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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: