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HomeMy WebLinkAbout1962-12-03-BOS-min44 Tax title Dump site Dump site Claim SELECTMEN'S MEETING December 3, 1962 A regular meeting of theBoard of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 3, 1962, at 7:30 P.M. Chairman Adams, Messrs. Cole and Brown were present. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro referred to Mr. Lee Tarbox' letter of November 7, 1962 relative to the acquisition and use of tax title Lot 7, Block 18, on Reed Street. He re- ported that he sent Mr. Tarbox a letter, having found some indication lots 6 and 7 were laid out under Separate deeds in 1924 and pointedout, if he met certain specifications, the combined lots might qualify for a building lot. Mr. Legro referred to letter of November 19, re- ceived from Bingham, Dana & Gould, law firm repre- senting the Globe Newspaper Company, pertaining to lots 11, 12, 13 and 1.4, Block 86, Hazel Street, taken for refuse disposal site. He advised tha he has been unsuccessful in contacting Mr. Davis of the above- mentioned firm. Mr. Legro reportedthat he had received a letter from Daniel E. Lynch, written to Mr. Stevens and re- ferred to him. Mr. Lynch is representing Henry J. and Hazel Travers who owned lots taken for the refuse disposal site. Mr. Lynch stated he was offered $500 for lots 50-56, Block 46, Ward Street and was asking $750. Mr. Legro said in checking over the available offers, there appears to be a low of $50 with a record title and some offers run to $75 each. The subject was held over until the next meeting of the Board. Letter from David A. Washburn, 267 Waltham Street, requesting payment of $250 damages in connection with land taking for Worthen Road, was held over. The Chairman read copies of communications dated November 27, 1962 from B. M. Keith, Jr., 138 Burlington Street, to Mr. Legro and the C. L. Guild Construction Co. Mr. Legro reported this was confirmatory with his conversation with Colonel Keith. He explained that the Board voted on October 18, 1962 to abate a sewer betterment assessment and Colonel Keith has agreed to sign a confirmatory deed and release of damages. The Chairman read a letter from the Planning Board requesting that there be placed in the warrant for the next Town Meeting an article to see if the Town will vote to amend the Zoning By -Law so as to change certain land from a one -family distbicttto a local business district, to be added to the Country- side Inc. Property. In placing the article in the warrant, it is understood that the Planning Board will not present the article but that Mr. H. Irving Currier will have some Town Meeting member do so or ask for permission for his attorney to speak from the floorr. Upon motion duly made andseconded, it was voted to include an article in the warrant for the next Town Meeting. Colonel Keith claim Article The Chairman read a letter from Richard L. Wilder, attorney for Isabella T. Ravenell, relative to Lots 1 and 2, Block 33, Oak Street, taken for the refuse dis- Refuse site posal site. lots Upon motion duly made and seconded, it was voted to authorize Mr. Legro to offer $50 per lot. The Chairman read a letter from Mr. Harold E. Stevens with reference to petition pending brought against the Town by Rosina Busa and Joseph F. Busa Claim for damages alleged to have resulted from a taking of a sewer and drain easement. The attorney for the plaintiffs advised Mr. Stevens that they are prepared to settle for $100, and since the expense of trial would exceed $100, Mr. Stevens recommended settlement of the case. Upon motionduly made and seconded, it was voted to authorize Mr. Stevens to settle the case for $100. The Chairman read a letter fromMr. Harald E. Stevens, administrator of the estate of Louis W. Bills, late of 73 Hancock Street. On September 3, 1940, a sewe order was adopted for the construction of a sewer in Hancock Street, at which time Louis W. and•Eleanor Mae Bills were listed with the betterment estimated to be $129. This betterment was apparently never committed. 46 On May 16, 1960, a second sewer order was adopted, and according to the record of the Colledtor, better- Billsr ments were committed and paid. betterment In view of the situation, upon motion duly made abated and seconded, it was voted to abate the betterment under the first order so that Mr. Stevens may obtain from Mrs. Rich a certificate dissolving that betterment. Release Mr. Carroll reported that he has rented the pro- perty at 561 Massachusetts Avenue for $150 per month. Mr. Car-oll reported that he had received a letter from Mr. Stevens pertaining to the Arsenault -Rinaldo collision, at which time a hydrant was hit. Upon motionduly made and seconded, it was voted to execute the release, prepared by Mr. Stevens, for the consideration of $52.46 paid by Francis E. Arsenault and Peter C. Arsenault. Upon motion duly made and seconded, it was voted Gas main to grant permission to the Mystic Valley Gas Company to locate a 2" welded steel gas main in Rawson Road to serve house #15, subject to Mr. Carroll's approval. Mr. Mark Moore, Jr., President of theLexington Chamber of Commerce, and members of the Retail Division of the Chamber of Commerce and Chief Rycroft met with the Board. Mr. Moore stated the concern the Retail Division has at the moment is the .05 and .10 meters in the public parking lots, installed a few weeks ago. He reported that customers have been complaining to the Parking merchants they find the .05 charge bothersome and a meter change nuisance. He said most of the shopping is for short periods of time, going in one store for maybe fifteen or twenty minutes at a time. He said he imagined the merchants wanted to see if it is possible for the Town to change from .05 and .10 to .01. The Chairman stated that nickel meters were selected after checking around. He said a number of cities and towns around here do have nickel parking meters and the parking meter people recolrw ended that it was found that when people pay a penny, they will not rush out, and stay in the store and get tagged. He said he did not think the Board felt particularly strong on it. Mr. Brown said if it is going to be a detriment to the merchants, there should be some consideration given. Mr. Frank Bateman asked if the .01 and .05 meters were for two hours. The Chairman replied that there is a .01, 05 and .10 for two hours and asked if that would be satisfactory. Miss Agnes Bongiorno replied that it would be better. Mr. Joseph Baseman said it would be a good idea to put in a meter head for pennies, nickels and dimes. The Chairman said he did not think the Board felt strongly but took the recommendation of the parking meter people who apparently found there was some ad- vantage to having only nickels and dimes. Mr. Cole stated that the changeover would cost approximately $100. Mr. Richard Michelson asked when the parking meters would be enforced. Chief Rycroft replied that application has been made to the State but formal approval has not been received. The Chairman said approval would be coming through any day and the meters have resulted in making parking spaces available. Mr. Michelson asked if the Public Works could grade additional parking area on the other sideof the rail- road tracks and also have it plowed this winter. Mr. Carroll asked what needed to be done, and Mr. Michelson refiied that there are low spots and the group would like to have it kept plowed. Mr. Carroll said he would try to get in there before frost and it can be plowed, but that is up to the Board. Mr. Baseman asked why something could not be put in the paper that the meters are being operated or that they are not being operated. Mr. Carroll explained that the idea is to make the parking lot useful and to keep the cars moving. Mr. Michelson referred to the parking lot at the rear of his store and asked if the Board had given con- sideration to making two-way on Waltham Street. Mr. Carroll replied that consideration has not been given going out to Waltham Street, and the State has been asked for approval of one way. He said this was originally proposed when the lotswas built. He said traffic coming out of the parking lot onto Waltham Street is trying to cut into that traffic and the Traffic Study Committee felt the only solution was to make it one way. He said most people are obeying it and there does not appear to be any problem. Mr. Michelson asked if the traffic on Raymond Street could be reversed. The Chairman suggested that the Traffic Study Com- mittee study this. 48 Mr. Michelson asked if the Board would reconsider his request to have one parking meter at the rear of his store removed. The Chairman explained that if a meter is moved fc:r one merchant, the same consideration will have to be given to all merchants and the Board felt the type of delivery would not be blocked. He said the Board could discuss it again, but at the time, it was decided not to remove a meter. Mr. Michelson said there is not supposed to be any parking at the rear of Brigham's but there are always three or four cars there. Mr. Carroll explained that the Chief intends to enforce that. Chief Rycroft explained that there is nothing he can enforce now and he will not try to enforce anything until he has received authorization. Mr. Bongiorno asked if the people would be notified before the meters go into effect, and the Chairman replied he thought it could be arranged. The Chief stated that his department does not en- force parking during the Christmas season and this is something that has always been done for the merchants. Mr. Michelson asked if it has been definitely de- cided that the meters will be changed to .01, and the Chairman replied the Board would take it under advise- ment. The Chairman read a letter from the Chamber of Commerce again requesting permission to park the Santa - mobile trailer on Massachusetts Avenue beside Emery Park. Mr. Michelson said the only other place he found Santamobile was in front of the Depositors' Trust and the children will have to cross a flow of traffic, and he thought it would be safer for them if the trailer was parked against a sidewalk. He said the trailer could be moved every night and will be moved to various areas. It will be in Town fourteen days and in the center eight days between the hours of 10:00 A.M. to noon and 2:00 P.M. o 4:00 P.M. The Chairman said the Board would reconsider the subject. The group retired at 8:50 P.M. Upon motion duly made and seconded, it was voted to establish the following charges for parking meters in the two municipal parking areas: .01 Twelve minutes, .05 one hour and .10 two hours. 4e Upon motion duly made and seconded, it was voted to allow the Lexington Uhamber of Commerce to park the Santamobile Santamobile trailer on Massachusetts Avenue in front of Emery Park, for eight days between the hours of 10:00 A.M. and noon and 2:00 P.M. and 4:00 P.M., the trailer to be removed each evening. Mr. Raymond Boudreau met with the Board and said he owned a parcel of land on Worthen Road in batik of the Stop and Shop land. Mr. Carroll had previously explained to the Board that Mr. Boudreau was unable Boudreau to obtain a building permit because there are no water building or sewer facilities available. Mr. Boudreau said Worthen Road he did not need the sewer and water now but would like to get a building permit and take advantage of the good weathet+. He estimated the income to the Town would be $12,000 a year. Mr. Carroll said his solution would be #1, include an amount of money in the 1963 budget for both the water and sewer and #2, in order for Mr. Boudreau to obtain a building permit now, have him enter into an agreement with the Town which will bind him to pay the Town, providing it is not included in the budget or not approved by Town Meeting, $5,000 so the Town will be guaranteed that no money will be lost. He said if the Town installs these mains under the Betterment Act, Mr. Boudreau would not be expected to ppy anywhere near the $5,000. His total investment might be $1,000. Mr. Boudreau said if he is able to start the build- ing now, the Town will pick up the assessment on the foundation the first of the year. The Chairman said the Board would take the matter under advisement. Mr. Brown asked if this was not approved by Town Meeting, and Mr. Boudreau had to put the facilities in at his own expense, how much the Town would reimburse him. Mr. Carroll replied he did not think the Town should reimburse him. He said he is asking for some- thing now and the Board could tell him to wait until after Town Meeting. The Chairman said Mr. Boudreau is buying time and taking a gamble. Mr. Boudreau said he would have a large tax bill there and felt he was being penalized and giving the Town $12,000 besides. Mr. Carroll explained that the Board cannot gamble with the Town's money, and if the Town meeting decides it does not want to put the water and sew m. in at a cost of $5,000, he would require Mr. Boudreau to install a main. 50 Minutes IND The Chairman explained the only way the main can be put in is for the benefit of the Town, and the Board cannot invest money to make money. Mr. Boudreau asked, in the event the Town Meeting turns this down, if he would be required to put in the size of a main that it would be put in for the entire road, or just to service his building. Mr. Carroll said he would go along with a service type of installation for the sewer because he is not sure what is going to happen, but the water would be a main. Mr. Boudreau said if he could get this settled so he could bring in a bond, he would start work this week. Mr. Boudreau retired at 9:10 P.M. Upon motion duly made and seconded, it was voted to include an estimated amount in the budgets for 1963 and to authorize the Department of Public Works to in- stall a waterrmain and a sewer main, of a certain type, in Worthen Road, on condition that the applicant, Raymond Boudreau, shall agree to pay the cost thereof and give adequate security for performance of the agree- ment in the event such an appropriation for 1963 does not include the cost of the installation. Messrs. Legro and Carroll retired at 9:20 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Se:ctmen's Meeting held on November 26, 1962. The Chairman read a letter from Mr. White, Town Accountant, advising that the Assessors' payroll of December 3 has on it one week's pay for vacation that Mr. Cronin did not take, however Mr. Cronin did pre - Assessors' viously receive two week's pay for his vacation. The payroll money to pay Mr.Cronin w::s charged to the $1,500 transferred from the Reserve Fund in July for extra clerical help. It was agreed to ask the Board of Assessors to meet with the Selectmen on Monday, December 10, at 8:00 P.M. The Chairman read a letter from Mr. McQuillan, Chairman of theBoard of Health, stating that he would like to discuss the classification of the position of Executive Health Officer. It was agreedto invite the Bcard of Health to meet with the Selectmen on Monday, December 10, at 8:30 P.M. Letter was received from the Lexington Association of Independent Insurance Agents requestin a a meeting with the Board to outline the organizations objectives and the manner in which the members may serve the Insurance community. group It was agreed to invite the group to meet with the Selectmen on Monday, December 17, 1962 at 8:30 P.M. Interim Report as of November 30, 1962 was received from the Department of Civil Defense. Upon motion duly made and seconded, to grant the following licenses: Auto Engineering, Inc. Rowe -Jackson Chevrolet, Inc. Colonial Garage, Inc. Morris Motors Battle Green Inn, Inc. Regent Delicatessen Meredith Foods Inc. Heritage Room Restaurant Woodhaven Country Stores, Inc. Hancock Market Busa Bros. Liquors Inc. Connors Bros. Inc. Beorge W. Blaisdell Paul J. Rivais Irene M. Rivais it was voted 1st Class tt tt n It 2nd Class Innholder Common Vi n n It n Agent 11 tt Agent ctualler tt n tt n Package Goods 11 u Taxi Driver 11 tt It rt Licenses Store tt Upon motion duly made and seconded, it was voted to meet at 7:30 P.M. on Thursday, December 6, 1962, to Meeting discuss 1963 budgets, prior to the meeting with the Standing School Building Committee scheduled for 9:00 P.M. The meeting adjourned at 10:25 P.M. A true record, Attest: i- eC tiV Cler, \ a2 SELECTMEN'S MEETING December 6, 1962 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday, December -6, 1962, at 7:30 P.M. Chair- man Adams, Messrs. Cole, Richards, Brown and Burnell were present. Miss Murray, Executive Clerk, was also present. Budgets were acted on as follows: Collector - Expenses 3-B referred back to Collector for the 1962 approved amounts. Mr. Burnell opened a discussion relative to central purchasing and the Chairman suggested that action be deferred until after the employment of an Executive Assistant. The Chairman read a letter from the Town Accountant in which he questioned an invoice, received from the Civil Defense Department, in the amount of $43.40 for accessories and repairs to the Director's automobile. The Clerk was instructed to ask Mr. Burrell, Director, for an explanation. Assessors - Expenses 6-B to be discussed with the Board of Assessors on Monday, December 10. Board of Appeals Expenses 9-B The Chairman stated that, as a matter ofinformation, he would like an explanation as to the reason for the increase over the past three years in the item for Office Supplies which was $500 in 1961, #650 in 1962 and $720 'requested for 1963. Board of Health - Expenses 11-B; Engineering 11-C;. Dental Clinic 12-B; Posture Clinic 13-B to be dis- cussed with the Board of Health on Monday, December 10. The Rabies Clinic budget 11-E was approved for the amount requested, $975. Veterans' Day - Expenses apprave1 $200 as requested. Memorial Day - Expenses The Clerk was instructed to ask Mr. Healy, Chairman of the Memorial Day Committee, for a breakdown of the $500 requested. Town Celebrations Committee - Expenses approved $5,000 as reques ed. Capital Expenditures Committee - Expenses approved $50 as requetted. Historic Districts Commission - Expenses Approved $400 as requested. Standing School Building Committee - Fxpenses approved $600. At 9:00 P.M., the Standing School Building Com- mittee, representatives of the School Committee, Re- creation Committee, Appropriation Committee and Capital Expenditures Committee, met with the Board. The Chairman stated the joint meeting was scheduled to discuss the situation at the central playground in relation to plans for the proposed new Senior High School and what could be done to change the jurisdiction of the land and put it under the new High School program and thereby• receive State aid. Mr. Fisher reported th-.t his Committee met with the Building Assistance Commission about a month ago. He explained that any development is eligible for State aid as soon as certain things are done. He said the main thing at the moment is to have in the Committee's general plot plan all those things considered to be part of the expansion of the facilities for the High School. He said he believed no other action would have to be taken this evening. He explained the other thing is, it does not matter whether the building committee does this work or not, and stated that the work Mr. Carroll has already done on the central playground, authorized after the first authorization of the build- ing in 1960, is part of the project so when the build- ing is completed and the Committee turns in a claim, it will be under the jurisdiction of the school. He said that first, the facilities involved must relate to the building project and second, the land and facili- ties must be included in the plot plan the Committee submits to the Commission and third, at the time the Committee asks for State aid, the facilities must be under the jurisdiction, legally, of the School Committee. He suggested including all the central playground and all the land of the dump area as far as Middleby Road. He said the question of jurisdiction, as far as he could tell, does not have to be settled until some time before the Committee asks the State to put this under State aid. He explained that State aid is 46% so it is worthwhile. 54 Mr. Kent said the Committee has to fill out forms and the estimate can be changed each year. When the Commission adds up the entire project, it then makes the determination whether a particular item can be in- cluded or not. The Chairman said the Committee was suggesting that the entire playground be included. Mr. Fisher said he did not think they could go beyond that, not beyond the break at Middleby Road. The Chairman said it would not be necessary to appropriate money for this work and Mr. Fisher said that was correct. The Chairman asked if this would hurry the de- velopment of the playground and Mr. Fisher replied that it might. Mr. Richards said there is no assurance that the Committee will receive State aid. Mr. Kent explained that the major factor, and an absolute minimum essential, is that it be put under the control of the School Committee. He said there are some phases he doubted would be approved, but there appears to be a good chance that the items on Mr. Snowts plan, the new football field, would be approved.. Mr. Fisher said the Building Assistance Commission might give an informal opinion regarding approval and suggested what is and what is not within its jurisdiction. He stated that if nothing is put in, nothing will be obtained, and if it is put in, it may not be approved. Mr. Richards said it seemed to him that such facilities as the tennis courts which have been op- erating for a long time would not be included. Mr. Fisher said aid would not be given on fixing up general facilities. Mr. Richards said the track which has been modi- fied and used by the School, could be included and also stated that the question of distance from the school buildings must be considered. Mr.Kent said it is reasonably used in connection with the school. Mr. Richards asked if the distance from the school buildings to the area reasonably close enough to be used, being within walking distance. Mr. Fisher said it would be advisable to put the field over there and have the physical education facilities close in. However, if that is done, it will be necessary to move the enclosed field to put the physical education fields closer to the building. Mr. Kent asked if having the facilities under the jurisdiction of the school took anything away from recreational uses. 1 1 Mr. Richards replied that it means the decision is made by the School Committee instead of the Select- man. Mr. Kelly said, with regard to the use of school land, the public is getting good use of land which is considered to be under the jurisdiction of the school. He stated that the work between the two committees has been excellent and the public has had use of the land after school hours. He said it re- quires some coordination and he could see no differ- ence whether it is school land or public land. The Chairman said thatthe dividing line on main- tenance had been worked out with Mr.Carroll and Mr. Spiris, and there is a policy already established under maintenance and care by the Public Works. Mr. Richards said if it is under the jurisdiCtjon of the School Carnmittee it makes very little difference, the general benefit would be the same. He said the next question is, will there be a saving by including this in the general overall picture. He said the only reason for doing this would be to get something for nothing. Mr. Fisher said the Town would be getting it on somethingbesides real estate taxes. Mr. Richards asked if there would be any real monetary value. Mr. Kingston asked if, in order to qualify for funds, the Town had to make an appropriatinn. Mr. Fisher replied that all this does is to establish the maximum the Town considers it may spend. It is not something that has to be done and no funds have to be appropriated. Mr. Kingston asked if the Town would qualify for aid if no appropriation was made. Mr. Fisher replied that the Committee will not close the account with the Building Assistance Com- mission before 1966 or 1967. and any time before the final record is closed, the Town can request aid if it is put on the site plan. Mr. Richards asked about the additional cost and Mr. Fisher explained that the architect would include this in the plan he is going to submit. The architect said he was assuming this would be a general outline. Mr. Kelly asked if these could be put in the site plan and then not go through with them and Mr. Fisher replied in the affirmative. Mr. Richards asked how much could be included in the plan before the Commission objected. Mr. Kent said he would not include the swimming pool or the present tennis court and he walnot sure he would include the track, but he would certainly include the football field. Mr. Gary asked what it would cost. Mr. Fisher replied thOt whatever the Town is going tp spend, it would receive 16% back. He said the Town does nt have to spend any money or take the full ex- tent of Mr. Snow's plan. The Chairman said there should be some figure for Town Meeting and Mr. Fisher said not now. He explained that showing the proposed development of all land in the area of the High School which can properly be related to the expansion of the facilities was suggested by the School Building Assistance Commission. Mr. Kent said figures will not be needed in January so spend X number of dollars. The Chairman said someone would ask how much this will cost and how much the Town will save. Mr. Kent explained that when the Committee closes its accounts, at that time it will only be able to ob- tain aid on what the Town has decided to do for this area. He said he thought the years 67 or 68 would be nearer correct. The Chairman asked when transfer of the land would be requested. Mr. Fisher said the Committee would not be asking for it; they are asking for a very small piece of land, and doing a very minimum of landscaping. He explained there is nothing in the Committee's present project for the development of this playground at all. Mr. Brown, of the School Committee, asked if some official transfer of authority was required. Mr. Fisher replied not now but at the time the Town wants to go in for State aid, it has to be under the jurisdiction of the school. Mr. Kent said the Committee has to have future plans on the plot plan. Mr. Richards asked if at a future Town Meeting $100,000 is asked for the development of a portion of this area and the money appropriated, would the Town be assured of receiving state aid. Mr. Kent stated that the only question is going to be for this development in conjunction with the expansion of the High School and it should be on the plot plan now. He explained that at the time the Town appropriates the money would be the safe time to make the transfer if State aid is desired. He said that the ruling on what is and what is not subject to 57 State aid is not made until the final completion of the project. Mr. Fisher said he did not think the Committee would recommend appropriating money to receive State aid, but is trying to set this up so the Town will get !:E6% back. Mr.. Gary said if it were not for State aid on this, the question would never have come up for consideration and asked therefore if this didn't come down to a matter of potential cost. He said Mr. Kelly, of theRecreation Committee, gave him a figure of $62,000 and it seemed to him the Town would request 16% on $62,000 or whatever it might be, and once this is started, a precedent has been established. He said if it were not for the cost savings, this would bot be under consideration at all. Mr. Kingston stated that nothing is being committed even if the plan does go in, and the decision relative to the transfer does not have to be made. The only de- cision to be made at this time is, does the Committee include these facilities on the plot plan. Mr. Richards said if the Committee shows the site plan to include the additional desired facilities, it will be saying that it is going to build just the school and the rest is just scenery, etc. He said only the school, upon which there is a firm bid, will be built and he thought someone would ask how much the rest will cost. Mr. Fisher explained there was no relationship and this is not part of the project the Committee is discussing. Mr. Kent said, assuming the site plan is public property, there is no commitment on the part of the Town to do any of this. The only purpose of including it is in the event the Town wants to develop this land for recreational purposes, it can be done at less cost. Mr. Gary asked if there would be cost figures for this at the Town Meeting, and Mr. Fisher replied in the negative. Mr. Gary asked in that event, why it could not be put on the plot plan. The Chairman said it could come up at the time transfer of title is requested. Mr. Kent explained that would not be done until there is a plan. Mr. Richards said if this is to be put on the site plan, it should be released to everyone and have a geographical area that is defined. There should also be cost figures and a program of when it would be re- quested. 58 The Chairman said the decision the Committee wants this evening is whether or not this is to be included in its request. If something comes up between now and January, it still can be dropped. Mr. Fisher explained that his Committee, at this point, only has to file with the School Building As- sistance Commission a plan of what the Town might ultimately decide to do and there is no recommendation that has to be made. He said it would be included in the event it is decided to go ahead within the next five years, and the Town wishes to do it, this is the plan the Committee thinks logical. He said all the Committee will come in for in January is the building and the site right around the building. Mr. Kent said the next thing the Committee should do is to bring in an estimated expense on three weekst notice before this Town Meeting. He explained that the Committee was present this evening only because the School Building Assistance Commission brought it to the Committeets attention. Mr. Kingston asked if there was any reason the Com- mittee had to bbtain approval from the Town to put this on the plan. Mr. Kent replied that where the Committee is in- volved with something that will in the future affect the control of the land, it did not feel it should take any steps without bringing the entire matter to the attention of the committees involved. Mr. Blaisdell said what is put on this plan now is the maximum and could always be cut down. Mr. Fisher said it would not be turned down now. He said the Committee suggested, on the Town property, leaving off the pool and tennis courts. He said he thought the maximum would be, in general, all of the Town property now considered the central playground and all the Town property in and adjacent to the dump to the rightof way= onto Middleby Road. The Chairman asked if it was the consensus of the groupthat was desired or just that of the Board of Selectmen. Mr. Richards said he thought it should be a vote of the Board to direct them to include the area. The Chairman asked if anyone present was opposed, and no opposition was expressed. Mr. Kent suggested that the actual plan be dis- cussed by four or five people and Mr. Carroll. Upon motion duly made and seconded, it was voted that the Standing School Building Committee be directed to include in the site plan for the future development c 1 of the playground, what is now under the jurisdiction of the Board of Selectmen and the land recently acquired by the Town; the present swimming pool and the present tennis courts to be specifically excluded. The group retired at 9:50 P.M. The Recreation Committee returned to the meeting and Mr. Kelly submitted what he termed to be an in- formal budget. Mr. Richards asked if the Committee was satisfied with the Director, his assistants and the number of instructors. Mr. Kelly replied that the Committee feels it is necessary to have a man of reasonably professional status on a part-time basis, and has not considered any such thing as a full-time man. He explained that the present Director has had some personal problems for the past two years which have limited the amount of time he"has devoted to the Town. However, the time he has spent, has been extremely helpful. The Chairman gave Mr.Kelly a copy of the Per- sonnel By -Law. The Committee retired at 10:20 P.M. The Chairman reported that Mr. Charles M. Evans was at the Selectmen's Office today and answered questions various individuals had pertaining to the new Personnel By -Law. He said the Fire Commissioners have asked Mr. Evans to attend a meeting with them next Monday night. The Chairman said he thought any such meeting should be made through the Board of any such meeting should be made through the Board of Selectmen. He said that if there was a Personnel Director, Mr. Evans would not have to be making any of these meetings, and reported that he is going to have to charge for them. Mr. Burnell said inasmuch as the Board does not have an Executive Assistant, he thought some arrange- ment should be made with Mr. Evans to have this By -Law given consideration completely and effectively. Mr. Richards questioned where the funds would come from to pay Mr. Evans. The meeting adjourned at 10:30 P.M. A true record, Attest: ee tiv eijk, Se1ec uen 59. 60 Transfer Article Drainage SELECTMEN'S MEETING December 10, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 10, 1962, at 7:30 P.M. Chairman Adams, Messrs. Richards, Cole, Brown and Burnellwere present. Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk_, were also present. The Chairman read a letter from Mr. Carroll re- questing a transfer of $2,000 to enable him to con- tinue ins1ling sewer services for the remainder of the year. Mr. Carroll reported that he had discussed the subject with Mr. Clarke, Chairman of the Appropri- ation Committee. The committee is not meeting this evening, but Mr. Clarke advised him that he would call the other members of the Board. Mr. Clarke asked if the situation was such that the people desiring services could not wait until after January first, and Mr. Carroll advised him that they definitely could wait if there was no frost in the ground. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $2,000 from the Reserve Fund to the Sewer Ser- vices Accouht. Mr. Carroll referred to relocation of a water main under the Grove Street bridge which he had previ- ously discussed with the Board and requested that an article be inserted in the warrant for the Special Town Meeting in January. He said he now thought this is an item that could be held over until the Annual Town Meeting in March. It was agreed not to include the item in the warrant for the January Meeting and to hold it over for the Annual Town Meeting. Mr. Carroll referred to Mrs. Adelaide M. Sullivan's letter of October 9, 1962 relative to connecting her property to the sanitary sewer in Barrymeade Drive. He said the problem is definitely one of drainage and not sewer, and that there is no drainage in Marrett Road. He said the only solution would be some type of connection to Barrymeade Drive but that would be a private drain. The Chairman said that situation would be of no concern to the Town. Mr. Carroll presented a plan of the relocation of Massachusetts Avenue going out to Marrett Road and suggested that the Board send a letter to the State asking if something can be done to make a better intersection which now appears to be a traffic hazard. The Chairman read a letter from Holtz, Sullivan & Zonderman, attorneys for Hilco Supply, Inc., with reference to Swwer Contract #3 dated August 3, 1961, requesting approval to a letter signed by B & R Con- struction Co. Inc. and A. Lucahetti & Son authoriz- ing direct payment of $6,600.75 for sewer pipe to Hilco Supply, Inc. Mr. Carroll stated that he will be putting through about $11,800 the twenty-first of this month. The correspondence was referred to Town Counsel for his recommendations. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole location on Spring Street; approval having been expressed by Mr. Carroll: Spring Street, westerly side, approximately 494 feet south of Cambridge -Concord Highway, -- One (1) pole. The Chairman read a letter from the Boston Edison Company and theNew England Telephone and Telegraph Company requesting leave to withdraw a joint petition dated September 13, 1962, for one guy wire and anchor on the southwesterly side of Burlington Street from a pole located sixty-three feet southeast of Blake Road Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a six inch welded steel gas main in East Street to serve house #239, subject to Mr. Carroll's approval of the installation. The Chairman read a letter from Porter & Desmond, requesting permission to move a building, now located at 39 Blossom Street to Wellington Lane Avenue. The Chairman referred the request to the Superintendent of Public Works. The Chairman read a letter from Mr. John Castoldi, together with plan, relative toconnecting lot 8A 61 Mass. Ave. relocation Sewer Contract #3 Pole location J/0 guy wire peti- tion withdrawn Gas main Permit 62, Middleby Road to the town drain. Mr. Richards said it appeared to him that an indi- vidual who builds a new house on a piece of property that is just being developed, the drainage situation could not be considered an emergency. He said it would seem that the builder would provide for drainage for his own property and in Mr. Castoldi's proposal, he is providing for drainage by utilizing the Town's facili- ties. He said if this creates a precedent, he was opposed. Upon motion duly made and seconded, it was voted to deny the request. Petition was received from residents of Concord Avenue and adjacent streets, requesting the Board to establish a 25 MPH speed limit on Concord Avenue; Traffic speed not to exceed 35 MPH in all other areas of the control road; speed:1 limits posted and enforced; traffic lights at the corners of Waltham Street and Concord Avenue, with Safety zone crosswalks marked. The petition was referred to the Traffic Study Committee. Minutes Budget Mr. Carroll retired at 8:10 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on December 3 and December 6. The Chairman read a letter from Mr. Irwin, Build- ing Inspector, requesting a transfer of $31.75 to his Out -of -State Travel budget. Mr. Richards said an overexpenditure of an ap- propriation for Out -of -State Travel did not constitute an emergency. Upon motion duly made and seconded, it was voted to deny Mr. Irwin's request for a transfer. Messrs. Cass, Connell and Rush, the Board of Assessors, and Mr. Cronin, Clerk, met with the Board. Mr. Cronin explained that, in submitting the budget for 1963, an item of $19,900 due Cole-Layer- Trumble Co. was omitted. This is the final payment and should be included. The Chairman stated that the Selectmen are con- cerned about the lateness of the real estate;' tax bills and said this cost the Town a considerable amount of .Real estate money. He said for two years there has been the bills question of vacations being taken during the busy period when bills are being prepared, and the Board thinks vacations should be deferred until after the work on tax bills is complL'ted. He said this subject was mentioned in 1960 and 1961. Mr. Cronin said the bills should go out June 1st. Mr. Cass said there is no reason why the bills should not go out on time next year and the department can be advised in advance that there will be no vacations until the bills are out. Mr. Cronin said if the assessing was completed in February, the posting could be done and the plates ready by March. Mr. Richards asked if a sufficient number of people were trained to operate the machines and Mr. Cronin re- plied that all the employees in the office are trained to work on the machines and have done very well. The Chairman asked about the farms that were not lotted and said the assessment on these was increased very substantially. Mr. Cronin replied that the Board has met with the farmers and intends to establish a policy to cover these. Mr. Cole inquired about the number of appli- cations fcr abatements, and Mr. Cronin explained that approximately 800 applications have been given out and only one half returned. In other years, there were usually 400 or 500 applications. Mr. Cass said the Board hopes to dispose of the majority of them in the office because most of them are minor issues. The Chairman said the Board should have some indi- cation of legal fees involved in cases to go before the Appellate Tax Board. Mr. Cass said they wont come up until 1964 but expense will be incurred in filing answers, correspondence and appraisals. He stated that Cole-Layer-Trumble will be available as appraisers. Mr. Richards said the Town Counsel should confer with the Board of Assessors before submitting his budget. Mr. Cass explained that each Assessor:; is taking a group of properties and then the entire Board wilidis- cuss them. If it is necessary on anyone of them, two of the Assessors willvvisit the property. Mr. Cole asked if the Board of Assessors would be better off with a larger Board. Mr. Cass replied that he hati not thought much about it, but could use more help. Mr. Rush said he was new on the Board, but from what he has heard, it W11 be a real task this winter, but if it Valls back into the normal routine, he did not see any reason why a three-man Board could not continue. 64 The Chairman said there has been a five -man Board at one time and as far as he knew, it worked out very well. Mr. Brown asked if there had been a repercussion resulting from churches on assessing parsonages, and Mr. Cronin replied in the affirmative. He said the Board is seeing representatives. Mr. Connell said this was a legislative proposition. The Board of Assessors retired at 8:55 P.M. The Board of Health met with the Selectmen. Mr. McQuillan said the Board waisted to disnuss the classification of the Health Officer and said the Board could not possibly hire a man at the present starting salary. Mr. Richards explained that Mr. Evans considered nineteen or twenty communities and used a figure for the maximum which is 10% or 11% above the mean of all these communities and a minimum of 16% above the mean minimum. He said the proposed minimum and proposed maximum are much higher. Mr. West said unless the Board has a real pro- fessional qualified person, he, as a member of the Board, could not do his job. He said the man should have a col_ege degree, a Master's degree in public health and better than five years' experience. He said he thought the classification should be somewhat higher. He said the statement that the Health Officer works under the direct supervision of the Board of Health is incorrect, as he pretty muc ,t directs and executes the main business of the Board of Health. He said the fact that he supervises only two or three people is not germane in this position. The Chairman said the Board of Health was not ob- jecting so much to the salary as to the classification, and Mr. West said that was correct. He said the starting salary is low. Mr. West said the Board could have hired any number of people for $5,000, people who think they are Health Officers. Mr. Richards said that he thought perhaps the job description should be changed. Mr. McQuillan said the maximum should be $7900. Mr. West said he wanted a correct job description and it would not be possible to hire a man with a degree for the money recommended. The Chairman suggested that the Board of Health write up their own job description. I r The Chairman read a letter from the Board of Health requesiing a transfer of $280.65 to the Personal Services Account, the account having been overdrawn due to extra clerical help to type record cards for the Polio Clinic. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $280;:65 from the Reserve Fund to the Board of Heath Personal Services Account. The Board of Health retired at 10:10 P.M. Further consideration was given to Mr.David Washburn's claim for damages in connection with land taken for Worthen Road. Claim Mr. Richards advised that for an item of this nature, it would be impractical to engage an appraiser. Upon motion duly made and seconded, it was voted to offer Mr. Washburn $100, the maximurp., in full settle- ment of his claim for damages. Request for a transfer of $54.90 to the Personal Services Account in the Cemetery Department was refer- Transfer red to the Appropriation Committee. The Chairman read a letter from Brewer & Lord relative to distribution of commission on the Town's fire insurance schedule. Upon motion duly made and seconded, it was voted to authorize distribution of the commission according to the schedule submitted. Mr. Brown and Mr. Cole abstained from voting. Upon motion duly made and seconded, it was voted to establish the sum of $86,000 as the amount not less than which the 1963 bond for the Treasurer shall be Bonds written; $108,600 as the amount not less than which the 1963 bond for the Collector shall be written, and $1,800 as the amount not less than which the 1963 bond for the Clerk shall be written. Upon motion duly made and seconded, it was voted to appoint individuals listed in a letter from Mr. Arthur Burrell dated December 3, 1962 as members of the Civil Defense organization. Mr. Legro arrived at the meeting at 10:45 P.M. Upon motion duly made and seconded, it was voted to call a Special Town Meeting to be held on Monday, January 28, 1963= at 8:00 P.M. Insurance Appointments 66 (Special Upon motion duly made and seconded, it was voted Town Meeting that the warrant for the Special Town Meeting be closed. Mr. Burnell retired at 10:55 P.M. Central Block Licenses Order of Taking Further consideration was given to the subject of the Central Block discussed with Murray Dearborn of Leeland RL,alty Co. on November 26. Mr. Richards said he could not see how the Town could pay more or commit itself to pay more than the fair market value, and he could not see how the Town could inject itself until it is known exactly what is to be done with the building. No action was taken. Mr. Cole reported that Mrs. Edith Sloane would like to run a tape of a boys' choir at the Creche on the Common Christmas eve. The Board had no objection. Upon motion duly made and seconded, it to grant the following licenses: Howard D. Johnson Co. Pine Meadows Country Club Margaret W. Heywood Lexington Inn Restaurant Village 'Variety Store Baker Avenue Variety Baker Avenue Variety 1775 House Gerald McLaughlin Peter J. Colpitts Richard D. Kachadoorian Upon motion duly made and to deny application for a Taxi ceived from Peter J. Colpitts. was voted Common Victualler n n tt t1 ti tt 11 tt it n Sunday Sales Common Victualler Taxi Driver tt tt it 11 seconded it was voted Driver's license re - Upon motion duly mdde and seconded, it was voted to adopt an Order of Taking of Lot 8-A, Grove Street, owned by James J. Murphy and Bertha J. Murphy, in the following form: - COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN. OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 10th day of Decmeber, 1962, it is ORDERED; -Whereas by vote duly adopted by a Town Meeting duly called, warned and held on the 5th day of March, 1962, 1 67 namely at an adjourned session thereof duly held on March 19, 1962, the Planning Board was authorized to obtain options for land or rights therein for future streets or fob' playground and recreational purposes and theSelectmen were authorized on behalf of the Town of Lexington to purchase, take by eminent domain or otherwise acquire for such purposes such lands or rights therein as are or may be included in options obtained by the Planning Board, and an appropriation was made therefor; and whereas the Planning Board has acquired an option for the land hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the Acts of 1926, and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof andin addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for playground and recreational purposes a certain parcel of land on the Southwesterly side of Grove Street in said Lexington shown as Lot 8-A on a plan entitled "Plan of Land in Lexington Mass.", dated April 18, 1952, drawn by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, recorded with Middlesex South District Deeds in Book 7898, Page 161, bounded and described as follows: NORTHEASTERLY By Grove Street by two lines together measuring 304.80 feet, more or less; SOUTHEASTERLY by Lot 7-B on said plan, 174 feet, more or less; EASTERLY by said Lot 7-B, 27.00 feet, more or less; SOUTHERLY by land now or formerly of Dennis J. and Annie J. Kelley, as shown on said plan, by four lines together measuring 544.03 feet, according to said plan; WESTERLY by the center of a ditch and land now or formerly of W. J. Baskin and F. M. Baskinf; as shown on said plan 515 feet, more or less, and NORTHERLY by the center of a brook shown on said plan, 342 feet, more or less; +8 Containing, according to said plan, five (5) acres, more or less. Said land is taken with the benefit of all rights and easements now appurtenant thereto. All trees upon said land and buildings and structures affixed thereto are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: James J. Murphy, the sum of One Dollar Bertha J. Murphy, the sum of One Dollar In so awarding damages we have awarded them to the sup- posed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners. unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are now to be assessed for the improvements for which this taking is made. WITNESS our hands and seals in said Lexington, the day and year first above written. TOWN OF LEXINGTON By /s/ Alan G. Adams Lincoln P. Cole, Jr. Otis S. Brown, Jr. Norman J. Richards Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. December 10, 1962 Then personally appeardd the above named Alan G. Adams, Otis S. Brown, Jr., Lindoln E.:_Bele, Jr. and Norman J. Richards, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Torn of Lexington, and acknowledged the foregoing instrument to be their free act and deed, before me, Donald E. Legro Notary Public My commission expires 6 The meeting adjourned at 11:20 P.M. A true record, Attest: 70 SELECTMEN'S MEETING December 17, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 17, 1962, at 7:30 P.M. Chairman Adams, Messrs. Richards, Cole, Burnell and Brown were present. Mr.Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro referred to an offer made by Bingham, Dana & Gould, attorneys for the Globe Newspaper Company, He stated that he thought the $200 offered by the Board is lower than what they will settle for. The Chairman said the Town may become involved in a suit on this and it would mean having an appraisal made. Mr. Legro said the land is wet and totally inac- cessible. He reported that Mr. Travers, from whom the Town took lots 50-56, Block L16 Ward Street, has made an offer through his attorney, Daniel Lynch, of $750 which is something over $100 a lot. In his opinion this land is a little better than the Biobe Newspaper land. He stated that, in his opinion, the Globe Newspaper does not have any evidence of a bona fide offer of $1200. He recommended offering $100 Refuse site a lot on each group. lots Upon motion duly made and seconded, it was voted not to make any change in the original offer to the Globe Newspaper Company of $50 per lot. Upon motion duly made and seconded, it was voted not to make anychange in the original offer to Henry J. Travers of 50 per lot. Mr. Legro referred to the matter of Silvio Ponte selling Christmas trees at 11$ Lowell Street and re- ported that he had applied for a Board of Appeals' permit. There was a hearing and he was so notified. Within a day before or a day after, he received some $900 worth of trees, according to the report. An attorney from Waltham called the Board of Appeals and asked about it. Mr. Legro said he received a call on Friday from Mr. Pellegrini who was quite upset. Mr. Legro reported that he told him if Mr. Ponte sold the trees, it would be a violation and the Town would enforce it. They did start selling Saturday and Sun- day, and Mr. Legro prepared a bill of complaint. He it it is unlikely that the Court would issue a restraining order. The Chairman said, as far as he was concerned, this is a matter of principle and the Board would have to go through with it. Letter from Holtz,Sullivan & Zonderman, with refer- ence to the balance of monies due B & R Construction Co., Inca and Albert E. Lucchetti, on Sewer Contract No. 3 of 1961, was held over. Sewer Mr. Legro advised that the Town should not become Contract involved. Upon motion duly made and seconded, the request was denied. #3 The Chairman read a letter from William L. Barnes, M.D. and Bertha L. Barnes requesting the Board to make an offer in settlement of damages for taking lots 9-12, Refuse site inclusive, block 77 Valley Road for a dump site. lots Upon motion duly made and seconded, it was voted to authorize Mr. Legro to make an offer of $50 per lot. Letter was received from Mr. Snow, Planning Director, with reference to T. H. Reenstierna's appraisals for Moreland Avenue School sites. Upon motion duly made and seconded, it was voted to take the land by eminent domain as outlined in Mr. Snow's letter. Mr. Legro reported that Mr. Stevens called him today and stated he has numerous items to complete and does not anticipate that he will be able to finish by the end of the year. He will continue beyohd the end of the year if it is agreeable to the Board and desir- able to him, Mr. Legro. He said the volume of the work is such that he thought there was no other choice, as since he took over the duties of Town Counsel in Septem- ber, the hours devoted to Town work have been steadily increasing. He said it is very difficult to know where to draw the line between retainer and special fees. The Chairman said the subject should be considered very carefully by the Board and asked the Clerk to put it on the agenda for the next meeting. Upon motion duly made and seconded, it was voted to hold the next regular meeting of the Board on Thursday, December 27, 1962, at 7:30 P.M. Mr. Charles Cole, architect, met with the Board, and said he wanted to speak about thepossibility here School sites Moreland Ave. Town Counsel Meeting Cz; in Lexington of a very high-class project which in- volves a change in zoning. He has an interest in the project as an architect, and said it would be high-level apartemnts. The land in question is in the area now zoned for residences, 15,000 foot lots bordering on Worthen Road between the Boudreau land and the Catholic church parking lot. The land is owned by Mrs. Whalen, approximately four and a half acres. He stated that the type of development would be Georgian Colonial and would run over a $1,000,000 worth of development cost and would return a sizable income in taxes. He said he wanted the Board's reaction, and said that Mrs. Whalen has not agreedto sell but has shown interest. The Chairman said the Board would discuss the subject a little later in the evening. Mr. Cole retired at 8:30 P.M. The Board had no objection to the proposed change in zoning. Letter was received from Carmine N. Ciriello, 4 Stedman Road, requesting relocation of two utility poles. Mr. Carroll explained that this is a private Utility matter. poles It was agreed to advise Mr. Ciriello that due to the fact Stedman Road is a private way, he will have to take the matter up with the utility company as it is not one in which the Town can become involved. The Clerk reported that a Mr. Ames, member of the Grace Chapel, called to inquire about street lights. for Worthen Road. Mr. Carroll said there are no lights between Massachusetts Avenue and Bedford Street, but there are poles to service the Grace Chapel. He said the question becomes one of shall the Town put in 1,000 lumen lights or think of the overall problem. He asked if the Board wanted to consider the lighting from Bedford Street to Massachusetts Avenue, which he said would be expensive. He said the Boston Edison Company would make recommendations, but there will still be an excessive annual cost of about $1,000 a year to light the road, reducing the estimate by half. It was agreed to have Mr. Carroll obtain a recom- mendation from the Boston Edison Company. The Chairman rad a letter from Mr. Sanborn Brown, Chairman of the School Department, with reference to insurance coverage for burglary and/or theft for school buildings. Mr. Brown volunteered to investigate the subject and discuss it with Mr. Carroll. Mr. Carroll retired at 8:14$ P.M. Mr. Carl Blake and Dr. Melvin Rosenthal, Mystic Valley Mental Health Association, Inc., met with the Board. Mr. Richards referred to the letter to the School Committee, requesting funds, dated November 29, 1962, and said no indication was made as to how much money was received from Lexington residents. Mystic Vallq Mr. Blake said he had the clinic as a whole, which Mental Heal$i was about $5,000, and he thought one could say about $2,000 would have come from Lexington people. The Chairman asked if the clinic was public, and Mr. Blake replied that there are no limitations imposed except in staffing and staff time. He said it was not strictly a school function. Mr. Richards asked how this was paid for now, and Mr. Blake replied that it is not paid for. It can be a telephone call from a teacher or a meeting or could be tied in with a member of the Clergy. Mr. Richards said the figure for school consult- ations does not then mean schools. Dr. Rosenthal said that is the number of hours given to the school administrators, teachers and having to do with school children problems. Mr. Richards asked how this was paid for. Dr. Rosenthal said the clinic supports itself. The staff is paid out of funds from the Commonwealth. He said the United Find has indicated that it will no longer contribute. The Chairman said this is a very late date for new additions to the budget, and asked if the other four towns have included this in their budgets. Dr. Blake replied in the affirmative, and ex- plained that some of them will have it in the School budget, some in the Board of Health budget, and some by putting an article in the warrant. Mr. Richards asked where additional funds would come from assuming all towns contribute, and Mr. Blake said it was assumed that the Massachusetts Mental Health Association would help. Mr. Richards asked if there was any possibility of getting help from the United Fund, and Mr. Blake replied they would not like to see it discontinued. Mr. Richards asked if the $12,000 would be used for expenses and overhead. Mr. Blake replied it would be administrative and clerical. 74 Mr. Richards asked how the money would be paid to the Clinic if included in the school budget. Mr. Blake replied he assumed it would be paid at the beginning of the year. Mr. Richards asked how they would be paid if the Board of Health administered the funds, and Mr. Blake replied it would be the same way. Mr. Richards asked who checked the books, and Dr. Rosenthal replied that they have a C.P.A. Mr. Richards asked to wnom the clinic would report, and Dr. Rosenthal replied they would have to have a system acceptable to the Town. He said there is no established formula and the clinic found that, exclusive of salaries, it costs about $2.00 a visit. The Chairman asked if the clinic was looking for this at the Annual Town Meeting, and Mr. Blake replied in the affirmative. Dr. Rosenthal said in Arlington he has been assured there are sufficient funds in the budget should the other towns go along. In Bedford, they are working on appropri- ating a sum of money in the School budget. In Winchester, the Board of Health suggested they would like to have the Appropriation Committee think it over, and recommended that it be a special article. Mr. Richards asked what would happen if one of the towns does not approve an appropriation. Dr. Rosenthal replied that there has been some talk about curtailing services to these towns. Mr. Richards asked what would happen if more than one town did not contribute, and Dr. Rosenthal replied that the clinic would close. The Chairman said the Board would take the subject under advisement and discuss it with the Board of Health. He said Mr. Blake would hear from the Board. Messrs. Blake and Rosenthal retired at 9:11 P.M. Mr. John MacNeil, Chairman, and four other members of the Lexington Association of Independent Insurance Agents, met with the Board. Mr. MacNeil stated that they would like the op - Insurance portunity of reviewing all the Town's insurance and report hack at a later date their recommendations. He said they would secure the best engineering, plus a lot of other things for thebenefit of the Town, if, at a later date, the Selectmen choose to allow them to handle the Town's insurance. The Chairman asked how many members there were in the association and Mr. MacNeil replied nine. Mr. MacNeil said they would recommend what they think would be of advantage to the Town on a continuing basis and keep the Town's program as up to date as possible. Cmo 1 1 75 The Chairman said the Board would take the matter under consideration and let Mr. MacNeil know its decision. The group retired at 9:17 P.M. Upon motion duly made and seconded, it was voted that it would be permissible for the association to re- view the existing insurance program of the Town. The Chairman suggested that Mr. Converse Hill of Brewer & Lord be advised. A group of retidents in the Concord Avenue area met with the Board in regard to traffic control. Mr. Richard Corazzini, 253 Concord Avenue, said Traffic the group feels that the road is poorly taken care of control by signs, and that 35 mile an hour speed limit does not mean much to most drivers. He stated that in the last two weeks there have been two accidents; two cars and a child hit. He said he felt the road should be patrolled more closely and that the speed limit should be reduced to 25 miles an hour, traffic lights instal- led at Concord Avenue and Waltham Street and safety crosswalks marked off. The Chairman explained that traffic signals are under State regulation and so are speed zones. He asked if the group felt the major problem was enforce- ment. Mr. Corazzini said they would like a survey made if it has to be and have the police out with radar two or three times a week. Mrs. Elizabeth Flynn, 310 Concord Avenue, said the traffic has increased and when this petition went out, the general feeling was that something had to be done before something terrible happened. She said the cars travel 40 or 50 wiles an hour, pass the school bus, and pass each other. She said they thought traffic lights might be a control. Mr. Raymond Flynn, 310 Concord Avenue, said he did not think anyone expected to have a police officer on duty continually. He said they were asking for proper signs,.a stop light, and anything that will stop the children from being hit. Mrs. Kramp, 149 Concord Avenue, said one ofthe concerns is the fact of snow when children will have to walk in the road. She said a stop sign at Pleasant Street, Waltham Street and Blossom Street might help. Mr. Carroll explained that the speed zone signs there now are not legal signs and the Chief of Police could not take anyone into court. He stated the only way to make a speed sign legal is to have e,.tensive surveys made and the posted speed must represent the 76 speed that is at least 85% of the people traveling the road. He explained that the Selectmen cannot arbi- trarily decide on the speed limit. The Chairman reported that the Chief of Police is now in the process of having a survey made. Mr. Burnell said the Chief has also assured him that he will have Concord Avenue patrolled. He ex- plained that the department does not have enough of- ficers to assign a car to Concord Avenue entirely. He assured the group that there will be police officers checking mornings and evenings. He stated that he uses Concord Avenue, and has used it for some twenty years, so he is familiar with the situation. He said the Board is concerned about the situation, is working on it and will put in operation many of the things the people are asking for. Mrs. Flynn asked if traffic lights would be in- stalled, and Mr. Burnell replied that he hoped they would be. Mr. Eisenberg, 1.70 Concord Avenue, asked if the Board was going to petition for a traffic light. Mr. Burnell replied it is under study, and that traffic lights would be a great help. The Chairman explained that there is going to be a relocation of Waltham Street which willchange the situation and he thought the State would hold off until after that construction which he understood would start next summsr. The group retired at 9:45 P.M. Mr. Homer J. Hagedorn, Chairman ::executive Board Town Meeting Members Association, met with the Board. The Chairman read a letter from Mr. Hagddorn ad- vising that the association voted to ask the Board to include an article on tax exemptions in the warrant for the Special Town Meeting scheduled for January 28, Article 1963. The Association would like the Town Meeting to have the opportunity to ask the Selectmen to memorialize the General Court so that the General Laws could be so amended that in those: towns and cities where valuation is currently on a fair and full cash level, higher exemptions would be allowed qualified applications. The Association also voted to ask the Board to insert in the warrant for the Special Town Meeting Article an article ordering the publication of the assessment rolls of the Town in booklet form and appropriate the necessary funds. 1 Mr. Richards asked how much the booklet would cost, sn d Mr.Hagedorn replied the estimate the associ- ation came up with was about $4,000 or $5,000. Mr. Richards said, in other words, the vote would have to carry an appropriation of $5,000 and Mr. Hagedorn said it would be something like that. The Chairman read a letter from hrs. Hagedorn re- questing that the General By -Laws, Article XXII, rela- tive to the removal of snow and ice, be amended so that the area to which it applies would be enlarged to include the neighborhood shopping districts in the C-1 zones of the Town. Mr. Hagedorn and Mr. Carroll retired at 10:15 P.M. Mr. Harvey Newgent, real estate bperator, 27 Depot, Square, met with the board. Mr. Newgent stated that he has been working on a program for quite a while. It means money to him and to many people. He said he feels at the moment that he has a program where he is doing business with the Town. The idea involves the Central Block. He said Central he feels it is important to the Town to control the Block block. There is a price on the block and it is for sale. Mr. Newgent has a party who would give the block to the Town. In that way, the Town will own it and Mr. Newgent would like something in return. He said "A" would purchase theroperty and give the Central Block to the Town. The Town will then give to "A" 9.6 acres of land which happens to be the Town barn. The Town will need a place to move its Town barn to. He said he could bring in about $1,000,000 in assessments on the Town barn which means $40,000 income. He said the Town will have $40,000 a year income on a place zoned for C-1 where he could put in a shopping center. He said out of that money, the Town can make arrangements to enter into a contract to buy another tract of land, for example, the J. C. Mangy building. In the meantime, the Town will take down the Central Block and his original purchaser will now agree to buy back the block for $120:000. The Town will have $120,000 to put towards new Town barns or to purchase the Hunt Block, He said $120,000 would not purchase the Hunt Block. His buyer will pay the difference and buy the Hunt Block. Mr. Newgent presented a plan he had prepared for the possible development of the Central Block, Depot Square and Hunt Block. He said the end result is that everyone makes money and the center of the Town can be controlled by redevelop- ment. He requested the Board to present to the January 77 Article 78 .Licenses Town Meeting #1. Sell 9.6 acres to his buyer in return for the Central Block; #2 Accept the Central Block as a gift and then authorize an architectural firm to study the depot square area; #3 After plans are made, in turn, sell back the Central Block to his buyer. He requested that the Board do business with him and he said he ex- pected that the Board would work through him. He said he would want to have this presented to the Special Town Meeting. Messrs. Burnell, Legro and Newgent retired at 10:45 P.M. Letter from the Board of Health pertaining to job description of the Executive Health Officer was referred to Mr. Evans. Appointments were held over until the next meeting of the Board. Upon motion duly made and seconded, it was voted to grant the following licenses: Wild Acre Inn Common Victualler Countryside Fish & Chips n it Concord Hill Market tt ft Concord Hill Market " " Geoffroy's Pharmacy n n Five Forks Service Center « " Brewster's Inc. n n Wild Acre Inn Innholder Lexington Motor Inn, Inc. " Taxi, Drivers: George Blaisdell, William Imlach, Louis Salk, Irene Rivais, William Callahan, Robert Ross, Paul Rivais Upon motion duly made and seconded,it was voted ('',Permit to grant permission to the Lexington Lions Club to hold a Clown Show in Cary Memorial Hall on Sunday, February 10, 1963. The meeting adjourned at 11:10_P.M. A true record, Attest: ,Eiec tiv ' Cler i, Select n 79 SELECTMEN'S MEETING December 22, 1962 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morning, December 22, 1962, at 10:00 A.M. Chairman Adams, Messrs. Cole, Richards, Burnell and Brown were present. Mr. Stevens, Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. The meeting was called to discuss the question raised by the Air Force relative to the water rate increase. Mr. Stevens reviewed the background pertaining to the contract signed by the Air Force and referred to the meeting held December 18, 1962 with Colonel Gowan and Mr. Mallen, and advised the Board that this matter should be handled legally. He also reported on the meeting he and Mr. Carroll had at the Air Base on December 19, 1962. Mr. Stevens advised the Board to adhere to the contract and not to make any compromise. He sug- gested that if the Town submits a bill for water and payment is made not including the 13 rate, the Board should make Congressman Morse aware of the situation. He also advised the Board to contact Senator Saltenstall and Senator. Kennedy so that they will be in a position to cooperate. He stated that he had reported the situ- ation to Harold Toole, M.D.C., who feels the Town is absolutely sound. The Chairman reported he had received a call from General Terhune and he told him the Board would discuss the subject with Town Counsel. Mr. Richards said that no member of the Board should discuss the subject with any intereted parties except what has been called for by way of an additional meeting. Mr. Stevens advised that if the Chairman is carry. ing on with General Terhune, he could be informed that the Board has met, he has reported, Mr. Stevens and Mr. Carroll also reported to the Board, and the Board is unanimously outraged at this attitude. He also advised that the Chairman should ask General Terhune what the answer is and saythe Board would like to know the posi- tion of the Air orce just as soon as possible. The Board wants to make sure, before it does anything further, what the attitude of the Air Force is on this installation. 80 The Chairman asked if he should make any suggestions or let General Terhune have a top-level meeting on a local basis. Mr. Richards said he would not, under any circum- stances, set up a summit meeting until such time as the Board positively knows what the Air Force's position is. He said the Board is aware of the contraot and has only informal information. If the Air Face intends to breach, the Board would like to know as soon as possible. The Chairman said General Terhune is being pressured by someone above him. Mr. Stevens explained that he came in after the con- tract was signed. The Chairman asked what he should say, and Mr. Richards advised that he would not schedule a meeting on top level. He said the Air Force should give the Board some definite information as to what its position is going to be, and this business of informal complaining is of no import. Mr. Stevens said the Board's position should be that it is following the contract the way it was written, and if the Air Force is not going to follow it, the Board wants to know. Mr. Richards said the Board feels it is bound by the contract. Mr. Stevens said nothing can be done until the Board has a statement as tothe Air Force's position. He advised that if General Terhune suggests a meeting, the Chairman should take it up with the Board. The Board saw no reason for Mr. Carroll's continu- ing_;; any discussion with representatives of the Air Force. The mee ting adjourned at 11:45 A.M. A true record, Attest: SELECTMEN'S MEETING December 27, 1962 A regular meeting of the board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thnrsday, December 27, 1962, at 7:30 P.M. Chairman Adams, Messrs. Burnell, Brown, Richards and Cole were present. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro referred to the Minuteman Research Park and reported that they had in Section I a turnaround which has been eliminated by Section II. The Planning Board has been agreeable to eliminating that portion of the turnaround outside the parallel lines of Forbes Road, but the Town still has the easement. He asked if the Board had any objection to including an article in the warrant to abandon that portion. He explained that it is obvious the Town does not need it, and this is a routine matter. Upon motion duly made and seconded, it was voted to include an article in the Warrant for the Special Town Meeting to be held on January 28, 1963 to abandon that portion of the easent no longer needed by the Town. Mr. Legro referred to a transfer of funds to the Law Department budget and stated that, eliminating Saturdays, Sundays, etc., of which he kept no record, in the personal services area he has 266* hours. The portion of the -salary for him from September 1 to Decem- ber 31 is $1,333.33 which is substantially under $5.00 an hour. He said on other things, which are in liti- gation, he has another 263 hours, and the balance re- maining on the Special Counsel fees is $666.67 which would be about $2.50 an hour. He explained the reason this amount is small is because Mr. Stevens' portion was based on 2/3 of the year. His $1,000 for the finishing up work came out of the remaining $1,667 so that. leaves $667 for Special Fees for 1/3 of the year. The Chairman asked how much Mr. Legro wanted, and he replied that the Board would not have to do any- thing about the retainer as it is the Special Fees' Account that is short. He said it is what the Board thinks time is worth per hour and there are 266 hours. He said he was suggesting $1,000 be transferred, to- gether with the "667 which would be $1,667. 8J Article to ab an don easement 82 The Chairman asked if this was the total amount he was asking for as a transfer and Mr. Legro replied in the affirmative. Later in the evening, it was voted to request the Appropriation Committee to transfer the sum of $1,000 from the Reserve Fund to the Law Department - Special Fees Account. The Chairman read a letter from Albert T. Pitt, 2361 Massachusetts Avenue, claiming damages to his car in the amount of $30 as a result of a collision involving a town car driven by James E. Collins, Welfare Agent. Mr. Legro reported that he had received a copy of Mr. Collins' report today. The letter wa3 referred to Mr. Legro who is to request a written estimate of the damage to Mr. Accident Pitt's car. claim 1 It was agreed to send a letter to department heads to the effect that all accidents involving any town equipment are to be reported to Town Counsel immediately. Dump site lots The Chairman read a letter from Dr. William L. Barnes, stating he would be interested in exchanging adjacent land to his Lot B1 on Bedford Street for the takin6 of Lots 9 through 12, Block 77. Dr. Barnes stated that the Board's offer of $200 is not adequate. Mr. Legro presented a plan and indicated the lots involved. The Board could see no benefit to the Town in the offer submitted by Dr. Barnes and upon motion duly made and seconded, it was voted to advise him that the Town is not interested in making an ex- change of the lots. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating or voting on a matter which, if made public, might adversely affect the public Executive security, the financial interest of the Town, or the session reputation of any person. Following a discussion with Mr. Lester Olsen, State Department of Public Works, and ..'after Mr. Olsen retired, it was voted to resume the open meeting.. Mr. James A. Carrig, owner of Lot 22 Lawrence Lane, met with the Board. The Chairman read a letter from: Mr. Carrig advising that he is moving a house onto Lot 22 Lawrence Lane and would like permission to connect to the storm drain as shown in the street. Mr. Richards asked what assurance the Town would have if in putting utilities into the street the drain is severed and what responsibility the Town would have to maintain the drain. Mr. Carrig said it would be to his advantage to keep it going because he really needs the drain. He said it would be a six-inch drain in the street and four -inch coming out of the house, and it would be three or four feet. down. Mr. Carroll reported that there is a very serious water condition at this particular corner. The water is two or three inches deep and it is coming off that lot and the lot on the other side of the street. He explained that he had planned to run a drain from the catch basin across the street and run it up the north side of the road as far as he had to. The Chairman asked at whose expense the connection would be made, and Mr. Carrig replied that it would be entirely at his expense. Mr.Carroll said the side hill drain should defi- nitely be put in, and Mr. Carrig's drain would not keep the water from the street. The Chairman asked if the drain would tend to help the Town, and Mr. Carrell replied thatit would be no real help. Mr. Richards asked what would happen if the drain was severed by work of the Town in the street or work of utility companies, sucht:as the gas company, or whoever it might be, and was not replaced and water backed up. He asked if there would be a claim against the Town, and Mr. Carrig replied in the negative. Mr. Legro said there could be a claim. Mr. Carrig said he wanted to put the drain in to protect the house. He stated that his son is going to occupy the house and he was sure the cellar would not be dry unless the drain is there.. He said he would ex- pect to kkep it in proper working order, whatever that might require. He said this is one of the lots Mr. Lurvey refused to issue a permit for until the sani- tary sewer was installed. He said this water condition is something recent. The Chairman said the Board would take the matter under advisement and let Mr. Carrig know its decision. Mr. Carrig retired at 8:35 P.M. Mr. Carroll said he would prefer to have Mr. Carrig tie into the drain the Town puts in along the side, which he hopes to have installed this year. Mr. Richards expressed concern about granting an individual a permit tocpen a public street to install a Request to connect to storm drain 84 Permit private drain, and no record being kept. He said there should be something at the Registry of Deeds or some kind of a record. He asked if a utility company breaks the drain and Mr. Carrig decides he wants to open the street, who would open the street. Would it be a private contractor? He said if a private contractor digs up the street and it sinks in, there would be a hole in the street and the Board would receive complaints which he thought was a serious situation. He said private drainage systems in a public street is something foreign to anything the Board has done. Mr. Burnell asked if there was any way the Town could protect itself legally. Mr. Carroll reported that he instructed Mr. Higgins to go to the cities and towns and ask them exactly what they do in regard to these problems. The Chairman said the By -Law was changed for a hardship case and the Board should consider this very carefully or numerous requests would be presented. Mr. Cole moved that Mr. Carrig be notified that the Town plans to put in a drain in that area in the near future, at which time, he would be permitted to connect. The motion was not seconded, and therefore, lost. Mr. Burnell said it is not the Board's responsi- bility todrainwet land and he thought to be consist- ent, the Board would have to reject this. Mr.Richards said he did not believe it proper to have citizens tie into public drains without super- vision, and he did not think the Board should permit people to tie in, unless the situation is different from what he has seen this evening. Upon motion duly made and seconded, it was voted to deny Mr. Carrigts request. Request for a permit to move a building from 39 Blossom Street to Wellington Lane Avenue, received from Porter & Desmond, was held over. Mr. Carroll reported that he and the Chief went over the route and the only point he wanted to make was that the house is being relocated in an undesirable area. Mr. Legro explained that a permit would have to be obtained to place the building, but the Board could grant a permit to move the building over town streets. Upon motion duly made and seconded, it was voted to grant Porter & Desmond permission to move a house lo- cated at 39 Blossom Street onto Route 2 to a private way opposite Lawn Avenue to Wellington Lane Avenue, subject to the following conditions: 1 1. Bond of $5,000. 2. Contact Chief John W. Rycroft of the Police De- partment to arrange for the day and time of moving. 3. Contact Mr. John W. Carroll, Superintendent of Public +orks and Mr. Paul Mazerall, Tree Warden. Mr. Carroll referred to a contract to supply water to the Bedford Veterans' Hospital and stated that the Town can pass along any increase the MDC has made to the Town. He asked if he or the Board would write a letter relative to the increase. It was agreed that Mr.Carroll would give Town Counsel a copy of the contract. Mr. Carroll referred to the Moreland Avenue school site and submitted a plan th_t accompanied a recent letter from Mr. Snow. He also presented a !}O' scale plan and asked if the westerly line of Worthen Road should be established at this time. He said he felt a survey,which would be time consuming was unneeessary and the Town should take all of Lot 318 and everything east of it on the north side of Moreland Avenue and on the south, take all of Lot 175 and try to make sure the Town has sufficient room to locate the road in the future. He mentioned that the article gives the Board authority to take all of the property and said that Mr. Snow believes the land on the west side of Worthen Road is worthless for school and recreational purposes. The Chairman said he thought Mr. Snow was right and another lot or two would not make much difference. Upon motion duly made and seconded, it was voted to take Lot 318 and everything east of it and Lot 176 and everything east of it. 85 Contract Mr. Carroll said the Town has an easement in Clematis Brook from Route 2 up to Moreland Avenue. He traced the brook;;on a map and explained the proposed location of the sewer. He said it would be advisable for the Town to take a drainage easement at the same Drainage time and he thought the Town should try to get Mr. easement Swenson to grant the Town an additional twenty or (Swenson) thirty feet. The Board agreed, and authorized Mr. Carroll to contact Mr. Swenson. 86 Article Minu#tes Meeting Appointments Assessors' bills Letter from the School Committee re burglary and/or theft insurance was held over. The Chairman read a letter from Mr. Carroll, and Mr. Spiris relative to oil consumption and bidding. Mr. Carroll is to continue to pursue the subject. Messrs. Legro and Carroll retired at 9:45 P.M. The Chairman read a letter from Mr. Donald P. Noyes, President of the Lexington Historical Society, suggesting that the Board insert an article in the warrant for the March Town Meeting calling for a study committee to look into the matter of adding to or en- larging the Historic District. It was agreed to advise Mr. Noyes that an article will be inserted in the warrant for the Special Town Meeting to be held January 28, 1963. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held December 17. Upon motion to hold the next January 2, 1963, duly made and seconded...,it was regular meeting of theboard on at 7:30 P.M. Appointments to of Appeals were held Upon motion duly to make the following Districts Commission voted Wednesday the Board of Assessors and Board over. made and seconded, it was voted appointments to the Historic Charles H. Cole, to replace Edwin B. Worthen, Jr. for a term expiring January 1, 1968; Ruth Bevan to replace Cyrus Wood for an unexpired term ending January 1, 1965. The Chairman read a letter from Mr. James J. Carroll, Town Treasurer, with refernce to four bills from the As- sessors' Department that were on Warrant #191 of December 24,1962. It was agreed to authorize Mr. Carroll to make pay- ment on the amounts on the warrant. Report was received from Harvey Newgent relative to changing Lexington Center. The Clerk was instructed to send copies of the report to the members of the Board. The Chairman read a letter from Mr. Arthur Burrell, listing matters that need attention by the Board. Upon motion duly made and seconded, it was voted to re -appoint Arthur E. Burrell, Director of Civil Defense, for a term expiring March 31, 1963, at which time the annual appointments will be made and his appointment will again be considered. 8 Civil Defense It was agreed to invite Mr. Burrell to meet with the Board on January 2, 1963 to discuss the items in his letter. Upon motion duly made ana seconded, it was voted to appoint Mr. Harold E. Stevens Special Town Counsel for a period ending March 31, 1963 at the rate of $250 per month, a total of $750. The Chairman read a letter from Harold E. Roeder resigning from the Board of Fire Commissioners. Upon motion duly made and seconded,it was voted to accept the resignation with regret. Appointment to replace Mr. Roeder was held over until the next meeting of the Board. Upon motion dut* made and seconded, it was voted to grant the following licenses: Corner Variety Shop Anthony's Restaurant Dunn Ford Sales, Inc. Geo. R. Reed & Son, Inc. Minute Man Restaurant David Butler Donald E. Servente Raymond E. Dalrymple Edmund Nawoichik, Jr. Common Victualler B T1 1st.Class Agent Common Victualler n n Taxi Driver II IT Upon motion duly made and seconded, to invite bids on printing 800 copies of Annual Town Report. The meeting adjourned at 11:20 P.M. A true record, Atte.t: n n n it was voted the 1962 -Etec tive Jerk elect en Appointment Appointment Resignation Licenses Bids-Tewn Report