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HomeMy WebLinkAbout1948-10-2161 SELECTMEN'S MEETING October 21, 194$ A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 21, 1946 at 7:30 p.m. Chairman Potter, Messrs. Locke, Rowse, Sarano and Paxton were present. The Clerk was also present. At 7:30 p.m. Mr. Chester Lidberg, 92 Adams Street, and Mr. Joseph H. DeFoe, Sup+t.of Public Works, appeared before the Board. Mr. Lidberg said that he has always had more or less of a problem relative to water for fire protection and for use in his dairy. He said that in 1938 the Town of Lexington started taking land for the North Lexington Sewer. H e stated that previous to that time he had applied for water but the figures quoted him were so high that he could not afford the installation. He said that he attended a Selectmen's Meeting during the time when Mr. Giroux was Chairman and the Board promised Chester him that if he "played ball" so to speak, they would see Lidberg that in future years the water was installed. Mr. Water Lidberg said that damages to his property were estimated at $136. He said that the adjacent property belonging to the Federal Land Bank was assessed damages in the amount of $449; suit was brought and they collected $2,500. Mr. Lidberg said that on the other side of the street Porter Brothers and Wilson were assessed damages in the amount of $278 and they collected $1,000. He said With the thought in mind that the Town would help him to get water, he was satisfied to accept the $136 figure and so he did not bring suit. Mr. Lidberg said that his family has lived in Lexington for twenty-fwda years and pays approximately $400 in taxes. He said the distance between his farm and the nearest fire hydrant is 1300 feet. He said that he wants water and feels that the Town owes it to him. The Chairman said that Mr. Lidberg's story sounded plausible, but even if the present Board is willing to install the water, the problem would be to obtain pipe. Mr. Lidberg said he would like an agreement or an understanding that the Town will install the water. Mr. Rowse asked if Mr. Lidberg was merely asking for the installation and intended to pay for it. Mr. Lidberg replied in the negative. He said that he received $136 for damages for almost an acre of land taken through the middle of his farm, and he understood that they would give water without charge. 62 Purchase Canopy for C1etrac Install Four Street Lights Goodwin Road Install One Street Light Emerald St. Early Morning Street Lighting Author'zd Water Pipe Follen Hill Development The Chairman said that he did remember the Lidberg property was one for which no suit was entered, and he asked if anyone else would be served beside the Lidbergs if the water main were installed. Mr. Paxton said that he believed there were three ownes, Berman, Herlihy and Lidberg. The hairman said the Board would discuss the subject and let Mr. Lidberg know the decision made by the Board. Mr. Lidberg retired at 7:45 p.m. Mr. DeFoe informed the Board that he has an opportunity to purchase a canvas canopy for the cletrac at a cost of $150, plus 15 for the installation charge. Mr. Paxton moved that Mr. DeFoe be authorized to purchase the canopy and have it installed. Mr. Sarano seconded the motion, and it was so voted. • Mr. DeFoe said that the Board had authorized him to install one light in Goodwin Road. However, Mr. Hitchcock of the Boston Edison Company recommenda the installation of four lights. Upon motion of Mr. Sarano, seconded by Mr. Paxton, it was voted to authorize the Supt. of Public Works to • proceed to have four street lights installed on Goodwin Road; the wires to be overhead. Mr. DeFoe reported that he had inspected Emerald Street as a result of a request for the installation of one street light. He said that there would only be two houses affected bgt it might be helpful during snow removal and recommended that it be installed. Mr. Paxton moved that the Supt. of Public Works be authorized .to request the installation of one street light on Emerald Street. Mr. Sarano seconded the motion, and it was so voted. Mr. DeFoe'brought up the question street lighting, and upon motion of Mr. by Mr. Locke, it was voted to authorize stteet lighting using the same schedule 1945; i.e. December 4, 1946 to April 1, of early morning Rowse, seconded early morning that was used in 1947. A letter was received from Mr. W. S. Couette stating that it was absolutely necessary to have the water pipe installed in the Follen Hill Development. Mr. Couette said he wanted it very clearly understood that under no circumstances could they wait until next spring, unless the pipe is absolutely unavailable. Mr. Couette said that it is of prime necessity that he register with the Selectmen the need of installing the water pipe in the Follen Hill Development forthwith if possible. 1 1 1 The Chairman asked if the installation of water pipe in the Follen Hill development would have any effect on the Spring Street project. Mr. DeFoe said that the pipe for the Spring Street job was the last order placed, and it should be delivered some time in November. He further stated that the last third of the Follen Hill pipe will arrive within a week. Mr. DeFoe said that on the Spring Street job they will use six, eight or twelve -inch pipe, but he has not enough of any one kind to complete the area. He said that there would not be any continuity of the work. Upon motion of Mr. Sarano, seconded by Mr. Locke, it was voted to sign the following water main orders. for Buckman Drive, Dawes Road, Churchill Lane and Locust Avenue. (Buckman Drive) ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main BUCKMAN DRIVE From the present end southerly and distant approximately 1,100 feet 6 Sign Water Orders Fallen Hill Development WHEREAS, at a meeting duly called and held on March 25, 1946, The Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1946, subject to the assessment of betterments, and to take by eminent domRin any necessary easements therefor." For the purpose of said installations the sum of $10,000 was transferred from the Water'Department Available Surplus Fund to the Water Construction - Sundry Streets Account. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, 64 hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Buckman Drive from the present end southerly and distant approximately 1,100 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Buckman Drive on a plan entitled, "Plan of Proposed Water Main in Buckman Drive, Lexington, Mass., Oct. 15, 1946, Scale 1 in.: 40 Ft., John T. Cosgrove, Town Engineer." and owned by R. Lockwood & Philip Tower, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated Oct. 15, 1946, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of John T. Cosgrove, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof horever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of -Selectmen of Lexington aforesaid have hereunto subscribed our names this 21st day of gctober, 1946. /i A. Edward Rowse SELECTMEN /s/ Errol H. Locke /s/ George W. Sarano /s/ William C. Paxton OF LEXINGTON OC got 1 1 1 Buckman Drive SCHEDULE OF ESTIMATED BETIETMENTS REFERRED TO IN THE FOREGOING ORDER BUCKMAN DRIVE From the present end southerly and distant approximately 1100 feet Certificate Owner as of Jan. 1, 1946 Number Lot No. Assessment R. Lockwood & Philip Tower 57990 62 6110.00 0 0 11 1' 63 100.00 n n n n 0 0 64 100.00 rr If rr Ir ' ° n If 65 100.00 n n n n n n 66 105.00 n 1/ n n n 0 67 105;00 11 0 11 11 n 0 68 105.00 f1 0 0 0 0 1r 69 108.00 n n n n 1r n 70 108.46 n n 0 n 0 0 71 108.00 n n n It 0 It 72 110.00 n rr n 0 rr a 0 73 126.07 1r u it HO n t1 103 110.00 rr 0 rr 0 0 r'' 104 100.00 n n n n n n, 105 100.00 n n n 11 1t 106 100.00 1r 107 100.00 It If n 0 n 0 n n n n it n rr n If 0 If 0 n n n 11 n 11 108 109 110 111 112 100.00 105.34 100.00 100.00 100.00 65 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 21, 1946 Then personally appeared the above named William G. Potter, H. Edward Rowse, Errol H. Locke, George W. Sarano and William C. Paxton, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public. (Dawes Road) ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main DAWES ROAD From its present end southwesterly and distant approximately 360 feet WHEREAS, at a meeting duly called and held on March 25, 1946, the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation there- for: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1946, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor." For the purpose of said installations the sum of $10,000 was transferred from the Water Department Available Surplus Fund to the Water Uonstruction - Sundry Streets Account. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, 'THEREYUHt, the Board of Selectmen of the Town of Lex- ington, acting as a Board of Water and Sewer Uommissioners, for and in behalf of the said town, by virtue of the authority con- ferred upon them by the foregoing vote and of every other Wirer them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Dawes Road from its present end southwesterly and distant approximately 368 feet 66 OC wag as aforesaid, the following easement, namely: The right to enter upon the land shown as Dawes Road on a plan entitled, "Plan of Proposed Water blain in Dawes Road Lexington, Mass., Oct. 15, 1946, Scale 1 in. - 40 Ft-, John T. Cosgrove, Town Engineer," and owned by R. Lockwood & Philip Tower, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated Oct. 15, 1946, to be recorded here with. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entery). Betterments will be assessed for this improvement in accordance with the provisions of ChapOr 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprised the several lots shown upon the plan of John T. Cosgrove, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement tb the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supp- lemental thereto:. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto sub- scribed our names this 21st day of October, 1946. /s/ A. Edward Rowse /s/ George W. Sarano /s/ William C. Paxton SELECTMEN OF LEXINGTON 67 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 21, 1946 Then personally appeared the above named Wi 11..4- --G -Potter, A. Edward Rowse, Eirur .-11cmice, George W. Sarano and illiam C. Paxton and severally acknowIedgedthe foregoing inst ument by them subscribed to be their free act and deed and the ree act and deed of the Board of Selectmen of the Town of Lexi ton, before me, I 17 /s/ Hazel J. Murry Notary Public SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER DAWES ROAD From its present end southwesterly and distant approximately 360 feet Owner as of Jan. 1, 1946 Certificate No. Lot No' Assessment R. Lockwood & Philip Tower 57990 127 $100.00 n n n n " n 128 100.00 s n n " " 129 100.00 " " n " n 130 100.00 n M " " " n 98 162.33 n s It ►r n „ 99 105.00 n n' u " n n 100 110.00: (Churchill Lane) ORDER OF TAKING By the Town of Lexington of Easement f the Construction of a Water Main CHURCHILL.LANH From Locust Avenue northerly and dist:nt approxi- mately 550 feet VH REAS, at a meeting duly called and held on M:rch 25, 1946 the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly dopted by unanimous vote the following vote and made an appro.riation therefor: 68 "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter insuch accepted or unaccepted streets as may be applied for during the year 1946, subject to the assessment of betterments, and to take by eminent domain any necessary easements there- for." For the purpose of said installations the sum of $10,000.00 was transferred from the Water Department Available Surplus Fund to the Water Construction - Sundry Streets Account. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main: NOW, THEREFORE the Board of Selectmen of the Town of Lexington, acting a6 a Board of 'Mater and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Churchill Lane from Locust Avenue northerly and distant approximately 550 feet as aforesaid, the following easement, Y: The right to enter upon the land shown as (%hurehill Lane on a plan entitled, "Plan of Proposed Water Main in Churchill Lane, Lexington, Mass., Oct. 15, 1946, Scale 1 inl= 40 Ft., John T. Cosgrove, Town Engineer, " and owned by George E. & Jane G. Connors, R. Lockwood & Philip Tower and Arthur W. & Malvina A. Gosselin, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated Oct. 15, 1946, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the Said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said tonn being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of John T. Cosgrove, Town TRngineer, above referred 0, 1 1 69 which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this 21st day of October, 1946. /s/ William G. Potter /s/ A. Edward Rowse Middlesex, as. SELECTMEN OF /s/ Errol H. Locke /s/ George W. Sarano /s/ William C. Paxton COMMONWEALTH OF MASSACHUSETTS LEXINGTON October 21, 1946 The personally appeared the above named William G. Potter, A. Edward Rowse, Errol H. Locke, George W. Sarano and William 6. Paxton, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deled of the Board of Selectmen of the Town of Lexington,before me, /s/ Hazel J. Murray Notary Public 70 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CHURCHILL LANE From Locust Avenue northerly mately 550 feet Owner as of Jan. 1, 1946 Certificate Nn. George 2. & Jane G. Connors R. Lockwood & Philip Tower » " » ft ft » tt » » » " n 54935 57990 and distant approxi - .Lot No. Assessment 147 153 152 151 150 149 148 Arthur W. & Malvina A. Gosselin 52016 49A ( Locust Avenue) $ 13.91 100.00 100.00 100.00 100.00 100.00 121.49 205.15 ORDER OF TAKING By the Town of Lexington of Easement for.the uonatruetion of a Water Main LOCUST AVENUE From its present end westerly and distant approximately 200 feet WHEREAS, at a meeting duly called and held on March 25, 1946, the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given! duly adopted by unanimous vote the following vote and made an appropriation there- for: "Voted: That the Selectmen be authorized to install water mains not less than 6» nor mare than 16" in diameter in such accepted or unaccepted streets..as may be applied for during the year 1946, subject to the assessment of betterments, and to take by eminent 1.3 1 1 71 domain any necessary easements therefor." For the purpose of said installation s the sum of 010,000 WW1 transferred from the Water Department Available Surplus Fund to the Water Construction - Sundry Streets Account. AND WHEREAB, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commiss- ioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Locust Avenue from its present end wewterly and distant approximately 230 feet as aforesaid, the following easement, namely; The right to enter upon the land shown as Locust Avenue on a plan entitled, "Plan of Proposed Water Main in Locust Ave., Lexington, Mass., Oct. 15, 1946, Scale 1 in.= 40 Ft., John T. Cosgrove, Town Engineer," and owned by R. Lockwood & Philip Tower, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated Oct. 15, 1946, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surphs material and surface left in as smooth and good condition as at the time of entry). • Betterments will be assessed for this improvement in accordance Stith the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots Shown upon the plan of John T. Cosgrove, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. 72 We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto sub- scribed our names this 21st defy of October, 1946. A. Edward Rowse SELECTMEN Errol H. Locke OF r_PnrLP yy_ Sa ra nn LEXINGTON ZJi1ltpm C. PgiaLtoll COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 21, 1946 Then personally appeared the above named WII1-d-Gr4ot axl, A. Edward Rowse, Errol H. Locke, George W. Sarano and William C. Paxton, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, /s/ Hazel T. %urrry Notary Public. on 1 Ira SCHEDULE OF ESTIMATED BETTERMENTS RJFJRRED TO IN THE FOREGOING ORDER LOCUST AVENUE From its present end westerly and distant approximately 200 feet Owner as of San. 1. 1946 Certificate Number Lot No. Assessment R. Lockwood & Philip Tower 57990 155 $105.00 " " " " " " 156 100.00 " * s " " 144 100.00 " " " " " " 145 100.00 A letter was received from the Mutual Studios relative to flameproofing the combustible material on the stage in Flame - the Cary Memorial Hall. proofing Mr. DeFoe informed the Board that this work has Cary already been done for a lower price than the one sub- Hall mitted by the Mutual Studios. A letter was received from Mr. Garrity in reply to the Board's inquiry as to the status of the enclrlsed athletic field. Mr. Garrity stated that in the early part of the Statue summer he spote to Mr. DeFoe about beginning work on of Enclos'i this project and Mr. DeFoe suggested that they wait until a hydraulic engineer was consulted. Mr. DeFoe said that he had in mind consulting Professor George E. Russell, but Mr. Russell has been ill for several months. He said that from the few borings taken it has been indicated that the land is more or less subterrane. He said that the borings showed five feet of firm material on the top and about twenty-five feet of watery substance. Following some discussion on the matter, Mr. Rowse suggested that Mr. Garrity be instructed to withhold any further expenditures until the field is drained. Upon motion of Mr. Locke, seconded by Mr. Sarano, it was voted to sign the bond and agreement pertaining to the la7Qng out, locating and constructing Castle Road in the Subdivision of Castle Heights. 74 Chapter 90 Roads Commission- ers Approval Patch Fair Oaks Section Town Equip. Damaged It. Town Counsel Re: Payment of 120 Raise Disapproved By Com. Long Letter was received from the Commonwealth of Massachusetts, Department of Public Works, advising that the Commissioners approved as of September 5 the work done under the provisions of Sectithn 34, Chapter 90 in the maintenance of Chapter 90 roads under contract #9737 dated July 16, 1946. A copy of this letter was submitted to the Supt. of Public Works. Mr. Rowse stated that he had received a t$lephone call from a resident in the Fair Oaks Section claiming that the streets in the area had been damaged by Town equipment working on the installation of the sewer in Fair Oaks Terrace. He said that the residents in the neighborhood were very much distrubed. Mr. Paxton said that he had also received a similar telephone pall. Mr. Paxton suggested that possible some patching could be put on the road if it were damaged by Town equipment. Mr. Saran moved that the Supt. of Public Works be authorized to patch the streets in the Fair Oaks Section, providing there is evidence that Town equipment caused any damage. Mr. Paxton seconded the motion, and it was so voted. At 8:35 p.m. Mr. Daniel A. Lynch, Town Counsel, appeared before the Board. The Chairman said that the problem for consideration just now was the approval or disapproval by Commissioner Long in carrying out the vote of the Town relative to salary increases. Mr. Lynch said that the Board knew that this problem would comp up and Commissioner Long presumes to act under Section 23 of Chapter 59 of the General Laws which applies to the annual assessment and the tax rate. He stated that there is no provision in that particular section which captions the powers and duties of the Board of Assessors. Mr. Lynch explained that a great many attorneys are of the opinion that funds belong'. to the Town, the money was voted by the Town, and it bus within the law for Towns to do pretty much as they want to. He said, however, that he definitely did not want to involve Lexington in litigation. He stated that he had conferred with the Town Counsel of Winchester and was advised that Winchester has ig ored. Commissioner Long's ruling. The Town Counsel of Needham 1 1 1 75 stated that they had a similar problem and after consulting Commissioner Long, the appropriations were finally approved. Mr. Lynch said that it was his initial thought not to approach Commissioner Long, but in view of what he had done with Needham he thought it might be wise to talk with him. Mr. Lynch stated that he believes Commissioner Long is definitely wrong and he is so convinced that he thinks the Town can go along and ignore him. However, he said that he would prefer to contact him first. Mr. Lynch stated that if the vouchers are sent through and the Town Accountant refuses to pay them, someone will then have to bring suit to force payment. Mr. Rowse asked the Town Counsel to submit his opinion in writing to the Board after he had conferred with Commissioner Long. Mr. Lynch agreed to do so. The Chairman explained to Mr. Lynch correspondence that the Board has had with Mr. Alfred P. Tropeano F1'ae-foot relative to a five-foot strip of land along Swan Lane Strip of acquired by the Town under tax title. The Chairman said Land that the question had arisen as to whether or not the Swan Lane Town Should sell the Sfive-foot strip of land or require Board of a new layout makinga forty -foot street. Survey Mr. Lynch said that he believed a Board of Survey Hearing hearing should be held, otherwise a precedent might be established. It was decided to advise Mr. T.nopeano that the owner should apply for a Board of Survey hearing and have a new layout made widening the street to forty -feet. Petition was received from Cornelius P. Cronin, 14 Utica Street, and was signed by twenty residents in the vicinity of the Stevens Gravel Pit. Mr. Cronin stated that business ceased to operate in the pit in 1938 and he understood the property was sold in 1945. He requested the Selectmen to instruct the Building Inspector to stop further excavation from the pit which he believes has lost the right to be used as a gravel pit. Mr. Lynch stated that the mere fact that the gravel At has not been used does not necessarily mean that it has been abandoned. He suggested that a copy of the petition be made for him and he would give the Board a decision on it. Mr. Lynch retired at 8:55 p.m. and the following members of the American Legion appeared before the Board: Messrs. Clifford, Culbertson, Dodge, Maguire, McCormack, Webb and three other individuals. Petition Against Use of Stevens Gravel Pit. American Legion Re: Vets Housing !6 Mr. McCormack stated that the American Legion had delegated this group to meet with the Selectmen and inform them what the Legion thought about the present situation regarding veterans housing. He said that in the first place the Legion attempted to find out what the feeling was by an Essay Contest. He stated that the Essay Contest has not been too gnceessful and, therefore, they had to go out for information. He said that as a result, he took it upon himself to talk withsome government agencies and various people around Town and has come to the con elusion that the recent vote by the Town to sell land to the veterans is not popular, but is .considered to have been a vote in favor of the veterans at the time because no one wanted to appose it. Mr. McCormack said that it does not appear to those in the Legion that the veterans buying this land will be able to build. He said that the Veteran the legion is interested in is the fellaw who has very little money. He stated that the Legion would like to suggest that the Town be asked to reconsider its recent vote and to retain title to this property and possible make smaller parcels upon which to build. The Legion recommends appropriating or borrowing money to build forty houses. He stated that the Legion wants to find out the true situation and will contact each veteran and them go ahead and have the Town build. The Chairman said that the Board of Selectmen was not anxious to assume the responsibility of carrying out the vote passed at the recent Town Meeting relative to veterans housing. He said it has not yet been decided how the matteris to be handled, but that a committee would probably be appointed. He stated that he did not believe that the vote could be carried out in a short period of time. He stated that the Engineers had made a sketch of what would eventually be forty or fifty lots, but the Board has no authority to lay them out. The Chairman stated that the Board of Selectmen feel obligated to carry out any vote passed by Town Meeting. Mr. Rowse raised the question as to whether or not a Town could build houses to rent. Mr. MeCormack stated that he has a copy of Chapter 372 which authorizes Towns to build and rent. He said that at the end of a five-year period, the Town must sell the houses. Mr. McCormack discussed at length the program relative to veterans housing adopted by the Town of 1 1 TT Concord. The Chairman asked if it were the Legion's idea to have a Special Town Meeting called, and Mr. McCormack replied in the affirmative, stating that the Legion would like Town Meeting to reconsider the vote. The Chairman asked if the construction of the houses proposed by the Legion would comply with the Build- ing Laws of the Town of Lexington, but none of the Legion representatives knew the answer. Mr. McCormack stated that the Legion anticipated making a survey to determine who the veterans are that need housing the most. Mr. Rowse reminded the group that the survey previously made did not prove that there was a very urgent need. Mr. Rowse also reminded them that there are forty houses being constructed on Spring Street which cannot be completed because sufficient flooring and plurhing equipment is not available. The Chairman informed Mr. McCormack that it would require a vote of the Town to accept the Act to begin with. Mr. Rowse thought the first step would be to find out the need, the name of the veteran, the size of the house and the ability to buy. Mr. McCormack said that he expected to have enough information within a week to prove his point. The Chairman said that he thought it would be interesting to find out the results of the survey and when a committee is appointed he felt that they would certainly be glad to have the survey. Mr. Paxton stated that the Selectmen will have to carry out the instructions of Town Meeting regardless of what any survey might show. Mr. McCormack concluded by stating that the group had come before the Board this evening to request the Board to call a Special Town Meeting, thereby giving the Legion an opportunity to present an alternate plan. The group retired at 10:05 p.m. A letter was received from Mr. Robert H. Watt, Commander of the Veterans of Foreign Wars, offering V.F.W. $1,000 for the so-called Adams School Property in Offer to East Lexington. Purchase Mr. Sarano moved that the offer be accepted, so-called and that the property be sold and conveyed to the Adams V. F. W., Post No. 3007, providing the Follen Church School Society is no longer interested in purchasing the land, Prop. and also providing the Sacred Heart Chairch has no objections. 78 AMVETS Req. Use of Central Fire Stat'n When vacated Hancock P.T. A. Barnes Garage for Rummage Sale Bornstein Junk Lie. Denied V.F.W. Use of Conference Root Stockbridge School of Agriculture Use of Cary Hall Cancer Committee Mr. Locke seconded the motion, and it was so voted. The Clerk was instructed to inform the post that it would be necessary to have a permit from the Board of Appeals. A letter was received from the AMVETS requesting that if and when\the present Central Fire Station, located on Merriam Street, is vacated, the AMVETS be granted the use of the betiding as temporary headquarters. The Clerk was instructed to acknowledge the letter and advise them that the request will be taken under consideration when the property becomes available. A letter was received from the Hancock P. T. A. requesting permission to use the garage at the Barnes Property for a Rummage Sale on Friday and Saturday, November 1 and 2. Mr. Rowse moved that the request be granted. Mr. Locke seconded the motion, and it was so voted. Application was received from Abraham Bornstein, 40 Massachusetts Avenue, for a Junk Collector's License. A letter was received from the Chief of Police stating that he could not recommend this individual in view osf past conduct. Mr. arano moved that the application be denied. Mr. Locke seconded the motion, and it was so voted. Application was received from the Veterans of Foreign Wars requesting the use of Estabrook Hall and a conference room on the evening of November 13, 1946, from 8:00 p.m. to 11:00 p.m. for a business meeting. Mr. Locke moved that the use of the hall be granted, free of charge. Mr. Paxton seconded the motion, and it was so voted. Application was received from the Stockbridge School of Agriculture, Alumni Association, Massachusetts State College, Amherst, Maysaehusetts, for permission to use Cary Memorial Hall on the evening of November 9, 1946, from 7:00 p.m, to midnight for a banquet. Mr. Sarano moved that the use of the hall be granted, subject to a charge of $30. Mr. Locke seconded the motion, and it was so voted. Application was received from the Lexington Cancer Committee requesting permissionto use Estabrook Hall on the evening of November 6, 1946, from 8:00 p.m. to 11:00 p.m. for a cancer education meeting. Mr. Rowse moved that the use of the hall be granted, 1 1 free of charge. Mr. Locke seconded the motion, and it was so voted. Upon motion of Mr. Sarano, seconded by Mr. Locke, it vas voted to sign the deed prepared by the Town Counsel conveying Lots 128 to 135 inc. on Webb Street and Lots 160 to 189 on Young Street, Lexington, to Leslie J. 'Wood. The Chairman stated that the Board had granted the Lexington Athletic Boosters Clubpermission to conduct a business meeting in the conference room for one month only. He asked if the Board desired to grant their request to hold one meeting each month from now until June, 1947. Mr. Sarano moved that the uses be granted, free of charge. Mr. Paxton seconded the motion, and it was so voted. 79 Sign Deed Lots 128- 135 inc. Webb & Young Sts. to Leslie J The Chairman said that he had a lengthy discussion with Major James H. Russell, Town Accountant, and Major advised the Board that due to his illness it may be several months before Mr. Russell assumes his position with the Town. Mr. Paxton moved that the Chairman be authorized to contact Major Russell relative to his applying for retirement. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton moved that the Chairman be authorized to contact Mr. Walter Abel, State Auditor to determine whether or not he would be willing to assist in the Accounting Department. Mr. Sarano seconded the motion, and it was so voted. The Chairman stated that Gordon Richards had requested that the Town connect the drain from the new central fire station to the brook in the rear. Mr. Sarano moved that the Town install the draingge eight feet from the buf:lding to the back brook and make a small charge to the Central Fire Station appropriation. Mr. Locke seconded the motion, and it was so voted. The Chairman asked if the Board wanted to request bids for printing the 1946 Annual Town Report. It was decided to postpone any action for thirty days. A true record, Attest: Russell Town Accog4t- ant Position New Central Fire Stat ion Drainage Hold Over Bids Town Report 80 NOTICE A regular mee - 1e Board of Selectmen will be held in the Selectmen's Room, +ffioe Building, on Monday evening, October 28, 1946 at 7 mit 1