HomeMy WebLinkAbout1961-04-03-BOS-min 416 1.4
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SgLECTMENTS MEETING
April 3, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday evening, April 3, 1961, at 7:30 P.M. Chair-
man Morey, Messrs . Adams, Ferguson, Richards and Cole
were present . Mr. Stevens, Town Counsel, Mr. Carroll,
Superintendent of Public Works, and the Executive
Clerk were also present.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of three jurors . The following
Jurors individuals were drawn for jury duty: William C .
Griffiths, 7 Locke Lane ; Edward G. Simeone , 12 Stimson
Avenue , and Albert F. Conrad, 9 Ross Road.
Mr. Carroll retired.
Upon motion duly made and seconded, it was voted
to sign the garbage contract, presented by Mr. Stevens,
between the Town of Lexington and Stanley Roketenetz,
Garbage Inc . , for a one-year period commencing May 1, 1961 and
contract ending April 30, 1962, at the bid price of $38,000 .00.
Mr. Stevens explained that he would withhold his111
approval until the seals which he requested have been
put on the contract.
Letter was received from Mr. Stevens, together
with a conformed copy of the offer dated March 20,
1961 received from Alice P. Hagerty to the Town in
reference to her claim for damages arig.ing from the
Hagerty taking of her property on Lincoln Street.
offer The Chairman stated that at one meeting of the
Board it was suggested that the final payment be
withheld until the property had been vacated.
Mr. Ferguson said there was also an arrangement
about the rent .
Mr. Stevens explained that the offer provides no
rent until September 1, 1961 .
Mr. Ferguson asked if the Town would need the
property before that time , and Mr. Carroll replied
in the negative .
Mr. Stevens stated that the Board has until
May 1, 1961 to act and this is the offer given to
him by Mrs . Hagerty.
Mr. Ferguson said the only reservation he had
was vacating the property and holding back a sum of
money.
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Mr. Stevens advised that the Board could make
a counter offer and tell Mrs . Hagerty that it is not
prepared to accept this one . He said he understood
she went to a sunmer place and the first thought was
June 1, but then she felt she might not get every-
thing out by June 1 and wanted until September 1, 1961.
Mr. Carroll explained that if Worthen Road had to
be built, the contractor could work around the house
very easily for a long, long time . He said he had not
planned to let the contract until late in the summer.
Mr. Adams moved that the offer be accepted.
Mr. Richards said he did not recall the September
1 date . He suggested that the Board make a counter
offer and agree to all the terms except the June 1 date .
Mr. Ferguson suggested withholding $2,000.00 until
the house is vacated.
The Chairman explained that Mr. Carroll felt it
would be better working on the road after the summer
playground program is completed.
Mr. Ferguson suggested presenting the same offer
voted on by the Board on March 18, 1961 -- Mrs . Hagerty
to remain in occupancy until May 1, 1961 and thereafter
for thirty days, after notice to vacate, until December
31, 1961, whichever shall be first, rent free .
upon motion by Mr. Adams , seconded by Mr. Cole ,
it was voted to accept the offer, the Hagertys to vacate
the property by September 1, 1961.
Messrs . Richards and Ferguson were recorded in
opposition.
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 Palladino
made public , might adversely affect the public security,
the financial interest of the Town or the reputation of
any person.
Following a discussion of a Land Court petition
involving property owned by Palladino and located off
Bow Street, it was voted to resume the open meeting.
Letter was received from Mr . Stevens advising that
the bill filed by the Board to obtain authority to sell Sale of
water for use at Hanscom Field was enacted and approved water
by the Governor on March 24, 1961. It is Chapter 280
of the Acts of 1961 and became effective upon approval.
Mr. Stevens advised that it is in order to proceed
with the contract with the Air Force .
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Mr. Stevens said he had received no indication from
Town Counsel the Board in regard to the matter of Town Counsel. He
said that matters are arising and he does not know what
is to be done about them.
Letter was received from Mr. Irwin, Building In-
spector, relative to the D and 0 Box Company at the
rear of 20 Maple Street . A check of the premises was
made on March 29, 1961 and the company is still there .
D and 0 He checked with Mr. Stevens who pointed out that the
Box Company judgment is not to issue until April 1, 1961 and if
Mr . Gerson complies, he should be out by that time .
If he is not out, further action by the attorney for
Kingston Homes will be asked for by Mr. Stevens.
Mr. Stevens reported that the execution was
ordered today and supposed to be mailed to the attorney
for Kingston Homes .
Copy of letter from Mr. George W. Mayo, 3 Emerson
Road, to Mr. Irwin, relative to the business being
operated from 101 Adams Street, was received.
Mr. Stevens reported that he has written Mr. Irwin
that there is nothing to be done now but proceed with
Zoning a bill in equity.
violation It was unanimously agreed ths✓ Mr. Stevens should
proceed with the bill in equity.
Messrs. Stevens and Carroll retired at 8:20 P.M.
Mr. John Brucchi, 63 Paul Revere Road, met with
the Board, and stated that he thought the dog owned
by Adams, 69 Paul Revere Road, should be restrained,
because it attacked his ponies.
The Chairman asked if this was the first instance
since the hearing about a year ago, add Mr. Brucchi
replied in the negative . He said there have been six
or seven instances .
The Chairman said this is the first definite re-
port the Board has received from Mr. Brucchili and he
said he would have to report every three or four days.
It was agreed to askOfficer Forten to make an
investigation and submit a report to the Board.
At 8:30 P.M. , the Chairman declared the hearing
open on the application of the 1820 Barn, Inc . , for a
license to sell alcoholic beverages at 9Muzzey Street,
and explained that, following the procedure of the last
liquor hearing, Mr. Richards would conduct the hearing.
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Mr . Richards asked who was present for the pro-
ponents .
Mr. Ervin Blake and Mr. Dean E. Nicholson were
present, not represented by counsel.
Mr. Richards started the hearing by reading the 1820 Barn,
notice dated March 16, 1961 which was published in Inc . hearing
the March 16, 1961 issue of the Lexington Minute-gtian.
Mr. Richards stated that, to make the maximum use
of the time available , he would suggest that one pro-
ponent carry the burden of speaking although both
could speak. He explained that at the conclusion of
their presentation, any other person present to support
the proponents would be heard; then there would be time
for any person wishing to be heard in opposition. He
stated that if there were any documents or petitions
to be presented, they should be submitted as soon as
possible , all of which would be available for examination
at the end of the hearing. In order to save time , he sug-
gested that all matters be addressed to the Chair:,
Mr. Ervin Blake , 40 Prospect Hill Road, said he was
a home owner and a resident of Lexington. The property
was purchased eighteen months ago and was a blacksmith
shop, a nonconforming use . They intend, in due time ,
111 sixteen or seventeen months, to have a building suitable
for the district in which it is located and have engaged
an architect to make a building which would be proper for
the district.
He said the liquor store would not be just a store
with bottles on shelves but would have gourmet foods .
He stated that he has been in Town for six years engaged
in a drug store requiring licenses from the State and
Government, and he felt he was suited to take charge of
the store and intends to spend all his time in the store
if the application is approved. He said there are suit-
able parking facilities with unloading facilities in the
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rear, and there would beno parking problem because of
the parking areas existing now .
Mr. Dean E. Nicholson, 42 Hill Street, said he was
a resident of Lexington, and up until tonight, has lived
here very quietly and modestly. He said this was not a
test of popularity; that was decided by the voters of
Lexington and as a result, dud. to the population increase ,
an additional liquor license is now permitted in Lexington
for a package goods store . He said this the law permits
and as far as he knows, Lexington has always' granted the
maximum number of licenses so it is not to say that five
are enough. He said the important thing in the granting
of this type of license is whether or not this is a legal
application and the answer is that they have met all the
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requirements as far as zoning and distance are concerned.
He said, secondly, the Board has to consider whether the
applicants are people of responsibility and to hold such
a license is something only responsible pepple should be
charged with. He said Mr. Blake is an experienced busi-
ness man and will be the manager of the store if the
license is granted. He said Mr. Blake holds many licenses
and has a vast amount of experience and is well qualified
to hold such a license . He stated that Mr . Blake has
been civic minded and has been charitable , all of which
indicated he is the type of person to be trusted .
Mr. Nicholson said the location should also be con-
sidered. They have taken down two or three rotting
barns and the driveway was not a turnaround and the
vehicles could only back out. They have parking in the
rear even though the zoning requirements do not necessarily
require it . He said this is a commercial zone and any
type of business the law permits can be operated in that
location. They have spent a great deal of money improv-
ing the property. He said they have as big a financial
interest an anyone and they don't want to do anything
that would be a detriment to the street. He said they
have built a handsome building and they intend to keep
everything fitting and proper for this type of district.
He said it is also important to consider what kind of a
place will be operated. They intend to have it fitted
out with the proper type of decor and design it so it will
be unobtrusive and no one except the residents of Lexing-
ton will recognize it as a liquor store . He said they
intend to run a place that decent people can go in and
not feel ashamed of and a lady can go in in good taste
and purchase something. He said the issuing of licenses
depends on the growth of the town and no one can prevent
the Town from growing.
Mr. John J. Sullivan, 341 Marrett Road, said he
wanted to speak on behalf of Mr. Blakeand Mr. Nicholson
and that he shared the thinking they had expressed in
their methods of business. He said most of the oppo-
sition is unwarranted from the standpoint of an addi-
tional liquor store bhging in additional consumption
of liquor. He said by law students are not permitted
to enter the store for the purpose of purchase . He said
that liquor purchased at this place would be taken from
the premises to the privacy of the homes and he could
see nothing detrimental.
Mr. Ossie G. Simons, 8 Wildwood Road, said Mr .
Blake is a reliable and trustworthy individual whom he
has known for two years . He said if a license is per-
mitted, he could think of no one more proper to have a
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license, and he recommended that the license be granted
to Mr. Blake .
Mr. John Brucchi, 69 Paul Revere Road, said he has
known Mr. Blake since he came to Lexington and in his
opinion, his store is one of the neatest. He said he
would be in favor of the liquor store being on the
side street. Anyone going in would not know if they
were going in the bank or in the store .
Mr. Edward Sahatjian, 98 Cedar Street, said this
seems a matter of good business to the Town . Sooner
or later another liquor license will be granted and
it is a question of who gets it and when. He said
Mr. Blake 's character and business reputation is good,
and he thought the license should be issued to someone
everyone could trust. He said more liquor stores will
not mean more drinking in Town and people who want to
purchase liquor, will purchase it.
Mr. Frederic K. Johnson, 3 Franklin Road, said he
would like to speak in opposition to the application.
He said they all realized that the granting of the
license is permissive and there is nothing compulsive .
He did not feel • another license necessary. He said
that although the location is in the business district,
C-2, it would not be the best place for another liquor
store because Muzzey Street is a busy one-way street.
It is the principal approach to the High School and
the parking is a problem. According to the plot plan
of the Town, the lot has 6800 square feet with a frontage
of 85 feet and a depth of 80 feet. The setback of the
building is 10 feet from the sidewalk so the face of
the building lines up with the other buildings on the
street. He said there is actually, from the face of
the building to the back line, 70 feet and according
to the application, the store depth is 54 feet, the
frontageof the lot 85 feet . He said on the north side
the building is on a right-of-way shared by the Trust
Company and other owners . He said there is a 12-foot
right-of-way on the north, 16 feet in the rear of the
building, and 12 feet on the south side of the build-
ing and he thought it would be difficult for any truck
to drive around the buildings. He said there is no
parking and if so, it is very limited. He stilted that
liquor stores are permitted only in a C-2 zone and at
the time that was set up by the Planning Board, it was
the feeling that liquor stores should be in a prominent
place where they could be seen and controlled. He said
the building could be put to other use and in denying
this application, he did not think the Board would be
doing any hardship to the owner .
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row.
Ih addition to his opposition, Mr. Johnson submitted
a petition signed by a total of 192 citizens of Lexington
who, he said, came from various parts of the Town.
Mr. Martin Gilman, 56 Bloomfield Street, said he
would like to emphasize the permissive measure wherein
this comes and point out the fact that only two-thirds of
the voterB casting ballots were in favor and it seemed
to him that these two-thirds were adequately cared for .
Mrs . Barbara Beckard, 93 Adams Street, said a peti-
tion in opposition had been submitted by the Grace Chapel
and they are all opposed to any more liquor stores, in fact,
opposed to any liquor stores at all . She asked if other
towns can get along without them, why Lexington couldn' t.
She said she thought they degraded the Town.
Mr. Carl R. Queander, 2 Middle Street, said that
until the Planning Board rezones and has more C-2 districts,
he felt the Town adequately taken care of by the five
stores it now has.
Mrs . Evan Wilder, 37 Normandy Road, said she has
lived in Lexington only since May, 1960, and chose Lex-
ington because it is a nice town and the people are
friendly. She said as far as a businessman is concerned,
she does not know anything against the applicant, but
having a store selling liquor, plus other things, she
wanted to know why they couldn' t just have the other
things and leave the liquor out. She said if the build-
ing has been made for a store, and is adequate, someone
would be permitted to come in with a store and not have
liquor. She said there is a need for good stores . She
asked what the attitude of the children would be of the
adults who purchase liquor and what the attitude of the
children would be if it is taken for adults to drink.
She said there is nothing that shows the result of drink-
ing liquor. The advertisements present a very well-dressed
healthy pepson, but they do not show what liquor can do to
the person. She said she would like to add her opposition
to another liquor store .
Mr. Richard F. Crawford, 239 Lowell Street, said he
was not against fair and good enterprise but he felt the
Town does not need any stores for the sale of alcohol .
Reverend Robert H. Bartlett, Minsiter of the First
Baptist Church, said one of the basic problems is where
does this end. He understood that the Town can have a
license for every 5,000 people , and if the population
goes to 35,000 pr 40,000, the Town could be sure of eight
stores. He said the question is why are they needed.
He said he had friends in Winchester who remarked that
whenever they want something to drink, all they have to
do is drive to Lexington. He said, having lived in a
town with 52 barrooms, four or five liquor stores and
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saloons, he knows what it is to live in an area that is
downtrodden. He stated that if one is to keep an area
in a high moral tone , one must take the necessary measures .
He said it is not a question of honesty or integrity, but
the question is to keep Lexington in a high moral tone .
Miss Florence Gray, 488 Massachusetts Avenue , said
that considering the population below the age of twenty
is 10,000, the remaining adult population is adequately
served by the present five licensed stores .
Mr. Nicholson said he did not know where Mr. Johnson
got his figures but they were wrong. He said there is
at least 8,000 square feet and there is ample room for
parking at the rear of the store . He has had it measured
and the architect has assured him that there will be
drive-around parking. He said most of the people in op-
position have raised the question why do we need a sixth
store . He asked why there had to be more than one super
market. He said this is something that is legal, that
the law permits and something has been passed by the
legislature. He said to say that six stores are not
needed is not a real reason and that is the only argument
he has heard against the store . He said the people have
a petition and he could have had a petition; anyone
approached will sign a petition. He said the people of
the Town voted overwhelmingly in favor of this and the
Town is bound to the vote of the mass of population. He
stated that the type of place they intend to operate will
be on the idea of S.S. Pierce and will not detract from
the neighborhood.
Mr. Johnson presented a tracing taken from the Town
block plan showing the area from Muzzey Street to Clarke
Street and from Massachusetts Avenue to Raymond Street
with the area figures noted.
Mr. Nicholson said he had a deed for over 8,000
square feet.
Mr. Richards stated that the application filed
stated that the premises are located on first floor
and basement of 2-story cement block building 54 feet
long' and 27 feet wide, with parking facilities in rear
of buildings. Basement is to be used for storage facili-
ties.
Mr. Richards read communications in opposition
from Mel and Margaret Biggs, 9 Loring Road; Mr. and Mrs .
C .W. Fillmore , 659 Marrett Road; petition previously
referred to by Mrs. Reckard; copy of letter from Mrs .
Julius C . Ritter, 13 Pine Knoll Road, a copy of which
was sent to the Lexington paper March 27, 1961; postcard
from Philip B. Parsons and Bernice Parsons .
Mr. Richards declared the hearing closed at 9:13
P.M. , and the group retired.
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The Board considered the application submitted by
1820 Barn, Inc. for a Package Goods Store license to
sell all alcoholic beverages on the premises at 9
Muzzey Street, and upon motion duly made and seconded,
it was unanimously voted that the application be denied.
Mr. Stevens and Mr. Carroll returned to the meet-
ing at 9:30 P.M.
Mr. Carroll referred to Jean and Morgan Roads and
stated that a plan has been prepared and he and Mr .
Stevens thought if the Board approved, an order of taking
Order of would be drafted to be signed next week .
taking Mr. Stevens was authorized to proceed with pre-
paration of the order of taking.
Letter was received from Warren E. Padelford,.
53 Burlington Street, stating that he would like to
reach a mt tleme nt on the strip of land taken in front
of his property for the purpose of a sidewalk, and
that he would like to settle the matter out of court .
Land taking He is willing to forego the price of the land in lieu
of the sidewalk assessment in the amount of $115.91 .
He would also like to have the flagstone steps in front
of his property rebuilt as they fell apart within a
month of being replaced.
Letter was received from D. H. Darden, Jr. , and
Diana K. Darden, 61 Burlington Street, requesting an
Land taking offer of settlement for damages for land taking in
connection with widening of the street and sidewalk
construction.
Mr. Carroll presented a Plan of Burlington Street,
dated January 12, 1960, and stated that there are
eight owners fromwhom the Town made takings for the
travel easement. He also presented a plan showing the
slope easements in Burlington Street .
Mr. Carroll suggested approving the Padelford
settlement for no betterment and recommended offer-
Land ing the same to Mr. Darden.
damages Mr. Stevens said he thought someone should give
Burlington the Boardan idea of what the damages are , and if
Street something is to be done for one , they all should be
treated fairly.
It was agreed to have Mr. Carroll arrange for a
rough appraisal of the entire street and have it on
file with his plan.
The Chairman suggested, and the Board agreed,
that Mr. Padelford and the Dardens be advised that
the requests are being taken under advisement.
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Mr. Ferguson asked who would make the appraisal .
He said here are some people who have written in and
the Board has done nothing for them. He said he could
see no reason why the Board could not find out what
they have in mind as to their value and then decide
if it wants to do anything about an appraisal or ac-
cepting what they are asking. He said the Board should
know what they would be willing to settle for . He said
he would be willing to abate the betterments right
along the line .
Upon motion duly made and seconded, it was voted
to have Mr. Carroll get an appraisal or opinion as to
what the damages should run and using that as a basis,
make some suggested awards for the people so the Board
will know what they want.
Letter was received from Edward R. Thomas, attorney
for Eleanor L. Ross, owner of land on Wood Street on
which a sewer betterment assessment had been levied in
the amount of $868.18. The assessment was protested
for the reason that the lot in question has been reduced Ross sewer
in size considerably to less than one-half by reason of assessment
a taking by the Commonwealth and also because of the
fact that a large area of the lot, by reason of its
peculiar shape , is not usable for any purpose .
Mr. Carroll reported that a sewer was installed
in Wood Street in 1960 and it went by the property
owned by Mrs . Ross on the west side of Route 128. At
the time of the recording, May 26, 1960, she owned
1.206 acres between Wood Street and Route 128. He
indicated the parcel assessed on a plan, and explained
that on August 3, 1960, the State made an additional
taking and indicated what is remaining from her original
piece of land.
Mr. Stevens said that at the time the betterment
was put on, it did have area enough to build. If a
taking was. made after that, it has nothing to do with
the betterment and if Mrs. Ross lost a buildable lot,
the Commonwealth will have to pay for a buildable lot .
It was agreed to advise Mr. Thomas that since the
betterment was put on the property prior to its being
reduced in size, the Board feelsthe money is due the
Town and no abatement is in order.
Letter was received from Cabot, Cabot & Forbes
concerning the proposed sewer into Route 128 to serve
the Rinaldo property. It is their intention to pay
the entire cost of the sewer installation subject to
a right of review in prior authorization if the con-
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struction exceeds 1.10,000 and subject to the con-
Rinaldo ditions stated in the last paragraph of their letter
sewer of March 7, 1961, in the event of further extension
of the sewer .
Mr. Stevens explained that if other individuals
came in who could use the sewer, the Board would have
no basis for charging them. He stated that normally
the Town does not assess betterments for a trunk sewer
and he did not know blow the Town could pay Cabot, Cabot
& Forbes back.
It was agreed to defer acknowledging the letter
until Mr. Carroll obtains more information from the
State .
The Chairman reported a conversation with Cabot,
Cabot & Forbes relative to their sending a letter
Cabot, Cabot concerning a voluntary agreement which they would
& Forbes ' like to make . The Board agreed that such a letter
agreement should be addressed to the Planning Board.
Discussion pertaining to the Town Counsel was
continued and Mr. Stevens said he had mentioned three
alternatives; 1) An assistant and agreement of what
he would take ; 2) Appoint a Town Counsel and Mr.
Stevens would be Special Counsel; 3) Appoint another
Town Counsel and Mr. Stevens would step out . He said
Town Counsel he has had no indication of what the Board intends to
do.
The Chairman gave Mr. Stevens a list of attorneys
taken from the poll book.
Mr. Richards said he was under the impression that
the Board would supply the Town Counsel with an assistant
and let Town Counsel select someone who would work for
him. The only problem would be how to provide the money.
He said it was his idea that the Town Counsel' s job would
become more of a Town Counsel' s job.
Mr. Stevens asked if the Board had considered What
it wanted to pay an assistant.
Mr. Richards asked where the funds would come from
and how much he is to be paid.
Mr. Stevens said the Board would have to decide
how much work is to be turned over.
Mr. Richards said it would be wise to appoint only
one who could act in certain matters without turning
them over to Mr. Stevens .
Mr. Stevens said he did netnknow how many on the
list given to him by the Chairman would be interested
and the only place money can come from is the Town
counsel ' s or Special Fees ' budget and the appropriation
made for Town Counsel is the same as last year.
Mr. Stevens retired at 1045 P.M.
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Mr. Carroll reported on bids received from sewer
service pipe - Lexington Lumber Co. $13,952.75; Hilco
Supply, $13,682.75; ABC Builders Supplies, $14.,223 .50;
Johns-Manville, $140015.32. Sewer pipe
Upon motion duly made and seconded, it aas voted bids
to accept the low bid of $13, 682.75 submitted by HMco
Supply.
Mr. Carroll went over the projects proposed for
this year and discussed the contracts .
Mr. Richards said he felt that some of the work Engineering
should be let out to engineering firms other than Contracts
Whitman & Howard. He also said he would like to have
the municipal parking lot be given top priority and
that meters be installed in the other two parking
areas .
Mr. Carroll retired at 11:20 P.M.
Mr. Cole suggested that the Board go along with
an assistant for Town Counsel.
Mr . Richards said the only problem is how the
assistant is going to be paid. Town Counsel
Mr. Cole moved that Mr. Stevens be asked to
continue as Town Counsel for another year providing
the Board authorize him to get an assistant.
Mr. Adams seconded the motion.
Mr. Ferguson said he would like to discuss this.
The Board, in urging Mr. Stevens to continue as Town
Counsel, was doing so with the realization that when
he was asked for a fact at the Town Meeting, he did
not pm a fact but gave his judgment and he refused
to correct it. He said this is a fact and was not
denied by Mr. Stevens.
Mr. Adams said he recalled the incident and did
not draw the same conclusion as Mr. Ferguson did.
After itriiiirdiscussion, Mr. Richards moved the
question and four members of the Board were in favor,
Mr . Ferguson in opposition.
The Chairman said she would talk to Mr. Stevens
to find out if the Special Fees Account would be
adequate .
Upon motion duly made and seconded, it was voted
to send a letter of thankstdo Judge Cotton for acting
as Moderator at the recent sessions of the Annual Town
Meeting.
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Upon motion duly made and seconded, it was voted ,
Bond to approve bond on behalf of James J. Carroll, Town
Treasurer, in the amount of $79,000.00.
Upon motion duly made and seconded., it was voted
to hold a ppecial meeting of the Board on Wednesday,
April 5, 1961, at 8:00 P.M.
The meeting adjourned at 11:50 P.M.
\A true record, Attest:
<< Ar.itectitive Clerk', Select -n
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