HomeMy WebLinkAbout1965SELECTMEN'S MEETING
January 4, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, January 4, 1965, at 7:30 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.
Mr. Legro stated he had an Order of Taking of the
alteration in the Woodhaven sewer, about which Mr. Carroll
spoke to the Board a week ago. He advised there were no
damages assessed in the original taking and there are no Sewer
damages assessed in this order. Order of
Upon motion duly made and seconded, it was voted Taking
to execute the Order of Taking of the alteration in the
Woodhaven sewer as prepared and submitted by Mr. Legro.
The Chairman read a letter from the 1775 Realty
Trust stating the position of the Trust relative to the
proposal of the Town to widen Massachusetts Avenue. He
said, basically, this is what the Board has been talking
about right along. He said in his letter to the Trust
it was stated that it was the consensus of opinion of the
Board. All Boards are not unanimous, and he thought this
is what the Trust is asking for.
Mr. Cataldo suggested that the communication be filed
for the record.
Mr. Legro asked what the Trust meant by abatement of
taxes pro rata.
The Chairman replied once the Town has taken over
the property.
Mr. Legro explained that the Board of Assessors is
the only Board that can abate taxes, and advised that
the Assessors should be brought into this.
Mr. Cataldo said the letter states the conditions
the Trust would like, but it does not mean the Board has
to accept them, and the Trust was told that the matter of
taxes is strictly up to the Board of Assessors.
Memorandum from Douglas T. Ross, 33 Dawes Road, rela-
tive to an even area exchange of land was held over from
the last meeting of the Board.
Mr. Cataldo explained that Mr. Ross wants to give
8500 feet of back land, which he indicated on a plan, for
8500 feet of front land, which he also indicated on a plan.
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The Chairman asked if an appraisal would show one
parcel to be worth more than the other.
Mr. Cataldo said there was no doubt about it, and
he could see no advantage to the Town.
The Chairman asked if this was a matter that should
be referred to the Planning Board for its reaction. He
said if the Board is interested, an appraisal should be
made of the two parcels.
Mr. Brown stated, before going tothe expense of
obtaining an appraisal, it is obvious that the front
parcel is worth more than the parcel in the rear.
The Chairman suggested getting the Planning Board's
reaction. (A copy of Mr.Ross' letter was sett to that
Board by Mr. Ross.)
Letter from the TMMA with reference to reports of
advisory committees on warrant articles was held over
from the last meeting of the Board. Copies of the
letter were sent to each member of the Board and to
Town Counsel.
Mr. Carl Blake, Chairman of the TMMA Executive
Committee, stated the attempt of the letter is to get
information to the Town Meeting members as early as
possible with the intent of having as informed a Town
TMMA re Meeting as can possibly be gotten. He said the associ-
Reports ation has submitted this questionnaire to all Town Meet -
on articles ing Members and listed the resolutions. It is urging
that the association receive the information at least
two days in advance. The second part is an attempt
to put a bit of a bite into it, in a sense, what do
they do if they don't get the reports in time. He said
the association hassuggestedthat it move to postpone
the principal motion relating to an article on which
there is new information or on information presented
during presentation of the motion; something on which
the Town Meeting Members have not had the time to con-
sider new data. He said this is the kind of thing
they are trying to face up to and to create a structure
that will do best service in getting individual action
from the Town Meeting. He said the principal advant8gee
would be the Appropriation Committee and the Capital
Expenditure Committee. It would also include the
Planning Board, Standing School Building Committee. It
could include all.
The Chairman asked if this could not be misused.
Mr. Blake replied anything of this type could be
misused. This altws them up to the extent to talk about
things that warrant being deferred a bit. He said some
of the association are concerned, particularly with the
Appropriation Committee's questioning glances. This
was true on the Town Barn article. He said he was sure
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the reasons are clear, but he would have felt better
if they had caucused a bit, and come back with a solid
front. He said he would like to see the meeting stopped
long enough for the people to determine whether they
proceed with the information they have or wait until
they have more information.
The Chairman asked if Mr. Blake wanted the Town
Meeting to adopt the resolutions.
Mr. Blake replied in the negative and stated they
were asking, as an organization, to adopt these as an
operating policy of the Town Meeting Members Association.
Mr. Hagedorn said he did not think any discipline
is involved. A11 tiny are asking is that the motion be
put before the Town Meeting to see what the thinking is
at that time. They thought it would be foolish unless
a majority of the Town Meeting felt this is worth adopt-
ing. He said his own feeling would be the discipline
could be taken a different way. If this seemed to be
a good thing, then it would be easy, if desirable, to
pass a Town By -Law which said something similar to this.
Mr. Blake said there is nothing that says they can't
make this motion anyway.
Mr. Hagedorn said it is a way of putting the finger
on someone to look at things.
The Chairman asked if they didn't think most infor-
mation has reached Town Meeting Members two days before
Town Meeting.
Mrs. Battin said not on Special Town Meetings. She
said this is a way to advise Town Meeting Members. They
would like time to think about the Board's advice.
The Chairman asked if the informational meetings
didn't serve this purpose. He said he and Mr. Gray had
some experience with other towns. The other towns do
not get anywhere near the information to the Town Meeting
Members.
Mr. Cataldo, in referring to the informational meet-
ings, said most of the reports are in by that night and
that more Town Meeting Members should attend these infor-
mational meetings. Many questions could be cleared up at
that time.
Mr. Hagedorn said he felt if the information were
available in advance of the information meetings, it would
be possible for people to formulate their questions and
ask them at that time. Things do change and there is a
lot of late information. Two days is really not enough.
Mr. Cataldo said he felt the information meetings
have the information and if more people attended them, it
would solve a. lot of problems.
The Chairman explained the Board is not opposing the
giving out of information in advance; informational meetings
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are a big heli. It gives the Board questions it may not
have thought of. He said the Board was not opposing any-
thing like this, but he could not see how it would help
the orderly transaction of business if it has to be two
days before.
Mr. Blake said it is not intended that this be hard
and fast. It is only a case where new information might
be brought up.
The Chairman said the Board is not against giving out
information if it has it, and that he could see this being
misused.
Mr. Blake said he could remember the time when the
Capital Expenditures Committee, on the floor of Town Meting,
discovered a lot of numbers relating to the High School for
the first time. The motion was defeated beacuse they
could give no information and appeared to be taken by sur-
prise. He said had this situation existed under these
rules, maybe the thinking would have been delayed and they
would have had an opportunity to weigh the figures that
appearned new.
The Chairman asked what the association wanted the
Board to say. He asked if it wanted the Board to say
it is in favor or it is not.
Mr. Blake said he would like the Board's opinion..
Mrs. Battin said at the last Town Meeting they did
not have a report of the Capital Expenditures Committee
inwriting, and the Town Meeting did not know how the
Capital Expenditures Committee felt about these things.
There are instances when it would have been nice to know
what they think about it. She said the Planning Board
report is never out at the informational meetings.
Mr. Cataldo said he agreed the more information the
Town Meeting Members have, the more inAelligently they
can vote, and suggested that if all the facts were con-
sidered instead of personalities, more could be accomplished.
He asked how the information would be distributed if the
reports were out two days.
Mrs. Battin replied it would be mailed to the Town
Meeting Members.
The Chairman asked by whom.
Mr. Hagedorn said he thought the two resolutions
were being confused at this time. For Annual Town Meet-
ings, the Capital Expenditures Committee and the Appropri-
ation Committee are required to get out reports. The
Planning Board is not required to do this.
The Chairman asked if the Town Report could be in-
terpreted as a report of the advisory committees. He
said there is information in the Town Reports that people
like to refer to.
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Mr. Hagedorn said that was a good idea.
Mr. Blake said he objected to the terms discussed. He
would rather make it permissive or some word between per-
missive and directive.
The Chairman said the Selectmen were not going to
be in a position to object to anything that would further
enlighten Town Meeting Members. He said there are other
elected Boards and the onus should be on them to get the
reports out. He said anything under the Board's control
it can see that the reports are out in two days, preferably
sooner.
Mr. Blake said he may have misimplied that he was
expecting a formal reply.
The Chairman said this is on the agenda tonight and
the Board can formalize a reply which it is.
The Chairman read a letter from the Conservation
Commission relative tothe acquisition of a portion of
the land referred to as "Swenson's Farm", requesting the
insertion of an article in the warrant for the March
Meeting.
The Chairman asked how the Board felt about keeping
the warrant open.
Mr. Cataldo said, for the record, he would disqualify
n.imself. .
Mr. Brown said the Commission has advised the Board
of its intent and the warrant should be kept open.
Mr. Burnell said this is simply providing a place
in the warrant for the article.
The Chairman said he was in favor of having an article
in the warrant, but he was not disposed to favoring it.
Mrs. Morey asked, if the land were taken for conser-
vation purposes, it could be used for a school site.
The Chairman replied thrt, in order to be reimbursed
by the State, he understood it has to be taken for conser-
vation purposes.
Mrs. Morey said the School Sites Committee has land
across the street and will have an article on it. She
advised the Board to keep this in mind in discussing this
with Mr. Sussman.
Mr. Cataldo asked if the Committee was not consider-
ing more land in the Moreland Avenue site.
Mrs. Morey said they were going to discuss this. The
Cotton land is being considered for a future high school
and if the Board favors the Swenson land as Town property,
maybe it should allow for a school on that site.
The Chairman asked if the committee would be willing
to drop the Cotton land.
Mrs. Morey replied she was saying, let's negotiate.
Conser-
vation
article
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The Chairman asked if the Cotton land was any nearer
a solution.
Mrs. Morey replied not amicable.
The Chairman asked if the Board would like to have
the Conservation Committee meet with it neat week, and
it was so agreed.
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board at 8:00 P.M. and reported on three bids
received on the warning system. He explained that the
Warning low bidder was the Edwards Company, manufacturer of the
system bid equipment which was bid in the three bids. He recom-
mended that the bid be awarded to the low bidder.
Mr. Brown asked if Mr. Burrell was asking for bonding.
Mr. Burrell replied in the affirmative, for the amount
of the job. He said, as he understood it, this requires a
contract to be drawn by Town Counsel.
The Chairman asked if Mr. Burrell wanted to approach
Town Counsel on this or if he wanted the Board to.
Mr. Burrell replied this is a new area to him and
the Selectmen are the awarding authority.
Mr. Cataldo asked if the Town had to live up to any
Federal specifications in the method of awarding in order
to be entitled to matching funds.
Mr. Burrell replied the bills are paid by the State
and the Federal government has already forwarded the money
to the State. He will forward the bills to the State for
payment.
It was agreed that Mr. Burrell should obtain a stand-
ard form of contract from the Superintendent of Public
Works, work out a contract and submit it to Town Counsel.
Upon motion duly made and seconded, it was voted
to award the contract to the low bidder, the Edwards
Company, at its quotation of $22,745.00.
Mr. Burrell retired at 8:21 P.M.
Mr. Carroll said the main item he would like to discuss
is the streets, so notices can be sent out.
It was agreed to hold hearings on proposed acceptance
of the following streets: Cutler Farm Road, Hudson Road,
Melrose Avenue, Columbus Street, Bennett Avenue, Chase
Avenue, Grandview Avenue, Wright Street, Bruce Road and
Skyview Road.
The Chairman said the Board was making a preliminary
approval of an expenditure of $79,100 but it would depend
on the hearings.
Mr. Carroll advised that he would like permission to
promote Warren Empey, W-3 equipment operator at $2.43 an hour
to W-6 Step 3, foreman, at $2.55 an hour to fill the vacancy
caused by Mr.Frederick Maloney's death.
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Upon motion duly made and seconded, it was voted
to grant Mr. Carroll's request.
Request from the Metropolitan Building Movers Co.,
for permission to move a house to 15 Webster hoed, was
held over from the last meeting.
Mr. Carroll reported the location includes Pleasant
Street, but the building should not go on Pleasant Street.
He said it should go on private property. He has dis- Permit
cussed the subtlect with the mover and he will arrange to
move the building outside the boundary of Pleasant Street.
Upon motion duly made and seconded, it was voted
to grant the Metropolitan Building Movers Co. permission
to move a building to 15 Webster hoed, subject to Mr.
Carroll approving the proposed route.
The Chairman read a letter from the Lexington Rotary
Club requesting the Town to assume the responsibility of
putting up and taking down the Creche on the Common each Creche
year
Mr. Carroll reported there is no problem, and it would
be easier for the Town to handle this.
Upon motion duly made and seconded, it was voted
to have the Park Department assume full responsibility
for erecting and removing the Creche on the Common each
Christmas; the Lexington Rotary Club to assume responsi-
bility for maintenance and necessary replacements.
The Chairman read a letter from Mr. Carroll proposing
a change in the Plumbing By -Law to make it mandatory that
all new homes connected to public sewers be required to Garbage
install garbage disposals. disposals
Upon motion duly made and seconded, it was .voted
to forward the subject to the Standing Plumbing and Build-
ing By -Law Committee for study and recommendations.
Mr. Burnell said he would like to talk about the
changes in the T wn By -Laws, and said he was asking the
Board for its recommendations or approval of the General
By -Laws as they apply to the Public Works Department. General
Mr. Carroll referred to page 7, section L. He By -Laws
said there is now more than one Town Office Building
and so he assumed this should be plural. He referred
to section 6 and said the question is whether or not
this particular section should be enlarged to include
other offices to be kept open eight hours a day. He said
it does not say the Public Works Department and does not
include the various offices that occupy the Town Offices.
Mr. Cataldo pointed out Civil Defense is half a day
and the Police are twenty-four hours a day.
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Mr. Burnell asked if the Boardis interpretation was
that the Board of Selectmen included the Department of
Public Works.
The Chairman replied all those offices under the
Board of Selectmen.
Mr. Legro advised there is a statute requiring certain
offices bo be open eight hours a day unless otherwise pro-
vided by Town By -Law. He said he thought this particular
section of the By -Law intends to provide it.
Mr.Burnell, a member of the committee, asked if the
wording "offices of the Board of Selectmen" included all
other departmants under the Board such as the Public Works,
Engineering, etc., or if they had to be specified.
Mr. Legro replied he would suspect it was intended to
use all the various departments when it was written. He
thought the purpose was to keep certain offices, that pro-
vide service to the people, open during specified hours.,
and the Public Works Office is not necessarily in that
category. He said the question comes, does the Board
want to broaden the By -Law.
The Chairman said his answer was to broaden the By -Law.
Mr. Legro advised that the Board, as Selectmen, can
control this without making a hard and fast by-law.
Mr. Cataldo felt it should not be tied down that tight.
He said the Board of Selectmen could see that the pbblie is
served anyway.
Mr. Carroll referred to page 8 and said at the top of
the page he had a question regarding a suitable place for
free dumping. The question, he said, is whether or not
the word "free" should be taken out of there and make it
public dumping because the Town does charge commercial
vehicles for dumping.
Mr. Legro said the permit is more a regulatory matter
to control the commercial trucks.
The Chairman asked if it would clarify it if the
word "free" were taken out.
Nr. Legro replied he did not think so. The permit
is regulatory and if not, the Board has no right to charge.
Mr. Carroll said he thought it would be well to take
the word "free" out of there.
The Chairman said future Boards can charge this if
they want to.
Mr. Legro said the Board can recommend to Town Meet-
ing.
It was agreed to leave the word "free" in.
Mr. Carroll said section 1 and section 2 are obsolete
and recommended that both do not belong in the General
By -Laws. He referred to section 2 and said the Board should
adopt rules and regulations that require the property owners
to pay the entire cost of the water service from the main
to the house.
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Mr. Legro suggested a covering paragraph - water mains,
a provision for the extension of water mains and that the
Selectmen shall, upon petition, extend water mains in
such accepted or unaccepted streets in accordance with
rules and regulations adopted by the Board of Selectmen
in effect at the time of the petition. He said the
committee should make sure and not take out a By -Law
that is required by statute.
It was agreed to take these two sections out and
to substitute a new section.
Mr. Carroll referred to page 15, article 12, which
refers to the removal of snow and ice in Lexington Center.
He said since this description was written, there have been
some changes and he thought these should be taken into
consideration in writing the By -Law.
The Chairman said it should include all areas.
Mr. Carroll referred to the secti n on coasting and
skating and said in his opinion that secti n should be
deleted and should just prohibit sliding andskating on
any strut in the Town.
Mr. Carroll referred to section 52, page 20, with
reference to excavations in streets. He asked if this
type of paragraph should refer to the Selectmen or authorized
representatives.
Mr. Legro said that he thought this was implied. Hd
did not think they could be specific in a general By -Law; the
questionoof whether it will be delegated does not have
to be specified in the By -Law.
It was agreed not to include "authorized representa-
tive".
Mr. Carroll retired at 9:07 P.M.
Upon motion duly made and seconded, it was voted
to approve bond on behalf of Julian Roberts, Deputy
Collector, No. 65627, in the amount of $5,000 for a
period ending December )1, 1965; bond having been ap-
proved by the Commissioner of Corporations and Taxation.
Upon motion duly made and seconded, it was voted
to accept the bid of Somerville Printing Company of $5.65
perage for 700 copies of the 1964 Annual Town Report Bid
and $$4.05 per page for 500 copies of the School Depart-
ment report.
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Bond
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on December 28, 1964, as amended.
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Li cense
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Joseph A. Costa
Franklyn J. Crosby
Don A. Eriksson
James E. Cosgrove
Kenneth P. Kelley, Jr.
Rolfe H. Bryant
Donald F. Bryant
Henry W. Jenks
Joseph W. Miller
William R. Callahan
Countryside Fish & Chipe
Anthony's Restaurant
Five Forks Service Center
Meredith Foods Inc.
Mawhinney Motor Sales, Inc.
Concord Hill Market
Auto Engineering Inc.
Dunn Ford Sales Inc.
Colonial Garage Inc.
Rowe Chevrolet, Inc.
Wild Acre Inn
Taxi Driver renewal
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Lodging House]. n
The Chairman said, in the matter of Wild Acre Inn,
he had the Building Inspector make an inspection.
Mr. Gray reported there are nine rooms available
for lodgers. The other rooms are for the family and
the handyman. There are four on one floor and five
on the other. There are two lodgers there now.
Upon motion duly made and seconded, it was voted
to sign the Lodging House License approved last week
for Virginia Coleman, d.b.a. Wild Acre Inn, 50 Percy
Road, Lexington.
Telephone call was received from Mr. Gordon Steele,
Articles Chairman of the School Sites Committee, advising that
his committee will have two articles for the March Town.
Meeting.
Upon motion duly made and seconded, it was voted
Town Meet- to hold the Annual TownNeeting on Monday, March 15, 1965,
ing at 8:00 P.M.
Mr. Gray stated last year there was an item on the
ballot for the Town to pay a percentage of the Blue Cross
and Blue Shield for retired employees. Everyone was
under the impression this covered all the retired em-
ployees, but it did not cover thoseeretired before 1959.
He said he felt it was the intent of the Town Meeting to
include all retired:employees and asked if the Board
wanted to request a ballot vote to cover employees re-
tired prior to 1959.
Upon motion duly made and seconded, it was voted
to place the question on the ballot to enable Town em-
ployees retired prior to 1959 to participate in the
Town's Blue Shield -Blue Cross program.
The Chairman asked Mr. Gray about a referendum on the
ballot regarding a Leash Law.
Mr. Gray reported he could find nothing in the statute
that covers a leash law. The Town can make By -Laws con-
cerning licensing and restraining dogs. If something
were placed on the ballot, it would be an expression of
opinion only.
The Chairman said the Town passed a referendum
article several years ago that nothing would be put on
the referendum unless it was passed by Town Meeting and
asked if this law would have any effect on the Board's
ability to put in a referendum.
Mr. Legro advised it is very unusual to have a re-
presentative Town Meeting and then put a question to the
Town at large.
The Chairman said this would be put to the Town
before the Town Meeting met.
Mr. Legro asked if he meent for the purpose of
creating a By -Law.
The Chairman replied in the affirmative.
Mr. Legro advised this is not the way to do it. He
said if the Board wanted a By -Law, it would pass a By -Law
at the representative Town Meeting. He explained the
purpose in the referendum is to keep the law -making body
within the representative Town Meeting.
The Chairman asked if the Board felt it should have
an article in the warrant for a leash law.
Mr. Cataldoasked if this could go to referendum for
an expression of opinion..
Mr. Legro said he would not say the Board couldn't do
it, and if the Board wanted to put the question, he would
give it some consideration and give the Board an answer.
The Chairman said the Board has been discussing this
for a while and the Board wants some way to present it to
the people at large, and as Town Counsel has indicated, the
proper way is before Town Meeting. If they pass it, fine,
then it could go to referendum.
Mr. Legro said, if it passed.
The Chairman said the question is, does the Board want
to include an article in the warrant.
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Blue Cross
Blue Shield
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Mr. Cataldo stated the Board is more or less committed
to some form of action. He explained his thinking on the
referendum was it would give an indicationof the peoples'
feeling and the Town Meeting Members would act accordingly,
supposedly. He said regardless of the referendum, the
Board would have to put an article in the warrant.
The Chairman said this would be to amend the By -Laws
of the Town requiring all dogs be leashed.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant to amend the General
By -Laws to include a Leash Law.
Mr. Brown vas recorded in opposition.
The Public Facilities Building Committee met with the
Board.
Mr. York said his committee wants to have a meeting
before the end of the week, before the warrant closes. It
is the committee's purpose to go on with its plans so it
may go ahead with this building. The committee has bean
supported very well by all the Town Boards, and the Town
Meeting Members have voted in favor of going ahead with
this plans. He said the committee would like to enter an
article in the warrant before Friday when it closes which
will request funds to build this building. He said he
called the Chairman of the Board today who thought it was
a matter to discuss with the Board.
The Chairman said there are a lot of things that
will cost a lot of money. It is a question of which
comes first. He felt this was an article that could
he postponed for a year.
Mr. York said he thought he spoke for the committee
Public and it would like to see the article in the warrant and
Facilities if need by, at the time it could be postponed. He said
Building if it is not in the warrant, a whole year will be lost
plus a year for construction, and this is two years.
He said the tentative figure is $38,000 for the building.
A builder.. in Town will build it at his cost which means
this figure has a 10% plus a 5% profit in it.
Mr. Cataldo asked if the committee was discussing
the building or inserting an article.
The Chairman replied the Board would insert an article
if the committee requests it. He doubted if the Board
would back it up because it wants to concentrate on get-
ting Massachusetts Avenue widened this year.
Mr. York said the widening of Massachusetts Avenue
might be defeated at Town Meeting.
Mr. Kolovson asked if the Selectmen would give this
some backing if the funds were not requested for another
year. If approved, it would at least get them by the
General Court.
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The Chairman said the committee could not build it
without funds.
Mr.Kolovson said they would not begin for a yea'.
Mr. Cataldo explained funds would have to be appropri-
ated and a future Town Meeting could not be committed. He
said oth r than the funds, there are a lot of questions he
felt are unanswered yet, regardless of the Center. He
said one of the Board's main concerns is the location.
Another concern is what pert the Chamber of Commerce will
have in this. What will the Town's responsibility be
once the building is built. What are the actual plans for
the building. He said these are things the Board would
like to know.
Mr. York explained there is an architect working on
definite plans now. The Chamber of Commerce is to man
the building twelve months out of a year for so many hours
a day. There will be someone at the information booth.
Mr. Cataldo asked if the Chamber's position would be
information and not maintenance.
Mr. York replied they will have nothing to do with
the maintenance.
Mr. Cataldo asked if there would be any cost to the
Chamber of Commerce.
Mr. York replied the Town will have the cost of the
maintenance: The Park Department takes care of the toilet
sections that are there now. This would be a full year's
program. He said, tentative figures, janitorial ser-
vices would be about $1700 as a part time job.
Mrs. Morey said when this comes up, there should
be an appropriation for building, but there must be a
definite figure. She said she was concerned about
submitting the article. She said she felt this should
be reported back to Town Meeting. If it seems advis-
able to table it, it can be done that wdy. She said
the committee has an obligation to present a complete
picture to the Town Meeting. If it is tabled, it is
tabled. If it is voted, it is voted.
Mr. Cataldo asked if the article would carry speci-
fic location.
Mr. York said the Battle Green area is the termin-
ology used in the past. The committee has agreed on
the location nearer the present barn.
Mr. Cataldo said the Selectmen were a four to one
vote against that location.
Mr. Kolovaon said he thought it was the sense of
the Board that if the committee came in with a unanimous
recommendation, the Board would go along with it.
The Chairman said that was his statement. The
ability to police the building depends on the location.
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Mr. Cataldo said the Board asked for a layout of
access to the proposed location.
Mr. York said that was given to the Board on the
second plan.
Mr. Cataldo said this was not actual and he had
asked what the distances were from the street.
Mrs. Morey said everything like this has to be
prepared for presentation.
The Chairman said the committee wants an article
and personally, he was willing to put the article in
the warrant without committing himself to endorse it.
Mr. Cataldo said the entire Board was willing to
insert an article.
Mr. Cataldo said the Traffic Study Committee was
asked for an opinion.
Mr. Gray said there was a minority report by the
Chief and Superintendent of Public Works that the first
choice of location as proposed by the committee would
create a tra ffic problem. The committee, however, was
asked to report on the traffic only.
Mr. Burnell said it was felt that the building
should be placed near a parking area. He said the build-
ing is placed so it serves a purpose for the out-of-town
visitors and the convenience building for visitors here
looking at the historical areas, and also placing it
from an aesthetic standby and to prevent closing in on
the Green.
Mr. Kolovson said if the Board is going to oppose
location #1, no one wants to go to Town Meeting where
the Board of Selectmen is opposed.
The Chairman asked if there was any more difficulty
in policing one area than another. He said it would
appear to be easier to police a building nearer the
street.
Mr. Cataldo said he recalled that Mr. Sheldon was
very definitely opposed to the#1 location.
Mr. York said the Historic Districts Commission,
off the record, expressed a strong feeling against the
area near Meriam Street. The Commission does not want
a building between Meriam Street and Buckman Tavern.
The Chairman said the Board had right now resolved
the basic thing, to put an article in the warrant.
Mr. Cataldo said at the last meeting held on this
subject, the Board voted four to one in favor of site #2.
Mr. York said the committee's instructions from the
Chairmai of the Board were to get together on his com-
mittee and the Board would back it up.
Mr. Brown said site #1 may be fine next year, but
ten years hence, it could be a problem. He said he
agreed with Chief Rycroft.
fb51
Mr. Cataldo pointed out the further back any building
is placed, the better it looks.
Mr. York said his committee had accomplished what
it wanted, to get an article in the warrant, and he would
talk to the Chief relative to traffic control.
The committee retired at 10:00 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 discussion with Town Counsel pertaining
to the Law Department, it was voted to resume the open
meeting.
At 10:55 P.M. the Planning Board met with the
Selectmen.
The Chairman asked if the Board had discussed the
combination zoning of the properties on Massachusetts
Avenue so the third floor could be used for apartments.
Mr.Bryson, new Chairman of the Planning Board,
replied in the negative. He stated Mr. Gray asked Bar
Zaleski to poll the Board. He and Mr. Greeley felt they
would like to think about it a little longer.
Mr. Greeley said he did not like it and would like to
be convinced it is necessary.
The Chairman said the 1775 Trust cannot build a
three-story building.
Mr. Greeley asked, until plans are made for the
Center, why the Board should plan for a three-story
building.
The Chairman said anything to do with the Center
entails widening Massachusetts Avenue. Ix order to
go through with the deal at all, they have to have in-
come from apartments on the third floor.
Mr. Bryson said they could say so, but it does not
make it so. He said it seems it is possible to put up
a two-story building and make it feasible.
Mr. Cataldo mentioned that this piece of land has
to pay for itself. He said 15,000 square feet of
building, two stories, will give 75% of the income of
three stories. Their basic cost will be there anyway.
Theyeould put up a three-story building, have stores
on the first floor and offices on the second and third
floors.
Mr. Bryson agreed.
Mr. Cataldo asked why they couldn't have apartments
on the third floor instead of offices. He said the
Trust feels it is economically impossible to support a
two-story building.
Mr. Meyer said he wanted to see Massachusetts Avenue
widened, and asked if it is less economical to have offices
on the third floor than to have apartments, should the
Board recommend a change in zoning in a whole area or pay
the extra money. He said if the zoning is changed, it
will not be for this one building.
Mr. Cataldo said if this does not happen, both build-
ings will stay.
The Chairman said one of the Trust's prerequisites
is that it remain the same use.
Mr. Cataldo said the building would look no different
if they had three stories of offices.
Mr. Campbell said the Chamber of Commerce met with
the Planning Board and the Board will go along with an
overall plan, either 701 or a private plan.
Mr. Cataldo pointed out that the unfortunate thing
is, the]eases expired January 1 on the Hunt Block. They
don't want to wait for the Board to go into Town Meeting
for -a survey of the Center.
Mr. Bryson said they could sign a one-year lease.
Mr. Cataldo said the present occupants may, but the
Trust has some good potential people coming into the
building and they don't want to lose them. They have
two good outfits who want to come into the existing block.
Mr. Bryson asked if the Board didn't think it would
lose the other issue on Town Meeting floor by getting this
one.
Mr. Cataldo said he felt the new study to be made
will be for the complete overall study.
Mr. Greeley said these people must have third -floor
apartments to break even, but every building in the Town
has been made of two -stories and they seem to be making
out all right. He said it does not seem this fact is
one that must be accepted. A request has been made for
a preliminary study and he thought the result of the study
will be more reliable than the owners of the property who
would like a three-story building.
Mr. Cataldo said the damage cost tothe Town would
be greater limiting them to a two-story building.
Mr. Campbell asked why the damages would be so much
greater, and Mr. Cataldo replied because of the loss of
the third story. They feel they can rent the third
floor as apartments but no offices.
Mr. Bryson said he doubted very much if Town Meeting
would go along with what the Board heard here last week.
The Chairman asked if he bought the fact that Massa-
chusetts Avenue has to be widened.
1
Mr. Bryson said he did, but he had a certain price.
The Chairman asked if he would go along with taking
the property by eminent domain and taking a chance in the
court.
Mr. Bryson replied he might.
Mr. Cataldo asked on what basis he felt the price to
be too high.
Mr. Bryson replied it seemed the Town was paying
damages for a whole building.
The Chairman said they can keep the building the way
it is and use it the way they plan to.
Mr. Meyer pointed out that putting an article in the
warrant for a change of zaing does not assure that it
will be passed. He said if the Board went ahead and
worked out some change in the C-2 zone, he thought it
would then be wise to negotiate with these people on the
basis of its passage or failure to pass.
Mr. Bryson said he was not saying the Planning Board
is against this, but it would like to think about it and
not make a decision in five minutes.
The Chairman said he was under the impression the
Planning Board had information.
Mr. Bryson explained that the Planning Board heard
about it and not make a decision in five minutes.
The Chairman said he was under the impression the
Planning Board had information.
Mr. Bryson explained that the Planning Board heard
about it last week and has not met until this evening,
and he would like to see a summary of the statements the
Chairman made tothe Board verbally.
Mr. Cataldo said there is a time situation almost
unlivable and suggested that the Planning Board might get
together other than at a scheduled meeting.
Mr. Bryson said they would try.
Mr. Greeley asked why the time issue was so critical.
If this is not acted on at this Town Meeting, what happens.
Mr. Cataldo explained the Trust will improve the
building, and signing of leases is important. The Board
has them at the point now where they are interested in
co-operating.
Mr. Greeley said but not inter:sted enough to wait
for the Chamber of Commerce study.
Mr. Cataldo said there is no guarantee that any owner
will accept it.
Mr. Greeley said if these people could wait for the
plan, it might be advantageous all the way around. The
thing has been status quo for thirty years. Now the
owners decide there must be a decision made. He said
the situation, it seems to him, is one where it has been
j00
554
tz
ol
a profitable operation for thirty years and could stand
it for one more. He suggested that perhaps two-year
leases could be signed.
Mr. Cataldo said the Board is trying to get a fair
deal for everyone concerned.
Mr. Greeley said it was not fair to the Town to try
and commit it in a hurry at the same time it is embarking
on a co-operative study to see what can be done. He said
he was talking about a zoning change and this is asking
the Planning Board if it wants to make a complete reversal
of its thinking without advance study.
Mr. Meyer mentioned that Town Meeing voted to elimi-
nate residences from C-2 areas.
The Chairman said the existing uses are nonconforming.
Mr. Meyer said there are two principles colliding
more or less headon. If he felt this was necessary to
insurethe widening of Massachusetts Avenue, at any reason-
able cost, he might well backtrack on apartments with
proper safeguards to see Massachusetts Avenue go through.
He mentioned the possibility of proposing an article for
the March Meeting and pointing out the zoning change re-
quires a two-thirds vote and see if negotiations can be
carried on whether the change passed or did not pass.
He said he would rahter pay $50,000 more for a building
and not have apartments.
Mr. Bryson said he did not feel he had all the facts,
and it seemed to him so far that the Town is taking the
brunt. He said obviously it is to the advantage of the
merchants to improve their property.
Mr. Meyer said he would like to propose an article
that would make no commitment on the Boardts part and he
thought that he would like to discuss this as a Board.
Mr. Gray gave the Planning Board prepared information
which had been compiled for the Selectmen.
Mr. Greeley said he thought there should be an
article and also thought it should be pretty well tied
up so there are small apartments and discourage apart-
ments large enough for family apartments.
The Chairman said if the Planning Board could meet
and come up yrith some sort of an answer, Mr. Zaleski could
let Mr. Gray know.
The Chairman asked if the Planning Board was going
to have an article on Spring Street.
Mr.Bryson replied in the affirmative, and Mr. Greeley
advised that there will be a petition.
The Planning Board retired at 11:25 P.M.
The meeting adjourned.
A true record, Attest:
a�e iv lerkt. Selec .,ken
w ;:-. -
ty )
SELECTMEN'S MEETING
January 11, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, Janua y 11, 1965, 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.
Letter was received from the Boston Edison Company
and the New England Telephone and Telegraph Company re-
questing "leave to withdraw" their joint petition for
installation of two poles on the northerly side of Pole peti-
Aerial Street. tion
Upon motion duly made and seconded, it was voted withdrawn
to grant the request.
The Chairman read a letter from Governor Endicott
Peabody relative to the functions of the Commonwealth Economic
Service Corps in the Federal Anti -Poverty Program. He Opportunity
requested that a copy be mailed to each member of the Act
Board.
Letter was received from the Town Clerk advising
of Nathan B. Ricker's resignation as a member of the
Board of Appeals.
Letter was received from the Board of Appeals sug-
gesting appointment of Munroe Hamilton. Board of
Upon motion duly made and seconded, it was voted Appeals
tQ appoint Munroe H. Hamilton, 66 Robbins Road, an
A sociate Member of the Board of Appeals for an unex-
pired term lending March 31;1965.
Upon motion duly made and seconded, it was voted
to certify the character of Kenneth J. Draper, 21 Taft Cert. of
Avenue, who has applied tothe State for a Certificate Inc.
of Incorporation, satisfactory character references
having been received from Chief Rycroft.
Upon motion duly made and seconded, it was voted
to certify the characters of John M. Doukas, 114 Dedar
Street and Burton L. Williams, 17 Dane Road, who have
applied to the State for a Certificate of Incorporation,
satisfactory character references having been received
from Chief Rycroft.
6
Licenses
It
mp
Oermits
Notices of
Intention
Minutes
Vacation
MDC sewer
charges
Chapter 90
Upon motion duly made and seconded,
to grant the following licenses:
George R. Reed & Sons, Inc.
Minute Man Restaurant
Robert E. Fogg
Robert J. Jackson
Paul M. Perry
Angus M. McIver
James Marchese
it was voted
Common Victualler
xl rl
Taxi Driver
rt e
n
11
11
11
11
11
Upon motion duly made and seconded, it was voted
to grant the following individuals Yearly Dump Permits:
P. Lawrence DiRusso - Nelson F. Fleming - Raymond Mercier
Upon motion duly made and seconded, it was voted to
sign Notices of Intention to layout the following streets:
Albemarle Avenue
Skyview Road
Frost Road
Saddle Club Road
Todd Road
Turning Mill Road
Bruce Road
Cutler Farm Road
Hudson Road
Columbus Street
Bennett Avenue
Chase Avenue
Melrose Avenue
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on January 4, 1965.
Mr. Carroll reported that one of his employees in
the Water Department, Miss Blanche Richards, would like
to take three weeks vacation, one without pay, from
February 4, to March 2 or 3. He asked that the Board
act favorably and said it would not interfere with the
operation of the department.
Upon motion duly made and seconded, it was voted
to approve three weeks' vacation, one without pay, for
a period from February 4 until March 2 or 3.
Letter was received from the MDC Sewerage Division
regarding future sewer charges to the Town, a copy of
which had been mailed to each member of the Board.
Letter was received from the State Dep.rtment of
Public Works relative to Chapter 90 allotments for
construction and maintenance in 1965.
Mr. Carroll advised the amounts are the same as
in 1964 and the communication was placed on file.
Form letter was received from Edward Brooke,
Attorney General, relative to action filed in the
United States District Court against four salt com- Rock salt
panies for al]ged price fixing. Request was made prices
to preserve all records, correspondence, checks and
vouchers relating to rock salt bids or purchases.
Mr. Carroll stated he is having the information
compiled.
The Chairman read a letter from Mr. Duncan, Treasurer
of the Lexington Savings Bank, requesting additional
illumination of the passageway between Massachusetts Savings
Avenue and the municipal parking area. Bank
Mr. Carroll reported he looked at the situation and passageway
he thought the Boston Edison Company should look at it.
He explained it would involve shifting an underground
connected line on Massachusetts Avenue to bring it in
line with the alley and this could be very expensive.
He said apparently the light at the end of the parking
lot is not meeting the Savings Bank's requirements, and
possibly a light half way down would suffice. He said
he would like to discuss the subject with the Boston
Edison and report next week.
Mr. Gray reported he received a letter from Rev.
Father Casey requesting aid from a trust fund for the Trust
Talbert family, nine children, 33 Mellex Road. Fund
Upon motion duly made and seconded, it was voted
to request the Trustees of Public Trusts to consider
financial aid to this family from one of the Trust Funds.
Mr. Gray reported that Mr. Gordon Steele, Chairman
of the School Sites Committee, informed him that there
is a possibility of Federal aid for the purchase of land
for school sites which would amount to about 30%, but School
would require an article in the warrant similar to the Sites'
article passed in June, 1964, for the Conservation Com- article
mission. Mr. Steele would like to have an article in
the warrant. Mr. Gray said he thought it would be
worthwhile.
The Chairman said a space could be reserved and
the subject investigated further.
Mr. Cataldo explained that an article could be in-
serted and if the result is that the Boadd does not want
to act on it, it can be indefinitely postponed.
558
Meeting
Conservation
Commission
Swenson
Farm
The Chairman said the Board would meet at 9:00 A.M.
Saturday morning to determine what policy it will adopt
on salaries.
Mr. Cataldo su g;ested that the Town Barn Study Com-
mittee should be activated.
Mr.Carroll retired at 8:00 P.M..
Messrs. Ells, Richey, Ripley and Sussman, of the
Conservation Commission, met with the Board.
Mr. Cataldo disqualified himself for the record
and abstained completely from any discussion.
Mr. Ells presented a plan entitled "A Compiled
Plan of Land" Lexington, Mass. Scale 1" = 100', April 16,
1964, showing land formerly owned by Swenson and now
coned by Mr. Anthony Cataldo.
Mr. Ells explained the committee has been trying
very hard to determine what course it should follow in
proposed land acquisition for the Town. It realizes
the tax burden on the Town and also the burden being
placed on the Town because of increased population. The
Commission is trying to find what amount of open land the
Town will need, and the best figures are the Town will
be developed in twenty years with 48,000 to 50,000 popu-
lation. At that time, the Planning Board recommended
that the Town have 1500 acres of land in open space.
At present, there are 750 acres of open space. This
leaves 750 acres of land to acquirewwithin the next
twenty years because at that time the land in Town now
will be filled with houses and it will be impossible to
tear them down to make a park. The Commission feels
it is wise to try and get as much of this acquisition as
early as possible because each year the land values go up.
It is suggesting that the 750 acres be acquired within
the next ten years. This would make a land acquisition
goal of seventy-five acres a year. He said the Commission
would like guidance on this. He said as far as they can
see, this is what they have to work on now and it is valid.
The Commission would like to provide in each area of the
Town, within a reasonable distance of each neighborhood
section, a substantial amount of natural area so people could
enjoy the environment of a rural type because that is why
the people came to Lexington. It would also like to con-
nect these areas so one could travel from one to the other
without having to go through a back yard.
Mr. Ells said this particular piece is 80 acres bounded
on the north by Marrett Road over which 5,000 cars a day
travel. It is bounded on four sides by streets, providing
immediate access and it is next to a school site. He said
1
it is an area with high dry land and with meadow land,
maybe shooting for an arboretum. It has a stand of young
pine, wet land area which will prevent flooding down
stream. He said it has many advantages which the Com-
mission has considered not only as one of these substantial
areasyin the overall plan, but as a parcel in itself.
he Chairman asked what the Commission considered
open space.
Mr. Ells replied almost anything; the Battle Green in
the.Center is open space. He said open space land can
be not valuable at all for public recreation; a dum is
open space, but when there is a piece of land that can
be used and seen by the passing people, it is valuable
open space.
The Chairman said the Commission is recommending
seventy-five acres a year for ten years, and asked if
that was correct.
Mr. Ells replied this is the sense of what the
commission feels the Planning Board has recommended. It feels
this is a goal to shoot for and to do w hat the Planning Board
thinks is good for Lexington, He said the opportunity for
acquiring this land will pass at the close of ten years, and
once the houses are built, the land will not be turned back
into Little League fields or anything else. Ile said the
judgment must be made within this next decade.
Mr. Sheldon asked, if the Town voted the entire amount,
how sure could it be that 50% aid would be available.
Mr. Ella said the Commission hopes to be absolutely sure,
and expects to have definite approval before Town Meeting.
He said it hopes to obtain final approval; if not with the
State seal, at least a reading. He said if the final approval
for State aid does not come through and the Town Meeting voted
it, the Commission would think long and hard before acquiring
a parcel of land under these conditions.
Mr. Sheldon said the article would have to be drawn in
case the money did not come through.
Mr. Ells atated the money has to be appropriated by
the town.
The Chairman asked if there was a possibility that less
than 50% would be forthcoming.
Mr. Ells replied the Commission will have the information
before Town Meeting. He stated it is selling for about $2900
or $3000 an acre, and with State Aid, it would be $1450.
Mr. Brown asked if the Town would be reimbursed in one
year or over a period of years.
Mr. Wlls replied the Federal reimbursement would be the
first year. The State aid may be a budget item covering more
than one year. The Commission is meeting on the 21st to
discuss this. He said he understood State Aid would come
through over a period of time and not one year.
The Chairman asked where the State gets this money.
Mr. Ells replied he believed it is undersignated tax
funds, plus a bond issue.
The Chairman asked if negotiations in this matter
were started by the Conservation Commission.
Mr. Elis replied in the affirmative.
The Chairman said across the field is Judge Cotton's
land under negotiation. He asked if this were acquired,
could twenty acres be set aside for a school site.
Mr. Sussman reported a call he received from Mr. Gordon
Steele, Chairman of the School Sites Committee, on this and
told him the Commission would take a look at the land
immediately in regard to topography. He said they found
the high gravelly land most suitable for school sites on
this eighty acres, is right next to the Franklin School.
He said if they could find land next to it, it would
be better to enlarge the area. He said Federal aid
to about 20% is available for school sites purposes
for that part of the school site without blacktop or
concrete on it. He stated if the land is acquired
under the Conservation Law, it cannot, without going
through further motions, be' used as a school site.
The Chairman stated the Board has voted to insert
an article in the warrant, as requested by the Commission,
but this in no way commits the Board to supporting it.
Mr. Sussman said that was correct. He said there
was another article the Commission was thinking of but
it decided it was best to concentrate on this article
only at the present time. However, it will come in
the form of two articles; One for the appropriation
of the fund, as it was at the last Town Meeting. He
said he would try and take the two articles up together
so Town Meeting will not be asked to:appropriate money
to the Fund before it decides on the land.
The Chairman said the Board will take all projects
in view of the possible tax rate and will back articles
in the order it deems their importance to be to the Town.
He said the Board feels there should not be a big jump
in the tax rate in one year, and does feel the people
are interested in a fairly stable tax rate.
Mr. Sussman said the Commission feels, in this
matter, it is not really so much progress it is imple-
menting here as it is to try and create a situation for
the Town. It is trying to create the environment of the
Town it feels the people wish. He said in studying,
the Commission feels that in cases where towns act aside
large tracts of land, that this alone has helped to
stabilize the tax rate. He said expenditures of money
for this land increase the value of adjacent properties
and it also stabilizes the population. He daid when
the population density rises, the cost per capita rises.
The Conservation Commission retired at 8:26 P.M.
CFI
1
661
The Capital Expenditures Committee met with the
Board and presented charts which it said showed the
same numbers that appear in the Committee's report, Capital
a copy of which each member of the Board had received. Expenditures
The Chairman referred to the last paragraph of the Committee
report and asked if the Committee was going to be unani-
mously in favor.
Mr. Boughton replied he believed the Committee to
be in favor.
Mr. Gataldo said the Committee recommends stopping
with the Hunt Block on the Center redevelopment.
Mr. Boughton said he thought he would suggest that
as that is all the Board has discussed specifically
with the Committee.
The Capital Expenditures Committee retired at 9:00
P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating, or voting on matters which, if Session
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation of
any person.
• Following discussion pertaining to Lexington Center,
it was voted to resume the open meeting.
Mr. Harold E. Stevens, attorney, met with the Board,
at his own request, for an opportunity to explain an
article submitted by ten or more registered voters for
insertion in the warrant for the Annual Town Meeting
for a change in. zoning. He explained the article calls
for rezoning certain land from an R 1 -One Family Dwelling
District to an A 1 -Garden Apartment District. He stated
the land is under agreement by purchase, subject to it
being rezoned to A 1.
He introduced the principal officers, Mr. Monte
Wallace, President, Mr. Neil Wallace, Executive Vice
President, Mr. Dan Grady, Executive Vice President and
Mr. William Tyler, attorney.
He reported that the group had just been to the
Planning Board and explained to it what this article is
about. Be stated it is not planned to have merely an-
other garden apartment area. The concept on which this
development is based is the idea of retaining the natural
beauties of the area, the trees, development of building
plans adapted to the site itself, and keeping large amount
of open -land for park and recreation purposes, and includes
the construction of recreational facilities. This has
actually been put into practice in Norwood, and they hope
the Board will go down and see for itself what it is like.
562
Mr. Stevens said the best way of showing this to the
Board is to go through some film strips with accompanying
explanation, which is of the Norwood project.
Following the presentation of the film, Mr. Monte
Wallace, President, said the important thing they are try-
ing to do is to convey here what they are trying to do
with garden apartments which is different than what is
generally done on small sites where most of the site is
covered by parking areas. He said it is important that
the Board understands it would be a mistake to think of
apartments as it knows them. This is a special concept
if developed here. He said the site in Lexington seems
to be an excellent site for this type of garden apartments'
development. It abuts a principal industrial zome and
fronts on Route 2. The project would be in excess of
$4,000,000.
The group retired at 10:00 P.M.
The following requests for articles for the Annual
Town Meeting were received:
1. Petition signed by ten or more registered voters for
a zoning change by adding a district on the south-
westerly side of the Cambridge -Concord Highway to
the special Commercial District. (Benjamin Greene). Articles
2. Appropriation for replacing pavement and landscaping
around the front entrance to the library.
3. Appropriation for construction of public facilities
building.
4. Authorization for the School Committee to use the
Veterans' Memorial Library in the High School for
other than library purposes. (Mrs. Morey)
Mr. Cataldo said, with reference to the Veterans*
Memorial Library article, that the Board has requested
a legal opinion from Town Counsel and it should wait
for his opinion. He also suggested appointing the
committee of three for the perpetual use of the library.
He said this request for an article does not have the
required ten signatures, and suggested that the Board
insert an article with the intent to have the matter
clarified.
The Chairman said he sent a copy to Dr. Fobert and
hopes to have some kind of an answer back from him.
Mr. Cataldo pointed out the Board does not have to
frome its article around the one submitted. He said
the Board is aware of the situation and it is the Board*s
intent to have it cleared up, and if anything is going
to be done, a committee should be appointed. He said
this situation could arise again ten years from now.
Consideration of Mr. Irwin*s report on the Cummings'
property 465 - 475 Massachusetts Avenue was held over. bort
1
'363
Mr. Greeley, representing the Planning Board, met
with the Selectmen at their request.
The Chairman stated that Benjamin Greene came in Article
with an artible for the warrant which he wants in if the
Roberts' article is going in.
Mr. Greeley stated the Planning Board assumes they
do not feel they are ready and it can therefore be assumed
this is coming at a later meeting. The Planning Board
hopes it will come in, but it does not intend to initiate
it.
The Chairman asked if the Planning Board would con-
sider the entire article it had the last time.
Mr. Greeley replied the Planning Board is not coming
in with it now. He said his hope would be that Roberts
would come in at a later Town Meeting.
Mr. Cateldo said the Board would rather put the whole
article in, buffer strip and all.
Mr. Greeley retired at 10:30 P.M.
Upon motion duly made and seconded, it was voted
to adjourn.
A true record, Attest:
SELECTMEN'S MEETING
January 18, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, January 18, 1965, 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 the Acting Clerk
were also present.
Members of the School Committee, Mrs. Clarke,
Chairman Alfred Viano, Messrs. Page and Penske, and
Dr. Rudolph J. Fobert, Superintendent of Schools,
met with the Board.
The Chairman stated that Mrs. Morey had submitted
a proposed article and suggested vote for the Annual
Town Meeting, copy of which was sent to Dr. Fobert,
which was read as follows:
ARTICLE: .To see if the Town will authorize the School
Committee to use the Veterans Memorial Library in the
High School for other than library purposes.
There was no objection to the wording of the article.
SUGGESTED VOTE: To authorize the School Committee to use
the Veterans Memorial Library in the High School, voted
under Art. 1.4. of the Nov. 17, 1952 Town Meeting, for
other than library purposes, and that it be designated as
the "Veterans Memorial Room" and continue to be accessible
to the public.
The Chairman asked Mr. Legro, Town Counsel, if he
was aware of the controversy, if there we's one, and Mr.
Legro replied he had given it some consideration, had
talked with Dr. Fobert, seen the correspondence by the
Selectmen and Dr. Fobert, and read the votes involved,
and he thought this the proper procedure for the Town
Meeting to authorize the change; the appointing com-
mittee appropriated the money and the proper way to
change it is by Town Meeting vote.
Dr. Fobert stated he did not think they were changing
the War Memorial Library, just changing it from a student's
to a professional library, the formation of a committee.
He had no objection to an article.
The Chairman stated as Town Counsel interprets it,
it is in violation, an article should be inserted that will
not tie them down; that it should be clarified once and for
all.
•
771
Mr. Sheldon suggested asking that a three-man committee
be appointed by the Board, it was part of the report but
never authorized.
The Chairman asked if it was recommended that it be
a Town Meeting Committee.
Mr. Legro stated that the report recommended that a
By -Law be passed that a committee be formed. It was part
of the earlier report.
Mr. Adams said he felt the vote had been passed by
Town Meeting for a War Memorial Library, to be used by
the students - a life memorial to be there for the students
of Lexington to use. He also felt a three-man committee
was a good suggestion, a very good liaison.
Mr. Cataldo stated the War Memorial should be kept
as such.
Dr. Fobert said the School Department would keep the
Memorial in the proper form, that it would be adequate.
Mr. Legro stated he thought as it stood now, the
library has to be used; with the school making sure it
is up-to-date.
The Chairman said, substantially, to leave the
article in as it is now, subject to approval of Town
Counsel.
The School Department retired at 7:45 P.M:
The Chairman referred to the Cummings' property and
stated that the Board was aware of the background on the
Building Inspector's report relative to the Cummings'
property at 465-475 Massachusetts Avenue. -
Mr. Sheldon stated he did not know what the report
contained and asked that the Chairman read it.
The Chairman summarized that the Building Inspector,
Mr. Irwin, did inspect the property, that pictures have
been taken of the property.
Mr. Cataldo stated the parts of the property that Cummings'
are unsafe should be made safe. property
Mr. Sheldon stated the Board had a right to do that.
The Chairman said that Mr. Cummings could be ordered
to make it safe and clean up the nuisance, following the
recommendations of the Building Inspector, in all safety,
and without criticism.
Mr. Burnell said, in thinking back, it would seem
this is the only way to convey this information to him.
Mr. Sheldon felt it a waste of time to talk with
Mr. Cummings, and the Board should specify that the pro-
perty be made safe and the nuisance abated.
Mr. Legro started to describe what should be done,
in as much detail as the Building Inspector has done,
within a certain time.
Mr. Sheldon asked if 60 days was reasonable, and
Mr. Legro replied it was too long. He suggested that
a letter be drafted, approved by Town Counsel.
(56
Mosquito
Control
Upon motion duly made and seconded, it was voted
that a letter should be drafted to Mr. Cummings, setting
forth the Building Inspector's recommendations in his
report of January 4, 1965, to be approved by Town Counsel,
and it will then be served.
Mr. Carroll, Superintendent of Public Works, reported
on Mosquito Control. He stated that the appropriation
in 1963 was $8,100. which is approximately over the normal
appropriation, the share of the building north. During
the past year, the Mosquito Control project collapsed.
The Town of Weston did not want the bu2ding built there.
They found a ,space in Waltham and have signed a 5 -year
lease for a section of the building. The Town OffLex-
ington has a credit of $1100, which it can request to have
returned or use as a credit toward next year. This year
the appropriation is $7500. If we maintain it at $7,000
a $600 credit for next year. They will do whatever the Board
wishes.
The Chairman asked if Mr. Carroll anticipated it would
drop back to $7,000, and he replied we could go to $6500,
that it would be better to maintain it at that level, but
it is always difficult to go back up.
The Chairman asked if there was any chance they would
build, and Mr. Carroll replied in the negative.
Mr. Sheldon felt the credit should be taken at once,
get the credit for only one year.
Upon motion duly made and seconded, it was voted
that the credit be taken by Mr. Carroll.
Mr. Carroll reported on negotiations with Mr. Ward,
of Haley and Ward, relative to the Bedford sewer problem.
Bedford promises a new meter at the Lexington -Bedford
Bedford line, the flume made at the line. He stated Mr. Ward
Sewer feels the Board of Selectmen in Bedford'possibly.would
problem like a letter saying that, the plans are agreeable to Lex-
ington.
Mr. Carroll stated this type of meter is acceptable
to Lexington, andhe will draft a letter to be sent.
At 8:00 P.M., Mr. Robert Jones, Whitman & Howard,
met with the Board relative to the. Woodhaven Trunk Sewer.
• Mr. Carroll introduced Mr. Jones to the members of
the Board and Town Counsel.
Mr. Carroll presented a plan showing a section of
-Sewer from the Ca °rig laxed, near Pleasant Street, through
Moreland Avenue School site, former Swenson land, now
Cataldo land, in direction of the: Franklin School.,.. Re.
-stated they' anticipate trouble as they approach Swenson's
property, 400 feet,, away- frpliv that., property. The; soil
WAS -Of -such; consinteney that It was mpossib e) f or the,
e artrat tbst' to: ebiftirm,
tkn
L33
Mr. Jones stated along this route, which was the
original design, borings were made I think every 100 feet.
There is a great mass of peat and clay land underlying it.
Additional borings have been made in more detail, showing
exactly the same as the original borings. Mr. Carroll
stated they looked into the possibility of an alternate
route, going the same distance and arriving at the end Woodhaven
of sewer (pointing to plan). This showed a much better Sewer
subsoil. Mr. Carroll showed section plans, and said
the clay and silt go down about thirty feet.
Mr. Sheldonsal.if this would add to the cost of the
project, and Mr. Jones replied in the affirmative, and
said on the present contract it is estimated at $114,000.
For that one little piece by this alternate route, $32,000.
Mr. Sheldon asked, with the alternate route will the
cost be more than anticipated.
Mr. Carroll stated the cost of the Woodhaven Sewer
will run about $30,000 more than the figure. He said
the sewer originally took in Worthen Road. He suggested
relocating Worthen Road, through the proposed subdivision
of the Evangelical Church land, 2,000 feet toward higher
land. He stated that the Planning Board is in favor. He Relocating
would like the Town to reconsider relocating Worthen Road.Worthen
This leaves a vacant piece of land approximately ten acresRoad
which would tie in with the piece of land Lexington owns,
on Dawes Road, with the land the Conservation Commission
is contemplating to purchase. He felt the Town would
benefit in many ways. They would have to abandon an ease-
ment.
Mr. Brown asked what happens on the Carrig section,
and Mr. Carroll replied there is nothing there.
Mr. Carroll stated there has been no specific location
of Worthen Road and he would like to discuss it with the
Planning Board and have approval.
The Chairman stated it would entail some takings, and
the abandonment will have to go to Town Meeting, and asked
if it is necessary to have it in the next Town Meeting.
It was decided that Mr. Carrollw ould contact the
Planning Board and find out if they approve the plan.
The Chairman read a letter from the Lexington Savings
Bank relative to additional lighting of the passageway
fromMassachusettsAvenue to the parking lot off Waltham
Street.
Mr. Carroll stated the passageway is owned by the
Lexintuton Savings Bank and the Town has a right-of-way
over it. It would not be proper for the Town to install
a light there, and there is no obligation on the part Passageway
of the Town, but there should be one for the protection at Savings
of pedestrians to go through. Bank
The Chairman said he would like to have the Savings
Bank do it. lie asked Mr. Carroll if he had talked to
the Boston Edison Company and Mr. Carroll replied he would
approach them and see what could be done.
(k)
Oomplaint
Sign
Traffic
"Go Slow
Children"
signs
Articles
Mrs. Lieb, TMMA, asked if anyone was responsible
for clearing the passageway, and Mr. Carroll replied
that the Town does clear it.
The Chairman read a letter from Miss Patricia
O'Leary, R.N., 171 Lincoln Street, regarding the problem
of rats from the old Lincoln Street Dump.
The Chairman stated he.had had several complaints
which he referred to the Board of Health.
Mr. Carroll said Mr. Finneran had previously put
bait out for them.
Mr. Sheldon stated there is no attraction.
It was voted to inform Miss O'Leary that the con-
dition will be reported to Mr. Finneran, Director of
Public Health, who will see that the matter is taken
care of properly.
The Chairman read a letter from William L. Potter,
21 Fair Oaks Terrace, requesting permission to attach a
sign to the street sign post at the corner of Walnut
Street and Concord Avenue and at Route 2 and Pleasant
Street.
Mr. Burnell stated as if was within the sign By -Law,
it would be safe to grant permission.
Upon motion duly made and seconded, it was voted
to grant permission to Mr. Potter to attach a sign to
the street sign post at the corner of Walnut Street and
Concord Avenue and at Route 2 and Pleasant Street.
Letter from Nellie -Way Hayden relative to "Go Slow
Children" signs on Grove Street, about which she had
previously written, and about which the Traffic Study
had been notified, the Town to install appropriate signs,
was read by the Chairman.
Mr. Carroll reported that the signs were installed
last week.
Copies of Miss H:syden's letter had previously been
sent to the Traffic Study Committee.
Articles to be inserted by the Planning Board for
the 1965 Annual Town Meeting were read by the Chairman.
There was no objection by the Board.
Later in the evening, Mr. Cataldo inquired as to
what had been done on the Ross land, and suggested
making an offer.
Mr. Gray is to follow this up.
Letter from the Stanley Hill Post, No. 38, Inc.,
American Legion, relative to the War Memorial Library
at the High School, was read by the Chairman.
The Chairman asked if the Board wanted space re-
served for an article in the warrant.
Mr. Legro stated this requires a little thought.
He stated the Town has a War Memorial Library, and the
right to change at will the designation of a room and
use of room would invite further trouble.
The Chairman asked that a copy of this letter be
z
411
sent to the Public Facilities Committee.
Mr. Cataldo asked if Town 1"'eeting would have to
authorize a building, and Mr. Legro replied it would
be advisable.
The Chairman referred to the Joint School Committee -
Administrator Salary Advisory Committee Meeting minutes,
a copy of which had been received by the Board. School
Mr. Cataldo reported that nothing concrete was Committees
decided. minutes
It was requested that copies be sent to each
member of the Board, and the report was held over
until the next meeting of the Board.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings Minutes
held on December 19, 1964, and January 11, 1965.
Application for the use of Cary Memorial Hall
by the Lexington Lion's Club for a Heart Seminar, or
"How to Live with your Heart", was read by the Chairman. Cary Hall
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Lion's Club to
conduct a Heart Seminar in Cary Memorial Hall on Wednesday,
February 24, 1965, from 7:45 P.M. until 10:30 P.M., free
of charge, but there will be a charge of $3.46 per hour
for Custodian's overtime services.
U Upon motion duly made and seconded, it was voted
to grant a taxi driver license to George Edwards Fleming,
10 Centre Street, Lexington, satisfactory references License
having been received from Chief Rycroft.
Upon Motion duly. made and seconded, it was voted License
to grant a Common Victualler License to Trinity Pharmacy,
162 Bedford Street.
Upon motion duly made and seconded, it was voted
to grant an Intelligence Office License to Emanuel
Sugerman, 18 Hathaway Road, business to be located at License
594 Marrett Road, pending receipt of his application,
satisfactory references having been received from Chief
Rycroft.
Upon motion duly made and seconded, it was voted
to grant Yearly Dump Permits to Joseph D'Augustine, 24
Bacon Street, Arlington, and T.F.Kennefick Co., Inc.,
20 Bartlett Avenue, Arlington.
Mr. Gray referred to request from Robert Dubin,
President of A.I.S., Inc., 400 Waltham Street, Lex-
ington, to whom a Second Class Auto License was granted
recently. The Registry of Motor Vehicles has asked
that amendments be made to his present license.
2nd Class
Auto License
570
Revitali-
sation of
Lexington
Centre
Mr. Dubin is to contact the Registry of Motor
Vehicles to see if a new license should be issued by
the Board, or if the addition of the amendments will
be satisfactory. He will then contact Mr. Gray.
At 9:00 P.M., Messrs. Trani, Maienza and Stevens
of the 1775 Realty Trust, Mr. Kolovson of the Chamber
of Commerce, Mr. Stern, of Arthur D. Little, Inc.,
Messrs. Bryson, Campbell, Greeley, Meyer and Zaleski
of the Planning Board, met with the Board.
The Chairman stated that the Board is very much
interested in the proposal.
Mr. Kolovson said he had a progress report. The
first item, he regretted to say, was that one bank
from whom they were awaiting approval, refuses to go
along, so the other three banks who would contribute
equally are no longer under that obligation. Con-
sequently, they will be looking for new sources of
revenue. It is the Chamber of Commerce feeling that
it will not be depending on the Federal 701 money because
there would be delays, possibly two or three years, and
it feels it will have to redesign the scope of its study.
They would want the main concept y October. The scope
of the project will not be as complete as the reports
passed out the last meeting. The goal of their com-
mittee is that the article for the widening of Massachu-
setts Avenue will not be defeated. He felt both Boards
are in agreement. However, they feel that agreement
on all articles pertaining to the redevelopment of Massa-
chusetts Avenue, all Boards are in agreement. If objection
taken by one board on this article forces another, the
total objection could be raised. I think also it is im-
portant that all the Boards involved be in accord. The
earlier we start, the better. The purpose of getting
together is to see where the areas of conflict are and
to see if the committee can come up with some accord.
The Chairman stated before anything further - -
The Board of Selectmen tool the initiative in the widen-
ing of Massachusetts Avenue. There is soma misunder-
standing that the Board of Selectmen did initiate this.
The Board is very much in favor of it. It feels the
widening is a prerequisite. It doesn't think it will
have the opportunity again that it has now. There
will be property takings and damages to buildings, and
in order to have amicable relations, the 1775 Realty
Trust would like assurances, before they will agree to
go ahead, that they would be permitted to use the
buildings the same as now. This is where the Planning
Board comes into the picture.
Mr. Bryson stated the Board comes in on the rezoning
of it. It is responsible for it,. Mr. Gray stated that
the 1775 Trust would like to be allowed to include in the
new building the same kinds of use that now exist, some of
nonconforming use. The Planning Board is very much in -
571
terested in seeing Massachusetts Avenue widened, starting
negotiations. It has some reservations about apartments,
and are somewhat floored by the perspective that they
plan to build on the entire 16,000 square feet with 12,000
square feet floor space. This cculd be 40, 50, or 60
apartments, and if it is done for them, it will have to
do it for everyone; the Central Block will be interested
in doing the same thing. We have fifty apartments on
Worthen Road: We have C-2 zones in East exington and
Bedford Street. Frankly, this is not attractive tothe
Planning Board. Mr. Bryson feels it is best to create
a new zone in the Center so that East Lexington and
•Bedford will be left out, and allow apartments int he
Center. A fourth floor is not attractive to the Plan-
ning Board. It would compensate the 1775 Trust for not
having the existing uses in the building. The Planning
Board would like to see the Avenue widened.
Mr. Sheldon stated there might be a way to compensate
the owner for not making leases now and not improving on
the assumption that this permission would be granted. I
do not understand what you are proposing. What Planning
Board is proposing is a permanent compensation so that the 1775
Trust will be willing to conform.
Mr. Trani stated that Mr. Bryson said 16,000 square
feet and it is 15,000 square feet.
The question was asked how many apartments are there
now, and Mr. Trani replied only seven.
To build fifty-eight or sixty is stretching it a
good deal. Mr. Greeley said the one way is to negotiate,
keeping it within the present By -Law and compensate.
Mr. Cataldo stated to make this building a three-
story building. His point is, if this was not the case
that the people involved would not come to terms on the
widening of Massachusetts Avenue. It would have to be
a taking and settle the damages.
Mr. Greeley stated it would see if there is going to
be permission to erect apartments, it should include off-
street parking, maybe one space for each two apartments, and
asked if this was anticipated in the negotiations for parking
for most of the autos. He felt it certainly should be
included, that parking had to be provided. He asked if
the Town was going to provide parking.
Mr. Trani replied that they had not given any thought.
Mr. Bryson stated the Board would like to see Massachu-
setts Avenue widened.
Mr. Stern said the long term nemesis over the next
ten years besides some of the growth of traffic on Massachu-
setts Avenue to the completion of the National Park, but
due to the fact it is hoped to have in ten years a Boston
World's Fair which L'exington and Concord would be one of
the attractions the Town would have to look forward to.
When the Town has to think of taking the land, it is going
to pay the real estate values.
Mr. Cataldo stated, regardless, all of the two and
three stories, the buildings are the same. The Town will
still supply them parking with a possibility of more people
involved. It is just a question°of whether you want to
get the job done or not. The Town will never get it done
if we don't get it now.
The Planning Board stated a figure should be put upon
this, and why not do it. What did it cost?
Mr. Cataldo stated $225,000. This would mean a total
of $250,000 to $275,000, plus takings.
Mr. Cataldo asked how the Central Block would be handled.
Mr. Brown left the Selectmen's table and abstained from
any discussion.
Mr. Sheldon stated something could be negotiated with
these people. There is now a two-story building, and three
can be built. Would the Planning Board then object to
apartments, and the answer was, it is a zoning change.
Apartments cannot be built, the zoning says no.
The Chairman stated the articles have to be made up,
and the Boards could meet next week.
Mr. Bryson agreed.
Mr. Greeley said the Center could be a different
zoning district. If this is something the Planning
Board should do, whether it agrees or not, and extend
the nonconforming use.
The Chairman stated, negotiate.
Mr. Kolovson stated a real estate appraisal or a
professional consultant could look at the situation and
report the various findings.
Mr. Legro asked, would the Planning Board consider
this situation more favorably if it could be done on a
continuous or the nonconforming use rather than a zoning
change, and Mr. Greeley replied, absolutely.
Mr. Stern stated that widening of Massachusetts Avenue
can be resolved is but the first step. It certainly
would be the first sympton in attracting new investors.
How the Center might be given some unity and also some
distinction, a retail and service center. We know what
the competition is going to be in Burlington. A broad
physical expression of the theme for Lexington Center
and differentiate the Center from other shopping centers.
Mr. Bryson said he felt the merchants should con-
tribute something that would benefit.
Mr. Cataldo stated a concept study should be made,
that a more intelligent decision could then be made.
Mr. Kolovson stated Michelson is remodeling, and
he would like to conform. It would be fine if it could
fit into a unified concept. Once it becomes revitalized,
more and more would remodel.
The Chamber of Commerce retired at 10:30 P.M., the
Chairman having requested the Planning Board to remain
for a few minutes.
e>!)
rtwavor
Q�
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating or voting on matters which, if Session
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following legal matters, it was voted to resume
the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn the meetin, 10;45 P.M.
A true record, Attest:
Acting Clerk, Selectmen
57 4
SELECTMN r S MrTING
January 23, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town uffic a Building,, on
Saturday, January 23, 1965, at 9:20 A.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, lair. Colella, Assistant Superintendent,
Mr. Higgins, Assistant Town Engineer, and Miss Murray,
Executive Clerk, Ware also present.
The meeting was called for the purpose of discussing
1965 budgets submitted by Mr. Carroll.
Mr. Carroll said he would like to talk about adjust-
ments and gave each member of the Board a list of changes
in cia sification and salaries as follows:
David Hatfield - Present W-2 Max. $2.31/hr.
Combines work of Maintenance Man, Mechanic's Helper
Change recpmmended - W-2 to W-3
W-2 V - $2131 to W-3 VI - $2.54
Warren Monsignore - Present W-2: III - $2.13/hr.
Change from Laborer -Equipment Operator to
Heavy Motor Equipment Operatthr - W-3 IV - $2.33/hr.
W-2 III - $2.13 to W-3 IV - $2.33
Michael Bentley - Present W-2 Max. to W-3 VI
Laborer — Equipment Operator to Heavy Equipment
Operator
W-2 Max. to W-3 VI
$2.31 $2.54
Alfred Bennett - Present W-3 Max. - $2.4.2 to W-6 IV - $2.65
Laborer - Equipment Operator to Working. Foreman
W-3 Max. - $2.42 to W-6 IV - $2.65
John Whitney - Present W-2 IV - $2.22
New job description - Water Service Maintenance Man
Class W-3
W-2 IV - $2.22 to W-3 V - $2.42
Mr. Carroll said that Mr. Hatfield's job was in-
correctly classified right from the beginning.
Mr. Monsignorets change_will be a promotion.
With reference to Mr. BR,entley, Mr. Carroll said he
has two heavy equipmsnt operators and wants three.
Upon motion duly made and seconded, it was voted
to approve all above-mentioned recommendations as sub-
mitted by Mr. Carroll.
The following action was taken on budgets as submitted
by Mr. Carroll:
Budget 4900
Public Works Personal Ser.
The item for overtime was
reduced from $45,000 to
$x.0,000.
The number of additional
laborers was approved for
four men instead of nine
men as requested. Further
consideration to be given
to approval of five men, at
some future discussion on
budgets.
Supt of Public Works
Personal Services 48,112.63
Expenses 1,750.00 $1,750.00
Supt of Public Works
Out -of -State Travel 200.00 200.00
Requested Approved
$395,103.12
Engineering - Personal Ser.
Mr. Carroll recommended chang-
ing Mr. Coscia from S-16 IV to
S-17 Maximum. He said he felt
this position is worth more
money, and stated there has been
no description for a construction
inspector.
He also recommended changing one
employee from S-10 Maximum to
S-13 II which he stated was a
routine promotion to another
grade.
Engineering - Expenses 3,950.00 3,950.00
Town Offices & Cary Building -
Expenses 40,775.00 37,160.00
The following items were dis-
approved:
Folding chairs Cary auditorium
Racks for folding chairs
Tables for Cary auditorium
Platform for speakers
Chairs for Selectments Room
Rental Properties $ 2,000.00
Public Works Building - Expenses 9,585.00
Highway Maintenance - Expenses 81,550.00
Road Machinery 43,350.00
Snow Removal - Expenses 77,000.00
Traffic Regulation & Control 12,250.00
Street Lights 76,388.00
Street Signs 1,000.00
Sewer Maintenance - Expenses 23,424.00
Sewer Services - Expenses 12,500.00
Garbage Collection - Expenses 67,000.00
Sanitary Land Fill - Expenses 39,900.00
Water Maintenance - Expenses 36,117.00
Water Services - Expenses 11,500.00
The item for p:,tching was re-
duced from $6,000 to $4,500.
Park Department - Expenses
Items added from the Recre-
ation Capital Expense budget:
Drinking Fountain - Fiske
Drinking Fountain - Harrington
Moving backstop to Baskin area
Swings for Kinneen area
Insect Suppression - Expenses
Shade Tree - Expenses
Dutch Elm Disease - Expenses
Mosquito Control
Sewer Construction - Sundry Streets
The following were disapproved:
Hayes Lane, $12,600.00
Burlington Street, $43,500.
Cushing Street, $,600.
26,690.00
450.00
450.00
400.00
315.00
2,700.00
10,100.00
2,550.00
7,500.00
$ 2,000.00
9,585.00
81,550.00
43,350.00
77,000.00
12.250.00
76,388.00
1,000.00
23,424.00
12,500.00
67,000.00
39,900.00
36,117.00
10,000.00
2,700.00
10,100.00
2,550.00
6,500.00
1
1
Demar & Turning Mill Roads, $41,250.
Dewey Road, $39,760.
Grandview Avenue, $12,450.
Meriam Street - Petition not returned
Sullivan Street, $6,000.
Winter Street, 538,750.
Wright Stre•t, S5,100.
All other requests were approved tentatively.
Trunk Sewers - Winter Street
Water Construction
Allen Street $8,000.00
Columbus Street 4,000.00
Muzzey Street 6,000.00
Grandview Avenue 00.00
Estabrook Road 00.00
Summit Road 00.00
Drain Construction
Adams Street
Grove Street
Jackson Estates
Meriam Street
Albemarle Avenue
Simonds Road
Tower Park
Maple Street
3,000.00
10,000.00
1,600.00
18,000.00
5,000.00
4,000.00
1,000.00
00.00
Street Construction - Sundry
Cutler Farm Road 11,625.00
Hudson Road 7,350.00
Melrose Avenue 12,000.00
Columbus Street 15,625.00
Bennett Avenue 4,000.00
Chase Avenue .5,000.00
Grandview Avenue 00.00
Tucker Avenue Q0.00
Wright Street 00.00
Bruce Road (No cost)
Skyview Road 1,000.00
Street Construction - Capital
Sidewalk Construction
Curbing Construction
Chapter 90 Maintenance
Chapter 90 Construction
Road Machinery - Capital Outlay
Waltham Street - Parking Lot
Central Playground Parking Lot
$ 57,400.00
30,700.00
$ 57,400.00
18,000.00
47,600.00 42,600.00
79,100.00 63,000.00 ?
56,000.00
44,000.00
5,000.00
4,500,00
60,000.00
50,000.00
7,000.00
15,000.00
66,000.00
11.4, 000.00
5,000.00
4.500.00
60,000.00
50,000.00
7,000.00
15,000.00
578
t
SELECTMEN'S MEETING
January 25, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, January 25, 1965, at 7:35 P.M. 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.
In the absence of Mr. Lincoln P. Cole, Jr., Mr. Levi G.
Burnell was duly elected Chairman, pro tem.
Letter was received from the State Department of
Public Works, together with an agreement between the
State and the Town relative to the relocation and in -
Water & stallation of the Town's sewers and water mains, made
Sewer undeecessary by the reconstruction of a portion of Route
Route 2 2 in the Town of Lexington. A copy of the letter and
Agreement the agreement was sent to Nor. Legro, Town Counsel. A
copy of Mr. Legrols letter to the State, dated January 21,
1965, was also received.
Mr. Legro reported that he had made some slight
changes on this and had sent two copies to the State
Department of Public Works.
Mr. Carroll stated he is gling over the plan.
Mr. Legro explained the agreement is pretty much
of a routine contract and he has made some changes with
the request that Mr. Carroll review the description of
the sections to be installed, which he is doing.
The Chairman read a letter from Norman T. May,
representing Mr. and Mrs. Bevilaqua, owners of Anthony's
Entrance to/Restaurant, stating that last fall there was discussion
Waltham St. of the possibility of selling the present Waltham Street
Parking entrance to the parking lot. The Bevilaquas are inter -
Area ested in the land or part of the land insofar as it
relates to the side and rear entrances to their building.
If negotiations are taking place, with a view to including
an article in the warrant for the March meeting authoriz-
ing the sale of this parcel, Mr. May would like to hear
from the Board.
A copy of the communication was sent to Town Counsel.
Mr. Legro stated there is an article to authorize
the sale of the entire parcel. This should be taken care
of by the article.
Mr. Gray was requested to contact Mr. May, and Mr.
Cataldo suggested that he advise Mr. May if the Board re-
ceives permission to sell, he will be contacted.
1.+r'a' /
The Chairman read a letter from Alfred P. Tropeano,
attorney for Warren T. and Elizabeth Ferguson, requesting
an abatement of the sewer betterment levied against lot
L.C. 358 Fairbanks Road. Mr. Tropeano stated in his
letter that the petitioners have not, will not and cannot Ferguson
receive any benefit, advantage or betterment to the lot Sewer
as the same, prior to installation of sewers on Fairbanks Betterment
Road, was serviced by mains installed and paid for by the
developer, Cary Realty Trust.
A copy of the communication was sent to Mr. Carroll.
Mr. Carroll reported that he has been in contact
with Mr. Ferguson and is supposed to meet him tomorrow at
4:30 P.M. about this particular problem.
No action was taken by the Board and the request
for an abatement was held over until the next regular meeting.
During the week, Chairman Cole received a telephone
call from Mrs. Rhoda M. Gelles, 30 Turning Mill Road,
registering complaint re plowing sidewalks, and he re- Sidewalk
quested that the subject be placed on the agenda for this plowing
evening.
The Chairman asked Mr. Gray to find out what Mrs.
Galles wants.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow- Pole
ing j/o pole location: (Quote). location
Another letter, dated January 20, was received
from Miss Nellie Way Hayden, 151 Grove Street, with
further reference to traffic control. A copy of the Traffic
communication had been sent to each member of the
Traffic Study Committee.
It was agre,..d to refer the subject to the Traffic
Study Committee.
A letter was received from Dr. Howard M. Kessler,
11 Winchester Drive, together with a letter to him from
Mrs. Anton S. Morton, in which she mentioned "traffic
hazards and other matters of safety" with particular
reference to Countryside. A copy of the communication
had been sent to each member of the Traffic Study Com-
mittee.
The Chairman stated that Dr. Kassler had met with
the Traffic Study Committee about three or fcur months
ago and brought with him three other men from this area.
They went over the Winchester Drive problem and Dr. Kessler
realized what existed here was not just Winchester Drive
alone, but existed in many other places in Town.
Mr. Sheldon said this matter siould be referred to
the Traffic Study Committee.
Mr. ('ataldo suggested the possibility of permitting
businesses in the area to push the snow onto a vacant
town -owned lot.
yyy
Private
Gourdeau's
retirement
Moreland
Avenue
School
Site.
Mr. Carroll said he would like to discuss this problem
with the Chief and also talk to the people in the area.
He said there is no question but tlbis is a dangerous situ-
ation.
The Chairman read a letter from the Board of Fire Com-
missioners inquiring as to whether or not any action had
been taken on Private Gourdeau's retirement. At the
Commissioners' meeting of January 19, Private Gourdeau
requested that he be allowed to return to limited duty.
Mr. Gray reported he had received a telephone call
from Private Gourdeau asking what action the Board of
Selectmen had taken, and stating he was able to return
to limited duty. .Mr. Gray advised Gourdeau that the
Board of Selectmen had received a letter from the Board
of Fire Commissioners asking that he be retired, and
this is what the Selectmen have done and no change would
be made unless the Selectmen heard from the Board of
Fire Commissioners. Mr. Gray reported, in the meantime,
he talked to Commissioner Fitzgerald who told him Private
Gourdeau did meet with the Commissioners last Monday even-
ing.
The Chairman read a letter written by t he Board of
Selectmen on December 15, 1964 to the Board of Retirement
stating that the Selectmen concurred with the Fire Com-
missioners in regard to Private Gourdeau's retirement,
and requested the Board of Retirement to -take immediate
steps to effect his retirement.
The Chairman said the Board should send the Fire
Commissioners a copy of the letter to the Board of Re-
tirement.
Mr. Gray was requested to send the Commissioners a
copy of the letter to the Retirement Board and advise them
that as far as the Board of Selectmen knows, the request
for retirement is being processed.
Mr. Sheldon said he would like to know if the retire-
ment is proceeding.
Copy of a letter from Charles T. Abbott, Vice Chairman
of the School Sites Committee, to the Lexington School Com-
mittee, dated January 19, 1965, was received, together with
a copy of the report of the School Sites Committee on pro-
posed school sites at Moreland Avenue versus Pleasant Street.
The Clerk was instructed to have a copy of the report
mailed out to each member of the Board.
Mr. Cataldo suggested, and the Board agreed, to
invite the School Sites Committee to meet with the
Board on Monday, February 1, 1965, at 8:15 P.M. to
discuss justification of the figures in the report.
Mr. Legro advised that he had an engineering ser-
vice contract between the Town and Whitman & Howard
for the Concord Avenue sidewalk andpertinent woek, which
he has reviewed and found to be in order. Engineering
Upon motion duly made and seconded, it was voted contract
to sign the Engineering Service Contract, as presented
by Mr. Legro, between the Town of Lexington and Whitman
& Howard for the Concord Avenue sidewalk and pertinent
work.
Mr. Legro referred to tax title lots on Circle Road
and reported that he had discussed this matter with Mr.
Purcell, Town Counsel for Arlington, who has made arrange-
ments to insert an article in their warrant again to seek
authority for the Board of Selectmen to grant to the Town
of Lexington flowage rights in the area of the Great Circle
Meadow. If he doen not succeed, Mr. Legro will proceed Road
on some means of a taking basis. The Selectmen for the
Town of Arlington are not willing to release any damages.
Mr. Purcell stated for them, they will not seek any damages
but this goes on over a period of a couple of years and
there can be changes in the Board. The only alternative
is to get some agreement of indemnification from the pur-
chasers of the tax title lots and that has been considered.
Mr. Legro said he thought the article in the warrant is
the better way to proceed.
Mr. Carroll reported that he will meet Wednesday
morning at 9:30 with Mr. Greeley of the State Sanitary
Engineers Department in regard to receiving Federal Aid Federal
for the proposed force main and pumping station. He Aid
said they were going to try and get an indication as to
whether the project will be eligible for Federal Aid.
Mr. Cataldo asked Nr. Carroll if, in view of the
apartments coming in for rezoning, the Board should have
some figures for the water main on the frontage road.
He said if this is going to happen, the Board should Water
take some action at the Annual Town Meeting.
Mr. Carroll said he did not know if this could be
part of the agreement referred to earlier- in the evening
by Mr. Legro.
Mr. Cataldo said there is no talk of a Special Town
Meeting, so perhaps the Board should consider this matter.
Mr. Carroll said this would be up to the Board.
Mr. Cataldo suggested that Mr. Carroll have some
figures for the next regular meeting of the -Board.
Mr. Sheldon said this installation would be necessary
id the aprtments were approved.
Mr. Carroll stated if this area is zoned, the water
main will have to be extended and where the State is going
to put in some 1500 feet for Cabot, Cabot & Forbes, he
thought the Town should go the whole way, out to Waltham
Street.
582
Mr. Legro asked if this wculd be within the ramp road,
and Mr. Carroll replied in the affirmative.
Mr. Legro said there may have to be an additional
contract.
Mr. Carroll said he would report next week, and re-
tired at 8:15 P.M.
Letter was received from the Board of Fire Commissioners,
in reply to the Board's letter requestingadditional infor-
mation relative to the appropriation of 18,500 requested
by the Commissioners for modernization of the Fire Alarm
Room at Fire Headquarters.
Mr. Sheldon said he thought any consideration of this
should wait until the Board has the Commissioners in to
discuss their budget, as there are some questions he
would like to ask.
The Chairman read a letter from Anton S. Morton and
Sabra W. Morton, 3 Rolfe Road, urging the Board to give
its approval to the land purchase presently under con-
sideration, that of the Swenson farm for conservation
purposes.
Notification was received from the Massachusetts
League of Cities and Towns of the opening of the period
Employe• for nominations for the League's Outstanding Municipal
of Year Employee awards.
Upon motion duly made and seconded, it was unani-
mously voted to nominate John J. Carroll, Superintendent
of Public Works, for Massachusetts Municipal Employee.
upon motion duly mode and seconded, it was voted
to grant a Common Victualler License to Harvey J. Cowrie,
License d.b.a. Village Variety Store, 93 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted
to grant Yearly Dump Permits to the following individuals:
Dump Gunnar Hemmingson, Bedford; Roy Holman, Pinehurst; John
Permits Maguire, Stoneham, andThomas Porter, Woburn.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Lions Club to use
Uses of Gary Memorial Hall on Wednesday, February 24, 1965,
halls from 7:Li5 P.M. to 10:30 P.M. for a Heart Seminar, free
of charge.
Use of
hall
Upon motion duly made and
to grant permission to the New
Association, Inc., to use Cary
March 27, 1965, from 6:00 P.M.
a charge of $35.00, plus $3.L1.6
overtime services.
The Board felt that in the event Town Meeting were
adjourned to Monday, March 29, 1965, the custodians
would have ample time Monday to clean the hall up and
prepare it for Town Meeting without incurring any addi-
rional charges for the Association.
seconded, it was voted
England Vegetable Growers
Memorial Hall on Saturday,
until 12:00, subject to
per hour for custodian's
583
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 conference with the Planning Board, the
Appropriation Committee, Capital Expenditures Committee,
and then just the Appropriation Committee, it was voted
to resume the open meeting.
TTpon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on January 18, 1965.
Invitation was received from Charles H. McArthur,
Jr., President of Country -wide Offices Corporation, to
attend a preview of the building constructed fort he
Northeastern District Sales Office of Burroughs Corpo-
ration on Saturday, January 30, 1965, at 4:30 P.M. The
entranoe driveway is the new Hayden Avenue Off Spring
Street opposite Raytheon.
Invitation was received from William D. Maitlanyi,.
Marine Corps League, to attend a presentation on the
safety and use of firearms to be held at the American
Legion Hall, Fletcher Avenue, on February 3, 1965, at
8:00 PM.
Notice was received from the Massachusetts Roadside
Council, 20 Louisburg Square, Boston, relative to hearings
scheduled for Thursday, January 28, 1965, before the Hearing
Mercantile Affairs Committee, at 10:30 A.M. in Room 1.23
at the State House.
The Chairman stated he had received this evening
a report from the Advisory Committee to the Board whose
directive was "A study group on the human relations
problem, to report back to the Board of Selectmen no
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 Clerk was requested to send a ccpy of the report
to each member of the Board.
Invitation
Invitation
It was unanimously agreed to meet on Saturday, January
30, 1965, at 9:00 A.P., to discuss budgets with Chinf
Rycroft; at 10:00 A.M. to discuss budgets with the Board
of Fire Commissioners and at 11:00 A.M. to discuss budgets
with the Recreation Committee.
Upton motion duly made and seconded, it was voted to
adjourn at 11:02 P.M.
A true record, Attest:
cxit,dive
eiv C1 , Select
Budget
meeting
74
C
4
ql
SELECTMEN'S MEETING
Streets
January 27, 1965
The Board of Selectmenheld a hearing in Estabrook
Hall, Cary Memorial Building, on Wednesday, January 27,
1965, at 8:00 P.M. Mr. Levi G. Burnell conducted the
hearings as Chairman pro tem. Mr. Robert Higgins, As-
sistant Town Engineer, and Miss Murray, Executive Clerk,
were present.
The Chairman called the hearings to order and intro-
duced Mr. Higgins, Assistant Town Engineer, and Miss Murray,
Executive Clerk. Be stated Mr. Higgins would furnish the
necessary technical information.
The Chairman explained the hearings are held for the
purpose of making and establishing layouts of streets to
be presented at the Annual Town Mooting in March for
acceptance. He also statednotices Of the Board's in-
tention to pass orders forthe extensions, layouts and
relocations, if any, were served by Constable to all
property owners as they appear on the most recent tax
list. He explained that each property owner would be
given an opportunity to see the plans, which were posted
on both sides of the hall, and to register opposition or
favor. Be further explained that the final decision as
to whether or not the streets would be accepted would be
made by the Town Meeting Members. He stated the streets
come in two sets; one set is the subdivision streets.
They are constructed under the subdivision control law and
the others are streets, older streets, that would be con-
structed under betterments.
The first street taken up was Albemarle Avenue from
near Anthony Road a distance of 465 feet, more or less,
easterly.
Albemarle No one appeared in favor or in opposition and the
Avenue hearing on Albemarle Avenue was declared closed. -
Hearing was declared open upon notice of intention
to lay out Frost Road from East Street a distance of
Frost 575 feet, more or less, northerly.
Road No one appeared in favor or in opposition and the
hearing on Frost Road was declared closed.
Hearing was declared open upon notice of intention
Saddle to lay out Saddle Club Road from 300 feet, more or less,
Club south of Bowser Road to 200 feet, more or less, west of
Road Todd Road.
No one appeared in favor or in opposition and the
hear ng on Saddle Club Road was declared closed.
Hearing was declared open upon notice of intention
to 1:y out Todd Road from 325 feet, more or less, east
of Bowser Road to Saddle Club Road.
No one appeared in favor or in opposition and the
hear ng on Todd Road was declared closed.
Hearing was declared open upon notice of intention
to 1:y out Turning Mill Road from Partridge Road a dis--
tans= of 1140 feet, more or less, southerly.
No one appeared in favor ,or in oppcsition and the
hear ng on Turning Mill Road was declared closed.
Hearing was declared open upon notice on intention
to a ter and relocate Skyview Road at Rangeway.
Mr. Higgins explained that the owner of the property
on t e corner, and the only individual involved, has Skyview
aske• that the corner be widened and this is covered by Road
the earing. He further explained the proposed alter-
atio and relocation is not only at the property owner's
requ=st, but was recommended by the Engineering Department
beea se of the change in the general road layout.
No one appeared in favor or in opposition and the
hearing on Skyview Road was declared closed.
t 8:15 P.M, the Chairman declared hearings open
on t e second set of streets and repeated his opening
remari.s for the benefit of those not present at the
8:00 P.M. hearing.
Todd Road
Turning
Mill Road
isearing was declared open upon notice of intention
to lay cut Grandview Avenue from Welch Road a distance
of 7 0 feet, more or less, easterly to Estabrook Road. Grandview
. Bosinoff, 11 Welch Road, asked how wide the Avenue
road ould be and what its impact on the abutters, the
cost ould be.
r. Higgins replied the layout, he believed, was
forty feet. The pavement within the layout will be
twenty• -four feet and the estimated cost is $10.00 a
front foot. He explained this figure is the highest
it will cost anyone. If the cost is less, the abutters
will •e billed at a lower amount, which may be apportioned
over period of twenty years.
. Bosinoff asked if the road would be graded so
there will be no water running off. He asked if there was
any _ arantee that it will. not cause water in his cellar.
. Higgins replied there would be no water getting
over :nd running off from the pavement.
. Bosinoff asked what the zoning restriction was
on the size of the homes.
586
The Chairman stated there is nothing in the Zoning
By -Law that covers the value of homes, but does cover
the setback from the front, rear and side land.
Mr. Bosinoff asked if homes could be built on
fifty foot premises.
The Chairman replied there is a section in which
fifty foot lots can b e establishes; certain sections in
Lexington do have fifty foot frontages.
Mr. Norman Newlands, 49 Grandview Avenue, asked
who initiated the petition and how many signatures
were on it.
The Chairman replied the petition was submitted
by Robert Ericson, 46 Shade Street and Lester E. Savage,
1 Carley Road.
Mr. Newlands asked if one person could petition to
have the r oad put in even if the rest offthe people
opposed.
The Chairman replied that it is not being decided
this evening whether or not this road will be approved.
This is a legal hearing called for the purpose of hear-
ing those in favor and those opposed. He stated with
this information the Board of Selectmen will make a
decision as to whether or not this road willbe con-
structed.
Mr. Newlands said he understood this builder at
one time started to put this street in on his own. He
asked, if the street is put in, wouldn't it be cheaper
for the Town to let him do it.
The Chairman replied the only thing that can be
acted on here is the petition from Mr. Ericson that the
street be constructed by the Town.
Mr. Newlands asked it it would do any good to get
an opposing petition up before the Annual Town Meeting
and submit it, that this road not be put in.
Mr. Higgins explained that on these petitions, the
Selectmen consider not only the number of owners, but
also the number of lots they own and the amount of as-
sessment that is going to be paid to the Town.
Mr. Newlands asked where the water would be brought
into this road.
Mr. Hig ,ins replied that is something separate, but
the plans for the water are from beth ends which will
tie a loop through..
Mr. Newlands said when he built his house, the Town
did not give him water.
The Chairman said Mr. Higgins was correct, it would
be to tie a loop.
Mr. Frederic W. Koury, 26 Eastern Avenue, said he
was not an owner of land on this street. The construction
of the street concerns the people on Welch Road. He said
Grandview Avenue is a few hundred feet from School Street
and many people mistake Welch Road for Grandview Avenue.
He said they were talking about an extension of a paved
road across an open field, where there is no road at the
present time. He said this paper street was laid out a
587
long time ago and since the paper street was laid out,
#chis neighborhood has been built up. He said the con-
stru tion of this field into a public way would serve no
usef 1 purpose, but would cause harm to this community.
He said it would cut across the front porch of the Cameron
home, would plow through and come close to many of the
buil•ings on Welch Road which would crate a hazardous
con•ition. He said the only purpose he could see served
here would be to subsidize a builder to construct a group
of ndesirable buildings and the construction of such
homes will create a larger burden on a badly crowded school.
He said he saw nothing to be gained by the Town in sub-
sidizing a builder to set up a field as a public way which
wil cause harm to twenty or tiirty homes on Eastern Avenue
and elch Road. He proposed that such paper streets should
be=liminated for any future consideration.
Mrs. Kenneth Gillman, 2)4. Estabrook Road, said if Grand-
vie- Avenue is put in, all the trucks and apparatus would
hav to go up Estabrook Road and all the children would
hair = to be kept in. The heavy trucks would cave in Estabrook
Roa• and the people would have to pay to have it fixed.
She said she would like to be recorded in opposition.
The Chairman asked if anyone present was in favor of
the petition.
Mr. Robert Ericson, )4.6 Shade Street, said he was in
fav r.
Mr. Lester Savage, Jr., 1 Carley Road, said he was
in avor.
The Chairman asked for a show of hands of those
pre-ent who were in favor, and counted three.
The Chairman then asked for a show of hands of those
pre•ent who were opposed, and counted seventeen.
A gentleman asked if this street was turned down
if another petition could be brought up.
The Chairman replied if there is another petition.
The gentleman asked if the only thing then would be
;¢he abolishment of paper streets.
Mr. Koury asked the procedure for eliminating paper
stir:.ets.
The Chairman advised that he discuss the subject with
the Planning Board.
The hearing on Grandview Avenue was declared closed.
Hearing was declared open upon notice of intention
to ay out Cutler Farm Road from Hudson Road a distance
of 32 feet, more or less, southerly.
Mr. Francis J. Holahan, Jr., 12 Cutler Farm Road,
ask:d how much it would cost per foot in front of his house.
Mr. Higgins replied Cutler Farm Road has been esti-
mat d
sti-mat:d at $5.00 a front foot; his frontage is 117 feet and
the estimated betterment is $585.00, the most he would
hav= to pay. If the cost is less, the actual bill will
rep esent .the lesser cost.
88
Cutler Mr. Holahan asked if there was any way of looking
Farm Road at this petition to find out how many are opposed and in
favor.
Mr. Higgins stated there were thirteen owners and
twelve of them wee in favor.
Mr. Holahan said from the looks of it, it looked
as if it would go in.
The Chairman explained this is a legal hearing for
the purpose of getting the information of those who are
in favor or opposed. The Selectmen will make a recommen-
dation to the Town Meeting and the Town Meeting will make
the final decision. He said these are all legal steps
required by law.
Mr. Holahan asked if Hudson Road would be done.
Mr. Higgins replied that hearing will come up next.
Mr. Holahan said he was in favor.
No one wished to be recorded in opposition and the
hearing on Cutler Farm Road was declared closed.
Hearing was declared open on notice of intention
to lay out Hudson Road from 110 feet, more or less, east
of Woodcliffe Road a distance of 530 feet, more or less,
easterly to Cutler Farm Road.
No one appeared in favor or in opposition and the
hearing on Hudson Road was declared closed.
Hearing was declared open upon notice of intention
to lay out Columbus Street from Cedar Street a distance
of 600 feet, more or less,. westerly.
Columbus Mr. Louis C. Bentley, Jr., 8 Columbus Street, asked
Street the cost per foot.
Mr. Higgins replied $10.00
Mr. Bentley asked why it was so high, why some were
$5.00 and some 10.00.
Mr. Higgins explained that generally the cost is
figured at $10.00 because drainage has to be installed.
With reference to the two $5.00 per foot streets, drain-
age is already in and the streets were up,to grade and
partially paved.
Mr. Bentley asked if there was any way of telling
what the elevation is in front of his lot.
Mr. Higgins explained not at the present time. He‘
explained construction plans cannot be made until after
Town 1°leeting, but generally the grade that is there now
will be held.
Mr. Bentley mentioned water in his driveway and cellar.
Mr. Higgins stated as soon as the plans are prepared,
Mr. Bentley could come in and look at them. The plans
are generally read by about June 1.
The Chairman asked for a show of hands of those
present who were in favor and counted five. No one present
was in opposition.
The hearing on Columbus Street was declared closed.
Hearing was declared open upon notice of intention
to lay out Bennett Avenue from Tarbell Avenue a distance
of 160
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90% wou
eet, more or less, westerly to Chase Avenue.
one appeared in favor or in opposition, and the
on Bennett Avenue was declared closed.
ring was declared open upon notice of intention
ut Chase Avenue from Bennett Avenue a distance
eet, mcre or less, southerly.
• Elizabeth Keddy, 59 Chase Avenue, asked when
et would be paved,if accepted.
Higgins stated it will take two months to make
nother month to get started. It would be July
ing anywhere through October. He explained all
ets would be put in one contract.
• Keddy asked how she could find out what con -
would do the job.
Higgins replied it would be in the paper when
ctmen award the contract.
one wishing to be heard in favor or in opposition,
ing on Chase Avenue was declared closed.
ring was declared open upon notice of intention
ut Melrose Avenue from Bow Street a distance of
more or less, westerly to Cliffe Avenue.
s Gladys Rix, 12 Melrose Avenue, said she was in
d asked about assessments on corner lots.
Higgins explained that the abutter pays on the
rontage only. If she was assessed on a shorter
, the aeditional assessment would be the differ -
ween that and the longer frontage.
s Rix asked if being brought up at a hearing like
re was a good chance the street would be accepted
▪ Chairman explained this must go before Town Meet -
is hearing tonight is a legal hearing and held
of a legal petition. It is at tris hearing record
of those in favor and those in opposition. The in-
n is taken back to the Board of Selectmen who will
ecision which is in the form of a recommendation
pring Town rl..eting. He stated it will b e at this
ting that the Town Meeting Members decide whether
he street will be accepted.
s Rix asked if this was the biggest obstacle or if
h Meeting was the biggest obstacle.
Chairman replied the March Meeting would be the
obstacle.
s Rix said this is the fourth attempt that has been
have the street accepted.
Chairman said the first step in starting this along
egal petition. Each year the Board has petitions
d to it. There is so much money that can be spent
ts. The Board tries to hold this to a reasonable
ach year. It tries first to sort out those where
a greater number of people on the street who have
he petition. For instance, a petition signed by
d get preference over a petition signed by 15%.
w ..
Bennett
Avenue
Chase
Avenue
Melrose
Avenue
590
Mr. James Mortensen, 5 Melrose Avenue, asked if the
sewer was put in the lower end of the street, and Mr.
Higgins replied in the affirmative.
Mr. Mortensen asked if the Town takes care of the
street as it is now.
Mr. Higgins explained that the Town can do no work
on a private way and by special permission only are
private ways plowed. He said legally the Town can do
no work on a private way.
Mr. Mortensen said he owned a house on the corner,
80 Bow Street, and asked what it wculd cost.
Mr. Higgins said he did not see one listed for 80
Bow Street and stated that on the plans posted on the
walls for inspection, the frontages being assessed are
shown.
Mr. Robert Allen, 72 Bow Street, asked what the
betterment work consisted of.
Mr. Higgins replied there are no sidewalks, but
there is a drainage system.
The Chairman asked for a show of hands of those
present who were in favor and counted seven. Noone
was recorded in opposition, and the hearing was declared
closed.
Hearing was declared open upon notice of intention
to lay out Wright Street from Skyview Road a distance of
Wright 300 feet, more or less, southerly to James Street.
Street Mr. George S. Gordon, 17 Skyview Road, asked what
was included
Mr. Higgins replied drainage and pavement. He
explained if the street is accepted, the dry sanitary
sewer will b e put in.
Mr. Gordon asked when it would be completed.
Mr. Higgins replied at least by October the follow-
ing year. He said they would not be able to use the
sewer, if approved by the Selectmen and Town 1"leeting,
until some year in the future.
Mr. Salvatore Ciccariello, 13 Skyview Road, refer-
red to the dry sanitary sewer mentioned and asked when
the sews r wculd be put in Winter Street.
Mr. Higgins replied there is a petition for sewer
from Morris toward Bedford and that itself involves a
trunk sew€r. He said there has been no declaration on
anyoneSs part as to when that sew .r wilibe put in.
Mr. Ciccariello asked if the sewer comes up Skyview
Road and there is a dry sewer in Wright Street, if he
would connect to Skyview Road.
Mr. Higgins replied if the plumbing goes out that way.
Mr. Ciccariello asked about his cost for the sewer
and street on Wright Street.
Mr. Higgins said he did not have the sewer figures.
The Street assessment is $5.00.
The Chairman explained the hearing is on streets
only so Mr. Higgins is not prepared to give out figures
on the sewer . He said Mr. Ciccariello could call at
016.0
W
1
Mr. Higg
Mr.
he may n
asked wh
Mr.
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not buil
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that are
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have ina
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get the
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the pave
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receive
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of the c
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be put a
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No
hearing
A true r
ns r office for that information.
Ciceariello said if the dry sewer is put in,
t be able to use it for four or five years and
n he would have to pay for it.
Higgins replied when the sewer is connected.
Antoinette Hitchcock, 3 Wright Street, asked
wer could be connected even if the street is
. She said she spoke to someone in the office
her there would be lines going under from Grove
Higgins said ou d i ssible to sewer
from Grove St.� I ou possibly go up
eet but not from Grove Street. He stated he may
vertently said Grove Street, but he did not mean it.
Chairman said if Mrs. Hitchcock wanted infor-
sewer, it would be much better for her to go
gineerts office at the Town Hall where she could
orrect information. He said Mr. Higgins has a
wledge of the streets and sewers in the Town
e can be that well informed that he could make
nt here that would be firm.
Hitchcock said Mr. Higgins said When a street
n, it would be at a level and other yards would
he rain water into the yards.
Higgins stated there will be no water going from
nt into anyone's yard.
Hitchcock said, in other words, they would not
ater from the pavement into her yard.
Higgins said that was correct.
Ann Baum, 4 Wright Street, asked where the storm
uld be placed.
Higgins replied they try to put two at the end
rb, but he could not tell until the construction
e ready. He said in this instance, a lip would
the end of Mrs. Baumts driveway.
ne else wishing to be recorded in favor or in
n, the hearing was declared closed.
ing was declared open upon notice of intention
t Bruce Road from Hillside Avenue a distance of
more or less, easterly.
ne appeared in favor or in opposition, and the
as declared closed at 9:07 P.M.
cord, Attest:
Bruce Road
59S
VOID
1
1
SELECTMEN'S MEETING
February 1, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, February 1, 1965, 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.
At the request of Miss McDonough, Temporary Town
Clerk, five jurors were drawn. The individuals drawn Jurors
were as follows: Gerald E. Cowperthwaite, 67 Bridge
Street, Theodore A. Haddad, 36 Reed Street, Donald P.
Noyes, 261 Waltham Street, Duane A. Haugen, 15 Normandy
Road, Ford D. Brown, 1 Belfry Terrace, and Millard G.
Owen, 39 Reed Street.
Hearing was declared open upon petition of the
Boston Edison Company for permission to install about Conduit
15 feet of conduit in Westview Street. location
Mr. Serverson, representing the petitioner, was
the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed'on the petitioner's
plan and also filed with the Superintendent of Public
Works.
Mr. Serverson explained it is intended to go from
a pole to a manhole going into Itek.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit lo-
cation:
Westview Street, at Maguire Road, a distance of about
15 feet - conduit.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one
pole in Massachusetts Avenue, at the intersection of
Follen Road and Pleasant Street.
Mr. Serverson, representing the petitioner, was Pole
the only person present at the hearing. location
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner's
plan, and also filed with the Superintendent of Public
Works.
Mr. Serverson said the pole location will light the
intersection and is being located where Mr. Carroll,
Superintendent, had requested it.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the re-
quest and sign the order for the following pole lo-
cation:
Massachusetts Avenue, in traffic island, at inter-
section of Follen Road and Pleasant Street,
One 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
Pole on Sylvia Street.
location Mr.Serverson, representing the Boston Edison Com-
pany, was the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioners, owners of property as listed on the petitioners'
plan and also filed with the Superintendent of Public
Works.
Mr. Serverson explained the request is to set one
pole;: to service two new homes.
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:
Sewer
Sylvia Street, southeasterly side, approximately 1.70 feet
southwest of Massachusetts Avenue, --
One pole.
Mr. Legro and Mr. Gray left the meeting to go over
the warrant articles.
Mr. Carroll reported, with reference to the North
Lexington Force Main, that he and Mr. Gray met with a
Mr. Greeley, of the State Sanitary Engineering Depart-
ment, last Wednesday in regard to the force main and
the Winter Street trunk sewer. According to Mr. Greeley,
the force main project will be eligible for 30% aid after
funds have been appropriated and application made. The
Winter Street sewer will not be eligible.
Mr. Carroll referred to a question raised at a previous
meeting in rega-.•d to the possibility of extending the
water main along the so-called Frontage Road, and said
he had prepared some figures for the Board. He presented
1
a plan and indicated the property in question. He ex-
plained the total betterment that could be assessed
would be $1596 on one side of the street and 4;334 on
the other side. He said the Board is talking $35,000
or $40,000 to extend the main so the return of better-
ments is small. He suggested the same arrangement used
with Cabot, Cabot & Forbes and advise the people inter-
ested in rezoning that if tics was proposed the Board
should talk about getting one-half of this cost back
which would be something like $9.00 a foot, total cost.
The Chairman asked if they accepted a half and half
formula how much the Board would get back.
Mr. Carroll replied a little over $4,000, and it
will cost the Town the same. He said the Board should
be thinking about getting this into a State contract.
The Chairman said it is important that the Board
approach them and try to reach an agreement.
Mr. Carroll referred to the article on the so-called
Scott land and said a decision has to be made as to ex-
actly what the Board wants to give up in terms of juris-
diction. He presented a plan entitled "Plot Plan of
High School", and indicated the area involved. He had
outlined in red what he thought the Board might consider.
The plan as submitted was basically approved.
The Chairman read a letter from John A. Bellizia,
on behalf of the Pine Meadows Country Club, dated
January 25, 1965, relative to a water bill he received
and claimed to be excessive. A copy of the communi-
cation had been sent to Mr. Carroll.
Mr. Carroll reported that Mr. Bellizia paid the
old bill on July 13, which was $241.01. The bill for
theperiod between April 16, 1964 to September 16, 1964:
was $420.83. He said he thought Mr. Bellizia repaired
the leak some time after the reading was made in April
so the excessive use continued beyond the last reading.
He said the club never had a bill anywhere near this
amount before. He said the reference made in the letter
was to an abatement the Board granted Mr. Bradford Giddings,
and tills case is nothing like that. He reported that the
meter was checked today and there is no leak.
The Chairman said this comes down to who had the
best chance of discovering the leak. The Town had no
chance because it was on the other side of the meter and
it was on his property.
Mr. Cataldo said he could not see how anyone could
have a leak in the house and not become aware of it and
said the Board did grant Mr. Giddings an abatement.
Mr. Carroll said the Clubs meter was read in April,
at which time it was told the bill was high. Then the
Water
main for
Frontage
Road
Scott land
4
meter was read in September.
The Chairman said there is more use of water at the
Golf Club during that period, and asked if Mr. Carroll
would be prepared to make a recommendation.
Mr. Carroll replied on the basis of the information
he has now, he thought the bill should stand.
Mr. Cataldo said he agreed there should be no abate-
ments beyond the meter, regardless.
Mr. Burnell said he thought this s'iould be a policy
of the Board.
Mr. Sheldon suggested no action.
Upon motion duly made and seconded, it was voted
to deny Mr. Bellizia's request for abatement.
Mr. Cataldo was recorded in opposition.
Mr. Sheldon asked if he thought this case was com-
parable to the other one.
Mr. Cataldo replied he thought it was identical,
that the Board was wrong in the first place and:,never
should have started this.
Mr. Brown stated the abatement granted on the other
requet was on the second six-month period.
The Chairman read a letter from Harold G. Wilson,
112 North Road, Bedford, relative to an open ditch between
Eldred lots 411 and 110, near the intersection of Eldred and
Street Justin Street.
ditch Mr. Carroll advised that Mr. Wilson is building some
houses on Eldred Street. He presented a plan and pointed
out the ditch to which Mr. Wilson referred. Mr. Wilson
came to him and suggested that the Town cover the brook.
He said he told Mr. Wilson he did not think the Board
would go along with this because it would benefit only
two people. Mr. Wilson then sugFested that if the Town
would lay the pipe, he would supply it. Mr. Carroll said
this would cost him at least $3,000. He said there is a
possibility that it may not be possible to put a sixty
inch pipe in there and it may be necessary to put in twin
pipes which would cost him more money. He said the Town
would have to lay the pipe, which would not be easy, and
the amount involved is between $1,000 and $2,000 for the
Town.
The Chairman asked if the Town had ever done any-
thing like this before, and Mr. Carroll replied in the
affirmative. He explained tht Mr. Massimilla on Bow
Street supplied the pipe and the Town installed it. He
said Mr. Wilson is willing to grant a permanent easement
to the Town.
The Chairman said there would be agitation to have
the remaining part of the brook covered.
Mr. Sheldon said if there is vacant land down stream,
sooner or later someone else will want this covered.
1
Mr. Carroll said if the Board does decide to have
this ditch piped, he would not recommend reimbursing the
builder for the cost of the pipe
Mr. Cataldo mentioned it would cost the Town a total
of $20 or $25 a foot including labor.
The Chairman said this is a problem of a private
developer and not a problem of the Town.
Mr. Carroll pointed out that six months from now
the builder may be gone and have sold the houses which
will be fifteen feet from the open dith.
Mr. Sheldon said he agreed there was a problem when
the houses are occupied, but there is another problem
coming up down the line.
Mr. Brown said he would be opposed to this because
it is for a developer and he was sure the purchase price
was based on the condition of the land.
Mr. Sheldon asked where the Town's liability began
and ended if nothing is done, this land is developed and
flooding occurs.
Mr. Carroll replied there will be no flooding here
because the Town is cleaning out this brook and there
will be a good brook system there.
Upon motion duly made and seconded, it was voted
not to pipe the ditch.
The Chairman read a letter from Soule Brothers, Inc.,
640 Lowell Street, in regard to a water condition on the
street. Flooding
Mr. Carroll recommended that, if the situation has on Lowell
existed as long as it has, it could wait one year. He Street
proposes to build that section of the street next year,
at which time the street will be crowned and there will
be drainage. He said this would take care of the entire
problem.
Upon motion duly made and seconded, it was voted
not to take any action on the matter until next year,
and to advise Soule Brothers that it is the Board's in-
tention, in connection with the reconstruction of Lowell
Street, to do this portion next year, at which time
drainage will be installed.
Mr. Alfred P. Tropeano's letter with reference to
sewer betterment assessment levied against property of Sewer
Warren T. and Elizabeth Ferguson, Fairbanks Road, was betterment
held over at the request of Mr. Carroll for another
week.
Upon motion duly made and seconded, it was voted
to sign forms, submitted by Mr. Carroll, identified as
Memo No. 21513 and 22158 upon request of J. J. O'Brien
& Sons, Inc., to sublet certain items of work in the
Chapter 90 Street Contract.
Chapter 90
6
The Chairman read a letter from Mary R. McDonough,
Temporary Town Clerk, together with bids received on
School the Middleby Road School Loan.
loan Upon motion duly made and seconded, it was voted
to accept the bid of 3.00% at 100.4056 submitted by the
Smith, Barney & Co., Inc. for the $1,345,000 Middleby
Road School Loan.
Letter from the Minuteman Council, Inc. Boy Scouts
Shoveling relative to shoveling hydrants after winter storms was
hydrants referred to the Fire Commissioners.
School Minutes of the Joint School Committee and Adminis-
Salary trator Salary Advisory Committee Meetings held on
ueatings January 20, 1965 and January 27, 1965 were received.
The Chairman suggested that the members of the Board
familiarize themselves with the minutes.
Report of the Advisory Committee on Human Relations
Report was held over for one week.
The Chairman read a letter from the Lexington Jaycees
April 19 relative to location for a refreshment booth on April 19,
booth It was agreed to follow the same procedure established
last year.
Upon motion duly made and seconded, it was voted to
Dump issue Yearly Dump Permits to the following:
H. F. Green & Sons, Inc., 257 Northern Ave., Boston
Arthur G. Mitchell, 58 Old Lowell Road, Westford
At 8:22 P.M., Messrs. Abbott, Lund and Mrs. Morey
of the School Sites Committee, members of the School
Committee, Standing School Building Committee, Appropri-
ation Committee and Capital Expenditures Committee met
with the Board.
Mr. Abbott distributed financial information entitled
"Comparative Costs (Revised 2/1/65)" with reference to
A. -Morland Avenue school site; B. -Pleasant otreet (School
Committee Estimate Corrected); C. -Pleasant Street (Sttes
Committee Estimate).
The Chairman explained the joint meeting was to hear
the results on the investigation of the various school
sites; either Moreland or something in place of Moreland.
He requested that all questions be directed to Mr. Abbott.
School Mr. Abbott explained that Mr. Steele, Chairman of the
sites Committee, is in Florida and stated that the Committee had
prepared new sites here with the correction on the amount
on Moreland which was originally estimated for $30,000.
He stated at the time the Committee made its report, the
1
architect had not fig red what was already spent. Now
they come up with a fig re of $10,830 instead of $30,000.
Mrs. Morey suggest =d that the figure of $30,000 be
dropped from each of th_ three columns on the Comparative
Costs explanation.
Mr. Cataldo said t e $30,000 for land acquisition has
been appropriated but h.s not been spent, and the purchase
price is not known.
Mr. Abbott advised that approximately half the land
has been acquired.
Mr. Gray reported he Town has made the taking,
but has not seastled the price.
Mr. Abbott reportehe called the Lucky Penny Trust
todayand they recently purchased the last of this land
for 5,000 an acre. 1 ey don't want to sell the land.
The Town would have to ake it. If it is taken, they
assume they have a layo t for 36 lots, the final location
of EYierson Road might t:ke two or three lots. If they
have thirty-three lots they feel they are worth $10,000
each.
Mr. Fenske asked if they would be interested in ex-
changing for Tarbell.
Mr. Abbott replied they would be losing a school
site.
The Chairman said the Board of Selectmen was to in-
vestigate other sites, •ut the final decision was to be
left with the School Co ittee, Standing School Building
Committee and School Sites Committee. He said he did
hear that all three were unanimous in keeping the Moreland
Avenue site.
Mr. Abbott said they had a discussion meeting.
The Chairman said t e Selectmen are interested in a
site if it would cost less money and be good for the Town,
but it is not the Select en's jurisdiction but that of the
School Sites Committee to come in with a recommendation.
Mr. Fisher said this last figure was something they
did not have before they came in, and if it costs the Town
this muc , this puts ano her light on this. He said the
School C.mmittee, had it been given an option of Pleasant
Street o Moreland Avenue in the beginning, would have
picked M.reland Avenue in the beginning, and it still does
not consider Tarbell agood site. The School Committee
does not feel Tarbell is a good site now or in the future.
He said ith these costs figures, he did not think the
School C.mmittee's point was so strongly in the picture on
Pleasant Street. He said as far as the operation is con-
eerned, he committee prefers Pleasant Street to Moreland
Avenue b:cause it would be easier. He stated that for
the Plea ant Street very few children would have to be
7
bussed. It is not known how soon the Carroll and Swenson
property will be developed so there will be a period of
time for bussing. He said if this land is going to cost
$230,000.00, unless the Town would like to include it in pur-
chasing open land or it could be swapped for Tarbell, these
other arguments lose some of their weight.
Mr. Cataldo, referring to the $230,000.00, said the
Board woaldn't even consider the price. The last purchase
that went through, although they paid $45,000.00 an acre,
it was $2500.00 a lot for the land they bought and the
thirty-six lots would bring it up to $90,000.00. He
pointed out they established this value themselves. He
stated this $90,000.00 would be what the Town would be hit for b
by going to Court. The School Sites Committee has an
article in connection with obtaining 30% Federal aid. He
said, with reference to Moreland Avenue, if the school were
built now, the only access would be Philip Road. Three
years from now, when Worthen Road is built, another access
would have to be built. Then there would be 1542,000.00 for
the development of Worthen Road for the school site. He
said this is what the Capital Expenditures is carrying.
Then an access would have to be built from Worthen Road
to the school and asked if anyone had these costs.
Mrs. Morey referred to the figure of $90,000.00 and
said the committee has not discussed an access from farbell.
Because of the bad traffic on Pleasant Street, there would
have to be an elbow. She said the Planning Board has in
mind, when Emerson Road is built, the corner will have to
be cut off. She said building at Pleasant Street would
precipitate the widening and make it immediate, an expense
the committee has not figured.
Mr. Cataldo said it is not known where Emerson Road
is going.
Mr. Abbott said there is a plan for Emerson Road,
approved by the Planning Board, and it goes right through
this property.
Mr. Cataldo said this was not so in the layout the
Board had. He said the plan Mr. Carroll had here would
not affect the layout of the school or the road.
Mr. Abbott said Mr. Carroll estimated it might cost
the Town $60,000.00.
Mr. Cataldo said no one knows if Emerson Road will
ever be built.
Mr. Abbott said it is difficult for the Sites Com-
mittee because it has outlived other committees. It
started with committees who approved Tarbell.
The Chairman said he would just as soon forget Tarbell
and hope that something could be agreed on.
Mr. Fenske stated Town Meeting objected to $341,000.00
for site development. He said land values should not
1
1
1
be given consideration in this because no matter where
the Town goes to purchase land, it is going to be ex-
pensive. He suggested that the cost of land at Pleasant
Street should not enter into this at all.
Mr. Noyes said these two committees were supposed to
get together and possibly this discussion was a waste of
time.
Mr. Abbott said the Sites Committee thought the Build-
ing Committee and School Committee agreed with the Sites
Committee. He said the Sites Committee has not cnanged
its mind and is unanimously in favor of going ahead with
Moreland and not going ahead with Pleasant.
The Chairman said it was his understanding that.
the three committees ha( met and were unanimously in favor
of one site.
Mr. Cataldo said this was true, but new figures have
come up since.
The Chairman said it was in order for these three
committees to get together.
Mrs. Morey said there was a meeting on January 11 or
19, and at that time, Mr. Steele had talked to White who
said the early figure was wrong and that is why the com-
mittee put $90,000.00. She said the committees all came
together with certain dollars and when the meeting adjourned
that night, the Sites Committee thought all were in agree-
ment and it was settled. Then came a letter from Mr. Viano
and then a letter from the Board.
Mr..Barnaby said they did agree on Moreland Avenue as
a site. Other facts have come in, an exchange of Tarbell
for Pleasant.
Mr. Fisher said the School Committee wanted to oe sure
all the facts and opinions had been agreed on and apparently
they•have not, and dealing with estimates makes it very
difficult. He said the School Committee agreed to Moreland
as a site and would have been happy to have Pleasant if it
were available.
The Chairman suggested that the three committees and
the Capital Expenditures Committee resolve the figures
and come up with a recommendation that they can all live
with.
Dr. Fobert suggested that the Appropriation Committee
go over the figure.
Mr. Blaisdell said such things as streets, access,
sidewalks and everything involved has to be taken into
consideration. He said, with reference to the Appropri-
ation Committee becoming involved, it is too busy at this
time and he did not think it was the Committee's province
to go out and search for the facts. He proposed a com-
mittee come in with a statement of facts and not theoretical
figures which they have now. He said the Sites Committee
10
did procure Moreland. It can procure Pleasant Street.
The School Committee has said either site. Now the question
is of getting together the facts and what it will cost.
Mr. Abbott said these figures are not as far different
as Mr. Blaisdell thought. He explained A and B are the
same as the School Committee figured.
Mr. Blaisdell said he did not think all the points
involved had been taken into consideration such as the
difference between the cost of sidewalks on the two sites,
what it will cost to develop a road at Pleasant Street and
these are real costs to the Town. He said the $30,000.00
for land has already been spent.
Mr. Barnaby said, depending on the Swenson develop-
ment, they may need Pleasant as well as Moreland in that
area.
The Chairman asked if the School Sites Committee was
prepared to answer Town Meeting with these figures.
Mr. Abbott said without going into sidewalks and all
the engineering details which they did not have to do.
Mrs. Morey said the School Sttes Committee does not
like the location of Pleasant Street which is too close
to Adams and too close to Tarbell; Moreland Avenue is
better spaced from Adams and Franklin. The development
it sees is in that area of Dailey, Meek, Walker and maybe
the Swenson farms from which to draw children. As for
the Pleasant Street area, the Tr^ff is will always be there.
The Chairman said he understood the School Committee
has no strong feeling.
Mr. Fisher said the committee agreed to the Moreland
Avenue site.
Mr. Barnaby said the committee would build wherever
it is asked to.
Mr. Lund said there will be a saving at the Pleasant
Street. It is not possible to say there will be a' saving
at another site. There may be a saving or a loss and he
asked why go ahead with a site that could be a loss.
Mr. Noyes asked if there was an article in the warrant
to purchase another site.
Mr. Abbott replied there pre two school sites articles.
One they have for another site and one fcr this site if the
Town wants to put it in. If not, the committee has another
site which it hopes to work on. There are three sites in-
volved, and Pleasant Street is the third one.
Mr. Noyes said if Pleasant Street is in as an article,
the report makes some sense.
The Chairman said the Town Meeting asked a question
and the Board is not obligated to put in an article if in
the wisdom of the committee it decides there should not be
an article, but the Town is still entitled to an answer.
Mr.Fisher said the Town raised the question and there
must be an answer because if not, and the committee comes
ata -
1
1
11
back in the fall to build a school on Moreland Avenue, it
may be too late to answer the question to prevent a reaction
against the school. He said he thought Moreland' apparently
was the best site according to the committee and this should
be told to the Town well before it comes in for Moreland
Avenue as a site. He said the School Committee would
operate the school, regardless. It would prefer Pleasant
Street, but the important factor is to get the school next
fall.
Mrs. Morey said the Town voted two schools.
Mr. Barnaby said the money was voted for construction
of the Moreland Avenue site. There was a gentleman's
agreement that the construction would be delayed by six
months or a year.
Mrs. Touart said it was also agreed to make some
explanation to the Town Meeting. She said there should
be an explanation to each Town Meeting Member.
Mr.Mabee recalled that the question was raised,
not by the Town Meeting, but by the committee in pre-
senting the article. He said they were not satisfied
with the article and said it would take another look at
another site. It was the committee's proposition to
the Town. The committee was not satisfied with Moreland
either after the bids came in.
Mr. Cataldo asked if it was the School Committee's
position it does not want Tarbell.
Dr. Fobert replied it is the least desirable.
Mr. Cataldo asked if the School Sites Committee
was still considering Tarbell.
Mr. Abbott replied in the affirmative. He said if
the Committee gets a school site and has approval of the
School Committee, and it is then turned down, the Com-
mittee will have a site. He said there just is not enough
land.
The Chairman said as he understood it, the School
Sites ComAttee is willing to support its recommendation.
The group retired at 9:13 P.M.
Mr. Legro, Town Counsel, and Mr. Carroll, Superintendent
of Public Works, returned to the meeting.
The Chairman referred to a telephone call he received
from Mrs. Rhoda Gelles, 30 Turning Mill Road, about plow-
ing the sidewalk. He said the Board agreed to plow on Sidewalk
Turning Mill Road but it is not plowing from #30 down to plowing
#1.
Mr. Carroll explained there is no sidewalk there. He
said Mrs. Gelles may feel the Town should plow where a
sidewalk will be, but he did not recommend it.
The Chairman asked Mr. Gray to contact Mrs. Gelles.
12
Uses of
Halls
Minutes
Articles
Upon motion duly made and seconded, it was voted
to grant the following uses of halls:
Lexington Lions Club Cary Hall Glaucoma Clinic
free of charge, but subject to custodian's overtime
service charge.
Lexington Science & Engineering Cary Hall Dinner
free of charge, but subject to custodian's overtime
service charge.
Stanley Hill Post American Legion Cary Hall Magician Show
free of charge, but subject to custodian's overtime service
charge.
Upon motion duly made and seconded, it was voted
to lay out as town ways the following:
Albemarle Avenue
Skyview Road (alteration)
Frost Road
Saddle Club Road
Todd Road
Turning Mill Road
Bruce Road
Cutler Farm Road
Hudson Road
Columbus Street
Bennett Avenue
Chase Avenue
Melrose Avenue
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held
on January 23, 25 and 27.
Nr. Legro referred to the warrant for the Annual
Town Meeting and said as he understood the situation,
there is no need in this Town Meeting to have any refer-
ence for the sale of the Old Fire Station Site on
Meriam Street.
The Chairman said he could see no reason for put-
ting it in.
Mr. Gray reported that the Fire Commissioners had
requested that the fire alarm article be taken out and
the communications appropriation be increased by $3,000.
The Chairman said that article would be out.
Mr. Legro said there are three proposed Planning
Board articles; one relative to contracting with plan-
ning consultants for financial needs and resources of
the Town; one that requests an appropriation for con-
sulting planning for a study and approval to make appli-
cation for Federal funds under "701". He said it would
depend on the outcome of the Planning Board meeting.
1
13
Mr. Gray said he thought the "701" was out as far
as this warrant is concerned; what will happen at another
meeting is something else again.
Mr. Legro said he thousht he could work with the
Planning Board relative to contracting with Planning
Consultants, etc., was concerned.
Mr. Legro asked the Board if a decision had been made
this evening in regard to #1 Baskin Road. This was sale
of land to Albert Wilson.
Mr. Gray reported that he would know definitely
tomorrow. He said he did not think Mr. Wilson wants
the land now.
Mr. Legro said if anything is to be done about this,
it is on the edge of time.
Mr. Legro advised that the Board should have a vote
from the School Committee in regard to selling this
parcel of land, andMr. Gray explained that such a vote
had been received.
Mr. Gray reported that he contacted Douglas Ross
with refe-ante to possible exchange of equal parcels of
land at the end of Dawes Road, originally requested by
Mr. Ross. He said Mr. Ross wanted to make an offer but
felt there are circumstances which would provide that he
should not. It was mutually agreed not to insert an
article in this warrant. He will meet with the Board
at some future time to discuss an article for another
Town Meeting.
Mr. Legro reported he has nothing on school articles.
Mr. Gray advised the only one Mr. Steele discussed
with him for this Toban Meeting was the Cotton land.
Mr. Legro reported he had nothing on the new school
sites or anything else.
Mr. Gray said he was going ahead with the one Mr.
Steele told him about and the Engineering Department is
compiling the necessary information on this one.
Mr. Cataldo said the closing date of the warrant was
extended to January 8 for them and anything that is not
in will not go in the warrant.
The Board agreed to include an article on the acqui-
sition of the Cotton land.
Mr.Legro said he had to know what the Board proposes
to do in regard to the Hunt Block before he can possibly
prepare an article.
Mr. Cataldo said there will be two articles; one for
the front taking and the second one would be the permission
to sell it back.
Mr. Legro said the Board might propose to exchange the
rear land in part payment for front land.
Mr. Cataldo said that was correct.
Mr. Legro explained since it is not part payment, the
Board will not be setting a minimum price for it, which the
Statute requires, so some consideration will have to be
given to that.
Mr. Cataldo asked if Mr. Legro thought this should be
put in as an exchange.
Mr. Legro said he did not think it was doing to work
out that way because the front land has a building on it
and the rear land does not, so it can't be an exchange.
He said some thought will have to be given, assuming that
the rear land was acquired, by some way other than purchase
He said the rest of it appears to him, from the plan he has
seen, to be within the location of Depot Square and he has
no knowledge of how that was acquired and neither does
anyone he has talked to. He said it may be necessary to
set a minimum value tLere. He said there is a question
as to the location of the line because a taking of
Twenty-six feet would leave about a four -foot offset from
the present building line. He said twenty-six feet is
four feet less than the building line taking at that
point.
Mr. Cataldo said if they are going to enlarge the
building, it might.
Mr.Legro said this might be in much the same posi-
tion as the fire station lot. As he saw it, the taking
line would run from the common boundary of the Investment
Real Estate Trust of America and the northwesterly boundary
line of the Hunt property. This would be an acquisition
of that to acquire the land bhe building or portion of
buildings within that area. He said it would have nothing
to do with the question of the layout of Massachusetts
Avenue which will necessarily come later because there is
not enough time left.
Mr. Gray reported he received a call from the Jaycees
regarding charging for the enclosed field. They have
Use of applied for theuse of the field for a circus. The
'enclosed question has come up because of a charge on recreation
field property. He said this is a broader question than ,just
the enclosed field. It is charging for anything on pro-
perty owned by the Town acquired for recreational purposes.
Mr. Legro advised it is generally held that admission
cannot be charged.
The Chairman said then the Board cannot give the
Jaycees permission to use the field and charge admission.
He asked Mr. Gray to so advise the Jaycees.
Mr. Legro retired at 10:18 P.M.
1
Upon motion duly made and seconded, it was voted
to recommend an appropriation of $213,500.00 for Sewer
Construction - Sundry Streets.
It was further voted not to recommend installation
of sewers this year in Burlington Street, Cushing Street,
Demar Road and Turning Mill Road, Dewey Road, Grandview
Avenue, Meriam Street, Redcoat Lane, Sullivan Street,
Winter Street, Wright Street and Wyman Road.
Mr. Carroll retired at 10:45 P.M.
Mr. Gray reported that Anne Barnes, Clerk in the
Building Department, is leaving her position to be
married and will be living out of Town. He said that
he and Mr. Irwin thought there might be a Junior Clerk
already working for the Town who would be interested
in applying for this position. If there is no indication
of interest, he will advertise.
It was agreed to make the vacancy known to the
employees.
Mr. Gray referred to the projected pay plan ap-
proved by the Board for the sixth step and longevity.
He said there was no discussion at the time the plan
was proposed in regard to employees being paid on a
flat rate, such as the Civil Defense Director, Veterans'
Agent, and the Inspectors.
The Chairman asked if the individuals to whom he
referred were part-time employees, and Mr. Gray replied
in the affirmative.
Mr.Sheldon said he did not think this group should
participate, as the plan was intended for full-time
employees.
Mr. Burnell said the Board decided not to include
any part-time employees.
Mr. Cataldo said this wan discussed Saturday, and
it was decided to take each case individually.
Mr. Sheldon said longevity does not apply to part-
time employees.
Mr. Gray said he assumed longevity does not apply
to elected officials.
Mr. Burnell.said he could not see how they would
come under this.
Mr. Gray said, as he understood
applies only to full-time employees
to elected officials for either the
it, the policy
and does not apply
sixth step or the
longevity.
Mr. Cataldo said there are part-time employees who
do not have to be here every day, and there are others
who have to be here every day.
Mr. Sheldon said that is a matter of an individual.
15
Sewer
Construc-
tion --
Streets
Salary
policy
16
Gourdeau
Retirement
The Chairman said, to the best of his memory, the
Board had not considered part-time employees in this
program.
Mr. Edward Gourdeau, fireman, met with the Board
and said as of this date, he has not received any notice
in regard to his retirement except what he has read in
the minutes of the Selectments Meeting and read in the
Minute -man. He said he has letters from seven doctors
he could return to light duty work and letters from five
doctors at the Syammes Hospital saying he could return
to light duty, but he has never received any official
notice. He reported he went to the East Lexington
Fire Station and the Commissioners stated the Selectmen
had submitted his resignation to the Retirement Board
for processing. He said he felt it was unjust and the
letters submitted to the Retirement Board were an in-
justice to him. He said he was discharged from the
hospital on January 15 and is qualified to return to
duty. The Board of Fire Commissioners said the process
was going through and they would wait for theState and
Town doctors. He said this would take about two and
a half or three months. He said he has asked to be
returned to light duty until this procedure has come up
before the Retirement Board. He said he is paid each
week but would like to return to duty. He was injured
at a fire and the Fire Commissioners said tonight they
will not allow him to return to duty. He said he feels
he should be permitted to return until the process goes
through. He called the State and was told this would
take three months. He told the Fire Commissioners he
would report for duty at 8:00 A.M. in uniform ready for
duty every morning. The Commissioners said he would be
told to return home. He said he understood if the process
goes through and he has to retire, there is nothing he can
do about it.
The Chairman said this is now going through process.
Mr. Gray said this retirement is being processed.
This request was initiated by the Fire Commissioners and
the Selectmen are carrying on the initial request. He
said the Selectmen have received nothing verbal or written
that this process should be stopped, and any change will
have to be initiated by the Fire Commissioners.
Mr. Cataldo said Gourdeau is questioning the right to
go back to work in the meantime.
Mr. Sheldon said that is up to the Fire Commissioners
and there are four or five men on limited duty which be-
comes involved in the shifts and is very complicated. He
said if the Commissioners feel this would create a problem,
it is their decision, and he would be adamant in reversing
any decision the Board of Fire Commissioners have made.
GJ
tr
1
1
The Chairman asked if the Selectmen had the right to
reverse the decision.
Mr. Sheldon said he would not consider it.
Mr. Cataldo asked if the Commissioners had the right
to stop Mr. Gourdeau from working, and Mr. Sheldon replied
they certainly do. They determine whether a man should
or should not work.
The Chairman said Mr. Gourdeau had heard this was
under the jurisdiction of the Fire Commissioners who
initiated the request and which the Board of Selectmen
approved.
Mr. Gourdeau said exceptions hav
was willing to go back to work.
The Chairman explained if there
they will have to be made by the Fire
not by the Board of Selectmen.
Mr. Gourdeau retired.
e been made and he
are any exceptions,
Commissioners and
Upon motion duly made and seconded,
to adjourn at 11:10 P.M.
A true record, . ttest :
it was voted
tic�C,k
v ler, Selec men
17
SELECTMEN'S MEETING
February 8, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, February 8, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, 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. Traopeano's letter of January 21, 1965 request-
ing a meeting with the Board and abatement of a sewer
betterment assessment levied against property of Warren T.
and Elizabeth Ferguson, Fairbanks Road, was held overage
again at the request of Mr. Carroll.
The Chairman read a letter from Olive M. Murat,
16 Garfield Street, registering complaint about the
condition in which her property was left after sewer
pipes were installed.
Mr. Carroll explained damage to the fence and mail
box was caused by the Town when work was being done on
the sewer :service. He stated he was not aware of this
until recently and called Mrs. Murat and informed her
that these two items would be taken care of. He con-
tacted the contractor and said the other condition would
definitely be care of this spring.
The Chairman read a letter from the Bedford Board
of Selectmen advising it had authorized the engineering
firm of Haley & Ward to request bids on the sewer metering
equipment for the Bedford -Lexington station, and that an
article has been included in the warrant for the Annual
Town Meeting requesting funds for installatinn of the
equipment.
Letter from Mrs. Ruth Morey, President of the Lex-
ington Historical Society, in regard to restoration of
3 historic signs was received and copies sent to the
Board:
Mr. Carroll reported that Mr. Colella looked at the
signs and it is his opinion that one can be painted by the
Town. The other two are badly worn and should be replaced.
He said wood carving is very, very expensive and he would
obtain a quotation for presentation at the next Board
meeting.
Ferguson
sewer
betterment
Murat
claim of
damages
Bedford
Lexington
sewer
equipment
Historic
signs
Letter was received from Mr. Jeremiah relative to the
appointment of a substitute Wire Inspector to cover the
Town during his vacation.
Wire Upon motion duly made and seconded, it was voted
Inspector to appoint Wallace Cupp, 141 Woburn Street, Lexington,
substitute Wire Inspector for a three week period com-
mencing March 4, 1965, the date on which Mr. Jeremiah
will start his vacation.
Permit
Permit
Bond
Requests for permission to operate refreshment stands
on April 19 were received from the Battle Green Chapter.,
Order of DeMolay, and the Lexington Emblem Club.
Mr. Burnell said the Board should have a policy and
refer these requests to Mr. Gray for processing.
Upon motion duly made and seconded, it was voted
to advise the Battle Green Chapter, Order of DeMolay, that
the Board has no objection to the sale of ice cream on the
Masonic Temple property, and to grant permission for the
sale of ice cream along the parade route.
Upon motion duly made and seconded, it was voted
to advise the Lexington Emblem Club that the Board has no
objection to the operation of a refreshment stand April 19
on prop :rty of Mr. Thomas Connor.
Upon motion duly made and seconded, it was voted
to approve bond #8028551 in the amount of $86,5000 on
behalf of Mary R. McDonough, Temporary Treasurer, same
having been approved by the Commissioner of Corporations
and Taxation.
Letter from Masoa Hirakawa, a sixteen year old Japanese
Sponsor boy, asking for a sponsor to enable him to study in the
United States, was referred to the Lexington Rotary Club.
Letter was received from the Lexington Association of
Independent Insurance Agents stating the item of re -rating
proposed a year ago has not received the attention the
Association feels necessary.
Mr. Gray recalled when this was originally proposed,
it was the recommendation of the Agent handling the Town's
Insurance insurancethat a re -rating not be applied for. He stated
this was very thoroughly explored and the gent definitely
recommended that the Board not at that time ask for a re -
rating as the Town was receiving as favorable a rate as
it could possibly get.
The Chairman suggested that Mr. Gray contact the Town's
agent again to find out whether or not the situation has
changed.
Upon motAon duly made and seconded, it was voted
to certify the character of Adolph F. Youngstrom, 10 Valley
Road, an applicant for a Certificate of Incorporation, Cert.
satisfactory references having been received from Chief Inc.
Rycroft.
Report of the Advisory Committee on human relations
problem was held over.
The Chairman explained this was held over at his
request to give him an opportunity to read it, which
he had done.
The Board unanimously agreed it was an excellent
report.
The Chairman stated the report would become a matter
of public record and the press could have a copy. He
asked if the Board wished to take any action.
Mr. Sheldon recommended that the Board accept the
report and thank the committee.
The Chairman said it was important to read the last
three or four paragraphs which he proceeded to do.
Mr. Cataldo asked if it would be advisable to invite
the members of the committee to meet with the Board.
The Chairman said he thought Mr. Kent should be in-
vited.
A woman attending the meeting, who neglected to give
her name, stated that she had been requested by Mr. Kent
to ask the Board not to take any action until the members
of the committee have an opportunity to discuss this with
the Board.
The Chairman said the Board had accepted the report
but that did not mean it agreed or disagreed.
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to Frederick Dexter of
Arlington.
Upon motion duly made and seconded, it was voted
to deny application submitted by Dana M. Greeley, 1359 License
Massachusetts Avenue, for a Taxi Driver License.
Upon motion duly made and seconded, it was voted
to grant the following licenses: Andrew J. Gnoza, Bedford,
Taxi Driver; Raymond E. Murphy, Lexington, Taxi Driver; Licenses
Country Squire Restaurant, Lowell Street, Common Victual-
ler.
Dump permit
Upon motion duly made and seconded, it was voted
to grant the following uses of halls:
League of Women Voters
Premiere Performance
Estabrook March 3 Free
Estabrook Feb. 20 Free
Estabrook Mar. 20 Free
stabrook Apr. 3 Charge
Apr. L. Charge
Uses of
halls
4Qd
Minutes
Warrant
O'Brien re
parking
and stone-
wall
Kennedy
Library
Upon motion duly made and seconded, it was voted
to approve theminutes of theSelectmen's Meeting held
on February 1, 1965.
Upon motion duly made and seconded, it was voted
to sign the Warrant for the Annual Election March 1,
1965, and Town Meeting March 15, 1965.
Mr. 0/Brien, 420 Massachusetts Avenue, met with
the Board at his request.
Mr. O'Brien complained about cars being parked on
his side of Massachusetts Avenue by Dunn Ford for the
reason they interfere with snow removal and sanding.
He also complained about the condition of a stone-
wall in front of his property.
The Chairman suggested that Mr. O'Brien discuss
his complaints with the Superintendent of Public Works
and if a solution is not arrived at, the Board would
discuss the matters with him again.
Mr. O'Brien agreed and retired.
At 8:30 P.M., Mr. Alan B. Wade and Mr. Whalen,
14 Benjamin Road, his attorney, met with 17 he Board.
Mr. Wade said they had a desirable situation going
on and he thought if he brought it to the attention of
the Selectmen and they were to think it over and do
something or maybe not, it might be useful to the Town
and also help their area in Lexington, Five Fields. He
said he was a newspaper reporter and has handled stories
about the Kennedy Library. They are searching for a site.
A Mr. Kay has been appointed and he is looking for a site.
They have not found a site that can be occupied right now,
or a site big enough. The MBTA yards have been proposed.
At the same time, there has been trouble getting them
cleared in any time for the Kennedy Library schedule.
They are not sure of the schedule but want to go ahead
faster than four or five years. He said the latest
situation on yards in Cambridge, according to a Mr. Lincoln,
the META has offered to clear some of the equipment but it
will not all be cleared before four or five years. The
Kennedy people would like to go ahead much sooner than that.
The Library people hav- had aerial photographs taken of
sites in Cambridge. In the meantime, the people in Five
Fields have had indications there could be more zoning
proposed. It was suggested that maybe something could be
done to solve the Kennedy Library and at the same time
would be a more acceptable neighbor for the people in the
area. He said they are talking about scholars and cabinet
ministers for residents.
The Chairman asked if the area Mr. Wade would be
interested in was on the west side.
Mr. Wade replied it is Mr. Robertsthirty-three
acres.
The Chairman asked if he knew the requirements of
the Library Committee.
Mr. Wade replied the decision has not been made as
to where to locate the Library. If Lexington made a bid,
it would not be in thin air. He said Robert Kennedy
will make the final decision. Mr. Wade would like the
Board to support the idea and so advise Mr. Kennedy.
The Chairman asked if he proposed that the Town pur-
chase the land.
Mr. Wade replied in the negative and said he would
like the Selectmen to urge Mr. Kennedy to consider the
area at Route 2 and 128 for the Library Institute site
and hope he would look into it.
Mr. Whalen said the poeple on the other side of
Route 2 have been in opposition to the proposals that
have been submitted for the rezoning of this land. In
the opinion of the people on the other side of Route 2,
it would impair the character of the neighborhood and
would lead to a further demand for further rezoning all
down Route 2. He said he felt that were all of these
various rezoning proposals enacted, each in its turn
could further increase the isolation of that part of the
Town from the main part of the Town which would be bad
for him and the others in the area. He said, recog-
nizing the increasing demand on the Town for revenue, they
have tried to examine each proposal to find if there was
anyone they could live with and they have tried to et -
press an opinion that if something came along that would
be compatable the people in the area would endorse it.
He said they do not own the land and cannot dispose of it.
but are talking about land other people own. He said on
more than one instance these people have indicated a
desire to sell and by advertisements in the paper hEve
themselves suggested a variety of proposals for theuse
of this land. Therefore the people in Five Fields feel
there is some moral justification in this proposal that
would be good for the Town. He said in their opinion
this would give the Town something it lacks. He said
with the exception of Cary Library, the various historical
structures the Choral Society and the Arts and Crafts,
there is not in Lexington any substantial cultural or
educational institutions of any kind. There is no hospi-
tal, no museum, no institution of higher learning. He
said he thought the Town could havef,a good balance among
the things that go to make up a good community. He said
42 42
some cultural institution of whatever type of some substance
the people could in the future be nappy with what is here.
He said it was because of a combination of these various
reflections, the incessant demand for the use of this pro-
perty on the top of the hill for some other use than that
to which it is now devoted, and also in consideration of
the peoplets feeling that the future of the Town could
stand something of this type and finally the realization
of the Kennedy Library became a problem to the people
sponsoring it, he and Mr. Wade gave some thought that
this might be advisable for Lexington. He said the late
-resident selected the small portion of the land adjacent
to the Harvard Business School. This was done before
and it was done when it might have been expected he would
have served two terms and assembled eight years of papers;
that it might be able to stand on its own two feet. Although
this has not been voiced, it seems obvious that when merely
three years of a first term, the library might not fulfill its
purpose if not tied to something else. He said his group
has felt this land here might be an appropriate place. They
with the Minute Man National Park there is assured for
posterity an annual increasing number of Americans coming
to this area. If the Kennedy Library were here, it would
be natural for people to bring their children to see it.
He said their suggestion has been to Mr. Pay, the architect,
that if the west side of the hill was used for the library
and such other structures that might be required for classes
and parking, that the presently existing residences on this
hill might be retained for scholar residences. Mr. Pay
has indicated he saw this as an urban type of institution.
He said some time in the definite future, Route 2 would
provide an access. He said he and the others felt this
might be something the Town might consider doing. He said
the Trustees of the Library have not arrived at any decision
and he would like to know if the Board felt there was any
merit to the proposal and if so, to get its aid.
The Chairman asked if he was reflecting the thinking
of the areas in Five Fields.
Mr. Wade said Five Fields had a meeting and there is
no question that they would support this. The feeling is
this would be more acceptable than anything proposed.
The Chairman said should the Kennedy Library be located
there, he assumed it would be tax exempt and the homes would
become tax exempt.
Mr. Wade said he presumed so.
The Chairman asked if he was asking the Board to endorse
such a proposal and carry the ball.
Mr. Wade said they have no status. They are trying to
find some place, and if they have not made a decision, it
would be a good thing for Lexington he have this. It would
1
be a location where there are now 100,000 cars a day
going by.
The Chairman said if there is a National Historical
Park this might be a double attraction and increase the
load of tourists.
Mr. Burnell asked if they believed a building could
be adapted to the contour of this land.
Mr. Wade replied the map downstairs showed six build-
ings on it.
Mr. Burnell said access to this land would be through
Spring Street.
Mr. Wade said they would come off Route 2 headed
directly for this area.
Mr. Wade said even if the Board favored such a pro-
posal and followed through, the negotiations would be
made with the owners of the property. He asked if these
owners should be consulted before going any further. He
said he would be glad to ask Mr. Roberts and report to
the Board.
The Chairman said he thought the Board should discuss
Mr. Sheldon said the Board should take a position
before it encourages anyone to go to the land owners.
Mr. Wade said all that has been done were some talks
in Five Fields and talks with Mr.Pay and with the Library
people. Mr. Lincoln is still telling them five years
before the MBTA gets out.
The Chairman said the Board would discuss the subject
and let them know.
Messrs. Wade anc. Whalen retired at 8:35 P.M.
Unon 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 of the proposal made in regard to the
Kennedy Library, tenants in Town -owned house oh Massachu-
setts Avenue, TMMA request, letter from The 1775 Trust
and problem of employee in the Accounting Department, it
was voted to resume the open meeting.
Mr. Gray reported that Allan V. Mead, of the Jaycees,
has inquired again about using the dump for a circus now
that it has been determined the Center Playground cannot
be used. He said he did not know where, on town -owned
land, such an activity could operate. He explained Town
Counsel's basic objection was charging admission to re-
creation land.
it.
Executive
Session
VA
It was agreed to advise the Jaycees that there is
no Town land, to the Board's knowledge, available for
a circus and suggest that they contact the School De-
partment.
Upon motion duly made and seconded, it was voted
to adjourn at 9:S5 P.M.
A true record, Attest:
1S
SELECTMEN'S MEETING
February 15, 1965
A regular meeting of theBoard of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, Februcry 15, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Brown, Burnell, Cataldo and Sheldon were present.
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr. Carroll told the Board he would like to take
bids March 8 on the garbage contract and would like to
continue on the basis of June 1 because it commences
the summer season.
The Board had no objection to the date, June 1,
and instructed Mr. Carroll to aske for bids on the basis
Garbage of one, two and three years.
contract Mr. Carroll said the present contract had worked
out very satisfactorily and asked if the Board wanted
to make any changes in it.
Mr. Legro said he did not think of any changes as
the Town has been operating all right on the present
contract.
Mr. Carroll referred to the house owned by the
Town and located at 561 Massachusetts Avenue and re -
561 Mass. ported that the tenants have moved, and the house is
Avenue in very poor condition. He reported bids had been
received for tearing the building down - $595.00;
$1150; $1500; and recommended that the low bidder,
DeFelice, take the building down.
Upon motion duly made and seconded, it was voted
to accept the bid of $595.00 and that the building be
taken down.
Historic
signs
Mr. Carroll referred to a letter received by the
Board last week from the Lexington Historical Society
with regard to the condition of three historic signs;
two on the common and one on Clarke Street. He said
the first sign, the site of the Daniel Harrington House,
on Harrington Road, could be repainted by the Town.
Mr. Smeldon asked if this could be done without
destroying the lettering, and Mr. Carroll replied in
the affirmative.
Mr. Carroll said the second sign, a hanging sign
on the edge of the Common, Massachusetts Avenue side,
has cut in letters. He reported he had obtained a
price from the Newton -Norman Co., Inc. of $600.00 for
co
CI
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19
letters carved into the background (14" mahogany) and
a price of $175.00 for painted letters on painted background.
Mr. Sheldon observed that there is no conformity in
the signs.
Mr. Burnell said two of the three signs, to which
Mr. Worthen referred in his letter to the Historical
Society, are incised letters.
Mr. Sheldon asked if this type were necessary.
Mr. Carroll explained the sign won't last any longer,
but the lettering will.
Mr. Cataldo asked if there were any Trust funds avail-
able.
Mr. Carroll replied he did not look into this but
said there might be some funds that could be used for
this purpose.
Mr. Cataldo said there is no question but that it
would be a better looking sign if the letters were incised.
Mr. Carroll said the other sign, the one on Clarke
Street at the foot of Belfry Hill, should be done over;
that it cannot be repaired. He reported he had obtained
a price from the same company on this sign of $4.50.00
for letters carved into background (l4" mahogany) and a
price of $90.00 for painted letters on painted background.
Mr. Cataldo said he felt the signs on the Common
should be uniform.
Mr. Burnell pointed out that the sign on the Masonic
Temple is in bad condition.
Mr. Carroll said Mr. Worthen has also mentioned two
direction signs; one located at Waltham Street and Massa-
chusetts Avenue directing tourists to the Battle Green,
and the other on Massachusetts Avenue directing tourists
to the Colonial Cemetery.
The Chairman said these should be considered at the
same time.
Mr. Carroll stated his department could take care
of these. He suggested that the Board write the Trustees
of Public Trusts to find out whether any of the various
Trust Funds could be used to have the signs on the Common
repaired.
Mr. Burnell said he thought the signs on the houses
should be the same and the signs on the Common should be
the same.
Mr. Carroll referred to the letter received by the
Board Janua y 4, 1965 in regard to lighting the passage-
way from Massachusetts Avenue to the Aunicipal Parking
Area, and reported the Town has a right of way but the
Savings Bank owns the alley. He has contacted Mr.Duncan,
Treasurer of theBank, and explained the situation to him,
and he expects to receive a letter from the Board stating
20
Savings
Bank
Passageway
Equipment
it is not in favor of putting a light in the passageway.
Mr. Carroll said it was his understanding there is
no liability, and from the standpoint of pedestrians,
there is no need for a light. Mr. Duncan did not realize
this was bank property.
It was agreed to advise the Lexington Savings Bank
that thetBoard feels it might be considered the province
of the Bank to install a light if it wants it.
Mr. Carroll said there will be an auction held
Thursday morning in Chelmsford and his mechanics would
like to go to it to get a transmission jack and a porta-power;
the two items being worth $500.00 new.
Upon motion duly made end secorded, it was voted
to authorize an expenditure not to exceed $250 for this
advertised equipment if the mechanic believes it to be
worth the money.
The Chairman
640 Lowell Street,
Lowell St. of Lowell Street,
drainage stages; the drains
road next year.
Mr. Carroll s
to remedy another
read a letter from Soule Brothers, Inc.,
with further reference to drainage,
suggesting that the work be done in two
ge this year and construction of the
aid this was
situation.
Mr. Sheldon inquired about
Mr. Carroll replied it would be
$5,000.00.
Mr. Sheldon asked
would any of the money
done, and Mr. Carroll
thrown away.
Mr. Sheldon asked if, in Mr.
drainage work could wait or not.
Mr. Carroll replied the property
the existing situation.
The Chairman said the amount involved
it is not in the budget.
Mr. Carroll explained the only way to take care of
the drainage this year would be to defer some other drainage
item already approved.
The Chairman asked if there was any drainage project
Mr. Carroll could defer, and he replied in the negative.
Mr. Cataldo asked what this existing situation did to
hamper Soule Brothers.
Mr. Carroll replied the water spills onto their pro-
perty and lays across the road.
Mr. Sheldon said the Board has gone over Mr. Carroll's
projects very carefully and Mr. Carroll feels he should not
done a couple of years ago
the drainage cost,and
in the vicinity of at least
if any portion
be wasted when
replied only a
of this work was done,
the entire job was
small amount would be
Carroll's
was
opinion, this
purchased with
is $5,000
and
C.�
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21
sacrifice one, and therefore he would be in favor of let-
ting Soule Brothers wait another year.
The Board agreed.
The Chairman read a letter from the Planning Board
recommending that the developer, Emerson Gardens Realty Developer
Corporation, be reimbursed the amount of $2,257.70 as reimburse-
provided for in General Laws, Chapter 570 of the Acts ment
of 1962.
The Chairman asked if Mr. Carroll had checkec this,
and he replied in the affirmative.
Form letter was received from the State Department
of Public Works, Division of Waterways, in regard to
future waterways projects. Waterways
Mr. Carroll explained this is a general letter and projects
the Town is not involved with any project with the Div-
ision this year. He stated it is hoped that the Kiln
Brook project will be out this year. It is now in
design and money is available.
Mr. Tropeano's letter, on behalf of his client,
Warren T. Ferguson, regarding a sewer betterment assess-
ment levied on property located on Fairbanks Road, was Ferguson
held over. betterment
Mr. Carroll presented a plan and referred to two
lots, 358 and 357, which he stated were built in the
Cary Acres' subdivision, Section One. He stated the
time this was built, ne sewer was available. A few
years later, there was Cary Acres, Section Two, and this
lot, which is referred to as 119 or 319, was built as the
last lot and there was sewer here. The contractor in-
stalled a sewer main up the street, which was approved,
and then ran an illegal sewer main to serve two lots.
At the time it happened, Spinelli, the contractor, was
immediately told the sewer would not be approved because
the Town had not seen it and had no easement. Mr.
Ferguson was informed that if and when a sewer was put in
Fairbanks Road, he would have to pay a betterment. Mr.
Stevens told him if he would pay a sewer betterment,
assuming the Town could get Spinelli to take up the sewer
and make sure it was all right, the Town would take the
sewer and Mr. Ferguson would not be assessed a betterment.
Mr. Ferguson went to Spinelli and said he would have to
protect him, and Mr. Spinelli agreed to protect him.
Last year, the Town put a sewer in Fairbanks Road and
assessed Mr. Ferguson. Mr. Ferguson came in to see him
and said he was willing to pay the $600 if the Town would
take over the sewer easement. He said he talked to this
gentleman "here" and discussed this situation. Mr. Ferguson
22
has an easement over Loury's property and he will grant
the Town an easement. He said this letter from Mr.
Tropeano was written after Mr. Ferguson came in to see
him, and Mr. Tropeano is not representing Mr. Ferguson
at all. He is representing Spinelli, and his idea of
protecting Mr. Ferguson is getting the sewer betterment
abated. Mr. Ferguson wants the Board to understand
Mr. Tropeano is not representing him.
The Chairman said Mr. Ferguson was willing to pay
the betterment provided the Town takes over the service
and it is possible to do so because it can get an ease-
ment from Lowry without cost to the Town.
Mr. Legro said the Town would want to examine the
pipe.
Mr. Burnell asked how much it would cost to inspect
the line in there now, and Mr. Carroll replied $100 maxi-
mum, and said there has been some minor difficulty with
the sewer.
Mr. Cataldo asked if it was all lawn where the sewer
is located, and Mr. Carroll replied he thought it was.,
He said if he encountered any difficulty, he would come
back to the Board.
The Chairman read a letter from Arnold Stern, 11
Woodcliffe Road, advising that, in his opinion, the
Board's offer of settlement for a sewer and drain ease -
Stern ment was too low.
settlement Mr. Carroll said the Board should wait until spring
before it did anything about this. He said he did not
think the contractor has put the drain in yet and sug-
gested that the Board wait until the project is completed
and then talk to Mr. Stern.
The Chairman said the think to do is reaffirm the
Board's offer of $25.00.
Mr. Sheldon suggested that the Board tell Mr. Stern
that it would discuss the subject with him again in the
spring when the project is completed. The Board agreed.
Form letter was received from the Massachusetts
Federation of Taxpayers Associations, Inc., in regard
Counting to Vote Counting Systems.
votes Mr. Gray said this was in reference to voting
machines and electric systems for counting votes, and
calling attention to the fact there are rapid changes
being made that will be available for counting votes.
This is general information.
Letter was received from the League of Women Voters
to which was attached a. copy of the League's 1964-1965
Yearbook.
Letter was received from the Lexington Visiting Nurse
Association, inviting the Board to appoint a representa-
tive to the Association's Boadd of Directors.
TMMA
LVNA
1
It was agreed, as has been the custom for a number
of years, to defer this appointment until after the
Annual election, March 1.
Upon motion duly made and seconded, it was voted,
to appoint Mr. James E. Broderick, 15 Maple Street, a Appointmen
member of the Town Celebrations Committee to fill the
vacancy caused by Ar. John Rudd's resignation.
TheChairman read a letter from the Town Celebrations
Committee relative to a Lexington Day during t1.e 1965
program of the New York World's Fair, and said #1, the Lexington
$1500 has been added to the budget. He said the Board Day at
could not do much about this until the money has been Worlds Fai;
appropriated and asked the Board to give some thought
to the appointment of a sub -committee.
Upon motion duly made and seconded, it was voted
to appoint the following individuals Auxiliary Firemen
as requ& ed by Mr. Arthur Burrell, Director of Civil
Defense:
Appoint-
ments
Kenneth M. Knobel, 37 Percy Road, promoted from
Lieutenant to Captain;
Richard Kimball, 60 Gleason Road, promoted from
Private to Lieutenant;
Robert J. Warner, 39 Bertwell Road, promoted from
Lieutenant to Captain;
Daniel A. Whitney, L. Fletcher Avenue, private;
Douglas I. Nickerson, 214 Massachusetts Avenue, Private.
Upon motion duly made and seconded, it was voted
to grant permission to the Church of Our Redeemer to Paper Drive
conduct a paper drive on Sunday, May 2, 1965.
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to Esco Builders, 26 Permit
Hallmark Drive, Woburn.
Upon motion duly made and seconded, it was voted
to renew the Common Victualler's License for the Colonial Licenses
Coffee House, Depot Square.
Upon motion duly made and seconded, it was voted
to issue a Common Victualler License to Clinton F. Schwamb,
new owner of the Village Variety Store.
Upon motion duly made and seconded, it was voted
to grant a Teti Driver License to Timothy John Quinlan, Licenses
67 Vine Street, Lexington.
24
Upon motion duly made and seconded, it was voted to
grant a Taxi Driver License to Carleton H. Mabee,
25 Highland Avenue, Lexington.
Upon motion duly made ^nd seconded, it was voted
to grant the Lexington Choral Society use of Cary Mem-
Uses of oriel Hall on Friday, May 14, 1965; Saturday, May 15,
halls 1965, and Sunday, May 16, 1965, 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 deny application for use of Estabrook Hall for a
Use of meeting of the Ethical Society of Boston due to the
hall fact the proposed use (religious) does not conform to
the permitted uses, as stipulated in the will of the
donors of Cary Memorial Building.
Upon motion duly made and seconded, it was voted
to sign Notices of Intention to lay out Massachusetts
Notices of Avenue from a point approximately 382 feet, more or
Intention less, southeasterly of Meriam Street and extending
southeasterly 235 feet, more or less.
Depot Square extending southwesterly 105 feet, more or
less, from the westerly end of Edison Way.
Edison Way from Depot Square and extending easterly 85
feet, more or less.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss -
Executive ing, deliberating or voting on matters which, if made
Session public, might advers3ly affect the public security, the
financial interest of the Trown, or the reputation of
any person.
At 9:35 P.M., Chairman Blaisdell, Messrs.Noyes,
Gary, Parrish, Clarke, Zehner and Mrs. Sousa of the
1965 Appropriation Committee, met with the Board.
Appropri- Following discussion pertaining to 1965 appropri
ations ations, it was voted to resume the open meeting.
The Chairman reported that he had talked to Carl
Blake, President of the TMMA, who wants additional
Meetings informational meetings. He told Mr. Blake the Board
would like a meeting March 3 and 4.
Mr. Gray submitted a plan and stated "This is a
request from the Planning Board. A subdivision is
going in here. There is a subdivision that possibly
1
can come in here and empty out on Marrett Road. The
Planning Board would not like to see the subdivision
empty out on Marrett Road. They would like to have two
entrances. This little piece of land here has to be
acquired. The Planning Board would like to know the
Selectmen's thinking about taking this. John feels
it would have a definite benefit to the Town not to
empty the traffic out on Marrett Road."
The Board had no objection.
The meeting adjourned at 11:25 P.M.
A true record, Attest:
ecitive'
Selectm n'r
Ge
25
26
SELECTMEN'S MEETING
February 20, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Saturday, February 20, 1965, at 9:30 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 Chairman reported that Mr. Gray had gone over the
budgets and come up with some possibilities. If the
Conservation funds were bonded over a three-year period,
there would be a saving of $150,000; Massachusetts Avenue,
$150,000 current tax levy and bond another $10,000; Winter
Street Trunk, $57,400.00. He asked if the Board wanted to
take this out this year.
Mr. Sheldon said he had discussed this with Mr.
Carroll who feels if the Board has to eliminate something,
it could be Winter Strert. He is not in favor of post-
poning the Pumping Station.
Mr. Cataldo said, with reference to Winter Street
Sewer, there will be no laterals. Next year, the trunk
and laterals could b e put in.
The Chairman read the next item on Mr. Gray's list -
the football stands.
Mr. Burnell said the Board should give the Recreation
Committee something as near $20,000 as possible. He said
he thought the Board had to put in a certain amount of
money each year if the Town is to advance with the develop-
ment of recreati'n land. He said he would be opposed to
cutting this.
The Chairman said if the board is taking the approach
of what is absolutely necessary this year, the football
stands are not in that category.
The Chairman mentioned Lowell Street, $56,000.
Mr. Sheldon said he did not want to postpone this
project.
The Chairman said this problem has been lived with
before and maybe it can be done again.
Mr. Burnell said the hump in the street is a hazard
but the condition of the street is not that bad.
The Chairman mentioned $38,000, Public Facilities
Building.
Mr. Burnell said, being a member of the committee, he
was in favor and in favor of getting it as quickly as
possible.
1
27
The Chairman reported there will t;e no MBTA assessment
this year. In 1966 the Town will be assessed $17,600 for
1965.
It was agreed to 1) bond Conservation appropriation -
2) Bond Massachusetts Avenue - 3) Pottpone Winter Street
trunk - h) Postpone football stands - 5) Lowell Street,
leave in - 6) Postpone Public Facilities Building - 7)
Postpone Worthen Road parking lot - 8) (Postpone Planning
Board survey, $15,000.
At 10:15 A.M., Mr. Fisher and Mrs. Clarke, of the School
Committee, and Dr. Fobert, Superintendent of Schools, met
with the Board.
The Chairman said he knew Dr. Fobert had been going
over the budget and asked how he made out. He•said any-
thing the School Committee could come up with to help keep
the Town from having a tremendous tax rate would be appreci-
ated.
Mr. Sheldon stated that the Town Meeting would have
an opportunity to put back anything the Board has taken
out.
Dr. Fobert said there are certain major budgets and
he would go over one or two and see what happened. He
said the expenses were increased by $68,000 and $30,000
of that increase was in transportation. There is $12,682
more requested because of the additional pupils; material
fpr these additional pupils. He stated S42,00-0 of the
$68,000 was just for those two items. The -rest of the
increase came because they just opened the High School.
There are three separate buildings to heat and maintain.
With reference to the personal services, he said there
are forty additional teachers and this was reduced from $7,000
per teacher to $6,588. There w s an increase in personal
services of $571,000. Of the $571,000 there is $265,000
for the forty additional teachers and the balance otter
650 people of the staff. He said one of the reasons teachers
like to come to Lexington is people realize teachers should
be paid well. Here they value education and are willing
to pay for it.
Mr. Fisher stated future increases will come in more
slowly. This scale worked out with the teachers as a
group, not as a union, is a commitment. If it is denied
now, there will be a union.
Dr. Fobert said it is possible they may not hire forty
additional teachers and they may be hired at $6,000 or
$7,000, but now this is the best estimate. In September,
they will know exactly what these forty teachers will cost.
He explained funds turned back were due to overbudgeting.
Mr. Gray said the School Department turned back
$130,000 and the budget went up over last year's budget.
28
He stated the actual increase was $775}000.
Dr. Fobert said they hire about 100 new teachers.
They lose a teacher with two years' experience and have
to hire someone with more experience and in that one
teacher could be involved $1,000. This could be multi-
plied by 100. He said the only guarantee is, if there
is money, it will be turned back.
Mr. Fisher said the only thing the Committee could
do and could agree to do is to consider at Monday's
meeting the removal of any contingency items in the
budget and agree if that money is needed, it will be
taken from the 874 reserve. He said in some cases, he
thought there are some estimates which may be a little
high and they might be able to look at these.
Dr. Fobert said the school budget would cost just
a little over $2.00 on the tax rate.
The Chairman said the Board has gone about as far as
it can go. Last year the increase in the school budget
meant so much on the tax rate, but the tax rate went down.
He said the reductions were made in the budgets under the
Selectmen's control. He said it is unfair to reduce the
Town departments to cover the school department.
Mr. Fisher said it looks as though -the teachers'
salaries will not be going up as fast as they have in the
past ten or fifteen years. He said the Commitee would
discuss this at its meeting next Tuesday.
Dr. Fobert said if the Board needs something in the
area of $75,000 or $150,000, he could not see where the
School Committee could find it.
Mr. Cataldo mentioned that there is a feeling in the
general public that the school budget is being talked up
on the feeling the public is not interested. He said the
fact the report has been received from James Lambie is an
indication that the general public is beginning to be con-
cerned about the school budget.
Mr. Fisher said the problem is understood by the com-
mittee and the place to get the point across is in Town
Meeting.
The School Committee retired at 11:00 A.M.
Mr. Gray reported that the Senior Clerk in the Col-
lector's Office will retire in August. The Collector has
Collector's someone coming in. She has a Junior Clerk now, and wants
Clerk to promote her to Senior Clerk.
The Chairman asked if this could be done with funds
approved in the budget, and Mr. Gray replied in the
affirmative.
The Chairman said if the Collector can do this within
the budget, it is all right.
C.J
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29
The Board unanimously agreed to go on record as being
in favor.of the proposed zoning in Lexington Center.
With reference to the 1775 Realty Trust, it was agreed Lexingtm
to use the lesser figure and recommend an appropriation of Center
$250,000.
At 11:25 A.M., Chairman Blaisdell, Messrs. Parrish,
Carlson, Noyes, Gary, Battin, Mrs. Souza and Mr. White,
Accountant, met with the Board.
The Chairman said with reference to the Hunt Block,
it is now within the $250,000 discussed at the beginning.
On advice of Town Counsel, the appraisal is to be kept
confidential.
Mr. Cataldo explained with reference to the figures
that the 1775 Trust wanted for discontinuance of the ex-
isting uses, it is the Board's feeling it should recommend
the lower figure and recommend passing of the zoning
article.
Mr. Blaisdell said at the present moment his committee
is proposing to be opposed to this Hunt Block. If the
Town Meeting goes for it, the committee agreed that the
Board's mode of financing would be proper.
Mr. Cataldo presented copies of Estimated Tax Return,
and following a further informal discussion, the Appropri-
ation Committee retired at 12:30 P.M.
Mr. Cataldo recommended that an appointment be made
for Mr. Baker to meet with the Board on Wednesday, February
24, and get Mr. Trani's proposal. He said he thought the
Board should confer with the 1775 Trust and have Town Counsel
present. He said he would tell Mr. Trani to have the
figures in before Wednesday and he would arrange a meeting
with the Trust and Mr. Legro. He said the Board should go
on the basis of the zoning going through and the zoning not
going through, come up with two agreed figure=s.
The meeting adjourned at 12:35 P.M.
A true record, Attest:
u
c ive ler Select en
30
Contract
SELECTMEN'S MEETING
February 24, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Wednesday, February 24, 1965, at 7:30 P.M. Chair-
man 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 stated he had a contract between the Town
and Belli Bros., Inc. for the construction of a sidewalk
on Concord Avenue.
Upon motion duly made and seconded, it was voted
to execute the contract, six copies, as presented by Mr.
Legro.
Mr. Legro stated he had an agreement between the
Town and the Commonwealth for the construction of sewers
Agreement and water mains under the relocation of Route 2 and the
access ways.
Upon motion duly made and seconded, it was voted
to execute the agreement as submitted by Mr. Legro.
Mr. Carroll reported, as a matter of information,
Bids that garbage bids would be taken on Monday, March 8,
1965, at 4:00 P.M.
Winter St.
Trunk sewer
Mr. Carroll referred to the Winter Street trunk
sewer which he understood the Board will move for indefi-
nite postponement at the March Town Meeting. He explained
letters h^d been sent out on February 15, 1965 informing
the people that laterals would not be put in but that the
trunk sewer would be.
The Chairman advised these people will have to be
told that both the trunk and the laterals will be put in
next year.
Mr. Carroll agreed to send out a letter of explanation.
Mr. Carrollrecalled some time ago the question of
cost to patina the Minute Man Statue. A gentleman from
the Diamond Union Stamp Works in Boston bid on this and
for $219 net he can patina the statue in green tone so as
not to change the general appearance of the statue and
make it have a refreshed look. He explained the work would
not be done until the weather is warmer. He reported that
Mr. Aiden Ripley said, to bhe best of his knowledge, it
1
1
will do no harm and will la° -t many years. It was his
recommendation that the Board accept the quotation. He
said a letter had been sent to the Trustees of Public
Trusts inquiring about the possibility of using one of
the Trust Funds to pay for this work.
Mr. Gray reported that Mr.George P. Morey, Chairman
of the Trustees of Public Trusts, called him and advised
that one of the funds which could be used for restoration
of the historic signs, discussed by the Board last week,
and there are other funds that coL-ld be used for the
statue. He explained that Mr. Morey would like a letter
from the Board.
Mr. Cataldo said he thought the signs on the Common
would be much more attractive if they were all the same.
Mr. Burnell said it was suggested last week that
the signs on the Common be incised and the signs on the
houses be painted. He said he brought up the sign on
the Masonic Temple which is in poor condition, and if the
other signs are to be done, this one should be included.
Mr. Carroll said if this sign is painted, there will
be no problem.
Upon motion duly made and seconded, it was voted
to accept the bid of $219 submitted by the Diamond Union
Stamp Works to patina the statue.
Upon motion duly made and seconded, it was voted
that the historic signs on the Common be incised at a
cost not to exceed $1,000 and the house signs painted.
Mr. Carroll stated he would like the Board to adopt
a new set of specifications for the Public Works Depart-
ment which, he explained, are not in final form.
Mr. Sheldon asked if the proposed specifications
are what Mr. Carroll wanted, and he replied in the affirma-
tive.
The Chairman asked if this was something on which
the Boarc should act this evening, and Mr. Carroll replied
in the affirmative explainilag that the Planning Board is
going to adopt Subdivision Rul-s and Regulations next
Monday.
Upon motion duly made and seconded, it was voted
to adopt a new set of Specifications for the Public Works
Department as recommended by Mr. Carroll.
Notice was received from the Town Clerk of a claim
filed against the Town by Dr; Charles E. Ellicott. Dr.
Ellicott fell on the sidewalk in front of the Hancock
Congregational Church on Wednesday, February 10, 1965.
Mr. Legro advised the Board he had received this.
31
Claim
32
Sanitary
Land Fill
Site
Cert. of
Inc.
Transfer
License
License
Letter was received from the Building Inspector
relative to a complaint filed with him by Mr. Barry B.
McGinnis, 14 Cottage Street, about a commercial vehicle b
being parked on th street day and night.
Mr. Legro said he would look into the situation if
the Board gave him the particulars.
Letter was received from Colonel Farnell, dated
February 16, 1965, and a letter was received from Mr.
Legro, dated February 19, 1965, both'in reference to a
possible problem at the Sanitary Land Fill Site.
The Chairman asked if it would be all right if he
acknowledged Colonel Farnell's letter. He asked Mr.
Gray to call Colonel Barrere and advise him of the
committee set up and tell him it will confirm this
in writing.
Upon motion duly made and seconded, it was voted
to certify the c:Laracters of Paul Moriarty, hh Paul Revere
Road, Brian Moriarty, hh Paul Revere Road, and Lester
Cherny, 252 Lincoln Street, satisfactory reports having
been received from the Chief of Police. These indi-
viduals, and others not residents of Lexington, have
applied to the State for a Certificate of Incorporation
under the name of the Lexington Nursery and Kindergarten
School, Inc.
The Chairman read a letter from the Building Inspector
requesting that funds be made available to pay Donald Byrne,
who took care of requests for gas and plumbing inspections
during the period his brotaer, John B. Byrne, was ill with
pneumonia.
Mr. Sheldon sugge:ted that payment be made from the
current funds and a request for a transfer be made later
in the year if it becae necessary.
The Chairman recommended that a transfer be requested
now.
Upon motion duly made and seconded, it was voted
to requestthe Appropriation Committee to tl•ansfer the sum
of $150 from the Reserve Fund to the Inspection Department -
Personal Services Account.
Upon motion duly made and seconded, it was voted
to grant a Common Victualler License to Captain Bob's Sea
Food, Inc.., 50 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted
to grant a Second Class Agent's License to Morris Bloomberg,
d.b.a. Morris Motore, 1+00 Waltham Street.
co
cr
tot
ao•
1
1
33
Upon motion duly made and seconded, it was voted Denial of
to deny Mrs. Virginia Coleman's request for a Common License
Victualler License, 50 Percy Road.
Upon motion duly made and seconded, it was voted
to grant the Lexington Choral Society the use of Cary Uses of
Memorial Hall on May 13, 7:30 P.M. to 11:00 P.M.; halls
May 15, 9:30 A.M. to 1:00 P.M., and 7:30 P.M. to 11:00 P.M.,
and May 16, 7:30 P.M. to 11:00 P.M., all free of charge
subject to a fee of $346 per hour for custodian's over-
time services.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held
on February 8 and 15.
Upon motion duly made and seconded, it was voted
not to request the Package Goods Stores to close on
Election Day, Monday, March 1, 1965.
The Chairman was recorded in opposition.
The Chairman reported he had a meeting with Bruce
White of the Arthur D. Little Company, who is trying
to get the 1975 World Fair for Boston. He and Mr.
White agreed that if any committee were appointed, it
should have someone on it from the Planning Board, Mr.
Gray, representing the Selectmen, a member of the
Chamber of Commerce, a representative from the Town
Celebrations Committee, and whoever else the Board
might think of. Mr. White left some suggestions of
what he is looking for.
The Chairman said he was in favor of having the
World Fair here in 1975 and agreed to send the Board
copies of the suggestions left by Mr. White.
Mr. Gray read a letter, dated Februs
received from Brewer & Lord, in reply to
of February 11, 1965 regarding re -rating
basic fire rate dassification.
Mr. Brown agreed the -t it did not see
request a re -rating at this time.
At 8:00 P.M,, hearing was declared open upon notice
of intention of the Board to alter and relocate a portion
of Massachusetts Avenue from a point approximately 382 feet,
more or less, southeasterly of Meriam Street, and extending
southeasterly 235 feet, more or less. Notice of the Board's
intention to alter and relocate a portion of Massachusetts
Avenue was served by Constable to property owners as they
appear on the most recent tax list.
ry 17, 1965,
his letter
of the Town's
m prudent to
Minutes
Liquor
Stores
World Fair
Insurance
34
Mr. Carroll submitted a plan entitled "Plan of Alter-
ation and Relocation of Massachusetts Ave., Lexington,
Mass. Scale 1" = 2.0' Jan. 8, 1965, John J. Carroll, Town
Engineer".
Mr. Gabriel Baker asked if there was an old line
through some of the property now, one of December 14, 1926.
Mr. Carroll repliedthat in 1926 the building line
stopped at the Baker property.
Mr. Baker asked if there was a line since that time,
the O'Connell.
Mr. Carroll replied in the affirmative and said it
was shown on the plan.
No one wished to be recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
of the Board to alter and relocate a portion of Depot
Square extending southwesterly 105 feet, more or less,
from the westerly end of Edison Way. Notice of the
Board's intention to alter and relocate a portion of
Depot Depot Square was served by Constable to property owners
Square as they appear on the most recent tax list.
Mr. Carroll submitted a plan entitled "Plan of
Alteration and Relocation of Depot Square, Lexington,
Mass. Scale 1" = 20' Jan. 8, 1965, John J. Carroll, Town
Engineer".
No one wished tobe recorded in favor or in oppo-
sition and the hearing was declared closed.
Hearing was declared open upon notice of intention
of the Board to alter and relocate a portion of Edison
Way from Depot Squa:e and extendir.g easterly 85 feet,
more or less. Notice of the Board's intention to alter
and relocate a portion of Edison Way was served by Constable
to property owners as they appear on the most recent tax
list.
Mr. Carroll submitted a plan entitled "Plan of Alter-
ation and RAlocation of Edison Way, Ledington, Mas.
Seale 1" =20' Jan. 8, 1965, John J. Carroll, Town Engineer".
Mr. Gabriel Baker asked what part of the way was
involved.
Mr. Carroll showed him the plan and said the proposed
alteration and relocation will straighten the line and make
the way a little narrower.
The Chairman said Edison Way willbe evened out so it
will be a straight line out to Depot Square.
No one wished to be recorded in favor or in opposition
and the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to alter and relocate Massachusetts Avenue as shown on a
1
plan entitled "Plan of Alteration and Relocation of Massa-
chusetts Avenue, Lexington, Mass., Scale l" = 20', Jan. 8,
1965, John J. Carroll, Town Engineer", which plan is on
file in the .Town Clerk's Office.
Mr. Brown abstained.
Upon motion duly made and seconded, it was voted
to alter and relocate a portion of Edison Way as shown
on a.plan entitled "Plan of Alteration and Relocation
of Edison Way, Lexington, Mass., Scale 1" = 201, Jan. 8,
1965, John J. Carroll, Town Engineer", which plan is on
file in the Town Clerk's Office.
Mr. Brown abstained.
U:)on motion duly made and seconded, it was voted
to alter and relocate Depot Square as shown on a plan
entitled"Plan of Alteration and Relocation of Depot
Square, Lexington, Mass., Scale 1" = 20', Jan. 8, 1965,
John J. Carroll, Town Engineer", which plan is on file
in the Town Clerk's Office.
Mr. Brown abstained.
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, Mr. Otis S. Brown,Jr. ab-
staining, with Mr. and Mrs. Gabriel Baker, it was voted
to resume the open meeting.
Mr. Crimp, Architect, Messrs. Hargrove, Mabee and
Mrs. Davison of the Standing School Building Committee,
met with the Board.
Mr. Crimp pointed out to the Board that he was at a
loss to know how to tie in the road system around. the
Moreland Avenue school to the future road systems of the
Town. He pointed out that there was a proposal to tie
in Moreland Avenue in Duffy',s development to the present
end near Davis Road.
Mr. Carroll explained this r .o d would cost approxi-
mately $35,000 even though it was only 700 feet long
because of the extensive filling th_,.t would have to be
done.
Mr. Crimp and Mr. Carroll both suggested the possi-
bility of extending Moreland Avenue in Duffy's develop-
ment to the extension of Philip Road which will be used
as a school driveway.
Mr. Carroll scid this road would also cost approxi-
mately $35,000 and both he and Mr. Crimp thought that this
35
Executive
Sesson
Moreland
Avenue
school
roads
36
would make a more suitable access to the school.
Mr. Crimp asked what the Town was planning to do
with Worthen Road where it crossed Moreland Avenue to
the school property.
Mr. Hargrove said it was possible to connect a drive-
way from the end of Worthen Rood and Duffy's development
to the school temporarily, but this would have to be
removed at a later date when Worthen Road went through.
Mr. Crimp also noted that Blossomcrest Road, where
the State was going to terminte it, was still about 400
feet away from Worthen Road near the school and some day-
this would have to be built.
Mr. Carroll said this would cost approximately $10,001)
and the cost of building about 500 feet of Worthen Road
would be about $35,000.
It was decided to refer the matter to Mr. Carroll who
agreed to come back in two weeks with further proposals
on the subject.
Mr. Crimp, the members of the Standing School Build-
ing Committee, Mr.Carroll and Mr. Legro retired at 9:05 P.M.
The Chairman reported that Edmond Nawoichik, Jr.,
16 Nichols Road, had applied for a Taxi Driver License
today and was waiting to meet with the Board.
Mr. Nawoichik came into bhe meeting and said because
of his mother's illness, his father has not been able
to earn support for the family the last two weeks. He
said he has supported the family and was not informed
until yesterday that he needed a cab license. He said
before Christmas, -.it was mentioned that in the New Year
he would need a license. He said yesterday he was told
he would have to have a license and his employer told
him he would have to have the license tomorrow morning
or he would not be able to work.
The Chairman said Mr. Nawoic ik drove a taxi before
and had a license, and previous to that he was denied a
license. He also recalled that Mr. Nawoichik met with
the Board after the application for alicense had been
denied.
Mr. Nawoichik said he did not know.
The Chairman asked if, to his knowledge, he had ever
been denied a license, and Mr. Nawoichik replied in the
negative.
The Chairman asked if he ever met with the Board with
his mother, and Mr. Nawoichik said he came in with his
father.
The Chairman said Mr. Nawoichik applied for a license
¥arch 1, 1962 and it ws denied. He also read a letter
written at that time advising Mr. Nawoichik that his appli-
cation had been denied.
C.4.1
Cr
Ct
3 7
Mr. Nawoichik said he did not realize it.
The Chairman said subsequent to that a license was
granted, and p:inted out that as late as July of 1963,
Mr. Nawoichik had a traffic violation.
Mr. Nawoichik said that was correct.
The Chairman asked if in a year and a half Mr.
Nawoichik had any violations, and he replied in the
negative.
Mr.Nawoichik said he would like to work for a week,
then he can have the use of the cab to look for a job.
Mr. Sheldon asked if he intended to continue to drive
the cab, and he replied he hoped to continue for a montn
or so.
The Chairman explained the Board does not grant licenses
without first receiving a re -)ort from the Police, but the
Board may be disposed to give him a license pending a
report from the Police Department.
Mr. Sheldon suggested that Mr.Nawoichik leave the
meeting for few minutes during which time the Board would
consider his request.
The Chairman asked if the Board would grant a tempo-
rary license.
Mr. Burnell said this is the same boy who was speed-
ing on Hartwell Avenue and was before the Board with his
mother.
The Chairman said he would be disposed to giving
him a temporary license subject to a police check.
Upon motion duly made and seconded, it was voted
to grant Edmond Nawoichik, Jr., a temporary taxi driver
license for ten days subject to immediate revocation if, on
the record of the Police, the Board thinks it should be
done.
The Chairman asked if another motion would be in
order in the event the police report comes back unfavor-
able since July of 1963 that revocation be immediate.
Mr. Cataldo said the Board should take a look at it.
Mr.Nawoichik returned to the meeting.
The Chairman advised him that the Board has voted
to grant him a temporary license subject to the police
check. Should the police check be unfavorable, it is
subject to immediate revocation.
Mr. Nawoichik retired ,-.t 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, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following discussion relative to the widening of
Massachusetts Jvenue and the property at 1775 Massachusetts
Avenue, Joseph Trani, Inc., it was voted to resume the open
meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:30 P.M.
A true record, Attest:
t ire C1 rk, Sectmen
38
SELECTMEN'S MEETING
March 1, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, March 1, 1965, 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 n'orks,
and Miss Murray, Executive Clerk, were also present.
Messrs. Jaquith and Abbott, of the Historic
Districts Study Committee, Messrs. Nickerson, Ripley
and Hoyt, of the Board of Appeals, Messrs. Bryson,
Greeley, Campbell and Mrs. Riffin, of the Planning
Board, met with the Selectmen.
Request from the Metropolitan Building Movers Co.
Permit for permit to move a house from 238 Wood Street to
16 Bates Road, was held over. Mr. Carroll reported
he had not had an opportunity to go over the route.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meetings held
PP g
February 20 and February 24.
Letter was received from Mr. George D. Comley, on
behalf of the Lexington 4-H Town Committee, requesting
the use of the Selectmen's Room for a demonstration,
Cary Hall for an exhibitandpermission to sell popcorn
on April 19.
Uses of Due to the fact the Chairman and the Executive
halls Pssistant use the Selectmen's Room, the Board felt it
would not be feasible to have the room used for demon-
stration. The Board of Health has engaged Cary Hall
for the same date the 4-H would like to hold an ex-
hibit and it was agreed to advise that another date be
chosen. There was no objection to the proposed sale
of popcorn on April 19.
Mr. Jaquith explained he had requested the meeting
to acquaint the Selectmen and the Planning Board with the
Historic point the Historic Districts Study Committee has arrived
Districts at in its study and the question of extending the time
Study in which the Committee is to make its report. He
Committee said there would be a preliminary report without any final
conclusion. He explained the Committee felt that the
study being made of the business center and the design
1
39
of the future of the business center that the two studies
could go together. He said the Committee is aiming for
a final report at a fall Town Meeting, assuming there is one.
He said if at that time it is feasible, and the Selectmen
and Planning Board want it, the Committee will propose
legislative changes in the Act. He reported when this
study was made, Lexington was the third community in the
State to study historic districts. There was some question
as to how far the Town could go and therefore the districts
were narrowed and not extended very far. Since that time
the Legislature has passed an enabling Act which permits
historic districts zoned by local communities' action
without going to the Legislature.
Mr. Jaquith indicated on the wall map the present
three historic districts and also indicated what the Com-
mittee is proposing relative to the extension of the dis-
tricts. He explained legislation would have to be
submitted to the Legislature and they would follow the same
procedure as before; present it to the Town Meeting as a
resolution to the Board to sign legislation to the General
Court. He said Town Meeting would have an opportunity to
act on it. He said his committee could draft the legis-
lation if the Selectmen wanted it to do so.
The Chairman said he thought the Committee would be
more familiar with it.
Mr. Greeley asked which is
Act or the enabling Act.
Mr. Jaquith replied he has
enabling Act and he thought the
higher authority.
Mr. Greeley said if the Boards are convinced that the
Town's special Act is bett,r than the general enabling Act,
and they want to apply it to the center of the Town, they
should go after it. He said if the Town's act is not
better, it should be discarded.
Mr. Jaquith said as a rule, the Town is better off
acting under a.legislative Act for itself.
The Chairman asked if the Committee could familiarize
itself with the two ways and come in With a recommendation.
Mr. Jaquith said it could if the Board wanted it to
but there are some questions as to how far the Committee's
authority goes.
Mr. Greeley said the Committee's authority comes from
the Town Meeting, and it did•not seem to him that anyone
would call the Committee if it stretched its merits of the
two Acts. He said the Committee, who is studying this, is
in a much better position to make recommendations to the
Board of Selectman. He said the Planning Board has no
particular competence to do this.
better, the Town's special
not made a study of the
Town's special Act is of
40
Mr. Bryson asked if the Committee or the Selectmen
had considered the Battle Green being in the National Park.
The Chairman said if his recollection was correct,
the Selectmen have taken the stand that it not be in the
National Park.
Mr. Jaquith reported that the Committee met with
the National Historic Sites Committee from Boston and
asked if it was the Committee's intent to come into
Lexington and ask for some of the Town's historical sites.
The Committee came out and said no. At that time, the
people in Town felt better about it.
Mr. Bryson said he did not understand the opposition.
The Chairman explained most people feel that the
Battle Green belongs to the Town of Lexington.
Mr. Jaquith said his Committee would like to know
if the Boards had any objection to the Committee's pro-
posal.
No one on the Board of Selectmen expressed any op-
position to the plan as outlined and poLnted out on the
wall map by Mr. Jaquith.
Mr. Bryson said it looked to him like a major issue
to take that much land.
Mr. Sheldon explained the question is not whether
anyone is for or against it. The question is whether
the Committee shall proceed so it can present this and
decide upon it.
Mr. Jaquith explained his Committee wants to put
in its report that it is going to consider the extension
of the districts from the Historic Park area to the
East Lexington railroad. He stated any change or ex-
tension will cause concern to some people. He stated
there will be meetings with the neighborhoods. This
evening he would like to know if anyone thinks it is not
feasible to do this and if so, the Committee will write
another report.
The Chairman asked if the Planning Board could be
recorded at this time as having no objection. He also
asked about the Board of Appeals.
Mr. Nickerson said the plan seemed very good to him.
Mr. Cataldo said as far es East Lexington is concerned,
he would like to know why the Committee would make the
railroad station the cut-off line.
Mr. Jaquith replied that below that, is all basically
commercial and there are no buildings of historic value.
Mr. Cataldo said the Board would like to get all of
East Lexington cleaned up and maybe this would be a way of
doing it. He said he thought all the people in East
Lexington would like to see the district extended down
there to keep controls. He said anything that can be
41
done, everyone down there would be in accord with what
the Committee wants todo. He said if the Committee pro-
posed that the district go to the Arlington line, it would
receive considerable support.
Mr. Jaquith said the Committee could consider that.
The group retired at 8:10 P.M.
The Chairman read a letter from the Planning Board
advising it had scheduled a meeting for March 8 at 8:00
P.M. with Mr. Regis Harrinton, administrator for federally
assisted planning contracts ("701 program"). The Planning
Board would like the Board to attend at least a portion
of the meeting.
Mr. Gray reported that Mr. Boughton, Chairman of the
Capital Expenditures Committee, would like to meet with
the Chairman of the Planning Board and the Board of Select-
men at 7:30 P.M. to discuss this. "701
TheChairman said they could meet with the Board at Program"
twenty minutes to eight.
It was agreed that either Mr.Sheldon or Mr. Cataldo
would attend the Planning Board meeting with Mr. Harrington.
Letter was received from the Lexington Historical
society advising th,st some time ago, the Society acquired a
framed oil portrait of Miss Ellen M. Tower, and it is now
temporarily hanging at Buckman Tavern but must be removed
by the 19th of April when the house opens for the season.
The Society offered the portrait as an indefinite loan, to
be hung in a public room such as the first -floor conference
room in Cary Memorial Building.
The Board had no objections and Mr.Sheldon suggested
that it be hung in one of the rooms in Cary Building.
Upon motion duly made and seconded, it was voted Race
to grant permission to the Greek Orthodox Church, 14
Magazine Street, Cambridge, to start its annual Ten Mile
Run at the Minute Men Statue on April 10, 1965, at 1:00 P.M.
Letter was received from the Appropriation Committee,
in reply to the Board1s request for a transfer of $150 to
the Inspection - Personal Services budget, advising that Transfer
no Reserve Fund money will be available until after the
Annual Town Meeting.
The Chairman reported that when he learned that Chief
Rycroft had been suddenly taken ill and hospitalized, he Temporary
wrote a letter to Lieutenant Corr appointing him Acting Chief
Chief.
The Board unanimously approved the Chairman's action.
42
Invitation was received from ,he Lexington Science
Invitation and Engineering Scholarship Fund Dinner to be held
Thursday, March 25, at Cary Hall.
Letter was received from Officer Benjamin W. Day
Retirement requesting retirement from the Lexington Police Depart-
ment, effective April 18, 1965.
Census
Swenson
land
Sanatorium
Assessment
Cert. of
Inc.
License
Upon motion duly made and seconded, it was voted
to submit the request to the Board of Retirement for
processing.
Request from the Secretary of State, Kevin H. White,
for return of numb r of persons in Lexington as of
January 1, 1965, was referred to Town Clerk for the in-
formation requested.
Letter was received from William R. Page, 25 Oakland
Street, Boy Scout Leader, expressing the hope that the
Board would take into consideration that the Boy Scouts
have been using the woods in back of Swenson's Farm as
a camp site, in its recomr.endation on the article to
acquire the Swenson land.
Notice was received from the County Commissioners
that the amount which the Town is to pay for maintenance
operation and repair to the Middlesex County Sanatorium
for the year 1964 is $2,898.19, payable on or before
the first of April, 1965. The warrant was forwarded to
the Board of Assessors.
Upon motion duly made and seconded, it was voted
to certify the characters of James J. Myers, 148 Wood
Street, Raymond E. Merrill, Jr., 155 Burlington Street,
Marie C. Eberle, 85 North Street, Milton Collins, 14
Gleason Road, and Howard Kiedaisch, 21 Flintlock Roa,
satisfactory references having been received from the
Chief of Police. These individuals have applied to
the State for a Certificate of Incorporation, under the
name of The Lexington Bki Club, Inc.
Upon motion duly made and seconded,
to grant Taxi Driver Licenses to John R.
Hilltop Avenue and Stephen Nawoichik, 16
satisfactory character references having
from the Chief of Police.
it was voted
Malcolm, 1
Nichols Road,
been received
Mr. Gray reported that Mrs. Anthony, Meriam Street,
wants to take students from the Gloucester High School
to Town Meeting and asked to have about. sixteen seats
reserved on the floor.
CAD
1
4
Mr. Sheldon said the students could sit in the
seats on the floor in the rear section of the hall.
Upon motion duly made and seconded, it was voted
to invite the students from Gloucester High School
to attend the Town Meeting.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, ds?iberating or voting on matters which if Ekecutive
made public, might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person.
Following discussion with Town Counsel and a dis-
cussion with the Capital Expenditures Committee, it was
voted to resume the open meeting.
Mr. Carroll, Superintendent of Public Works, re-
turned to the meeting.
The Chairman read a letter from the Historic Dis-
tricts Study Committee, dated March 1, 1965, requesting Historic
the Board to designate one of its members to serve on Districts
the Com-ittee inasmuch as Mr.Brown's term expires with Study
today's election. Committee
Consideration of an appointment from the Board was
held over until the next meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:2L. P.M.
A true record, Attest:
4 C:
et
44
SELECTMEN'S MEETING
March 8, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, March 8, 1965, at 7:40 P.M. Messrs. Cole,
Burnell, Cataldo, Sheldon and Mabee 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 abated that nominations were in order for
Organization nomination of a Chairman.
Upon motion duly made and seconded, Mr. LincolnP.
Cole, Jr., was nominated for Chairman.
Upon motion duly made and seconded, nominations
were declared closed.
Motion was duly made and seconded to elect Mr.
Cole Chairman and the Clerk east one ballot for Mr.
Lincoln P. Cole, Jr., Chairman of the Board for the
ensuing year.
Hearing was declared open upon petition of the
Conduit New England Telephone and Telegraph Company for per -
location mission to locate 288' of underground conduit in Massa-
chusetts Avenue fnnm Oak Street, northerly then westerly,
and in Oak Street from Massachusetts Avenue southwesterly.
Mr. Robert Dunn, representing the petitioner, was
the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner's
plan and also filed with the Superintendent of Public
Works.
Mr. Dunn explained the proposed conduit location
is to reinforce the duct line going up Oak Street and
the company would like to do this before Massachusetts
Avenue is resurfaced.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit lo-
cation:
Massachusetts Avenue: Northerly, then westerly, from
Oak Street, approximately 288' feet of underground
conduit to M H 54/5o.
Oak Street: Southwesterly, from Massachusetts Avenue,
approximately 116' feet of underground conduit to
Pole 72/2.
C.
rt
1
45
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to locate 370 feet of undergro;.nd conduit in. Conduit
Pleasant Street. location
Mr. Robert Dunn, representing the petitioner,
was the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner's
plan and also filed with the Superintendent of Public
Works.
Mr.Dunn explained because of the widening of Route
2, the company wants to do this work and get across
Route 2.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit lo-
cation:
Pleasant Street: Northerly side, from Pole 80/43, at
(state highway) station 16+00 easterly, approximately
370' feet of underground conduit, to
Pole 80/40 at station 19+15.
Hearing was declared open upon petiton of the New
England Telephone and Telegraph Company for permission
to locate 75 feet of conduit in Massachusetts Avenue from Conduit
Marrett Road, and 67 feet of conduit in Marrett Road from location
Massachusetts Avenue.
Mr. Robert Dunn, representing the pet itioneg was
the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner's
plan, and also filed with the Superintendent of Public
Works.
Mr. Dunn explained the proposed conduit location
is to reinforce the conduit line so as to get in and out
before resurfacing of Massachusetts Avenue is started
and to increase the facilities.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit lo-
cation:
Massachusetts Avenue: Easterly, from Marrett Road,
approximately 75' feet of under-
ground conduit, to M H 51./20.
Hearing was declared open upon petition of the New
England Telephone Company and the Boston Edison Company
for permission to locate one pole on Pearl Street.
46
Mr. Robert Dunn, representing the telephone company,
and Mr. Serverson, representing the Boston Edison Company,
were the only persons present at the hearing.
Notices of the hearing were mailed to the petitioners,
owners of property as listed on the petitioners' plan,
and also filed with the Superintendent of Public Works.
Mr. Serverson explained the pole is to serve a new
house at the end of Pearl Street.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following i/o pole
location
Pearl Street, northeasterly side, approximately 375
feet southeast of Bartlett Avenue, --
One (1) pole.
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to locate 435 feet of conduit and one manhole in Spring
Conduit & Street.
Manhole Mr. Robert Dunn, representing the petitioner, was
location the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner's
plan, and also filed with the Superintendent of Public
Works.
Mr. Dunn explained the company has to cross Route 2
and get underground at the time the State is going to
widen the road.
Mr. Carroll stated this is more State highway than
it is Town.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit and
manhole location:
Spring Street: Westerly side; from pole 90/4 northerly,
(State highway) approximately 435' feet of underground
Conduit to pole 90/40; also, one (1)
manhole.
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company to locate conduit
and manholes in Waltham Street.
Mr. Dunn, representing the petitioner, Mr. and Mrs.
Herbert Drury, 792 Waltham Street, and Mr. Charles W.
Holderman, 770 Waltham Street, were present at the hearing.
1
47
Notices of the hearing were mailed to the petitioner,
owners of property as listed on the petitioner's plan,
and also filed with the Superintendent of Public Works. Conduit &
Mr. Dunn explained because of the State relocating manhole
and doing work in the area, the company has to relocate location
the conduit on the other side. This will go underground
and give a connection to the area whare the Burroughs
Company is now.
Mr. Drury asked if the conduit would be located on
the property line.
Mr. Dunn explained the exact location by use of a
plan.
Mr. Holderman said there did not appear to be any
problem.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign thE. order for the following conduit and
manhole locations:
Waltham Street: Westerly side, from M H 54/48 at Concord
Avenue, northerly, approximately 1729'
feet of underground conduit to point
(A) also, two (2) manholes.
Waltham Street: From Point (A) northerly, then easterly,
approximately 192' feet of underground
conduit; also, one (1) manhole.
Frontage Road A: From Waltham Street, westerly approxi-
mately 215 feet of undergorund conduit.
Waltham Street: From M 54/44, southerly, approximately
20 feet of underground conduit.
Waltham Street: Easterly side, from M H 54/48, northerly,
abandon approximately 1862' feet of under-
ground conduit and two(2) manholes.
Messrs. Dunn, Serverson, Drury and Holderman retired
at 7:50 P.M.
At the request of the Town Clerk, three persons
were drawn for jury duty. Those drawn were:
Theodore W. Lanman, 3 Whitman Circle.
Donald B. White, 212 East Street
Robert C. MdChesney, 101 Bertwell toad
Jurors
48
The Capital Expenditures Committee and the Planning
Board met with the Selectmen.
Mr. Boughton said he would like to talk about the
Long Range Financial Study proposed under Article 70,
and to find out if the committee has support on this.
The Chairman asked if this was the 701, and Mr.
Boughton replied in the affirmative.
Mr. Bryson said the figure is now $12,000.
The Chairman asked if Mr. Bryson was recommending
to go ahead with this and the other article.
Mr. Bryson replied in the affirmative and stated
one is a long-range study of the Center that should be
done if Massachusetts Avenue is to be widened.
The Chairman asked if the whole Center proposal falls
down and Town Meeting says "no", how valid the study would
be.
Mr. Bryson replied the rush on the Center business
study would be off and this could be incorporated in the
long-range study and receive Federal aid.
The Chairmen said if the Center projedt is defeated,
in his opinion, it will throw the whole thing off for the
foreseeable future. He asked how valid the study would
be.
Mr. Bryson stated the Center business district study
would be off, but the long-range financial study would be
even more important.
Mr. Greeley said if the widening does not go through,
he assumed the merchants will not be coming through with
their contribution.
Mr. Bryson read a statement prepared by Mrs. Riffin.
Mr. Bryson said the Planning Board has interviewed
three or four consultants and it is more and more enthusi-
astic of what this could do for the Town.
Mr. Cataldo asked if Whitman & Howard was considered
in this study, and Mr. Bryson replied in the negative.
Mr. Boughton said they do not engage in this kind of
study.
Mr. Zaleski said that was correct. Another firm
of Atwood and Blackwell does Whitman & Howard work and
Blackwell was considered.
Mr. Cataldo stated it had been brought to his
attention that Whitman & Howard did get into this field;
Metcalf and Eddy used to work for the Town and there is
some reason that this was discontinued.
Mr. Bryson said he had an unfortunate experience
with Whitman.& Hovard in the water supply - they just
did not have it.
Mr. Cataldo asked if Whitman & Howaaid designed the
system and Mr. Carroll replied in the affirmative.
Mr. Bryson said they put it in the street.
1
49
Mr. Fowle said the major part wasdone by the MDC.
Mr. Greeley said he believed Whitman & Howard has
done 701 in the past. They refer it to Atwood & Blackwell.
Mr. Cataldo said his reaction was that Whitman & Howard
does not get into this type of study. He asked if anyone
could come up with projections of twenty and twenty-five
years that the Board feels it could be guided by.
Mr. Bryson replied there has to be a great many as-
sumptions made. The assumptions and reason they arrived
at it affect how much the Board believes in it. He said
seeing studies Metcalf & Eddy has made in similar towns
leads him to believe the Town would get its money's worth
in this type of study.
Mr. Boughton said it would be a mistake to expect
this plan to be a prediction for the future; things will
happen that will be unfaieseen, but this does not make it
any less valuable for the Town to have an overall frame-
work, in which to consider the areas where action has to
be taken.
The Chairman said Whitman & Howard does work for
the Town now, and as a Board, the Selectmen are satisfied.
Mr. Boughton said part of the contract revolves around
the people invoked. The Committee has met with the people
who are working with Metcalf & Eddy. The leading gentlemen
in particular is ideally experienced in town planning and
was a Town Planner in Pennsylvania. He said he was im-
pressed at the breadth of services they have at their
disposal to call upon. They have recognized experts in
these fields.
The Chairman said he assumed Mr. Boughton wanted an
expression of opinion of the Board. He stated the Board
nad not been polled and asked if it would be all right if
the Board gave an answer later in the evening.
Mr. Boughton replied in the affirmative.
The Chairman said when the Board met with the com-
mittee later in the evening, he would let it know the
Board's answer.
The group retired at 8:00 P.M.
Lieutenant James F. Corr met with the Board.
Up&n 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 Executive
any person. Session
Following a discussion of police matters with Lieu-
tenant Corr, it was voted to resume the open meeting.
Mr. Carroll, Superintendent of Public Works, returned
to the meeting.
50
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Building Movers
Co. to move a house from 238 Wood Street to 16 Bates
Road, subject to the usual conditions.
Letter from Howard M. Kessler requesting additional
Traffic pedestrian lights at the Lowell Street, Maple Street and
Winchester Driver intersection, was referred to the Traffic
Study Committee.
The Chairman read a letter from Jules P. Sussman, 15
Street Holmes Road, reporting that the street signs at both ends
signs of Holmes Road have been down for some time.
Mr. Carroll said these signs would be taken care of.
The Appropriation Committee, Chairman of the Board
of Assessors, Chairman of the Cemetery Commissioners,
Chairman of the School Committee and Dr. Fobert, Super-
intendent of Schools, met with the Selectmen.
Mr. Blaisdell explained the meeting was called by
the Appropriation Committee because it is required in
the By-Laws,for the purpose of reviewing the budgets
and expenditures for the Annual Town Meeting. He sug-
gested that the meeting be thrown open for any questions
glom the floor.
The Chairman read a letter frog. Town Counsel, with
reference to Article 65 in the warrant, requesting that
the amount and method of payment be determined.
It was agreed to bond $200,000 over a period of ten
years, the balance of $50,000 to be on the tax rate.
The Chairman said, with reference to Article 72,
that bids will be opened March 18. The motion can be
Bids written leaving the figure blank and when bids are opened,
Pub.Facili- it can be inserted and will have tocome out of the
(ties Bldg. tax rate.
At 9:05 P.M., the Capital Expenditures Committee and
Planning Board arrived at the meeting.
The Chairman said the Board was going to once more
review the center problem and widening of Massachusetts Avenue.
He said this all came about when the Board of Selectmen
lerned two major pieces of property changed hands. Before
the Board pursued widening Massachusetts Avenue, the Select-
men contacted the Planning Board and received its approval.
That Board also felt the widening necessary.
Mr. Greeley said he thought every Planning Board since
the very early thirties has considered the widening of
Massachusetts Avenue as highly desirable from many points
of view.
He said the question was asked at the High School
the other night?, "Could you handle the traffic by elimi-
nating parking? He said he thought if parking was
stopped on bothsidesof the avenue, the present width
would be adequate. He said he thought to prevent all
stopping and interference of traff ic'incident to live
parking is infeasible; to prevent short-term parking
along the curbs is a real detriment to business and
makes the reputation of Lexington Center much less at-
tractive. Could you candle the traffic otherwise? Yes.
Could it be done well? I think by no means. It would
not be possible to widen sidewalks that are now in many
places inadequate. Aesthetically, the Hunt Block must
be removed. It has not been much of a contribution to
the attractiveness of the area for a long while. If it
is decided not to widen, the building will not be moved.
He said he thought the issue of the Central Block is
much less clear cut aesthetically, and believed the
Central Block will be taken down whether the street is
widened or not. He said the additional width is im-
portant as an approach to the Common from the Town and
from Boston and going from the Comon into the business
district. He stated that neither the aesthetic argument
or the traffic control argument holds as much weight as
the third argument; are we trying to take steps so the
Center can compete with the other shopping centers or are
we going to pinch pennies and in a very few years find our-
selves in the same situation that exists in Framingham,
Stoneham and Woburn. They have vacant stores and three
of these have applied for urban renewal. He said even
Arlington has taken a step to improve the center. He
said a good job has been done with off-street parking, but
no steps have been taken for widening Massachusetts Avenue
or encouraging the owners of business to improve the ap-
pearance of their property. The owners at the present time
indicate a real interest, and if the Town provides leader-
ship, it can expect the owners to really take some steps
to have a thriving business center. He said if the chance
for which the Town has been waiting thirty years is lost,
to eliminate the bottleneck and eliminate the eyesores, it
will be another thirty years before anything is done.
Mr. Cataldo explained the finances involved and stated
the total cost would be $250,000. The only condition on
this is the land exchange in Article 66, 803 square feet,
and Article 67, 904 square feet, a total of 1707 square
feet. He said this is the only condition. The other
condition of $40,000 for discontinuance of existing use
is no longer. He reported the Board has negotiated with
the people of the Hunt Block and the damage would be within
52
this figure without the use of apartments. It pays for
the damages of the Hunt Block, it pays for the damages
of the Trani Block and pays for the damages of the Baker
Block. He said the negotiations on the Hunt Block and
Trani Block are close to being agreed upon. Mr. Baker's
attorney has not contacted Town Counsel.
Mr. Cataldo said, #2, the $250,000 pays for the land
the Town is taking; the Hunt Block, 2907 square feet, the
Trani Block, 1018 square feet, the Baker Block, 2176 Square
feet. The last thing it pays for is the construction of
the complete pro Opt. This is the construction from the
Baker Block up to Mariam Street, including the Central
Block. This is the only reference them; will be to the
Central Block.
He said presently there is Massachusetts Avenue with
a layout of fifty feet, sidewalk layout of nine feet from
the Baker Block to Depot Square. Massachusetts Avenue
would be sixty-five feet curb to curb and a sidewalk layout
of twenty feet. Furthermore, a serious problem would be
corrected. On the existing sidewalks, there is a slope
grade of 10%. He said there is a nine foot sidewalk with
a dangerous pitch and this problem would be eliminated.
He explained the sidewalk on the other side of Massachusetts
Avenue would not be changed but would remain as it is. He
explained if the Board has an agreement, it will still be
an eminent domain taking, but on agreeable terms.
Mr. Sheldon pointed out there will be no change in
figures. This is to clear up the title.
Mr. Battin asked if the Board would have an agreement
with Baker by Town Meeting, and Mr. Cataldo replied he
would sayso. The Board has had him in and it was left
with him that his attorney would contact Town Counsel and
come up with a figure oh his damages. He said the Board
had an original estimate of what it thought the damages
would be and the appraisal has more than justified it.
The Board hopes to come in with firm agreements on the
Hunt Block and Trani Block. He said the Board would not,
under any conditions, break these down as how the mflney is
going.
Mr, Greeley said if the Board has agreements on two
of the three properties, it does pretty well show how
the Baker damages would go.
Mr. Parrish said he understood there is considerable
difference Of opinion between the Sei ctmen and the Appropri-
ation Committee as what the renovations of the present
building would be. He said he understood there would be
major renovations.
Mr. Cataldo explained if this does not go through,
the Board saw what they are going to do to the building.
The money they will be spending will be the individual
1
1
53
store owners and Trani. They were going to sign long-term
leases. The Board felt it would be more expensive to the
Town to wait.
Mr. Battin asked, if the Board did not get an agree-
ment with Baker, would it be more feasible to postpone
this until a later Town Meeting in June or September and
have a more leisurely study made of the down -town area.
Mr. Cataldo replied in the negative. He said the
people of the Hunt Block have been very cooperative. They
have not signed any leases because of this project and it
is not fair to ask them to wait any longer. He said he
has almost held Mr. Baker by the hand trying to get him
to work up some figures for the Board. He said the
Board has been very fair, and if it gives him six months,
he did not think Mr. Baker would move any faster. He
said everyone ih that building knew this would happen
some day.
Mr. Bryson said if the Town does not go through with
this widening and the Center does deteriorate further,
this could very well affect property values through the
whole Town. The Selectmen appointed a committee under
the Chairmanship of George Kolovson. They submitted a
report and had a study made which indicated if Lexington
is to have an attractive center, the first step is this
widening. Following that, would be the study proposed
under Article 71, part of which would be paid by the
merchants themselves and the owners. This would be done
very quickly. They are all set to go the minute Town
Meeting votes this.
Mr. Gary said there could still be attractive build-
ings in the Center wihh the avenue the way it is.
Mr. Cataldo said he thought they were all saying the
ideal condition would be to have Massachusetts Avenue
widened and there are many advantages. He said the
ideal Condition is to have the avenue widened. Good
looking buildings can be put on any street.
Mr. Gary asked if it was fair to imply the future
of the Center is dependent on adding fifteen feet to
the Center.
Mr. Greeley replied he thought it is very signifi-
cantly so. If the merchants are told that the citizens
are not interested in carrying through their part of the
program, then he thought the merchants would be given
a kind of rebuff.
Mr. Gary said the question is whether the Town should
stimulate them to the tune of $250,000, and asked what
about $500,000, where would the line be drawn.
Mrs. Rawls said she was interested in what is going
to happen to the second and third floors. She said she
54
aro
had not heard how many offices would fit in, could they
rent them if they put them in and where will the cars
be parked.
Mr. Cataldo explained number one, the second and
third floors, the Town cannot control any property
owner. If he wants to build a three-story building
with one floor of stores and to two of offices, he
thought he would know what he is doing. In any event
the Town could not stop him.
Number two, as far as the parking is concerned, the
Town does have municipal parking for every other busi-
nees in the Town.
Mr. Parrish asked at what point the owners of the
Central Block might come to the Selectmen with the same
argument.
Mr. Cataldo said Mr. Parrish was talking two differ-
ent situations. He said the Board would have to take
some of the people involved in good faith. The condition
of the Central Biock vs the Hunt Block has no comparison.
The Central Block building has to come down.
Mr. Parrish asked how much the merchants are willing
to spend to make the down -town area more attractive.
The Chairman explained that the merchants did not
come to the Board for the $250,000. This started out
with the Board. From the beginning,the Board has
talked $250,000.
Mr. Noyes said he does agree with the Planning Board
that this is really needed. He said he did not think
the Town was being asked toput up the whole $250,000,
and Mr. Cataldo's figures show that the Town will certainly
get something back. He said this calls for a little vision.
Mrs. Souza asked about the time schedule.
Mr. Cataldo explained the taking would have to be
made within thirty days and an award made within sixty
days. The 1775 Trust will start immediately uponall
tenants being out of the building 90 or 100 days.
Mr. Cataldo pointed out that the Board started
negotiations around the fifteenth of November and has
come this far. It cannot wait six months or a year.
This has to be done now or forgotten.
Mr. Cataldo said, with reference to the Hunt Biock
alone, the Board has taken the results of the Financial
Study Committee and for 1965 the tax rate is $40.10 which
will net the Town $6,684.67 in taxes. He read a letter
from the 1775 Trust dated March 1 and said with this
letter and this rendering the Boad came up with an esti-
mated assessment of $550,000 based on a 40,000 square
foot building. The Battle Green Inn is assessed for
$589,000 for about 10,000 square feet less. Taking it
from there, the present income of $6600 going to what it
would be in 1966. He estimated a 75% completion of the
building, based on the Financial Study Committee. rate
of $43,50, the income would be $17,943.75. In 1967
rate of $49.50, income $27,225. In 1968, rate of $53.10,
income $29,205. In 1969, rate $56.55, income $31,102.50.
From there he used the same figure to give a total figure
of $298,775.93. The first bonding payment would be due
in 1966. He said he feels the Board has a very conser-
vative projected estimated assessment.
Mr. Cataldo advised that the construction figure for
the avenue as submitted by Mr. Carroll is $20,000.
Mr. Greeley explained the construction is basically
sidewalks and curbing.
Mr. Cataldo stated the only way this project could
be more than $250,000 is if Articles 66 and 67 in the
Warrant do not pass at Town Meeting.
The group retired at 10:40 P.M.
Mr. Carroll reported on garbage bids and it was
agreed to invite Mr. Roketenetz, who submitted the low
bid, to meet with the Board before the contract is
awarded.
Mr. Carroll was requested to refer a water bill of
$249.49 for water used by the DePietro family, 561
Massachusetts Avenue, to Town Counsel.
Mr. Gray reported on the letter from the Air Base
and meeting called by the Chairman with reference to the
problem of sea gulls at the Sanitary Land Fill area.
Minutes of the meeting were taken and mailed to the
Board.
Upon motion duly made and Seconded, it was voted
to adopt the policy outlined in the meeting to eliminate
the sea gulls.
Mr. Carroll retired at 10:55 P.M.
Letter from the Historical Society with reference to
a change in the fire alarm warning system at Buckman
Tavern was referred to Mr. Gray who was requested to
follow the matter through.
The Chairman read a letter from the Planning Board
advising that by a majority vote, the Board is in favor
of utilizing the Fuller Hill land as the site for the
Kennedy Memorial Library.
It was agreed to write Mr. Alan B. Wade, 524 Concord
Avenue, who originally introduced this subject to the
Bids
Water bill
Sea Gulls
Fire alarm
system
Buckman 'fir
56
Board of Selectmen on February 8, 1965, that the Board
is inters°:sted and he should Come back to the Board with
an expression from the neighbors as to what their wishes
are for the use of this land.
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr.Mabee as the Board's representative to
the Board of Directors of the Lexington Visiting Nurse
Association and the Board's repremntative on the Execu-
tive Committee of the Library Trustees.
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr. Shidon to serve on the Historic Dis-
tricts Study Committee to replace Mr. Brown who did
not run for re-election.
Letter was received from Mr. Irwin, Building In -
Aluminum spector, relcitive to potential hazards of aluminum
siding siding. He recommended that the Standing Building Code
Committee be given the matter for considerr,tion.
Mr. Gray was requested to discuss the subject with
Mr. Irwin.
The Chairman reported that the Lexington Choral
Society would like the Board to issue a problamation
Proclamation making a certain week its 25th anniversary.
Mr. Burnell mentioned that the Board had more
or less established a policy of not issuing procla-
mations.
Upon motion duly made and seconded, the Chairman
was authorized to issue a proclamation.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to William F. McKay,
License 34 Grapevine Avenue, satisfactory character references
having been received from the Police Department.
Upon motion duly made and seconded, it was voted
to grant a %i Driver License to Chester W. Snow, 18
License Hill Jtreet, satisfactory character reference having
been received from the Police Department.
Upon motion duly made and seconded, it was voted
License to grant a Common Victualler license to Orlando
DiGregorio and Gloria DiGregorio, d.b.a. Colonial
Coffee House, 29 Depot Square.
The Chairman, with referenee to the death of Chief
John W. Rycroft, said there is a way out if the Board
does not want the Chief under Civil Service. It could
C7'
CI
1
5'i
make a Superintendent of Police that will not be under
Civil Service.
Mr. Sheldon asked how the Acting Chief felt.
Mr. Gray said he feels whether it is he ornot, the
Chief should not be under Civil Service.
The Chairman said up to now, he does not know of
any of these appointments being political, but he thought
it was possible some time in the future the Board could
be political and a man in the office could find himself
out.
Mr. Cataldo said there Its no question but this is
a possibility. Chief of
Mr. Mabee asked if that would hold forever. Police
Mr. Sheldon stated one Board cannot bind a future
Board and the only man the Board is protecting is the
man being discussed.
Mr. Cataldo said he could see no advantage to the
Town of Having only one officer not under Civil Service.
He said the Board knew this man can top the exam. He
said if tne Board wants to go in the direction of having
the entire department taken out of Civil Service, he
would be in favor.
Mr. Gray was requested to obtain a legal opinion on
the subject before taking any action.
Upon motion duly made and seconded, it was voted Bill
to approve bill received from R. M. Bradley & Co., Inc., approved
for appraisal made of the 1775 Trust property, the Trani
property and the Baker property in Lexington Center.
Mr. Gray said he hs.d Mr. John Barry's request for
retirement, effective May 14.
Mr. Gray was instructed to refer the request to
the Board of Retirement for processing.
Mr. Gray reported he had received correspondence
from the Library. It was discovered that the fire alarm Library
system has never been connected to the fire station.
The figure last Friday was $773.10, which is a firm
estimate. He said he did not think this should wait,
that the work should be done as soon as possible. He
suggested that they charge it to the maintenance budget,
and if the account is short, request a transfer. The
Board agreed with Mr.Gray.
Mr. Gray reported he received a letter from Mr.Aiden L.
Ripley, suggesting four more words to the proposed leash
law.
Mr. Sheldon said if the Town votes what is now written,
no one could take a dog hunting and suggested changing the
wording of the motion.
58
Mr. Cataldo explained hunters may obtain permission
Leash law from the owner of the property to hunt without having
the dogs leashed.
Mr. Sheldon agreed to contact Mr. Ripley and explain
that Minters may take their dogs onto land with permission
of the owners for hunting without being leashed.
Mr.Burnell said the Board has discussed Eldred
Street and police protection, and sinee this was last
discussed, he has had a chance to check a little further
and he will still be opposed to taking off the police
Eldred officer who has been protecting that street until such
Street time as a more complete tudy can be made and some con-
clusion arrived at as to what type of protection there
must be. He said this is bince the las# time the Board
talked about it.
Mr. Cataldo asked if Mr. Burnell wished tobe re-
corded ascpposed to removing the Police Officer.
Mr. Sheldon asked if he proposed that this be
done by regular men on regular hours.
Mr. Burnell replied this is up to the police.
Officer Carlson has been complaining about this for some
time. He is penalized by having to go up the°e. He
said he checked with the Chief who said he was being
paid for the work and there was no penalty being placed
on him. There is a problem at Eldred Street and he
would like to see some solution made of it before the
Board ceased doing what it is doing.
Mr. Sheldon asked which, in Mr. Burnell's opinion,
situation is worse, the situation at Eldred Street or
the situation at Hartwell Avenue.
Mr. Cataldo said this is the officer's job and he
will do what he is told to do. If the Board or the
Chief decides to send them up to Eldred Street, that
is where they are going to be.
The Chairman said the Board should bear in mind
the reason for it being stopped at this time, the
shortage of men.
Mr. Burnell said the Traffic Study Committee con-
tinually goes over this problem, but isnot able to
solve it whether Lieutenant Corr could help them, he
did not know. He saic. the problem exists because of
Route 128, and the problem that exists in this stretch
of neighborhood street is because of traffic coming out
and heading for 128. He said he would like to hold
onto what he has.
Mr. Cataldo said the only answer is direct access
to Hartwell Avenue from Route 128, and this should be
opened up with the Air Force even if it entails going
to Washington. He said it is the only answer to
straighten out this whole area, and it should be re-
activated; one reason why he wanted more in the Out of
State Travel Account.
The Chairman said that portion of the Executive
Session can be declared out. He asked if Mr. Burnell
wanted to move reconsideration of the vote taken earlier
in Executive Session.
Upon motion duly made and seconded, it was voted
to take that portion of the meeting out of Executive
Session.
Mr. Burnell said until after Town Meeting, another
three weeks.
The Chairman asked if it didn't impress Mr. Burnell
that there is a shortage in men and the departmeht does
not have the personnel.
Mr. Burnell replied in the affirmative.
Mr. Sheldon said the only way is to pay overtime
so other areas will not be neglected.
Mr. Gray pointed out that at that time of the morning,
there is no one on the desk.
Mr. Cataldo said this would cost $12.00 a day.
Motion was made and it was voted to reconsider the
vote taken earlier in Executive Session.
Mr. Cataldo said he could not see coming up with
anything different than is there now as an answer for
a year at least than a man standing there.
Mr. Burnell said he thought he had stated his side
clearly and the problem up there.
Mr. Cataldo pointed out that there are similar
problems in many areas being left open with an officer.
Motion was made that the Boardcontinue with the
police protection at Eldred Street. The motion was
not seconded.
Upon motion duly made and seconded, it was voted
to discontinue police protection at Eldred Street.
Upon motion duly made and seconded, it was voted
to rescind the vote to dincontinue police protection at
Eldred Street.
Upon motion duly made and seconded, it was voted
to continue police protection at Eldred Street, the
officer to be paid on an overtime basis until the results
of the Traffic Study Committee meeting, which will be no
later than the second week after the Final adjournment
of Town Meeting, are presented to the Board.
Upon motion duly made and seconded, it was voted
to adjourn at 12:04: A.M.
A true record, Attest: „ /
pzecir iveCler1 , Select
69
60
SELECTMEN'S MEETING
March 15, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, March 15, 1965, at 7:00 P.M. Chairman Cole,
Messrs. Sheldon and Mabee were present. Mr. Legro,
Town Counsel, Mr. Carroll, Superintentent of Public
Works, Mr. Gray, Executive Assistant, and Miss Murray,
Executive Clerk, were also present. Messrs. Burnell,
and Cataldo arrived at 7:25 P.M. and Mr. Legro arrived
at 7:40 P.M.
Hearing was declared open upon petition of the
Gulf Oil Corporation for permission to increase the
storage capacity of underground gasoline tanks from
12,000 gallons to 18,000 gallons on premises located
at 324 Marrett Road.
Notice of the hearing was mailed, certificate
of mailing, to the petitioner, owners of the property
Gulf Oil deemed to be affected as they appear on the most
Company recent tax list, and also advertised in the March 4,
hearing 1965 issue of the Lexington Minute -man.
Mr. Celeste, Gulf Oil Engineering Department,
Mr. Lennerton, Gulf Oil manager, New Hampshire, and
Mr. Kennedy, Gulf Oil Sales Department, were present
at the hearing.
Notice of the hearing was read by the Chairman
who also read a letter from Mr. R. I. Brown, Gulf Oil
Corporation, dated February 214., 1965, stating approval
had been received from the Board of Appeals to rebuild
the service station located at 321+ Marrett Road.
The Chairman stated that Chief Engineer Belcastro,
of the Lexington Fire Department, had been notified
and indicated his disapproval.
Mr. Lennerton stated the petitioner intends to put
up a station that will better represent it and add a
lot more charm to the corner. It is proposed to make
the deliveries more economical by increasing the storage
capacity from 12,000 gallons to 18,000 gallons. He said
it is proposed to sink six 3,000 gallon tanks and that
the station now does about three quarters of a million
gallons. With the demolition of the station and erection
of new one they expect to do close to a million gallons,
and do not want to be in the position of having a truck
transporting into the station every other day. He said
the number of deliveries could be limited and there would
be no great fire hazard.
The Chairman said the corporation had another station
in Lexington.
1
61
Mr. Lennerton said that was correct, one operated
by George Rowe with an underground storage capacity of
12,000 gallons.
The Chairman inquired about the storage limit in
other towns where the corporation has stations.
Mr. Lennerton said that some towns have no limits
and in others there are limits. Where they construct
a new station today they prefer to have 24.,000 gallon
storage made up of six 4,000 gallon tanks. Then they
are in a position where they do not run out of product
and can give customers better service.
Mr. Sheldon said he would like to know what the
other towns are going to do.
Mr. Celeste reported they have a storage capacity
of 24,000 in Chelmsford. They intend to make night
deliveries and keep the trucks out of town. On a holi-
day weekend, they cannot run from 7:00 Saturday night
until 7:00 Monday morning because it is against the law.
If the dealer runs out, he can't get any more.
Mr. Sheldon asked about Concord, Bedford, Needham,
Belmont, Reading, Wakefield.
Mr. Celeste replied it is all on application as it
is here and he has yet to be turned down. He said the
trucks are getting larger and larger every day.
Mr. Kennedy said in Belmont there is a limitation
but it is over 18,000 gallons.
No one appeared in opposition.
The Chairman declared the hearing closed and
stated where the requested increase is over what the Town
has had before, he would prefer to have all members present
act on the application.
Messrs. Celeste, Lennerton and Kennedy retired at
7:15 P.M.
The Chairman read a letter from Harold Michelson,
1788 Massachusetts Avenue, requesting relocation of a
Boston Edison pole located in the rear of 1780 Massachu-
setts Avenue.
The subject was referred to the Superintendent of
Public Works for his recommendation.
The Chairman read a letter from the State Depart-
ment of Public Works, in reply to the Board's letter of
January 5, 1965, stating that Lowell Street from the
Burlington Town Line to Maple Street and Massachusetts Federal Aid
Avenue from Pleasant Street to the Arlington Line are Secondary
adequately served by Summer Street from Maple Street System
to the Arlington Line and Bedford Street from Massachu-
setts Avenue to the Bedford Line, and both are contiguous
Federal Aid Secondary Routes.
62
Bond
Bond
Bond
April 19
stand
Permit
The Chairman read a letter from the State Depart-
ment of Public Works stating that the installation of
traffic lights at Simonds Road is on the list of Traffic
Betterments for fiscal 1966 and it is anticipated, subject
to approval of funds, that this signal will be constructed
during the last half of 1965.
Upon motion duly made and seconded, it was voted
to approve Public Official bond 86-72-21 in the amount
of $3,000 on behalf of Kenneth M. Cox, Constable.
Upon motion duly made and seconded, it was voted
to approve Public Official bond 8028615 in the amount
of $1,800.00 on behalf of Mary R. McDoncugh, Town Clerk.
Upon motion duly made and seconded, it was voted
to approve Public Official bond 8028611, in the amount
of $86,500.00, on behalf of Mary R. McDonough, Town
Treasurer.
The Chairman read a letter from the Stanley Hill Posts
American Legion, requesting permission to operate a stand
on April 19, 1965 adjacent to the Chamber of Commerce
Information booth.
Upon motion duly made and seconded, it was voted
to grant the request.
The Chairman read a letter from the Stanley Hill
Post, American Legion, requesting permission to operate
two children's rides, 3 Fletcher Avenue, on April 19,
from 12:00 noon until 5:00 P.M.
Mr. Gray was requested to check with Mr. Nickerson,
Chairman of the Board of Appeals, to determine whether or
not a permit from that Board is necessary.
Upon motion duly made and seconded, it was voted
Permits to grant Yearly Dump Permits to Alden P. French, 6 Hardy
Road, Bedford, and Raymond R. Harris, 50 Skelton Road,
Burlington.
Upon motion duly made and seconded, it was voted
License to grant a Sunday Sales License to Captain Bob's Seafood,
50 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to
License grant a Taxi Driver License to David C. Warren, 39 Adams
Street, satisfactory character reference having been re-
ceived from the Police Department.
6t
Upon motion duly made and seconded, it was voted
to renew a Taxi Driver License to William Brenchick, Jr.,
L1.8 Lincoln Street, subject to satisfactory character License
reference being received from the Police Department.
- Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectments Meetings held Minutes
March 1 and. March 8.
Mr. Gray said the Civil Service list for appoint-
ments to the Police Department would be available. Civil
Upon motion duly made and seconded, it was voted Service
to request Civil Service for the eligible list.
The Chairman said there is a possibility that some-
one from the Town Meeting floor would move a resolution
regarding the events in Selma, Alabama and rather than
have some misguided motions from the floor, he felt by
others and himself that it should come from the Board.
He read the resolution prepared which was approved by
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.
Follcwing discussion relative to matters in regard
to the proposed widening of Massachusetts Avenue, it was
voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 7:55 P.M.
A true record, Attest:
/
Exec lve
Select
Resolution
64
Jurors
SELECTMEN'S MEETING
March 22, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, March 22, 1965, at 7:00 P.M. Messrs.
Burnell, Cataldo, Mabee and Sheldon were present. Mr.
Legro, Town Counsel, Mr. Carroll, Superintendent of
Public.Works, Mr. Gray, Executive Assistant, and the
Acting Clerk were also present.
In the absence of Mr. Cole, Chairman, Mr. Burnell
acted as Chairman.
Miss Mary R. McDonough, Town Clerk, met with the
Board for the drawing of three jurors. The following
individuals were drawn for jury duty: Sherman H. Starr,
62 Hill Street; James 0. Malcolm, 1 Hilltop Avenue, and
Allen M. Mintz, 51 Blake Road.
Miss McDonough retired.
Hearing was declared open upon petition of the Boston
Edison Company and the New England Telephone and Telegraph
Company for permission to locate two poles, guy wire and
anchor on first pole, on Worthen Road.
Pole Mr. Serverson, representing the Boston Edison Company
locations and Mr. George Cooley, representing the New England Tele-
phone and Telegraph Company, were the only persons pre-
sent at the hearing.
Notices of the hearing were mailed to the petitioners,
owners of property listed on the petitioners' plan, and
also filed with the Superintendent of Public Works.
Mr. Serverson explained the company was extending pole
lines to service the new Grace Chapel - new service going
in and the old coming out.
Mr. Carroll stated the locations were approved by his
department. He also stated for the Board's information
that there was a letter requesting street lighting. The
Board will have to consider paying for light poles in a
500 foot gap or wait until the business of the street re-
quires the poles further. If liLhts are to be put along
the entire road, it will still leave a gap of 500 feet.
The Chairman asked if this would prevent acting on
this petition, and Mr. Carroll replied in the negative.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the petition
and sign the order for the following j/o pole location: -
Worthen Road, northwesterly side, southwesterly from a point
approximately 1,118 feet southwest of Bedford Street, --
Two (2) poles -guy wire and anchor on first pole.
1
65
Mr. Cole arrived at 7:05 P.M. and presided as Chairman
for the remainder of the meeting.
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to lay and maintain underground conduit and manholes
in Massachusetts Avenue.
Mr. George Cooley, representing the petitioner, was
the only person present at the hearing. Manhole &
Notice of the hearing was mailed to the petitioner, Conduit
owners of property as listed on the petitioner's plans, locations
and also filed with the Department of Public Works.
Mr. Cooley explained the Telephone Company is peti-
tioning for Manholes and conduit and is for special equip-
ment which will mean faster service between Boston and
Lexington.
Mr. Carroll stated the locations had been approved.
The hearing was declared closed, and upon motion daly
made and seconded, it was voted to sign the order for the
conduit and manhole locations:
Massachusetts Avenue: Near Maple Street; Southerly, from
M H 54/22A approximately 5' feet of
underground conduit, also one (1)
manhole 54/22B.
Massachusetts Avenue: Southwesterly side; approximately
94' feet of underground conduit
northwesterly, from Marrett Road
to pole 64/71.
Massachusetts Avenue: Northeasterly side, northeasterly,
from M H 54/5 approximately 20' feet
of underground conduit; also, one (1)
manhole 54/5A.
Mr. Henry Nicoll, a member of the LexingtonMinute
Men, Inc., met with the Board at 7:15 P.M.
Mr. Nicoll stated the Minute Men would like to request
a stand to sell refreshments on the 19th of April, prefer-
ably, if possible, on the Buckman Tavern Grounds. He
stated it will be the same venture as last year, a concession
run by "Poms", a charitable organization providing sheet
music for children, and is run on a percentage basis. They
will sell frankforts and hamburgers.. Mr. Nicoll reported Minute
that the American Legion stand is on the corner.of Meriam Men Stand
Street and their stand,will be away from them. Last year
the Minute Men had a stand en the School Administration
Building grounds, and was unsuccessful as compared to the
other location which they had two or three years ago.
Mr. Burnell stated the Board would like to keep the
Green open and not have concessions around it, but is
aware that it is the hest location. He said it is open-
ing up a situation which will lead to others in the future.
Mr. Cataldo stated he felt it was not the place to
put the stand again, and asked Mr. Nicoll if they had an
alternate location. The Legion is the only one that has
been granted permission in this location.
66
The question was asked how far the stand should be
from the Legion, as all profits go to the Legion and the
Minute Men's concession is on a percentage basis.
Mr. Burnell asked if the Minute Men could be asked
to stay as far away from the Legion as possible, and stated
the Board should establish an off-limits policy before
another year. He also asked if the Board could give
permission subject to the selection of a site to see
that it is far enough away so as not to interfere with
the historic Buckman Tavern.
Mr. Gray was requested to meet with Mr. Nicoll
Tuesday morning to see if the location was acceptable.
Mr. Legro reported that there was a slight change
made in the wording of Article 65 motion, for the widening
Article of Massachusetts Avenue.
He stated he had given Miss McDonough, Town Clerk,
and the Moderator copies of this change and the Chairman
was given a copy.
The Chairman referred to the letter from the Board
of Health, dated March 12, 1965, relative to the case
involving Cummings' milk license, which was revnked. He
asked Mr. Legro for his recommendation.
Mr. Legro replied that it was a matter involving
Cummingsf litigation and should be taken up in Executive Session.
license The Chairman stated it would be discussed at the
end of the meeting, if time permitted. However, later
in the evening, it was decided that this matter should
be held over until the next meeting of the Board.
Rindge
Avenue
Mr. Cataldo
see him today on
that Mr. Vasseur
Mr. Gray is
reported that Mr. Vasseur came in to
the Rindge Avenue site and stated
will accept the $2500.00
to contact Mr. Vasseur.
Mr. Carroll stated he had an item concerning the
standpipe. He reported last year the wrong type of
paint was specified.
Mr. Carroll reported in the Water Maintenance
budget this year they had spent more money than antici-
pated, and there is not enough to paint the standpipe,
Bids for less than $6,000.00. The low bid is $8,140, George F.
painting Burgess, Hingham; second low, $8,160, third, $9,100, up
standpipe as high as $9,900. This year, he feels the Water
Maintenance budget will be less, and he suggested that
the Board award the bid to George F. Burgess, Hingham.
Upon motion duly made and seconded, it was voted
to award the bid for painting the standpipe to George F.
Burgess, Hingham, at the low bid price of $8,140.00.
Mr. Carroll reported that Duffy has bought Carrigfs
subdivision. He explained the water system by means of
a map. He suggested that the Board approve a 12" main
Co
CT
et1
6
instead of an 8", about $4.00 a foot for 2,000 feet, a
total of $8,000.00.
The Chairmanasked if he had enough money to take
care of it this way, and Mr. Carroll replied in the affirma-
tive.
Mr. Burnell asked if anything had been done on it, Water
and Mr. Carroll replied in the negative. main
The Board authorized Mr. Carroll to use the 12" main,
and Mr. Carroll stated he would get the Planning Board's
approval.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on March 15, 1965.
Upon motion duly made and seconded, it was voted
to approve bond No. 1019236 on behalf of Ethel U:..Rich,
Collector of Taxes, in the amount of $111,200.00.
Minutes
Bond
The Chairman referred to the application of the
Gulf Oil Corporation, held over from last week, to
increase the storage from 12,000 gallons of gasoline
to 18,000 gallons on premises located at 32L1 Marrett Gasoline
Road, and stated that Chief Engineer Belcastro of the storage
Fire Department had disapproved the application. license
Mr. Cataldo stated there is no more danger in
granting 18,000 gallons than 12,000 gallons, providing
they can keep the deliveries down as they propose to do.
Mr. Burnell asked if the Board thought it right
to do before first going back to the Chief.
Mr. Sheldon stated other Towns are doing this, and
felt that just because the Town has been limited to
12,000 gallons previously was no reason to continue.
Mr. Mabee said it was 12,000.gallons because of
precedence.
Upon motion duly made and seconded, it was voted
to grant the Gulf Oil Corporation a license to increase
the underground storage of gasoline from 12,000 gallons
to 18,000 gallons. The majority of the Board voted in
favor.
The Chairman read a letter from John F. MacNeil,
Liberty Realty Trust, relative to a meeting concerning
the future planning of the land and buildings in the Depot
Depot Square area. Square
Mr. Gray reported that he had discussed the matter
with Mr. MacNeil and had informed him that the reason
he was not notified was that his property was not affected
by this.
The Chairman read a letter from the Alcoholic Beverages
Control Commission reporting a violation in connection with
the business of Busa Bros. Liquors, Inc., 131 Massachusetts
Avenue, Lexington.
68 c
Upon motion duly made and seconded,.it was voted
to advise the Commission and Busa Bros. Liquors, Inc.,
ABC that the Bo rd of Selectmen will hold a hearing on
violation April 5, 1965, at 8 OO P.M., in the Selectmen's Room,
Town Office Building, to discuss the matter.
Letter was read by the Chairman from Thomas F.
Ryan, on behalf of St. Brigid and Sacred Heart parishes,
requesting permission to conduct a paper drive on
Paper April 25.
Drive Upon motion duly made and seconded, it was voted
to grant the request.
Application by Mrs. John Morrall for permissidn
to use_Estabrook Hall on March 31 for an Ad Hoc Committee
meeting, not open to the public, was discussed by the
Board.
Upon motion duly made and seconded, it was voted
Use of that the request be granted with the stipulation that
Hall the meeting be open to the public, There is to be no
charge for the hall but a fee of $3.46 per hour will
be charged for custodian's overtime services.
Preschool
Police
Coverage
The Chairman reported that he had a call from
a member of the Parker P.T.A. relative to the subject
of Policewomen covering crossings during the summer
for Pre School Children. He questioned whether there
was sufficient money for the Board to make a decision
and asked if the Board would be willing to say that
the crossings would be covered during the summer session.
Mr. Gray stated the School Department says five
crossings are critical.
The Chairman stated when this was previously brought
up,.it was the Board's understanding that the onus would
be on the parents to see that the children got to and
from school. Now they do not agree to this. It was
brought up at budget time, and last year it was turned
down.
Mr. Cataldo felt the parents should assume this
responsibility.
Mr. Burnell felt it should be looked into further
and asked if the Board could vote on it at the next
meeting.
Mr. Sheldon asked if the Board didn't do it, who
would pay, and the Chairman stated the Board would be
harassed; that the School Department feels the Police
budget should pay for it, and the Parker P.T.A. would
like a vote before Wednesday night, when they are
having a meeting.
It was decided to contact Mr. William Buchanan,
70 Simonds Road,,Parker P.T.A., and have him meet
with the Board to discuss the subject on Monday,
March 29th.
Mr. Harold E. Stevens reported that they were
asking that Article 83 be taken up immediately after
the Adjourned Town Meeting was open. They are offer-
ing indefinite postponement, the reason being there
should be more study made, and if it can be improved,
it should be. They plan to bring it before the meeting
in the fall. There has ben some possibility of a June
meeting but that will not give enough time for study, so
it will. be presented at a fall meeting.
Mr. Bryson will ask that Article 83 be taken up
immediately so that this motion can be offered.
Following a discussion of articles to be taken up
at the meeting this evening, the meting adjourned at
7.SS P.M.
A true record, Attest:
Acting Clerk, Selectmen
69
Article
70
SETJi CTMEN 12 M'+.� TING
March 29, 1965
regular meeting of the Board of Selectmen was
held in the. Selectmen's Room, Town Office Building, on
Monday, March 29, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Burnell, and Mabee 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
Standing School Building Committee for permission to
maintain underground tanks for the storage of 10,120
gallons of No. 5 fuel oil and 510 gallons of No. 2 fuel
oil on premises located on Middleby Road.
Fuel Oil Notice of the hearing was mailed, certificate of
storage mailing, to the petitioner, owners of the property
hearing deemed to be affected as they appear on the most recent
tax list, and also advertised in the March 18, 1965
issue of the Lexington Minute -man.
Mr. Frank Crimp, architect, representing the peti-
tioner, James S. Miller, 40 Outlook Drive, Mr. and Mrs.
Gaius R. Sampson, i.6 Outlook Drive, were present at the
hearing.
Mr. Sampson asked where the tanks would be located.
He said he was not opposed, but wanted to know what it
is all about.
The Chairman submitted a plan for Mr. Sampson to
lock at, and after he looked at it said the proposed
installations would not bother him.
Mr. Miller asked why the particular quantity has
been chosen as it seemed a great deal of fuel.
Mr. Crimp explained the customary storage capacity
has been requested which permits loading of a complete
tank with part of the load in the tank. If the tank
gets down to 3,000 gallons, 5,000 g.11ons can be put in,
making (3,000 gallons. If it were a 5,000 gallon tank, it
would not be possible to take a loading. He stated this.
is the size they use on every building of t!zis size.
Mr. Mabee explained, with reference to the high school,
that the roads on which the truck had to drive were so
small the largest truck available could not be used to
pump the tanks and it costs more money to take three
loads than one load. With this school, a wid,r road will
be provided.
Mrs. Sampson asked about the danger, and the Chairman
explainedthat the Chief of the Fire Department felt there
would not be any danger.
Mr. Crimp explained the more oil there is in the tank,
the less possibility of danger. He said the only time when
W
Cr
71
it might be dangerous is when the tank is practically
empty. It is not like a gasoline '.yank, although a gasoline
tank is only dangerous when it is almost empty. He said
he could assure Mrs. Sampson there is no danger. He stated
the top of the tank is four feet under the ground and the
tank is about eight feet six inches in diameter and is
held in place by a heavy concrete slab that keeps it in
the g.ound. It will not float to the surface. He explained
it is quite an installation done with the idea of safety in
mind.
Mr. Miller said it looks as if the tank is 100 feet
from his back yard and he has not heard of any fence being
built there. He said he was concerned about large trucks
being up to his property.
The Chairman submitted a plan and indicated the lo-
cation of the proposed tanks as they relate to Mr. Miller's
property.
Mr. Crimp explained there is ample protection for
children. The service driveway is completely separate
from the drive that will be used by children and buses.
The automobile traffic and pupil traffic is separate.
Mr. Miller said he was opposed because of the trucks
being near the property line. He said the distance is
about ].114.0 feet and the truck would be seventy feet or so.
The Chairman declared the hearing closed at 7:L.5 P.M.
Upon motion duly made and seconded, it was vnted
to grant the petition and issue a license for the under-
ground storage of 10,120 gallons of No. 5 fuel oil and
510 gallons of No. 2 fuel oil on premises located on
Middleby Road.
Mr. Mark Moore, Jr., met with the Board and stated
there are some utility poles on Blake Road but he did
not realize there are no poles at the point where he is
starting to build a couple of houses. He needs elec-
tricity in three weeks. The telephone company and Boston Pole
Edison Company are in agreement where the poles should gp. locations
He asked for tentative approval from the Board permitting
the erection of the poles subject to him obtaining approval
from Pettibone, Powell and Morey. He said he could not
wait two months as it would cause severe hardship.
The Chairman asked if Mr. Moore would bring approval
from the abutters to the Selectmen's Office.
Mr. Carroll suggested that the Board approve location
of three poles because there is some question in his mind
as to where the poles should go. He reported he has
talked to the Boston Edison Company and if it is decided
that the poles will have to be relocated, the Edison Company
will do it.
Upon motion duly made and seconded, it was voted
tentative approval of three pole locations, subject to
approval from the abutters being submitted to the Board
by Mr. Moore.
Mr. Moore retired.
72
Mr. Alex Roketenetz met with the Board.
The Chairman stated the Board is considering award-
ing the garbage contract again.
Mr. Carroll reported that Mr. Roketenetz' collection
this year had been satisfactory.
The Chairman asked if Mr. Roketenetz had any questions
Garbage pertaining to the contract, and he replied that he had no
contract objection.
Mr. Carroll said he wanted Mr. Roketenetz to under-
stand the contract, particularly the reference to the
number of men and trucks.
Mr. Roketenetz stated that during snow storms, he
does put on extra men and an extra truck.
The Chairman asked if Mr. Roketenetz had any prefer-
ence.
Mr. Roketenetz replied two years anyway, but he would
take it for three.
Mr. Roketenetz retired at 7:55 P.M.
Upon motion duly made and seconded, it was voted
to award the contract for the collection of garbage to
Stanley Roketenetz, Inc. for a three-year period from
June 1, 1965 to May 31, 1968 at the bid of $60,000.00
for the first year, $62,500 for the second year and
$62,500.00 for the third year.
Upon motion duly made and seconded, it was voted
Dump to issue a Yearly Dump Permit to Arnold Leavitt, Maynard,
Permit a landscaper who does work in Lexington.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on March 22, 1965.
The Chairman read a letter from Mr. Arthur E. Burrell,
Director of Civil Defense, requesting appointment of Mr.
William J. McSweeney to the Lexington Auxiliary Fire De-
partment.
Appointment Upon motion duly made and seconded, it was voted
to appoint William J. McSweeney, 24 Bellflower Street,
to the Lexington Auxiliary Fire Department.
Upon motion duly made and seconded, it was voted
to certify the character of J.B.S. Holmes, 14 Middle
Street, and Rosetta R. Watson, 79 North Street, who have
Cert. of applied to the Secretary of State for a Certificate of
Inc. Incorporation, satisfactory references having been re-
ceived from the Police Department.
Letter from Mr. Jules P. Sussman, with reference
to reappointment to the Conservation Commission, was
Appoint- held ove• until the next meeting when it is expected
went all members of the Board will be present, and at which
time all annual appointments will be considered.
The Chairman read a letter from Dwight F. Clark,
who had applied for the use of Estabrook Hall for a
meeting of the Ethical Society of Boston, asking why
the proposed use does not conform to the permitted
uses as stipulated in the will of the donors.
The Chairman asked Mr. Gray to take care of this.
73
Use of hall
Notice was received from the Historic Districts
Commission advising that a hearing has been scheduled,
on the Board's application for a certificate of appropri-
ateness, in the Selectmen's Room on April 1, 1965, at
8:00 P.M. The hearing is relative to the signs on the Hearing
Common.
The Chairman said he wculd make an effort to attend.
Petition was received from residents of Partridge
Road and Turning Mill Road requesting installation of a Sidewalk
sidewalk on the north side of Turning Mill Road 700 feet,
more or less, between Robinscn Road and Demar Road.
Mr. Carroll stated this is one of the sidewalks
recommended by the School Committee and he would have
an estimate of the cost for the Board next week. He
explained there is also the problem of Demar Road and
the problem of Mountain Road which relates to the re-
quest for a sidewalk on Turning Mill Road.
The matter was held over for one week.
Copies of letters between Mr. Stephen Tavilla
and Mr. Charles Avila, president of Boston Edison Company,
regarding street lights on Worthen Road, was received.
Mr. Carroll discussed some time ago the possibility
of putting underground street lights and services, but
the conclusion was that it would be too expensive for the
Town and the abutters. He said he had not pursued this
any further because there are no poles in the street.
Two weeks ago, he received a call from the Boston Edison
Company relative to request for street lights from someone
connected with Grace Chapel. He explained there is a gap
of approximately 500 feet between the pc:- -les coming in from
Bedford Street and the poles coming in from Massachusetts
Avenue, and lights can be put on those poles, whatever
size is recommended by the Boston Edison Company. He
said he thought street lights were warranted. He said
the question is whether the Board wants to consider put-
ting in two or three more poles in between. He agreed
to obtain an estimate of the annual cost of existing poles
and poles that will be set for street lights.
The Chairman read a letter from Todd Realty Trust
requesting three utility poles in Brigham Road; the area
to have all utilities underground and to be similar in Under -
appearance to the Bowser Saddle Club Estates. Earlier ground
in the evening, Mr. Moore changed his request from three street
poles to four. lights
74
Cd..5
Mr. Carroll said the question is whether or not the
Board wants to pay the lighting cost for underground
street lights which is more than the overhead lights.
He said he did not, at the moment, know the difference
in cost, but thought personally the installation should
be underground.
Upon motion duly made and seconded, it was voted
to grant Mr. Moore's request for four utility poles for
Brigham Road in the Jackson Estates' subdivision.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow -
Pole ing i/o pole locations:
locati ons
Sullivan Street, southerly side, westerly from a point
approximately 9 feet west of Winter Street, --
2 poles. (2 existing pcles to be removed.)
Mr. Frank Crimp, architect, for the Standing School
Building Committee, met with the Board.
Mr. Crimp submitted a plan which he said had been
reviewed,by the Superintendent of Schools, and it has
been carried to the point where he thought that it should
be made certain the layout is satisfactory to the School
Department.
Mr. Carroll explained that originally Mr. Crimp had
access to the school from Philip Road, but it was not a
desirable access. Then there was the problem of whether
or not Moreland Avenue should be connected to Moreland
Avenue and he advised the Board that was not feasible.
He said he and Mr. Crimp feel Moreland Avenue should be
connected to Philip Road which will cost approximately
$40,000. He indicated the areas discussed on the plan
and also indicated the subdivision which he said will be
done at the time the school is ready.
Mr. Crimp said if the subdivision is not ready, it
would be possible to build a piece of road and provide
access to the school. He said the only thing is if it
is not ready, arrangements will have to be made for a
turnaround at a point which he indicated on the plan.
He said he hoped arrangements could be made for the con-
tractor to go over Worthen Road rather than over Philip
Road. He said he could see no difference between this
plan and the other plan providing this section of the
access road is built.
Mr. Carroll said he was sure the Town did not have
the right to travel over the subdivision.
Mr. Crimp said Philip Road would have to be used.
Mr. Carroll said he felt this should become a public
way and the question is who is going to pay for it if it
is going to be a public way. The driveway wculd be paid
for by the school. Now it is an entirely different scheme
where part of the access to the school becomes a public way.
1
75
He said the Board would have to decide whether or not it
wants to go to Town Meeting and get money to build this
section of Philip Road next year. He explained the $40,000
figure includes draina.e and water main.
Mr. Crimp explained it has been possible to put the
car travelled access road on the front of the building
and therefore the children going from the baild!rc to the
play area would net cross any travelled way. He felt this
was very important for the safety of the children.
The Chairman said he would not like to see this $40,000
taken out of the normal appropriation of S100,000 for streets.
Mr. Cataldo asked why the Standing School Building
Committee could not use its available funds.
Mr. Crimp said he understood there is a question as
to whether the bond issue can be spent for a roadway.
Mr. Cataldo stated it would not be a public way unless
the Board laid it out.
Mr. Crimp said it would be built as an access road.
Mr. Legro said the question comes whether it is to
be a public way or if it is to be limited to school use and
the school is to pay for it as it did at Estabrook.
Mr. Cataldo suggested that this road be constructed
according to specifications and when Moreland Avenue is
built, it could then be accepted.
Mr. Legro said he supposed it could be done that way.
Mr. Cataldo suggested that the Standing School Build-
ing Committee pay for it out of its funds and get State
aid for one half of it.
Mr. Crimp discussed construction of the access road
on park land. He said it is now a matter of getting to-
gether with Town Counsel and the resubmitting the plan to
the School Building Assistance Commission for approval.
He indicated on the plan where Worthen Road would be
stopped for the time being, and said there would be an
access road but it would be limited to the school de-
partment. He said the people on Philip Road would
want to use it and he did not believe the School De-
partment would have any objection.
Mr. Legro said they would have to see what the
circumstances are at the time so it will be known whether
this section of road is going to be limited to school
use, but this is over a year away.
Mr. Crimp said the Building Committee plans to put
this out for bids in July and this matter will not be re-
solved by then. He indicated on the plan the extent to
which the road could be built and indicated a cutoff.
Mr. Crimp suggested that the Board approve this plan
and leave it up to him and Town Counsel. It was so
agreed.
Mr. Crimp retired at 8:30 P.M.
?6
Executive
Session
Preschool
Police
coverage
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 of an item to the Editor for
publication in the Lexington Minute -man and matters con-
cerning the Town Counsel, it was voted to resume the
open meeting.
Mr. William Buchanan, 70 Simonds Road, Parker School
P.T.A., met with the Board. He asked the Board to take
whatever action is necessary to provide policewomen pro-
tection for the preschool children this summer. He said
last May, members of the Parker School P.T.A. went to the
School Department and to the Police Department, and,
through a letter, to the Traffic Committee, requesting
police protection. Last summer, the P.T.A. paid for pro-
tection provided by Mrs. Ryan. He said a few weeks ago,
he found that the original arrangements were made by the
people who had set up the preschool and the parents of the
preschool children that the parents wculd be responsible
for getting the children to and from school. The same
parents are not there today and were not there last year,
and he was asking the Board to take some action to provice
this protection. He said there is a definite need and
it is someone's responsibility, and asked to whom the P.T.A.
would go for protection this coming year.
Mr. Mabee asked if the preschool was open to all
children in Town.
Mr. Buchanan said that was his understanding.
Mr. Gray said all elementary schools are open and
classes are held for preschool children.
The Chairman said the most critical areas are
Parker and Adams.
Mr. Burnell said he talked to a member of the School
Committee who was going to look into the other five.
Mr. Gray reported that the Sup:.rintendent of Schools
feels that if one school is covered, probably the other
five should be covered.
Mr. Mabee asked, when it was first started, how many
schools were open.
The Chairman replied he could not remember „but it
was difficult to get the kindergarten and one thing was
that there would be no need for protection. He said the
School Committee does not feel it should be in its budget
to provide police protection and the police did not feel
it should be in the police budget. He asked if this is a
need that cant be taken care of, who is going to implement
protection.
Mr. Burnell asked if these were children four or five
years old.
Mr. Buchanan replied four and a half to six.
C2
1
1
77
Mr. Burnell said he could not imagine children of
this age going out by themselves and crossing streets by
themselves.
Mr. Buchanan said he could not see a child that young
going to school either. The first few sessions the parents
did go down, then they let them go by themselves.
Mr. Mabee asked what percentage of the eligible pre-
school children avail themselves of the classes.
Mr. Cataldo said he thought it a question of whether
the situation is warranted or not, not a question of who
is going to pay for it. He asked if these parents were
going to assume the responsibility for getting these
children to school.
Mr. Buchanan said it is a matter of being physically
capable of getting across the street; even the parents
have to be able to get across the street.
Mr. Cataldo explained that is why the pedestrian
light is going to be installed.
Mr. Cataldo pointed out that police protection paid
for by a Town department would be starting another situ-
ation that will grow and comes within an area where the
Town should not be involved. He said he could not see
any parent letting a four year old child out on the street
alone.
Mr. Burnell said it will still require police pro-
tection after the light is installed.
Mr. Buchanan said if the traffic .light was installed,
he would not have much of an argument, assuming this group
of parents will assume the same responsibility the original
group of parents agreed to.
The Chairman staid Mr. Gray would get the total number
of children qualified to go to preschool, the number that
go, the number of schools that have kindergarten and the
number for which the School Department wants protection.
Mr. Buchanan retired at 9.25 P.M.
Messrs. York, Kolovson, Grant, Erickson, Lt. Corr
and Mrs. Morey met with the Board.
Mr. York submitted plans for the Public Facilities
Building and stated that the committee has reached the
point where the bids have been op_ned and, he hoped, a
communication had gone to the Historic Districts Com-
mission so that notice of a public hearing could be in
the paper this week. He said approval of the Historic
Districts Commission is needed and location of the build-
ing will have to be resolved, which is the purpose of the
meetirgwith the Selectmen. He said determination of the
location cannot be put off any longer, and the contractor
must have an answer by April 28. Mr. York read letters
from the Chamber of Commerce and Rev. Harold T. Handley
with reference to the location of the proposed building.
The Chairman asked Lieutenant Corr if there would be
more difficulty policing the building in one location than
the other, and he replied in the negative.
78
Mr. Cataldo stated the Board's concern was not with
policing but the traffic situation. He said he would be
positively opposed to the location proposed by the com-
mittee because of the parking.
Mr. Grant, of the Historic Districts Commission,
said the majority of the members of that commission favor
the location as shown to the Town Meeting and felt that
location would be more appropriate and more in the spirit
of the Act.
Mr. Cataldo asked how the commission arrived at its
decision, and Mr. Grant said they would all rather have
the building somewhere than on the park property itself.
He thought the members of the commission felt that the
location shown at Town Meeting would be more appropriate
because the building would be less conspicuous and more
out of the way as one approached the Green.
Mr. Cataldo requested that he be recorded opposed
to the location recommended by the Public Facilities
Building Committee,
Motion was made that the building be placed on the
Meriam Street site. The motion was not seconded.
Motion was made and seconded, that the Selectmen
accept the location as submitted by the Public Facilities
Building Committee. Two members voted in favor and two
members voted in opposition.
The Chairman explained the subject would be considered
further when all members of the Board are; present.
The group, with the exception of Lieutenant Corr,
retired at 10.05 P.M.
Mr. Carroll stated April 18 is Easter Sunday and
the sanitary land fill is usually closed on Easter. Then
April 19 is Patriots' Day and the sanitary land fill
Sanitary is ordinarily closed on that day. He said unless the
Land Fill Board makes a decision to the contrary, he would have
a notice prepared for the public reminding it that the
sanitary land fill area will be closed both days.
Upon motion duly made and seconded, it was voted to
Sidewalk sign an order for the ccnstruction of a sidewalk on the
northerly side of Concord Avenue from No. 137 to
Waltham Street.
Mr. Legro mentioned that the Conservation Commission
was authorized by vote of the November, 1964, Town Meeting
Harrison to acquire the Harrison land in the rear of 29 North Street
land and spent $3,000 for that purpose. He explained the
option must be executed before April 1, 1965.
Upon motion duly made and seconded, it was voted
to execute the option authorizing the Conservation Com-
mission to acquire the Harrison land in the rear of 29
North Street.
The Chairman read a letter from Francis Keefe, at-
torney for Mr. and Mrs. Edmund P. Hoxie, with reference
to a slope easement taken of their property at 884 Massa-
chusetts Avenue in connection with the reconstruction
of Massachusetts Avenue.
Mr. Carroll reported that he sent a copy of the
letter to the State Department of Public Works and also
to the contractor.
The Chairman read a letter from William Coughlin,
19 Rawson Avenue, requesting installation of curbing and
sidewalk.
Mr. Carroll reported that he had treated this as
a sidewalk betterment request and would send out a peti-
tion for signatures. He said he has funds available
in his drainage appropriation to correct the condition
as described by Mr. Coughlin.
79
Slope
easements
on Hoxie
land
Sidewalk
an d
drainage
Request was received from Porter & Desmond for per-
mission to move two houses from Appleton Street, Arlington,
to Valleyfield Street, Lexington.
Mr. Carroll said he had not looked at the houses, but Permit
he did not think there would be any problem.
Upon motion duly made and seconded, it was voted
to grant the request subject to approval of the Super-
intendent of Public Works and subject to approval of
Acting Chief Corr.
Messrs. Legro and Carroll 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
interest of the Town, or the reputation of any person.
Following discussion of matters pertaining to Town
owned property, sewer easements and legal matters, it was
voted to resume the open meeting.
Mr. Legro and Mr. Carroll retired at 10:50 P.M.
A civil Service list of individuals eligible for
appointment as patrolmen was received.
Upon motion duly made and seconded, it was voted
to accept the list.
Upon motion duly made and seconded, it was voted
to appoint Robert M. Leslie, 8 Lake Street, William Young,
1162 Massachusetts Avenue and George B. Wilson, Jr., 62
Fern Street, effective April 9, 1965, at the salary rate
of $5,230.00 per year; all appointments subject to ap-
proval of the Division of Civil Service.
Executive
Session
Police
appoint-
ments
80
Mr. Gray reported that Mr. Fitzgerald, Chairman of
the Board of Fire Commissioners, called and advised him
that the new ambulance has arrived in Boston. He asked
if the Bord of Selectmen wanted the Fire Commissioners
Ambulance to accept it and make sure it meets the specifications.
The Chairman said the normal procedure is for the
Fire Commissioners to accept the ambulance, knowing the
specifications.
Mr. Gray stated he received a letter from the Chamber
19th April of Commerce requesting a member of the Board to assist
floats as a judge in grading the floats in the April 19 parade.
Mr. Mabee agreed to represent the Board and act
as one of the three judges.
Mr. Gray read a letter from the Lexin3ton Choral
Society requesting permission to line the walk on the
Buckman Tavern lawn with paintings, as part of the
Exhibition Society's 25th anniversary celebration, from July 14
through July 18. The paintings will be removed each
night.
The Board had no objection.
The Chairman memtioned that the Jaycees were under
the impression permission had been granted for them to
April 19 operate a stand April 19 on library property.
The other members of the Board recalled that no
such permission had been granted and it was agreed to
so advise the Jaycees.
Upon motion duly made and secondees, it was voted
to adjourn at 11:06 P.M.
A true record, Attest;
l0
81
SELECTMEN'S METING
April 5, 1965
= A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, April 5, 1965, at 7:30 P.M. Me;srs. Burnell,
Cataldo and Mabee 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 acted as Chairman pro tem.
Mr. Legro informed the Board that he had prepared an
Order of Taking on the Woodhaven Sewer alteration in ac-
cordance with discussion at last week's meeting. He
explained it taking in the land of Anthony R. Cataldo,
Lawrence F. Colbert and Dorothy C. Colbert and the
Evangelical Church of Cambridge, with no damages awarded
and no damages to be sustained.
Upon motion duly made and seconded, it was voted
to execute the order as submitted by Town Counsel.
Mr. Legro referred to the matter of Edison Way and
Parcel B which is involved. He reported a telephone
call received by him today from William Kirk, Vice Presi-
dent of the Industrial Development, Boston & Maine. Ian
connection with the conveyance of the fee in that part
of Edison Way, that has been discussed, Mr. Kirk stated
that their engineering costs and preparation of releases
from the two mortgages would be about $500 and wanted to
know if the Town would be interested in paying that price
for the conveyance. Mr. Kirk said the Boston & Maine
would be willing to convey the fee in the entire portion
of Edison Way the Town acquired from the Boston & Maine.
Mr. Legro said he did not think there would be any parti-
cular advantage. The amount in this particular portion
is $6300.
Mr. Cataldo thought it would be between $6500 and
$7,000 and felt the Town would be better off with the fee
in the road in the event it wanted to do something in
that areaat a later date.
Mr. Legro said he supposed there is some possibility,
and said it was indicated that the expenses would be the
same whether it was the little triangle parcel as it would
be for the whole. He advised there are no funds for the
acquisition.
Mr. Cataldo mentioned the reference to land acqui-
sition in the article.
Mr. Legro sa i,a z 11 that is necessary this evening
is an indication.as to whether the Board is willing to
82
move in this direction to compensate the Boston & Maine
in that proportion. He said there are some things to
be worked out. He said he would life to know if the
Board will proceed in that direction.
Mr. Mabee said he could see no reason for not pick-
ing it up.
Mr. Cataldo said he would be in favor of getting the
entire parcel and trying to acquire it at no cost to the
Town.
The Chairman said three members of the Board believe
this way.
Mr. Carroll reported that one of the Town mechanics
was hurt in an accident at the barn. He was taken to the
Emerson Hospital in the Town ambulance and received a
bill for $14 last week. He said he did not feel this man
should have to pay for the use of the ambulance, involved
in an accident that occurred on Town time.
Mr. Gray explained this was an injury in the line
Ambulance of duty.
bill Upon motion duly made and seconded, it was voted
to abate ambulance bill #296 in the amount of $14.00,
charged to Joseph'Perry, 491 Main Street, West Concord,
the employee to whom Mr. Carroll referred.
Turning
Mill Road
sidewalk
Petition for the construction of a sidewalk in
Turning Mill Road was held over from the last meeting
of the Board.
Mr. Carroll reported the length of the sidewalk
on the north side is 800 feet which would cost $2400.
If this were constructed, it would leave in the sub-
division a section of Demar Road from Turning Mill Road
of about 1650 feet and that sidewalk which would be the
only sidewalk area in the whole subdivision that was
not paved. He said if one is constructed, the other one
should be also. This would cost $7,000, plus the fact
if a sidewalk is built from Robinson Road to Demar Road
at $2400, it would be more or leas dumping the children
out ontc Robinson Road and they would have to walk on the
street to the rear of Estabrook School on a road that has
no sidewalk. This is about 1400 feet and would cost about
$7,000. He said the picture of the entire area is $7,000
for Robinson Road, $2,400 for Turning Mill Road and $7,000
for Demar Road, a total of $16,400. He pointed out that
all the sidewalk appropriation for this year has been
allocated to specific projects.
Mr. Mabee mentioned that the petition came in
specifically for Turning Mill Road and asked if normally
Robinson Road would be done.
Mr. Carroll said unless the people would be satisfied
that the children would be safe walking on Robinson Road
which does not have very much traffic.
63
Mr. Cataldo advised that all the Board can do is to
consider this in next year's budget as there are no funds
presently available.
Mr. Carroll said that would be his recommendation.
The Chairman said the Board would tell these people
it is giving this consideration in preparation of budgets
for next year.
Mr. A rthur E. Burrell, Director of Civil Defense,
met with the Board. He reported two bids had been re-
ceived for two additional radios for the Police Depart-
ment. Dumont Laboratories submitted a bid of $635 per
unit, but did not meet the specifications, and therefore
the bid was not acceptable. Motorola Communications sub-
mitted a bid of $1,968 for two units whichwould be the Civil
same as the units recently purchased. Mr. Burrell re- Defense
commended acceptance of the Motorola bid and reported radios
that they were talking of 120 days delivery.
Upon motion duly made and seconded, it was voted
to accept the bid of $1,968 for two radios submitted
by the Motorola Communications.
Mr. Burrell said it does appear, at this time, that
the Board should look into the entire radio system and
decide what it wants to do. There are now thirty-seven
units and the license is for thirty-five. However, he
is now in the process of taking care of this technicality.
He stated the present system is the same system installed
twenty -years ago for the Police Department and there are
a number of problems. The traffic is heavy and there is Town radio
almost continuous interference from the Town of Franklin system
during the day. He said someone should take a look at
this and see where the Town is going in the next five years.
He advised that Mr. Carroll is thinking about more units
for the Public Works Department and the Fire Department
is talking about one more next year. The Public Works
Department now has about sixteen.
Mr. Gray said he discussed this with Acting Chief
Corr and thought the Board should appoint a committee to
look into this whole communications problem. He said
the police are not satisfied and before next year's budget
is prepared the entire program should be explored.
Mr. Burrell retired.
•
Mr. Cole, Chairman, arrived at 7:55 P.M. and proceeded
to conduct the meeting.
The Chairman read a letter from Mrs. Mildred Moreno,
171 Burlington Street, reporting a problem with operation
of cesspools and stating she is running sewage into the
-street drain.
84
Mr. Carroll said he was sure the Board would advise
Mrs. Moreno that she cannot do this. He explained this
section of Burlington Street was discussed last year,
and stated it will require a trunk sewer at an estimated
cost of S38,200, plus laterals to serve the area. He
said Mrs. Moreno would have to wait and solve her own
problem.
Burlington The Chairman said he would advise her that she must
Street cease and desist the practice of running sewage into the
sewer street drain, and that she could petition for the sewer
to be considered when the 1966 budgets are being prepared.
Request was received from Metropolitan Building
Movers Co., Hyde Park, for a permit to move a building
from 3 Golden Avenue to a lot on Hillcrest Road, Waltham..
Permit Mr. Carroll reported he had not looked into this,
but did not think there would be much of a problem.
Upon motion duly made and seconded, it was'vofed
to grant tentative approval, subject to approval by Mr.
Carroll and Acting Chief Corr.
Request was received from Metropolitan Building
Movers Co., Hyde Park, for a permit to move a building
from 847 Waltham Street to 416 Concord Avenue.
Permit Mr. Carroll said he thought the same conditions
should apply as on the previous request.
Upon motion duly made and seconded, it was voted
to grant tentative approval, subject to approval by Mr.
Carroll and Acting Chief Corr.
At 8:00 P.M. hearing was declared open on report
of March 16, 1965 received from the Alcoholic Beverages
Control Commission of certain violations in connection
with the licensed business of Busa Bros. Liquors, Inc.,
Busa 131 Massachusetts Avenue.
hearing Mr. William McMahon, representing the Alcoholic
Beverages Control Commission, Mr. Daniel P. Busa and
Mr. Alfred Busa were present at the hearing.
Mr. McMahon read the date and time of violation,
March 11, 1965 at approximately 4:15 P.M.; nature of
violation, Chapter 138 of the General Laws, as amended,
Section 34 - sale and/or delivery of alcoholic beverages
to a person under twenty-one years of age.
Mr. McMahon said he saw a youthful looking male
come out with a package. He identified himself. The
male showed him five 16 -ounce cans of Knickerbocker. He
stated he was twenty years of age, name John G. Laniefsky,
date of birth January 17, 1945. Mr. McMahon went into the
store with Laniefsky. Mr. Busa said he did not question
age because the minor had a false identification Card.
Mr. McMahon submitted a copy of a birth certificate for
the Boardts observation and the Chairman r ad the date of
January 17, 1945.
1
85
The Chairman asked if the minor admitted to having
the I.D. Card.
Mr. McMahon replied he said he had been in and made
a purchase and showed a false I.D. card.
Mr. Cataldo asked if Mr. Busa knew it was a false
L.D.card.
Mr. McMahon replied he did not believe he did and
suggested that the.Board ask him.
The Chairman said Mr. Buse had heard the complaint
and asked if he would like to make any comment.
Mr. Daniel Busa said he believed the statement Mr.
McMahon made was correct. He said he had questioned
the fellow who made the purchase before this one and he
indicated he had no license, lived in the neighborhood
and that he was walking. He said he asked for an I.D.
card and he shoured it to him. Mr. Busa said he had the
I.D. card and he submitted it to the Board to inspect.
Mr. Busa said he questioned the individual in front of
the Inspector and he said he falsified the I.D. card.
The Chairman asked if Mr. McMahon had seen the card
and he replied in the negative. The Chairman showed him
the I.D. card.
The Chairman asked how many times this boy had been
in the store and Mr. Busa said he couldn't say; he lives
in the neighborhood.
The Chairman asked if he had been in more than once
or twice, and Mr. Busa said he would not say so..
The Chairman read from the I.D. card, Mass. Army
National Guard, John G. Laniefsky Company A 17-1-42. The
*weight and height, 130 lbs. 5►6" and Mr. Busa replied in
the affirmative.
The Chairman asked if Mr. Busa took the I.D. card
as evidence.
Mr. Busa replied in the affirmative . He said the
man was questionable and that is why he asked for the
I.D. card. He said he also called the mother on it and
she gave him the indication the boy was twenty-one.
The Chairman asked if the InvestiGator or Mr. Busa
had anything further to say. They did not and he
declared the hearing closed at 8:09 P.M.
Messrs.•Daniel Busa and Alfred Busa left the meeting.
The Chairman asked if Mr. McMahon had any other
problems with the Busas and he replied in the negative.
The Chairman asked if, in his opinion, t Lis could
be an honest mistake, and he replied in the affirmative.
The Chairman asked if Mr. McMahon thought Mr. Busa
exercised the care he should have, and Mr. McMahon replied
evidently he did. He said this is what he considers a
borderline case. He said he thought it was unfortunate
that Mr. Busa was taken in by this false I.D. card. He
said he understood the boy is not living with his people.
The boy said he was thrown out and was living in a rooming
house in Arlington. He said maybe the boy had a little
difficulty at home. He Laid he was fairly stable when
talking to him.
*Chairman asked if his appearance would conform to the
86
The Chairman asked if Mr. McMahon had any recommendation
to make and he replied none whatsoever. He said he believed
Mr. Busa was taken in by the false I.D. card. He said Mr.
Busa did say he called the mother. Mr. McMahon said he
thought if the boy had a different kind of home life, the
mother would have given Mr. Busa a straight answer.
Mr. McMahon retired at 8:14 P.M.
The Chairman said he would like to hear from each
member of the Board.
Mr. Burnell said he had never had any complaints
about Busa since he started in and it would seem to him that
Mr. Busa was careful in trying to avoid an illegal sale.
He said he did not know just how far he must go to protect
himself, but he thought he didtry to use reasonable caution.
He said he would be in favor of just issuing a warning and
not going beyond that.
Mr. Mabee saidhe thought the same; he at least called
the parents. He said he agreed with Mr. Burnell that Mr.
Busa be told to be extremely careful in the future.
Mr. Cataldo said if the Board issues a warning, as
such, it will be considering Mr. Busa partly guilty, and
he by no means thought he was guilty.
The Chairman said he felt it difficult, in all honesty,
to say Mr. Busa is guilty.
Mr. Legro interpreted the Statute and explained this
hearing is to find Mr. Busa guilty or not guilty, and
stated the law prohibits the sale to a minor.
The Chairman said in view of this, according to
Statute, the Board does in fact find Busa guilty of
illegally selling liquor to a minor.
Upon motion duly made and seconded, the Board of
Selectmen, as the licensing authority for the Town of
Lexington, voted to find Busa Bros. Liquors, Inc.,
Daniel F. Busa, 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 March 11, 1965. Due to the surrounding
circumstances and because of the apparent exercise of
reasonable care by Busa Bros. Liquors, Inc., the Board
hereby admonishes Busa Bros. Liquors, Inc. to use extreme
care in the future, and warns that any further violation
could result in the suspension or revocation of its license.
Letter was received from James W. Lambie, Chairman
of the TMi•A Land Use Committee, a copy of which was
mailed to each member of the Board, with reference to the
Great Meadows.
Mr. Burnell said apparently Mr. Lambie thought the
Town of Lexington owned the land.
The Chairman said he talked with Mr. Greeley,
of the Arlingtcn Board of Selectmen, and he led him
to believe there would be some hope in talking about
the Great Meadows. The Chairman said he thought there
was room for negotiations.
Mr. Cataldo explained one group in Arlington would
sell, there is another group that is willing to go on a
joint basis, and a third group that wants to keep the
area as a bird sanctuary. He said the Town would never
acquire this land from the Town of Arlington. He said
the efforts made in trying to obtain an easement for
Circle Road is a good indication.
Mr. Burnell said he did not think Arlington would
ever sell.
The Chairman said the first step is to talk to them,
and he suggested that one member of the Board, or two or
three members of the Board, talk to Arlington.
Mr. Burnell recalled that two or three years ago,
the Selectmen appointed a committee o its members and
members of the Planning Board, but nothing was accomplished.
The Chairman said a good way to handle this would be
for Mr. Gray to arrange for him to meet with Mr. Greeley
and see if some common ground could be found. He said
it may be necessary to branch and include the Planning
Board.
Mr. Mabee advised the Board that he was a member of
the Committee, representing the Planning Board, and he
agreed that the. Town will never be able to purchase the
Great Meadows.
The Chairman asked Mr. Gray to do the research on
what has gone on before. He asked if the Board would
have any objection to him talking with Mr. Greeley.
Mr. Mabee said there are just as many ideas in Lex-
ington as to what should be done with the Great Meadows
as there are in Arlington, and he could see no point in
negotiating until Lexington knows what it wants to acquire
the Great Meadows for. He suggested that the Board get its
own thinking straightened out before approaching Arlington
representatives.
=It was agreed to thank Mr. Lambie for his letter
and to tell him the Board is taking it under advisement
and will be investigating the various possibilities.
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 with Mr. George Regan, a member
of the Civil Defense Auxiliary Fire Department, it was
voted to resume the open meeting.
Mr. Legro and Mr. Carroll returned to the meeting.
Letter was received from Mr. Legro in connection
with a question raised by Donald R. Grant, Chairman of
the Historic Districts Commission, with reference to the
88
Buckman Tavern Land and the location of the proposed
Use of Public Facilities Building. A copy of the communication
Buckman was sent to each member of the Board.
Tavern No action was required.
land
Mr. Legro reported that the Housing Authority has a
long contract between the Lexingtcn Housing Authority and
the Commissioner of the Department of Commissions and De-
velopment which requires the signature of *l1 of the
members of the Board of Selectmen, to approve it but not
Housing as parties to the contract. He said he has read it.
Contract Mr. Albert Hruby, of the Lexington Housing Authority,
met with the Board.
Mr. Legro said the contract sets forth the terms of
agreement between the Lexington Housing Authority and the
State Housing Board with particular reference to borrow-
ing $650,000 which the State Board will include in,its
general bid offering. He explained the Selectmen do
not sign it as a party but signs it as approving it, and
he did not know the connotation of that. He suggested to
the Housing Authority that if the members here present wieh
to sign it, he will hold it up to clear up some questions
he has in his mind.
Mr. Cataldo asked what would happen if the Board signed
the forms, and Mr. Legro found them to be incorrect.
Mr. Legro replied he presumed the Housing Authority,
if it finds there is something wrong, can retain it forever.
Mr. Hruby explained that if the contract does not have
all the signatures, it will be necessary to have a certified
excerpt from the minutes of the meeting where the Board
designates one individual to sign. He said he understood
the entire amount which is expected to be needed for the
project will be borrowed and the State Board will deposit
it in the bank the Board selects with approval of the
Commission. He said the bond market and note market
is not what his Board is acquainted with. The State
will sell a series of any number of Towns. This balance
may carry $27,000,000, of which $650,000 would be for the
Lexington Housing Authority. He said he believed the sale
is made in one day and the fiscal agent would prepare all
the notes and hand -carry them to the purchaser. Upon
receipt of the funds, they would be deposited in an account
for the Lexington Housing Authority. Then because the pro-
ject is not under way, the State would designate that it be
reinvested until construction starts.
Mr. Cataldo asked if the Housing Authority had a
calendar of construction.
Mr. Hrub:. replied in the negative and said these
agreements have to be in to -_the State by7April ]4.
Mr. Legro stated as soon as he has finished with
them Mr. Gray can take them to Mr. Sheldon for his
Signature..r
Mr. Hruby retired at 9:20 P.M.
C
Cr
1
1
Decision relative to location of the proposed public
facilities building was held over from the last meeting.
The Chairman read a letter from Edwin B. Worthen, Jr.
stating his preference in the location of the building as
the Meriam Street side and the reasons for his choice.
Mr. Cataldo reported an alternate location suggested
by Mr. York, Chairman of the Committee, and indic-ted it
on a plan. He stated they had looked at the suggested
site and after going over it, Mr. York agreed that it
would not be good.
Mr. Cataldo also indicated another location on the
plan which Mr. York intends to discuss with his committee.
The Chairman suggested that the Board wait for
another week until it hears from the committee.
89
Public
Facili-
ties
Building
The Chairman read a letter from the Historic Districts
Commission advising that the decision on the Board's appli-
cation for signs on the Battle Green and on the Old Belfry Signs
property had been postponed to April 21, at which time the
Commission wants information regarding the paint or finish
on the signs, whether they will have letters incised on
both signs or only one, and the color the letters are to
be painted.
Mr. Carroll said he believed he gave the Commission
all that information.
The Chairman reported that the Commission suggested
painting the sign on Belfry Hill. He said he would prefer
to have the sign painted and the others incised with
the letters painted.
Mr. Carroll suggested that it might be just as
well to paint the Old Belfry sign because that one
stands more of a chance of being destroyed by vandals.
The Chairman was authorizedto advise the Commission
that the sign on Malt Lane (Old Belfry Hill) would be
painted and the signs on the Common would be incised
with the letters painted.
The Chairman read a letter from the Planning Board
with reference to Barrymeade Drive extension, with a sketch
of the proposal of the Planning Board to connect the
proposed subdivision streets to Barrymeade Drive rather
than Marrett Road and recommend that the Baord take the
necessary steps to acquire a 565 square foot parcel of
land.
Mr. Carroll pointed out what the abutters on either
side own.
Mr. Legro explained that the abutters purchased the
land to prevent a subdivision from going in there.
Mr. Carroll advised that the Board should be pre-
pared to take the land by eminent domain.
Mr. Legro advised that there might be some problems
in taking the land. He pointed cut this is to permit
someone to make a subdivision.
Mr. Gray said the developer does not need this, but
the Planning Board is asking for it for a better traffic
pattern.
90
Mr. Legro said, as an overall project, it is estab==c.
lishing an undesirable precedent providing a subdivider
with additional land for a subdivision. He said there
are a number of situations in Town where this could
arise again.
It was agreed with Mr. Legro that he would give the
subject further study and the Board would discuss it again.
Mr. Carroll retired at 9:50 P.M.
The Chairman read a letter from the Colonial Resto-
rations Trust, Carlisle, expressing interest in purchasing
the land on Waltham Street described in Article 39 of the
Land on warrant for the Annual Town Meeting. This is the area
Waltham between the Manhattan Building and Anthony's restaurant.
Street The Chairman said the Board should advertise in
this matter.
Mr. Gray was requested to prepare a draft for sub-
mission to Town Counsel for his approval.
The Chairman read a letter from the Lexington
Rotary Club with reference to sponsoring Masao Hirakawa,
a Japanese boy, for study in this country. The Inter -
Sponsorship national Contacts Committee suggested there is a possi-
of Japanese bility of legal problems, due to the fact the boy is a
student minor and that it would be bettor handled through a
Japanese Rotary Club or referred to the American Field
Service Committee in Lexington.
It was agileed to contact the American Field Service
Committee.
Town flag
April 19
Mr, Legro retired at 10:00 P.M.
The Chairman read a letter from Robert D. Brown, of
the Lexington Minute Men, requesting permission to carry
the Town flag in both parades on April 19.
The Board approved the request providing the weather
is fair; the Minute Men to be advised if there is any
sign of inclement weather, the flag was not to be carried.
Letter was received from Florence Maclnnis, on behalf
of the Lexington High School Library Staff, requesting
permission to operate a food booth April 19 in the .alley
between Bateman's store and Colonial Gara;;e or the drive-
way between the Douglass Funeral Service and the library.
It was agreed to advise Miss Maclnnis that permission
would have to be obtained from the property owners and to
the best of the Board's knowledge, permission has been
granted to other organizations to use both locations.
Upon motion duly made and seconded, it was voted
to advise the following groups that the Board has no
objection to the operation of their proposed stands on
1
April 19, 1965, all being on private property; St.
Brigid's Holy Name Society, Church of Our Redeemer, Camp
Fire Girls, Lexington Lodge, Order Sons of Italy, Minute
Man Chapter of the New England Family Campers Association,
Sea Explorers, and Stanley Hill Post American Legion.
Upon motion duly made and seconded, it was voted
to certify the character of Dr. Vincent Treat, 6 Childs
Road, an application for a Certificate of Incorporation,
satisfactory references having been received from Acting
Chief Corr.
Application was received from the Secretary of State,
Corporation Division, with reference to an application
filed by Neal Kearney, 77 Wexford Street, Needham, and
others not residents of Lexington, for a Certificate of
Incorporation under the name of the Question Mark Club Inc.
The Board was asked to report to the State whether the
proposed location, Lexington Inn, was suitable or not
suitable.
It was agreed to hold the matter over and discuss
it with Town Counsel.
Upon motion duly made and seconded, it was voted
to arprove public official bond No. 86-72-23, in the
amount of $3,000.00 on behalf of Constable Paul E. Furdon.
Invitation was received from the Concord Board of
Selectmen to participate in the annual pre -Patriots'
exercises on Fiske Hill, April 18, 1965, at 3:00 P.M.
The Chairman agreed to represent the Board.
Upon motion duly made and seconded, it was voted
to grant the following licenses: William G. Nowlin,
Guide; Michael Valerio, d.b.a. Yum Yum Restaurant,
(Mr. Cataldo.tc contact him re hours of business) Common
victualler; Finard Motels, Inc., Innholder; Norman
Williamson, Taxi Driver.
Communication was received from the Massachusetts
Selectmen's Association asking the Board for its view
on the sales tax.
It was agreed to reply that the Board is in favor
of additional funds to relieve the financial burden of
the taxpayers.
Upon motion duly made and seconded, it was voted
to renew Yearly Dump Permit for Charles Calderone,
Woburn.
Upon motion duly made and seconded, it was voted
to issue a proclamation designating May 1 as Law Day
USA.
9t
Cert. of
Inc.
Cert. of
Inc. lo-
cation
Bond
Pre -
Patriots
Day ex-
ercises
Licenses
Sales
Tax
Dump
permit
Procla-
mation
92
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on March 29, 1965.
Upon motion duly made and seconded, it was voted
to sign layout Orders on the following non -betterment
Street streets, the Board having determined that no damages
Orders have been sustained and none are awarded: Frost Road,
Turning Mill hoad, Todd Road, Saddle Club Road and
Albemarle Avenue.
Appoint-
ments
Overtime
Annual appointments were held over for another
week.
Mr. Burnell requested the Board's permission for
Mr. Carroll to have the personnel in the Engineering
Department work overtime on the proposed revision of the
Traffic Rules and Orders of the Town.
Mr. Gray stated it will cost approximately $200.
Mr. Burnell reported that Mr. Carroll has available
funds.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to approve overtime fin' the
Enginbering Department personnel in preparation of the
revised Traffic Rules and Orders.
Upon motion duly made and seconded, it was voted
to hold the Board's meeting on Tuesday, April 20, the
Meeting 19th being a holiday.
Mr. Gray reported receipt of the following bids
for the purchase of five new cars for the Police De-
partment:
Police Rowe Chevrolet, Inc. $7,110.00
Cars Dunn Ford Sales - 8,112.50
Mawhinney Motor Sales, Inc. 8,192.00
Upon motion duly made and seconded, it was voted
to accept Rowe Chevrolet, Inc. net bid of $7,110.00 for
five new L -door Chevrolet sedans, taking in trade a 1961
Chevrolet, Serial No. 16071.5; 1964 Chevrolet, Serial No.
180699; and a 1962 Ford Serial No. 2E510216448.
Dump
Mr. Gray reported that he, Lieutenant Corr and Mr.
Carroll held a meeting with individuals and/or concerns
who have Yearly Dump Permits, at which time the problem
of sea gulls, garbage and rubbish originating outside of
Lexington were discussed. The group was told that any-
one found guilty of taking rubbish into the dump that
came from out of Town would lose his license and face
possible court action. It was suggested that notices on
the subject be included in the water °ills.
Mr. Gray also reported that a meeting will be held
with the dump attendants, at which time Lieutenant Corr,
Mr. Carroll and he will be present.
Mr. Gray recalled that last year the subject of
centralized purchasing was discussed and he would like
the Board to institute, as soon as possible, a uniform
purchase order for the Town. He reported that no de- Purchase
partment, with the exception of the Public Works, uses Orders
forms, a copy of which goes to the Town Accountant.
Mr. Cataldo said he was in agreement and thought
the forms should be printed, but he did think the Board
should confer with the Appropriation Committee and see
what is to be done in the Accounting Department.
Mr. Gray reported on the number of children enrolled
for pre-school summer kindergartens and informed the
Board it will cost $1,500.00 to cover all schools for
a period of six weeks.
The Chairman asked who was in favor of providing
policewomen protection for the nine schools.
Mr. Cataldo said he would be in favor of covering
all the schools or none, that is not just the Munroe,
Adams and Hastings.
Mr. Mabee said he, too, would be in favor of includ-
ing all schcols.
Mr. Burnell expressed himself as being in favor.
Upon motion duly made and seconded, it was voted,
in so far as possible, to provide Policewomen protection
at the nine schools conducting pie school summer kinder-
gartens at the prevalent rate of pay for policewomen,
this amount to be charged to the Police Department -
Expenses budget.
Upon motion duly made and seccnded, it was voted
to adjourn at 11:15 P.M.
A true record, Attest:
94
SELECTMEN'S MEETING
April 12, 1965
A regular meating of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, April 12, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were pre-
sent. Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present.
Mr. Robert Dunn, representing the New England Tele-
phone and Telegraph Company, met with the Board. He
said he thought Mr. Nrk Moore met wi th the Board on
March 29 for a vote of confidence in regard to the
Pole lo- location of three poles on Blake Road. He said Mr.
cations Carroll raised a question on a fourth pole, but the
Blake Road company has revised its plan and there will be an ex-
isting pole on Burlington Street and three other poles
will be placed according to the locations indicated
on the plan which he was presenting.
Mr. Carroll had no objection to the proposed lo-
cations.
Upon motion duly made and seconded, it was voted
to approve the proposed loc tion of three poles as sub-
mitted by Mr. Dunn.
Hearing was declared open upon petition of the
Pole lo- Boston Edison Company for permission to locate one pole
cation on Summer Street.
Mr. Serverson, representing the petitioner, was
the only person present for the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property listed on the petitioner's
plan and also filed with :the Superintendent of Public
Works.
Mr. Serverson explained the company wants to cross
a short cut between Arlington and Lexington.
Mr. Carroll said the proposed location was all right.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing Boston Edison pole location:
Summer Street, southwesterly side, approximately
154 feet southeast of Haskell Street.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate twelve poles
on Maguire Road.
1
95
Mr. Serverson, representing the petitioner, was
the only person present for the hearing.
Notices of the haring were mailed to the peti-
tioner, owners of property listed on the petitioner's Pole lo -
plan and also filed with the Superintendent of Public dations
Works.
Mr. Serverson explained the company would like to
start at Hartwell Avenue, go up Maguire Road and pick
up Itek. The short cut now being fed to Itek is over-
loaded.
The proposed locations were approved by Mr. Carroll
and Mr. Serverson explained Itek approved.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing Boston Edison Company pole locations: (
Maguire Road, northeasterly side, northwesterly
from a point approximately 70 feet
northwest of Hartwell Avenue, --
Eleven(11) poles.
Maguire Road, southwesterly side, at Hartwell
Avenue, --
One (1) pole.
Messrs. Serverson and Dunn retired.
Mr. 1'dbert Cherny, 252 Lincoln Street, applicant
for a Guide License, met with the Board. Mr. Cherny's
license was revoked in 1964.
Mr. Cherny stated last year he was not aware of
how badly he needed the license. Shortly after the
time he pulled the prank, his fathQ.r told him how im-
portant this job was to getting a college education.
He said a few days later he received a letter stating
the license had been revoked, and this means his college
education. He said in the last couple of months it
seemed to him a stupid prank and had he thought about
it, he wouldn't have done it. He said he knew he
would not do anyth'ng of a similar nature again.
Upon motion duly made and seconded, it was voted
to issue a Gpide License to Robert Cherny, 252 Lincoln
Sreet.
Mr. Cherny retired.
The Chairman read a letter form Mark Moore relative
to the gas line situation on Blake Road, advising that
Mr. Donald Jenkins, who had intended to build a house
on Lot 2, Blake Road, has found another lot in Lexington.
Mr. Moore had planned to install gas into the four houses
he is building. Gas line,
Mr. Robert Shaw was present at the meeting and said Blake Road
he had the sameinterestMr. Moore has and would like to
know why it is not possible to cut the street at this
time. He stated his interest is for his own sake because
he would do Mr. Moore's plumbing and heating, and would
96
lose four houses if gas is not available.
Mr. Carroll stated last year at this time when it
was first planned to pave and accept streets, he wrote
the various utility companies as he usually does, saying
no permits would be issued after completion, except for
emergencies, for a five-year period. The street was
paved. The gas company does have a main in Blake Road
but did not run the line into the lots. He said he
received a letter indicating the company was going to
apply for service to the lots Mr. Moore was going to
build on. The plan showed a single cut in Blake Road
which would bring la" service off a 6" line and then
run a l2" service up the shoulder. This would create
a pavement cut in the road butvnuld be a parallel gas
main in the shoulder of the road which is not good
utility practice and would inconvenience the Town in
the future if another utility was to go in. He stated
he told the gas company it was not in his jurisdiction
to approve, but he would recommend against it if they
petitioned, and the gas company was willing to drop the
matter. Mr. Jenkins purchased a lot from Mr. Moore and
his wife would not live in a hcuse withcut gas. He
told Mr. Jenkins he would nct change his mind, but he
had every right to go to the Board as did Mr. Moore.
Mr. Shaw asked what created the problem of having
an additional main in the shoulder.
The Chairman stated if there are other utilities
later they have to stay so many feet away from it.
Mr. Shaw asked if he meant the Town itself, and
Mr. Carroll replied anyone. He explained in the future
Blake Road will be the way any major utility might want
to get up into the Manor. He said he could see the
possibility of other utilities going in Blake Road. He
stated he feels it is not good practice and he did not
think the gas company should be permitted to do this.
He advised the company had all the time in the world
to make its plans.
Mr. Shaw said he talked to the gas company and
the man said he made a mistake.
Mr. Cataldo asked if Mr. Carroll felt there would
be any utilities going up this road in the next five
years.
Mr. Carroll said he couldn't say, that there is
a possibility that nothing would go up there in the
next five years.
Mr; Shaw said if in the future someone did break
the street, there would be no reason why the gas com-
pany could not connect the services at that time and
discontinue the side main.
Mr. Carroll said this would never get done.
The Chairman explained the Board is criticized
for paving a street and immediately cutting it up.
1
Mr. Shaw asked about Nowers Road, if that was the
same situation.
The Chairman replied it is supposed to be. He stated
every time the Town puts in a new road the utility com-
panies are alerted.
Mr. Carroll said errors are made; that he has given
the gas company plenty of permits in such cases, but when
the company has been notified, it should look into it.
He explained if the Board wants to permit this, it was
all right with him, but he did feel the Board should watch
out and not let the utility companies continue this practice.
Mr. Shaw asked how many times this situation has arisen
in the past, and Mr. Carroll replied plenty.
Mr. Shaw said he could see one existing lot where the
road was paved and someone purchases the lot and wants to
put in gas, but here he has four houl.es which is a personal
loss of $8,000 or $10,000. He said he did not think any
precedent would be established here.
The Chairman said he did not think the Town owed the
utility company any consideration for making an error ex-
cept other people may be hurt.
Mr. Shaw said he was fighting for himself.
The Chairman said the Board realized that and would
take the matter under advisement and let Mr. Shaw know.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meiling held
on April 5, 1965.
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to James Marchese, Burlington,
who does landscaping in Lexington. Permit
Upon motion duly made and seconded, it was voted
to grant the following licenses:
97
Minutes
Alan Silverman
Bertram Gustin
Frederic Hubley
Robert Cann
Joseph Tropeano
Isabelle M. Kitson
Starrett Associates Inc.
Emanuel Sugarman
Hancock Market
Woodhaven Country Stores
Concord Hill Market
George MacLeod
15
5o
4
48
12
847
594
59k
424
2219
1)4
Rumford Rd.
Bloomfield St.
Stetson. St.
Hancock St.
Revere St.
Mass. Ave.
Marrett Road
Marrett Road
Hancock St.
Marrett Rd.
Mass. Ave.
Baker Ave.
Guide renewal
Auctioneer "
It
It
It
Public Carr.
Intelligence
Office
n
Sunday Sales
n rr
11 ?1
11 n
The Chairman read a letter from the Battle Green
Chapter, Order of DeMolay, requesting permission to
operate a concession stand April 19 on property between
the Savings Bank Building and Brigham's store or on
property of Masonic Temple.
The Board was opposed to location of a stand in
n
n
n
tr
rr
n
n
April 19
stand
98
the passageway because of interference with pedestrian
traffic to the municipal parking area, but had no ob-
jection to location of a stand on property of the
Masonic Temple.
The Chairman read a letter from Dr. Charles T.
Mooney, requesting permission to sell coffee, doughnuts,
April 19 etc., on his property, 1115 Massachusetts Avenue, April 19,
Permit for the benefit of the Greek Orthodox Church. The Board
had no objection.
Upon motion duly made and seccnded, it was voted
Package to request the Package Goods Stores to remain closed all
Goods day April 19, 1965, Patriots' Day.
Stores
The Chairman read a letter from Messrs. Archie R.
Candidate Giroux and Alfred L. Viano submitting the name of
for Hist. Stuart 0. Dawson as a candidate for appointment to
Dist. Comdethe Historic Districts Commission.
Notice was received from The Easter Seal Society,
with reference to a "Coffee Day for Crippled Children"
to be held Friday, April 16.
The Board had no objection to the proposed Easter
Seal appeal, and the Chairman gave a proposed declar-
ation to Mr. Adams for insertion in this week's issue
of the Lexington Minute -man.
Mr. Ned Rasor, 80 Marrett Road, met with the Board.
He said the problem is a matter of water drainage on
his land at the corner of Follen and Marrett Roads. The
land is being damaged in two ways and the Town is in-
volved in both. He stated on one side of the property,
Drainage Follen Road goes through a sewer grating and comes out
on his land; the salt, silt, etc. just stands there
which is drainage from the street. He said the Town
owns a strip of land about fifteen feet wide between
his land and Follen Road, which has been used as a dump
over the years. This also is interfering with the
drainage and is unsightly. He stated on the other end
of the land the drainage ditch drains off through the
Town land. There is a pond on the Ton land and the
drainage ditches from the pond are blocked, and there
are large trees that have fallen into the pond. He
stated the park area is being damaged because of the
lack of drainage and this reflects itself up on his
land.
Mr. Carroll submitted a plan and indicated Mr.
Resorts property and the fifteen foot strip that the
Town owns. He also pointed out the brooks that Mr.
Rasor wants cleaned out. He stated the problem is
compounding because the Town is dumping water.
Mr. Rasor said nothing; will grow because of the silt,
oil and salt.
0
r2
a
1
Mr. Carroll said he would like to look at the area
and come back to the Board next week with some estimate
of what it wouldcost to solve the problem and also find
out what legal rights the Town has in here.
Mr. Rasor said he was willing to do his share but he
is more or less helpless at this point.
.Mr. Carroll explained that if a backhoe were used to
clean the brook, it would result in cutting down some trees.
Mr. Rasor suggested using a few men with shovels and
saws. He said he would not like the area damaged by
heavy equipment.
The Chairman stated Mr. Carroll will submit his re-
commendations to the Board next week and possibly it
could arrive at some solution.
Mr. Rasor retired at 8:14 P.M.
Letter was received from the U.S.S. Lexington Minute-
men Club relative to placing a wreath on the Minute Man
Statue May 8 each year in memory of the service men who
lost their lives in the Coral Sea Battle May 8, 1942.
approve the
out with the
The Chairman suggested that the Board
request and ask that the details be worked
Town Celebrations Committee.
Upon motion duly made and seconded, it
to appoint Edwin F. Booth, Jr., 17 Westwood
ington to the Auxiliary Fire Department, as
by Mr. Arthur E. Burrell, Director of Civil
was voted
Road, Lex -
requested
Defense.
The Chairman read a letter from William P. Brenchick,
on behalf of the Lexington Marine Corps League, requesting
permission to operate a refreshment stand April 19 on pro-
perty owned by Dr. Charles T. Mooney, 1145 Massachusetts
Avenue. The League also requested the privilege of carry-
ing the Town flag in both parades.
Permission to carry the Tcwn flag was granted and the
Board had no objection to the proposed location of a stand
on private property.
Boston Edison request for permission to locate one
pole on Waltham Street southeasterly side, approximately
730 feet southwest of Worthen Road was held over at Mr.
Carroll's request.
The Chairman read a letter from Russell F. Morash,
3 Fern Street, requesting restoration of the sidewalk to
at least its condition prior to the installation of the
sewer and relocation of a "No Parking" sign.
Mr. Carroll reported that he and Lieutenant Corr
looked at the traffic sign and Lieutenant Corr said
the problem there was that there was parking by parish-
ioners of the Sacred Heart Church and people on Fern
Street objected. He explained the signs were placed
on a temporary basis and no amendment was ever made to
the Traffic Rules and Regulations. Lieutenant Corr
99
Memorial
to Veterans
Appointment
April 19
Pole
location
Sidewalk'
Traffic
Sign
100
recommended reducing the area of parking. Mr. Carroll
suggested referring that portion of the letter to the
Traffic Study Committee.
With reference to the sidewalk, Mr. Carroll reported
he has no knowledge of the condition of the sidewalk
fifteen years ago and no betterments were ever paid. He
explained this is a maintenance situation and if Mr.
Morash wants a sidewalk, he should pay for it. He said
if the Board wished to, it could tell Mr. Morash that it
will consider a new sidewalk and that the Superintendent
of Public Works will send out a petitionon it.
Mr. Cataldo recalled that some time back, the Board
considered traffic on Fern Street and the possibility of
making no left turn from Route 2.
Mr. Carroll said this is to go on the agenda for the
Traffic Study Committee's meeting next Tuesday.
The Chairman read a letter from Mrs. Walter E. Murphy,
267 Concord Avenue, requesting extension of the sidewalk
to her driveway on Blossom Street, a distance of about
Sidewalk forty feet.
Mr. Carroll reported there is no problem here and he
could include this construction in the Belli Bros. contract.
Upon motion duly made and seconded, it was voted to
authorize construction of a sidewalk as requested by Mrs.
Murphy, betterment to be assessed.
Mr. Carroll reported that he was made aware of the
fact the Post Office employees' cars will not be permitted
to park at the Post Office and advised that there will be
sixty feet left of the parking area owned by the United
Parking States that will not be paved. He said he felt this
should be paved and suggested that the Board write Philip
Lynn, Chief Design & Construction Division, requesting
reconsideration of plane to utilize the area for additional
parking for Post Office personnel.
Mr. Carroll referred to the traffic signals at Bedford
Street and Worthen Road and reported that he, Lieutenant
Corr, and two men from the Department of Public Works met
regarding the problem at this intersection. He submitted
a -plan and explained the situation. He recommended that
the Board request the State to include the following changes
in Permit No. 1112 (b):
1. Housing "B" to remain a constant "green" until the
fire button is pressed in the fire station, when
it would go to "red". This would allow cars to
move more freely through the intersection and would
reduce the number of times that traffic would block
the driveways at the abutting gas station.
2. Housing "E" to have a green arrow permitting constant
right turns onto Worthen Road. At the present time,
traffic is cutting through the First National parking
lot to avoid the lights.
Traffic
1
Mr. Cataldo agreed there should be a green arrow and
said there should be a third lane for the green arrow.
Mr. Carroll said he thought it could be worked out
so the line going right will follow the arrow.
Upon motion duly made and seconded, it was voted
to request the State to include the changes, as recom-
mended by Mr. Carroll, in Permit No. 1112 (b).
Mr. Carroll reported w hen the State Officials were
here the other day, he took them up to Eldred Street and
discussed the problem of the officer. Lieutenant Corr
was also present. They discussed the possibility of
"No Left Turn" coming out of Eldred Street, but the State
officials felt this would be dangerous because there is
not enough room to make a safe right turn out of Eldred
Street. He reported they all felt this was not an
adequate solution. He said one other possible solution
which would solve the problem, but almost out of the
question because of the cost, would be direct access from
Eldred Street to the jughandle road. The State felt ap-
proval would not be given for a traffic light at the
intersection of Eldred Street because of the lack of
volume of traffic because of the intersecting street.
The State requires an average of 500 cars an hour for
eight consecutive hours. It was also suggested that
the load on Bedford Street be lightened by the con-
struction of a ramp on Route 128. The State felt this
was a possibility.
Mr. Carroll submitted a plan, and Mr. Sheldon asked
who would have to pay for this.
Mr. Carroll replied the State and Federal govern-
ment; the Town is now in the position of asking to have
the problem solved.
Mr. Mabee advised that he had seen a layout of a
roadway and indicated the location on the plan.
Mr. Cataldo said he thought that was before Hartwell
Avenue, and he thought the first thing to do was to obtain
permission from the State to go on Route 128.
Mr. Carroll suggested a meetir,Sof representatives
from the State, the Air Base, and the Department of
Public Works.
The Chairman asked Mr. Carroll to discuss this with
the Planning Board first, talk to the Base Commander,
then arrange for a meeting.
Mr. Carroll said he and Mr. Gray would go to see
Colonel Barrere.
Mr. Burnell said he would like to go to the Planning
Board with Mr. Carroll.
101
Traffic
Eldred
Street
Mr. Carroll referred t o the sewer being extended in
Vine Street, ending at house #67. He said Mr. Timothy
Quinlan, who lives at #59, would like the sewer extended
to his house, and is willing to pay. He said it will be Sewer
between $2500 and 53000 for the 100 feet and the betterment
to Mr. Quinlan will be approvimately S1,000. Mr. Carroll
said the contractor is working there and there is enough
1.02
money in the contract.
Upon motion duly made and seconded, it was voted
to extend the Vine Street sewer, now under construction,
a distance of approximately 100 feet, betterments to be
assessed.
Mr. Gray advised this is definitely the last house
that can be served by this sewer.
Mr. Cataldo said he thought it was about time the
Board took the Police Officer off Eldred Street.
Eldred Mr. Burnell reported the Traffic Study Committee
Street recommends that the Officer remain on duty until the
Officer end of the school year.
Mr. Sheldon said then the request for an Officer
will be repeated in September.
Messrs. Burnell and Carroll left the meeting to
go to the Planning Board to discussthe possible solution
to the traffic situation at Eldred Street.
Mr. Arthur E. Burrell, Director of Civil Defense, met
with the Board.
The Chairman asked what he could tell the Board about
Civil Defense. He said Mr. Burrell did have an organization
and asked if he had any records of the organization, who is
who, and what is what. He asked if he had a chart or
listing that was up to date.
Mr. Burrell replied he has a listing that is a series
of pages. The department is built around existing Town
departments and he would look to the existing departments
for activities that are familiar to their normal duties.
The Chairman asked if the departments understood this.
Mr. Burrell replied this is another question.
Mr. Cataldo said this is the question the Board is
asking.
The Chairman said at one point during the last couple
of years the Board did write letters to the department heads
informing them of their relationship with Civil Defense. He
asked if this has had any effect.
Civil Mr. Burrell replied he thought it did. He said he
Defense had a series of meetings with the department heads but the_e
have been no meetings for over a year now because of a major
change in the emphasis of the program. He stated that after
the Cuban situation, the whole emphasis changed to shelter:
and he has been working in putting this in order, and he
thought it was in good shape. He said he ran off some
material this afternoon for the Board which it should read,.
in regard to shelter utilization. He reported that Army
Engineers have been in Lexington and the most recent figures,
within two months, give an approved number of spaces, 2,013.
In his planning, he has discounted about 2700 of these because
they are up at the Lincoln Laboratory. He said he has in
Lexington right now 25,000 spaces and supplies for 1200.
Mr. Cataldo asked where one would turn if a natural
disaster should happen tomorrow, and Mr. Burrell was out
of Town. He said the department has a budget and the Board,
1
1
would like to get the maximum.
Mr. Burrell said his feeling is this, and he has dis-
cussed it with Mr. Gray several times. The entire Civil
Defense program is a coordinating effort of the Board. To
make this work, the individual sitting in the Director's
job must be acceptable to the other departments. The
individual who knows more about this program than anyone
else in Town is Don Irwin. At this point, he has a better
knowledge of the whole program than anyone else.
Mr. Cataldo said he went over the material Mr. Burrell
sent the Board and the concept of the warning system bothers
him and asked if the Town was jumping the gun.
Mr. Burrell said the system has been in existence for
a number of years and has recently been moved to Harvard.
There is no decision on warning made at this level. He
said the program breaks down because there is no way of
getting to the people. There are three stations in
Metropolitan Boston and the others will go off the air.
Mr. Cataldo said they would do t he Town more good
than its warning system if something landed here in Lex-
ington where the warning system depends on overhead wires.
Mr. Burrell said he did not think an effective warning
system will be availably.
Mr. Cataldo said to consider Civil Defense on a local
basis, not national; this is where the Town is losing.
He asked if anything had been done in the area of emergency
generator.
Mr. Burrell replied in the affirmative. He said he
met with the BoLtrd a year ago with a recommendation that
he investigate a heavy duty unit for this building.
The Chairman askedif, in Mr. Burrell's opinion,.. right
now the warning system was still valid.
Mr. Burrell replied this is a missing link.
The Chairman asked if he had any feeling from the
higher echelon that the system is not of any value.
Mr. Burrell replied in the negative.
The Chairman said the shelters are around Town and
asked if any effort had been made to break it down so
different people are going into the different shelters.
Mr. Burrell replied in the affirmative.
Mr. Sheldon said that information has not been given
out to the people.
Mr. Burrell replied it hadn't because it is constantly
changing.
The Chairman said Mr. Burrell does have an
He asked if the Board wanted a written list of
zation, could it have one up to date.
Mr. Burrell replied in the affirmative.
The Chairman asked if he had an Assistant
organization.
the organi-
Civil Defense
Director.
Mr. Burrell replied under agreement with the Red Cross
its Chairman could be used. He has been designated by the
Board.
The Chairman said Mr. Burrell did have a chain of command
and asked him to give the Board a list. He asked if Mr.
Burrell had a Supply Officer.
103
X04
Mr. Burrell replied in the negative.
The Chairman said he recommended very strongly that Mr.
Burrell have a Supply Officer. He said he was concerned
with a system where one can pick up a little book which
will tell you, you have this and it is there.
Mr. Burrell said equipment tends to go to a particular
service per se or goes to individuals. If it goes to
individuals, it goes on a receipt basis, and two copies
of the receipt are kept. Some things he has in detail.
He could give complete data on radiological instruments.
The Chairman suggested that Mr. Burrell designate
someone as a Supply Officer and said he would obtain some
forms for Mr. Burrell so he will know where all the equip-
ment is.
Mr. Burrell said this is not a problem, he has the
information.
The Chairman said Mr. Burrell should know what department
has most of the things he has been getting. If a depart-
ment needs something, he would only need to flip the page
and wopld know where the equipment is.
Mr. Burrell said the reason this has not been done
is because of time.
The Chairman asked if this was something Ralph Elvedt
could do.
Mr. Burrell replied he did not think so, but he would
talk to him about it.
The Chairman asked if Mr. Burrell was getting the
cooperation of the Town departments he felt he should get.
Mr. Burrell replied in the affirmative. He said he
has not asked for anything from the Town departments and
is at the point where he should be going back to them.
He has a whole new concept which they have not seen. They
should then begin to think about their own department oper-
ation in relation to this plan.
The Chairman asked if Mr. Burrell had talked to the
Acting Chief about Civil Defense.
Mr. Burrell replied in the negative.
The Chairman said the best staffed part of Civil
Defense is the Auxiliary Fire.
Mr. Burrell said there is police, fire, public works.
The Auxiliary Fire is pant of the total Fire Department.
The Civil Defense maintains them and they operate within
the Fire Department.
The Chairman said Mr. Burrell looked at it as a Town
Department ready to go to work with Civil Defense if an
emergency exists.
Mr. Burrell said his interest is to see them organized
and not how they use it.
The Chairman said he still has an Auxiliary Police.
Mr. Burrell said Lieutenant Corr has a list of them
and is going to use them over the holiday.
Mr. Sheldon asked if anything more could be done to
help the police problem.
1
Mr. Burrell said he is sympathetic to the police
problem and the Chief of Police is the only one who can
call these people out. He said Concord uses them and gives
them a cruiser to check vacant houses. Arlington uses them
on churches. He said they are of no value unless the Police
Department wants to use them. 1le said he would be glad to
talk to the Acting Chief.
Mr. Cataldo referred to the warning system and said
he was not opposed to it but he did not agree on the warning
system being as effective as it could be, running on over-
head wires. He pointed out that any disaster could wipe
them out.
Mr. Legro arrived at 9:20 P.M.
Mr. Burnell returned to the meeting.
The Chairman said he would make a point to meet
with Mr. Burrell and discuss the Supply Officer.
Mr. 3urrell said he would contact the Acting Chief
and talk to the other Town Departments.
Mr. Cataldo said the Board would like a list of the
people in key positions.
Mr. Burrell retired at 9:25 P.M.
Chairman Abbott and Mrs. Morey, of the School Sites
Committee, met with the Board.
The Chairman said they would like to know if the
Board is planning a June Town Noting.
Mr. Cataldo said the Board has to plan on a June
Town Meeting.
Mr. Abbott explained his committee is concerned
about the option on the Swenson land and wants to get
a section of the land for a school site. He said the
committee hopes the Town Meeting will be June 7 in case
the option is on June 15.
The Chairman said, if possible, the Board would try
for June 7.
Mrs. Mare-,; and Mr. Abbott retired at 9:30 P.M.
The Planning Board's letter with reference to Barry-
meade Drive Extension, dated March 31, 1965, was held over.
Mr. Legro said he presumed it was possible for a
taking to be made for the purposes indicated in the letter,
but he wanted to point out, as he did last week, there are
a number of siituations where this will come up again.
Mr. Mabee str•ted usually this is done without involv-
ing the Town if it can be.
Mr. Legro said the purpose for the taking bZ- eminent
domain is questionable, but he thought it could be done.
The ordinary way would be to require the subdivider to
acquire the land for his second exit.
No action was taken.
105
Barry-
meade
Drive ex-
tension
106
Executive
Session
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.
Following discussion of legal matters, Certificate
of Incorporation, Police on traffic duty at Eldred Street,
Rasor drain easement, civilian police, it was voted to
resume the open meeting.
Mr. Legro retired at 10.40 P.M.
Upon motion duly made and seconded, it was voted
to report to the Secretary of the Commonwealth that
Cert. of the Lexington Inn is a suitable location for the
Inc. Question Mark Club, Inc.
Upon motion duly made and seconded, it was voted
Town to call a Special Town fleeting for Monday, June 7, 1965,
Meeting at 8:00 P.M.
Upon motion duly made and seconded, it was voted
to close the warrant for the Special. Town Meeting on
April 26, 1965.
The Chairman said the Traffic Study Committee re-
ported that Lieutenant Corr said the police officer on
duty at Eldred Street would probably remain there until
the closing of school .
Motion was made to keep the police officer on duty
until the closing of school. The motion was not seconded
and therefore lost.
Upon motion duly made and seconded, it was voted
to discontinue police coverage at Eldred Street immedi-
ately.
Mr. Burnell was recorded in opposition.
Mr. Gray reported that Lieutenant Corr had asked
him to present a proposal for renovation of the tele
Police phone system at the police station. At the present time,
telephone they have only three lines coming in and they would like
system to have a fourth. The present cost is $118.50 which
would be increased to $148.50.
There are ten outside call boxes, many not in the
proper location. The Lieutenant proposes to eliminate
four and relocate the other iix boxes and make than into
civilian reporting boxes for emergency services. The
Lieutenant feels they should be located in the business
areas of the Town, available to anyone wanting a merg.ency
police service . He explained the Town Offices and Fire
Station would still be connected directly to the Police
Station. This would incur an installation charge of $90.
Mr. Gray reported that, in addition to the extra line,
there would be an intercom system; one in the secretary's
office, one in the Chief's office, and one in the Lieutenant's
Eldred St.
officer
1
107
office. He said there are sufficient funds in the police
budget to cover this.
Upon motion duly made and seconded, it was voted
to authorize Lieutenant Corr, Acting Chief, to make the
proposed renovation in the Police Department telephone
system, establish an intercom system and eliminate four
alarm boxes and relocate the remaining six alarm boxes.
Mr. Gray reported he received a telephone call from
Mr. Storts, a handicapped individual who would like to April 19
attend the April 19 parade, but cannot stand for a long
period of time. He was inquiring as to whether or not
the Board would consider designating a place in front of
Cary Hall where cars could park so he and other handicapped
individuals could see the parade.
Mr. Cataldo suggested the entrance to the East Lex-
ington Fire Station.
Mr. Gray said he did not think this location occurred
to Mr. Storts.
The Chairman suggested, and the Board agreed, that
Mr. Gray advise Mr. Storts that the Board recommends the
East Lexington Station. He also asked Mr. Gray to notify
the Fire Commissioners and the Police Department.
Mr. Gray reported a visit from Alfred Busa in regard
to the lots on Circle Road. Mr. Busa wondered if now
the Board would consider selling the lots to him. Tax Title
Mr. Cataldo said he thought the Board should talk lots
to Town Counsel as he had some reservations.
The matter was held over, Mr. Gray to check with
Town Counsel.
Mr. Gray reported that Leslie York, Chairman of
the Public Facilities Building Committee., has requested
a hearing before the Board of Appeals in regard to the
shingles to be used on the building, and that hearing
will be held April 27.
Mr. Gray said the award has to be made by April 28
and it is expected that the Committee will act on the
location of the building this evening.
Mr. Gray said he had mentioned establishing a Communi-
cations Committee, consisting of Lieutenant Corr, Chief
Belcastro and Mr. Carroll.
The Chairman said he still felt the Board of Fire
Commissioners should be on the committee.
Mr. Cataldo said that might mean the committee would
have to meet in the evening and suggested that the Chief
could report back to the Fire Commissioners.
Mr. Sheldon suggested that Mr. Gray contact Mr.
Fitzgerald, Chairman of the Board of Fire Commissioners,
and tell him what he has in mind about setting up a
committee and ask if it would be agreeable to the Com-
missioners to have the Chief represent the Board.
Uponmotion duly made and seconded, it was voted
to establish a Communications Study Committee consisting
of the Chief of Police, Chief of the Fire Department,
100
Tax title
lots
Superintendent of Public Works, Director of Civil Defense
and Mr. Gray, Executive Assistant to the Board of Selectmen.
Mr. Gray reported that he had received an offer of
$200 from Mr. William H. Hooper, 50 Valleyfield Street,
for lots 166 and 167 Valleyfield Street. He reported
these are isolated lots, and the Planning Board has no
objection to selling them except if this is not a legally
zoned street, the purchaser may not be able to obtain
building permit.
Upon motion duly made and seconded, it was voted not
to dispose Clots 166 and 167 Valleyfield Str::et, it being
the opinion of the Board that it is in the best interest
of the Town to retain ownership.
Mr. Gray reported he had received an offer of $600 for
lot 27 Fairland Street from John N. Reicheld who wants to
Tax title erect a house for himself. He stated that the Planning
lots Board has no specific use for the lot and therefore has
no objection to its sale.
Upon motion duly made and seconded, it was voted
not to dispose Of lot 27 Fairland Street, it being the
opizlion of the Board that it is in the best interest
of the Town to retain ownership of lots on unaccepted
streets.
Tax title
lots
Mr. Gray reported that an offer of $1050 had been
received from Frank T. Grazulis for lots 422, 423 and
424 Avon Street, an unaccepted street. The Planning
Board has no objection to the sale providing a plan is
made showing one lot 75 feet wide, which may either be
added to other land of adjacent owners or else used as
one building lot.
Mr. Mabee said sooner or later people with lots
on unfinished streets will come to the Board for improve-
ments.
Upon motion duly made and seconded, it was voted
not to dispose of lots 422, 423, and 424 Avon Street, it
being the opinion of the Board that it is in the best
interest of the Town to retain ownership of these lots.
Mr. Gray report,_,d that Mr. York, Chairman of the
Public Facilities Building, has plotted an alternate
location of the proposed building on the plan.
Public Mr. Cataldo pointed out that if the proposed build -
Facilities ing is placed between the trees, as indicated on the
Building plan, too many roots would be disturbed.
Upon motion duly made and seconded, it was voted
to locate. the Public Facilities Building in the location
as shown on plan entitled "Plan of Public Facilities and
Information Building, C. Harry Erickson, Architect,
Job Drawing #801".
1
Upon motion duly made and seconded, it was voted
to adopt the following Orders for land acquisition and
construction of ways:
Cutler Farm Road from Hudson Road a distance
of 832 feet, more or less, southerly;
Hudson Road from 110 feet, more or less, east
of Woodcliffe Road a distance of 530 feet, more or less,
easterly to Cutler Farm Read;
Bruce Road, from Hillside Avenue a distance of 130
feet, more or less, easterly.
Names suggested as possible appointments to the
Appropriation Committee were Albert Peckham and Louis
Zehner.
The Chairman read copy of a letter from William S.
Richey to the Town Clerk submitting his resignation from
the Lexington Conservation Commission, effective at
once.
Upon motion duly made and seconded, it was voted
to accept Mr. Richey's resignation with regret.
Upon motion duly made and seconded, it was voted
to reappoint Mr. Jules P. Sussman to the Lexington Con-
servation Commission for a term of one year to fill the
vacancy caused by Mr. William S. Richey.
Mr. Cataldo was recorded in opposition.
Upon motion duly made and seconded, it was voted
to appoint John J. Garrity to the Lexington Conservation
Commission for a three-year term, subject to .Mr. Garrity
being willing to accept appointment.
Upon motion duly made and seconded, it was voted
to make the following annual appointments for terms ex-
piring March 31, 1966, except where otherwise indicated:
Building Inspector
Director of Civil Defense
Director of Veterans'
Benefits & Services
Executive Assistant, Selectmen
Executive Clerk, Selectmen
Fence Viewers
Field Drivers
Gas Inspector
Lockup Keeper
Measurer of Wood and Bark
Park Department Superintendent
Public Works Superintendent
Public Works Assistant Super-
intenden t
Registrars of Voters (3 year term)
Town Accountant (3 year term)
Donald K. Irwin
Arthur E. Burrell
109
Resignation
Appointment
Appointment
Maurice D. dealy
Albert Gray, Jr.
Hazel J. Murray
Rev. Harold T. Handley
John J. Garrity
Lt. James F. Corr
Carl Carlson
John B. Byrne, Jr.
Lt. James F. Corr
Harold I. Wellington
Paul E. Mazerall
John J. Carroll
Guy V. Colella
Ralph H. Elvedt
Raymond L. White
110
Town Counsel
Town Engineer
Town Engineer,
Tree Warden
Veterans' Graves
Wire Inspector
Board of Appeals
Board of Appeals
Assistant
Officer
(5 year term)
- Associate Members
Board of Public Welfare
Gemmel Legacy Income Trustees
(Acting with Department of
Public Welfare)
Old Age Assistance Bureau
Conservation Commission
Hunting Committee
Donald E. Legro
John J. Carroll
Robert L. Higgins
Paul E. Mazerall
Maurice D. Healy
Robert K. Jeremiah
Aiden L. Ripley
J. Henry Duffy
Ruth Morey
George C. Sheldon
Howard H. Dawes
Munroe H. Hamilton
Howard H. Dawes
Robert K. Taylor
Robert P. Trask, Jr.
David F. Toomey
Martin A. Gilman
Mary E. Casey
Margaret L. West
Howard H. Dawes
Robert K. Taylor
Robert P. Trask,
David F. Toomey
Martin A. Gilman
(3 year term)John J. Garrity
(1 year un- Jules P. Sussman
expired term)
George C. Sheldon
Jr.
(Select.)
Mr. Cataldo said the Board should decide on the late
Chief Rycroft's pension.
Upon motion duly made and seconded, it was voted
to request the Board of Retirement to take whatever
action is required by Statute so payment may be made
to Mrs. Grace Rycroft, widow of Chief Rycroft.
Mr. Gray said he would check this out; he thought
it came under Section J.
Upon motion duly made and seconded, it was voted
to adjourn at 11:25 P.M.
A true record, Attest:
1
111
SELECTMEN'S Mh:N:TING
April 20, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Tuesday, April 20, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, executive Clerk, were
also present.
Mr. Anthony DiGiovanni, a representative of the
Mystic Valley Gas Company, met with the Board.
The Chairman said he surmised Mr. DiGiovanni was
familiar with the problem on Blake Road and stated the
Superintendent of Public Works had informed the company,
prior to the construction of the road, that it should Blake Road
plan to do whatever it had to do prior to construction. Gas
Mr. DiGiovanni said that was correct.
The Chairman said the company failed to do it, and
he did not know what the Board was going to do, but
there are citizens up there who would like to use gas.
He stated the Board does not like to hurt its citizens,
but it must support the Superintendent of Public Works,
particularly when he has given ample warning.
Mr. DiGiovanni said the company has taken a few
steps to prevent this from occurring in the future.
Any time now it has letters from the Supc;rintendent of
Public Works as to streets, a copy is made and sent to
the sales department. If that department has any people
that it has talked to, or knows of any future jobs in the
area, it can go in and plan the work. He said this
slipped by intentionally on the company's part because
it did not have anything in this area to put gas in for.
He said if stubs are put in every road, many times they
are not used. He said a water stub might be used but
gas stubs might be in the street for years and never
used. He stated Blake Road was one case where the
company had not heard of any new business going in the
area. He explained a year after the road was constructed,
Mr. Moore applied for gas for his four lots.
Mr. DiGiovanni submitted a plan showing three lots,
1, 2 and 3 on one side of the street and one lot on the
opposite side.
Mr. Cataldo asked how the company would put the gas
Mr. DiGiovanni replied the least amount of tearing
up. He said t he company would have to open up where it
ties on the gas line. lie pointed outto the Board an
area on the plan where the street would be opened and
in.
112
where the line would go, and explained the company would
end up with a parallel gas line.
Mr. Carroll explained he had seen this plan before.
The Chairman asked if it met with his apiroval,'and
Mr. Carroll replied in the negative.
The Chairman asked if there was any alternative that
would be acceptable.
Mr. Carroll replied not if the Board wants to con-
tinue the policy of building betterment streets and not
digging them up for a certain period of time.
The Chairman said as far as he was concerned, he
would want to follow the policy.
Mr. Carroll said he wruld rather see four pavement
cuts than what is proposed on the plan.
The Chairman asked if there were any other situations
in Town that he knew of at thistime of a similar nature.
Mr. Carroll replied it is difficult to draw parallels
on situations like this.
Mr. DiGiovanni said the company would agree that in
the future there would be no excuses for this happening
again. He said the company does not like to run a stub
in every vacant lot. He said an effort would be made
to make the sales department aware of any streets that
are going to be constructed.
The Chairman asked, assuming a street were paved
and the company did not have the stubs in, if it would
expect permission.
Mr. DiGiovanni replied it did not expect it here
except the customer would like to use gas. He stated
this is something the company would like to keep away
from.
Mr. Carroll said he would just as soon see three
or four pavement cuts. He stated once a street is paved
under the Betterment Act, it is not wise to permit a utility
company to come in and open it up because it becomes habit-
forming and there is always a reason for it. He said the
utility companies should understand when they are given
ample notice. He stated this same argument used on Blake
Road can be used on Massachusetts Avenue, that a man wants
gas. He said his objection is, that it is second-rate
construction because it puts another underground utility
in the street which at some time someone is going to have
to watch out for because it is there. He said he could
not of course definitely say that the Town will ever need
that shoulder for another utility.
Mr. DiGiovanni said this is something the company
frowns on. Any time there are parallel lines, it is only
a problem and the company does not like it either. It
just wanted to avoid four openings.
Mr. Cataldo asked if Mr. Moore owned this land.
Mr. Carroll replied in the affirmative and said he
petitioned for the gas.
1
113
Mr. DiGiovanni advised that Mr. Moore has been heating
with electricity and now going back to gas. He has not
been a gas customer for over two years.
Mr. DiGiovanni retired at 7:50 P.M.
Mr. Sheldon said if the Board granted four cuts, it
should be understood it, in no way, is establishing a
precedent.
Mr. Cataldo said the company should also be required
to patch acconEng to Mr. Carroll's specifications.
Mr. Burnell said it seemed to him that the gas company
could do this same thing again.
Mr. Catsldo explained that if the gas company came in
and asked for permission, and an outside gasfitter was go-
ing to do the work, he would be opposed. However, in this
instance, a local gasfitter is going to do the work.
Upon motion duly made and seconded, it was unanimously
voted to approve four cuts.
Mr. Carroll referred to land owned by Ned Rasor, lo-
cated et the corner of Follen and Marrett Roads. Mr. Rasor
met with the Board last week and discussed a drainage problem.
Mr. Carroll submitted a plan showing the Rasor property
and the Town land that abuts it. He explained at the present
time there is a storm drain from Richard Road to a low spot
and water is dumped onto the parcel of land the Town owns.
The water then comes out and runs toward Marrett Road and Rasor
goed down to a brook. He said the problem is, #1, the drainage
Town is dumping water on an area he indicated on the plan.
He explained the drain was put in August, 1943, but he has
been unable to find any record of the Selectmen ever taking
an easement. The other problem is the brook system which
runs through here and fills up so there would still be the
problem of water in the Rasor land because of the brook
system. He explained the Town has the right to go in and
clean any brook. He said to clean this piece of brook
and do it right, it should be done down to Clematis Brook.
The piece from the Rasor land to the Dailey property would
have to be done by hand at a cost of $1500. The rest can
probably be cleaned by machine and the total expenditure
would be in the vicinity of $3,000. He said there. are funds
in the Highway Maintenance to clean brooks and it is not
a question of getting additional money. There is a problem
of what Mr. Rasor wants the Town to do about this situation
and what the Townts rights are because it has been dumping
water here for twenty years.
Mr. Sheldon mentioned that when t"Lr. Rasor met with the
Board, he intimated that he would be willing to share the
expense. Be said he wondered if Mr. Rasor would pay for
the work on his own property.
Mr. Cataldo said a new brook would have to be dug on
his property.
Mr. Sheldon asked what expense would be involved on
Mr. Rasor's property if the entire job was done.
114
Mr. Cataldo replied it would cost $2,000 or $3,000 to
put a pipe through his property.
Mr. Cataldo asked if the brook Mr. Carroll proposed
would take everything that is coming in there and he
replied in the affirmative.
Mr. Cataldo said the Board would have to make a taking.
Mr. Carroll said the Planning Board has been talking
about taking a piece of land for an access to the Town land.
Mr. Mabee said the Planning Board has talked for about
eight years about getting an access to that land.
Mr. Carroll explained the easement would not be entirely
within the piece of land the Town is talking about acquiring.
The Chairman asked if Mr. Carroll had any recommendations
and he replied in the negative.
The Chairman said he wanted fair and equitable treat-
ment and asked what steps should be taken to keep this area
in a neat condition.
Mr. Carroll explained signs had been erected but were
stolen.
Mr.
from the
Mr.
and Mrs.
and advi
The
with the
Board.
Sheldon suggested that Mr. Carroll get an opinion
Planning Board and then discuss the subject further.
Carroll said he thought someone should talk to Mr.
Rasor and get their feeling as to what they want
se them of what the Town wants.
Chairman asked Mr. Carroll to discuss the subject
Planning Board and explain the problem to that
Upon motion duly made and seconded, it was voted
to adopt the following Orders for land acquisition
and construction of ways, awards of damages haying.
been determined by the Board in mxecutive Session,
earlier in the evening;
Relocate and lay oat as a town way the way
known as Skyview Road at Rangeway;
Columbus Street from Cedar Street a distance
of 600 feet, more or less, westerly;
Chase Avenue from Bennett Avenue a distance of
250 feet, more or less, southerly;
Bennett Avenue from Tarbell Avenue a distance
of 160 feet, more or less, westerly to Chase Avenue;
Melrose Avenue from Bow Street a distance of
400 feet, more or less, westerly to Cliffe Avenue.
Petition from the New England Telephone and Telegraph
Company for permission to locate a j/o pole on Waltham
Pole Street, southeasterly side, approximately 730 feet south -
location west of Worthen Road, was held over.
Mr. Carroll report,d the petitioner is requesting
a tree guy and he has had very bad experience with the
telephone company in removing tree guys once they were
put up. He recommended that the petition be denied and
the company told to try and get a guy wire on private
property.
et
alab
1
115
Upon motion duly made and seconded, it was voted
to deny the petition of the New England Telephone and
Telegraph Company for permi :,ion to locate a j/o pole
on Waltham Street, southeasterly side, approximately 730
feet southwest of Worthen Road and that the petitioner
be advised to try and arrange to place a guy wire on private
property.
The Chairman read a letter from Murray Dearborn,
on behalf of Grace Chapel, asking about plans for in-
stallation of lights on Worthen Road.
Mr. Carroll reported that last week he requested
the Boston Edison Company to give him a layout and op-
erating costs. The annual op rating cost to the Town Street
was $1,291. It would cost that much money to light lights
Worthen Road. He said he felt the Town could get by
with less lighting and he is going to contact the Boston
Edison Company and see if it will reduce the lighting and
get the cost down to $600 or $800.
The Chairman said he would advise Mr. Dearborn that
the Board is working on this and there should be street
lights installed shortly.
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.
Mr. Carroll retired.
Following discussion with the Board of Assessors,
they retired and Mr. Carroll returned to the meeting.
Following discussion pertaining to street orders,
Mr. Carroll retired, and the Board of Health met with
the Selectmen.
After a discussion relative to the B.L.Cummings
Milk Company, it was voted to resume the open meeting.
Mr. Leslie York met with the Board. He said the
TMHA has elected him Chairman and he wanted to say that
the group as a whole wants to keep the lines of communi-
cation open to all Boards, including the Board of Select-
men. He said, as Chairman, it is his purpose to strengthen
the organization itself as far as reaching the Town fleeting
Members is concerned. He will try to have every Town
Meeting Member not go to Town '`l:eting and not know What
the points are. The Town i'leeting members will be aware
there is a lot more to being a member than just sitting
on the floor and voting. He plans to have three precinct
meetings and a general meeting. The general meeting
will have nothing to do with what will b e coming up at
Town Meeting. It will be an educational program on the
Association's part. lie reported that he plans to have a
meeting the first•Wednesday of every month. The next
Executive
Session
116
meeting will be for the purpose of getting the committees
started. At a later meeting, he would like the Selectmen
to attend. Then there will be a meeting with the Moderator.
He said there may be one committee working on just getting
out information for Town "eeting.
Mr. York said the TMMA has a Treasurer. This is
not in the By -Laws and asked if the By -Laws could be
changed.
The Chairman explained these By -Laws were made by
the group and can be changed by the group. He also sug-
gested there are attorneys in the association who could
help.
Mr. York retired at 1-:02 P.M.
Mr. Legro stated he had prepared an Order of Taking
relating to the widening of Massachusetts Avenue, awarding
Mass. Ave. damages made by the Board, assessing no betterments and
widening giving the owners six months from the date of the order.
Upon motion duly made and seconded, it was voted
to execute the Order of Taking in .he following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
At a meeting of the Board of Selectmen of the Town of Lex-
ington held this 20th day of April, 1965, it is
ORDERED: WHEREAS, the Board of Selectmen of the Town of
Lexington, having determined and adjudged that common conte-.
venience and necessity require that a portion of Massa-
chusetts Avenue be altered and relocated as a highway from
a point 382 feet, more or less, southeasterly of Meriam
Street and extending southeasterly 235 feet, more or less,
and having complied with the requirements of law relative
to notice, and having received a report thereon from the
Planning Board of the Town, did on February 24, 1965, alter
and relocate as a highway Massachusetts Avenue from a point
382 feet, more or less, southeasterly of Meriam Street and
extending southeasterly 235 feet, more or less, as shown on
plan entitled "Plan of Alteration and Relocation of Massa-
chusetts Avenue, Lexington, Mass.", dated January 8, 1965,
by John J. Carroll, Town Engineer, to be recorded and regis-
tered herewith, and having duly filed the report of such
alteration and relocation with the boundaries and measure-
ments of the same with the Town Clerk on February 25, 1965; and
WHEREAS, at a Town Meeting duly called, warned and held on
the 15th day of March, 1965, namely at an adjourned session
thereof duly held on March 22, 1965, in accordance with the
provisions of law applicable thereto, it was
"VOTED: To accept the alteration and relocation of a
portion of Massachusetts Avenue from a point 382 feet, more
or less, southeasterly of Meriam Street and extending south-
easterly 235 feet, more or less, as altered and relocated
by the Selectmen and shown upon a plan on file in the office
W
310.
1
1
117
of the Town Clerk dated January 8, 1965, and to
authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; and
to appropriate for such land acquisition and for the
widening of Massachusetts Avenue as so altered and
relocated the sum of $250,000.00, of which $50,000.00
is to be raised in the current tax levy and the
balance of $200,000.00 is to be provided by the issue
of bonds or notes of the Town; and that the Treasurer,
with the approval of the Selectmen, be and she hereby
is authorized to borrow the sum of $200,000.00 and to
issue bonds or notes of the Town therefor, to be payable
in accordance with the provisions of Chapter 44 of the
General Laws, as amended, within a period not exceeding
ten years from their dates."
WHEREAS, the Board of Selectmen has determined that it
is necessary for the purposes of said alteration and relo-
cation of Massachusetts Avenue to acquire the land here-
inafter described;
NOW, THEREFORE, we the undersigned, being a majority
of the Board of Selectmen of said Town of Lexington, duly
elected, qualified and acting as such, do hereby, pursuant
to said vote and under and by virtue of the provisions of
Section 24 of Chapter 82 of the General Laws of Massachusetts
and the provisions of Chapter 79 of the General Laws of
Massachusetts, and all acts in amendment thereof and in
addition thereto, and of any and every other power and
authority us hereto in any way enabling, take in fee in the
name and on behalf of the Town of Lexington for street
purposes the following land situated in said Lexington
and bounded and described as follows:
Beginning at a point in the southeasterly boundary
line of land of Bessie G. Baker shown as Land Court Lot
2 on plans hereinafter mentioned, which point is North
32°48'00" East and distant 26.07 feet from the southerly
corner of said Land Court Lot 2; thence running North
56°10'42" West through said Land Court Lot 2 and through
Land Court Lot 1 on said plans, distant 119.99 feet to a
point in the common boundary lines between said Land
Court Lot 1 and Land of 1775 Realty Trust, Hugo R.
Maienza, James Stevens, Joseph A. Trani, Trustees on
said plans; thence turning and running North 54°28'00"
West through said 1775 Realty Trust land, distant 110.04
feet to a point in the southeasterly side line of Depot
Square on said plans; thence turning and running South
40°44100" West along said southeasterly side line of
Depot Square and the "County Layout Line of 1927" of
Massachusetts Avenue as shown on said plan, distant
26.21 feet to a point; thence turning and running South
54°28'00" East along the "County Layout Line of 1916" of
Massachusetts Avenue as shown on said plans, distant
140.92 feet to a point; thence turning and running South
56°43'00" East along said "County Layout Line of 1916",
118
distant 92.75 feet to a point; and thence turning and
running North 32°48'00" East, distant 26.07 feet to the
point of beginning; all as shown on plans entitled
"Plan of Alteration and Relocation of Massachusetts
Avenue, Lexington, Mass.", dated January 8, 1965, John
J. Carroll, Town Engineer, and "Plan of Land Showing
Proposed TakingsinLexington, Mass.", dated Janusny 8,
1965, John J. Carroll, Town Engineer, both of which
plans are to be recorded and registered herewith, the
land hereinabove described consisting of Parcels 1, 2
and 3 as shown on said plan entitled "Plan of Land
Showing Proposed Takings in Lexington, Mass.".
All trees, if any, upon said land and buildings and struc-
tures affixed thereto are expressly excluded from the taking,
and the owner or owners thereof shall remove the same within
six (6) months from the date of this order.
We award danages sustained by persons in their property by
reason of the taking hereby made as follows:
Registered Land
Certificate Damages
Owner Lot No. of Title No. Book Page Awarded
Bessie G. Baker 2 86116 560 166 $40,000.00
(Parcel 1,
2176 sq. ft)
Joseph Trani, Inc. 1 97890 619 140 $12,000.00
(Parcel 2,
1018 sq. ft. )
Unregistered Land
Damages
Owner Lot No. Awarded
Hugo R. hienza, James Stevens,
Joseph A. Trani, Trustees of
1775 Realty Trust Unnumbered
(Parcel 3,
2907 sq. ft.) $100,000.00
In so awarding damages we have awarded them to the supposed
owner of record of the land hereby taken as of the date hereof,
but if the name of the owner of any interest in said land is not
stated, or is not correctly stated, it is tc be understood that
such interest is owned by an owner or owners unknown to us and
in such case our award is made to the lawful owner or owners
thereof.
No betterments are to be assessed for the improvement tdr
which this taking is made.
1
1
1
119
WITNESS our hands and seals in said Lexington the day and
year first above written.
TOWN OF LEXINGTON
By
1/s/ Robert Cataldo
/s/ Levi G. Burnell
/s/ I. H. Mabee
/s/ George C. Sheldon
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. April 20, 1965
Then personally appeared Lincoln P. Cole, Jr., Levi G.
Burnell, Robert Cataldo, George C. Sheldon, and Irving H. Mabee,
known to me to be the duly elected, qualified and acting
Selectmen of the Town of Lexington, and acknowledged the fore-
going instrument to be their free act and deed and the free act
and deed of the Town of Lexington, before me,
Donald E. Legro
Notary Public
My commission expires: March 14, 1970
Mr. Legro said he had a continuation of the contract
with Blue Cross and the Board would probably want to vote
to have the Chairman authorized to execute it which will Blue Cross
eliminate the necessity for chang"ng the form. contract
Upon motion duly made and seconded, it was voted
to authorize the Chairman to execute the Continuation
Contract with Blue Cross as submitted by Town Counsel.
Mr. Legro said he had a contract between the Town
and the Commonwealth of Massachusetts relating to the
bituminous sidewalks on Waltham Street, the work to be
done by the State's contractor and paid for by the Town
under an appropriation made at the Special Town Meeting
held June 8, 1964.
Upon motion duly made and seconded, it was voted
to sign the contract as submitted by Town Counsel.
Sidewalks
120
Wire
Inspector
Dog
hearing
The Chairman read a letter from Mr. Jeremiah, Wire
Inspector, requesting permission to work for Brown and
Carpenter, contractor at the elementary school on
Middleby Road.
Upon motion duly made and seconded, it was voted
to grant Mr. Jeremiah permission to work for the electrical
contractor, Brown and Carpenter, doing the work on the
Middleby Road elementary school.
Upon motion duly made and seconded, it was voted
to appoint Wallace Cupp, substitute Wire Inspector to
inspect the electrical work on the Middleby Road elemen-
tary school, payment to be made from the Wire Inspector's
personal services budget.
Mr. Legro retired at 10:08 P.M.
Petition was received registering against a dog
owned by Mrs. Olive Berry, 519 Bedford Street. The
Chairman read a report of the investigation made by
Dog Officer Shaughnessy.
Upon motion duly made and seconded, it was voted
to hold a hearing on Monday, May 3, 1965, at 8:30 P.M.
in the Selectmen's Room, to determine whether or not
an Order should be issued concerning the restraint or
disposal of the dog as may be deemed necessary.
The Chairman read a letter from Miss McDonough,
Town Treasurer, in regard to the $165,000 Sewer Loan.
Upon motion duly made and seconded, it was voted
Borrowing to approve the issuance of three notes and to accept
the bid of 2.40% at 100.00 payable annually, submitted
by the New England Merchants National Bank.
Cert. of
Inc.
Upon motion duly made and seconded, it was voted
to certify the characters of the following individuals
who have applied to the State for Certificates of
Incorporations, satisfactory references having been
received from Acting Chief Corr:
J. B. S. Holmes, 14 Middle Street; Barron C. Watson,
79 North Street; Rosetta Watson, 79 North Street; all
residents of Lexington.
Upon motion duly made and seconded, it was voted
Licenses to renew the following licenses:
John Graham
John Corbett
Maribeth Leonardo
Colonial Store
Wardrobe's Pharm.
Robert Rockwell
47 Bedford Street
22 Bedford Street
27 Cottage Street
856 Mass. Avenue
807 Mass. Avenue
3 Graham Road
Guide
11
n
Sunday
rt
Autioneer
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
121
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation Executive
of any person. Session
Following discussion pertaining to an expenditure
from the Bridge Charitable Fund and appointments, it
was voted to resume the open meeting.
Mr. Legro retired at 10:50 P.M.
Upon motion duly made and seconded, it was voted
to reappoint Robe—t H. Farwell an Associate Member of
the Board of Appeals for a one-year term expiring March
31, 1966.
Upon motion duly made and seconded, it was voted
to reappoint Mr. William P. ritzgerald to the Board of
Fire Commissioners for a three-year term expiring May 1,
1968.
Upon motion duly made and seconded,
to reappoint Michael J. Shaughnessy, Dog
Dr. Howard A. Smith, Second Dog Officer,
terms expiring May 1, 1966.
Upon motion duly made and seconded,
to adjourn at 11.1c05 P.M.
A true record, Attest:
it was voted
Officer, and
for one-year
it was voted
Appointment
Appointment
Appointment
122
Jurors
Pole
location
Standpipe
paint
contract
Public
Facilities
Building
Contract
SELECTMENtS MEETING
April 26, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office. Building, on
Monday, April 26, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee 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.
At the request of the Town Clerk, the following
individuals were drawn for jury duty: Hugh McLeish,
LFI} Fair Oaks Drive, and James S. Dooley, 60 Taft Avenue.
Hearing was declared open upon petition of the.
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
j/o pole on Adams Street.
Mr. Serv:rson, representing the Boston Edison
Company, and Mr. 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 property listed on the petitionerst
plans and also filed with the Superintendent of Public
Works.
Mr. Serverson explained the companies desire to
relocate a pole to clear a driveway to a new residence.
Mr. Carroll said he had no objection.
The hearing was declared closed and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following j/o pole lo-
cation:
Adams Street, southeasterly side, approximately 350 feet
southwest of Meriam Street, --
One (1) pole.
(One existing j/o;."pole to be removed.)
Mr. Legro reported he
Town and George F. Burgess
standpipe.
Upon motion duly made
to execute the contract as
had the contracts between the
, Hingham, for painting the
and seconded, it was voted
submitted by Mr. Legro.
The Chairman said the Board had the matter of the
Public Facilities Building to annsider.
Mr. Leslie York, Chairman of the Committee, and
Mr. Harry Erickson, architect, met with the Board.
Mr. York said he believed everything was in order
to award the bid to the lowest bidder. He advised the
committee had received a letter from the Historic Dis-
123
tricts Commission giving approval of .the building as
planned. The Commission wishes to review the subject
within eighteen months after completion to see if. it
feels there should beblinds on the building. He ex-
plained the building was approved to the definite posi-
tion on the plans which the Board of Selectmen saw last
week.
The Chairman asked who the low bidder was and the
amount.
Mr. York stated Frank Chiavarini, with a bid of
$500540.00.
Mr. Legro advised that the bid has been signed as
F. Chiavarini Construction, Inc., and said he knew of
no reason why the contract should not be awarded.
.A certificate of appropriatenes- was issued by
the Historic Districts Commission for the erection of
the building on the Buckman Tavern Grounds which is within
the Battle Green District.
Upon motion duly made and secondea, it was voted to
award the contract for the construction of the Public
Facilities Building to F. Chiavarini Construction, Inc.,
the low bidder, in the amount of $50,510.00.
A certificate of appropriateness was received from Cert. of
the Historic Districts Commission for the erection and Approp.
display of two signs within the Battle Green District.
Mr. Dunn, representing the New England Telepnone and
Telegraph Company, referred to petition for location of
one pole on Waltham Street, which was denied by the Board
last week. He said he understood the objection was be-
cause itw as going to call for a tree guy. He reported
some company eingineers went to the location today with
Mr. Mazerall and it was determined that a guy would not
be needed. He said all the company needs is a relocation
of the pole.
Mr. Carroll said he had no objection.
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 on Waltham Street:
Waltham Street, southeasterly side, approxi-
mately 730 feet southwest of
Worthen Road, --
(One (1) pole
(One existing JO pole to be removed.)
Messrs. Dunn and Serverson retired at 7:50 P.M.
Mr. Carroll said the first item he had was the
Concord Avenue slope easements and stated he wc(uld like
the Board to make a taking of the slope easements as Concord Ave
shown on plan entitled "Plan of Slope Easements, Concord slope
Avenue, Lexington, Mass. Dec. 21, 1961", from Waltham easements
Street to lot #93 Concord Avenue. He reported a_praisals
of damages had been received and submitted to Mr. Legro.
124
Upon motion duly made and seconded, it wes voted
to authorize Town Counsel to prepare the Order of Taking
of slope easements on Concord Avenue.
Mr. Carroll referred to Sunday, May 30, a holiday,
Dump and stated he planned to send a notice to the local
closing newspaper advising that the dump will be closed Sunday,
May 30, and will be open Monday, May 31.
Mr. Carroll gave a verbal report in regard to the
life expectancy of the Hartwell Avenue Sanitary Land
Fill and stated that a tentative conclusion could be
Sanitary drawn that the Town has sufficient space for abrut fifteen
Land Fill years.
Mr. Cataldo asked about the proposed exchange of
land with Cabot, Cabot & Forbes.
The Chairman asked Mr. Carroll to review everything
that has been done to date and submit the information to
the Board next Monday.
The Chairman asked Mr. Carroll how he was making out
with the traffic light at the Fire Station.
Mr. Carroll explained that a letter had been written
to the State Department of Public Works and the local
office has already approved a green arrow onto Worthen
Traffic Road for traffic coming south. It also approved it so
there will be a permanent green light on the traffic going
north on Bedford Street. The only time that light will
change is when there is a fire and it will change to red.
Requests were received from Issac Blair & Co., Inc.
for permission to move a house from 8 Cambridge -Concord
Turnpike to 19 Webster Road and a garage from 16 Bowman
Permits Street to 17 Lawrence Lane.
Mr. Carroll reported no objection.
Upon motion duly made and seconded, it was voted
to grant Issac Blair & Co., Inc., permission to move a
house and garage subject to the usual conditions.
The Chairman read a letter from Mr. Carroll relative
Job classi- to proposed job descriptions for positions in which the
fication Board approved changes of classification, effective •
April 1.
Each member of the Board was given a copy of the new
descriptions; the subject to be considered at the next
meeting.
Letter was received from the Board of Selectmen of
Bedford, together with a letter from the Bedford Conser-
vation Commission, concerning the problem of sea gulls
Gulls and at the sanitary land fill area.
Bedford The Chairman stated Bedford raises the question
water that the material being used at the dump affects the
water going into the Shawsheen River
125
Mr. Carroll reported that Mr. F;fip eran, Director of
Public Health, has taken samples of/waterand made tests
and says the water is no more polluted than ordinary
swamp water. Mr. Carroll said he did not think there
was any pollution from anything being put on the dump.
Mr. Mabee asked if Mr. Finneran had made any tests Dump
since the Town started putting oil on the dump, and Mr.
Carroll replied he did not know. He said he thought
the use of oil was going to be discontinued.
It was agreed that the Chairman and Mr. Carroll
would reply tb the letter from the Bedford Selectmen.
The Chairman stated the Board had neglected, in the
past, to classify the members of the Conservation Commission.
Mr. Legro said he thought classification of special
here conforms to the policy the Board adopted originally.
Mr. Cataldo said anyone who negotiates for the Town
is not a special employee and that is what the members
of the Conservation Commission are doing.
Mr. Legro mentioned that the Fire Commissioners are Classi-
classified as regular employees. Anyone doing business fications
for the Town is a regular employee and anyone negotiating
for the Town should be classified as regular.
The Chairman said the Board felt that anyone repre-
senting the Town and negotiating should be classified as
regular employees.
Mr. Legro said there are a great many areas in which
the special are given exemption.
Mr. Sheldon said he thought the members of the Con-
servation Commission should be classified the same as the
School Sites and Planning Bosrd.
The Chairman asked if people negotiating for the Town
should be classified as regular or special and should the
Board review the other individuals.
Mr. Legro explained the basis on which the Board of
Selectmen, School Coiruuittee and Fire Commissioners were
classified was that they brought a substantial amount of
goods and services. The Board took into account a number
of considerations and that was one of them.
Mr. Cataldo said he thought the Commission should be
regular the same as the School Committee and School Sites
Committee. He moved that the members of the Conservation
Committee be classified as Regular• Town Employees.
Mr. Mabee suggested reviewing the entire subject and
said if the Board warn going to classify the members of the
Conservation Commission as Regular Town Employees, the
Board should be consistent and a review should be made.
Mr. Burnell suggested a review first and then a de-
cision relative to the members of the Conservation Com-
mission.
Mr. Legro said the Board is leaving them regular
employees.
The Chairman said it was t he sense of the Board to
delay a decision on the classification of the Conservation
Commission for one. week, at wh'ch time it will review all
classifications of the varic.us committees in the same category.
126
et
atro
The Chairman read a letter from the Conservation Com-
mission notifying the Board that there is a vacancy on
Conser- the Commission which occurred upon resignation of Mr.
vation Comm. William Richey.
vacancy The Chairman said in the meantime there is a three-
year appointment open.. He reported he followed the
Board's wishes and contacted all concerned. There is
now a three-year appointment open.
Motion was made to appoint Mr. Jules P. Sussman to
Appointment the Conservation Commission for a three-year term.
to Conser- Mr. Cataldo advised that the Board should rescind
vation Comm. its vote appointing Mr. Garrity.
Upon motion duly made and seconded, it was voted
to rescind the vote of April 12, 1965 appointing Mr.
John J. Garrity to the Lexington Conservation Comrlissio n
for a three-year term.
Upon motion duly made and seconded, it was voted
to reappoint Mr. Jules P. Sussman to the Lexington Con-
servation Commission for a three-year term expiring
March 31, 1968.
Mr. Cataldo was recorded in opposition to both votes.
The Chairman was also recorded in opposition.
The Chairman read a lett<:r from the Conservation
Commission requesting a joint meeting for the purpose
Joint of filling the vacancy which exists on the Commission.
meeting It was agreed to held the requested meeting on
Monday, May 3, 1965, at 9:00 P.M.
Mr. A. Morris Kobrick, attorney, representing the
Ledgelawn Construction Company, met with the Board.
Mr. Kobrick stated he had taken the liberty of add-
ing a few marks on a sketch recently prepared, not by
him, regarding the parcel of land his client owns at
the northwesterly corner of Lowell and Woburn Street.
Laconia St. He said this was recently subject to action of the Town
development Meeting on the subject of whether it could be rezoned,
but Town Meeting voted to retain the existing zone. He
said he felt it wculd not be geed to hold this land and
they are now thinking about developing it fairly promptly.
The manner in which it will be developed is whether they'
will develop it on each of two lots or whether it can
be treated as a single parcel and developed as a unit
He said they feel the public interest and community
parallel around closing old Laconia Street which is
not a street. It has a history, but not much use.
If it were to become a travelled way, it would not help
the busy traffic pattern at Lowell and Woburn Streets.
He said the closing of Laconia Street would pose some
problems. Some years ago, he asked the then Town
Counsel, Mr. Stevens, who talked to some of the Boards
and informed him that the Planning Board, Police and
Fire Departments all felt it would be desirable to
close it. The Town Engineer, mr. Carroll, expressed
at that time there was a water main located which
would have to be moved. Mr. Kobrick said he believed
this could be accomplished without any expense to the
12
Town. He said whatever problems existing, of a tech-
nical nature, could be worked out with Town Counsel
and he would move that water main to whatever location
Mr. Carroll wanted it. ne said he was asking the
Selectmen to consider affirmative action by the Town
to bring about the closing of this segment of Laconia
Street. He said a way between two developed lots
would bring in more traffic, or eliminate it and have
a single lot. He said right now the zoning is C-1.
The Chairman asked if Laconia Street was a public
way.
Mr. Legro replied in the negative, and explained it
was laid out by the County Commissioners and abandoned
as a County Way in 1875, in which abandonment the County
Commissioners reserved the rights of private individuals
over the way. He stated they left it in a very dubious
position as far as the rights the Town has to have it
closed are concerned. He said he thought the Town has
no right to interfere with it.
Mr. Kobrick said he agreed in terms of a routine
closing of a public street, but he thought the results
could be accomplished by a taking. He said the people
own Laconia Street and could say he had a right of way.
There is an alternative route which he marked c.n the
sketch as letter A. ne stated the area A is private
property. It is paved but in fact not used. The
rights of way exist through his client's locus but are
not used there. he said the traffic swings across to
Lowell Street. He said in his deed the grantors, who
purchased from the owners of parcel A, acquired the
right that the owners of that parcel indicated that
locus as a Town way. He said he was in a position to
provide, at no cost to the Town, an alternate route.
The owners of parcel A are in the position where they
can close it off. He thought this could be accomplished
by a taking of the rights and the provision of the alter-
nate route as a right these people have. He said the
owners of the property would benefit from this change and
he would expect to protect the Town from any expense, in-
cluding legal expenses. He said he suggested it could be
accomplished without cost to the Town, and his client
would be prepared to pay any expenses involved.
The Chairman asked if it would include the way out
to Lowell Street, and Mr. Kobrick replied in the affirma-
tive.
Mr. Sheldon asked if Town Counsel felt the second
suggestion, by doing this by a taking, would change
his mind.
Mr. Legro replied in the negative and advised he
did not think the Town has a right to make a taking for
private uses. He s.:id Mr. Kobrick's client owns the
fee. There are some sort of remaining rights of use
in some unknown group of people. He said he did not
think the Town could take those rights away from those
128
people for Mr. Kobrick's purpose. He stated he thought
there was no power of eminent domain by which the Town
can take those rights away from people for the benefit
of other people. He said, however, the Town could make
a taking to establish a way.
Mr. Kobrick said he must agree except on the question
of whether that is a public purpose. He said the power
of eminent domain could not be exercised for a private
benefit, but he finds a public purpose here in eliminating
a traffic hazard. He said he would like to ask that this
matter be studied further, and this comes up to Mr. Legro
on a short notice.
The Chairman suggested that the original approach
should be to the County Commissioners.
Mr. Sheldon asked if the first step wouldn't be
to see if the Planning Board, Fire Commissioners, Public
Works and Police favor doing anything. If the answer
is no, that is the end of it. If they are in favor,
it is a case of how to proceed.
The Chairman said he was assuming they are in favor.
Mr. Cataldo asked if the Town had an easement for a
water main, and Mr. Carroll replied he did not think so.
Mr. Legro said Mr. Carroll means the Town does not
have a written easement. He stated approaching the
County Commissioners was a thought he had. They abandoned
or discontinued a County way and have not completed it. He
explained it might be within the jurisdiction of the County
Commissioners to complete the discontinuance.
The Chairman said it would seem to him that the
County Commissioners should be approached first to see
if they can eliminate the legal block. In the meantime,
the Board can find out how the other Town boards feel.
Mr. Legro said he would like to ask Mr. Kobrick
if he looked into the question of who might be the people
who have the rights.
Mr. Kobrick replied he tried to determine that. As
nearly as he can answer it is, if anyone has the rights,
it is those who abut Laconia Street some distance up. It
is not clear to him.
Mr. Legro said it could be people who acquired rights
over the years and the County Commissioners saved them for
them.
Mr. Kobrick said he would like to reread the instru-
ment in his file. He thought they were saying they were
not by issuing the abandonment order, purporting to
take away any private passageway.
Mr. Legro advised there could be a claim of damages
for discontinuance of a way and it looked to him that
the County Commissioners were trying to save themselves
from those claims for damages.
Mr. Cataldo asked if the Town would have any juris-
diction if Mr. Kobrick went to the County Commissioners
and obtained any relief.
Mr. Legro replied his understanding at the moment is
he would think not.
The Chairman said if it is closed by the County Com-
missioners, the Town would have nothing to do with it.
GJ
ct
att
1
Mr. Cataldo said if Mr. Kobrick obtained relief from
the County Commissioners, he would not have to come to
the Selectmen.
Mr. Kobrick said he would suggest that he could go
into these legal technicalities with Mr. Legro.
The Chairman asked if he would be willing to con-
tact the County Commissioners, and Mr. Kobrick replied
he would do both, but he doubted if the County Commissioners
will have anything to say about it. It will then become a
matter for the Town of Lexington.
The Chairman stated the determination will have to be
made•as to who has these rights reserved for them.
Mr. Kobrick said not necessarily, if the Town has the
right to act under the power of eminent domain to elimi-
nate a traffic hazard, the taking could be made in the
usual way. He said if anyone wants to be paid for the
taking, he would be prepared to meet any of those claims.
The Chairman suggested that Mr. Kobrick get together
with Town Counsel and follow this up with the County
Commissioners.
Mr. Legro said he would suggest that Mr. Kobrick
suggest to him the purpose for which the land is being
taken by eminent domain.
Mr. Kobrick retired at 8.35 P.M.
Mr. Robert Kent, Town Moderator, met with the Board.
Mr. hent said he assumed he was present on the sub-
ject of committee appointments.
The Chairman said some involve the Moderator, Chair-
man of the Board of Selectmen and Chairman of the Appropri-
ation Committee; others involve the Moderator, Chairman or
the Appropriation Committee and School Committee. He said
if Mr. Kent wanted to start off with the appointments con-
cerning him, Chairman of the Board and Chairman of the
Appropriation Committee, Mr. Blaisdell being present, he
could do so.
Mr. Kent said there are three appointments tot he
Appropriation Committee for the coming year.
The Chairman said it was his understanding that Mr.
Battin does not want to continue and Mr. Parrish is will-
ing to continue. Mr. Fifield has resigned and Mr. Clark
does not wish to continue.
Mr. Blaisdell said it was his understanding Mr. Clark
would continue. He said he would be in favor of con-
tinuing with i"ir. larrish, but he would like to discuss
these appointments privately.
Mr. Sheldon said these are three -men appointments
and the Board of Selectmen does not belong here.
The Chairman explained it is his intention to keep
his Board informed.
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.
129
Appoint-
ments
Executive
Session
130
Following discussion pertaining to appointments and
discussion with Town Counsel pertaining to legal matters,
it was voted to resume the open meeting.
Mr. Frank Samuels and two other gentlemen met with
the Board.
Mr. Samuels said they have a sewer problem on Burnham
Road. `le referred to the petition sent to the Board in
August, 1963, which was acknowledged and referred to the
Board of Health. He stated the people have not reported
every time they had a problem in the street and did not
know it was necessary to filea petition every year. He
said Mr. .6elson had an overflowing cesspool and he had
had his pumped out for the third time this year. He said
he has been using the A.A.Cesspool Co. and when the acid
was put in last week, they said the best they could guaran-
tee was a.50-50 chance.
The Chairman asked if all means at his disposal had
been exhausted.
Mr. Samuels replied that the man doing the work said
if it did not work he will have to make another leaching
bed but it is up hill.
Mr. Carroll reported that he was familiar with the
solution to the sewer in the area and the petition has
come in a couple of years. He explained to solve it
would require putting in a pumping station down on North
Street near Vine Brook and a gravity sewer which would
run along Vine Brook from.Emerson Road to North Street.
The upper end would go up Emerson Road to Burnham Road
then to East Street. That would solve the particular
problem. He said the most of it would be a trunk from
Emerson Road down Vine Brook to North Street where a
pumping station would have to be built. The sewage
would have to be pumped back. He said the total cost
just to serve Burnham Road itself would be somewhere
in the vicinity of $100,000.00.
Mr. Sheldon asked what that would do for the rest
oft he area.
Mr. Carroll said laterals would be extended which
would eventually take care of Burnham Farms.
Mr. Samuels said he knew there were.problems on
Thoreau Road. ne can go down five feet and it is still
clay. He said he checked with the Board of Health
and every system was approved in 1958 or "1959.
Mr. Samuels raised a uuestion to Mr. Carroll through
the Board, someone mentioned certain towns in a small
area a manhole with a small pump will take care of some
houses.
The Chairman asked where it pumped to.
Mr. Samuels replied to the nearest main.
Mr. Carroll said that would be a very impractical
solution; eventually the whole area hasto be served.
He said that definitely would not be a solution and there
should be the basic facilities to serve the whole area.
f
131
e.
One of .the ,gentlemen asked Plow many families the
'S00 wv.a. tre.
:Qarrol2 replied it would serve the Millbrook Road,
art of # ns,.Street and part of North Street. He said
Fit; would .puttip( back towards ,the Fiske School. There are
a _couple of different ways the force main could go.
.The Chairman asked about. the time element in the
solution. ' . .
Mr.. Carroll recalled that the Board has already
told._the people on Winter Street there would be a pumping
'station there next..ye_,r and laterals. He said the
Board just talked about the trunk last year and it may
.be $150,000 up there. Then there is the Woburn Street -
Young Street area. Including the Burnham Farms these
are t he most critical areas. He said the Board also
discussed the trunk sewer to the Burlington Street area,
$38.,200 just for the trunk sewer. There are two or three
of these areas that want it.
Mr. Samuels asked about floating a bond issue and
'saidt he Beard of Health could force the issue.
The Chairman said the Board of Health works both
ways. It works on the people to do everything they can.
The Chairman said the earliest, timewise, would be
the next Annual -Town 1`leeting.
Mr. Carroll said he is now working on the force main
and two sewer contracts this year. The earliest time
would be the next Annual Town eeting. He said money
could be appropriated ahead of time at a fall Town Meet-
ing for engineering work.
One of the gentlemen asked if there was money in
the Excess and Deficiency Account that could be used.
Mr. Carroll explained it would have to be appropri-
ated by Town Meeting.
Mr. Samuels asked how much it would cost for engi-
neering.
Mr. Carroll said that depends on whether the Board
wants to do one of these areas eV all five.
Mr. Samuels asked if there was any chance of get-
ting the engineering in the June Town Fleeting.
The Chairman replied chances are nil on that.
Mr. Carroll explained even if funds were made
available for engineering at the June meeting, it would
not be possible to have the engineering work done until
fall.
Mr. Carroll suggested that the Board of Health
should go into every house in the area and the people
talked to rather than go by records of complaints.
The Chairman said the Selectmen would ask the Board
of Health to make a survey and investigate the area.
Mr. Carroll advised that the survey should not be
limited to that one area, it should include the other
areas.
Mr. Sheldon asked about the percentage of houses
served by sanitary sewers when this yearts projects
are completed.
132
Cil
Mr. Carroll said on the number of houses it would
be over 60%.
Mr. Sheldon said the petition for sewer in Burnham
Road should be brought up to date.
The Chairman said the Board of Selectmen would pursue
this with the Board of Wealth and there is t he possibility
engineering will be done, including the other areas.
The group retired at 9:38 P.M.
Messrs. Legro and Carroll also retired.
Letter was: received from Alan Wade, together with
Kennedy copy of letter he received from Senator Robert F. Kennedy
Library relative to the location of the Kennedy Memorial Library.
The Chairman read a letter from Raymond E. Borden,
42 Reed Street, complaining about the ccndition in which
his neighbor's property is kept.
Complaint Letter was received from Mr. Irwin, Building In-
spector, who made an inspection, advising that there
is no violation of the Building or Zoning By -Laws.
It was agreed to advise Mr. Borden that the Board
of Selectmen has no right or authority to do anything
about his neighbor's yard, and sugjested that this is
a situation that may be solved on a neighborhood basis.
The Chairman read a letter from Mr. Irwin, Building
Inspector, advising that he would like to take his three
weeks' vacation one or two days at a time, and arrange
Vacation to have Mr. iiichard Soule cover the required inspections
during his absence.
Upon motion duly made and seconded, it was voted
to approve Mr. Irwin's vacation arrangements.
Request was received from the United Fund of
Greater Boston for the appointment of a Municipal Chair -
United man to direct the campaign among municipal employees.
Fund Upon motion duly made and seconded, it was voted
to appoint Mr. Maurice D. Healy.
Letter was received from the New England Needs
Northeast Committee together with protest form per -
Northeast tainng to a movement in Washington, D.C. to revoke
Airlines the Florida franchise of Northeast Airlines.
The members of the Board had no objection, and -
signed the form.
Ambulance
bill abated
The Chairman read a letter from Mrs. Alfred
Assetta, 964 Massachusetts Avenue, relative to an
ambulance bill.
Upon motion duly made and seconded, it was voted
to abate the ambulance bill in the amount of $12.00.
Upon motion duly made and seconded, it was voted
to approve continuation certificate, Bond 632130, in
the amount of $1,000 on behalf of the Executive Clerk
to the Board.
Bond
4.33
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Mental Health Use of
Association to use Estabrook Hall on May 5, 1965 for hall
a business working and panel program, free of charge.
Upon motion duly made and seconded, it was voted
to grant a commercial Dump Permit to Henry B. Russell Dump Permit
& Sons, Inc., Cambridge. This firm collects from
System Development Corporation.
Upon motion duly made and seconded, it was voted
to renew Public Carriage License for the Minute Man Licenses
Cab Co. and a Sunday Sales License for the Town Line
Pharmacy.
Minutes
Upon motion duly made and seconded, it was voted
to approve the minutesc.of the Selectmen's Meetings
held on April 12 and April 20.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driv r License to r'enneth Blodgett, License
1 Ballard Terrace.
The Chairman reported that a request had been
received from the School Sites Committee for the in-
sertion of an article in the warrant for the June
Town Meeting, relative to acquisition of a parcel of
land situated on and off Marrett Road.
Upon motion duly made and seconded, it was voted
to insert the article.
Mr. Cataldo abstained from voting.
Petition was received, signed by eleven registered
voters, for the insertion of an article in the warrant
for the June 7, 1965 Town Meeting requesting a change
in zoning.
The Chairman advised that the petitioner will have
to be advised that the article will not be inserted due
to the fact the signatures of 100 registered voters are
required for the insertion of an article in the warrant
for a Special Town Meeting.
Mr. Gray reported that Mr. Graziano came in last
week in regard to some property he owns on Philomen
Street. He said this involves many questions and has
been submitted to Town Counsel. He said it goes back
to 1952 and there is further information to be obtained.
He said he told Mr. Graziano he would report to the
Board and would call him and his attorney.
Article
Article
Tax Title
134
Mr. Gray reported Mr. Nyren, Director of Cary Mem-
orial Library, had sent him a bill from the L.W.Bills
Transfer Company in the amount of $783.50 for installation of
overhead wires from Muzzey Street over Raymond Street
to the library. He said the only source of funds he
knew of was the Reserve Fund.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum,of $783.50 from the Reserve Fund to the Cary Mem-
orial Library - Expenses Account.
Mr. Gray reported he received a telephone call
from Mr. Douglas Ross who asked the Board to insert an article
in the warrant for the Annual Town Meeting pertaining to
Article an exchange of land. Now he wants an article inserted
in the June Town Meeting. He said criginally the Board
questioned whetherthere was any advantage to the Town.
He said Mr. Ross would be willing to discuss the subject
with the Board.
The Chairman said this would be a Selectmen's article
if it is inserted.
Mr. Sheldon questioned whether or not there is suf-
ficient time to thoroughly investigate the proposed ex-
change of land.
Mr. Burnell said this is obviously more than just
a fair exchange of land.
Mr. Sheldon explained if this is a Selectmen's
article, the Board should have complete information
to present to Town Meeting and said he would prefer
to wait until a fall Town Meeting. He suggested that
Mr. Gray advise Mr. Ross that the Board would like to
discuss the subject with him at some length and for
that reason time does not permit it to act on the
matter at the June Meeting.
Mr. Gray said if the Board is going to talk dollars
and cents, he would have an appraisal made first.
Mr. Catldo recommended that no funds be spent
for an appraisal if Mr. Ross is not willing to pay
more than the S50 he has offered.
Mr. Gray reported that Anthony LaRocco asked
some time ago to purchase some tax title property.
Tax title In the meantime, he has been looking for a piece of
property and found a lot on Grapevine Avenue, 50' x 314'
which the Town sold to William J. Gibbs who has now left
the country. Mr. LaRocco would purchase this from Mr.
Gibbs but when the Town sold it to Gibbs, a restriction
was included in the deed. Mr. LaRocco wants to know if
the Board will lift the restriction so he can build on
this lot.
The Chairman suggested that Mr. Gray check with the
Planning Board to f ind out whether or not it recommends
removing the restriction.
135
Mr. Gray stated that Mr. Donald Irwin, Building In-
spector, had requested the Board consider selling him
some tax title lots, 50 and 51, on Hillside Avenue.
At the time the Board held up because Bruce Road was Tax title
not accepted and laid out. This was done at the last
Town Meeting and Bruce Road_is now an accepted street.
Mr. Irwin is resubmitting his request for the Board to
consider selling him these two lots, to be combined into
one building lot facing Bruce Road.
Mr. Gray said Mr. Irwin offered $400 and he would
have an appraisal made.
Mr. Cataldo said he would not consider the sale of
these lots for the amount offered.
The question of conflict of interest was raised,
and Mr. Grey was requested to discussthe subject with
Town Counsel.
Upon motion duly made and seconded, it was voted
to adjourn at 10:10 P.M.
A true record, Attest:
//
avec ive�Cler , Select,iien
r
iib
Articles
for Town
Meeting
June
SELECTMEN'S MEETING
May 3, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, May 3, 1965, at 7:30 P.M. Chairman Cole, Messrs.
Burnell, Cataldo, Sheloon and Mabee were present. Mr.
Legro, Tcwn Counsel, Mr. Gray, Executive Assistant, Mr.
Carroll, Superintendent of Public Works, and Miss Murray,
Executive Clerk, were also present.
Mr. Legro said he wculd like tc discuss the articles
for the June 7 Town Meeting Warrant, and stated he had an
article for abandonment of a sewer easement and temporary
construction easements in the Evangelical Covenant Church
of Cambridge and, the land of Anthony R. Cataldo, formerly
land of Swenson.
in Mr. Legro said he had an article to authorize acqui-
sition of a school site off Marrett Road, and an article
for the Lidberg property on Adams Street.
The Chairman said the Board received a letter April
29 from the Planning Board requesting four articles, and
the warrant closed April 26.
Mr. Carroll reported that the Planning Board is
having a study made on the Lidberg land.
The Chairman said that the article on Barrymeade
Drive would require a hearing according to Town Counsel.
Mr. Carroll said there is a cul-de-sac on Barrymeade
Drive whichshould be wiped out.
The Chairman said he would take the articles one at
a time.
Mr. Cataldo asked what difference that would make;
the Board would be denying them for a specific reason.
The Chairman said notice was received on two of the
articles, and Barrymeade Drive is one of them.
Mr. Cataldo said that would be out reardless; there
would have to b e two articles and there is not enough time.
Mr. Legro said there would be two articles.
The Chairman asked if Barrymeade Drive could be done.
Mr. Legro replied it could as far as he was concerned
and it can as far asthe Selectmen are concerned if they
give seven days' notice to the owners and file a report with
Town Clerk.
Mr. Carroll said it involves a plan and he did not know
what it involves in the field.
Mr. Legro advised that the plan should be filed prior
to the notice as the people coming to the hearing should
be given an opportunity to look at it. He said the hearing
could be held May 24.
Upon motion duly made and seconded, it was voted
not to include the Planning Board articles on the Lidberg
and Castoldi land.
Ca
1
137
Upon motion duly made and seconded, it was voted
to include the Planning Board article to change the name
of Franklin Avenue, Town Counsel having received notice
of the article beforethe warrant closed.
Mr. Gray left the meeting to advise the Planning
Board that the Lidberg and Castoldi articles would not
be included in the warrant.
Upon motion duly made and seconded, it was voted
to include an article on Barrymeade Drive, the Board
feeling it would be in the best interest of the Town
to have it in the June Town Meeting.
Mr. Legro said, with reference to the Lidberg pro-
perty, he did know about it.
The Chairman asked if the Planning Board specifi-
cally requested it.
Mr. Legro replied in the negative and explained that
the Planning Board did ask him to prepare an extension of
the option.
The Planning Board came into the Selectmen's Meeting.
Mr. Bryson said he thought the Lidberg and Castoldi
articles were very important to the Town. They were
put at the end of the last Town Meeting and everyone was
tired and the articles were turned down. He said these
are important issues and the Planning Board is holding
an information meeting on the 19th concerning Everson
Road which would all be in vain if these two articles are
not in the warrant. He explained they were voted on the
night of April 26 and he was under the impression it was
going to be sent to the Selectmen right away.
The Chairman said he hoped the Planning Board could
understand the Selectmen's position in closing the warrant;
it has to draw the line some place and the Board feels suf-
ficient notice had been given.
Mr. Bryson said he should think if the Selectmen gave
consideration anywhere, it would givo it to another Board
in the Town.
The Chairman agreed and said the Selectmen decided
there comes a time when the Board dons have to enforce
whatever rulings it has made. However, if the Board
wanted to change its mind, all right and good.
Mr. Bryson explained that the Planning Board is spend-
ing $500 of the Town's money in vain and will lose the
chancp3, of acquiring the Lidberg property.
Fowle asked.;the Board to explain what makes it
difficult to get these articles in the warrant, whether it
was a matter of principle or a matter of difficulty.
The Chairman explained that the Board had made up
its mind, when it set the closing date for the warrant,
that it would close it that date.
Mr. Fowle said the Board said this to itself and
never told the Planning Board.
The Chairman said Mr. Fowle would find notice had
been given.
138
Mr. Greeley said the Selectmen hive spoiled the
Planning Board in the past, that it did not have to
meet the deadline and should have let the Planning Board
know they meant it.
Mr. Sheldon said there is another consideration here
and he thought it would be poor strategy tobring these
up in such a short time, but this was nit why they were
turned down. He said, as an individual, he was saying
unless the Board does all the things that are necessary,
these articles may pass at a fall Town Meeting, having
been discussed with enough people and properly explained.
He said he did feel if they were brought up at the June
Meeting, they would be. lost.
Mr. Fowle said that was somewhat -irrelevant.
Mr. Sheldon explained he was only saying to the Plan—
ning Board, if it wants to win, don't bring these up until
the proper groundwork has been done.
Mr. Campbell asked if the Planning Board shouldntt
be the one to take the chance.
Mr. Bryson said he hoped the Board would reconsider.
Mr. Mabee said he would be agreeable to reconsider,
having been on the Planning Board himself, it does oper—
ate on the idea that when the Selectmen say the Warrant
is closed, they dontt mean it. He said, as a matter of
opinion, he did not think a consultant for $500 was going
to sell this. He said he was with the Planning Board,
believed it, but did not think it could be done.
Mr. Bryson said he was willing to sell it or forget
it. There is an information meeting planned to which
Town Meeting members will be invited. He asked if the
Selectmen thought it was worth losing the Lidberg and
Castaldi properties.
Mr. Mabee asked how long thloption went.
Mr. Legro replied August 2.
Mr. Sheldon s'=id he would be willing to.spend a little
more money and wait until a fall Town Fleeting.
Mr. Fowle said the Planning Board is prepared to assume
the responsiiility that it will be difficult to sell the
article.
Mr. Sheldon advised that the entire concept of
Emerson Road has to be sold and the Selectmen are in favor.
Mr. Bryson said one of the reasons the Planning Board
has had difficulty is that the articles are always at the
end of the warrant. He said these articles are already
written.
Mr. Cataldo said they are all written and it should
have been that much easier for the Planning Board to get
them in on time.
Mr. Greeley said the Selectmen sent what normally
would have been enough notice but the Planning Board did
not meet that week and therefore did not receive the
notice until April 26.
139
Mr. Mabee said he thcught the Board had really adopted
a policy of enforcing the terms, but he would change his
vote.
Mr. Legro explained many times announcements come
that a Board would like an article about something in
very general terms, and very often it is something that
requires a lot of preliminary work. Long after the
warrant closes, the work has not been done and that is
where the real difficulty is. He said he could see no
problem at the moment on these two articles.
Mr. Bryson said there is no great rush on Barrymeade
Drive.
Mr. Carroll said he had advised the Selectmen that
the preliminary plan had been submitted by Mr. Sullivan
and there is nothing that can stop him from filing again.
The Chairman explained it is in the best interest
of the Town to include Barrymeade in this meeting.
Mr. Zaleski explained the developer will not go ahead
with he subdivision until he knows how the Town is going.
He could submit a different plan, emptying onto Marrett
Road which is whatthe Planning Board does not want.
Motion was made and seconded to rescind the previous
vote of the Board by which the Board voted not to include
articles in the warrant for the June 7, 1965 Town Meeting
on the Lidbergand Castoldi properties.
Messrs. heldon, Cataldo and Cole were recorded in
opposition and the vote was, therefore, lost.
Mr. Lzgro referred to the acquisition of land for a
school site off Marrett Road and asked if there would be
an appropriation. he said he thought there would be
difficulty in building a street through conservation land.
Upon motion duly made and seconded, it was voted to
authorize Mr. Legro to prepare an article so that the Town
will have the authority to construct a road across the
easterly toe of the land the Town was authorized to acquire
by vote of Town Meeting in March, 1965. The strip will be
approximately 150 feet.
Mr. Cataldo abstained from all discussion and voting.
Hearing wus declared open upon written complaint Berry dog
of Mrs. R. H. Wilhelm, Jr., 10 Winter Street, and others, hearing
against a dog owned by Mrs. Olive Berry, 519 Bedford
Street.
All perscns present at the herin desiring to give
evidence stood, raised their right hands and swore that
the evidence to be given in this case would be the truth,
the whole truth and nothing but the truth.
Dog Officer, Michael Shaughnessy, was present.
The Chairman stated that notices of the hearing had
been sent to all interested parties, and read the peti-
tion received by the Board.
Officer Shaughnessy reported that he had contacted
Mrs. Wilhelm last week and she planned to attend the hear-
ing, but at the moment was not present.
He stated that in 196L., plus five times this year,
on complaints of residents in the area of Winter Street,
140
he made investigations as stated in his letter to the
Board. He reported he went to the home of the Berryl.s
on several occasions and did speak to them several times.
He also went to the house on occasions when there was no
one home. They agreed to restrain the dog July 1, which
they failed to do. He reported one time when he went to
the Berry home, he could not get out of the car until he
blew the horn for Mrs. Berry to come out after the dog.
He said they have failed to restrain the dog as he re-
quested; the petition is justified and he recommended
that a restraining order be issued.
Mrs. H. A. Thomas, 55 Ivan Street, stated her
daughter is a friend of Mrs. Wilhelm's daughter and on
two occasions, the dog has come after her. Once he
pulled at her clothes and knocked her off her bicycle.
She also stated the dog came after her husband and her
son
Mrs. Myron H. Ferrin, 24 Hastings Road, reported
that as she was walking, the dog took her hand in his
mouth and was biting on it, although there were no teeth
marks.
DeAnne Peterson, 14 Flintlock Road, stated the dog
started biting her leg, but did not leave any mark.
Mrs. Berry said these people say they have been
bitten and asked if they ever had medical attention. She
said the dog frightens ev_ryone becaue of 'ais size and
actually he is doing a job of protecting :Lis own family.
She stated she has a husband who is ill and does not work.
She has to work and depends on the dog for protection.
She said she did realize he frightens a great many people.
She said, as the Dog Officer report;,d, she had to bring
him in. There are times the baker leaves the bread and
the milkman leaves the milk, She said she knew about
the petition and some peorle would go along with it be-
cause they are afraid.
The Chairman asked if there was any evidence that
the dog had actually bitten anyone in that it would cause
medical attention.
Officer Shaughnessy replied he did not know. He
stated this dog is a very large German Shepherd. He said
the dog growls -ut as far as biting, he did not know.
Peter Berry verified what Mrs. Bei_ry said.
Mrs. '"ilhelm said she knew the Berrys have a situ-
ation where she has to work. She said she has called her
many times and asked her to restrain the dog. She said
she did not want anything to happen to the dog, but she
does not want him bothering people coming to her house.
She said if she knows her mother is coming, she has to
ask the Berrys totake the dog in and they do. She said
when the dog was growing up, she used to feed him and give
him water. Recently he put his teeth in her arm. She
stated everyone who comes to her house is terrified of
this dog. She said actually the dog is really a coward,
but people do not know that.
-11
1 �1
Mrs. McGrath, 1'.F Winter Street, said tie c'.cg bit the
milkman and he bothers evryone who comes to hr house.
Mrs. Berry said the dog does not bother children
very much. All the children go in and out of her house.
She said she has sold her house and will be moving away
from Lexington in about a month.
Mrs. Berry stated that she bought the dog in the
beginning for a pet for the children, but it has developed
into a protection situation.
The hearing was declared closed and the group retired
at 8:50 P.M.
Officer Shaughnessy stated that he did not think the
situation was going to change in a month. He said at one
time Mrs. Berry said she was going to get rid of the dog
because he was vicious but then changed her mind.
Officer Shaughnessy retired at 8:55 P.M.
The Chairman said he hoped there would be someway to
resolve the matter without restraining the dog.
Upon motion duly made and seconded, it was voted to
request Mrs. Olive Berry, 519 Bedford Street, to voluntarily
restrain her dog so that he is not a nuisance or menace to
the neighborhood, and to emphasize that should another com-
plaint be received by the Board, a restraining order will be
issued immediately.
At 9:00 P.M., Messrs. Sussman, Ripley, Ells and Swenson
Smith of the Conservation Commission met with the Board. land
The Chairman referred to the Swenson property and
said he wanted it to be known that Mr. Cataldo abstains
from any discussion or votes pertaining to that property.
The Bo:rd intends to take 150 feet through there for
Worthen Road.
Mr. Sussman advised that the Commission has been in
touch with the Town Engineer.
The Chairman explained the purpose of the joint meet-
ing was to replace a position on the Conservation Com-
mission caused by a resignation of one of its members.
He explained the Chairman of the Board of Selectmen acts
as Chairman and entertains motions. At this moment Appoint -
nominations were open for the one-year term. ment
Mr. Sheldon nominated Mr. John J. Garrity.
• Motion was made and seconded that nominations be
closed.
The Chairman instructed the Clerk to cast one ballot
for John J. Garrity to fill the unexpired term.
Mr. Legro, Town Counsel, advised the Chairman of the
correct legal procedure and the Chairman polled all members
of both Boards. All present were in favor of appointing
Mx. John J. Garrity.
The Chairman declared Mr. John J. Garri,y to be unani-
mdusly elected to the Lexington Conservation Commission for
a one-year term expiring March 31, 1966 to fill the vacanpy
caused by Mr. William S. Richeyts resignation.
The Commission retired at 9:08 P.M.
X42
Mr. Carroll reported he received a layout of the pro-
posed street lighting for Worthen Road and he submitted a
plan to the Board stating he had a que:_tion. The plan
shows 11,000 lumen vapor lights and the spacing shows the
lights 120 feet apart. Mr. Carroll said if the Board ap-
proves the plan as shown, the annual cost will be $1374
a year. If the lights are spared, as he recommends, the
cost will be $723.60 per year but the Town will have to
Street pay an additional ch>rge this year only for three poles
lights that will have to be placed. He recommended lighting
on every other pole at an annual cost to the Town of $723.60.
Upon motion duly made and seconded, it was voted
to follow Mr. Carroll's recommendation.
Sanitary
Land Fill
Mr. Carroll referred to Hartwell Avenue Sanitary Land
Fill and stated last week he requested that a police officer
be assigned to the area on Wednesday, and because of the
results, requested that the officer be continued through
Sunday. He read a letter which he received from Lieu-
tenant James F. Corr, Acting Chief.
Mr. Carroll reported since a police officer has been
in the area, there has been much less rubbish being de-
livered and there is no question but a great deal of
rubbish was coming from out of town. de said the com-
mercial rubbish collectors should be written stating
future violations might mean the suspension of their
permits. He said with the cooperation of the Police
Department, inspections will be made from time to time.
l4±; Carroll said he.would have a report within
two weeks on a permit system which Lieutenant Corr feels
the Police Department can handle.
Mr. Carroll stated the Board should vote to desig-
nate someone to be the suthorized representative of the
Federal Board of Selectmen to apply for Federal aid for the pro -
aid for posed sewer force main. The last time the Town applied
sewer for similar aid, Mr. Carroll was the authorized repre-
sentative.
Upon motion duly made and seconded, it was unani-
mously voted to adopt the following Resolution:
AUTHORITY TO FILE APPLICATION
WHEREAS, Town of Lexington, Massachusetts
herein called the "Applicant's, after thorough consideration of
the various aspects of the problem and study of available
data, has hereby det.rmined that the construction of certain
works required for the treatment of sewage, generally
described as
Proposed 20 -inch force main from the existing Brook Street
(Description of project to be used in Section 1 of
Application)
pumping station to the existing trunk sewer at Hamilton
Road, herein called the "Project", is desirable and in the
143
public interest, and to that end it is necessary that
action preliminary to the ccnstruction of said Project.
be taken immediately; and
WHEREAS, under Section 466e, Title 33, of the United
States Code, the United States of America has authorized
the making of grants to aid in financing the cost of con*
struction of necessary treatment works to prevent the
discharge of untreated or inadequately treated sewage or
other waste into any waters and for the
purpose of reports, plans, and specifications in connection
therewith; and
WHEREAS, the Applicant has examined and duly considered
said section of the United States Code, and related sections,
and the Applicant deems it to be in the public interest and
tot he public benefit to file an application under said
section of the United States Code and to authorize other
action in connection therewith:
NOW, THEREFORE, BE IT RESOLVED BY The Board of
Selectmen
the governing body of said Applicant, as follows:
1. That the construction of said Project is essential
to and is in the best interests of the Applicant, and to
the end that said project may be constructed as promptly
as practicable, it is desirable that action preliminary
to the construction thereof be undertaken immediately;
2. That John J. Carroll, Superintendent of Public
Works be hereby authorized to file on behalf of the Applicant
an application (in the form required by the United States
and in conformity with 33 U.S.C. 466e) for a grant to be made
by the United States tot he applicant to aid in defraying
the cost of construction of the sewage treatment works
described above;
3. That if such grant be made, the Applicant agrees to
pay all the remaining cost of the approved Project, over and
above the amount of the grant;
4. That if such grant be made, the Applicant agrees to
make provisions satisfactory to the Surgeon General of the
Public Health Service for assuring proper and efficient
operation and maintenance of the treatment works after
completion of the construction thereof;
5. That the said John J. Carroll, Supt. of Public Works
is hereby authorized to furnish such information and to take
such other action as may be necessary to enable the Applicant
to qualify for the grant;
Y
6. That the said John J. Carroll, Supt. of Public Works
is hereby designated as the authorized representative of the
144
Cadario
sewer
Winchester
Drive
Applicant for the purpose of furnishing to the United
States such information, data, and documents per-
taining to the application for a grant as may be
required; and otherwise to act as the authorized
representative of the Applicant in connection with
this application;
7. That certified copies of tLis resolution be
included as part of the application to be submitted to
the United States, for a grant.
Mr. Carroll referred to Winchester Drive, submitted
a plan and called the Board's attention to lot L-1 on
which a house is being built by Mr. John A. Cadario and
stated there is no sewer in Winchester Drive at this
point. Mr. Cadario made arrangements with someone who
owns lot 7 to have an easement over that lot to tie into
the Town of Winchester sewer. He did not have an ease-
ment and the new owner of Lot 7 took it out. The Town
of Winchester said he can connect to the Winchester sewer
if the Town of Lexington agrees to pay an annual charge
of $50 a year to the Town of Winchester.
Mr. Carroll said the problem is, what happens if Mr.
Cadario does not pay.
Mr. Sheldon asked if the Town of Winchester would
make an agreement with Mr. Cadario, and Mr. Carroll re-
plied in the negative.
Mr. Cataldo pointed out that the City of Waltham
entered into a similar type of agreement with Dr. Short.
He asked how much it would cost to go Winchester Drive.
Mr. Carroll replied $3,000, and it might be more.
Mr. Cataldo said the Board should not enter into
contract with Winchester. If Mr. Cadario wants to con-
nect in Lexington, he will bear the cost.
Mr. Carroll said he would have to pay the entire
connection; this house is ready to live in.
Mr. Sheldon said the Board has to protect the
interest of the Town.
Mr. Legro said he would think the Board would need
authority of the Town i'ieeting at the very least.
The Chairman said as a citizen of Lexington he should
be treated the same as other citizens in the same situ-
ation and asked if any other property would derive any
benefit.
Mr. Carroll replied in the negative.
The Chairman asked what the Board could expect as a
betterment.
Mr. Carroll replied about $1500; the total cost
approximately $3,000.
The Chairman suggested that Mr. Cadario pay the Town,.
the amount of money he would pay in lieu of betterments.
Mr. Carroll explained there has been no appropri-
ation and whether there will be money left over after
the bid is out, he did not know.
145
It was finally agreed that the applicant for con-
nection to the sewer, Mr. Cadario, should deal directly
with the Town of Winchester.
Mr. Carroll reported he is taking bids on the Bedford
sewer meter and asked if the Board wanted to install a
remote control device to keep a record. The cost will Sewer
be $982 installed. control
The Chairman asked if Mr. Carroll had sufficient
funds, and he replied that he should be able to het them.
Mr. Carroll asked the Board about the Barn Committee.
Mr. Gray explained he was waiting for the Appropri-
ation Committee to organize.
The Chairman said Mr. Gray would see that the com-
mittee is formed as soon as possible, and Mr. Cataldo
agreed to represent the Board on the committee.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the.follow-
ing j/o pole locations:
Eliot Road, northwesterly from a point approximately
92 feet northwest of Pelham Road, --
Five poles.
The Chairman read a letter from A. Lassell Ripley,
52 Follen Road, requesting deferment of sewer better-
ment assessment on lots 25 and 26 Follen Road.
Mr. Carroll submitted a plan and stated the assess-
ments are $439 for each lot, a total of $878. The
assessment for the house lot is $1,040.29. Mr. Carroll
recommended that the assessments be deferred.
Upon motion duly made and seccnded, it was voted
to extend the time for payment, under the provisions
of Chapter 159 of the Acts of 1950, the sewer betterment
assessments, totaling S878.00, 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.
Proposed personnel classifications
tions in the Department of Public Works
A copy had been given to each member of
Mr. Carroll explained this is something
been done originally.
Upon motion duly made and
to adopt the personnel changes
and that they become a part of
for three posi-
were held over.
the Board and
that should have
seconded, it was voted
as proposed by Mr. Carroll
the job descriptions as
prepared by the Charles Evans Associates.
The Recreation Committee, Messrs. Abelland Bcrtini
met with the Board.
Mr. Hayes said the committee would like the Board
to reconsider the plans for the Center Playground area,
particularly the plan for the parking lot area along
Worthen Road. He said putting a parking lot there
pushes the major ball field, which is planned, out quite
Pole
locations
Ripley
assess-
ment
Personnel
classifi-
cation
Recrea-
tion
146
a way. He said it would be possible to get a 300 foot
right field foul line if some of the bushes and trees
were removed between Park Drive. He said he felt there
is no indication as o' now if the parking lot in this area
is needed. He said last Saturday they had one of the
largest crowds ever and there we -e no cars parked along
Worthen Road. ae said if this parking area were elimi-
nated for the time being, they could have a ballfield
now. He explained the present and possible uses and
said he would like to see, at this time, the palling
lot put off for two or three years. Then if there is
a great need for this parking lot, the field can be
moved.
Mr. Carroll stated that he felt there should be a
parking area along Worthen Road but he did not know the
number of c.,rs that should be provided for.
Mr. Cataldo recalled that a study had been made and
everyone involved saw fit to keep the hill to make it
larger. He said he could not see taking the parking
lot out. He reminded the group that the parking lot
was very thoroughly discussed at the time the study was
made and once this plan was made and agreed upon, there
were to be no changes made.
Mr. Hayes said plans could always be changed.
Mr. 'ataldo said this was all thoroughly discussed
and the Selectmen warned the group at the time the
parking lot was to be retained.
Mr. Hayes said if there is a great need for this
parking lot in three or four years, the field can be
moved.
Mr. Cataldo said there must hive been a need for
this being proposed originally.
Mr. Hayes said he thought Mr. Snow had the idea
t' -ere should be a parking lot.
Mr. Cataldo said this plan was accepted last spring
and the Board said once it was accepted, this would be it.
Mr. Hayes said if, in four years, there is a need for
a parking lot, he could see spending $15,000 or $20,000.
Right now they can use a ballfield next week and can use
this play area tomorrow.
The Chairman said the Recreation Committee feels
right now there is a definite need for a play ara but
there is not a definite need for a parking area. He
asked if, there should be a need for the parking area
in the next two or three years, the Recreation Committee
would give the Board a hard time.
Mr. Hayes replied in the negative.
Mr. Cataldo asked if when this plan was originally
discussed if the Board specifically asked the committee
if there was enough room and everything was included in
the plan as they needed.
The Chairman said that was correct.
Mr. Carroll said Park Drive is supposed to be abandoned
and if it is abandoned and the area loamed over and seeded„
Wer
Vrt
1
1
14`x'
there is all the room in the world for a field. He said
there should oe parking along Worthen Road and said he
felt very strongly about it. He pointed out cars are
parked along Park Drive and when Park Drive has been elimi-
nated, cars will park in the perimeter of the area. He
said this:was the plan that was adopted.
Mr. Hayes said they would not get the parking lot
until at least the next Town Meeting and they can use this
ballfield now and if they have to, can move it back.
Mr.. Mabee asked if this entire concept wasn't based
on the premise that there would be something across the
street.
Mr. Carroll replied Mr. Snow was directed to explore
this area, which he indicated on the plan.
Mr. Cataldo explained this was not Mr. Snow's alone;
the School Committee, Recreation Committee and Selectmen
were involved.
The Chairman recalled that to a specific question he
asked at the joint meeting, everyone present agreed on the
plan. He said in the beginning there was general agree-
ment on what was done. He said apparently now the area is
not being used and can be used to the advantage of the
people playing, but the Recreation Committee should realize
that by using it, it is doing so at its own peril and will
have to relinquish it at the time the Board of Selectmen
feels parking is necessary.
Mr. Cataldo said they should realize that the back-
stop will have to be moved.
Upon motion duly made and seconded, it was voted that
the Recreation Committee be permitted to place the baseball
field fifty or sixty feet closer to Wcrthen Road, with the
understanding on its part, that when this land is required
for parking or for the closing of Park Drive, the Com-
mittee will have to relinquish it all.
Mr. Abell said he was interested in this development
of the diamond area and expressed his thoughts on the sub-
ject. Tax title
The Chairman said he had an idea of expanding play play
areas. The Town owns many tax title lots, and his thought areas
is to explore these lots and sec if neighborhood play areas
can be created. He said he asked Mr. Gray to get a list
of tax title lots and see if some of these could be developed
into play areas.
Mr. Hayes said when the Chairman spoke to him about
it he thought it was a good idea.
The Recreation Committee retired at 10:10 P.M.
Mrs. Austin Fisher, Mr. Leslie York, Mrs. Morey,
Mr. Ripley, Mr. and Mrs. Fred Johnson, Mrs. Bevan and
several other persons met with the Board.
1.48
Mrs. Fisher said it had come to her attention that
the location of the Public Facilities Building is not
Public what she had in her mind when she voted on it. She
Facilities submitted a letter from Anita P. and Edwii B. Worthen,
Building 35 Dexter Road.
Mrs. Fisher said if the building has to he in the
Meriam Street area, it would be serving no purpose to
put it out in the middle of the lawn which will overwhelm
Buckman Tavern.
The Chairman stated that the Board of Selectmen felt
that, contrary to the four to one vote of the Public
Facilities Committee, the building should be nearer Mdiiam
Street due to the parking problem that would be created in
this area. He explained the building being here would be
closer to a parking area and will be more accessible to
tourists and townspeople.
Mr. Cataldo informed the group that the Selectmen
wanted to place the building back against Meriam Street'
and indicated the area on the plan, but after looking at
it, felt it would be disturbing the roots of too many
large trees. He said in looking around, over the
whole area, the next place the Board felt would be
the least conspicuous would be the area it proposed,
about 150 feet back from the curb. He pointed out that
going by the Centr:::1 Block, the first building one would
see would be Buckman Tavern. He said in placing the
building where the Board proposed, it will be covered
at leaat the first part of it, by the beech tree. He
explained the Board •;-would like to keep Buckman Tavern
the prominent building of the green and felt the pro-
posed location would be the answer to the problems that
have arisen.
Mrs. Fisher said four large trees would not be killed
by placing the building in the corner, and Mr. Cataldo
explained one would have to go.
Mr. Greeley said the only important tree is the beech,
that the others are not outstanding, and he thought it
would be much better to preserve the large lawn and put
this building close to the railroad tracks and Meriam
Street or the railroad tracks and Hancock Street.
Mr. Cataldo said either location would protect the
beech tree and the first location will hide the build-
ing completely. He stated the Board felt the building
was not that objectionable.
Mr. York stated as far as t he Public Facilities
Building Committee is concerned, its original idea was
to place the building on the other side of Buckman
Tavern and the vote was four to one. He said the
Board of Selectmen made the change and he consulted
Town Counsel to deter gine whether the Committee could
override the Selectmen's decision.
Mrs. Morey stated that in all discussions before
this came up at Town Meeting, there were two sites.
149
The site four members of the committee wanted was by the
present facility and the second site was Meriam Street.
She preferred Meriam Street. In all discussions, there
had been only two sites. She said had she thought at
Town Meeting that the building was to be as close to
Buckman Tavern, she would have talked against it. She
said people will find the building in back of the beech
tree.
Mr. Ripley voiced his views and said if a decision
did not have to be made this evening, he would like to
see it held over until his group can have a meeting and
-consider this more carefully.
Mrs. Fisher said the group would like another chance
to think about tlis, and asked if the Board, under any
circumstances, would reconsider its decision on the lo-
cation.
The Chairman said one of the Board would have to
propose it.
Mrs. Morey said there has to be renegotiations with
the contractor anyway which would take a little time so
the Board would have some leeway.
The Chairman said he was disturbed that t here has
to be renegotiations.
Mr. York explained when the specifications were pre-
pared, it was on the original site so there has to be a
revision..
Mrs. Fisher asked when it was expected they would
break ground, and Mr. York replied in a few days.
Mrs. Bevan expressed her views on the subject and
mentioned the Garrity building, now being used by the
Red Cross and the building used by the Park Department.
Mr. and Mrs. Frederic K. Johnsen were recorded
opposed to the proposed location.
The Chairman said the group had in de a plcia to the
Board for reconsideration.
Mr. Greeley said he was strongly in support of Mr.
Worthen's letter.
The group retired at 11:00 P.M.
Later in the evening, the Board of Selectmen voted
to locate the Public Facilities Building on the site
originally approved by the Board, namely the far corner
of Meriam Street near the r ailroad tracks; the building
to face Massachusetts Avenue, the rear facing the rail-
road tracks.
Mr. Cataldo went on record that this location could
damage the trees.
Classification of municipal boards and committees was
held over.
Mr. Legro retired at 11:12 P.M.
150
Upon motion duly made and seconded, it was vctod to
certify the character of the following individuals who
Cert. of
have applied to the State for Certificates of Incorpo-
ration, satisfactory references having been received
Inc. from the Police Department: Dorothy Williams, 20 Barberry
Road; Donald R. Mellen, 49 Wachusett Drive.
Upon motion duly made and seconded, it was voted
to appoint Randall J. Newell, 11 Grassland Street to the
Lexington Civil Defense Auxiliary Communications group,
as requested by Mr. Burrell, Director of Civil Defense.
Letter from Mrs. Stuntz, 80B Hancock Street, with
reference to a dog leash law, was referred to the Leash
Law Committee recently authorized by vote of Town Meet-
ing.
Appoint-
ment
Dog Leash
Law
Lexington
Day
Letter was received from the State Department of
Commerce advising that August 28, 1965 has been reserved
for the Town of Lexington as its day at the World's Fair.
It was agreed to advise the Department no funds were
appropriated by Town Meeting for this purpose.
Upon motion duly made and seconded, it was voted
Licenses to grant the following licenses:
Lexington Cab Company, Public Carriage; Walter E. Murray,
Taxi Driver; Glen T. Kiedaish, Taxi Driver.
Letter from the Board of Health with reference to
that Board's Meeting with .the Selectmen on April 20 was
noted and placed on file.
The Chairman read a letter from the Planning Board
Zoning listing four businesses that appear to be operating in
By -Law violation of the zoning By -Law. A copy of the letter had
been sent to Mr. Irwin, Building Inspector, who enforces
the Zoning By -Law.
Proposed poster for examination for the position of
Chief Exam. Chief of Police was received from Civil Service, approved
and the Chairman authorized to return it as approved.
Mr. Gray referred to a request received last week
from Mr. Anthony LaRocco that the restriction the Town
Tax Title placed on tax title lot sold to Mr. William J. Gibbs be
lifted as he desires to purchase this lot Prom Mr. Gibbs
and erect a house on it. He reported that the Planning
Board is not in favor of releasing the restriction unless
Mr. LaRooco can acquire the adjacent lot.
Upon motion duly made and seconded, it was voted
to adjourn at 11:14 P.M.
A true record, Attest:
SELECTMEN'S MEETING
May 10, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, May 10, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were pre-
sent. Mr. Gray,Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present.
Stephen P. Jordan, 7 Manning Street,• applicant
for a Guide License, met with the Board.
Upon motion duly made and seconded, it was voted
to grant Mr. Jordan a Guide License, written approval
having been received from Acting Chief Corr and Examiner
Garrity.
The Chairman presented Mr. Jordanwith his license
and official badge.
Mr. Jordan retired.
Mr. Gray delivered four copies of the contract be-
tween the Town and F. Chiavarini Construction Co., Inc.
which had been left with him by Mr. Legro, Town Counsel.
Mr. Legro had approved the contract as to form and be-
lieved it to be in order for the Board to sign.
Upon motion duly made and seconded, it was voted
to sign the contract between the Town and F. Chiavarini
Construction Co., Inc., in the amount of $50,540.00,
for construction of the Public Facilities and Infor-
mation building.
Mr. Gray read a letter from Mr. Legro with refer-
ence to slope easements required for construction of
sidewalks on the northerly side of Concord Avenue.
Upon motion duly made and seconded, it was voted
to adopt an Order of Taking of slope easements as re-
quired for the construction of sidewalks on the northerly
side of Concord Avenue, betterments having already been
a ssessed in the order for construction of sidewalks,
dated March 29, 1965.
Mr. Carroll reported on bids received for the
purchase of a pickup truck.
Upon motion duly made and seconded, it was voted
to accept the low bid of $2,679.50 submitted by Rowe
Chevrolet, Inc.
151
Guide
License
Contract
Public
Facilities
Building
Sidewalk
slope
easements
Bid for
Pickup
truck
152
et
Mr. Carroll mentioned a Mr. Ferguson, Fairbanks
Road, and stated the problem was that Mr. Ferguson's
house is connected illegally to the sewer in Tufts
Ferguson's Road. There is a dip in theline, the correction of
sewer con- which will cost $2,000. He said the problem is not
nection Mr. Ferguson's fault and he thought the Town should
fix the sewer. Mr. Ferguson is willing to pay a
betterment on Fairbanks load and was assessed last
year about $600. Mr. Carroll reported he has talked
to Mr. Lowry, over whose property the easement goes,,
and he.is willing to grant the easement.. Mr. Carroll
said the Town would get an easement on Lowry's property.
Upon motion duly made.and seconded, it was voted
to authorize repair of the sewer and obtain an easement
from Mr. Lowry.
Sewer
The Chairman read a letter from Mr. James J.
McDevitt, 36 Colony Road, criticizing the work on
Massachusetts Avenue.
Mr. Carroll stated the property in question is
Mr. Justin Shea's, who has been talking about whht he
intended to do there for fifteen years. He stated no
one had any idea what was gibing to happen to this pro-
perty. He explained he puts underground only as much
as he thinks will be used for the next five or six years
and during the construction, a couple of houses were
being built. He explained he decided to wait until the
base course was down and then he told the men to work on
Saturday to get away from the traffic. lie said the base
course would be dug up for every manhole and water gate
and this is standard procedure. He said the telephone
company,has just found out one of the ducts is too high
and will have to be lowered several feet.
The Chairman said he would answer Mr. McDevitt's
letter.
The Chairman read a letter from Margaret MacCallum,
10 Pine Knoll Road, asking the Board to contact the Town
of Bedford to see if Lexington could connect with Bedford's
sewer line on Great Road.
Mr. Carroll reported that he contacted the Town of
Bedford today and the sewer will run within 100 feet from
the Lexington Town line.
The Chairman said the means are available to do ..this
but the Town would have to put the sewer in Pine Knoll
Road.
Mr. Carroll said that was correct and that Lexington
would have to put in 100 feet in Great Road, but funds
are not availabe.
The Chairman said these people will have to peti-
tion for the sewer.
Mr. Carroll stated if the Board is inclined to put
it in next year's budget, he would send out a petition.
153
The Cha.iaman suggested that a petition be sent out.
Mr. Carroll said, in the meantime, he could write
the Town of Bedford and make them aware of this.
The Chairman referred to Mr. A. Lassell Ripley's
request, acted on by the Board last week, for deferment
of a sewer betterment assessment and explained that no
bill has been committed as the sewer has not been con- Ripley
structed. He reported he had advised Mr. Ripley that sewer
betterments cannot be acted upon Rntil bills are com-
mitted and suggested that he reiterate his request upon
receipt of a bill when the extension of the sewer has
been completed.
Upon motion duly made and seconded, it was voted
to rescind the vote of May 3, 1965 deferring sewer better-
ment assessments on lots 25 and 26 Follen Road, totalling
$878.00, under the provisions of Chapter 159 of the Acts
of 1950.
Mr. Carroll presented a plan of the Moreland Avenue
school Aite and said he would like to discuss Philip
Road. e reported that the architect, Frank Crimp, and
Dr. Fobert, Superintendent of Schools, were meeting and
invited him to attend. Mr. Crimp investigated the possi-
bility of obtaining State aid and was advised that the Philip
State will not give any aid for this portion of Philip Road
Road which will connect on Moreland Avenue. Dr. Fobert's
position is that the road is of no use to the school as
such. Mr. Carroll said he feels this road should be
built and at least it should be planned for by the people
planning the school.
Mr. Cataldo asked what was planned for access to the
school.
Mr. Carroll replied they will use Worthen Road. He
said he thought Dr. Fobert might feel this would be a
better access, but they don't feel that strongly about
this particular access being built. Mr. Carroll said
he felt the whole area should have a connection on
Worthen Road and this is where the connection should be.
He said they could get a connection at Rockville Avenue,
but it is not a good connection.
Mr. Sheldon said this would have to go into next
year's budget, and Mr. Carroll is requesting forward
planning.
Mr. Carroll said he would like permission to dis-
cuss this with the Planning Board.
Mr. Mabee explained when he was on the Standing
School Building Committee, the feeling was this would
be an extra expense and they wanted to get State aid.
The School Committee does not want to increase its bud-
get and is saying it can get along without this road.
154
NBC
Documen-
tary
Mr. Carroll said the School Building Committee
him to meet with it tomorrow night.
The. Chairman said if the School Committee
was necessary and if it can get State aid, fine
the absence of that,heasked if the Board and
Superintendent of Public Works felt it was nece
If so, the Board will have to include it in the
Mr. Carroll suggested getting the Planning
reaction first.
Mr. Carroll left at 8:05 to meet with the
Board.
wants
felt it
In
the
ssary.
budget..
Board's
Planning
Mr. Joseph Mehan, NEC, met with the Board.
The Chairman said the Board wanted an opportunity to
meet with him, two members of the Board already having
met him. He said they might want to ask him some
questions about the documentary being filmed. He asked
if Mr. Mehan had anything to add to what he released to
the paper.
Mr. Mehan said the Minute -man statements sum up what
he would say. It was a thought-out statement on his
part and important enough for him to come in. He•invited
the Eoard's questions.
Mr. Sheldon said he understood the Board will not
know and will not have any right of review after the
series is completed.
Mr. Mehan said it is nct a series. It is a pro-
gramming, a one-hour show, and under normal procedures,
no. The Board must trust the medium. There will be
no prior approval..
Mr. Sheldon said the thing that concerns people
who have called him is what type of image is being
created. He said it could be good, bad or somewhere
in between.
Mr. Mehan said he was trying to do a complete
picture, and thought the overwhelming perspective would
be good. He said there is, what he hesitated to call,
a problem. There is a source of concern among the
adults. There is a similar source among the nation._ He
is going to show the young people in the community and the
inaction between the teenager gnd the adult community and
the action that has emerged. Me said the picture will
certainly be one which is some and some but mostly to
the good. He said they feel this is an up -beat docu-
mentary.
Mr. Sheldon said about the time this was going on
there was a series of articles in the Traveler and he
was very much upset about those articles because he felt
it was commercialism. '4He said he did not think the
author accomplished one thing by writing the articles and
perhaps same of this affected Mr. Mehan. The people are
assuming that he was involved. He stated people con-
nected the two and felt this was the type of picture he
1
155
was going to present. He said he would not want to see
that kind of picture presented on film, the picture the
first two articles presented. He said there are many
honest people trying to do a good job and in presenting
a picture, it is important that both sides be presented.
He said he would not like to see Lexington singled out
and the impression given that nothing w,s being done or
that the problems were greater than they are in other
communities. He said only Mr. Mehan's editor would know
what the final emphasis is.
Mr. Mehan said the crux of the problem seems to be
a general misconception. There is no relationship.
Mr. Sheldon said he was willing to accept Mr. Mehan's
assurance that this is going to be a fair and balanced
presentation which will not be slanted in any way. This
will be a factual presentation showing problems as they
exist, whatever is being done to solve those problems.
Mr. Mehan said that was a fair statement and what
Mr. Sheldon said, he woald want.
Mr. Mabee asked why Mr. Mahan selected Lexington.
Mr. Mehan replied they began looking into the general
teenage picture. They were going to a number of communi-
ties where one hears about teenagers in the normal way.
They came up here because they read about some difficulties
Lexington was having, party crashing, etc. He said when
he came to Lexington, he spent several weeks and found a
different kind of concept and thought it would be better
to do a town with problems but not overwhelming problems.
He said he wanted a normal situation, a healthy situation.
He said it was only after he had been up here early in
February and spent a month talking about people that they
determined this was a good situation. The Town was awaken-
ing to the problem and coming to grips with it; a town
that is very picturesque. A11 the factors seemed right
so Lexington was the place they settled on.
Mr. Mabee asked what Mr. Mehan had to say about the
second thoughts the School Committee have on this.
Mr. Mehan replied he wished they hadn't. It is dis
appointing.because the first area which he worked out was
the best one. It is far more inhibiting for him to have
this barrier and prevents him from doing a good honest job.
They intended to give things in many classes; looking at
classes for slower learners, student government, etc. He
stated he does not go about getting everyone's approval
beforehand because they film a great deal they are not
going to use. It is more practical when the show is
in form to obtain approval, and the school people reversed
this in the middle of the filming. He did not get what
he wanted to. He said he did not think anything would
have been detrimental.
Mr. Mabee asked Mr. Mohan why he thought the School
Committee changed its mind.
156
C.J
Cr
C'3
Mr. Mehan replied they said they had a great deal of
objection from the parents.
Mr. Mabee asked how much truth there was in the
staging of fights.
Mr. Mehan replied none whatever. They never staged
fights. He said he investigated that right down to the
individuals and it was not true.
Mr. Cataldo said he wad concerned with the Town of
Lexington and the image it is going to end up with. He
said Mr. Mehan gives the Board his word that.the results
will be good. He said if Mr. Mehan could tell the Board
that he would have the last word as to what goes.in this
documentary, it would make a difference.
Mr. Mehan said he would have second last and a very
strong word. The producer, Mr. DeFelita, happens to have
been on another assignment. Mr. DeFelita will have the
final say but he will lean heavily on Mr. Mehan. Mr. Mehan
said he would have veto power of what he does not want to
go into that show. He stated that Mr. DeFelita carne up
with him on several trips when this was first discussed
with Chief Rycroft months ago, and he was in contact with
Mr. DeFelita every other night from here. He is coming
up to do the remainder of the filming.
Mr. Cataldo said if Mr. Mehan was trying to tell a
story about the problems and what the Town is trying to do
to solve them, he could not understand why he found it
necessary to ride around in the cruisers.
Mr. Mehan stated riding in a cruiser is not an
essential part of the show, and it could be left out. He
said it hurts him more not to be able to film the Him
School activities than riding in a cruiser. He said he
had explained to the late Chief that he would like to see
the whole town in action and one aspect is police. The
police have an approach to the problem of young people'
behavior. He said they would handle with discretion any
of the films. They are not going to show people being
arrested.
Mr. Cataldo said everyone says the image will be good,
but no one wants to tell what will end up in this film.
Mr. Mehan said he was present to do that.
Mr. Cataldo said Mr. Mehan has told the Board
once this is edited, this is it, and it is going
nationwide. He said he has received calls and people
are upset that teenagers are being interviewed. He
said Lexington will be here when NBC is gone and will
have the image created. He said he could see no good
coming to Lexington out of this and NBC has everything
to gain.
Mr. Mehan said he thought Lexington had a great
deal to gain; an objective, individual, mature look of
the Town.
Mr. Cataldo said the Board realizes there is a
problem and was taking a good, hard look at it before
NBC came in, and before Eleanor Roberts wrote the
articles.
157
Mr. Mehan said he thought TV can be, when responsi-
bly conducted, a tremendously positive, educational and
informative medium.
Mr. Cataldo said anything that is written or shown
can be interpreted many ways, and he would like to leave
the problems in Lexington and solve them here.
The Chairman said he had great faith in the Town
and the people in the Town, and try as he might, Mr. Mehan
can't present an image of Lexington but that would be good.
He said he hoped he would receive full cooperation from
everyone. He asked how Mr. Mehan was making out with
parental approval.
Mr. Mehan said there has been a much more positive
turn. Some parents called him and were reacting at a height
of an.emotional period. These parents were very, very
wary. He said after the Minute -man came out last Thursday,
the response was more favorable and had he known, he would
have issued such a statement before he began. He said he
got younsters telling about some of the phases of the
school effort. He was able to continue filming and did
one or two classes. He stated he will film Wednesday
the parents' meeting in Muzzey, and will come back in
late May or June to film the adult leaders in the Town
close to the problem of teenagers and find out what they
are doing.
The Chairman said when Mr. Mehan first came•to see
him, he did not consult the Board but did tell him as far
as he was concerned, there would be no objection. He
personally had no objection, and would like to see this
done on the basis of cooperation.
Mr. Burnell said he did not think the situation in
Lexington is that bad that Mr. Mehan coald create a bad
image of Lexington. He said he does know there are
problems as there are in every other community, but he
did not think Lexington was any worse. He said he
thought Lexington had a fine group of young people and
he also believed Mr. Mehan and was sure he did not
intend to build something that isn't. He said he
would be in favor of helping as much as possible to
get the very finest image.
The Chairman asked if Mr. Mehan had any problems
after running any documentaries.
Mr. Mehan replied in the negative and said there
will always be responses of a critical nature but he
has had no problems in the sense he thought the Chair-
man was thinking of. He stated there are safeguards
within NBC to assure the product is of a high quality.
Mr. Cataldo pointed out, that NBC will have a re-
lease so they will be completely exonerated.
The Chairman asked if there had ever been any
criticism from subjects.
Mr. Mehan replied he did not know of any. He
said they did a show on the Belleview Hospital and one
158
person died on the show. They did a show on the Pitts-
burgh schools, but there were no reactions.
Mr. Cataldo said if Mr. Mehan filmed it and. it was
100% as it exists on all phases, he would have no quarrel.
Mr. Mehan said he was not bidding for circulation
or ratings.
Mr. Sheldon said if a better public relations had
been done to begin with, a good deal of the objections
would have been allayed. Then there was the bad break
of the Traveler articles. He said if Mr. Mehanhad ap-
proached the Board personallyrand stated exactly what he
intended to do, it would have been a very fine thing.
The Chairman stated Mr. Mohan came into a strange
town and talked to the people he thought he should. He
said Mr. Mehan talked to him and he did not inform the
Board and did not expect any trouble.
Mr. Sheldon said the only thing the Board is in-
terested in is what is good for Lexington. He said if
he thought there would be something said, printed or
shown on a screen that can only hurt Lexington, he would
vote against it and that is why he voted against the
Traveler because that can do no good. He said factual
presentation are fine but the Board does not want to
do anything to hurt the Town.
Mr. Mehan retired at 8:45 P.M.
Petition, signed by Jane H. & Mark S. Carroll, re-
questing installation of traffic signs on Locust Avenue
Traffic was referred to the Traffic Study -Committee for study
and recommendation.
Letter was received from the Vermont Transit .Co.,
Inc., requesting a license to operate buses over certain
portions of Route 128 which lies within the Town of Lex-
ington.
Bus Mr. Gray explained the company wants to change its
license route and use the extension of the Massachusetts Turnpike.
This has been approved by the Department of Public Utili-
ties. This new route will cut.fifteen minutes off the
schedule and no passengers will be picked up or discharged.
Upon motion duly made and seconded, it was voted
to grant the Vermont Transit Co., Inc. a license.to oprate
buses, pursuant to the provisions of Chapter 159 of the
General Laws of the Commonwealth of Massachusetts, as
amended, upon the following highways.in the Town:
Between the Waltham City -Lexington Town
Line, and the intersection of Massachusetts
Highways 128 and 2 over Massachusetts High-
way-i28Including Access -reads to and from
Massachusetts Highway 2.
co
1
Mr. Gray reported that Leslie York, President of the
Town Meeting Members Association had a discussion with
him regarding the use of Town reproducing machines for
the TMMA. Mr. York would like to use a mimeograph
machine as well as the copying machine,.
Mr. York said each year there are three or four
town meetings and the association does not have funds
to have any work done.
The Board had no objection to the TMMA using the
Townts mimeograph and copying machines.
Mr. Cataldo suggested that the association call
the office and schedule its work.
Mr. Gray reported that he had looked into the
purchase order forms and stated 5,000 will cost $160,
and as no appropriation was made for this item he re-
commended a transfer from the Reserve Fund.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $160 from the Reserve Fund to the Selectmen's
Expenses Account.
Mr. Gray referred to the construction of a portion
of Worthen Road through the Swenson property and advised
that the question has arisen as to how this is to be
paid for. He stated that the $230,000 appropriated was
to purchase the entire parcel.
Upon motion duly made and seconded, it was voted
that the construction of Worthen Road through a section
of the Swenson property be paid for by a transfer from
the Conservation Fund.
Mr. Gray referred to Mr. Donald K..Irwints offer
to purchase tax title lots on Hillside Avenue and read
a letter from Town Counsel regarding the Conflict of
Interest Law.
Mr. Gray was authorized to advise Mr. Irwin that
upon advice of Town Counsel regarding the Conflict of
Interest Law, the Board cannot sell him these tax title
lots.
Mr. Gray reported that he had a request from the
Acting Chief of Police and the -Traffic Study Committee
for approval of Special Speed zones on certain streets.
Upon motion duly made and seconded, it was voted
to adopt the following speed limits at which motor
vehicles may be operated in the areas described:
Town of Lexington
Special Speed Regulation
Highway Location:
159
Use of
Towns
copying
machines
Transfer
Transfer
for Worthen
Road
Tax title
Speed
limits
Town of Lexington
160
Authority in Control: Town of Lexington
Name of: Highways.
Reed Street
Simonds Road
Eldred Street
Worthen Road
Concord Avenue
Winchester Drive
In accordance with the provisions of Chapter 90, Section
18, of the General Laws (Ter. Ed.), as amended, the follow-
ing Special Speed Regulation is hereby adopted by the Board
of Selectmen of the Town of Lexington:
That the following speed limits are established at
which motor vehicles may be operated in the areas described:
REED STREET - NORTHBOUND
Beginning at Bedford Street
thence northerly 0.08 miles at 25 miles per hour
0.68 " " 35 n n n ending
at Centre Street, total distance being 0.76 miles.
REED STREET - SOUTHBOUND
Beginning at Centre Street
thence southerly 0.68 miles at 35 miles per hour
0.08 " " 25 " n n
at Bedford Street, total distance being 0.76 miles.
SIMONDS ROAD - EASTBOUND
Beginning at Bedford Street
thence easterly 0.36 miles at 30 miles ger hour
0.19 " " 20 " " ending
at Burlington St., total distance being 0.55 miles.
SIMONDS ROAD - WESTBOUND
Beginning at Burlington Street
thence westerly 0.19 miles at 20 miles per hour
0.36 " " 30 n n n ending
at Bedford Street, total distance being 0.55 miles.
ELDRED STREET - EASTBOUND
Beginning at Bedford Street
thence easterly 0.45 miles at 30 miles per hour ending
at Grove Street., total distance being 0.45 miles.
ELDRED STREET - WESTBOUND
Beginning at Grove Street
thence westerly 0.45 miles at 30 miles per hcur ending
at Bedford St., total distance being 0.45 miles.
ending
1
161
WORTHEN ROAD - NORTHBOUND
Beginning at Sherburne Road
thence northerly 0.18 miles at 25 miles per hour
0.26 " " 30 " " n
0.52 n n 35 " n
" 0.44 n n 30 " n
at Bedford St., total distance being 1.40 miles.
WORTHEN ROAD -
Beginn ng
southerly
thence
n
n
at Sherburne Rd.,
SOUTHBOUND
at Bedford Street
0.44..miles at 30 miles
0"
.52 " " 35
0.26 " 30 "
0.18 n " 25 "
total distance being 1.40 miles.
n
ending
per hour
n n
n "
• ending
CONCORD AVENUE
Beginning
easterly
n
thence
n
n
n n
at the Belmont Town
- EASTBOUND
at Cambridge -Concord Highway Route 2
0.81 miles at 35 miles per hour
0.16 " " 30 " " "
0.87 n n 35 n n n
0.41 n " 40 n " " ending
line, total distance being 2.25 miles.
CONCORD AVENUE - WESTBOUND
Beginning at the Belmont
thence westerly 0.41 miles
" 0.87 "
" 0.16 "
" 0.81 "
at the Cambridge -Concord Highway,
total distance being 2.25 miles.
Town Line
at 40miles
n 35 n'
" 30 n
"35
Route 2,
n
per hour
n n
n n
" ending
WINCHESTER DRIVE - EASTBOUND
Beginning at Lowell Street Route 2A
thence easterly 0.06 miles at 30 miles per hour
" 0.62 " " 35 " It " ending
at the Winchester Town Line, total distance being 0.68 miles.
WINCHESTER DRIVE - WESTBOUND
Beginning at the Winchester Town Line
thence westerly in Lexington 0.62 miles at 35 miles per hour
" 0.06 " " 30 n, n n
ending at Lowell Street, Route 2A
total distance being 0.68 miles.
Operation of a motor vehicle at a rate of speed in excess
of these limits shall be prima facie evidence that such speed
is greater than is reasonable and proper.
162
The provisions of this regulation shall not, however,
abrogate in any sense Chapter 90, Section 14, of the General
Laws (Ter. Ed.).
May 3, 1965
/s/ Robert Cataldo
/s/ Levi G. Burnell
/s/ I.H.Mabee
/s/ George C. Sheldon
Attest: Hazel J. Murray Board of Selectmen
Mr. Sheldon Cohen, 1430 Massachusetts Avenue,
Cambridge, met with the Board.
The Chairman asked Mr. Cohen to tell the Board
a little more about his request for a license to con-
duct a sightseeing and touring business on ways in the
Town.
Sightsee- Mr. Cohen said he had a proposal regarding a
ing bus sightseeing bus which he will operate and be conducted
by the Harvard Students in the. summer. He said he
wants permission from the Board to use the streets
and then he can go to the DPU and engage a bus that
will hold nine.passengers. It will pick up passengers
at motels and hotels in Cambridge, going through Harvard,
MIT and come to Lexington. He said he is also waiting
for a reply from the Town of Concord. He said he would
also like to work with the Historical Society. He ex-
plained he would be showing people the historical spots
and dropping them off for fifteen or twenty minutes.
The Chairman said the Town does have guides.
Mr. Cohen said the students drive and bring the
passengers to the destination.
Mr. Cataldo asked if this would be the only type
vehicle he would use.
Mr. Cohen replied in. the affirmative and said he
was granted four units in Cambridge.
The Chairman said the Board would take the request
under advisement and let Mr. Cohen know.
Mr. Cohen retired at OL10 P.M.
It was the consensus of opinion that there would be
no objection providing it is understood by Mr. Cohen that
his proposed activities would in no way conflict with the
Guides.
The Chairman said he would ask Mr. Cohen to submit
a formal application and give the specific route he pro-
poses to take.
63
Mr. York, Chairman of the Public Facilities Build-
ing•Committee, presented a plan and stated the location Public
of the building, as determined this morning, had been Facilities
drawn and he asked the Board of Selectmen to sign the Building
plan giving its approval of the location.
Mr. York, Mr. Brown, Mrs. Morey, Mrs. Hagedorn and
Mrs. Harvell, TMMA, met with the Board.
Mr. York said the TMMA has had sone very diligent
workers making a comparison of the almost extinct copy
of the original Town By -Laws and the new By -Laws as pro-
posed by the By -Law Committee.
Mrs. Hagedorn said when the By -Laws were postponed,
she decided to make up a dummy of the proposed By -Laws
and show on the other side what this did to what the Town
had before. She said she had twenty-nine pages of worked
up material. She said the problem is that the TMMA does
not have enough money to get something of this size to the
Town Meeting and the question came up last week as to how
Town Meeting Members could discuss changes they did not
know.
The Chairman asked if the Committee was going to have
another hearing on this.
Mrs. Hagedorn said all the members have,going to the
hearing,is what is shown on the left of the dummy pages
she submitted.
Mr. Burnell said if the people want to get into the
details of every change, the committee w ould go over this
in detail and he thought this had been explained by Allan
Green.
Mrs. Hagedorn said it amounts to whether this addi-
tional information is worth assembling or not.
Mr. York said many people are not aware of what has
been deleted from the old By -Laws because all that is
available is the new By -Law. He stated there is a drastic
change and the TMMA felt it would like to have more study
put into this before it becomes a final By -Law.
Mr. Cataldo asked if Mr. York wanted the Board of
Seleetmen to print this.
Mr. York replied not necessarily.
Mrs. Hagedorn said it could be done by Xerox and she
felt this information should be given to the Town Meeting
Members at least.
The Chairman asked if the group believed the By -Laws
are in need of change.
Mrs. Hagedorn replied she thought this was a step
forward, but she would not wish to see this voted in total.
Mr. Alan Adams said he had read this through when he
received it and there are a number of things that should
be discussed. He said there should be enough copies
available at the hearing so everyone can see in writing
what the discussion is about.
Town
By -Laws
1.64
Mrs. Morey said before the Annual Town Meeting, she
was disturbed about the By -Law because no one had an
opportunity to look at it. She further felt a Town
By -Law change is a serious matter for the whole town and
not just the Town Meeting Members. She talked to Allah
Green about it immediately after the Town Meeting and
asked if he would have at least two meetings.
The Chairman asked how much it would cost to re-
produce enough copies for Town Meeting Members.
Mrs. Hagedorn replied eight cents a page to make
a master.
The Chairman suggested that the By -Law Committee
pay to have these reproduced in sufficient quantity
for every Town Meeting Member, and if sufficient funds
are not available, the Board will request a transfer
from the Reserve Fund.
Mr. Sheldon said the Committee should do this, as
it is that committee's function.
Mr. Mabee said the Committee should understand the
Selectmen want a comparison and that the Board suggest
that the Committee make the money available. He said
he wanted some assurance that the By -Law Committee is
in favor of this.
Mr. Sheldon said the Board is in agreement that
the By -Law Committee shall be asked to do this with its
funds. If the funds are insufficient, the Board will
request tae Appropriation Committee for a transfer.
Upon motion duly made and seconded, it was voted
to grant permission to the General By -Laws Committee to
use Estabrook Hall for a public meeting on May 19, 1965
from 8:00 P.M. until midnight.
The group retired at 9:45 P.M.
Mr. Carroll reported that the Planning Board is in
agreement with the location of Philip Road.
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 short discussion pertaining to articles
presented for insertion in the warrant for the June 7
Special Town Meeting, it was voted to resume the open
meeting.
Mr. Carroll retired at 10:,10 P.M.
The Chairman read a letter from the Town Treasurer,
Miss McDonough, advising it is necessary to borrow
$1,000,000 in anticipation of taxes, and listing the
bids received.
Upon motion duly made and seconded, it was voted
to approve the bid of 2.08% discounted, submitted by
the New England Merchants National Bank of Boston.
Classification of Boards and Committees was held
over.
Certification and Report Form, dated May 6, 1965,
was received from the Division of Civil Service, certify-
ing requisition for one remaining vacancy for four perma-
nent patrolmen.
Mr. Gray reported there is another list that will
be coming out soon. He said this list was sent in re-
sponse to the Board's request. He explained the Board
indicated there were four vacancies and Civil Service
furnished three names. This will be for the Board to
take one name to fill the fourth vacancy. He stated
the recommendation of Acting Chief Corr is to hold this
up and make the four appointments at one time.
It was agreed to hold the certified list over and
to take no action at this time.
6 5
Borrowing
Civil Ser-
vice List
Upon motion duly made and seconded, it was voted
to appoint Robert J. Faulkingham, 13 Fletcher Avenue ,
and James J. Moloy, 10 Vine Street, to the Lexington Auxiliary
Auxiliary Fire Department as requested by Mr. Arthur E. Fire Dept.
Burrell, Director of Civil Defense.
Letter from Francis Worrell, 183 Cedar Street,
relative to condition of Garfield Street, was referred Complaint
to Mr. Irwin, Building Inspector, for investigation and
report.
The Chairman read a letter from the Lexington
Minute Men requesting permission to have a Lexington
Town Flag fabricated for their use. The group also
requested permission to carry this flag as a part of
the organization's Color Guard Unit in parades, re-
views and other functions.
The Board had no objection providing no expense
by the Town is involved._,
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Trinity Pharmacy 162 Bedford Street
Walnut Farm Trust L.0 Walnut Street
Louis A. Guadangnino 1698 Mass. Avenue
Town flag
Licenses
Sunday Sales
Comm. Viet.
Sunday Bowling
166
v
Upon motion duly made and seconded, it was voted
Dump to grant a Yearly Dump Permit to Jerome C. Wagner, IIpermits Chelmsford, and William McDonough, Concord, both doing
landscape work in Lexington.
Upon motion duly made and seconded, it was voted
to sign notices of intention to alter and relocate
Barrymeade Barrymeade Drive farm the existing northwesterly terminus
Drive of Barrymeade Drive to the land of Joseph F. and Rosina
Buss.
Upon motion duly made and seconded, it was voted
to rescind the vote of the Board on May 3, 1965 not to
Articles include articles in the warrant for the June 7, 1965
Town Meeting on the Lidberg and Castoldi properties.
The Chairman was recorded in opposition.
Upon motion duly made and seconded, it was voted
to include in the warrant for the June 7, 1965 Special
Articles Town Meeting articles submitted by the Planning Board
relative to acquisition of Lidberg land on Adams Street
and exchange of.land with John W. Castoldi, Inc.
The Chairman was recorded in opposition.
Upon motion duly made and seconded, it was voted
to sign the warrant for the Special Town Meeting,
Warrant June 7, 1965.
Mr. Gray reported that the Planning Board does
not want the Lidberg and Castoldi land articles in the
warrant. It has cancelled the hearing and told the
consultant, at this point, not to have the report ready.
Mr. Gray stated last year when the Assessors were
through with the tax bills, the machines were brought
over to the Accountant's Office. Now the Assessors
will need the machine again for at least six weeks, and
Transfer if it is returned, the Accounting Department will be left
without a machine for six weeks which poses many problems.
He explained that Mr. Perry, of the Burroughs Company,
suggested renting a machine which would cost between $500
and $600 for six weeks. He recommended that the Board
request the Appropriation Committee to transfer $600 from
the Reserve Fund to the Accounting Department - Expenses
Account.
Mr. Gray reported he has been negotiating for a con-
siderable time with some property owners on Woburn Street
whose land has been taken for a school site. He has had
a second appraisal made and in light of that, there have been
months of negotiating with many of the property owners,
but he has been unable to negotiate on the rear land.
He has discussed this with Town Counsel.and asked if he
thought there was any need for him to talk to these
1
161
people and his Advice Was that it would not be. For that
reason, Mr. Gray requested the Board to have the necessary
papers prepared to make the takings of the following pro-
, perties:
Ben Franklin Homes, Inc.
Millie G. Greicci
Thomas Quinn Co., Inc.
Waymint Realty Trust
Samuel A. & Stella M. Modoono
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro, Town Ccunsel, to prepare the neces-
sary Ofders of Taking.
Mr. Sheldon referred to the meeting the people from
Burnham Road had with the Board in regard to their sewer
problem and reported he had done a little checking with
the Board of Health. He also talked with a resident of
the area who knew there was clay there so his leaching Burnham
beds are working. He said he also understood what was Road
done by the Board of Health w s in compliance with the sewer
State regulations, under which the Town operates. He
asked if the Board thought Mr. Gray should see if the
Town has any right to have more stringent rules than the
State provides. He said he would like to have a little
investigating done to see if there is anything the Town
can do to tighten this situation. He stated had the Town
had a ruling that clay is not an acceptable soil for this
type of system, the problem of Burnham Road would not exist.
The Chairman asked Mr. Gray to explore the subject.
The Planning Board came into the meeting at 10:40 P.M.
Mr. Bryson stated the Board would like to include
the so-called Lidberg and Castoldi articles in the warrant
for the June 7, 1965 Town Meeting, in view of the letter
received from Mr. Lidberg.
The Planning Board retired.
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, Executive
the financial interest of the Town, or the reputation Session
of any person.
Following discussion relative to a letter fram
Town Counsel pertaining to claim of Charlotte Minkowitz
et al, it was voted to resume the open meeting.
The Chairman said the Board is appointing a com-
mittee of the Board as an advisory committee to the
Board of Human rights between interested civil rights'
groups in the Town. The committee will meet periodi-
cally with these groups. He said this is the way the
Board feels it should be handled. The purpose is to
1GS
meet with Civil Rights' groups and other.: interested
persons to further a better understanding of the
problems of human rights and relationships among persons of
different racial and ethnic backgrounds, and toimprove
communications within the community, all with the view
ofpreserving Lexington as the kind of town of which
everyone can be proud.
The Chairman appointed Messrs. Mabee and Cataldo
to serve with him.
Upon motion d31y made and seconded, it was voted
to adjourn at 10:55 P.M.
A true record, Attest:
169
SELECTMEN'S MEETING
May 17, 1965
A regular meeting of the Board of Selectmen was
held.in the Selectmen's Room, Town Office Building, on
Monday, May 17, 1965, at 7:30 P.M. Chairman Cole, Messrs.
Cataldo and Sheldon were present. Mr. Legro, Town Counsel,
Mr. Colella, Assistant superintendent of Public Works, Mr.
Higgins, Assistant Town Engineer, and Miss Murray, Execu-
tive Clerk, were also present.
The Chairman explained the first item on the agenda,
Classification of Committees, Boards and Commissions, was
brought about by the fact the Board has not classified
the Conservation Commission, and there may be other Boards
in the same category that should be classified. He said
if the Board is considering making the Conservation Com- Classifi-
mission members Regular Municipal Employees, it should cation of
consider other negotiating Boards, the Planning Board Boards
being number one.
Mr. Cataldo mentioned the School Sites Committee,
Standing School Building Committee and the Conservation
Commission as being the negotiating Boards.
Mr. Legro said none of these has an influence over
Town -wide problems, and the ones named are all part-time
boards, and they don't do any substantial amount of pur-
chasing supplies or materials. He explained the Board
has to bear in mind if it is going to get people to serve
on commissions, and not seriously limit the range of choice
and quality of personnel available, it can't classify these
people too general or it will limit the availability of
these people.
Mr. Cataldo said, that being the case, the Board
should not have the ones it has classified as regular
employees. These people spend as much, if not more, than
the ones classified. He mentioned the Fire Commissioners
and the School Committee. He stated these people spend as
much money as the Fire Commissioners and the Standing School
Building Committee spends more.
Mr. Legro explained more consideration was given to
the regularity and scope of the purchase. At the time
the Fire Commissioners were classified, there was serious
discussion. The School Committee, of course, does pur-
chase a great quantity of materials and structures and
employs a large number of salaried employees.
Mr. Cat&ddo stated the School Committee is the one
who does the structures.
Mr. Sheldon asked for Mr. Legro's recommendation.
Mr. Legro said he recalled the Fire Commissioners
were felt to be in a position where they would be cleesi-
fled either way.
170
of
Partial re-
lease of
sewer
assessment
Mr. Sheldon asked if Mr. Legro agreed with the list
as read by the Chairman.
Mr. Legro replied in the affirmative and said he ex-
plained the things that have to be taken into account.
The decision has to be made by the Board.
The Chairman said if there is any chance of any of
these Boards making decisions where they might be involved
themselves, the finer the line is drawn, the better.
Mr. Legro said, by way of discussion, he thoug4t in
this type of government the Board would not want to limit
itself in the range of selection it has. He said another
factor to be taken into account is the pos:ible publicity
involved in the official activities of any individual
member or the Board itself. For example, he said he was
voted by Town Meeting and is a public record as opposed
to purchases of lesser dollar values, but more numerous in
items that are not generally known and not easily disclosed
or uncovered. He said the Board might bear in mind too,
the nature of the work involved, whether it is apt to in-
volve technical conflicts with the law so it is too pro-
hibiting to get people to serve.
The Chairman asked what was to be done w hen people are
made Special Employees and they are working with a firm
that could be doing business with the committee.
Mr. Legro stated that is just as much a violation
for special as it is for fegular. This statute is to
eliminate corrupt practices.
The Chairman said he would rather err the other way
and make than regular employees on these particular boards.
Mr. Legro explained that, by and large, the distinction
is really what mmy be excused by disclosure rather than by
the activity itself.
Mr. Cataldo said, where the School Committee and Fire
Commissioners are in the regular category, he would be in
favor of going' to the conservative side.
Upon motion duly made and seconded, it was voted
to reclassify the Planning Board, School Sites Committee,
and Standing School Building Committee as Regular Muni-
cipal Employees; and further voted to classify the Conser-
vation Conuuission as Regular Municipal Employees.
The Chairman read a letter, copy of which w as sent to
Town Counsel, from Mrs. Angela DeGrazia, 140 Pleasant Street,
relative to release of the sewer assessment levied on the
portion of her land taken by the Commonwealth.
Mr. Legro reported he has drafted the release but has
more information to obtain at the Registry. He"stated this
is a routine request and the parcel taken by the Commonwealth
is very small.
The Chairman said the Board would wait until it
hears from Mr. Legro and then process this.
# distinguishing between the acquisition of land which is
1
Mr. Higgins reported on bids on the resurfacing
contract, and recommended that the contract be awarded
to the lowest bidder, StarrettPaving Corp.
Upon motion duly made and seconded, it was voted
to award the contract for street resurfacing to Starrett
Paving Corp., at its bid of $40,600.00.
The Chairman read a letter from the State Department
of Public Works, in reply to the Board's letter requesting
certain changes in the timing and sequence Of the traffior
control signal at Bedford Street, Worthen Road, Camellia
Place and the Fire Station.
Mr. Colella reported that Mr. Carroll has already
contacted the people who put the original set of lights in.
The Chairman said the Board would wait until Mr.
Carroll or someone knows what the results are. It is up
to the Board to adopt this, if possible.
Upon motion duly made and seconded, it was voted
to adopt the following changes in the timing and sequence:
Seconds
Bedford St. A -B
Bedford St. C -D
Bedford St..F
Bedford St. E -G
Housings Minimum
35
G
G
G -RA
Worthen Rd. H -J -K
Camellia P1. L M
Fire Station N
R
FR
3
G
Y
Y -RA
R
FR
3
G
R
R -RA
R
FB
Ini. Veh. 7
Veh. Int. 5
Maximum Fire
20 3 4
G G Y
R R R/G**
R R R/Gi
R -RA R- Y/R*
RA
G Y R/G*
G Y Y/R*
FR FR R
Contract
Lane as
needed
R
R
R
G
The Chairman read a letter from the State Department
of Public Works in reply to the Board's letter of March 22,
1965, requesting a study to determine the necessity of in-
corporating pedestrian indications in the traffic control
signal located at the intersection of Lowell and Maple
Streets.
The Department of Public Works reported the following: Traffic
A four hour count of pedestrians at the subject
intersection recorded Friday, April 9, 1965,
from 7:00 A.M. to 9:00 P.M. and from 4:00 P.M.
to 6:00 P.M. show a total of 40 pedestrians.
The pedestrian count fails to approximate the
totals required for a pedestrian signal and the
location does not meet the Warrants on the basis
of its accident record. Therefore pedestrian
signals are not recommended to be added to the
existing traffic control signal installation
at the intersection of Lowell Street, Maple Street
and Winchester Drive.
172
Complaint
re Garfield
Street
Abanddined.
cars
Pine Knoll
Road sewer
The Chairman read Mr. Irwin's letter of May 7, 1965,
to the Planning Board, in reply to its letter relative to
certain zoning.violations.
The Chairman read a letter from Mr. Irwin reporting
on an investigation he made as a result of Mr. Francis T.
Worrell's complaint about conditions on Garfield Street.
Mr. Irwin reported that the area on which junk and derelict
cars have been dumped is owned by the Town.
Mr. Legro advised that the removal of abandoned cars.
is a very difficult subject, and the removal of the serial
number does not prove it is an abandoned car.
T" Mr. Sheldon asked if Mr. Legro meant the Town had no
protection over anyone abandoning used cars on Town pro-
perty.
The Chairman asked what would happen if the Board,
not knowing whose carthis is, had it taken away.
Mr. Legro replied if the Board documented the value
of the car as well as it could, it probably would limit
the responsibility of the Town.
The Chairman said the Building Inspector, in oo-op
eration with the Police, could try and find out the owners
and find someone to prosecute. If this is not possible,
the Board will take whatever legal steps are necessary.
The Chairman referred to letter, received last meeting,
from Mrs. Margaret F. MacCallum, 10 Pine Knoll Road, rela-
tive to connecting to the Bedford sewer line. He reported
these people can obtain, through their back yard, ane ease-
ment to connect to Bedford but the Town has an agreement
with Bedford.
Mr. Cataldo explained the Town would be.involved in
putting the trunk in Great Road, putting in the lateral
and then the service. If the Town eventually sewers Pine
Knoll Road, Mrs. MacCallum would not then want to pay a
betterment.
Mr. Legro advised that the Town of Bedford would make
a charge to Lexington under its contract. He also advised
if the Board was going to run a lateral up Pine Knoll Road,
it would have some difficulty assessing betterments because
the property would not be bettered.
Mr. Cataldo said he could not see that Mrs. MacCallum
would be getting the sewer that much sooner than if it is
included in next year's budget.
Mr. Sheldon asked.why this couldn't be solved the
correct way next spring.
Mr. Cataldo pointed out that is what the Board agreed
to do last week.
The Chairman read a.letter from Dana A. Regillo,
16 Laconia Street, in opposition to the closing of that
road. He referred to the Selectmen's Meeting on April 26,
1965, at which time Mr. A. Morris Kobrick, attorney, re-
presenting the Lex -Land Construction Company, met with
c
cl306.1
1
1_ r 3
the Board, and asked if at that time it wasn't left that
the attorney would go to the County.
Mr. Legro said they went to the County and received Laeonia
the information that the Commissioners felt they had no Street
authority to do anything further on the petition of indi-
viduals at least. If they were to have any jurisdiction,
it would have to come by way of petition from the Board
of Selectmen. He said Mr. Kobrick recited some legal
theories that this was going to be ofbenefit to the
Town to remove Laconia Street as a traffic hazard and
that the statutes authorized towns to discontinue private
ways. He asked Mr. Kobrick for further information be-
cause he thought they had different interpretations of
what the statute means by private way. He said usually
it means ways open to the public that are different than
Town ways because they are used by the people who benefit
from them. He said it does not, in his opinion, give the
Town any right to go on private land, as this appears to
be, and close up someone's private way. When the County
abandoned Laconia Street, it abandoned it as a public way
but left it open as a private way for public travel.
Mr. Sheldon said that area is owned by people who
own both sides of it.
Mr. Legro said that was right, but Massachusetts
Avenue is owned by the people on both sides, but the
Town has an easement for street purposes.
Mr. Cataldo explained the people at the other end
of Laconia Street have a right of way over it.
Mr. Sheldon said only because it has been used that
way.
Mr. Cataldo said, and, because of this, the builder
can't build on it.
The Chairman asked what the Town could do to get this
land all back to one owner.
Mr. Legro replied the land is all in one owner now,
and before he goes into any further discussion, he would
like to receive an answer back from Mr. Kobrick, He ex-
plained any action taken by the Town should follow action
taken to provide some other access to the homes up there
such as laying out a way to provide access to those homes.
He said the owners periodically post the land.
The Chairman read a letter from Mr. Irwin with r efer-
ence to proposed construction at the junction of Lowell
and Woburn Streets by the Lex -Land -'onstruction Company
and said the application is only for Building One, the
larger of the two buildings. The parking area require-
ments have been checked and the Engineering Department has
indicated there are enough provided. He pointed out
that the Building Department has ten days in which to
approve or disapprove the application, and there is
nothing wrong with the proposed construction.
Mrs. Hagedorn, Mr. and Mrs. Hudson and several
other people from the area were present at the meeting.
174
The Chairman advised the group that Mr. Cataldo
had cancelled a trip to Cape Kennedy so that a majority
of the Board would be present, otherwise it would not
have been possible to act on the agenda; He said he
did not know in time that the other two members of the
Board were going on the trip to cancel the meeting.
Mr. Sheldon said the application is in order and
has to be approved within ten days. If the man is
willing to withdraw it on the theory the Board would
support him in closing the street and he is willing
to wait until the necessary steps are taken, then if
it is all successful, he can build on the lot as one
piece.
Mr. Cataldo asked about extending the time for
thirty days and inviting the builder to meet with the
Board to see if this can be all one parcel.
Mr. Sheldon asked if the Board vould extend the
time for thirty days.
Mr. Legro asked what the grounds for extension would
be.
The Chairman said in the public interest.
Mr. Legro said he was not clear as to what was meant
by public interest.
Mr. Cataldo said if the appointment with the Board
was made for next Monday, it would still be within the
ten days.
The Chairman asked what the time element would be
if the Board petitioned the County.
Mr. Legro advised that, assuming some of the facts
Mr. Kobrick gave to him were incorrect, or his, Mr.
Legro's, interpretation as to the facts are incorrect
so action would be taken to close Old Laconia Street,
before the Board can do that, it has to lay out New
Laconia Street and maybe construct it so there will be
access for those homes.
Mr. Cataldo said the builder agreed to do this.
Mr. Legro advised he can't do it. He said if the
Town were to lay out and construct some other access,
or to lay out the existing new Laconia Street, it would
take a Town Meeting to do it.
Mr. Catalso said this man has owned this land for
several years and he was sure he would wait.
Mr. Legro suggested that he talk to him through
Mr. Kobrick this week and find out what his position is.
The Chairman asked if the Board would do this through
Town Counsel.
Mr. Legro said he would talk to Mr. Kobrick tomorrow
if he can get him.
Mr. Sheldon skid this may lead to the owners coning
in next Monday night which will not be necessary if it can
be handled otherwise.
ot
c
175
Letter from residents of the Woodhaven area, to the
Conservation Commission, relative to the purchase of land
bounded by the Woodhaven area and Route 2 by the Conser-
vation Commission, was noted and placed on file.
Upon motion duly made and seconded, it was voted
to appoint the following individuals to the Lexington
Police Department as Patrolmen, effective June 4, 1965,
at the rate of $5230 per year, pending approval of the
Division of, Civil Service: Police
Appointments
Donald J. Rycroft
Philip P. Spencer, Jr.
Donald W. Birch
Stanley E. Robbins, Jr.
2227 Mass. Avenue
65 Cary Avenue
1 Sherman Street
12 Stedman Road
The Chairman read a letter from Kenneth M. Knobel,
Captain of the Lexington Auxiliary Fire Department,
relative to a proposed Firemen's Muster as part,of the
Lexington Lions Club observance of July I, 1965. The
Board had no objection.
Letter from the Massachusetts Selectmen's Associ-
ation Flag Day Committee was referred to the Town
Celebrations Committee.
The Chairman read aninvitation from
Wetmore, Troop Committee Chairman, Troop
Scouts of America, to attend Eagle Scout
June 1 at the Hancock Church.
Donald C.
#119 Boy
Awards on
Upon motion duly made and seconded, it was voted
to have Mr. Burnell represent the Board.
Upon motion duly made and seconded, it was voted
to renew Garcelon Associates' Intelligence.Office
License for a term expiring May 1, 1966,
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting
held on May 10, 1965.
Mr. Cataldo referred to the Rindge Avenue taking
and said the Board should authorize Town Counsel to
start proceedings.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro, Town Counsel, to start the
necessary legal proceedings relative to acquisition of
all or any part of a parcel of land situated on Rindge
Avenue, authorized by vote of the Annual Town Meeting,
March, 1965, under Article 33.
Application for use of Estabro4 Hall for an execu-
tive meeting was received from the Executive Committee
of the Citizens for Lexington Youth. Use
Firemen's
Muster
Flag Day
Scout
awards
License
Minutes
Rindge
Avenue
of hall
176
Upon motion duly made and seconded, it was voted
to grant the use of the hall, free of charge, subject
to the meeting being open to the public.
The Chairman referred to the appointment of a
1975 BiCentennial Planning Committee, and recommended
that it consist of a member of the Board of Selectmen,
the Planning Board and the Town Celebrations Committee.
He suggested appointment of these three with powers to
Committee expand on approval of the Board of Selectmen.
Upon motion duly made and seconded, it was voted
that the Chair be authorized to appoint a 1975 BiCentennial
Planning Committee to consist of the Chairman of the Board
of Selectmen, a representative from the Planning Board and
a representative from the Town Celebrations Committee.
The Chairman read a letter from the Town Treasurer,
Miss McDonough, advising it is necessary to borrow
$200,000.00 for Massachusetts Avenue widening, and listing
the bids. received.
Upon motion duly made and seconded, it vas voted
to approve the bid of 2.90% at 100.159, submitted by
the First National Bank of Boston.
Upon motion duly made and seconded, it was voted
that the sale of the $200,000.00 2.90 per cent Street
Bonds Bonds (Nos. 1 to 40) of the Town dated June 1, 1965*
payable June 1, $20,000.00 in 1966 to 1975 to the First
National Bank of Boston at the price of 100.159 and
accrued interest is hereby confirmed.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
Executive cussing, deliberating, or voting on matters which, if
Session made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following discussion with Mr. Blaisdell, Chairman
of the Appropriation Committee, and Saddle Club Road,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
Meeting to meet on Tuesday, June 1, 1965, Monday being a holiday.
Upon motion duly made and seconded, it was voted
to adjourn at 9:24 P.M.
A true record, Attest:
Clex(k,` Selec men
177
SELECTMEN'S MEETING
May 2 4., 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, May 2k, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were
present. Mr. Legro, Town Counsel, Mr. Colella, Assis-
tant Superintendent of Public Works, Mr. Higgins,
Assistant Town Engineer, Mr. Gray Executive Assistant,
and Miss Murray, Executive Clerk, were also present.
Hearing was declared open upon notice of intention
of the Board to alter and relocate Barrymeade Drive
from the existing northwesterly terminus of Barrymeade
Drive to the land of.Joseph F. and Rosana Buse. Barrymeade
Notice of the hearing was served on the abutters, Drive
as they appear on,the most reeent tax list, by Constable.
The Chairman read a letter from the Planning Board
setting forth that Board's recommendations in favor of
the proposed Barrymeade Drive alterations.
Mr. Bryson, Chairman of the Planning Board, said
the map shows the preliminary layout of the street which
shows two right angles, and he thought half of the
people in the subdivision will find it more convenient
to go out the other two exits onto Lincoln Street. He
stated there will be fifteen homes that will use Barry-
meade Drive if it is extended. He said they will not
be able to travel very fast because of the two right
angle curves and this is a much safer layout for the
people in the new subdivision.
The Chairman said he felt the development should
start at the other end.
Mr. John Broderick, 1 Barrymeade Drive, said as
a resident of Barrymeade Drive the objection he takes
is not on the basis of the traffic that will flow on
Barrymeade Drive but that which will flow into Five
Forks and he took exception to this being a better alterna-
tive. He said an access would have more vision than Five
Forks has now. The discussion is about forty lots or
something like sixty additional cars that will exit onto
Five Forks every morning and try and get through every
evening. If the choice was made on the question of
safety only, he took exception to that. He thought
the addition of a new access on Marrett Road at this
point is a lot more visible than Five Forks, and he
thought it would reduce the hazard that exists at Five
Forks now because people will use the alternate route.
He said the traffic flow will be spread over two or
three areas and Five Forks is too small to handle the
traffic now. He said if this choice has been made on
178
a safety angle, he did not think it is a good one.
The Chairman said he did live in the area at one
time and is familiar with the location.
Mr. Broderick said there is already an access on
2A which will be closer to Route 128. than the one sug-
gested on the plan. He said Five Forks was a bus stop
and has become a hazard.
Mr. Burton Harrison, L. Barrymeade Drive, said Mr.
Broderick was representingall the people from Barrymeade
Drive.
Mr. Bryson said the curve where the alternate route
would come out onto Marrett Road is actually greater than
shown on this map. He said it is a blind corner although
it does not look like it on this map and people coming
from the Air Base would not be able to see cars. He said
he appreciated that Five Forks is becoming more hazardous
as more traffic flows through it. He said the Board does
not have authority to put up stop signs or ligits but has
to get approval from the State, and if enough people are
concerned, some action may be taken.
Mr. Broderick said traffic comes out of 128 and does
not slow down until it hies Five. Forks. He thought it
is far more visible than what is now going on at Five
Forks. He said he would make this new street a straight
run c®ming up to Marrett Road with a stop sign, and he
thought it would be a lot safer than the conditions exist-
ing at Five Forks..
The Chairman asked if there would still be objection
to this if construction were started at the other end.
Mr. Broderick replied they have no objection to start-
ing at the other end. His concern was pouring all this
traffic through Barrymeade into Five Forks. He said he
thought more access was needed to Marrett Road. He said
from the point of view of the developer, this may not be
a pleasing prospect, but hefelt more access to Marrett
Road is needed.
The Chairman, addressing the Chairman of the Planning
Board, asked if it made any difference to the developer
which way it goes.
Mr. Bryson replied he was not sure but he thought it
would not.
The Chairman said the point considered by the Planning
Board was safety.
Mr. Burt Nichols asked if the Selectmen would ask
the Town Meeting for an appropriation.
The Chairman replied the amount recommended is $500•
Mr. Legro explained the appropriation is for land
acquisition.
The Chairman stated the $500 will be to acquire a
triangle -shaped piece of land that stops any progress
through there. He said this has to be acquired and is
now owned by an abutter.
Mr. Nichols asked if this would be a majority vote
179
or a two-thirds vote.
Mr. Legro advised it is a majority vote.
Mr. Broderick submitted a petition in opposition.
The hearing was declared closed and the group re-
tired at 7:50 P.M.
Later in the evening the proposed alteration and
relocation was discussed.
The Chairman recommended that the Traffic Study
Committee take a look at the Five Forks problem itself.
Motion was made that the Board support the position
taken by the Planning Board.
Mr. Burnell asked if it wouldn't be well to let the
Planning Board take a look at this.
The Chairman advised that the Planning Board has
taken a hard look at this.
Mr. Burnell asked if the Chairman thought the
Planning BoarcLmmld change its thinking.
The Chairman replied in the negative. He pointed
out every time there is further development in the Town,
people are either hurt or fear they are going to be
hurt and protest. In the final analysis things don't
turn out to be as bad as they think it will be.
Mr. Mabee sild he would be in favor of the Planning
Board's recommendation.
Upon motion duly made and seconded, it was voted
to alter and relocate as a town way Barrymeade Drive
from the existing northwesterly terminus of Barrymeade
Drive to the land of Joseph F. and Rosina Buse.
Upon motion duly made and seconded, it was voted
to sign an Order for the alteration and relocation of
Barrymeade Drive in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Massachusetts
Town of Lexington, Selectmen's Room
At a meeting of the. Board of Selectmen of the Town
of Lexington, after having given due written notice of
the intention of said Board, as required by law, to alter
and relocate as a town way Barrymeade Drive from the exist-
ing northwesterly terminus of Barrymeade Drive to the land
of Joseph F. .and Rosina Buss, all as hereinafter more fully
appears, and after public hearing thereon held on May.24, 1965,
Now upon consideration of the matter it is
ORDERED: That this Board of Selectmen is of the opinion
that public necessity and convenience require that said
Barrymeade Drive be altered and relocated as a public town
way, and that the same is hereby altered and relocated as
a public town way respectively as follows:
The alteration and relocation of Barrymeade Drive
begins at a point in the easterly side line of Barrymeade
Drive, said point being northerly and distant 59.23 feet
180
Tax title
from the northerly terminus of a curve of 50,00 feet
radius, thence N 13° 41' 50" W distant 32.28 feet to
a point, thence S !+3° 34' 00" distant 59.45 feet to a
point, thence S 13° 1}].' 50" E distant 0.12 feet to .a
point, thence bearing to the right with a curve of
40.00 feet radius distant 53.93 feet to the point of
beginning, all as shown on a plan entitled "Plan of
Alteration and Relocation of Barrymeade Drive, Lex-
ington, Mass., Scale 1" = 10' May 6, 1965, John J.
Carroll, Town Engineer".
Said Barrymeade Drive is hereby altered and relocated
as shown on a plan entitled "Plan of Alteration and Reloca-
tion of Barrymeade Drive, Lexington, Mass., Scale 1" = 10'
May 6, 1965, John J. Carroll, Town Engineer", which plan
is on file in the Town Clerk's Office in the Town Office
Building and a copy of which will be recorded with
Middlesex South District Registry of Deeds with a copy
of this Order.
And said Board having considered the question of
damages sustained by the owners of lands across and through
which said ways have been laid out and established as
aforesaid, hereby determines that no damages are sustained
and no damages are awarded.
/s/ Lincoln P. Cole
/s/ Robert Cataldo
/s/ Levi G. Burnell
/s/ I. H. Mabee
/s/ George C. Sheldon
Selectmen
of
Lexington
Mr. Legro said the Board would recall some time
earlier in the year, he spoke about tax title Lot 13,
Hazel Road, that the Selectmen voted to sell and convey
to Sharkey some years ago. He reported he had checked
the record and prepared the deed. The vote was taken
December 17, 1957, at which time the taxes were apportioned
for the balance of that year and there was eighty-seven
cents in taxes collected. The Board has a choice whether
to comply with that agreement or treat the deed as being
given today and apportion this year's taxes. Be said he
had prepared the deed to be executed pursuant to an agree-
ment entered into in 1957 and leave it as it was at that
time.
Upon motion duly made and seconded, it was voted
to execute the deed, prepared by Town Counsel, conveying
tax title lot 13 Hazel Road to Mr. John A. Sharkey.
181.
The Chairman read a letter from Mr. Samuel F. Parker,
of the Lexington Federal Savings and Loan Association,
with reference to a sewer easement taken through land of Sewer ease -
Lawrence F. and Dorothy C. Covert. ment
Mr. Higgins reported that a previous letter had Covert land
been received from Mr. Parker which the Clerk answered
and he was sent a plan of the easement. He then sent
a man down to the Engineer's Office stating that he
wanted a plot plan. He was told that there was no plot
plan available. He told the Engineer he had a plot
plan and it was agreeable .for the engineers to plot it
from the bank's plot plan. Then this letter was received
when they discovered they did not have a plot plan. He
said he could have a plan made up that he was sure would
satisfy Mr. Parker, but it will entail. a $150 survey, which
he thought would be part of the damages. He said Mr.
Parker only wants to know Where the house is in relation
to the easement. He said the house is 250 feet away from
the easement.
Mr. Legro said he could be given a plot plan showing
the approximate location of the easement.
Mr. Higgins said the engineering department knows
where the easement is but it does not know where the
house is. He said Mr. Parker does not know where the
housecis and that is the problem.
Mr. Legro said he would talk to Mr. Parker and see
if the problem can be resolved.
Copy of letter from the School Sites Committee to
Town Counsel relative to an article in the warrant for
the June 7, 1965 Special Town Meeting, was received.
Mr. Legro explained it is merely a suggestion as
to the form of the motion. Article
Mr. Gray said this was more for information than
anything else.
Mr. Cataldo abstained from any discussion.
The Chairman read a letter from Alvin Fiering,
66 Munroe Road, with reference to a sewer and drain
easement taken through lot 55 Munroe Road, requesting Sewer and
the Board to reconsider and make a reasonable offer drain ease -
of compensation for damages. ment-Fiering
The Chairman asked if it was the practice to re- land
seed lawns.
Mr. Higgins replied that would be done. He ex-
plained they are in the middle of construction now and
the final condition of that property will be returned
to a lawn.
The Chairman said the temporary road would be
nonexistent after the construction.
182
cr
Mr. Higgins explained, with reference to the
drainage, that there is a small pond in the back of
the property, not on Mr. Fiering's land, and before
the job is completed, it will be filled in.
The Chairman said all the action taken would
leave the property in its original state.
Mr. Higgins stated it will be better than the
original state and an appraisal has been made. He
said Mr. Fiering's main reason for writing the letter
was to protect his rights.
Mr. Sheldon suggested that the Chairman advise
Mr. Fiering things would be reconstituted.'
The Chairman asked if any member of the Board wished
to reconsider and no one did.
The Chairman said he would write Mr. Fiering to the
extent of the conversation.
Letter was received from the State Department of
Public Utilities with reference to Chapter 370 of the
Excavating Acts of 1963 which prohibits issuance of permits to
public ways contractors to excavate in the public way, except in
an emergency, until copies of notice to the utility
companies are filed by the applicant with the local
authority having jurisdiction prepared.
Mr. Colella stated -he had a reply prepared for
the Chairman's signature and he was notifying all
contractors.
Mr. Legro advised that all Town contracts make
reference to this statute.
Complaints
The Chairman read a letter from John E. Nickles,
54 Blake Road, and Dexter 0. Fisher, L18 Blake Road,
requesting extension of the sanitary sewer to serve
their houses.
Mr. Higgins advised this extension woiiild be an
item for next year's budget and he would have an esti-
mate of cost prepared for signatures.
The Chairman read a letter from Mr. Donald K. Irwin,
Building Inspector, relative to the establishment of a
policy in regard to complaints.
The Chairman said this comes up every few years
and the past policy has been t:o reaffirm the idea that
complaints should be in writing.
Mr. Gray said if there is a policy, it should be
established. He explained that Mr. Irwin is not com-
plaining about answering complaints, but does not want
to investigate complaints not under his jurisdiction
and would like to tell people that the complaints will
be taken care of but must be in writing.
reaffirmed and if there is no policy, it should be
183
The Chairmansaid he would inform Mr. Irwin that
the Board reaffirms its position, relative to a policy
established some years ago, that all complaints should
be in writing if an investigation is to be made by him.
The Chairman read a letter from the Town Celebrations
Committee relative to placing a plaque, dedicated to the
men of the USS Lexington who were lost during the Battle Plaque
of the Coral Sea, on the Battle Green.
Mr. Burnell suggested that the plaque be placed in
a position of importande in the new Public Facilities
Building. He said he was opposed to continually adding
to the Green.
Mr. Sheldon suggested that`.the Board obtain an
opinion from the Lexington Historical Society and the
Historic Districts Comr.ibsion, the latter being in-
volved anyway.
The Chairman said it would be better to send both
organizations a copy of the letter and he would write
them for their comments.
Mr. Gray reported that Leslie York asked him to
bring up the subject of the loud -speaker system for
Cary Hall which will cost $349.70, including installation.
Mr. Burnell said he understood the equipment was to
be rented.
The Chairman stated that Mr.Newman, who conferred
with Mr. York, is one of the leading acoustical men in
the State and what he recommended would cost this amount.
He also advised it would solve the problem.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $350 from the Reserve Fund to the Town Offices
and Cary Memorial Building Expenses Account.
W. Gray left the meeting at 8:23 P.M. to meet
with the Appropriation Committee.
The Chairman read a letter from the Lexington Chapter
of the American Field Service relative to a letter from Japanese
Masao Hirakawa, a Japanese boy, who desires to dtudy in student
the United States.
The Chairman said he would advise the boy of what
action has been taken by the Board in an effort to assist
him.
Letter was received from the Town Celebrations Com- Memorial
mittee inviting the Board to participate in the obser- Day
vances of Memorial Day, May 31, 1965.
184
Letter was received from the Town Celebrations Com-
mittee inviting the Board to participate in the observance
of Memorial Day, May 31, 1965.
Upon motion duly made and seconded, it was voted
to issue Liquor Purchase Identification Card to George
I.D. Card Petbinelli, Jr., 51 Bridge Street, d.o.b. March 17, 1944,
a Certificate of Voter Registration having been submitted
as required.
The Chairman referred to his appointment to the
Planning Board Study Committee which he said was in
Planning relation to the long term planning voted at the last
Board Study Town Meeting.
Committee Mr. Cataldo explained the composition of the com-
mittee.
The Chairman appointed W. Sheldon to represent
the Board of Selectmen.
The Chairman briefed the Board on the composition of
the Hanscom Field -Lexington Community Council and re-
commended appointment of the Chairman of the Council,,
Director of Civil Defense, former Selectman Adams and
Community one other member.
Council Mr. Cataldo said he thought Mr. Brown would like
to continue as a member.
Upon motion duly made and seconded, it was voted
to designate the follbwing individuals to represent
the Town of Lexington on the Hanscom Field -Lexington
Community Council: Lincoln P. Cole, Jr., Chairman
of the Board of Selectmen; Alan G. Adams, former Chairman
of the Board of Selectmen; Otis S. Brown, Jr., former
Selectman; Arthur E. Burrell, Director of Civil Defense
and Raymond E. Barnes, Chairman of the Town Celebrations
Committee.
Licenses
Minutes
Upon motion duly made and seconded, it was voted
to renew Ted Cody's Guide License.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to Alfred Doerfler, 31
Houlton Road, Bedford, satisfactory character refer-
ences having been received from the Chief d Police.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
May 17, 1965, as amended.
Messrs. Higgins and Colella retired at 8:38 P.M.
co
1
185
Mr. Legro referred to letter received by the Board
on May 13, 1965 from Mrs. Angela DeGrazia, 140 Pleasant Release of
Street, requesting release of sewer betterment on portion betterment
of her land taken by the Commonwealth. He submitted an
instrument to be executed by the Board.
Upon motion duly made and seconded, it was voted
to execute instrument prepared by Town Counsel releasing
from the lien securing a sewer betterment assessment on
that part of the land of Dominic N. DeGrazia et ux on
Pleasant Street that is within the State Highway Location
as altered on February 25, 1964.
The Chaaaman read a letter from the Lexington Chamber
of Commerce relative to the site decided upon for erection Public Faci
of the Public Facilities Building. The letter also lities Bldg
stated that the Town should consider the practice of other
historical towns where town funds are appropriated each
year to help finance the expense of publicizing and properly
taking care of visitors.
The Chairman read a letter from the Lexington Choral
Society Anniversary Committee requesting approval of the
Board for a brief ceremony at the Lexington Green which
would consist of releasing a few balloons on Saturday Choral
afternoon, June 5. Society
The Board did not express any opposition. Anniversary
The Chairman felt permission for this activity would
establish a precedent and it would be more difficult
in the future for the Board to draw the line. He said he
thought there would be ramifications.
Mr. Adams, a former member of the Board, agreed with
the Chairman and stated that various requests, not exactly
of this particular type, had been refused by previous Boards.
Upon motion duly made and seconded, it was voted
to grant the Lexington 'Jhoral Society permission to
conduct the proposed activity on the Buckman Tavern land,
the area used by the Lexington Arts and Crafts Society
for its annual exhibit.
Mr. Temple Scanlon met with the Board and stated he
had spoken to the Chairman about a group known as Accion
which is a private peace corps group. There is a group
of about thirty students -going to South America:. who will
be at Tufts College from June 20, 1965 to June 30, 1965,
and would, like to spend some time in Lexington with the
Public Works Department, Selectmen's Meeting, and would also
like to arrange a Town Meeting. He stated as soon as he
received a final schedule, he will make a formal request
to the Board.
186
The Chairman said the Board and the departments would
co-operate.
The Chairman reported a telephone call received from
Mr. Clancy, Cabot, Cabot & Forbes, stating that the Lex-
ington Jaycees have requested permission to use land on
Circus Hartwell Avenue for a circus. The company did not want
to --grant permission until it found out whether or not the
Board would have any objection.
The Board had no objection.
At 9:00 P.M., the Planning Board met with the
Selectmen.
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 in connection with Emerson
Road and Laconia Street, it was voted to resume the open
meeting.
Mr. Bryson said he would like to make the Board aware
of the Planning Boards ideas in connection with Emerson
Road that will be presented to the informational meeting
Thursday night and at Town Meeting. He submitted a snap
showing connection from Grove Street to Last Street. He
explained that the piece of the road from East Street to
Grove Street divides itself into ten -sections; two of which are
built. He explained the reason for the hurry in the Lidberg
land is because if the Town does not acquire it, he can build
houses on Adams Street and in the future, it would be most
costly to the Town. The Planning Board does not have plans,
at the present time, to build that stretch. He said he did
not see this road being completed to Grove Street for ten
or fifteen years.
With reference to Laconia Street, the Chairman said
all the Board could say is that it is negotiating with
Laconia the owners through their attorney and that the Board did
Street extend the time in which the Building Inspector can issue
a permit for another ten days. He said the Board would
explore every avenue it can to come to an amicable solution.
The Planning Board and Mr. Legro retired at 10:10 P.M.
Mr. Gray reported that the Appropriation Committee
had approved a transfer of $160 from the Reserve Fund to
the Selectmen's Expenses Account for the order forms he
Transfer has requested -in connection with the purchasing system
he intends to put into effect throughout all Town Depart-
ments.
Cc:
1
1
184
Mr.Gray reported that the Appropriation Committee
had approved the transfer of $600 from the Reserve Fund Transfer
to the Accounting Department - Expenses Account to rent
a billing machine for that department for six months.
Mr. Gray reported th&t the Appropriation Committee
had aprroved the transfer of $783.50 from the Reserve Transfer
Fund to the Cary Memorial Library - Expenses Account to
pay for installation of overhead wires from Muzzey
Street over Raymond Street to the library.
Mr. Gray reported that the Appropriatinn Committee
had approved the transfer of $150 from the Reserve Fund Transfer
to the Inspection Department- Personal Services budget
to pay the Plumbing and Gas Inspector who substituted for
Mr. John B. Byrne during his recent illness.
Mr. Gray reported that the Appropriation Committee
did not approve the transfer of X350 for installation Transfer
of a public speaking system in Cary Memorial Hall.
Mr. Gray reported that the Appropriation Committee
discussed the matter of a meter man and the Committee
thought it was a good idea. Lieutenant Corr would like Meter man
to hire the meter man as soon as possible and has suf-
ficient funds in his budget.
The Chairman said the Board could give him the posi-
tion, but the hiring of this individual should be on his
recommendation by the Board.
Mr. Gray stated the TMMA has prepared diagrams of
the land exchanges and would like to see this used for
information of the TMMA. It is basically what the Select-
men showed at the Annual Town Meeting. The association
wants permission from the Board of Selectmen to have the
Engineering Department prepare these so they can be dupli-
cated.
It was left that Mr. Gray would work this out.
Mr. Gray read a proposal on the land sale on Waltham
Street, between the Manhattan Building and Anthony's, Land sale
Upon motion motion duly made and seconded, it was
voted to approve the proposal, as amended.
Mr. Gray submitted information to the Board rela-
tive to sanitary code requirements of the Town of Lex-
ington vs the Sanitary code of the State and explained Sanitary
the Town standards at the present time exceed the State code
requirements.
Mr.Gray was requested to arrange a meting with
Mr. Zaleski and the Board of Health.
188
Mr. Gray said the 1.1.-H Horse Club would like to
use Willards Wooes for a Horse Show and Mr. Mazerall
has stated the decision should be made by the Board.
He said the problem is they charge admission, and as
this is recreation and park land, admission cannot be
charged.
l.1. H Horse The Chairman stated the Board could grant per -
Show mission with the stipulation that the Club cannot
charge admission but may accept donations. It is also
to be clearly understood that therewill be no equipment
taken onto the property.
Upon motion duly made and seconded, it was voted
to go into Executive Session for thepurpose of dis-
cussing, deliberating, or voting on matters which, if
made public, might adversely affect the public security,
the financial interest of theTown, or the reputation of
any person.
Following discussion pertaining to a police matter,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:50 P.M.
A true record, attest:
1
189
SELECTMEN'S MEETING
June 1, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Tuesday, June 1, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Legro, Town Counsel, Mr. Colella, Assistant Super-
intendent of Public Works, Mr. Higgins, Assistant Town
Engineer, Mr. Gray, Executive Assistant, and Miss Murray,
Executive Clerk, were also present.
Mess Mary R. McDonough, Town Clerk, met with the
Board for the drawing of three jurors. The following Jurors
individuals were drawn for jury duty: Jack L. Mitchell,
16 Beaehtree Road, Herman A. Speh, L. Constitution Road,
and John J. Cox, 17 Burlington Street.
Miss McDonough retired.
Mr. Legro stated he had prepared a contract for Engi-
neering Services between Whitman & Howard and the Town
of Lexington for the sewer force main in North Lexington. Contract
Upon motion duly made andseconded, it was voted
to execute the contract as submitted by Town Counsel.
Mr. Legro stated he had prepared a contract for the
collection of garbage for the next three years in which
there is one technical error in the Certificate of In-
surance, but he would hold the contracts. Garbage
Upon motion duly made andseconded, it was voted contract
to execute the contract between Stanley Roketenetz, Inc.,
159 New Boston Street, Woburn and the Town of Lexington
as submitted by Town Counsel. Mr. Legro agreed to retain
all copies until the technical error in the Certificate of
Insurance is corrected.
Mr. Legro stated he had prepared a contract for
street work - resurfacing streets in the Town between
Starrett Paving Corp. and the Town.
Upon motion duly made and seconded, it was voted
to execute the contract between Starrett Paving Corp.
and the Town as submitted by Town Counsel.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on May 2L,1965.
The Board's attention was called to the fact that
the Town Bounds must be perambulated this year.
Contract
:190
The Chairman requested the Clerk to arrange the
time and dates in September with Mr. Carroll, Super-
intendent of Public Works.
Mr. Legro said he would like to arrange an appoint
Motions' ment with the Chairman and Moderator to review the motions
Meeting for the Special Town Meeting a week from last evening.
He set a tentative appointment for Friday at 9:00 A.M.,
but if the Moderator will be unable to attend, he would
arrange a meeting for Saturday at 9:00 A.M.
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Choral Society to
Use of use Cary Hall on July 14, 16, 17 and 18 free of charge,
hall but subject to a fee of $3.46 per hour for custodian's
overtime services.
The Chairman read a letter from John King, 67 Shade
Street, requesting an abatement of the sewer house con-
nection charge.
Mr. Colella explained that Mr. King called in Febru-
ary and apoke to Mr. Carroll, at which time Mr. Carroll
agreed to deduct the overtime incurred because the men
could not locate the chimney. There was an engineering
error in the location of the chimney. He said as far
as the remainder of the chimney is concerned, there is
no justification for an abatement.
The Chairman said all the houses mentioned in Mr.
King's letter are reasonably the same distance fr am the
street.
Mr. Colella said if he went down the street one more
house, there is one charged $310.21.
Mr. Colella explained after the job was started, Mr.
King asked to have stone put under the pipe. That was
$16.00. He explained some of the people to whom Mr. King
referred in his letter,ut the loam back themselves. How-
ever, Mr. King received $30 worbh of loam. Furthermore,
because he asked for stone after the job was started, addi-
tional work was involved. He said the two hours' overtime
amounts to $41.16 and according to the note Mr. Carroll
made, Mr. King said he would think it over.
Upon motion duly made and seconded, it was voted
to abate $41.16 overtime charge made to John King, 67 Shade
Street, incurred connecting his house to the sanitary sewer.
The Chairman asked Mr. Colella to prepare an itemized
statement so that he could properly answer Mr. King's claim.
The Chairman read a letter from Joseph Rosen, 6 Marlboro
Rosen Road, with reference to damage he claims to have occurred
Claim to his property due to the sewer easement.
c..)
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Mr. Higgins said he had spent three times as much
time as he usually does on easements talking to Mr. Rosen.
He reported there are about twelve large pine trees and
it was originally thought that four or five would have
to be taken, but only one was taken and the rest left.
At the time it seemed to be satisfactory to Mr. Rosen.
He explained the Town does have the right to take down
all the trees in the easement when the taking is made
but tries not to. He said he looked at the reseeding
of the lawn and it is in much better condition than it
was before and he had taken pictures before it was re-
seeded. He said the grass has not grown as it normally
would because of the pine trees. He reported the cess-
pool was damaged. He stated the position of the houses
in the area caused a great deal of concern. The Town
could have put the sewer in the street doing no damage
to the back of the lots, but it spent an additional
$5,000.00 to put a sewer main in back of the lots know-
ing the cesspools would be hitt' to make it easier for
the people to connect when the sewer is available. He
said he would stand behind the work done.
Mr. Cataldo asked when the people would be able to
connect to the sewer, and Mr. Higgins replied about July
first. He said it is hoped these people will connect
to the sewer.
Mr. Mabee asked if there were any problems in the
meantime, and Mr. Higgins replied none that he could see.
Mr. Higgins said he could go up and showLMr. Rosen
the pictures taken before the work was started.
The Chairman instructed Mr. Higgins to see Mr. Rosen
and then report back to the Board.
Upon motion duly made and seconded, it was voted
to grant the Mystic Valley Gas Company permission to lo-
cate a six-inch welded steel gas main in Hill Street
providing the extension conforms to specifications of
the Public Works Department.
At 8:00 P.M., members of the Conservation Commission,
School Sites Committee and Standing School Building Com-
mittee met with the Board.
Mr. Francis W. K. Smith, of the Conservation Com-
mission, stated that the Board, at its meeting on May 3,
classified three or four different committees as Regular
Town Employees. He said five persons on three of those
committees are affected by that classification and want to
be classified as SpecialEmployees.
Mr. Smith advised that Gordon Steele, Chairman of the
School Sites Committee, if left as a Regular Employee,
would be in violation as he is President of Uniflow which
191
Gas main
192
services equipment to the schools in Town. He advised
that Thomas Taylor, lawyer and a member of the Standing
School Building, would be affected, who at the moment, is
representing a client interested in making arrangements
with the Town concerning entrance to the parking lot at
Waltham Street.
Mr. Smith said he does have many clients in Town and
has occasion to want to appear before the Board of Appeals
and Planning Board. He alio said Mr.Lund and Mr. Ells
are with a law firm who represents a salt a company and
the Attorney General has brought suit against tit company.
He explained, should Lexington be one of the Towns named,
the firm would be in litigation with the Town and these
two attorneys would have to resign. Mr. Smith said these
Boards are a one transaction type and do not have large
budgets. There is notoriety in everything they do and
they feel the Board of Selectmen would be justified in
classifying them as Special Town Employees. He stated
that no other Town has classified the Conservation Com-
mission as Regular. He asked the Board to reconsider
classification of these groups.
Mr. Steele, speaking for the School Sites Committee,
said Mr. Lund would be affected under certain conditions.
He said the Committee does not purchase the land. It re-
commends to the Town Meeting that the Town Meeting vote
to acquire the land or not to acquire it. He said the
committee studies the problems and makes recommendations,
but the Town Meeting has far more to do with this purchase
of any land than the committee does. He said he hoped
the Board would reconsider this classification so the School
Sites Committee can continue to work until 1966 when it
will ask to be discharged. Otherwise, two or three members
of the committee will have to resign.
Mr. Thomas Taylor said if this ruling stands, he would
have to resign from the Standing Solaced)]. Building Committee.
He said that committee, since its organization, has tried
to have at least one attorney on it, and he thought that
was the reason he wasappointed. He said he doubted if
the Board could get a lawyer to go on now.
Mr. Sussman read a statement giving reasons for these
groups, particularly the Conservation Commission, being
classified as Special TownELnployees.
Mr. Aideh L. Ripley, also spoke and said he was probably
the least affected personally, but he would regret seeing
any of these men go out of service to the Conservation
Commission and to the Town.
The group retired at 8:17 P.M.
Upon motion duly made and seconded, it was voted
to reconsider the action taken by the Board on May 17, 1965
CO
cy
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1
1
1.9.3
when it voted to reclassify the Planning Board, School
Sites Committee, Standing School Building Committee and
the Conservption Commission as Regular Municipal Employees. Classifi-
The Chairman and Mr. Cataldo were recorded in oppo- cation
sition.
Upon motion duly made and seconded, it was voted
to reclassify the Planning Board, School Sites Committee,
Standing School Building Committee and Conservation Com-
mission as Special Municipal Employees.
The Chairman and Mr. Cataldo were recorded in oppo-
sition.
Motion was made that all Boards, other than the
Board of Selectmen, be made Special Municipal Employees.
The motion was not seconded.
Mr. Mabee said he was willing to reconsider everyone
but he would like a little time.
The Chairman asked that each member of the Board
be given a list of classifications that have been made
by the Board, and further consideration be given the
subject on June 14.
The Chairman read a letter from Loran E. Wallace
and Ernest W. Kitchen, offering $400 for tax title lots
50 and 51 Hillside Avenue. They recently purchased
lot 49 from Donald K. Irwin and would like these two Tax title
tax title lots to combine with lot 49, thereby having
a frontage on a legal street, Bruce Road.
It was the consensus of opinion that the offer was
inadequate. Mr. Gray was requested to bring in in-
formation relative to any betterments assessed against
these two lots.
Upon motion duly made and seconded, it was voted
to appoint the following individuals Auxiliary Police
Officers for terms expiring March 31, 1966; the list
having been approved by Acting Chief Corr:
SPECIAL POLICE OFFICERS
March 31,1965
Acheson, Eugene A.
Adams, Alan G.
Allison, Howard D.
C.D. Anderson, Carl
Baker, Ramon C.
Ballou, Sidney R.
Barrett, Elliott J.
C.D. Brunn, Ewart M.
Butler, Lawrence M.
March 31, 1966
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
Auxiliary
Police
194
SPECIAL POLICE OFFICERS (CONT'D.)
Cabral, Joseph E.
Calhoon, Albert J.
Colbert, Edward P.
C.D. Dearborn, Horace N.
Dearborn, Murray G.
Dooley, Henry W.
Dreselly, Andrew
Eriksson, E. Alden
Fifield, Donald M.
Finney, Charles A.
Flack, Clifford F.
Gagne, Maurice A.
Galvin, Russell P.
Howie, Colin A.
C.D. Jefferson, Charles E.
C.D. Jenson, Edmund M.
Johnson, Joseph S.
Jones, Cecil
Josephson, Harold W.
Kakas, Edward G.
Kleinberg, Edward F.
Lannquist, Arthur
C.D.Lewis, Raymond E.
C.D. MacDonald, Charles
Maloney, William E.
MacLean, Ralph D.
C.D. Moretti, Joseph A.
Murphy, L. Francis
Myatt, Robert
Nickerson, Benjamin
C.D. Pierpont, Wilfred D., Jr.
Polley, John D.
Prescott, Robert
Redman, James
C.D. Reed, Haskell W.
Reilly, John F.
47 North Street
104 Simonds Road
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
18 Middle Street
21 Cresceht Rill Avenue
14 Scotland Road
8 Alcott Road
L6 Fern Street
51 Spring Street
36 Woburn Street
33 Liberty Avenue
44 Locust Avenue
41 Moreland Avenue
153 Shade Street
11 Hancock Street
24 Bernard Street
289 Bedford Street
9 Spring Street
8 Rindge Avenue
5 Bennett Avenue
9 Sunnyknoll Avenue
81 Gleason Road
4 Taft Avenue
189 Wood Street
6 Forest Street
7 Dunham Street
72 Lowell Street
43 Downing Road
1
SPECIAL POLICE OFFICERS
Richards, Randall W.
Richardson, Earl W.
C.D. Ritter, Julius C.
Rogerson, William G.
Ruocco, Louis
C.D. Ryan, William J.
Samuels, Frank T., Jr.
Saunders, Robert W.
Seymour, Cyril V.
Shaw, James C.
Slader, Frederidk
Smith, Edward C.
Smith, Walter C., Jr.
Sorenson, Axel
C.D. Turner, Gerald C.
Walsh, James V.
C.D. Wilson, David L, Jr.
Wright, Glenn
Yewell, Paul G.
Young, Stanley R.
( CONT'D.)
67 Farmcrest Agenue
18 Winter Street
13 Pine Knoll Road
19 Homestead Street
28 Theresa Avenue
21 Grant Place
31 Grassland Street
295 Merrett Road
6 Paul Revere Road
24 Homestead Street
23 North Hancock Street
55 Taft Avenue
17 Coolidge Avenue
7A Revere Street
9 Hillside Terrace
152 Bedford Street
2L. Homestead Street
67 Simonds Road
6 Zeeland Terrace
86 Winter Street
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Joseph A. Belcastro, Auctioneer
William Bongiorno, Guide
Ernest A. Rogaris, Taxi Driver
John C. Galvin, Taxi Driver
Mrs. Ernest May, 3 Kimball noad, and Mr. Stanley
Phillips met with the Board.
Mrs. May said they represented a group of irate
citizens, the problem being dump trucks using Vaille
Avenue, which is a private way.
Mr. Higgins said there is a subdivision being put
in by a developer. He reported last week, he received
a call and he personally talked to the developer and
told him the Town had no way legally to stop him from
using Vaille Avenue, but asked if he would use antler
street. He reported that the contractor said he would
use another street and as far as he knew he did.
�� I �Caydq
Licenses
196
The Chairman asked Town Counsel what rights the Town
had in a private way.
Mr. Legro replied essentially none. He advised
that the Board had no jurisdiction whatever, in his
opinion, over private streets.
Mr. Sheldon asked if the police could post the street.
Mr. Legro replied no, not in his opinion, that the
Town does not have any control over the use of a private
way.
The Chairman asked if the abuttbrs had any control,
and Mr. Legro replied he was inclined to think they do.
He said if these people have private rights, it is not for
him to decide and is something for private counsel to
determine.
The Chairman said there is nothing the Board can do
officially, but it might convince the developer to use
another street.
Mr. Gray referred to the summer schedule for Board
meetings and stated that the Chairman had suggested
Summer July 12, 26, August 9, 16, 30 and September 13.
schedule The Chairman said he looked at the calendar and
thought this would work out and asked for a vote.
Upon motion duly made and seconded, it was voted
to hold regular Selectmen's Meetings on July 12 and
26, August 9, 16, 30 and September 13.
Mr. Gray said he talked to the Building Inspector
in regard to the extension of time on the Laconia Street
Laconia building permit, which will expire very shortly and the
Street Board will have to take some action.
Mr. Legro said it was left that the applicant
would agree to withdraw its application providing if
it should re -apply again before October 11, 1965 for
the same structure and locus as the present application,
the Board will not extend the time on which the Building
Inspector is required to act as provided in the By -Law.
He said they tentatively set that date giving them op-
portunity to apply for a permit and not require them to
act before the next Annual Town Meeting if the solution
of this problem required Town Meeting action. He said
the other condition was that the Planning Board would not
before October 30, 1965 issue notice of a hearing of re-
zoning without giving notice to them first as to its
intention to do so. By withdrawing the application,
they don't want to be put in a position of being deprived.
This is an attempt to find a satisfactory solution through
co-operation. They can apply within this period and if
they do, the Board of Selectmen will not agree to extend
co
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197
the time. The Planning Board is to give fourteen days'
notice in the event it does plan anything on rezoning and
a public hearing. He stated the other condition is that
the Building Inspector be, at the present time, under the
opinion that the present application meets Town require-
ments. He said this is his understanding from the In-
spector. He informed the Board that he had said he would
get positive assurance of that before he wrote to confirm
these.
The Chairman asked if the Planning Board had agreed,
and Mr. Legro replied in the affirmative.
The Chairman said Mr. Legro would check it out with
the Building Inspector and the agreement by the Board is
that it will not extend any further this time. He asked
when the application would be withdrawn.
Mr. Legro replied it is withdrawn as now subject to
approval of these conditions by the Board.
Upon motion duly made and seconded, it was voted
to accept the terms as presented verbally by Town Counsel.
Mr. Legro reported that they had spent the entire
morning exploring possibilities, but no satisfactory
solution has been arrived at. They have discussed re-
location of Laconia Street in one direction or another
and the Planning Board would like to consider both. He
explained that Mr. Kobrick's problem is he does not want
to get caught in a situation where the way is relocated
and a discontinuance of the existing way leaves him in
the same problem. He said some of the ways Mr. Kobrick
suggested earlier for discontinuing old Laconia Street he
is now taking a hard second look at, and is more inclined
to agree with Town Counsel's original position. He said
both he and Mr. Kobrick are exploring this.
Mr. Sheldon said Mr. Legro intends to pursue this and
asked if there was anything the Board can do.
Mr. Legro said Mr. Kobrick would pursue it as he is
very much interested in finding a solution. He said Mr.
Kobrick has some thought of a negative easement which he
did not like and suggested the possibility of taking the
normal procedure of altering and relocating the way and
then discontinuing the old way and maybe go through the
motion of taking a negative easement. Mr. Kobrick is
not sure he will be in any better position than they are
in now. Mr. Legro said he thought the withdrawal and
opportunity to do more work is good evidence of co-operation.
Mr. Bryson, Chairman of the Planning Board, came into
the meeting and read the following statement concerning
the width of proposed Emerson Road:
198
Executive
Session
The Board of Selectmen and the Planning Board
do not foresee any need for the width of pave-
ment on proposed Emerson Road between Grove
Street and East Street to be any greater than
thirty feet, which allows two lanes of traffic
and one curb parking lane.
On Hawthorne Road, which would eventually be
a part of the proposed Emerson Road, the two
Boards do not foresee any need to widen the
present twenty-four foot pavement unless the
residents there request it to allow curb park-
ing.
The Board of Selectmen agreed to the declaration
of intention and signed it.
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 relative to claims, agree-
ment with the Minute Man RealtyTrust and conference
with the Assessors, it was voted to resume the open
meeting.
Mr. Sheldon said there was an item on the draft
of an agenda, but not on the agenda this evening, and
Board of that was the appointment to the Board of Health.
Health The Chairman said an individual can serve until
appointment he is reappointed and he could not see that it would
serve any purpose appointing him at this time.
Mr. Sheldon said the Board has to live with these
people and should recognize some of these people have
given ten, twenty and thirty years of service to the
Town and he nominated Mr. R. L. katuillan.
The Chairman said the item was not on the agenda.
Mr. Sheldon asked if it would be on the agenda
for next Monday night.
The Chairman said if he wanted it on, he would
put it on.
Mr. Cataldo said he would like to discuss the
By -Laws, and submitted a report of a meeting held on
Friday with Acting Chief Corr, TMMA By -Law Committee
Chairman, Shirley Bayle, TMMA Officers Leslie York and
Mary Lou Touart. He reported that Mr. Carroll would
1
199
like to have two areas classified. He is interested
in the area of snow on sidewalks; Countrysiie the only
C-1 district included. He feels they should all be
included. He also would like to have clarified the
rules and regulations on the water and sewer department
set up by the Board of Selectmen rather than going
before Town Meeting. general
Mr. Burnell stated that the Committee understands By -Laws
this thoroughly.
Nor. Cataldo said these two departments are under
the Board's jurisdiction and these should be clarified
before going to Town Meeting.
Mr. Burnell stated the Committee has done what the
Pollee Department asked it to do.
Mr. Gray asked permission to have an IBM survey made
with reference to billing, posting and accounting.
Mr. Sheldon asked if this survey would lead to buy-
ing equipment or buying service.
Mr. Gray stated the survey will not cost any money
and the cost of the equipment will depend on what the
Town needs.
The Board had no objection.
Upon motion duly made and seconded, it was voted
to sign the following Orders for Construction of Sewers:
Flintlock Road from Red Coat Lane a distance of
390 feet, more or less, northerly;
Hayes Lane, from Fletcher Avenue a distance of
220 feet, more or less, southerly; Sewer
Lincoln treet from Marrett Road a distance of Orders
580 feet, more or less, westerly to BarryTeade
Drive;
Moreland Avenue from end of existing sewer a
distance of 110 feet, more or less, easterly;
Red Coat Lane from Flintlock Road a distance of
610 feet, more or less, easterly to Flintlock
Road;
Vine Street from existing sewer at #59 a distance
of 100 feet, more or less, easterly.
Upon motion duly made and seconded, it was voted
to sign the following Order for construction of a
water main:
Allen Street from near Clematis Road a distance
of 880 feet, more or less, southerly.
200
Upon motion duly made and seconded, it was voted
to adjourn at 11:05 P.M.
C,A true record, Attest:
/67
Sele ct en
1
201
SELECTMEN'S MEETING
June 7, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, June 7, 1965, at 7:00 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were pre-
sent. Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, 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 Executive
made public, might adversely affect the public security, Session
the financial interest of the Town, or the reputation of
any person.
Following discussion of a claim with Town Counsel,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to sign a supplementary agreement to the contract for Garbage
the collection of garbage between Stanley Roketenetz contract
and the Town of Lexington, as prepared and submitted
by Town Counsel.
Letter was received from John J. Driscoll, 44
Grove Street, David Stevens, 48 Grove Street and
Edward A. Bennett, 52 Grove Street, requesting ex-
tension of the sanitary sewer to serve their homes. Sewer
As suggested by Mr. Carroll, Superintendentnof
Public Works, it was agreed to advise these people
that no funds have been appropriated and an estimate
of cost will be prepared for their signatures; the
project to be considered in the 1966 budget.
Letter from Fred Sgrosso, 8 Homestead Street, re-
porting a drainage problem, was held over at the request Drainage
of Mr. Carroll.
Notice was received from the Division of Civil
Service that a public hearing will be held on June 28,
1965 on proposed changes in the Civil Service Rules
relating to the selection and employment of persons to
fill positions in the official service and labor service
of the Commonwealth and of the cities and towns thereof.
Mr. Gray advised the Board this would not have any
effect on Lexington and said the only department under
Civil Service is the Police.
Civil Ser-
vice Rules
202
Traffic
Flag Day
Flag Day
Route 2
Cert. of
Inc.
Traffic Control Signal Permit No. 1165ka) was
received from the State'Department of Public Works.
This pertains to pretimed pedestrian signal at Massa-
chusetts Avenue and Waltham Street with connections
for pedestrian push buttons — Walk -Dont Walk Housings.
The Chairman read a letter from the Lexington Lodge
of elks inviting the Board to attend Flag Day ceremonies
on the Battle Green June 14, at 7:00 A.M.
The Chairman read a letter from the Town Celebrations
Committee with reference to suggested plans involving the
Elks, Jaycees and Minute Men for observance of Flag Day,
June 14.
The Chairman read a letter from Walter Pierce, et
als, addressed to Mr. Cataldo, Chairman of the Route 3
Advisory Committee, with reference to plans of the State
Department of Public Works for the interchange between
Route 2 and Routes 4-225.
Mr. Cataldo stated the Route 3 committee has no
authorization to become involved with Route 2, but if
the Board wanted it to, he would be willing.
The Chairman said where there is some rapport
with the Department of Public Works now, with this com-
mittee, he thought it would be well to continue.
Upon motion duly made and seconded, it was voted
to authorize the so-called Route 3 Advisory Committee
to incorporate Route 2 in its investigation and studies
on beI f of tine Town.
Upon motion duly made and sedonded, it was voted
to certify the characters of Jeffrey L. Williams,
10 Emerson Gardens, Constance and Ralph A. Burnham,
25 Parker Street.who have applied to the State for
Certificates of Incorporation, satisfactory references
having been received from Acting Chief 6f Police Corr.
The Chairman read a letter from the Stanley Hill
Post, American Legion, requesting permission to conduct
Legion a fair and field day from September 3 to September 6
Field Day at one of the athletic fields along Worthen Road.
Mr. Gray was requested to obtain more definite in-
formation as to the location and whether or not ad-
mission is to be charged.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver License to Arthur Conrad,
212 Lincoln Street, Lexington.
C.�
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Upon motion duly made and seconded, it was voted
to deny an application for a Taxi Driver license filed
by Richard T. Ward, 92 Grafton Street, Arlington.
Upon motion duly made and seconded, it was voted
to approve the minutes of the- Selectmen's Meeting held
on June 1, 1965.
Upon motion duly made and seconded, it was voted
to postpone making an appointment to the Board of Health
for one week.
Mr. Gray advised the Board that he and Mr. Legro
had met with Mr. Stolz, of Brewer & Lord, and would
have recommendations next meeting as to what the Town should
do in regard to liability and property damage insurance
coverage.
Upon motion duly made and seconded, it was voted
to adjourn at 7:55 P.M.
A true record, Attest:
1
Cler1, Select en
203
License
denied
Minutes
Appointmen
Insurance
204
SELECTMEN'S MEETING
June 14, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, June 14, 1965, at 7:45 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public works, and Miss Murray, Executive Clerk, were
also present.
The following licensed Guides met with the Board:
Robert Cherny, John Graham, John Corbett, Maribeth
Leonardo, Steven F. Jordan, and Ted Cody.
Guides The Chairman stated the meeting was just another
reminder to the guides who are not behaving the way the
Board would like guides to behave. He said that at
some time or other, he or other Chairman of the Board
have talked to the guides who are the first persons
tourists contact. He informed the group that the Board
had received complaints that the guides are actually
soliciting in a strong -handed manner. He said the
Board expects, in the future, that guides will conduct
themselves in a manner that will be gentlemanly and
ladylike and not force themselves on tourists. He said
they are to make their services available but if tourists
are not interested, they are to be left alone. He said
he understood the guides also sell some material and sug-
gested that it be avd.lable if the tourists wish to purchase
it, but let it cease there with no high pressure salesman-
ship. He pointed out thatthe Board of Selectmen is the
licensing authority and although the Board does not like
to remokelicensestirtdcan be done.
Tne Guides Mr. Jules P. Sussman, Chairman of the Conservation
Commission, met with the Board.
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 on finances, it was voted
to resume the open meeting.
Mr. Carroll reported on truck bids taken June 3,
and explained that GMC Truck & Coach Division was the
low bidder. However, he received a letter from them
requesting permission to withdraw the bid due to a
1
205
serious error in the price quoted. He said he was
convinced that an honest mistake had been made and
recommended that the request be granted, and that the
bid be awarded to the next low bidder, Automotive
Service Company, Inc.
Upon motion duly made and seconded, it was voted
to grant GMC Truck & Coach Division permission to with-
draw its bid for the purchase of trucks, an error in
figuring having been made by the bidder.
Upon motion duly made and seconded, it was voted
to accept the net bid of $24,876.00 submitted by the
Automotive Service Company, Inc.
Mr. Carroll referred to the house, owned by the
Town, located at 572 Massachusetts Avenue recently
vacated by the Jugenfeld family and said he would
like permission to take the building down. 572 Mass.
Upon motion duly made and seconded, it was voted Avenue
to authorize Mr.Carroll to have the building at 572
Massachusetts Avenue demolished; Mr.Carroll to salvage
whatever is possible.
Mr. Carroll asked for a review of the policy on the
problem of filling swimming pools. He said while he
was out, Mr. Colella told him there was a problem. He
said he thought the Board had agreed hydrants would not be
used to fill swimming pools. He said he did not think
the Water Department should fill them. They should be
filled with a hose run through the meter, and if it takes Filling
three days, it takes three days. swimming
The Chairman explained the situation that occurred pools
during Mr. Carroll's absence and said the Auxiliary Fire
Department has filled pools, on the men's own time, and
a charge made for the water.
Nr. Carroll said he felt the Water Department should
not be filling swimming poole.
The Chairman asked if a pool were filled from a
hydrant, if there would normally be rush in the water.
Mr. Carroll replied in the affirmative and explained
that every house on the street will have rusty water. He
said most people in Town understand, and fill their own
pools.
The Chairman said the Board would make its decision
now and govern itself accordingly, and stated it was
agreed that this should be the policy.
The Chairman read a letter from Edward Furash re-
questing permission to connect a perimeter drain around
the bottom of the foundation of his new home at 15 John
Poulter Road.
Mr. Carroll said he had seen the plan and it would
be all right as far as he is concerned.
Connection
to storm
drain
206
Upon motion duly made and seconded, it was voted
to grant Mr. Edward Furash permission to connect a
perimeter drain around the bottom of the foundation
of his new home at 15 John Poulter Eoad to the storm
drain.
Upon motion duly made and seconded, it was voted
to grant petition of the Boston Edison Company and the
New England Tele hone Company and sign the order for
the following j/o pole locations:
Rowers Road, southerly from a point approximately 78
feet south of Henderson Road, -
Five (5) poles.
Request was received from the engineering firm of
Linenthal & Becker, Inc., on behalf of Stop and Shop,
for permission to connect the roof waterdrain to the
Connectionstorm drain.
to storm Nr. Carroll said as far as he was concerned, it
drain would be all right.
Upon motion duly made and seconded, it was voted
to grant permission to connect the roof water drain,
of the proposed Stop and Shop Building at the corner
of Bedford Street and Worthen Road, to the Town's 142"
storm drain.
Water
The Chairman read a letter from Ruth Elvedt, 67
North Hancock Street, relative to a long range plan
for conservation of water.
Mr. Carroll reported that the MDC assured him that
there is no problem and the Commission has a three-year
supply from the Quabbin Reservoir.
Mr. Carroll agreed to draft a reply for the Chair-
man's signature.
Copy of letter from the Planning Board to architect
Framk Crimp relative to Middleby Road was received.
Mr. Carroll reported he looked at this today and
the proposal is to locate the road away from the Frissore
house and toward the school property. He said he thought
there was an exchange of land involved. There are some
problems relative to the water main and drain in the
road which may be outside the road location. He said
he would make sure where these utilities are. He ex-
plained even if there is a problem, the Town could probably
maintain an easement on the Frissore land.
The Chairman said the Board would take the letter
as information.
co
1
207
Letter was received from Mrs. Anton S. Morton,
3 Rolfe Road, with reference to the State Department
of Public Works' rejection of a request for a pedestrian Traffic
controlled traffic light at the intersection of Lowell
and Maple Streets. Mrs. Morton asked the Board's con-
tinued surveillance of the situation.
Mr. Fred Sgrosso's letter relative to a drainage
problem at the end ofhisdriveway, 8 Homestead Street, Drainage
was held over at Mr. Carroll's request.
A postal card was received from Manfred Rosenblatt,
45 Kew Gardens Roa", Kew Gardens, New York, stating he
feels the "Stop" sign at Winchester Drive should be elimi- Traffic
nated because of the installation of lights at the inter-
section of Winchester Drive and Lowell Street.
Mr. Carroll reported that the Chief's idea is a
'Stop" sign at the intersection where there are lights
is very good control in the event the lights go out of
commission.
The Chairman read a letter from C. T. Morris, Director
of Facilities Planning, Itek Corporation, in regard to the
traffic situation at the intersection of Hartwell Avenue
and Maguire Road.
It was agreed to refer the subject to the Traffic
Study Committee.
Traffic
Mr. Carroll reported that the contractor painting
the standpipe is working very slowly, but has speeded up
since Friday. The time limit on the contract was May 31,
1965 and the contract was signed April 28, 1965. He
stated the contractor was in some financial difficulty Standpipe
and ran into a condition inside the tank which was very
difficult to correct. He said he had drafted a letter
for the Chairman's signature which he would like sent to
the contractor, tellinghim the Board would grant an ex-
tensicn to June 30, 195, after which there will be liqui-
dation damages.
The Chairman was authorized to sign the proposed letter.
At 8:25 P.M., Mr. Daniel A. Lynch, attcrney, and his
client, Mr. William H. t yan, met with the Board.
The Chairman read a letter from Edward J. Connors
and Thomas F. Connors, holders of a license to sell all Liquor
alcoholic beverages not to be drunk on the premises at license
1700 Massachusetts Avenue, requesting permission to sell transfer
and transfer all stock to William H. Ryan, Trustee of
the Central Lexington Real Estate Trust.
208
Mr. Lynch said one of the laws in the Commonwealth
of Massachusetts is 138, section 23, which he cited in
the letter. This enables every licensing Board, the
Selectmen in Lexington, to know who does own stock in a
corporation that has a license to sell liquor. The
intent is to prevent unsavory people from acquiring
stock. He advised this is not a matter that has to
go before the Alcoholic Beverages Control that the
Board of Selectmen can determine who is going to own
the stock in the corporation. He said at the present
time there are 500 shares issued and outstanding. Mr.
Ryan is acquiring all of that stock. He has acquired
the block at the corner of Massachusetts Avenue and
Waltham Street, and is buying Connors Bros.' block and is
buying the corporation. He will be one of the oustand-
ing taxpayers in Lexington. He has been with Polaroid
for many years and has designed multiple patents, a very
responsible and substantial citizen who lives in Carlisle.
He told the Board Mr. Ryan has very ambitious plans for the
block at the corner of Waltham Street and for the Connors'
block, and will spend a very, very substantial amount of
money improving both blocks.
Mr. Lynch explained that in addition to the require-
ment of transferring stock, there is also a provisinn in
the law that requires approval of the Board before the
stock can be pledged. Mr. Ryan is going to pledge part
of this stock back to the Connors Bros. as part of the
purchase price.
The Chairman asked who would be operating the store.
Mr. Lynch replied Mr. Hyah; it will be his store.
He explained the license is not being transferred and
the name of the corporation will remain as it is. Mr.
Ryan will acquire all the stock and pledge part of it
back to Connors. He will designate a Lexington man as
manager,°Ronald Fietze, 172 East Street. Mr. Fietze
came to Lexington in 1949, graduated from the Lexington
High School in 1954, is twenty-nine years old, is attend-
ing Bentley School of Accounting, was key man of the year
by the Chamber of Commerce in 1965. Mr. Ryan will spend
a substantial amount of time in Lexington supervising the
operation of the store.
Mr. Lynch said the law he spoke of provides many
things about transfer of a license. He read the follow-
ing excerpt: "No stock in a corporation holding a license
to sell alcoholic beverages shall be transferred, pledged
or issued without first obtaining the permission of the
local licensing authority." He said in addition to the
letter the Board has, Mr. Ryan has signed a letter this
evening requesting permission of the Board.
The Chairman said the Board would make its decision
and Mr. Lynch would have an answer in writing.
Messrs. Lynch and Ryan retired at 8:33 P.M.
1
209
Upon motion duly made and seconded, it was voted
to grant Edward J. Connors and Thomas F. Connors, holders
of a license to sell all alcoholic beverages not to be
drunk on the premis s at 1700 Massachusetts Avenue, to
sell and transfer all issued and outstanding stock to
Wiliam H. Ryan, Trustee of the Central Lexington Real
Estate Trust, subject to the Chairman checking with
Town Counsel.
Upon motion duly made and seconded, it was voted
to grant William H. Ryan, Trustee of the Central Lexington
Real Estate Trust, permission to pledge all issued and
outstanding stock of Connors., Inc. tobe acquired by
Mr. Ryan on June 30, 1965, to Edward J. Connors and
Thomas F. Connors as collateral security for the payment
of a promissory note, subject to the Chairman checking
with Town Counsel.
Letter was received from Mr. Legro, Town Counsel,
in regard to an agreement for mutual aid in fire protection
Hanscom Air Force Base, copies of which were mailed to the
Board. Mutual Aid
Upon motion duly made and seconded, it was voted Agreement
to enter into the mutual aid agreement with the Air Force
and to authorize Mr. Legro to insert a termination clause
in the agreement in the interest of the Town.
Letter from the American Legion, Stanley Hill Post,
No. 38, Inc., requesting permission to conduct a Fair
and Field Day September 3, 1965 through September 6, 1965
on one of the athletic fields along Worthen Road, was
held over. Fair and
Mr. Gray reported the area the Post wants is be- Field Day
tween the existing stands on Worthen Road; the area
where they are playing softball. No admission is to
be charged.
Mr. Carroll mentioned that this area has just
been seeded and he thought Mr. Mazerall would prefer
using the enclosed field.
The Chairman asked if the Board was agreeable to
granting permission tp dse whatever field is agreed upon
by Mr. Carroll and Mr. Mazerall.
Hz. Gray referred to a Certificate for Payment in
connection with the Public Facilities and Information
Building, in the amount of $5,415.00 and explained he Cert. of
had received it from the architect, C. Harry Erickson. Payment
He also explained that the Board of Selectmen made the
award of the contract so all Certificates for Payment
will come tothe Board for the Chairman's signature.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign Certificate for Payment
210
No. 1, issued June 7, 1965 in the amount of $5,415.00;
project Public Facilities & Information Building.
Upon motion duly made and seconded, it was voted
to grant the Lexington 4-H Horse Club permission to
Horse Show conduct a Horse Show at Willard's Woods on Sunday,
June 20, 1965, beginning at 9:00 A.M., and to erect
a few, directional signs. The signs are to be erected
and removed the day of the show.
The Chairman read a letter from Acting Chief Corr,
advising that only five policewomen are willing to work
during the summer school session.
The Chairman said he would write the School Depart-
ment and ask what schools they want covered; if no prefer-
ence is made, Acting Chief Corr will assign the five
available policewomen to the schools, which, in his
opinion, are in most need of this coverage.
Letter from Manuel Baptiste, 140 Marrett Road, com-
Zoning plaining about violation of the Zoning By -Law as it per-
tains to 167 and 123 Marrett Rodd, was referred to Mr.
Irwin, Building Inspector.
Upon motion duly made and seconded, it was voted
Appointment to re -appoint Mr. Rufus L. McQuillan to the Board of
nealth for a three-year term expiring June 1, 1968.
Upon motion duly made and seconded, it was voted
Dog license to sign Warrant to the Dog Officer, Michael J. Shaughnessy,
to catch and confine all dogs not duly licensed.
Permit
Permit
ID Card
License
Upon motion duly made and seconded,
to grant permission to the residents of
Roads to hold a block party on Saturday,
at the intersection of the two streets,
and 10:00 P.M.
Upon motion duly made and seconded,
to grant permission to the residents of
to hold a square dance on July 3, or in
inclement weather, on July 5.
Upon motion duly made and secondeed, it was voted
to issue a Liquor Identification Purchase Card to James
Floyd Taylor, 1 Harrington Road, a Certificate of Birth
havin§ been received and placed on file.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to William R. Lofton,
28 Cedar Street, satisfactory character reference having
been received from the Police Department.
it was voted
Dane and Foster
June 26, 1965, •
between 5:00 P.M.
it was voted
Barberry Road
the event of
c
1
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on June 7, 1965. -
Mr. Gray reported he received a letter from Mr.
Legro in regard to lots 211-215 Rindge Avenue, together
with an original and copy of a form whereby the Board
of Selectmen could exercise the option granted to the
Town by Mr. and Mrs. Vasseur.
Upon motion duly made and seconded, it was voted
to execute the option.
Mr. Gray said at the end of the year when some of
the accounts were being closed out, the balance in the
Westview Cemeteryappropriation, under a special article
in the warrant, 587.51 wos closed out. At that time,
it was not known that there had been commitments to this
particular account. The Cemetery Commissioners went to
pay a bill and there were no funds.
Upon motion duly made ansa seconded, it was voted
to request the Appropriation Committee for a transfer
of $587.51 from the Reserve Fund to the Westview Ceme-
tery appropriation voted under Article 29 of the warrant
for the Annual Town Meeting, 1964.
Mr. Gray reported that he and Mr. Legro met with
Mr. Stolz, Brewer & Lord, and discussed liability and
property damage insurance, and received a quotation as
to cost. He said it was their feeling that the Board
of Selectmen should consider adding these particular
coverages to the Town's policy, and this could be pro-
rated for the balance of the year.
The Chairman asked if funds were available.
Mr. Gray replied he was not sure, and this is what
he will have to check out. He said he and Mr. Legro
also felt the Board should consider $10,000 instead of
$5,000.
The Chairman said Mr. Gray would determine whether
there are sufficient funds available and also what the
premium will be for the remainder of the year.
Mr. Gray said he would report back to the Board
next week.
Mr. Cataldo reported that the Public Works Building
Committee held a meeting Friday morning and arrived at the
conclusion that it could not proceed with any work on the
building without first obtaining answers to some questions.
A questiMs drafted and sent to all departments
occupying space in the Town Office Building and the answers
211
Minutes
Option -
Rindge Avei
Insurance
212
Executive
Session
should give the Committee the potential space needed for
an estimate solution projected to 1975. A second meeting
is scheduled for one week from Friday.
Mr. Cataldo said, in the meantime, the Committee
would like some answers from the Selectmen's Department.
Is there going to be an office for the Executive Assist-
ant? What changes are contemplated by the Board, for
instance, a change in the Accounting Department. What
is needed if the Treasurer and Clerk's position is changed?
What about a Legal Department? He said there is talk
about a full-time clerk for the Cemetery Commissioners and
further, there is need for a conference room and a machine
room.
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 Mr. Carroll, Superintendent
of Public Works, and Mr. Gray, Executive Assistant, in
regard to the establishment of a salary rate for a particu-
lar position. it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:29 P.M.
A true record, Attest:
Select�ie
1
213
SELECTMEN'S MEETING
June 21, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 21, 1,65, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Sheldon and Mabee 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
pole on Theresa 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 property listed on the petitioners' plans
and also filed with the Superintendent of Public Works.
Mr. Carroll approved the proposed location.
No one present recorded in favor or in opposition
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing j/o pole location:
Theresa Avenue, northeasterly side, approximately 150
feet northwest of Cliffe Avenue, --
One Pole. (One existing j/o pole to be removed.)
Mr. Serverson retired.
Mr. Legro said he had prepared an Order of Taking
of the Vasseur land, lots 211-215 Rindge Avenue, and ex-
plained the time for conveyance is about expiring and he
may have to ask for an extension.
Upon motion duly made and seconded, it was voted
to execute the Order of Taking in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
At a meeting of the Board of Selectmen
Lexington held this 21st day of June, 1965,
ORDERED:- Whereas by vote duly adopted
duly called, warned and held on the 1st day
Rindge Ave.
Order of
Taking
TOWN OF LEXINGTON
of the Town of
it is
by a Town Meeting
of March, 1965,
214
namely at an adjourned session thereof duly held on
March 15, 1965, the Selectmen were authorized on behalf
of the Town of Lexinton to purchase, take by eminent
domain or otherwise acquire for playground, recreational
and other public purposes, the land hereinafter described
and an appropriation of money was made therefor.
NOW, THEREFORE, we, the undersigned, being a majority
of the Board of Selectmen of the Town of Lexington, duly
elected, qualified and acting as such, do hereby, pursuant
to said vote and under and by virtue of the provisions of
Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926,
and Chapter 79 of the General Laws of Massachusetts, and all
acts in amendment thereof and in addition thereto , and of
any and every other power and authority us hereto in any way
enabling, take in fee simple in the name and on behalf of the Town
of Lexington for sewer, water, drain, street, playground and
recreati..-nal purposes a certain p -reel of vacant land on the
easterly side of Rindge Avenue in said Lexington, being shown
as lots 211-215, inclusive, on a plan entitled 'Arlington
Heights Terrace Lexington, Mass. owned by J. W. Wilbur",
dated October 15, 1908 by A. L. Eliot, Surveyor, recorded
in Middlesex South District Registry of Deeds in Plan Book
175, Plan 35, and bounded and described as follows:
Westerly by Rindge Avenue, 150 feet;
Northerly by lot 216 on said plan, 82 feet;
Easterly by land now or formerly of Arlington
Water Works, on said plan, 150 feet; and
Southerly by lot 210 on said plan, 87 feet.
Containing 12,675 square feet of land, according
to said plan.
All trees upon said land and buildings and structures
affixed thereto are included in this taking.
We award the damages sustained by persons in their
property by reason of the taking made as follows:
Arthur E. Vasseur and Agnes J. Vasseur, husband
and wife, the sum of One Dollar.
In so awarding damages we h_ve awarded them to the sup-
posed owner of record of the land hereby taken as of the date
hereof, but if the name of the owner of any interest in said
land is not stated or is not correctly stated, it is to be
understood that such interest is owned by an owner or owners
unknown to us and in such case our award is made to the
lawful ownr or owners thereof.
215
No betterments are now to be assessed for the improve-
ments for which this taking is made.
WITNESS our hands and seals in said Lexington, the day
and year first above written.
TOWN OF LEXINGTON
By /s/ Lincoln P. Cole, Jr.
/s/ Robert Cataldo
/s/ I. H. Mabee
�/s/ George C. Sheldon
Majority of -the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. June 21, 1965
Then personally appeared the above named Lincoln P. Cole,
Jr., Robert Cataldo, George C. Sheldon and Irving H. Mabee,
known to me to be a majority of the duly elected, qualified
and acting Selectmen of the Town of Lexington, and acknowledged
the foregoing instrument to be their free act and deed, before
me,
/s/ Donald E. Legro
Notary Public
My commission expires: March 14, 1970
Upon motion duly made and seconded, it was voted
to renew Stephen Russian's Auctioneer's License for a License
period expiring May 1, 1966.
Mr. Legro referred to tax title lots on Circle Road
for which the Board had received an offer from Busa Circle Rd.
Realty Trust. He said the Board would recall enough
about the subject to know it involved, in this transaction,
the sale of several tax title lots, construction of Circle
Road, the water, sewer and drain utilities in the road.
He reported there have been no plans showing the profile
of the road or the confirmation of the utilities contemplated.
He stated it is Mr. Carroll's feeling, and his, that a plan
216
Zoning
Gas main
Curbing
Drainage
complaint
should be presented and the Board should request it.
Mr. Carroll reported that Mr. Busa told him a plan
was being worked on. He told Mr. Busa there would
probably be a bonding of $30,000 maximum.
Mr. Legro stated that if Mr. Busa is planning to
prepare plans, there is nothing further to be considered
except the votes from the Town of Arlington.
Mr. Gray stated he received the votes today and he
proceeded to give them to Mr. Legro.
Copy of Mr. Legro's letter to Mr. Irwin in regard
to a zoning violation complaint from Manuel Baptiste,
140 Marrett Road, was received.
Mr. Legro explained he received a letter from Mr.
Irwin, Building Inspector, and this letter relates to
procedures to be followed by the Inspector.
Letter was received from the Mystic Valley Gas
Company requesting permission to locate a L. welded
steel gas main in John Poulter Road, to serve lot 18.
Mr. Carroll said this is a private way and he
did not know why the request was sent to the Board.
The Chairman said he would advise the gas company
that the Board of Selectmen has no objection.
The Chairman read a letter from Mrs. Roger Kaufman,
14 Larchmont Lane, requesting installation of curbing
along Bedford Street in front of the Maney and Moore
properties.
Mr. Carroll said he planned to install some curbing
along there. He said he thought he might be able to do
it with this year's funds.
It was agreed to advise Mrs. Kaufman that as much
curbing will be placed as there are funds for; no appropri-
ation having been made for this specific location.
Mr. Fred Sgrosso's letter relative to a water con-
dition at the end of his driveway was held over.
Mr. Carroll sported that men from his department
tried to take care of the puddle and he thought they did
a good job. However, there is still a puddle in front
of Sgrosso's driveway. He said he felt the Town could
do no better and has done as much as it can.
Mr. Cataldo stated Mr. Sgrosso's concern is not the
water in the summer, but ice in the winter.
Mr. Carroll said he could go in and do it all over,
but it is a lot of money to eliminate a very small puddle;
a condition normally found after a rainfall.
CI
alts
1
217
Letter was received from Richard H. Soule, 640 Lowell
Street, together with a newspaper article relating to Vandal
vandal alarm in the schools. Mr. Soule expects to have alarm
more details which he will relay to the Board.
Upon motion duly made arri seconded, it was voted
to certify the characters of Horace Besecker, 8 Eastern Cert. of
Avenue, James Gallagher, 181 Follen Road, and Edwin M. Inc.
Schur, 81 Hancock Street, all applicants for Certificates
of Incorporation, satisfactory character references
having been received from Acting Chief Corr.
Mr. John Doherty's inquiry about the possibility of
purchasing tax title lot 217 Spring Street was held over, Tax title
waiting for a report from the Planning Board.
Upon motion duly made and seconded,
to grant the following uses of halls:
Temple Scanlon/Accion
American Ass'n. of
University Women
Estabrook Hall
Estabrook Hall
The Chairman read a letter from Mrs
resigning her position as a Woman Police
ive with the last day of school this ter
Upon motion duly made and seconded,
to accept the resignation.
it was voted
Uses of
halls
June 24 & 25
Oct. 6, Nov.3,
Jan.5, Feb. 2
Mar. 2, Apr.6
. Mary Bartel
Officer effect- Resignatim
m.
it was voted
Upon motion duly made and seconded, it was voted
to grant a Yearly Dump Permit to Kerrigan Tree Service
of Woburn.
Upon motion duly made and seconded, it was voted
to appoint the following Special Police Officers for
terms expiring March 31, 1966:
SPECIAL POLICE OFFICERS
Dump permit
March 31, 1965 --- March 31, 1966
Lincoln P. Cole, Jr. Selectmen Robert Cataldo
Levi G. Burnell George C. Sheldon
Irving H. Mabee
Albert Gray, Jr. Executive Assistant
218
SBECIAL POLICE OFFICJ (S (CONT'D.)
Bernard J. Belcastro
John J. Carroll
Paul Mazerall
Thomas Bentley
George Doughty, Jr.
Thomas F. Ryan
Thomas Sullivan
William P. Casey
Clyde L. Hayne
Oscar Heimlich
DuncanF. Swan
Edward P. Stevens
John Blodgett
Nicholas J. Delfino
Ralph P. Braun
Joseph Bluteau
Raymond Stevens
Lyman Cousins
Kary E. Nyren
William F. Buckley
Edward T. McDonnell
Robert E. Ames
Frank Langone
Philip Nyren
Karl E. Nyren
William F. Buckley
Edward T. McDonnell
Robert E. Ames
Frank Langone
Philip Nyren
Robert F. Ingram
Mario DiNallo
Edward Sorli
Anthnny Zarella
Bernard J. Link
Lawrence Kolbrook, Jr.
Chief Engineer,
Superintendent,
Superintendent,
Custodian
Fire Department
Public Works Department
Park Department
School Department
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John E. Ewers
John A. Carroll
Hobert J. Vinsec
Bertram H. Adams, Jr.
Library,Director
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Custodian
Teacher Monitor
Custodian
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Arthur L. Goodfellow
Howard D. Ryder
William L. Spiers, Jr.
Edward T. Gallagher
Arthur J. Kee Lexington Trust Company
1
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Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on June 14, 1965.
Mr. Gray reported he received two bills from harry
Erickson, architect, for the Public Facilities Building
Committee, for the Board's approval. He said one bill,
in the amount of $231.65, was for architect's services
and the other bill,'`'in.the ameurit."of'•$323.75, was the
result of changes in the plans.
Upon motion duly made and seconded, it was voted
to authorize payment of $231.65 for architect's services.
Upon motion duly made and seconded, it was voted
to authorize payment of $323.75 incurred due to change
in plans.
(See Executive Session - same subject).
Mr. Gray reported he received a letter from the
Lexington Housing Authority advising that Wiliiam H. Lexington
Brown has been appointed architect. The principal Housing
agents will be Temple Scanlon and Director, Stilliman Authority
P. Williams.
219
Minutes
Public
Facilities
Building
building
Mr. Gray read a letter from James R. McInnes,
Administrative Assistant, Lexington Public Schools, School
confirming discussion relative to the possibility of Buses
the Town allowing a successful bidder for bus trans-
portation for the schools to park 25 or 30 buses on
Town land. Mr. McInnes would like a ruling from the
Board.
Mr. Gray reported that the School Department re-
ceived only one bid and he understood from Mr. McInnes
that it will be voted to reject the bid.
Mr. Cataldo asked if Mr.McInnes explained why
they did not wait for the Middlesex & Boston to straigh-
ten out its problems, as requested.
Mr. Gray replied he did not know.
Mr. Cataldo stated he asked that they wait because
this was going to be a problem. He said he would be
opposed to parking buses on Town property. No one
knows what is going to happen at the Public Works Build-
ing and the problems parking buses would create would
outweigh any advantage. He said if the Board proposed
going into something like this;: he would be in favor of
going all the way and the Town have its own buses.
Mr. Carroll said he could visualize a myriad of
problems. He could visualize a situation where the bus
does not start and it would be towed into the barn. He
'220
Tax title
Route 2
701 Study
said this could end up with the Town taking over the
maintenance.
Mr. Cataldo said if there were twenty-five buses
parked, there would also be twenty-five cars.
Mr. Legro asked iihy they did not include an alter -
ate and request bids both ways.
Mr. Cataldo said then the Board would have to live
up to letting them in.
Mr. Carroll said they could reserve the right to
reject them.
Mr. Sheldon asked where the buses would be parked
if the Board denied this.
The Chairman replied in the company's garage.
Mr. Gray said if the Middlesex & Boston were in-
volved, there would be no problem.
Upon motion duly made and seconded, it was voted
to deny the use of the Town barn property for parking
school buses.
Mr. Mabee refrained from voting.
Mr. Gray referred to Loran Wallace and Ernest Kitchen's
offer to purchase tax title lots 50 and 51, Hillside
Avenue. He said street betterments amount to $7L14.69
and water betterments amount to $195.29. Mr. Wallace
is offering $1500 for the lots, clear.
Mr. Cataldo pointed out that they would be paying
$550.
. Upon motion duly made and seconded, it was voted
to reject the offer.
Mr. Cataldo said if these lots were sold, he would
be in favor of thestipulation whereby only one house
could be erected on the ooWbined lots.
Mr. Cataldo reported the Route 2 Committee held a
meeting and it was decided to recommend to the Selectmen
that it make an appointment with Commissioner Warner to
bring them up to date officially. He said a member of
the Board of Selectmen, a member of the Planning Board
and Mr. Carroll should meet with the Commissioner.
It was agreed that Mr. Cataldo would arrange a
meeting with the Commissioner and advise the Chairman
and Mr. Mabee.
Mr. Sheldon reported that the Auxiliar7 Committee
of thePlanning Group, 701 Study, had a second meeting.
The Chairman ras been elected, some have accepted and
some have not. He said nine separate pages have been
worked out to guide theChazieman and probably work will
not go any further until September when the Chairman
will form the committee.
co
1
221
Mr. Cataldo asked Mr. Carroll what his schedule
plan was for the Lyon property.
Mr. Carroll replied, do some construction the
late couple of weeks in July. He said he had a question
the other day as to when the Board wanted the work done. Lyon
Mr. Cataldo said the work should get done as fast property
as possible so the land can be sold and reflected in
next year's tax rate. He said he would like to have
the building built before the end of the year.
Mr. Gray reported he had a talk with one of the
local rubbish collectors, who had a problem. He said,
in dumping rubbish he collected, there was a lot of Rubbish
garbage in it. The problem is, when they take boxes
or rubbish from a person's house, they do not know that
the paper bags contain garbage, and he does not knew how
to solve this problem.
Mr. Sheldon said the householder puts the material
in barrels and while the collector does not examine
each piece,he does get an opportunity. If he sees any-
thing suspicious, he can look. The burden of pro6f is
on the collector.
Mr. Carroll said he agreed, the burden is on the
contractor. He should be able to trace the bag to the
family it came from, and as far as he was concerned, it
is the contractor's problem.
Mr. Carroll retired at 8:12 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 pertaining to a police matter,
architect's fees, Public Facilities Building, Insurance
and Lexington Center, it was voted toresume the open
meeting.
The Appropriation Committee met with the Board and
Mr. Parrish, Chairman, said what the committee had to
discuss should be in Executive Session.
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 adv rsely affect the public security, the
financial interest of tae Town, or the reputation of any
person.
Following discussion with the Appropriation Comittee
on the Accounting Department, timing for budgets, elected
Executive
Session
222
offices, salary guide, and
voted to resume the open me
Upon motion duly made
to adjourn at 10:04 P.M.
%
v
A true record, Attest:
special town meetings,it was
eting.
and seconded, it was voted
1
SELECTMEN'S MEETING
June 28, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 28, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, C&taldo, Sheldon and Mabee 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, hip guy and anchor on the first pole, on Blake
Road.
Mr. Dunn, representing the telephone company, and
Mr. Serverson, representing the Boston Edison Company,
were the only persons present at thehearing.
Notices of the hearing were mailed to the peti-
tioners, owners of property listed on the petitioners'
plan and also filed with the Superintendent of Public
Works.
Mr. Carroll approved the proposed locations.
Mr. Dunn stated about six weeks ago, he came to the
Board for a vote of confidence on these locations and
this is the petition coming through in its formal way.
No one wishing to be heard in favor or in oppo-
sition, 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 hip guy, anchor and pole locations:
Blake Road, northeasterly
point approximately
Burlington Street,
Four poles, hip guy
side, northwesterly from a
49 feet northwest of
and anchor on first pole.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's meeting held
on June 21, 1965.
Hearing was declared open upon petition of the Boston
Edison Company for permission to locate forty feet of con-
duit in Hancock Street at Brigham Road.
Notices of the hearing were mailed to the petition -r,
owners of theproperty listed on the petitioner's plan and
223
Hip guy,
anchor &
poles
Minutes
Conduit
224
also filed with the Superintendent of Public Works.
Mr. Carroll approved the proposed location.
Nr. Serverson explained the conduit would be feed-
ing into a development on Brigham Road and will be under-
ground.
No one wishing to be heard in favor or in opposition,
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the Order for forty feet
of conduit in Hancock Street at Brigham Road.
Messrs. Serverson and Dunn retired.
Mr. Legro stated he had an extension of Agreement
of the time of conveyance of the parcel on Rindge Avenue,
extending the time to July 15, 1965. He explained the bank
has not yet reported on the amount required to release the
Extension of mortgage and an extension is necessary for that, reason.
conveyance Upon motion duly made and seconded, it was voted
time to extend to July 15, 1965 the Agreement of the time of
conveyance, between Arthur E. Vasseur and Agnes J. Vasseur
and the Town in regard to lots 211-215, inclusive, on Rindge
Avenue.
Mr. Legro stated that a few weeks ago, he mentioned
the Oak Park subdivision off Grant Street, the Busa Farm,
in connection with the acquisition of an easement for
people to pass and repass over the Vine Brook easement.
He said at that time discussion was held as to whether
it should be granted to the Town and be under the control
of the Board of Selectmen. He reported he had prepared
a grant of easement which he has sent to the attorney for
the subdivider, and provided in the agreement that the
grantor agrees that the grantor will not; without obtain-
ing written p-rmission from the Board, do certain things,
which he quoted. He said, in his discussion with counsel
for the subdivider today, he told him he would bring this
up before the Board. He explained there is an existing
easement, taken by the Town in 1938, along a greater part
of Vine Brook including this parcel.
Mr. Legro advised the Board it is the plan of the sub-
divider to erect a bridge across Vine Brook to connect to
the other rear land which is not a part of this subdivision,
and he indicated, subject to approval of the Board, that the
interest of the Board at sncli time the bridge is proposed
would be to protect the channel of Vine Brook. If it went
beyond that, it would be a matter for Town Meeting. He
said they do not want to put themselves in a position that
if they try to subdivide the rear land, they will be pre-
vented from erecting a bridge there, provided the bridge
1
is erected in a manner that will not substantially inter-
fere with the easement the Town now has. He said he
pointed out, one bridge had already been erected across
Vine Brook that was deemed not to be inconsistent.
Mr. Carroll reported he took bids today on reupholster-
ing the seats in Cary '`emorial Building, and Contrada Up-
holstering Company of Medford was the low bidder, $3,516.
The other two bids were $4.,949 and $6,390.78. He said he
had $4,500 in his budget and recommended that the contract
he awarded to the low bidder.
Upon motion duly made and seconded, it was voted
to award the contract for reupholstering seats in Cary
Memorial Building to the low bidder, Contrada Upholstering
Company of Medford, in the amount of $3,516.00.
Mr. Carroll reported he took bids today on the first
sewer contract of the year which will include Burlington Sewer
Street, Denver Street, Red Coat Lane and Flintlock Road, bid
Hayes Lane and Lincoln Street. The low bidder was Charles
& Louis Construction Company with a figure of $62,657.00
and it was Mr. Carroll's recommendation that the contract be
awarded tothe low bidder.
Upon motion duly made and seconded, it was voted
to award the first sewer contract to the low bidder,
Charles & Louis Construction Company, at its net bid of
$62,657.00.
Mr. and Mrs. John P. Doherty, 31 Spring Street, met
with the Board.
The Chairman read a letter from the Planning Board,
with reference to tax title lot 217 Spring Street, staling
that there appears to be no objection to selling the lot
to the owner of adjacent land provided it is to be added
to other land of Doherty and not used as a separate build-
ing lot.
The Chairman stated that, in the past, the Board's
practice has been, when people have shown an interest and
the Planning Board has no objection, to advertise for bids
with the conditions imposed; one would be that it would be
combined to existing lots and this would restrict it to
the abutters.
Mr. Sheldon asked if the Dohertys would have any ob-
jection to those conditions.
Mrs. Doherty said they would like to acquire the lot
to add to their Own lot.
Mr. Sheldon asked if they would accept a restriction
not to build upon it and explained this would be an en-
cumbrance forever. He said, in fairness, he thought it
225
Bid
Tax title
226
should be advertised to give the other abutters notice.
The Chairman said, in this case where there will be
a restriction and only two people involved, he thought
the Board could write to both abutters that written bids
will be opened on such and such a date and not advettise.
He explained the Board would reserve the right to reject
any and all bids.
Upon motion duly made and seconded, it was voted
to notify both abutters that bids will be opened on a
date to be set by Mr. Gray.
Mr. Gray said he could have the bids come in Friday
before the next Board meeting.
The Chairman read a letter from Wilson Farm Inc., 6
Pleasant Street, requesting installation of curbing in
Curbing front of the stand on Pleasant Street.
Mr. Cataldo reported Mr. Wilson had called him and
he asked him to write the Board. He explained Mr.
Wilson wants to fix the entire parking area so he will have
an entrance and an exit.
Mr. Carroll said he has two projects which will use
up a considerable amount of his money this year; one is
Kaufman on Bedford Street. He said Wilson's will run
about 300 or 100 feet.
Mr. Mabee said he could not see what advantage this
would be to the Town.
The Chairman suggested referring the subject to the
Traffic Study Committee.
Mr. Legro left the meeting at 7:58 P.M.
Mr. Mabee said from Wilson's point of view, it would
be better to have a curbing, but he could not see any ad-
vantage to the Town.
The Chairman said the only advantage he could see
from the Town's standpoint, in driving along if one knows
there are exits and entrances one plans for them.
Mr. Mabee said he did not think there had been any
accidents there.
Upon motion duly made and seconded, it was voted
to refer the request to the Traffic Study Committee.
The Chairman asked thatthe Committee have a report
on this, and other traffic matters, for the next meeting
of the Board.
Letter was received from Dr. Rudolph J. Fobert ad-
vising that in the School Committee's best judgment, five
School crossings in the greatest need of police protection during
crossings the summer school sessions are Adams, Munroe, Parker,
Hastings and narrington.
1
227
A copy of the minutes of the Minute Man Historical
Park Advisory Committee were received from Mr. Donald E. Minutes
Nickerson.
The Chairman said the minutes will be on file avail-
able to the members of the Board.
Letter was received from the Lexington Chamber of
Commerce requesting, on behalf of the Lexington Choral
Society, that town flags be displayed during the Festival
of Arts, July 15-18. Flags
Mr. Gray reported Mrs. Brown called and said the
society would like permission to display the exhibit
from the eleventh to the eighteenth rather than from
the eleventh to the fifteenth.
Mr. Carroll asked if the Board thought, in refer-
ence to the flags, that if the request were granted, a
precedent would be established. He asked if this same
request could be applied to other groups.
The Chairman asked if there would be any objection to
leaving the matter with him and Mr. Gray to try and modify
it.
Mr. Mabee suggested that the display of flags be con-
fined to the immediate area which is germane to the exhibit.
Upon motion duly made and seconded, it was voted
to leave the matter up to the Cnairman.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in Sewer Order
Denver Street. (See Selectmen's files - Sewer Easement
Orders, 1965).
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in Sewer Ondar
Worthen Road. (See Selectmen's files - Sewer Easement
Orders, 1965).
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to Mary ID Card
Louise Mascarello, 29 Lincoln Street, Lexington, satis-
factory evidence of her age having been submitted.
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to ID Card
Bruce H. Simpson, 3 Amherst Street, Lexington, satis-
factory evidence of his age h aving been submitted.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to Clifford H. Anthony, License
30 Prospect Hill Road, Lexington, satisfactory character
228
Permit
Sullivan
claim
reference having been received from the Chief of Police.
Messrs. Legro and Carroll left the meeting at 8:10 f.M.
Unon motion duly made and seconded, it was voted
to issue a Commercial Dump Permit to Frank Sarno, 25
Overlook Avenue, Burlington.
Mr. Gray reported that attorney McHue, representing
Mn. and Mrs. Sullivan on Winter Street, called. A year
ago the Town made a taking for land for a cul-de-sac and
no damages were awarded. He said within the time limit
they asked the Board to make them an offer and have been
assessed $16L.5 which he did not think had been paid. He
said Mr. Snow, former Town Planner, worked on this and
at one time attempted an exchange of land.
It was agreed, providing no statement of value has
been made, to authorize Mr. Gray to have a statement of
value made.
Mn. Jules P. Sussman, Chairman of the Lexington Conser-
vation Commission, met with the Board. Mr. Sussman
stated what he had to discuss could affect the finances
of the Town.
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of discuss -
Session ing, deliberating or voting on 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 pertaining to conservation
matters, it was voted to resume the open meeting.
Mn. John Carroll returned to the meeting.
Messrs. Ripley, Bryson, Jaquitk, Abbott, Fisher,
Mrs. Morey and several other individuals met with the
Board.
Mr. Ripley, speaking for the group, explained they
were present because of the fact the small red house,
the fourth one down from the right from Pleasant Street
House at was scheduled to come down next week. He said he did
572 Mass. know it was in danger of coming down two months before
Avenue but was so busy he did not think much about it. He
heard last Monday it was coming down and that is when he
called the Chairman, some other people, and found out a
little more about it. He said he had the feeling this
house, even though he did not know at the time how old
it was, should have some more advertising or some notice.
Someone should have known something about it. He said
he could understand the Board's position on it. He said
he thought the Board might be intereted to know he came
up with this. He has two deeds from the Registry, and
if he read them correctly, this is a summary he made from
reading the deeds. The land was sold in 1822 by Ely
Robbins to a Blodgett. In 1833, the house and land was
sold to Solomon Harrington, Jr. by Blodgett. The house
was then sold in 1837 by Harrington to Lucy Crosby et al.
This places the house being built between 1822 and 1833.
The people to whom he has talked about this have been very
much surprised it was anywhere nearly as old a s that.
It was not a Revolutionary house. It seems to him with
the extension of the Historic Districts coming, just about
everything on the Avenue today should be kept there at
least until that time: He said as far as he feels, any
house of that age is worth saving. He said he was sure
the house needed improvement and should be painted. He
said on the other side of the argument, it seemed to him
the Town does have some alternatives for tearing down the
house and could derive some income if offered for sale,
land, house and all. If Emerson Road does dome, it then
could take it and buy it if the house had to come down.
He said there is no reason for taking it down now. It
could be offered for sale to move away. He said it seems
as though someone could take it and fix it up and put a
tenant in there. This would be better than paying $400
or $500 to tear it down. He said he wouldrather see the
house used and lived in.
The Chairman asked if Mr. Ripley knew of anyone who
would be interested in the sale.
Mr. Carroll said he has not looked at the house with
the intent of moving it. He said he thought it would be
difficult but anything can be moved nowadays.
Mrs. Morey said in case anything; of any known age is
considered for destruction, maybe the Board could go slow.
Having heard it was going down the next day, they thought
let's go slow and see what other way it .could be used if
it could be used. At the time the land was purchased,
the house was in poor condition and the Board, at that
time, had no thought of doing anything with it except des-
troying it. Then the family, through the Follen Church,
came up. She said the Board six or seven years ago was
remiss in not looking at the background of the house. The
main thing is when there is something like this, let's go
slow and see if there is some way of preserving it.
The Chairman asked at what point in age does a house
become worth preserving as an antique or historical monument.
Mr. Ripley replied the Worthens are in favor of somehow
maintaining the house if possible and as a matter of principle,
doing this all over Town on every old house.
229
230
The Chairman said the original intent was todestroy
the house.
Mr. Jitquith:said as Cine goes through East Lexington,
every other house down there is an aged house in relEtion
to the rest of the Town. Ever house taken out of that
area takes that much more away from the village concept
of East Lexington. He said he hoped that part of the
Town will be brought back to a village atmosphere He
said if zinerson hoed goes through, tftis house will have to
go. He did not think the Town could.wait for a decision
about Emerson Road. Something has to be done about the
house. It cant remain there much longer in its present
condition and he would hate to see the house moved from
that location without a study.
The Chairman said the immediate alternative is that
the Town maintain it because the Town owns it. He stated
if it goes too much longer, everyone knew what would happen
to it, and it will not get any better.
Mr. Jaquith said the Board would have to spehd some
money on it or do something with it.'
The Chairman said even two or three months waiting
is an invitation to vandalism.
Mr. Jaquith said the sheds on the back could be re-
moved from there, which, he believed, did not have any
significance to the house. The yard could be cleaned
up a lot. The Town could do a little outside work.
One cellar window is open and a match could be dropped
in there.
The Chairman said some youngster may have left the
cellar window open. He asked if the Historical Society
had any interest in the house.
Mrs. Morey said this has not been brought before the
Historical Society and thecouncil has too limited funds
to be in a position of acquiring a house.
The Chairman asked if the Historical Society.would
be interested in maintaining the house and would it have
any reason to.
Mrs. Morey replied she thought if it were to be main-
tained, $2,000 would have to be spent and she did not
know how much of the rent had been put into maintenance.
Mr. Carroll explained the rent, and all receipts.
have to go into the Excess and Deficiency Account.
The Chairman asked how much it would cost to take
the house down.
Mr. Carroll replied '200 or $300.
The Chairman asked if the Town spent $200 or $300,
could the house be maintained for thirty days:.
Mr. Carroll replied it could be maintained for
less than that for thirty days. He said he could have
the windows boarded up and the house kept tight.
CZ
or
1
231
The Chairman asked how the Board would feel to grant-
ing an extension of time, say thirty days, before the house
is taken down, and within that time, this group come in
with some concrete suggestions as to what can be done.
Mr. Ripley said the idea of selling it implies ad-
vertising it.
The Chairman said he did not think the Board could
sell it because the land was acquired for a specific purpose.
Mr. Ripley said he meant to sell the property as it
is and get the owner to live in it for the next fifteen
years.
The Chairman said this property has been acquired for
a specific purpose. It does not mean Emerson Road in toto
is through. The Board would have to go to Town Meeting
because this property was acquired for a specific purpose.
It was agreed that two or three individuals repre-
senting the group would take a real estate man, make an
appointment with Mr. Carroll, and go through the house.
Upon motion duly made and seccnded, it was voted
that Mr. Ripley and his committee study the matter and
bring a report within thti ty days, during which time
the Selectmen guarantee not to destroy the house.
The group and Mr. Carroll retired at 10:35 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 discussion with the Town Counsel, pertain-
ing to the 1775 Realty Trust, and a police matter, it was
voted to resume the open meeting.
Upon motinn duly made and seconded, it was voted
to adjourn at 11:07 P.M.
A true record, Attest:
-"Exec ive&Clerk Select pn
'r
f
ci4k, 461
232
SELECTMEN'S MEETING
July 12, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, July 12, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo and Sheldon were present.
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of .public Works, and Miss
Murray, Executive Clerk, were also present.
Hearing was declared open upon application of
Leeland G. McConchie, on behalf of the Christian High
School, for permission to maintain an underground tank
for the storage of 8,500 gallons of #2 fuel oil.,
Fuel Oil Bartlett Avenue.
hearing Notices of the hearing were sent, certificate of
mailing, to the petitioner, owners of the property
deemed to be affected as they appear on the most recent
tax list, and also advertised in the June 2L, 1955
issue of the Lexington Minute -man.
The application had been submitted to and approved
by Chief Fngineer, B. J. Belcastro.
Mr. Arthur Ward was the only person present for
the hearing and stated he had brought down a plot plan.
He informed the Board the fuel oil will not be #2 as
stated in the application, but will be #5 and that was
all he knew about the subject.
Mr. Legro advised #5 would be an entirely differ-
ent oil.
The Chairman asked if it was Mr. Ward's intent to
change the request from #2 to #5.
Mr. Ward replied in the affirmative and said he was
merely doing an errand.
The Chairman asked who had authority to ask for an
amendment.
Mr. Legro advised that the applicant should approve
to an amendment and also the Fire Department.
The Chairman stated the Board could give conditional
approval, the condition being that #5 fuel oil is accept-
able to the applicant and the Chief Engineer.
No one wishing to be heard in favor or in opposition,
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant a license to the Christian High School, 20 Garden
Street, Cambridge, to maintain an underground tank for the
Ward said the school is scheduled to open Sept-
ember 8.
233
storage of 8,500 gallons of #5 fuel oil on premises
located on Bartlett Avenue, subject to the applicant
and Chief Engineer approving the amendment - #5 Eil
instead of #2.
Hearing was declared open upon application of
Dr. Joseph Hill, Jr., for permist-ion to maintain an
underground tank for the storage of 7,500 gallons of
#2 fuel oil on premises located at 178 Lowell Street,
a nursing home. Fuel oil
Notices of the hearing were sent, certificate of hearing
mailing, to the petitioner, owners of the property
deemed to be affected as they appear on the most re-
cent tax list, and also advertised in the July 1, 1965
issue of the Lexington Minute -man.
A Mr. Burton, builder representing the petitioner,
was the only person present at the hearing.
No one present in favor or in opposition, the
hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant a license to Dr. Joseph Hill, Jr., to maintain
an underground tank for the storage of 7,500 gallons
of #2 fuel oil on premises located at 178 Lowell Street.
Mr. Legro stated he had a contract, which he be-
lieved the Board previously voted to award Charles &
Louis Construction Co., Inc., which is in good form
except for one certificate of insurance. He said in
view of the two week's delay, it wa-; his recommendation
that the Board sign the contract and he would hold all
copies until he receives the correct certificate of
insurance.
Upon motion duly made and seconded, it was voted
to 'sign the contract between the Town and Charles &
Louis Construction Co., Inc., all copies to be retained
by Mr. Legro.
Mr. Legro said he had an instrument for the Select-
men to execute an option for the acquisition of the
Swenson Farm.
The Chairman said he would like a short Executive
Session.
Contract
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 discussion with Town Counsel pertaining
to legal matters, it was voted to resume the open meeting.
234
Tax title
Mr. Loran E. Wallace and Mr. Ernest W. Kitchen
met with the Board relative to the acquisition of tax
title lots 50 and 51 Hillside Avenue.
Mr. Wallace said they thought they had made a
good offer considering what other land had sold for
in the area.
Mr. Gray stated the betterments total $939.80.
Mr. Wallace said they offered $1500 free and
clear as of this date.
Mr. Carroll explained this land can be sewered
for which there will be an additional cost.
The Chairman said the offer amounts to $6,000 for
the lot.
Mr. Wallace said and the betterments.
The Chairman said the Board feels $1500 was all
right but the betterments would be in addition.
Mr. Kitchen said $2400 overall is a little high.
The Chairman said they would have a lot of approxi.
mately 12,500 square feet with that they have acquired
from Mr. Irwin.
Mr. Cataldo asked Mr. Carroll how much the sewer
would cost, and he replied approximately $1,000.00 to
get the main available to the lot, not counting the
sewer service.
Mr. Kitchen said in addition, there would be a
charge for land courting and the land in this area is
not worth it.
Mr. Cataldo asked whet he thou_;ht lots would be
worth. in the area.
Mr. Wallace replied $4,000.00.
Mr. Cataldo said, according to the Assessors, lot 6
on Bruce Road just sold for $12,000.00, and the Board has
placed a value on this lot of $6,000 which he felt was
realistic, and $2500 is giving them an opportunity to
make a profit.
The Chairman asked if they wanted the offer to
remain as it is.
Mr. Wallace said they would add $500.
The Chairman said the Board would take the matter
under advisement and let him know.
Messrs. Wallace and Kitchen retired.
The Chairman said the latest bid is $2,000, including
betterments.
Mr. Sheldon said he was going to suggest $2250.
Mr. Cataldo said h4 thought the Town should get
$2500 as the combined lot is worth a minimum of $6,000.00.
It was agreed to advise Mr. Wallace that the Board
decided unanimously, in all fairness to individuals wno
have purchased comparable property, it must stay within
the figure of $2500.
235.
Mr. Aiden L. Ripley, Mr. Wilbur Jaquith, Mr. Stanley
Phalen, builder, Mr. and Mrs. Gordon Steele, and several
other persons met with the Board relative to the house.
at 572 Massachusetts Avenue.
Mr. Ripley said he thought he had a very good prospect
for the house who has gone as far as he can without sign-
ing anything. This individ;a1 stated to him he is inter-
ested in buying the house or accepting it on whatever
grounds the Town wants to dispose of it. If the Town House at
will sell it to him for a token of $1.00, he will take
it from there, that is consideringpricego572 Avenue Mess.
for the lot across the road. Mr. Ripley said, as he
understood it, the whole matter would recuire Town
Meeting action and therefore it would have to be held
over until the first Town Meeting which he hoped would
be in the fall.
The Chairman explained the Board would like to avoid
a fall Town Meeting.
Mr. Ripley said whenever the first Town Meeting is,
he would like to ask this protection that has been
granted be extended until such time as there is a Town
Meeting. He also requested that the shed in back over
the bulkhead be removed.
The Chairman asked if Mr. Ripley was requesting
the Town to guarantee its present condition at least
until a Town Meeting.
Mr. Ripley replied he did not think anyone could
guarantee that.
Mr. Phalen said he met with Mr. Goodwin, an archi-
tect, who is interested. Heleels it can be fixed up
only under the condition it is possible to buy it and
perhaps a lot to put it on.
Mr. Carroll said $2500 to move the house does not
include the foundation.
Mr. Phalen said they estimated 13,000.
Mr. Ripley said there are three other interested
parties:, but this man is first. He cold not do any-
thing for a week and then he came back.
Mr. Burnell asked if this individual lived in Lex-
ington.
Mr. Ripley replied in the negative, and said he
lives in Cambridge and originally lived in North Carolina.
He is married, has three children and is with Architects
Collaborative of Cambridge.
The Chairman asked if it was possible that, between
now and when a Town Meeting is hid, all these people
would cease to be interested.
Mr. Ripley said that is the unfortunate part.
The Chairman explained the Board has to weigh which
is the moat reasonable action to take.
236
Sidewalks
Mr. Ripley said he felt this man was a very good
proppect, who can see possibilities, perhaps because
he is an architect.
Mr. Jaquith said perhaps the Board knew some way
the land across the street could be made available
without a Town Meeting.
The Chairman said it would require Town Meeting
action, and that the Board would take the matter under
advisement.
Mr. Ripley said he was going away Saturday for
three weeks.
Mr. Cataldo asked how much money was being mentioned
for the lot.
Mr. Phalen said he spoke in terms of $6,000 for that
lot.
The Chairman said the Board would still go along with
the thirty days and would take this new information under
advisement, but he could not promise whether a decision
would be made this evening.
The group retired.
Mr. Cataldo said as faras he is concerned, the lot
is worth more than $6,000; a lot a house can be put on.
If these people want the house saved, they could get a
lot and put the house on it instead of keeping the un-
sightly building in the area for a year.
Mr. Sheldon said the house belongs in the area where
it presently is.
Mr. Cataldo said the Board is trying to interest the
people in East Lexington to clean up their properties and
the Town itself is one of the worst offenders.
Mr. Sheldon said he thought it was worth the effort
to save the house and once it is fixed up, it will be an
addition to the neighborhood.
Mr. Cataldo said he was opposed to leaving the house
.there for a year.
The Chairman said the most the Board can do tonight
is to honor the thirty days.
Mr. Sheldon said this would not solve the problem,
and suggested that the subject be brought up again at
the next Board meeting.
Mr. Carroll referred to the construction of Lowell
Street between Ea -t and North Streets and submitted a
plan which he said was discussed by the Traffic Study
Committee last Friday. The question is whether or not
there are to be two sidewalks. He said the problem is
that the existing pavement is pushed away over toward
the westerly side of the layout. His feeling was treat
a street like this would ordinarily have two sidewalks,
but the problem becomes one of actual construction.
1
However, this would result in the sidewalk touching the
house at #537.
Mr. Sheldon asked if it wotld destroy the value of
the house, and Mr. Carroll replied the owners would
certainly suffer something.
Mr. Cataldo inquired as to the cost of the sidewalk.
Mr. Carroll stated $6,000 or $7,000. He said the
Traffic Study Committee felt one sidewalk would be suf-
ficient at this time.
Mr. Sheldon asked if it would cost more to do the
second sidewalk later.
Mr. Carroll stated he will have the cross sections
put in.
Mr. Sheldon suggested only one sidewalk for the
present.
The Chairman said this would be postponing a problem.
Mr. Gray explained the Traffic Study Committee felt
there might not be any need for the other sidewalk.
It was agreed to construct a sidewalk on one side
only, as recommended by Mr. Carroll.
Mr. Legro informed the Board he had prepared and has
an instrument for execution of the option for the Cataldo
land, the Swenson Farm. Option
The Chairman said this being the twelfth of July, Swenson
the Board has until the fifteenth to execute the option Farm
for the land.
The Chairman read a letter from the Lexington Con-
servation Commission recommending to the Board of Select-
men that it exercise the option for the purchase of the
"Swenson Farm".
The Chairman said it is up to the Board of Selectmen
as to whether it wishes to execute this option or not.
He said from the beginning he questioned the possibility
of the Town receiving any reimbursement for this. He
said the Board has been assured by Mr. Sussman that the
Town would be reimbursed. He stated he felt he was: not
being unfair to say the Town Meeting understood this also.
Mr. Sussman said since he was the speaker in favor of
the article, to find out the extent, of the premise of
anything that might have been made beyond his control,
he asked several people whether he had made any absolute
promise on anything beyond his control. He was told he
did not make absolute promises, that he did in fact do
that which was under his control to infer everything
possible would be done to make sure this Town's appli-
cation received favorable consideration by both State
and Federal authorities, and also an attempt would be
made to receive the kind of approval at least that
237
Lowell St.
sidewalk
238
would allow the Town to proceed with the purchase with-
out any jeopardy of their consideration. He said he
has received that much approval from both State and
Federal authorities.
Mr. Gordon Steele, Chairman of the School Sites
Committee, said he talked today with Mr. Foster, who
said the House Ways and Means Committee has approved this,
this is a top priority on the Conservation list. He can-
not put anything in writing at this time, but if he is
called at his home in Needham tonight, he would state how
sure he wa- this would go through. Mr. Foster told him
normally the budget would be approved by this time, but
because of the "hassle" about the tax situation, this was
delayed.
The Chairman reported this is now in Senate Ways &
Means. It has not been approved by House Ways & Means.
There are still some hurdles and the temper in the House
as of today is one where they are inclined to vote taxes
to balance the budget and no more.
Mr. Steele said it seemed to him the Committee would
not have voted if it did not want this to go ahead.
The Chairman said he thought those present would agree
with him that a statement was made that no move would be
made on this until funds were available.
Mr. Sussman said he thought he said something to that
effect and this is the reason he called other people. He
said he knew he indicated that he expected approval of this
application before the time came to proceed and he knew
he indicated they would not proceed if in any way this
would jeopardize the Town's position.
The Chairman said he had asked people too, and they
say they heard what he heard also. He stated the Board of
Selectmen alone can execute the option, and said what goes
through his mind is how much was Town Meeting persuaded
by what it heard. He said he thought the fact there was
a school site involved put some additional weight on the
exercise of the option at this time.
The Chairman said for the fact of the record, Mr.
Cataldo abstained from any discussion.
Upon motion duly made and seconded, it was voted
to execute the option to purchase Cataldo land known as
Swenson's farm.
Mr. Legro said some time ago, he wrote the Board
with reference to mutual aid being furnished on a voluntary
basis between the Hanscom Field Fire Department and the
Town's Fire Department. The Board voted to authorize
the furnishing of aid under this agreement if the termi-
nation clause was inserted. He reported he has made
1
arrangements for that with the Air Force and asked if
the Board wanted to sign the agreement or refer it to
the Board of Fire Commissioners for signatures.
Mr. Burnell said he would think it would be better
for the Board of Selectmen to approve it and let the
Fire Commissioners sign it.
Upon motion duly made and seconded, it was voted
to approve Mutual Aid Agreement between Hanscom Field
Fire Department and the Town's Fire Department, on a
voluntary basis, said agreement to be signed by the
Board of Fire Commissioners.
Mr. Carroll referred to the so-called Lyon parking
lot and submitted a plan of the area, together with a
slide which was used at Town Meeting. He requested
authorization to make a change which would eliminate
six parking spaces, and said he would be gaining fifteen
spaces. He indicated the area which he and the Traffic
Study Committee felt should be left open.
Mr. Burnell said he approved of the opening.
Mr. Sheldon said he would go along with the Traffic
Study Committee's recommendation.
Mr. Cataldo was reluctant to approve the loss of six
parking spaces.
The Chairman asked if there would be any less spaces
than Town Meeting had been told would be there.
Mr. Carroll replied in the negative and said there
would be fifteen additional spaces. He said he could,
on a temporary basis, block this off and conr.ect it at
a later date.
The Chairman pointed out this would raise the question
of six free spaces.
Mr. Carroll explained there would be more circulation
of the parking area by keeping
Upon motion duly made and
to authorize the change in the
as recommended by Mr. Carroll.
Mr. Carroll, with further reference to the so-called
Lyon parking area, said the question has been raised as
to whether or not, along Lyon's prope ty, the Town should
give him access. He explained no such provisions were
made in the deed.
Mr. Sheldon asked what would happen if access was
denied.
Mr. Carroll said he thought Mr. Lyon would have a
piece of dead land. If access is given, he will have
spaces to park four cars.
Mr. Legro said he supposed, over a period of time,
Mr. Lyon could acquire access by prescription.
the area open.
seconded, it was voted
so-called Lyon parking area
239
Mutual Aid
Hanscom
Field Fire
Department
Lyon parki
area
spaces
Lyon acces
to parking
area
240
Painting
contract
Floor in
Cary Bldg.
Mr. Sheldon asked if there was any way to grant
Mr. Lyon this right without endangering the Town's rights
later on.
Mr. Legro said the Board could break it off.
Mr. Cataldo suggested giving Mr. Lyon rights by
agreement.
Mr. Legro advised the Board could give him an annual
license, although the Board did not give such a license
to anyone else.
Mr. Cataldo said the Board would either have to give
him a license by agreement or fence the area off, and
the Board should define whether he has access or does
not have access. If the Board does give him access, it
should be clearly understood it can discontinue it at any
time.
Mr. Legro advised the Board could give him a license
until revoked.
The Chairman asked what precedent this would establish.
Mr. Legro said he did not know enough about the sur-
rounding properties.
Mr. Sheldon suggested an annual agreement.
Upon moti:n duly made and seconded, it was voted
to grant Mr. Robert L. Lyon, 55 Waltham Street, access
to the municipal parking lot to be--:onstructed on ad-
jacent land, said license to be effective until revoked
by the Board of Selectmen.
Mr. Carroll reported on four bids received for
painting Cary and Estabrook Halls, Cary Memorial Building.
Upon motion duly made and seconded, it was voted
to award the contract to John W. Egan Co., Inc., 21
Pleasant Street, Newton, low bidder, in the amount of
$4,550.
Mr. Carroll reported on three bids received for
refinishing the floor in Cary Memorial Building.
Upon motion duly made and seconded, it was voted
to award the contract to Mr. James L. Douglass, low
bidder, in the amount of $775.
Memo was received from Edward W. Brooke, Attorney
General, with reference to organizations authorized to
Eminent use power of eminent domain.
domain Mr. Legro advised he had a copy of the memo which
does not affect any taking the Town has pending.
Letter was received from Henry J. Mascarello, 29
Lincoln Street, complaining about a pool of water below
Complaint the main parking lot to the Hayden Recreation Center.
Mr. Carroll reported he discussed this subject with
Mr. William Maloney, a Trustee of the Hayden Center. He
241
said the hole is fenced off with snow fence and will, very
shortly, be filled in. Mr. Maloney informed him that
there are over 200 children participating in functions
at the Center and there is no danger whatever from this
hole.
The Chairman said he would advise Mr. Mascarello
that investigation shows this pool to be on private
property, presently fenced in, and to be completely
filled in very shortly by the owner.
Letter was received from Francis Keefe, 281 Massa-
chusetts Avenue, Arlington, attorney for Mr. Hoxie,
884 Massachusetts Avenue, Lexington. Mrs. Hoxie re-
ported to Mr. Keefe that the contractor doing work on Hoxie
reconstruction of Massachusetts Avenue was going beyond property
the bounds of the Taking for slope easements on her pro-
perty.
Mr. Carroll said he and Mr. Legro have been working
on this.
Mr. Legro stated easements have been drawn.
The Chairman read a letter from Mr. Peter Gaudun,
25 Shade Street, requesting abatement of se4er better- Gaudun
ment levied against his property, lot 29 Shade Street. sewer
Mr. Carroll submitted a plan and stated Mr. Gaudun abatement
owns three fifty -foot lots which he indicated on the
plan. He also pointed out the sewer location and where
it ends. He said because of the ledge he did not think
it wise to extend the sewer and recom.ended that the
betterment of $246.37 be abated.
Upon motion du_y made and seconded, it was voted
to abate the sewer betterment assessment, in the amount
of $246.37, levied against lot 29 Shade Street, owned by
Mr. Peter Gaudun.
The Chairman read a letter from Mrs. Frederick C.
Frick, 17 smith Avenue, reque ting installation of a
sidewalk in front of her property.
Mr. Carroll said he would send Mrs. Frick a standard
letter.
Sidewalk
The Chairman read a letter from the State Department
of Public Works recommending extension of time on the Chapter 90
Chapter 90 contract covering work on Massachusetts Avenue.
Mr. Carroll explained the contractor had been re-
quested to refrain from doing any excavation until Chapter 90
after April 19 and he recommended that the extension contract
he granted. extended
242
Upon
to extend
Sons, Inc.
October 7,
from June
motion du'y made and seconded
the time of completion of J.
Chapter 90 contract with the
1964, covering work on Massa
15, 1965 to August 2, 1965.
, it was voted
J. O'Brien &
Town, dated
chusetts Avenue,
Letter was received from Mrs. Fred Sgrosso, 8 Homestead
Drainage Street, with further reference to 'a water Eondition at
complaint the end of her driveway.
Mr. Carroll stated Mr. Sgrosso works in the Depart-
ment of Public Works and he would discuss this with him.
Petition was received, signed by Anthony Mazza, 12
Green Lane, and other residents in the area, requesting
Drainage the Town to restore adequate drainage in the area of the
sewer easement between Pleasant Street and Green Lane.
Mr. Carroll submitted a plan and indicated the lo-
cation of the trunk sewer. He said the area was once
a swamp and with the completion of the sewer installation,
it is all open land. The people discovered they have
rear land and think because the brook is not running very
well, the Town did something to it. He said some day
there would have to be drainage put in Pleasant Street.
There is a problem of stagnant water. He said in spite
of the fact he thinks the properties have been bettered,
the Board should consider drainage for the area.
The Chairman asked if the Town created the problem,
and Mr. Carroll replied not in his opinion.
The Chairman asked what obligation the Town had in
regard to peoples' back yards.
Mr. Carroll replied none.
Mr. Sheldon asked how much work Mr. Carroll was
talking about.
Mr. Carroll replied the project would cost between
$10,000 or $15,000.
Mr. Sheldon suggested that the Board advise these
people that it will consider the matter when reviewing
budgets for next year, not making any promises that the
decision will be favorable or unfavorable. He pointed
out there a e no funds available for the project now.
Petition was received, signed by Harold L. Karshbaum,
Adams Est. 9 Westwood Road, and other residents in the area, request -
sewer ing an estimate of the cost of installing a sanitary sewer
in the area known as the Adams Estates.
Mr. Carroll explained this area requires a pumping
station and force main. He said he would figure the
cost of the project and submit his recommendation to
the Board at its next meeting.
243
Letter was received from James J. Lima, Jr., re-
questing a street light at lot 43 Vaille Avenue. Street
Mr. Carroll agreed to take care of the request. light
Letter from the State Department of Public Works
relative to Chapter 90 allotments was noted and placed
on file.
The Chairman read a letter from Manhattan Builders,
inc., by George Matheson, Jr., President, offering Bid for
$31,200 for the parcel of land on Waltham Street, con- land on
sisting of 6,000 square feet, more or less, as described Waltham
on plan entitled "Plan to Parking Lot" formerly of McKay. Street
Mr. Carroll asked what the Board plans to do about
drainage.
Mr. Gray said the bid was subject to a ten -foot
drain.
Mr. Carroll asked if the Town was going to move the
drain, and Mr. Gray replied in the affirmative.
Mr. Cataldo stated there is nothing in the terms of
the bid.
The Chairman said the idea was the drain would be
in the easement and be accessible to the Town.
Mr. Cataldo asked Mr. Carroll to locate the drain.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro, Town Counsel, to draw up an
agreement and to confer with Mr. Carroll.
Mr. Carroll said there has to be granite curbing
across the opening; the aprons going in there should be
excavated out and concreted in.
Mr. Gray read a letter, signed by John P. and Jane M.
Doherty, owners of property located at 29-31 Spring Street,
and Mrs. Anellie Flynn, owner to be of property located at
35-36 Spring Street, both abutting tax title lot 217,
offering $1,000 for lot 217. Since the Town will re-
strict the lot whereby no budding can be erected, the
Dohertys and Flynns would like to divide the lot and
maintain it between them.
Mr. Legro advised that the entire parcel could be
conveyed to both.
The Chairman asked Mr. Gray to prepare all the
facts and submit them to Mr. Legro.
Mr. Gray said he would notify the property owners
that the Board is favorably inclined to sell the lot,
but wants to determine the best method of conveying
the property.
Tax title
244
The Chairman read a letter from Mr. Edwin B. Worthen,
Jr., with reference to the request for permission to place
a Carrier Lexington memorial plaque on the Common.
Mr. Burnell suggested that the plaque be placed in
an appropriate loc°tion in the Historical Information
Carrier Building.
Lexington Mr. Cataldo said he could see no reason why it should
Memorial not be placed in that building.
Plaque The Chairman said the Board agrees there should be
some place to put this plaque; it is just a matter of
resolving where it should be.
Mr. Cataldo said the plaque should stay off the
Common completely and suggested that the Board wait and
see what can be done about locating it in the new build-
ing.
Mr. Sheldon said there is certainly going to be a
room in the Public Facilities Building where this type
of thing is going to happen.
Upon motion duly made and seconded, it was voted
to certify to the Secretary of the Commonwealth of Massa-
chusetts that an enumeration of the inhabitants of the
Town has been duly and truthfully made and complete re-
turns forwarded to his office, and further certifying
the total number of inhabitants residing in the Town of
Lexington, January 1, 1965, was 31, 388.
Upon motion duly made and seconded, it was voted
to certify the character of Robert L. Halfman, 75 Outlook
Cert. of Drive, applicant for Certificate of Incorporation, satis-
Inc. factory character references having been received from
Acting Chief Corr.
Upon motion duly made an seconded, it was voted
to request the Appropriation Committee to transfer the
Transfer sum of $150.20 from the Reserve Fund to the account for
printing the 196L1. Annual Town Report.
Mr. Alan G. Adams, Lexington Minute -man, was pre-
sent and contested the bill because of the number of
blank pages.
Mr. Gray was requested to contact the printer.
Upon motion duly made and seconded, it was voted
Special to appoint Mr. Lyman Cousins, a School Custodian, as a
Police Special Police Officer for a term expiring March 31,
1966.
Jury
List
Upon motion duly made and seconded, it was voted
to adopt the Jury List for 1965-1966.
245
Upon motion duly made and seconded, it was voted
to grant the following uses of halls:
Lexington Field & Garden Club, Estabrook Hall, October 5,
1965; November 2, 1965; January 13, 1966; February 7, Usee of
1966 and April 13, 1966; free of charge, subject to a halls
fee of $3.46 per hour for custodian's overtime services.
Morning Study Group, Estabrook Hall, October 5, 1965,
free of charge.
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to
Jeffrey M. herrick, 65 Gleason Road, satisfactory evi-
dence of his age having been presented in the form of
a birth certificate.
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to
John C. Clymer, 2543 Massachusetts Avenue, and to
authorize the Chairman to sign same providing satis-
factory evidence of his age is presented.
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Francis J. Strazzere
James H. McManus Shoppe
Arthur C. Standley,Bedford
Robert J. Aurphy
Adam L. Ricard
316 Marrett Rod
399 Lowell Street
496 Lowell Street
West Acton
I.D. Card
I.D. Card
Comm. Vict. Licenses
11 tt
Taxi Driver
tt
tt tt
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on June 28, 1965.
Upon motion duly made and seconded, it was voted
to adopt orders for the installation of sanitary sewers
in the following streets: Cedarwood Terrace, Churchill
Lane, Burlington Street, Follen Road, Maple Street,
Marrett Road, Watertown Street and Waltham Street.
(Copt -3s on file in the Selectmen's Office under Sewer
Orders, 1965).
The Chairman read a letter from Miss McDonough,
Town Treasurer, advising that it is necessary for
her to borrow $700,000 in anticipation of taxes.
Minutes
Sewer
Orders
Borrowing
246
Classifi-
cations
Payment #2
Public
Facilities
Building
Buckman
Tavern
Fire Alarm
System
Public Works
Building
Executive
Session
Upon motion duly made and secondee,, it was voted
to approve the bid of 2.04% discounted, submitted by
the Lexington Trust Company.
Consideration of the subject of classifications of
all positions in the Town was held over until the next
meeting of the Board.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign Certificate of Pay-
ment No. 2, Public Facilities & Information Building,
Chiavarini Construction Co., Inc., in the amount of
$4,215.15, the bill having been approved by the archi-
tect.
Mr. Gray said some time ago, he received a letter
from Mrs. George P. Morey, President of the Lexington
Historical Society, with reference to the fire alarm
system in Buckman Tavern. The cost of the system is
$350, and the Society would like the Town to share in
the cost.
Upon motion duly made and seconded, it was voted
to pay half the cost for installing a fire alarm system,
not exceeding $175; Mr. Carroll, Superintendent of Public
Works, to use his discretion as to what account this is
to be charged.
Mr. Cataldo reported on a meeting of the Public Works
Building Committee and to justify its position as to
whether any department in the Town Office Building should
be moved, the committee would like the Board to authorize
it to employ two clerks. These clerks would make a
survey of the people coming into the Town Offices and to
what offices they were going to. He explained the
salaries could be charged to the appropriation for the
clerical labor pool.
Upon motion duly made and seconded, it was voted
to grant the request and authorize the committee to
employ two clerks, the salaries to be charged to the
appropriation for the clerical labor pool.
Mr. Sheldon retired at 10:35 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 fin,:ncial interest of the Town, or the reputation
of any person.
Following discussion relative to the garbage con-
t:act, and sanitary land fill accidents, it was voted
to resume the open meeting.
Upon motion duly made and seconded, it was voted
to go into Executive Session for thepurpose of dis-
cussing, deliberating or voting on matters, which, if
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 garbage con-
tract, and sanitary land fill accidents, it was voted
to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 11:03 P.M.
A true record, Attest:
lerk Selectm
247
Executive
Session
248
SELECTMEN'S MEETING
July 26, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, July 26, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Sheldon, and Mabee 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. Arthur E. Burrell, Director of Civil Defense,
met with the Board, and stated he had given the Board
all he could say in writing.
The Chairman asked what he had requested an appoint-
ment with the Board for, and he replied he needed funds.
The Chairman said he read the letter (all members
Civil received a copy at their homes) what really is needed
Defense is a request for a transfer of funds.
(transfer Mr. Burrell said he was suggesting to the Board
that it might be prudent to step things up a little bit
and they can't be stepped up without money.
Mr. Cataldo asked if Mr. Burrell had some men who
had gone to that school.
Mr. Burrell replied in the affirmative and stated
a man on the Fire Department. Neither he or the man
feel it would-be smart to have him teach. He does not
want to teach and he does not think he is competent.
He said the one who strikes him as attractive at this
point is one of the Auxiliary Firemen. He said he has
talked to him and he is willing to go down. He has a
background.
The Chairman said he thought if Mr. Burrell got the
money, he had the personnel to draw from.
Mr. Burrell said the problem is getting someone with
time to teach.
The Chairman asked how Mr. Burrell justified a re-
quest for a transfer of money for the Civil Defense
program, and stated, speaking as an individual, he
thought it was justified.
Mr. Cataldo asked if the warning gystem was all
set.
Mr. Burrell replied this was originally on there for
the cost of leased telephones. He held back $200
hoping he might be able to spend it in November or
December.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $1,685.50 from the Reserve Fund to the Civil
Defense Expense Account.
The Chairman suggested that a copy of Mr. Burrell's
letter be sent to the committee with the request for the
transfer.
Mr. Sheldon suggested that Mr. Burrell meet with
the committee.
Mr. Mabee abstained from voting. He said he did
not see the necessity for a transfer now. He said the
question was one of timing and he wanted to know why
this could not be done at the Annual Town Meeting. Be
asked why this was not included in the budget last year.
Mr. Cataldo stated that Mr. Burrell explained in his
budget request that it was enough money to maintain the
present level.
Mr. Mabee said he was not opposed, but he wished to
be recorded as abstaining.
Mr. Burrell said these are long -need items.If they
are needed in December there won't be enough time.
Mr. Sheldon said Mr. Burrell has not asked for any-
thing until he felt it was necessary and stated he thought
Mr. Burrell had done an admirable job all the way through.
Mr. Mabee said the report is good and what Mr. Burrell
is trying to do is good, but he would rather take no stand
at this time on a transfer and that is why he wished to
be recorded as abstaining.
Mr. Burrell retired at 7:L5 P.M.
Mr. Legro stated
the Town and John W.
Cary Memorial Hall.
Upon motion duly
to sign the contract
he had prepared a contract between
Eagan Company, Inc. for painting
made and seconded, it was voted
as submitted by Town Counsel.
Mr. Carroll reported on bids received for street and
drain work Contract No. 2, and recommended that the con-
tract be awarded to the low bidder, Belli Bros., Newton-
ville.
Upon motion duly made and seconded, it was voted
to award Contract No. 2 for street and drain work to
Belli Bros., the low bidder, in the amount of $129,757.50.
Mr. Carroll reported on bids received fon sewer work
Contract No. 3, and recommended that the contract be
awarded to Fantoni & Bitsoli Co., Inc., the low bidder.
Upon motion duly made and seconded, it was voted
to award Contract No. 3 for sewer work to Fantoni &
Bitsoli,Co., Inc., the low bidder, in the amount of
$86,006.00.
249
Contract
signed
Contract
awarded
250
W. Legro, referring to both previously mentioned
contracts, said he had the same comment to make on both;
a provision in the contract has to be corrected and this
is in the process of being done. He asked the Board to
Contract sign the contracts which he would hold.
awarded Upon motion duly made and seconded, it was voted
to sign a contract, prepared by Town Counsel, between
the Town and Fantoni & Bitsoli Co., Inc., Contract No. 3
for sewer work, the contract to be held by Town Counsel
until it is in proper form.
Upon motion duly made and seconded, it was voted
to sign a contract, prepared by Town Counsel, between
Contract the Town and Belli Bros., Contract No. 2 for street
awarded and drain work, the contract to be held by Town Counsel
until it is in proper form.
The Chairman referred to a.memoranndum received from
Attorney General, Edward W. Brooke's Office, regarding
the Conflict of Interest Law.
Mr. Legro stated he had also received a copy.
The Chairman said it was information for the Board
at the moment and Mr. Legro agreed.
Mr. Legro explained it makes another exception which
does not affect the Board.
The Chairman requested that a copy of the memorandum
be sent to each member of the Board.
The Chairman read a letter from the New England
Telephone and Telegraph Company requesting permission to
place three stub poles andthree anchor guys on Town
S
tubea
o
p 1 property.
andu s
8 y Mr. Carroll advised the Boardhe hadlookedintothis with a representative from the telephone company
and Mr. Mazerall. He reported the trees are dead and
the guy wire should come off, but the Board should make
it known to the telephone company that permission is
temporary.
Upon motion duly made and seconded, it was voted
to grant permission to the New England Telephone and
Telegraph Company to place three stub poles and three
anchor wires on Town property, land located on Lincoln
Street formerly used as the Town dump, with the under-
standing that permission is granted on a temporary
basis and may be changed when the Town decides to use
the area for any purpose.
Request was received from Robert R. Williams and
Theodore E. Neale, Ward Street, for installation of
sewer to serve their homes.
2
The Chairman said Mr. Carroll would follow the
usual procedure on this and send out a petition, the Sewer
project to be included in the budget for next year.
The Chairman read a letter from Metropolitan
Building Movers, Inc. for permission to move a build-
ing from 1281+ Concord Turnpike to 917 Massachusetts
Avenue. Permit
Mr. Carroll reported he had discussed this with
Acting Chief Corr who advised everything was in order.
He stated a building permit has already been issued.
Upon motion duly made and seconded, it was voted
to grant the request subject to the usual provisions.
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 discussion with Alan Silverman, it was
voted to resume the open meeting.
Request from Dr. Harold S. Lebow, 28 Oakmount
Circle, for a street light was read by the Chairman.
Mr. Carroll said he would take care of it.
The Chairman read a letter from Aiden L. Ripley
requesting an extension of time on the house at 572
Massachusetts Avenue.
The Chairman said the group was given thirty days
which are about up. He asked how many members of the
Board had looked at the house.
Mr. Cataldo had looked at it; Mr. Sheldon looked at
it about thirty days ago and Mr. Mabee looked at it from
the outside only.
Mr. Sheldon asked if the house was as reasonably
protected as it could be from vandalism, and Mr. Carroll
replied in the affirmative. He said he had not removed
the shed because the Board had not discussed it with him.
Mr. Sheldon said even though this house is an eyesore,
in view of historic districts, he would be inclined to go
along with Mr. Ripley's request.
Mr. Mabee said he felt the same way.
Mr. Cataldo pointed out no one has come up with a
concrete offer, and they want the land friu ppactically
nothing. He said the house is not a good looking house
to begin with, even if restored. A lot down the street
sold for $8,000 so the lot is worth at least that.
Mr. Sheldon said he thought the man would pay that.
Street
light
252
Mr. Cataldo pointed out no one has said so.
Mr. Sheldon said Mr. Ripley could obtain a firm offer.
Mr. Cataldo asked why these people who are interested
did not find a lot and move the house.
Mr. Sheldon stated some of thegroup wanted it to
gs across the street and to keep it in the immediate
neighborhood.
Mr. Cataldo said the Board is asking Mr. Cummings
to remove his unsightly building, but the Board is doing
the same thing.
Mr. Sheldon asked if Mr. Cataldo would go along with
an extension if the man will pay $8,000.
Mr. Cataldo replied in the negative. He said if this
man says he has some place to put the house on, he would
be willing to sell it and have it taken away.
Mr. Mabee asked why the Board wanted to keep the land.
Mr. Cataldo replied the Town is purchasing land every
year and this way the avenue can be kept clean. He said
if it were a good looking house, he could see it.
Mr. Sheldon said Mr. Cataldo was not in favor of the
location across the street regardless of what the man wants
to pay for it and Mr. Cataldo said that was correct.
Mr. Sheldon mentioned if theman would, within a
reasonable time, find land somewhere else.
Mr. Cataldo said he would not want this to go on
for a year.
?Jr. Sheldon said theBoard gave the impression,
not that this was acceptable, but that it would be con-
sidered. He said the Board did not charge this committee
to find another lot and it should give them a chance.
Mr. Cataldo asked what if it were left there and
turned down by Town Meeting.
Mr. Mabee said there would then not be any problem.
The Chairman asked if the four members of the Board
could agree, if they could find another lot somewhere else
the Board would have no objection to them having the house
Mr. Legro advised that the Board has the power to
demolish the house and has the power to sell it.
Mr. Sheldon said they may need sixty days rather than
thirty.
Mr. Cataldo stated if the house had good lines, good
architecture he would say yes, but just because it was
built in 1860 he could not see keeping it there. He said
the Board could agrees that if they dont game back at the
end of sixty days with a concrete proposition, the house
would be torn down.
Mr. Mabee said he would go along with that first.
He said he would subscribe to thirty or sixty days.
Mr. Sheldon said Mr. Ripley is on vacation.
Upon motion duly made and seconded, it was voted
to extend the time for thirty days, and within that
thirty -day period, the group interested in the preser-
vation of the house is to come back to the Board with a
concrete proposal to move it to another piece of private
land, with a willing buyer.
The Chairman read a letter from the Metropolitan
District Commission with reference to distribution of
water problem during periods of high draft.
W. Carroll explained there is no problem in Lex-
ington as there is sufficient water for two and a half
years, but there is a problem with the aqueduct and the
Sudbury River.
Mr. Catd.do suggested that the paper ask for a
voluntary curtail of the use of water.
Mr. Carroll said he could ask for a voluntary
curtailment on outside sprinkling.
Upon motion duly made and seconded, it was voted
that the Chairman issue an appropriate statement.
W. Carroll said he would confer with the Chairman
on the statement for the paper.
W. Carroll reported a telephone call he received
from the gas company Friday about a problem. He asked
for a ]atter, but Mr. Stockwell from the Mystic Valley
Gas Company is present.
Mr. Stockwell said this summer the company was
putting in a new gas main on Massachusetts Avenue before
the street was built. At #465 the company had a service
that went into the house. A new line was placed on the
opposite side of the street into the house. This line
was damaged by the contractor. At that time the company
had to abandon that pipe. They intended to go in after
the excavation was completed and put in another gas line,
but the second gas line was never put in before the
street was resurfaced. The company is now asking per-
mission to come up the sidewalk area or the grass plot
area from #445to serve #465. He said the sidewalk
or grass plot would be restored.
Mr. Cataldo said#4b5 is Mr. Cummings' property.
W. Stockwell said that was correct.
The Chairman said it was his understanding all
utilities were notified well in advance.
Mr. Carroll said a service was put in which was
broken by the contractor. In the confusion, the company
forgot.
Mr. Sheldon said the error was on the part of the
gas company and Mr. Carroll said that was correct.
253
Water
254
Tax title
Mr. Stockwell said the first time it was ripped out
by the contractor and they intended to go back and put
in a new gas line. However, when someone thought of it
again, the street had been resurfaced and the house now
needs a gas service.
Mr. Carroll said his feelings are exactly as they
were on Blake Road.
The Chairman stated on Blake Road the Board made an
exception and said it would not set a precedent.
Mr. Mabee asked if Mr. Carroll recommended going up
the sidewalk.
Mr. Carroll replied he did not think it is any more
satisfactory today than it was on Blake Road.
Mr. Stockwell retired, but returned later in the
meeting with Mr.Cummings. He said he learned from Mr.
Cummings there is a man, his wife and four children
living in the house and gas is the only way they can
cook, heat water or heat the house. As far as Mr.Cummings
knew, he thought the gas had only been turned off. He
called the gas company last Wednesday to have it turned on.
In checking into it, they found the service had been ripped
up and not replaced the second time.
Mr. Cummings said these people can't heat water or bathe.
He had the gas company put in a new gas heater in the cellar
and put in a new gas stove. He said the company notified
him that the line coming into the house was broken by the
builder, but by that time the people were already living in
the house. He said it was not his fault that the line was
ripped out.
Messrs. Stockwell and Cummings retired at 9•:05 P.M.
Upon motion duly made and seconded, it was voted
to deny the Mystic Valley Gas Company's request for per-
mission to install a gas line in the sidewalk or grass plot
area from #145 Massachusetts Avenue to serve #x.65 Massaohu-
setts Avenue.
Further consideration was given to the sale of tax
title lot 217 Spring Street.
Mr. Legro said if the Board would tell him what it
wants to do he would straighten the matter out in preparing
the deed. He stated if the Board wants to convey the entire
paroel to the two families, and this is acceptable to them,
the only restriction it would want to have placed in the
deed is it will not be built upon. If it wants to divide
the lot and sell to each of the two owners, then there will
have to be a restriction that the two parcels are to be
combined with the existing lot. He said he would recommend
that they be required to furnish a plan showing the division
of the lots.
Upon motion duly made and seconded, it was voted
to sell andconvey tax title lot 217 Spring Street; half of
1
1
which will go to John P. and Jane M. Doherty, 29-31 Spring
Street, Lexington, and the other half to Annellie Flynn,
35-37 Spring Street, Lexington, for $500.00 each half with
the restriction on the land that it shall be annexed to the
present lots owned by Doherty and Flynn, that the land will
not be built upon and that a plan of the land be submitted
to the town.
Mr.Legro said he would like Nr. Gray to tell these
people that he would like their title reference on the
property they now own.
Upon motion duly madeand seconded, it was voted to
certify the characters of Charles Francis Mahoney, 110
Pleasant Street and A. Leonard Fires, 2L. Buckman Drive,
both individuals having applied to the State for a
Certificate of Incorporation.•
Upon motion duly made and seconded, it was voted
to abate ambulance bill #182 charged to Thomas L. Flannery,
L. Winston Street, in the amount of $7.00, the Chairman
having explained the bill was made out in error.
Upon motion duly made and seconded, it was voted
to grant Stanley Hill Post #38, American Legion, the use Use of
of Cary Memorial Hall on Sunday, September 19, 1965, for hall
Installation of Officers, free of charge.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to Richard Khachadoorian, License
L42 Waltham Street, satisfactory character reference
having been received from Acting Chief Corr.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a Liquor Purchase
Identification Card for Robert J. Ploof, 759 Marrett
Road, satisfactory evidence having been submitted that
he is over twenty-one years of age.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a Liquor Purchase
Identification Card for Karleen Boerner, 35 Shirley
Street, the card to be held until satisfactory evidence
is submitted that the applicant is over twenty-one
years of age.
255
Cert. of
Inc.
Ambulance
bill
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on July 12, 1965.
I.D. Card
I.D. Card
Minutes
256
Classification of boards, committees and commissions
was held over.
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 salary category,
with Mr. Carroll, and legal matters with Mr. Legro, it was
voted to resume the open meeting.
Upon motion duly made and seconded, it was voted to
adjourn at 10:00 P.M.
L",
A true record, Attest:
ate iv Clem, Select en
1
257
Selectmen's Meeting
August 9, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, August 9, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo and Mabee were present. Mr.
Legro, Town Counsel, Mr. Higgins, Assistant Town Engi-
neer, Mr. Colella, Assistant Superintendent of Public
Works, Mr. Gray, Executive Assistant, and the Aoting
Clerk were also present.
At the request of the Town Clerk, two jurors were
drawn. The following individuals were drawn for jury Jurors
duty: Joseph E. Belcher, 65 Williams Road, and Warren W.
Johnson, 5 Dane Road.
At 7:35 P.M., hearing was declared open upon appli-
cation of Shell Oil Company for permission to maintain
underground tanks for the storage of 16,000 gallons of
gasoline, 500 gallons of waste oil and 500 gallons of
fuel oil, to be used to heat the building, and for stor-
age above ground 1,000 gallons of motor oil and 500
gallons of antifreeze, to be stored in metal containers
or steel drums.
Notices of the hearing were sent, certificate of
mailing, to the petitioner, owners of the property deemed
to be affected as they appear on the most recent tax
list, and also advertised in the July 22, 1965 issue
of the Lexington Minute -man.
The application had been submitted to and approved
byChief Engineer, B. J. Belcastro.
Mr. Harold E. Stevens, Attorney for the Shell Oil
Company, and one other gentleman were the only persons
present at the hearing.
Mr. Stevens stated this is the present Shell station
at the corner of Marrett Road and Lincoln Street, which
was operated by Mr. Lowry, and only this year one of his
sons Who took over, passed away suddenly. The property
has been leased to Shell, who will remove all the exist-
ing equipment and erect a new building at 286 & 266 Lincoln
Street which is in the C-1 zone. This is the same sort
of modernization Gulf Oil is using now, 18,000 gallons.
Shell is only asking for 16,000. The trucks are now built
to carry over 8,000 gallons and the common practice is
8,000. They make fewer deliveries. Shell has included,
as is customary, 1,000 gallons of motor oil, and 500
gallons of antifreeze, so that the permit can cover every -
Shell Oil
hearing
258
thing and there will be no question. This permit will be
in lieu of all prior permits.
The Chairman asked if there were any other proponents
who wished to speak, and then asked if there were any
present in opposition.
A gentleman who did not give his name asked if the
petition in opposition was received, and the Chairman
replied in the affirmative, stating it would be incorpo-
tated in the record. The Chairman also asked if he
had anything he would like to say, and he replied in
the negative.
Mr. Cataldo asked if there were any reasons given
for the opposition, and the Chairman replied in the
negative.
The Chairman asked if there were any other objections.
Hearing none, the hearing was declared closed. The
Chairman stated it would be taken under advisement and
that the Board would announce its decision.
Mr. Burnell stated that this would change the area
considerably, and the Chairman stated a permit was given
to Gulf Oil, and if one was given a permit, the Board
would have to give it to others.
Mr. Burnell also stated that the Board was aware
of the traffic problem at Five Forkk, and Mr. Cataldo
felt that had nothing to do with it.
Mr.Mabee stated Shell was using land that was
residential even though zoned for business; it was resi-
dential before.
Upon motion duly made and seconded, it was voted
to grant a license to the Shell Oil Company to maintain
underground tanks for the storage of 16,000 gallons of
gasoline, 500 gallons of waste oil and 500 gallons of
fuel oil, to be used to heat the building, and for stor-
age above ground 1,000 gallons of motor oil and 500
gallons of antifreeze, to be stored in metal containers
or steel drums.
Helping was declared open upon petition of the Boston
Edison Company for permission to locate conduit in Waltham
Conduit Street, approximately 270 feet southwest of Worthen Road
location a distance of about 10 'feet.
Mr. Serverson stated there is a small piece of conduit
going to service the new apartments.
The Chairman asked if the Board had any questions.
No one appearing in favor or in opposition, upon
motion dulymade and seconded, it was voted to approve
the following conduit location:
Waltham Street, approximately 270 feet southwest of
Worthen Road, a distance of about 10 feels - conduit.
1
1
259
Mr. Higgins stated that bids were opened this morn-
ing for Traffic Signals.
Thelow bidder, New England Traffic Signals, Inc., Traffic
$4,340.00; R. W. LeBaron, Inc., $4,370.00; Municipal Signal bid
Signal & Supply Co., $4,780.00.
Mr. Higgins stated that the New England Traffic
Signals, Inc. installed the signals at Worthen Road and
Bedford Street and also at Hill and Bedford Streets,
and Reed and Bedford Streets. He recommended that
the bid be awarded to them.
Upon motion duly made and seconded, it was voted
to award the bid for Traffic Signale. to the New England
Traffic Signals, Inc., at their low bid price of $4,3.0.00.
The next item Mr. Higgins had was for approval of a
sewer easement. He statedthis is for the first sewer
contract this year. It includes two properties, the Sewer
property of Longfellow Road and one off Longfellow Road easement
and Red Coat Lane. The location of this sewer has been
made and the people contacted, and they are in agreement.
He stated they would like a vote of approval so that
the final plan can be worked up. This is for tentative
approval, as this is not the final plan.
Upon motion duly made and seconded, it was voted
to grant tentative approval for sewer easements on two
properties, one of Longfellow Road and one off Longfello r
Road and Red Coat Lane.
The next item Mr. Higgins had was on the second
sewer contract. He stated it would be necessary to
detour for about three weeks at Route 2 and Pleasant
Street. The State hasbeen contacted, and they expect
their approval. The State has certain regulations,
and the Town has to have a Police Officer, and it will
be advertised.
Mr. Higgins reported he had an announcement that
the Federal Government has given the Town a grant of a
Sewage Force Main for the Brook Street Pumping Station
hot to exceed $49,800.00.
Mr. Higgins reported on Federal Aid on the Wood-
haven Trunk Sewer. The Federal Government originally
set up four stipulations before Federal aid wcald come
through. 1) The Woodhaven Sewer had to be completed;
2) The laterals had to be started; 3) The Deer Island
Treatment plant had to be complete: 4) The Arlington -
Lexington Relief Sewer had to be complete but now it has to
be under construction. The Federal Government says he
will not get money for our trunk sewer until it is complete.
Detour
Pumping
Station
260
The Chairman stated he had given approval over the
'phone for Mr. Canfield, 'rjl York Street, to meet with
the Board.
Mr. Canfield stated he was at the meeting in con-
nection with a short piece of road which adjoins his
property at the upper end of Woodland Road where it
joins York Street, , which is a private way and has never
been accepted. It is fairly heavily traveled and is
disintegrating rapidly. He said the roadbed on Woodland
Road is due for a resurfacing and his concern is that
it should get first aid before winter. He stated in
ten years the section has never been touched.
Mr. Higgins stated it will be fairly expensive to
repair it.
The Chairman said his understanding is that the
Woodland Town has no right to go on private ways and it is an
Road unaccepted street and will need Town Meeting actioh.
Mr. Legro said that was substantially correct.
Mr. Canfield asked what procedure to follow to
put it before Town Meeting.
The Chairman stated a petition should be sent to
the Board of Selectmen asking to have it accepted as
a public way. An article is then inserted in the
warrant, and if Town Meeting approves it, the Town
constructs it.
The question was asked about the other abutters
and Mr. Canfield replied Mr. Wark and Mr. Little, but
Mr. Little did not use theroad as he and Mr. Wark do,
and said the street should be considered for acceptance.
Mr. Burnell asked if this would have to be recon-
structed, and Mr. Higgins replied reconstructed and
widened.
Mr. Burnell stated if it were accepted, a new base
would have to be put in.
Mr. Canfield retired at 7:55 P.M.
The Chairman read a letter from Ross Furniture
Company, 1789 lyassachusetts Avenue, relative to the
Damages taking of the aunt Block and requesting the Board to
submit an offer in settlement of damages.
The matter was referred to Tewn Counsel, who
stated he would give the Board an answer on it.
The Chairman read a letter from Peter C. and
Mary M. Rommell, 15 Bennett Avenue, relative to accept-
ance of the offer of $20.00 for land damages due to
the taking necessary for the layout of Bennett Avenue.
Town Counsel stated he would prepare a confirmatory
deed and send it to them for signatures, awarding damages
in the amount of $20.00.
Land
'damages
CO
t
Z7"
C12
atio
1
261.
The Chairman read a letter from Mr. John M. Ingraham,
35 Hayes Lane, relative to a sewer betterment on his
property and requesting that a deferment be granted.
The Chairman said the Board was familiar with the Sewer
location. betterment
Mr. Higgins stated that the betterment has not been
assessed on it.
The Chairman stated no action could be taken until
the assessment has been made.
Upon motion duly made and seconded, it was voted
to sign two copies of Memorandum of Agreement, Chapter 90 Agreement
Maintenance, Lincoln Street.
Chairman referred to the release from the MDC, copies
of which were sent to the Board.
Mr. Colella stated he talked to Mr. Toole with begard
to the ban on watering, and with regard to Cities and Towns
comingout and ordering a ban. They expected a 10%
decrease in consumption, and unless it goes to 10% less Release
than it is now, they will ask for a ban. He reported from MDC
the Town had ceased to water public grounds last week.
The Chairman stated every effort should be made in
the conservation of water, and the Board agreed.
Mr. Adams will have a statement in the paper asking
the citizens to use discretion.
The Chairman read a petition of Boston Edison Company
and New England Telephone & Telegraph Company for three
poles on Concord. Avenue, and asked if the Board had any Pole
questions. locations
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fdlow-
ing i/o pole locations:
Concord Avenue, northeasterly side, northwesterly from
a point approximately 170 feet northwest of Waltham
Street, --
Three (3) poles.
(Three existing JO poles to be removed.)
The Chairman read a letter from the State Department
of Public Works relative to plans for the section of Route
2 from a point 2000 feet west of Park Avenue westerly to
the vicinity of Watertown Street.
Mr. Cataldo reported they had a meeting with Peacock
Farm and they have released the traffic figures. He
stated they will set up a meeting and report back to the
Board.
Route 2
262
The Chairman read a list of Election Officers for
aeetion the 1965-1966 term, expiring September 1, 1966.
Officers Upon motion duly made and seconded, it was voted
that these officers be reappointed.
let
The Chairman read/rr°omrthe Massachusetts Selectmen's
"Jimmy Fund" Association, relative to the "Jimmy Fund", He stated
that the Board could urge fellow townspeople to support
this worthy cause.
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to
I.D. Card William H. Spiers, 185 Lowell Street, satisfactory
identification of his age having been presented in the
form of a birth certificate, and to authorize the
Chairman to sign the same.
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to
I.D. Card Linda R. Johnson, 18 Saddle Club Road, satisfactory
identification of her age having been presented in
the form of a birth certificate and to authorize the
Chairman to sign the same.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on July 26, 1965.
Mr. Harry King, 6 Scotland Road, met with the Board
with reference to his sewer easement.
He stated he had a sewer pipe going through his
property, and he did not feel any betterment charge
Sewer should be put on, as the sewage pipe left it worthless
easement to them; they cannot build on it, there is a manhole
cover at the end of the property so the land has not
been put back the way it should be. He questioned
why they should pay a betterment when the land was
taken from them.
Mr. Cataldo asked if this is off Woburn Street.
Mr. Higgins showed the plan of the property.
The Chairman stated Mr. King was connected to the
sewer so he had received some betterment. The Chairman
asked how much the betterment was, and Mr.King replied
$739.00.
Mr. Burnell asked if there was a sewer in Scotland.
Road, and looking at the plan stated this is the only
way the Town could come in and was the most economical.
Mr. Cataldo asked where Mr. King's driveway was.
Mr. King stated it was supposed to be a 5' trench
but it is 15'.
Mr. Cole said Mr. Higgins would check this out.
Mr. Higgins stated when they originally went down
and talked about a sewer easement, it is 15' and 5' on
the next property. It was decided by the Board that
the sewer had to go in that location. He stated Mr.
King was very cooperative. He was told what the better-
ment charge was and asked if he wanted to connect to the
sewer and he said, no. Later on, he was asked again
if he wished to connect, and he did, so they were assessed
a betterment. They are connected and they have been
assessed $739.96.
Mr. Cole suggested that Mr. King talk with Mr. Legro
and come back to the Board with his recommendations.
Mr. Legro stated he hadn't considered this at all.
Mr. Cole reported the Board would have a recommendation
and advise Mr. King.
Mr. King retired at 8:20 P.M.
Mr. Gray reported he had a bill from the Architect
for the Public Facilities Building, Mr. Harry Erickson,
which was in proper form, in the amount of $7,346.35.
Upon motion duly made and seconded, it was voted
to authorize theChairman to sign the Certificate for
Payment to F. Chiavarini & Son Construction Company,
Inc., in the amount of $7,346.35.
Upon motion duly made and seconded, it was voted
to authorize payment of the bill of Harry C. Erickson,
Architect, for fees, in the amount of $381.27.
Mr. Gray reported he had a telephone call from Mr.
Nicksay, Clerk, Arlington Board of Selectmen, relative
to that Board meeting with this Board, and the date
Mr. Nicksay suggested was August 23.
The Chairman stated he talked with Joe Greeley,
Chairman of the Arlington Selectmen, and had some
talk on the Great Meadows, showing them the line of
procedure. The Board will know when it meets with
them on the 23rd.
Upon motion dulymade and seconded, it was voted
to cancel the Selectman's Meeting scheduled for August
16, and to hold a regular meeting on August 23, 1965.
The Board will meet with the Arlington Board of
Selectmen on August 23, at 8:00 P.M.
Mr. Gray reported that the American Legion had
requested permission to use 600 feet of snow fence
and the reviewing stand for their Labor Day affair
on the Parker Field. He stated as regular procedure
Mr. Carroll does not let this equipment out.
2-63
Certificate
of Payment
Pub. Facil,
Building
Meeting -
Arlington
Board of
Selectmen
264
American
Legion
Country
Fair
The Chairman stated it is to be a ('ountry Fair. It
merits of the organization
is a matter of policy, not on the
but on the policy.
Mr. Cataldo stated
organizations.
Mr.Mabee suggested
Mr. Colella stated
that the Board has gone along with
charging a maintenance fee.
it is an expense to put the sections
of the reviewing stand together.
Mr. Cataldo questioned if they would bring it back,
that it is a good deal of work.
The Chairman asked if it was policy for the Town
to rent any of its equipment, and the answer was, it has
to be a new policy.
Mr. Cataldo stated the Town does not rent anything
any more.
The Chairman stated he would like to help the Legion
out, and Mr. Cataldo said let them take it without charge;
the Board should decide, and asked how it could stop.
Mr. Mabee suggested setting up a policy with the
understanding that a charge be made, a nominal fee.
Mr. Burnell asked about the wear and tear, and Mr.
Colella said it could be trampled over.
The Chairman asked in what part of the Town would
it be necessary to use the snow fence, and Mr. Colella
replied it was used at Kennecott Copper on Spring Street,
to protect new grass, to extend the fence at the Lincoln
Street land fill, etc.
Mr. Cataldo asked if it was stored at the barn.
Mr. Mabee suggested that it could be rented somewhere.
If it was the Board's decision to make, he would not re-
commend it.
The Chairman asked for a cheek to see if they had
600 feet, and Mr. Colella thought only about 350 feet,
and that would not be sufficient, and the reviewing stand
is stored away for next year.
The Chairman stated that this answer be given them.
Mr. Flynn, Commonwealth Service Corps, met with the
Board at 8:30 P.M.
The Chairman stated the Boerd had received his letter,
together with the enclosures.
Mr. Flynn explained this is a new State Agency, formed
about one year ago, with five regional offices. It was
founded with $116,000.00 to hire a staff to get technical
assistance towards the goal of community action councils.
Watertown, Arlingt9n, Waltham, Belmont, Newton, Lincoln,
Weston and several other towns in this area are in the
process of working into the action of appointing councils.
He suggested a group of citizens designated by the selectmen
1
265
concerned with social welfare to work into the needs of
Lexington, developing; special programs. He stated
Lexington probably would not have many provisions of
poverty provided by the Act, but programa could be
carried out with other councils in the regional area,
at Federal expense.
Mr. Flynn talked at length on the merits of the
service corps, the Chairman referred him to Mr. Gray,
Executive Assistant to the Boardoho he said would go
over the literature. Mr. Flynn could then report back
to the Board on what would affect Lexington most bene-
ficially.
Mr. Flynn retired at 9:20 P.M.
Classification of Employees was held over until Classifi-
all members of the Board were present. cations
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 Executive
public, might adversely affect the public security, %ession
the financial interest of the Town, or the reputation
of any person.
Following a report of Mr. Gray on Town Accountant,
and discussions with Mr. Legro on legal matters, it
was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:50 P.M.
A true record, Attest:
Clerk, Selectmen
i �y
266
SELECTMEN'S MEETING
AUGUST 23, i� 6
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, August 23, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
were present. Mr. Legro, Town Counsel, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present.
Mr. Stephen Choate, 10 Childs Road, Lexington,
applicant for a Guide's license, met with' the Board.
The Chairman explained that the applicant had
passed the examination and was certified by the Acting
Chief of Police.
Guide Upon motion duly made and seconded, it was voted
to issue a Guide's license to Stephen Choate, 10 Childs
Road, for a term expiring April 1, 1966.
Request for four jurors was received from theTown
Jurors Clerk. The following individuals were drawn for jury
duty: James G. Cassani, Jr., 28 Barbell Street; John M.
Colman, 14 Chase Avenue; William Hall, 38 Kendall Road;
Francis L. Bradley, 6 Farmcrest Avenue.
Letters from Miss Lillian Jones, 8 Buckman Drive,
and Mrs. Percy H Lanpher, 7 Buckman Drive, requesting
the installation of additional street lights on Buckman
Street Drive.
lights A copy of the letters had been submitted to Mr.
Carroll who advised the Board that he had taken care
of these requests.
The Chairman read a letter from David H. White,
5 Whittier Road, requesting that some action be taken
to properly indicate the division of Graham and Whittier
Street Roads.
signs Mr. Carroll reported that Mr. Burnell had mentioned
this to him two days ago and he has already written a
work order.
Street
lights
Letter was received from Frank Sandy, 353 Emerson Road,
requesting installation of street lights at the
intersection of Emerson and Angier Roads.
A copy of the letter had been submitted to Mr.
Carroll who advised the Board that he had taken care
of the request.
267
Petition wPs received requesting the Board to make
an investigation of the traffic flow conditions at the Traffic
intersection of Great Road and Hartwell Avenue.
Upon motion duly made and seconded, it was voted
to refer the subject to the Traffic Study Committee.
At the request of Acting Chief Corr, upon motion
duly made and seconded, it was voted to appoint Special
Arthur E. Burrell, 2 Thoreau Road, and George Freeman, Police
13 Grant Street, Concord, Mass., Specim. Police Officers
for terms expiring March 31, 1966.
Upon motion duly made and seconded, it was voted
to proclaim September 13, 1965 World Law Day.
Mr. Adams, a former member of the Board of Select-
men, suggested that he elaborate on the subject of the
police force and law enforcement in connection with the
World Law Day.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign Liquor Purchase Identi-
fication cards for the following, satisfactory evidence Liquor
of their ages having been submitted: Carol Wheeler, 31 I.D. Cards
Sylvia Street; Robert E. Coyne, 3 Sheridan Street and
John Kelley, 1 Kendall Road.
Letter was received from Charles F. Sisk, Adjutant,
requesting permission, on behalf of the American Legion,
Stanley Hill Post No. 38, Inc., for permission to hold Horse Show
a Horse Show at Willardts Woods on October 10, 1965, from
10:00 A.M. until 6:00 P.M.
Upon motion duly made and seconded, it was voted
to grant the request.
Letter was received from Mrs. Aaron A. Galvin, 15
Barberry Road, requesting permission to conduct a labor Square
Day Weekend square dance on Barberry Road (at #26) on dance
Saturday, September 4, or Monday, September 6.
Upon motion duly made and seconded, it was voted
to grant the request.
World Law
Day
Letter was received from William R. brohalon,
Benjamin Road, requesting permission to conduct
dance on Benjamin Road, Saturday, September 18,
Upon motion duly made and seconded, it was
to grant the request.
14 Square
a square dance
1965.
voted
Upon motion duly made and seconded, it was voted
to certify the character of Frank L. Shunney, 24 Revere
268
Cert. of
Inc.
Cert.
Inc.
Licenses
Use of hall
Resignation
Appointment
Minutes
Invitation
House at
572 Mass.
Avenue
Street, an applicant for a Certificate of Incorporation,
satisfactory references having been received from Acting
Chief Corr.
Upon motion duly made and seconded, it was voted
to certify the characters of Michael A. Miller and
Annette L. Miller, 5 Partridge Road, applicants for a
Certificate of Incorporation, satisfactory references
having been received from Acting Chief Corr.
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Lexington Theatre, Inc.
John C. Lyons
Herbert R. Rowe
Gerald J. Umina
Edward Foley
1794 Mass. Avenue renewals
Cook St., Pinehurst Taxi
Lexington Street, Woburn Taxi
46 James St., Lexington
22 Lakeview St., Arlington
H
Upon motion duly made and seconded, it was voted
to grant the Lexington Choral Society the use of Cary
Memorial Hall on December 3, 4 and 5, subject to the
established regulations.
The Chairman read a letter from the Town Clerk
advising that Haskell W. Reed had resigned from the
Committee on the Revision of the General By -Laws.
The Chairman read a letter from the Town Clerk
advising that the Moderator has appointed Mr. John F.
Cogan, Jr. and Mrs. Ruth Morey to the General By -Laws
Committee to fill vacancies caused by the resignation
of Mr. Haskell W. Reed and Mr. Robert E. Meyer.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on August 9, 1965.
Invitation was received from the Stanley Hill Post
No. 38, American Legion, to attend the Installation of
Officers on Sunday, September 19, 1965, at 4:00 P.M.
in Cary Memorial Hall.
Mr. Aiden L. Ripley met with the Board at 7:45 P.M.
for further discussion relative to an extension of time
for demolition of the house at 572 Massachusetts Avenue.
The Chairman stated that the second extension Mr.
Ripley had would run out on August 26and asked what
progress had been made.
Mr. Ripley replied when he came to the Board be-
fore, that is the last time, all of the people who were
1
269
interested in trying to do something with it were more
or less tied because of the fact they were then talking
almost entirely of getting it onto a lot of land owned
by the Town on the opposite side of the street. He
said he asked at that hearing, that the protection for
the house be continued until the next Town Meeting when-
ever that might be. The Board did not want to extend
it that far because it appears there may not be any Town
Meeting this fall; yet nothing could be done until a
Town Meeting. He said he was at the meeting this
evening on the same problem. There are now two people
definitely interested in putting this house on a private
lot of land if they can clear the house. He said it is
not easy to do these things in a month or two or three.
On one of these lots, the land, the question of clearing
the title. The owner is more or less willing to go along
and more or less agreeable on the price. The title has
to be cleared up. He said he was asking at this time
that the Board extend it for another thirty days. At
the end of that thirty days, he may be back and ask for
another one if it cannot be cleared up in the meantime.
Neither of these sites are very faraway from the present
site of the house. He said from the point of view of
the historical interest, the house would not be miles
away. In either case, the house would be completely
renovated and in one case, lived in by the owner, and
in the other, the owner will rent it.
The Chairman asked if the prospect would be willing
to buy the house now. He said he would have it and the
Board would give a certain length of time for him to
move it.
Mr. Ripley asked if he understood that the Board
would actually give away the house to get rid of it.
The Chairman said the Board might charge a dollar.
Mr. Ripley said anyone would give a dollar.
Mr. Legro said he just wondered what would happen
if he did not perform his agreement.
The Chairman said it would revert to the Town. He
said the Board wants to dispose of the house. Some
people think it is of value. In order to cooperate with
these people, the Board could vote to sell it.
Mr. Legro said he supposed the Board would like to
have an agreement to have it moved from the present site
to another site. Until the man has a site, it would
be difficult to enter into such an agreement.
Mr. Ripley asked if Mr. Legro meant this would be
more of a protection, a token transaction.
Mr. Legro replied he raised the question whether
the agreement would really perform anything.
270
Mr. Sheldon slid the man has to be sure he has a
place to put it.
Mr. Ripley said that is what he is not sure of at the
present time. He said he has gone over ten or twenty
lots of land within a half a mile in that area. He
said he could not see that thirty days, and possibly
another thirty days, can make much of a difference in
the life of this house.
Mr. Sheldon suggested that the Board give Mr. Ripley
and his committee another thirty days with the thought
in mind that at the end of that time he will be far
enough along with his project so a reasonable amount of
time can be arranged for the removal of the building.
He said at the moment he thought a thirty -day extension
would be indicated because from what Mr. Ripley says, he
is making progress.
Mr. Burnell said he would agree to a thirty or
sixty day extension and would agree to an extension to
the next Town Meeting which may be March. He said Mr.
Ripley would certainly have plenty of time to do all
that is necessary to handle the situation; also, Town
Meeting could approve it, if necessary. He said if
nothing is accomplished by that time, he would favor
demolishing the building.
The Chairman explained the Board has authority to
dispose of the house now.
Upon motion duly made and seconded, it was voted
to extend the time for thirty days to take effect begin-
ning August 26, 1965.
Nt'. Legro advised the Board he had prepared a deed
conveying th Irene B. Graziano all that part of Lot 354
lying within the Town of Lexington that is includOd in
Lot 3 on plan entitled "Plan of Land in Winchester, Mass.
(General Residence) owned by Irene B. Graziano", dated
June 1963 and all that part of Lot 355 lying within said
Town of Lexington that is included in said Lot 3.
Upon motion duly made and seconded, it was voted
to execute the deed as submitted by Mr. Legro.
Mr. Legro stated he had a contract for traffic
signals at Massachusetts Avenue and Waltham Street
which is in good form except the insurance certificates
Traffic have not been received.
Signal Upon motion duly made and seconded, it was voted
Contract to sign the contract, as submitted by Mr. Legro; same to be
held by Mr. Legro until thecertificates have been received.
Mr. Legro stated he had a contract between Whitman &
Howard and the Town of Lexington for engineering services
CAD
(1
27t
on the various streets as listed in the contract. Engineering
Upon motion duly made and seconded, it was voted Contract
to sign the contract as submitted by Mr. Legro.
Mr. Carroll referred to the ban on the use of water
and said, as he understood it, the Board took some action
over the telephone last week because of the fact the MDC
came out with a ban the middle of the week. He said
he had a vote, a copy of which he submitted to each
member of the Soard, which he hoped the Board would
consider. He said, at the present time, he was try-
ing not to use Town water at the Buckman Tavern and
the Common. He is using water from the reservoir and
brooks which is working out very well.
Mr. Sheldon suggested that the vote be printed in
the paper because of the resentment on the part of some
of the citizens.
Upon motion duly made and seconded, the following
vote was adopted:
Due to the continuing drought and the serious de-
pletion of the reserve in the Sudbury Reservoir
in the Metropolitan District Commission water dis-
tribution system which has caused the State Depart-
ment of Health to declare that an emergency exists
under G. L. Chapter 40, Section 11A, the Board of
Selectmen, acting as a Board of Public Works, does
hereby vote to place the following restrictions on
the use of water in Lexington:
A) The use of all automatic sprinkling systems.
B) The use of hoses for washing motor vehicles,
watering lawns ard gardens, washing down
driveways, sidewalks and highways.
0) The use of water-cooled air conditioning
equipment, swimming pools, bathing pools,
wading pools and fountains - any of which
are not equipped with water recirculating
devices.
The following uses are excepted from this ban:
1) Vegetable gardens (not flower gardens).
2) Golf course greens (not fairways) and
other commercial uses such as nurseries,
farms, etc., to which the useof water
for sprinkling is vital.
3) Lexington Common and Buckman Tavern grounds
which are National historic Shrines.
272
4) Cases which are not covered in L and 3 above
but which in the opinion of the Superintendent
of Public Works are special in that they
would cause considerable hardship or substan-
tial monetary loss to occur if watering was
not allowed.
Special exemption perms must be applied for by ap-
pearing in person at the Superintendent of Public
Workst Office in the Town Office Building.
Mr. Carroll referred to Federal aid for the Brook
Street pumping station and stated the Department of Public
Health is prepared to make an offer of S1.49,800.00 and have
Brook sent forms which have to be filled out. He mentioned, with
Street reference to the Woodhaven trunk sewer project, that the
Pumping Board authorized him to be its representative.
Station With reference to Federal aid for sewer force main
for the Brook Street pumping station, WPC -Mass -142,
upon motion duly made and seconded, it was voted to adopt
the following resolution:
1. That the construction of said project is essential
to and is in the best interest of the applicant, and to the
end that said project may be constructed as promptly as
practicable it is desirable that action preliminary to the
construction thereof be undertaken immediately;
2. That John J. Carroll, Supt. of Public Works, be
hereby authorized to file on behalf of the applicant an
application (in the form required by the United States and
in conformity with 33 U.S.C.466e) for a grant to be made by
the United States to the applicant to aid in defraying the
cost of construction of the sewerage treatment works de-
scribed above;
3. That if such grant be made, the applicant agrees
to pay all the remaining cost of the approved project,
over and above the amount of the grant;
4. That if such grant be made, the applicant agrees
to make provisions satisfactory to the Surgeon General
of the Public Health Service for assuring proper and efficient
operation and maintenance of the treatment works after com-
pletion of the construction thereof;
5. Th at the said John J. Carroll, (Supt.) is hereby
authorized to furnish such information and to take such
other action as may be necessary to enable the applicant
to qualify for the grant;
cr
cit
1
1
273
6. That the said John J. Carroll (Supt.) is hereby
designated as the authorized representative of the appli-
cant for the purpose of furnishing to the United States
such information, data, and documents pertaining to the
application for a grant as may be required; and other-
wise to act as the authorized representative of the appli-
cant in connection with this application;
7. That certified copies of this resolution be
included as part of the application to be submitted
to the United States, for a grant.
Mr. Carroll said he was in the process of having
Cary Memorial Building painted inside and the floors done
over, and explained, up against the stage, there is a Cary Mem-
series of hardwood floor doors that can be lifted out for oriel
storing risers which he felt should be replaced with a Building
permanent section of floor. Mr. Douglas has submitted
a bid of $433.56 and he has sufficient funds in his budget
to cover this additional expense. Hesaid he would like
to make a permanent floor.
The Board had no objection.
Mr. Carroll said he planned to take his vacation
next week.
The Chairman said there would not be another meet-
ing until September 13.
Mr. Carroll said he had some trouble on easements
but thought they could be handled.
At 8:00 P.M., Messrs. Greeley, Bilafer, Homer and
Feeley of the Arlington Board of Selectmen, met with the
Board for the purpose of discussing the Great Meadows.
Mr. Greeley said they had a committee named "Tne Great
Great Meadows Committee", but that committee has been Meadows
abandoned. The whole Board was to attend the meeting
this evening and hear the Lexington Selectmen's story.
He said he did not want to raise the Board's hopes or
those of the Town of Lexington. He said he would like
the Chairman to tell them the story of what he believes
can be done and how it will be helpful to both towns.
The Chairman stated that Mr. Greeley and he talked
the Great Meadows to some extent. They both agreed that
the Town of Prlington owned the Great Meadows, and it
being in the confines of Lexington. He said Lexington
would like to own it and have it in the confines of the
Town. He said he understood in Arlington many people
274
regard the Great Meadows as a watershed and some agree-
ment would have to be made so nothing could be done to
destroy it as a watershed. He and Mr. Greeley agreed
that if each Town had a committee of three and worked as
one committee, not necessarily the Selectmen, it could
work out whatever details. He said hid feeling would
be that the Town of Lexington could purchase the property
and it could be done under conservation, even. He said
the Town could, he thought, be reimbursed to some extent
and it would always be for conservation purposes. If it
were open to people of Arlington and Lexington, Arlington
would have the use of the land and it would not }De paying
taxes. He said it would not be destroyed and would be
kept as a conservation measure. He explained there are
restrictions on conservation land.
Mr. Greeley said they come into the condition of
certain officials in the Town being very strongly against
this. Some of them believe this is still a watershed,
although he does not. He said the land value of the Town
could not be considered. He stated it would be with the
understanding that Lexington would keep it in its natural
state or develop it into a park but there would be no
thought to selling to a developer. He said he was op-
posed to giving the Town of Lexington $1600 a year for
taxes for something Arlington has nothing to gain. He
explained he was only speaking as one member of the Board.
He told the other members as they came in here, they would
listen to the Lexington Board and take it back as presented
One of the men said the Chairman cited the long-range
viewpoint, from the standpoint of the Town of Lexington,
would be to leave this in its natural state.
The Chairman said Lexington would not destroy the
natural state.
Mr. Sheldon explained if this were acquired under
conservation, the Town would have no right to sell any
portion of it or to divert it to any other use. He said
he was sure these problems could be examined by all, and
the protection is quite adequate..
Mr. Greeley mentioned the'poasibility of developing
the land into a golf course.
The Chairman said it could be some form of recreation
and all these things would be in an initial agreement. He
said if Lexington acquires the land, it would expect the
price to be in keeping with the benefits to both towns.
One of the men said when the Planning Board met with
them, the point brought up at that time is still strong
today. On the books of the Town of Arlington having
spent money for the Great Meadows, he believed the figure
to be one million or one and a half million that has stood
the Town of Arlington. Arlington had to buy the land for
275
a watershed. He stated there was a water company and the
Town purchased all its visual equipment, plus the land.
This amount of money has been brought before the Town
Meeting.
The Chairman said if this money was spent to protect
the watershed, and they are still going to have the water-
shed, wouldn't that dispose of it.
One of the men said people in Arlington are looking
at it as saleable property. It is a dangerous position
for any official of the Town of Arlington to be put in.
The Chairman said it was his understanding there was
at least a very vocal group in favor of retaining it the
way it is.
Mr. Greeley said that was pretty much correct.
One of the men said there has been no commitment to
selling.
Mr. Greeley said they have never put a price tag on
the land. He said he thought it makes a great difference
if one is selling the land to a neighboring town who intends
to keep it in its present state.
One of the men said the strength of the whole argument
will be if the use of the land will be of value to Arlington.
The Chairman said the Board accepts the fact that this
land in its entirety is of value to the Town of Arlington
and the Board would do nothing to take that value away. He
said this could be spelled out in an agreement.
Mr. Greeley said this is something that will not be
easily handled. They have the Town Manager. He would
like to develop it and thinks it would be a great idea
for another Symmes Hospital, but he, personally, was op-
posed to spending money in Lexington.
One of the men asked if the Board had looked into
the legal aspect as to whether or not Arlington has the
right to sell the land.
The Chairman said it may take an Act of Legislature,
but he did not know. He stated if Arlington owned it
and is willing to sell it, and Lexington is willing to
buy it, Arlington would be willing to vote to sell and
Lexington would be willing to vote to buy, he was sure
the representatives in Arlington and he could get the
Act through.
One of the men said it was deeded to the Town of
Arlington for the express purpose of a watershed.
The Chairman stated this is why he suggested that a
committee be appointed, and charged with the investigation
of all possibilities. Then they would report back and
the Board would take action from there.
Mr. Greeley said he believed the Board of Selectmen,
acting as the Water Commissioners, has the right to sell
the Great Meadows.
276
Mr. Legro stated it was acquired by several deeds
and by some takings. There have been at least two
special Acts of the Legislature relative to the Town
of Arlington's powers in using the Great Meadows. He
said he has read them, there is a history, and it will
take more careful study than a guess of what was read
some months ago.
Mr. Greeley said they wanted to go back to the Board
and discuss this at great length. If it wants to name
that committee, it will notify Lexington's Board and that
is it. He stated there are people in Arlington who are
just as much opposed to selling as there are in favor.
This title was searched four or five years ago.
One of the men said it was only the boundary. He
said right now he would not be for the sale to the Town
of Lexington. He said this may be too much in the future.
He said it is Lexington's thought if this takes place, the
Great Meadwos would come under the Conservation Commission's
control.
The Chairman said it could and might be desirable that
it would. He said at this point he is not sure. He said
he would want to go slow and make sure the Town of Arlington
and the Town of Lexington both benefited.
One of the men said it is possible with a sufficiently
strong presentation of advantages to Arlington that some-
thing could be worked out. He said until they have a
concrete proposal that it would work to the benefit of the
Town of Arlington, Lexington would not get anywhere.
The Chairman stated that is why he suggested a com-
mittee to report to both Boards.
One of the men said any committee appointed would be
an exploratory committee.
The Chairman said that was correct. The committee
would be given a proper charge and the Board would want it
to find out if it is possible to do it. The Arlington
group would present the reasons in opposition. The Lex-
ington group would present the reasons for and against
from Lexington's gtandpoint.
Mr. Greeley said they would discuss this before the
Board. He said Lexington's feeling is that in its wisdom
the Arlington Selectmen should name a committee of three
to study and investigatd and report back.
The Chairman said he did not think either town stood
to lose anything in naming a committee.
The group retired at 8:30 P.M.
Letter was received from Mr. Irwin, Building Inspector,
together with a letter he received from Barry B. McGinnis,
14 Cottage Street, complaining about Mr. John Daley, 20
277
Cottage Street, parking a commercial truck overnight on
Cottage Street.
Mr. McGinnis was present at the meeting and said Zoning
this is his third complaint. complaint
The Chairman said he thought this had to be referred
to the Building Inspector for action.
Mr. McGinnis said the Zoning By -Law says garaging of
commercial vehicles in an R-1 district on a person's
property is illegal.
Mr. Mabee asked if he was talking about a zoning
violation.
The Chairman said the only thing the Board can do
tonight is refer this to the Building Inspector and go
over previous correspondence.
Mr.Mabee asked if Mr. McGinnis felt this was a
zoning infraction and he replied in the affirmative.
The Chairman read a letter from the Town Treasurer
advising that it is necessary to borrow $300,000 in anti-
cipation of taxes. The letter also included a list of Borrowing
bids received for the borrowing.
Upon motion duly made and seconded, it was voted
to borrow the sum of $300,000.00 in anticipation of taxes.
Upon motion duly made and seconded, it was voted
to approve the bid of 2.02% discounted received from the
New England Merchants Bank of Boston.
The Chairman read a letter from the Alcoholic Beter-
ages Control Commission with reference to the sale and "Package
delivery of alcoholic beverages on Labor Day, Monday, Goods"
September 6, 1465, which is a legal holiday in Massachu- stores
setts. "Package Goods" stores shall not sell or deliver
alcoholic beverages before one o'clock P.M.
Upon motion duly made and seconded, it was voted
to close all "Package Goods" stores the entire day.
Mr. Leslie York, Chairman of the TMMA, met with
the Board and extended an invitation to the Board to Meeting
attend a meeting of the Executive Board on September 8
at Mrs. Touart's home, at 8:00 P.M.
Mr. York asked the Board's approval of request to
obtain a copy of the Selectmen's agenda every Monday. Agenda
The Board had no objection.
Mr. York, representing the Public Facilities Build-
ing Committee, said the committee originally had a con-
tingency of $2500.00. There have been some savings, so
now the amount is $3760.00. He said the Committee would
278
like to have terrazzo floors in the building. They have
a figure of $1900.00 for this but it is a change in the
contract and therefore it is necessary for him to come
Public before the Board.
Facilities Mr.Mabee mentioned that contingencies come in at
Building the end.
Mr. York said they are pretty well along and this
has been discussed with the contractor.
The Board wa:: in favor, and upon motion duly made
and seconded, it was voted to authorize the Chairman of
the Board to sign the change order, as submitted by Mr.
York, on behalf of the Town.
The Chairman read a notice from the Office of the
Attorney General, Edward W. Brooke, mlative to a meet-
ing on September 34, 1965, Gardner Auditorium, State
Milk House, at 11:00 A.M. It stat$.d the importance of repre-
hearing sentatives of all departments concerned with the purchase
of milk attending the meeting.
The Clerk was instructed to forward a copy of the
communication to the School Department.
With reference to classification of boards, com-
missions and committees, Mr. Legro said there are certain
exemptions given to special employees that are not given
to a regular employee, and in some instances he can make
disclosures that a regular employee could not do.
The Chairman said he. understood that special employees
of the Town doing business with other departments than
his own has to make a full disclosure of his interest in
the transaction and how much he makes on the transaction.
Mr. Legro said first of all, it prohibits all employees
except as to special employees it only applies to a particu-
lar matter in which he has at any time participated as a
municipal employee or which is pending before zis particu-
lar municipal agency. There is no requirement of dis-
closure to a special employee except in those particular
matters. The participation provision of the statute
makes no distinction between a special and regular.
Neither are permitted to participate in such a particular
matter.
The Chairman asked if he, if he were a special em-
ployee, could sell insurance to the School Department,
not being on the school board.
Mr. Legro replied so long as he did not participate
in any manner in the transaction as a municipal employee
or so long as it was not a part of his official responsi-
bility at that time or he was prior to that.
The Chairman said the Board feels the special employees
should know the limits beyond which they can't go and would
like to give them a statement.
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Mr. Legro advised that any employee on finding
the conflict may make a full disclosure and dispose of
his interest. He said if one has a 10% interest in a
corporation doing business with the Town and finds out
about the conflict, he disposes of the 10% interest in
the corporation.
The Chairman said if he did not dispose of the 10%,
hewould be in conflict. He askedif there was some-
thing the Board could give the special employees to make
them aware of the possible conflicts.
Mr. Legro asked if the Board wanted him to digest
the law. He said they have the right to ask the opinion
of the Town Counsel which should be based on the particu-
lar facts.
Mr. Sheldon asked if Mr. Gray could take someof the
burden off Town Counsel and get.a letter which he would
ask Town Counsel to approve that could be reasonably
complete, and then send it out with the Chairman's signa-
ture.
Mr. Legro said it might be helpful if an abstract
of the statute was made, naming triose things that are
prohibited.
The Chairman said the onus is on the employee to
initiate whether he has a conflict or not.
Mr. Legro advised it is on all employees.
The Chairman stated the Board is trying to protect
the employees and say there is a statute on the book,
take a look at it, and if there is any doubt, find out.
Mr. Legro said he could set up the three particular
sections naming the things prohibited; a statement that
all municipal employees are regular unless classified
special by the Board of Selectmen.
The Chairman said he thought it would be helpful
and Mr. Legro said he would be glad to do it. He said
if the problem becomes burdensome, he thought a form
should be submitted to the department '[-leads.
Mr.Legro said a special employee is exempt if he
files a statement with the Town Clerk, a statement of
his interest and those of his immediate family. If the
Selectmen approve his exemption of his interest from
that action.
Mr. Cataldo asked if a special employee could go
before his own Board and get this exemption.
Mr. Legro replied he can't go before his own Board.
He explained he has to be exempted by the Board of
Selectmen who are regular employees.
Mr. Cataldo said a special employee could not deal
with his own Board under any conditions.
Mr. Legro said that was correct unless he disposes
of his conflicting interest.
280
The Chairman said the Board would proceed in this
manner and Mr. Legro would get something together to
be sent out to all departments.
The Chairman said he felt the Board of Fire Com-
missioners should not be regular employees and asked
if the Board had any other Boards.
Mr. Cataldo said anyone signing contracts for the
Town or entering into agreements for the Town; just
confine it to the Board of Selectmen. He asked why
the Fire Commissioners and Cemetery Commissioners should
be regular and the School Building Committee spending
millions of dollars be special.
Mr. Mabee explained the sums of money the School Sites'
people and the Standing School Building people spend are
not done on the basis of an annual appropriation of a
Town Meeting where they have a budget and are expected
to purchase regular items. They are expected todevelop
some kind of plans, obtain bids and then go before Town
Meeting before any money is spent. This is in contract
to the Fire Commissioners and School Committee.
Mr. Cataldo said this is where he disagreed. They
are spending millions of dollars in one short contract.
Mr. Legro said, in his opinion, it is a distinguish-
ing factor as is the notoriety the given Boards have
through open meetings and Town Meeting. He said he
thought a number of factors were involved; the number of
people hired and employed, the frequency of purchase, the
difficulty of getting competent people who will be affected,
by the Conflict of Interest law.
The Chairman said the School Building Committee goes
to Town Meeting and gets a blank check for so much money
and administers this money. They have within their power
to do business with the architect and contractor. There
is very little control.
Mr. Legro said except for architectural services, it
is all subject to competitive bidding and they are pro-
hibited from having any interest. The Fire Commissioners
have a budget which may be 90% personal services but in-
volving a lump sum appropriated at Town Meeting and spend
as they see fit for their department. The Standing School
Building Committee gets an appropriation for architect's
service and construction, or*ginal furnishing and equipping
of a school for particular purposes and in carrying out
functions that may be required.
Mr. Cataldo said they are still spending large sums
of money. On individual contracts, most contracts are
purchasing off the shelf items. The Board does not know
the specifications to begin with. He said he would put
anyone negotiating for the Town or entering into contracts
do a regular basis.
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The Chairman said all boards should be treated
the same way and should all be special employees. He
said he thought the Board owed something to the special
employees so that they were aware of the problems.
Sheldon asked if the Fire Commissioners, School
Committee and Cemetery Commissioners were to be made
special rather than regular.
Mr. Cataldo replied he was in favor of putting them
all regular or none.
Upon motion duly made and seconded, it was voted
to classify the Board of Fire Commissioners, School Com-
mittee and Cemetery Commissioners as Special Municipal
Employees.
The Chairman reported that Mr. Jeremiah wants to
take a six months' leave of absence so he can go to
another part of the country. If granted, there would
be an interim. Electrical Inspector.
Mr. Sheldon reported Mr. Jeremiah had called on
him. He said there have been situations in departments
before, to wit, the Fire Department. A man wanted to
take another job, and if he did not like it, he was a Wire
fireman again. He asked if a precedent were being Inspector
erected. Generally speaking, if a man wants to leave a
job and take a change, he should take the chance. The
fact it is done this time, it might come up again.
Mr. Cataldo said he thought the Board should know
whether or not someone competent can be employed.
Mr. Burnell said there is a question in his mind
whether his recommendation of a substitute for the
interim period can do the work.
The Chairman asked if a full-time fire or police-
man could be a part-time Electrical Inspector.
Mr. Legro said he did not see any involvement of
the Conflict of Interest law.
Upon motion duly made and seconded, it was voted
that Mr. Robert Jeremiah, the Wire Inspector, on a
part-time basis, be granted a six months' leave of
absence providing a suitable replacement can be found.
Mr. Carroll retired at 9:34 P.M.
Mr. Alfred Busa met with the Board land stated he
had received an agreement from Mr. Legro, Town Counsel,
with reference to the lots on Circle Road. He explained
there are some changes he would like to make. He mentioned
lots in the process of tax title which he said Mr. Legro
advised are in that stage but can't be written in the
agreement. The question of all lots being no less than
282
seventy-five feet. This was agreed upon by Mr. Busa
but he would like to have a portion of lots. If someone
wanted eighty feet, he would like to cut them in half
and give one person eighty feet. He stated no lot would
be less than seventy-five feet.
Mr. Legro informed the Board he has already discussed
these and said he would recommend them to the Board of
Selectmen.
Mr. Busa said he would like to extend the time to
June, 1968. This would give him time to look at the lots.
He said the other thing bothering him is paragraph 4 which
states that on or before the time of the delivery of the
deed c6hveyibg the lots, the trustee agrees to transfer to
the Town a surety bond in form of security satisfactory
to the Town in the penal sum of $30,000.00. This is a
performance bond which Mr. Legro felt he should have. Mr.
Busa said he would like to have it read "at or before the
commencement of the work", the Trustees agree. He said
he did not want to put up a performance bond tonight or
next week if the Board signs the agreement tonight and
then take six months looking up the title of the lots.
He said he would like the Town to give him the deeds and
in the deed state he would not build, sell or construct on
these lots until a performance bond had been approved.
Mr. Legro stated Mr. Busa just discussed this with
him this evening. This is a draft agreement he prepared
some time ago. He said he did not think the Board has
even seen this agreement.
Mr. Busa said Mr. Zaleski told him this had to be
signed this eyeing.
Mr. Legro explained the Planning Board will require
the construction of Circle Road, sewer, water and drain
to be under agreement and bond given before it approves
the subdividion plans for the contiguous subdivision.
The Planning Board may have said it would not give this
approval until the agreement was signed. He said he
could see no objection to the parts of lots as long as
the seventy-five foot frontage is retained. He said,
with reference to the bond for construction of the way
and utilities, this was agreed to before and it would
cost money to put up the bond now. On the other hand,
the basis on which the Town is selling these lots is
that Circle Road be constructed. He said the bond is
security to the Town.
The Chairman asked, if this is an agreement and it
has to be redrafted, wouldn't it have to go to Mr. Legro
and be redrafted.
Mr. Legro replied the normal procedure would be for
Mr. Busa to bring this to him and he would go over it and
redraft it for the Board. He explained there are eight
283
or ten grants of easements to be obtained in Circle Road
before this agreement would have any binding effect.
Mr. Busa gave the copy of the agreement and proposed
changes to Mr. Legro.
Mr. Busa retired at 9:45 P.M.
Mr. Burnell said the Board of Appeals will hold a
public hearing on petition of Avon Realty Trust. He
said the Board would recall that a couple of months ago
it directed the Traffic Study Committee to make a study
of Five Forks and come up with recommendations as might
be needed to correct the traffic situation that exists
there. For this reason, he was bringing this to the
Board's attention tonight. He understood that on this
property it is proposed to build the first floor to be
used for food store and the upper floor as office build-
ing. The Planning Board probably would be in favor of
no parking in front of the building. If this is so, it
would appear to him that the Board may be faced, in a
little while, with parking on the street, parking be
required in order to take care of the store customers.
He said it would seem to him as a result of this study,
that sooner or later on the street parking would have to be
prohibited in that area.
Mr. Sheldon asked if there would be land around the
store.
The Chairman replied it is limited.
Mr. Burnell said the point he would like to make is
the Board should make a recommendation to the Board of
Appeals or at least bring to their attention the possi-
bility that they give consideration in their determination
so as not to force on the street parking which , it seemed
to him, the Selectmen would have to eliminate. Then the
property owners will have a double problem. He stated
he would like to bring this up so the Board could write
to the Board of Appeals, recommend through the Planning
Board, that this be given consideration.
Mr. Sheldon said Mr. Burnell wanted to alert the
Board of Appeals so it will not grant this without any
misunderstanding on the parking.
The Chairman suggested that, as Chairman of the
Traffic Study Committee, Mr. Burnell attend the Board
of Appeals' meeting. He said a member of the Board of
Selectmen could explain the situation and ask the Board
of Appeals to take it into consideration.
Upon motion duly made and seconded, it was voted
to have Mr. Burnell attend the Board of Appeals' hearing
as a representative from the Board of Selectmen.
284
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 pertaining to legal matters, it
was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:13 P.M.
true record, Attest:
div Cle , Select
SELECTMEN'S MEETING
September 13, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday-, September 13,-1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present.
Hearing was decalred open upon petition of the
Boston Edison Company for permission to locate a guy
wire and anchor on Hartwell Avenue. -
Mr. Serverson, representing the petitioner, was
the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property listed on the petitioner's
plan, and also filed with the Superintendent of Public
Works.
Mr.Carroll approved the proposed locations.
Mr. Serverson explained the guy is needed to
strengthen the pole now located at the deadend.
No one wishing to be heard in favor or in oppo-
sition, 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 guy wire and anchor:
Hartwell Avenue, from a pole located on northwesterly
side, approximately 340 feet northeast of Maguire
Road, --
One (1) guy wire and anchor.
Hearing was declared open upon petiton of the
Boston Edison Company for permission to locate forty-five
feet of conduit in Maguire Road and twenty-five feet of
conduit in Westview Street. Conduit
Mr. Serverson, representing the petitioner, was location
the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property listed on the petitioner's
plan and also filed with the Superintendent of Public
Works.
Mr. Carroll approved the proposed locations.
Mr. Serverson stated this conduit is in connection
with the company's new circuit; a pole connection from
285
Guy wire
and anchor
286
the underground to the overhead facilities.
No one wishing to be heard in favor or in opposition,
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing conduit location:
Westview Street, at Maguire Road, a distance of about
25 feet, -- conduit.
Maguire Road, southerly from Westview Street, a distance
of about 45 feet, -- conduit.
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate three
Pole poles in Worthen Road.
locations Mr. Serverson, representing the petitioner, was
the only person present at the hearing.
Notioes of the hearing were mailed to the peti-
tioner, owners of property listed on the petitioner's
plan, and also filed with the Superintendent of Public
Works.
Mr. Carroll approved the proposed location.
Mr. Serverson stated the proposed three poles are
for street lighting to fill in the gap between Bedford
Street and Massachusetts Avenue.
No one wishing to be heard in favor or in oppo-
sition, the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the request and sign the order for the follow-
ing pole locations:
Worthen Road, northwesterly side, southwesterly from a
point approximately 675 feet southwest of Bedford
Street, --
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
Allen Street.
Pole Mr. Serverson, representing the Boston Edison
locations Company, Mr. Dunn, representing the New England Tele-
phone and Telegraph Company, and Mr. Francis Lind,
representing the Evangelical Covenant Church of Cambridge,
were present.
Notices of the hearing were mailed to the petitioners,
owners of property listed on the petitioners' plan, and
also filed with the Superintendent of Public Works.
Mr. Carroll approved the proposed locations.
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287
Mr. Serverson said the petition was, he assumed,
at the request made for relocation. However, this even-
ing talking to Mr. Lind, he would prefer that the pole
remain in its present location. Mr. Serverson suggested
that the Board table the petition, and if there is no
reason for the reolocation, the petition will be wibadrawn.
Mr. Lind stated they preferred to have the pole
remain approximately where it is and also stated that the
petition had not been submitted to them.
The Chair;nan asked if Mr.Lind had any objection
having it tabled for the present, and Mr. Lind replied
in the negative.
Upon motion duly made and seconded, it was voted
to table the petition submitted by the Boston Edison
Company and the New England Telephone and Telegraph
Company for the relocation of two poles on Allen Street.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
Telegraph Company for permission to locate one pole on
Woburn Street. Pole
Mr. Serverson, representing the Boston Edison location
Company, and Mr. Dunn, representing the New England
Telephone and Telegraph Company, and Mr. Christopher
Cammarata were present at the hearing.
Notices of the hearing were mailed to the peti-
tioners, owners of property listed on the petitioners'
plan and also filed with the Superintendent of Public
Works.
Mr. Carroll approved the proposed location.
Mr. Serverson explained the proposed location is
to clear a driveway, and it is proposed to place the
pole on the lot line.
Mr. Cammarata said there is a driveway which is
not shown on the plan.
The Chairman stated the proposed location of the
pole would actually correct an existing problem.
Mr. Cammarata said he 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:
Woburn Street, northwesterly side, approximately 150 feet
northeast of Lowell Street, --
One (1) pole.
(One existing JO pole to be removed.)
288
Guy wire
and anchor
Hearing was declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to locate a guy wire and anchor on Massachusetts
Avenue.
Mr. Dunn, representing the petitioner, was the
only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioner, owners of property listed on the petitioners
plan and also filed with the Superintendent of Public
Works.
Mr. Carroll approved the proposed location.
Mr. Dunn explained he discussed this with Mr. Carroll.
The guy and anchor are necessary to ge t the right tension
on the cable.
No one wishing to be heard in favor or in opposition,
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing guy wire and anchor:
Massachusetts Avenue: Southerly side, from a pole approxi-
mately 140' feet westerly, from Marrett Rod,
One (1) guy wire and anchor.
Mr. Carroll referred to the Woodhaven Trunk Sewer
project and reported the Federal Government has approved
Woodhaven $145,256.00. He reported a conversation with the Metro -
sewer politan District Commission, and said it is expected that
the contract for the Arlington -Lexington relief sewer
may be readvertised and might start this year. He ex-
plained that work has to actually begin before the Town
receives any funds.
Mr. Carroll reported on bids for oil for the year.
The Petroleum Heat and Power Co. bid 11)i per gallon and
the Lexington Coal & Oil Co. Inc. bid 11.05¢. He said,
Oil bids where the Lexington Coal and Oil Co. is a local concern,
he wondered what the Board wanted to do on a difference
of $15, based on the estimated amounts.
The Chairman stated the Board likes to award bids
to local concerns when the bidding is close.
Upon motion duly made and seconded, it was voted
to award the contract to the Lexington Coal and Oil Co.
at its bid of 11.05 per gallon.
Mr. Carroll reported on bids taken for sand spreaders.
Sand Upon motion duly made and seconded, it was voted
spreader to accept the Dyer Sales Company bid in the amount of
$4,150.00 net.
1
289
W. Carroll referred to installation of sewer to
serve Burnham Farms and the Adam Estates' areas and re-
ported he had worked up cost estimates for the installation
of the sewer through the entire Burnham Farms' area and Sewers
through the entire Adams Estates' area. Putting in a
pumping station, force main and trunk sewer comes to
around $14.0,000.00. The Board is committed next year
toput a trunk sewer in for theWinter Street area, at a cost
of $57,000.00, and over to Burlington Street at a cost of
$38000.00, a total somewhere in the vicinity of $240,000.00.
He said the question is, to serve theBurnham Farms and
Adams Estates' areas with laterals, approximately $400,000.00
will be involved, taking every street in the area. He
stated the point he was trying to make is that budget time
is drawing to a close. He recommended that the Board
consider putting in the trunk sewer and force main into these
areas, and tell the people they will have to wait until
1967 for the laterals. He said if the Board was so in-
clined, he would write a letter advising that the con-
struction of laterals will have to go until 1967.
The Board had no objection.
Mr. Carroll submitted a plan of the Lowell Street
construction and stated it will be necessary to take Slope
some slope easements. He asked the Board's approval easements
to work with Mr. Legro, Town Counsel, and said if the Lowell St.
Board would approve the proposed ea.sem nts, he would
work with Mr.Legro.
It was agreed that Mr.Carroll should work with
Town Counsel and also obtain appraisals.
Mr. Cataldo referred to Lexington Center and stated
he felt the Board should decide what it is going to do
there on each of the given properties. He said he
thought, in view of what is happening in the Center,
Mr. Carroll should contact Mr. Friel, have him in, and
find out whether or not the Boston Edison Company would
do something about remodelling to the extent of Colonial
front. He said someone should make the initial move and
he thought it should be the Board.
There was no objection and the Chairman agreed to
work with Mr. Carroll and compose a letter to the Boston
Edison Company.
Mr. Carroll said he would like some conclusions
drawn in regard to the widening of Massachusetts Avenue.
Mr. Cataldo said the major decision is when the
Board is going to do something.
The Chairman said the Board would meet with the
committee next week and this could be deferred for that
Lexington
Center
Widening
Mass. Ave.
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Public
Facilities
Building
Committee
Parking
Area
Police
Department
Clerk
length of time, and after that meeting, the Board would
have to make a decision.
Mr. Gray informed the Board that he had another
Certificate for Payment on the Public Facilities Building,
in the amount of $10,325.55.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign the certificate for
the Town.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a change order sub-
stituting Terrazzo flooring for vinyl -asbestos.
Upon motion duly made and seconded, it was voted
to approve bill in the amount of $441.72 for architectural
services.
Mr. Gray reported a telephone call he received from
Mr. George H. Matheson regarding the old entrance to the
municipal parking area from Waltham Street. Mr. Matheson
is anxious to have the transfer of papers take place as
soon as possible and would like the Board to authorize
Mr. Legro to prepare the necessary documents, as authorized
by vote of Town Meeting held March, 1965, under Article 39.
Mr. Gray mentioned the fact that authorization had
been given to employ an additional clerk for the Police
Department, but Lieutenant Corr has been unsuccessful in
finding a capable indivi(,ual at the established rate of
pay. He would like the Board to reclassify the position,
now S-3, to S-5.
Mr. Gray stated that the present oler, Mrs. Manley,
will have to retire in approximately two years and the
new clerk will assume the duties now performed by Mrs.
Manley. He said no one is interested in the position
at the present salary. He explained that the new employee
would not start at the beginning rate for the S-5 classi-
fication, but would receive somewhere in the vicinity of
$75.00 a week. He mentioned that Mrs. Manley's position
was reclassified last year to Principal Clerk.
Mr. Carroll said if the Board does vote this, he
would like it to give consideration to some girls in the
organization.
The Chairman stated that whenever possible, the Board
was in favor of promoting within the Town organization,
and this position should be advertised first to Town
employees.
Mr. Gray said he would advise Lieutenant Corr and also
prepare a notice for the Town employees.
Mr. Gray reported on a memo he received from Mr.
Burnell in regard to setting the voting machines for
elections, and recommended that the new meter and
maintenance man in the Police Department would be
suitable. He explained Lieutenant Corr had no ob-
jection if this employee assumed this as part of his
regular duties.
The Chairman said that both he and Mr. Gray thought
this would be a solution to relieve Miss McDonough of
the responsibility. He asked that Mr. Gray see to it
that this arrangement is administered.
Request was received from the MetropolitanBuilding
Movers Co. for permission to move a building from 18
Bowman Street to Lawrence Lane and permission to move a Moving
building from Deming Road to Arlington. permits
Mr. Carroll stated that both requests should be held
over until next week.
291
Voting
Machines
Letter was received from the Mystic Valley Gas Company,
together with plan showing proposed location of a 2"
welded steel gas main to serve #39 and #41 Vine Street. Gas main
The proposed location was approved by Mr. Carroll
and the Board had no objection.
The Chairman read a letter from E. B.Myott, 210
Follen Road, recommending an investigation of all aspects
pf street lighting so that any action deemed advisable
may be considered at the next Annual Town Meeting, with
immediate action for one additional light on Buckman Street
Drive. lighting
Mr. Carroll reminded the Board of an established
policy whereby 1,000 lumen lamps are used except at
intersections. He agreed to draft a letter for the
Chairman's signature.
The Chairman read a letter from William A. Delaney,
30 Hathaway Road, expressing his objections to the
Board's decision to exempt the Common from the water
ban.
Mr. Carroll informed the Board that his department
has not watered the Common from the domestic water supply
since the ban on the use of water became effective.
The Chairman read a letter from Mr. Carroll, together
with bill from the Partridge Associates, Inc. for work
done in the Minute Man Highlands, Section !4. subdivision,
which, in Mr. Carroll's opinion, is substantially greater
than to serve the subdivision alone.
Water ban
exemption
292
Mr. Carroll stated the Board is authorized to pay for
work done that is substantially greater than necessary
for the subdivision.
The Chairman asked if Mr. Carroll was saying, in
effect, that this is a fair amount.
Mr. Carroll replied in the affirmative, and said funds
are available.
Upon motion duly made and seconded, it was voted
to approve the amount and authorize payment, pending
receipt of approval from the Planning Board.
Upon motion duly made and seconded, it was voted
Pole to grant the petition and sign the order for the lo -
location cation of one pole on Maguire Road, northeasterly side,
approximately 488 feet southeast of Westview Street.
Request was received from the New England Telephone
and Telegraph Company for permission to place a guy wire
and anchor on Town property, rear of Town Office Building
Guy wire and Police Station at Woburn Street to provide guying for
and anchor pole line from Winthrop Road to Woburn Strat on Massachu-
setts Avenue. A new cable is being placed for more and
better facilities in this area.
Mr. Carroll approved the proposed location.
Upon motion duly made and seconded, it was voted
to grant the request for an anchor guy location as submitted
in sketch attached to the letter.
Tax title
Route 2
The Chairman read a letter from Loran E. Wallace,
21 Vaille Avenue, stating that if the $2,500 figure for
lots 50 and 51 Bruce Road is still agreeable with the
Board, he would like to proceed with the transaction.
Upon motion duly made and seconded, it was voted
to sell and convey tax title lots 50 and 51 Bruce Road
to Loran E. Wallace for $2500 which included street and
water betterment assessments.
The Chairman read a letter from Alexander V. Zaleski,
Planning Director, with reference to Route 2 - Watertown
Street, stating that representatives of the Planning Board
had proposed a modification of the layout. The Chairman
stated that it was not the Planning Board who proposed
the modification, but a member of the Board of Selectmen,
Mr. Cataldo.
The Chairman read a letter from the Planning Board,
Zoning a copy of which was sent to the Building Inspector, rela-
violations tive to four properties in residential districts which it
believes bo:be used for business purposes in violation
of the zoning.
W
cz
aa•
1
The Chairman suggested that, in the future, items
such as this be processed by the Executive Assistant to
the Board. He said he would hold this over until the
next meeting, at which time he would have a report from
the Executive Assistant.
Letter was received from Robert K. Jeremiah, Wire
Inspector, recommending appointment of Wallace Cupp as
substitute inspector during his six months' leave of
absence.
The Chairmen said he would like to defer action
for one week, and the Board had no objection.
The Chairman read a letter from Fred W. Meurling,
42 Maple Street, listing complaints regarding certain
hazards existing at 144 Maple Street.
The Chairman said he understood Weiant Wathen-Dunn,
who lives at 144 Maple Street, has been trying to cooperate
and Nr. Irwin does not see anything amiss. He said Mr.
Irwin received a copy of Mr. Meurling's letter and he
would let him answer it direct.
Mr. Gray reported that Mr. Irwin went down two weeks
ago and could not find anything that he could actually
do anything about; the property may be unsigntly but
there were no violations upon which he could act.
Mr. Sheldon said he thought the Chairman's suggestion
was a good one and if Mr. Irwin goes down and finds no
violation, he should so advise Mr. Meuriing.
Mr. Gray agreed to discuss the matter with Mr. Irwin.
The Chairman read a letter from Miss Alice M. Morse,
a former resident of Lexington, relative to perpetuating
the name of Brigham, in connection with the development
off Hancock Street.
The Chairman said he would advise Miss Morse that
the title "Jackson Estates" was selected by the developer.
There is no permancency in so far as the name of the de-
velppment is concerned, and the street in this particular
development has been named Brigham Road by the Planning
Board.
Mr. Gray reported that John Brucchi asked him to
convey to the Board the fact that he is interested in
appointment of Dog Officer.
The Chairman stated the Acting Chief feels the Dog
Officer should be a Police Officer and he would like to
hold the appointment over until a recommendation is re-
ceived from the Acting Chief.
The Chairman read a letter from Richard S. Townsend,
7 Mowers Road, with reference to Constitution Day, Sept-
ember 17.
291
Wire
Inspector
Complaint
Jackson
Estates
Dog Officer
Constitutic
Day
294
Upon motion duly made andseconded, it was voted
to have the flags displayed in Lexington Center on Con-
stitution Day, and to request the citizens of the Town
to participate by displaying their American flags.
Governor John A. Volpe's proclamation of Senior
Proclamation Citizens' Day, September 19, 1965, was endorsed by the
Board.
Letter was received from Arthur E. Burrell, Director
of Civil Defense, requesting appointment of Kenneth M.
Civil Knobel, 37 Percy Road, as Training Officer for the de -
Defense partment of Civil Defense.
Upon motion duly made and seconded, it was voted
to appoint Kenneth M. Rnobel, 37 Percy Road, Training
Officer in the Department of Civil Defense.
Letter was received from Arthur E. Burrell, Director
of Civil Defense, requesting appointment of Charles M.
Cullen, 6_Gerard Terrace, Philip S. Belson, 24 Bellevue
Street, Newton, and Gerald E. Brissette, 1174 Franklin
Street, Melrose, Assistant Shelter Officers for the Town.
Upon motion duly made and seconded, it was voted
to appoint Charles M. Cullen, Philip S. Belson and
Gerald E. Brissette, Assistant Shelter Officers for the
Town of Lexington.
Upon motion duly made and seconded, it was voted
se of hall to grant permission to the Premiere Performance Company
to use Estabrook Hall on Saturday, October 30, 1965, from
7:30 P.M. until 10:30 P.M., subject to the established
regulations.
,Civil
Defense
se of hall
License
License
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Choral Society to
use Cary Memorial Hall on Friday, December 17, 1965, from
7:30 P.M. until 11:00 P.M., subject to the established
regulations.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Robert A. Dalsie, 38
Ledgelawn Avenue, satisfactory character reference having
been received from Acting Chief Corr.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Richard S. Scoyne, Sr.,
12A Bridge Street, Salem.
Later in the evening, motion was made and seconded
to rescind the vote granting a Taxi Driver license to
Richard S. Scoyne, Sr.
1
Upon motion duly made and seconded, it was voted
to deny Mr. Richard S. Scoyne's application for a
Taxi Driver's license, an unsatisfactory report having
been received from Acting Chief Corr.
Upon motion duly made arra seconded, it was voted
to authorize the Chairman to sign Liquor Identification
Card for Nary Jane Jackson, 22 Charles Street.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on August 23, 1965.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sidewalk on
the westerly side of Lowell Street from East Street a
distance of 2664 feet, more or less, northerly to North
Street.
Upon motion duly made and seconded, it was voted
to abate in full the street betterment assessment of
$1311.00 levied against lots 211-215 Rindge Avenue, the
Town having acquired the land, by vote of Town Meeting,
from Arthur E. Vasseur and Agnes J. Vasseur.
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 relative to Nomination Papers,
and Route 2 - Worthen Road, it was voted to resume the
open meeting.
At 9:00 P.M., the Planning Board met with the
Selectmen. Also present was a group of people from the
Peacock Farm area.
The Chairman explained the meeting was for the pur-
pose of discussing the problem of Route 2 ramps and possi- Route 2
ble connection with Worthen Road, and said the Board had
received a letter from Mr. Zaleski, Planning Director,
that brought this about. He informed the group that
Mr. Cataldo had met with representatives of the State
Department of Public Works.
Mr. Cataldo explained this meeting was brought about
by a meeting with Mr. Abend, a traffic consultant, on
different approaches to connecting Worthen Road to the
Route 2 interchange. He reported a meeting today with
`295
I.D. Card
Minutes
Sidewalk
Abatement
Executive
Session
2961
Jack Gardner, State Department of Public Works, and said
it was safe to say the first plan was definitely out. The
State would rather not have a signal intersection.
Proposed layouts were put up for display and explained
by Mr. Carroll, following which the Planning Board agreed
to the suggestion that the Board of Selectmen write the
State Department of Public Works asking that the problem
of Worthen Road be solved.
The Group retired at 9°25 P.M.
Letter from the Buse Realty Trust,with suggested
Circle Road wording for paragraph four of the Agreement regarding
acquisition by the Trust of lots on Circle Road, was
held over.
The Chairman read a letter from the Board of Fire
Commissioners requesting permission to accept bids for
a used Onan Generator (V-311., 5 KW).
The Chairman said it would be his suggestion that
Fire Dep't. some other department might be able trpuse the generator.
generator Mr. Sheldon pointed out the main problem with this
piece of equipment is the fact it is doubtful if parts
are available. He suggested if no department is inter-
ested in acquiring the generator, that the Fire Commissioners
be authorized to sell it.
It was agreed that the Fire Commissioners should
contact other Town Departments and if no interest is
indicated, the Commissioners sell the generator.
Mr. Carroll retired at 9:30 P.M.
Letter was received from Mr. Legro with reference
to the delay encountered by The 1775 Realty Trust in
Hunt Block commencing demolition of the Hunt Block.
Upon motion duly made and seconded, it was voted
to extend the time for the commencement of the demolition
of the Hunt Building to October 10, 1965, and to extend
the time for completion of the demolition and removal of
the debris to November 10, 1965.
Letter received from Mr. Legro with reference to the
Claim claim against the Town and William F. Mason made by the
Abbott Spray & Farm Equipment was held over.
Memorandum to all Town Employees on the Conflict of
Interest Law was received from Mr. Legro.
Upon motion duly made and seconded, it was voted
to sign the memorandum as prepared by Mr. Legro and send
a copy to the head of each department, board and com-
mission.
Conflict
Of Interest
1
297
The Chairman read a letter from Mr. Anthony R.
Cataldo stating it was his understanding that during
the time of the option, at least from January 1, 1965, Swenson
that there would be no real estate taxes incurred by land
him regarding the Swenson property, and therefore, he asked
if it was just that amount of taxes withheld from the
sale of the Swenson property be returned tohim.
The Chairman asked to have the subject held over
until the next meeting when Town Counsel would be present.
The Chairman informed the Board that Mr. Gray was
going to attend a City M.nager's convention in Montreal Convention
from `'tiznday through Wednesday.
Upon motion duly made and seconded, it was voted
to adjourn at 9:34 P.M.
A true record, Attest:
298
SELECTMEN'S MEETING
September 20, 1965
A regular meeting of the Board of Selectmen was
held in theSelectmen's Room, Town Office Building,
on Monday, September 20, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cetaldo, Sheldon and Mabee were
present., Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, and Miss Murray, Executive
Clerk, were also present.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
Hip guy and and Telegraph Company for permission to locate one hip
anchor guy and anchor on Winthrop Road.
Notice of the hearing was mailed to the petitioners,
owners of property listed on the petitioners' plan and
also filed with the Superintendent of Public Works.
No one was present at the hearing in favor or in
opposition.
Upon motion duty made and seconded, it was voted
to grant the petition and sign the order, subject to
Mr. Carroll's approval, for the following guy wire and
anchor:
Winthrop Road, from a pole located on easterly side,
approximately 38 feet north of Highland Avenue,
One (1) hip guy and anchor.
Mr. Legro referred to the June 7, 1965 Town Meet-
ing, at which time the Town voted to authorize the
Selectmen to convey parcel A, the corner of Willards
Woods, to John W. Castoldi, Inc., in consideration of
that corporation conveying parcel B. He submitted a
plan for the Board's information, and reported that the
Castoldi Corporation has applied for Planning Board ap-
proval of Adams Estates, Section 4, subdivision. He
said it seemed advisable to make that exchange at the
same time and record the papers together if the Board
of Selectmen wishes to do so.
Mr. Legro reported that Castoldi has some loam he
would like to stock pile, and he suggested that it be
taken up with the Planning Board. He said he would
not have the instruments back for the better part of
the week and if the Board wished to execute it and take
some action regarding the loam later on, he would hold
the deed until the action is taken. He suggested that
1
299
if the Planning Board and Board of Selectmen are agree-
able to leaving the loam there during this period that
it would want to have an agreement limiting the loam to
be removed and specify the time he is to remove it, or
the Town shall have the right to move it.
Mr. Cataldo asked about the Town's liability with
Castoldi working on Town land.
Mr. Legro explained that the Board could get an
agreement indemnifying the Town. He said he presumed
this exchange could be deferred until long after the
subdivision is constructed. He explained the exchange
does not affect the approval by the Planning Board. If
Castoldi is to use the land conveyed by the Town, he has
to file another subdivision plan anyway.
Mr. Mabee said he would like to do this subject to
the limitations of agreements that Mr.Legro would put on,
and get this matter completed.
Mr. Cataldo said if Castoldi couIdautleave the loam
there, the cost would be so much to remove it he would not
be interested.
Upon motion duly made and seconded, it was voted
to execute the instrument submitted by Town Counsel con-
veying lot A, the corner of Willards Woods, to John W.
Castoldi, Inc., in consideration of that corporation con-
veying parcel B, subject to restrictions.
All copies of the instrument were taken by Mr. Legro.
Letter from Busa Realty Trust, with reference to tax
title lots on Circle Road, requesting a change in the Tax title
wording of paragraph !a. of the Agreement, was held over. lots
Mr. Legro exphined that the Agreement now provides
for the Busa Realty Trust to Eive bond to the Town in the
sum of $30,000, the amount recommended by the Town Engi-
neer as surety for construction of the way and installation
of utilities. He said if this is the way Mr.Busa wants to
handle this, he would suggest to the Board that the whole
matter be delayed. He stated that the Planning Board,
in some dependence, on the progress of these agreements and
conveyance of these lots, has conditionally approved Green
Valley, Section 7. It has approved and released for
building a few of the lots in the subdivision requiring a
turnaround at the end of Circle Road and provided no other
lots should be released until this section of Circle Road
is constructed. He explained there are two parties in-
volved, father and son. The father is the subdivider and
the sons are the proposed purchasers of the tax title lots.
He further explained that a part of the consideration of
the sales of these lots was that Circle Road would be built
and the utilities installed. He thought Busa was ready to
300
Permits
go ahead with the purchase of the lots and construct the
way and give bond or defer purchase of the tax title lots
and let the Town do what it wants to with the lots.
Mr. Mabee said he did not see why the Board should
enter into an agreement now.
Mr. Cataldo reported that he talked with Mr. Busa
Saturday and the date mentioned in his letter should be
1966 and not 1968.
Mr. Legro said the Agreement says 1968, and he
thought Mr. Busa misread.the Agreement.
Mr. Cataldo explained the intent was to begin June,
1966, and complete by 1968. He told Mr. Busa to send
in another letter.
Mr. Legro explained there was no time limit set
for beginning construction of the way.
Mr. Cataldo said in his letter, Busa has 1968. If
conveyed now, it would be through Land Court by May of
1966 and this is Busa's feeling.
Mr. Legro said he was not concerned about the date
Busa begins, but is concerned about the date of completion.
Mr. Cataldo asked if Mr. Busa didn't mean that he wanted
to put up the bond when he begins.
Mr. Legro said he did not see that this accomplishes
anything, and what he does not like is that Section 7 of
this subdivision has been contingent on this and the
Planning Board based its action on the fact it thought
this was coming along.
Mr. Cataldo asked if everything would be fine if
Busa obtained a bond now.
Mr. Legro replied in the affirmative and said he
would have title to the lots and take whatever action
necessary to get a good marketable title and bei n con-
struction of the way and utilities. He stated that the
sooner Busa completes it, the more satisfactory the ap-
proval of the Planning Board of Section 7 is going to be.
It was agreed to request Mr. Busa to clarify his
position.
Request for permits to move two buildings were held
over from the last meeting.
Mr. Carroll said he had no objection to the proposed
routes.
Upon motion duly made and seconded, it was voted
to grant Metropolitan Building Movers Co. permission to
move a building from 18 Bowman Street, Lexington, to
Lawrence Lane, Lexington, and tomove a building from
Deming Road, Lexington, to Rublee Road, Arlington, sub-
ject to the established regulations.
1
Requests from the Boston Edison Company and the New
England Telephone Company for permission to locate poles
on School Street and Concord Avenue were held over at the
request of Mr. Carroll.
Mr. John H. Blaisdell, Appropriation Committee, and
Mr. Hugh Chapin, Capital Expenditures Committee, both
members of the Public Works Building Committee, met with
the Board.
Mr. Cataldo, Chairman of the Committee, reported
that meetings had been held almost every Friday morning
during the summer and made certain recommendations, a
copy of which had been given to each member of the Board,
and which he proceeded to read. He explained the com-
mittee would like the Board to act on the four recom-
mendations and, if it agrees with the recommendations,
to authorize $2,000 for it to interview an architect for
the purpose of preparing preliminary plans.
The Chairman asked if a member of theBoard was pre-
pared to move that the recommendations be accepted in toto.
Mr. Mabee referred to paragraph 2, D., public accept-
ance of the present location, and asked how the committee
arrived at that conclusion.
Mr. Cataldo explained 99% of the townspeople accept
the Town barn where it is. He stated the people on
Ledgelawn Avenue have expressed some opposition to it being
there, but the problem if it were moved to another lo-
cation, would be greater than it is at the present location.
Mr. Mabee asked about the three sites the committee
found usable.
Mr. Cataldo mentioned Utica Street, the old sandpit,
the present site, and the Buse farm combined with Plugis
farm. He said Hartwell Avenue was discarded because it
was not centrally located. The Committee feels it should
be centrally located with a minimum of nine acres if neces-
sary.
Mr. Mabee asked about the Planning Board's reaction.
Mr. Cataldo replied that Board felt the barn should
be kept in its present location. If the decision was to
move it, the present area should be rezoned R-1 or used
for some other municipal purpose. However, the prefer-
ence was to leave it where it is. He explained the com-
mittee has gone over the subject very thoroughly with the
Planning Board.
Mr. Chapin said the committee feels there would be
many more problems involved in moving it. The entire
committee is convinced that more efficient use of the
present space is possible and maybe all the additional
space required does not need to be done at one time.
301
Pole
locations
Public
Works
Building
Committee
302
This is the area in which they need the professional help
of an architect.
Mr. Mabee asked about the difference in cost with
regard to the number of miles the Town equipment would
have to travel if the barh were located on Hartwell Avenue.
Mr. Cataldo explained that the committee looked at
this from the point of view of service to the people
rather than the cost aspect.
Mr. Blaisdell said the Town owns the present site, it
owns and has a building on it which is usable. If it is
moved to Hartwell Avenue or any other site, the Assessors
have an extremely low value on the barn. He said the com-
mittee came out with a feeling if. it went to any other lot
it would just about break even or lose money exchanging lot
for a lot without a building.
Mr. Cataldo said the committee's decision was based
primarily on a service basis rather than cost.
Mr. Mabee asked if this satisfied the long-range re-
quirements of the Town.
Mr. Cataldo replied, in talking with Mr. Carroll, it
is the best that can be determined right now.
Mr. Chapin said it is part of the long-range financial
study.
Upon motion duly made and seconded, it was unanimously
voted to accept the recommendations submitted by the Public
Works Building Committee.
Upon motion duly made and seconded, it was unanimously
voted to grant permission to the committee to interview an
architect to prepare preliminary plans, and to provide funds
in the amount of $2,000.
Letter was received from the Arlington Board of Select-
men advising that it had appointed the following individuals
to serve on the Great Meadows Committee: Chester F.
Great Protheroe, Chairman, 14 Mayflower Hord, Dr. Herbert M. Meyer,
Meadows 276 Massachusetts Avenue, and Harry J. Miller, 21 Grove
Committee Street.
Upon motion duly made and seconded, it was voted
to appoint Mr. William Rae, John J. Garrity and Richard S.
Sparrow to serve on Lexington's Great Meadows Committee.
Mr. Sheldon asked if the Arlington committee would
have a representative from the Board of Selectmen, and
Nr. Cataldo replied in the negative.
Letter from Stanley W. White, 11 Belfry Terrace, com-
Complaint plaining about bicycles being ridden on the sidewalks,
was referred to the Police Department.
1
1
303
Appointment of a substitute Wire Inspector was held
over. Substitute
The Chairman submitted the name of Edward J. Burke, Wire
7 Ewell Avenue, and Mr. Burnell submitted the name of Inspector
Richard Moakley, 149 Adams Street.
Upon motion duly made and seconded, it was voted
to appoint Edward J. Burke, an electrician who does
not work in the Town, Substitute Wire Inspector, for
the period of time when Mr. Jeremiah's leave of absence'
commences and until he returns to resume his duties;
Mr. Burke to be paid directly by the Town.
The Chairman read a memo from Mr. Gray, Executive
Assistant, relative tohis discussion with Acting Chief Dog Officer
Corr in regard to appointment of a Dog Officer.
The Board agreed with Acting Chief Corr's recom-
mendations and asked that he be requested tosubmit a
series of names from which the Board could make an appoint-
ment.
The Chairman read a letter from the Recreation Com-
mittee requesting a transfer of $504.61.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the Transfer
sum of $504.61 from the Reserve Fund to the Recreation
Committee --Expenses Account.
The Chairman read a memo from Mr. Gray relative to
his meeting with Mr. Irwin in regard to Mr. Fred W. ✓ Complaint
Meurling's complain about conditions existing at 44
Maple Street.
It was agreed to follow Mr. Gray's suggestion that
the matter be left in the hands of the Building Inspector
and that no further action be taken by the Board.
The Chairman read a memo from Mr. Gray in regard to
a letter received fromthe Planning Board with reference
to four violations of the Zoning By -Law. Zoning
It was agreed to have Mr. Gray keep the Board ad- violations
vised on progress being made by Mr. Irwin, Building
Inspector, and to advise the Planning Board of the status
of the violations.
Upon motion duly made and seconded, it was voted
to grant permission to the Church of Our Redeemer to
hold a Paper Drive on Sunday, October 24, 1965.
Paper Drive
304
Exhibit
Cert. of
Inc.
Upon motion duly made and seconded, it was voted
to grant permission to the Painters' Guild of the Lex-
ington Arts & Crafts Society to conduct its annual show
of paintings on the Buckman Tavern grounds on Sunday,
October 10, 1965, or, in the event of inclement weather,
on Sunday, October 17, 1965.
Upon motion duly made and seconded, it was voted
to certify the character of Edward B. Van Dusen, 3 Slocum
Road, an applicant for a Certificate of Incorporation,
satisfactory references having been received from Acting
Chief Corr.
Upon motion duly made and seconded, it was voted
Uses of to grant the Lexington Historical Society permission to
Halls use Estabrook Hall on November 9, 1965 and February 8,
1966 and Cary Hall on April 10, 1966, subject to the
established regulations.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on September 13, 1965.
Upon motion duly made and seconded, it was voted
I.D. Card to authorize the Chairman to sign a Liquor Purchase
Identification card for Joseph T. Clarke, 6 Nowers Road,
satisfactory evidence of his age having been submitted.
The Chairman reported he had requested a Civil Ser-
vice list and received back a form to be filled out and
returned. He explained this is for the Chief of Police
and he has been told the marks are out. He said the
II' Civil Ser- question was the salary rate. He was authorized to call
vice list the Livision of Civil Service and ask whether or not a
salary range would be acceptable and also inquire about
the effective date of the position.
The Chairman mentioned that Mr. Otis S. Brown, Jr.
Hunting was a member of the Hunting Committee as a Selectman,
Committee and the article said there had to be a Selectman on it.
He said if the Board is to conform to the article, and
he expected it would, it will have to replace Mr. Brown.
Mr. Sheldon agreed to serve in Mr. Brown's place.
The Chairman said an appointment would have to be
made to the Town Celebrations Committee and submitted
Appointment the name of Ralph V. Lord, Jr.
Upon moti:.n duly made and seconded, it was voted
to appoint Ralph V. Lord, Jr., 17 Augustus Road, to the
Town Celebrations Committee for a three-year term ex-
piring April 30, 1968.
1
1
305
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis- Executive
cussing, deliberating or voting on matters which, if Session
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following discussion relative to painting the water
tower and the Swenson land, it was voted to resume the
open meeting.
Upon motion duly made and seconded, it was voted
to adjourn.
A true record, Attest:
-Exec ive Clerk, Select
306
SELECTMEN'S MEETING
September 27, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, September 27, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
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 the request of Miss McDonough, Town Clerk,
Jurors two jurors were drawn. Those drawn were Frank B.
Locke, 18 Harbell Street, and Gerald F. MacNeil, 49
Grapevine Avenue.
Mr. Legro reported th4t the eontract between
the Town and Whitman & How'ard, for engineering ser -
Engineering vices on certain streets, was in proper form.
Contract Upon motion duly made and seconded, it was voted
to execute the contract as submited, and all six
copies were taken by Mr. Legro.
Mr. Legro reported that he had the contract
between the Edwards Company, Inc. and the Town for the
Civil Defense warning system. He said he thought it
was in proper order, but having only received it today,
C.D. warning did not have an opportunity to go over theminor re -
system visions. He explained the installation work is to be
contract done by R. W. Jones Electrical Co., Inc.
Upon motion duly made andseconded, it was voted
to execute the contract subject to approval of Town
Counsel. All three copies were taken by Mr. Legro.
Upon motion duly made andseconded, it was voted
to authorize thesubcontractor to do the electrical
work providing the Edwards Company, Inc. assumes all
liability.
Mr. Legro referred to Mr. Kobrick's meeting last
spring relative to Laconia Street. He recalled it
Laconia was the Planning Board's suggestion if that way,
Street sometimes known as Laconia Street, were to be discon-
tinued, the owners should provide a thirty-foot street
along the westerly edge of their land. The principals
had considered this and decided with the other obligations
1
307
of the owners, this would make the entire situations
prohibitive. They are of the frame of mind to in-
demnify the Town against any damages or loss that may
be incurred if theTown should discontinue the way
known as Laconia Street and any damages or loss that
may be incurred by the Town for the reason of Laconia S
Street going out to Lowell Street. They will undertake
to either move the water pipe or put a new water pipe
in a new location without removal of the old one. He
said this is all by way of report. The question still
remains whether the Town can do anything to distinguish
any rights that may be involved.
The Chairman read a letter from Frederick J. Conroy
advising that he represents Ned S. Rasor in the matter
of the sewer betterment assessment levied on the property Rasor
at 80 Marrett Road. sewer
Mr. Carroll submitted a plan and indicated the betterment
property and sewer which was installed last year. He
explained the entire length of the property was assessed
and the total amounted to $2293. He said the only
relief he could think of would be to cut off a portion of
it.
Mr. Cataldo asked on what basis the abatement is
being applied for.
Mr. Carroll said he did not know.
It was agreed to advise Mr. Conroy to contact Mr.
Carroll.
The Chairman reported that Mr. Albert Busa, repre-
senting Busa Realty Trust, came into the office and
amended the letter of September 13, 1965 to the Board
with reference to a change the Trust proposed in pars- Circle
graph four of the agreement in connection with the con- Road
veyance of tax title lots on Circle Road. He explained
the date for commencing construction has been changed to
June 30, 196; and initialed by Mr. Busa.
Mr. Legro said he thought it was decided at the last
Board meeting, the only thing the Board was concerned
with was the completion date.
Mr. Mabee said Mr. Cataldo pointed out the error in
the commencing date.
The Chairman asked what the problem was.
Mr. Sheldon replied Mr. Busa does not want to put up
a bend.
Mr. Cataldo said he has to have the lots land courted.
Mr.'Sheldon asked if he would agree to put up a bond
in June.
Mr. Legro advised the Board could defer the convey-
ance if Mr. Busa wants to defer the time for giving bond.
308
,Wright
Street
Gas main
Planning
Board
office
expansion
He explained under this arrangement, he cantt land court
the lots. He said he did not think the Selectmen would
object to a reasonable delay so long as it knew when the
work was going to be bompleted and the lots were not tied
up for too long a period. He said if Busa wants the
agreement and the commencing dace deferred for six months
or so, he would have no objection, but he did want the
bond at the time of passing.
Mr. Cataldo asked if Mr. Legro would not change his
opinion if Busa had in his letter he would complete by
1968, and Mr. Legro replied in the negative.
It was agreed to advise Mr. Busa that the original
decision of the Board should not be changed.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the
following j/o pole locations, all having bout.) approved
by Mr. Carroll:
School Street, southeasterly side, at Eastern Avenue,
One pole.
(One existing j/o pole to be removed.)
Concord Avenue, northeasterly side,
a point approximately 7L.2 feet
pleasant Street, --
Two poles. (Two existing j/o
southeasterly from
southeast Of
al. IMF
poles to be removed.)
Petition received for construction of Wright Street
and installation of sanitary sewer was referred to Mr.
Carroll, Superintendent of Public Works, who agreed to
have a formal petition prepared and sent out.
The Chairman read a letter from the Mystic Valley
Gas Company requesting permission to install a gas main
in cx:nve Street. The proposed location was approved
by Mr. Carroll.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company to
install a four -inch welded steel gas main in Grove Street
to serve gas to Carriage Drive and Coach Road.
The Chairman read a letter from Mr. Zaleski, Plan-
ning Director, to Mr. Carroll asking that some provision
be made in the 1966 budget for an extension of the
northerly and easterly walls of his office into the
corridor by about 6i-4 feet.
Mr. Carroll said unless the Board had some objection,
he would include this in the budget for next year. He
said he did not think this would hinder any future plans
for expansion of this building.
C.J
aDo
1
3O
Notice from the Department of Public Utilities of
a hearing, upon petition of theBoston Edison Company, Edison
relative to the issuance and sale by the company of hearing
bonds, was noted and placed on file.
Memo from G. H. Conant, 201 Follen Road, complain-
ing about uncovered rubbish trucks being operated by Rubbish
Fred Miller & Sons, was referred to the Police Depart- trucks
ment for whatever corrective action may be necessary.
A copy of the Town of Lincoln's Regulations and
Requirements concerning the moving of buildings on public Moving
Nays was received and the Clerk was instructed to send buildingh'
a copy to the Town Counsel, Police Department, and Super- regulation
intendent of Public Works.
Application for the position of Superintendent of
Cemeteries was received from Mr. William C. Kling, a Applicatii
long time employee of the Cemetery Department.
The Chairman suggested thatthe application be
filed until such time as the vacancy in the department
occurs, and tell Mr. Kling the Board would accept it as
a preliminary application.
Letter was received from Mrs. Mary L. Levis, to-
gether with copy of letter she sent to the State Com- Complaint
missioner of Veterans of Foreigh Wars, requesting the
immediate removal of the V.F.W. building onHayes Lane.
The Chairman suggested thatMrs. Levis be advised the
Board would cooperate.
Release was received from the Alcoholic Beverages
Control Commission relative to the sale and delivery of Package
alcoholic beverages on Columbus Day. Goods
Motion was made to request all Package Goods Stores Stores
to remain closed for the entire day. The motion was not
seconded, and therefore lost.
The Chairman suggested that the managers of the
stores be advised they will conform to the hours estab-
lished by the Commission.
The Chairman said the Board did state it would
reactivate the Financial Study Committee.
Mr. Sheldon said he had no objection, but did want Financial
to point out a good deal of that work is going on in the Study
overall 'study with nine or ten subcommittees which will Committee
do everything this group did and more. This overall
study has been set in motion. He said if the Chairman
thought there would be no duplication, he would have no
objection.
310
Mr. Cataldo stated the benefit here would be if
the Board wanted figures for the March Town Meeting.
Mr. Sheldon said he was not opposed and presumed
several of the same people would serve again.
The Chairman said the Board should at least give
people who served before an opportunity to serve again.
Upon motion duly made and seconded, it was voted
to reactivate the Financial Study Committee.
Upon motion duly made and seconded, it was voted
to grant Christian High School permission to conduct
Use of hall a choir concert in Cary Hall on December 10 or 18,
depending on a final date of a Cary Lecture, free of
charge.
License
I.D. Card
Minutes
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to William C. Judkins,
70 Seminole Avenue, Waltham.
Upon motion duly made and seconded, it was voted
to authorize theChairman to sign a Liquor Purchase
Identification Card for Marie E. Ferracane, 31 Winthrop
Road, satisfactory evidence of he r birth date having
been received.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on September 20, 1965.
Mr. Aiden L. Ripley met with the Board to further
discuss the hour at 572 Massachusetts Avenue, and
asked for another extension of thirty days. He reported
the owner of the land on both sides of the easement and
directly in back of the house is interested in the house
himself* *He'' would=tahp +the house and as soon as possi-
ble, move into it and work on it himself.
Mr. Sheldon said this man would move the house onto
his own land.
Mr.Ripley replied in the negative. He said the
house would remain where; it is until such time as Emerson
Road came along. He would improve the house and he and
his wife would live there. His daughlaer and her family
live in the house right beside it. The first thing he
would do would be to paint it, then do the inside paint-
ing and a certain amount of repairs. He is willing to
sign an agreement with the Town whereby there would be
no damages in any way against theTown if he put $5,000,
$6,000 or $7,000 in the house and then Emerson Road came
through. He willnot hold the Town responsible because
when Emerson Road comes through, he only has to move the
house fifty yards and he would be on an accepted street.
1
1
311
The Chairman said this man would be living in a
house on Town land.
Mr. Ripley said that was correct. It would be the
same as the last two people. ✓
The Chairman said thosespeople had a relationship
with the Town as tenants and asked what this man's re-
lationship would. be.
Mr. Ripley said the Board would sell the house to
him and he would remain there on Town land.
Mr. Legro advised that house is part of the realty
and he did not think it could be severed. The property
would continue to be the responsibility of the Town and
someone would be living there without paying rent. He
said he thought the property could be "severed by vote of
the Town.
Mr. Ripley asked about the Board letting the man live
in there anyway and letting him do these things.
The Chairman stated there is a difference of opinion
as to the value of the house. The Board's intention from
a way back has been to tear that house down. Theh they
modified it to allow it to be moved. He said the Board
does not want to leave that house there in its present
condition.
Mr. Ripley said this person would immediately put
the house in good shape and live in it. He said he knew
the Historical Society feels it would be an asset.
Mr. Cataldo said there is no question, money could
fix that house, but a husband and wife going in there
to do it themselves with $5,000, he could not see it will
come out the way Mr. Ripley thought it would.
Mr. Ripley said to would have some help on it.
Mr. Cataldo said even if they hire someone, $5,000
would not be seen. He would spend that much for painting,
fixing the porch and landscaping. He said the house could
be restored and look good, if someone has that kind of money.
Mr. Ripley said he would take it and live in it, and if
Emerson Road came, he would then move it. He said as far
as he knew this man could move it now, but would rather
leave it"where it is. He said if the house were moved now,
it would not have any frontage. He said if theTown would
allow him, and make it legal for him to have a right of way
to the lot of land in back of the large house which is be-
side this house, he would move it across the easement; if
the Town would permit him to have frontage on the easement
until Emerson Road goes through. He said then there is
the problem of water.
Mr. Sheldon said he supposed the douse could be
rented for $1.00 per month and this man -agree to make
certain repairs. He said the Town could tear it down if
it wanted to.
312
Mr. Legro said he supposed it could be done.
Mr. Sheldon said the Board would have to get a defi-
nite agreement to put the place in condition. This man
would be gambling the money against the time when Emerson
Road goes through and he would have no title to it.
Mr. Ripley said he seems to be a responsible man and
owns real estate. If he got it at a rental or some very
low price a month, he thought he would be interested.
The Chairman asked if anything had come out of trying
to get the house moved.
Mr. Ripley replied in the negative.
The Chairman said he did not know how this man could
move the house and not have a frontage on a street. Some-
one would have to give him permission.
Mr. Ripley said that would be Board of Appeals.
Mr. Cataldo pointed out the Town would be committed
to utilities.
Mr. Carroll said the Town would be coimnitted:to supply
water.
Mr. Legro advised the Board would be committing itself
to a seventy-foot way also, and also to putting Emerson
Road through.
Mr. Mabee said he assumed one of the reasons the
Board wanted to tear the house down was because it looked
bad. If the Board could get an agreement with someone to
the Board's satisfaction that would be what the Board
wanted in the first place.
Mr. Cataldo said if they are going to fix this build-
ing for $5,000, it would not be an asset. He said this
Board would be putting future Boards in an undesirable posi-
tion in years to come.
Mr. Carroll pointed out this man would have to maintain
the grounds.
Mr. Mabee said it would not make any sense to the owner
unless he knew he had a sure place to move the house and the
Board cannot guarantee that. It can't give him any
assurance that he will be on a street with a frontage now
or fifteen years from now.
Mr. Ripley said he thought this man owns the house
next to it. He lives in Watertown and would rather use
it where it is than move it.
The Chairman said there is no question but Mr. Ripley
has been acting in good faith. People are saying the
idea is to stall this as long as the Board can until a
Town Meeting is held to preserve this house. He asked if
Mr. Ripley had any knowledge of this.
Mr. Ripley replied in the affirmative and asked how
the Board felt about extending this until'Town Meeting.
The Chairman said he would be opposed, and the Board
has to look at this from the point of view of the best
interest to the Town.
1
313
Mr. Burnell said if this mean had a good buildable lot,
would he want to move the house onto the lot.
Mr. Ripley said he thought he would but it runs into
water and sewer.
Mr. Cataldo asked what protection the Town would have
if the Board went into something like this, the man moved
in and a month later was taken ill and could do nothing.
Mr. Legro said he assumed the Town would first of all
want to write an agreement of rather short duration because
it has no way of knowing when Emerson Road will go through.
He said he did not think tae Selectmen had any right to
commit the Town for five years.
Mr. Cataldo asked what protection the Town could get
that this house would be repaired.
Mr. Legro advised he did not think there was any
unless the man put up a bond.
The Chairman said he did not think there was any
merit in considering, at this time, another tenancy in
the building, but he would go for another extension to
see if Mr. Ripley could find someone to move the building
to a bona fide lot. He explained he was speaking for
himself, and not the Board.
Mr. Ripley said he would still like an extension
of thirty days.
The Chairman asked if the Board was interested in
another tenancy. The Board was unanimously opposed,
even at $1.00 per month.
The Chairman asked if the Board was disposed to
granting another thirty -day extension. He said he would
be in favor of another thirty days which might be the
last extension unless there are some concrete plans to
move the house.
Mr. Ripley asked if the man thought he could afford
water and a sanitary disposal, would the Board grant him
a right of way for his own use.
Mr. Legro advised this could not be done until a Town
Meeting gives the authority.
The Chairman stated the only thing the Board can do
this evening is to consider another thirty -day extension.
Upon motion duly made and seconded, it was voted
to extend the time for demolishing the house at 572
Massachusetts Avenue for thirty days beginning September
28, 1965.
Mr. Ripley retired.
Mrs. Joseph P. Kelley, 83 Cary Avenue, met with the
Board relative to a water betterment bill in the amount
of $151.88 which she claimed should have been paid by the
former owner of the property.
314
Mr. Sheldon asked if the usual procedure would have
been for the attorney to make a search to see what bills
the Town might have against the property.
The Chairman stated the onus is on the attorney, He
asked if Mrs. Kelley was requesting an abatement of a
charge for water repairs and she replied in the affirmative.
Mr. Carroll said this must have been a service charge
and asked for a copy of Mrs. Kelley's bill.
The Chairman asked Mr. Carroll to look into the matter
and said the Board would let Mrs. Kelley know when a de-
cision has been made.
Mrs. Kelley retired at 8:50 P.M.
Messrs. Rae, Garrity and Sparrow, recently appointed
members to the so-called Great Meadows Committee, met with
the Board.
The Chairman said everyone is agreed that some effort
should be made to find some useful purpose of theGreat
Great Meadows in keeping with any protection the Town of Arling-
Meadows ton may need for the land as convervation purposes. He
Committee said the Board hoped this committee, talking to the Arling-
ton Committee, could come up with some recommendations that
might be mutually acceptable to the two towns and the Boards
of Selectmen. He exp]ained this is an exploratory com-
mittee and the Board would wait for any recommendations it
may have. He said the committee's first move should be
to get in touch with the other three men from Arlington,
The group retired at 9:00 P.M.
= The Chairman read the results of theCivil Service
examination for the position of Chief of Police as follows:
Chief of Lieutenant Paul E. Furdon, 98.02
Police Lieutenant James F. Corr 07.31
Sergeant James J. Lima 93.79
The Chairman said there are three candidates for the
position of Chief of Police, and while the decision should
be in open Session, he felt the interviews should be in
Executive Session because the same questions will be asked
of the three candidates.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberatingor voting on matters dhich, if made public,
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following interviews with the three candidates, and
discussion with Town Counsel with reference to the so-called
Monsignore land on Laconia Street, it was voted to resume
the open meeting.
Executive
Session
1
1
The Chairman said there was another accident at
Bedford Street and Harrington Road, and he had obtained
from the Police Department a list of all accidents at
this intersection from December 29, 1960 until July 7,
1965. He said if the Board could decide this evening
to put a "Stop" sign on Harrington Road, within two
weeks it would have approval on it.
Mr. Burnell said when a study was made of Bedford
Street, it was started at Harrington Way and asked if
any recommendations were received from the State in
regard to Harrington Way.
Mr. Carroll said he did nut think specific recom-
mendations were made.
Mr. Burnell asked if there should be a "Stop" sign
or a light.
The Chairman stated a "Stop" sign will be an indi-
cation to the people in the area that the Board is aware
of this.
Mr. Burnell said the Board is waiting to see what
the results along Bedford Street will be. He said he
wasin favor of putting in either a "Stop" sign or a
"Yield" sign which seems to gain more and more favor
around the country. He said he thought a "Stop" sign
would be excellent. He asked about Hancock Street
going onto Bedford Street.
The Chairman said he was suggesting a "Stop" sign on
either side of Bedford Street at Harrington Road.
Upon motion duly made and seconded, it was voted
to erect a "Stop" sign at either end of Bedford Street and
a "Yield" sign at Hancock and Bedford Streets.
Upon motion duly made and seconded, it was voted
to erect these signs on a trial basis.
The Chairman said the Board did have, in Executive
Session, the three candidates for Chief of Police and the
Board is very proud of its Police Department and the marks
received by the men who took the examination. He stated
at this point the Chair would aks the Bo4Bd if it was ready
to make a decision.
Mr. Sheldon said he felt it was, and he nominated
Lieutenant James F. Corr for Chief of Police.
Mr. Burnell seconded the nomination.
The Chairman asked if there were any other nominations,
and there were none.
Upon motion duly made and seconded, the nominations
were declared closed.
The Chairman instructed the Clerk to cast one ballot
for the Board appointing James F. Corr, Chief of Police,
effective October 15, 1965. The Clerk east one ballot
315
Traffic
316
and it was unanimously voted to appoint Lieutenant
James F. Corr, Chief of Police, effective October 15, 1965.
The Chairman asked for a vote authorizing him to
to sign Certification Form 16 received from the Director
of Civil Service.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to certify the appointment
of Lieutenant James.F. Corr to Chief of Police.
Upon motion duly made and seconded, it was voted
to ajourn at 9:45 P.M.
A true record, Attest:
1
317
SELECTMEN'S. MEETING
October LE, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, October LF, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Sheldon and Mabee were present. Mr.
Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr.Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Request was received from Miss McDonough, Town Clerk,
that one juror be drawn. Mr. Paul L. Bull, L.7 Liberty Juror
Avenue, was drawn for jury duty.
Mr. Gray reported two requests were received for the
purchase of tax title lots and referred to the Planning
Board. One offer was received from Edward E. Domino,
8 Dunham Street, Lexington, for the purchase of lots 3,
8, 52 and 53 as shown on the Assessors' property map #24. Tax title
Mr. Gray readaa letter from Alexander V. Zaleski, V
Planning Director, advising tbatthe Planning Board has
no objection to the sale of these lots for building pur-
poses, provided the rchaser agrees to use each pair of
50 foot wide lots ass/I00 foot wide building lot. Lot
53 should not be sold as a separate building lot, but only
to be consolidated with either lot 52 or with another ad-
jacent lot.
Mr. Gray reported that the other request was received
from Alfred Iodice, 63 James Street, for the purchase of
lots 1 and 2, James Street. The Planning Board has no Tax title
objection to the sale of these lots providing they will
not be built upon until James Street is constructed either
as a subdivision in accordance with the rules of the Plan-
ning Board or else as a Town way and that Lots 1 and 2
be used jointly and not as two separate building lots.
The Chairman said if those interested are abutters,
the Board can negotiate; if they are other than abutters,
the Board should advertise. He said, with reference to
the abutter, it is the Board's procedure to notify any
other interested abutter and if that person is not inter-
ested, then it deals directly with the abutter that is
interested.
Mr. Gray said there is another lot, 80, on Valleyfidld
Street.
Mr. Cataldo suggested that Mr. Gray bring in some plans
so the Board will be in a better position to make a decision.
318
Mr. Gray read a letter from James R. Maclnnes,
Administrative Assistant, School Department, relative
to a law pas::.ed in 196k wherein towns had tc save
harmless teachers involved in a liability suit. It
was discussed at the time with the understanding that
this was optional as the law read that the town "map"
save a teacher harmless and now it reads "shall" save
a teacher harmless.. Mr. Maclnnes has received a
number of calls from concerned teachers as to what the
Insurance status now is.
Mr. Gray reported that when this was discussed
before, he received a list from the School Department
of science, industrial arts, physical education, coaches,
etc., that the department had as being high risk people.
This list was submitted to Mr. Stolz, Brewer & Lord's
representative, and because of the cost determined at
that time, the Board decided not to take out this cover-
age. He explained if the insurance is taken out, it
would probably be charged to the Town's insurance budget.
Due to the high cost of this coverage, the Board decided
last year not to take the insurance, but to take each
case as it came up.
Upon motion duly made and seconded, it was voted
not to take out the insurance saving harmless a teacher
involved in a liability suit, but to have them remain
"self-insurad" against this possibility.
Mr. Legro reported he had a deed from the Town to
Manhattan Builders, Inc., for the parcel of land on
Waltham Street between the Bevilaqua land and the parcel
Deed to presently owned by the Manhattan Builders, Inc. He ex -
land on plained the Town reserved in this deed the sewer, water
Waltham St. and drain easements in the ten -foot strip. He said the
Superintendent of Public Works thought it would be well
to reserve the sewer and water easements and there has.
been no objection from the owners.
Upon motion duly made and seconded, it was voted
to execute the deed, as submitted by Town Counsel, in
the following form:
The Town of Lexington, a municipal corporation in
Middlesex County and Commonwealth of Massachusetts, sating
by its Board of Selectmen under and by virtue of the power
conferred by vote of the Town Meeting held on March 2t1,
1965, a copy of which is hereto annexed, and every other power,
for consideration paid, grants to Manhattan Builders, Inc., a
Massachusetts corporation having a usual place of business
in Arlington, Middlesex County, Massachusetts, a certain
parcel of land situated in said Lexington shown as Lot D-1
1
319
on plan entitled "Plan of Lot D-1 Waltham St. Lexingtbn,
Mass.", dated February 16, 1965, John J. Carroll, Town
Engineer, to be recorded herewith, bounded and described
as follows:
Southeasterly by Waltham Street, fifty and 36/100
(50.36) feet;
Northeasterly by land of Anthony & Rose Bevilaqua
on said plan, one hundred twenty-five
and 03/100 (125.03) feet;
Northwesterly by land of Town of Lexington, Municipal
Parking Lot, on said plan, fifty and
73/100 (50.73) feet; and
Southwesterly by land of Manhattan Builders, Inc. on
said plan, one hundred twenty-five
and 02/100 (125.02) feet.
Containing, according to said plan, 6,316 square feet
of land.
Being a part of the premises described in an Order of
Taking adopted by the Board of Selectmen of the Town of
Lexington dated September 12, 1955, recorded in Middlesex
South District Registry of Deeds, Book 8564, Page 190.
The grantor hereby reserves in said lot D-1 the per-
petual rights and easements as follows:
A. The perpetual rights and easements to construct,
inspect, repair, renew, replace, operate and forever main-
tain (1) a sanitary sewer or sewers, with any manholes,
pipes, conduits or other appurtenances, (2) pipes, conduits,
and their appurtenances for the conveyance of water, and
(3) a covered surface and ground water drain or drains with
any manholes, pipes, culverts, conduits and their appurtenances,
and to do all other acts incidental to the foregoing, in-
cluding the right to pass along and over the land for the
aforesaid purposes, in, through and under a strip of land
bounded southwesterly by the southwesterly boundary line of
said lot D-1, said strip having a uniform width of ten (10)
feet as measured at right angles between side lines and
extending the dntire depth of said lot D-1 from Waltham
Street to land of the Town of Lexington, Municipal Parking
Lot, all as shown and marked "10' Easement" on said plan.
B. The perpetual rights andeasements for use by the
public, in common with others entitled thereto, to pass and
repass on foot over thv strip of land hereinabove described
in paragraph A.
C. The perpetual rights and easements for use by the
public, in common with others entitled thereto, to pass and
repass on foot over a strip of land having a uniform width
of four (L) feet as measured at light angles between side
lines and extending southeasterly' from land of the Town of
Lexington, Municipal Parking Lot, a distance of fifty (50)
320
feet along the northeasterly boundary line of said LotD-1,
all as shown and marked "41 Easement" on said plan.
The aforesaid easements set forth in paragraphs A, B
and C hereof are subject to the right of the grantee and
its successors and assigns to construct,maintain and
repair over said easements, in compliance with the require-
ments of the Building and Zoning By -Laws of the Town of
Lexington, an extension or extensions of any building erected
or to be erected on the portion of said Lot D-1 that is not
subject to the aforesaid easements, provided that no part
of any such extension shall be erected, placed or maintained
at a height of less than twelve (12) feet from the finished
surface of said easements, and subject also to the right
of the grantee and its successors and assigns, after approval
in writing of the Board of Selectmen, to close such easements
temporarily from time to time for such periods and at such
times as the Board of Selectmen shall deem reasonably neces-
sary or expedient for the purpose of construction, maintenance,
repair or demolition itlf buildings or replacements thereof on
the portion of said Lot D-1 that is not subject to the afore-
said easements, or of any extension or extensions thereof
over said easements as permitted herein.
In consideration of the conveyance to it of the premises
hereinabove described, the grantee hereby agrees for itself
and its successors and assigns:
(1) That it will promptly erect andforever maintain,
in accordance with the provisions of the Lexington Building
By -Law from time to time in effect'' and in accordance with
the provisions of any laws or by-laws enacted or adopted in
place thereof, a roof or roofs over all portionsoof the"10,
Easement" described in paragraph A hereof that are not
covered by any extension of building permitted under the
preceding paragraph hereof. Such roof or roofs shall be
subject to the same height limitations as specified herein
for the aforesaid extension or extensions;
(2) That it will at its expense install, maintain
and operate electrical equipment, and furnish electric
power therefor, for lighting said "10' Easement" in a manner
acceptable to the Board of Selectmen, and will keep the same
lighted and operating during such hours of every day as the
Selectmen shall determine;
(3) That there shall be no obligation upon the grantor
to construct, maintain, repair or drain the durface of the
"4'Easement" described in paragraph C hereof, or to remove
snow and ice therefrom, and that the same shall be the
1
1
the obligation of the grantee, its successors and assigns;
and
(4) Teat for breach of any of the grantee's aforesaid
agreements, the grantor, acting by its Board of Selectmen,
may, at any time and without prior notice, enter upon the
granted premises and any structure thereon and perform
anything required to be done under the aforesaid agreements,
and, in the event of such entry and performance, the
grantee will save the grantor harmless and indemnified
from and against all costs, expenses and damages incurred
by the grantor.
There h s been full compliance with the provisions of
Section 63A of Chapter 44 of the General Laws, as inserted
by Chapter 247 of the Acts of 1955.
IN WITNESS WHEREOF, the name of the Town of Lexington
has been hereto affixed, and this instrument has been execu-
ted in its name and on its behalf by a majority of the Board
of Selectmen and countersigned by the Treasurer of the Town
of Lexington and sealed with the Town seal, and the Manhattan
Builders, Inc. has caused its corporate seal to be affixed
and this instrument to be signed and delivered in its name
and on its behalf by George H. Matheson, Jr., its President,
hereunto duly autaorized, both this 4th day of October, 1965.
Countersigned
/s/ Mary R. McDonough
Town Treasurer
(Affix corporate seal)
TOWN OF LEXINGTON
By /s/ Lincoln P. Cole, Jr.
/s/ Robert Cataldo
/8/ George C. Sheldon
�s
I. H. Mabee
Ma ority of the Board of
Selectmen
MANHATTAN BUILDERS, INC.
By /s/George H. Matehson, Jr.
resident
321.
322
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. October 4, 1965
Then personally appeared Lincoln P. Cole, Jr., Robert Cataldo,
George C. Sheldon and Irving H. Mabee, known to he to be the
duly elected, qualified and acting Selectmen of the Town of Lex-
ington, and acknowledged the foregoing instrument to be their free
act and deed and the free act and deed of the Town of Lexington, before
me,
/s/ Donald E. Lego
Notary Pu lic
My commission expires: March 1I, 1970
CERTIFICATE OF VOTE
I, Mary R. McDonough, Town Clerk of the Town of Lex-
ington, hereby certify that at the Annual Town Meeting duly
called, warned and held on the 1st day of March, 1965, in ac-
cordance with the provisions of law applicable thereto, to wit:
at the adjourned session thereof duly held on March 2L, 1965,
the following vote was unanimously adopted:
"VOTED: That the Selectmen be and they hereby are
authorized in the name and on behalf of the Town to,
sell and convey, subject to such existing easements,
reserving to theTown such additional easements and
upon such other terms and conditions, as the Selectmen
may determine, all or any pat or parts of a certain
parcel of land on Waltham Street that was acquired in
1955 from Herman B. MacKay and Margaret R. MacKay as
a part of the off-street parking area situated between
Waltham Street and Muzzey Street, and is no longer
needed by the Tow.; and that the minimum amount to be
paid for such conveyance or conveyances shall be
30,000.00; and that the deed or deeds of conveyance
shall be in such form as the Selectmen, by their execu-
tion thereof, shall approve."
A true copy.
Attest:
/s/ Mary R. McDonough
Town Clerk
CO
Cr
1
CL1i tK CERTIFICATE
I, Edith F. Matehson hereby certify that I am the
duly elected Clerk of Manhattan Builders, Inc. and that
at a meeting of the Directors of said Corporation duly
called and held on October 5, 1965, at the offices of
Corporation, at which all of the Directors were present
and voting, the following vote was unanimously adopted:
"VOTED: That this corporation purchase from the
Town of Lexington a certain parcel of
land on Waltham Street for a price of
$31,200, said conveyance to be subject to certain
rights and easements and subject to certain
oblications imposed on the Corporation, as set
forth in a proposed deed which was read to the
meeting, and that the President be and he hereby
is authorized on behalf of the Corporation to
sign and affix the corporate seal to the dedd
from the Town, and said deed may contain such
further terms and conditions as he shall approve.
I further certify that George H. Matheson, Jr. is
the President of the Corporation, and that the
foregoing Vote has not been amended or rescinded
and is now in full force and effect.
/s/ Edith F. Matheson
Clerk
Dated: October 5, 1965
Mr. Legro reported he had two tax title deeds
conveying one half of Lot 217 Spring Street to Minute
Man Realty, Inc., nd the other half to Sane M. Doherty
and John P. Doherty.
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
one half of Lot 217 Spring Street to the Minute Man
Realty, Inc.
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
one half of Lot 217 Spring Street to Jane M. Doherty
and John F. Doherty.
323
Tax title
324
Mr. Legro reported he received a further request
from Mr. Kobrick, relative to the parcel of land at the
corner of Woburn Street and Lowell Street, that the
Laconia agreement between the Board of Selec-cmen and the Planning
Street Board be extended to some time in January. He said the
Planning Board did not have a meeting last week so he was
unable to report to that Board but he did report to Mr.
Zaleski who will take this up with the Planning Board
this evening.
Upon motion duly made and seconded, it was voted
to extend the agreement between the Board of Selectmen,
Planning Board and the principals of the parcel of land
at the corner of Woburn Street and Lowell Street to
January 15, 1966 contingent upon the Planning Board's
approval.
Mr. Carroll referred to the parcel of land located
on Laconia Street, owned by Diran M. & Rebecca E. Semonian,
upon which a water betterment in the amount of $450 has
been assessed. Mrs. Semonian came into the Selectmen's
Office and said she wanted this betterment, which had
Semonian been deferred in 1961 for three years, abated. Mr. Carroll
water submitted a plan and indicated the property owned by the
betterment Semonians and pointed out the parcel upon which the
betterment has been levied. He said he could see no
justification in abating this assessment but did think
it could be deferred again. He said there is no question
in his mind but that this is a usable parcel of land.
It was agreed to advise Mr. and Mrs. Semonian that
the Board will consider another three-year deferment if
they will request it in writing.
Notice was received from the Metropolitan District
Commission advising the Board of a hearing to be held
at the Commissioner's Office, October 22, 1965, at 11:00
A.M., on,the subject of Proposed Improvements or Extensions
to the Metropolitan Water Supply System.
Mr. Carroll stated he planned to attend or send a
representative.
MDC Water
hearing
co
cit
1
Notice was received from the Metropolitan District
Commission advising the Board of a hearing to be held at
MDC Sewer the Commissioner's Office, October 19, 1965 at 11:00 A.M. MDC Sewer -
Nearing on the subject of Proposed Improvements or Extensions to Hearing
the Metropolitan Sewerage System.
Mr. Carroll stated he planned to attend or send a
a representative.
Letter was received from Mr. Carroll together
with letters from Whitman & Howard pertaining to recent
Acts enacted by Congress from which Lexington might
benefit. He suggested that the Board follow the
advice offered in each letter as a preliminary step
to gaining further information.
Mr. Carroll said he thought the Board should write
for the information suggested by Whitman & Howard.
The Chairman asked if the proper action, at this
time, wouldn't be to authorize Mr. Carroll or the Execu-
tive Assistant, Mr. Gray, to follow this up so the Board
could act intelligently on it.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll and Mr. Gray to work on this
together.
The Cjairman read a letter from Graphics, Andover,
asking that the Board consider them in seeking a new
concept in the desi„n of the Annual Town Report.
It was agreed to advise the concern that Mr. Gray
would arrange a meeting with Mr. Kenneth Jones, the
firm1s representative, to explore the subject further
to see just what might be done without incurring any
obligation at the present time.
325
Acts
enacted by
Congress
Town Report
The Chairman read a letter from the State Com-
mission on Aging, advising it is now arranging meetings
with Selectmen to discuss development of local Councils Council on
The Chairman suggested, and the Board agreed, that Aged
Mr. Gray contact Mr. William E. Neth, Community Co-ordi-
nator, and have a meeting with him. Then if it is neces-
sary for Mr. Neth to meet with the Board, make an appoint-
ment for Monday, October 18.
Letter was received from Lieutenant James F. Corr,
Acting Chief, submitting the name of Officer Car1.A.
Carlson for appointment to the position of Dog Officer.
Upon motion duly made and seconded, it was voted
to appoint Officer Carl A. Carlson, Dog Officer, to
fill the vacancy caused by the death of Officer Shaughnessy,
effective immediately, for a term expiring March 31, 1966.
Lette from Mr. and Mrs. Anthony Colella, 337 Woburn
Street, requesting a hearing relative to a dog owned by Dog
Clarence Marshall, 11 Appletree Lane, was referred to the complaint
Dog Officer for investigation and report.
Dog Office'
326
Comparative Date - Schemes A, B & C, received from
the Economic Development Associates, Inc., was held over
from the last meeting of the Board.
The Chairman mentioned a meeting scheduled in Esta -
brook Hall this evening by the merchants, property owners,
and the Committee for Revitalization of Lexington Center,
and suggested if the Board finished its meeting in time,
it could attend that meeting rather than discuss this
report now.
Mr. Gray reported that Lieutenant Corr, in his
present position, receives a base salary of $7,759.00,
$365. for Inspector and $50. per month for Acting Chief.
He explained on an annual base this totals $8724.00.
Chief of Mr. Cataldo pointed out, as a Lieutenant, Officer
Police Corr would receive holiday pay, and as Chief he wouldn't.
salary He said he received $8724.00, plus the holidays.
Upon motion duly made and seconded, it was voted
to establish the salary of the Chief of Police at the
rate of $9130.00 per year effective October 15, 1965,
the date Lieutenant Corr assumes the duties of Chief
of Police.
Upon motion duly made and seconded, it was voted
to grant the Lexington Chapter, Daughters of the Ameri-
Use of can Revolution, the use of Estabrook Hall on February 6,
hall 1966, for an open meeting with guests from the Lexington
Historical Society and the Lexington Minute Men, subject
to the established policy for the use of the hall.
Upon motion duly made and seconded, it was voted
to grant the Lexington Pre -School P.T.A. the use of
Use of Cary Memorial Hall on November 6, 1965 and November 13,
hall 1965, for a Pre -School Eye Clinic, subject to the.estab-
lishad policy for the use of the hall.
Upon moticn duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on September 27, 1965.
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 night 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 sewer easement, Longfellow Road and Red Coat Lane,
it was voted to resume the open meeting.
1
1
327
The Chairman read a letter from Miss Mary McDonough,
Town Treasurer, advising that she is in the process of
borrowing $50,000.00, authorized under Article 7 of the Borrowing
Special Town Meeting held November 23, 196!4., for con-
struction of the Moreland Avenue School.
Upon motion duly made and seconded, it was voted
to approve the bid of 2.25% submitted by the New England
Merchants National Bank of Boston.
Upon motion duly made andseconded, it was voted
to sign Note #3367, Certificate of Town Clerk and
delivery authorization.
Upon motion duly made and seconded, it was voted
to adjourn at 8:)45 P.M.
A true record, Att st:
eco iv Cler., Selec en
328
'SELECTMEN'S MEETING
October 11, 196$
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, October 11, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo and Mabee were present. Mr.
Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present.
Lieutenant James F. Corr, who will assume duties
as Chief of the Police Department on October 15, 1965,
met with the Board.
Lieutenant Corr said his request this evening was
Police in regard to the designing of a new uniform for the Lex -
Uniforms ington Police Department. He said he considered this
to be one of the major changes he would ask the Board
to consider, and the change would be in the color. He
said he would offer to the Board a suggestion he had so
it could look at it with regard to color. He submitted
two samples of material. He stated, at the same time,
he would draw to the Board's attention the Rules and
Regulations of the Police Department. He said he thought
the Board would recall in March of this year when a change
was discussed relative to the color of the police cruiser,
he suggested at that time that he would like to get irto
a change in the color of the uniforms. He explained
the department policy has been to allow each man $75.00
a year. Ari appropriation of $2600 has been made each
year and the men are allowed to go to whatever uniform
company they desire. He said he would like to see this
policy changed and to follow article 14 on page 26. Be
said he thought it would be cheaper for the Town of Lex-
ington to follow this policy. He suggested that the men
turn in their uniforms when the superior officer thinks
the uniform should be turned in for a replacement rather
than leaving it to the individual officer's discretion.
He said this could be done in two or three different ways,
and when the budget is presented, perhaps the Board could
select the one it thinks is best. He stated it would
cost $275 per man if he were, tomorrow, to supply all new
uniforms to each man. He said he would expect the new
uniforms to last two years, and he would come in with the
figures November 15 when the budget is considered and let
the Board decide which it would select. He explained his
purpose this evening was to ask the Board if he could
speed $150, which he now has, and outfit one man with
a
Q
1
329
with these new colors. He stated he had a man in mind,
Richard Maclnnis, a man on the day shift. This would
get the public reaction. He explained this would not
commit the Boa,d of the Town. He sued the general trend
in law enforcement is to change the uniform and update it.
The Chairman said Lieutenant Corr would try this
out and have it done fairly soon.
Lieutenant Corr said within a month. He said he
would have the figures in his budget by next month any-
way.
The Chairman said the Lieutenant was assuming this
would work out.
Lieutenant Corr said he was hoping it would, but
wanted to know how the Board will do it.
The Chairman asked how the Board felt, and there
was no objection.
Upon motion duly made and seconded, it was voted
to authorize Lieutenant Corr to outfit one man in the
two -toned blue uniform at a cost of $150.
Lieutenant Corr retired at ?:40 P.M.
Mr. Gray recalled that some time ago, the Board
received an application from the Commonwealth for a
sign at the Carriage House, Route 2, Boston Post noad,
and a sign at Route 128, Lexington. He referred it
to the Building Inspector who replied "This sign is
evidently the one which was formerly on property of
Venuti". In August, he wrote Venuti that the sign
required Board of Appeals' permission. Evidently
the sign has been moved to the Busa land. He explained
the outdoor advertising division of the Commonwealth
can grant permission for these non -accessory signs.
In the past, it was Mr. Irwin's understanding, Town
Counsel filed an objection to such signs as being
contrary to the Town By -Laws.
The Chairman asked Mr. Gray to follow this through
with Town Counsel.
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 discussion with Mr. Carroll pertaining to
personnel in his department, it was voted to resume the
open meeting.
Mr. Gray reported a telephone call from Earl Outhet
who wants to move a roof 24' in diameter and 6' wide.
330
Permit
He discussed this with Mr. Carroll and Lieutenant Corr
earlier today and Mr. Outhet had not mentioned it to
either of them.
Upon motion duly made and seconded, it was voted
to grant a permit to Mr. Outhet subject to concurrence
of the Superintendent of Pubic Works, Acting Chief
Corr and the Tree Warden.
The Chairman read a letter from the Mystic Valley
Gas Company requesting permission to open and occupy
Massachusetts Avenue in front of the house #465, or open
and occupy the easterly sidewalk from #465 Massachusetts
Avenue southerly approximately 100 feet. The company
has been compelled to serve gas to this building by the
Department of Public Unities and the customer at the
present time is being served by bottled gas which the
company must rent from another company.
Mr. Lewis Stockwell, representing the gas company,
said the company would like to reapply for a permit to
open Massachusetts Avenue by crossing the street in
fron of #465 or by coming up the sidewalk. He explain-
ed the bottle d gas is put through the company's own meter
and it can only charge at the rate of natural gas. At
the present time, the company has a 50% deficit.
Mr. Cataldo asked what he was talking about in
money, and Mr. Stockwell replied possibly $600 a year.
Mr. Cataldo asked how much the company would be
reimbursed, and Mr. Stockwell replied about 50%.
Mr. Carroll said he thought he would let them open
the street as a lesson had been learned. He said he
did not like a grass plot type of service.
Mr. C=taldo said that sometime in the future the
street may have to be opened and asked why the company
couldn't wait until that time. He said the amount
involved was only $300 a year.
Mr. Burnell said he wondered if the lesson had been
learned and stated if the street is going to be broken
into, he asked what difference it would make whether it
was now or some future time.
Mr. Cataldo explained he meant if an emergency arose
at some future time.
Mr. Carroll said he had to dig the street up once
so the initial break -through has been made.
Mr. Stockwell said he did not think the gas company
was entirely to blame for not having service in this
house. It did replace the service at least once, and
it was ripped out by the contractor rebuilding the street.
He said the company never got back to put it in and
whether or not the company was notified when the contractor
finished, he did not know.
1
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331
The Chairman said the Board would take the matter
under advisement and let the company know.
Letter was received from Salvatore Ferraguto, 145
Laconia Street, in which he asked several questions
pertaining to improvement of the street.
Mr. Carroll explained if the Board feels this is an
unusual situation in the fact the Board feels public
necessity and convenience demands that the street be Laconia
constructed, the Board can construct it. He suggested Street
that the Board look at it.
The Chairman reported he and Mr. Cataldo drove over
the street the other day and did not experience any
difficulty. He said if the Board approved, he would
meet with Mr. Gray and Mr. Carroll and compose a reply
to the questions.
Mr. Mabee suggested that it might be better if
someone discussed the subject with Mr. Ferraguto rather
than put anything in writing.
The Chairman asked Mr.Gray and Mr. Carroll to dis-
cuss the mitter with Mr. Ferraguto after which the Board
can decide whether or not a letter is to be written.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the order for the follow- Pole
ing pole locations, Mr. Carroll having approved: locations
Bedford Street, southwesterly
northwest of Glendale
One pole.
(One existing j/o pole
side, approximately 178 feet
Avenue, --
to be removed.)
Marrett Road, northerly side, approximately 20'feet west
of Tricorne Road, --
One pole.
(One existing j/o pole to be removed.)
Marrett Road, northerly side, approximately 350 feet west
of Tricorn° Road, --
One pole.
(One existing j/o pole to be removed.)
Petition was; received for construction of a sewer
main in Blake Road to serve six properties.
Mr. Carroll advised the Board that a formal peti-
tion would be sent out from his office for the abutters'
signatures.
Blake Road
sewer
332
Petitions were received for installation of sewers
in Fulton Road, Cooke Road and Douglas Road, and the
Chairman stated these were preliminary petitions.
Mr. Carroll stated that the Board is committed to
construction of a force main and sewer laterals through
Briarwood 1966 and suggested it will consider putting in a trunk
sewers sewer in the area in 1967 with'laterals in 1968. He
also suggested if there is any chance of pushing it ahead
a year, the Board might consider it. He said he is
planning a trunk sewer in Winter Street, the one from
Emerson Road in the Grove subdividion over to Burlington
Street and the pumping station force main to serve the
Emerson Fprms' area.
The Chairman read a letter from the Planning Board
Castoldi relative to an exchange of land in the Willards Woods'
land area between the Town and John W. Castoldi, Inc.
It was the intention of the Board to execute the
agreement and the Chairman asked Mr. Gray to follow
this through with Town Counsel.
Form letter was received from Commissioner Francis W.
Argent, State Department t of Public Works, relative to funds
to be received byvarious citiesand
towns for
highway
Y
projects The Town's
share, according to the letter,
will be $52,651.29. -There is a provisions whereby not
more than one-third shall be made available for distribu-
tion on or before December 1, 1965; a maximum of not more
than two thirds on -
or before December
1, 1966, and the
entire sum on or before December 1, 1967.
Mr. Carroll recommended that the Board decide now
that money under this. Chapter, 679, be allocated to
complete the construction of Massachusetts Avenue under
Chapter 90. He said he thought he could do the avenue
from Marrett Road to Woburn Street.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to submit the completion of
Massachusetts Avenue as the project to be done with
funds provided under this Act to the State Department
of Public Works for approval.
Petition, signed by Ralph Semon, 92 Bedford Street,
and other residents in the area, for installation of a
Traffic pedestrian signal on the traffic lights at the corner
of Worthen Road and Bedford Street, was referred to the
Traffic Study Committee.
Mr. Carroll submitted a plan and said over at
Anthonyts Restaurant, the new building, Rose Bevilaqua
has access for deliveries off the side of the parking
1
333
lot. There is one space, "No Parking" space, she
would like a fence removed and have access to her build- Delivery
ing. She has no way of getting deliveries now.
Mr. Cataldo asked what Mr. Carroll planned to do
next door and suggested that both of those be taken
care of at the same time.
Mr. Burnell said he did notthink the Board wanted
to cause a hardship to anyone.
It was agreed to authorize Mr. Carroll to work out
a satisfactory solution.
Letter was received from William M. Curran, 61 Cliffe
Avenue, demanding $100 for damages by reason of the taking
of 519 square feet at the corner of Cliffe Avenue and
Melrose Avenue for thepurpose of constructing Melrose Claim
Avenue.
The Chairman suggested that this be held over until
the next meeting of the Board, at which time Town Counsel
would be present.
Chairman Bryson, of the Planning Board, Mr.Kolovson,
Mr. Richard Michelson, Mr. Joseph Trani, Mr. James Stevens,
Mrs. Scharfman and several other persons met with the
Board relative to plans proposed for the revitalization
of Lexington Center.
Mr. Kolovson stated the question is the scheme and,
as the Board may know, the majority opinion of the steer-
ing committee, with one individual voting in the negative,
was for the removal of parking along both sides of Massa-
chusetts Avenue. He said what they are talking about is
not necessarily feasible in 1965 or 1966. He stated when
they started, they were talking about 1975. However, the
committee sees, as soon as possible, banning of parking
on both sides and this may be referred to as scheme B.
He stated he did not want to talk about any particular
scheme and the group was present to give the Board the
recommendations of the committee; they do it not only
for the purpose of improving the traffic flow but also
for other reasons the Board has heard. He stated they
feel pedestrian safety is very important and it would be
very dangerous to have six lanes of traffic going through
the Center. He said removing the parking is better for
automobile safety also. He said they feel this is a plan
not just to improve the economy of Lexington Center but
will permit the people of Lexington to have more pride
imtheir community. He stated the committee feels be-
cause of the aesthetic treatment it can give the avenue,
this will allow it to attract distinctive kinds of busi-
nesses and will permit competition with the Burlington
334
Shopping Center. He said the committee realizes the
Selectmen are faced with the problem of selling the pro-
posal. He said more parking is going to be needed and
there is the question of how the parking will be made.
However, this is not the issue this evening. He
said the committee feels what is important is to provide
the vehicle through which "No Parking" can be sold at Town
Meeting, and one alternative that has been proposed will
be presented this evening. He said at this point he
would call on Mr. Herr, E.D.A. of Boston.
Mr. Herr said he was reminded on his way here tonight
again to not have parking in front of stores is not an
unusual situation. This exists in Boston. There is
a shopping center in Waverly Square without parking in
front of the stores. He said in 1975, Lexington will
have an extraordinary event and the suggestion that this
extraordinary mall be created is a strong first step. It
is mot the whole plan, but this is the first step. He
said he has been working with the steering committee and
vith E.D.A. and has felt along the way that scheme B,
No Parking" on Massachusetts Avenue, although the
aesthetic advantages have been lost, some of the functional
attributes have not been fully brought out.
Mr. Bryson said Mr. Campbell was not present this
evening when this project was discussed at the Planning
Board meeting, but the rest of the Board is in favor of
the approach the Selectmen were going to see now.
Mr.Hideo Sasaki placed, what he called implication
of Scheme B, on the wall.
The Chairman said thedifference between Scheme A
and B is such that nothing that is done now would preclude
the other one as far as utilities goy
Mr. Sasaki said this is not one person's plan but
the view of many individuals. He said it was being sug-
gested at this time that with a relatively modest expendi-
ture they could embark on a new plan for creating an image
of the Center.
Mr. Paul Roberts and Mr. Sasaki discussed the project
at length.
The Chairman read a letter from Peter J. Bertolami,
1715 Massachusetts Avenue, stating after attending the
meeting last Monday evening, concerning the elimination
of on -street parking in Lexington Center, he had certain
questions he would like answered, and listed them in the
letter. The Chairman said he would have a copy made for
Mr. Kolovson and suggested that he answer the questions.
During the discussion Mr. Carroll pointed out possi-
ble difficulty in snow removal operations andActing Chief
Corr discussed traffic.
1
335
The Chairman suggested that the committee meet with
the Acting Chief of Police and Superintendent of Public
Works to iron out the "bugs" seen during this evening's
discussion. He said he thought the Board of Selectmen
would go along to defer construction of Massachusetts
Avenue to give the group an opportunity to explore these
things with the professionals.
Mr. Kolovson said he felt the committee was obli-
gated to come up with a more workable plan.
Mr. Pierce said his group was agreeable to the
Chairman's suggestion, as was the Bard of Selectmen.
Mr. Carroll said it was his recommendation that
the Board continue with the traffic signals proposed
for the Center and the Board agreed.
The group retired at 9:40 P.M.
Chairman Parcish, Messrs. Blaisdell, Noyes, Kenney,
Clarke, Gary and Mrs. Souza, of the Appropriation Committee,
met with the Board. Mr. White, Town Accountant and
Ex -Officio member of the Committee, was also present.
Mr. Parrish said the first item was the salary
schedule that had been discussed, a copy of which had
been given to each member of the Board.
Mr. Clarke said the first question was the decrease
in hours to forty. He said he understood the same rate
would be paid, and the other question was the $290. He Salary
asked if the people would get the step -raise plus the plan
$290.
Mr. Parrish replied the answer is, Yes. This was
to equalize the fire and police.
The Chairman said the police got $290 and then the
fire caught up. This did make an inequity with the
other work force of the Town and this would correct that
inequity.
Mr. Parrish said there was some question as to
whether the Public Works would take the $290 or the
shorter hours.
Mr. Gary asked what the reduction in hours would
mean in overtime.
Mr. Cataldo said the Board has no planned overtime.
Mr. Gary said a man going from forty-four to forty
hours a week, personally he might not end up with much
more than he had before and asked if he would settle for
that.
Mr. Cataldo explained the only time there is awertime
is in the time of an emergency such as a snowstorm or water
break.
The Chairman said the Board plans only for emergency
overtime.
336
Mr.Parrish stated there has been very little overtime
and it is planned for this to continue. He said the
criticism among the members of the committee is that this
is a temporary or one-year policy and does not solve any-
thing as a program. They might go along this year but
would like to see some more permanent solution of the
salary schedule.
The Chairman said take item 4 of the proposed plan,
the creation of Step 7, which is not longevity.
Mr. Gary said it is rewarding a man for working for
the Town ten years.
Mr. Clarke said he did not know how many are already
at maximum Step 6, and at least 90% of them will go into
Step 7. Be asked what the Board would do next year for
repeat.
The Chairman said there is no repeat. This is three
or four years after Step 6 that they get Step 7.
Mr. Parrish said every year, in a sense, the Board
has to look at a salary schedule; the argument being worked
up for a Personnel Committee which would review bach year
rather than h6ve a temporary committee. He said he, per-
sonally, was not in favor.
Mr. Clarke said he could not believe that the com-
mittee had set a rational salary policy for the Town by
picking up $290 because someone got it two years ago and
then add 5%. He said he would like to see a group of
people get together on a voluntary basis and work the
Evans' Report over again and bring it up to date so it
couldbeused as a basis for something to continue. He
said there should be a group to update the Evans' Report
and there should be a genuine merit plan and that every-
one, on satisfactory performance, would not necessarily
get get the same pay increase. He said he did not think
the plan presented this evening solves the problem.
Mr. Cataldo said as far as merit rating is concerned,
the last paragraph would take care of that.
Mr. Clarke asked how often that had been done, and
Mr. Cataldo said the Board would have to enforce it.
Mr. Clarke asked if the general government had as
good a salary policy as the School Committee.
Mr. Cataldo replied that Committee has a thirteen -step
plan and in the Town's plan, the steps are too short; the
maximum is arrived at too fast.
Mr. Clarke said his objection to this was, what is
going to be done for an encore.
Mr. Adams said that would befaced by any committee.
The Chairman asked if Mr. Clarke was opposed to this
for this year, and he replied he was.
The Chairman said Mr. Clarke was objecting to the
extent it does not take care of next year and the year after.
1
1
337
Mr. Clarke replied, in a way. ge said he would like
to see a group of people get together in the Town who could,
he thought in a fairly short period of time, update the
Evans' Report and either continue that or themselves find
some changes and report to the Selectmen.
Mr. Cataldo asked if he meant for this year's budget
and if he felt there was sufficient time.
Mr. Clarke replied in the affirmative. He said if
the Board really wants to do it, it can.
Mr. Cataldo said the school has a twenty-five year
program and they go thirteen steps.
Mr. Calrke said the Board has the basis for this.
He asked what happens when a person arrives at the top
and has been there two or three years.
Mr. Cataldo said the steps are too short.
Mr. Parrish stated that the Committee that devised
this plan - the $290 - is an arbitrary plan that has been
forced on it. He said at some yrar it would have to be
decided the schedules of the Evans' Report were out of date
and then the Board would probably have given a percentage
increase across the board. The police received $290
two years ago and the fire received $290 so the Committee
was forced to make the Evans' Report conform to this.
He said this is, in effect, updating the Evans' Report.
Mr. Clarke said he would like to see something that
would go beyond next Town Meeting.
The Chairman said the reason this has been done at
this time is to give the department heads time to work
up the budget and have them in on time. This gives them
about a month. He said he did not think, in the
;time
allotted, the Board could get the information for any
committee in time. He said he thought now is the time
to start figuring on a Personnel Board, or whatever it
is to be, and come in with something of a concrete nature
for next year's budget.
Mr. Clarke said he would like some assurance that
something is going to be done for succeeding years.
The Chairman asked if this Board, as now constituted,
would give serious consideration to the updating of the
Evans' Report before the next budget season came around,
how Ni. - Clarke would feel.
Mr. Blaisdell said it was back in January before the
Town Meeting this same subject was discussed. It was
discussed in May and it is now October andtoo late. He
asked what assurance there was that this would not occur
again.
The Chairman said out of that has come this plan.
This trio has made determined efforts to get together.
338
Mr.Parrish said they did not get together soon
enough. They did hold a number of meetings and they
did not think, as a committee, this was something they
wanted to do.
Mr. Clarke asked how much money would be involved.
Mr. Gray replied for the $290 there would be about
ninety employees would be eligible, excluding the polide
and fire. He said the police received it and the fire
received it and there are certain jobs rated the same as
police and fire and to bring them back in focus, they
should receive the $290.
Mr. Cataldo said anyone under $6100 would be in
proportion receiving the raise that was given.
Mr. Clarke questioned whether the Selectmen were
in agreement, and the Chairman explained the Board was
reading this plan for the first time this evening. Only
the committee, consisting of Mr. Parrish, Mr. Adams,
himself and then Mr. Gray knew about this before.
Mr. Gray said the $290 for all employees who did
not receive it before, it woad amount to $26,000.
Mr. Cataldo said someone earning $3,000 would
receive a 10% raise.
The Chairman said the plan could be changed to say
up to $290. With thq police, the basic step was
$5810 and this could be 0290 up to $6100.
Mr. Clarke said he would go for a matching deal
and he would go for 5% if there was an agreement that the
cost of living had gone up. He said if the Board decides
that 5% was very equitable, he would not take any stand.
He would like some solid assurance that something will be
done to resurrect the Evans' Report and put it into some
shape so that it could be put into use for another three
or five years.
The Chairman said this was a minimal effort along
that line. He asked if theaAppropriation Committee
would agree to accept this report assuming item 3 was
to read 5% up to $290.
Mrs. Souza asked if the employees with longevity
would have an increase.
The Chairman replied last year theBoard did make
another step.
Mrs. Souza said this would give raises of between
21% to 10%.
The Chairman said Step 7 would be a 5% increase plus
$290, and some people would be receiving both.
Mrs. Souza asked if it was gogood idea for some to
receive a 10% increase and some only 2%.
Mr. Cataldo said this is what happened in the past
and the Board is only trying to correct the situation
that occurred two years ago
cr
a
1
339
The Chairman explained that for a couple of years
this Board tried to keep everything down, but it is
difficult to see one branch of the Town government
rewarding its employees, and the Board thought it was time
it took care of its employees.
Mr. Gary asked if the Board was being fair giving
some a 3% increase and some 10%. He said if the Board
stayed with the Evans' Report and added a step a year,
it would end up with fourteen steps and asked if this
would accomplish what the Board wanted.
The Chairman said if the proposed plan is accepted,
this would call a moratorium and when the job is finally
done, it will implement a lot more than this.
Mr. Noyes said if the Board wants a stop gap, the
best thing is to vote a 5% bonus; once item L. is put in,
it is not a stop gap.
Mr. Parrish said thr $290 upgrades all the Evans'
steps by 5%. What is being done, is not just creating
another step but raising all the levels. He said the
Step 7 was pzt in because people who have been here
the longest were at maximum under the Evans' Report
on the first year and have received only one raise
in four years where the other people were given a
raise each year.
Mr. Noyes said one Board might keep six steps
and increase the dollar amount; once there is a Step
7, it will be for always.
Mr. Cataldo stated unless the Board extends the
step, it will be faced with the problem of someone
wanting more money.
Mr. Noyes said people can't be hired now at the
bottom of the Evans' Report so that level should be
raised up.
The Chairman asked if the Appropriation Committee
would have a serious objection if the Board of Selectmen
voted to use this as a guide for this year.
Mr. Gary said he had minor ones. If this is a
temporary measure, the Board could accomplish the same
thing by granting everyone an increase. He said the
problem was in the Evans' Report very few people started
at Step 1.
Mr. Burnell suggested appointing a committee of
three business men, qualified personnel managers and
two citizens of the Town to update the Evans Report
and establish recommendations. He said he would be
very firm on business men qualified for this type of
work.
The Chairman said the Board's Executive Assistant
has done this type of work as a Town Manager and given
the opportunity, he can do a lot of things.
340
Circle Road
Mr. Clarke said he wanted to hear before November 15
that the Board has agreed among itself that this would
be a continuing thought and it would have a committee to
do this job which would operate through the Board of
Selectmen. He said he thought it should be a continuous.
committee.
Mr. Mabee and Mr. Burnell stated they would not be
opposed to this.
Mr. Clarke asked if his committee could have a date
of who would be on the committee and the date when it
would be appointed. He said he would like October 31
for how the committee would be constituted, and November 15
when it would be appointed.
The Chairman asked, if the Selectmen voted to adopt
this as a guide, would the Appropriation Committee have
any objection.
Mr. Cataldo said he would rather see the Board con-
sider this year going on something like what Mr. Noyes
recommended, a bonus for the two individuals. He said
if the Board picks these two jobs out, it will have
nothing but problems. He said he could not see where
the Town is deriving $14,000. He felt if the Board
selected these two jobs, it would get into trouble. He
asked who was to say the Fire Chief is not doing a
terric job and he pointed out he was not talking per-
sonalities. He said theTown of Lexington at this time
is not getting $14,000 value.
Nr. White, Town Accountant, left the meeting.
Upon motion duly made andseconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public,
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion relative to the Accounting
Department, it was voted to resume the open meeting.
The Chairman read a letter from Buse Realty Trust
stating it is in the process of securing a bond for con-
struction of Circle Road and as soon as arrangements
have been completed, would notify the Board.
The Chairman read a letter from Stefan Vogel,
17 Barnes Place, complaining about noise from teen-age
Complaint dances held in the Follen Church.
It was agreed to suggest that Mr. Vogel discuss the
subject with the Minister of the church and contact the
School Committee to find out whether or not a school
building could be made available for this type of enter-
tainment.
1
341
The Chairman read a letter from A. D. Storch,
Elizabeth, New Jersey, reporting that in a recent visit
there was a young man acting as a guide, dressed in a
sport jacket and slacks, who gave a most disrespectvul Guide
and asinine lecture, poked fun at Paul Revere, and
described the entire affair in a ridiculing manner.
Mr. Burnell said the Board has to do something
about the guides. He said the Board has to have a com-
mittee or organization such as the Chamber of Commerce
that will be responsible for these guides.
The Chairman said something would be done about
it before the next guide season starts, and the Board
should appoint one individual in a position so he can
supervise, train and keep track of these guides.
Request was received from Oames E. Collins, Director
of the Board of Public Welfare, for $3,000 for General
Welfare.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $3,000 from the Reserve Fund to the Public Welfare
Department General Relief Account.
Upon motion duly made and seconded, it was voted
to grant a Common Victualler license to Daniel C. Martinez,
L1. MacIntosh Road, Bedford, who will operate a food con- License
cession at the Hayden Recreation Center Skating Rink.
Upon motion duly made and seconded, it was voted Taxi
to grant a Taxi Driver license to Hugh J. Larkin, 27 license
Highland Street, Rockland, Massachusetts.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a Liquor Purchase
Identification Card for Brian A. Walsh, 47 Baskin Road,
satisfactory evidence of his birth date having been
received.
Transfer
I.D. Card
Application for the use of Estabrook Hall was
received from Mr. R. L. McQuillan, Chairman of the Board
of Health, for permission to conduct a meeting for a Use of
Senior Citizen Council which, according to the appli- hall
cation, would not be open to the public.
Because the will of the donor of Cary Memorial
Building has particular reference to meetings being
open to the public, it was agreed to so inform Mr.
McQuillan and suggest that he resubmit his appli-
cat ion.
342
Use of
hall
Paper Drive
Minutes
Upon motion duly made and seconded, it was voted
to grant thefollowing uses of Cary Memorial Hall to
the Cary Lecture Committee, free of charge, but subject
to overtime fee of $3.46 per hour for the custodiand%
Friday, November 5, 1965
Friday, December 10, 1965
Saturday, December 11, 1965
Friday, March 25, 196
7:15 P.M.
6:00 P.M.
6:00 P.M.
7:15 P.M.
Letter from the Capital Expenditures Committee, re-
garding estimate of capital proposals for the next five
years, was referred to Mr. Gray.
Request was received from Thomas F. Ryan, on behalf
of the Sacred Heart Church and St. Brigid's Church, for
permission to conduct a paper drive on Sunday, October 24,
1965.
Reverend Harold T. Handley, of the Episcopal Church,
had telephoned the Selectmen's Office and stated his
church had agreed to hold a paper drive on October 31
and not on October 24 as previously planned, so there
would be no conflict.
The Board had no objection to the Sacred Heart Church
and St. Brigid's Church holding a paper drive on October
24.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on October 4, 1965.
Upon :r:otijn duly made and seconded, it was voted
to adjourn at 11:20 P.M.
A true record, Attest%
1
343
SELECT MEN'S MEETING
October 18, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, October 18, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
were present. Nr. 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 for permission to locate one
pole, guy wire and anchor on Hartwell Road.
Notices of the hearing were mailed tothe peti-
tioner, owners of property listed on the petitioner's Pole
plan and also filed with the Superintendent of Public location
Works.
No one was present at the hearing in favor or
in opposition.
Mr. Serverson, representing the petitioner, ex-
plained the proposed location by use of a plan.
Mr. Carroll had no objection.
Upon motion duly made andseconded, the hearing
was declared closed and it was further voted to grant
the petition and sign the order for the following
pole location:
Hartwell Avenue, northeasterly side, at
Maguire Road, --
One pole, guy wire and anchor.
Mr. Serverson retired.
Mr. Gray submitted a bill in the amount of $275.58
received from C. Harry Erickson for architectural ser-
vices covering supervision of thework on the Public Architect'f
Facilities & Information Building. bill
Upon motion duly made and seconded, it was voted
to authorize payment of Mr. C. Harry Erickaon's bill
in the amount of $275.58.
Mr. Gray submitted a Certificate for Payment, in
the amount of $6,441.95 on project No. 6408, Public Cert. of
Facilities and Information Building, contractor Payment
F. Chaivarini Construction Company, Inc.
344
Traffic
Sidewalk
bid
Trees from
Route 2
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign the Certificate, as
submitted, for the Town of Lexington.
Mr. Gray reported receipt of a letter from Mrs.
Graham R. Easson, 198 Bedford Stre•t, asking that
the Board discuss the blind crossing at 240 Bedford
Street.
Upon motion duly made and seconded, it was voted
to refer the communication to the Traffic Study Com-
mittee.
Mr. Gray referred to letter received last week
from Salvatore Ferraguto, 145 Laconia Street, listing
several questions pertaining to improvements of the
street. He reported he talked with Mr. Ferraguto and
also took a ride over Laconia Street.. In reply to some
questions, Mr. Gray advised Mr. Ferraguto that he should
probably refer them to his attorney.
Mr. Legro advised th6t Mr. Ferraguto should refer
all the questions to his attorney.
Mr. Carroll reported on bids taken for
construction.
Upon motion duly made and seconded, it
to award the contract to Bernard J. Lazaro,
low bidder, for $19,875.
Mr. Carroll reported that xoute 2 construction bids
were taken a few weeks ago and DiMatteo was the low
bidder. Last week Robert Mead, who owns Mead Bros.
Tree Company, came in. He is bidding as a subcontractor
on the removal of the trees on the job. Mr. Mead told
him there is a fantastic number of trees that have to
be removed. The State specifications say they can't be
burned because of the fact Lexington is just one town
removed from the Metropolitan Air Pollution District. He
either has to get them off or chip them on the site. He
has talked to some owner of private property in Lexington
asking for permission to burn the trees and told Mr.
Carroll he had permission from Chief Belcastro. Mr.
Carroll said the problem is what is to be done about
large tree trunks and trees that will be brought up
to the dump.
The Chairman said they would not be burned.
Mr. Carroll said this is the question he wants to
ask the Board, whether they are tobe burned in the
dump or not. The trees do come from Lexington.
Mr. Cataldo asked if the Town was legally bound to
supply a place to dump these.
sidewalk
was voted
Inc . , the
1
Mr. Legro replied not that he knew of. He explained
the Board maintains a dump for the convenience of the
citizens of Lexington and bars people from other towns.
Mr. Carroll stated someone other than Mead may get
this contract snd want to take all the trees to the dump.
The small material can be burned. He said there will be
thousands of trees.
Mr. Mabee said he could not see where there is any
action to be taken. DiMatteo must have taken care of
this in his bid.
Mr. Carroll said his recommendation to the Board
would be to refuse and negotiate from there.
Upon motion duly made and seconded, it was voted
to refuse permission to dump trees taken down in con-
nection with the construction of Route 2 in the Sani-
tary Land Fill area on Hartwell Avenue.
The Chairman said for some time the Town has had
a problem. The Town has grown so fast anc the account-
ing job has become so great the Board has to find some
way to make things work. He stated the feeling of the
Board of Selectmen and the Appropriation Committee is
that there should be an article in the warrant and proper
legislation started to have a comptroller as part of the
Town government. Mr. White, the Town Accountant, work-
ing very diligently, is aware that the Board has been
advertising for a town accountant and he has agreed to
work with whoever is hired. He said ifthe Board goes
to a comptroller, it will need someone other than Mr.
White for this job and he is agreeable. He said the
Board has been advertising and to date has had no
results because it has not been able to advertise for
a comptroller.
Mr. Sheldon asked if anything had been done about
going through agencies. He said he thought a good man
goes via employment agencies.
Mr. Gray said he advertised in the City Managers'
Newsletter, Replacement Bureau of Northeastern and Boston
University.
Mr. Sheldon said he would give Mr. Gray the name of
two good agencies. If a man is hired, an obligation is
incurred but the list will not cost anything. He said
if he wanted to hire a man, the last thing he would do
would be to ptt an ad in the paper because high-grade
people don't look in newspapers for jobs; they go through
high-grade agencies. He asked if the Board would rather
have a top man without municipal background, or a second-
rate man with excellent municipal background.
345
Town Ac-
countant
(Comptroller
346
Mr. Burnell said there is the question of salary.
The Chairman stated the Board can't pay the first
three months next year any more than it has paid the
last three months of this year.
Mr. Mabee said an adjustment can always be made
for at least nine months.
Mr. Burnell said ift he Board is going to hire the
man it wants, he is going to be a comptroller and the
charter has to be changed. He said the Board should
start at the beginning and take care of this first.
He said the Board could get the man it wants and will
have to pay the going price, which is certainly more
than $8,000.
Mr. Sheldon mentioned the possibility of hiring a
man as comptroller without the title, with the under-
standing that he would be a comptroller.
Mr. Burnell said this has to be taken to Town
Meeting.
Mr. Cataldo said if the Board can get the man it
wants, and give him what he wants, he did not think it
would make any difference what the Board calls him.
Mr. Cataldo said the Board should go to the legis-
lature right away, but it should not wait to hire a man,
and if the Board was able to get a good man, he did not
think the individual would care what the Board calls him.
The Chairman seriously doubted if he could succeed
in getting the required legislation through this session
but said he would make every effort.
Mr. Cataldo said he thought the Board should let the
Chairman take care of this.
The Chairman read Chapter 57 of the Acts of 1965 -
An Act establishing the office of comptroller in the
Town of Winchester.
Mr. M^bee asked what the difference was between this
and what the Town now has.
Mr. Legro advised it has control of many of the Boards.
Mr. Blaisdell, of the Appropriation Committee, said
this would interfere very definitely with the School De-
partment and he thought possibly it should be discussed
with the School Committee or at lest called to its
attention. He said the School Department spends over
half the money. It is doing bookkeeping there and it is
being duplicated here.
Mr. Mabee asked if this made sense and ifkMr. Blaisdell
agreed with the specific wording.
Mr. Blaisdell replied as far as he was concerned, yes.
Mr. Mabee suggested that, before the Chairman does
anything, perhaps the Board should talk to other people
involved who will be affected by this.
The Chairman stated if the Board wastes time - he
thought this Act made a lot of sense and just what is needed.
1
1
Mr. Mabee asked if the Board would have a better
chance putting this through by getting everyone involved
now.
The Chairman said he would have a copy of the Act
made up and sent to the School Committee and tell the
committee he intends to file this Act, and he would proceed
to file it.
It was agreed that the Chairman would send a copy of
the Act to the School Committee and at the same time, file
a copy of the bill.
Mr. Mabee asked what about the idea of a comptroller.
The Chairman said he would entertain a motion from
any member of the Board that the Town create the position
of comptroller and when the position is created shall hire
someone to fill the position. It shall be substantially
as the Act read this evening, a copy of which shall be on
file, and until the Act is passed and the position
created, an individual shall be hired to perform substan-
tially the same duties as a comptroller.
Upon motion duly made and seconded, it was voted
to create the position of comptroller.
Mr. Legro advised that if this bill is passed before
Town Meeting, the Board has an Act which can be accepted.
If it is delayed, the Board may want to have something in
the warrant for the Annual Town Meeting, a vote of the
Town to validate the action of the Town Meeting.
Mr. Douglas T. Ross, 33 Dawes Road, met with the
Board and said he did not know if the Board would like
a summary of the memo he sent in a year ago relative to
an even exchange of land. He said mh.en he first looked
for land in Lexington, there was a lot at the end of Hawes
Road which had a hill on it. Mr. Couette had been holding
that lot for five years with a view toward finding a builder
to bulldoze and make three house lots. Before he went to
see Mr. Couette, he checked with the D'Arrigos and Hunts
and found that they would be interested in realigning land
in back of their properties. He arranced to add almost
an acre to his lot. He tried to adjust the land but
Mr. Couette was then in the medium of negotiations and
the sale went through as it was. Later he reopened the
question, and the Town working with Attorneys for the
Tower estate arranged to purchase the remaining parcel.
At the time, he inquired about rearranging the lino when
the Town purchased the land so he could purchase the land
from him. The Town was having the land surveyed and it
sas suggested that this be done as an exchange later. He
said the land exchange had the verbal approval of Mr. Snow,
then Planning Director, but there were some questions at
that time whether it would leave sufficient access to the
347
348
Town land. He resubmitted this after the Town sewer went
through. He said he believed the question of the Board
was a difference in value between the two portions of land
and Mr. Gray asked him what price he was willing to pay.
He said he had no idea and decided to wait until later.
He said he would like to pursue further what, if any,
monetary exchange would be appropriate, as he is still
interested.
The Chairman said Mr. Ross did offer an even land
exchange originally and asked if he was prepared at this
time to make an offer, a certain amount of cash.
Mr. Ross replied originally he thought the land would
be the same use and he would not build on it as it is not
a building parcel of land. He did notice in the paper
when the Conservation Commission purchased land, prime
land was valued at $3,000 an acre and unbuildable land was
$800 or $900 different. The amount he is talking about is
one fifth of an acre and his feeling was it might be appropri-
ate that if the Board took one fifth of the going rate for the
prime land and bad land, it would be acceptable; $100 or $150.
He submitted a plan and said he would be willing to consider
something less than $200 which he would pay for the exchange.
The Chairman asked if the Planning Board had any ob-
jection last year when this was brought up and Mr. Cataldo
replied in the negative.
The Chairman said the Board would make a further check
with the Planning Board to see if it has any objection at
this time, and for the moment the Board would take the
subject under advisement and Mr. Ross would hear from it
later.
The Chairman asked Mr. Gray to obtain the Planning
Boardts opinion in writing and asked Mr. Ross to submit
a formal offer to the Board.
Mr. Ross retired at 8:31 P.M.
Mr. Aiden L. Ripley and Mr. Wilbur Jaquith met with
.#572 Massa- the Board with further reference to the house at 572
chusetts Massachusetts Avenue.
Avenue Mr. Ripley stated he had a rough outline, in the form
of a lease, he would like to present to the Board.
Mr.Jaquith presented a copy to Mr.Legro, Town Counsel,
and also to the members of the Boar,:. The Board and Town
Counsel took the time to read the outline entitled "#572
Massachusetts Avenue. Memorandum On Proposed Lease Of
Premises to Mr. McGirr For Renovation And Occupahcy".
Mr. Jaquith explained this is an attempt to set forth
possible terms of a lea -e, if there is going to be one, for
bhetpurpose of discussion and for advice from Town Counsel
as to how far the Board can ga. He said he would admit
1
1
to being the author of the draft which tries to protect the
Town as well as Iver. McGirr.
Mr. Sheldon said he thought it was important to know
whether the proposed tenant had seen this and if he is
agreeable to such a document.
Mr. Ripley stated Mr. McGirr had read this and he is
substantially ready, in agreement on everything in this
lease. He did say he realized this is a rough draft and
has to have more work done on it. He was not asked to
sign anything but thought itcould be brought into shape
where he would sign it.
Mr. Sheldon asked if Mr. McGirr realized fully that
it includes items that could force him out in six months.;
a) if the road went in and b) if the Town wanted the
property.
Mr. Ripley said Mr. McGirr is the only person inter-
ested who has an advantage like he has because he has land
onto which he could move the house and the minute the road
was built, he would havefrontage on Emerson Road.
The Chairman explained what disturbed him was when
this st rted he understood the house would be moved out of
there. Now the Board is in the position where the house
will be moved on condition of finishing Emerson Road. He
said Town Counsel has only had time to give this a cursory
glance.
Mr. Legro said he had no comment to make at this
point.
Mr. Cataldo asked how much Mr. Ripley was talking
about for land.
Mr. Ripley replied he talked to Mr. Cronin this
morning and he said the best thing he could do was to
take another similar piece of property nearby and cited
the house that did belong to Wilson, the grey house
with white trim located at the corner of rleaseant Street.
The taxes are $600 today. He asked Mr. Cronin if he
thought, considering the difference in the property, etc.,
a fair guess would be something like $100 and he thought
it would probably be in that neighborhood.
The Chairman said before the Board would take any
action on this, it would want some comment from Town
Counsel and would like Town Counsel to have time to look
at it.
Mr. Sheldon said the Board ha: to know two things.
Mr. McGirr has to be willing to accept it and Town Counsel
has to advise the Board it can be done.
Mr. Legro advised that the Board should decide whether
it wants to do it before any substantial amount of work
is ddne on this.
Mr. Sheldon said the Board needs to know if this, or
something similar to it, can be done. He said he, for one,
would like to pursue this.
349
350
Mr. Cataldo asked if Mr. Ripley had given up on
moving the house.
Nr. Ripley replied he has not tried to work in
more than one direction at one time.
Mr. Cataldo asked if this was Mr. Ripley's last
approach, and he replied he was not sure. He said he
could see no harm in the house remaining where it is
until Town Meeting.
Mr. Jaquith polinted out the fact to make this lease
final would require about twenty;::. hours of work.
Mr. Mabee stated if Mr. McGirr does not agree to
the substance of this lease, it seemed to him the Board
is wasting its time.
Mr. Cataldo said he couldnot see putting the Town
in this position. He said if the house is to be moved
once and for all, that was different. He felt the Board
would be leaving the Town open to leasing other properties
for the betterment of other properties in question. He
said he could not see Town Counsel being required to spend
twenty or thirty hours on this and there should be a concrete
proposal which either Mr. McGirr accepts or does not accept.
Mr. Mabee agreed, and said the legal expense should be
borne by the man who is going to lease the house andthe
Board should determine the amount of the cost. He said
it would take hours to draw this up because it is something
the Town has never had to do before. The easiest way
would be to sell the house or tear it down.
Mr. Legro said very often he is asked to prepare
instruments but he always refuses because he can't be
paid for anything thathe does for the Town by anyone
else.
The Chairman asked if the Board would go along
with the lease if Town Counsel found the whole thing
to be feasible.
Mr. Legro asked if the Board was asking if this
could be done or if it is feasible.
The Chairman replied, can it be done and if it is
feasib36.
Mr. Jaquith said he wouod not want to spend twenty
or ten hours.
The Chairman asked how much time Mr. Legro would
have to spend, and he replied he had no idea.
Mr. Jaquith informed theBoard he had spent five
hours on the draft.
Mr. Cataldo asked Mr. Jaquith what was being done
on the extension of the Historic Districts.
Mr. Jaquith replied the committee would be ready
for the Town Meeting.
Messrs. Ripley and Jaquith retired at 9:05 P.M.
1
Mr. Burnell said he would like th tell the Board
the Traffic Study Committee is meeting once a week.
Fridays, at 11:00. As a result of this Friday's meeting,
the ComAttee has several ideas that will come before
the Board for it to vote on. The Committee would
like the Board 's opinion on the parking area between
Muzzey Street and Waltham Street which is one-way out
into Muzzey Street. He said it seems obvious that this
should be two ways from Muzzey Street and this is what
the committee proposes. It would mean relining the
parking areas on both sides of the exit, but this would
not be very costly. He said if the Board approved, the
committee will go ahead with a letter to the State.
Mr.Sheldon asked if the committee was unaimously
in favor and Mr. Burnell replied in the affirmative.
Upon motion duly made and seconded, it was voted
to concur with the committee.
351
Traffic
Upon motion duly made and seconded, it was voted
to grant a Common Victualler license to Arthur M. Zeitler, Comm. Viet
145 Audubon Road, Milton, now the owner of the Village license
Variety Store at 93 Massachusett- Avenue.
Mr. William M. Curran's letters, requesting $100 for
taking of 519 square feet at the corner of Cliffe Avenue
and Melrose Avenue, was held over.
Mr. Legro asked for a copy of the letter and said
he would see that the necessary release is obtained.
The Chairman read a letter from Alvin Fiering,
66 Munroe Road,registering complaint in regard to the
sewer and drain easement through his property. Fiering
Mr. Carroll said his feeling is the Town has im- complaint
proved the property substantially and should do nothing
more. He said he looked at it today. He said a taking
had been made and he thought this should be referred to
Town Counsel. He said he looked at the property, it came
out very well, and he does not think the Town should spend
any more money on it.
It was agreed to advise Mr. Fiering that in the
opinion of the Board, the property hes been left in an
improved condition and it does not intend to do anything
further.
The Chairman read a letter from Sam G. Countanis,
written on behalf of Dr. and Mrs. Varant Hagopian, 3
Bryant Road, requesting permission to connect a drain
into the Town catch basin.
Drain
352
Mr. Carroll said he checked this today and Dr.
Hagopian should give the Town a plan, made by an engi-
neer, showing the location and details of the drain
connection.
The Chairman said he would advise N. Gountanis
that a plan, as requested by Mr. Caroli, should be
submitted.
Further consideration was given to request from
Mystic Valley Gas Company's request to open Massa-
chusetts Avenue to serve the building at #465.
Gas Mr. Cataldo recalled the time tie company requested
company permission to open Blake Road and said the Board at that
time did grant permission with the understanding this
situation, of opening a newly constructed street, would
meter happen again. He said if it meant a loss of $3,000
or $4,000, he would look on this differently, but the most
involved is $300 and he could not see opening the street.
Mr. Burnell said it seemed to him it was going to be
difficult to:"'enforce the rule the Board made.
Mr. Carroll pointed out, with reference to Blake
Road, that the company knew of this well in advance.
Upon motion duly made and seconded, it was voted
that the request be denied.
Upon motion duly made and seconded, it waa voted
Use of hall to grant the Board of Health permission to use Estabrook
Hall on October 28, 1965 for an open meeting of the
Senior Citizens' Council.
Licenses
Minutes
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Frederick M. Muller, Jr.
29 Anna Road, Woburn, satisfactory character reference
having been received from Chief Corr.
Upon moticn duly made and seconded, it was voted
to grant a Taxi Driver license to William S. Reilly,
905 Main Street, Woburn, satisfactory character reference
having been received from Chief Corr.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on October 11, 1965.
Mr. James A. Ingalls, 1 Burnham Road, William L.
Nelson and Mrs. Wein, 6 Burnham Road, met with the Board.
Mr. Ingalls saidhe would like to set forth their
case from the point of view of background and recommendation.
He said he also had two residents of Burnham Road, Mrs.
Wein and Mr. Nelson. He said on April 26, 1965, Mr. Nelson,
1
1
353
Mr. Samuels and he attended a meeting which set forth
the situation that exists there; a pumping station and
gravity sewer amounting to about $100,000. He also
referred to the minutes ofMay 10, 1965 and a statement
made by Mr. Sheldon, had the TGwn had a ruling that
clay is not an acceptable soil for this type of system,
the problem of Burnham Fanms would not exist. He then
referred to the minutes of the meeting on September 13,
1965, at which time Mr. Carroll recommended that the
Board consider putting in the trunk sewer and force main
in these areas and tell the people they would have to wait
until 1967 for the laterals. Also in these minutes, Mr.
Carroll referred ,tothe installation of sewer to serve
Burnham Farms and The Adams Estates' area and reported
the cost for putting in a pumping station, force main and
trunk sewer would be around $140,000; to serve the Burnham
Harms and Adams Estates' areas with laterals would be
approximately $400,000 taking every street in the area.
Hesaid that was so much for the background. The sug-
gestion they are setting forth at the present time is the
force main and trunk sewer is a cost of $140,000. He
said there does exist in the Burnham Farm and Adams Estate
areas a condition different than Burnham Road and Brown
Road. In the former, there is a soil situation that is
different than Burnham Farms. Burnham Farms has clay.
Burnham Road and Brown Road have a serious problem. He
has contacted about 65 or 70 people. About 50 have
signed a petition expressing their interest. The reason
for the survey was to determine how serious the situation
is. The people are apprehensive in general. He said in
the Burnham Road and Brown Road areas, the situation is bad
because of the clay which was brought out by Mr. Sheldon in
his statement of the meeting of May 10. He said he would
like to say, as a recommendation, that there be something
done relative to the matter of installing laterals in the
Burnham Road and Brown Road areas in 1966. He stated
there are approximately one dozen homes in Burnham Road
and Brown Road areas, and, hardly without an exception,
these people live in very limited and stringent conditions.
He said he would submit to the Board that it consider
installing laterals in these two specific roads during
the year 1966.
Mr. Nelson stated he is the only home owner on
Burnham Road with two leach beds. His leach bed will
come off the septic and go the other way. He said he
would take the clay out andbring in gravel, but then he
can't leach any more. He said there are dogs running
through the sewage. He has been there for eight years, is
not gegging, and will pay for this. He said they cannot
leach Burnham Road and Brown Road, but were not trying to
354
give anyone a difficult time. He said he has three
baths and takes showers. The people are getting incensed.
Mrs. Wein referred to her downstairs bathroom and
said her child sleeps downstairs. If someone uses the
bathroom upstairs, he comes up and tells her, it's up.
When the ground thaws, she can't wash clothes and the
children cannot shower as eften as she would like them
to.
The Chairman said he knew Mr. Nelson was familiar
with municipal problems.
Mr. Nelson said they were just asking.
The Chairman stated there are many areas in the same
position. He pointed out thereis another area just as
long on systems as these people and they are not even
going to get the trunk sewer this year. He explained
the funds are limited and the Board has to work within
the amount it has available for these things. He said
the Board had tentatively stated it would consider the
trunk sewer for this year's budget and the laterals the
following year. However, if the Board wanted to change
its position, that was up to the Board. He said the
Board sympathized with these people and their problems,
but it has to sympathize with many people.
Mr. Nelson said Burnham Farms was built in three
sections. One section is eight years old and the other
two maybe half that. He asked if there was any way
section one could come onto the pumping station first.
Mr. Carroll stated the chances are it would be
almost impossible to put the laterals in next year.
Mr. Ingalls said this is something that might be
determined, and that is the cost of the laterals. He
asked what the cost would install one dozen laterals
to serve Burnham Woad and Brown Road. He asked what it
mould cost to install one dozen laterals in Burnham Road
and Brown Road in 1966. He said he would think it would
not cost more than about $25,000 or so.
The Chairman said the question of cost is mute.
Mr. Carroll stated the word lateral means the sewer
main that runs up the middle of the street. They are
talking a pumping station, force main and trunk sewer.
He explained the sewer is not even onto the street for
that money. The $4.00,000 referred to the sewer leterals
that will run up the various streets in the area.
Mr. Ingalls asked what it would cost to have Burnham
Road and Brown Road done.
Mr. Carroll stated that is not the issue. In terms
of actual time --this year he had contracts for sewer mains,
or laterals, whichever they wanted to call them for
$200,000. The engineering work was done before Town
Meeting. Shortly after Town Meeting, contracts were
awarded. One cont actor is through and the other won't
1
355
be through until next spring. He said next year if he
has $250,000 for trunks and $250,000 for mains up the
streets, it is very unlikely the work will be completed.
He said if the money were available, they would probably
have to wait until 1967 anyway.
The Chairman said Burnham Farms in toto would not
get sewers all in one year. He explained $250,000 is
set up for trunk sewers and $250,000 for laterals to keep
the system expanding. He explained the Board obtains
recommendations from the Board of Health and Superintendent
of Public Works and considers all the areas in light of the
problem and in light of time the development has been in
existence.
Mr. Ingalls, with reference tothe statement in the
minutes of April "tell the people they will have to wait
until 1967 for the laterals", said apparently "people"
was not to be construed all the people in the Burnham
Farm and Adams Estates' areas.
The Chairman said it means the people in most need.
Mr. Nelson asked if the pumping station could be
used immediately after it was put in.
Mr. Carroll explained that this whole area will
come down to a point near Vine Brook, and this pumping
station will have to pump into the gravity system.
Then there is the skeleton over which the rest of the
body of the system can be built.
Mr. Nelson asked if they have the pumping station,
then if the Town wants to connect a certain area, could
this be done.
Mr. Carroll replied there is a pumping station, force
main and pumping station. Then a line could be run the
following year.
Mr. Nelson said they would not have to wait for
fifteen or twenty years and Mr. Carroll said they would
not.
The Chairman said some parts of the Burnham Farms
would get laterals in the following year, but not all of
them.
Mr. Nelson stated he was trying to get some idea
and he knew what Town Meetings can do. Be would just
like to know they are going to get something.
The Chairman said he believed Mr. Carroll had ex-
plained this to Mr. Ingalls.
Mr. Ingalls stated Mr. Carroll did inform him
but he said he would like to bring it up here. He
said the Board feels 1966 is quite improbable. He
said he would put it this wey, Burnham Road and Brown
Road would get priority treatment.
�u
Executive
Session
The Chairman said the Board takes all the areas
in Town and considers the problems, how bad the problem
is, and the length of time the development has been in
existence.
Mr. Carroll said if the Board does construct the
force main and pumping station in the area, it would
be inclined to put the laterals in the area eh&follow-
ing year. Once the trunk sewer is in the area, the
possibility of getting the sewer is greater.
Mrs. Wein asked if the Board thought this would
come into effect in 1967.
Mr. Carroll said he would say yes.
The Chairman said he believed this was the same
assurance Mr.Uarroll gave Mr. Ingalls over thetelephone.
Mr. Ingalls said he still thought his case of taking
a certain amount out in 1966 was a good one. He said
he thought the matter of putting effort into that area
of servicing a dozen or so homes in Burnham and Brown
Roads has merit and it is at that point thathe and Mr.
Carroll disagree.
The group retired at 9:58 P.M.
Upon motion duiy 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 a legal nature with Town
Counsel, it was voted to resume the open meeting.
Messrs.Legro and Carroll retired at 10:18 P.M.
Mr. Gray and Miss Murray left the meeting at 10:30 P.M.
A true record, Attest:
co
C
1
SELECTMEN tS MEETING
October 25, 1965
A regular meeting of the Board of Selectmen was
held in the Selectments Room, Town Office Building, on
Monday, October 25, 1965. Chairman Cole, Messrs. Burnell,
Cataldo, Sheldon and Mabee were present. The Chairman
called the meeting to order at 7:30 P.M. and declared a
recessz The Board met at 7:38 P.M. Mr. Legro, Town
Counsel, Mr. .Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present.
Mr.Gray stated several weeks ago, he had some bids
on tax title property. He contacted the abutting owners
and gave them until today to let the Board know if they
were interested in acquiring the property. He said it
seems most of the abutters are interested so he now has
more people interested than those who originally asked
for them.
The Chairman said if there is more than one person
he would suggest that the Board put the lots out for bid.
Mr. Gray said the individual who made the original
bid is interested, in some cases one of the abutters and
in others both abutters are interested.
It was agreed to authorize Mr. Gray to advertise for
bids
357
Tax title
Mr. Gray suggested that the Board write the Civil
Service Department and request that an examination be
held for the position of Lieutenant and also an exami- Lieutenant
nation for the position of Sergeant. & Sergeant
The Chairman asked if the Board created a position exam
not now in existence would an examination have to be
held, and Mr. Gray replied in the affirmative.
The Chairman st=:ted in trying to build up this
Police Department, it should have a Chief, one Captain
and two Lieutenants.
Mr. Gray stated his suggestion would not interfere
with this.
The Chairman said he thought this whole problem has
to be approached in toto. The Board should decide at
this time if it wants to create another position and then
it could request the examinations.
Mr. Sheldon stated the decision before the Board
this evening is for this specific examination which will
358
not affect the position the Chairman was speaking of.
The Chairman asked which examination was being re-
quested now.
Mr. Gray replied one for Lieutenant and one for
Sergeant.
Upon motion duly made and seconded, it was voted
to request the Division of Civil Service to hold an
examination for the position of Sergeant in the Police
Department.
The Chairman said he hoped the Board would give some
thought to the creation of a new position of Captain in
the Police Department .
Mr. Legro reported he had a deed from the Town to
the Trustees of The 1775 Realty Trust for Parcel A, Depot
Deed Square. He said he would hold it for a few days until
1775 Realty he received two releases from the owners.
Trust Upon motion duly made and seconded, it was voted
to execute the deed subject to the conditions being met
to Mr. Legro's satisfaction.
Mr. Carroll reported on bids taken October 6, 1965
for a shovel. Three bids were received, as follows:
BNS. Equipment Company, $20,900 net;
Perkins Machinery, $21,700 net;
International Harvester Company, $22,900 net.
He stated all machines had been examined and all
three machines were demonstrated together. He said in
his opinion, the best purchase for the Town would be the
955-H Caterpillar from the Perkins Machinery Company.
The Chairman asked if all three bids met the speci-
fications.
Mr. Carroll replied the one that came closest to
meeting the specifications was the company he recommended.
Upon motion duly made andseconded, it was voted
to accept the net bid of $21,700 submitted by the Perkins
Machinery Company.
Mr. Carroll informed the Board that some easements
had to be taken, one of which is between Melrose Avenue
Melrose and Cummings Avenue. He submitted a plan and indicated
Avenue the location of the proposed easement and said he would
easement like the Board to authorize Town Counsel to prepare an
instrument to take this easement which is in conjunction
with constructing Melrose Avenue.
Upon motion duly made and seconded, it was voted
to authorize Town Counsel to prepare the instrument neces-
sary to make the taking.
359
Mr. Carroll said an easement on Churchill Lane is
also needed for sewer construction this year. He sub- Churchill
mitted a plan and indicated the location of the proposed Lane Ease -
easement and reported he has worked with the three people ments
involved who are all willing to grant easements to the
Town at no expense to the Town. He explained all three
people understand they will have to pay a sewer betterment.
Upon motion duly made and seconded, it was voted
to authorize Town Counsel to prepare the instruments
necessary to make the taking.
Mn. Carroll said something came up today. John
Costello, a police officer, wants tommove a garage from
918 Waltham Street to his property. He has been told Permit
by the State he can buy it back. Mr. Carroll said he
could see no problem at all as it is a fairly small garage
and he recommended the Board's approval.
Upon motion duly made and seconded, it was voted
to grant permission to Officer John Costello to move
the garage to his property.
Mr. Carroll reported he met with George Kolovson
and his group and Chief Corr. Basically, he and Chief
Corr agree th&.t if the Board decides it wants to go along
with "No Parking" on Massachusetts Avenue, he and the
Chief would be reasonably happy with a cross section on
`the street. He explained there would be two 11 -foot
lanes in the Center. On the outside would be two more
11 -foot lanes and toward the curb there would be additional
6 -foot lanes. He said only the center lane mnd the first
two 11 -foot lanes would be painted. This would permit
traffic to stop in case of an emergency. He explained the
total width of the street would be 56 feet. He said this would
be a compromise on both sides as the group would have to
give up a little of the sidewalk it is talking about. He
stated this is assuming the BoEe decides it does not want
parking on the avenue. He reported the problem of snow
removal was discussed but no final decision was made.
He suggested in order to determine whether the spaces
now along the avenue are or are not servingga purpose
that the Board use the League of Women Voters, divide
the Center in sections, number the parking spaces and
have a count made of the turnover in spaces and find out
where the people are going.
Mr. Gray said this is the only way the Board can
have some concrete evidence as touwhether these spaces
are needed.
Mr. Sheldon said the proposal would be to survey from
the Edison Building through to the park or just the area
under discussion.
Mr. Cataldo replied their eventual plan is to do
away with parking on Massachusetts Avenue, and once the
Board starts, it is committing the Town to this concept.
He said he thought something should be done. These
people have dome in with a recommendation to do away
with the parking but have nothing to support it. He
said he did not think the Town should have to go out there
and do it. He mentioned that $13,000 of the Town's money
has been spent and the Board has not been told anything,
no concrete evidence has been presented.
Mr. Sheldon said he felt the Chamber of Commerce owes
the Board some information and it should have a statement
of yes, no, or perhaps from every merchant. He said the
League has a represen'ative at the meeting and perhaps she
could present this to the Leaguei.
Mrs. Lieb, the League's representative, said she would
convey this information to the League of Women Voters.
The Chairman said if he were going to do this, he would
choose a Friday evening and a Saturday.
Mr. Cataldo said the Board should lay down the ground
rules because it is the Board who is responsible for it.
He pointed out that these people neve' contacted the Chief,
of Police or Superintendent of Public Works and came in
with a recommendation they wanted the Board to accept.
Mr. Mabee asked Mr. Carroll what kind of information
he would expect from a survey that would tell him that he
did not need parking, and what information he would get that
would tell him he did need parking on Massachusetts Avenue.
Mr. Carroll replied he was not sure the results of the
survey would provide a final answer.
Mr. Mabee asked what types of questions would be
asked.
Mr. Carroll replied he was thinking of the number of
times the spaces on the Avenue turn over, into what stores
the people go, and how many times. He said he thought
there were different types of businesses in the Center
that would attract customers to the Center rather than take
the time to drive around.
A motion was made that the Chairman be authorized to
consult with whomever he wants to, including the Traffic
Study Committee, after hich an outline of the type of
questions would be prepared for the League of Women Voters.
Mr. Mabee stated the type of questions asked will
determine the type of answers that will be received.
Mr. Cataldo said this is what the Economic Development
should be doing and they are being paid for it.
Mr. Carroll said the Board should consult with EDA,
tell them it is going to make a survey and ask them what
they want in terms of information.
CI I
1
1
361
Upon motion duly made and seconded, it was voted
to authorize the Chairman to consult whomever he thinks
advisable, including the Traffic Study Committee.
Motion was made toauthorize the Chairman to write
the Chamber of Commerce, stating the Board would like a
concrete statement from the group showing the opinion
of each and every merchant of the project plans.
The Chairman asked the Board to leave this to him
as he knew someone was designated to get the information
from the merchants. He said he would write the com-
mittee to get this information.
Mr. Mabee asked why the survey could not be made
and then the questions be made out. He said he would
like the merchants' pinions but he thought they would
be more available if they had the results of the survey.
Mr. Sheldon stated he thought every merchant should,
at this time, be able to express an opinion and he did
not think the merchants should need a survey to tell where
the business is coming from.
The Chairman suggested that the merchants' reaction
be obtained first and then when the survey is made, the
Board would show them what the survey has shown and ask
for their opinion.
Mrs. Lieb stated Mrs. Leon Groisser, 510 Concord
Avenue, is President of the League of Women Voters.
The Chairman read a letter from Norman Schuler,
49 Dexter Road, requesting permission toconnect to the
storm drain to take off water in his cellar. Drain
Mr. Carrollreported he had looked at the property
and there has been some serious darage doge to the cellar
and garage. He recommended that the Board allow Mr.
Schuler to make the connection at his expense.
Upon motion duly made and seconded, it was voted
to grant Mr. Schuler's request for permission to connect
to the storm drain at his expense.
Mr. Legro referred to Memorandum on proposed lease
of premises at 572 Massachusetts Avenue to Mr.McGirr for
renovation of the property which was submitted tothe #572 Mass.
Board last week by Mr. Ripley. Avenue
He reported to the Board that the statute that
authorizes the lease of such property is limited to not
more than five years. He said he thought it would be
clearly wrong for the Town to make any substantial ex-
pense to make the building suitable for renting and that
the terms of the proposed lease was a devious way to
spending money. He said there is a serious question whether
362
Water
the Town could do this.
Mr.Sheldon said the reduction of the land and the
ultimate sale of the property becomes a consideration
and in becoming a consideration, Mr. Legro questioned it.
The Chairman said Mr. Legro had written a letter
which he would have copied for each member of the Board
so it could discuss the subject further next week.
Mr. Cataldo said if the Board is not going along
with the leasing concept, it should tell them to move .
the house or tear it down. He said the date is
October 28.
Mr. Legro explained that in the terms of the lease,
the lessee has a right to move the building but did not
say where it is going. He pointed out one of the major
arguments was that the building ,-emain in the area.
The Chairman read a letter from Mr. Legro, dated
October 25, 1965, in regard to the proposed lease.
Mr. Mabee said he would be in favor of making a
motion to eliminate leasing. He would give them a
week, two or three, and vote this out if feyddid not
come up with something, because of advice of Town Counsel.
The Chairman reported Mr. Ripley called him hoping
the Board would protect him to the extent no action would
be taken until this has been explored.
Upon motion duly made and seconded, it was unani-
mously voted to eliminate the possibility of leasing the
property.
Upon motion duy made and seconded, it was voted
to grant one final extension of time to November 22, 1965
within which time Mr. Ripley's group is to submit a con-
crete proposal, acceptable to the Board, for the removal
of the building.
The Chairman polled the Board and the vote was unani-
mous.
The Chairman read a letter from Diran M. & Rebecca E.
Semonian, 504 Lowell Street, requesting an extension of
the deferment of the water betterment on part of Lot A,
Laconia Street.
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 $45o water betterment
assessment levied against part of Lot A, Laconia Street,
owned by Diran M. Semonian and Rebecca E. Semonian,
without interest, until the land or any part thereof is
built upon, sold or until the expiration of three years
from the date hereof, whichever event occurs first; pro-
videdi however, that this extension of time; shall termi-
nate immediately if the facilities of the water main are
used for said part of Lot A.
363
Revised copies of Standards for School Zones, received
from the State Department of Public Works, was referred Traffic
to the Traffic Study Committee at Mr. Gray's suggestion.
The Chairman read a letter received from John F.
Collins, Mayor of Boston, requesting that a letter be
written to the U.S. Ataomic Energy Commission expressing ABC site
endorsement of the site in Haverhill.
The Chairman said if the Board had no objection
he would write the necessary letter.
Letter was received from John C. Flynn, Senior
Community Action Technician of the Commonwealth Service
Corps, with reference to a meeting in Arlington on
October 27 for the purpose of discussing the meaning
and mechanics of regionalization.
Mr. Gray explained this is on the Committee for the
Aging and he has talked with the Director. Commissioners
have been established by Boards inserting an article in
the warrant requesting authorization to create such a
council.
The Chairman asked Mr. Gray to attend the meeting
and the Board had no objection.
Invitation to attend Veterans' Day services in
Bedford was received from S.P.L&Cerva, M.D., Hospital Veterans'
Director of the Veterans' Adaminstration Hospital. Day
The Chairman read a letter from the Board of Health
requesting permission to pay a bill of the Dental Clinic
in the amount of $85.70 by transferring this amount from
the Health Department expense account.
Upon motion duly made and seconded, it was voted
to forward the request to the Appropriation Committee Transfer
without any recommendation.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
amount of $85.70 from the Fund to the Dental Clinic
Expense Account if the approach suggested by the Board
of Health is illegal.
Letter was received from the Lexington Arts and
Crafts Society stating the society will hold its annual
fair on November 12, Friday, and Saturday, November 13.
The letter called the Board's attention to police regu-
lation of traffic in the area. During the fairs in
previous years, there was considerable traffic and
neighbors complained. One of the conditions under
364
Traffic
Cemetery
Director &
Veterans'
Agent
Veterans'
Agent
Use of hall
which the organization was granted a Building permit was
traffic regulation during peak activities.
Mr. Sheldon informed the Board he talked to Charles
Bowker, Chairman of the Fair, about this and suggested
that he write the letter.
Mr. Cataldo said a police officer has been paid by
any organization he knew of running a fair.
The Chairman explained the only exception is traffic
control at the churches on Sundays for which there is no
charge. He said the request should go to the Police
Department and Mr. Bowker should be so advised. He
should also be told that any officer assigned to traffic
duty would have to be paid the prevailing rate.
The Chairman read a letter from Leo M. Gaughan,
32 Liberty Avenue, applying for the position of Director
of Veterans' Services.
He alsoreada letter from William C. Goodland,
24 Sandy Brook Road, Burlington, applying for the posi-
tion of Director of Cemeteries.
The Chairman stated the Cemetery Director comes
under the Cemetery Commissioners and at the present time,
the two jobs are combined as one . He asked if it was
the Board's wish to have these two positions separated.
Mr. Gray reported it is Mr. Graham's feeling that
one of the men now working for the Commissioners in the
Cemetery Department could handle the work of the Director
of Cemeteries.
Mr. Cataldo said in that case the Board is free to
advertise for a man to fill the position of Veterans'
Agent.
Upon motion duly made and seconded, it was voted
to advertise for an individual to fill the position of
Veterans' Agent which position will be available January 1,
1966, and further that Mr. Gray be permitted to go to
the Appropriation Committee for additional funds if neces-
sary to pay the individual appointed for three weeks prior
to the present Agent's termination of services with the
Town.
Upon motion duly made and seconded, it was voted
to grant the Lexington Sea Scouts permission to conduct
a dance in Cary Memorial Hall on Saturday, November 27,
1965, subject to the established rules and regulations
governing the use of the hall.
Mr. Mabee suggested that a notice to be inserted
in the local newspaper in regard to Hallowe'en.
Mr. Cataldo said the police would have to be out
both nights.
1
The Chairman said the Board should request the
townspeople, and particularly the children, to cele-
brate Hallowe'en on Saturday.
Discussion on guides was opened by Mr. Sheldon
who proposed the only way to bring order was for the
Board to appoint someone to be in charge of the guides.
He suggestedthat this be on a part-time basis and could
involve a town employee. He also suggested that an Guides
item be included in the budget for this and that the
rules and regulatios be lived up to. He said someone
should be in charge and be responsible to the Board.
He said once the Boa d has selected a good man, it could then
write rules and regulations and thatguides who violate the
rules should be discharged.
Mr. Cataldo suggested that the individual appointed
to be in charge of the guides could also be the Veterans'
Agent.
Mr. Sheldon said he wanted someone in charge who
would be responsible to the Board.
Mr. Cataldo asked if the Board could pay enough for
another part-time job and get the individual it is looking
for.
Mr. Sheldon said he tnought the job could be done by
paying $1,000 or $1,500 if the man is a Town employee,
someone presently employed by the Town.
Mr. Mabee said he did not see why this had to be a
part-time job. He suggested that a senior citizen might
beiinterested.
Mr. Cataldo said if this person is paid, the Board
can demand what it wants, and he felt that whoever it is
should be paid, regardless.
Mr. Sheldon suggested that the Board think about this
for a week and have the subject on the agenda for next week.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on October 18, 1965.
The Chairman referred to a progress report received
from the Traffic Study Committee and said in view of the
number of telephone calls he receives, people around Town
are concerned. He suggested that the report be released
to the paper.
Mr. Burnell agreed and Mr. Cataldo suggested that the
report be signed so people will know who is on the committee.
Mr. Leslie York of the Public Facilities Building Com-
mittee, met with the Board.
The Chairman explained to Mr. York that the Board has
365
Hallowe'en
Minutes
366
hard and fast rules that twelve o'clock noon on Friday
is the deadline for getting on the agenda.
Mr. Burnell said he suggested that Mr. York meet
with the Board.
The Chairman explained exceptions are made in cases
of emergencies.
Mr. York stated all he had in mind was a progress
report on the Public Facilities Building. The contractor
said the building will be completed by November 15. He
is about ten days behind his schedule. He said the
committee would like to place a sign out on the sidewalk
and he thought this would come under the Selectmen's
jurisdiction. He asked if the Board wanted to design
the sign.
The Chairman explained this would have to satisfy
the Historic Districts Commission.
Mr. Cataldo stated it would also have to go before
the Board of Appeals.
Mr. Sheldon suggested that the committee be delegated
to approach both Boards.
The Chairman stated the Board would delegate responsi-
bility to the committee and it could meet informally with
the Historic Districts Commission and then return to the
Selectmen and show it to them. Then an application could
be filed with the Historic Districts Commission and the
Board Sf Appeals for regular hearings. He told Mr. York
that the Superintendent of Public Works would assist him
on the type of sign.
Mr. York said the committee would be arriving at a
problem as far as take over of the building -is concerned.
He asked how far the Board wanted the committee to carry
on after the budding is completed. He said there would
be the problem of custodian and supplies. He said the
Chamber of Commerce would man the information counter.
Mr. Cataldo suggested that the Board invite the
Chamber of Commerce to a meeting and state exactly what
is going to be done. He pointed out someone will have
tp pay for heating the building.
The Chairman said he would write to Gardiner Maxcy,
President, and ask him to meet with the Board next week.
Mr. Carroll asked where money was coming from to
heat the building this winter.
The Chairman replied this would be determined next
week.
Mr. Burnell said the Chamber of Commerce would staff
the building but will not provide janitorial services
or pay for the heat.
The Chairman read a letter from Mr. Logan Clarke,
19 Burroughs Road, relative to traffic speeding on
Burroughs Road.
367
The Chairman asked Mr. Carroll how much longer he
expected the detour to be in effect and Mr. Carroll
replied about four weeks. Traffic
Mr. Carroll explained he put up some temporary
"Slow" signs in the street and Chief Corr said he was
going.. to assign an officer over there.
Mr. Gray reported the police have been spot checking.
Mr. Carroll pointed out the statistics in Mr. Clarke's
letter would apply to any street in Town.
The Chai:man said all the Board can do is to ask the
Chief if he can place an o'ficer over there more often.
Mr. Cataldo pointed out this is a temporary condition.
Mr. Carroll explained these people have never had this
volume of traffic andare not used to it.
The Chairman asked Mr. Gray to check with the Chief
and see if there is anything mo'e he can do.
Upon motion duly made andseconded, it was voted
to go into Exe utive Session for the purpose of discussing,
deliberating or voting on matters which , if made public,
might adversely affect the public security, the financial Executive
interst of the Town, or the reputation of any person. Session
Following discussion with Town Counsel relative to
the 1775 Realty Trust, a discussion with Mr. Carroll rela-
tive to sick leave for an employee, and a police matter,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:05 P.M.
A true record, Attest:
368
Jurors
SELECTMEN'S MEETING
November 1, 1965
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, on Monday,
November 1, 1965. Chairman Cole, Messrs. Burnell, Cataldo,
Sheldon and Mabee were present. Mr.Legro, Town Counsel,
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present.
Request was received from the Town Clerk for three
jurors. The following individuals were drawn for jury duty:
Robert C. Lindsay, 97 Burlington Street, Edward C. Johnson,
45 Baskin Road and Frederick Jackson, 9 Webster Road.
Hearing was declared open upon petition of theBoston
Edison Company for the location of one pole on Vine Street.
Notice of the hearing was mailed to the petitioner,
Pole owners of property listed on the. petitioner's plans and
locations also filed with the Superintendent of Public Works.
No one was present at the hearing in favor or in
opposition.
Mr. Serverson explained the proposed location is to
clear a driveway to a new home.
Mr. Carroll, Superintendent of Public Works, approved
the proposed location.
The hearing was declared closed, and upon motion duly
made and seconded, it wa voted to grant the petition and
sign the order for the following pole location:
Vine Street, southeasterly side, approximately
566 feet northeast of Hayes Lane,
One pole.
(One existing pole to be removed.)
Mr. Serverson retired.
Borrowing
The Chairman read a letter from Miss McDonough, Town
Treasurer, relative to borrowing $50,000 to cover the
second payment in connection with construction of the
Moreland Avenue School.
Upon motion duly made and seconded, it was voted
to approve the bid of 2.25% submitted by the New England
Merchants Nationa. Bank of Boston.
Mr.
Collins,
to cover
1965.
Gray reported receipt of a letter fromMr. James
Director of Public Welfare, relative to a transfer
Disability Assistance payrolls through December,
1
369
Upon motion duly made and seconded, it was voted
to request the Department of Public Welfare to transfer Transfer
the sum of $4,000 from the Medical Assistance for the Aged
Account to the Disability Assistance Aid Account.
Mr. Gray reported receipt of an application from
Edward McDonnell for the position of maintaining and clean-
ing the new Public Facilities Building.
Mr. Gray also reported he had received two appli-
cations for the position of Veterans' Agent, Thomas W.
Connor, 273 Woburn Street and Joseph Bailey, Wahington
Street, Arlington. He said he would set up a file and
send copies to the members of the Board for its study.
Public
Facilities
Building
Mr. Gray reported a conversation he had with Mr.
Zaleski, Planning Director, and stated the Planning Board
is going to propose some changes in the Zoning By -Law and
wishes to acquaint the Board with the proposed changes. Zoning
He had a letter from Mr. Zaleski on the subject and said
he could have copies made and mailed to the members of
the Board.
The Chairman asked if Mr. Zaleski wanted the reaction
of the Board of Selectmen before the hearing and Mr. Gray
replied he presumed thatthe Planning Board might.
Mr. Gray said, in discussing the position of the
meter maintenance man who will take care of the voting
machines, the voting machine company maintains a school
to train these men. The school is free but the Town has Voting
to pay the man's expenses while he is at school and it Machines
will cost about $150. The school is in Jamestown, New
York, and lasts four days. He explained the school runs
continuously and the Board can send a man anytime. This,
however, is out of State travel and he did not know whether
the Town Clerk had such an appropriation. He said the
Board would have to ask for a transfer.
The Chairman asked how many; men she planned to send
and Mr. Gray replied only one.
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 Elections - Transfer
Jurisdiction Town Clerk Account for Out of State travel.
Mr. Legro stated he had an agreement between the
and John W. Castoldi regarding the loam on Parcel A.
Upon motion duly made and seconded, it was voted
to execute the agreement in the following form:
(See Selectmen's filessf or 1965)
Town
370
Mr. Carroll referred to the MDC Relief Sewer Project.
He reported the contract has not been advertised and it is
doubtful that it will be advertised in this calendar year,
MDC or at least get the work statted inthis calendar year.
Relief He said he did not know if theBoard and the Appropriation
Sewer Committee is counting on this $150,000 but if so, he sug-
Project gestedchecking on this again at the end of the month. He
said the Fedeal people could be contacted to find out
whether or not the Town could get some kind of a concession
from t1-iem.
Mr. Sheldon felt t his approach should be made.
Mr. Gray advised that the Board was not counting on
this as an income factor for this year's budget.
Mr. Carroll said he would do his best on this.
Mr. Carroll reported on the Lowell and East Street
Construction construction and advised the Board he would have four
police officers working on the detour and would do his
best to have Lowell Street open at night.
Mr. Legro stated the contract between the Town and
Bernard J. Lazaro, Inc. for sidewalk construction is
lacking in some insurance coverage certificates and
requires some changes in the bond, but if the Board
Sidewalk signed it this evening, it would save some time.
contract Upon motion duly made and seconded, it was voted
to sign the sidewalk contract between the Town and
Bernard J. Lazaro, Inc., to be retained by Town Counsel
until the insurance certificates have been received by
him and the changes made in the bond tohis satisfaction.
The Chairman read a letter from Douglas T. Ross
offering to pay the Town $200 to compensate for any differ-
ence in value of the two parcels of land to be exchanged.
Mr. Sheldon said it suited him all right, but he sup-
posed the Board would have to go back through the Planning
Board.
Mr. Mabee stated the Planning Board has already approved
Ross land this.
exchange Mr. Cataldo said he did not think anyone ever put a
price on this. He asked who was going to let this out,
and who was going to pay for the transfer.
Mr. Sheldon suggested that the Board approve the $200
subject to 1r. Ross assuming the necessary expenses.
Mr. Cataldo pointed out Mr. Ross would have to have
this laid out on the ground.
Mr. Sheldon said there would be the surveying, the
deed and title search.
Mr. Legro reminded the Board this would have to be
presented to a Town Meeting.
The Chairman asked Mr. Gray to check with Mr. Ross,
stating this offer would be accepted subject to Town Meeting
approval and subject to him assuming the costs involved.
Mr. Legro advised
He said he had no idea
question is whether it
did not think there is
for Mr. Ross to absorb
Mr. Sheldon asked
it take care of it.
Mr. Legro replied $100 might.
Mr. Cataldo said if the Board agrees the land is worth
$200, it should add whatever it thinks it will cost.
It was agreed to go along with $300; the $200 offer
plus $100.
Letter was received from the Boston Edison Company
and the New England Telephone and Telegraph Company re-
questing "Leave to Withdraw" a joint petition dated
August 6, 1965 to relocate one pole on the easterly side
of Allen Street, approximately 904 feet north of Blossom
Street, and to install one pole on the westerly side of
Allen Street, approximately 928 feet north of Blossom
Street.
Upon motion duly made and seconded, it was voted
to grant the petitioners' request for "Leave to Withdraw".
Notice was received from the Department of Public
Utilities of a public hearing to be held November 8, 1965,
relative to rates and charges made by Railway Express
Agency Incorporated.
It was the opinion of theBoard that it would not
be necessary to have the Town represented at the hearing.
Letter wa.F received from Mr. Irwin advising that the
Institute of Municipal Building Officials of New England
would be held from November 15 through November 18 at the
University of Con_ecticut.- He said if there is no
objection, he would contact Mr. Richard Soule to fill in
during his absence.
The Board had no objection.
The Chairman read a letter from Alan G. Adams sub-
mitting his resignation as a member of the Metropolitan
Area Planning Council.
Upon motion duly made and seconded, it was voted
to accept Mr. Adams' resignation with regret.
The Chairman submitted the name of Roland B. Greeley
for the Board's a•onsidera'ion.
371
that the title was the Town's problem.
what might be involved. The whole
is of value to the Town. He said he
any basis on which the Board can arrange
the cost of an examination of the title.
if the Board added $50 to the $100 would
Pole lo-
cation
petition
withdrawn
Hearing
Building
Inspector
Resignation
372
Schools
License
Minutes
Upon motion duly made and seconded, it was voted
to appoint Mr. Roland B. Greeley to the Metropolitan
Area Planning Council to fill the vacancy caused by
Mr. Adams' resignation.
Mr. Robert Lyon and Mr. Vincent J. Catania, Presi-
dent of Famous Foods Inc., met with the Board.
Mr. Lyon stated they requested the meeting to discuss
a cornice overhanging on the building, formerly occupied
by Couette's real estate office.
Mr. Catania submitted a plan showing an exterior view
of what is proposed.
Mr. Louis Seibelli, architect, arrived at the meeting.
Mr. Lyon said the increase in the overhang is measured
in inches and it seems this is more an architectural
imbellishment.'
Mr. Scibelli explained it is not a wall and not a roof,
but just a feature.
The Chairman stated the Board would take the matter
under advisement.
Messrs. Lyon, Catania and Scibelli retired at 8:17 P.M.
Later in the evening, further consideration was given
to the subject.
Upon motion duly made and seconded, it was voted
to grant Famous Foodi Inc. request for permission to have
the cornice on the building, where it proposes to locate
a Pewter Pot Muffin House, overhang one foot beyond the
building line.
Letter was received from the School Committee inform-
ing the Board that the new Middleby Road school has been named
the Bridge School and the new Moreland Avenue School has been
named the Bowman School.
Letter was received from David A. Gibson, Executive
Director, Massachusetts Chapter of the National Cystic
Fibrosis Research Foundation, requesting permission to
conduct a door-to-door drive on Sunday, November 7, 1965,
from 1:00 P.M. until 5:00 P.M.
Upon motion duly made and seconded, it was voted
to grant the request.
Upon motion duly made and seconded, it was voted
to grant a Common Victualler license to Check M. Yee,
177 Massachusetts Avenue, satisfactory character refer-
ence having been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meting held
on October 25, 1965.
CT
1
373
Upon motion duly made andseconded, it was voted
to adopt Orders for the installation of sidewalks in Sidewalks
Adams Street, Bow Street, Crescent Hill Avenue, Fern
Street and Smith Avenue.
At 8:15 P.M., Mr. Richard Michelson, representing
the Jaycees, met with the Board relative to the Act
passed by Congress authorizing the Town to fly the Ameri- Plaque at
can Flag on the Common twenty-four hours a day. He flagpole
stated the Jaycees propose placing a plaque at the base on Common
of the flagpole and submitted a sketch for the Board's
consideration.
The Board suggested a change in the wording to read
"This flag is flown twenty -fours a day by an Act of
Congress, 1965."
The Board had no objection to having the plaque
placed, and Mr. Mabee suggested that the Jaycees discuss
the subject with the Historic Districts Commission. He
also suggested that Mr. Michelson discuss the proposed word-
ing in regard to illuminating the flag with the Commission.
Upon motion duly made andseconded, it was voted
to grant the Jaycees permission to place a plaque at the
base of the flagpole, the wording to be as suggested by the
Board.
Messrs. Gardiner Maxey, Lee Tarbox, Lester York and
George Kolovson met with the Board.
The Chairman stated there is the question of staffing
and control of the new Public Facilities Building and also
who assumes the financial responsibility. He asked what
the Chamber of Commerce was prepared to do.
Mr. Tarbox informed the Board there is a committee
to take care of the setting up and staffing. The infor-
mation booth has beeroperated from ten in the morning until
five in the afternoon each day and from one to five on
Sundays. That was during the tourist season. The Chamber
has discussed this new building area with an information
booth in there and there are two questions. What the
Chamber should do and what it can afford to do. It seemed
to him and Mark Moore thatthey would like, if possible, to
have, during the winter, a lday individual on a forty -hour
basis during the off season. During the on season, they
felt an information booth should be open from nine until
five and that would be six days a week and from one to five
on Sundays. This would be from the information booth
standpoint only. He said he did not know how the Board
felt about tie toilet facilities and what hours that would
be open. He said if they could get it to forty hours a
week during the off season, they thought from ten in the
Public
Facilities
Building
374
morning until five in the afternoon six days a week.
On the on season, they would have it from nine to five,
six days a week, and one to fi-e on Sundays, a total of
fifty-two hours. He explained this is taking into con-
sideration just the information booth.
The Chairman asked Mr. York for his thoughts on what
hours the building should be open other than from the
information aspect.
Mr. York replied he thouLht those hours would give a
high percentage of coverage which is necessary. He said
it certainly would be an increase over what they have had.
He said there is nothing open now during the winter months
and this coverage would be fairly satisfactory.
The Chairman asked if Mr. York thought that the facili-
ties other than information should be open the same hours
as the information facilities.
Mr. York replied that is what he had always considered
it to be.
Mr. Tarbox said, with reference to the lady in the
information booth, she has not had requests enough for
toilet facilities so there has been any problem. She
feels no matter how many hours the toilet facilities were
open, young people of the Town would take advantage of it.
She has not felt the necessity for it was too great.
The Chairman asked the members of the Board for
their comments in regard to the hours of operation.
Mr. Cataldo said there is no question they go together.
He said the building was designed for the comforts of the
visitors and they have to go together.
Mr. Tarbox stated the Chamber of Commerce is prepared
to take care of the portion for the information booth for
those hours and assume the expenses.
The Chairman said the only department the Board would
put this under would be the Public Works Department.
Mr. York asked if this didn't come under the Park
Department.
The Chairman explained the Park Department is part
of the Public Works. He asked Mr. Carroll if the Park
Department had enough men to take oh this added burden
without any more men.
Mr. Carroll replied he would like to look at it
and decide what is involved.
Mr. Cataldo mentioned there would be janitorial
services involved.
Mr. Sheldon said there was also heating and lighting.
Mr. Cataldo asked if the group felt the building
should be open longer than five P.M.
Mr. York said the Board would find five is about
the deadline on these historical buildings.
Mr. Sheldon said it would be up to the Superintendent
CT'
r2
1
375
of Public Works to include the necessary items in his
coming budget; heating, lighting and janitorial services.
Mr. Tarbox asked if there were going to be other
things in the building.
Mr. York said there is a very nice room upstairs
that could be used. He said it is Town property and
if someone wanted to use it for a meeting place, it is
there and there is no reason why it could not be used.
It is under the jurisdiction of the Board of Selectmen.
Mr. Burnell said there are two rooms.
Mr. Cataldo mentioned the fact the Board was thinking
of headquarters for the guides.
Mr. York said there is a locker in the lower level
which could be used by guides.
Mr. Tarbox stated if there are going to be too many
other things in the building, it will be very difficult
for the Chamber of Commerce woman to take care of these
other things. He said the Chamber does not want to be
responsible for the whole building. It will be responsi-
ble for manning the information booth, but if there are
any other activities, it will be up to the Board of Select-
men to be responsible for them.
Mr. Handley inquired as to the duties of the Trainer
of the G'ides.
The Chairman replied that the Board has not come to
any concrete decision as yet.
Mr. Handley said there are two stairways up and two
stairways down and a back entrance. He said he hoped it
would be possible to keep the public from roaming around.
Mr. York stated it was intended to put a barrier
across the stairways.
Mr. Gray said if this building will be used in the
evening, some thought should be given budgetwise to fur-
nishing these two rooms.
Mr. Tarbox stated the present attendant is concerned
about the supervisions, police supervision of the children
as they come out of school who probably will be going over
there. If a gang of girls andboys come over, she would
like to know there is some police supervision because she
will be there by herself.
Mr. Sheldon stated if this building separates tha
volume that It may, there will have to be a man supervise
the building because the woman giving out information.can't
be expected to keep the place orderly or handle the super-
vision. He said it may be necessary to have a man on duty.
Mr. York thou;ht possibly one janitor could take care
of this building and the library.
Mr. Handley pointed out the library has two full-time
janitors.
376
T own
Accountant
License
The Chairman said, using one janitor for two buildings,
this would run into having two different authorities.
Mr. Tarbox asked if there were facilities for proper
lighting around the building.
Mr. York replied they did not spotlight it because they
did not want to detract from the Buckman Tavern. He said
there will be two lights on front and one in back.
The Chairman said he thou, ht much would depend on
Mr. Carroll's investigation. He said the Board would
have to'set-rules and egulations for the use of the building
by organizations.
Mr. Tarbox said there can be many uses made of the
buildin and it could be used for many small meetings.
The Chairman pointed out until the building is
equpped, it can't be used, and that won't be until after
Town Meeting. He said Mr. Carroll would look into this
and the Board will make a decision.
Mr. Tarbox said the Chamber of Commerce could like
the privilege of closing at four if, it finds in the winter
there is no one there after four.
Mr. Cataldo asked when they planned on opening.
Mr. Tarbox replied as soon as it is ready.
Mr. York said he thought the middle of November it
would be ready for use.
Mr. Cataldo asked when the building would be turned
over to the Board to assume the cost of heating.
Mr. York replied it should be heated right away, and
it is heated by gas.
The group, with the exception of Mr.. Legro and Mr.
Carroll, retired at 8:55 P.M.
The Chairman reported to the Board that he had
talked with Mr. Gray during the week so he could familiar-
ize himself with the position so he can help the comptroller
if one is hired.
Mr. Cataldo said Mr. Gray should go to the Accounting
Office and see what has to be done, and, if necessary, get
someone up there to bring things up to date.
The Chairman said he was taking one step at a time,
and this is the direction he thought the Board should go.
Upon motion dulymade and seconded, it was voted
to deny Mr. Robert P. Grinnell's application for a Taxi
Driver License.
The Chairman said the Board agrees that the guides
should be controlled and it is within the Bnard's province
Guide to provide this control. He said last week, the Board
Director did agree thee should be some supervision but did not
decide if it should be on a paying basis or non paying
1
377
and he did not think the Borrd decided about the duties.
Mr. Sheldon said the Board agrees supervision is
necessary and whoever it will be will be under the Board's
supervision with complete control. He said there would
be a manual setup of the talks the guides are to give which
will meet with the Board's approval and be adheredto, and
should be uniforms. He said all these things have not been
done and this is what the Board has to do. He felt it is
a part-time job and since budgets are being prepared, he
would recommend $1500. He said if this could be done for less,
it would be done for less but he tnought this was vitally
important. He said the Board has received letters that the
job has bean poorly done and many people don't write and
just go away with a bad impression of Lexington.
Mr. Gray reported, as a resultof the article in the
Minute -man, he received a telephone call from Leon Burke
who is interested in guides and the proper function of the
guides. He would be willing to assist in instructing the
guides and supervising. He said Mr. Burke has ideas of
what he thinks will help the situation at the Common and
would be willing to discuss this with him or the Board
and present what he thinks is a program that would take
care of the situation.
The Chairman reported he received a call from Mr.
Buckley at the library who is interested, and this presents
the problem of using a full-time employee as a part-time
employee also.
Mr. Mabee said he would like very much to hear what
Mr. Burke has to say.
Mr. Sheldon suggested
Burke and have this on the
The Chairman said the
coming up.
Mr. Cataldo felt this
approach and it would be a
director would do.
The Chairman said the Board could arrive at the
decision tonight to create the position.
Upon motion duly made and seconded, it was voted
to create the position of Director of Guides and to estab-
lish the compensation at the rate of $1500 per year.
Mr. Burnell said it is the Traffic Study Committee's
recommendation th--t the Board change the Traffic Rules
and Regulations so Grant Street on the easterly side
from Massachusetts Avenue to Sherman Street, and Grant
Street on the westerly side from Massachusetts Avenue
for a distance of 225 feet northerly have parking pro-
hibited.
The Chairman reported he has received complaints
because they are not letting them park there now. He
that Mr. Gray meet with Mr.
agenda for next week.
only problem is, budgets are
would not change the Board's
summary of what the so-called
Traffic
Rules &
Regulation
378
said he did not know parking had been stopped.
Mr. Burnell said this is being done so there will
be bettersite distance from Massachusetts Avenue.
Letters have been received from some citizens complaining
about this.
Mr. Sheldon asked if the committee was sure it wanted
to ban perking altogether.
With reference to no parking on the easterly side from
Massachusetts Avenue to Sherman Street, Mr. Gray reported
the Chief recommended there should be "No Parking" from
the Post Office driveway because of the narrowness of the
street. He said parking on both sides of the street with
the curve at the underpass is dangerous.
The Chairman asked how strongly the committee felt
about this and Mr. Burnell replied the members are all
in favor.
Upon motion duly made and seconded, it was voted
to change the distance on the westerly side of Grant Street
from Massachusetts Avenue from 225 feet northerly to 100
feet northerly.
Upon motion duly made end seconded, it was voted to
amend the Traffic Rules and Regulations as followsl
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN, NOVEMBER 1, 1965
ARTICLE V, SECTION 2 (No Parking)
By adding to this section the following:
Grant Street. On the easterly side from
Massachusetts Avenue to
Sherman Street.
Grant Street. On the westerly side from
Massachusetts Avenue for a
distance of one hundred (100)
feet northerly.
Lincoln Stre t. On the southeasterly side from
Worthen Road for a distance of
one hundred and seventy-five (175)
feet southwesterly.
/s/ Lincoln P. Cole, Jr.
Adopted November 1, 1965
A true copy, Attest:
ig(/ Hazel J. Murray
Executive Clerk, Selectmen
I. H. &bee
Robert Cataldo
Levi G. Burnell
George C. Sheldon
Bo and
of
Selectmen
379
The Chairman said each member of the Board had
received the EDA proposals which does have a turnover
figure on traffic spaces. He said he had held off
contacting the League of Women Voters and asked if
the Board wanted the League to get the concensus of
the merchants at this particular time.
Mr. Cataldo asked if the Chairman did not think this
should be part of the EDA report. EDA
Mr. Burnell said that is where it belongs, but that proposal
is not the way the Board talked about it last week.
Mr. Cataldo said this was supposed to enter into
their final decisirn.
The Chairman said the merchants were remiss in not
attending the meeting.
Mr. Cataldo said where they were paid by the Town
he thought it was the responsi')ility of the EDA to get
the information it should have.
The Chairman asked if there would be any objection
to the EDA preparing the questions and the League of Women
Voters implementing it.
Mr. Cataldo replied not as long as the Board receives
the information.
The Chairman said he would check again with the com-
mittee and with the EDA.
Upon motion duly made andseconded, it was voted to
go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following discussion pertaining to police vacation,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:29 P.M.
A true record, Attest: � /J
c ivevClerk
Selector
380
SEIE CTMEN ' S MEETING
November 8, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 8, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
were present. Mr. Gray, Executive Assistant, Mr.
Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr. Gray read a letter from Governor Volpe rela-
tive to new emergency planning to strengthen national
security. The Governor requested the Board to supply
him with answers to an attached questionnaire on warning
systems and also to review material on duties of a local
Ration Board. He asked for the names of present local
Ration officials or members of an existing municipal body who
Board he might appoint to carry out orderly distribution
duties in the event of a grave national emergency.
Mr. Gray stated the normal thing is to have rationing
under Civil Defense.
Mr. Cataldo explained there are two different functions
involved.
Mr. Gray said some of the surrounding towns are
placing this under Civil Defense.
The Chairman asked the Board to give some thought
to the subject and Mr. Gray to check surrounding towns
for the basis of their thinking for putting this. under
Civil Defense.
Mr. Gray stated an Epplication had been received
from the Board of Health for permission to conduct a
Use of meeting in Estabrook Hall on December 1, 1965 from
hall 2:00 P.M. until 4:30 P.M. for a Senior Citizens' Meeting.
The meeting will be open to the public and no charge
made.
Upon motion duly made end seconded, it was voted
to approve the application, free of charge.
"Mr. Gray informed the Board he had received a
letter from the Cemetery Commissioners requesting a
transfer of $346. He explained that an automobile
Transfer ran into the fence and the damage was paid for by the
insurance company but the check went into receipts
and did not snow up in the Commissioners' account.
Unon motion duly made andseconded, it was voted
to recommend to the Appropriation Committee that a
transfer of $346 be made from the Reserve Fund to the
Cemetery Expenses Account.
1
1
Mr. Gray also explained the Commissioners' request
for a transfer of $1,000 to the Cemetery ExpenaE Account,
necessitated because of the numerous burials that were
made on Saturdays and holidays.
Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a
transfer of $500 be made from the Reserve Fund to the
Cemetery Personal Services Account.
381
Transfer
Mr. Gray reported that the Capital Expenditures'
report includes three items under the Board of Selectmen -
Selectmen's option money, $3,500; additions and reno- Capital
vations to the Town Offices, $200,000. He said he would Expendi-
find out what the Police Building cost and then add a tures
percentage to cover the increased costs. He said they
had, under 1965, the center development, but as far as
he knew, he felt the Board did not want any figures on
this p-rticular section.
Mr. Gray reported a meeting he had with Leon Burke
relative to the program for guides. He said he would
have the twelve points typed up and mailed to the Board.
Mr. Sheldon suggested that the Board make a decision Guides
either next week or the week after.
Mr. Gray said that Mr. Burke is definitely interested
in the position of Director of Guides*
Mr. Sheldon said before any guides from Lexington are
permitted to go to Concord, the subject should be discussed
with Concord. He suggested that Mr. Gray find out how
the Town of Concord feels on the subject.
Mr. Gray said he had taken proposals on tax title
lots last Friday as follows:
Lot S7 James Street Homeland Realty $325.00
Alfred Iodice 300.00
He explained Mr. Iodice made the original offer,
is an abutter and wants the land to use as a pasture.
Upon motion duly made and seconded, it wrzs voted
to reject all bids.
Upon motion duly made nd seconded, it was voted
to readvertise.
Lot 3 Valleyfield Street
Homeland R_alty
George Pettinelli
Edward Domings
William Hooper
Peter Sokow
$ 1,650.
225.
1,000.
210.
1,800.
Tax titles
382
Mr. Carroll said there are no betterments and Mr.
Cataldo pointed out the lots are on an unfinished street.
Upon motion duly made andseconded, it was voted
to sell and convey Lot 3 Valleyfield Street to Peter
Sokow, the highest bidder, for $1,800.
Lots 52 and 53 Valleyfield Street Peter Sowkow $2,300.
Scanlon 500.
Hooper 350.
Edward Domings 1,200.
Mr. Burnell sug ested making two seventy-five foot
lots.
Mr. Cataldo pointed out there are no other seventy-
five foot lots on the street, the maximum one hundred
feet.
Mr. Carroll said there is a drain easement on one
of those lots.
Upon motion duly made andseconded, it was voted
to reject all bids.
Upon moticn duly made and seconded, it was voted
to readvertise these two lots.
lot 8 Grassland
Edward Domings $1,300.
Hooper 210.
Peter Sowkow 1,800.
Mr. Carroll said there is sewer in Grassland Street
but no water in front of the lot. He said the gap should
be connected up.
The Chairman asked if there were any betterments,
and Mr. Carroll replied not yet.
Mr. Cataldo pointed out the lot is on an unfinished
stre t.
Upon motion duly made and seconded, it was voted
to reject all bids.
Upon motion duly made andseconded, it was voted
to readvertise this lot.
Mr. Carroll said he thought it would be wise for
the Board to hold off on these lots. Once the street
is paved and drained, the lots would be worth more money.
Mr. Sheldon sE..id that would apply to both bids the
Board hay-. voted to reject.
Mr. Gray pointed out the Board has already voted
to sell one lot.
Mr. Cataldo said with all the betterments, there
is no question but the Town would get at least $6,000.
Mr. Carroll said the Board asked him to lock into
the operation of the new Public Facilities Building. He
1
383
reported he had no figures from the Edison and gas com-
panies, for lighting and heating, but he tnought $1500
should be appropriated for supplies in order to maintain
the building for the first year. He said the Park De-
partment could maintain it during the winter until next
spring and get some record of experience. He said the
absolute maximum would be half a day. He said first of
all, someone would have to go in there every day for two
or three hours. He said as far as the Park Department
is concerned, the summertime would be a problem. He said
if the Board wants someone in there with the Chamber of
Commerce woman, then it will have to pay a person, which
becomes quite expensive.
Mr. Sheldon said there is a public building here and
it cannot be left without supervision. He said neither
could the Board depend on whomever the Chamber of Commerce
puts in them, and there should be a man there as janitor
all the time the building is open, a full-time man. He
said the Town built the building and it has to be super-
vised and maintained.
Mr. Mabee suggested a janitor service part-time and
then have an on-call system.
Mr. Sheldon said here is a public building that the
public is going to use and the Board could not expect the
lady working for the Chamber of Commerce to handle a rumpus.
The Chairman said the Town did vote for the building
and it is up to the Board to administer it and he agreed
with Mr. Sheldon, there will be trouble without some kind
of control. He said if this involves two men, that is
what it involves.
Mr. Carroll said the most economical solution would
be to replace the lady with a man.
Mr.Mabee explained that the woman is not costing the
Town any money as she will be paid by the Chamber of Com.rerce.
Mr. Mabee said there has been no experience with this
building and he could not see, at the beginning, putting
on a full-time custodian.
Mr. Cataldo said when the building is open, it will
determine what respect the people have for it, and if the
rules are made at the beginning, there would not be any
trouble. He said the money can be included in the budget
and it will then be available if needed.
Mr. Sheldon recommended including an item in the
budget to provide for full-time supervision.
Mr. Carroll asked if the Board wanted an item in
his personal services budget for a full-time man.
Mr. Mabee said with the understanding the money
will not be spent unless it is found to be necessary.
384
Executive
Session
Sewer
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 ofthe Town, or the reputation of any person.
Following discussion with Mr. Carroll relative to
one of his employees, it was voted to resume the open
meeting.
Letter was received from Robert E. Bond, 6 Demar
Road, inquiring about sewer facilities in his area.
Mr. Carroll said he has this in his 1967 budget
and suggested that the Board so advise Mr. Bond.
The Chairman read a letter from Mrs. John Doughty,
197 Westminster Avenue, asking the Town to remove the
leaves from th- stret as her husband is unable to take
Leaves care of them.
It was agreed to advise Mrs. Doughty that this is
not one of the services provided by the Town.
The Chairman read a letter from Mrs. George P. Morey
requesting deferment of the street betterment assessment
of $1250 levied against her property on Blake Road
Upon motion duly made and seconded, it was voted,
Assessment under the provisions of Chapter 159 of the Acts of 1950,
deferred to extend the time for payment of $1250 street better-
ment assessment levied against an unnumbered lot owned
by Mrs. George P. Morey and located on Blake Road, with-
out 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; pro-
vided, however, this extension of time shall terminate
immediately if said land or any portion thereof is built
upon or sold.
Form letter was received from the State Department of
Snow Public Works with reference to snow removal on Route 2A
removal Town Gap - 0.20 miles.
It was agreed to follow the policy established some
years ago whereby the State will plow the entire length
of Maple Street, and the Town will remove the snow from
all of Massachusetts Avenue.
Letter was received from the Mystic Valley Gas Com-
pany requesting permission to locate a L" and 6" welded
steel gas main in York Street and Woodland Road.
Mr. Carroll stated Mr. Herbert Carlson, York Street,
wanted to know if theTown would supply the drain pipe
for the street when the gas main is put in. He said
he would investigate and see whether or not it would be
a benefit to the Town. In the meantime he understood the
gas main was not going this way at all and heard that the
request had been withdrawn.
The Chai.man sugge:.ted, and the Board agreed, to
defer actionfor one week.
Mr. Mabee said he tnought York Strret should be
accepted.
Mr. Carroll said he had his budget all prepared.
Mr. Mabee explained he did not mean this year, but
it should be constructed some year.
Letter was received from Ralph. E. Pedersen, 146 Grove
Street, claiming damages in the amount of $13.55 to his
car due to a hole in East Street.
The Chairman said this should be reerred to Town Claim
Counsel to determine the Town's liability.
Mr. Carroll said it depends on whether there was
a pot hole or a drainage trench.
It was agreed to refer the claim to Town Counsel.
Letter was received from Arnold 'tern, 11 Woodcliffe
Road, inquiring about the sewer and drain easements in
connection with the Woodhaven Trunk Sewer.
The Chairman suggested that the letter be referred
to Town Counsel who already has an appraisal on the pro-
perty and hold this over for one week.
Gas Main
Mr. Carroll retired at 9:50 P.M.
Letter was received from Samuel H. Cohen, attorney
for the New Amsterdam Casualty Company, requesting the New Amster..
Board to make an offer in settlement of damages for ease- dam Casual
ments taken in land in which the company is part owner. ty Co.
The Board carefully considered the question of claim
damages and determined that the construction: for which
the taking was made will benefit the land, and thet if
any damage might result from the taking, the amount of
such benefit greatly exceeds any such dan;age, In reach-
ing its decision, the Board took into account the fact
that no bett,rments are to be assessed on this land for
this improvement.
Letter was received from Mr. Legro, Town Counsel,
with an order of taking of slope easements on Lowell
Street.
Upon motion duly madeL:nd seconded, it was voted
to adopt an order of taking of slope easements on Lowell
Street in the following form:
3
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
AT a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of November, 1965, 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 out, widening, 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 abut,
ting on Lowell Street in Lexington in order to protect the land
within the locations of said public way.
NOW, THER`FORE, we, the undersigned, being a majority of the
Board of Selectmen of said Town of Lexington, duly elected and
qualified and acting as such, do hereby, under and by virtue of
the provisions of 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 authority us hereto in any way enabling,
take in the name and on behalf of said Town of Lexington the
perpetual rights and easements to enter upon, remove, deposit,
slope, bank and maintain upon the parcels ofland hereinafter
described wh-.tever material, filling or support may be deemed
necessary for the protection of the street to be reconstrudted
within the location of Lowell Street, a public way in said Lex-
ington, said parcels of land being situated on the westerly and
easterly sides of said Lowell Street and being shown on a plan
entitled "Plan of Slope Easements Lowell St. Lexington Mass.",
dated August 31, 1965, by John J. Carroll, Town Engineer, to be
recorded herewith, to which plan reference is hereby made for a
more particular description of each of said parcels of land.
Said rights and easements in the above described parcels of
land are taken without interference with or prejudice to the
rights of the owners, except so far as is reasonably necessary
in the exercise of the rights and easements hereby taken, aril
there is reserved to the owners and their heirs, successors and
assigns, all their rights in and to the' use of their land lying within
said above described parcels for all lawful purposes not incon-
sistent with the use thereof for all of the purposes for which
said rights and easements a e hereby taken.
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
1
all surplus material and to leave the surface of the premises in
reasonably as good condition es when the entry was made.
Any trees upon the land included within the above described
parcels of land a e included within the taking.
The land in which the aforesaid rights and easements are
taken is believed to belong to the fol owing 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
uhderstood that such land or interest is owned by an owner or
owners unknown to us:
Unregistered Land
Owner
William J. McLaughlin and Jeanette A
McLaughlin, husband and wife
Anna R. Paul, Pasquale A. Alibrandi
and Joseph F. Alibrandi
Joseph F. Alibrandi and Lambertha A.
Alibrandi, husband and wife
Salvatore J. Mosca and Barbara J.
Mosca, husband and wife
Donald H. Quinn and Margaret M.
Quinn, husband and wife
Harold P. Sinclair and Doris Ann
Sinclair, husband and wife
No betterments are to be asse
the Town reserves the right to ass
to be constructed on the westerly
separate order.
in And said Board, having consid
hereby determines that no damages
are awarded.
WITNESS our hands at Lexingto
November, 1965.
Lots as Indicated
on Aforesaid Plan
Lot B1
Lot J
Lot H
Pt. Lot A
Pt. Lot 13
Pt. Lot 10
ssed for this improvement but
ess betterments for sidewalks
side of Lowell Street under a
ered the question of damages,
have been sustained and none
n aforesaid this 8th day of
TOWN OF LEXINGTON
By /s/
/s/
/s/
Lincoln P. Cole, Jr.
Il H. Mabee
Robert Cataldo
387
/s/ Levi G. Burnell
/s/ George C. Sheldon
Majority of the Board of Selectmen
388
Traffic
Berman's
Liquor
License
Transfer
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
November 8, 1965
Then personally appeared the above-named Lincoln P. Cole, Jr.,
Levi G. Burnell, Robert Cataldo, George C. Sheldon and Irving H.
Mabee, known to me to be a majority of the duly elected, qualified
and acting Selectmen of the Town of Lexington, and severally
acknowledged the foregoing instrument to be their free act and
deed, before me,
/s/ Hazel J. Murray
Notary Public
My commission expires November 12, 1971
Letter from Mrs. John Lambergs, 668 Marrett Road,
requesting some type of warning sign on Marrett Road
just off Route 128 was referred to the State Department
of Public Works by the Traffic Study Committee.
Letter was received from the Board of Assessors
ing about an agreement between the Board of Sele
and Berman's Liquor Mart whereby the entire area
land must be devoted to the liquor business.
Excerpts were taken from the Selectmen's Me
March 2, 1959, March 9, 1959 and August 7, 1961
mitted to the Board.
The Chairman instructed the Clerk to send a
the excerpts to the Board of Assessors.
inquir-
ctmen
of their
eting of
and sub -
copy of
The Chairman read a letter from Maurice D. Healy,
Director of Veterans' Services, requesting a transfer
of $1,000.
Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a trans-
fer of $1,000 be made fromthe Reserve Fund to the
Veterans' Services Aid and Expenses Account.
The Chairman read a letter from Mrs. Ann Marchant,
6 Vaille Pvenue, calling the Board's attention to the
fact her copy of Archibald Williard's "Spirit of '76"
would be%most fitting display in the Public Facilities
Building, or anywhere else in Town. Mrs. Marchant is
moving to Rhode Island in the spring and would like to
sell the painting before she leaves.
The Chairman sEid there are no furds available for
this purpose and suggested that it be referred to the
Historical Society.
Notice was received from Kevin H. White, Secretary
of State, advising thatJohn Buckley, Vine Street, William
Iverson, William Melbye, James Street and George Andrews,
15 Madewaska Street, Bedford, had applied for an appli-
cation for a certificate of Incorporation under the name
of Bay State Trappers Association, Inc.
Reports on each individual were received from Chief
Corr.
The matter was held over for one week, at which time
the Board will discuss it with Town Counsel.
389
Cert. of
Inc.
Notices were received from the Alcoholic Beverages
Commission relative to the sale of alcoholic beverages ABC
on Veterans' Day, November 11, and Thanksgiving Day, Nov. 11 &
November 25. 26
"Package Goods" stores may sell anddeliver alco-
holic beverages between the hours of one o'clock P.M.
and eleven o'clock P.M. on Veterans' Day, November 11,
1965, and until eleven -thirty P.M. on the night before.
"Package Goods" stores shall not sell or deliver
alcoholic beverages during the entire day, Thanksgiving
Day, but may sell and deliver such beverages until 11?30
o'clock P.M. on the hight before.
Upon motion duly made andseconded, it was voted
to grant a taxidriver license to Bruce P. Johnson, License
21 Belknap Stre=t, Arlington, satisfactory character refer-
ence having been received from Chief Corr.
Letter was received from the Board of Fire Com-
missioners advising that Benedict J. Belcastro has Retirement
requested retirement es of January 6, 1966.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 1, 1965.
Upon motion duly made and:: seconded, it was voted
to close the Warrant for the 1966 Annual Town Meeting Warrant
on January 10, 1966.
Mr. Cataldo reported that the Public Works Building
Committee had, during the past two weeks, interviewed
twelve architects, and voted on November 5, 1965 to
recommend to the Board of Selectmen that William A. Halsey
be retained as the architect for the renovations and addi-
tions to the Public Works Building.
Upon motion duly made and seconded, it was voted
to retain William A. Halsey as the architect for the
renovations and additions to the Public Works Building,
390
the terms and final agreement to be prepared by Town Counsel.
Mr. Cataldo called the Board's attention to the fact
that Mr. Halsey said he "understood" his fee shall not
exceed a total sum of $2,000. Mr. Cataldo said it should
be definite that the fee shall not exceed $2,000.
Mr. Cataldo asked if the Board should discuss the
letter in the Lexington Minute -man written by the group
of architects with respect tothe Lexington Center plan.
He said he personally questioned them on their statement
the accomplishment of the project was feasible within the
framework of the 1965 article. He said, secondly, he
understood their understanding was there would be very
little Federal aid. He said he was concerned last the
townspeople get the impression something is going on
that is nowhere near this. He said he thought the
Chairman should talk to the group, and if they are go-
ing to put out releases, they should be in the right
manner. He suggested that the Chairman talk with Donald
Graham.
The Chairman said his approach would be to talk with
the Chairman of the overall cor^ittee and have whoever
is responsible meet for a discussion.
Mr. Gray was asked to arrange a meeting for the
Chairman and Mr. Kolovson.
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 pbblic security, the financial
interest of the Town, or the reputation of any person.
Following disucssion on the subject of Town Counsel,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:05 P.M.
A true record, Attest:
391
SELECTMENIS MEETING
November 15, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 15, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee 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 Chairman stated he would entertain a motion
to issue a proclamation .relative to the flag being Proclama-
flown twenty-four hours a day over the Common. tion
Upon motion duly made and secoried, it was voted
to issue the following proclamation:
THE TOWN OF LEXINGTON, MASSACHUSETTS
BY THE
HONORABLE BOARD OF SELECTMEN
A PROCLAMATION
1965
WHEREAS the first battle of the American Revolution took
place in the Town of Lexington, on April 19, 1775, and
WHEREAS the Eighty Ninth Congress of the United States of
Amer ca has enacted and Lyndon B. Johnson, President, has s
signed a law permitting the Town of Lexington to fly the
flag of the United States of America for twenty-four hours
each day in commemoration of that event,
NOW, therefore, we, the Selectmen of the Town of Lexington
dohereby proclaim
SUNDAY, NOVEMBER 21, 1965
as the day for the permanent raising of the Flagof the United
States of America over the Battle Green in the own,of Lex-
ington and urge the citizens of the Town to give fitting
observance to this significant occasion.
Given at the Town Office in Lex-
ington, Massachusetts, this fifteenth
day of November in the year of Our
Lord one thousand nine hundred and
sixty-five and of the independence
of the United States of America, the
one hundred and ninetieth.
392
A true copy, attest:
Paul E. Furdon
Constable of Lexington
/s/ Lincoln P. Cole, Jr.
/s/ Robert Cataldo
/s/ Levi G. Burnell
A/ George C. Sheldon
/s/ Irving H. Mabee
Selectmen of Lexington
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 Bloomfield Street.
Notices of the hearing were mailed to the peti-
tioners, owners of property as listed on the petitioners'
Pole plans and also filed with the Superintendent of Public
location Works.
Mr. Pratt, representing the Boston Edison Company,
and Mr. Dunn, representing the telephone company, were
the only persons present at the hearing.
Mr. Dunn explained the proposed location is to cut
down the span length and move the pole to the lot line.
Mr. Carroll reported that Mr. Higgins had looked
at the proposed location and it is all right.
The Chairman declared the hearing closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing i/o pole location:
Bloomfield Stred;,southeasterly side, opposite Minola
Road, --
One pole
(One existing i/o pole to be removed.)
Hudson Road, northeasterly side, approximately 129 feet
southeast of Spring Street,
One 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
Hudson Road.
Notices of the hearing were mailed to the petitioners,
owners of property as listed on the petitioners' plans
and also filed with the Superintendent of Public works.
Mr. Pratt, representing the Boston Edison Company,
and Mr. Dunn, representing the telephone company, were
the only persons present at the hearing.
Mr. Pratt explained this is also to cut down the
span length and place the pole tothe lot line.
Mr. Carroll reported that Mr. Higgins had looked
at the proposed location and it is all right.
The Chairman declared the hearing Closed.
Upon motion duly made andseconded, it was voted
to grant the petition and sign the order for the follow-
ing j/o pole location:
Hudson Road, northeasterly side, approximately 129 feet
southeast of Spring Street, --
One pole.
Messrs. Pratt and Dunn retired.
The following individual was drawn for jury duty:
Arnold H. Gruber, 6 Ingleside Road.
Nr. Gray informed the Board he had another Certifi-
cate for Payment on the Public Facilities Building
in the amount. of $8,672.55 which has been approved by
the Committee.
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign the Certificate for
Payment on behalf of the Town.
Upon motion duly made and seconded, it was voted
to approve bill in the amount of $371 for architectural
services.
Mr. Legro said the Board voted to sell and convey
tax title lots 50 and 51 Hillside Avenue to Loran Wallace
and Ernest Kitchen, and he had prepared a deed to carry
out that vote. The deed provides that lots 50 and 51
be combined into one lot.
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
lots 50 and 51 Hillside Avenue to Loran Wallace and
Ernest Kitchen.
Mr. Carroll presented a plan of a sewer easement
which he explained would bring the sewer from Cedarwood
39
Pole
location
Juror
Public
Facilities
Building
Committee
Tax title
394
Sea Gulls
Terrace to the trunk sewer, and said it would cross the
property of Geraldine Magill. He reported Mrs. Magill
has been notified of the intention of the Town, but
nothing has been heard from her. He said he would
like Mr. Legro to prepare the necessary instruments.
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to prepare the necessary instru-
ment for the sewer easement over property owned by
Geraldine Magill.
Mr. Carroll reported on the problem of sea gulls
at the sanitary land fill area on Hartwell Avenue, and
outlined a proposal submitted by the Abalene Pest Control
Service to eliminate the nuisance.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to engage the services of the
Abalene Pest 'ontrol Service andtry the proposed program.
Mr. Carroll said if the Public Facilities Building
is going to be open, he will need funds right away because
Public the building will have to be maintained from now until
Facilities April 1. He stated he has included $1712 in his budget,
Building but most of the materials are needed immediately.
The Chairman asked if Mr. Carroll wss requesting a
transfer, and Mr. Carroll replied in the affirmative.
He said he has the total amount of money for manpower in
the budget.
Upon motion duly made and seconded, it was voted
to recommend to the Appropriaticn Committee that a transfer
of $1200 be made from the Reserve Fund to the new Public
Facilities Building Account.
Mr. Arthur Burrell, Director of Divil Defense, met
with the Board and said the members of the Board all had
a copy of his report on the recent blackout.
The Chairman said he would like to compliment the
Civil Defense, Fire and Police for the work done during
the blackout. He said one area that needs attention is
the standby emergency generators.
Mr. Burrell referred to his recommendations in the
report and suggested a generator in the boiler room in
Cary Building. He said there should be power enough
to operate the boiler.
The Chairman said the Board should read the report,
particularly the recommendations, carefully and he would
place the subject on the agenda forthe next meeting of
the Board.
Civil
Defense
Mr. Burrell, with reference to the warning system,
said there is a pole on the corner of Lowell ind East
Streets on Town property which the contractor shows to
be right in the middle of a plot of land, but it is in
the middle of a {diddle of a mants picture window. He
suggested that the pole be moved closer to the paved
surface, about tenfeet. He said this would be an extra
in the contract and he was talking about $100.
Upon motion duly made and seconded, it was voted
to authorize an expenditure, not exceeding $100, to move
the pole as recommended by Mr. Burrell.
Mr. Cataldo asked if the Fire Department would be
connected to the system, and Mr. Burrell replied he did
not know.
The Chairman asked Mr. Burrell to discuss this with
Mr. Gray.
N1r. Burrell retired at 8:10 P.M.
Messrs. Kolovson, Scheublin, Trani, Bateman, Tarbox,
Michelson, Brown and Bryson, Chairman of the Planning
Board, met with the Selectmen relative to the revitali-
zation of Lexington Center.
Mr. Kolovson said the purpose of the meeting is to
answer the letter he received from the Board requesting
more information, one, a more specific study be performed
of the way the p„rking spaces on Massa::husetts Avenue
function. The other question was to have a survey or a
poll of the merchants in the Center to get their feeling
on the meters; more specifically the question was "Are
you in favor of "No Parking" on Massachusetts Avenue in
the Center provided off-street parking is provided?" He
said he has the results from 39. Eighteen are for "No
Parking" on Massachusetts Avenue and twenty-two want
parking.
Mr. Kolovson said the letter thatappeared in the
Minute -man by the design review committee, as well as the
follow-through article, was not at all endorsed or a
product of the steering committee.
Mr. Bryson asked if the committee had any discussion
with Chief Corr or John Carroll.
Mr. Kolovson said the suggestions made by both of
these people are still in the process of being studied.
He said he did not know if there would be a totally new
plan on layout, but there are some changes bound to occur
as a result of their suggestions. He said before a
final plan was submitted, it would be presented to them for
their comments.
The Chairman asked what timetable Mr. Kolovson was
on now in this respect, and he replied bt least two weeks.
Nr. Kerr said they have supplemented the data they
received from Chief Corr and Mr. Carroll. He said they
talked about movint traffic in the Center with Chief Corr
395
Lexington
Center
396
again and this leads to a suggestion in a different speci-
fic first step than that which was shown here or expressed
in last week's Minute -man. He said this should be dis-
cussed with his own committee and then go back to Mr.
Carroll e d Chief Corr so when the committee comes back
to the Board, the basic concept can be preserved. He said
he thought the traffic and snow removal could be handled
within the basic concept.
The Chairman asked how much time the Board had to make
a decision pertaining to the Center.
Mr. Carroll replied, assuming the Board wants con-
struction started early in the spring, he would say not
later than the first of the year,absolutely.
The Chairman said anything the Board does will affect
the Center for all times so it can't say first, in front
of the Hunt Block.
Mr. Carroll stated once the Board makes the decision
he could give it to someone to start design. He said
the latest date would be January lst.
The Chairman said the committee was saying it does need
a little more time to bring in the plan and its recommendations.
Mr. Herr said he thought everyone has agreed that the
notion of the promenade would be very nice if it could be
achieved within certain limitations.
The Chairman said he received a letter from The 1775
Realty Trust expressing opposition to the proposed widening
of the sidewalk to thirty-five feet in front of the Trust's
property. The letter stated parking space in the Center
is now at a premium and the cost of replacing spaces loft
would be extremely high. He said he would give Mr. Kolovson
a copy of the letter.
Mr. Kolovson said they were working to come up with a
complete consensus of the plan.
Mr. Kerr said they made a check during the peak hours
to see what the usage of the parking meters on the avenue
was. They surveyed from Muzzey Street to Waltham Street
on the outside. Each space was used three times during
the peak hour from 4:30 until 5:30. They found on three
nights during the peak hour, at no time were all of the
spaces taken. There was always vacant parking space on
the avenue. He said they know that one half andnot
less than one third of all the parking meter revenue
comes from the meters on the avenue. As people become
more familiar with the off-street lots, they use them
more heavily. He said parking in the Center has shifted
off the avenue to the off-street.
The Chairman asked if people leaving their cars were
interrogated to find out where they were going.
I•r Mr. Herr replied in the negative and said they watched
CJ
LT
Atob
1
397
the people and they were all doing quick errands. He
said one third of the spaces in the test section did not
move during the hour. The other two thirds kept changing.
Mr. Bateman said he called on twOlve people today and
he was told to state the question as it was on the card,
give them the card and a pen or pencil. These best
informed on the matter, answered yes. They could discuss
something about the plan having seen it in the paper or by
previous conversation. With regard to those who did not
seem to know what was going on, he wondered if they read
off-street parking was to be provided.
Mr. Oppenheim said the people always want to park
out front and don't want to walk more than two feet.
Mr. Bryson said it is important to know how the Town
will go about this, particularly the Town Meeting Members.
He said he had in mind widening the street, which he thought
was what the Town Meeting Members were talking about. Later
the question of widening the sidewalk came up. He said he
wondered if it might not be pertinent to get the views of
the Town Meeting Members on this as they were not aware of
this last March. This is a Town -wide proposition.
The Chairman said the Board has an awesome responsibility.
Mr. Kolovson stated he has received many requests from
Town Meeting Members to make a presentation.
The Chairman said he had no objection but he did not
know how it would help the Board because in the final analy-
sis the Board will have to make a decision.
Mr. Kolovson said if his group held back and did not
present the information, it would do the group no good.
The Chairman said the committee was originally ap-
pointed by the Selectmen.
Mr. Herr said there may be some point in a meeting to
finally introduce a number of the issues.
Mr. Tarbox said in developing new areas with new stores
coming into more modern design, the rear entrances to the
stores will be more attractive. He pointed out in shopping
areas one cannot get into the front of the stores with cars
and the rear entrances are as attractive as the front entrances.
He said the rear entrance may become the main entrance.
Mr. Kolovson said Burlington is now entertaining lease
arrangements so within a year construction should actually
be started.
The Chairman asked if Mr. Kolovson would want to set
a date now to report back to the Board.
Mr. Kolovson replied he would like to leave it fluid.
One of the group present askad what happened to Mr.
Bryson's suggestion.
The Chairman said if the intent of the meeting is
information, there is nothing wrong with it. He said if
there was to be an article, it would have to be carried by
the Planning Board.
398
Mr. Bryson stated his Board would be happy to do it.
The Chairman said he, personally, would have no ob-
jection to an informational meeting.
Mr. Mabee said he felt a number of Town Meeting Members,
when voting on this, had a specific thing in back of their
minds. He said he would feel better if he knew how the
Town Meeting Members felt.
Mr. Cataldo said it should be presented as a complete
story after it is put together by this committee. He stated
up to this point, there had been too many opinions and the
Board is looking for professional opinions for which the
Town is paying. He said he would like a plan justified with
professional opinions. He stated everything is up in the
air now, costs and everything.
The Chairman said the Board told the Town Meeting it
would not come back for more money, and with all good
intentions it did not intend to.
Mr. Cataldo felt facts should hot be presented to
the townspeople unless they are true.
The Chairman stated the Board has no objection to an
informational meeting providing the committee has every-
thing gelled.
Mr. Kolovson asked if he could have a more clear
understanding; regardless of the position the Board takes,
there will be an article.
The Chairman said if the Board, in its opinion, makes
a decision to have this engineering done a particular way,
it could preclude a specific plan. He said at this point
he could not tell how the Board would feel about anJ.article
in the warrant. He stated when the Board sees the final
report, it could thentell how it feels about an article.
Mr. Bryson said it is likely the Planning Board will
come up with some articles based on this report.
The Chairman advised the closing date on the warrant
is January 10.
Mr. Bryson stated one reason for hurry is to make up
articles for the Town Meeting.
The Chairman stated time is on the essence and the
quicker the program can be gelled, the better it is.
The group retired at 8:50 P.M.
Mr. Bateman said he was asked to see if he could get
a place for a Santa Land type of program. He said it was
felt that Santa should be available for at least two week-
ends, including the week in the middle. He said three
service clubs have Volunteered to assist in the program.
He said he found out Cary Hall will not be available and
wondered when the Public Facilities Building would be
finished and if it wculd be available.
The Chairman replied he did not know when the building
would be dinished or when it would be accepted. He said
the building is not finished and a lot wculd depend on the
Board's acceptance. He said he did not think this was
the answer.
1
399
Mr. Cataldo pointed out the use of the building has
been more or less determined by Town Meeting.
The Chiarman said in all probability it will not be
availabel in December.
Mr. Bateman retired at 8:55 P.M.
The matter of an application filed with the Secretary
of State by John Buckely, et alls, for a Certificate of
Incorporation was held over from the last meeting of
the Board.
The Chairman asked Town Counsel what the Boards
pnrogatives were, and Mr. Legro replied all the Board Cert. of
is required to do is to report the facts. Inc,
Upon -.motion duly made and seconded, it was voted
to sign the form received from the Secretary of State's
Office stating all the facts.
Mr. Arnold Sternts letter inquiring about the sewer
and drain easements, in connection with the Woodhaven
Sewer project, was held over form the last meeting. Sewer &
Mr. Legro stated at a meeting of November 30, 1964, drain
the Board voted on this. It was suggested that this be easements
held over again and also suggested that Mr. Stern be
reminded of the offer.
Mr. Ralph E. Pedersen's claim for damages to his
car which he stated were caused by a hole in East Street
was held over.
Mr. Carroll stated he had received a letter from
Mr. Legro on this which he will endeavor to answer this
week.,
Mr. Legro explained this is a highway defect case
and he would take such action as he thought advisable.
The Chairman said he would advise Mr. Worsen this
has been referred to Town Counsel.
Copy of letter frc:m John F. Cogan, Jr., 29 Patterson
Road, to the Town Clerk, regarding an injury to his son
which he claimed was due to a hole in the street, was
read by the Chairman.
Mr. Carroll said this was the same as the previous
The Chairman said he would advise Mr. Cogan that
the subject has been referred to Town Counsel.
case.
Letter, dated October 28, 1965, was received from
Daniel S. Horgan, Chief Engineer, State Department of
Public Works, in regard to Route 2, and its connection
to Worthen Road.
Mr. Carroll said the Town should go in and see them
and ask where the $700,000 is and when a breakdown has
been obtained, ask why they think it should be charged
to the Town. He said perhaps the Bureau of Public
Roads should be brought into this.
Mr. Cataldo said he thought the Board should go
back into the Department of Public Works and discuss this
with that department.
Claim
Clai;t
Route 2
400
Gas main
Gas main
The Chairman asked Mr. Carroll to arrange a meeting
with Mr. Horgan.
Mr. Cataldo stated that the Board should tell him
if this is the departmentts final answer, the Board fully
intends to go to the Bureau of Public Roads.
Letter was received from the Mystic Valley Gas Com-
pany requesting permission to locate a 2" wleded steel
main in Bennington Road.
The Chairman reported a telephone call had been re-
ceived requesting permission to withdraw. He said this
would be held over for one week for the Board to take
action when it has a formal request for withdrawal.
Letter was received from the Mystic Valley
pany requesting permission to withdraw petition
a gas main in York Street and Woodland Road.
Upon motion duly made and seconded, it was
to grant the request.
Gas Com-
te install
voted
Letter was received from Hideo Sasaki advising that
the next issue of the Minute -man will have an article.
describing the recommendations of the Design Advisory Com-
mittee concerning the improvements of Massachusetts Avenue.
Mr. Cataldo said he thought this letter should be
Lexington answered, and perhaps Mr. Sasaki should be told to print
Center a complete story or no story. He said the group meeting
with the Board earlier in the evening stated it was not
responsible for this.
The Chairman said ho would thank Mr. Sasaki for his
letter and refer to his article in the Minute -man.
Messrs. Legro and Carroll retired at 9:10 P.M.
Cert. of
inc.
Article
Ration
Board
Form was received from the Office of the Secretary of
State relative to an application filed by Rudy Plaue, et
als, for a Certificate of Incorporation.
Upon motion duly made and seconded, it was voted
to sign the form, stating the facts as received from the
Police investigation.
Letter was received from the Library Trustees re-
questing insertion of an article in the warrant for the
Annual Town Meeting, relative to ar;propriating the total
amount of State Aid to be used in improving and extend-
ing the library service.
lovernor Volpets letter in regard to Emergency
Planning was held over.
Mr. Gray reported most towns are putting this under
Civil Defense and not rationing in the sense of WW II
rationing.
Mr. Sheldon suggested that the Board obtain some
suggestions from the Director of Civil Defense.
401
The Chairman said the Selectmen could still think
of people for this particular Board.
Mr. Cataldo asked if it was the Chairman's intention
to establish a Board. Emergency
Mr. Gray stated the Governor is asking for names. Planning
The Chairman said the Board should let the Director
of Civil Defense come in with some names and the Bo31rd,
as the appointing authority, will appoint. He said all
the Bo rd is doing now is to have some names and have
Mr. Burrell submit some names.
Mr. Gray explained the appointment is made by the
Governor and the Selectmen only recommends the names.
The Chairman said his thought would be to give the
names of the Board of Selectmen.
Mr. Sheldon said he would still like to hear from
Mr. Burrell, and he thought a member of the Police Depart-
ment should be considered.
Mr. Burnell said he thought the Chairman's suggestion
was good.
Mr. Sheldon suggested that the Chairman discuss this
with Mr. Burrell and if he approves, settle the matter on
the basis the Chairman suggested.
App lication, received from Edward F. Donnelly, 19
Emerald Street, for the position of Supervisor of Guides,
was placed. on file.
Application
Upon motion duly made and seconded, it was voted
to deny application for a license to drive a taxi within
the limits of the, Town, filed by Richard L. Covert, 42
Allen Street, Lexington. Licenses
Upon motion duly made and seconded, it was voted
to deny application for a license to drive a taxi within
the limits of the Town, filed by Lawrence French, Sudbury,
Road, Concord.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 8, 1965.
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 with Town Counsel pertaining to
a legal case, Law Department, letters from the Board of
Appeals and the Planning Board, relative to the removal of
gravel, it was voted to resume the open meeting.
Mr. Legro retired at 10:L.5 P.M.
The Chairman read a letter from the Town Celebrations
Committee inviting the Board to participate in the parade
on Sunday, November 21, 1965, before the exercises on the
Green with reference to the permanent flag raising.
402
Flag
The Chairman said if there are going to be lights
there, the Board should give permission to have them in-
stalled and lighted.
Upon motion duly made and seconded, it was voted
to authorize installation of lights necessary for illumi-
nating the flag to be flown on the Green twenty-four
hours a day.
The Chairman reported he received a call from Alan
Cooper who would like to have the old flag on the Green
to fly it from his house,
Mr. Gray called attention to the schedule of events
on November 21, 1965, at which time this flag is to be
presented to the Lexington Historical Society, to be kept
as the last flag flown daily over the Green.
The Chairman said he had a Memorandum of Understanding,
received from the State Department of Public Works, relative
to the State setting aside $26,200 for Town upon commencement
of the Chapter 90 project on Massachusetts Avenue, subject
to monies being appropriated by the General Court for Chapter
90 projects.
Upon motion duly made and seconded, it was voted to
sign the Memorandum of Understanding.
The Chairman said the Board should take care of the
appointment of the Salary Review Board. He would make a
suggestion and then the other members of t he Board could
Salary make suggestions. He said he thought the Salary Review
Review Board should consist of a member of the Appropriation
Board Committee, Capital Expenditures Committee, Town Meeting
Members Association, League of Women Voters and one
businessman in Town.
Mr. Cataldo recommended appointing a member of the
Appropriation Committee, Board of Selectmen, Town Meeting
Members As:;ociation and two townspeople, at least one of
whom is experienced in the field of personnel.
The Chairman mentioned 1) Chairman of the Board of
Selectmen or his designee; 2) Chairman of the Appropri-
ation Committee or his designee; 3) Chairman of the Town
Meeting Members Association or his designee; L.) Two people
trained in the personnel field.
Neil Chapman and Earl Sukeforth were mentioned as
being trained in personnel.
The actual appointment of the Board was held over.
Mr. Cataldo referred to an agreement Mr. Legro drew
up for the architect on the Public Works Building. He
said the Committee and the architect agreed on it.
Upon motion duly made and seconded, it was voted, to
approve the proposed agreement and to have it prepared for
execution by the Board next Monday.
The meeting adjourned at 11:10 P.M.
A true record, Attest:
C;
Cr
atam
1
403
SELECTMEN'S MATING
November 22, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 22, 1965, at 7:30 P.M. Messrs.
Burnell, Sheldon and Mabee were present. Mr. Legro,
Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present. Chairman Cole arrived
later in the evening.
In the absence of the Chairman, Mr. Burnell con-
ducted the meeting.
Hearing was declared open upon petition of the
Tidewater Oil Company for permission to maintain under-
ground tanks for the storage of gasoline, waste oil
and fuel oil; above ground storage of motor oil, anti-
freeze, chemical accessories and gasoline, on premises Gasoline
at ).31-1.33 Marrett Road. hearing
Notices of the hearing were sent, certificate of
mailing, to the petitioner, owners of the property deemed
to be affected as they appear on the most recent tax list,
and also advertised in the November 10, 1965 issue of
the Lexington Minute -man.
The application had been approved by Chief Engineer,
B. J. Belcastro, of the Fire Department.
Mr. Cole arrived and conducted the remainder of the
meeting.
Mr. Harold E. Stevens, attorney for the Tidewater
Oil Company, explained the petition does not refer to
the rear parcel, 431-L33 Marrett Road, but only to a
portion which is shown on the plan filed with the appli-
cation. He indicated on a plan the entire parcel of
land and pointed out the corner to which the petition
relates; an area where the gasoline station has been and
now is. He stated the proposal is to refurbish this
completely by demolishing and removing the present building
and putting up a new service station building. He said
the building is designed to be of colonial architecture
and submitted an artist's rendering of it. He reported that
a hearing was held by the Board of Appeals on this matter
last Tuesday and the Board granted a permit. He explained
they were seeking from the Board of Selectmen an increase
in the underground storage from the present 10,000 gallons
to 16,000 gallons. This is so deliveries can be scheduled
so there will not be deliveries at night or at peak traffic
periods. He explained the other items have not been in a
permit. It has been the practice, in recent years, to put
in the other items, the waste oil, oil to heat the building, etc.
These have been incorporated in this application, but in
essence it an increase from 10,000 gallons to 16,000 gallons.
404
The Chairman said the Board would hear from any
proponents and the Board could ask any questions it
might have.
Mr. Sheldon said he presumed the area involved
is of the same size that is presently being used for
the filling station.
Mr. Stevens stated the premises will continue to
be owned by Mr. and Mrs. Curtin, but is under lease.
He pointed out that on the plot plan, it shows a side
yard of twenty-five feet on the westerly side. On
reconsideration, it seemed the building would be better
centterized if that was made twenty feet instead of
twenty-five so he asked if the Board would amend the
application filed. He said he wanted the plot plan
to be accurate.
Mr. A. Patrick Zapponi, 439 Marrett Road, said he
was a westerly abutter and wanted to see the plan.
The Chairman gave him a plan and Mr. Zapponi said
he wanted the Board to notice the area. He was at.a
hearing last Tuesday evening before the Board of Appeals
to find out if there could be another gas station or not,
and he did receive a notice that it was granted. He said
last Tuesday he spoke of the gas stations within the area
now.
The Chairman explained this hearing only concerns the
size of the underground storage tanks up to 16,000 gallons
and the above ground storage of side products.
Mr. Zapponi said there are three existing gas stations
there now, and he was against the storage because he is an
abutter.
The Chairman said Mr. Zapponi's objection was against
the station itself and this hearing is on the stbrage only.
Mr. Zapponi said he was against the station.
Mr. Wesley A. Taylor, 415 Marrett Road, was recorded
in opposition to increasing the size of the tanks.
Mrs. Wesley A. Taylor, 415 Marrett Road, was recorded
in opposition.
Mrs. Louise Zapponi, 439 Marrett Road, was recorded
in opposition.
No one else wishing to speak in favor or in opposition,
and there being no questions, the Chairman declared the
hearing closed at 7:40 P.M. and the group retired.
Upon motion duly made and seconded, it was voted
to grant a linense to the Tidewater Oil Company to keep,
store and sell 16,000 gallons of gasoline, 550 gallons of
waste oil, and 550 gallons of fuel oil, to be used to heat
the building, all in underground tanks, and 500 gallons
of Chemical accessories to be stored in metal containers,
all above ground, and 80 gallons of gasoline to be stored
in tanks of cars in lubritorium on premises located at
V 4310433 Marrett Road, Lexington, Massachusetts.
Mr. Gray stated for a considerable period of time
the Police Dep.rtment has had trouble with the garage
405
doors at the station, it being almost impossible to open
and close them. He explained this is presenting a problem
with Mr. Freeman, now doing work on the police cars. He
stated the Chief would like to replace the doors at a
cost of approximately 5550.00 Garage doors
Mr. Carroll said the present doors cannot be used Police
and he has funds in his budget to pay for new motorized Station
doors. He asked if the Board wanted them installed now
or wait and include an item in his 1966 budget.
Upon motion duly made and seconded, it was voted
to replace the garage doors at the Pclice Station with
new motorized doors at a cost of approximately $550 to be
charged to the 1965 Town Offices and Cary Memorial Build-
ing.
Mr. Carroll reported he had arranged a meeting with
Mr. Horgan, State Department of Public Works, on Thursday,
December 2, 1965, at 10:00 A.M. in Mr. Horgan's office Route 2 &
to discuss the subject of Route 2 and Worthen Road. Worthen Rd.
Letters from Eugene J. Heft, Carriage Drive, and
Irwin G. Leviton, 4 Essex Street, requesting installation
of street lights, had been referred to Mr. Carroll. Street
Mr. Carroll stated he would take care of these. lights
The Chairman read a letter from Bruce Currie,
7 Abbott Road, requesting permission to take some old
cobblestones from the Sanitary Land Fill area to place Cobblestones
at the edge of his lawn for protection.
The Chairman said the Board does not allow items
to be taken from the dump and asked if these cobble-
stones were something Mr. Carroll could use for a curb.
Mr. Carroll replied in the negative, and said they
could be used for a private way which Abbott Road is, and
he wo.zld have no objections.
Mr. Burnell stated he thought the Board should not
deviate from the rules it has adopted.
Upon motion duly made and seconded, it was voted
to deny the request, it being the feeling of the Board
that to grant it would establish an undesirable precedent.
Request was received from the Metropolitan Building
Movers Co. for permission to move a building onto lot #66
Webster Road.
Mr. Carroll reported he had looked at this and it
was all right. Permit
Upon motion duly made and seconded, it was voted
to grant the Metropolitan Building Movers Co. iermission
to move a building down Route 2 to lot #66 Webster Road,
subject to the usual requirements.
Requests were received from the Metropolitan Building
Movers Co. for permission to move two buildings onto Wood
Street.
Mr. Carroll said he would look at these and report
to the Board next week.
Permit
406
Ration
Board
Mr. Mabee suggested, and the Board agreed, that in
the future a copy of all requests for permission to move
buildings should be sent to the Building Inspector.
Governor Volpe's letter with reference to appointment
to a local Ration Board was held over.
The Chairman asked if the Board felt this was some-
thing it should refer to the Civil Defense Director for
recommendations.
The Board agreed it was, and the Chairman said he
would write Mr. Burrell for his recommendations.
The Civil Defense Report of Power Failure, November
1965, was held over..
The Chairman stated the section the Board has to
concern itself with is the recommendations, and he thought
these could all be taken up at budget time.
Mr. Sheldon said, assuming the Board is going to
do something about emergency power for this building and
Civil Cary Memorial Building, which is certainly a budget item,
Defense he would like to ask some questions. He asked if there
was any possibility the generator could be purchased
through Civil Defense. He understood this type of equip-
ment. was government surplus and he thought a new one would
cost $13,000.
Mr. Carroll reported he obtained a price of $10,000
on a generator that will serve both buildings.
Mr. Gray said he would have a report on the radio
communications for an article in the warrant.
The Chairman said the Civil Defense report would be
kept on file.
9,
The Chairman read a letter from George A. Tolland,
24 Forest Street, complimenting the Design Advisory Board
on its plan for Lexington Center and asking the Board
to adopt Plan C.
The Chairman said he would acknowledge Mr. Talland's
Lexington letter and state he assumed Mr. Tolland was recommending
Center adoption of Plan "B".
Letter was received from Alvin L.
23 Peacock Farm Road, urging the Board
Committee', plan for Lexington Center,
to each member of the Board.
The Chairman said he would send a
to the committee.
Schmertzler,
to support the
and a copy mailed
copy of the letter
Notice was received from the Middlesex County Select -
Meeting men's Association's Annual Meeting to be held at the Lord
Wakefield Motor Hotel, Wakefield, on Wednesday, December 1,
1965.
Upon motions duly made and seconded, it was voted
to grant the following licenses:
Colonial Garage, Inc. 1st Class Agent
Licenses Dunn t'ord Sales, Inc. 1st Class Agent
1
Busa Bros. Liquors, Inc.
Connors Bros. Inc.
Lexington Liquor Mart, Inc.
Package Goods Store
Package Goods Store
Package Goods Store
407
Upon motion duly made and seconded, it was voted
to deny application for a Taxi Driver License received License
from John Joseph Woods, 19 Cibrdon Street, Somerville.
Upon motion duly made and seccnded, it was voted
to deny applica,;ion for a Taxi Driver License received
from William Edward Murphy, 14 Massachusetts Avenue,
Lexington.
Richard B. Jenkins Taxi License
Robert Bjorkgren Taxi License
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on November 15, 1965.
License
Minutes
The Chairman read a letter from Governor Volpe
giving notice of a hearing to be held on December 6,
1965, on proposed changes in the Civil Service Rules. Civil
The Chairman said Mr. Gray should represent the Servide
Board at the hearing and suggested that Chief Corr
might be interested in attending.
Mr. Legro said two weeks ago he presented a deed
from the Town to The 1775 Realty Trust to convey Parcel
A, which is the Depot Square parcel. He has been informed
that the owner is ready to start constructic;n of the
Massachusetts Avenue foundation wall. He will probably
not have the full release of Edison Way within that period Parcel A
of time and if not, it was already decided to convey only Depot Sq.
a part of the parcel in Depot Square. He said he had a
deed here for that purpose and suggested to the attorney
for the owners that the deed be held for a reasonable
time until it can determine what will be the outcome of
Edison Way. He said he was sure that would be clOared.
Upon motion duly made and seconded, it was voted
to execute the deed as presented by Town Cc:unsel convey-
ing Parcel A (Depot Square) to The 1775 Realty Trust.
The Chairman said, with reference to the Salary
Study Committee, that he believed the Board agreed the
committee should consist of the Chairman of the Board
or his designee; Chairman of the Appropriation Committee,
or his designee; Chairman of the Town Meeting Members Salary
Association, or his designee; two qualified citizens of Study
the Town. Committee
Mr. York, Chairman of the Town Meeting Members
Association, suggested Sidney Williams.
Mr. Sheldon asked if this was the Association's
appointee or if Mr. York was suggesting the name to the
Board.
408
Mr. York said hews qualified, as President of
Transonics.
The Chairman said the Board would consider Mr.
Williams as one of the two men the Board is appointing
from the citizens of the Town. He asked if Mr. York
wanted to serve on the committee himself.
Mr. York asked if the committee would run for a
couple of years or a few months.
Mr. Mabee explained it is a permanent committee.
Mr. Sheldon asked if Mr. Williams would be Mr. York's
designee, and he replied in the affirmative.
The Chairman said one name suggested last week
was Neil Chapman.
Mr. Burnell said he had discussed this with Earl
Sukeforth who said he could not do it as he thought he
was not qualified in this phase of personnel. He did
suggest Dean Beatty as being an excellent choice.
Mr. Burnell said he would check with Mr. Beatty
and the Chairman agreed to contact -Neil Chapman.
Mr. York stated a meeting has been scheduled with
the Historic Districts Commission in regard to a sign
for the Public Facilities Building and he was still
confused about the type of sign the Board of Selectmen
and Department of Public Works feel should be made.
Mr. Carroll reported that the architect, Harry
Erickson, asked him for a copy of the plan showing the
sign previously approved for the Common and Malt Lane.
He called the sign company and it was sent to Mr.
Erickson over a week ago.
Mr. York said the Chamber of Commerce has sug-
gested that the word historical not be used because
the Chamber of Commerce dispenses much information
that is not actually of an historical nature. The
Chamber suggested just Information Center.
The Board concurred with the suggestion.
At 830 P.M., Messrs Aiden L. Ripley, Donald E.
Nickerson and Wilbur Jaquith met with the Board with
further reference to the house at 572 Massachusetts
Avenue.
Mr. Ripley said within two or three days he had
been doing a little further reasearch on this, looking
back into some material, and Mr. Jaquith presented him
with Hudson's History of Lexington. He said the back-
ground of this house becomes a little more interesting.
He recited the history of the house from 1822 when it
572 Mass. was purchased by Peter Blodgett from Eli Robbins.
Avenue Mr. Ripley said last Friday evening there was a
meeting in East Lexington in the Community Center,
Follen Church, attended by thirty-five people. He gave
the group some background of the history of the house and
what proceedings had been taken up with. the Board of
Selectmen. At that meeting a petition was circulated
relative to saving the house. He gave the petition
to the Chairman.
1
4O!
Mr. Ripley gave each member of the Board and Town
Counsel a draft of an agreement which he said he be-
lieved could be done and it would make it possible
to get the man in there who owns the land directly
at the rear of the house.
The Chaiman said the Board has the right to sell
the house.
Mr. Legro stated the Board took the position that
if it was going to arrange to have the building demolished,
it could save the demolition expense by permitting someone
to remove it.
The Chairman asked if the agreement submitted by
Mr. Ripley was sonething Mr. Legro could give an opinion
on at this time or if he would like time to study it.
Mr. Legro relied he would like to take some time.
It appeared to him like the sale of a building which is
next to realty involving severance without severance.
He said he believed the Board could sell it with the
agreement it could be severed from the realty and be
removed. He said he did not think the Board could
sell it and agree to have it affixed to the realty.
Mr. Jaquith stated the pOrpose is to bring down
to the simplest possible terms the means of getting
Mr. McGirr into the house with the right to fix the
house, not tie the Board's hands so at any time it
could get the land back within a reasonable period
of time. He said if the Board feels it can go along,
there probably is some way to do it. It might have to
go to Town Meeting. He said there should be some way
to do this. He said the Commonwealth can own land
which, at the end of the lease, the real estate reverts
to the Commonwealth, and there must be some way of doing
this as far as t he Town is concerned. He said this
may be a sale with deferred right of removal.
The Chairman said it was Town Counsel's opinion
that the Board could lease up to five years, not further,
and not give any options for a lease.
Mr. Legro said there were some implications in the
draft that he would like time to think about.
Mr. Jaquith said they want to find some way to keep
the house where it is. There is an individual who will
keep it in a respectable condition. He has seen the
draft and is willing to accept it on these terms.
Mr. Legro said he assumed, if such an agreement
were entered into, there would be nothing to prevent the
Board from entering into it and giving notice to remove the
house in six months.
Mr. Ripley said the man did not think anycne would tell
him to sign this and then put him out. He will keep up
his end of it and is anxious to get to work on the house.
The Chairman said he thought Town Counsel should be
given time to look at this draft and give the Board an
opinion of what it can do.
410
Mr. Ripley said this man is interested in keeping
this as an old house and it would never became a modern
house.
Mr. Jaquith said as far as the East Village is con-
cerned, this house has as much historical significance as
any house down there. It was built in the era when the
fur business was thriving.
Mr. Ripley said while this is not one of the great
houses, it fits in so well it is a part of the Town, a
part of Massachusetts Avenue. It will stay just as it
is. He said he thought the village should be kept the
way it is.
The Chairman stated at this time the Board will have
Town Counsel take a look at the draft and advise it of
what avenues it can take and let Mr. Ripley know.
The group retired at 9:00 P.M.
Mr. York said the Flag Raising Ceremonies at the
Public Common yesterday certainly indicated the necessity for
Address a better public address system.
System ,The Chairman said he had discussed this very subject
with the•Town Celebrations Committee, would follow it
through, and see that steps are taken to correct the
situation.
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 legal matters with
Town Counsel, it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 11:10 P.M.
A true record, Attest:
SELECTMEN'S MEETING
November 27, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Bulling, on
Saturday, November 27, 1965, at 9:30 A.M. Chairman
Cole, Messrs. Burnell, Gataldo and Sheldon were present.
Mr. Gray, Executive Assistant, and Miss Murray, Executive
Clerk, were also present.
Budgets were acted upon
as follows:
Requested Approved
Selectmen's Expenses $ 4,445. $ 4,695.
(Unclassified increased $250.)
Out of State Travel 350. 500.
Fire & Police Medical 4,000. 4,000.
Director of Guides 1,500. 1,500.
Town Clerk's
Vital Statistics 100.
Parking Meter 150.
Out of State Travel 200.
Foreclosure & Redemption 100.
Administration of Trust Funds - Expenses400.
Board of Appeals - Personal Services 2,238.
Expenses 2,150.
Planning Board Personal Se rices 13,158.
Expenses
Group Insurance
Town Insurance
Printing Town Report
Selectmen's Elections
Town Clerk's Elections
Registration - Personal
Expenses
Appropriation - Expenses
Capital Expenditures Comm.
Standing School Bldg.Comm.
Town Celebrations. Comm.
Historic Districts Comm.
Tax Collector - Expenses
Metered Mail
Accounting - Personal Services
(Added $9,000 for Comptroller)
Expenses
Out of State Travel
Services
- Expenses
- Expenses
- Expenses
- Expenses
7,000.
60,200.
65,000.
3,300.
12,059.
1,500.
3,500.
3,650.
3,755
75.
500.
5,20o.
450.
2,575.
5,500.
16,722.
2,127.
100.
100.
150.
200.
100.
400•
2,238.
2,150.
13,158.
7,000.
60,200.
65,000.
3,300.
12,059.
1,500.
3,500.
3,650.
3,755.
75.
500.
5,20o.
450.
2,575.
5,50o.
25,722.
2,127.
100.
Requested
Board of Assessors Personal Services 24,848.
Expenses 2,625.
Professional Ser. 4,000.
Out of State Travel 200.
Board of Health - Personal Services 12,517.
Out of State Travel 250.
Engineering 500.
Animal Inspector -Personal Services 1,270.
Expenses 1,030.
Dental Clinic Personal Services 7,560.
Expenses 800.
Police - Parking Meter Maintbnance 400.
Out of State Travel 350.
Dog Officer - Personal Services 750.
Expenses 700.
Ambulance - Expenses 650.
Fire Department - Out of State Travel 200.
Forest Fires 500.
Civil Defense - Out of State Tavel 225.
Inspection - Expenses 1,890.
Out of State Travel 175.
Weights & Measures
Personal Services 1,500. 1,500.
Expenses 545. 545.
Approved
24,848.
2,625.
4,000.
200.
12,517.
250.
500.
1,270.
1,030.
7,560.
800.
400.
350.
750.
700.
650.
200.
500.
225.
1,890.
175.
At 11:10 A.M., Mr. Deane S. Stevens, 26 Cushman Street,
Augusta, Maine, met'with the Board relative to the position
of Municipal Accountant as advertised in the Boston Sunday
Globe on November 14, 1965.
The Chairman said he knew Mr. Gray had discussed the
subject with Mr. Stevens, and he, Mr. Stevens, knew what the
intention is. He stated the Board hopes to have the posi-
tion of Comptroller. Due to the statute, the Town is work-
ing under now, there is a Town .;Accountant appointed for three
years. He stated everything being done is being done with
the Accountant's knowledge. He said the bill establishing
the position of Comptroller has been passed and is waiting
Comptroller for the Governor's signature. Then it will go before the
interview Town Meeting to create the position of Comptroller. He ex-
plained until Town Meeting votes on this, there is no position.
He said prior to April 1, the position of Comptroller could
not be in existence and therefore the person appointed would
not be a Comptroller, as such. He said from reading Mr.
Stevens' resume, there was no doubt in his mind but that
he would qualify. He said the Board does have a problem
1
on the financing of this, and explained the department
cannot exceed in January, February and March the average
monthly expenditures of the last three months of the pre-
ceding year. He asked when Mr. Stevens would be available.
Mr. Stevens replied around the first of the year,
in fairness to the City of Augusta.
Mr. Sheldon asked if the City understood he was
now looking for another position.
Mr. Stevens replied the former City Manager knows
but to his knowledge, his present employer does not know.
He said he had not given any notice.
Mr. Sheldon asked how much time would be required
by the City, and M. Stevens replied out of fairness, he
would want to give from three to four weeks.
The Chairman said if the Board could find a way to
do something before the first of the year, he would let
Mr. Stevens know. He said the Board understood Mr.
Stevens would want to give a month's notice.
Mr. Stevens said it would be fair; Maine is similar
to Massachusetts and the budgets are somewhat similar.
Mr. Cataldo said Mr. Stevens had been in four separate
fields.
Mr. Stevens explained some years ago, the man who was
a member of the Legislature and also the Town Treasurer and
Tax Collector died suddenly and his wife did not want to
continue. He said he was asked to take the Treasurer's job
and that is how he got it. He said this was a part-time
job that he did evenings and weekends. He was Office
Manager for an automobile truck dealership, at which time
he lived in Strong. The opportunity in_Portland came up
and he applied for that. There were thirty-one candidates.
Mr. Cataldo asked when he was selling insurance.
Mr. Stevens replied in 1948 up until the time he went
to Maine and he did continue his license in Maine.
Mr. Stevens said he started in the Savings Bank as an
office boy, worked up to Clerk -Teller, and when he left he
was head of the miscellaneous services.
Mr. Cataldo asked if he was a mminber of the depart-
ment.
Mr. Stevens replied he was head of the department -
Dime Savings Bank of. Brooklyn and he left that to go into
the life insurance business in New York. He explained
he went to Maine on a vacation and liked it. Mrs. Stevens
wanted to move to the country for their two children and
they saw something they liked and decided to move to Maine.
Mr. Sheldon asked about the population of Strong, and
Mr. Stevens replied 1,000.
Mr. Cataldo said Mr. Stevens was in the banking field
during the depression and Mr. Stevens replied in the affirma-
tive.
Mr. Stevens said he graduated from High School, went
to the Ameriaan Institute of Banking, took two courses in
accounting, took foreign exchange in banking. He said
he also went to Columbia University where he tookkbusi-
ness law and psychology. He took, through the Chrysler
Corporation, a business management course and graduated.
Through the City of Portland, he took a course conducted
for the personnel sponsored by the International City
Managerst Association. HE said he did very well on that
and received a good report. Hetas attended all the tax
schools in the State of Maine. He said he thought the
most important thing he found in accounting is that muni-
cipal accounting is very different from business accounting.
Mr. Sheldon asked if there was an agency fee involved.
Mr. Stevens replied according to the advertisement
it said the fee was to be negotiated.
Mr. Gray stated there is a fee involved of $801.
Mr. Stevens said he has never met the agency but is
registered with it.
The Chairman said Mr. Stevens only pays if he gets
the job.
Mr. Cataldo asked if Mr. Stevens drank or smoked,
and he replied that he does not smoke but does take an
occasional drink.
Mr. Cataldo asked, as far as references were con-
cerned, what Mr. Stevens would be willing to provide.
Mr. Stevens replied any kind the Board wants.
Mr. Sheldon said it would be unfair to go to the City.
Mr. Cataldo asked when the Board oould go to the City.
The Chairman said he thought the Board could forget
this for the time being.
Mr. Cataldo asked information on the previous relations.
Mr. Stevens gave the following:
George Anderson, now retired, whom he was
directly under. Mr. Anderson was the Director
of Finance. He lives on Front Street.
Daniel B. Felix who was the Chairman of the
Finance Committee, 25 Hollis Road, Portland.
Joseph Hakanson, Vice President of the Canal
National Bank, Middle Street, Portland.
James Niles, represented the Credit Bureau of
Portland, 10 Congress Square, Portland.
F. Ardine Richardson, first Selectman and Town
Manager in Strong; a former Speaker of the
Maine House of Representatives. He is in
Strong, Maine.
Clerk of Strong, Raymond D. Norris, Strong, Maine.
Former employer at the automobile agency,
Clifford J. Beisaw, North Jay, Maine.
William. Steinhardt, public relations man for
Bentley School of Accounting. He was acquainted
C)
1
1
with him through the Toastmasters International.
Mr. Cataldo asked if Mr. Stevens belonged to any
organizations, and he replied Kiwanis, Fellowship Beeak-
fast, Boy Scout work.
Mr. Cataldo asked if Maine had a Director of Accounts.
Mr. Stevens replied in the negative, and explained
each municipality can determine who it wishes to have audit
the books.
Armand SanSoucie is Auditor in Augusta. In Portland,
it was a private firm and he said he would obtain the name
for the Board.
Mr. Cataldo asked Mr. Stevens what Church he attended,
and he replied the Winthrop Universalist Church.
Mr. Sheldthn said he did not think the Board would
write the State Auditoryin Augusta because that would be
unfair to Mr. Stevens.
Mr. Sheldon asked if Mr. Stevens had any questions
he would like to ask the Board.
Mr. Stevens asked, in view of the fact the Comptroller
bill does not exist, what the situationwould be from the
time someone domes in there until it does exist.
The Chairman said the duties would be the same. The
title would not be Comptroller. He stated regardless of
what happens, the dutiescwould be in the Accounting Office
taking care of the books.
Mr. Sheldon said there would not be any friction
with the present encumbent.
Mr. Stevens said he understood that. He said the
Town's accounting setup now, the Treasurer and Tax Collector
are separate and operate on their own.
The Chairman explained these are elected officials.
The Tax Collector is one and theTreasurer and Town Clerk
are one, although there have been some thoughts of changing
this. He said these offices may resin. the way they are
or may change but that would not affect the Comptroller.
Mr. Stevens said he understood the Board is considering
automation, machines, etc._
The Chairman said the Board has discussed it.
Mr. Gray said hertold Mr. Stevens a proposal had been
submitted but not acted on. Some day, he was sure, the
Town would come to it.
Mr. Stevens said he would be albe to eope with it
once the system is set up. He said experience does not
always show that one saves on personnel with machines. He
said once the machines are used, many other uses are found
for them; for instance, the voting machines. He said
this enables the Registrars to go almost to the end of the
time before they have to make up a voting list.
The Chairman asked if Augusta was a very political
city, and Mr. Stevens replied in the affirmative. He said
officially it is nonpartisan.
Mr. Stevens asked about obtaining a home in Lexington,
and the Chairman said rentingis expensive.
Mr. Sheldon pointed out that living in Lexington is
not a requirement.
Mr. Stevens said, with reference to the fee, some
understanding nn that might be appropriate.
Mr. Gray explained in many cases, it is discussed
with the company. In many eases, an agreement is made
with the employee whereby once he has served six months if
he is satisfactory and stays with the Town, he will be re-
imbursed for the fee which he initially pays.
Mr. Sheldon asked if such an arrangement would be
agreeable.
Mr. Stevens said he thought it would be fair.
Mr. Sheldon suggested that the Board have some
time to check references and tentatively talk to Mr.
Stevens in a couple of weeks again. He said in a couple
of weeks, the Board should have most of the answers back.
Mr. Stevens also gave as reference, former Treasurer
and Tax Collector of Augusta, Alfred J. LaCasse, 2 Jefferson
Street Place, Augusta.
Mr. Stevens retired at twelve noon.
It was agreed to hold budget meetings as follows;
December L 9:00 A.M.
10:30 A.M.
11:30 A.M.
11 9:00 A.M.
18 9:00 A.M.
9:15 A.M.
9:45 A.M.
10:15 A.M.
Police Department
Fire Commissioners
Building Inspector
Public Works
Clerk and Treasurer
Board of Assessors
Civil Defense
Cemetery Commissioners
The meeting adjourned at 12:15 P.M.
A true record, Attest:
9
tiv $&erL, Selectd en
1
411
SELECTMEN'S MEETING
Novembr 29, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, November 29, 1965, at 7:30 P.M. Messrs. 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. The Chairman, Mr. Cole, arrived at 7:45 P.M.
Mr. Burnell acted as Chairman and declared the hearing
open upon petition of the Boston Edison Company and the
New England Telephone and Telegraph Company for permission Pole
to locate two poles on Alien Street. location
Notices of the hearing were mailed to the petitioners,
owners of property listed on the petitioners' plan and also
filed with the Superintendent of Public Works.
Mr. Serverson, representing the Boston Edison Company,
and one other gentleman, who did not give his name, were
the only persons present at the hearing.
Mr. Serverson explained this is a relocation to supply
service to the new Evangelical Covenant Church of Cambridge.
He reported that the original request has been changed to
everyone's satisfaction and the proposed locations have been
approved by Mr. Carroll.
The hearing was declared closed and upon motion duly
made and seconded, it was voted to grant the petition and
sign the order for the following j/o pole locations:
Allen Street, easterly side, approximately 916 feet north
of Blossom Street, --
One pole.
(One existing j/o pole to pe removed.)
Allen Street, westerly side, approximately 906 feet north
of Blossom Street, --
One pole.
Mr. erverson retired at 7:33 P.M.
— The following individuals were.drawn for Jury duty:
John A. Mercurio, 27 Dane Road, and Fletcher Ashley,
6 Moon Hill Road.
The Chairman read a letter from Vincent J. Panico,
attorney for Arthur Zani, 68 Hillside Avenue, Arlington,
claiming damages against the Town, due to damage to his
1964 Oldsmobile by an object protruding from the ground
at the corner of Lowell and East Streets.
Mr. Legro explained this is a claim for a highway
defect of which he received a copy. He said there is
no action to be taken by the Board at this time.
Jurors
Claim
41'2
With reference to decision to be made relative to
the house at 572 Massachusetts Avenue, Mr. Sheldon said
he did not believe any action should be taken until all
572 Mass. members of the Board were present. He said he would
Avenue like to know Town Counsel's opinion on the agreement
submitted by Mr. Ripley last week.
Mr. Legro stated he has done some work on this but
thought it would be futile to go into it unless the entire
Board was present.
The Chairman read a letter from the Lexington Food
Market complaining about the attitude of the garbage
collector.
Mr. Carroll suggested that the Board advise Mr. Grigor
that he would check into the matter and try to take care
of it.
Requests from the Metropolitan Building Movers Co.
Permits for permission to move three buildings were held over.
With reference to the proposed route from Marrett
to a new location in Lincoln, Mr. Carroll explained
that it is all State highway and therefore the Board need
not take any action. He said he has explained to the
mover that it will be necessary for him to obtain a permit
from the State.
With reference to the request for permission to move
a building from the Town of Lincoln to lots 307 and 308
Wood Street, Mr. Carroll had no objection. He said in
order to do this., the mover has to go on private property,
215 Wood Street. He reported he received a letter from
Mrs. Miller, owner of the property, stating she has ap-
proved the house crossing her driveway.
Upon motion duly made and seconded, it was voted
to grant the request subject to the established conditions.
Mr. Carroll, in reference to the request for permission
to move a building from 2935 Massachusetts Avenue to a lot
on Wood Street, at the Schumacher farm, said it was all
right as far as the Town is concerned. Mr. Mazerall is
concerned about the fact there are some private trees that
have to be cut.
It was agreed to advise the Metropolitan Building
Movers Co. that there are some tres on private property
that will have to be cut and until they receive letters
from the owners stating they have no objection, the Board
would take no action on the request.
Mr. Legro stated he had an Order of Taking of the
sewer easement in the McGill property on Cedarwood
Sewer Order Terrace.
of Taking Upon motion duly made and seconded, it was vented
to execute the Order of Taking as presented by Town
Counsel.
1
413
Letter was received from Mrs. Donna N. Ryburn,
Clerk of the first Church of Christ Scientist, relative
to installation of a "Stop" sign on Muzzey Street. Traffic
A copy of the letter had been mailed to each member
of the Traffic Study Committee.
Mr. Carroll reported that he asked Mr. Robert
Adams of the Engineering Department, to make a study
and report tot he Committee.
The Chairman read a letter from Robert L. Lyon
suggesting lights for the parking lot entrance off
Waltham Street.
Mr. Carroll stated he has had an order in for
two lights from the Boston Edison Company on the parking
area since it was built. He said the lights should be
forthcoming shortly.
A letter was received from Jean Baxter, 18 Hancock
Street, with reference to the marsh next to the swimming
pool at the Center Playground, a copy of which was mailed
to each member of the Board. Swimming
Mr. Carroll stated this area is going to be used as
a combination basketball and skating area and was voted
on by Town Meeting last March.
Letter from Brewer & Lord relative to distribution
of insurance commissions was held over. Insurance
Letter was received from the Planning Board, together
with a draft of a letter it recommended to be sent to
high-class department stores in an effort to attract them
to Lexington.
Mr. Caltado said he cculd not see why the Selectmen
should put themselves in this position. He siad the Board
would be writing these people, asking them to come to Lex-
ington and asked what it could offer. He said specific
commercial space could not be offered.
The Chairman said such a letter would be putting the
Board in league with the Chamber of Commerce and it is
that organization's responsibility to invite business to
Town.
The Chairman suggested, and the Board agreed, that
this be held over for one week and in the meantime, Mr.
Gray could check with Mr. Zaleski and find out what the
Planning Board expects to accomplish.
Letter was received from the Planning Board recommend-
ing an addition to the staff of the Building Inspector's
Department.
The Chairman said the Planning Board is in favor Building
of a full-time assistant to the Building Inspector. He Inspector's
said the Board could discuss this with Mr. Irwin when Department
he meets with the Board to consider budgets for 1966.
Letter was received from the Board of Fire Com-
missioners requesting that an additional $976.00 be
414
added to the Maintenance of Fire Alarm and Radio in
their 1966 budget.
Mr. Sheldon said there could be a failure render-
ing the Civil Defense service inoperative. He said
Fire there is a brand new compressor purchased a year ago
budget and all that is needed is one new tank. This would
mean the Town would have a standby system.
The Chairman said the subject could be discussed
with the Commissioners when they meet with the Board to
discuss budgets. He requested that a cojy of the letter
be sent to the Appropriation Committee.
Further consideration was given to names to be sub-
mitted to Governor Volpe for appointment to the Ration
Board.
The Chairman reported he discussed this with the
Director of Civil Defense and followed through with the
Chairman of the Board of Appeals.
The Chairman suggested submitting the names of three
Ration members of the Board of Appeals, Messrs. Nickerson, Hoyt
Board and Abbott. He said if they are agreeable these would
be the names he would submit.
Upon motion duly made and seconded, it was voted
to certify the character of Howard A. Norris, Jr., 9
Cert. of Great Rock Road, and applicant for a Certificate of
Inc. Incorporation, satisfactory character reference having
been received from the Chief of Police.
Upon motion duly made and seconded, it was voted
Dump to grant a Yearly Dump Permit to Ira A. Fraser, 17 Jason
Permit Street, Arlington.
Upon motion duly made and seconded, it was voted
to renew the following Common Victualler Licenses:
Woodhaven Country Stores
Pine Meadows Country Club
Daniel Martinez
Upon motion duly made and seconded, it was voted
to renew the following First Class Agent's Licenses:
Auto Engineering, Inc.
Rowe Chevrolet, Inc.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver License to Paul G. Cunningham,
133 Bedford Street, Lexington.
Upon motion duly made and seconded, it was voted
License to deny application for Taxi Friver License received
denied from Eugene L. Peterson, 529 King Street, Littleton
Common, Massachusetts.
Upon motion duly made and seconded, it was voted
to renew Package Goods Store License to Berman's Market,
Package Inc., subject to approval of the Alcoholic Beverages
Goods Store Control Commission.
1
415
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
on November 22, 1965. Minutes
Upon motion duly made and seconded, it was voted
to sign statement of expenditures, in the amount of
$4,500.05 made for or on account of the work covered
by the Memorandum of Agreement between the State and
the Town, Contract 22499, dated August 18, 1965.
The Chairman read a letter, copy of which was
sent to the Appropriation Committee, from the Town Clerk
and Treasurer advising that she needs an additional Transfer
$1,163 for her Personal Services Account.
Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a transfer
of $1,163 be made from the Reserve Fund to the Town Clerk
and Town Treasurer - Personal Services Account.
Chapter 90
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 pt>rson.
Following a conference with Mr. Conroy, attorney for
The 1775 Realty Trust, a discussion with Donald Wilson, of
Wilson Farms, Inc., and legal matters with the Town Counsel,
it was voted to resume the open meeting.
The Chairman said there is the question of a Director
of Guides.
Mr. Gray reported receipt
Burke and Mr. Connelly.
Upon motion duly made and
to appoint Leon A. Burke, Jr.,
effective forthwith.
It was agreed to so inform
licenses guide.
Further consideration was given to the appointment
of a Salary Study Committee.
Mr. Burnell reported he head talked to Dean Beate
and he is unable to do this. He then submitted the
name of Milton Bretscher, 43 Hancock Street, General
Manager of Manufacturing, B. F. Goodrich Company, and
also a past member of the Finance Committee in Arlington.
The Chairman reported he had been unsuccessful in
contacting Neil Chapman.
Mr. Gray reported that Mr. Parrish suggested a Mr.
Richard Bloomfield whose specialty is Salary Director,
American Mutual Insurance Company. He said he thought
Mr. Parrish planned to serve on the committee as a
representative from the Appropriation Committee.
of ta:o applications, Mr. Director
of Guides
seconded, it was voted
Director of Guides,
Mr. Burke and also every
Salary
Study
Committee
416
It was agreed that if Mt. Neil Chapman declines to
serve either the Chairman or Mr. Gray would contact Mr.
Bloomfield.
Upon motion duly made and seconded, it was voted
to appoint Milton Bretscher, 43 Hancock Street, to serve
on the proposed Salary Study Committee.
At 9:30 P.M., the Appropriation Committee 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 w,aich, if made public,
Executive might affect the public security, the financial interest
Session of the Town, or the reputation of any person.
Following a discussion pertaining to the Accounting
Department and Appropriation Committee meetings, it was
voted to resume the open meeting.
The Chairman, with reference to a letter from Mr.
Arnold Stern, 11 Woodcliffe Road, said Mr. Stern did
not like the offer the Board made him on the sewer and
drain easement.
It was agreed to advise Mr. Stern that after a
review of all the facts of the matter, the Board is of
the opinion that the original offer of $25. is fair
and just.
Appo'ntment of a Veterans! Agent was held over for
Veterans! one week. Mr. Gray agreed to send copies of all the
Agent applications to the Board.
Upon motion duly made and seconded, it was voted
to adjourn, at 103:20 P.M.
A true record, Attest:
Cri
cZ
Xio
1
1
SELECTMEN'S MEETING
December 4, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's xoom, Town Office Building, on
Saturday morning, December 4, 1965, at 9:00 A.M. Chair-
man Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
were present. Mr. Gray, Executive Assistant, and Miss
Murray, Executive Clerk, wire also present.
Chief James F. Corr met with the Board to discuss
1966 budget requests. He presented charts showing
population figures from 1954 to 1964 and asked the
Board to make another attempt to make a difference in
the pay scale of the Police and Fire Departments.
He also submitted a valuation chart from 1955 to
1964 with figures of $45,000,000 for 1955 to $173,710,440;
accident reports from 361 in 1954 to 1963, 926 in 1963,
just automobiles; investigaticns of 2287 from 1955 to
4043 in 1964; offenses known to the Police Department,
not including traffic offenses, from 361 to 450; burglary
from 99 to 134; larceny from 199 to 222; auto theft from
57 down to 20; arrests from 399 to 1067. He said the
department had 30 men in 1954 and 32 men in 1964. He
stated the department strength should be 60.8 men on an
national average. He submitted a proposed salary guide
of seven steps and asked the Board to change the Chief's
classification from S-21 to S-23; Captain, S-21; Sergeant
from S-15 to S-17; Patrolmen from S -13-A to S-14, and one new
Captain, S-21
The Chief said he was asking for one new Lieutenant.
One will replace Lieutenant Corr and the other is to create
a new position so there will be a Lieutenant in charge of
each shift. If Lieutenant Furdon is promoted to Captain,
the Chief said he still wants three Lieutenants. The
Captain would be second in command and in charge of the
criminal investigations. He said the two new Sergeants
are only due to the fact the Sergeants would be the ones
to be promoted.
Mr. Burnell sugrested that Mr. Gray and the Chief
go over the personal services' budget reque-ts and make
them conform to the Board's directive, if it does not now.
Mr. Gray advised that a new description would have to
be written for the Dispatchers.
The Chief said if he gets the additional men, he would
like to create one more plain clothes man.
The Chairman asked if the Board was inclined to go
along with the dispatchers.
Mr. Cataldo said he thought there should be $90 to
give the Chief some leeway to hire someone. He said he
thought the job description should be written and the
classification left open.
417
418
The Chairman asked Mr. Gray to work this up with
the Chief and to work on the basis of $90.
With reference to the maintenance man, Mr. Gray
said he gets 5% plus his increment. He explained next
year Step 4 includes the 5% plus the increment. It does
not bring him up to Step 5. He should be in W3-4 which
would still be the same amount of money.
Chief Corr suggested that the Inspectors should be
in the area of the Dog Officer and said if the Board was
going to be fair, he thought the $500 figure is too low.
It was agreed to approve $750 for the Inspectors.
Chief Corr retired at 10:50 A.M.
The Board of Fire Commissioners met with the Selectmen.
Mr. Bailey said the only departure in the Personal
Services budget is the plea again for additional personnel.
He stated over the years the department is absolutely going
Fire Dept. to need additional men and five is nut going to be enough
budget to bring the department up where it should be. Five addi-
tional men will give the department fifteen men on duty
all the time.
Mr. Sheldon asked how many effective call men the
department had and Mr. Fitzgerald replied night time is
good, but day time is very poor. In the day the depart-
ment can count on the Town employees plus four.
Mr. Sheldon asked how many nights, and Mr. Bailey
replied sixi seven or eleven.
Mr. Sheldon asked how many men had been added during
the last five years, and Mr. Bailey replied from thirty-
eight to forty-eight.
Mr. Sheldon asked how many were deducted for decreased
hours, and Mr. ritzgerald replied five.
Mr. Burnell asked how many men were at the Center
station during the day, and Mr. Fitzgerald replied nine.
Mr. Burnell asked how many men they had, actually fire
fighters, not counting those on the ambulance, and Mr. Robbins
replied six or seven.
Mr. Burnell asked what equipment was sent out for a
normal fire, and Mr. Fitzgerald replied two engines, ladder
and rescue; four pieces of apparatus and six men, which means
not one piece of apparatus is adequately manned.
Mr. Sheldon asked how many applications the Commissioners
had on their list, and Mr. Fitzgerald replied seven or eight.
Mr. Bailey said the;r still want to have a third Deputy
eventually, and Mr. Cataldo felt there should be three
Dephties and the Chief should be a good administrator.
Mr. Cataldo said the Board is prepared to approve three
Deputies and if the Commissioners are going to have a third
one, he thought he should be appointed the same time as the
Chief is appointed.
The Chairman said for too many years the Board has
held the line in the interest of economy and has over-
looked the fact the Town is growing and demands for services
are greater. He said how he thought the services should be
1
419
provided. He said he would be in favor of the five new
men and another Deputy Chief Engineer.
Mr. Sheldon asked if the Commissioners intended to
retain the call force if they get the five men, and Mr.
Bailey replied absolutely.
Mr. Sheldon suggested that the Board of Fire Com-
missioners decide whether or not it wants to make a re-
quest for the third Deputy and let the Board know.
The Chairman asked if the salary for a new Chief
Engineer would be different.
Mr. Fitzgerald replied they left it at the same amount
of money. He explained the difference in the salary for
the old Chief and the new Chie' could be used for new men.
The Chairman sug;,ested that the Commissioners make
a decision on the third Deputy Chief Engineer and if it
does request one, he thrught the Board would go along
with it. He said this would have no bearing on the five
new men.
Mr. Fitzgerald said the Commissioners have always
wanted a third Deputy but did not want it to affect the
Board's request for additional men.
Mr. Sheldon asked how many limited duty men the
department had, and Mr. Fitzgerald replied about five.
The Chairman read a letter from the Fire Commissioners
requesting an additional $976 for a new air tank at Cary
Memorial Building.
Mr..Gray suggested that the Appropriation Committee Transfer
should be approached right away and advised that the money
should be made available as soon as possible because of
the insurance.
The Chairman asked Mr. Gray to check with the Appropri-
ation Committee and find out whether or not it will consider
a transfer this year or if it prefers to wait until the
1966 budget is approved.
The Chairman said there is some thought that the Fire
Department and the Town might be better off if the central
Fire Station on Bedford Street were sold and a new one built
on Worthen Road. Fire
Mr. Sheldon said the only reason to justify this is - Station
on the basis of two stations rather than three.
The Chairman said he understood the Town would get
a good price for the old station and the new one would be
built on the Seth property.
The Board of Fire Commissioners left at 12:05 P.M.
Mr. i)onald K. Irwin, Building Inspector, met with
the Board.
The Chairman asked Mr. Irwin how much time the Clerk
in his department devoted to taking dictation, and Mr.
Irwin replied about 10% or 15%.
The Chairman asked about the job description for an
A-5 Clerk.
Mr. Gray replied it would require that she spend more
than 50% of her time taking dictation.
420
Mr. Irwin said if the department is to have an assist-
ant, he would not need the item for a substitute during
vacation period.-
The Chairman said supposing there is no assistant,
and Mr. Irwi# said he thought then the $300 should be put
back in.
The Chairman asked if the Board could expect enforce-
ment of violations if the Department had anEAssiatant
Building Inspector. He said he did not think Town
Counsel should be expected to follow up on all of these
and in most towns a prosecuting officer prosecutes the case.
Mr. Irwin said as these things occur they require
investigation, examination and then counseling.
The Chairman asked how many cases Mr. Irwin had to
take to court this year, and he replied two.
Mr. Sheldon said before Mr. Irwin went to the police
and started legal proceedings, he wants to be sure heis
on sound ground. He asked if, in view of the fact the
Board has discussed this whole problem, there is any way
Mr. Gray could work with Mr. Irwin to the end that Mr.
Irwin gets some cooperation without bothering Town Counsel
in every ease.
Mr. Cataldo said there was supposed to have been a
meeting with Mr. Irwin, the Chief and Town Counsel. He
said a meeting should be arranged and see what is involved.
The Chairman asked if there were not many times when
Mr. Irwin would not have to go to Town Counsel, He asked
why Mr. Irwin, in many instances, could not go to the police.
Mr. Cataldo said he thought -this would all be solved by
a joint meeting. He asked if the Board appointed an assist-
ant whether or not any of these part-time jobs could be
fulfilled by this man.
Mr. Irwin said it depends on what this man is going to
do. He asked if the man would be an electrical, plumbing and
gas inspector or if he would work in the fields of Zoning
By -Law.
Mr. Cataldo said no man appointed would be familiar
with Zoning By -Laws. He said if this person is good
enough to be gas, plumbing or electrical inspector, he
should be able to bring himself up to date on the By -Laws.
He said the plumbing and gas inspectorsr jobs are done
in three or four hours. He said he would like a report
of what Mr. Irwin thinks could be done if the Board
considers appointing an Assistant Building Inspector.
Mr. Irwin said this is a solution that is adaptable.
Mr. Gray said Mr. Irwin cannot give the type and
number of inspections that should be given and fio what
the Board expects him to do on zoning, etc.
Mr. Sheldon said he thought it would make sense to
have a full-time man, and a few calls could give the
Board figures on this budget in some of the surrounding
towns.
Mr. Gray said he could obtain the figures.
Mr. Sheldc;n said the main question is what one of
these jobs can be absorbed.
1
1
Mr. Burnell said the gas and plumbing inspectors
have to be the same one; both jobs require a master
plumber.
The Chairman said the Board should get more facts
and figures and see what the possibilities are.
Mr. Irwin left the meeting at 12:30 P.M.
Mr. Sheldon, with reference to the police budget,
said the Board should decide what it wants to pay the
police, decide what the job is worth, take a position
and then say to the Town, this is what the Board thinks
the Police Department should be paid. If the Town
Meeting wants to pay the firemen, all right.
The Chairman said the Board has created a salary
review board and he was going to stay with the policy
the Board has establidhed for 1966 of which notices were
sent out.
•
The meeting adjourned at 12:4.5 P.M.
A true record, Attests
�[e ive er, Select
421
422
SELECTMEN'S MEETING
December 6, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 6, 1965, at 7:30 P.M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee
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 Chairman reported he received a telephone
call from the Chairman of the Lincoln Board of Select-
men and was asked to take the lead in having the towns
of Lincoln, Concord and Lexington consider the safety
problem existing along Route 2. The Lincoln Board
thinks the matter should be explored and Lexington
should approach the problem and work.with the Department of
Route 2 Public Works to see if Route 2 can be made safer. Lincoln
safety agrees to meet with the Board next Monday.
meeting Mr. Cataldo informed the Board that the Town of
Lincoln is having a controversy with the State Depart-
ment of Public Works on the layout of the Route and is
looking for assistance. He explained the proposed new
route is going right through Lincoln Center.
The Chairman said if the Board wxplores the matter
it can find out what points of safety Lincoln has in
mind. He said he would like to invite the Boards of
Selectmen in Concord and Lincoln and their Chiefs of
Police.
The Board had no objection and it was agreed to
make an appointment for 9:00 P.M. on Monday, December 13,
1965.
Mr. Legro stated Mr. Gray had asked him to prepare
two options regarding the Woburn Street school site, one
for Modoono at the agreed price of $750. He said he had
Modoono prepared the Exercise of Option.
option Upon motion duly made and seconded, it was voted
to adopt the Exercise of Option form prepared by Town
Counsel.
Upon motion duly made and seconded, it was voted
to exercise the Option as prepared and submitted by
Town Counsel.
Mr. Legro said the other option related to the
same site is from Walter F. Toomey and his wife at the
agreed price of $600.
Toomey Upon motion duly made and seconded, it was voted
option to adopt the Exercise of Option form prepared by Town
Counsel.
Upon motion duly made and seconded, it was voted
to exercise the Option as prepared and submitted by
Town Counsel.
Cv
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1
423
Letter received from Mr. Legro with reference to
Chapter 727 of the Acts of 1965 was held over, and a
copy mailed to each member of the Board.
Mr. Legro said the question he was asking the Chap. 727
Board was whether it was proposing this be put on the Acts of
warrant for the 1966 Annual Town Neting. 1965
,Mr. Sheldon asked what this would do to the duties
of the Board of Retirement.
Mr. Legro replied he thought the duties would be
taken away from that Board.
Mr. Legro said he thought the Selectmen should be
aware of the situation if it is going to pt}t this in
the warrant. He explained it is not mandatory that
the Act be accepted.
The Chairman said he would hold this over and dis-
cuss it with Mr. Gray, Executive Assistant.
The Chairman informed the Board he received a tele-
phone call from Mr. Donald E, Nickerson who said he would
persofaally appreciate_it if the Board would hold its de-
cision over with regard to the house at 572 Massachusetts
Avenue, Mr. Mark Bortman, of the Park Commission, will 572 Mass.
have a letter for the Board tomorrow asking if possible Avenue
that something be done to preserve this house. He said
he would be disposed to give him this courtesy.
Mr. Legro said he had some notes he prepared for
discussion with the Board.
Mr. Sheldon asked if they could be mailed out, and
Mr. Legro replied the notes are not prepared in that form.
He explained what he tried to do was find some possibilities
in the sketchn, rough draft of the proposed agreement pre-
sented two weeks ago, but he did have some difficulties in
that respect. He stated this was started with the premise
that the Town's plan was to demolish the property and he
felt if the Town could demolish it, it could make other
similar plans. He said he felt if the transaction goes
beyond that purpose of saving the demolition costs and
involves substantial improvement of the property, the
Board is no longer dealing with an alternative of demolish-
ing for ,saving the Town money. It is then talking about
the sale of substantial property and he thought that may
exceed the authority of the Board to do. In his opinion,
there was an agreement to sell the house itself without
severing the land that is continuing to be real propetty.
He said it could not be taxed while it is in the owner-
ship of the Town. He stated if the Board collects an
amount in lieu of taxes it is in effect collecting rent,
and over.a period of time, it may be leasing it for more
than five years which is prohibited by the statute. He
said he thought the proposition that if the Emerson Road
project is abandoned that the land would be conveyed to
McGirr or he would have the opportunity to buy,it would
be wholly Town Meeting action and something the Selectmen
cannot do. The last paragraph provides that Mr. McGirr
424
may leave the house to his heirs. He could not devise
or sell it as it is the property of the Town.
The Chairman said the Board could not lease the house
for more than five years and asked if it could, in one
swoop, lease it not exceeding five years, the lease not
to be renewed, and that not later than the end of that time,
the house would have to be moved. Within that time period,
the Board, on giving six months' notice, could demand re-
moval of the house. He asked if this was possible.
Mr. egro replied that eliminates all the difficulties
except the question of doing something different than the
demolition of the property. He said the Board would be
dealing with property of substantial value rather than
something that should be demolished or moved from there.
He said then the Board would be talking about the sale
of a piece of property of substantial value annexed to
realty.
Mr. Cataldo said he thought the Board voted unani-
mously it would not lease the house.
The Chairman said he was just trying to find sone
way to settle this. There are major problems and the
Board is spending too much time on this.
Mr. Cataldo said all the Board had to do was vote
to tear the building down. He said the Board has spent
six months now trying to find a snelution.
Mr. Legro said he started out with the proposition
if the Board was going to demolish it. He thought that
was all right if the Board decided to do something other
than that in the interest of saving money for the Town.
The Chairman said the Board wanted it torn down
because it considered the building an eyesore. If
Emerson Road went through, it would have to be torn down.
He said if the Board could get the house to cease being
an eyesore and find some legal way within the statutes to
lease, give it away with the restrictions that the Board
could, by giving a certain amount of notice to get it
out of there, he would consider it. -
Mr. Cataldo said Mr. McGirr has not said what he is
going to pay for this house. Even if Mr. Legro could
find a way, he would be against leasing it for $300 or
$00 a year. This is notfairto the taxpayers. He
said no one has talked to Mr. McGirr as yet and this has
been discussed night after night. He said unless Mr.
McGirr can get his yearly payment up to $1,000, he could
not see this.
The Chairman said Mr. Cataldo was saying the house
is worth $20,000.
Mr. Cataldo explained if Mr. McGirr were to buy the
house and move it, the Board is slaying him $10,000 to $].t1,000
investment, and this is worth something.
Mr. Sheldon said the next step, if the Board is going
to take it, is to pursue what the Chairman outlined. He
said Mr. McGirr may disagree and not wang to pay anything
in lieu of taxes on a five-year basis.
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425
Mr. Cataldo said the Board voted it would not lease
the building,and asked if it was going to rescind that
vote and take a different approach.
Mr. Sheldon said the Board voted under different con-
ditions.
Mr. Cataldo said before the Board wastes any more time,
it should find exactly how much money Mr. McGirr will apy
and what his intentions are.
The Chairman asked if, in the interest of saving time,
the Board would like him and Mr. Gray to discuss t his with
Mr. Ripley and Mr. McGirr other than on the Board's time,
to find out just what this man's intentions are.
Mr. Sheldon said the Chairman should point out any
agreement will be limited to five years.
Mr. Legro pointed out even with the five-year lease
and the provisions hewould remove it, the Board is treating
it differently than a demolition or some action to have the
Town some money as an alternative. He said it would then
be dealing with a piece of property of substantial value.
He advised it is dealing with something beyond the question
of whether the Board has the right to demolish something of
no value and is a detriment to the Town.
Mr. Sheldon said the value at the moment is nil and
the then value would be contributed by the man.
Mr. Legro advised that during that interval, the Town
will have some obligations and expenses by way of insurance,
possible maintenance and by way of reducing income of the
property as it is then constituted.
Mr. Cataldo said whatever is discussed shculd be on
the record so there will be no question with these people
afterwards.
The Chairman said Mr. Cataldo was suggesting that notes
be taken.
Mr. Sheldon said he thought the Chairman's suggestion
was gook, but he thought both parties should be alerted bf
the meeting.
Mr. Douglas T. Ross, 33 Dawes Road, met with the
Board relative to his proposal of $200 for an exchange
of land. He said. it was merely a question of clarifi-
cation on the matter. He received a letter from Mr.
Gray stating the Board had considered his offer of $200
and stating the Board would consider an offer of $300. Ross ex -
He asked why the Board felt it should be $300 when they change of
had already discussed the figure of $200. land
Mr. Sheldon explained part, or moat of the differ-
ence between the $200 and $300, is because the Board
feels that the Town would have some legal expenses in
this transaction, and it felt the extra $100 would take
care of any legal expenses. He stated when the Board
has done its part, the rest of the legal expenses would
be his.
Mr. Ross asked if it was necessary to have it
actually laid out on the ground.
426
Mr. Cataldo said that was correct, and these are
the two areas the Board is concerned about.
Mr. Mabee said the Board knew the Town would have
to spend something and it estimated $100.
Mr. Cataldo advised that the Town would receive
nothing for the land.
Mr. Legro explained there would have to be a plan
filed.
Mr. Ross said then there is paying for a field crew
to go out and put bound stakes in the ground.
Mr. Legro advised this may involve setting of bounds.
Mr. Carroll explained the Land Court would say where
it wants stone bounds placed, and this may possibly require
some field work.
Mr. Legro advised the Land Court will also .say what
it wants for plans.
Mr. Ross asked if there was
anything else involved.
Mr. Legro explained there would-be pro forma taxes
required to be paid by statute.
Mr. Ross asked if he would receive a rebate on the
land to the Town.
Mr. Legro replied he would only be paying one month's
taxes. During the time he is the owner, he will be paying
one month's taxes on the land he previously owned and he
would be paying pro rata. There will.be recording deeds
and documentary stamps. It might be $1..00 on the two
deeds and probably filing fees on the plan of $11.00 or $12.00.
The Chairman asked if Mr. Ross had a complete Under-
standing.
Mr. Ross said the Board did want the $300.
The Chairman said that was correct. He asked if
Mr. Ross understood the reason and he replied in the
affirmative.
The Chairman said the Board would take care of
putting this in the warrant.
Mr. Ross retired at 8:11 P.M.'`
The Chairman read a letter from John M. Ingraham,
35 Hayes Lane, requesting deferment of a sewer better-
ment assessment in the amount of $619.70.
Ingraham Mr. Carroll submitted a plan, indicated Grant
sewer Street, Mr. Ingraham's house, and a paper street between
deferment the house and this particular lot.
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 $619.70, sewer better-
ment assessment levied against Lot l7 Grant Street, owned
by John M. Ingraham, 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` said land. or any
portion thereof is built upon or sold or the facilities
of the sewer main used, at which time, the full amount
becomes due.
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427
The Chairman read a letter from John Litchfield, of
the Bedford Refuse Disposal Study Committee, asking if
the Town Mould be interested in allowing Bedford to jointly
use the sanitary land fill area.
Mr. Carroll said he was absolutely opposed to enter-
ing any agreement with any other Town for the use of the Sanitary
dump. Land Fill
It was agreed to thank Mr. Litchfield for his interest area
and advise him that it has been determined that the present
sanitary land fill area will serve its purpose for a limited
tine only and therefore the Board is not interested in en-
lanrging the dump facilities for other than for the needs
of the citizens of Lexington.
The Chairman read a letter from Donald H. Cohen, 26
Dane Rogd, asking if Mr. Carroll had contacted the Boston
Edison ompany for lights on Dane Road and if so, when
they would be installed.
Mr. Carroll stated the lights have been ordered for Street
quite a while, This location requires a pole that does lights
not exist at the present time and he could not tell exactly
when the lights would be installed, but it would be fairly
soon.
Notice as received from the Department of Public
Utilities relative to a hearing to be held at 100 Cambridge
Street, New State Office Building, on January 11, 1966, at Hearing
10:30 A.M. as to the rates and charges of the New England
Telephone and Telegraph Company.
It was agreed that Mr. Gray should attend the hearing.
Letter from Dr. Frank Davidoff, 19 Meriam Street,
complaining about pigeons at the Boston & Maine Rail- Pigeons
road station platform, was referred to the Board of
Health.
Governor Volpe+s letter relative to appointment of
a Ration Board was held over.
The Chairman reported he had been unable to contact Ration
Mr. Abbott or Mr. Hoyt. Be said if it was agreeable Board
to the Board, he would again attempt to contact them and
if they accept, he would send the names in.
Letter from Allan R. Zenowitz, Director of the State
Civil Defense Agency, with reference to a Continuity of Civil
Government Plan, was referred to Mr. Burrell, Director Defense
of Civil Defense, for a report.
Letter was received from the Outdoor Advertising
Agency advising that the Board of Commissioners has Adver-
voted to approve Carriage Housets request for withdrawal tising
of application for a permit to erect and maintain an ad- sign
vertising sign on Route 128 in Lexington. A copy of the
letter is to be sent to Mr. Legro.
428
At the suggestion of the Chairman, Brewer & Lord's
letter relative to Lexington insurance agents partici
Insurance pating in the commission on the Town business, was held
over.
Upon motion duly made and seconded, it was voted
to conform to the rules and regulations of the Alcoholic
-Package Beverages Commission relative to the sale and delivery
Goods Store of all alcoholic beverages on Christmas Day, Saturday,
sales December 25, 1965, and New Year's Day, Saturday, January
1, 1966.
The Chairman read a letter from Mrs. Edward E. Coye,
`Tart Ave. 53 Taft'Iv'enuirindtmingAthoutritWielhousetto be erected
lots on the lot between 52 Taft Avenue and 58 Taft Avenue
without 150 foot frontage.
Mr. Grgy reported he had checked with the Building
Inspector and the lots were laid out as legal lots
several years ago and recorded, therefore, the building
can be built on them.
Upon motion duly made and seconded, it was voted
Licenses to grant the following licenses: (,,,,ch).
Lex. Motor Inn Common Victualler (renewal.)
Hancock Market n le
Bamboo Hut, Inc. n n n
The Old House n n n
Village Variety n n
Penguin Ice Cream Shoppe n a "
Brewster's Food & Ice Cr.' n
Paul Durkin Taxi Driver
Kenneth Edbauer n a
Application for a Common Victualler License filed by
the Lexington Motor Inn was held over.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meetings -held
on November 27 and 29.
Upon motion duly made and seconded, it was voted
Salary to appoint the following individuals to serve on the
Study Salary Study Committee:
Committee
Lincoln P. Cole, Jr., Chairman, Board of Selectmen
Frank T. Parrish, Jr., Chairman, Appropriation Committee
Sidney B. Williams, Town Meeting Members Association
W. Neil Chapman
Milton Bretscher
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 make public,
Session might affect the public security, the financial interest
of the Town, or the reputation of any person.
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429
Following discussion with Town Counsel pertaining
to a claim, The 1775 Realty Trust, it was voted to resume
the open meeting.
The Chairman said the last order of business was the
appointment of a Veterans' Agent and read through the
applications, copies of which had been mailed to the Veterans'
Board, filed by Curtis W. Purdy, 268 Lowell Street, Agent
Robert E. Sharkey, 9 Hazel Street, Harold J. Foley, 11
Freemont Street, John T. McDonough, Jr., 123 Grant Street,
Richard L. Seegal, 34 Stimson Avenue, Jerome F. Garrity,
30 Garfield Street, Bernard J. Belcastro, Jr., 177 Burlington
Street, Thomas W. Connor, 273 Woburn Street, and Joseph S.
Daly, 143 Washington Street, Arlington.
The Chairman explained that some of the applicants
had not stated shether they were veterans and asked if the
Board'thought this should be cleared.
Mr. Sheldon said he thought the Board should have a
clear statement.
The Chairman asked Mr. Gray to check all applicants
to determine whether or not they are veterans.
Mr. Cataldo said the Board should make a decision
relative to Route 2, and the Chairman asked Mr. Gray to
go down to the -Planning Board and invite them up to the
meeting.
Mr. Cataldo reported on a meeting held with State
representatives.
The Planning Board arrived at the meeting at 9:05 P.M.
Mr. Bryson said the Planning Board had been discussing
this subject, and he submitted a plan entitled "Plan Route 2
Intersection ", and more or less agreed to use the State's
concept and get the best possible solution out of it, Route 2
Mr. Catlado said he would feel better going to the
Bureau of Public Roads because in his own mind he would
feel the Board had done everything possible to get the
best solution for the Town.
The Planning Board, as present, was unanimously in
favor of the Town accepting what exists now.
The Board of Selectmen was also unanimously in favor
of the Town accepting the plan submitted this evening as
it now exista.
The Planning Board retired at 9:45 P.M.
The Chairman mentioned giving the Town employees
the Friday before Christmas off.
Upon motion duly made and seconded, it was voted
to give the departments, under the jurisdiction of the
Board of Selectmen, Friday, December 24, 1965, off, the Employees
same policy as previously established for the Police and
Fire Departments to be followed.
Mr. Mabee was recorded in opposition, being in
favor of granting only half a day off.
430
Upon motion duly made and seconded, it was voted
to adjourn at 9:50 P.M.
A true record, Attest:
pec ivei
Jerk Selectm
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SELECTMEN'S MEETING
December 11, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Saturday, December 11, 1965, at 9:00 A.M. 'Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were
present. Mr. Carroll, Superintendent of Public Works,
Mr. Colella, Assistant Superintendent, Mr. Higgins,
Assistant Town Engineer, and Miss Murray, Executive
Clerk, were also present.
Public Works' budgets for 1966 were discussed and
acted on as follows:
Budget
Dep"t. Public Works
(Snow removal reduced from
$45,000 to $35,000
Sup't. of Public Works 55,289.15
The Board questioned one
Sl -IV Clerk being classi-
fied as S3 -IV; one S2 Max.
Clerk being classified as
S3 -VIII and one 81 -II Clerk
being classified as S-3 II.
Mr. Carroll requested that the part-time clerk, now
ing full time for him and being paid from the Labor
be included in his department budget on a full-time
He said she does not take thorthand, but he dictates
little now as he writes out most of his letters.
Requested Approved
$423,515.05 $413,515.05
work -
Pool
basis.
very
Supt. of Public Works -Expenses 1,933.00 1,933.00
With reference to request for new copying machine, Mr.
Cataldo suggested that Mr. Carroll see the machine now
being used by Itek.
Supt. of Public Works -Out
of State
200.00 :;200.00
Engineering Dep't.-Personal
Mr. Carroll requested
C]e:^k from S-3 V to S-5 V.
69,697.00
reclassification of the Senior
He said she has been performing
the duties of a Senior Clerk and has almost completed her
third year in shorthand course.
The Chairman asked how much of this Clerk's time would
be devoted to dictation, and Mr. Carroll replied no one
in the building, with the exception of the Selectmen's
Executive Clerk, does much dictation any more. He said
he thought the dictation requirement for a Senior Clerk
was obsolete.
Upon motion duly made and seconded, it was voted to
approve classification of S3 -Y! for the Senior Clerk and
Mr. Carroll was requested to refigure his budget.
Engineering - Expenses
(Micro Master Process
omitted.)
Requested Approved
$9,750.00 $3,750.00
Town Off. & Cary Mem. P.S. 18,366.92 18,3)6.92
Town Off. & Cary Mem. Exp. 62,024.00
Upon motion duly made and seconded, it was voted
to increase the item for new chairs for the Selectmen's
Room from $190..00 to $1,500.00. The Chairman was recorded
in opposition. t
Upon motion duly made and seconded, it was voted
to approve the item of $23,600 for airconditioning for the
Town Office Building and the Police Building.
The item for water coolers was reduced from $1,500.00
tp $606,00. Water cooler on first floor of Cary Memorial
Building disapproved.
Public Works Bldg. - Exp.
7,675.00 7,675.00
Highway Maintenance - Expenses
79,950.00 79,950.00
Road Machinery 52,200.00 52,200.00
Saew-Removal 53,500.00 53,500.00
Traffic Reg. & Control 12,600.00 12,600.00
Street Lights 78,000.00 78,000.00
Streit Signs 1,000.00 1,000.00
Sewer Maintenance 20,349.00 20,349.00
Sewer Services 10,700.00 10,700.00
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Garbage Collection $61,458.31 $61,458.31
Sanitary Land Fill - Exp. 38,900.00 38,900.00
Water -Maintenance 32,200.00 32,200.00
Water Services 9,500.00 9,500.00
Park Department - Exp. 28,445.00 28,445.00
Insect Suppression - Exp. 2,500.00 2,500.00
Shade Tree - Expenses 11,500.00 11,500.00
Dutch Elm Expenses 2,950.00 2,950.00
Public Facilities Bldg. -Exp. 512.00 575.00
Item for electricity increased
from $150 to $575.
Mosquito Control 8,100.00 8,100.00
Sewer Const. -Sundry Streets 394,250.00 267,700.00
Trunk Sewers -. 204,600.00 204,600.00
Water Const. -Sundry Streets 39,100.00 19,400.00
Drain Construction 46,400.00 34,400.00
Street Const. -Sundry Streets163,500.00 95,000.00
Street Const. -Capital Outlay 54,000.00 54,000.00
Sidewalk Construction 40,600.00 40,600.00
Mr. Carroll .to write School Committee and ask
if it wants a Baskin Road right-of-way sidewalk.
Curbing Construction
Chapter 90 Maintenance
Chapter 90 Construction
5,000.00
4,500.00
60,000.00
Road Machinery -Capital Outlay87,200.00
Ten,ative Approval.
Mr. Carroll retired at 1:10 P.M.
5,000.00
4,500.00
77,550.43
87,200.00
1433 A
Upon motion duly made and seconded, it was voted
to adjourn.
A true record, Attest:
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431
SELECTMEN'S MEETING
December 13, 1965
A.regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, December 13, 1965, at 7:30 P.M. Chair-
man Cole, Messrs. Burnell, Cataldo, Sheldon, and Mabee
were present. Mr. Carroll, Superintendent of Public
:Works, Mr. Gray, Executive Assistant, and the Acting
Clerk were also present.
Chief Corr, Lexington Police Department, met with
the Board at 7:30 P.M. With him was Officer Richard
MacInnis, who ways dressed in the new type uniform which
the Police Department wishes to adopt.
Chief Corr stated that the Board -jiould notice that
the design of the uniform hadn't been changed. He pointed
out the split in the side of the jacket, they carry the
holster on' the right side; new braid on the right hand Police
side, a small seal on the collar. The badge is brand Uniform
new and has the Town seal. Chief Corr stated the only
change they were making in the uniform is that they would
like a dark blue shirt with a light tie, felt it would
look nicer than all light blue. The hat is year round.
The winter coat would be an open collar reefer -type which
could be worn open or closed.
The Chairman asked if the trousers were year round.
Chief Corr stated the uniform would cost $75. a year to
maintain, and the department would no longer allow them to
purchase their own uniforms, it will replace them.
One complete uniform runs about $75. They will need two
more jackets, and the uhiform will figure about $225
complete. They will still like the approval of the
uniform.
Mr. Lataldo asked about two more blouses, and Chief
Corr replied one is winter and the other is a dress blouse.
Mr. Burnell stated that Chief Corr dwelt quite a bit
on the blouses, and asked how many pal* of trousers were
needed for three years, and Chief Corr replied two pair,
two of everything.
The Chairman stated right now they want to know if
the Board approves, and the reply was in the affirmative.
The question was asked if it would be shown to the
Appropriation Committee.
Chief Corr stated Town Meeting would agree to spend
the $225, and they would start immediately.
At the request of the Town Clerk that one juror be
drawn, the following individual was drawn for jury duty:
John P. Larrabee, 7$ Bertwell Road.
432
Mr. Gray read a letter from Edward J.'Burke, tempo..
nary Wire Inspector, relative to the car allowance, which
Wire he feels is inadequate. Also Mr. Burke states that Mr.
Inspector Jeremiah used a town -owned car and he is using his own oar.
Mr. Sheldon asked why Mr. Burke could not use the
same car as Mr. Jeremiah.
Mr. Cataldo stated Mr. Burke knew what the terms were
when he was hired.
Mr. Burnell stated the travel pay should remain the
same.
It was agreed to have Mr. Gray check this.
J Mr. Gray read a letter from Mr. Fred E. Herson, Jr.,
Secretary to the Lexington Association of Insurance
Agents relative to the allocation of the insurance com-
missions.
Mr. Sheldon asked if the Association was questioning
Insurance the validity of the amount or the allocation, and stated
Commission Brewer & Lord are the agents for the Town, do all. the work.
They have consented to do this, and he felt it sounded a
bit unappreciative. He stated it is strictly up to the
Board, and all the commissions could be given to Brewer &
Lord, that there would be no accounting to them.
Mr. Cataldo wanted to know what they were asking for
and asked why the Board didn't make an appointment for them
to come in and tell them once and for all.
Mr. Sheldonfelt nothing would be gained by it and it
would serve no purpose.
The Chairman stated just because the Town split the
commissions with agents doesn't mean that it is right, and
Mr. Sheldon agreed.
Mr. Catildo felt the Board could make itself much
bettbr.understood if it met with them, and the Chairman
said he felt he laid it on the line before.
The Chairman read the list of insurance people re-
ceiving the commissions.
Mr. Sheldon again stated he didn't see what purpose
would be served by meeting with them.- They are. receiving
about 50%, and he did not think the Town should have to
account for this, and why should the Board waste Brewer &
Lord's time.
Mr. Mabee felt if they met with the Board, its feel-
ings would be felt beyond any doubt.
Mr. Cataldo stated if they give us a hard time, they
will receive nothing.
The Chairman said that it bothered him as he felt
the Board had been very fair.
Mr. Sheldon stated it will be up for review and
they might come up with less.
The Chairman requested that it be left up to him, and
it was agreed to hold over the distribution of commissions.
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433
Mr. Gray stated that the Board did not classify the
Guide Director when he was appointed.
Upon -motion duly made and seconded, it was voted to Guide
classify the Guide Director, Leon A. Burke, Jr., as a Director
Special Employee.
The Chairman read a letter from Anthony S. Fiore, Esquire,
relative to the claim of Lawrence F. Covert and Dorothy C.
Covert, !4.2 Allen Street, Lexington.
The Chairman reported he had received a letter this Clain
evening from Town Counsel requesting that this be held
over.
Letter from the Mystic Valley Gas Company was
read by the Chairman. They are requesting permission
to install a 6" welded steel gas main in Grant Street.
Upon motion duly made and seconded, it was voted Permit
to.grant permission to the Mystic Valley Gas Company
to install a 6" welded steel gas main in Grant Street
subject -to Mr. Carroll's specifications.
The Chairman read a letter from Mr. Ripley with
regard to deferment of sewer betterment levied against
Lots 25 and 26 Follen Road in the amount of $878.12.
Upon motion duly made and seconded, it was voted Deferment
under the provisions of Chapter 159 of the Acts of 1950, sewer
to extend the time for payment of $878.12 sewer better- betterment
ment assessment levied against Lots 25 and 26 Follen
Road, 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. If the land is built upon or sold, the
entire amount becomes due.
Form was received from the Secretary of State on
behalf of Vincent R. Herterick, 177 Concord Avenue, Lex- Cert. of
'ington, for a Certificate of Incorporation. Inc.
Upon motion duly made and seconded, it was voted
to certify the character of Vincent R. fferterick, satis-
factory character references having been received from
the Chief of Police.
Letter was received from Raymond E. Borden, Master,
Simon W. Robinson Lodge, A.F. & A.M1, requesting permission
to use the streets of Lexington for a public procession Permit
from the Battle Green Inn to the First Parish Church,
under the escort of the Linn Village Drum Band, on
Sunday, June 5, 1966.
Upon motion duly made and seconded, -it was voted to
grant the request.
434
The Chairman read a letter from Sergeant Maurice E.
Woodward, Lexington Police Department, requesting retire -
Retirement ment from the department, effective February 1., 1966.
The Chairman stated that this would be processed
through the Board of Retirement, and Mr. Gray was asked
to check this out.
Letter from Maurice D. Kealy submitting his resig-
nation from the Town Celebrations Committee, effective
Resignation at once, as there will be no meetings of that committee
until January 6, 1966.
The Chairman askec the Board to be thinking about
a replacement for Mr. kealy, and the question was asked
if the individual would be a man or woman, and the answer
was a man, as there are three women_ on the committee at
present.
The Chairman read a letter from Franklyn Crosby,
2S Blossom Street, Lexington, complaining about the
condition of the site of the Hunt Block property.
As Mr. Crosby was present, he was asked to give his
reasons for the complaint, and he stated he was down
there tonight and the fence is not complete at the back
of the property, where the bulldozer is, that anyone
Hunt Block could fall, the lighting was insufficient, and it
would be easy for an accident to happen.
The Chairman stated the Board of Selectmen has no
right to tell the owners to do any more than they are
doing now.
Mr. Crosby asked about the Building Inspector and.
the Chairman stated he has made the inspections, and if
they ars normal hazards, they are known to him, that
normal safety precautions are being taken care of, and
Mr. Burnell added, to the Boardls satisfaction.
Mr. Crosby retired.
The Chairman read a letter from James F. Corr, Jr.,
Chief of Police, relative to appointing Stanley R. "athisen,
48 Monmouth Street, East Boston, a Special Police Officer
at the Lexington Trust Company to control traffic in
Special the rear of the Bank onto Muzzey Street.
Police Chief Corr, being present, reported that Mr.
Officer Mathisen was no longer employed at the bank and asked
that the request be withdrawn.
Mr. Gray left the meeting at 8:10 P.M. to attend
the Appropriation Committee meeting.
At 8:10 P.M., Mr. Ernest Giroux, the corner of the
Central Block, met with the Board.
Mr. Giroux stated, since Town Meeting defeated their
proposals, they have worked on various plans', and the
best one they have come up with is a one -floor commercial
building. They are not interested in office space. This
past week they received the first preliminary plan from
the architect, which is a very simple plan so the Board
1
435
can see the construction possibilities. There is a five-
foot roof overhang on four sides. This was done for two reasons:
1) to provide protection for the buying public from the
elements, and 2) the architect feels it will help to give
appearance to the building which is extremely difficult to
do. He stated he hoped that the Minute Man Park realty
Trust and the Town would come to some agreement, all the
plans, being based on that assumption. The land area is
a square, has an angle on Depot Square side, is 135 feet
on Massachusetts Avenue, goes back 157 feet to Depot
Square. He stated this is a large square, and makes the Central
problem a difficult one. The Trust has had five sets of Block
plans now, had attempted to have an arcade through the
building, but professional advice said not to do it.
The Chairman felt that would be a matter for the
Historic Districts Commission.
Mr. Girou]t stated they could not build a new building
unless it was economically feasible, and showed the plan to
the Board, only to show.what the construction idea is, and
assuming they would reach some agreement with the Town on
the land. He stated the roof would project over the side-
walk.
The Chairman stated the Board would give them prelims-
nary approval at this time, as that is what they are asking
now, and asked that the plan be left with the Board.
Mr. Cataldo asked what the Trust's attitude was towards
the wide -sidewalk, and Mr. Giroux stated they were not op-
posed to it. He mentioned the five spaces the taxi stand
uses, as he stated there would be no parking in front, as
the wide sidewalk eliminates the parking.
Mr. Mabee asked how far t hey were from the wide side-
walk, and Mr. Carroll replied in that particulAX, area, the
agreement reached was that the layout would be 90 feet
wide there. Throughout the rest of Massachusetts Avenue
is 100 feet. That was the vote of the Board two years
-ago.
Mr. Cataldo asked what his feeling was in releasing
ten more feet of lands
Mr. Giroux stated a 15 foot strip in exchange for the
land in back, and said no request has been made to them,
that he would bring this proposal to the group.
Mr. Cataldo stated if the Town uses the Trust's land,
they would not be in favor•of the wide sidewalk.
Mr. Giroux stated they would wait and see how it worked
out, and would be happy to discuss it; they would like to do
something as soon as possible.
Mr. Giroux retired at 8:25 P.M.
The Historic Districts Commission met with the Board.
Mr. Donald Grant stated the commission met here last
Wednesday night upon application of the Public Facilities
Building Committee. He stated there are two phases: Lights
to go on the exterior of the building, and 2) for a sign
which would direct the people's'attention to the building.
436
He stated he felt a sign of the same dimensions and the same
general layout as the one erected by the Town for the Muni-
cipal Parking area would be acceptable. It points up Meriam
Street to the Parking Lot. He felt there are many signs
around the Battle Green without two additional signs. The
sign would point solely to the building by relettering the
one sign and let that serve the purpose of both signs. It
would point to both, would be a double faced sign. If this
did not turn out to be satisfactory, there would be small
signs to be set in the grass. Be stated both Mr. York and
Mr. Burnell were pleased with the solution. He said it
will mean a saving of $300. Blinds will be placed on the
building upon completion, but they have made no decision on
this. Relettering the sign and dispensing with a sign, they
would like approval of the Selectmen to do this.
Mr. Sheldon stated he liked the proposal.
Mr. Grant stated the Commission thought this might be
a good solution, that they might be able to put small signs
in the grass, but they are concerned about the number of signs,
and they wished to avoid a cluttered appearance around the
Green.
Mr. Carroll stated there was not a great deal of money
involved, not enough to worry about.
Upon motion dulyrmade and seconded, it was voted
to approve the plan of the Historic Districts Commission to
reletter the sign on Meriam Street so that it will direct
people to both the Public Facilities Building and the Muni-
cipal Parking lot, thereby dispensing with the problem of
an extra sign.
Mr. Burnell brought up the subject of painting of
the standards, and felt if they were painted a darker.
color, they would be less conspicuous, and it would
mean repainting more than this one sign, the posts
or standards. The sign would be white, with black
lettering.
Mr. Grant stated there is a dark green door on the build-
ing, the present color is not the right shade and is to
be darkened. That will be redone.
The Chairman asked if the Historic Districts Commission
would have to be petitioned, and the answer was that tin's-
Board
heBoard would not have to advertise for a difference in color.
The Board had no objection, and the Historic Districts
Commission retired at 9.40 P.M.
The Chairman referred to last week's meeting relative
to the appointment of a Veterans' Agent for the Town, and
stated there were some questions as to whether some of
the applicants were veterans. He read the list of appli-
cants and checked them.
Letter was read by the Chairman from Dr. Pious rela-
tive to Bernard Belcastro, Jr., stating his physical con-
dition.
1
1
437
The Chairman stated that nominations were in order
for the appointment of a Veterans' Agent.
Mr. Sheldon nominated Mr. Bernard Belcstro, Jr., and
Mr. Cataldo seconded the nomination.
The Chairman declared the nominations closed and in-
structed the Clerk to cast one ballot for the appointment
of Mr. Bernard J. Belcastro, Jr., Director of Veterans'
Benefits and Services, and Graves' Registrar in the Town
of Lexington to fill an unexpired term ending March 31, 1966,
caused by the retirement of Mr. Maurice D. Healy, the present
Director of Veterans' Services, and directed that he be so
notified, the appointment effective immediately.
Mr. Gray reported that Mr. Healy did not take his
vacation and has to take it before December 31. This does
not mean that be would not come in to go over things with
Mr. Belcastro before he retires on December 31.
Mr. Cataldo stated he whniadhbreakothis man in, and
he could be paid from the pool.
Mr. Gray stated he would have to check as he did not
know what the balance was in that account.
The Chairman asked if this was a fair approach. He
stated Mr. Belcastro would like this position and do it
in an expert manner, and asked if Mr. Belcastro would come
in between now and January ato learn the ropes and get into
the swing of things, and know the people they have toddeal
with.
Mr. Gray said he would ge glad to help him.
The Chairman said it was knowing where to go and the
contacts that Mr. Healy has made.
Mr. Burnell asked how much time Mr. Healy would give
and Mr. Gray replied he felt he would come in.
Mr. Cataldo felt Mr. Healy should come in as much as
he could to help Mr. Belcast9ro, and the Chairman said he
was sure he would cooperate.
Application for the use of Cary Hall on December 16
for a rehearsal by theChristian High School was read by
the Chairman. Use of
Upon motion duly made and seconded, it was voted hall
to grant the request, subject to the rehearsal being
open to the public, There will be no charge for the
hall, but there will be a fee of $3.46 per hour for
custodian's overtime services.
Aglicationsfor Common Victualler licenses were
reviewed by the Board. It was agreed to request the
Boardce Health to submit a list of inspections for the
preceding twelve months before approval of these licenses.
Upon motion duly made and seconded, it was voted
to approve the following taxi driver licenses: Paul L.
Whitney, 1415 Massachusetts Avenue, and Philip G. Murphy,
496 Lowell Street.
The application of Gardiner Hutchinson, 1 Cedarwood
Lane, Burlington, was approved pending satisfactory report
from the Police Department.
438
License
Upon motion duly made and seconded,
to approve ',Package Goods" Store license
Incorporated, subject to approval by the
Control Commission.
it was voted
for Joseph Trani,
Alcoholic Beverages
Mr. Sheldon referred to the overhang on the Minute
Minute Man Man Park Realty Trust building, and stated the Board should
Park Realty wait to hear from the Historic Districts Commission, as
Trust there might not be any overhang of this nature.
The Chairman asked, if he understood it was an in-
ducement for shoppers, which it is, would Mr. Sheldon be.
willing to say he would give approval, subject to the
Historic District Commission's ibepopt. •
Mr. Sheldon replied he did notaapprove of the over-
hang. The roof looks like a garage, that it is pretty
close to the Battle Greeh. However, it might be taken
off before they get through.
MR. Mabee stated the idea of a single story building,
low elevation, is excellent. It goes along with the
visual concept of the Green. If the Trust can get approval
from the Historic Districts Commission, it is a good concept.
Mr. Cataldo stated he would reserve his feeling until
he knew what was going to happen to the sidewalk. Fifteen
feet - the width of the sidewalk makes a big difference on
the design of the building. He stated he was not sold on
the overhang, that decision had to be made on the width
of the sidewalk.
Mr. Mabee asked what commitments were made to the
Lexington Realty Trust, and the Chairman replied an ex-
change of land, 15 feet.
Mr. Cataldo stated nothing has been signed, and his
feeling is that if they agree with the wide sidewalk,
why won't they agree with their own expense. The Board
has to decide very quickly.
The Chairman stated the study committee will be in
next Monday, and the Board will defer action until next
week's recommendation.
At 9:00 F.M., the Lincoln and Concord Selectmen met
with the Board regarding traffic on Route 2.
The Chairman stated the purpose of getting together
is to discuss Route 2, which is being widened and repaired;.
and some hazards inherent in the reconstruction.
Chairman Grabill, of the Lincoln Board of Selectmen,
stated they have been running a fatality about once a week
for several weeks. It is due to such heavy traffic, higher
speeds, the main problem being left-hand turns, and too
much high speed. While Lincoln feels it should eliminate
the left turns, the unrestrained speed is for all the ad-
joining towns. More police help is needed, they would be
on the road, and enough State Police Patrol to make an
impact. Police would be seen on the road tnd this would
tend to lessen the accidents.
1
t0
TheChairman asked if Mr. Grabilllwas familiar with
the fatalities, and he replied Lincoln has had two or three
a year on Route 2, run 70 to 90 accidents a year, again these
are caused by high speed. The Folice Department is short-
handed and he felt extra police coverage is needed.
Chief Corr, Lexington Police Department, stated there
is about five miles of Route 2 in Lexington and he did not
feel the rate is high in Lexington. He stated, basically,
Lexington has left the enforcement to the State Police, as
they patrol Route 128 and Route 2, and enforcement is their
problem. He said Lexington does not have that kind of man-
power and felt the Chief id Lincoln should contact the Com-
missioner and he was sure he would get cooperation.
The Chairman asked if Mr. Grabill could give figures
on the number of accidents, with the number of fatalities
in the past twelve months, and Mr. Grabill gave him the
newspaper which listed the accidents.
The Chairman suggested that he, Representative Eaton
and Senator DeNormandie see the Commissioner and discuss
the problem with him, as he felt the three towns jointly
would be much more effective.
Chief Corr stated he felt the Chief of Police should
first contact the Commissioner and ask for help and he
was sure be would be more than cooperative.
The group retired at 9:50 P.M
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following a discussion with John J. Carroll with
regard to personnel, and his budget, it was voted to
resume the open meeting.•
At 10:15 F.M., members of the Planning Board, Mr.
Zaleski, the Planning Director, met with the Board.
Mr. Campbell stated in the circulation plan, there
is a map, the area to be discussed Wednesday night. He
stated the Board was meeting with the Peacock Farm people
about Worthen Road, and would also like to give them a
position of the two boards, what the Town's position is
going to be. The people feel the interchange tightened
up, and he asked if they were on their own. The Town
will take no official position and the Planning Board does
not see any way.
The Chairman said the Board did make a decision last
week and asked if every possibility had been explored.
Mr. Cataldo asked what these people should be told.
He said he would like them to know the problem.
440
Mr. Sheldon asked how badly they were hurt, and Mr.
Cataldo replied, badly, by the closeness of the ramp.
Mr. Sheldon stated everything that is done hurts someone
and asked if this was serious, that naturally they would
object.
Mr. Mabee suggested telling them the difficulty, present
it as the Board sees it, and decide what they want to do.
We would like them to know our position.
Mr. Carvoll stated there had been no taking of any
land in the Peacock Farm development.
The Chairman stated it appears that anything else
the Board can do will not have any success, and if they
wish to make any new pleas, we will have no objection.
He stated he would go in and see what he can do on his
part, that this is the total agreement.
The group retired at 10:45 F.M.
Upon motion duly made and seconded, it was voted to
adjourn at 10:45 P.M.
A true record, Attest:
eye
Acti g Clerk, Selectmen
1
SELECTMEN'S MEETING
December 18, 1965
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Saturday, December 18, 1965, at 9:15 A.M. Chairman Cole,
Mr. Gray, Executive Assistant, kind Miss Murray, Executive
Clerk, were also present.
Miss Mary R. McDonough, Town Clerk and Treasurer,
met with the Board to discuss 1966 budget requests.
Miss McDonough explained her request for an addi-
tional clerk.
Mr. Gray reported that the girls in this department
have been coming in on Saturdays. He said the machine
in the Accounting Department is not being used five days
a week and Miss McDonough's machine is used continually.
He explained a control panel that would take care of the
payroll and schedules will cost $220.
The Chairman asked if a control panel was approved,
it would eliminate the necessity 2 r an a Oitional girl.
Mr. Gray replied in the negative and said it would
eliminate the necessity for having the girls come in on
Saturdays.
Upon motion duly made and seconded, it was voted
to approve the Town Clerk and Treasurer's Account in the
amount of $16,659.00.
Upon motion duly made andseconded, it was voted
to recommend to the Appropriation Committee that a transfer
of $220.00 be made from the Reserve Fund to the Town Clerk
& Treasurer's Account for the purchase of a control panel.
Action on Town Clerk & Treasurer's budgets was taken
as follows:
Budget Requested
Expenses $2,279.99
Replace manual typewriter
with an electric Royal
typewriter.
Town Clerk - Personal Services
8,000.00
Town Treasurer - Expenses 2,000.00
Mr. Gray was requested tocheck with Mr
Superintendent of Public Works, relative to
the iron grille in front of the Treasurer's
offices.
Miss McDonough retired at 9:30 A.M.
..pprov ed
$2,500.00
8,000.00
2,000.00
. Carroll,
removal of
and Collector's
441
442
Mr. Willard P. Grush, Chairman of the Board of
Assessors, met with the Board.
Mr. Grush said, with reference to the item in his
1966 budget of $4,000 for professional services that this
was inserted at the last moment last year. The Assessors
thought it was going to be in the Town CounselYs Budget,
and it covers professional services other than legal for
the Appellate Tax Board hearings.
Upon motion duly made and seconded, it was voted
to approve $2500 with the understanding a request would
be made for a transfer if additional funds are needed.
Mr. Cataldo asked if the Assessors had in mind using
any moeny this yearto revalue the Center.
Mr. Grush replied the Board has not made any deter-
mination on that. None of the expert services will go
into that.
Mr. Cataldo explained he meant reassessing and Mr.
Grush said the Board would do that itself.
Mr. Grush retired at 9:45 P.M.
Mr. Arthur Burrell, Director of Civil Defense, met
with the Board.
Mr. Burrell explained the increase in his Personal
Services budget is in general labor of handling and pre-
paration of shelter supplies. He said he came in to the
Board the middle of the year and requested $1200 for this,
but the Appropriation Committee did not approve it.
Mr. Sheldon said he understood Mr. Burrell felt this
program has to be implemented.
Mr. Burrell stated this is the whold program.
Mr. Cataldo asked what these people actually. did.
Mr. Burrell explained they unload the trucks and move
the equipment into the buildings.
Mr. Cataldo asked what happened once the material is
put in.
Mr. Burrell replied this is a one-shot job. They are
checked twice a year.
Upon motion duly made and seconded, it was voted
tb approve Ahe Personal Services budget in the amount of $10,312.
Upon motion duly made and seconded, it was voted
to approve the Expenses budget in the amount of $12,478.
Mr. Burrell retired at 10:05 P.M.
1
Mr.
sinners,
The
S3 -V to
Mr.
with the
John C. Graham, Chairman of the Cemetery Commis -
met with the Board.
Chairman questioned the Senior Clerk going from
S9 -VI.
Graham stated Mrs. Healy is going on full time
Cemetery Commissioners.
Mr. Gray explained the -jobs were not separate as
far as the clerical help is concerned. This girl will
do the work for both the Cemetery Commissioners and the
Veterans, Department.
The Chairman asked why, if the working foreman was
going to do the administration work, such a large increase
was recommended for the Senior Clerk.
It was agreed that Mr. Gray would work with the Ceme-
tery Commissioners relative to the classification and
salary for the Senior Clerk.
In regard to the Expenses budget. Mr. Gray was re-
quested to check with Mr. Carroll relative to the Commiss-
ioners using a compressor.
Upon motion duly made and seconded, it was voted
to approve the Expenses budget in the amount of $4,949.00,
the item for $1770 for a compressor not approved.
The Chairman asked if there would be the usual article
for expansion of the cemetery, and Mr. Graham smeplied in
the ar3irmative.
Upon motion duly made and seconded, it was voted
to approve the sum of $4,000.00.
Mr. Graham retired at 11:10 A. M.
Mr. Gray and the Executive Clerk left the meeting
at 11:10 A.M.
A true record, Attest:
7( /
e ive'/Clergy, Select,'*Ien
443
444
SELECTMEN'S MEETING
December 20, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmne's Room, Town Office Building, on
Monday, December 20, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
and Miss Murray, Executive Clerk, were also present.
Mr. Gray reported the Accountant Personal Services
Transfer budget for 1965 is one day short and a transfer is needed.
Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a transfer
of $53. be made from the Reserve Fund to the Town Accountant's
Personal Services Account.
Mr. Gray reported that, due to unforeseen expenses,
a transfer of $400 is necessary for the remainder of this
year.
Upon motion duly made and seconded, it was voted
Transfer to recommend to the Appropriation Committee that a
transfer of $400 be made from the Reserve Fund to the
Law Departmeht Expenses Account.
Mr. Gray said he had gone over the budgets and all
changes recommended by the Board have been made. He sug-
gested that he meed with the Appropriation Committee and
report the Board's action.
The Chairman said the next thing is Town Reports and
said that a letter should be prepared this week following
up the first letter and reminding all concerned that the
warrabt closes January 10, 1966.
Mr. Gray retired to meet with the Appropriation
Committee.
The Chairman nod a letter, dated December 11, 1965,
received from Douglas T. Ross, 33 Dawes Road, offering
to pay the Town $300 to cover legal costs as well as to
insure that the Town receives full value in the proposed
exchange of equal areas of land. He also agreed to pay
Land Court fees and relevant taxes, and to supply re-
quired surveyor services.
The Chairman asked if the Board wished to reconsider
the subject. No one on the Board expressed the desire
to reconsider.
1
445
Upon motion duly made and seconded, it was voted
to accept Mr. Ross, offer of $300.00 without further
consideration.
The Chairman read a letter, dated December 13, 1965,
received from Edward T. Bigham, Jr., attorney for
Frank Campagnone, Trustee of Donna Realty Trust, asking
the Board to advise him if Orchard Street could be elimi-
nated from the plans in the Engineering Office.
Mr. Legro explained this is a lot on the corner of Orchard
Orchard Street and Reed Street. Orchard Street is a paper Street
street not developed at all. It only has a fifty-five
foot frontage. The owner wanted to build a house comparable
to those in the neighborhood and appealed to the Board of
Appeals for a valiance to build within ten feet of the side
street. He was denied and is now back seeking to have
Orchard Street removed from the Town map. He stated he did
not think it would help Mr. Campagnone a bit.
The Chairman said it would appear to him, before the
Board eliminates any paper streets, it should check with
the Planning Board.
Mr. Legro reported that the Planning Board had received
a copy of Mr. Bighamts letter. He said the question of paper
streets being shown on theTown map comes up quite frequently.
He said if this street were removed from the Town map, he did
not think it would change the status.
The Cliairman said he would request the Planning Board
to advise the Board if it has any plans in this area.
The Chairman read a letter, dated December 9, 1965,
from Arnold Stern, 11 Woodcliffe Road, sta ing he would
accept the Boardts offer of $25.00 in settlement of his Stern
claim pertaining to sewer and drain easements. claim
Mr. Legro stated he had received a copy of the
letter and a confirmatory release and deed have already
been prepared.
The Chairman read a letter, dated November 19, 1965,
(received December 13, 1965) received from Warren Cameron, Religious
Special Counsel for the City of Eugene Oregon, asking if symbols
the Town has any religious symbols on public property,
either at holiday time or permanently.
The Chairman stated the only symbols the Town has
is a creche on the Common at Christmas time.
Mr. Alan Adams mentioned the stone pulpit on the
Common.
The Chairman suggested that Mr. Gray have the Police
Department take pictures of these two symbols and send them
to Mr. Cameron.
446
The Chairman read a letter from Mark Moore, Jr.,
Street President of Todd Realty, Inc., requesting the Town to
acceptance- accept Brigham Road.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the acceptance
of Brigham Road.
Letter, dated December 11, 1965, from Leonard K.
Swartz, 7 Rolfe Road, with reference to the elevation of
Rolfe Road the road, was held over until the next meeting when it is
elevation expected Mr. Carroll, Superintendent of Public Works,
will be present.
Bond
Bond
Bond
Upon motion duly made and seconded, it was voted
to establish the sum of $91,400. as the amount not less
than which the 1966 bond of the Treasurer shall be written.
Upon motion duly made and seconded, it was voted
to establish the sum of $107,600. as the mount not less
than which the 1966 bond of the Collector of Taxes shall
be written.
Upon motion duly made and seconded, it was voted
to establish the sum of $1,800. as the amount not less
than which the 1966 bond of the Town Clerk shall be
written.
Upon motion duly made and seconded, it was voted
to approve bond on behalf of Julian Roberts, Deputy Col
Bond lector, in the amount of $5,000. for the period ending
December 31, 1966; the bond having been approved by the
Commissioner of Corporations and Taxation.
Application was received from Donald J. Gillespie,
Jr., requesting permission for the Lexington Public Schools
Use of Music Department to hold a series of rehearsals of all
hall elementary school glee clubs in Cary Memorial Hall on
March 17 , 24, 31, April 7 and 14.
The Chairman asked Mr. Gray to contact Mr. Gillespie
and tell him the Board cannot grant his request if the
building is not open to the public and also to acution
him about the fact that the hall has just been redecorated
and ask that proper supervision be given if he decides to
have the building open and thereby is permitted to use it.
Upon motion duly made and seconded, it was voted
License to grant a Taxi Driver License to Thomas Helburn, Old
Winter Street, Lincoln; satisfactory character references
having been received from he Chief of Police.
1
447
Upon motion duly made and seconded, it was voted
to renew 1st Class Agent's License issued to Lawless- License
Mawhinney Motors, 581 Marrett Road.
Application received from George R. Reed & Son,
Inc., for renewal of a Common Victualler license, was License
held over.
The Chairman requested that another letter be sent
to the Board of Health reiterating the Board's request
of December 15 for a list of the department's inspections
for the preceding twelve months.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's meeting held Minutes
on December 13, 1965.
The Chairman reported that he had met with Mr.
Mc G rr:'relat :ve to the house at 572 Massachusetts Avenue
and asked him specific questions; One, what was the maxi- 572 Massa -
mum amount he was willing to pay the Town in lieu of taxes, chusetts
to which Mr. McGirr replied, "Depends". Avenue
He then asked him if he wanted a firm guarantee that
at the end of a five-year period he would be permitted to
move the building from the property. Mr. McGirr not only
wanted that guarantee but wanted a guarantee that he could
connect to the sewer and water facilities. He finally
connect to the sewer and water facilities. He finally
said as far as he was concerned, the Board could drop the
matter. He felt the Board had "bent over backwards"
in trying to be fair. He said he dould not see spending
money for something on which he did not have any guarantee
that he would not lose it.
Mr. Mabee, with reference to question #2, asked if
the real inference was to move the house from where it is
now onto his property.
The Chairman replied onto any property he wants to,
but he was talking about onto his property.
Mr. Mabee asked if he inferred moving it to anywhere
but on his property.
The Chairman replied it seemed to him the only property
he was interested in was the rear property.
The Chairman said he did make a copy of the Counsel's
opinion in the matter for Mr. Ripley over a week ago, and
has not heard from him or from Mr. Jaquith. He asked if
anyone else on the Board had received any calls. There
were none.
The ( iairnan asked what the Board's pleasure was in the
matter.
Motion was made to demolish the building.
448
Mr. Burnell said he had hoped the Board could find
a simple solution but the longer the Board looked at this,
the more complicated it became. He said he sympathized
with Mr. Ripley's claire to keep old buildings like this
but under the circumstances there is nowhere to go but
back to the original decision to take the building down.
The Chairman said the Board has given due consideration
to this over a long period of time and the Board has not
acted in an arbitrary manner, but after due deliberation
has reached this point.
Upon motion duly made and seconded, it was unanimously
voted to demolish the building at #572 Massachusetts Avenue
and that Mr. Carroll be instructed to proceed with the
demolition at 7:30 A.M. Tuesday morning, December 21, 1965.
Mr. Burnell said he was talking with Mr. Campbell of
the Planning Boa0d this evening and he inquired about
the Traffic Study Committee and wondered what it was doing.
Mr. Burnell asked if the Committee was supposed to have
a representative from the Planning Board. He said he re-
called five years ago there was a traffic committee made up
of Mr. Snow, representing the Planning Board, the Chdrman
of the Board of Selectmen, the Chief of Police and Mr. Carroll,
Superintendent of Public Works. He said he was wondering
if, at the last traffic meeting, the members were talking about
certaiib intersections and the studies of traffic and one of
the members of the committee thought the committee was in-
fringing in the Planning Board's areas. He said this is where
the committee finds itself, in an area that is between the
Selectmen's responsibility and the Planning Board's responsi-
bility and he wondered if it would be well to have a member
of the Planning Board on this committee.
The Chairman said he was wondering if the Board would
not be in a better position if the Traffic Study Committee
consislted of the Planning Director, Chief of Police, Super-
intendent of Public Works, and Mr. Gray, 'xepresenting the
the Board of Selectmen. The Committee would come to the
Board with recommendations and no one Selectman would be
involved. He said this was in no way a reflection on Mr.
Burnell. He eagd.^-.heeibbnght in areas as sensitive as this
can be, the Board would be in a attonger position j}aving
all professionals on the committee.
Mr. Burnell said as far as he was concerned, he would
be very glad to be off the committee. He said when he first
started, the committee considered requests from people who
wanted "Slow Children" signs or a policeman in front of a
house, but he thought it had gone into greater areas of
studying traffic situations.
The Chairman asked Mr. Gray to check on the timing of
the lights in Lexington Center.
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449
Mr. Gray explained the lights are set so when they go
ibto "Walk", a pedestrian gets about three-quarters of the
way across the street but the traffic signal remains on red
for a considerable period of time. He stated the signals
are set so that when a pedestrian has started while the
"Walk" is on, he will have time to get across.
The Chairman asked how the other members of the Board
felt
Mr. Sheldon said if Mr. Burnell agreed with the sug-
gestion that was made, he certainly would agree.
The Chairman asked for a motion, and upon motion duly
made and seconded, it was unanimously voted that the Traffic
Study Committee consist of the Executive Assistant to the
Board, who will call the meetings, the Chief of Police,
Superintendent of Public Works, and the Planning Director.
Mr. Cataldo reported about forty residents of the Peacock
Farm area met Wednesday. It was his feeling, and the feeling
of the Chairman of the Board, Mr. Carroll and Mrs. Riffin, of
the Planning Board, that the Bpard should consider going back
to the State Department of Public Works with a different ap-
proach on Route 2, the approach being that the Board would
like the best design possible to the entrance to Lexington.
He suggested that Routes h and 225 be diverted to Worthen Road
right from Route 2 and eliminate the approach at Watertown
Street.
Mr. Mabee stated this would be the main connection and
the Town would give up Watertown Street as an interchange.
Mr. Cataldo said they would have to give the Town
Watertown Street as an interchange.
Mr. Sheldon suggested that this should be discussed
with the Planning Board.
Mr. Cataldo reported the people in peacock Farms are
upset and feel thatthere are areas that have not been
itibvilmbeW T fb,Pdeittbbbilbebbtitirfilistbtitgg®insbaideikr odds
They had questions to which the Board does not have answers.
Mr. Mabee said what the Board is now saying is that
the Route to Lexington that everyone knew for years gone by
is, in lieu of that, going from Route 2 to Worthen Road
and all the way down to Bedford Street.
Mr. Burnell asked if then Worthen Road and Bedford
Street wouldn't have to be redesigned.
Mr. Cataldo replied that section should be redeisgned
anyway.
Mr. Mabee said very definitely this made sense to him,
and Watertown Street or some relocated Watertown Street would
simply be a feeder street to Worthen Road.
Mr. Cataldo suggested that perhaps the Board should
have Planning Board's approval first.
450
The Chairman said the Board of Selectmen does agree,
it should take further steps.
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 pbblic security, the financial
interest of the Town, or the reputationEof any person.
Following discussion with Town Counsel pertaining
to legal matters and a claim, it was voted to resume the
open meeting.
Mr. Legro retired at 8:30 F.M.
Mr. Homer Hagedorn, Mr. Alan Adams and Mrs. Richard
Battin, met with the Board.
Mr. Hagedorn explained the group was present to re-
quest, on behalf of the Town Government Structure Com-
mittee of the TMMA, to request the Selectmen to insert an
article in the warrant which will be a general article
asking the Town to create an official structure of govern-
ment committee. There is interest in the subject right
now. He said there really are some things that should be
discussed and if the Home Rule referendum goes through, it
would be wise for the Town to move immediately for the
creation of a Charter Commission. He said it would be wise
because almost anyone can call for election of the Charter
Commission. Once elected there are only ten months to produce
a Charter. He asked if the Board would be willing to insert
such an article and stated the Board would notpbe asked to
sponsor it unless it chose to do so. He said the Committee
would be willing to present the motion.
The Chairman asked if this was to be a Town Meeting
Committee or a Board of Selectmen's Committee.
Mr. Hagedorn replied be thought it would be better
if the Moderator appointed the committee.
s The Chairman asked who would prepare the article and
Mr. Hagedorn replied the article should come in in good
form as Mr. Stevens is a member of the Committee.
Mr. Cataldo said he had no objection to the Moderator
appointing the committee but he thought there would be a
line of communication on a twlve month's basis where with
the Moderator it is on a one-year basis.
The Chairman said the Moderator should be in on the
appointment, the Seletmen should be in on it, and asked if
it would concern finances.
Mr. Hagedorn said they would endorse the action the
Board has taken on a Comptroller. They would also have.
suggestions for the Finance Committee and suggestions for
the administration of finance.
1
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451
Mr. Hagedorn said when the Board sees the report,
it would see that it should be broader than that or
narrower. They have gone into every phase of Town
Goverment. Some of these things may never be accepted,
but they should be discussed. He said it would be
better for the Board to look at what they have to say in
detail.
The Chairman said the Board is in sympathy with the
general direction and he thought there might be a little
question as to the mechanics of forming this committee.
If the Committee is appointed, it will have to work with
everyone and as a matter of good polities, everyone should
be kept informed.
Mr. Hagedorn said it would have to work that way.
In the general aspect, the Board was agreeable to
inserting an article in the warrant.
The Chairman said the onus would be on Mr. Hagedorn
and his committee to get the article ready and it should
be submitted not later than January 10.
'Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town
Meeting in March, 1966, to create an official structure
of government committee.
Mr. Hagedorn retired at 8:45 P.M.
The Planning Board met with the Selectmen and the
Chairman explained they had been invited to the meeting
for the purpose of discussing Route 2.
Mr. Cataldo reported on a meeting with residents
from the Peacock Farm area that resulted in 1) a request
to be made to the State Department of Public Works for a
set of its specifications to design and build roads such
as the Watertown Street interchange, and 2) that the Board
go back to the State Department of Public Works with the
approach Watertown Street interchange be one of the main
entrances to Lexington and should be right engineeringwise,
trafficwise and aesthetically. Mr. Cataldo said Worthen
Road, at this point, is pretty well along, and if the right
approach was made, the Town might receive some Federal Aid
for construction of this as a sesadary road.
The Chairman said a rew years ago, Worthen Road and
Emerson Road were sold to the Town as collector roads and
this would in fact make it a by-pass road.
Mr. Bryson said that was one of the important con-
siderations andthe Board decided it would only take a
few more seconds to go down Waltham Street to Route 2.
Mr. Fowle said calling Worthen Road Route 4 and 225
would be an excuse to open up the design and also to get
Federal aid and to deflect some traffic through the center.
452
Mr. Campbell said discussion had been held regarding
the deadending of Peacock Farm which solves the problem.
Mr. Cataldo said this solves one problem. The
Board is taking the approach of getting Worthen Road on
Route 2. That only solves one of Peacock Farm's problems.
Mr. Fowle said a radical change in plans may be
required.
Mr. Cataldo said the Board would ask how it can best
accomplish this and what other approach could be taken that
could be taken that would be strong enough to get the State
to open this up.
Mr. Mabee said, basically, the Board was for this from
the beginning. It goes back to the idea there were three
entrances on Route 2 and the Town was asked to tell which one
it wanted and that was it. Then the idea was brought up
about 4 and 225. He said he thought it would be worth
pursuing this as a last resort.
Mr. Bryson said if the Selectmen wanted to carry this,
he would go along with it.
Mr. Cataldo askediif the Planning Board felt Routes 4
and 2a5 should be Worthen Road against Massachusetts Avenue.
Mr. Fowle replied he thought that was a spendid idea.
The Chairman said other neighborhoods would be affected.
He said he would like to do everything possible for the people
in the Peacock Farm area, but he thought the Board should
alsocconsider people in obher neighborhoods. He said the
Selectmen were unanimously in favor of pursuing this and
asked the Planning Board for its opinion.
Mr. Cataldo asked how the Planning Board felt about
pursuing this on a better approach to the Town of Lexington
and Mr. Bryson agreed.
The Chairman asked if it was agreeable that the Select-
men explore better ways and one of them being Worthen Road
connection.
The Planning Board agreed.
Mr. Cataldo asked if Worthen Road should be 4 and 225
and Mr. Bryson replied in the affirmative.
Mr. Mabee recalled that the Board is on record having
written to the State that the then Planning Board and the
then Board of Selectmen said there was no intention a,f
tying Worthen Road and Route 2.
The Steering Committeeefor the Redevelopment of Lex-
ington Center met with the Board. Among those present
was Mr. Philip Herr, Planning Board, Capital Expenditures
Committee, Messrs. Trani, Brown and Micheisibn.
Mr. Kolovson said he did not think it necessary to
go through the plans which were on display and said if
there were any questions, Mr. Herr could explain ahem.
He said the group was present as suggested in the summary
rpport he hoped the Board received and the main purpose is
1
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453
to ask for a trial period and to answer any questions that
might be outstanding. He stated the summary report the
Board received has covered most of the questions, and the
model set up on the table is one bhe Board saw some time ago.
It now depicts the Center as the committee would like it to
be.
Mr. Mabee asked when the committee wanted to start
this, and Mr. Kolovson replied they hoped by the middle of
January.
Mr. Cataldo asked why the spaces were selected, and
Mr. Herr replied those would be the spaces removed in 1966
depending on action of Town Meeting. He said it is to give
the Town a chance before it takes a vote to see what it
would do.
Mr. Cataldo said he had read the report and asked if
this was. going to give the picture the committee is looking
for; there are no stores. He asked why the committee did
not go to the other end where the stares and traffic are.
He said there is nothing in the Hunt Block and Tranihas
his own parking lot. He said he did not think the committee
would get anywhere near the right picture, although he
agreed with the trial.
The Chairman asked how much money the commibtee would
ask for in March.
Mr. Herr replied for beautification, $30,000 which
would be dependent upon a Federal grant of not less than
$25,000. The probable reimbursement is $30,000 and the
reimbursement depends on what is being spent on beautifi-
cation in other pats of the Town. He mentioned shade
tree programs, parks, playgrounds and Dutch elm. He said
if in 1966 those programs were to spend less than they
have in the average of the last two years, the reimburse-
ment for the Center would be less than the 50%.
Mr. Cataldo said 50% is over and above the normal
budget.
Mr. Cataldo asked if the Town spent $50,000 ordinarily
and thisear the project cost $60,000, which would be a
total of $110,000, would the Town get $55,000.
Mr. Herr replied the Town would receive $30,000, half
of the increase.
Mr. Cataldo said the last time Mr. Sasaki explained
this, he understood the Town would receive $55,000.
Mr. Herr replied the Town would receive $30,000, half
of the increase.
Mr. Cataldo said the last time Mr. Sash explained
this, he understood the Town would receive $55,800.
Mr. Herr said there must have been some misunderstanding.
Mr. Sheldon said the Town Meeting wntld be given complete
information of the total plan and what it will cost. He
454
said it was obvious this $50,000 is only the first phase
and he thought all the committee intended to do in five
or ten years should be in the report. He asked if the
committee would be prepared to do this.
Mr. Herr replied he believed the drawings would be
done by then. He said the estimate is $250,000 for
beautification of the Center. He said perhaps some part
of the $125,000 might be privately obtained. He said if
the 1966 construction proves to be as successful as they
think it will be, then there may be contributions toward
extending it through the Center.
The Chairman asked about the width of the sidewalk
from Waltham Street up to Depot Square, and Mr. Herr said
it would be thirty-four feet.
The Chairman asked what width they would have on the
sidewalk in front of the Central Block.
Mr.Herr replied more like twenty-six feet.
The Chairman said it means there would not be any more
new building line than Intuit is planned, and Mr. Herr said
that was correct.
Mr. Cataldo asked what species of trees would be
planted, and Mr. Herr replied he could not answer that.
One of the men present said they would probably plant
Linden trees. Mr. Sheldon said he understood this presenta-
tion to be made will not or will it include recommendations
for additional parking and the cost thereof.
Mr.Herr replied it will and does. He said the plan
serves four general areas for parking expansion which he
pointed out on the plan on the wall.
The Chairman asked if there would be any merit to the
suggestion that the committee make its trial period affect
all the parking spaces from Grant Street up to Depot Square.
Mr. Herr replied he was wondering whether to go from
Depot Square to Edison Way.
The Chairman asked if he would object to treading off
one end for the other.
Mr.Herr said the only realrtraffic issue is at the
Hunt Block. He said no one is looking at this as a traffic
test. It is a test in fact on sales. The point of the
experiment is what the impact is on businesses.
Mr. Cataldo suggested taking all parking out on both
sides and really get the picture of what the impact is.
Mr. Greeley said if it is really a test of the impact
on business, parking could be eliminated on the Michelson
side of the avenue where there is parking in the back and
a normal pattern where there is an abnormal ppttern on the
other side. He said if this was to be done for experimental
purposes, it should be taken in a normal stretch.
Mr. Herr said the impact on the business depends on
the specific businesses involved. He stated they were
1
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455
trying to make the best of an awkward situation.
The Chairman asked if there was any merit to the
suggestion that parking be eliminated from Woolworth's
to Grant Street and putting a barrier so they get an
even Traffic flow up the avenue.
Mr. Herr replied he. thought there was.
Mr. Mabee asked how the impact on sales was going to
be measured.
Mr. Herr replied they would request the businesses
to report in any way they can.
The Chairman asked if the committee would be agree-
able to making a test of eliminating the parking from
Woolworthts down to Grant Street giving an even flow of
traffic right dp the avenue.
Mr. Campbell said they should go all the way.
Mr.Kolovson said regardless of the number of spaces
that are eliminated, they have to evaluate the number
that has already been eliminated. He said they were
dealing with variables. He said the committee would
like to stay with the original proposal presented this
evening. He said they do not see anyaneed for further
inconveniencing Town residents more so than what they
have to. He said the committee feels there is no need
for an experiment but for the magnitude of the experience
would go along with it. He said the more it is extended,
the Board should realize it is not taking into consideration
beautification of other parking areas. The committee never
advocated removal of eighty-five parking spaces on the avenue
He said the committee feels to inconvenience people unnecessarily
and in a manner it has not projected, it is not called for.
Mr. Cataldo asked how long the experiment would be run.
Mr. Kolovson replied through March first and he assumed
the earliest they could start would be January fifteenth.
Upon motion duly made and seconded, it was voted
that the experiment be conducted as recommended by the
majority of the committee for a period from January fifteenth
to March first.
Mr. Cataldo was recorded in opposition.
The Chairman said it was his understanding the Planning
Board would be purposing the article for the beautification
of the Center, and Mr. Bryson said that was correct.
The group retired at 11:05 P.M.
Upon motion duly made and seconded, it was voted
to adjourn.
A true record, Attest: ,1� J eco r
Select
456
Lex -land
Construction
Woburn St.
(Laconia St.)
SELECTMEN'S MEETING
December 27, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, December 27, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee 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 Chairman read a letter from Mr. Irwin, Building
Inspector, advising that the Lex -Land Construction of
Newton had, on December 2, 1965, resubmitted the plans
for proposed construction on Lot 3B, 312, 314 and 316
Laconia Street. The original application was withdrawn
by the applicant on June 2, 1965 as a result of negoti-
ations between Town Counsel and the attorney for the
corporation. He pointed out that he has ten days in
which to approve or disapprove an application unless an
extension of time is authorized by the Board.
Mr. Legro stated this is the matter in which the
Board agreed not to extend to January 13. The reason
for the resubmission is that time is running out as to the
Planning Board agreement. He said he presumed there is
nothing for the Building Inspector to do at this time but
to issue a building permit if it complies with the Building
and Zoning By -Laws. He explained, under the statin, the
Board has a period of six months if they don't begin con-
struction in which it can continue the negotiations, if
there is nothing to then.
Mr. Sheldon asked if Mr. Legro was satisfied, in his
opinion, to let them go ahead.
Mr.Legro replied that is a decidion for the Planning
Board. He said this application for a permit is to con-
struct two separate buildings, one on each side of the right
of way. The owners don't want to do it this way and that
is the reason they withdrew previously. Now they feel
there is no particular point in delaying it further. He
explained they don't want to wait because of a possible
change in the zoning there.
Mr. Cataldo asked if Mr. Legro thought they were using
this as a leverage to get the right of way.
Mr. Legro replied he was told they were doing it only
because of the ambiguity of their legal rights.
Mr. Cataldo said he thought this should be discussed
with the Planning Board.
The Chairman said the Building Inspector does not
have to act on this before next Monday, and. suggested
C2
ADD
1
457
that the Board talk to the Planning Board.
Later in the evening at 9:15 P.M., the Planning Board
met with the Selectmen.
The Chairman told the Planning Board he received
a latter from the Building Inspector, a copy of which
was sent to the Planning Board.
Mr. Bryson stated his Board voted to try and get
in contact with Mr. Kobrick and try to suggest that the
Board plans to rezone that, neighborhood shopping, at
this Town Meeting. He said he thought this would allow
more parking but leas building on the lot, in exchange
for the fact in which the Planning Board would be willing
to go along relocating Laconia Street.
The Chairman asked if this is something to which the
Planning Boadd thought he would agree,' and Mr. Bryson
replied he did not know.
Mr. Cataldo said he felt this could do nothing but
create a situation worse than that now existing, and he
could not see rezoningHe said he did not think the Town
should penalize the individual who purchased the land under
previous zoning. He suggested that the Board consider
purchasing the land under Conservation, if possible, and
realize 50% of the cost.
Mr. Sheldon said this would cost $50,000.
Mr. Fowle said it would cost more than that.
Mr. Bryson said he thought purchasing the property
would be the thing to do and is what he suggested last
year.
Mr. Sheldon statedthat if this is to be done, the
article will have to be in byJanuar'y 10.
Mr. Bryson said the Planning Board proposes to con-
tact Mr. Kobrick and talk about the possibility of being
willing to help relocate Laconia Street and its informal
connection to Lowell Street if he in turn would not
oppose an article to rezone that corner to a commercial
neighborhood zone. This would have more restricted uses
than the C-1 and would require smaller buildings but
permit more parking.
Mr. Legro said his impression is that this change
came, up because of the newspaper publicity that was given
to the change of use and he is afraid of that.
Mr. Cataldo asked if this could come under Conservation
and Mr. Legro replied he could not think of any purpose
for this that would come under Conservation purposes. He
said it is his opinion that Laconia Street is not a street.
He also said he does have some question as to what rights
might exist in it. In his opinion, it is not a street as
the Board knows streets to be. Certain abutters may have
rights and the County Commissioners did not define what
they meant by abutters.
458
The Chairman asked if there wasy anything the Board
should do in granting the extension of time.
Mr. Sheldon said the Board should decide if it wants
to put an article in the warrant to acquire this property.
Mr. Gray stated Mr. Irwin has ten days within which
to issue a permit. If he issues the permit and construction
ds started right away, he asked where this would leave
the Town.
Mr. Legro said this was brought up by the Planning
Board last week, and this is the position the Town was
in last June. The permit was about to be issued and they
agreed to withdraw in orderto have time to pursue the
possibilities. If he is still feeling cooperative, he
may postpone construction for six months, during which
time something might be done about acquisition.
Mr. Mabee asked how Mr. Legro felt about the Town
taking the rights of the abutters by eminent domain and
have him transfer the water main, etc.
Mr. Legro replied it is pure theory but if it is
successful, it will accomplish what he assumed the two
Boards wanted to do. He explained to take by eminent
domain, it has to be take nfor a public purpose and the
purpose named.
The Chairman asked if the Planning Board wotld
support an article to purchase.
Mr. Campbell was opposed to the Town spending
$60,000. Mr. Greeley was also opposed and Mrs. Riffin
aeemedto be a little in doubt. Mr. Fowle said he would
be in favor of acquiring the land.
Mr. Cataldo said the Planning Board'reaognized a problem
existing when it wanted to rezone, and wanted to solve it
at the developer's expense and not at the Town's expense
where it belongs.
Mr. Sheldon stated unless the Planning Board supports
this, it would be killed.
Mr. Legro said be suspected the Town could not buy
this property. Its position would be to take any rights
in that strip of land rather than to take more land than
it needs.
It was left that the Planning Board would approach
the owners of the land and try to make the best arrangement
that it can make for the Town.
Mr. Legro said the present status of the new Laconia
Street is such that private individuals could close it off.
Then the Town would have to make a taking. He said if
the Planning Board prefers two buildings, the Town would
be in a better position.
The Planning Board retired at 9:45 P.M.
Further consideration was given to Mr. Legro's
1
459
letter of November 26, 1965 with reference to Section 95A,
Chapter 727, asking if the Board intended that the accept- Chap. 727
ance of this section would be presented to the 1966 Annual Section 95
Town Meeting. A
Mr. Legro said the problem he has primarily is it
seems to put the matter in the hands of the Board of Selectmen,
and once the Selectmen grant an annuity, the Town can take
it away. He said he did not know the purpose of the Act.
The Chairman said, under the present system having
the Retirement Board, things have been going along very
well and asked why change.
Mr. Legro said he was quite in agreement.
Mr. Sheldon suggested that no change be made.
Upon motion duly made and seconded, it was voted
to take no action relative to accepting Section 95A of
Chapter 727 of the Acts of 1965 which transfers the
granting of the annuity from the Retirement Board to
the Board of Selectmen and provides for subsequent dis-
approval or modification by the Town Meeting.
Mr. Carroll said he was receiving a number of re-
quests to flood private land for skating and he wanted
to point out to the Board that the Board's policy, which Flooding
would not flood private lands for skating purposes and skating
would only flood public areas designated as akating areas areas
by the Recreation Committee.
Mr. Sheldon was in favor of continuing the policy
of not flooding private lands for skating purposes.
Upon motion duly made and seconded, it was voted
to reaffirm the Board`s prior policy.
Mr. Carroll said right now if there was a large
snowstorm, ten or twelve inches, assuming the men were
to finish two or three in the morning, they would go
right on lifting in Lexington Center. As a general
rule, the large storms were during the night and the Snow
xbh werk right ,through that :days picking upsnow in the removal
Center. He said the traffic situation in the Center
is becoming so bad it is foolish to pick up snow in the
daytime. He said he wanted to put on a skeleton force
the day after the snowstorm, and stated the employee
receives about as many hours of time on a two or three
day snowstorm as he would if he worked through the day.
He said they could pick up three times as much snow in
the nightime as they can during the day.
The Board had no objection to Mr. Carroll's proposal.
Copy of letter from Harrison Chadwick, Chairman,
Northwest Area Transportation Coordinating Committee, to
Associate Commissioner John Warner, Department of Public
460
awareest
Works, was received. In response to a reque t from this
representative of Arlington, the Committee ha scheduled
a meeting for 8:00 F.M., Wednesday, January 1 , 1966, In
the Selectmen's Room to discuss developments relative to
the improvement of Route 2.
Letter, dated December 11, 1965, from Belle E. Swartz
and Leonard K.Swartz, 7 Rolfe Road, relative to the ele-
vation of the road, was held over.
Mr. Carroll reported he had talked to Mr. Swartz
a number of times and also to his mother. The problem
is these people live at the corner of Fessenden Way and
Rolfe Road. He drew a rough sketch for the Board and
said at the time they purchased their house, they did
not have actual frontage "over here". He explained
the agreement the Town has with White and Green is that
they are to construct the road to a point at the end of
their property. He said Mr. Swartz,' agreement is that
the road is high in niation to their lot and this is true.
The problem is they were never informed by anyone and they
never took the trouble to find out what the profile of
this road would be. He said'he did try to ease the situ-
ation by dropping the road down a foot. There should
never be any water on their property, but their concern is
that it is an eyesore. He said he did not think there is
anything the Town can do about this. White and Green
claim they had slope easements. Mrs. Swartz showed Mr.
Carroll a copy of her deed and jt s.tates White and Green
can go on their property and do all the sloping they want
to. He said it was unfortunate these people did not in-
vestigate this and he thought there is nothing that can be
or should be done by the Town.
Mr. Sheldon said apparently their main objection is
appearance, and Mr. Carroll said that was correct.
The Ctjairman requested Mr. Carroll to draft a reply
to Mr. Swartz' letter.
Mr. Mabee asked if the drainage was sufficient, and
Mr. Carroll replied in the affirmative.
Letter was received from the Lexington Jaycees asking
the Board's assistance in selecting a candidate for the
Distinguished Service Award.
e Chairman stated that lathe past the Board has
never made any suggestion and generally lone of the members
of the Board is on the judges' panel. He said if any
member of the Board felt strongly about a candidate, he
could submit the name.
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The Chairman rdad a letter, dated December 17, 1965,
received from William Melbye, President of the Lexington
Senior Citizens' Club, relative to financial assistance by
the Town.
The Chairman reported that the proposal is that the
Board put something in the 1966 budget.
Mr. Burnell said it should be handled through the
Recreation Committee.
Mr. Gray reported Mr. Hoyt suggested a figure of
$500 to be in the Recreation Committee budget. He said
actually he did not think the Town can appropriate funds
for a private 'group. The only way it could would be if
the Town had a Senior Citizens' Council.
The Chairman asked if $500 could be included in the
Recreation Committee budget for the Senior Citizens' Club.
Mr. Legro replied this would take some thought.
Letter was received from the Lexington Savings Bank,
as required by Section 25, Chapter 168 of the General
Laws, advising that there was on deposit October 1, 1965,
under the Trustees of Public Trusts, Cemetery Funds, a
total of 259 accounts having a principal of $34,910.
461
Trust Fund
Request was received from the Lexington School Sites
Committee for an article to acquire a parcel of land
situated on and off Highland Avenue and Pelham Road as School
a school site. Sites'
Upon motion duly made and seconded, it was voted article
to insert an article i n the warrant for the Annual Town
Meeting in March.
Mrs. Marjorie Battin and Mr. Baylies, 'MMA Warrant
Committee, met with the Board.
Mrs. Battin gave the background of the Committee
and explained they have looked at the Town Report and
the Appropriation Committee's Report from the view of
the voters getting information early. She said it is
important that the Town Report be available before Town
Meeting. She said some Towns can assess a penalty on
the Selectmen if the report is not available by a certain
date and several Town Meeting Members have suggested post-
poning the Town Meeting Until thO teportgeatedready. She
said the group came up with a by-law that the Selectmen
shall be responsible for the Town Report, making it
available for distribution not later than March 1. She
said the Selectmen could tell various Boards they have
to be in on time to get the report out.
Mr. Gray pointed out that there are some real
practical problems and said the last warrant will not
462
be signed by the Board until the 8th, 9th or 10th of
January. This means the bills have to be posted and
the Accountant has to get his report out. He said if
Town Meeting Members want a financial report in detail,
this presents some problems.
Mrs. Battin said the March 1st would be next year
and not this year. She said the amount of detail in the
report is up to Town Meeting. She said the committee
felt there is a need for a committee to look at the contents
and see what should be in the Town Report.
Mr. Sheldon and Mr. Mabee felt the Town Report is an
historical report and not to be used to help the Town Meeting
Members in voting.
The Chairman asked if Mrs. Battin had some form of
an article to be prepared.
Mrss Battin said the suggestion was that a committee
be made to look into this. Mrs. Battin repeated article
regarding March 1 deadline. She said that the Warrant In-
formation Committee suggested that the Selectmen appoint a
committee to consider improvements in format and contents
of report.
The Chairman asked how the Board felt about inserting
an article in the warrant.
Mr. Cataldo felt that a committee should study the
entire subject and come back with a recommendation includ-
ing the date available.
Mrs. Battin said that would put this off for another
year.
Mr. Cataldo said there is no reason why the committee
could not be formed now. He said the practical problems
should be determined before anyone is placed in an em-
barrassing position, and before an article is inserted in
the warrant, let the committee look into this and come
back with a recommendation.
Mr. Sheldon agreed and said the study should be made
before the article.
Mr. Burnell said the Board could still accomplish
the March 1st date next year.
Mr. Baylies asked if these could be an article in the
warrant with an indefinite date.
Mr. Cataldo replied he could not see putting an
article in unless it accomplished something. He said
if there is to be an article, it should be for a specific
purpose and specific date.
Mrs. Battin asked if the committee would be an informal
one of the Board.
The Chairman said the Board is making every effort to
get the Town Reports out in time for Town Meeting, and that
having a committee to investigate the content of the Town
Report might be important. He said the Board would be
receptive to any names.
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463
Mrs. Battin mentioned a representative from the
Appropriation Committee, a representative from theTax
Dollar Committee, Lois Brown, Nancy Hudson and Mary LouTouart, Wallace
Wallace Baylies, Frank H. Totman, Jr.
The Chairman asked if the Board proceeded in this
manner, would it seem to take care of the matter.
Mrs. Battin replied she felt someone should be
thinking about it.
They would like better reports and have looked at
the reports of Brookline, Winchester, Needham and Wellesley.
She said these towns have much better recommendations
under Article 4 and the Appropriation Committee does not have
the information in time to make similar reports.
The Chairman advised Mrs. Battin that the Selectmen
this year had its last budget meeting on December 18 and,
except for a few minor things, it is S nished with budgets.
Mr. Cataldo pointed out that if the Appropriation
Committee is late this year, it is the fault of that
Committee. He explained the Board has set a deadline
of January 10, 1966 and all articles must be submitted
by that date in precise form.
Mrs. Battin said Brookline closes the warrant and
all supporting inBormation such as plans, specifications
and complete in®rmation must be received by that same date
the warrant is closed. She said she wondered if it would
halp to have it actually spelled out in a by-law.
Mr. Cataldo pointed out the Selectmen would have to
enforce it if it were a by-law.
Mrs. Battin said if the Board did not enforce it,
there was a penalty.
Mr. Cataldo said the Board of Selectmen was trying
to build up a good working relation with the various Boards
without going back to a by-law. He said if there was a
good line of communications, there would be no need for a
penalty.
The Chairman said it is the Selectmen's responsibility
to do these things and this year the Board has been living
up to its responsibility. It is trying to meet these
things on time. If this fails, then the -committee would
have no recourse but to assess penalties. He said he did
think the Board deserved the right to try this year.
Mrs. Battin and Mr. Bayliss retired at 8.45 P.M.
Applications for renewal of Common Victuallers'
licenses were received from Geoffroy's Pharmacy and the Common
Colonial Coffee Shop. Victualler
Mr. Gray reported he talked to Mr. Finneran today. licenses
All members of the Board of Health had not seal the
Selectmen's letter. That Board will meet Monday night.
464
'Account
carried
over
Mr. Finneran has his monthly reports but does not feel
he should release them until he has permission from the
Board of Health. Two members of the Board had not seen
the Selectmen's letter.
The Chairman said the Board would request a report
on the two applications received this evening. He sug-
gested that the Board vote to approve all Common Victualler
licenses, two members sign them and leave them in his
custody until he satisfies himself that, from the Board
of Health's records, they should be granted.
Upon motion duly made and seconded, it was voted
to sign all applications for renewal of Common Victualler
Licenses and leave it up to the Chairman whether or not
the licenses should be mailed out.
Mr.Mabee said he thought the Board of Selectmen
should have a positive letter from the Board of Health
on each Common Victualler license, similar to the pro-
cedure followed in granting Taxi Driver licenses where
a report is received on each one from the Chief of Police.
Upon motion duly made.andseconded, it was voted
to grant the following Taxi Driver Licenses:
Douglas B. McDowell
Richard ffhachadoorian
William F. McKay, Jr.
Ronald E. Richan
Eugene H. Burris
Robert S. Ross
William M. Belcher
Donald F. Bryant
Joseph A. Costa
Robert A. Delsie
Robert E. Fogg
Isabelle M. Kitson
Robert J. Murphy
Winifred W. Belcher
Hugh J. Larkin
Mark C. Aldrich
William P. Brenchick, Jr.
Arthur Conrad
Raymond F. Dalrymple
Paul N. Durkin
Edward Sandler
Upon motion duly made and seconded, it was voted
to request the Town Accountant -to carry the balance
remaining in the Special Counsel Fees' Account forward
to the year 1966.
The Chairman said the Board did not take any action
Insurance on the insurance commissions for the year.
Upon motion duly made and seconded, it was voted
to award the commissions as written for 1964; no change
to be made in the allocations.
The Chairman presented several communications re-
ceived by him from Jules P. Sussman, Chairman of the
Conservation Commission.
One of the letterss stated that the Commission has
465
observed that the last addition to "Whipple Hill" has not
yet been purchased. The land, voted for purhhase under
the parks - playground law, is and will probably be left Conserva-
essentially in its natural state. The commission felt tion
that it may instead be possible to purchase the yet out- articles
standing land under the conservation law. In order to
save time, the commission felt it desirable to place two
articles in the warrant; one to transfer money to the
Conservation Fund (presumably from the funds devoted to
the earlier article to purchase the same land, plus funds
to take up the increase in its value) and an article to
authorize the purchase of the land for conservation purposes,
citing appropriate sections of the law. The Commission
felt, since negotiations have apparently fallen through,
the eminent domain clause, which is now applicable to con-
servation land, should be included.
s Upon motion duly made and seconded, it was voted
to proceed in the manner suggested by the Conservation
Commission and insert the two articles, as requested.
The Chairman presented a letter from Jules P. Sussman
to Mr. William L. Slayton, U.S. Department of Hous&ng and
Urban Development, Washington, D.C., thanking him for
his telegram of December 21 advising of approval ,of the
Commission's application for $79,100. of counterpart funds
for pro sct Mass. 0S-16.
The Chairman submitted a letter from Mr. Jules P.
Sussman, addressed to the Planning Board, requesting that
Board to take steps as rapidly as possible to see that no Electrical
new 'rats nests" of electrical wires are strung up in new wiring in
neighborhoods. The letter stated that the subdivision subdivision
regulations adopted last year merely "encourage" the
developers to bury the wires. If Town Meeting action is
required, he requested that an appropriate article be
placed in the warrant for the March Town Meeting.
The Chairman submitted a report on The New Conser-
vation to the People of Lexington, received from Mr.
Jules P. Sussman.
Each member of the Board also received copies of
Conservation Commissions at the Local Level apparently
left for the Board by Mr. Sussman.
Mr. Cataldo reported that the Public Works Building
Committee recommends the insertion of an article in the
warrant for the March Town Meeting, authorizing the
Selectmen to retain professional services and prepare
final plans and specifications and to obtain bids for the
eonstruction and original equipping and furnishing of the
466
of the additions and renovations to the Town Public Works
Building located on Bedford Street. He said the committee
has been carrying a figure of $250,000. and would have the
plans and the price for next Monday's meeting.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant as requested.
Mr. Cataldo reported that the Public Works Building
Committee recommends the extension of the contract be-
Halse3y tween the Town and William A. Halsey, architect, from
contract December 15, 1965 to January 10, 1966, to provide pre -
extended liminary cost estimates.
Upon motion duly made and seconded, it was voted
to extend the contract between the Town and William A.
Halsey, architect, from December 15, 1965 to January 10,
1966.
Mr. Cataldo said, as a member of the Public Works
Building Committee, he, Mr. Gray and Mr. Carroll discussed
informally with the Committee, whether or not the Board
should be approached relative to inserting an article in
the warrant, as preliminary steps for additional office
space in the Town Office Building. He said it would
take two years to obtain the figure.
Mr. Sheldon said this would be a study committee.
The Chairman said it would be a committee to report
back with plans, involving an appropriation of $2,000.
Upon motion duly made and seconded, it was voted
to insert an article to provide for a study committee and
an appropriation of $2,000.00.
Mr. Cataldo said he would like Mr. Carroll to arrange
to have the Millyan and Jugenfeld properties cleaned up.
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 pertaining
to a legal matter, it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 9:58 P.M.
A true record, Attest:
ive' Cler!', Selec
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