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HomeMy WebLinkAbout1949-01-3168 SELECTMEN'S MEETING January 31, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, Jan- uary 31, 1949. There were present; Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. A hearing was declared open at 7;30 P.M. for the proposed layout of Hayes Avenue as a town way from Wood- land Road to Meriam Street, approximately 300 feet. This proposed town,way is shown on a plan entitled "Plan and Profile of part of Hayes Avenue, Lexington, Mass., Scale 1 in. - 40 ft., Jan. 17, 1949, William M. Burns, Town Engineer", which plan is on file in the Town Engineer's Office. Mr. DeFoe, Sup't.of Public Works; Mr. Burns, Town Engineer; Mr. and Mrs. Edmund T. Webb were present at the hearing. The Chairman explained that no citizen has requested this street acceptance but it is based on the fact that at the last annual town meeting it was decided to build the Fiske School. The Chairman said that it seemed as though the Town must have some entrance to the school. He explained that at that time the Board thought of the possibility of accepting Hayes Avenue, Woodland and Colony Roads and is now following the requirements set up by the law of the state and holding hearings. The Chairman said he would like it very definitely understood that in general the Selectmen are in favor of constructing streets because they feel it to be a Benefit to the property. However, the Board has not as yet decided to either favor or oppose these acceptances, but at the present moment it appears that the Board might be in favor. He explained that it is impossible for the present Board of Selectmen to establish any policy for succeeding Boards. He explained that the assessments had been prepared on the worst possible situation and he is of the opinion that the actual construction will not reach this fugure. The Chairman explained that the general construction will be 50' in width and the design calls for a 24' travelled way, a paved surface with adequate drainage. He explained that the drainage on Hayes Avenue will be of a mmnimum and may require only a couple of catchbasins. The shoulders will be dressed up on 13' of either side of the travelled way, but there will be no sidewalk construction. If and when sidewalks are constructed there will be a better- ment assessment of 50% of the cost of the construction. No provision has been made in these estimates for the con- struction of stonewalls. If it is necessary to slope the hatkal Cid 1 1 town will request slope easements from the abutters and the construction will not be started until the slope ease- ments are obtained. Mrs. Webb inquired about the mound near Meriam Street and the Chairman informed her that it will be cut down some what on the left side. Mr. Webb said that Dr. Ivan G. Pyle, Joseph Kraetzer and he had requested the town to build this road in 1946. The estimate of the cost of construction was so high that they decided to take no further action. 4JI10s-Wel9b-eeiel-that tkay-doelded-te-take-ee-patatkep-ae*lee. Mr. Webb said that he has been coming out of this street for over twenty years and he can continue to do so. He stated that he is definitely opposed to spending this money. Mrs. Webb asked what the cost per foot is and the Chair- man replied that it is Y 8.40 per assessable front foot. The construction cost per foot is 13.00 based on the bids of the past year. Mrs. Webb said that she thought the street should be fixed for the children going to school, sad there are quite a number of children who will be going over there. Mr. Finery asked if Mr. Webb would like to have the street fixed under general principles. He replied that he does not like paying the amount of money. Mr. finery explained that he would be assessed for the actual betterment. The Chairman stated that the law states that the Board of Selectmen shall, within six months after the completion of the construction, determine the betterment to the property. If the property owner does not agree he may petition for an abatement. If the abatement is not granted he can then go to court and try and prove what the betterment is. He said he believes the Board of Selectmen would be sympathetic to any abutter's problem and try to determine the correct betterment. Mrs. Webb asked if the estimate included the ledge and the Chairman replied in the affirmative. He said the cost would not be any higher than the estimate and would probably not be as much. The Chairman said that the town can probably get along for some time and if the streets are not constructed this year he felt that there will be a demand for streets in this area in the near future. He further stated that, as he recalled it, for over a period of fifteen years requests have been submitted for street construction in this vicinity. Mr. Webb said that he does not feel like paying the money to the town. The Chairman asked if in principle he were in favor, but does not feel that it is worth the money and Mr. Webb replied in the affirmative. The Chairman asked if there were any fur- ther questions and there were none. The hearing was declared closed at 7;50 P.M. At 8:00 p.m. a hearing was declared open upon the pro- posed layout of Colony Road from Grant Street westerly approx- imately 810 feet. This proposed town way is shown on a plan 69 70 Hearing on Colony Road entitled "Plan and Profile of part of Colony Road, Lex- ington, Mass., Scale 1" Equals 40', Jan. 17, 1949, William M. Burns, Town Engineer", which plan is on file in the office of the Town Engineer. The following persons were present at the hearings Quinton N. Candy, 66 Colony Road • Mr. & Mrs. Emerson Day, 39 Fairway Drive, West Newton Mr. & Mrs. Willard Grush, 32 C4ony Road Mr. George E. Graves, 33 Adams Street Mr. & Mrs. E. A. Webb, 43 Hayes Avenue Mr. Ralph Tucker, 100 Meriam Street Mr. James J. Burton, 38 Colony Road Millicent J. Taylor, 17 Colony Road Mr. & Mrs. Charles H. Overly, 29 Colony Road 'Mr. & Mrs. George Grant, 24 Colony Road Mr. Paul Bowser, 171"Grant Street The Chairman said that undoubtedly those present were familiar with the fact that the town is building a sbhool and that there will have to be some way of getting in and out other than Adams Street. He explained that in general the Board is in favor of the construdtdnn of streets and they feel it is a betterment to the individual abutters as well as to the entire town. He said that With'.the_problems facing the town this year the Board of Selectmen does not waist to definitely state this evening that they are going to be in favor of this construction or that they are opposed to it. He explained that the Board has a month before Town Meeting in which to think over the general problems but as yet no definite decision has been made. He explained that if -there is a possibility of a street being accepted at the annual town meeting the Board is required by law to hold the hearings. He stated that the street is 501in width and will be con- structed with a 241 width of pavement. There will be two 131 shoulders which will be roughly trimmed off and loamed. If, in the event there is a sidewalk constructed, there will be an additional betterment assessment of 50% of the cost of construction. He said that in attempting to make up 'assessments on individual pieces of property this Board does not feel that they can commit any future Board, and has prepared the worst possible conditions that can occur. The Chairman stated that any assessments worked out at the present moment are the worst that can, be encountered. He explained that the cost of constructing stonewalls has not been included. If it is necessary to fill or to excavate the town will request slope easements from the abutters giving permission to go on private property. He stated 1 71 that it appears from the profile that the cuts and fills wi11_be negligible. Mr. Candy asked why the road would not be continued over the trunk sewer line. The Chairman replied that he thought when the sewer was laid out in 1939 Mr. Burton had not, at that time, sub-divided his property so there was no way of knowing where the lot lines would be. Mr. Day said that he has contacted most of the people on' ttib hill and from an aesthetic standpoint they would like to have the road as narrow as possible. He said that from a financial standpoint the people would have had to construct their own road were it not for the new school. He thought in view of that the town should include a. portion of the cost of construction in the school budget. The Chairman said that the town. had tried at one time to construct roads narrower than 24+ and found it inadvisable. During the winter season with snow on both sides there is not sufficient room for two lanes of traffic and the town is of the opinion that the minimum width of a road is 24+. He said that he, personally, does not believe it to be practical to build a street any less than that width. He said that today the minimum width for a lane of traffic is considered to be ten feet and in some instanced 12+ to 151 is considered the mintkum. He said that there are many narrow streets in Lexington that are not satisf actbry. Mr. Day asked if it would be necessary to remove the trees. The Chairman replied that the town has always made every effort not to remove trees. The Chairman ex- plained that the policy of the Board of Selectmen over a period of years has been for the abutters to pay 100% of the cost of the construction. The law definitely states that the Board of Selectmen shall, within six months after the completion of the construction, determine the better- ment to the property. He said that the bettermentto tb property is not necessarily 100% and the present Board has made an honest effort to determine the benefit to the properties; however, the present Board does not want to commit any future Boards so it has figured the cost on the basis of 100%.. Mr. Overly asked how far up this improvement was to go and the Chairman informed him that it would go only to the entrance of the school which is about the end of the existing pavement. He said that the only possibility of the other section of Colony Road being affected is that,. by some chance, the abutters on Colony or Woodland Roads might demand a sewer. It would then have to be outletted down to the trunk line through Colony Road. Mr. Overly asked what would happen to the existing road. The Chairman replied that it would be dug up and patched. He said that it impossible to dig up a road and replace it as it was originally. Mr. Overly asked if the sewer were installed would that section of the road be widened to the width of the lower section and the Chairman said 72 that it would not necessarily have to be. He said that some time in the future for general public convenience it might be necessary to widen the street to a 40' width. Miss Taylor asked if there would be any new side- walks constructed. The Chairman replied that there would be a 13' shoulder on either side but no side- walks. She asked if there would be street lights installed. The Chairman said that usually when a street is accepted the problem of street lighting is analyzed and street lights installed. He explained that the chief function of a street light is to light the street and not, as many people think, to light private driveways. They are installed from an Engineer- ing standpoint. Mr. Candy said that there would be children going on foot to the school and asked if they would have to go in the street. The Chairman explained that is why he mentioned that if sidewalks are constructed there will be a betterment assessment of 500 of the cost of construction. Mr. Overly asked why it is necessary for this road to be suf'f seed at all. The Chairman said that the Selectmen know that if it is not done this year sooner or later it will be forced upon the town. He explained that there will be children going by busses who will not be taken any closer to the school than 3/4s of a mile. In walking to the school they.:f7ill use the shortest possible route. He said that there will be children coming from the Grant Street area and they can not be expected to walk Grant Street, East Street and Adams Street. Mr. Grush asked why the sidewalks could not be built instead of the streets. The Chairman said that it did not seem practical and he questioned whether or not the town could legally construct sidewalks on unaccepted streets. Mr. Day said that the road is being put in for the benefit of the school and questioned why the abutters should be required to pay 100% of the cost of construction. The Chairman stated that the present Board of Selectmen can not commit any future Boards. In preparing the estimates of the assess- ments to the abutters the figures have been based upon the abutters paying 100%. However, the law states that within six months after the completion of the construction the betterment shall be determined by the Board of Selectmen to the individual property. A bill will be sent to the property owner. If he does not agree he can request an abatement, and come before the Board as an individual. If he,/is dissatisfied with the Board's decision he can then go to court to determine whether 04,30 or not his propert - assessment. The of Selectmen frr attempting to r of the total closed at 8• A he lay out ' approxi shown Road 19 it* Mr. . Mr. Mr. . Ir. Mr. Mr. . Mr. has been benefited to the extent of the rman said that the policy of the Boards to date have been on the basis of "le benefit to the property regardless ction. The hearing was declared 'non the intention to 'eet to York Street 'ed town way was 'le of Woodland ft., Jan. 17, ,which plan is on ,ious hearings and the Sent for this hearing; ,dland Road J Woodland Road .n Street Woodland Road Aland Road Jland Road odland Road ,, 31 Woodland Road :k, 43 Woodland Road Little, 43 York Street Manning, 28 Woodland Road M. Butler, 24 Woodland Road .a ton, 12 Woodland Road 1. He,. Hurley, 11 Woodland Road A. W. Al, 23 Woodland Road Ralph i Webster, 99 Meriam Street James Herbold, 103 Meriam Street & Mrs. John Bridgewater, 36 Woodland Road The Chairman said that he wanted to emphasize the fact that the Board of Selectmen generally is in favor of the policy of constructing streets. He said that the Board feels it is a betterment not only to the abutters but it is for the good of the town. He pointed out that the Selectmen are not definitely committed either for or against the construction of either one of these streets. He said the Board at the present time has an open mind and if the Selectmen, at the annual meeting, disagree with the preference of the individuals present he did not want to see them feel disappointed. In accordance with the statutes 73 76 Sewer Install- ation Water Main Claim are concerned about spoiling the natural beauty in that area. He said that the Board has a community as a thole to consider and if the Board recommends the construction at Town Meeting there will be nothing personal. He explained that if the streets are built and the abutters are dissatisfied with the betterment assessments they will have the opportunity to meet with the Board and request an abatement. The group retired at 8:15 P.M, and Mr. DeFoe met with the Board. Mr. DeFoe stated that last year the Board of Select- ment approved the request for installation of sewers in Castle Road and a part of Franklin Road the work as yet not having been done. He has now received a re- quest for the installation of *ewer in Franklin and Somerset Roads. He explained that none of the property owners have signed the petition except Mr. Baskin which makes 512%. Mr. Emery asked if this item were included in Mr. DeFoe's 1949 ;Budget and he replied in the affir- mative stating that it is under item of Sewer Construction - Sundry Street. Mr. Emery said that if there was going to be much competition for this sundry street money he didn't think too much of it should be allocated in this one area. Mr. Emery said he thought it would be cutting it pretty fine to install the sewer when one man owns 51% without talking to the other abutters. The Chairman explained that sewage is being drained from the Smith house to the Baskin property and there is also the drainage problem from the Blake Meadow. Mr. Emery said that before voting on it he would like to know how the other abutters feel. It was decided to have Mr. DeFoe return the petition to Mr. Baskin and request him to contact the property owners who will be affected and inquire as to whether or not they are in favor or opposed to the installation. Mr. DeFoe stated that he has received a request for the installation of a water main in Colony Avenue which runs parallel to Bowman Street. He explained that the installation would be about 300 feet long and cost approximately $ 1,200. Mr. DeFoe was authorized to include this item in his budget. Mr. DeFoe informed the Board that during the process of removing snow, damage was caused to the property belonging to Mr. Hunt to the extent $11.40. Mr. Nickerson moved that Mr. DeFoe be authorized to settle Mr. Hunt's claim for damages providing he obtains the necessary release- aid charge the item to snow removal. Mr. Emery seconded the motion, and it was so voted. 71. that it appears from the Profile that the cuts and fills will. be negligible. Mr. Candy asked why the road would not be continued over the trunk sewer line. The Chairman replied that he thought when the sewer was laid out in 1939 Mr. Burton had not, at that time, sub -divided his property so there was no way of knowing where the lot lines would be. Mr. Day said that he has contacted most of the people on the -hill and from an aesthetic standpoint they would like to have the road as narrow as possible. He said that from a financial standpoint the people would have had to construct their own road were it not for the new school. He thought in view of that the town should include a portion of the cost of construction in the school budget. The Chairman said that the townhad tried at time to construct ronds narrower than 241 and found it inadvisable. During the winter season with snow on both sides there is not sufficient room for two lanes of traffic and the town is of the opinion that the minimum width of a road is 241« He said that he, personally, does not believe it to be practical to build a street any less than that width. He said that today the minimum width for a lane of traffic is considered to be ten feet and in some instanced 121 to 15+ is considered the minimum. He said that there are many narrow streets in Lexington that are not satisf actdry. Mr. Day asked if it would be necessary to remove the trees. The Chairman replied that the town has always made every effort not to remove trees. The Chairman ex- plained that the policy of the Board of Selectmen over a period of years has been for the abutters to pay 100% of the cost of the construction. The law definitely states that the Board of Selectmen shall, within six months after the completion of the construction, determine the better- ment to the property. He said that the bettermentitb the.: property is not necessarily 100% and the present Board has made an honest effort to determine the benefit to the properties; however, the present Board does not want to commit any future Boards so it has figured the cost on the basis of 100%. Mr. Overly asked how far up this improvement was to go and the Chairman informed him that it would go only to the entrance of the school which is about the end of the existing pavement. He said that the only possibility of the other section of Colony Road being affected is that,. by some chance, the abutters on Colony or Woodland Roads might demand a sewer. It would then have to be outletted down to the trunk line through Colony Road. Mr. Overly asked what would happen to the existing road. The Chairman replied that it would be dug up and patched. He said that it is impossible to dig up a road and repute it as it was originally. Mr. Overly asked if the sewer were installed would that section of the road be widened to the width of the lower section and the Chairman said 72 that it would not necessarily have to be. He said that some time in the future for general public convenience it might be necessary to widen the street to a 40t width. Miss Taylor asked if there would be any new side- walks constructed. The Chairman replied that there would be a 131 shoulder on either side but no side- walks. She asked if there would be street lights installed. The Chairman said that usually when a street is accepted the problem of street lighting is analyzed and street lights installed. He explained that the chief function of a street light is to light the street and not, as many people think, to light private driveways. They are installed from an Engineer- ing standpoint. Mr. Candy said that there would be children going on foot to the school and asked if they would have to go in the street. The Chairman explained that is why he mentioned that if sidewalks are constructed there will be a betterment assessment of 50% of the cost of construction. Mr. Overly asked why it is necessary for this road to be su±faeed at all. The Chairman said that the Selectmen know that if it is not done this year sooner or later it will be forced upon the town. He explained that there will be children going by busses who will not be taken any closer to the school than 3/4s of a mile. In walking to the school they, till use the shortest possible route. He said that there will be children coming from the Grant Street area and they can not be expected to walk Grant Street, East Street and Adams Street. Mr. Crush asked why the sidewalks could not be built instead of the streets. The Chairman said that it did not seem practical and he questioned whether or not the town could legally construct sidewalks on unaccepted streets. Mr. Day said that the road is being put in for the benefit of the school and questioned why the abutters should be required to pay 100% of the cost of cohstruction. The Chairman stated that the present Board of Selectmen can not commit any future Boards. In preparing the estimates of the assess- ments to the abutters the figures have been based upon the abutters paying 100%. However, the law states that within six months after the completion of the construction the betterment shall be determined by the Board of Selectmen to the individual property. A bill will be sent to the property owner. If he does not agree he can request an abatement and come before the Board as an individual. If he,/is dissatisfied with the Board's decision he can then go to court to determine whether CD Pri 1 1 or not his property has been benefited to the extent of the assessment. The Chairman said that the policy of the Boards of Selectmen from 1945 to date have been on the basis of attempting to determine the benefit to the property regardless of the total cost of construction. The hearing was declared closed at 8:30 P.M. A hearing was declared open upon the intention to lay out Woodland Road from Adams Street to York Street approximately 1,823 feet. This proposed town way was shown on a plan entitled "plan and Profile of Woodland Road, Lexington, Mass., Scale 1 in. - 40 ft., Jan. 17, 1949, William M. Burns, Town Engineer", which plan is on file in the Town Engineer's Office. No'. -persons retired from the previous hearings and the following individuals were also present for this hearing: Mr.'& Mrs. Frank L. Moore, 41 Woodland Road Mr. & Mrs. Merton S. Barrows, 35 Woodland Road Mr. Everett G. Hardy, 73 Meriam Street Mr. & Mrs. Lyle J. Morse, 29 Woodland Road Mrs. Elizabeth Govan, 32 Woodland Road Miss Alice Manning, 30 Woodland Road Mr. Frank D. Lewis, 15 Woodland Road Mr. & Mrs. E. P. Mag re, 31 Woodland Road Mr. & Mrs. D. Craig Wark, 43 Woodland Road Mr. & Mrs. Ashton G. Little, 43 York Street Mr. & Mrs. Harold B. Manning, 28 Woodland Road Mr. & Mrs. Lawrence M. Butler, 24 Woodland Road Mr. Hatlan P. Newton, 12 Woodland Road Mr. R. F. Wilson Mr. Herbert J. Hurley, 11 Woodland Road Mr. A. W. Mason, 23 Woodland Road Mr. Ralph P. Webster, 99 Meriarp Street Mr. James Herbold, 103 Meriam Street Mr. & Mrs. John Bridgewater, 36 Woodland Road The Chairman said that he wanted to emphasize the fact that the Board of Selectmen generally is in favor of the policy of constructing streets. He said that the Board feels it is a betterment not only to the abutters but it is for the good of the town. He pointed out that the Selectmen are not definitely committed either for or against the construction of either one of these streets. He said the Board at the present time has an open mind and if the Selectmen, at the annual meeting, disagree with the preference of the individuals present he did not want to see them feel disappointed. In accordance with the statutes 73 74 of the Commonwealth it is necessary to hold this public hearing. He explained that the street will be laid out with a 501 width and the type of con- struction is a 241 travelled way with two 13+ graded shoulders. He explained that this does not mean that sidewalks will be constructed at this time but there is a possibility that they will be some time in the future. He further stated that in constructing the street a gravel foundation will be put in for the nec- essary drainage. He stated that the cost to the in- dividual abutter has been determined by using the worst possible situation. He said that the present Board cannot commit any Board and although the majority of this Board will -be here after March no commitments will be made to bind a future Board; therefore, the estimated betterments have been figured on 1000 of the cost of construction. He explained that from 1925 to 1945 it was the policy to assess betterments 100;. Since that; time the Betterments have been based in' accordance with the statute, which states that within six months after the completion of the construction the Board of Selectmen shall determine the betterment to each individual property. He said there will be cases where the betterment to the property is not 100% of the cost of construction. He explained that better- ment assessments can be paid over a period of ten years. He explained that the estimated figures do not include the construction of any stonewalls. In any case where there are cuts or fill the town will require slope easements from the abutters giving permission to enter into private property. The construction will not be started until the slope easements have been signed. Mr. Wars; asked if the construction of these streets would be started regardless of. how many property owners agree or disagree. The Chairman replied that the Board has not made decision on this. He said that it seems that there should be streets leading to the School. The Board has not decided whether they will recommend for or against the construction. Mr. Wark said that most of the people in this area live there oecause of the country atmosphere and if the town constructs a 40' street it will do e lot of damage to the entural effect of the area. He, there- fore, does not consider that it will be a benefit. The Chairman explained that once the street is accepted the property owners, es individuals, will no longer be responsible for the maintenance which would then become a problem of the town as a whole. He said that there is do doubt that the countrified appear- ance will be practically wiped out. 1 75 Mr. Wark asked if it would be necessary to fins h the street all the way through where it meets another area. that is paved. The Chairman said that it might not be absolutely necessary but it would seem the practical thing to do. In the first place the street would be going from the present travelled way of 15' into a 24' travelled way. Mr. Wark asked if the abutters objected if there was any reason why the street couldn't be finished for a travelled way for foot traffic up the present paved way. The Chair- man said that he couldn't think of any particular reason other than from an engineering point of view. He said that they must consider the problem of sidewalks some time in the future. One individual asked if the people on Woodland Road were definitely opposed to the construction at the present time would it make any difference. The Chairman said he did ntht know it would affect town meeting and it is the town meeting members who make the ultimate decision. He explained that if the abutters disagree on the betterment assessment levied by the Board, they have the right to come before the Board and question the assessment. If they are not satisfied then they have further recourse through the courts. Mr. Wark asked if the property owners are unanimously opposed to the construction, what would then happen. The Chairman said that the Board wants all those present to feel that the Hoard is not prejudiced against any section but has the problem of the municipality as a Whole to con- sider. He said the Board would like to be free to decide at the town meeting whether or not for the good of the town the street should be accepted. He said theBoard does not want to commit itself for or against the construction at this time. Mr. Barrows said that the people on Woodland Road, in general, are objecting quite strenuously to the program. Mr. Bridgewater asked if the Board could eliminate traffic and thereby eliminate sidewalks. The Chairman replied that the town could prohibit heavy trucking but cannot stop delivery trucks. Mr. Maguire asked if this matter depended upon the town meeting or if it were all settled now. The Chairman stated that the town meeting makes the decision and the Selectmen follow the instruction of the town meeting members. He said that even though the streets are not constructed now it will not be very long before a demand for the construction of them is presented because of the new school. He said he thought the Board of Selectmen definitely understand that the people on Hayes Avenue, Colony and Wood- land Roads are not in favor of having the street accepted. First, they are concerned about the cost; a nd secondly, they 76 Sewer Install- ation Water Main Claim are concerned abbut spoiling the natural beauty in that area. He said that the Board has a community as a whole to consider and if the Board recommends the construction at Town Meeting there will be nothing personal. He explained that if the streets are built and the abutters are dissatisfied with the betterment assessments they will have the opportunity to meet with the Board and request an abatement. The group retired at 8:15 P.M. and Mr. DeFoe met with the Board. Mr. DeFoe stated that last year the Board of Select- ment approved the request for installation of sewers in Castle Road and a part of Franklin Road the work as yet not having been done. He has now received a re- quest for the installation of ajsewer in Franklin and Somerset Roads. He explained that none of the property owners have signed the petition except Mr. Baskin which makes 512%. Mr. Emery asked if this item were included in Mr. DeFoe's 1949 :'Budget and he replied in the affir- mative stating that it is under item of Sewer Construction - Sundry Street. Mr. Emery said that if there was going to be much competition for this sundry street money he didn't think too much of it should be allocated in this one area. Mr. Emery said he thought it would be cutting it pretty fine to install the sewer when one man owns 51% without talking to the other abutters. The Chairman explained that sewage is being drained from the Smith house to the Baskin property and there is also the drainage problem from the Blake Meadow. Mr. Emery said that before voting on it he would like to know how the other abutters feel. It was decided to have Mr. DeFoe return the petition to Mr. Baskin and request him to contact the property owners who will be affected End inquire as to whether or not they are in favor or opposed to the installation. Mr. DeFoe stated that he has received a request for the installation of a water main in Colony Avenue which runs parallel to Bowman Street.:_ He explained that the installation would be about 300 feet long and cost approximately $ 1,200. Mr. DeFoe was authorized to include this item in his budget. Mr. DeFoe informed the Board that during the process of removing snow, damage was caused to the property belonging to Mr. Hunt to the extent $11.40. Mr. Nickerson moved that Mr. DeFoe be authorized to settle Mr. Hunt's claim for damages providing he obtains the necessary released charge the item to snow removal. Mr. Emery seconded the motion, and it was so voted. 1 1 77 Lir. DeFoe discussed additional cost for the proposed widening of the easterly side of Waltham Street. He said that when he had a conference with the representatives of the state his feeling at the time was that due to the fact that this was a widening the state would go along with curb on the entire lengthy however, now he has been advised otherwise. The state will move back existing curb and replace existing sidewalks with the same type of sidewalks as the town now has. Beyond that the curb for that section will have to be put there by the town. The Chairman asked the Board for permission to go over this during the coming week and report to the Board next week, and he was authorized. Mr. DeFoe stated that the town has asked for $10,000 under Chapter 90 but the funds have been, cut temporarily. Mr. Sabin suggested that Mr. DeFoe write a letter to the State requesting additional money to match the Town's $10,000. Anything to do with Route 128 has a high priority Chapt. and this project is near the top of the list. The County, 90 however, does not seem tooreceptive. He explained that if Waltham the State increases their allotment undoubtedly the County Street 14;11 increase theirs. The Chairman said that it is entirely up to the Board to ask Town Meeting for 010,000 or to go along with the 05,000: He explained that the $5,000 will do nothing as far as the cutoff is concerned. Mr. Emery asked if Mr. DeFoe would spend the entire amount on a section from Mass. Avenue to Vine Brook. Mr. DeFoe replied that the town must finish this section before they go into the widening. If there are any funds left over they will continue on the outoff. He said that they can only go as far as the $20,000 will take them. The Chairman stated that according to the Engineering Department estimates $20,000 was what the town would need to do the job, so it seemed to him logical that this amount would complete the job. Tvlr. DeFoe presented a sketch showing the property of Mrs. Louisa G. Bean on Bedford Street with its relation to the location of the trunk sewer. He explained that this is very low ground with some sections being 7' and 8' below the sidewalk level. Mrs. Bean telephoned Mr. DeFoe and requested,_. an abatement of a sewer betterment assessment levied'against her property. The Chairman said he was not opposed to abating the assessment but he thought Mrs. Bean should submit her request in writing. Mr. Nickerson moved that the Suptt. of Public Works be authorized to prepare the necessary forms for abating the sewer assess- ment levied against the property on Bedford Street owned by Mrs. Louita G. Bean. Mr. Driscoll seconded the motion, and it was so voted. Abate- ment 78 Abatement Abatement Sign Mr. DeFoe informed the Board that the town took a 50' easement through the property on Middleby Road owned by Newton V. Crandall. Mr. Crandall now wants the town to abate his water betterment assessment for this easement. The Chairman inquired as to the total amount of the assessment and Mr. DeFoe said there are 260' at $1.25. Mr. DeFoe stated that Mr. Crandall also wanted some adjustment on his taxes. Mr. Nicker- son said that Mr. Crandall has the use of the land and he could see no reason why he shouldn't pay his taxes. The Chairman stated that the Board of Selectmen has no control as to whether or not the taxes are paid or abated. This is a subject beyond the scope of the Board. Mr. Emery asked if he understood correctly that Mr. Crandall wants an abatement in return for the sewer easement and Mr. DeFoe replied in the affirmative. Mr. DeFoe agreed to contact Mr. Crandall in an endeavor to make a settlement for half of the amount. The Chairman read a letter from George J. Wilkins, 151 Grove Street, with reference to the water better- ment assessment levied against his property in the amount of $1,252.47. Mr. Wilkins called the Board's attention to the fact that the Boston Edison Company has Erected a power line through his property. He also stated that there is a pond constructed on swampy land and asked the Board to consider a fair abatement. Mr. DeFoe presented the Board with a sketch entitled "Plan of land owned by George J. and Eadie G. Wilkins." The easement taken by the Boston Edison Company includes 280 feet. The area mentioned in Mr. Wilkins letter with reference to the pond is 160 feet. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize an abatement in the amount of w 375; 280.00 of this amount is for that portion of land through which the Boston Edison transmission line is located; $ 95.00 is a partial abatement of that amount which is assessed against the Wilkins propert3r in the area where the two ponds are located. The Chairman asked if the members of the Board had inspected the sign erected by the Sachem Council at the Barnes Property and, if so, was their any objection. No one objected to the sign. Mr. DeFoe stated that the office used by the Boy Scouts Council is cold; the temperature ranging from 56-600. He explained that the only solution seems to be the installation of a circulator and he has received a quotation from Lester Andrews of $120. 1 79. He agreed to contact the Council to find out whether or not they would be willing to assume half of the Barnes cost of the unit. Mr. DeFoe said the council would Property also like permission to install a separate gas meter for the purpose of using a gas heater in one of the Booms not now being heated. The Board had no objection. A letter was received from the Superintendent of the Snow Post Office requesting the town to remove the snow at Removal the Post Office loading platform. The Clerk was instructed to advise the Superintendent that removing snow from private property is against the BoardAs policy. Mr. DeFoe retired at 10:40 P.M. A petition was received from residents in the Fottler Avenue area requesting that Fottler Avenue be posted for coasting. The Chairman read a letter from Mr. and Mrs. James Ruocco, 49 Fottler Avenue, who are opposed to post- ing this street. The Clerk was instructed to request the Chief of Police for an opinion and also to ask him if he has any suggestions for coasting on any other streets. An opinion was received from the Town Counsel relative to the Lexington P. T. A. request that the Board of Select- men take steps to ban "objectionable"comic books in Lex- ington. The Chairman explained to the Board that Mr. Lynch suggested that representatives of the p. T. A. or a police officer purchase one or more of these comic books which should then be referred to the Board of Selectmen. The Board could then invite the proprietors of all stores where the books are sold to meet for a discussion of the subjects and ask that they refrain from selling such books. The Clerk was instructed to write Mrs. John J. Manning, Secretary of the Lexington P. T. A. and other representatives of the organization to meet with the Board on Monday evening, Feb- ruary 7th. Coasting Comic Books The Chairman read a letter from the Chief of Police Vacation requesting that Sergeant Russell be granted a vacation period with pay beginning February 7, 1949. Sergeant Russell must Sergeant retire on February 23d at which time he will be 65 years of Russell age. The Board had no objection. The Chairman read a letter from the Planning Board advising the Selectmen that the question of allocating a Planning parcel of land on Marrett Road as a future site for a fire Board station has been considered. The Planning Board definitely approve the location recommended by the Board of Fire Engineers and urge that the town take title to the adjacent lot. 80 An application was received from the sacred Heart Church requesting permission to conduct a min - Use of strel show in Cary Memorial Hall on the evening of Hall March 25th from 8:00 to 10:30 P.M. Mr. Pinery moved that the use of the hall be granted subject to a charge of $ 35.00. Mr. Gay seconded the motion, and it was so voted. An application was received from Lexington Grange requesting permission to conduct a fair in Cary Memorial Hall on September 17th from 9:00 A.M. until 10:00 P.M. Mr. Emery moved the use of Use of the hall be granted subject to the usual charge. Hall Mr. Gay seconded the motion, and it was so voted. An application was received from Lexington Community Nursery School rrequesting permission to conduct movies in Estabrook Hall on Saturday mornings, beginning February 12th through and including March Use of 19th. Mr. Emery moved the use of the hall be granted Hall subject to a charge of $10.00 for each Saturday. Mr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Gay seconded by Mr. Emery it was voted to grant the followinE licenses: Licenses Robert Bradford Keene 49 School Street Peddler (New) Willard Smith 54 Hillside Ave. 2nd Class Arlington Agent " William Viano 1294 Mass. Avenue Sunday Movies An application was received from Willard Smith for a second class agent's license. The Clerk was instructed to invite Mr. Smith to meet with the Board next week. The awarding of the bid for printing the 1948 Annual Town Report was held over for one week. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to sign the following notices of intention to lay out. 11 Hayes Avenue, from Woodland Road to Meriam Street, approximately 300 feet. Colony Road, from Grant Street westerly approx- imately 810 feet. Woodland Road, from Adams Street to York Street, approximately 1,823 feet. omplete copy of the orders of layout filed under hways - Selectmen's Files - 1949") The meeting adjourned at 11:30 A tyu.e record, Attest; P.M.