HomeMy WebLinkAbout1947-11-1790
SFLECTI: EN' S IJEETINC;
November 17, 1947
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
November 17, 1947. There were present: Messrs.
Locke, Emery, Gay and Driscoll. In the absence
of Mr. Paxton, Mr. Locke served. as Chairman.
At 7:30 P.M. Mr. James J. Murphy and his
counsel, Mr. Alfred P. Tropeano and Mr. Joseph H.
DeFoe met with the Board. Mr. Tropeano informed
the Board that P:ir. and Mrs. Murphy owned con-
siderable land on the upper end of Grove Street.
The taking for road easement consisted of 36,400
square feet and there were also 13,200 square
Murphy feet taken for road slope purposes. The taking
and Tropeano about which Er. Murphy is concerned is in regard
re: land to the trees. The taking included the stone wall
taking and practically all of the trees. He explained
that the Murpny frontage is approximately 470 feet,
starting at the end of the Cosgrove line. Mr. Locke,
asked is this the county lay -out and Pr. Tropeano
replied in the affirmative, but said that the town
is responsible for the damages. Mr. DeFoe explained
that the county intends to leave all the trees and,
they proposed to fit the road in and expect to take
only a few trees. Mr. Tropeano said that his client
purchased the property in three separate parcels
and that it is on high land where the cut off starts,
and he would have had room enough for five house lots.
He explained that the low land is practically worth-
less at the present time. Mr. Tropeano said that
under the taking the Town has taken the stonOall
and the Town may move the stone wall with the consent
of the owner to the new line and that is one thing
that Mr. Murphy would like to have done. Mr. Murphy
stated that if the stone wall is put back he
believes it to be worth 12.00 or 13.00 a foot. Tvlr.
Tropeano explained by use of a ''_blueprint that Mr.
Murphy would have five lots but by starting the road
where they did it eliminated the fifth lot. He
said that he has not contacted any experts on the
matter as he did not think it necessary. Mr.
1
91
Tropeano explained that the statute will run out
in December and he will have to start a friendly
suit to prevent the statute from running out. He
said that he has discussed the price with Mr. Murphy
and explained to him that the value of the trees will
be taken into consideration only on the enhancement
of the land. Mr. Tropeano said that Mr. Murphy has
set a very high price on the trees with which he does
not agree. He explained that the town or the county
could go in at any time and take the trees down and
that the best figure that he could get Mr. Murphy to
permit hild to submit is 42,000.
Mr. Paxton arrived at the meeting at 8:02 P.M.
Mr. Tropeano stated that Mr. Murphy has lost the front
line, the trees are on the easement and his house may
have to be set back to allow grading. He stated that
there is no question that there is a value to the trees
and the stone wall which Mr. Murphy values very highly.
He explained to the Board that Mr. Murphy is asking
that the ttone wall be relocated, plus a payment of
02, 000.
The Chairman explained that there is a very
similar situation on Spring Street. The trees are
within the taking but in the construction of the street
neither the trees nor the stone wall were disturbed,
and the property owners never asked for anything as
far as the taking was concerned. He was, in fact, glad
to get a wider street pavement. Mr. Tropeano said that
if the town widens the street in connection with Route
128 the wall and trees will be taken and Mr. Murphy's
time will have run out. The Chairman replied that the
Town has made a taking but does not expect to do con-
struction at the present moment. He said that the
Town tries to save trees wherever possible. The Chair-
man asked if some kind of an agreement could be arriv-
ed at whereby the Town would replace the wall if and
when the street is widened. Mr. Murphy replied in the
affirmative. Mr. Tropeano said he thought an agree-
ment along that nature would be satisfactory. The
Chairman said if the street is left in its present
condition there is no need of replacing the wall. He
inquired about the number of trees and Tis. Tropeano
replied that five were taken and there are 21 addition-
al. The Chairman said that it might be possible to
swing the line and save the trees. Mr. DeFoe agreed
92
F. L. Stevens
re: Goodwin
Road
as to this possibility. The Chairman asked Mr.
Tropeano just what it was his client wanted. Mr.
Tropeano replied that he wanted the wall relocated,
when and if the surface part of the street does
encroach upon it, and ;P 2,000. The Chairman suggest-
ed that the Board be given an opportunity to consider
Mr. Murphy's request and also to look at the property.
Mr. Tropeano and Mr. Murphy retired at 8:15 P.M.
Mr. F. L. Stevens, his attorney Mr. Walter
McLaughlin, Francis J. Hunt, a court stenographer,
Mr. Baird of. the Taxpayer's Association, Mr. Peal
Hederstedt, and Mr. William Coscia met with the Board.
Mr. Stevens stated that he was after the facts on
Goodwin Road. The Chairman said that Mr. DeFoe
prepared a list of Figures which were presented to
the Taxpayer's Association meeting. Mr. Stevens.
d]i med that he never received the figures. Mr.
Stevens said that he is trying to prove the figures
are either right or prove them wrong. He said that
Mr. DeFoe gave him slips to show where the loads
were delivered. He asked Mr. DeFoe to go with him
to see where the work was done. It can be seen on
Goodwin Road so it can be seen anywhere else. He
said the 13th of October was a holiday and Mr. DeFoe
told him that it is common practice not to work on
town pro4ects on a' -holiday. Two slips shown 76 tons of
crushed bank gravel delivered to Goodwin Road; 162
tons for Highway Maintenance which Mr. Stevens claims
he has not been able to follow; 16 3/4 tons on water
construction; and, 3 tons on sewer services. Mr.
Stevens said that he has been unable to find that
that town used crushed bank gravel on the previous
week or the following week. He stated that on the
14th, a town day, the town used peastone on Goodwin
Road. He said the town did not use any the week before
or the week after but they used 13 tons on Goodwin Road,
14 tons highway maintenance, 14 tons North Lexington
sewer; and, 27 tons on water construction, Mr. Stevens
stated that on Saturday, the 18th, 33 tons of crushed
rock went on Goodwin Road, 21 tons on North Hancock
Street and again the same situation appears. There
was not any used the week before of the following week.
Mr. Stevens asked the Chairman if he were associated
in business with Rupert Stevens and the Chairman
93
replied that he is doing some work with him. Mr.
Stevens said that Mr. Gordon Richards told him that
the town did not have time to do the fire station
but Goodwin Road was done. Mr. Stevens said that
he has Mr. Richard's estimate of 700 square yards
of black top at the fire station at $1,050. He said
the figures, according to Mr. Richards, show 60 to
70 tons of black top. Mr. McLaughlin said that his
client is looking for information and that he under-
stands he has had to dig for the information. He
stated that if a citizen comes before the representat-
ive governing group and asks for information it should
be given to him clearly, logically and so that anyohe
can understand it. He said that he was sent down to
the Highways and Treasurer's Office and was shown a
lot of invoices. Mr. McLaughlin said that with his
training and experience he could not put them together
and there is one man who knows what was done on all
of these roads and that is 1„r. Weisinger. He said he
thought it was an obligation of the Board to bring
Mr. Weisinger in and have him tell what was done.
He said that if one takes the time record and allocated
it to what is known to be the basic cost, then find
that Goodwin Road cost X400 and the contractor's cost
would be $1500.00, and try to line it up against the
cost of Goodwin Road, there seems to be something wrong.
Perhaps the Board doesn't know about it and there is one
man who knows about it- Mr. Weisinger. Mr. McLaughlin
said that he is making a specific request for the Board
to have Mr. Weisinger in to answer the questions. He
said he would like to know the answer to Goodwin Road;
- an area of 1760 square yards at a cost of $450 when
everyone knows that it could not be done for less than
1,500'.00. He said that if something is being put over,
and the Board doesn't know about it, the Board now
knows it is the subject of inquiry. The Chairman said
that he agreed with what Er. McLaughlin said but he did
not believe they should try to get the information as
though he was the District Attorney and the Board were
criminals. He said that he thinks it is the opinion
of the Board, and if he is wrohg the Board may correct
him that they do not intend to be questioned as
criminals. He explained that 1dr. Weisinger was in
before the Board last week and was questioned and the
Board was satisfied with the informatioh. The Chair-
man'said.' that Mr. Weisinger is a foreman and a
94
Mr. Thayer
re easement
on Brookside
Avenue for
drainage
laborer and these fellows get disturbed. He said that
the Board does not approve of the fact that Goodwin
Road was done, and the Selectmen do not like it
because it was done on town time. He said the error
was made and has been checked as closely as possible.
Mr. Emery said that if Mr. Stevens had eye witnesses
of the time the roller was on Goodwin Road, and the
time is different from what the Board has been told
he thought the Board should be given the information.
Mr. McLaughlin said that this job figures 33¢ a yard
and he asked if Goodwin Road could be repaved for
33¢ a yard. The Chairman replied that there is a
possibility the way the town does the work. Mr.
McLaughlin asked if as a private contractor Mr.
Paxton would do it and he replied "not as a private
contractor". Mr. McLaughlin asked if Mr. Paxton
thought town employees and town equipment are more
economical than private contractor. The Chairman
explained that a private contractor pays a different
rate of pay and people expect nearly perpetual main-
tenance from a private contractor. He stated that
the job the town did was not in any way similar to
the job he would have done. He said that you cannot
compare that type of work with a bi-concrete pavement,
and that is completely different.
The Chairman explained that the Board had an
appointment with an elderly gentlemen and would appre-
ciate it if the group would agree to retire for this
appointment. The group retired at 8:45 P.M. and Mr.
Thayer of Brookside Avenue met with the Board.
Mr. Thayer informed the Board that he has owned
his present home for 27 years. The Chairman explained
that the Board would like an easement to go right by
a lot line to the brook. Mr. Thayer said that he is
anxious to have the $2,900 assessment released. The
Chairman said he thought the Board was in complete
sympathy with him on this problem. AIr. Thayer said
that the back land would be sold long before any-
thing could be done with it. The Chairman asked if
Mr. Thayer ever used it for a garden. He said that
he has but he is not able to use it for that purpose
any longer. The Chairman explained it is difficult
for the Board to determine what the actual cost is
going to be and therefore,
95
•
a t1 , t is difficult to tell how
mucil ti Board could abate. Mr. Thayer said he
wa9/going to pay more money for the road. He said
that building a road will throw a lot of excess
water on his property. The Chairman explained that
the town would build up the shoulders and the water
will go through a catch basin and then into a pipe
which the town wants to install. Mr. Thayer said
that his lawyer stated that there can be no assess-
ment of betterments where there is no betterment
and that the place is no good to Mr. Thayer now.
He said that his lawyer could fight it but it
would cost too much money. The Chairman explained
that the Board does not want to put i:%ir. Thayer in
the position of fighting this and unfortunately, at
the present moment the Selectmen cannot commit
themselves. The Chairman asked if Mr. Thayer
would permit the town to have the easement and trust
to the discretion of the Board relative to an abate-
ment. The Chairman said that after the work is com-
pleted and the Board has the real cost he thought
that Mr. Thayer could rest assured the Board of
Selectmen will do everything they can to give him
the fairest charge possible. He said the Board could
do nothing more than that and that Lr. Thayer would be
taking a gamble. The Chairman said that if Mr. Thayer
would consider giving the town permission to put
the drain through he was sure that this Board would
treat Mr. Thayer in the fairest possible manner. Mr.
Gay asked if the lot at the lower end could be used
as a building lot and Mr. Thayer replied that the
upper end of the back lot is hollow. Mr. Thayer
said that he supposed he could let the town put the
drain in and the Chairman said that it would permit
the town to complete the job. Mr. Thayer said that
he guessed he would let the town put the drain across
there. He said he would be leaving Lexington just
as soon as he was able to get reservations. The Chair-
man said that when he came back in the Spring the Board
would get in touch with him. Mr. Thayer retired at 9:00
P.M.
Mr. Stevens, et al, returned to the meeting. Mr.
McLaughlin stated that there is something of vital in-
terest to him and that is the delivery slip of H. H.
96
McGuire delivered to the Town on October 14th and
accepted by Mr. Weisinger. He said that it is
obvious that the record has been changed by an erasure.
He said that this is a matter of interest to the citizens
of Lexington and.he assumed it is a matter of interest
to the Board of Selectmen. He asked first who would
. have the courage to tamper with the records and sec-
ond, what was the reason. He said at this point he
would like to have the Selectmen take ever, and find out
from the Superintendent when, how and why the record
was changed. Mr. DeFoe said that he did not know
anything about a change. Mr. McLaughlin asked Mr.
DeFoe if he changed the record and he replied in the
negative. Mr. McLaughlin asked who had access to the
slip and could have changed it and Mr. DeFoe said that
the girls in the office make otjt the bills. Mr. Mc-
Laughlin asked who received delivery slips and Mr.
DeFoe said that the foreman receives them. Mr. Mc-
Laughlin asked what the foreman did with the slips
and Mr. DeFoe replied that he gives them to Mr. Harr-
ington.* MP, McLaugh1±n-a ked-to'-whoni— r.'HnTx`rflgto-n
would give 44e slips u nl MIS: 'De1?ue i epl1ed Lhdt-tt
would- retnincd. Mr. McLaughlin asked if these
were the only persons who would have access to the
slips outside of the Superintendent, and Mr. DeFoe
said that he did not know of anyone else. Mr. Mc-
Laughlin said that if the Board of Selectmen decides
what they intend to do he wanted them to notify Mr.
Stevens in writing of what was to be done about
altering town records. Mr. Gay asked on what basis
Mr. Stevens claimed that this load cost more than it
has been billed for. Mr. McLaughlin said that he
has received the cost from a contractor for the same
type ofjob. Mr. DeFoe said that the records were not
eltered9* Mr. Stevens said that the records of H. H.
McGuire shown 1,480 gallons was delivered to Lynch.
He said any other record was the record of Weisinger
or DeFoe. The delivery record of the truck shows
1,480 gallons to Lynch. Mr. McLaughlin said that he
wanted two things. He wanted the Board to advise Mlr.
Stevens in writing their decision about altering tewn
records and second, whether or not the Board was
going to produce Mr. Weisinger to answer questions on `.
this road. He said that he would make a formal ret -
Quest on behalf of Mr. Stevens that the Board produce
Mr. Weisinger to answer questions. Mr. DeFoe stated
that the cost of Goodwin Road came out 38.4 a yard.
*Mr. McLaughlin asked to whom Mr. Harrington would give
the slips and Mr. DeFoe replied to the girl in the office.
Mr. McLaughlin asked what she would do with it and Mr. DeFoe
replied that it would be retained.
**and the delivery tickets were not altered.
The cost of Grove Street was 22.6 and the cost of
Robinson Road was 19.1. The Chairman said that Mr.
McLaughlin had made a formal request which the Board
would discuss. Mr. Stevens said that he would pick
up a letter in the morning. The group retired at
9:50 P.M.
Mr. Alan Adams met with the Board. The Chairman
said that the Board understands that Mr. Adams in
the past has checked with the Clerk on the Specific-
ations for Town Reports. He said the Board is anx-
ious to obtain a good report at the lowest possible
price. Mr. Adams said that he would suggest that
possibly the Board could get a combination of the last
two reports within limits. He believed by editing the
Town Report, space would be saved; however, he did not
know who could do this. Mr. Adams said that he bel-
ieved a smaller report could be written up which would
be more interesting, cheaper and more informative. The
Cb.airman said the Board has not discussed the form of
Town Report but he baij?ves the members would agree that
they are not in a position to edit the report, and it
might have to be done by a committee. Mr. Adams said
that if the last two reports were combined the specifi-
cations would have to be changed. He suggested that the
Town Accountant's report be reduced in.type size and
that the book face be used instead of news style face.
He said the most essential thing is to get someone to
rewrite the job. The Chairman suggested that Mr. Adams
write a letter to the Board outlining his suggestions
so that the Board may have something to consider at the
next meeting. Mr. Adams stated that ha would make the
suggestions but he definitely is not interested in print
ing the report this year. Ivir. Adams retired at 10:05
P.M., and Mr. John Baskin raet with the Board.
Mr. Paxton presented a sketch of the land taken Baskin re
by the Town for school purposes. He is interested in purchase
purchasing a portion of the Burton property and of
straightening the line. The Chairman said that he Burton
;g1aot know whether this could be done but the Board property
/discuss it and let hire know. Iter. Baskin retired at
10:15 P.M.
97
Alan
Adams
re Town
Report
98
Bids for
Cast Iron
Water Pipe
At this point the meeting adjourned for an
intermission. The meeting reconvened at 10:40 P.M.,
at which time Mr. DeFoe informed the Board that i$4()
had received the followingquotations for Past. iron
water pipe:
R. D. Woad Not interestedid bidding.
U. S. Pipe & Foundry Co.
(Subject to change without notice)
6" $ 1.59
8" 2.28
10" 3.06
12" .3.94
Warren Pipe Co. of Massachusetts
(Subject to maximus: change of 10% raise)
6" $ 1.48 (Maximum $1.63)
8" 2.11 2.33
10" 2.83 " 3.11
12" 3.65 " 4.02
Nir. Gay asked if the Warren Pipe Company would
accept an order subject to a vote of Town Meeting and
Mr. DeFoe replied in the affirmative. Mr. Emery said
that unless there was a clause in the Warre_Pipe
Company agreement whereby any increase shall not
exceed either 10% or prevailing prices, whichever is
lower, there is nothing to prevent them from increasing
the prices at any time. Upon motion of Mr. Gay, sec-
onded by Yr. Driscoll, it was voted to authorize the
Superintendent to place an order for cast iron pipe
with the Warren Pipe Co. of Massachusetts at the
prices quoted, with the definite understanding that
any increase in price shall not exceed -either 10%
or prevailing prices, whichever is lower at the time
of delivery. It was also to be further understood
that the order is subject to an appropriation of funds
being made at the annual Town Meeting in March.
Mr. DeFoe said that the Board had suggested that
he advertise for gasoline bids. He said that gas is
getting dcarce. He said that he has talked with the
L\
Shell representative, who is of the opinion that
with the supplied being out the price may be
raised, and he feels that the bid will be in-
creased when it comes in because other companies
will not be anxious to take on new customers with
a shortage of gasoline. The Chairman asked if
the Board wished to request bids with the possi-
bility of paving more, or let it go along on its
present basis. Mr. Emery asked how the Chairman
felt on the subject. The Chairman said that his
personal opinion is that they could continue with
Shell, who has always taken care of the town and
their price was always favorable.
Mr. Emery asked if a contract would have to
be signed and Mr. DeFoe said he could have them
write a letter saying that they would continue
to supply the town with gasoline. Mr. Driscoll
moved that the Superintendent be authorized to
continue purchasing gasoline supplies from the
Shell Oil Company. Mr. Gay seconded the motion,
and it was so voted.
Mr. DeFoe said that l,,r. Luongo has received
his check for $100 and that he is now ready to
install the water main in Buckman Drive. Mr.
Locke stated that it is certainly within the
premises of the Board of Selectmen to order the
installation. b±. LoCke,moved that the Supt.
of Public Works be authorized to install water
main in Buckman Drive. Mr. Gay seconded the
motion, and it was so voted.
99 .
Continue
purchase
of gas
from
Shell Oil
Approve
installation
of Water
Main
Mr. DeFoe said that the Chief of Police is
not in favor of opening up Bedford Street for traffic
Saturdays and Sundays. The Chief believes it would
be much better to leave the horses up and the street
partially obstructed because the town would then be
protected if anything did happen. He said that he
could put a man there if it is necessary but he
believes it is safer the way it is. The Chairman
said that his personal opinion, in view of what
he saw coming down there this evening and the cons-
truction changes that take place, that it would be
well to leave this decision to the Supt. of Public
Works and the Chief of Police. The Board agreed.
Traffic
on Bed-
ford St.
100
The Chairman read a letter signed by residents
Petition of Lisbeth Street requesting that the street be fixed.
for repair Mr. DeFoe was instructed to contact the property owners
and give them an approximate cost before estimates are
prepared, this to be done verbally and nothing submitted
in writing.
Claim
for
accident
Sachetti
Subpoena
served on
Town &
County
Land
Taking
Changing of
Town
Records
The Chairman read a letter from Michael J. Vaughan,
82 Woburn Street, requesting the installation of curb-
stone in front of his property. The Chairman asked Mr.
DeFoe if he expected to put curbing in there this year
and Mr. DeFoe replied in the affirmative.
The Chairman read a letter from Parker Brownell
stating that he represents Miss Anita V. Saehetti who
lives at 12 Cherry Street. As the result of a fall
Miss Sachetti fractured her left wrist and she is
claiming that this accident was caused by the neg-
ligence of the town in allowing an accumulation of
stones or boulders to remain on the travelled way
without any warning or lights. Mr. DeFoe informed the
Board that he has discussed this matter with the Town
Counsel who wrote a letter to Brownell. The Chairman
stated that the contractor is protected by public
liability. The Chairman said that Mr. Lynch should
be notified that the contractor should be advised of
this accident.
Mr. DeFoe said that be belived Mr. Lynch under-
stood that but he would mention it to him again.
The Chairman read a letter from the County Comm-
issioners to which was attached a copy of a subpoena
served on the County for assessment of damages by
Ernest B. Johnson, Jr., on account of land taking
on Grove Street. The County Commissioner also
requested that the Board appoint counsel to enter an
appearance in behalf of the town and county. Mr. Emery
moved that the letter and subpoena be referred to the
Town Counsel. Mr. Driscoll seconded the motion, and
it was so voted.
Mr. Locke asked if Mr. DeFoe would be interested in
the Board's decision relative to changing town records.
Mr. DeFoe said that no town records have been changed.
He said that the gallonage shown by H. H. McGuire has
not been changed, but that the town showa the various
jobs on which the material was used. The Chairman
asked if H. H. McGuire made out slips at the plant
101
or if the truck drivers made them out on the job.
Mr. DeFoe replied that he thought they were made
out at the plant but he was not sure. Mr. Driscoll
and Mr. Gay agreed to visit H. H. McGuire's office
and check their slips and also check with the truck
drivers. It was unanimously agreed that a letter
be written to Mr. Stevens advising him that the Board
of Selectmen is certainly not in favor of a policy
of changing official town records. It was also agreed
to inform Mr. Stevens that the Board had questioned
Mr. Weisinger and feels that his answers, as far as
the Board is concerned, are satisfactory, and unless
Mr. Stevens will produce affidavits in support of his
statements that he has witnesses to refute information
Mr. Weisinger has given to the Board, the Selectmen
do not feel warranted in subjecting Mr. Weisinger to
examination.
The Chairman asked lir. DeFoe if Mr. Lynch, before
he came to the Board of Selectmen, mentioned oil. Mr.
DeFoe said that he does not recall what was said. He
said he does not remember whether the words "build"
the road or "surface" the road were used. Mr. DeFoe
retired at 11:55 P.M.
The Chairman read a letter from the Outdoor Adver-
tising Authority stating that they have an application Hearing
for the maintenance of a sign at 1835 Massachusetts for
Avenue. The Board's objection to the sign has been Sign at
noted and if a public hearing is desired the Atit'hority 1835 Masa
should be notified within ten days. The Clerk was Avenue
instructed to request the Outdoor Advertising Author-
ity to hold a public hearing at which time the town
counsel will attend to voice the Board's objection.
The Chairman read a letter from the Town Account-
ant stating that it will be necessary to transfer
?4528.22 from the Reserve Fur:d to Fire Pensions to pay
Mir. Richard's retirement retroactive to October 7,
1946. The Clerk was instructed to check with the Transfer
Town Counsel as to whether or not a transfer can be to Fire
made from the Reserve Fund to provide payment from Pensions
the date of the acceptance of the Act. If so, a
request is to be made to the Appropriation Committee
for the full amount. If it cannot be done the
Appropriation Committee is to be requested to transfer
an amount from the first of January, this year.
102
Transfer
from Reserve
Account
to
Forest
Warden
Letter
from
Town
Counse 1
re
Officer
Knapp
Options -
j Elementary
School
Accepted
The Chairman read a letter from the Forest Warden
requesting a transfer of :3325 from the Reserve Fund to
the Forest Warden - Wages and Expenses Accoant. The
Forest Warden informed the Selectmen that as the result
of a long period of drought unexpected expenses have
been incurred resulting in the necessity of additional
funds. Mr. Driscoll voted that the Appropriation Com-
mittee be requested to transfer the sum of 025 from
the Reserve Fund to the Forest Warden- Wages and Ex-
penses Account. Mr. Emery seconded the motion, and it
was so voted.
The Chairman read a letter from the Town Counsel
regarding the report received from the medical panel
relative to the retirement of Officer Knapp. Mr. Lynch
stated that the finding of the medical panel relative
to the retirement of Officer Knapp falls far short of
the statutory requirement of a finding that the appli-
cant is "mentally or physically incapacitated for
further duty and that such incapacity is likely to
be permanent ". Hr. Lynch said that in his opinion
Officer Knapp cannot be retired on the report of the
medical pahel. The Chairman suggested that a copy
of the Town Counselts letter be sent to the chairman
of the medical panel. Mr. Emery said that all the
Board could do is advise Officer Knapp that on the
basis of the report submitted by the medical panel,
and the Town Counselts advice, the Selectmen do not
feel that the report is sufficient to warrant his
retirement.
The Chairman read a letter from the Town Counsel
regarding the options given to the Town for the acq-
usitien of real estate for elementary school purposes.
Mr. Lynch stated that it is not customary to make a
detailed examination of the title to property until
after the options have been accepted. He explained
that the thirty day period between the acceptance of
the options and the passing of papers is specifically
provided to allow sufficient time to check the title
and the clearing up of any deficienbies in the title.
However, acting on the assumption that the options
would be accepted he started a title search several
weeks ago and expects a report from the conveyancer
within a week. Mr. Lynch recommended that the Board
103.
vote to accept the options after which time he
will communicate with the owners by registered mail
and make arrangements to have all necessary papers
executed. As soon as the money is available for pay-
ment to the owners Mr. Lynch would like to be advised.
Upon motion of Mr. Gay, seconded by Mr. Driscoll, it
was voted to accept the options given the town for
the acquisition of land for the proposed elementary
school.
The Chairman read a letter from Pennell & Thompson Lot 5
advising that their customer will make an offer of Spring
$300 for Lot 5 Spring Street. This concern was St.
advised on November 4th that the Board would entertain
an offer of 0350 for this lot. The Clerk was instruct-
ed to inform Pennell, & Thompson that the price for
this particular lot was still .350.
The Chairman read a letter frot Thomas Walsh, Advo.
6 Ames Avenue, offerring .35.00 for Lot 482 Aures Lot 4.82
Avenue, Lexington. Mr. Walsh claims that this parcel Ames Ave.
of land adjoins his property. Mr. Spencer recommends
the offer be accepted. Mr. Emery moved that a pro-
posal to sell the lot be advertised in the Lexington
MinutelMan and that further consideration be given
the offer at the next meeting of the Board. Mr. Gay
seconded the motion, and it was so voted.
A letter was received from S. C. Sone, 51 Ward
Street, relative to Lots 27-31, inclusi�e, Block 17,
Ward Street. Mr. Stone has been advised that the
Board will entertain an offer of $600. Mr. Stone said
that lots have been sold on Reed Street for 050, and he
is ttill offerring $0. for each lot. The Clerk in-
formed the Board that Mr. Spencer, Mr. Potter and Mr.
Steeves again checked these lots and all agreed on the
price of $600. Mr. Emery said that the Board has
followed tax title recommendations so far and may te
well go along until there is a change in the policy.
An application was received from the Lexington Use of hall;
Taxpayer's Association for permission to conduct a
lecture in Cary Memorial Hall the evening of Dec-
ember 10th from 8:00 to 11:00 P.M. Mr. Emery moved
that the use of the be granted free of charge. Mr.
Driscoll seconded the motion, and it was so voted.
104
Upon motion of Mr. Locke, seconded by Mr. Gay,
it was voted to sign a deed prepared by the Town Counsel,
conveying a parcel of land in Lexington to Edwin John
Lee.
Mr. Locke said that he had received a letter from
Approve the Clerk pf tkie Board of Appeals requesting a transfer of
Transfer $100 from the Reserve Fund to the Board of Appeals,
Bd. Expense Account. He suggested that possibly this amount
Appeals be increased to $115. TheChairman suggested that the
Board ask for $125,.eliminating the possibility of having
to ask for another transfer. Mr. Locke moved that the
Appropriation Committee be requested to transfer the sum
of $125 from the Reserve Fund to the Board of Appeals -
Expense Account. Mr. Driscoll seconded the motion, and
it was so voted.
The meeting adjourned at 12:40 P.M.
A true record, Attest:
Cle , lectmen.