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HomeMy WebLinkAbout1949-08-08276 Selectmen's Meeting August 8, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, August 8, 1949 at'7:15 p.m. Chair- man Emery, Messrs. Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. H. Webster Thomas, Chairman of the Library Trustees, Mrs. Morey and Rev. Chase (Follen Church) met with the Board to discuss the possibility of awarding a bid for grading, etc., which the Trustees believe should be done on the property of the East Lexington Branch Library. Rev. Chase read a letter from Gordon Slater, contractor, submitting a quotation of 041.75 plus 010 for the removal of two trees recommended by Mr. Garrity. Mr. Thomas explained that When this project was first considered it was thought that the expenditure of a few hundred dollars would be sufficient, butthe 1 cuff t, work as now outlined will cost approximately $1300. East Lex. He stated that he personally believes it is desirable ''Library but there is a question in his mind as to whether or grading not this money should be taken from the Trust Funds or included in the library budget. The Chairman said that he would prefer to have it included in the library budget. Mr. Hoyt said that he had no feeling one way or the other, but the subject is being considered at this time because of the fact that the w ork should be started immediately if the lawn is to be seeded. .He stated that if Trust Funds are not used it will not be possible to do the work that should be done at this time. Mr. Thomas stated that a portion of the land that is going to be landscaped is school property and the suggestion has been made that the School Department assume part of the cost. He said that the Park De- partment will maintain it once the work is done. He further stated that he believed the School Depart- ment should assume part of the cost. Mr. Hoyt stated that to him it would appear to be throwing money away not to do a complete job, and he thought the property should be cleaned up. The Chairman said that he is not convinced that this is exactly what should be done and that he would 174 Mani rather have a Town Meeting vote on it. He would prefer not to vote to use Trust Funds for something that is not absolutely necessary. Mr. Thomas suggested that possibly the Trustees would be better advised if a landscape architect were consulted. Mr. Hoyt eXamaned that of the different contraot9rs, *Vila Alum Imre talked, AN. Slater is the only one, e.quipped,;tb de the tree'work.: Mr.'Dtisaoll:said that he has not seen the property, but it did seem to him that the project was rather expensive. The Chairman asked how the group would feel about a motion to obtain a landscape architect and request plans and recommendations and then include the item in the budget for next year. Mr. Hoyt said that the question as to where the money is to come from is the only reason that he would be willing to have the work postpo}ted. Mrs. Morey said that she was not in favor of the School Department assuming part of the cost. Upon motion of Mr. Nickerson, sedmnded by Mr. Hoyt, it was unanimously voted to defer awarding a contract until such time as a landscape architect can be obtained to make definite plans, and secure tentative bids for presentation to the next Special or Annual Meeting. Mr. Thomas informed the group that no decision .has ever been made as to whether or not the Trustees desired to take advatage of the Alternate A bid with reference to alterations to the Cary Library build- ing which would mean an additional cost of approximately $700. He said that personally he believes the floor should be tile. He stated that the architect definitely likes it. Mrs. Morey was in favor of having tile floors providing the cost is within the original amount. There were no objections. Mr. Thomas, Rev. Chase and Mrs. Morey retired at 7:45 p.m. Mrs. McMillen and Mrs. Przyjemski, both of Cliffe Avenue, met with the Board relative to the building on Zoar Avenue. .Mrs. McMillen said that a family erected a build- ing, as a tool house, on Zoar Avenue and then started to build onto the tool house which is contructed of tar paper, and is located in the road, thereby closing the road. She said that she owns lots abutting the road and it is the only entrance to these lots. She asked who could prevent her from having a bulldozer put in the road and the Chairman replied that he did 277 Article Cary Lib- rary Alter nate A Bid 278 not know whether or not anyone could stop her. Mrs. McMillen said that she would like to have the road open, that it has not been used very much, but has been used some. The Chairman asked if vehicles go over the road and Mrs. McMillen replied that a tractor does. The Chairman explained that the present status of this matter is that it has been referred to the Town Counsel with instructions that this situation be made legal. Mrs. Przyjemski asked if the owner of the house in question has been notified and the Chairman replied that whatever the individual in question does that is illegal will have to be legalized, and knows that the situation is under investigation because he, the Chairman, the Town Counsel and the Building In- spector visited the location about three Sundays ago. He explained that the Town Counsel has been inform- ed that it is the vote of this Board that the sit- uation be made legal. Mrs. McMillen and Mrs. Przyjemski retired at 7:55 p.m. Mr. Ronald Brown, Chairman of,the 175th Ann- iversary Planning Committee met with the Board. He asked if the Board would be willing to accept a report from his committee made on a • hectograph machine which would save considerable expense. The Selectmen had no objection. He explained that the Committee recommended that the Selectmen arrange to invite President April 19/50 Truman as the speaker for April 19, 1950. The celebration Secretary of the Committee went to school with Clarke Clifford who is one of the President's advisors and she would be willingto write to him shortly after the Selectmen send:an invitation. He said that the letter from the Secretary would be entirely per- sonal and not from the Committee. • The Chairman explained that he had taken the liberty 4f asking Mr. Giroux for help and he expected to talk to him on the subject. He said that he thoughtIha••could sskellenry Minot, after the invita- tion has been sent, about having the Secretary write. Mrrown was agreeable to leave the matter up to the Chairman who agreed to let Mr. Brown know the results of his discussion with Mr. Giroux and reply from Mr. Minot. Mr. frown explained that at the first meeting of his Committee the subject of having a pageant was discussed and .'ruffed oirt because of'. the • time element 279 and also because of possible expense involved. He said that there also was the question as to whether or not his Committee would have anything to do with it. A gentleman called him the end df July, speaking'for himself, and said that he would like to put on a pageant in Lexington. It was discussed at the last meeting of his Committee and while there was no action there was the feeling that it should be referred to the Selectmen. The Committee is making no recommendation one way or another at the present time. This man's name is Donald Martin of Brentwood, N.H. and he has put on pageants in several towns. He puts on large affairs and is fully equipped to do it. Mr. Martin is sold on a pageant both from an educational point of view and from an. acting point of vibe. His organization would handle all the details and he feels he should start in October for a June performance. If he were to start in.Jan- uary he could not assure as great a success because of the lack of advertising. If he is given the job he will make up a budget, the entire project costing so much including everything. Mr. Brown explained that a corporation would be formed and it would underwrite say $15,000 on a $35,000 budget. The underwriting corporation would put up $14,000 which would be given to Mr. Martin to cover his expenses.. When --the pageant was put on the first $20,000 income would be applied to meet the budget. Anything over $20,000 would go on a 5)-50 basis. Mr. Martin would receive 50% and the corporation would receive 50%. The 50% the corporation receives would go to pay the $15,000 that was underwritten. Mr. Brown wanted to know if it were in the pro- vince of his Committee to recommend this or if it is something for the Selectmen to determine. He said that he would like to have a pageant and several people with whom he has talked want one, but do not want to take the responsibility. Apparently it is the work involved that makes them hesitate. The Chairman suggested that Mr. Brown ask Mr. Martin to write to the Board and give a resume of his propositionand when this is received the Board can discuss it further, possibly with the Committee. Mr. Brown agreed and retired at 8:05 p.m. Mr. Cole, Assistant Superintendent and Mr. Garfield, of the Middlesex and Boston Street Railway Company, M & B re - met with the Board relative to the Company's petition quest for for additional bus routes in Lexington. bus routes Mr. Cole read a letter explaining the reason for the petition. The Chairman s aid that the number of streets and the character of the streets involved vary a great deal. 280 He said he believed the Board would like to give this subject considerable study and before taking any for- mal vote. He stated that as he understands it now, the Company would like permission to operate buses from the corner of Bedford Street and Simonds Road, up Simonds Road to the corner of Burlington Street and Simonds Road, down Burlington Street easterly towards Hancock Street to the junction of North Hancock Street then down Hancock Street to the left on Adams Street; along Adams Street to the corner of Meriam Street, then turn to the right on Meriam Street, over the hill, down Meriam Street to Mass- achusetts Avenue. Mr. Cole stated that this is correct. Mr. Cole said that they have also discussed the Waltham -Lexington route which they might bring into Park Avenue if the petition is granted. He said this would give Lexington faster service to Boston. The Chairman referred to the petition for buses from the corner of Massachusetts Avenue and Grant Street, via Grant Street to the corner of Grant and East Streets and asked what would happen from there. Mr. Cole explained that they would continue from the corner of Adams at Hancock, left, instead • of turning Meriam Street and go down by.the new Fiske School, out East Street to Grant Street, right on Grant and out Grant to the Town.. They would turn the bus at East and Grant Streets if possible. The Chairnan asked if they would run buses.down Pleasant Street and Watertown Street to the.Concord Turnpike and up Park Avenue to the standpipe. .Mr. Cole replied that they would go up the Turn- pike to Park Avenue then turn right on the opposite side from the standpipe. The Chairman asked if there would be through traffic to Harvard Square and Mr. Cole replied in the negative. Mr. Hoyt asked when they would start the prop- osed routes.and Mr. Cole replied that they had originally wanted to start as soon as school opens but that is now impossible. The Chairman explained that the Board would like to discuss this with the School Committee, Plan- ning Board and Chief of Police and would like to be excused from making a decision right away. Mr. Nickerson said that he thought the Board should have a hearing on this and it would take more than two weeks. The Chairman said that undoubtedly it would take at least a month before anything could be worked out and he realized that the Company has done .this at the Board's request. Mr. Cole said that the Manor district is develop- ing and his company would like to service the town from that section. Mr. Cole and Mr. Garfield retired. The following individuals met with the Board to discuss Grade A and Grade B street construction: Daniel A. Lynch, William C. Paxton, William G. Potter, Joseph H. DeFoe and William Burns. The Chairman explained that last fall the Board held'hearings on the construction of Woodland Road, a section of Hayes Avenue and York Street and the cost, under the betterment act, shocked the people so that they opposed. He stated that just before Town Meeting residents of Liberty, Ledgelawn and Braemore w anted betterment streets. They were given estimates of the cost of construction and because the figures so high petitioned the County Commissioners fofi a hearing. The Commissioners, however, agreed to postpone the hearing until Town Counsel returned from vacation and the matter is to be heard on Aug- ust 23. He said that both incidents has raised the ques- tion in his mind as to whether the Grade A and B streets were a matter of law or a matter of policy. Heasked why Grade A are the only type streets con- structed under the Betterment Act. He explained that the people in Library and Ledgelawn Avenue question why a Grade B street costs less than a Grade A and there is also the question as to why they should be asked to pay for a Grade A street. He asked Mr. Potter to express his views as to why the Boatds have insisted on Grade A Streets. Mr. Potter said that a Grade B street is only partly finished and there is only one type of Street. He said that he would like to see the discontinuance of the so-called Grade B and make it more difficult for developers to open up whole areas in Lexington. Hewould like to see the Town have more control over the streets constructed by developers, and see that the streets are finished completely when built and if possible have the Town participate in the cost of construction. By contributing to the cost, he felt the Town would have more control.if and when streets are built. He explained that if the Town required a completely finished street the developers would be handicapped and it might pre- vent situations such as exist in the Spring Street area. He said, however, that he did not think it is fair to ask anyone building a street to take care of the drainage. The Chairman explained to the group that during the past year, the Board has not assessed 100% but has assessed what the Board felt was the actual bet- terment. Mr. Lynch stated that if a determinable area is benefitted from the street construction, the determinable area should pay, but no one can be assessed more than the benefit or advantage to that particular piece of property. 281 Street Construction 282 He said that he did not think betterments have been assessed up to 100%. Mr..Lynch explained that the Town cannot spend. funds to open up a way that is purely a private pro- ject. Mr. Burns suggested continuing with the agree - meets the town now has for construction and while the streets are still in the hands of the developers go through the acceptance procedure and have the liens put on while the property is in the contractor's name. He explained.that by doing this. the individual purchasing the property would not, at a later date, receive a betterment for a street which he thought was accepted. The Chairman a sked if the type of street required now by a sub -divider is Grade Band Mr.Burns replied in the affirmative. The Chairman asked if there are any places in Lexington where a Grade B street would be good enough to accept. He said that people cax s, in many instances, afford Grade A streets. He s aid that he thought it was the Board's duty to aee if Grade B streets in certain areas are good enough to accept as final. Mr. Paxton said that. he thought the problem arises from the fact. that in working up the estimates for these particular streets they have been figured on a 100% of the costof construction. A system had been followed whereby the Town would pay for all street construction in front of lots that cannot be assessed -- corner lots; the town would pay 50% of the cost of the drainage and a maximum width of 24 feet. He said this was the formula used and in making up the e stimates 100% of the cost was given to the people which naturally they opposed. Mr. Paxton explained that the real important cost in the building of any street is the.e xcavation, placing of the foundation andthe installation of the drainage. He said that this had to be done whether it is a Grade A or Grade B street. If the street is Grade B more care has to be taken with the gravel finish and then it it given two coats of oil. If it is .a Grade A street, four inches of stone is added and penetrated. He said that if you take stone at $3 a ton for one square yard, you use 1/5 of a ton of stone -- 60¢ in place; use two gallons of asphalt at 404, or a total of $1.00 per square yard; add 25% and you have *1.25 per square yard. For every linear foot you have fill at so muchsquare yard so you have $3.20 per running foot which, divided among the abutters, is $1.60 per foot. He explained this will not satisfy the people. They are receiving estimates for $13 per foot and $1.60 will not satisfy them. Omni 1 283 He stated that there are locations where the Town could.put in•a Grade B street. He said that he seldom sees a Grade B street put in by a contractor that is at all satisfactory because they do not impact the gravel properly. He said that there is no question but that a Grade B street will have a greater amount of maintenance work over a period of time. Hes aid that the ideal situation is to say that a street is going to cost so much per front foot and then the Public Works Department can decide the type of street they want to construct. He explained that they have required four inch bituminous macadam pave- ment,:.'butthis could be changed. He said that the Town should be able- to go into a section and decide what is the best type of pavement for that particular section. Hes aid that.he does not like to see the Public.Works Department hampered by policy the town has had years ago or by a monetary .situation. He said that the fact some people cannot pay $13 a foot does not mean they should not have some form of street. He a xplained that the major cost is for the excavation, drainage and gravel, and the type of pavement is relatively un- important compered to the basic work. The Chairman said as he understands it, Mr. Paxton's figure is about $3.25 difference between a Grade A and a Grade B street. Mr. Paxton, Mr. DeFoe and Mr. Burns agreed to this. The Chairman asked, in view of the high cost of streets, either A or B, is the Town insising in some instances on a -street that is too good. Mr. Paxton replied in the affirmative. Mr. Potter said that he has yet to see a Grade B street that was built in the past few years that has stood up. He said he would like to see the Town build the streets or let them out on contract. Mr. Paxton stated that, according to the Board of Survey Regulations, the Town can put an inspector on the job and charge the cost to the subdivider. Mr. Potter said that he would like to find:.some way whereby the town finishes the streets, on sub- divisions, and the charge is assessed against the developer so that it will not be passed along to the home owner. Mr. Paxton said that the Board cannot get away from the fact that once the foundation and grading is done, the cost of putting on a pavement is relatively inexpensive. He said that the streets that are causing concern are the thirty miles of unaccepted streets built before the Town had any Board of Survey Regulations. He said that if the owner would have an accepted street when he gets through he wouldn't mind, but the Town would have to put in water and also run in a water 284 service from the main to the curb on every lot. The gas company would have to do the same thing, Hesaid that -if a Grade B pavement is built, the Town will have a fairly good pavement for a long time. He stated that he cannot get disturbed over the sub -dividers or the people who come in to live because the cost will still be small. Hesaid that if the entire pavement goes off on Spring Street or Lexington Avenue, the people can still get in and out, and the streets can still be plowed. The Chairman said that it has been the policy for the Board of Selectmen not to approve anything but a Grade A Street. He a eked why the Board of Selectmen, over a period of years, decided that in no case would a Grade B street be good enough for the town. Mr. Potter replied that he did not think any Board of Selectmen wanted the responsiblility of determining what was a Grade A and what was a Grade B street. Mr. Paxton said that prior to 1926 the Town would vote to accept a street, but neglect to appropriate money. In 1926 the Town voted to accept the Betterment Act and the first streets built under the Act were in East Lexington. They were excavated, usually, to grade, had six inches of gravel and.two shots of oil; that is a Grade B street. He explained that the next step was for a definite width of pavement, still a Grade B street. The methods of building a Grade B street was different than the State specifications. It was then discovered that they could use some stone. The Town started using gravel stone which was fairly cheap and they started putting in gravel stone. He explained that in 1934 when he first came to work for the High- way Department this was the method used for building streets. The next item to be added was drainage aad in 1935 people began to ask for sidewalks. .He explained that all this increases the cost to each individual group. He said he believed it would be better for the Board to establish a cost and then build the pavement according to whatever is best for the location. The Chairman a sked if he preferred a flexible pol- icy and he replied in the affirmative. Mr. Lynch asked if Mr. Paxton recommended est- ablishing a basic price for everyone who had a street built regardless of the type of street and Mr. Paxton replied in the affirmative. Mr. Lynch asked if it would be fair to assess the abutters on a Grade A street the same as those on a Grade B street. Mr. Paxton replied that there is only two real differences; a bituminous pavement and a concrete pavement. Hes aid that once the street is built no 1 285 one can tell what type it is. He said that both streets could be made to look the same. Mr. Lynch said he thought the.Board would have some difficulty in establishing a flat fee and the Act states that the Town must get some money back, but the Town cannot assess more than the actual betterment. Mr. Paxton and Mr. Potter retired. Mr. DeFoe said that he had received a request from a resident of Bedford, who lives adjacent to the Water for Lexington line, for a water service. Bedford Mr. Lynch reminded the Board that pexington can- resident not sell the water with out permission from the M.D.C. and the Town of Bedford. He explained the Town's obligation is to residents of Lexington and not to re- sidents of Bedford. Mr. Hoyt moved that the request to furnish water to a resident of Bedford be denied. Mr. Dripcoll seconded the motion, and it was so voted. . Mr. DeFoe informed the Board that a request has been made by the Boston & Maine for permission to install Flasher flashers at the Woburn Street crossing. at Woburn The Board was unanimously and strongly opposed Street to the installation and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it voted to disapprove the requdst. The Chairman read a letter from Mr. Lynch stating that the Department of Public Utilities has agreed to Hancock St. re -open the case relative to the railroad gates at gates Hancock Street. The case will be assigned for a public hearing some time in September. Mr. DeFoe brought up the subject of parking meters and Mr. Lynch explained that until the Town By -Laws are Parking changed by Town Meeting, violations cannot be prosecuted. Meters He recommended deferring installation until such time as the By-laws have been changed. Several letters were received from Mr. Carroll with reference to claims filed against Attilio D. Daddario. Mr. Lynch said that he would like to have Mr. Curtin, the attorney for the bonding company, meet with him some day this week and tell him definitely that the Town regards the contractor in default and notify the company to proceed. The Chairman asked if it were the sense of this meeting that proceedings be instigated against the bonding company. Mr. Nickerson said he would recommend it after the conference mentioned by Mr. Lynch. Mr. Lynch informed the Board that Harold Roeder, of the Board of Fire Engineers, conferred with him re- lative to the contract between Louid Bills and the Daddario in default 286 Town for electriacal work in connection with the Central Fire Station. He said that evidently Mr. Bills idea was to have the Fire Engineers sign the contract with- out requiring a bond. Mr. Bills has worked on this basis for many years. Mr. Lynch explained that according to L. W. Bills law there must be a performance bond filed. The Statute contract provides security for labor and material by a bond or by retaining a sufficient sum out of the contract. He said that he felt very definitely that the Town should have a bond, and that he did not mean this as a reflection on Mr. Bills. However, it is a one- man operation and if anything happened to Mr. Bills the Town would be open for serious criticism. The bond does not cost very much, but Mr. Bills does not like the idea, but will go along if the Board insists. Mr. Lynch was requested to contact Mr. Bills and if he prefers to have the Town retain 50% of the con- tract, no bond will be required. The Chairman asked Mr. Lynch's advice relative to placing the street construction betterment ass- essment levied against property owned by the Sachem Sachem Council Boy Scouts on a deferred basis with the pos- Council sibility of abating the payments as they come due. assessment Mr. Lynch explained that if payment is deferred the law requires payment of interest at the rate of 4% and that he would be inclined to go along. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to place this betterment assessment on a deferred payment basis over a period of ten years with one-tenth of the betterment coming due each year plus interest at 4% As each annual increment comes due, it is the present Board's intention to sincerely consider abat- ing said increment providing the property in question is intact andFLtill being used for the purpose for which it was given to the Boy Scouts. The Chairman reported to the Board that', as a result of a telephone call from Mrs. Ivusic, 420 Massachusetts Avenue, he went to see her to discuss the pruchase of taxtitle lot #55, Hillside Terrace. William Lyon advertised lot #54, privately owned, for sale and Mrs. Ivusic purchased it. She now has an option on the lot located on the corner of Mass- achusetts Avenue and Hillside Terrace and wants very much to purchase lot #55 from the Town. The Chairman said that he told Mrs. Ivusic if she would agree to erect the house with a Massachusetts Avenue frontage and agree to kill lot #55 the Board Lot #55 Hillside Terrace min 287 might consider selling the lot. He asked if this would be legal and practical. Mr. Burns said that she can build on the lot she owns now, and that she has submitted a request for a sewer lateral and water main to service lot #54. Mr. Lynch explained that she could write the Board a letter and state that she will front her house on Massachusetts Avenue; the Board could sell her lot #55 and she agree not to sell lot #54, but the Board could not prevent her from selling it. He said that the Board could not improse any restraint on the alienation of the land. He suggested that the three lots be reconverted into one and recorded at the Registry -of Deeds as one lot. Mr. Nickerson moved that the Board entertain an offer of $75 and that Mrs. Ivusic be advised that the Board will consider the sale providing the three lots are consolidated into one and so recorded at the Registry. Mr. Hoyt seconded the motion,,and it was so voted. The Chairman informed the Board that on Saturday morning he and Mr. DeFoe met *ith John'Baskin. Mr. Baskin is willing to accept the reduced assessment on the Round Hill Road, Grant Street lot. He further agreed, on the plateau lot next to the Sachem Council Baskin property that if the Board would reduce the assess- Grant St. ment to $200 he would accept it on a ten-year deferred assessments payment basis. Upon motion of Mr. Nickerson, s econded by Mr. Driscoll it was voted that the b etterment assessment on Lot 148 Grant Street be reduced to $200, and placed on a ten-year deferred basis, Mr. Baskin to pay interest at the r ate of 4% pending the liquida- tion of the betterment assessment. Mr. Lynch retired. Mr. DeFoe submitted a list of requests for the installation of street lights, together with sketches and explained to the Board the proposed locations. Upon motions duly made and seconded, it was voted to approve the following street light installation; Park Drive and Muzzey Street 2 li is Sherburne Road 4 Maple Street 1 Follen Hill 7 n Bowman Street 2 n Mryna & Carl Roads 2 ►� Mr. DeFoe explained that he has had another re- quest for a light near Mt. Tabor Road on the Lexington - Lincoln Line. Hestated that,tn his opinion, this light would only light up Mr. Miller's driveway. Mr. Miller lives in the last house in Lexington. Street lights 288 He explained that there is no lighting on the Turnpike and he does not recommend granting this request. Decision on this request was held over until the members of the Board have an opportunity to look at the area in question. Bids were received from Robert Fawcett & Son, Lexington Coal Company and the Snider Fuel Compsny for supplying coal to the Cary Memorial _Building and the Public Works Building. Mr. DeFoe agreed to contact the Lexington Coal Company in an effort to obtaining an explanation as to the differenee•in the bids. Letter was received from Harry Schecter, 5 Liberty Avenue stating that the sewer and water assessments levied against his property, Lot #156 Ervington Park are greatly in excess of those levied against his neighbors. Mr. DeFoe informed the Board tiat he has.talked with Mr. Schecter and explained to his satisfaction the sewer assessment. Mr. DeFoe presented a sketch showing the water installation and informed the Board that Mr. Schecter was assessed for the long side. On a curve, such Schecter • as is the case in this particular instance, the water & Engineers project the two sides until they meet. sewer This came out 1/!1 feet and Mr. Schecter was assessed. assessment The amount involved is $62. Mr. Nickerson felt that the Board has a policy which should be adhered to and suggested that Mr. DeFoe write a letter to Mr. Schecter and explain just how the assessment was arrived at. The Board agreed. The Chairman read a letter from Dr. Schlichte, 132 Follen Road requesting the installation of a sewer lateral. Mr. DeFoe presented a sketch of the property and stated_that the petitioner and one other abutter, Mr. Cutter, would receive a very large assessment. Dr. Schlichte's share will be $598 and Mr. Cutter's $380. The Board agreed to a linear frontage assess- ment and requested Mr. DeFoe to contact the petitioner aid also Mr. Cutter and explain exactly what the procedure will be. Request for sewer in Follen Road Mr. DeFoe brought up the subject of drainage in the vicinity of Castle Road. The Chairman explained tat is another matter which was discussed Saturday morning with Mr. Baskin, and in the most simple form this project will cost L Pieg 1 not less than $2,000. Mr. DeFoe presented a sketch of the area and explained that since the construction of Mr. Baskin's house and the construction of Castle Road, water remains on Baskin's property. He wants this corrected and also the drainage on Somerset Road. Hestated that it is a question as to who pays for what and whether it will be an open or closed ditch. Hes aid he thought a section of the pipe in Castle Road should be removed and it will cost approximately 025. There are four ways in which to solve the problem and the cost will be $3,765, $1,640, $3,725 or $2,220. Hestated that Mr. Baskin would like to have the drainage follow the lot line have the ditch piped, and he would be willing to contribute $900 to the price of $3,700. Mr. Burns said that if Mr. Baskin will pay $4 a foot to the Town he thought the offer should be accepted. The Chairman explained that any money realized would go into the Excess and Deficiency Account:. He said that there is not sufficient funds available to do the project without having more money appropriated by the Town. Mr. Burns suggested going from Castle Road, across the first lot into the open ditch and widening the ditch. Mr. DeFoe and Mr. Burns agreed to advise Mr. Baskin that the Town has not enough money to do a large drainage job and ask if he would go along with Mr. Burns' recommendation; Mr. DeFoe to report to the Board later. Mr. DeFoe and Mr. Burns retired at 11:45 p. m. The Chairman read a letter from Mr. Garrity with reference to the Harrington elm on the Merrill property at 1073 Massachusetts Avenue. Mr. Keene, of Frost & Higgins Co., examined the tree and does not believe that any more work should be done on it. It w as agreed that the Chairman should write Mrs. Merrill and advise her that it is the Board's opinion that the town has no responsibility in the matter, and that Mr. Garrity, as well as a tree expert, feel that the condition of the tree does not warrant the expenditure of money in an attempt to further preserve it. The Chairman read a letter from the Middlesex County Commissioners advising that a petition has been received for the relocation and alteration of a portion of Concord Avenue and that a hearing will 289 Castle Rd. Drainage Harrington elm 290 Concord Ave. hearing 'Tarbox re- signs from App. Comm. Valley Road betterment suspended Hamilton assessments Chamber of commerce "Back to School" Use of hall be held in Lexington on Tuesday, August 23, 1949,at 3:00 P. M. The Chairman explained that Mrs. Teeter, 463 Concord Avenue wants the layout changed so that the large trees in front of her property will still be on private land and not within the right of way of the Concord Avenue layout. Mr. Hoyt moved that the Commissioners be advised that the Selectmen and the Town Engineer have no objection to the petition. Mr. Nickerson seconded the motion, and it was so voted. Copy of letter from Lee E. Tarbox to James J. Carroll was received in which Mr.•Tarbox resigned as a maember of the Appropriation Committee. The Clerk was instructed to include this item on the agenda for next Board meeting. Memo was received from, Mr. Fred Spencer with reference to Sewer Assessment Account #1829 in the amount of $970. This property, formerly in the name of James W. Burr and located on Valley Road, was foreclosed May 17, 1949. Mr. Spencer requested permission to suspend the betterment. The Board had no objection. Mr. Eugene Hamilton's request for abatement of the water and sewer betterment assessments levied against Lot 176 Ervington Park was held over. The .members of the Board agreed that the Chairman should write Mr. Hamilton and advise him that the Board does not desire to abate the assessments, but that they may be deferred. Petition was received from Kendall L. Johnson, attorney, for abatement of water betterment assessments levied against Ernest B. Johnson and Everett Kourian. The Clerk was instructed to refer it to the Town Counsel. Communication from the Lexington Chamber of Commerce with reference to a "Back to School" cam- paign was held over from the last meeting of the Board. Mr. Nickerson moved that the requests outlined in`the letter be approved, providing the Chief of Police approves. Mr. Driscoll seconded the motion, and it was so voted. Application was received from the Lexington Soft Ball League requesting permission to conduct a meeting in a conference room on Monday, August 15, 1949 from 8:30 p.m. until 10:30 p.m. Mr. Nickerson moved that the use of the room be granted free of charge. Mr. Hoyt seconded the motion, and it was so voted. Application was received from the American Legion requesting permission to conduct the Annual Installation of Officers in Cary Memorial Hall on Wednesday, Sept- ember 14, 1949 from 7:00 p.m. until 11:00 P. M. Mr. Nickerson moved that the use of the hall be granted free of charge. Mr. Driscoll seconded the motion, and it was so voted. Application was received from the Battle Green Chapter, Order of DeMolay for Permission to conduct a play in Cary Memorial Hall on November 25, 1949 from 8:00 p.m. until midnight and a r ehearsal on November 23, 1949. Mr. Hoyt moved that the use of the hall be granted subject to a charge of $35.00. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to sign the order for the installation of a water main in Harding Road from end of existing main a distance of 515' northwesterly. (Copy of Order in Selectmen's Files -- Water Orders, 1949). 291 Harding Road water main Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the following licenses: Licenses Countryside Associates, Inc. Lowell Street Sunday Golf Lexington Theatre Mass. Avenue Sunday Movies Upon motion of Mr. Hoyt, seconded by Mr. Nick- Election erson, it was voted to appoint the following Elections Workers Workers for a term expiring September 1, 1950. (see Selectmen's Files -"Election Workers" 1949) The Clerk informed the Board that there is a balance of only $2.26 in the Selectmen's Unclassified Account and the Board has authorized the 19th of April Planning Committee to use this account to the extant of $50. Mr. Hoyt moved that the Appropriation Committee be requested to transfer the sum of $100 from the Reserve Fund to the Selectmen's Unclassified Account. Mr. Driscoll seconded the motion, and it was so voted. The next regular meeting of the Board is to be held on Monday evening, August 15, 1949 at 7:30 p.m. The meeting adjourned at 12:35 A true record: Attest: �e , �electmen. 292 SWARMSUROZCSSEggia Auguot lo►, 1010