affirmative. 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, �66 Agenda Traffic Signals Inc., subject to conditions being met by the contractor to the approval of Town Counsel. The Chairman said there are items on the agenda with a "C" beside them which could, rather than be prat on the agenda, be assigned to the department involved. The Board could then have a letter from the department involved. He suggested thnt, in the future, the Execu- tive Assistant and Executive Clerk go over these 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 whereGrandview Avenue stops from its begin - Grandview ning on School Street, stating that he endorses Mr. Avenue Eriokson'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. lalcolm, 1 Hilltop Iiv 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 thet 1"r. 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 recomaend=:tion to the Board at its next meeting. Notice was received from the County Commissioners pertaining to a hearing on Wednesday, September 23, for discussion of matters pertaining to public roads. Mr. Carroll said he has recommendations in his mind and fthr Chatter 90, he recommended extending Aassachusetts 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, requesting a street light. Mr. Carroll reported that he has ordered the light. Request from Mrs. Kelvin W. Tracey for a "Go Slow Children" sign at each entrai..ce to the development known Traffic as the Grove, was referred to the Traffic Stidy Committee. Letter was received from the School Committee, a copy of which was sent to each member of the Board, rela- tive to the acquisition of five additional school sites. Schools The Chairman said the School Sites Committee has met with Dr. Fobert. Mr. Gray reported that there was a meeting and he thought there would be a joint release regarding that meeting. 3... Chapter 90 Street light Upon motion duly made and seconded, to authorize the "Package Goods" Stores during polling hours on State Primaries 1964. Upon motion duly made and seconded, to grant the followi g uses of halls: Mystic Valley Mental Health riss'n. Temple Emunah Lex. Field & Garden Lex. Historical Society it was voted "Package to remain open Goods' Day, September 10, Stores it wa voted Uses of Conference Room halls Cary Hall Estabrook Hall Estabrook Hall Mr. Gray r'ead.a letter from the Lexington Historical Society, requesting that the old cannon, formerly lo- cated on the Common and now in the rear of the Public Works Building, be given to the Socisty. Upon motion duly made and seconded, it was voted to grant the request. 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 Cannon :3(I3 made public, might adversely affect the public security, the financial interst 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: J' o, iv Cle k 369 SPTRCTMEN'S MEETING September 14, 196L. 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 on(Spring Street for the storage of 3,010 gallons of #2 f `el oil. (Continued later in meeting.) Mr. Cole, Chairman, arrived at 7:53 P.M. and pro -- seeded 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 $128,197.50. 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 low lots abutting it, and secondlyi there are a number 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 Request to dump fill C. C. & F. water Agreement 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.) M. 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 Ir. 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 Trust has agreed to enter into an agreement with the Town of Lexington to pay half the cost incurred in the con- struction of an 8" cast iron water main along the Frontage 371 Road at Route 2 and Spring Street; the main to run from Station 123 = 00 to approximately Station 11.0 = 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 conbtruct 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. Ericksonlsplied 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 that 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 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 strongfeeling 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 hands 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. 1 37:3 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 .Lround 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. Catas.do said he thought Meriam Street was a better location for policing at night. He asked if any thought had been given to the property at 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 nave to go 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 be opposition in Town Meeting to placing this building on the Green and that will kill it. Mr. Cataldo sqid he noticed that the guides would 374 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. Cr° Cz.. 1 Miss 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 year 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 abo, 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, 376 the first six months are on him. The last six months, when be returned the card, he did notthink 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 was quiet, and Mr. Giddings replied that it is in an insulated area. He said he could not hear it in theapiPsLadming 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 underadvisement 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 19614, 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 proper - 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 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 a supplement to the Personnel By -Law and Pay Schedule prepared by Charles M. Evans and Associates, was noted and placed on file, a copy having been mailed to each member of the Board. Upon motion duly made and seconded, it was voted to grant a Taxi Driver License to George W. Hastings, 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 on September 2, 19611.. 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 of whether or not, this loam and gravel can be removed from the premises is a matter for the Board of Appeals 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, theyy 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. 377 Personnel By -Law & Pay Schedule License Minutes Removal of loam & gravel 378 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 Bo ardts 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 s suggested by W. Brown on behalf of the committee. Mr. Gray read a letter from Mr. Legro, Town Counsel, with reference to the dase: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 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 lotion duly made and seconded, it was voted to insert an article in the warrant for the next Town 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. W. 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 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 379 Articles Dump 38 Traffic 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 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 sne 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. Gray 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 underadvisement 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- chase tax title lots 41, 55 and 56 on Wood Street. The strip of land Mr. Newgent is interested in Tax title 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 4.0 -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 reference to Mr. Antonio DeVito's offer to purchase lots 79 and 81 Valleyfield Street to enable him to build a house on lot 80. 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 isnot 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. Tax title 382 Contract Radios Executive Session Mr. Gray reported on three bids received by Mr. Arthur Burrell, Director of Civil Defense, on radios, and stated the only bid that met tYheAspecifi- cations, was Motorola, but $249 over the amount avail- 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- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following 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: Cler . Select 383 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, 196L., 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. 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 tionerst 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 i/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 tree petitioners, owners of the property as listed on the petitioners' plan 384 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 Vo 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: Hanwell 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 Cri 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 Merrett 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 tretaining 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". Upon motion duly made and seconded, it was voted to establish the date of October 5, 1964 as the closing Closing date for receiving articles to be inserted in the warrant warrant for the Special Town Meeting to be held November 16, 1964. Mr. Carroll stated that thr;re is a chance that the Woodhaven Sewer job mightEp 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 that 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 proper response been made, he would have had an opportunity to repair the leak. tan Cz` The Chairman read a letter from Mrs. Norman B. Hale, 4 Blinn Road, oppasing closing of the dump on Sundays. The Chairman reported that he had received some 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 duip Saturday make sure the traffic can be handled. 387 Dump 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. Hess id 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 Transfer 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 8:10 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, 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' Expenses 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 -roan, 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 suggested 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 1 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 held over. Mr. Gray was requested to discuss the subject with Mr. James 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 Street, who has applied to the State for a Certificate 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, 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 MAWS Permit Street, Melrose. The truck will be used by Robert J. Burns, 37 Cliffe Avenue, to take his house refuse to the dump. 3s9 Registrars Cert. of Inc. License 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 10, 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 Cary?Hall on December 1, 1964, subject to a charge of $100, plus $3.46 per hour for custodian's overtime services. Use of hall 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. 390 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 contact 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. 391 Mr. Gray 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 thet Mr. McCormack saw Mr. Carroll who suggested that he petition the Board. He also saw Sewer Mr. Finneran, Executive Health Officer, who stated this house is 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. Carroll 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. Buss wishes to acquire. Mr. Legro would like to sit down and discuss every question with Mr. Musa 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: 392 Jurors Drainage SELECTMEN'S MEETING September 28, 196L1. 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 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 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 thkt 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 vier 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. AThe 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 jrist as soon tell Miss Ryan that it will be done when the 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 ware 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 that people by the name 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. Mr•. 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 0194, z to authorize Mr. Carroll to extend the water main fifty feet, more or less, to serve the property at #12 Larch - wont 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. Meriam St. parking lot 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 should be taken and something done before snowy weather. 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 thought 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 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 was 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 specific rezoning 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 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. Rezoning Committee 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 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 correctthis 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 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 for the five-year period 1965 - 1969. Mr. Sheldon said the committee is entitled to the 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 hurry relative to appointment to ithat Board to fill 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 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, inquiring if the Town desired to purchase land owned by him and located adjacent to the Tarbell Avenue school site. Upon motion d7.y made and seconded, it was voted to advise Mr. DeLeo that there appears to be no advan- tage to the Town in acquisition of this parcel of land and that the. Planning Board does not recommend its purchase. 397 Capital Expendi- tures Appoint- ment Article Land ad- jacent to T arbell Avenue school site 39S Trebino hearing Route 3 Kiln Brook Pursuant to provisions of Chapter 139, Section 1, of the General Laws, as revised, hearing wasdeclared open relative to conditions of property believed to be owned by Stephen Trebino, 83 Spring Street, and located 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 buildion 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 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 thbt when he and Mr. Carroll attended 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. 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 made public, might adversely affect the public security, 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 topof 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. Ctmmings 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. Executive Session 400 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 }ills and doctor's bills were all sent to him. Mr. Sheldon asked who paid the bills, and J4r. 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: }� r ec iviCler , Select 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, Catal do 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 State 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 ie would be in a position to 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. Bid 402 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 outhis t is the second consecutive3' ear he has received such a large number of requests in the North Lex', n g q o area. He explained the p alternative to sealing off leaks is to enlarge the he 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 theonly 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 opinioi 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 this. 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. Cataldo said, in considering Hartwell Avenue, a public works building woad not be tiie neatest type to lo- cate adjacent to a good-looking plant, and he thought the 404 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 iniits 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 had 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 arrangement, 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 Upon motion dulymade and seconded, it was voted Meeting to be held November 23, 1964. to insert an article in the warrant for the Special Town 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 fiom 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. c c7.7s 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 Sttur- 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 talked 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 t;ro 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 Cert. of and said he was interested and willing to accept an appointment and would make an ideal commissioner.. The Chairman explained the Beard'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 FRould 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, 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. Appointment Appointment Appointment Appointment Further consideration was given to the vacancy on the Board of Registrars. 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 s Town Celebrations Committee were held over. Names suggested for appointment to a committee to study rezoning in general were Paul Yewell, Louis Zehner, Nathan Ricker, and Gardner Ferguson. Letter was received from the Lexington Arts and 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. (71 409 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 Selectmenare 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. 410 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 dtkly made and seconded, it was voted to go into executive session for the purpose of discussing, Executive deliberating or voting on matters whida, 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 �rtice requesting insertion of an article in the warrant for the November Town Meeting 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. A true record, Attest: ) / ec iv Clerk, Selecien 411 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 thesidewalk beyond East Street. He advised the Board he felt the erection cf concrete guard posts would not be satis- Sidewalk factory because 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 strtet 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 asphalt 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 that there are used posts at the barn. 412 Dumping 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:aorize 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- 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 acres 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. C.""! Cri GC 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 main is extended. Mr. Carroll recommended 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. 413 Swimming pool 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, to grant permission to the Mystic Valley extend a 2" welded steel gas main in Oak gas to Mohawk Drive. Upon motion duly made and seconded, to grant permission to the Mystic Valley extend a 6" welded steel main in Worthen gas to Grace Chapel. it was voted Gas Company to Permit Street to serve it was voted Gas Company to Permit Road to serve 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 Paper Drive Dunham Street, southerly approximately 165 Four (4.) poles. pole. side, westerly from feet west of Edmund Guy wire and anchor a point Road, on 1st Request was received from the Pilgrim Congregational Church to hold a paper drive on November 28. The Board had no objection. Letter was 1-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. Charles T. Cosgrove Robert E. Ross Earl Shwartz License denied License denied Taxi driver licenses Minutes 48 Lincoln Street 307 Wood Street 7 Harris Circle, Arlington 11 Garfield Street Upon motion duly made and seconded, it was voted to deny application for a Taxi Driver License filed by Peter R. Pettingell, 8 Marlboro Road. Upon motion duly made and seconded, it was voted to deny application for a Taxi Driver License filed by Paul Brian McCauley, 75 Spring Street. Mr. Gray mentioned the fact that several years Ego, a previous Board authorized 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 for licenses ale referred to the Police Department and it takes time to get a report back. In the meantime, these 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 to approve the minttes of the Selectmen's Meeting held October 5. crn 1 Upon motion duly made and seconded, it was voted to appoint Mrs. Elizabeth C. Severance, 93 Gleason Road, to the Town Celebrations Committee for an unexpired term 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- questing funds for preliminary plans and specifications for remodelling or enlarging the present building. Upon motion duly made and seconded, it was voted 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 reference to Mr. Smith's resig- nation as a Cemetery Commissioner, said he would like to submit the tame of Robert Sherman. Mr. Sheldon pointed out that last week Mr. Smith had mentioned Louis Zehner and ne would recommend him. Mr. Cataldo said the Board had Mr. Zehner's name 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 Cemetery Commissioners It was agreed to defer actual appointment until the Chairman contacted Mr. Zenner and discussed the subject with him. Further discussion on appointment of a rezoning committee was held and the following names considered: Harry Berglund, Gardner Ferguson, Frank Samuel, Louis Zenner, Paul /Swell. 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 ere 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 Town Meeting vote and he has received the old release and prepared a new one for the Board's signature. 415 Appoint- ment Town barn Article Appoint- ment Appoint- ments Release 416 Sullivan claim 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 before the letter was written and he was concerned be- cause the year in which to file a claim was passing. -It was agreed to have him send a letter to the Board. He explained th<t the]etter 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 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. Executive Session Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing deliberating or voting on matters, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following a discussion relative to 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 Boer d 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: t iv C.le/men SELECTMEN'S MEETIG 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 drain easement on October 14, that it became referred to the order of taking for a in Lowell Street, executed by the Board 1964, in Executive Session, and explained necessary to redraw the signature page. 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, 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 thgt the article to acquire the land must be for conservation pupposes and the maximum the Town can recover is SO%. 4i Drain easement Tax title 448 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 ComAttee, 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 the 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. 419 Upon motion duly made and seconded, it was voted to grant a permit to Porter & Desmond to move a dwelling froom 804 Waltham Street to 291 Concord Avenue, subject to the usual conditions. The Chairman read a letter from the Follen Hill Estates Ascoeiation 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 hr -,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. M. Burnell said there should be a preference program for sidewalks set up by the Bocrd. Mr. Carroll stated there is a school building program and the side".•calks have to be built for the schools. He 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 are wren 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 420 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 had 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 sato he thought the Board .shouldcontinue 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 having 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 ssked 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 suggested that the Board 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 are 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 pro^erly licensed, it can roam unless he is a nuisance and a written complaint is failed 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 Selectmen 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 plog Officer. Officer Shaughnessy retired at 8:30 P.M. 422 Hearing License 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 thrt he does not know. Mr. Gray was requested to discuss the matter further with Mr. Zaleski. The Chairman read a letter from Mr. Zaleski, Plan - ping 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 and 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 school 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 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, 8 Balfour Street, satisfactory character references having been received from Chief Rycroft. e r-, 1 423 Upon motion duly made and seconded, it was voted to approve the minibes 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 A'sistant, 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 hd 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 what the legal solution eras. Mr. Cataldo replied Arlington will bring its drain to the Town of Lexington line. Mr. Carroll mentioned that Lexington water would still be going to the Town 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 UN Day r 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, October P), 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: 425 SELECTMEN'S MEETING October 26, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room; 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 declared 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..darroll 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 Vo pole location: Bedford Street, southwesterly side, approximately 156 feet northwest of Glendale Avenue, -- One (1) pole. Mr. Carroll stated that the Water Services Account 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 Services Account. 426 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 lock 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. Request 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 tht 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. z 427 there are two very large trees and there is not room to 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 T'ood Street, but at thrt 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 tills involves the School Com- mittee, its approval is required and not that of t 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 tht 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 428 Transfer 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. 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 Taxi Driver Licenses to the following individuals, satisfactory character references having been received from the Chief of Police: Licenses Minutes Coleman F. Vaughan, Kenneth P. Kelley, Jr., and Robert T. Wesel. Upon motion duly made and seconded, it was voted 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 Boards or Cotnittees, has been long standing and had its origin with the procedures for preparing the warrant for the Town Meeting held June 8. The specific 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 429 a number of people and received editorial comment in the 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 Hoard 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 read. He said the Hoard 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_Lairman. 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 and there were other precedents in which the Board had not followed the procedure of inserting an article from Boards or Committees. He said the Tis 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 and 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 Meeting 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-rr..'., mitted to the Board before that 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 recommendr.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 Meeting and the various Boards and Committees. He sate the TMMA would hope in the future in meetings with other Boards the Selectmen would have s give and take, and in 95% or more 430 of the cases they would come in with mutually agreed-upon 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 like 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 governing Board, he would like to reserve the right not to insert articles. The Chairman said he thought this was what the Board has decided and 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 tint 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. tc 431 He said the Conservation Commission is not necessarily a creation of the Sectmen, it is not in the same relation- ship as Town Departments. The Chairman said all the Board is being �:sked 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 Eet signatures. The group retired at 8:22 P.M. Messrs. Trani, Stevens, and Maiensa, 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 with 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 olan 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 kir. Trani Trani replied they have future plans. Mr. Cataldo explained his thought was to get to- gether and strair_;hten 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 bhfore 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. 432 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 and 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. 4c 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, Zenner, 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 budgets 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 making 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 Board 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 information. 434 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 tiie 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 Lith 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 committee 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 14r. 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, 196L1. 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 tris 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 BottomleyJs comments, concerning application of the recent legislation pertaining to eminent domain proceedings, was received from the Middlesex County Commissioners. 436 The Chairman said this is information for the Board but mora 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 interest of the Town, or thereputation 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 expressed 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 Town 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: Jerk. Select en 43i� e 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 Roac,, 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 Bnd2anchor on Dunham Street. Mr. Serverson, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone and Telegraph Company, were t«e 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. Pole, guy & anchor A38 Pole, guy & anchor Traffic Mr. Serverson, representing the Boston Edison Company, and Mr. Dunn, representing the New England Te]ephone 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 withthe Superintendent of Public Works. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing i/o pole, guy wire and anchor locntion. Previously, the Board had given the petitioners a vote of confidence. is 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 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 sin the orders for the following pole locations, all having been approved by Mr. Carroll: Rogera: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 j/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 RoFd, 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 on October 26, 1964. Upon motion duly made and seconded, it was voted to grant a Taxi 1Jriver License to Russell A. Guilotti, 96 Smith Street, Waltham, satisfactory character refer- ences having been received from the Chief of Police. Minutes License 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 request, and tell him to obtain a daily permit any time he wants to Letter was received ffom Arthur C. Carroll, Colonel, I?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 Executive Session for $2.00 a day He said the dump is o eratted for ep le in Lexington. If he can prove nie has grounds for havinng 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, might adversely affect the public security, the financial interett 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 i"ir. 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 ilanning oard did recommend that the lots be combined, he felt they could be sold and built upon in this area. The Chairman said if the lots are sold without re- striction4, the Town should receive a fair price. Mr. Gray was requested to contact Mr. Kelley. Upon motion duly made and seconded, it wa' voted to adjourn the meeting at 9:10 P.M. pec iv A true record, Attest..: 1 1 441 SELECTMEN'S MEETING November 9, 196L 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 Cold', 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 tilt M % 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. Engry 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 A42 Executive Session 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 Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following 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 that 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. Mr. 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 TEE 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 TARE WEIGHT RATE 8,00. to 10,000 lbs. 10,001 to 14,000 lbs. 14,001 to 20,000 lbs. 20,001 tO 24,000 lbs. over 24,000 lbs. 7.50 8.00 8.50 10.00 10.50 HAULING REG. CAPACITY 12,001 to 16,000 lbs. 16,001 to 22,000 lbs. 22,001 to 28,000 lbs. over 28,001 (2 axles) over 28,001 13 axles) RATE 4.75 6.00 6.5o 8.50 9.5o 1 1 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 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. No Parking 444 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 Parkin; 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 j/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 westof Edmund Road, 8 - Four poles. (Four existing j/o poles to be removed.) r Gas main 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 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. 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 W. 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. 446 Sale of land to Wilson Mr. Gray read a letter from the School Committee advising that it had voted to release the piece of Town -owned land between Worthen Road and Lot #25 (1 Baskin Rd.) for possible purchase by Mr. L. Albert Wilson. Mr. Gray reported that Mr. Wilson has been informed 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 few 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 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: 1 SELECTMEN'S MEETING November 16, 1964 A regular meeting of the Board of Selectmen was 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 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, No+ember 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. 449 Contract 450 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 tht 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 th^t 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. 1 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 State will plow the entire length of Maple Street, and 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- 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 use inventory and study now under way. 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 on Saturday, November 21. The Chairman was authorized toadvise Miss Weinstein who signed the letter, that legally the Board has no right 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 H. White, Secretary of the Commonwealth, in regard to the State Decennial Census of 1965 to be taken as of January 1, 1965. 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. 451 Snow removal Sewer Land use map Civil Rights' advertis- ing signs Decennial census 452 Articles Executive Session License Messrs. Legro and Carroll retired. The Capital Expenditures Committee and the Appropri- 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. Def iiency Account. Article L. 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, deliberating or voting on matters, which, if made public, 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 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. 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 r.eported 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 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. Tax title Meeting Planning Board Betterment Assessment Upon motion duly made and seconded, it was voted 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 favor of the three zoning articles in the Warrant for 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 informed 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 Volunteer Way. Mr. Legro is of the opinion the property 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 m.ay 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 tje 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: 455 SELECTMEN'S MEETING November 23, 1964 A regular meeting of the Board of Selectmen iwaa held in the Selectmen's Room, Town Office Building, on Monday, November 23, 1964, at 7:00 P.M. Chairman Cde, 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 Lek.ington 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, 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. Mr. Carroll explained that both buildings would be moved over the same streets and he would like the Board's permisoion 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 Jurors Permit 45.6 cis 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 Minter Street. Coahh Road will be constructed by the developer and Mr. Harrirgtdnbraahba=to hear sssmething` def Inttel'erhM.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: 0 v /Cler ', Select 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 was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles on 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 Vo pole lo- 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 poles 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. rl trn Q1 459 Mr. Cataldo asked what the proposed pole locations 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 objects 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 present 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 Wrtertown Street. Mr. Cataldo abstained from voting. The Chairman read a letter from the 6tate Bureau of Accounts advising that approval has been given to the 460 Cummings' property 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 parties 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 thr: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 stated that last he heard was that an inspection of the premises was to be made by Mr. Gray and Mr. Irwin. 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. 1 461 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 Lias 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 '850.42 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 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 expained 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. 463 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 nothing 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. Carroll retired at 8:40 P.M. Mrs. Morey, Mr. Richards and 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 464 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 happenl g. 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 come 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 about the men who was sick two or three days. The Chief ststed 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 wes 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 was 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 guggesting 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 Chidf 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 lhich 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 Chidf 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 askir}g is for the 466 Board to back him up if he administers it this way. Mr. Gray suggested that the Board make score howthe 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 was 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 ^s ing 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 .-nd specifications. 'IA 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. Carroll. 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.2tal do 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 have 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, bort would not gAve 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 dnderstand what is going on. 468 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 oftt.he 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 Departm.-nt 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 Public 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. Carroll 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 Middle» 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 Resignttioz 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 thst 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..0 Resignation Appointment 'Appointment Upon motion duly made and seconded, it was voted 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 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.% Upon motion duly made and seconded, it was voted to appoint Mr. Donald White, 212 East Street, an Associ- ate Member of 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. Licenses Minutes 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. Brewster's, Inc. Heritage Room Restaurant Pine Meadows Country Club Regent Delicatessen Lexington Motor Inn, Inc. Robert J. Dubin Lexington Liquor Mart Inc. Joseph Trani, Incorporated Common Victualler tt rr rr it rt n n u Innkeeper's Second Class Agent Package Goods Store tt n n Upon motion duly made and seconded, it was voted 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. 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. 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: 471. Tax title 472 Executive Session Capital Ex- penditures Budget SEIE CTMEN'S MEETING December 7, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 7, 1964, at 7:30 P.M. Chairman Cole, Messrs. Brown, Cataldo and Sheldon were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. c.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 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 pertaining to a tax title 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 was 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 ¢he Town barn changes and snything else the Board might have. He explained the committee is trying to have a report ready to present after the first of the year. Mr. Sheldon asked if the Committee w2s thinking 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 last two years, but he neglected to discuss it this year. The figure he had in his budget was $20,000 not including any land taking costs. 1 1 473 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 ,Committee and the Chairman of the Capital Expendi- tures Committee, although the members of the committee are welcome to attend. Mr. Boughton said hewas talking about a budget and did not have to have Commitments. 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 the 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 whot 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 born. 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. Boghton asked if this was something that could 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 Permit 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 Piave 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 lack. 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 this 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 manor temporary changes. The Board felt rather than do this, it should have plans for alterations and have a study made sofas 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. 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 475 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. Strong 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 been 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 stret bettermaflf7freffb 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 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 peotile were assessed for 168 feet andactually Transfer 176 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 by 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 the 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 thispgrticular area other than what is generated in the neighborhood. He said before anything is done, the Board should look into the entire program. Salaries 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- tive 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 tr 1 1 477 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. Ekren 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 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 Road., -- locations Seven (i) poles, guy wire and anchor 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. Sanderson Road, northerly from a point approximately 29 feet north of Bryant Road, -- Five (5) poles. Guy wire and anchor on 5th pole. 4 8 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 southeast of Nowers Street, -- 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 w's misplaced in the Secretary's office. The Chairman maid a, :letter =from Mns. 'Marl C'aaag, 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 nursing 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 :seconded, 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 b r Upon motion duly made and grant Taxi Driver Licenses Woburn Street, Lexington, 200 Springs Road, Bedford, Upon motion duly made to sign Liquor License for subject to the approval of Commission. seconded, it was voted to to Warren C.Modoono, 191 and Andrew J. Gnoza, III' for a period of sixty days. and seconded, it was voted Busa Bros. Liquors, Inc. Alcoholic Beverages Control Upon motion duly made and seconded, it was voted to approve the minutes of tie Selectmen's Meeting held 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 appcintirent to the Security Committee of the Arlington Cooperative Bank, and said he merely wanted to keep the Board informed and was not a question of asking for the Board's sanction. Since writing the 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 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 479 Licenses Liquor License Minutes Building Inspector Lexington Housing Authority Christmas trees 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 recommendations and #2, arrange a meeting with the Public Facilities Committee. The Chairman said evidently there is a conflict in the office of the Secretary of State in regard to the Lexington Housing Authority, and it is necessary for the Board to re -appoint the members who will have to run for office again at the annual election in March. Upon motion duly made and seconded, it was voted to re -appoint the following individuals to tie Lexington Housing Authority: Albert W. Hruby Burton L. Williams Temple E. Scanlon Edwin A. Bennett 36 Williams Road 17 Dane Road 62 Ledgelawn Avenue 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 liability coverage. 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. Mr. Gray reported he had checked General Laws in regard to a Dog Leash Law. He explained anything the Board might place on the ballot would be an expression of opinion only, and any By-Lawswould 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. 4Sj_ Referendum Article Mr. Gray reported that he could find nothing in the statute that gives the Town authority to prevent hunting or any provisions whereby 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 instructicns 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, And 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 $1,6Li.5 levied against pro- perty owned by him on Volunteer Way. He explained the 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. Sullivan betterment 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 1961+ Annual Town Report. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $1,075 from the Reserve Rund to the Elections - Jurisdiction Selectmen Account. The shortage in this account is due to the Special Town Meeting held on Town Report Transfer 482 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: c iv ..Cle'r SelecWie Cr- 1 483 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 time 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 Board 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 iobtsd tha.t,Iley :'M1,14ieetabiio•-eaadr int; . s. 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 Water bill Claim 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 sre 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. Mr. Carroll reported that Mrs. Schuman rented the property and it was his feeling that the tenantcmust 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 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 S5 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 tAVeterans' 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 pdesible. 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 Ravel L. Cummings' Cummings, 48 Wildwood Avenue and located at 475 Massachu- hearing 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 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. Bevel L. Cummings and Mrs. Ada H. Meilick, his sister. Upon motion duly made and seconded, it was voted to postpone the hearing until Monday, December 21, 196L, at 9:30 P.M. Upon motion duly made and seconded, it was voted to grant the following licenses: Geoffroy's Pharmacy The Penguin Ice Cream Shoppe John Cappadona, Jr. The Old House Connors Bros. Inc. Common Victualler n a n n n e 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, 1964. Letter was received from Mr. Frark W. Crimp, archi- tect for the Middleby Road elementary school building, in regard to direct access from the school property to Marrett Road. He has proposed to the Standing School Building Committee that a path be builtion 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 Middleby Road School Access 41 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 was 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 acid 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 $141.19 was still due and then he re- ceived a notification on October 7 that the sum was now a lien on the property. Executive Session 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 ws 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 purposeof discussing, deliberating, or voting on matters which, if mEde public, might adversely affect the public security, the financial interest of the Town, or the reputatinn of any person. Following a discussion with the School Committee and Chief Rycroft, it was voted to resume the open meeting. 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 explained 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 Shop,,ing 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 9:14.0 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 eonceive 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 Planning 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 z 1 Emerson Road is to go in there, then the Town pays that part of Emerson Road, another $50,000. He sa could not believe the Tarbell Avenue site would be where near $300,000 for preparation anc urged that study be given to what it would cost to use that s The group retired at 10:10 P.M. for id he any - careful ite. 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 important, 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 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. 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 $2250oo 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 id: 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 491 Town barn ka 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 Appropriaticn 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: 494 SELE CTMEN ' S MEETING December 19, 196L. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday, December 19, 196L., 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 coulk do this every five years. I do feel the average employee who is not the type of individual who is going to -advance 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 -1l. 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 cr 1 consider the problem of the salaries of administrative 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 cenbnr playground area is becoming more complex. The athlwtic program in the schools 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 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 ownwater 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 oheaper. 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. Carrollts Department do it anyway. The Chairman said many things being done by departments under the Boardts 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 thebookkeeping 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 follvwo: "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 497 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 hasto 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." Beleastro - "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 everyeffort 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. 498 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 get.ing 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 rquired 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 tc:tal 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 1 49') 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 *bre 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. 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 Bord, it should have the arguments so it gives the Board something to use in weighibg 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 for 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 believedthat 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 or less regular basis providing the individual involved is on the ball, they would get the 2%. 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 would 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 salarywiw. 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, Burroughtand shools. 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 look at a house plan in ten minutes. You cantt 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 familiarwith 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: 502 Grush - "We want our girls to be 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, exgept 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 statues 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 maximums,but felt they needed a raise." Mr. Brown asked if she would take the stand that every so often she. would have to consider 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 yeu 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 Chairmanaskedif 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 lifesaversand 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 hr. 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." h0! Chairman said the point is, there is a ceiling. Mr. Hayes - "Yea. 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. 4 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 rot 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 mate for the period 1955 to 1964; accidents for the period 1954 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 your. 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 assistant. Mr. Meyer retired at 12:30 P.M., and the meeting adjourned. A true record, Attest: 506 t„n SELECT 'S MEERING 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 thct 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 money 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 far as he is concerned, is not an accurate way of gauging 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, thalit 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. Bedford sewerage 1 507 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 af2irmative. 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, re uesting 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 ;cart 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 00O Pole locations 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 j/o pole locations, all having been approved by Mr. 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 10 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 whether it is a nonconforming use as a Lodging House or anInn. 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. 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, (hospitalization - indigent resident - George OtIeara). Mr.. Legro said this is under investigation at the present time and is something that probably will be re- solved. 09 Claim At 8:00 P.M., Messrs. Meyer and Bryson and members of the ljexington Chamber of Commerce met with the Board. Mr. Kolovson read and submitted a report of the Committee for the Retitalization 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 architecjt'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 comi.itment 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 leavle 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 interest, 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 ?tan- ning Board and the Board of Selectmen. Mrs Bryson asked if only the banks were going to under- write t1e 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 explaind 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 hump 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. Updn 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 stall be written. Updn motion duly made and seconded, it was voted Licenses to grant the following licenses: Richard 'F. Petrino Lex. Motor Inn Rest. Richard B. Becklund Elden B. Gray, Jr. Winifred W. Belcher William M. Belcher Donald W. Birch Caywood Greening, Jr. Douglas E. Hogan Edward S. Lenhoff Douglas, B. McDowell Robert S. Ross Coleman 'V^ughan 316 Marrett Road Common Victualler 727 Marrett Road " tt 4 Allen Rd., Watertown Taxi Driver 111 Barbara ted., Waltham n n It rt " tt " tt 51.2 The Chairman referred to inquiries made by one Franklyn 7. 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 Nr. Yewell replied in the affirmative. Mr. Yewell said the committee would come to the Board as soon as it 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. 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 a request for settlement 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, Bhilding Inspector, and a gentleman who neglected to give his name, met with the Board. The: Chairman stated that the hearing of Monday, 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 Massachusetts 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 andside 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 house, a new addition, the building. Mr. Cummings ques on the property. Mr. Cataldo advised that there were two cars on the property when he came by this evening. Mr. Cummings said that was 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 there is one to the left of the and there is one to the right of tioned that there were two cars Cummings' hearing 514 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, 1961♦. 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 the 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. 1 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. Mrs Cummings asked if it was wrong to park a car on onets 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 what the Chairman meant that the building was a nuisance. He said the Board agreed that the Building Inspector would make an appointment with him and go over the propsrty 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. 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 declared 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 forth the facts before it reaches it reaches any conclusion. 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. l 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 theyfeel 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 Trust 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 closethe Town Office Building at noon on Thursday, Town December 24, 1961. Offices 51S Upon motion duly made and seconded, it was voted to adjourn at 11:10 P.M. A true record, Attest: 1 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 were drown for jury duty: Nicholas L. Durso, 5 Patterson Road, and Robert E. Baylis, 92 Adams Street. Mr.. Gray reported that the Accounting Department had requested a transfer of $400 for the purpose of a new long carriage typewriter, the old one haying broken dowry He advised that he had discussed the matter with Mr. 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 'the 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 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 year, he thought it could add the alternate part of the construction in the spring when money io available. He recalled that the original 51� a Jurors Transfer Transfer 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. MacInnes 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 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 street. 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 thejsidewalk 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 abon the streets that are going to be accepted 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 Emerson 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 roadcould 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's house. He said he felt the road should be lo- cated about as it is shown on his pien and stated the Town is more or less committed to this location. Mr. Sheldon asked if borings should be taken and Mr. Carroll replied if it is important, but he did not like the idea of changing the location of the road. He 9 I Streets z� 5 2 2 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. 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 noted and placed on file. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on December 21, 1964. At 8:00 the Board of spector, Nr. the Planning Board. P.M., Mr. Donald E. Nickerson, Chairman of Appeals, Mr. Donald K. Irwin, Building In - Arthur E. Bryson and Mrs. Natalie Riffin, of Board, and Mr. Lester York, met with the o23 Balances Minutes 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 welcomejthese 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 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. Thera 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 legal counsel, could the Board permit the variation for a third-class construction. He mentic:ned 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 1 1 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 bricking 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 outsidestorage. 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. Mrd 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 526 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 whatthey 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 ofthe building code. Mr. Sheldon said if evidence is to be obtained, it would be important to get an opinion from the Fire Department 1 1 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 not'ibe surmounted by good engineering. Mr.'Irwin said he agreed. This property will 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 informed 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 mrIch 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 or 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. 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 problemsfacing this are almost insurmountable, and if this is the case, they might as well stop where they are. Mr. York said he wouid 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 thi d 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 Chairman. said 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. Mts. Riff inrsaid 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 with the other company who wanted to put in a warehouse, and it was acceptable to other companies who are willing to come in and build 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 nkinutes. 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 CentrallB1ock and the Hunt Building. He asked if they a°e destroyed' and reconstructed, who could give them permission to have apartments on the third floor. Mr.Nickerson said they could not have apartments on the third floor. They could have two and a half stories with sleeping quarters, but cooking, no. He said if the buildings are completely destroyed, then they ave 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 build 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. Mr,. Nickerson said an addition would be subject to as if it were new construction. ThS group retired at 9:00 P.M. Hunt Block and Central Building 530 License Licenses Upon motion duly made and seconded, it was voted to grant an Innkeeper's license to Motels Management Corp., Inc.,.Battle Green Inca. Upon motion duly made and seconded, it was voted to grant the following Taxi Driver licenses, subject to satisfactory references being received from the Chief of Police: Henry W. Jenks, Joseph W. Miles William R. Callahan Bedford, Mass. Arlington, Mass. Lexington, Mass. Letter from the New England States Exhibition, in Dexington 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. Circus Memorandum from TMMA regarding reports of Advisory Committees on articles was held over to give Town Counsel an opportunity to read it. Mr. Gray reported on the Jaycees' request to hold a circus on Parker Field, and Mr. Cataldo said the question 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.. 1 5311_ 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 Moreland Avenue 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 showl.Eznerson 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 architedt 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 committee 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 Avenue 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 eomiittee 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. Mrs. Morey said the Board asked the committee to come in here two weeks ago toniht. She said she did not think they had the meeting they might have had. There 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 consensus 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. Viand 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. Fischer 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. land iThe n the ChairmansaidAvenueCareatand leans moreatime.nal Mr. Steele said the L1oreland 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 omwittee . 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-@oard know when it has something to report. The group retired at 9:40 P.M. MrJ Dean Nicholson, attorney for Mrs. Virginia Coleman, Wild Acre Inn, 50 Percy Roau, 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 thrt Mrs. Coleman is desirous of changing her Inn licensefrom 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 roams, 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. Littlewood, 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 rooms 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 Hou;ge. If thelicense were caanged, 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. 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. License, way. Mr. license, House. Mr. Sheldon said if the Board grants a Lodging House the only problem is to make sure it is run that Legro said if the Board does grant a Lodging House it should make sure they are operating a Lodging Sheldon said since she purchased it, she has been running a Lodging House. Mr. Legro said then she has been vithlating the Zoning 1 1 re �)e 55 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 Condoning 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 Eoard 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 School 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 s ould have in their planning considered this a library st dy room. Mr. ataldo said it is physically impossible to have this as a schothl library. Mrs. orey retired at 10:15 P.M. The airman said he would have copies of this letter sent to t Board and Town Counsel. 536 C77.".! 171 Upon motion duly made and seconded, it was voted 11to 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 k.M. A true record, Attest: