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HomeMy WebLinkAbout1971 40 SELECTMEN'S MEETING January 4, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Legre, Town Counsel , Mr. O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were also present. Jurors At the request of the Town Clerk, four jurors were drawn as follows Harold W Eklund 24 Preston Road David M. Hamblin 7 Winston Road William R. Page 25 Oakland Street William K. Brown 127 Bedford Street Mr O'Connell informed the Board that the Town Engineer has written him reporting that he has signed the offer and acceptance form on the State and Federal grants on the Hamilton Road relief sewer. The grant offers an estimate of $597,000; on the basis of that estimated cost, which is subject to change, the Federal grant offers $298,500 and the State offers $149,250, leaving the appli- cants' share, Lexington and Bedford, of $ 149,250. On December 30, Hamilton 1970, we received preliminary plans and specifications on Contract Relief No. 1 and we are presently completing the second stage. Sewer The Chairman said that a letter from the State was received today. Mr. O'Connell recommended that the awarding authority set a date to advertise the bids as soon as possible. Also, you will note an additional 10 percent will be granted by the Housing and Urban Development, which will add $29,850. This leaves only the date to authorize the bids. The Chairman said that we have applied for a HUD grant and we are not sure of it; we have a commitment on the others. We will discuss this whole issue later on. The Chairman read a letter from Mrs. George Laurendeau, 33 Bellflower Street, requesting that Crosby Road be made one-way Traffic during the hours when children are brought and picked up at the Request Maria Hastings School Upon motion duly made and seconded, it was voted to refer this request to the Traffic Committee for recommendations. Common Upon motion duly made and seconded, it was voted to sign the Vict. Common Victualler licenses for the following (approved by the License Board of Health.) 34 . Bellino' s Bakery, Inc. 114 Massachusetts Avenue Folsom' s Seafoods 182 Bedford Street George R. Reed & Son 1721 Massachusetts Avenue Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Nancy Joan Doyle, I .D Card 823 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's Meeting held on December 28, 1970 The Chairman read a letter from the Planning Board stating that the portion of Worthen Road across the Bowman School land should be built within the 70' layout as a standard subdivision street with a 30' wide bituminous pavement and a sidewalk along one side. Either the typical cross-section for arterial street - modified as shown on the 1965 standard specifications of the Public Works Department or a special cross-section may be utilized, the latter being a little less expensive to construct The details of construction and the limits of peat excavation shall conform to the above standard specifications and to the Rules and Regulations governing the subdivision of land in Lexington. Since the road corridor easement across the Trinity Coven- ant Church land will have to be definitely located and shown on the development plans, it will be necessary to determine the best location therefor prior to the approval of the final plans some time in 1971 (assuming the passage of the rezoning at the January II , Special Town Meeting) The Chairman said that this letter is in reply to one we sent Worthen them after receiving one from Norman Richards, who is representing Road the Trinity Covenant Church. He asked if the Board agrees ( I) this section of Worthen Road should be built to these specifications or this width? (2) or consider the idea of the Town building the road? Mr Kenney asked, you mean paying for it, too? Mr Greeley approved ( I) building the road to these specifica- tions and (2) if the zoning change is approved at the Special Town Meeting. I think we ought to take immediate steps to offer to build the road, subject to reimbursement by the developer at 100 percent of the cost. The Chairman said we should meet with Norman Richards to square away what we are going to pay for; they should understand what they are going to pay for Last year, we said to build to a 44' width with our own money Mr. Greeley said that now we are saying to take Chapter 90 money elsewhere If you say it will be extraordinary width, it invites questions of the townspeople The Chairman said he certainly questions one sidewalk and ques- tions not putting the base in for a 44' width. Mr. Kenney agreed with Mr. Greeley on a 30' subdivision width. 34 Mr. Greeley said he wouldn't fight one way or another on the sidewalk Mr Bailey said that it would be in the meadow; a sidewalk on the East won't carry anybody. The Chairman said that we are talking about 190 families and as I understand the plan, they are going to hook onto this section We are coming into the school area and the Planning Board says to have a sidewalk just on one side The children hade to have a crossing and there are going to be 190 families there. Mr. Kenney asked if it is on the school side, wouldn't that suffice? The Chairman replied that we don't want to have to ask for another traffic woman I am saying on the school site, there ) should be two didewalks. I would hate to have the Town have to' come in afterwards and put in a sidewalk. Mr Kenney asked if we want this particular piece, should we pay for it? Mr. McSweeney came into the meeting. The Chairman asked Mr. McSweeney if we paid for one of the sidewalks on Worthen Road? Mr. Mabee said he believed the subdivider paid for the differ- ence, what he would normally pay in a subdivision. Mr Greeley said we used to require two and now we require only One sidewalk The Chairman informed Mr McSweeney that the recommendation of the Planning Board is for a 30' pavement and a sidewalk on one side and it is laid out to 70 feet We are asking should we have a sidewalk on both sides? Mr Greeley feels we should discuss making it to the 30' subdivision width Mr. McSweeney asked what if we increase it to the full width and have a layout at a later time? The Chairman thought it could be done. Mr Kenney said you wouldn't rebuild it to 44' width; I wouldn't want to spend the money now. Mr Mabee said we are talking about building from the subdivi- sion to Marrett Road. We have had every extreme on Worthen Road; why not make a decision on this tonight? The Chairman said we have agreed from Marrett Road to Colonial Acres to buy land; also, we agreed to leave a corridor from Goffe Road to Marrett Road 100' wide. Mr Greeley added in case some day it may be necessary to con- struct it. The Chairman agreed; now we are asked to build a section of that road which we had left a corridor. Mr. Mabee said that you certainly are not going to build this now to the full width. Mr. McSweeney said if you do it on that basis, "in case," you are asking the Clematis subdivision to do something less than you required Duffy to do. ��4 3 ' Mr. Greeley agreed and said we changed our policy; we revised our policy on Worthen Road last summer and I think we should stick to it The Chairman said he would not like to see us go in there and excavate this peat, with the depth of 20' , and have to go in again in five years and excavate again; in the point of good construction, we should go to the full Width Mr Greeley said that we should excavate to what is the appro- priate width to get an adequate base for a 30' pavement. The Chairman explained that we would probably have to excavate to a width of 80' to 100' wide, anyway for the 30' pavement What I would like to see us do is excavate the whole thing for a good solid base so the road base won't shift as it did up at the High School area, but I think it is in the best interests of the Town to excavate it to that width It was the sense of the Board to excavate for the 50' layout. Attorney Norman Richards met with the Board The Chairman informed Mr. Richards that the Board had received a letter from the Planning Board in reply to one we sent after re- ceiving yours As far as the access road to the subdivision, we would like to have a basic understanding on who is going to do what It is the Planning Board's position, and the Board concurs, that the road be extended to a 50' layout and built to specifications. The Planning Board is asking for one sidewalk and we question whether one or two sidewalks. Is it the feeling of your people that you would design and survey to the location the Town Engineer specifies and, at that time, if the Town Engineer approves the specifications for the layout, we put it out to bid and you deposit in escrow with the Treasurer and the road will be built at no cost to the Town? Mr Richards said, first, it was the understanding of the Church that the Town would have it laid out and had done some prepar- ation for Article 22 of the 1969 Town Meeting, which laid out the road, and there would be no money for construction. I had not con- cerned myself with the engineering I do know that the Bowman School property had been engineered by Whitman and Howard for sewer lines and in my discussion of Article 22, engineering data for the road was available, assuming it was going to be extended to 70 feet wide One of the problems that had arisen in discussion by the townspeople was whether this would be the logical place for the second access or whether theee were other avenues to explore other than the low areas Also, there is some feeling it shouldn't be built on Bowman School property However, in discussing it with the Architect, this would be the logical place and would open the area down through the Bowman School . In the letter to the Board was the amount of money that would be placed with the Town and the Town would do all the work as they would under Chapter 90 I have heard about conditions at the Bowman School , I don't know how bad the bottom is but Whitman and Howard does and if it gets into an astronomical fee, it would be advisable for the Church to look into this matter and other areas for access. 344 The Chairman asked if he understood the part the Town would play in it? Under Chapter 90, the County surveys it, the State de- signs it and puts it out to bid and awards the bids We would just inspect the project and make the payments Mr Mabee asked what has the County done? Mr. McSweeney said they did some survey work in the area, no borings, just some preliminary surveys. The Chairman said there is no question the Town would make information available to you We are in no position to undertake the design of this project Mr Richards said we would design it as a subdivision, it would be built to specifications and I don't know what adjustments the Town would make if we had to construct and install services to a greater width The Chairman said it would be designed and built as a normal subdivision street with no requests for services or pavement of a greater width. Mr Greeley said it is our recommendation to do exactly what Mr Richards and the Church recommended; they expect to construct the street as a normal subdivision street except the bids would be taken and let by the Town. Mr. Mabee said that they would handle it as a normal subdivi- sion and you would engineer it and put the money in escrow and we would build it. The Chairman said as the Planning Board letter reads, you are giving the Town an easement for a corridor for the extension of Worthen Road Mr Richards said the question came up on an easement; there is the improbability of building a road across which would go out to Marrett Road, the road would not follow that course when on the Church' s land, this would go across as it was originally laid out. If it is Conservation land, you would have difficulty getting across Conservation land. Mr. Legro said it would be almost impossible. Mr Richards said we would put up the money and it would be engineered; we wouldn't expect the Town to employ Whitman and Howard The Chairman said that the Board would be the awarding au- thority of the bid. Mr. Richards agreed and retired from the meeting The Board discussed the Articles to be inserted in the Warrant for the Annual Town Meeting on March 15, 1971 . The Chairman said that Articles I through 30 will have the same numbers as last year, except Article 23 (permanent street con- struction), which was left out last year; last year, it was Chapter 90. Bevington Mr. Mabee said that the Board asked him to check with Mr Bevington, as we had talked about acquiring the land for the purposes 34 we acquired the Tower property, as opposed to Conservation purposes Mr. Bevington is willing to sell for either/or but with one stipula- tion, he doesn't want any buildings there. Mr Legro asked if he is making a concession in price for other purposes? Mr Mabee said he wasn't asked to talk price and he didn't Mr Bevington doesn't care if there is a road there or not; I think he is worried about a subdivision and he did say "no buildings there " The Conservation Commission would withdraw their Article for Conservation purposes if the Selectmen wanted to put it in for gen- eral purposes. I suggest we discuss acquisition with respect to all acquisition. There is no option at the moment and recommend that the Selectmen have an option to purchase this land over the next 15 months for the next Town Meeting; there should be two Articles. Mr Greeley asked why do we have to insert the Conservation Commission's Article? Mr Mabee said because they want to make sure it is brought up as a matter of issue at the Town Meeting; they don't want to see it go down river with no action Mr Bailey said that our general purposes action would accom- plish that Mr. Mabee agreed The Chairman thought we should insert two Articles and if we get an option signed by them, we can vote to delete these two Arti- cles We will vote to insert Article 54 for the acquisition of the Bevington land for general purposes Mr. Legro said you spoke of acquiring for the same purposes as the Tower land was acquired and that included for school pur- poses; also, for playground and recreation purposes I will be drafting the Article soon and as long as the acquisition is limited to these purposes Mr Mabee asked if it is agreed to have a road through? The Board agreed. Mr York met with the Board to discuss the Red Cross Article. The Chairman said that Mr Kingston as a member of the Red Cross, is asking for this Article to be inserted for plans and specifications for the remodeling of the Red Cross Building. Mr. York said that Mr. Kingston asked him to be here; it is obvious this work needs to be done. Red Cross Mr. Greeley said that in reading the letter on this, he didn't quite understand what Mr Kingston was saying as he said the first estimate will cost $ 18,000 and agreed that is too much and hopes we can do it for a lot less The Chairman said that Mr. Muirhead' s educated guess is $18,000 and if they find out they can do it for $ 10,000 or $12,000 This is his thinking Mr Kenney asked Mr Greeley if he thought the facility was worth that? Mr. Greeley replied, no. 346 Mr Kenney said he would have no compunction about inserting the Article, but not support it Mr Greeley and Mr Mabee agreed with him Mr York said that when working on the Visitor' s Center, our Committee gave serious consideration to wiping out the Red Cross build- ing You will run into an objection from the Historical Society for not taking care of the building. The question is, do we put money into it? The Chairman said that is your feeling. We would like to see the building maintained At the Town Meeting, we don't want it in- terpreted that we don't want the building Say we put in the Arti- cle and because of the economy, the Appropriation Committee rejected it and Town Meeting voted it down? Mr Mabee said if we put the Article in because it was re- quested by a Town Meeting Member, we are in favor of it, but not this year because the deterioration is not so bad. Mr York said the only way we can find out what we are all talking about is we ought to have an investigation. The Chairman said it doesn't necessarily mean to cost the Town $12,000. If it fails, then we should try a Trust Fund to find out how to have this study The day we went to the meeting, the Red Cross was going to pay for this study. Mr York said they have money for Red Cross use, but we don't own the building . The Chairman said if we charged $40 a month for the building, we would have it in 40 months I would hate to go to Town Meeting and have it killed. The Chairman told Mr Kenney that he should not vote to in- sert an Article if he didn't want to support it This is a request from one individual It has been the Board' s policy that Articles be inserted either as Citizens' or Selectmen's Articles We would be deluged with requests from Town Meeting Members every year. Either you insert it as a Selectmen' s Article or you don't insert it at all . Mr Bailey agreed to support the Article; Mr Mabee and Mr. Kenney, also; the Chairman also said he would support the Article at Town Meeting Mr Greeley said he would not agree to support it but will agree to put it in as a Selectmen' s Article The Chairman said that a letter has been received from the Fire Department requesting two Articles be inserted; one for the renovation Fire Articles of the Central Fire Headquarters in the amount of $51 ,000 and the other for a replacement of Engine #2 in the amount of $57,000. Mr O'Connell said that he would talk with Chief Spellman. Upon motion duly made and seconded, it was voted to deny the request of the Fire Department to insert two Articles Bowman The Chairman asked about the Bowman School roof? School Mr O'Connell said that he had talked with the School Department 347 and they said the school hasn't been accepted and, therefore, it is still up to the permanent Building Committee. Mr Kenney asked if the roof would be capable of going through another winter? Mr O'Connell replied, yes, with a patch here and there. The Chairman said that 7 Citizens' Articles were submitted. One was on the use of Chapter 90 money on Worthen Road but the peti- tion asks for insertion in the January II , 1971 Town Meeting - not Citizens' for the March meeting Article Mr. Greeley said that we are putting an Article in the March Chapter 90 Town Meeting to use the money for another purpose Upon motion duly made and seconded, it was voted not to insert the Citizens' Article on the use of Chapter 90 money on Worthen Road because the petition was for the January II, 1971 Town Meeting. The Board agreed there would be 6 Citizens' Articles inserted. ( I) An Article submitted to release the restrictions on the land bought by Mrs Domings on Valleyfield Street. (2) Petition to approve and transmit to the Governor that property taxes are among the highest in the nation and to petition the Great and General Court for early adoption of a revised tax pro- gram. (3) An Article submitted by Mark Moore to amend the zoning by- law to include parcels under RH-Subsidized Housing Districts, on the Citizens' Bedford Street side. Article (4) An Article submitted that the Viano property on Vine Brook be rezoned to CG area (5) An Article submitted to rezone on Bow Street to RH area. (6) An Article submitted on the change in the by- law on the use of sidewalks. The Chairman said the School Committee has one Article for reno- vations to incinerators to comply with requirements of the Metropoli- School tan Boston Air Pollution Control District Article Mr. O'Connell informed the Board that he had received a report covering the survey of the Center Pool We had $ 1200 to conduct a survey and found a substantial number of serious leaks and concluded that the present filtering system was inadequate and the concrete Center was in need of repairs; the filters are illegal under the rules of Pool Public Health. For minimum patching and repair of the major leaks in order for the pool to continue to operate, it would cost $ 11,500; $56,000 for the complete removal of the structure and replacement of the filtering system. The Chairman asked if he had any information to make repairs? Mr O'Connell said that the minimum to get by would cost $11 ,500, we face some cost to put the pool back in operation as- a result of the survey One possibility would be to ask for an Article in Town Meeting and ask if that is the right thing to do 348 Mr Greeley asked could you have a recommendation by Town Meet- ing time? Mr O'Connell replied, yes, he could have it by next week. Mr Greeley said, then, why not put an Article in The Board agreed to include an Article for the Center Swimming Pool under the Recreation Articles The Chairman said that Article I will include the Vocational School and the insurance question Upon motion duly made and seconded, it was voted to insert the following 52 Articles: ( I) To choose by ballot Town Officers Vocational School Insurance Question (2) Reports of Boards and Committees (3) Cary Lecture Committee (4) Apropriations for Expenditures (5) Approval of Town Treasurer to borrow money (6) Transfer of unexpended appropriation balances to E & D (7) Raise and appropriate money to pay unpaid bills (8) Appropriate money for Reserve Fund (9) Director of Accounts of State for audit ( 10) Funds for pensions for Police & Fire Department ( II) Appointment of Selectmen to Board of Appeals ( 12) Supplementary appropriations for installation or construction of Water mains, sewers, drains etc. ( 13) Street lights ( 14) Appraisals & Options ( 15) Westview Cemetery Development ( 16) Curbings Articles ( 17) Drains ( 18) Water Mains ( 19) Sidewalks (20) Sewer Mains (21) Trunk Sewers (22) Highway maintenance - Chapter 90 (23) Permanent Street Construction (24) Public Works equipment (25) Streets - Engineering services & plans (26) Eradication of mosquitoes (27) Board of Health - Mystic Valley Children's Clinic (28) Cary Library - State aid (29) Sewer mains - Engineering services & plans (30) ,Reimburtang sdmdi''ri'ders (31) Acquisition of Ashley-Steeves property for general purposes (32) Acquisition of Ashley-Steeves property for conservation purposes (33) Layout of Worthen Road - Marrett Road to Sherburne Road (34) Chapter 90 - Highway construction - Worthen Road - Marrett Road to Sherburne Road 349 (35) Authorization to use Chapter 616, 768 money - 1968 Chapter 90, 1966 Massachusetts Avenue Chapter 90 on East Street (36) Authorization to use 1969 - 1970 Chapter 90 money on Worthen Road - Marrett Road to Sherburne Road (37) Cary Library - plans and specifications (P.B.0 ) (38) Town Office Building Access and Parking Area (39) Police Station Air conditioning equipment (40) Town Office Building - F.E & F (41) Local Disaster Preparedness (C.D ) (42) Data Processing Study Committee (43) Automatic Data Processing Equipment (44) Purchase voting machines (5) (45) Vocational School (VRSDPC) (46) Photogrammetric Survey & Maps (47) Lincoln Street - further development (48) Purchase Harrington property (Mass Ave. at Clarke Street) (49) Easement at Lincoln Street & Marrett Road (Tocci ) (50) Amend Article 4 June, 1969 Meeting (Minority workers) (LCSR) (51) Abandon rights appurtenant to Hamilton property (52) Annuity for Mrs Benjamin Day Upon motion duly made and seconded, it was voted to insert the Article for plans and specifications for the remodeling of the Red Red Cross Cross Building. Upon motion duly made and seconded, it was voted to insert the Article for the acquisition for general purposes of the land owned Bevington by Alfred J Bevington Upon motion duly made and seconded, it was voted to insert 5; Articles on Recreation in the Warrant for the 1971 Annual Town Recreational Meeting. Upon motion duly made and seconded, it was voted to insert I School Committee Article in the Warrant for the 1971 Annual Town School Meeting Upon motion duly made and seconded, it was voted to insert 5 Conservation Articles in the Warrant for the 1971 Annual Town Conservation Meeting. Upon motion duly made and seconded, it was voted to insert 8 Planning Board Articles in the Warrant for the 1971 Annual Town Planning Meeting. Board Upon motion duly made and seconded, it was voted to insert 6 Citizens' Citizens' Articles in the Warrant for the 1971 Annual Town Meeting. Articles The Chairman read a letter from TMMA informing the Board of an informational meeting to be held on Wednesday evening, January 6, TI+IA 1971 , at the High School . Meeting 350 Mail Box The Chairman read a letter from Postmaster Walker stating that Mass. Ave we will be advised at a later date regarding our recommendation to Pleasant move the mail box on Massachusetts Avenue at Pleasant Street. The Chairman read a letter from Mr. Legro regarding the re- quest of Robert 0 Tillinghast, 183 Bedford Street, for a sewer connection. We thought we had an agreement with him to run his two services into a manhole at the edge of the Town property at the DPW Building and we would consider from that manhole to the Tillinghast lateral on Public Works' property a Town lateral and would request Sewer the granting of an easement over his property to service this lateral Mr Tillinghast has filed and recorded a grant of ease- ment on the whole section and it is Town Counsel' s recommendation that we again vote not to accept the easement. Upon motion duly made and seconded, it was voted to decline to accept the grant of easement, 20 feet wide and extending along the entire length of the rear lines of both lots 2 and I, from Robert 0. Tillinghast The Board agreed to so inform Mr Tillinghast and request him to contact the Town Engineer with a plan of easement to be ap- proved by Mr McSweeney and Mr Legro Town Meeting For the Board' s information, the Chairman read a letter from Vote Mrs. Earsy regarding a special form for the Town Meeting Members Tallies to record their own votes at Town Meeting; these forms would be collected and tallied by LWV and published in the Minute-man. The Board discussed the Warrant for the January II , 1971 Special Town Meeting Article 3 Stedman Road The Board agreed the motion will be drawn appropriating $200. Article 4 Sewer - Hamilton Road to MDC sewer line. The Chairman said that we met today and should ask for total authorization of $750,000 project, and a cash Articles appropriation of $100,000; in 1968, we appropriated $575,000 and $25,000 in cash. We feel the position should be total authorization of $750,000; raising $75,000 from taxes and burrowing $ 100,000. Mr. Greeley asked if the $75,000 will be out of the 1971 tax levy? The Chairman replied yes The motion will read to ap- propriate the additional sum of $ 175,000 Article 5 Hunting The Chairman asked Mr Legro for an answer to John Groden' s letter to the Board questioning whether the by- law change intends to prohibit a person from shooting on his own property with no danger to neighboring or abutting 351 .find referring to destructive gray squirrels, skunks, etc Mr Legro replied that we aren't doing anything different with respect to pro- tecting your own property than is imposed by the by- law in its present form Upon motion duly made and seconded, the Board voted unanimously to support Article 5 Article 6 Fire Department Personal Services Mr. O'Connell recommended $4,000, which represents money equivalent to the cost of services of two firemen plus the increase in supervisory costs I have had calls from Town Meeting Members and it is significant if we do some- thing like this for the two months, at the end of March, the Town' s obligation, moral-wise, expires and the whole question can be presented to Town Meeting as a new matter Mr. Greeley asked if he were prepared as to the fact that this in no way commits the Town after April I (the effec- t1Ve date of the new budget)? Mr. O'Connell replied, yes. Upon motion duly made and seconded, the Board unanimously voted to support Article 6 Article 7 Warrant mailing to each dwelling Upon motion duly made and seconded, the Board unanimously voted to support Article 7 Article 8 Zoning By-Law Amendments Upon motion duly made and seconded, the Board voted unani- mously to support Article 8. Article 9• Gift of $300 from Georgie Burr Smith Upon motion duly made and seconded, the Board voted unani- mously to support Article 9. Article 10 Gift of $ 1500 from Katharine Harrington to establish a seedling forest Mr. Greeley asked what are we prepared to do? The Chairman replied, that we have to find a location for the forest Upon motion duly made and seconded, the Board voted unani- mously to support Article 10 Article II Tennis Courts (Potter' s)': Mr. Mabee didn't think the Board has to take a stand on this Mr. Greeley asked if this is an amendment to the general text of the By-Law on R- I zone? Mr Legro said, yes, this is to change the zoning; it is to be operated by a corporation for a profit Mr. Greeley said he disapproved it. The Board agreed not to take a position on Article II 352 Article 12 Clematis Brook re-zoning -wxd The Chairman asked how much for these apartments? Mr. Greeley replied that 25% are low rent. The Chairman said that the Planning Board won't support luxury apartments and this may come in at $ 185 a month. Mr Bailey said that the rents are based on the cost of operation You can't guarantee rents unless you are going to be subsidized The Chairman said he would be reluctant to vote this project as he sees it designed. Upon motion duly made and seconded, it was voted to sup- port Article 12. Mr. Cataldo abstained. The Chairman said he didn't know how he will go. Mr Greeley said he will get some estimated rent figures for the Board. Article 13 Mea9 herville Mr Greeley said LCSR agreed last week we are opposed at this time The Chairman asked Mr McSweeney for information on the connector at Route 128 as he wants to see where it Isc going and who it affects. The Chairman reminded the Board that the meeting next Monday even- ing is to start at 7 00 p.m because of the Special Town Meeting. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person After discussion of a personnel matter of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10 45 p.m A true record, Attest Execu�lerk, Selectmen 1 SELECTMEN'S MEETING January II , 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, January II , 1971 at 7 00 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr O'Connell, Town Manager, and Mrs. McCurdy, Executive Clerk, were also present. Mr Zehner, Town Treasurer, met with the Board to request that the bid for the printing of the Town Report be awarded He said that two bids had been received, one from Sem line Incorporated in the amount of Printing $4,978, and one from Somerville Printing Co., Inc. in the amount of of Town $5,395. Mr Zehner recommended that the bid be awarded to Semline Incor- Report porated as the low bidder and, also, Semline has printed the Town Report for the last four years and is familiar with the operation. Upon motion duly made and seconded, it was voted to award the con- tract for the printing of the 1970 Town Report to Semline Incorporated, 180 Wood Road, Braintree, Massachusetts in the amount of $4,978. Mr O'Connell informed the Board that the budgets are ready for the Selectmen. Budget The Board agreed to meet on Saturday morning, January 15, at 9 00 Meeting a.m to go over the budgets Upon motion duly made and seconded, it was voted to sign the First 1st Class Class Agent' s License for Lawless Mawhinney Motors Inc of 581 Marrett License Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on January 4, 1971 . Minutes Upon motion duly made and seconded, it was voted to sign water abatements for the following Edward V. George $ 24 50 Walter Rich 101 83 Water Arthur Sandberg 8 75 Abatements N. Neal Chapman 31 82 Dorothy Devlin 32.25 Robert M. Soule 8 75 Witham Upper 32 57 Florence M. Boone 9 80 Thomas Cheek 98 35 Myer Herman 51 19 354 The Chairman discussed the Harrington House. He said that he and Mr O'Connell went through the house last Saturday and agreed that it is structurally sound. Mr Greeley said the Church has had a couple of real estate men associated with the Church look at it One thinks it should go on the market at a figure close to $60,000 and he thought he could sell it. Ralph Hall gave an opinion of value but 1 don't know what the figure is; I feel this is probably an opinion of value for the house and lot Harrington rather than just the lot Whether we can get something that tends to House convince the Church, if they think they can sell it for a reasonable price on the house, unless we get a pretty strong piece of evidence on the land value, I don't think we are going to budge them. The Chairman said that on the strength of his conversation with Mr Greeley, he had talked with Joe Lund and Mr Lund is willing to form an opinion of value for $200. Upon motion duly made and seconded, it was voted to request Mr. Lund to submit an opinion of value on the Harrington property foc $200. The Board agreed that Mr. Irwin, Building Inspector, is to accompany Mr Lund. The Chairman informed the Board that he had talked with Town Counsel on drawing an option for the Bevington-Stankard land. Mr. Bevington is willing to sign an option to be exercised on or before May 15, 1972 The Board agreed if we got an option signed, the two Articles would be withdrawn. I talked with Dr,. Kessler and Mr. Brown Bevington- of Conservation and they didn't feel this way about the Articles but Stankard they do now. I talked with Mr Legro and received a letter from him Option today and he suggested that the purposes for which the Tower Trusts' land was acquired, namely, sewer, water, drain, street, playground and recreational purposes, ought to satisfy the owners' desires and adequately protect the Conservation while permitting future street use and the construction only of such buildings as might be inci- dental to playground and recreational purposes. Upon motion duly made and seconded, it was voted to request Town Counsel to draw an option for the Bevington-Stankard land, stating the purposes of sewer, water, drain, street, playground and recreational purposes and permitting future street use and the con- struction only of such buildings as might be incidental to playground and recreational purposes. The Board agreed to request a recommendation from the Traffic Committee on the following items Traffic I . A traffic control signal at the intersection of East Street Committee and Lowell Street 2 The installation of a traffic control signal at the inter- section of Waltham Street and Concord Avenue. I 3. The abandoning of Clarke Street from Massachusetts Avenue to Raymond Street. Mr. O'Connell informed the Board that he had not received an ans- answer from the School Department regarding the crossing guard at Crossing Winchester Drive and, also, at Maple Street at the Harrington School . Guard The Board discussed the request from Mrs Eckstein for traffic lights at Concord Avenue and Waltham Street Traffic Mr McSweeney said that because of the delay in getting permits, Concord he would like to continue on with the investigation and submit it to Avenue - the State DPW to see if it does meet the formal requirement Waltham Mr. Mabee said that if the Traffic Committee comes on strong and Street recommends we ought to have a set of lights there, I would go along with it The Chairman informed the Board that an informational meeting Library will be held with the Library Trustees on Monday, January 18, 1971 Trustees at 7 00 p.m. The Board agreed to unanimously support Article 3 of the Warrant for the Special January II Town Meeting (Stedman Road taking) . The Articles Board was unanimously opposed to Article 13 (Citizens' Article on pur- chase of Meagherville land by Conservation Commission) The Chairman said he would support Article 2 (Junior High School) Hearing was declared open on application of Anthony and Rose Bevilaqua, owners of Anthony' s Restaurant, 27 Waltham Street, for a license to sell all alcoholic beverages, to be drunk on the premises as per Chapter 299, Acts of 1969. The Chairman said that the legal hearing has been advertised in the December 31 , 1970 issue of the Lexington Minute-man. Certifica- tion has been received that the abutters have been duly notified of the hearing by registered mail . Liquor Mr. and Mrs. Bevilaqua and Attorney Norman May were present License Mr. May addressed the Board and said that the applicants are Anthony' s well known in Town and have operated a restaurant for 12 or 14 years on Waltham Street in two locations Two or three years ago, motels were given licenses to sell liquor and this has been an unhappy ef- fect on the Bevilaquas, accounting for a 20% decrease in evening business We would like to have a service area bar, not to be used as a tavern They don't plan to open more than five days a week and would like an unlimited license, their hours of operation now are II 00 a.m. to 8 00 p.m. Since this is subject to annual review by your Board and since they are known, we would like to request an un- limited license. The Chairman said we don't give unlimited licenses. Mr. May requested the Board give it to the extent that it is able. ,)Ft The schematic plan of the building, submitted with the application was shown to the Board. Mr May showed a new room in the basement which is to be used primarily for storage. The Chairman said we assume you will want to serve all liquor in the function room; what bar would you serve from? Mr. Bevilaqua said that he wouldn't be able to serve downstairs for one more year as the place is leased The Chairman said then you will store it downstairs but the only place you will serve will be upstairs. Mr Anthony Bevilaqua said that in the future I would like to run banquets and parties downstairs. The Chairman said that this license will go to December 31, 1971 . Mr May said, in the future, wouldn't that mean this summer? There is a cooking school downstairs rented on a temporary basis; we hope she stays. The Chairman said you would have to show us on the plan how you are going to use downstairs Are you going to set up a bar downstairs if you use it? Mr. Bevilaqua replied it would be just a portable bar The Chairman said you feel you will be serving from 11;00 a.m. to 8 00 p.m. for five days a week. Mr Bevilaqua said we may increase it to 9 00 p.m The Chairman said we have allowed others to go to 11 00 p.m. but only when serving meals. Mr May asked could you experiment with II 00 a.m. to II 00 p.m.? They are not going to do it as a tavern Mr Greeley said we want to emphasize that liquor is to be served only during hours when the kitchen is open to serving meals. The Chairman said we police these things and we have no qualms about you and that you are going to run a decent operation. Mr Kenney said you are asking for a 7-day license in the event you rent for the weekend? Mr Bevilaqua replied, yes. The Chairman read a letter from Robert L. Lyon, Realtor, at 55 Waltham Street, requesting that as an abutting owner and manager of abutting property, kindly record me in favor of the application of Anthony' s Restaurant for an alcoholic beverage license. Mr Robert L. Lyon was so recorded in favor of the petition. No one appearing in favor or in opposition, the Chairman declared the hearing closed. The Board will take the matter under advisement. Mr. and Mrs Bevilaqua and Mr. May retired from- the meeting . Upon motion duly made and seconded, the Board voted to approve the application submitted by Anthony and Rose Bevilaqua, owners of Anthony's Restaurant, 27 Waltham Street, for a Common Victualer's Li- cense for the sale of all alcoholic beverages, subject to the rules .)4 and regulations set forth by the Board of Selectmen, for the following hours that liquor may be served Monday through Saturday II 00 a.m to II 00 p.m. Sundays 100 p.m to II 00 p.m Holidays By special permission of the Board of Selectmen The Board signed the application to be forwarded to the Alcoholic Beverages Commission for approval . Upon motion duly made and seconded, it was voted to adjourn at 7 50 p.m A true record, Attest )'4/ Executive Clerk, Selectmen 358 SELECTMEN'S MEETING January 18, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, January 18, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present The Chairman informed the Board that an application has been re- ceived from Ephraim Weiss for the use of Cary Memorial Hall on Wednes- Open day, February 3, 1971 for an open meeting for concerned scientists and Meeting on engineers on unemployment problems. Mr Weiss said he would pay the Unemploy- rental fee and custodian's services. The hall is to be used from 8 00 ment p.m. to II 00 p.m Other towns are making facilities available for meetings and I recommend that we waive the rental fee and just charge for the custodian' s services. Mr. Weiss has invited the Board to at- tend the meeting Upon motion duly made and seconded, it was voted to garant the re- quest of Mr. Weiss for the use of Cary Memorial Hall on Wednesday, February 3, 1971 from 8 00 p.m to II 00 p.m. for an open meeting for concerned scientists and engineers on unemployment problems. The Chairman read a letter from Commissioner Ribbs informing the Chapter 90 Board that a tentative grant, contingent upon legislative appropria- tion and local action, for highway purposes in the Town, under the provisions of Chapter 90, has been made to the Town as follows State Town County Maintenance $ 2,000 $ 2,000 $ 2,000 Worthen Road East Street Spring Street 29,700 14,850 14,850 The Chairman said that we have received a memorandum from the Massachusetts League of Cities and Towns for the following suggested Leagues of Article for the Annual Town Meeting "To see if the Town will vote to Cities and support proposed revenue-sharing programs which will be before the Towns 92nd United States Congress ( 1971 ) for the purpose of acquiring addi- tional , needed revenues to assist in alleviating demands currently imposed on local property taxes, and to inform the entire Massachu- setts congressional delegation of this positive action by town meeting members, or take any other action relative thereto." Our War- rant has closed, what is the Board's feeling? Upon motion duly made and seconded, it was voted to notify the Congressional Delegation that the Board of Selectmen supports the pro- posed revenue-sharing programs Mr. Greeley abstained. The Chairman read a letter from William R Page, 25 Oakland Street, volunteering his services for the planting of the seedling forest in the Town. The Special Town Meeting of January II , 1971 approved the acceptance of $ 1500 bequeathed to the Town by Katharine Harrington for the estab- Seedling lishment of a seedling forest, subject to the wish of the donor that, if Forest practical, it is planted and maintained by Junior or Senior High School students After discussion, the Board agreed to inform Mr. Page that Mr O'Connell will contact him to discuss the matter. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Cert of Shirley M. Holdsworth 6 Coach Road Incorp Albert J Mall 25 Dawes Road "The New England Council of Figure Skating Clubs, Inc " Louise Robinson 53 Downing Road "Friends of 0 I C., Inc." (Opportunities Industralization Center of Greater Boston) Dr. Warren Guild 344 Lowell Street "Fisherman Foundation, Inc " Mr Alan Adams and Mrs. Anne Scigliano met with the Board. The Chairman said that, as the Board knows, Mr Adams requested the Board to have the minutes of our meetings made available to him, by means of a copy of them. The Board discussed it and voted that the minutes would be available to him at the Selectmen' s Office, after they are ap- proved by the Board. Mr Adams interpreted this as being supplied with a copy and Mrs McCurdy gave him a copy. Mr Adams said I think you knew what I was talking about; the reason I wanted you to do it is that I can't always get down here and it is difficult to hear I thought to make an extra copy of the records Mr. Adams would be quite simple and quite fair as it is almost impossible to go Minutes over a copy of the records, which have been available for years. I thought that vote granted what I asked The Chairman said that we discussed it at length, as I explained to you how it was intended and the vote of the Board. Mrs. Scigliano said that minutes of the School Committee meetings are available to everyone when you attend their meetings. The Chairman said they meet every two weeks. Mrs. Scigliano showed a copy of School Committee minutes of Decem- ber 7 that she received on December 21st You said if we wanted a copy, everyone would want one The Chairman said that you are talking two different things; they have a staff and a budget 1 3, 60 Mr. Bailey asked are these minutes valuable to you two weeks from now? Mr Adams replied, yes; some weeks we don't have room for all these things and, if we are preparing a story, we could look back at your records Mr. Mabee said in view of the fact the School Committee is so free with their minutes, I don't see why we couldn't very easily mail or make some arrangements with any bona fide newspaper publishing house and we wouldn't get involved with other than a publishing newspaper because of this. I see no problem in mailing them to them Mr. Kenney said he had no fear of precedence in forwarding them a copy Mr Mabee said it must be a local bona fide newspaper Mr Greeley asked if the Lexington Civil Rights Committee wants a copy what would you tell them? Mr Mabee said it must be a commercial , profit-making organization. Mr. O'Connell asked if he would furnish them to the Boston press? I get many inquiries from them concerning votes of the Board. Mr. Mabee replied that he said local . Upon motion duly made and seconded, it was voted to mail a copy of the minutes of the Selectmen's meeting to any publication of general availability in the Town, which is published in the Town, at the time the approved minutes are included in the book. Mr Adams said we can pick them up at your office when they are ready. Upon motion duly made and seconded, it was voted to sign water Water abatements for the following: Abatements Carlisle Dieter $ 6.08 John Golden 13 33 Air-Base Hanscom Field 6,359 86 Leroy Howland, Jr 46 12 Mr O'Connell recommended that the Board grant permission to the Lions Club to conduct the annual 4th of July celebration at the Cen- 4th of ter Playground on July I - 5, 1971 , subject to the rules and regula- July tions established in 1970, plus one further restriction that we get, Celebration in writing, an agreement from the concessionaire concerning set-up time Upon motion duly made and seconded, it was voted to grant permis- sion to the Lions Club Inc. to conduct the annual 4th of July celebra- tion at the Center Playground on July I - 5 1971 , subject to the concession layout and the operating rules and restrictions established in 1970 and, also, a written agreement from the concessionaire concern- ing set-up time. Upon motion duly made and seconded, it was voted to delete the Bevington Article for the Warrant of the 1971 Annual Town Meeting for the acqui- Article sition for general purposes of the land owned by Alfred J. Bevington and Mary E Stankard. • 361 The Chairman said that a letter is supposed to be coming from the Conservation Commission on its Article for the Bevington land; on the strength of this, we can vote to delete the Conservation Article Conserva- Upon motion duly made and seconded, it was voted to delete the tion Conservation Commission' s Article for the Warrant of the 1971 Annual Article Town Meeting for the acquisition of the land owned by Alfred J. Bevington and Mary E. Stankard, subject to receiving a request for de- letion from the Conservation Commission. Mr O'Connell reported to the Board that he had finally received an answer from the School Department regarding a school employee as a temporary crossing guard on Maple Street at the Harrington School and the answer is no. They are reluctant to use a custodian because of collective bargaining and legal liability problems and feel it is es- sentially a police matter The Chairman asked if he had any recommendation to solve the Crossing problem. Guard Mr O'Connell recommended hiring an additional school guard tempo- rarily. The Chairman asked where would we get the money? Mr O'Connell replied that he would try to do it without the uniform I could talk with Chief Corr and if he has any applicants who are interested in a future position, I could try and get one for three or four months The Board agreed that Mr O'Connell is to talk with Chief Corr. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town or the reputation of a person After discussion of matters of interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 10 p.m A true record, Attest Executive Clerk, Selectmen SELECTMEN'S MEETING January 25, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, January 25, 1971, at 7 30 p.m Chairman Cataldo, Messrs Mabee, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager, and Mrs McCurdy, Executive Clerk, were also present Mr. Legro requested the Board to sign the contract between Crowley Associates, Inc and the Town for interceptor and lateral sewers for Five Fields Five Fields. Sewer Upon motion duly made and seconded, it was voted to sign the con- tract between Crowley Associates, Inc and the Town for interceptor and lateral sewers for Five Fields. Mr. O'Connell informed the Board that he had talked with the titans Club regarding the permit for the 4th of' July carnival Their request July 4th actually read July 1 through July 5, but they intend to operate four Celebra- days July 2 - 5 July 4th is a Sunday and the Lions Club agreed that tion 3 00 p.m. to 9:00 p.m. on Sunday would be satisfactory operating hours What is the Board's feeling? Upon motion duly made and seconded, it was tooted to grant permis- sion to the Lions Club to hold the 4th of July carnival at the Center Playground for four days, July 2-5, including the hours of 3 00 p.m. to 9.00 p.m on Sunday, July 4, 1971 Mr O'Connell reported to the Board that he had received a report from the Building Inspector regarding the Palmer carriage house at 1508 Massachusetts Avenue stating that the building has been made Palmer weather tight and secure, the windows have been boarded up, the roof House closed in and the exterior doors locked so they can't be entered There was no indication of whether interior work has been done but in the judgment of the Building Inspector, Mr Palmer has satisfactorily complied with the protection requirement and feels the owner has at least met that part of his obligation and has met the 10 days require- ment. Mr O'Connell informed the Board that he had received a letter Bowman from Mr. Hargrove asking for $100,000 for the roof at the Bowman School . School I advised Mr. Hargrove that the Committee had been consulted and, to Roof the best of our knowledge, they are not recommending an Article, and for him to pursue the present plans with respect to responsibility and, later on, if it is necessary for the Town to bear the cost., then it would have to be treated on an emergency basis Mr Legro said that there is a provision with the Emergency Fi- nance Committee to spend money if you need it 36:3 Mr O'Connell read a memo from the Comptroller regarding the fire- fighters' hourly and time and a half rate of pay, effective February I , 1971 , stating that to the best of his knowledge a 1970 contract has never been signed with the Firefighters Union The 1970 Personal Ser- vices salary schedule was adopted for them as of April I , 1970; the fact that the Personal Services salary amounts in the 1969 Union Con- tract were on an annual basis seems to indicate that for a weekly basis we would divide by the number of actual weeks in a year and then the weekly rate would be divided by the average weekly cycle, which is 50.4 hours and will be 42 hours as of February I Inasmuch as this appears to be a Board of Selectmen policy decision, rather than a comp- troller mathematical calculation, I look to the Board for guidance. The Chairman felt that 50.4 hours for 52 weeks is the way it should be calculated for the full year. Mr O'Connell said if you made the calculation and that was the basis, what is the base pay for sick leave? The Chairman said that we could get the calculated hourly rate and multiply and come up with a week' s pay Mr O'Connell said the Town would be within its rights if it chose to do it The Chairman said as far as the time and one-half rate is con- cerned, I don't see any basis for changing it Mr Legro stated that he had Said that it was a negotiable item There was no salary base as far as he was concerned, they took the ballot question in their own hands and it is best decided by negotia- tion Mr Greeley asked isn't the State law specific as to what is time and one-half? Mr Legro replied that it is one and one-half times the hourly rate. Mr Greeley asked if they couldn't take the old rate? Mr O'Connell didn't think we could use a different hourly rate to calculate time and one-half, other than what is used for his week' s pay The only commitment I know of is the annual rate quoted in a now-expired contract The Chairman said we set an hourly rate March I ; nothing changed that Mr. Bailey said you didn't set an hourly rate, you set an annual salary Mr O'Connell said if the Board votes to maintain at a rate that corresponds per hour as it was established, you do not have any current obligation to continue that contract Mr Bailey didn't think there should be instructions to the Town Manager to negotiate What was the intent of the townspeople when they voted the 42-hour week? Mr Mabee replied that is a question which you will never get an answer Mr Legro said if you go all the way, it results in a 34% differ- ence, because you are increasing the hourly rate by 17% and the work force by 17% 36 4 Mr O'Connell said if a Private is called back at night, he is paid 111 time and a half and he would get $90 for that night' s duty. The ques- tion I am raising is, if he is called back Mr Greeley said that overtime is based on one and one-half times the calculated hourly rate. The Chairman said we set the rate last April and will set it next April The Referendum said nothing about the hourly rate at time and a half Mr. O'Connell said unless there has been a legal determination that can't be used, the law provides the alternative of time off in lieu of time served. Instead of time and a half, would the Board say it would grant time off in lieu of this? Mr Legro said it was his opinion to follow the procedures that have been followed for years on straight time. The man could volun- teer for extra duty; except for a serious fire - then, they are re- quired to work If they volunteer for extra hours, and say so, I see nothing in the law that is mandatory that time and a half be paid We have 90 days from November 3 and the matter can be resolved by negotiation. Mr Bailey questioned that straight time might be adequate Mr. O'Connell said that based on what Town Counsel says I will withdraw to see how we make out We have to make a decision on or about February I and we are meeting with them tomorrow. The Chairman asked Mr O'Connell if he had been paying much over- time? Mr O'Connell replied, not currently, it is being kept under good control by the Chief Mr O'Connell is to meet with the Firefighter' s Union and report back to the Board Mr O'Connell informed the Board that he had received a telephone Girl Scout call from Mrs. Ross requesting that the Girl Scouts set up a table Cookie Sale somewhere in Cary Hall to sell cookies on the evenings of Town Meetings The Board agreed that permission should not be granted for the sale of Girl Scout cookies during Town Meeting Upon motion duly made and seconded, it was voted to sign Common Common Victualler licenses for the following (approved by the Board of Health) Vict Licenses Minute Man Buffeteria 316 Marrett Road Woodhaven Country Stores, Inc. 424 Marrett Road The Chairman read a letter from Frederick J Conroy as a member of LCSR Resig- the Lexington Commission on Suburban Responsibility, representing the nation Chamber of Commerce. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Frederick J Conroy as a member of the Lexington Commission on Suburban Responsibility, representing the Chamber of Commerce. 365 Upon motion duly made and seconded, it was voted to approve the IIIbonds for Deputy Collectors Paul E Kelley and John J. Furey, in the Bonds amount of $2,500 each The Chairman read a letter from Attorney General Quinn enclosing Copper a check for $718.83 as third payment on the settlement of the Copper Piping Piping cases. Check Upon motion duly made and seconded, it was voted to sign the am- Ambulance bulance abatement for DPW Town employee, William White, in the amount Abatement of $10 00 Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen' s Meetings held on December 21 , 1970 January 11 Minutes and January 18, 1971 The Chairman read a request from Charles E. Wesinger, Jr , 38 Walnut Street, Arlington, to purchase the tax title lot No. 2 Reed Tax Title Street, in the amount of $ 1,000. Wesinger Upon motion duly made and seconded, it was voted to refer Mr Request Wesinger' s request to the Planning Board for a recommendation. Upon motion duly made and seconded, it was voted to sign the no- Notice of tice of intention to lay out Worthen Road from Marrett Road a dis- Intent to tante of 1470 feet, more or less, northwesterly to Sherburne Road. layout Upon motion duly made and seconded, it was voted to hold the Worthen Rd street hearing for the purpose of making and establishing said exten- Date for tion and layout and hearing all parties interested, in the Bird Room, Street Cary Memorial Building, on Monday, February 8, 1971 , at 7 15 p.m Hearing The Chairman read a request from the Tax Collector to abate the uncollectable 1969 ambulance bills, in the amount of $359 Abatement Upon motion duly made and seconded, it was voted to grant the for request of the Tax Collector and sign the abatement of the uncollect- Ambulance able 1969 ambulance bills. Bills The Chairman read an invitation from the Director of Middlesex County Hospital to attend a strategic planning session on Saturday, Middlesex February 6, 1971 , at 10 00 a.m at the hospital . County The Board agreed that the Town should be represented and Mr. Hospital O'Connell is to make arrangements for the Board of Health to attend and to send Donald Nickerson a copy of the invitation The Chairman read a letter from the MBTA regarding the 1971 Ser- vice Reduction Program. MBTA The Board agreed to write to Lincoln P Cole, Jr. and request that he meet with us to discuss the effect on the Town' s service Lpon motion duly made and seconded, it was voted to sign the Water water abatement for Frederick Munn, $20 90, owner sent in wrong read- Abatement read- ing 366 The Board idscussed the dates for the Selectmen' s Meeting during Selectmen's February and agreed to meet on Tuesday, February 16, as Monday is Meetings celebrated as Washington's Birthday, and to meet on Monday, February 22 The Board agreed to meet on Saturday morning, January 30, at 9 00 a.m, to discuss budgets. The Chairman informed the Board that a letter has been received from the National League of Families of American Prisoners and Missing in Action in Southeast Asia- Massachusetts Chapter, requesting ( I ) adoption of a proclamation declaring the week of January 24, 1971 as POW Prisoner of War Week; (2) urging all places of worship to say special prayers for these men on January 23 or January 24; (3) urging schools and civic organizations to call meetings to hear personal account of a POW and to promote writing and collecting of letters; (4) convincing all citizens to write a personal letter to treat our prisoners in ac- cordance with the Geneva Conventions. The Board agreed to refer this to the Council of Churches and to Veterans' organizations The Board discussed the vote of January 18, 1971 to notify the Revenue- Congressional Delegation that the Board of Selectmen supports the pro- Sharing posed revenue-sharing programs Program Upon motion duly made and seconded, it was voted to rescind the vote of January 18, 1971 to notify the Congressional Delegation that the Board of Selectmen supports the proposed revenue-sharing programs. The Chairman read a report from the Traffic Committee, regarding Traffic a traffic light at the intersection of East Street and Lowell Street, Light East that traffic counts will be undertaken and evaluated for this inter- Street & section to determine whether and what type of traffic signal is Lowell warranted. The Traffic Committee will then recommend action by the Street Board of Selectmen, such as the approval of an application to the State Department of Public Works. The Board agreed to request the Traffic Committee to make this evaluation as soon as possible. The Chairman read a report from the Traffic Committee, regarding a traffic light at the intersection of Waltham Street and Concord, that traffic surveys by the Engineering Department indicate the inter- Traffic section meets the numerical warrants for a flashing signal and is so Light close to meeting the requirements for a full pre-timed signal that we Waltham St. expect it to be eligible by the time a signal is installed, due to the Concord normal annual increase in traffic The Committee recommends that the Avenue Board vote to approve the application for a full traffic signal; the necessary documentation will be prepared and submitted by the Town Engineer The Board agreed to request a definite evaluation and recommenda- tion before proceeding any further with the State Department of Public Works I e ray` The Chairman read a report from the Traffic Committee, regarding the abandonment of Clarke Street, that the Committee initially sees no serious objection to the discontinuance of Clarke Street at least as Abandonment far as the Medical Center and possibly to Raymond Street. However, of further study is needed to evaluate the effect of abandonment on the Clarke St overall traffic pattern in the Central Business District and to consi- der other changes which will become necessary, such as the rearrange- ment of one-way traffic and the provision of turn-arounds. The Committee hopes to submit a more detailed evaluation and recommendations within a few weeks The Board agreed to request a report from the Traffic Committee before Town Meeting. The Chairman read a report from the Traffic Committee regarding the bus stop at Tewksbury Street, that the Committee is not in favor of consolidating the Hill Street and Tewksbury Street bus stop at Shirley Street. While this may bring the stop a little closer to some residents of Greeley Village, it will, at the same time, inconvenience a number of bus riders from Hill Street, Revere Street, and Tewksbury Shirley St Street, including some of the Greeley Village residents located near Bus Stop Tewksbury Street. As we understand it, the principal problem is the condition of Tewksbury Street which is inconvenient for taxicabs and cars, rather than the walking distance to a bus stop. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to leave the bus stops at Tewksbury Street and Hill Street and to so inform the petitioners from Greeley Village. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or vot- ing on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the repute- Executive tion of a person. Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 57 p.m. A true record, Attest J/ ' )27 ^ (�Jv 127 j1P- Executive Clerk, Selectmen 368 SELECTMEN'S MEETING February I , 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, February 1, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Greeley and Bailey were present Mr. Legro, Town Counsel , Mr O'Connell, Town Manager and Mrs McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, four jurors were drawn as follows Jurors Harold D Casson, Jr. 15 Chadbourne Road Paul Stetson 33 Hancock Street John B Heaney 570 Marrett Road Pedro Lilienfeld 28 Demar Road The Minuteman Regional Vocational Technical School District Plan- ning Board met with the Board Mr. Vernon Page presented the Board with the signed agreement between the Towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lincoln, Sudbury, Stow, Wayland, Weston and Lexington with respect to the establishment of a technical and vocational regional school district. Mr Page said that the question goes on the ballot and it takes Vocational a majority vote of Arlington, Lexington, Concord and Belmont. Technical The Chairman said that there is an Article in the Warrant; how School much money is involved? Committee Mr. Page replied, about $5,000 If all the Towns accept it, the figure will be lower. The site will have to be within a radius of five miles from the center of the district; this will be near the intersection of Route 2 and Bedford Road, Lincoln. The Chairman asked if they were seriously looking at any site? Mr Page replied that this Committee has no authority and we just assure the State there is one within that radius. If only the four major towns accept it, it is still within the same site radius; the school is out if all of the four towns do not accept it The Chairman said it could end up within four miles of the center of Lexington Mr. Page agreed. Mr Bailey asked if there is any flexibility if the other towns don't come in on it and there would be a lesser number of pupils? Mr Mollo-Christensen replied there is nothing in the proposed agreement for the size of the school, the recommendation is for 1500 pupils Mr. Greeley said the number of pupils is based on 10% of the school population? I :369 Mrs Wallace replied, yes It has happened before that a school opened with 1,000 pupils and that school was too small Mr. Mollo-Christensen said if the school is bigger, it offers a broader curriculum and can attract a tough superintendent. It is hard to find a good superintendent because the State says he must have eight years as a journeyman plus a teacher' s certificate. The Chairman said that the Board will discuss this at our meet- ing on next Monday evening and take a position The Vocational Technical School Committee retired from the meeting The Chairman informed the Board that polling hours on March I must be set Poll Hours Upon motion duly made and seconded, it was voted to set the poll- ing hours on Town Election Day, March I , 1971 at 7 00 a.m. to 8 00 p.m Upon motion duly made and seconded, it was voted to sign the War- Sign rant for the 1971 Annual Town Meeting on March 15, 1971 . Warrant The Chairman said that the Board will recommend to Town Meeting that the adjourned meetings will start at 7 30 p.m., the opening Town meeting is to be at 8 00 p.m on Monday and to recommend the following Meeting Wednesday and each Monday and Wednesday thereafter The Chairman read a request from the Airport Suburban Limousine Service, Inc , Framingham, for a permit or license to operate over the public ways of the Town to pick up and/or discharge passengers at a Permit business or motel The Chairman said that a license is required and we will write and ask for the route and the stops. The Chairman read a letter from Mrs. Bahls, 565 Marrett Road, re- garding the installation of a sidewalk on Marrett Road from Lincoln Street to the Old Res. Sidewalk After discussion, the Board agreed to request the Acting Superin- Request tendent of Public Works to make arrangements to have the area plowed by the sidewalk plow and to request the Traffic Committee for a recommendation on the priority of the sidewalk program. The Chairman read a request from the Greek Orthodox Church for a permit for the Annual A.A U. Ten Mile Road Race from the Minute Man Memorial to the Arlington line and, also, for a Police cruiser escort Annual on Sunday, March 21, 1971 at 12 00 N. A.A U. Upon motion duly made and seconded, it was voted to grant permis- Race sion to the Greek Orthodox Church of Cambridge for the Annual A.A.U. Permit Ten Mile Race to commence at the Minute Man Memorial to the Arlington line, with a Police cruiser escort, on Sunday, March 21, 1971 , subject to the starting time being approved by the Town Manager and the Chief of Police 37 The Chairman read a request from the Arts & Crafts Society to hold "Meet the Artist" day on Sunday, May 23, 1971 , from 12 00 N. to 6 00 p.m. on the Buckman Tavern grounds; also, to hold the annual outdoor exhibit on Sunday, October 3 (rain date of October 10) from 12 00 N to 6 00 p.m , with set-up at 10.00 a.m., on the Buckman Tavern grounds. Buckman Upon motion duly made and seconded, it was voted to grant per- Tavern mission to the Arts & Crafts Society to hold "Meet the Artist" day Grounds on Sunday, May 23, 1971, from 12 00 N. to 6 00 p.m on the Buckman Permit Tavern grounds; also, to hold the annual outdoor exhibit on Sunday, October 3 (rain date of October 10, 1971 ) from 12 00 N. to 6 00 p.m with set-up at 10 00 a.m. , on the Buckman Tavern grounds, subject to the restrictions of the Acting Superintendent of Public Works. The Chairman read a request from the Bedford-Lexington branch of American Association of University Women to hold a used book fair on Saturday, May I , 1971 (rain date of May 8) in front of the Visitors' Permit Center. Upon motion duly made and seconded, it was voted to grant per- mission to the Bedford-Lexington branch of American Association of University Women to hold a used book fair on Saturday, May I , 1971 (rain date of May 8) in front of the Visitors' Center. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting of January 25, 1971 . The Chairman read a letter from the State Department of Educa- tion regarding support of House Bill No 1320 to provide financial Meeting assistance to a city or town in the construction of a school in said city or town or regional school district in order to eliminate or reduce racial imbalance in another city or town The Board was invited to attend a meeting on February 8, 1971 to discuss this bill . No member of the Board was able to attend the meeting and the State Department of Education is to be so informed. Upon motion duly made and seconded, it was voted to sign the water abatement for the following Abatements R Holge Nelssen $213.05 Gears jammed in meter Arthur McGill 1 .84 Wrong billing Mr Gallagher and Mr Bond of the Recreation Committee met with Center Pool the Board Article The Chairman said that the Board would like to discuss the pool and the Articles in the Warrant. Mr Gallagher thanked the Town Manager for getting the pool in the Warrant. The Chairman said that the Town Manager and Town Engineer have reported to us there are three ways to go. 371 Mr Gallagher said that the first is nothing more than a stop-gap and would just put the pool back together Our rationale is, we feel we have a major pool in the capital expenditures' proposal . The Chairman asked if he meant a request for $ 11,500? Mr. Gallagher replied, yes, plus a factor to take care of any contingency; there is no actual figure on what that would entail . We feel that time is of the essence and if we were to really consider the 3rd alternative, we couldn't have a pool this summer, and that has a bearing on our decision It is essential to have it and the only way to do it, is to repair the present pump and filtering system and to repair the major leaks. Mr Greeley said that the next alternative would be a job of re- building. Mr Gallagher said that would mean to cut out and patch all the defective concrete, to repipe and install the main drain and pipe the filtering system to the wading pool Mr. Greeley asked if this would be in the order of $40,000? Mr Gallagher replied, yes It would be roughly $56,000 to do the 3rd alternative and completely rip out the pool We have discussed a new pool and we might put it in the immediate area and abandon this one Mr Mabee asked if there wasn't a pool included in the master plan for Harrington School? Mr. Gallagher replied that there was; we had a study on having an all-seasons pool Mr Mabee asked if the Committee is still recommending the pool for Harrington? Mr. Gallagher replied, eventually It would be necessary to re- study because of the new school Mr. Mabee said that you are recommending a stop-gap measure for the center pool but not recommending a pool for Harrington Mr Gallagher said we are talking about a new pool Mr Bailey asked how long would $ 11,000 hold the pool? Mr Gallagher said that the pool is 40 years old and, as I under- stand it, the piping system is the major part of these repairs, and we can make the pipes tight As you know, they have been spending a lot of money on the filtering system and it has been losing a lot of water. Mr Bailey said that he and Mr. Greeley felt if we lay out $ 11 ,000 now, next year you might come back for $60,000. Mr Gallagher said that the pool would be good for five years The Chairman said that Mr McSweeney said three years Even if we started the mechanics for a new pool , it would take three years. We have to do something to keep 4 pool going Mr Gallagher said that we know another pool is needed; with the future requirements of the Town, this one would not be adequate and, also, this year we want to be ready for the summer. Mr. Greeley asked if their timing on the pool is one that requires any action, even for plans, this year? Mr Gallagher replied, no The Chairman said that this is a step in the right direction. As a ' presentation to the Appropriation Committee and Town Meeting we have asked you for the amount of money and the work you would do ms's The Chairman said that Recreation has four Articles in the War- rant Three are on play areas on Freemont Street, Eldred Street and Oxford Street; and we have inserted the Article on the construction of the horse riding ring Do you have any thinking on where it should or shouldn't be? Mr Gallagher said we have given it serious thought and narrowed it down to the Hennessey land and Wil lards Woods. Mr Gallagher informed the Board that the Recreation Committee is upset, we had a number of Articles and we don't think we should go through the mechanics of working them up and not have some say on the order of priority The Chairman said that the only Article we didn't insert was Harrington Mr. O'Connell said that he took exception, as on each one of these projects, he had reviewed with the Committee each project form submitted and discussed the priority, they had been reviewed with the Capital Expenditures Committee and the Town Manager made them available to the Board and the decision was made to delete Harring- ton' s court, not on the basis or priority but because it made no sense to build it as a project but as an integrated plan The others were the walking and cycling paths and no plans were sub- mitted on design We were informed of the majority of priorities asked by the Committee and they were considered and the Board made the decision on that basis The Chairman said there was no question we discussed your com- Recreation plete list of requests and if the Town Manager recommended the list Articles as you submitted it we felt we shouldn't spend any more money at Harrington without a master plan on an area that has to change Mr Gallagher agreed The Chairman said that the only other one was the cycling and walking paths; everything else you submitted is in the budget or the Warrant Mr Gallagher said we submitted eleven; there would have been twelve if we had the swimming pool and we do thank you for putting that in We had tot lots, also The Chairman said that there was $6500 in Article 4 for them We submitted every one you asked us to As you know, every year before we go to Town Meeting, you receive notification of what is approved by the Board and the Appropriation Committee and we will sit with the Appropriation Committee on Saturday morning to reach an agreement We got your Articles in and for you to say you are not getting a fair shake is not a good situation Mr O'Connell has worked very hard for you and everything has been completely explained You got everything in the Warrant but Harrington and the cycling and walking paths. I think you have been given more than fair con- sideration. Mr Gallagher thought the Committee should still set our priorities I 373 The Chairman said that as you know, under the Town Manager-Selectmen Act, the Recreation Committee is responsible to the Town Manager. What he wants to accept from you and recommend is his business We did every- thing by the book everything that you wanted to set up For us to sit with you over the Town Manager, I won't do it Mr Gallagher said he was not asking for it The Chairman said that Mr O'Connell accepts his responsibility. Mr Greeley said that at the time the Recreation Committee has a chance to express their priorities, I would hope and expect the Town Manager would go to the Board and include them and tell us whet they are. I think neither the Board nor the Appropriation Committee has an obligation to accept what the recommendations of priorities of the Recreation Committee are We had no indication from the Committee of what the priorities were. The only items we didn't include were those not ready for action and, therefore, we would have to leave them out, regardless' of priorities. Mr O'Connell asked what changes the Recreation Committee would make? Mr Gallagher said we were after the principle not specifics We had been told by one major board to submit them either/or citizens' articles. I think the way to do it is the way we did it. We are not saying we are, not getting cooperation but we should be able to say what our priorities are if we go through the deliberations of develop- ing the concepts. Mr. Greeley agreed the principle is important You come in with them, including the three tot lots and I would hope another year if you come in, you would recommend your priority If the Town Manager doesn't agree with it, he doesn't have to. Mr Gallagher said, philosophically, we think it is important. Mr O'Connell said he would remind the Recreation Committee, on discussions, they said first priority was in playground improvement and, out of the Articles in the budget, something like $15,000 is being allocated to playground improvement Mr. Gallagher said that we have others Mr O'Connell said he would call attention to the fact that the Recreation Committee requested them as projects Mr Gallagher said we asked for priorities at a later date. Mr. O'Connell said he would like to submit that we have followed the priorities you established The Chairman asked what they didn't get? You got Senior Citizens. Mr. Gallagher said we inherited it The Chairman said you asked for $750 and you got $ 1,000 for Senior Citizens Mr O'Connell said that we followed the list. Mr Gallagher said that we are asking, philosophically, if we give, an item high priority and if the Town Manager says no, we want the other Boards and Committees to know we had done this. Mr O'Connell said he would point out that the Board, Capital Ex- penditures and the Appropriation Committee are first given a list. 374 The Chairman said that the budget that comes to us is the Town Manager' s budget and everybody has to accept this fact. Mr O'Connell said that the material as submitted was sub- mitted in the order of priority. Mr Gallagher said we thank you for the consideration of the pool and we hope you see fit to follow the recommendations. The Chairman said our recommendations are all in, either in Account 6000 of Article 4 or a separate Article. Mr Gallagher asked when will it be published? The Chairman replied when it is approved by the Appropriation Committee, each department will be notified Mr Greeley asked about the cycling paths Mr Gallagher said we had hoped to pick an area through Town own- ership or Conservation land; completely compatible with Conservation concepts. Mr Greeley said that they ought to get what help they can to get this in a plan that is concurred with by Conservation rather than ask Town Meeting to endorse the principle Mr Gallagher and Mr Bond retired from the meeting Mr O'Connell informed the Board that he had met with Dr Fobert School and Mr. Maclnnes to discuss their incineration problem in the schools Incineration They are leaning toward making limited installations of gas after- burners as the State might reach the point where incineration might not be allowed The School Committee is discussing it tonight Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest d4)/ )2-- Executive Clerk, Selectmen I 37) STREET HEARING LAYOUT OF WORTHEN ROAD February 8, 1971 The Board of Selectmen held a hearing on the layout of Worthen Road in the Bird Room, Cary Memorial Hall , on Monday evening, February 8, 1971 at 7 15 p.m. Chairman Cataldo; Selectmen Kenney and Greeley; Mr. McSweeney, Town Engineer, Mr Martin, Assistant Town Engineer and Mrs. McCurdy, Executive Clerk, were present The Chairman declared the hearing open at 7 15 p.m. The Chairman said that this is a legal hearing to lay out Worthen Road from Marrett Road, a distance of 1470 feet, more or less, north- westerly to Sherburne Road. The abutters have been legally notified Lexington Associates, Inc , Walter E. Steeves, 36 Highland Avenue, Alice E. Ashley, 39 Highland Avenue; Rosamond J Ashley Savage, 39 Highland Avenue Mr. Worrell , member of the Planning Board, said that the plan shows a 44 ft pavement, is it 30 ft. up to that? Worthen The Chairman replied that it is shown as 44 ft. to meet the 30 feet Road pavement. Mr. Walter Steeves introduced his partner, Mr Burton Faulkner. Mr. Steeves asked if there wer any more specific plans, such as grades and sewers? The Chairman replied there would not be sewers We wrote you that we would want to take part of the land adjacent to this layout We are asking Town Meeting for the authority to take this land As we see it, no houses will be built on this section and, therefore, there will be no water or sewer Mr. Steeves said that he objected strenuously because the Town took their access and now on Worthen Road you are blocking us off with no frontage; you are ruining the whole 15+ acres which will be worth- less. You are making us into backland; we would be stuck with all this property with no frontage, just a couple of connections. The Chairman asked if he had a potential layout? Mr Steeves replied, yes, if we had our frontage which was promised, we supposed you would be putting in sewerage. The Chairman said we propose to construct the road and propose to take the land on each side and we don't see the divverence in designing the subdivision. You have the same flexibility. Mr. Steeves replied that if someone came in to get permission to have a garden-type development, we would have to say there is insuffi- cient frontage. We don't want to be restricted to put in single house lots. We have held this land for 15 years; now, this is a culmination of our efforts and it almost seems like the Town is taking steps to block us off 376 The Chairman said, as I understand it, you have no objection to us building the road? Mr Steeves replied, no; we go along with the road but would like some sort of sewerage, I can't see why the Town wouldn't im- prove this property by taking it with sewerage When we agreed for the Town to take it, the piece of property which we haven't been paid for, we were told when we discussed it not to worry about Worthen Road and would have frontage, which is important when you develop a piece of land. How would we know in the future if it is wide enough or not. The Chairman said you have been notified to apply for payment. The money has been appropriated and just laying there. We have no objection to paying you if you make the proper application The Chairman asked, for the record, what is your position? Mr. Steeves replied, I can't say we are for it, so we are against it. Mr. Walter Steeves and Mr Burton F Faulkner of Lexington Asso- ciates, Inc., were recorded in opposition The Chairman asked if their position is that they are opposed to the construction of the road in any condition? Mr. Steeves replied, no; we are opposed until agreement is reached and we have frontage protection and feel the Town should install sewer- age. Now the Town is putting in a new road, why not put in a sewer? The Chairman replied, if developed, you are right Mr. Steeves said, we have plans Mr. Greeley asked if he would put in a road? Mr Steeves replied, no Worthen Road is for the good of the entire community; this is a through street, it is not a develop- ment road. The Chairman asked if he wanted to sell the whole parcel to the Town? Mr Steeves replied, yes, for the right price. It was listed with real estate brokers and the only objection we had by potential purchasers was this. Listed at $ 125,000 for 15 acres and if the sewer was in there, it would be worth it. I would ask if you con- template putting in a school? The Chairman replied that the Cotton land was bought for the school The Chairman said these are two different issues ( I) the road and (2) the issue of adjoining lands and how they are treated. As of now, we are looking for this side to be Conservation and we are giving you guaranteed open space. As far as the road is concerned, you object unless we consider putting in the sewer? Mr. Steeves and Mr. Faulkner replied, yes, and give us access. Mr. Steeves said he would like the record to show that he would sell the land to the Town, in a friendly manner, for $125,000 I 377 Mrs Alice Ashley was present and the Chairman asked her if she had any questions Mrs. Ashley replied in the negative No one appearing in favor of the layout, the Chairman declared that part of the hearing closed Recorded in opposition to the layout of Worthen Road Walter E. Steeves and Burton F Faulkner of Lexington Associates, In Nyles N. Barnett, 142 Worthen Road, said he could see no need for the town to build the extension The Chairman declared the hearing closed. The Board will take it under advisement. Later on in the Selectmen' s meeting, Attorney Robert Clifford, representing Mrs Ashley, asked to be recognized Attorney Clifford was recorded in opposition to the plan for the time being. The Chairman advised him to contact Mr O'Connell as soon as pos- sible, to discuss the matter A true record, Attest Eleanor M McCurdy Executive Clerk I 37b SELECTMEN'S MEETING February 8, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, February 8, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney and Greeley were present Mr Legro, Town Counsel ; Mr O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to install one pole on Spring Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer. Mr. Pratt representing the Boston Edison Company, and Mr Dunn, representing the New England Telephone Company, were present. Spring St Mr Pratt said that this request is to locate a pole with a bad- Pole Loca- break switch; in case of a break in service, we could switch to the tion Waltham side of the service. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and' seconded, it was voted to approve the following location Spring Street, westerly side, approximately 85 feet north of Hayden Avenue, -- One ( I) pole Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to install one pple on North Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer. North St. Mr Pratt said that this request is for the relocation of a pole, Pole Loca- at the request of Mrs. Mason, 40 North Street, to clear the driveway. tion No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following location North Street, northeasterly side, approximately 2,457 feet north- west of Adams Street, -- One ( I ) pole (one existing JO pole to be removed) 1 379 Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to install one pole on Hillside Terrace. Notices of the hearingwere mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr. Dunn said the petition is a request to relocate a pole on the property line. Mrs. Nola A DeWolfe, 7 Hillside Terrace, waspresent and said the pole is on the corner of our driveway and everyone who drives out of the driveway hits the pole. If the pole is relocated on a patch of lawn about 4 ft wide, we couldn't hit it. The Chairman asked if anyone was in favor of this petition? A letter from Mrs. G.C. Turner, 9 Hillside Terrace, was submitted Hillside in favor of the relocation. Mrs. Turner was recorded in favor of the Terrace petition Pole No one appearing in opposition, the Chairman declared the hearing Location closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Com- pany for the following location Hillside Terrace, westerly side, approximately 165 feet north of Ledge lawn Avenue, -- One ( I ) pole (one existing JO pole to be removed) The Chairman informed the Board that a recommendation has been re- ceived from the Planning Board in response to a request from Charles E. Wesinger, Jr., 38 Walnut Street, Arlington, to purchase tax title lot No. 2, Reed Street, for $ 1 ,000. According to Mr Wesinger Lot No 2 is located on Reed Street, bounded on one side by Thomas Tansey, who is willing to sell his lot to me, and on the other side by Orchard Street Our intent in buying said lot is to build a one family dwelling . If permission to build is not granted, I would withdraw my offer The Planning Board' s letter states that lot No 2 is not bounded Tax Title by Orchard Street but is located one 25 ft. wide lot away Even if Wesinger this lot were combined with the adjacent 25 ft Tansey lot, the result- Request ing 50 ft. lot would have an effective width of only 22 5 ft. available for building due to the 20 ft setback from Orchard Street. This would result in a sub-standard lot and house not considered satisfactory by the Planning Board Upon motion duly made and seconded, it was voted to deny the re- quest of Mr. Charles E Wesinger, Jr., to purchase tax title lot No.2, Reed Street, in the amount of $ 1 ,000 Mr. Mollo-Christensen of the Minute-man Regional Technical Voce- Vocational tional School Planning Committee came into the meeting and said that Technical they are requesting $4, 120 at Town Meeting as the Town' s share of the School $20,000 expenses, to be divided among the other participating towns 3bU approval only Arlington, Belmont, Concord and Lexingtonvo e t pp roval of the plan, our share would be higher and we can ask for an amendment on Town Meeting floor when we know how the other towns vote. Mr Mollo-Christensen retired frau the meeting The Chairman read a letter from residents of Grant Street regard- ing traffic conditions on Grant Street, above and below Sherman Street; there is no sidewalk and because of snowbanks, the children walk in the street. The Chairman said that one again, this is the complaint because we Grant St have allowed parking on both sides of the railroad bridge and the Parking Traffic Committee has looked at this more than once. Mr Kenney asked about the Post Office employees parking there. The Chairman said they can't park in the Post Office lot as there is no room for them Mr Kenney asked if we have to make it a no-parking zone? Upon motion duly made and seconded, it was voted to request the Traffic Committee to evaluate the Grant Street area and submit the recommended language if a decision is made by the Board to remove this parking zone from our traffic rules and regulations The Chairman read a letter from Mrs Freier, 12 Demar Road, re- garding traffic conditions of Robinson Road in that children walk to school via Demar Road, Turning Mill Road and Robinson Road and these Robinson roads are the last to be plowed and seem to be sanded only if Public Road Works is called. Mrs. Freier recommends a plowed sidewalk; widening Traffic of Robinson Road; some restriction to the flow of traffic on Robinson Road, close off Robinson Road, except to residents, during certain hours Mr Mabee said this is a bad road and there is poly one solution and that is to widen Robinson Road and put in a sidewalk; a tremen- dous number of children use it to get to school . The Board agreed to request the Traffic Committee to set up a meeting with the residents of Robinson Road, Demar Road and Turning Mill Road to discuss the possibility of alleviating the problems of the area A letter will be written to Mrs Freier that the Traffic Commit- tee Chairman will contact her to set up the meeting Upon motion duly made and seconded, it was voted to sign a Common Victualler license for the Lexington Golf Club (renewal) Lexington Upon motion duly made and seconded, it was voted to sign a Club Golf Club Liquor license for the Lexington Golf Club (renewal); hours are 11 30 a.m. to 6 00 p.m., Monday thru Thursday, II 30 a.m to 10.00 p.m., Friday and Saturday; 1 00 p.m. to 10.00 p.m. Sunday Liquor Upon motion duly made and seconded, it was voted that Package Stores Washington' s are to remain closed on Washington' s Birthday, Monday, February 15, 1971; Birthday motels and clubs may serve liquor during the usual holiday hours 381 Mr. Legro, Town Counsel , came into the meeting at 8 00 p.m. I Mr Kenneydiscussed the vacancyon the Committee on Air Pollution. The Committee still feels it has a reason to continue until the final Air State standards are accepted. Five nominees have been submitted and it Pollution is recommended that M Louis Arin, 128 Maple Street, be appointed a mem- Committee ber of the Committee. Upon motion duly made and seconded, it was voted to appoint M. Louis Arin a member of the Committee on Air Pollution Mr Greeley discussed a letter in the Minute-man regarding multi- ple tow truck responses after an accident, there seems to be compettion racing to the scene of the accident The Chairman said that we have been wrestling with towing for the last three or four years and there is no answer; the main thing is to get the cars off the street Mr. Greeley felt that when the police cruiser gets to the scene, Towing the officer would know how many wreckers are needed. Policy Mr O'Connell said that some firms try to respond, hoping the police will want to get the vehicle or vehicles out of the way. Mr Greeley said he was questioning whether the first one there gets the business. The Chairman said if you are involved and you want a wrecker, you can have any one you want III Mr O'Connell asked if the Board would like a statement prepared on the Board' s policy? The Board agreed that Mr O'Connell is to prepare a statement for publication in the Minute-man Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters, which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Planning Board met with the Board. Mr. Lund said that we would like to discuss the Muzzey Street- Clarke Street parking situation. Basically, the situation is we can't Clarke I do anything with Mrs. Carroll and the Lexington Federal Savings Bank; Street everybody else is amenable. We would propose to go ahead for options Parking and nominal sums for the back lots of the Medical Building and the Goldberg Building which is under construction off Muzzey Street, and we hoped to get an easement partly from them and partly from Mrs Carroll; I understand there are 12 ft available which would serve as an entrance to the parking Jot The Chairman asked if back of the Medical Building is paved? Mr Worrell replied that most of it is paved. 382 Mr. Lund said that the Doctors are most amenable to anything we propose for expansion purposes; to sell and move it somewhere else limits the use of other building and expansion possibilities. The Chairman asked what happens with Mrs. Carroll and the Bank? Mr. Lund replied that, basically, as far as Mrs. Carroll is concerned, we feel we shouldn't let the fact that her Counsel doesn't talk with us to affect the rest, when she is willing to talk with us. . . Mr Lund showed a map of the area and pointed out the Lexington Federal Savings Bank lot He said they are unwilling to enter into any kind of agreement as they want it for their own customer pur- poses. We propose to do it without Mrs Carroll and the Bank; to acquire a 12 ft easement on the Goldberg piece behind the building; the Goldberg property would give the Town access and ownership Mr Greeley asked how many parking spaces would there be, exclud- ing the Lexington Federal Savings Bank? Mr. Zaleski replied there would be 100 parking spaces, including parking for the Library Mr Worrell said the Library would take 35 spaces for themselves, to have it laid out to have a separate entrance from Clarke Street to get on the other lot. Mr. Brown asked if it were a firm position on the part of the Library? Mr. Mabee replied that is fust part of the specifications. Mrs Brown said the position of the Doctors is interesting; they don't contemplate parking for the secretaries and themselves but would rather be coordinated in the municipal lot and find other spaces for themselves The Chairman asked what would this do for the Town? I see a substantial number of headaches in construction costs without any great benefits. Mr Lund said that the Town would be getting from Goldberg and the Medical Building a substantial piece of land. We think the land should be acquired for a nominal consideration for a municipal park? ing lot; in the long range, it would be needed for this block. The Chairman asked what would it do for the Town at this point? Mr Lund replied that the Town acquires the land at a cheap price and holds it. The Chairman asked who polices this and who maintains this once the Town owns it? Mr. Clarke replied that we would have to make interim arrange- ments. Mrs. Brown said that the Town could put meters in. The Chairman said that his point is, why not enter into an agree- ment and when you get the rest of it then acquire the fee in this. Mr Lund said that the Doctors are very flexible to any arrange- ment. The Chairman said that once we are zoned, we are in the soup. We have to go in here and rebuild this; if not, we end up with another Harvard Trust lot Mr Worrell thought it exceedingly short-sighted if we don't take the opportunity to get the land for practically nothing. The Chairman asked, you don't think it would change under the existing zone? Mr. Worrell said that the Library people could park there just as well as patrons of the business. It is not a handout to business people, it is a benefit to the community. The Chairman stated that he was asking if - are we prepared? Mr Brown said we are giving you something free Mr. Lund said that the Town could acquire under long term options Mr Greeley asked Mr. Legro how long would they give it to us? Would they give it on a five year option? Mr Legro didn't know how long they would give it to us He said if you are asking do I think a five year option would be binding, I would answer, yes. Mr. Greeley felt there is a real advantage to an option rather than wait until we are going to do something with the property and we would hope to consummate some kind of arrangement with the Carroll property and get a long range option. Mr Lund said we could have a vote in Town Meeting to sign the op- tion and for the Town to exercise the option and not until we need it The Chairman asked about zoning? Mr. Lund said you wouldn't ask for the rezoning Mr Lund said Mr. Legro could draw the option to have it exercised U prior to Town Meeting .. Mr Mabee said he had reservations. Mr. Greeley said he would be opposed to changing it for parking The Chairman asked what is the hurry to do this? What is the thrust to get this accomplished"! Mr Lund said we had a lot of questions from the Doctors to sell the building because it is inadequate and we would like to assist them in setting up an adequate building. It can't be done as far as expan- sion because of the present zoning and they can't sell the building because of present zoning This would be a net gain to the Town. Mr Zaleski said it depends on the area and the shape In that event you would get 20 or 30 spaces Mr Greeley said the net gain to the Town is avoiding getting into the position of owners getting into zoning. Mr Worrell said that this is in the long range plan. The Chairman said that no one would question it if you came in and said this is what we are going to do. To do it piecemeal and ac- cept the responsibility for this area without knowing what to do with the rest.. Mr. Worrell said that Mr. Zaleski has drawn up plans showing what we can do with the land; we would then have it, excluding the Bank and Mrs. Carroll . The Chairman said that no one knows how this library facility is going to be designed or utilized. Mr. Lund asked do you want to wait? Why would it hurt the Town by having an option on this? 384 Mr. Mabee said he had reservations about going the option route and rezoning; but if you go to Town Meeting with rezoning and the option exercised, he would like to do the rezoning at the same time we get the options exercised. He has reservations just as Mr Greeley does and questions if that is going to be adequate for the building that is there He just didn't think things are going to- gether Mr. Worrell said to Mr Mabee that, essentially, you are adopt- ing the original plans of the Planning Board of acquiring it The Chairman said we are saying you are in a tremendous bargain- ing position now before it is rezoned. Mr. Lund said that is why we are going it now Mr. Worell said it is good practice to acquire land when you get it The Chairman said if we could leave it there until we want to build it, I would say, yes. Mr. Greeley asked are you content that a 12 ft. way access from Muzzey Street is wide enough? Mr Lund replied, yes. Mr Greeley asked where do you put the snow? Mr. Lund said that it could be pushed through somehow. The Board agreed to discuss the matter. Mr. Lund said that we would like to know your views The Planning Board retired from the meeting Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10.20 p.m. A true record, Attest Executive Clerk, Selectmen 38 j SELECTMEN'S MEETING February 16, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuewday evening, February 16, 1971, at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel, Mr. O'Connell , Town Manager and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Robert L. Burke 231 Marrett Road Jurors Morris W. Lindman 21 Robbins Road Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to locate one pole on Highland Avenue at Bloomfield Street. Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer. Pole Mr Louis Pratt, representing the Boston Edison Company, and Mr. Highland Robert Dunn, representing the New England Telephone Company were pre- Avenue sent. Mr Pratt said that this is a request of the Town to move the pole back 2 feet. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boaton Edison Company and the New England Telephone Company for the following location Highland Avenue, westerly side, at Bloomfield Street, One ( 1) pole (one existing JO pole to be removed) . Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to locate one pole on Peach- tree Road Pole Notices of the hearing were sent to the petitioners, owners of the Peachtree property as listed on the petitioners' plan, and also filed with the Road Town Engineer Mr Louis Pratt, representing the Boston Edison Company, and Robert Dunn, representing the New England Telephone Company, were present. Mr. Dunn said that this petition is at the request of the State because they have reconstructed Woburn Street The Chairman asked if this is to be the permanent location of this pole and if Mr Dunn had talked with the people involved? 386 Mr Dunn replied that it is to be permanently located and the people have been notified. No one appeared in favor or in opposition The Board agreed to hold the decision until a report has been re- ceived from the Town Engineer Bicenten- Mr O'Connell informed the Board that Mrs. Ruth Morey, President nial of the Historical Society, had introduced him to Mr Rath, a member of the National Bicentennial Committee for this area. At Mrs Morey's request, I brought him up to date on our plans. Mr O'Connell informed the Board that plans for the demolition of the Central Block are going forward but at the request of the owner' s Center Insurance Company and the Department of Public Works, the permit has Block not been issued; the Insurance Company wants to inspect the building. The Chairman said that Mr. George Matheson came in to see me and their plans have not been completely formulated. It is my recommenda- tion to schedule a meeting with them to discuss the situation to see what their plans are and then what approach we should take in regard to the Center. They should have the benefit of the Board' s thinking even to the point of how they fill that foundation; it is important to us Mr Mabee asked if rezoning is necessary? The Chairman didn't think so The Board agreed to schedule a meeting with Mr Matheson within a week The Chairman read an invitation from the Lowell City Council Sub- County Committee on County Assessments to attend a Middlesex County Confer- Assess- ence at the Emerson School Auditorium, Concord, on Saturday, February ment 27, 1971, at 10-00 a.m. Mr Bailey is to attend the conference The Chairman read an invitation from the Arlington Board of MBTA Selectmen to attend a conference at the Arlington Town Hall to dis- cuss the proposed Alewife Rapid Transit Extension on February 24, 1971, at 8 00 p.m Chairman Cataldo is to attend the conference. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting of February I, 1971 . Bow St. Upon motion duly made and seconded, it was voted to sign the Sidewalk Order for Construction of Sidewalk on Bow Street The Chairman read a letter from Attorney Frederick Conroy regard- Moore ing the 3 8* acres located on the easterly side of the B & M Railroad Land tracks near Brigham Road, owned by Mark Moore. The letter states that Mr. Moore requested Attorney Conroy to contact the Board to determine if there is a Town need for this property which would make a transfer to the Conservation Commission inappropriate 387 It was agreed that the Board has no objection to Attorney Conroy pur- suing the matter with the Conservation Commission; as of this time, the Board has no thoughts of using this land for any specific Town project. The Chairman informed the Board that nominations for Associate Mem- ber of the Historic Districts Commission have been received from the Associate Lexington Arts and Crafts Society-Albert T Pitt; Lexington Historical Member Society-Donald J Shaw; Cary Memorial Library Trustees-Mrs. Myrna Kaye. Historic Upon motion duly made and seconded, it was voted to appoint Albert Districts T. Pitt, 2361 Massachusetts Avenue, an Associate Member of the Historic Commission Districts Commission for a term expiring January I, 1973, to fill the unexpired term of Franklin C Hudson. The Chairman informed the Board that a notice has been received Middlesex from the County Commissioners of Lexington' s assessment of $25, 108. 19 County for the Middlesex County Hospital Hospital Upon motion duly made and seconded, it was voted to sign the follow- ing licenses Bi Woburn Street Corporation Lexinaton Cab Comnanv d.b.a. Minute Man Cab Taxi and Livery Taxi Reg No 4209 Taxi Reg No 2271 Licenses 4208 2269 4210 5305 Livery Reg No L35057 Livery Reg No L24511 No P67626 L35059 57379Y 57382Y L35060 P19706 57383Y L35061 tJ57950 58384Y L35058 The Chairman informed the Board that the Public Works Department had requested abatements of water bills but the explanations given by Water the DPW are questionable. Abatements The Board agreed to hold the request until a report is received from the Department of Public Works. Mr Greeley informed the Board that the Lexington Commission on Suburban Responsibility has received the resignation of Charles H Cole, representative of Town Meeting Members Association, Mr. Cole feels there is a possibility of conflict of interest as one of the primary purposes of LCSR is to foster low and moderate incoming housing under our new RH zone and he is the architect for the proposed RH rezoning just off LCSR Bedford Street. Resignation Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Charles H. Cole as a member of the Lexington Commission on Suburban Responsibility Mr. Greeley informed the Board that he and Mr. O'Connell had at-tended the Planning Board meeting on Meagherville and Hadley Road. Meagher- ville 388 Mr. Eric Clarke, member of the Planning Board, was present and dis- cussed Meagherville, He said that we propose that the area be divided in three, one being Conservation and that would go into Conservation at Town Meeting He showed a plan of the area to the Board and said we propose these for RH 15 acres with 100 units and 10 acres with 80 units It is our intention to recommend that Town Meeting rezone this area but not recommend construction; with the idea that rezoned it would become attractive enough for a developer to present plans along the lines for which it was intended Then the Board of Selectmen would firm up plans and come to Town Meeting Mr Greeley asked if they expect to present to Town Meeting two different motions for RH? Mr Clarke replied there would be two for RH and one for Conserva- tion The Chairman said I assume this is taking into consideration part of the land we haven't taken yet? Mr Clarke said that the school site was authorized years ago and we would not consider those lots. The Chairman asked if all tax titles are cleared? Mr Clarke didn't know. The Chairman asked if the Planning Board has taken into considera- tion where that cloverleaf would come out in relation to that land? We would be responsible for the land taking; should we be in a position to swap some of this land so we wouldn't have to pay damages? The ques- tion is, are we being premature? Mr Clarke said it is a kind of quid pro quo for the Golf Club He pointed out two areas, recreation areas, that are reserved with the possibility of crossing over the golf course from Cedar Street Mr. Greeley said it seems to me the question is you are asking whether the area shown as Conservation should be set aside for Conserva- tion or wisely wait until we design the access road to Route 128. Mr Clarke said we own the land, so transferring it to the Conser- vation Commission wouldn't put all the usual restrictions on the use. The Chairman said the Article specifically refers to Chapter 40, s 8C, so it would. Mr Clarke said, then, we should remove the language in the motion. The Chairman said, beyond that, where and how located - would that change the approach of the Planning Board because of access? Mr. Clarke didn't think so We feel a developer would not want to put the money and effort in plans. The Board of Selectmen may sell tax title lots without a Town Meeting vote The Chairman asked, do we want to take the step? If we don't have title to tax title lots and the owners come back and pay the taxes, we have to make the taking on RH zone Mr. Legro said it is such a large block; if we haven't foreclosed the rights of redemptions, they still exist and if not foreclosed, there is a lot of work involved. The Chairman said the only way is to make a taking of the whole area. I 389 Mr. Legro agreed. The Chairman said we need a plan of the whole area, file the order Of taking, and then we own it. Everyone has a different opinion on the status of this land The only thing we are sure of is, there have been no taxes paid to the Town Mr Legro said he had reservations on the Town making a taking of land for a private purpose to convey to someone else Mr. Clarke said that the Planning Board does not propose that the Town sell this land but long term lease to a developer. The Chairman asked, are you going to make the taking for these purposes? Mr. Clarke replied, no. The Chairman asked for what purpose would he take it? Mr Clarke replied, so we can own it. Mr Legro said he knew of no authority for the Town to buy it for the. purpose of conveying to a private person. Mr. Mabee asked Mr Legro what could the Planning Board do? Mr Legro replied they might ask for special legislation for other than public uses There is specific authority in the statute for the Housing Authority Mr Clarke asked if there were any other way to acquire title without taking it? Mr Legro said the means by which you acquire... On tax title land, the rights of which the redemption has been foreclosed. The Chairman said we are saying if this could be cleared up by a taking, the taking would have to be now Mr Greeley said figure out a way of foreclosing the right of re- demption and conveying without going through the taking Mr Legro added, and leave the developer the lesser problem of acquiring these lesser lots. The Chairman said the only way is to go in and make the taking, you would never get a developer to come in here without a clear title and we can't give it to him Make the taking and go to legislature and ask for a way to transfer Mr. Greeley said he had heard Mr Legro say he was not aware of a statute and he would like to know if Mr. Legro or someone else might look hard at this for a statute that might have been overlooked. Mr. Legro said he would be glad to search it further and would get help if he needed it Mr Greeley said the first step should be to find out whether there is legislation to do it. He thought there was one on arrested subdivisions on HUD and he would like to have it researched Mr Legro said that it would take a specific provision of the statute; he would be glad to research it Mr. Greeley thought the attitude of the Selectmen is, to change the zoning would make the damages more Mr Clarke said the problem is, we can't get action from this Board or any other Board Mr Kenney said if we vote to take the position we don't vote to change the zoning, I think the Planning Board has to look at this thing, too 390 Mr. Clarke said we don't want to convey or anything else; we just want to rezone. If we get rezoned, we are a long way down the track. The Chairman said that in the taking, we have to mention the actual purpose of the taking We should make the taking and ask for the legislation to convey the thing Mr Mabee said, especially, you don't rezone and then take. The Chairman said, you have problems. Hadley Road was discussed The Chairman didn't think there is any question that the Board understands that the Planning Board can require the construction of Hadley Road in the subdivision. Our position is, we would want to see the utilities looped, regardless of Hadley Road The Traffic Committee would like to see Hadley Road built, regardless. We would like to get this resolved. Mr Clarke didn't think it was a good way to get in; it woul6,:be better to go in over Green & White Mr Greeley said he had talked to Eric Lund, the chief negoti- ator, and he felt the value was arrived at by the developer losing 22 lots by this taking. Mr. Clarke said that Mr Lund said the developer would assume the cost of that road. Mr Greeley said that people who negotiated said it includes building a complete street across the subdivision if they so request, and the Planning Board is willing to request it. Hadley The Chairman said it is our feeling after the developer evaluates Road the cost of building Hadley Road vs. other accesses, he may, at that time, refuse to build Hadley Road because of the cost If we do nbt have a specific agreement stating that he has to build Hadley Road, regardless, if the Town desires it; it may end up in court and we may lose. I can't understand the Planning Board's objection to making the construction of Hadley Road, if the Town requested it, a condition of the agreement Mrs. Lois Brown, member of the Planning Board, answered because the Planning Board may not want it The Chairman said this is where the difference of opinion is, because it is my understanding that the Town Engineer and the Traffic Committee want the connection made regardless of access to this sub- division The Board feels that this condition should be inserted in the option Mr. Greeley said it was his impression the Planning Board would. prefer not to, if they get the access they won't Wouldn't you be willing to put in to build the rood if the Town so requests? Mr Mabee said that Stan Brown said he didn't see any problem and the fellow agreed to the option The Chairman said that every letter we get from Mr. Lund says they feel they have enough protection without it. Mr Clarke said he had never heard until just now that you have other reasons for Hadley Road. The Chairman said that Mr. McSweeney wants the utilities looped. Mr. Clarke asked, he doesn't care about the road? The answer was, yes, he does. The Chairman said there is no problem if these people are willing to think the Planning Board is on weak ground Mr. Lund hasn't con- vinced us Mr Greeley suggested sitting with the Traffic Committee The Chairman said we left it with Stan Brown that he and Mr Lund would meet with the developer and come back Mr. O'Connell said that in the discussion with the developer, he was to be willing to waive any claims as far as sewer easement and give us a release of damages and we want that documented Have the developer agree so that when the option comes through, he wonIt be surprised. Mrs Brown asked if we are talking about the option that Stan Brown, Mr. Lund and all agreed on? Mr Mabee replied, yes, that the road will be built and the util- ities looped Mrs Lois Brown and Mr Eric Clarke retired from the meeting. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Sess"ion security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10.25 p.m. A true record, Attest jitj Executive Clerk, Selectmen r 392 SELECTMEN'S MEETING February 22, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, February 22, 1971, at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel; Mr O'Connell , Town Manager and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon the petition of Mobil Oil Co. for a license for below ground and above ground storage at the premises located at 269-277 Bedford Street A notice of the hearing was inserted in the February II, 1971 issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department. Attorney Nicholas J Mazzoni , representing the Mobil Oil Company, was present and explained that this application is for an additional 8,000 gallon underground tank to increase the storage to 20,000 gallons from 12,000 gallons of gasoline presently approved There will be no structural change in the station but we will add one pump to two exist- ing islands This petition is for a third future product, a non- leaded gasoline. Mobil Mr John F McDonald, I Dee Road, asked if this tank is going to Gasoline be in the same location as the others? Hearing Mr Mazzoni replied in the affirmative Mr. McDonald said that at certain times of the year, especially in the summer, we have a problem with fumes; will it still exist? Mr Mazzoni replied that this is a new 8,000 gallon tank and it it vented better but we can't guarantee eliminating the fumes; the Company says they will vent these to try and eliminate the fumes and I will guarantee we will do everything we can to vent them. The Chairman asked if the problem exists only when filling the tanks? Mr. McDonald replied, yes, we are afraid to go out in the back- yard at certain times, not all the time Mr Mazzoni said that the danger is not with the gasoline in the ground, I have never heard of one in Massachusetts blow up in the ground. The Chairman asked if there were any further questions? Hearing none, the Chairman declared that part of the hearing closed. No one appearing in favor of the petition the Chairman declared that part of the hearing closed. The Chairman asked if anyone was in opposition to the petition? Mr John F. McDonald, I Dee Road, was recorded in opposition. The Chairman asked if the installation is vented properly, would he have any objection? I Mr. McDonald replied, none The Chairman said that the Board will take the petition under advise- ment and will let you know The Board agreed to refer the petition back to Chief Spellman and ask him to investigate the installation and make whatever recommendations are necessary for the installation of a proper venting system at this Mobil Oil Company station; such recommendations to become part of the permit Mr Mazzoni suggested that Chief Spellman contact the Suburban Con- struction Company of Burlington to discuss it with them because they will be making the installation A letter is to be sent to Chief Spellman for his recommendations The Chairman said that the Board held a street hearing on February 8, 1971 on the layout of Worthen Road. The next step is to vote to lay out Worthen Worthen Road, if the Board agrees with the program as set forth Road Upon motion duly made and seconded, it was voted to lay out Worthen Road from Marrett Road, a distance of 1470 feet, more or less, north- westerly to Sherburne Road. Mr Kenney abstained. The Chairman informed the Board that a letter of resignation has been received from James W. Broderick from the Town Celebrations Committee. Celebra- Upon motion duly made and seconded, it was voted to accept, with re- tions 111 gret, the resignation of James W. Broderick as a member of the Town Cele- Resigna- brations Committee, effective immediately. tion The Board agreed to consider a replacement and to ask the Town Celebrations Committee for recommendations. The Chairman read a letter from Herbert S Kassman regarding the award of no damages in the taking of sewer easement on his property at 5 Stonewall Road. Mr Kassman states in the letter that it seems inevi- Kassman table that a number of valuable trees will have to be removed and that Sewer the general rustic character of the site will be considerably altered Easement with a significant reduction in the value of the property. The exact extent of damages must, of course, await the work done by the sewer con- tractor. I have expressed my concern to personnel in the Town Engineer' s Office, who have expressed a willingness to attempt to minimize the dam- age The Chairman said that no action has to be taken by the Board. Mr. Greeley said that Mr. Kassman is just reserving his rights The Chairman read a letter from Lawrence H Adler, Chairman of the Parish Committee of the First Parish Church, stating that the Parish had established a committee to survey the present and reasonably fore- Harrington seeable space needs of the church and this committee had voted unani- House mously not to enter into negotiations with the Town looking toward a vote at the March Town Meeting on a purchase from the Church of the Old Harrington House. They hop to complete their survey and file their re- port in adequate time to make such a treatment possible at the June meeting if the Church determines that it really does not need this space and that it wishes to enter into final negotiations looking toward a mutually agreeable price. Upon motion duly made and seconded, it was voted to recommend inde- finite postponement of Article 48 at the 1971 Annual Town Meeting. The Chairman read a letter from Paul A L'Antiqua, 758 Waltham Street, stating that three years ago, the Town rebuilt Blossomcrest L'Antiqua Street and in the process of rebuilding the street, a section of his Complaint land was taken for a sidewalk and the street was lowered at Blossom- crest and Waltham Street. In the process part of the driveway was cut into by the contractor who did the work and the result is that the water pipes running under the road, the sidewalk and his driveway into his home no longer meet the requirement to prevent freezing. He re- quested that the situation be corrected by lowering the pipes below the frost line as soon as possible The Chairman said wehave sent a copy of this letter to Mr. McSweeney and we will answer Mr L'Antiqua that we have asked for a report and will be in touch with him when it is received. The Chairman read a letter from Mrs. August Schumacher, 148 Wood Tax Title Street, requesting the purchase of lots 82 in the Colonial Heights area Schumacher to be added to the adjoining lots she now owns and, therefore, make a Request more desirable sized lot Mrs. Schumacher states that she had requested this in 1967 and her request had been referred to the Planning Board. Since then, she has hat meetings and correspondence with the Planning Board but for various reasons it does not grant permission Upon motion duly made and seconded, it was voted to refer Mrs.. Schumacher' s request to the Planning Board for an up-to-date recommend- ation. The Chairman read a letter from Peacock Farms Association regarding traffic hazards at the intersection of Peacock Farm Road and Mason Street and at the curve of Peacock Farm Road near Numbers 37-40 A Peacock meeting to discuss the problems and possible solutions was requested Farms with the appropriate officials. Traffic The Chairman said that we recently had a request from residents of Robinson Road and we recommended a meeting of the neighborhood with the Traffic Committee, we should handle this in the same manner The Board agreed to request the Traffic Committee to set up a meeting with the Peacock Farms Association to discuss the traffic prob- lems of the neighborhood, and to so inform the Association. Upon motion duly made and seconded, it was voted to authorize the I D. Card Chairman to sign the Liquor Identification Card for Cynthia Sampson, 337 Massachusetts Avenue Common Upon motion duly made and seconded, it was voted to sign the Common Victualler Victualler license for Howard Johnson' s, Route 128, Lexington (approved License by the Board of Health) The Chairman read a letter from Kevin B Harrington, President of the Senate, and David M Bartley, Speaker of the House, requesting all governmental agencies who have filed legislative petitions for consid- Mass eration this session for a voluntary analysis of fiscal and/or envir- Legisla- onmental impact ture The Chairman said that they want to know what it would cost We have one piece of legislation we have asked to be filed on changing of the award period for public building construction contracts awarded by Towns from 30 to 40 days We will acknowledge that we do not have petitions filed that would have an impact The Chairman read a letter from the State Department of Natural Re- sources requesting that it be notified of any construction or land use which would have any hydraulic impact upon the Shawsheen River Basin area. The Chairman said they are just asking us to inform them of any petitions we have for construction that were not given permission under Shawsheen the Hatch Act River Mr Greeley said that the Hatch Act is not implementable in its Basin present form and he thought someone should talk to the State and ask DNR them to give us some technical guidelines The Board agreed to write to the Department of Natural Resources and inform them that we want to cooperate with them but it is incum- bent upon them to furnish us with guidelines and, to arrange a meeting to discuss the matter of the Shawsheen River Basin area also. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on February 8 and February 16, Minutes 1971 Upon motion duly made and seconded, it was voted to sign the water abatements for the following John Janusas $125.33 Meter changed not notified Robert Caterino 19.93 Wrong reading E McSweeney 42 00 Owner sent wrong reading Joseph McKinney 121 45 Left water running so it won't freeze Ralph Taylor 21 71 Owner sent in wrong reading Virginia Cutter 57 03 Owner sent in wrong reading The Chairman said that we held approval of water abatements for John Janusas, 127 Simonds Road and Joseph McKinney, 12 Rockville Avenue pending a report from Public Works Department Water A report has been received that a water meter was removed from Abatements Mr. Janusas' home and a new meter installed; the billing department was not notified of this fact The last time it was read, the reading was taken as a turnover rather than a reading starting at zero and up to the present reading on the new meter and adding whatever was re- "' corded on the meter that was replaced, this resulted in an excessively high water bill The bill was re-figured the proper way, resulting in the $ 125 33 abatement ta s) .P(7 Mr McKinney was told to run his water in 1970 so that the service would not freeze up The service man neglected to take the dial off 111 the meter, thus resulting in a high water bill . It is the Town' s policy to remove all dials from the meter of any water service that freezes By doing this, the water left running for the winter is not recorded on the water meter. Upon motion duly made and seconded, it was voted to sign water abatements for John Janusas and Joseph McKinney. The Chairman informed the Board that a hearing had been held on February 16, 1971 on a relocation of one pole on Peachtree Road and approval was withheld pending a report from the Town Engineer The report has been received, stating that the existing pole is 54 ft. off Peachtree the northeasterly sidelines of Peachtree Road, approximately 30 feet Road pole from the sideline of Woburn Street and will be moved 12 feet south- Location easterly. Residents were questioned and voiced no objection as the relocation will not affect either trees or driveways and would in- crease a driver' s view of Woburn Street Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Com- pany for the following location Peachtree Road, northeasterly side, approximately 41 feet south- east of Woburn Street - One pole (one existing JO pole to be removed) The Chairman said that we have met with our members of the Minute- Vocational man Regional Vocational Technical School District Planning Board and Technical this Board should take a position either in support or in opposition School to the Article in the Warrant. Article Upon motion duly made and seconded, it was voted unanimously to support Article 45 of the 1971 Annual Town Meeting Warrant After much discussion, the Board agreed to support the Article. The Chairman said that bids have been taken on the relief sewer and the pumping station alterations for the major project with Bedford. Bids Sewer Whitman and Howard investigated the two low bidders and have & Pumping found they are qualified to handle the work associated with this pro- Station ject Also, the amount of funds available to complete this project Intent to have been reviewed and found to be adequate. The Division of Water Award Pollution Control requests a vote of the Board that we do intend to award the contracts Upon motion duly made and seconded, it was voted that it is the intent of the Town of Lexington to award the following contracts for the Town of Lexington Water Pollution Control Project No WPC-Mass..- 217 to the following D. DiMartino Construction Co., Franklin for Contract No I, Contract for Relief Sewer Work $466 735 397 ' B Snyder and Company Inc., Allston, for Contract No 3, Proposed Renova- tions and alterations to Brook Street Sewage Pumping Station $182,569 Total Project $649,304 The Chairman informed the Board that a reply has been received from the Traffic Committee in answer to requests from Citizens to make Crosby Road one-way during the hours when children would be brought to and picked up from the Maria Hastings School The report states that the Traffic Committee believes that making Crosby Road one-way is neither necessary nor justified and recommends against it. The driveway beyond the end of Crosby Road is not subject to traffic regulation by the Town; it is on school property and can be Traffic made one-way by the school or else widened and improved to facilitate Crosby Rd. two-way traffic. Also, making the road one-way at varying times on different days would be extremely confusing and unsafe and a permanent one-way arrangement would greatly inconvenience the motorists most of the time After discussion, the Board agreed to refer this to the School De- partment for recommendations. Upon motion duly made and seconded, it was voted to request the School Department for recommendations that could possibly help solve the traffic problems of Crosby Road The Chairman read a report from the Traffic Committee recommend- ing that consideration be given to amending the Traffic Rules and Orders by prohibiting parking along the southwesterly side of Reed Street between Bedford Street and Vaille Avenue The Board agreed to request the Traffic Committee to submit reasons for this recommendation. Mr Tucker, Mrs Welch and Dr Newman of the Mystic Valley Mental Health Association met with the Board. The Chairman said that the issue this evening is that the Board of Health recommends that your budget be the same level as last year and, as I understand it, you want to tell us why it should be greater Mr Tucker said that in 1966, we had 6 members on the professional staff, in 1970, we had 21 professional staff members; this has more Mystic than tripled the staff We are able to help the 5 communities in- Valley volved, Lexington, Arlington, Winchester, Burlington and Woburn We Mental are dealing with a problem which is very expensive. We have a Mental Health Health Center, most of which is supported by the State. The total con- tribution by the 5 towns is 17 percent of the total clinic budget It was originally started as a children' s clinic but through reorganiza- tion by the state, it provides after-care of patients discharged from the Metropolitan State Hospital . Therefore, by state mandate, the Center is now providing this after-care. One of the reasons we ask for U 39S additional money is that the State payments will take care of the pro- fessional staff but any supporting services are taken care of by private or tax contributions. Mrs Welch said that we have met with all 5 communities, Woburn, being a city, will undoubtedly pass our requested increase from $10,000 last year to $21 ,000 this year. Arlington contributed $ 14,695 last year and we are asking for $29,787, Burlington contri- buted $5,452 last year and we are asking for $12,494; Lexington, $8,789 last year, we are asking for $17,870; Winchester, $6,060 last year and has agreed to $ 12,490 for this year; the Board of Health has already accepted our first bill . Shares are based on population and the request is 55} cents per capita. Mr Tucker said that we drew on our reserves and this year we don't have a reserve. It looks good in 4 coummunities but in Lexing- ton they recommend holding to the same rate as last year and this forces the Center into a bind If the money is not forthcoming, something will have to be cut out of the budget We don't want to use blackmailing but if 4 of the 5 communities come forth but not the 5th, what would your reaction be? Compare the Health Center to the Fire Department; hopefully, you never have to use it but it is nice to know it is there. We have here in Lexington a full Mental Health Center The staff is highly professional and there is no question about their qualifications We are providing a service to citizens of Lexington and offer professional services if we can. The budget is not inflated and if forced to cut back . .We are asking for an increase from $9,000 to $18,000 as we don't want the people of Lexington to suffer from a reduction of service. Mr. Mabee asked them to tell the Board Of the number of cases in 1969 vs 1970, which would account for the increased cost Dr. Ellicott is convinced that the cost per hour of an interview and counseling is much higher at Mystic Valley than private counseling. What is the case load? Mrs Welch said that Lexington had 104 cases in 1969, children and their parents In 1970, 146 children and their parents were taken care of; a 40 percent increase in cases When the budget was made up in 1970, we didn't know there would be that many and we went over. The State gave us additional Doctors and we were able to serve the extra 42 families from Lexington. You hear of waiting much less than it used to be, but not now. We are taking 40 percent more from Lexington and 46 percent from Winchester The budget for last year was not adequate and we added our $ 13,000 savings and, also, our insurance has gone up; we had not been paying insurance on our wing and it probably will go up $500 more than I put in our bud- get We operated in the red last year in terms of using up more than we asked for Last year, the request was not realistic Mr Tucker said that when someone comes for counseling, you don't terminate at the end of the year, you carry over. If you look at the number of hours, the cost is $43 an hour; if you add to that agency consultation hours, we include court referrals, if you add consultation hours, you get a total of 7800 hours and the cost goes down to $33 per hour Communities are contributing only 17 percent tail. of the total budget of the Center, which means 83 percent is raised in some other way. You can't compare a physician's office to the Mental Health Center; the cost runs higher because of the clinic backup and supporting services are essential if you run a Mental Health Center Dr. Newman said that the relevant question is, are we providing the service which in any way can be duplicated at a lower price, and the answer is, we are providing service which cannot be duplicated at any price The clinic functions to service families with prob- lems; we approach the entire family, a clinic set up where people are in communication with one another. In most individual cases, the Psychiatrist can't do this; the average fee is $25 or $30 per hour The clinic charges families on a sliding scale and most pa- tients pay less than $25 an hour, and you couldn't duplicate the service on a private basis; you can't compare apples and oranges. The Chairman said there is a difference of opinion from profes- sionals whether services can be duplicated How much were you in the red last year? Mrs Welch said that the budget for 1970 was originally $87,000 and we spent $95,000 The Chairman said you are telling us that you handled 46 percent of the load increase with an $8,000 deficit, plus $ 13,000. Mrs. Welch said we are now using our reserve The Chairman asked if we made up that $8,000, could you main- tain that same level? Mrs Welch replied, no; the additional staff members came in April , July, September and December The Chairman asked would you say $ 16,000? If you maintain that level of service, which is a 40 percent increase over 1969 for $95,000, why can't you maintain that level of service for the same amount of money or a little more? Why are you asking for an increase of $44,000? Our question is on your bookkeeping approach What is the justification for the budget as presented? Mrs. Welch replied that we don't anticipate keeping at that level therefore, you have an incremental increase Mr. Greeley asked what is the average for 1970? Mrs. Welch replied that I have no actual data Mr. Greeley said you spoke of going from 104 to 146 cases Mr. Mabee said that the average might have been 123. The fact that your added personnel came at different times, at the end of the year you had them all The rate at which your backup services was needed was greater Mr. Tucker said that the commitment to staff and commitment to individuals at the end of the year might be greater The Chairman said the nub of the problem is the commitment to 110 \ staff The work load didn't increase and the question is, are you over-staffed? Just because you are authorized by the State doesn't justify it II __ 400 Dr. Newman said that the total expense was $278,297; the number of 111 interview hours to clients was 5,989, which gives a cost per hour of $46+ The total in 1971 will be $433,856; we have added a 25 percent increase in the number of hours as shown in 1970 brings it up to 7,500 hours and the cost per hour jumps to $57+ per hour. Dr Ellicott maintains that staff hours and the number of additional hours for clerical, and the like, are non-productive and if the averagegood psychiatrist gets $30 per hour and the cost per hour is out of line, this is why the Board is opposed to making any amelioration The cost gives per service per people. We have been given a lot of families. We know we will see these people discharged from hospitals We have been told wewould have a regional Health Center and they will have out-patients and in-patients. When this broke, we had calls from Arlington and Burlington on what are we doing to the budget; we told them we would wait and hear from one Board. Winchester said they would go along with the increase and asked Mystic Valley to take their teachers and train them. The State feels that smaller centers will be better in the future and Lexington has it now The Chairman said that we are recommending the same amount of appropriation as we did last year. We are pleased with the results of Mr. McManus on the drug program; we are getting it going and the results are good. Mr Tucker said that according to our year-end accounting, we spent $258,000, actually the end total for operating the center, for the total clinical operating budget. If you use 6,000 hours, you come up with $43 per hour. Can you duplicate the services anywhere? We are picking up people from the lower end of the income scale. Dr. Cosgrove, Chairman of the Board of Health, said that the Chairman of the Board of Health in Burlington called him and said lie didn't see any reason why we give anything. Mr Kenney asked if in 1970 there are so many hours to Re-place? The Association did grant to Re-place a certain number of dollars instead of hours. Dr. Newman replied that the 1971 reduction is because they now have Mr McManus; now we are just doing group therapy whereas last year it was individual, group and administrative consultations. Mr. Kenney said there was a significant decrease in local cases. Dr. Newman replied that there was a significant decrease but not as far as the whole situation in Lexington Mr. Tucker said we have 10 new referrals per week Mrs Welch said we feel badly that the Board of Health is giving the impression that Mystic Valley is not needed. It is a national effort to bring it closer to the community. If each of the other towns accepted it what would we say if Lexington didn't. We would like you to tell us what you think it would mean; how can the other towns feel? The Chairman asked do you have firm commitments from other towns? Mrs Welch replied that we can't tell until after Town Meetings. We had a letter from Burlington that they agreed to go along with our requests 401 The Chairman asked if they have commitments for the recommendation? Mrs. Welch said that Winchester agreed, Woburn accepted it for services on the 1971 rate. Mr Kenney asked what the State would provide? Mrs Welch replied that 64 percent would be provided by the State. Mr. Howard Levingston asked, do I understand that the character of the service has changed Dr. Newman replied, yes, as for children, and expanded to take care of patients from the Metropolitan State Hospital ; we are doing drug counseling and most of those workers in connection with other problems Mr. Levingston asked if they fall within the guidelines of their basic charter? Dr Newman replied, yes, basically for children' s services Mr. Levingston asked what age group? Dr Newman replied, from 2 to 17 or 18 years. Dr Cosgrove said that we are not opposing the services of Mystic Valley Mental Health but we do object to the increaseing of their bud- get and find they are doing nothing more now than they have been doing. We are responsible to Lexington The Chairman said we must accept the fact that we support Mystic Valley and with the information coming to us at this point, lookint at your budget and the increase you ask for, it would take a lot of imagin- ation to support this I would suggest getting together with the Board of Health and settle this, and come to a meeting of the minds We don't want to go to Town Meeting when there is a difference of opinion between the Board of Health and the Mystic Valley Mental Health Association. You can't justify at this point and we look to the Board of Health Mrs. Welch asked if he would recommend a 46 percent increase? The Chairman replied, I don't know Mr. Greeley said I would recommend 30 percent or 100 percent depend- ing on how you substantiate over the two years, a case is a meaningless unit The Chairman asked the Mystic Valley Mental Health Association to get together with the Board of Health Upon motion duly made and seconded, it was Voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the Executive financial interests of the Town or the reputation of a person Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 1105 p.m. A true record, Attest � • /f Executive Clerk, Selectmen 402 SELECTMEN'S MEETING March I, 1971 1 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, March I, 1971, at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel, Mr. O'Connell , Town Manager; Mr.. McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk were also present. The Chairman read a request from Mrs Sally T Neale, 10 Ward Street, requesting purchase of six tax title lots adjoining the rear Tax Title of her property on Earl Street The letter states that in reply to Neale Mrs Neale' s previous request in May, 1967, the Board had replied that the Town wished to retain ownership at that time Upon motion duly made and seconded, it was voted to refer Mrs Neale' s request to the Planning Board for a recommendation The Chairman read a letter from the Lexington Council of Congre- gations (formerly Lexington Council of Churches) recommending that Robert Mann be appointed as a representative on the Lexington Commis- sion on Suburban Responsibility Mr. Greeley said that Mr Mann has been pegularly attending the meetings since Mr. Wells left. Mr. Wells submitted a verbal resig- LCSR nation to me but this Board has not voted to accept it. 1 would recommend that the Board appoint Mr. Mann unless we follow the usual procedure of requesting that three nominees be submitted Upon motion duly made and seconded, it was voted to accept the resignation of Rev John Wells as a representative of the Lexington Council of Congregations on the Lexington Commission on Suburban Responsibility The Board agreed to write to the Council of Congregations and explain that it is theP olicy to submit three nominees for a va- cancy on a commission Reserve The Chairman read a notice from the Director of Accounts that Fund $926,843 would be available to the Town as "free cash " The Chairman read a report from the Building Inspector that 789 Massachusetts Avenue, (the McCormack Building) would be an acceptable location for the office of China Evangelical Seminary Association, Inc. Cert of Upon motion duly made and seconded, it was voted to notify lncorp Secretary Davoren of the approval of the premises at 789 Massachu- setts Avenue as a suitable location for China Evangelical Seminary Association, Inc. who have applied for a Certificate of Incorporation. Ambulance The Chairman read a letter from the Tax Collector requesting the Abatements abatement of uncollectable 1970 ambulance bills, in the amount of $65.00 403 Upon motion duly made and seconded, it was voted to sign abatements for the uncollectable 1970 ambulance bills submitted by the Tax Col- lector, in the amount of $65 00. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on February 22, 1971 . Upon motion duly made and seconded, it was voted to approve the bond for the Town Manager (renewal ) in the amount of $50,000 Bond Upon motion duly made and seconded, it was voted to sign Auction- Auction- eer' s Licenses for the following eer' s License William A Sennott 10 Doug,las. Road Robert N. Cann 48 Hancock Street Upon motion duly made and seconded, it was voted to sign the layout Worthen of Worthen Road from Marrett Road, a distance of 1470 feet, more or Road less, northwesterly to Sherburne Road Layout The Chairman read a letter from the Arlington Board of Selectmen requesting a vote of the Board on the official position of the Town on the proposed extension of the Harvard Alewife Rapid Transit Line and H- 1961 Bond Authorization Bill . Also, a request to appoint a member of the community to the Co-ordinating Committee to be estab- lished to monitor and promote the development of this line The Chairman reported that Representative Cole and he had attended the MBTA meeting in Arlington last Wednesday. We presented the Board' s position that we were on record with the Governor and the Secretary of Transportation to support the bond issue We took issue with the Gov- ernor' s representative regarding his recommended study of Massachusetts transportation, the Route 2 extension, and the inner belt. The study is going to take a year and it was our feeling if there was no agree- ment reached at that time, this would jeopardize the Alewife extensioh MBTA There is no guarantee that this extension will be built, especially if the other projects that are under construction escalate to the point that they would run out of money. We recommended that the bill be amended to read that, spceifically, the $ 150 M be allocated to the Alewife extension Mr. Lord said this could not be done but, re- gardless, to change this program, it would have to be done by a vote of the Advisory Board We took exception to this, also, because Boston has the controlling vote on the Advisory Board, therefore, this list of priorities could change at any time After much discussion, it was agreed to establish a Co-ordinating Committee to monitor and promote the development of the Harvard-Alewife Rapid Transit Line. The Board agreed to appoint Mr Greeley as Lexington' s represent- ative on the Coordinating Committee Upon motion duly made and seconded, it was voted to appoint Roland B Greeley as Lexington' s representative on the Co-ordinating Committee to be established to monitor and promote the development of the Harvard Alewife Rapid Transit Line 404 The Chairman said that a public hearing is being held at the State House tomorrow morning and Mr Cole should record our position. 111 The Chairman said that a vacancy exists on the Town Celebrations Committee and I recommend that William P Fitzgerald be appointed to the Committee Bernard Belcastro is no longer able to serve on the Celebrate Committee. tions Upon motion duly made and seconded, it was voted to appoint Committee William P. Fitzgerald a member of the Town Celebrations Committee, subject to the receipt of Mr. Belcastro's resignation The Chairman said that Mr. Barnes informed our office that al- though James Broderick has tendered his resignation, the Committee would like him to work with them until after the 19th of April cele- bration Mr Bailey reported to the Board on the Middlesex County Confer- ence he had attended on February 27 at the Emerson School Auditorium in Concord. He said there has been a change in the City Council in Lowell and the Council voted to pay the 1971 County assessments with two checks, one on the 1970 assessment and to withhold the other check, the difference between 1970 and 1971 to be placed in escrow and released only when they get the report from the County Commis- sioners on 1970; this was done to demonstrate an austere approach to the County There is a slight problem in regard to the 12% interest required for debtors but their City Council said they wouldn't be a debtor because they are a municipality. They took action to get other support The Chairman asked aren't the County assessments on the Cherry Sheet? Mr Legro thought they were. The Chairman asked how can they withhold it? Mr Bailey said that he wondered that He further reported that the result of the meeting was the creation of seven research committees, working to develop factual information The March 27 meeting will be to develop the position of cities and towns and make the presentation for the hearings beginning on April 5th They will hope to get the support of all the Towns on April 27th Mr Kenney asked if they have approached the County Commissioners. on their willingness to cooperate? Mr. Bailey replied that they had, but there was no reply The Chairman asked have we no part of the study? Mr Bailey replied, no; I will go back to the March 27 meeting. They would like to have the support and endorsement from cities and towns I will think about it and report back to the Board. Mr. McSweeney came into the meeting at 7 48 p.m At 8 00 p.m , Mr. Mark Moore and Attorney Frederick Conroy met with Moore the Board to discuss the proposal for an amendment to the Zoning By-Law Housing from RS-one family dwelling to CG-general business area, which is Article 73 of the 1971 Annual Town Meeting. 405 Attorney Conroy said that there is some misinformation around town and he would like to explain how it operates Primarily, the Massachu- setts Housing Finance Agency is a State agency organized to loan money, to raise money for the sale of bonds and re- loan it for investment and they will take a vote on Mr Moore' s mortgage bond tomorrow. They have approved the plans drawn by Architect Cole, have approved Mr. Moore as the builder and Mr. Cole as the architect The interest rate Mr Moore will pay will be almost 4 percent below the regular interest rate, which is why the rents will be considerably less. Mr. Greeley asked what is the period of amortization? Attorney Conroy replied on 4 percent differential it would be $80,000, spread over 100 apartments it would be closer to $50 or $60 a month cheaper and averages better than $500 or $600 per year. There is less cash flow because they have a 40-year amortization and each apart- ment will be at least $30 or $50 below if you went regular financing, not low cost housing but conventional housing. The Chairman asked does the law read 4 percent differential or is it based on what you think? Mr Moore said that, right now, they figure the interest rate on my project will be 7 percent on today' s market; if they floated the bond at 2.8 percent, I would be saving over 4 percent interest and that would be the savings in the rent. All these rents will be lower and there can be no rent higher than 6 times the income on an annual basis. Mr. Greeley asked are there three different levels? Mr. Moore replied, not really three different levels. Attorney Conroy said you do have to give them three different rents; you rent regular, moderate and low Mr. Greeley asked are the rents $30 to $50 less than market value called low rent? Mr. Moore replied they are moderate rentals. Attorney Conroy added, a further 10 percent reduction for low in- come housing Mr. Moore said we still need a subsidy; 25 percent, low income, will still be subsidized first. The Chairman said we are back to the rent subsidy. Mr Moore said it is the same program. Mr. Greeley asked if all the tenants are subject to the income re- straints? Attorney Conroy replied, yes, after you exhaust this and when the project is filled with them, you must advertise in the newspapers. Mr. Moore added that they say I must do this so every person in Town will know of the apartments available; I have to give it to the Chamber of Commerce, brokers and do it in every possible way. Mr Greeley said, on the zoning by- law, this says 40 percent and you are saying 100 percent. Attorney Conroy replied, yes, we had to make 75 percent moderate Mr Kenney asked if they explained this to the Housing Authority and representatives of Town Meeting? Mr. Moore replied it will be approved tomorrow, subject to Town zoning for lel, subject to Housing Authority willingness to rent for 25 percent low income. 406 Mr. Kenney said you mean they would take them as a block and rent them? Mr. Moore replied, yes, for the elderly. Mr. Mabee asked if they have no fear that the Housing Authority would not comply with your request? Attorney Conroy said if RH, they will comply with their duties. The zoning law states they have to be rented to a Town agency or repre- sentatives of Town committees. Mr Moore said we would hope to invite the representatives of the Town for the other 75 percent Mr. Greeley asked if they are approved by F H.A Mr. Moore replied, yes, they want to make sure the Town is well covered. The Housing Authority will rent from any RH Housing Authority in Lexington Mr. Mabee asked if they were satisfied that all the answers are ready? Mr. Moore replied, yes. Mr Greeley asked if they discussed 3-bedroom units? Mr. Moore said we recognize the prime need in the community and Lexington Housing Authority says that is the prime need but they say at this time the candidate is not obliged to build 3-bedroom units. Attorney Conroy said that another thing around the Town is the 6 percent profit owners can make on it; it is not a guaranteed profit to the owner. As far as rents are concerned, the maximum rents vary from town to town If we go over $180, we no longer qualify. Mr Greeley asked if limits are prescribed for each project? Mr. Moore replied, for each town; a maximum of $ 190. Mr Mabee asked how do you come to 6 percent? Mr. Moore replied this is 6 percent of the equity; I have $180,000; 6 percent of $200,000, not $2 M Mr Mabee asked if they are looking for support of the Board of Selectmen? Mr Moore replied, yes. Many other towns are all finished and all rented, we are not going to be the first in Massachusetts Mr. Greeley said that you say this is private money rather than State? Attorney Conroy said the M F.H.A is authorized to give bonds tax free. Mr Greeley added, and you pay taxes in Lexington on the basis of assessment? Mr. Moore replied, yes, the assessors are not sympathetic It was agreed on 15 percent gross tax rate Mr Mabee asked if he was not taking a stand on this issue? Mr Moore replied, no stand. Mr Mabee said, I am sold. Mr Moore said it is a step in the right direction, restricted to Lexington people first of a restricted income and then available on the. open market. It is not limited to Lexington, under M.F.H.A., we are entitled to select Lexington people first. 407 Mr. Greeley felt it was imperative that a person working in Lexing- ton should be able to find housing The Chairman asked have they the provision that regardless of where they are living, but work in Lexington, that they get first crack at it? Mr. Moore replied, yes The Chairman asked what is the rent schedule going to be? Mr. Moore replied that it is estimated to be $ 190 maximum for one bedroom, $225 to $235 for two bedrooms; $260 to $270 for a town house - two bedroom, separate entrance unit The Chairman asked, based on the proposal you have, the design, final plans and specifications, how many variances do you need to get as you designed it? Attorney Conroy replied, no zoning variance The Chairman said, I mean variances to our building code Mr Moore replied, only one, the authority to use brick veneer. The Chairman asked if you don't get it, will that reflect on the rents? Mr. Moore replied, I will absorb the cost and maintain these rents, I em committed to these rents. The Chairman said I understand it will meet our RM zoning specifi- cations Mr Moore replied, yes Mr. Moore and Attorney Conroy retired from the meeting. Mr James Lambie, member of the Board of Health, met with the Board. Mr Mabee discussed the Mystic Valley Mental Health Clinic budget. He said that four letters have been received from out-of-town Boards; Winchester Board of Health has approved and submitted the budget as it was submitted by Mystic Valley, Arlington unanimously approved it; the Burlington Board of Health agrees with the budget; Woburn is meeting with their Board of Health to discuss the budget. One of the things Dr Cosgrove brought out was that the cost for consultation was exces- Mystic sive I have talked with Dr Ellicott and he is bothered that the cost Valley is so high. I agree the cost is high and there needs to be a lot of Mental study and cutback; the whole financing is a mess and their accounting Health is poor. They have more people this year than last year and they are filling a need and hate to cut back. 1 hope this Board would give some support to them and, also, that the Board of Health will come back with a recommendation, with the understanding that the Town Manager sees what goes on over there and our Comptroller look over their books. The Chairman asked if he is saying he agrees to the increase they are looking for? Mr Mabee replied, yes, with the distinct understanding that they are looked over by the Town Manager and the Comptroller. Mr. Bailey thought everybody would like more information. They didn't ask for enough last year and they got badly sandbagged; there are step increased in staff levels that happened over the past year that they could't have anticipated in 1970 They have picked up this 408 new function handling the after-care of people coming out of the hospi- tal Their other big problem is relating total expenditures to some measure of service I suggested to them that they back up the number of hours expended, the patient contact hours and the direct follow-up on cases, working with parents, schools, etc. They have an overhead and are running short courses for the schools You can see they are paying $30 for a patient and $20 for a professional for backup, and they have overhead They should try to consolidate, in one present- ation, the measures of service along with the cost; dollars, numbers of people and hours. They should develop an explanation of these and then talk with the Board of Health Mr Lambie said that we are going to have our own Board of Health meeting tomorrow night The Chairman said we asked them to come back to your Board. I talked with Arlington and they finally decided to go along with this budget but only on the basis that next year if there is an increase, they will get out. Mr. Greeley thought that the Association ought to recognize the problem and set up their own group to resolve it rather than asking our Town Manager and Comptroller to do it. The Chairman said that our question is, are they over-staffed? Mr. Lambie said the staff is set ty the State and they have to get the five towns to approve the budget. It would be helpful if, when fixing their schedule, they got together with the State and the Towns The Chairman asked if we all put the money in this year and some withdraw, where do we go? Mr Mabee said we are not unsympathetic as the Board is consti- tuted now The Chairman said that everybody here supports that Association in many different ways. Mr Bailey said that it hasn't had the management and the scru- tiny that the size demands now. Mr Mabee said he would not like to cut them off, he would like to see the Board go along with it for one more year. Mr. Bailey thought it really could be put together Mr. Lambie said that the budget will be discussed by the Board of Health tomorrow evening and we will submit a recommendation. Mr. Lambie retired from the meeting The Planning Board met with the Board. Mr. Lund submitted the Justin Gray Associates' Meagherville devel- opment study and the summary prepared by the Planning Board He said Meagher- that, basically, his Board would like to know if the Board had arrived ville at any decision? The Chairman said, as you know, we discussed Meagherville with Mrs. Brown and Mr. Clarke and we haven't discussed it since. They came back to you and made our feelings clear to you There is no question in our minds there are problems and they should be resolved. There is the possibility of not having the authority of transferring that land to a private person. 409 Mr. Legro said, as I understand it, the question is whether the Town can make a taking by eminent domain for the conveying for private pur- poses There is very little established in the law that it cannot be done, I cannot find anything in urban renewal law or redevelopment law to change it Mr Lund said the division of housing wasn't a public purpose. Mr Legro said I haven't any question but that low cost housing is not found to be public purpose. Mr. Lund said, passing the eminent domain thing, we are not asking for eminent domain. We had a study done by a summer intern on the tax title lots in that area. The Chairman asked how many lots have you taken? Mr Clarke replied, all but 20. The Chairman asked if the rights of redemption have been taken? Mr Clarke replied, as I understand it Mr Legro said that I state publicly that the question has been presented to me whether the Town can convey for private or public pur- poses; I haven't seen any copy of a plan - I haven't seen any informa- tion. Mr. Lund said that as he understood it, if the redemption process has gone through, they are in the status of any other lot which the Selectmen can convey. Mr Legro said that in the early 1950' s, most of the land owners weren't being billed for taxes and a good part of it was put on the tax roles; about 90 percent was being assessed and, eventually, for taxes not paid they would be taken and the rights of redemption would be foreclosed. Mr. Lund said that we may be able to give you some information Mr Legro said, until I get it . I haven't been asked. The question came up whether the Town can convey to private individuals or, if no title, can we clear the title by taking by eminent domain. Mr Lund said I am assuming that the rights of redemption have been taken and, assuming that to be the case, will the Selectmen sup- port it? The Chairman asked if that is the case, what do you propose to happen? Mr. Clarke said that Town Meeting would hear from us that the Board of Selectmen would not convey until a specific plan is brought to Town Meeting in conjunction with an Article to convey. We would like to invite two or three reputable developers to submit to both our Boards their idea of the manner in which the land should be developed and, from that, select the alternative and ask the devel- oper to make the plan. The Chairman asked about the other 20 lots. Mr. Lund said those privately owned, with respect to the one site, I wouldn't propose that land be taken by the Town but any de- veloper interested in making a proposal make a deal Developers do have to build around land owned by somebody else. The Chairman asked how would we get a clear title to convey? 410 Mr Clarke replied, assuming rights of redemption, people do buy tax title The Chairman said our point is, for this land to be sold, there would have to be a substantial developer cane in and in bider to do this, one has to have title. This is where we have a difference of opinion. Mr Lund said we are looking for a Selectmen' s policy as to our proposal with respect to Meagherville and what we do to the land. We ought to get the sentiment 6f Town Meeting and the best way is to get the rezoning If the Selectmen were to write a letter that nothing would be done by the Selectmen with the land until the prob- lems were resolved then I think we would be able to get it; I don't think there would be any detriment to the Town. The Chairman asked, you mean to rezone? Mr Lund replied, yes The Chairman, said that, personally, I am reluctant to rezone with nothing specific in mind and then turn it over to Conservation, until we get the access road We could swap sane land with the Golf Course and wouldn't want to be tied down in that case and with nothing in mind for the land I would be against it. Mr Lund said we have something definite, general land and part of that area to be used for housing. If the Selectmen take the posi- tion that the land will not be disposed of until all problems are ironed out. The Chairman said that no one is going to commit future Boards. Mr Lund said it has been done. Mr. Clarke said that we must have a clear position between the two Boards before Town Meeting. The Chairman said that we will take it under advisement; we will discuss it and take a position The Chairman said that we understand there is postponement of the Center Articles. Mr Lund replied, yes, we would move postponement of all Articles on Center Parking. Mr Legro said that he hadn't heard anything on the motions. Mr. Clarke said that it would be indefinite postponement on Articles 64-68 Mr Legro said that leaves three on Meagherville; are there de- scriptions? Mr. Zaleski said there is one on zoning Mr. Clarke said with respect to Clarke Street, we would still like to get long term options if and when available from the Medical and Sheldon Goldberg; is there definite thinking of your Board? The Chairman replied, yes, definite, not on parking but on re- zoning I would suggest when Town Meeting is over to schedule a meet- ing with us and we will be happy to go over it. The Planning Board retired from the meeting 411 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters Executive which, if made public, might adversely affect the public security, the Session financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 30 p.m. A true record, Attest ._(S/C,646-t ->7 Executive Clerk, Selectmen 1 I 41.2 SELECTMEN'S MEETING March 8, 1971 I A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, March 8, 1971, at 7 30 p.m Chairman Cataldo, Mr. Kenney, Mr. Bailey and Mrs. Riffin were present; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were also present The meeting was called to order by the Clerk, who declared that nominations were in order for the election of the Chairman of the Organize- Board. tion of Mr. Robert Cataldo was nominated and the nomination seconded. Board There were no other nominations Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, the Clerk cast one ballot and Mr. Robert Cataldo was unanimously elected Chairman of the Board for the ensuing year. At the request of the Town Clerk, three jurors were drawn as follows Jurors Phillip Slade 6 Nowers Road Robert W. Hausslein 21 Prospect Hill Road Richard J. Maroney 8 Raymond Street Mr O'Connell informed the Board that a letter has been received from Blue Cross-Blue Shield notifying the Town of the increase in rates, effective April I, 1971, of family coverage from $27 92 to $31 77, 13.5 percent increase; single coverage from $8 72 to $ 11 .88 34 percent increase The main reason given was the increase in Insurance hospital costs Mr O'Connell discussed a related matter concerning the desire of employees to sign up for either hospital or life insurance, the Town is now paying 50 percent of both of these policies and the em- ployees must take it as a package. We had a letter from Blue Cross- Blue Shield that the rules be changed so the employees could elect to have either coverage, if they see fit In 1970, we had a letter fro from the Group Insurance Commission calling attention that this could be done if the appropriate authority revised the rules and regulations and, since then, a letter has been received from the Comptroller that this be done. The Board agreed to refer to Town Counsel for a decision on the proper procedure to be taken. 1 413 Mr O'Connell informed the Board that bids have been taken- on gar- bage a collection; four firms were requested tosubmit bids but only one was received, the contract can be awarded by the Town Manager and 1 Garbage would propose to award to the onlybidder; this bid is higher than we Contract P P 9 have budgeted. Stanley Roketenetz, Inc., of Woburn quoted on three bases 1 Three years, June I , 1971 to 1974 - $84,000, $86,000 and $88,000 years, - and $86,000 2 Two yg s, June I , 1971 to 1973 $85,000 3 One Year, June I, 1971 to 1972 - $86,000 Last year's budget figure was $69,000 This bid includes collection of garbage at the schools; in the past, it was borne in the Department of Public Works budget Mr. Kenney asked if it were Mr O'Connell' s intention to go along on the 3-year basis? Mr O'Connell replied in the affirmative The Chairman read a report from the Chairman of the Board of Asses- sors on the re-assessment of business land. The purpose of the re- assessment of business land was to arrive at the fair market value of the land and building so the assessment on the property would indicate Re-assess- more clearly the value of the land. Some properties had land values went of raised and building values lowered. Business Land III Total increase in land assessments $ 1 ,545,850 Total decrease in building assessments 1014.350 Net gain 531 ,500 The Chairman said this report is for our information and requires no action The Chairman read a request from the Knights of Columbus to change the name of the Manager on the Club Liquor License from Vincent K of C Benfante to William F Cobuzzi , Jr. Club Upon motion duly made and seconded, it was voted to issue a new License license to Lexington Council No 94 Knights of Columbus Building Asso- ciation Inc showing the Manager as William F Cobuzzi , Jr The Chairman read a letter from the Sheraton Lexington Motor Inn requesting consideration by the Board of the extension of hours on their Liquor License to 100 a.m. on a definite basis Sheraton The Chairman said that in the interests of the intent of the Lexington legislation and our intent in granting the license to serve liquor Liquor only as long as the dining room is open, we have no alternative but Licnese to keep the specified, voted time at 11 00 p.m The Board agreed to deny the request Upon motion duly made and seconded, it was voted to deny the re- quest of the Sheraton Lexington Motor Inn for the extension of the liquor license to 100 a.m. 414 The Chairman read a letter from the Sheraton Lexington Motor Inn to extend the operating hours on their liquor license to 12 00 M. on April 15, 16 and 17, 1971 , as a convention of the Massachusetts Society of Radiological Technologists has been booked. Mr. Van Londen, Manager, states that the Board granted permission for these hours last year when the convention was booked. The Board agreed to take the matter under advisement. The Chairman read a letter from Walter J. Dunfey, Vice-President of the Dunfey Corporation, regarding the Sheraton-Lexington Motor Inn. The letter states that a liquor license is now held by this New Hamp- shire Corporation, a Delaware corporation owned entirely by individual members of the Dunfey family. On March I , 1971 , the former Dunfey Family Corporation was merged into a Delaware corporation, also to be known as Dunfey Family Corporation, which corporation however, is a Dunfey wholly owned subsidiary of Aetna Life & Casualty Company, a Connecti- Corp. cut corporation, of 151 Farmington Avenue, Hartford, Connecticut. Sheraton- The letter lists the Directors of the "continuing Dunfey Family Lexington Corporation" and states that its officer are the same as those of the former corporation; all of the officers and Directors of the licensee corporation named remain unchanged. We respectfully request that your records be revised accordingly Parenthetically, please understand that since the transaction which is the subject of this letter was not closed until March I , 1971 , no earlier notice to you advising of a precise effective merger date was possible The Chairman paid that it is a condition of this license and is a part of the statute that a request be made to the Board before any transfer of stock has taken place; there should be a notice to the licensing authority, a hearing held and approval given by the Board This has not taken place and they are in direct violation of this license, we have required this of every other licensed irnholder in Lexington Also, they have a Manager listed as Cornelius Leary and he never was the Manager, he is an Administrative Auditor out of Hampton, New Hampshire The Board agreed that the Dunfey Corporation could be in viola- tion of Chapter 138, Section 23, and will be notified of a meeting to be held on March 29, 1971 at 7 30 p.m in the Bird Room to show cause why their license should not be suspended Mr. Legro is to prepare the notice for the Chairman' s signa- ture, to be sent to the Dunfey Corporation. The Chairman informed the Board that a notice of a sign viola- tion by the Sheraton Lexington has been received from the Outdoor Sheraton Advertising Division Sheraton-Lexington Motor Inn also received a Sign notice and called this office and said it was going to be taken care Violation of; I assumed they had not removed it and, when questioned, said they wrote a letter to get it taken care of I then turned the complaint over to Mr Irwin, Building Inspector, to look into the matter. This was investigated and they agreed to remove the sign, which was on Route 128 The sign is now down and we shall inform the Outdoor Advertising Division. 415 The Chairman said that a hearing was held on February 22, 1971 upon application of the Mobil Oil Co to install an additional 8,000 gallon underground tank on the premises at 269-277 Bedford Street This was taken under advisement and referred to Chief Spellman to check out the possibility of eliminating heavy fumes at the time of delivery Chief Spellman recommends that existing vents, as well as the vent for the new tank, should be raised by 10 ft. and this would al- Mobil Oil low the vapors to dissipate more rapidly Station Upon motion duly made and seconded, it was voted to approve the Bedford St. application of the Mobil Oil Co to install an additional 8,000 gallon underground tank, and to issue a new license for storage on the pre- mises, subject to the stipulation that existing vents and the vent for the new tank should be raised by 10 feet Underground Aboveground I 5,000 gallon tank 600 gallons motor oil I 4,000 " " 300 " anti-freeze I 3,000 80 " hydromatic fluid I 8.000 " " new 40 " gasoline in tanks 20,000 gallons total 60 brake fluid 200 " oil and gasoline 500 gallons waste oil 500 gallons fuel oil - heat building The Chairman read a letter from Attorney Moss of Woburn stating that Bill No 3344 is expected to be heard by a legislative committee at the State House on April 13 and he enclosed a copy of a rendering showing the proposed entrance from the Burlington Mall into the land- locked area in Burlington He states that, eventually, the traffic from the base can be carried across open land, such as the high ten- sion wires, into property in which we have an interest and onto Route 3 and in that way alleviate the tremendous congestion that arises on Route 4 during rush hours He requests that the Board consider this proposition and lend support to the Bill after it has checked into the facts Landlocked The Chairman read the Town Engineer' s report that should the Burlington bridge across Route 3 be constructed and the land in Burlington be Land developed, it might be to the developer' s advantage to purchase land in Lexington in the Turning Mill Road, Partridge Road area to pro- vide a second access to the developed land. The Chairman said that some time ago, the Board discussed this area with the Planning Board and asked them to make some recommenda- tions for the protection of the citizens of this section Upon motion duly made and seconded, it was voted to request the Planning Board to make recommendations on the position to be taken on this proposed legislation and what action should be taken to pro- tect this area from the hazards of such a development 416 The Chairman informed the Board that a letter has been received from Chief Engineer, Sweeney of the Boston and Maine Corporation in- forming us that, effective April 2, 1971 , the annual charge for sewer pipe will be increased from $8 00 to $30.00 per year. Con- tract No 52426, dated April 2, 1956, the annual charge for drain pipe will be increased from $5 00 to $30 00 per year, Contract No. 14894, dated April 2, 1919. The Chairman said that the Town Engineer was asked for a report and it states that the Town presently has a sleeve under the B & M B & M tracks in the vicinity of Maguire Road for a trunk sewer known as Contract the ltek Trunk Sewer, and a similar situation for a drain line on Sewer & Meriam Street Both of the lines cross the B & M right-of-way. In Drain connection with the crossings, it appears that the Town entered into maintenance contracts with the railroad where the Town agreed to pay a fee to cover the maintenance cost incurred by the railroad in maintaining these facilities. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the agreement with the Boston and Maine Corpora- tion for the charge of $30.00 per year for the maintenance of sewer pipe, under Contract No 52426, and the charge of $30.00 per year for maintenance of drain pipe, under Contract No. 14894. The Chairman read a request from the State Department of Public Works to sign a Master Maintenance Agreement between the State and the Town Federal regulations require the State to enter into this Master agreement with all owners of utility facilities whose facilities lie Maintenance within any portion of a State highway freeway, a divided highway Agreement with full control of access. Mr Legro said that this is a new agreement Mr McSweeney explained that this is something we have been do- ing but the State put it in this form. The Board agreed to hold the decision until approval is received from Mr Legro The Chairman informed the Board that a letter has been received from Dr Bergmeyer of II Mountain Road regarding the status of Mountain Road and requesting that this be formally investigated by Town Counsel Bergmeyer The Chairman said that Mrs Bergmeyer had come in to see him Mountain and he had explained the status, in his opinion, was that it was a Road private way and not open to public travel but open to people to get into the Hennessey property The question was asked about a chain but it was explained that, if patrolled, they would be unable to get in Mr McSweeney has submitted a report that Dr Bergmeyer has asked the DPW to plow and maintain an access to his property. It is clearly stated in the Grant of Right of Way that the right of easement granted is subject to the provision that the Town is under no obligation to construct a passageway within or in any manner to improve said strip of land and is under no obligation to plow or 417 remove snow therefrom or from any passageway that may be constructed there- in. Mr McSweeney stated that in a telephone conversation with Dr Bergmeyer, he had informed him that this was a private way granted to him for access to his property Dr Bergmeyer asked who could give him a more definite answer as to the legal obligation to the Town and was told that he should seek legal counsel and have his deed and property transfer reviewed. Dr. Bergmeyer stated that he believed that the Town should clear their obligation and he wanted to know who could provide the answer Mr. McSweeney suggested that he write to the Board. Mr O'Connell said that he has talked with Dr Bergmeyer and it appears what he is asking for is that he would like to have the road declared as being in such condition that the Town has an obligation to keep it open but he would like to have traffic except for his own use, restricted. The Chairman said that the condition is clearly set forth that the Town is under no obligation. Mr. Legro said that the instruments clearly set forth the restric- tive rights, he will review them and report to the Board on next Mon- day evening The Chairman read a letter from Dr. Fobert in reply to a request from the Board for a recommendation regarding Crosby Road Traffic at the Hastings School Dr Fobert suggests that it not be made a one- way street but the School Department would appreciate it if the Town could install No Parking signs on the opposite side of Crosby Road and Crosby in the school driveway Further, they would appreciate it if the Town Road could use a larger snowblower so that the Crosby Road entrance could be kept to its full width; if the sidewalk were also cleared this would also help Mr Kenney said that this is only a small part of the problem on Crosby Road. The regulations should be changed. The Board agreed to look at the entire package of the situation in this area. The Chairman read a letter from the Board of Health of a majority vote to recommend an appropriation of $ 12,000 for the Mystic Valley Mental Health Clinic The Board of Health also agreed that during the year they will request from the Clinic more detailed reports of their services for the community and, also, of their financial state- ments, thereby making clinic requests in the future easier to evaluate Mystic Mr Bailey said that Mystic Valley requested $17,000 Valley The Chairman said that the Board of Health came up with a major- Mental ity vote of a recommendation of $ 12,000 Whatever is submitted by them Health is submitted to Town Meeting and I don't think we can change this num- ber on the motion Based on our present policy, the Board of Health is responsible for submitting a number and policing Mr Legro said that it is covered under statute 2, which calls for funds either under the Board of Health or whichever it provides for -41_h Mr Bailey thought they are locked in with that number; I would like to see if we couldn't persuade this Board to take a position to amend up the requested amount and ask for the full $17,000. The Chairman asked if he could defend $17,000 better than they could defend $12,000? Mr. Bailey replied, only in the sense that there are tabulated figures; $ 12,000 is arbitrarily arrived at. The Chairman asked, for now, are we going to maintain our policy and submit the number or fight the Board of Health? Mr. Bailey said that is their number; it is not our Article Upon motion duly made and seconded, it was voted to certify the Character of the following who have applied for a Certificate of In- corporation Louis Laudani 3 Ingleside Road "Community Theatre of Bedford, Inc " Louis J. Bakanowsky 484 Concord Avenue "Polis Seventy Six, Inc " Certificate of Incorpor- Houston Antwine 15 Bellflower Street ation "Pro Speakout, Inc." Ruth R. Budd 117 Kendall Road "Green Shoe Day Care Center, Inc." The Chairman said that the Board has received an application from Auctioneer's Myron Graffam, Box 52, Lexington for an Auctioneer' s license. License The Board agreed to request Mr Graffam for a specific address, and to hold the application until a reply is received from Mr. Graffam Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following Liquor I D Linda-Jo Pettingell 6 Hibbert.Stceet Cards Justin Ross Pettingell 6 Hibbert Street Patricia D. Randolph 31 Curve Street The Chairman read a letter from Charles L. Devoe, Jr , 14 Winthrop Road, requesting the purchase of a lot in the land set aside for vet- erans Veterans' The Chairman said that although there is some acreage still avail- Lots able for this property, there are no house lots available at this time. There would have to be a development approved and a road constructed in the area This would take Town Meeting action and an appropriation of money Upon motion duly made and seconded, it was voted to so inform Mr. Devoe. 111 419 Upon motion duly made and seconded, it was voted to approve the Bond bond for Constable John J Shine, Jr in the amount of $3,000 Mr George Matheson and Mr Ernest Giroux met with the Board to discuss their property in the Center Mr Matheson said that the Board has asked what our intention is - it is our intention to build a structure of a mall type on the first floor and apartment complex on the second and third floors, as proposed a couple of years ago I believe Mr. Legro has to firm this up. On the land swap, we have to go through Town Meeting to do this The Chairman said as we discussed, it is the interpretation of your attorney on the 15 ft. strip of land, for us to grant an ease- ment over it, we would have to go to Town Meeting Will your attorney accept the age of the vote? As far as we are concerned, we feel it is still valid. Mr Giroux said that he feels it is not and will be in contact with Mr Legro. Mr Matheson said our answer is, yes, we would like to make the land swap; yes, we will build, with underground parking, etc. Mr. Giroux said it would involve going to the Board of Appeals The Chairman said that you will have to go the route; the pur- pose of this meeting is to answer the questions. Mr Giroux had a question. He asked if this does involve a special Town Meeting, how long will it take? The Chairman replied that the mechanics will probably take. a Center month - how far we go on our negotiations and when we come to terms Property What about a schedule, do you have one in mind? Mr. Matheson replied, 60 days The Chairman asked, to begin construction? Mr. Matheson replied, 90 days or 120 days; I don't want to get trapped in the winter Finance-wise, there is no probles; construc- tion, no problem; the problem is the land swap and to build two stories above the mall The Chairman said that their attorney should contact Mr Legro, who will come back to the Board; then, we will schedule another meet- ing and tell you exactly what we think Mr Matheson said, you understand that we are ready to go for- ward Mr Giroux mentioned the gravel problem,. Mr. Matheson said we will spend $3,000 to fill it; I think we can work it out with the Public Works Department to properly, but not completely, fill it. The Chairman asked if they are going to take the wall down that is adjacent to our sidewalk? Mr Matheson said that Mr Coscia said to leave it there to re- tain the sidewalk The Chairman thanked Mr Matheson and Mr. Giroux for meeting with the Board. He said that we encourage you to go forward Mr Matheson and Mr Giroux retired from the meeting 4120 Representative Cole; Mr Zehner, Town Treasurer; Capital Expen- ditures Committee and Appropriation Committee came into the meeting The Chairman said that Mr Cole is here to talk on the tax pro- gram that is before the Senate. As a member of the House, Mr Cole voted against the tax program and I think our position should be the same in the Senate as we previously took as being opposed to this tax program in its present form. Mr. Cole said that we were given a copy of the bill just prior to debating and it takes time to study it. On the 1970 tax rate, it projects $3 60 as the effect for Lexington; money taken out by amendment reduced it to $ 1 .80; they took out $70 M. and they put $30 M back in. Lexington, as one of the more affluent towns, certainly contributes more per capita than the average per capita in the State It would seem to me if cities and towns were going to help themselves, they would be better to handle it themselves rather than a middle man; if we don't start taking care of ourselves, we get the short end of the stick The Chairman said there is no question but for any State-wide tax proposed, a town like Lexington gets hurt We met with the Massachusetts League of Cities and Towns, and Boston and other cities were all in favor of it, we told them they could affort it. When voting, we were buried each time I think we should take a position on this tax program It is most important and I can't see saving $3 60 on one hand and then have it cost us $5 or $6. Tax Mr Cole said there are some parts that are not bad but maybe Program this is the year we have to tighten our belts. Mr Lee Whitman of the Capital Expenditures Committee said that we are making a greater effort than other communities in the State in supporting our educational System. Our response should be that we are not that affluent and that should be our position. The Chairman asked Mr Furash, Chairman of the Appropriation Committee, if he had any questions? Mr. Furash replied, no, our committee is on record as being un- favorable. There are not clear examples of what the impact is. Mrs Riff in said there have been amendments made but we are not knowledgeable about the details of the bill We should give Mr. Cole the sense of the group and the flexibility to act, we should give him the sense that he should vote the best interests of the finances of the Town of Lexington Mr. Cole said this is the first time the tax bill has been voted on before a budget has been presented I have had pressures the other way but I intend to vote against this until it comes up that Lexington is going to break at least even. Mr. Kenney asked what if we had the same attitudes on the MBTA, the idea of Lexington breaking even and not helping others Mr. Cole replied that those towns shouldn't have assessment if they have no service, and that is the inequity as there is no way for those towns to get out; the State took over the authority in the State 1 421_ If this tax bill gets through the Senate, it must come back to the House If people have a definite feeling for or against, they ought to make it known The Chairman said we have broken our backs on the budgets and ,it would all go down the drain unless we take a definite stand, don't take one at all . I don't agree to their approach to distribution and feel our position should be to raise enough money by taxes to balance the budget. We will take care of our own For us to say we would get relief, it is foolish Mr Cole said that, as Mr Whitman remarked, we have put a lot into our schools. The Chairman thanked Mr Cole for meeting with the Board and Mr. Cole retired from the meeting Later on in the meeting, the Board agreed to take a position of being opposed to the tax program in its present form and to write to Senator MacKenzie to oppose this program, as the Board feels that the tax program adopted should be to balance the budget as recommended; that any further aid to cities and towns should be withheld until an equitable distribution formula is agreed upon; before we support any new programs, we should definitely know how Lexington may be affected. Mr Zehner met with the Board to discuss the $4.3 M bond issue for the Junior High at 5, 10 and 15 maturities He said that it is the opinion of knowledgeable people that we ought to go to market with our Junior High bonding within the next 30 to 60 days and to make some de- ' cision as to what the terms should be. There will be no impact on the 1971 tax rate if we go to market in the first six months, six months later, on the anniversary, we pay the interest only For 5 years, it would be $500,000 a year We could issue the bonds this spring I think of 15 years as being par, but the easiest financing might be misleading. Ten years would leave some leeway for capital expenditures, and I lean toward 10-year financing Mr Blake, Chairman of the Capital Expenditures Committee, said we have discussed the question of what is the ultimum bonding period Junior and recognize that until you have really firm numbers of interest High rate, you should reserve judgment As a guideline, in the past we Bonding felt it is reasonable to bond schools over such a period of time that state reimbursement pays the interest costs of the loan and the Town gets the use of the money Two factors that we think should be considered beyond this are ( I ) the fairness with which you apportion the cost of major capital expenditures, if it were to be for 5 years, it would be an unfair burden for the people only being in town for 5 years. (2) There is the probability there will be other bond issues Some can't predict the effect of bondings over too short a period and would tend to defer and the gains would be wiped out by the inflated cost of the construction that has been postponed It would be unwise to assume inflation will go away It is not unan- imous but we would tend to favor 15 years relative to the 10 years We would all be against 5 years The Chairman asked if the tax rate it $65 vs $6530, would they postpone a major capital project on that basis? 422 Mr. Blake replied that you can nickle and dime; we already have town office bonding for 5 years and this consummates the tax rate as being heavy. Mr Furash said that his committee has not discussed this in formal fashion. To take a vote, there are those who would say the future should pay for the use. Being the Appropriation Committee, we took our shortsighted view and that is - what is the impact on the taxpayer? We feel the current year tax rate should not get out of hand and would not like to see it rise but to keep pace. We would like to see this portion of the burden kept moderate and would probe ably tend to go 10 or 15 years Ten would interest us in the pre- cipitous drop in the rate and we would like, to see what Capital Expenditures say - what is the projection that the Town needs for capital goods? The Chairman said we should go one step further; to save $ 1 M, you have to do your share in getting $60,000, which is what we are talking about to get the $0.30 Mr Furash said we don't want to see this brought back so short that it would put an undue burdon on the taxpayers. The majority of us would say 10 years. Mr. Kingston of the Capital Expenditures Committee said that one has not taken into accounting that dollars are going to inflate and 15 years would not look as bad as 10 years, the actual cost to the home owner is going to be less. I would lean much more to 15 years The Chairman said that he would like to see our rating changed as it helped us on the short term bond If we did it, our rating would once again be improved. I look at it as creating our image that we are running our town on a solid approach and this could affect every bond issue we float. The Chairman asked the Committees to discuss the bond issue and come back to the Board. Later on in the meeting, Mr Blake informed the Board that the Capital Expenditures Committee was unanimously in favor of the 10- year bonding for the Junior High School . The Board discussed the Junior High Bond issue and it was the sense of the Board to request Town Treasurer to advertise the bonds for a term of 10 years The Board discussed the Governor' s tax program that was before Tax Program the Legislature and the Board voted to go on record as being opposed to this program Mrs. Riff in Abstained. The Board discussed taking a position on the following Articles Warrant Articles Article 16 - Curbings Selectmen-$5,000; Appropriation Committee-$0.; Capital Expenditures Committees-$5,000 The Board finally agreed not to ask for any money under Article 16. 423 Article 17 - Drains Selectmen-$41 ,000; Appropriation Committee-$36,000; Capital Expenditures Committee-$36,000. The Chairman said that we feel the extra $5,000 is what we needed on three small drains, especially on Harrington Road Article 18 - Water Mains Selectmeh-$25,000; Appropriation Committee- $15,000; Capital Expenditures Committee $15,000 The Chair- man said that we need $25,000 to finish the water main on Spring Street; we have to loop that system. Article 19 - Sidewalks Selectmen-$45,000, Appropriation Committee-$0. Article 20 - Sewer Mains Selectmen-$350,000, Appropriation Committee- $350,000; Capital Expenditures Committee-$350,000 Article 24 - Public Works Equipment The Chairman said we have it as $70,000 and you recommend $60,000 We have justification for the mist sprayer but if we only get $60,000, that will be deleted Article 27 - Mystic Valley Children' s Clinic The Chairman said that the Board of Health recommended $ 12,000 and the motion will read $12,000 Mr Kenney said that it could possibly be amended up to the amount requested. Article 31 - Acquisition of Ashley-Steeves property for general pur- poses; Selectmen-$24,000; Capital Expenditures Committee- Mr Blake said that we have an overall $ 100,000 which would include land around Worthen Road Article 32 - Acquisition of Ashley-Steeves property for conservation purposes Selectmen-$25,000 Article 33 - Layout of Worthen Road - Marrett Road to Sherburne Road, Selectmen $ 1 ,000 Article 34 - Chapter 90-Highway Construction-Worthen Road, Marrett Road to Sherburne Road Selectmen-$60,000, Capital Expen- ditures Committee-Mr Kingston said that we have not been convinced of the necessity of that project; Appropriations Committee agreed with unfavorable action The Chairman said he didn't understand the logic of turn- ing it down with no reasons given to ahy Board. Mr Furash replied that our position is, we were not per- suaded by grants, we were not presented with facts that the road had to be built We were not persuaded that we wished to see a continuation which would break traffic across houses that now have driveways on that road As far as the issue of someone else laying it out, we felt 424 these were matters of opinion, not a demonstrable fact of what is going to happen tomorrow; we couldn't be persuaded. The Chairman said that our position is, we had the study made Mr Bernier said that the Chairman of the Planning Board said the overall proposal was desirable The Chairman said, what you are saying is that as far as the Appropriation Committee is concerned, you agree to participate in Chapter 90 as long as you agree on the street Mr Levingtton said that Chapter 90 funds alone, per se, are no reason for building the road. Mr Kingston said that it is not a question of finances but it increases the hazards of Waltham Street and an- other section of Route 2A to get lights. The Chairman said that we joined TOPICS and the whole Town is being evaluated. You are saying you want to forego $60,000 Mr Furash replied, yes, unless you have another road. The Chairman said the $60,000 is lost if we don't build Worthen Road. We want an understanding when we get up at Town Meeting Mr Furash said we will say it is not rteafly lost. We will discuss it again tonight. Article 38 - Town Office Building Access Way and Parking Selectmen- $25,000, Capital Expenditures Committee Mr. Blake said we haven't considered this since a plan was submitted; we will meet and consider it again. Later on, the Cap- ital Expenditures Committee agreed to $25,000. Article 39 - Air Conditioning of Police Building Selectmen-$27,000; Appropriation Committee and Capital Expenditures Com- mittee- $27,000 Article 40 - Town Office Building Furnishings and Equipment Selectmen} $ 10,000; Appropriation Committee and Capital Expenditures Committee-$ 10,000 Article 41 - Local Disaster Preparedness Selectmen-$5,000; Appropria- tion Committee and Capital Expenditures Committee-$5,000. Article 43 - Data Processing Study Selectmen-$ 10,000, Appropriation Committee and Capital Expenditures Committee-$10,000 Article 44 - Voting Machines-Leasing or leasing with option to purchase 5 machines Selectmen-$ 1,650; Appropriation Committee and Capital Expenditures Committee-$ 1,650 42 Article 45 - Vocational School Selectmen-$4, 120; Appropriation Committee and Capital Expenditures Committee-$4, 120 Article 46 - Photogrammetric survey and maps; Selectmen-$3,000; Appro- priation Committee and Capital Expenditures Committee $0 Article 47 - Lincoln Street-further development Selectmen-$25,000; Appropriation Committee and Capital Expenditures Committee- $ 10,000. Article 49 - Easement at Lincoln Street and Marrett Road Selectmen The Chairman said that $ 1 ,000 will be adjusted; we are hav- ing an appraisal made Article 57 - Construction of horse riding ring Selectmen-$1,000; Appro- priation Committee-$0 Article 58 - Repairs to Center Swimming Pool Selectmen-$12,500; Appro- priation Committee and Capital Expenditures Committee-$ 12,500 Article 59 - Waste Disposal for schools Selectmen have not taken a posi- tion Article 61 - Titlebaum land Selectmen-$68,000. Article 62 - Ballou land Selectmen-$32,000 Article 63 - Cooke land Selectmen-$ 7,000 Capital Expenditures Committee Mr Blake said if the Worthen Road land is disapproved by Town Meeting, we would be in favor of this Mr. Furash said if you move Article 19 for $45,000 and Article 18 for $25,000 we would cut the sewer budget back We made it clear to you about the total amount of dollars spent amid we don't want to argue with you We would be happier if you did not pressure Article 19. The Chairman said it was unfair; the Planning Board is asking us for $75,000 and it is only fair that we present it; if I had the choice of the two, I would pick sewers The Capital Expenditures Committee retired from the Meeting Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Chairman read a letter from the Planning Board regarding Meagherville, stating that it will move indefinite postponement on Meagher- Article 69, calling for the rezoning of approximately 14 acres of ville land at the extension of Myrtle and Center Streets, but Intends to I 426 proceed with the proposed rezoning of 9.5 acres of land at Hickory 111 and Ash Streets under Article 70 Pursuant to our discussion last week, we would like to be able to assure Town Meeting that, in the event the rezoning proposed under Artiole 70 is passed, ( I ) the Board of Selectmen would not convey the land in question until any problems involved are settled to its satisfaction and a developer' s plan has been presented to and accepted by a future town meeting; (2) the Board of Selectmen and the Planning Board would work jointly in attempting to select a suitable developer for the site Upon motion duly made and seconded, it was voted to support the Planning Board in their position, as stated in ( I) and (2) but this in no way is to be interpreted as support for the Article that is being proposed The Board discussed the Drug Advisory Committee Upon motion duly made and seconded, it was voted to appoint Irving H. Mabee a member of the Drug Advisory Committee for a term expiring March 31 , 1972. The Board agreed to meet at 7 00 p.m on Monday, March 15, 1971 . Upon motion duly made and seconded, it was voted to adjourn at 12 05 p.m. A true record, Attest jek Executive Clerk, Selectmen I 427 SELECTMEN'S MEETING March 15, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, March 15, 1971, at 7 00 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs. Riffin were present, Mr. Legro, Town Counsel ; Mr O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were also present. Mr O'Connell recommended that the Board approve the extension of sick leave for 30. days for Department of Public Works employee J. Reginald Perry, who had suffered a heart attack on January II , 1971 . Mr Perry has been employed by the Town for 14 years and his sick leave has been used for minor illness and a major operation DPW Upon motion duly made and seconded, it was voted to grant an Employees' extension of sick leave for 30 days to J Reginald Perry. Sick Leave Extension Mr O'Connell recommended that the Board approve the extension of sick leave for 30 days for Department of Public Works employee Frank J Longleway, who has been out since February 8 because of a mastoid. Mr Longleway has been employed by the Town for 24 years and his sick leave has been used for minor operations Upon motion duly made and seconded, it was voted to grant an extension of sick leave for 30 days to Frank J Longleway, starting on March 29, 1971 Mr. O'Connell read a letter from Kenneth Garber stating that he wished to start a private ambulance service in Lexington with two cadillac ambulances; he proposes that the Town handle emergencies and he would handle others. Ambulance The Chairman said that Mr Garber should be informed that the Service Town' s policy is that we only cover emergencies and do not accept Request transfer runs. The Board agreed to refer this to Town Counsel to see if there were any permits required. Mr O'Connell informed the Board that a request has been received from Youth Employment Service of the High School for permission to use the area in front of the Visitors' Center on May 8 from 8 00 a.m to 4 00 p.m., with a rain date of May 15 for an Art Sale and other prod- Permit ucts made by students There would be a minimum of two adult super- visors present and clean-up would be provided The Chairman recommended that Mr O'Connell check the previous permits granted by the Board so there would not be a conflict in dates The Board had agreed not to grant permission for the same area to be used every week in order to protect the grass. 42h Upon motion duly made and seconded, it was voted to grant permis- sion to YES to use the area in front of the Visitors' Center on May 8, 1971 from 8 00 a.m. to 4 00 p.m., subject to the usual restrictions of the Superintendent of Public Works, and subject to prior commit- ments. The Chairman read a letter from the Visiting Nurse Association requesting the appointment of a Selectmen to the Board of Directors. Visiting Upon motion duly made and seconded, it was voted to appoint Nurse Mrs. Natalie H. Riff in as the representative from the Board of Se- Association lectmen to the Board Directors of the Lexington Visiting Nurse Association The Chairman informed the Board that a petition has been received Fletcher Ave from residents of Fletcher Avenue for the installation of proper Drainage drainage on Fletcher Avenue Request Upon motion duly made and seconded, it was voted to refer the petition to the Engineering Department for a recommendation The Chairman read a letter from the Church of Our Redeemer for the Partner' s Club to have a stand at the Rectory on April 18 and 19 Also, the parish requests permission to hold a parish-wide paper Permit drive on May 2, from 1 00 p.m. to 6 00 p.m The Chairman said that we will refer the April 19 request to the Town Manager. Upon motion duly made and seconded, it was voted to grant per- mission to the Church of Our Redeemer to hold a paper drive on Sunday, May 2, 1971 from 1 00 p.m.. to 6 00 p.m. The Chairman read a letter from Mark Moore, Jr informing the Board that the Massachusetts Housing Finance Agency approved the fi- Mark nancing of his proposed Center Village Apartments off Bedford Street, Moore subject to the Town rezoning the land to permit the building and the Project Lexington Housing Authority leasing 25 percent of the units to low- income people The Chairman read a letter from Richard E. Gately, 8 Graham Road, stating that he has received three violations of the leash law and, as he owns four dogs, he has no way of knowing whch dog Gately was out It was his understanding that the Dog Officer is to re- Dog turn the dog to the owner' s house and issue a warning; this has Violation never been done The Board agreed that Mr. O'Connell is to talk with Mr. Gately. The Chairman read a request from Early Massachusetts Records re- Microfilm questing permission to inventory and microfilm our Town records prior Records to 1830. The Board agreed to refer this request to the Town Manager. Mr Legro came into the meeting at 7.20 p.m 429 Upon motion duty made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorpor- ation Certificate Harry G. Pars 42 Winthrop Road Of John C. Sheehan 10 Moon Hill Road Incorporation Marion J. Sheehan 10 Moon Hill Road "John C. Sheehan Institute for Research, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on March I, 1971 The Chairman informed the Board that appointments to March 31, 1972 must be made on the Drug Advisory Committee Last week, we Drug voted to appoint Mr Mabee a member of the Committee Committee Upon motion duly made and seconded, it was voted to re-appoint the following members of the Drug Advisory Committee and to appoint Mr Kenney as Chairman, for a term ending March 31, 1972. Allan F. Kenney, Chairman Charles E. Ellicott Jack H Monderer Sumner E. Perlman The Chairman read a request from the Town Engineer to award the contracts for the felief sewer and the pumping station. Contracts Upon motion duly made and seconded, it was voted to award Con- tract No I for the relief sewer to D. DiMartino Construction Co , Sewer & 511 Lincoln Street, Franklin, Massachusetts, in the amount of Pumping $466,735, subject to the approval of Town Counsel . Station Upon motion duly made and seconded, it was voted to award Con- tract No 3 for the pumping station to B Snyder and Company, Inc., 120 Braintree Street, Allston, Massachusetts, in the amount of $ 182,569, subject to the approval of Town Counsel The Chairman informed Mr Legro that we must make the takings for sewer and construction easements for the WPC-217 project, with an WPC-217 award of no damages. takings Mr Legro asked if we have the appraisals? The Chairman replied that we have and will submit them to him. Mr Legro said that he would need much more information; one part of this crosses Conservation land, off Utica Street, that we acquired from Mr. Steeves and we must get permission from the Con- servation Commission, the Urban Housing Development and the Depart- ment of Natural Resources The Chairman informed the Board that Mr O'Connell , Mr McSweeney and he had met with Mr Kiernan of the State DPW on Worthen Rd Worthen Road regarding the width of the pavement Mr. Kiernan said he strongly reoommends a 40 ft pavement for a 70 ft layout, but if we go to 30 ft., to have a 30 ft. pavement with 5 ft. shoulders of gravel on each side. He is saying basically, a t- lane roadway or traveiway, with 5 ft. shoulders 43() The Board, with the exception of Mr Kenney, agreed to a 30 foot pavement Mr Legro informed the Board that he has reviewed and approved the Master Maintenance Agreement between the State and Town; fed- Master eral regulations require the State to enter into this agreement with Maintenance all owners of utility facilities whose facilities lie within any Agreement portion of a State highway freeway, a divided highway with full con- trol of access Upon motion duly made and seconded, it was voted to sign the Master Maintenance Agreement between the Town and the State. The Chairman read a letter from the Chairman of the Permanent Stedman Building Committee asking if the taking of Stedman Road, as author- Road ized by the January Town Meeting, has been done yet. Mr. Legro said that he needs title references and has requested them from the Assessors Upon motion duly made and seconded, it was voted to request Town Counsel to draw the necessary papers to make the taking of Stedman Road. Upon motion duly made and seconded, it was voted to adjourn at 7 46 p.m. A true record, Attest Executive Clerk, Selectmen I 431 SELECTMEN'S MEETING March 22, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, March 22, 1971, at 7 00 p.m. Mrssrs. Kenney, Bailey and Busa, and Mrs Riff in were present Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, two jurors were drawn as follows James F McKinney 14 Rindge Avenue Jurors John J Sweeney 10 Barnes Place The Chairman read a request from the Chairman of the 19th of April parade requesting the appointment of a member of the Board as Parade judge of the float competition. Judge Upon motion duly made and seconded, it was voted to appoint Mr. Busa a judge of the float competition at the 19th of April parade. The Chairman read a request from Ralph J Masciulli , 5297 Wash- ington Street, West Roxbury, to purchase lot No 44 Valleyfield Lot 44 Street to combine with his presently owned lot No. 43 Valleyfield Valley- Street Mr. Masciulli states that he is limited in the size of the field dwelling he would erect due to the narrowness of the lot and would like to use the two lots to erect one dwelling . Upon motion duly made and seconded, it was voted to refer this request to the Planning Board for a recommendation The Chairman read a letter from Louis Tropeano requesting that the sanitary landfill be opened on-half hour earlier, from 7 30 a.m to 7 30 p.m. instead of 8 00 a.m. to 8 00 p.m during the summer. Landfill Upon motion duly made and seconded, it was voted to refer Mr. Hours Tropeano' s request to the Town Manager and the Acting Superintendent of PUblic Works for a recommendation The Chairman read a letter from Town Counsel regarding the Stedman Road acquisition of land abutting the Junior High School site Mr. Legro states that he has requested the Assessors to furnish him Stedman Rd with title references for the properties owned by the estate of Mary Land S Condinho, and Stanley and Dorothy B. Robbins; when these are re- Acquisition ceived, he will promptly request the preparation of the title ab- stracts. The Chairman stated that a copy of the appraisals will be sub- mitted to Mr Legro for his use in connection with the takings I 4 3'2 The Board agreed to write to the Board of Assessors and request that Mr Legro be furnished with the necessary information. The Chairman read a memorandum from Mr. O'Connell regarding Blue Cross-Blue Shield contracts at the increased rates, effective Blue Cross- April I , 1971 Mr. O'Connell recommends that the Board authorize Blue Shield the new contracts at the new rates and, also suggests that during 1971 we examine the question of having open bidding of employees group insurance in 1972. Mr O'Connell further recommends that the Board vote to authorize the Treasurer, as the Town' s agent, to ac- cept employee subscriptions for hospitalization coverage only, life insurance coverage only, or both, as authorized by Chapter 269 of the Acts of 1970 Upon motion duly made and seconded, it was voted to sign the con- tract with Blue Cross-Blue Shield at the increased rates, effective April I, 1971 , family coverage, $15.89 ($31 77); individual coverage $5.94 ($ 11 88) Upon motion duly made and seconded, it was voted to authorize the Treasurer, as the Town' s agent, to accept employee subscriptions for hospitalization coverage only, life insurance coverage only, or both, as authorized by Chapter 269 of the Acts of 1970. The Chairman informed the Board that a letter has been received from the Chairman of the Board of Assessors, in answer to the Board' s Master Tax request, on Article 76-Master Tax Plan. Proposal The Board agreed that this information should be incorporated in its position on Article 76 to petition the General Court. Upon motion duly made and seconded, it was voted to sign the abatement for a sewer house connection to Keith Chase, 9 Summer Abatement Street, in the amount of $81 79; drain repair not chargeable to home owner as the drain was broken at the time of sewer service in- stallation. Upon motion duly made and seconded, it was voted to sign the Auctioneer' s license for the following (renewals) Auctioneer' s License Ralph 0 Cataldo 157 East Street Harry J Myers, Jr. 27 Outlook Drive Elaine S Myers 27 Outlook Drive Upon motion duly made and seconded, it was voted to certify the Cert of character of the following who have applied for a Certificate of Incorp Incorporation John R Cassidy 31 Simonds Rd Philip P Spencer, Jr 1963 Mass Ave "Belmont Police Association, Incorporated" I 433 Herbert Wasserman 5 Rogers Road "Drug Abuse Foundation of Boston, Inc " Charles L Miller 24 Colony Road "Community Assistance Corporation" Upon motion duly made and seconded, it was voted to sign the Common Victualler license for James H. McManus Ice Cream Village, Harold F Common Pace, Jr , Manager; new owner Vict The Chairman read a letter from the Standard Oil Company stating that a new material, Barex bottle resin, has been successfully de- veloped and is an ideal container for foods, beverages, cosmetics and chemicals and can be safely and easily incinerated The request is made to vigorously resist proposals to ban burnable substitute mate- rials for glass and tins. The Chairman said that we will reply that it is the policy to allow no burning within the Town, although we do operate a sanitary landfill for our solid waste disposal Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on March 8, 1971 The Chairman read a letter from residents of the Franklin School area requesting a guard rail on Waltham Street from Brookside Avenue to Allen Street and, also, school signs The Chairman said that this request was referred to the Town Engineer and he recommends forwarding it to the Traffic Safety Com- mittee for further study. The estimated cost of a project of this nature would be slightly over $20,000 and, in order to justify an expenditure of this nature, there should be a study of traffic and pedestrian usage. Guard Rail After discussion, the Board agreed to request the Traffic Com- Request mittee to look into the situation, taking into consideration the Franklin traffic pattern and accident locations and, also, talk with the Per- School manent Building Committee as to what future traffic pattern would be, Area through and to, the Junior High School . The Traffic Committee is also requested to discuss with the School Committee the possibility of continuing a temporary walkway through the Junior High site as a possible solution Upon motion duly made and seconded, it was voted to approve the Constable' s bond for Constable Guy D Buse in the amount of $3,000 Bond The Chairman read a letter from William G Robinson, Assistant Republican Whip, requesting the Board to take a position regarding an order he had submitted to the legislature that a special committee County of the House be established to make an investigation and study rela- Courthouse tive to the feasibility of redesigning the Middlesex County Court- house in its present stage of construction in order to reduce the 434 proposed cost; said special committee to consist of seven members of the House of Representatives, and it shall report to the General Court the results of its investigation and its recommendations by filing with the Clerk of the House within sixty days of the adoption of this order. The Board agreed not to take a position and to reply to Mr Robinson and request more information on what he feels will be ac- complished by re-design and a hold-up of the bond issue Upon motion duly made and seconded, it was voted to grant permis- Cary sion to the Masterworks Chorale to hold an auction in Cary Hall on Hall Saturday, May 8, 1971 , from 9 00 a.m. to 5 00 p.m , and for set up on May 7 from 6 30 p.m. to 9 30 p.m. The Chairman informed the Board that a vacancy exists on the Town Celebrations Committee and a recommendation has been received Town Celebra- from the Committee to appoint William P. Brenchick, Jr , 48 Lincoln tions Street Appointment Upon motion duly made and seconded, it was voted to appoint William P Brenchick, Jr a member of the Town Celebrations Committee to fill the unexpired term of James W Broderick to April 30, 1971 . Mr. Legro came into the meeting at 7 25 p.m Mr Legro informed the Board that there was going to be an amend- ment to Article 25 to limit the width of pavement to 22 ft on Spring Spring St Street He had reminded the Town Meeting Member that there was no provision for an appropriation of money for the project and it should be taken into consideration The Chairman said that he was aware of the amendment and had a copy of it. The Chairman said that i3 request has been received from the League of Women Voters for the use of the Bird Room for a meeting with Congressman Morse on May I , 1971 from 2 00 p.m to 4 00 p.m. Cary Hall The Board agreed that the Bird Room is not to be used for public functions but permission would be granted to the League of Woman Voters for the use of Cary Hall_on May 1, 1971 from 2 00 p.m. to 4 00 p.rp. The Chairman informed the Board that a request has been received to issue a proclamation declaring April 8, 1971 as Coffee Day for Proclamation Crippled Children and to urge everyone to support Easter Seal rehabili- tation services Upon motion duly made and seconded, it was voted to proclaim April 8, 1971 as Coffee Day for Crippled Children The Chairman read a letter from Warren K Leslie, 38 Valleyfield Street, regarding the "Upper Story" at the First Baptist Church. Complaint The Board agreed to answer Mr. Leslie and inform him that the situation will be thoroughly looked into after Town Meeting. 435 The Chairman informed the Board that he had met with Mr Giroux on Friday regarding the Central Block and had asked ( I ) if they want to sell the entire lot and, if so, for how much? (2) if they do not sell the entire lot, to what point could we talk about buying some part of it? (3) the possibility of closing Depot Place to vehicular Central traffic and make it a pedestrian mall Block I got a call today from Mr. Giroux that they would meet with the appraisers tomorrow morning. The Chairman asked for, and received, permission to keep talking to owners of the Central Block to see if something could be worked out Also, to ask the Engineering Department to show the 15 ft orig- inally agreed upon and stakes at 25 ft , 50 ft , etc. The Chairman informed the Board that he and Mr. O'Connell had met with Boston Edison Company to discuss going underground on Meriam Boston Street, I got a call yesterday that they would, providing the Town did Edison a little bit of the work, they would go to the first or second pole Meriam St beyond the railroad tracks on Meriam Street The Board discussed Article 77 - to release the restrictions im- posed on lots 166 and 167 on Valleyfield Street owned by Mr. and Mrs Domings Domings The Board agreed that it would not like to see the restrictions Lots removed but if Town Meeting votes to release them, the Board would vote for an additional sum of $3,000 to be paid by the Domings Mr O'Connell informed the Board that the Recreation Committee would like Article 57 - Horse Riding Ring moved for indefinite post- Horse ponement on the basis that they intend to hold public hearings for a Riding location and private funds may be available for the construction of Ring the ring Mr. Legro retired from the meeting. Mr Mabee and Dr. Ellicott met with the Board to discuss the Mystic Valley Mental Health Clinic Mr Mabee said that at the last meeting, he had made a big plea for the Board to support the funds for the Clinic. It was the Board' s feeling that we never should override a responsible Board' s decision and the Board of Health is now recommending the full amount of $17,869,82 We would like to have your support. The Chairman said he could find no justification for going all the way. He had talked briefly with Mr Bailey and had asked for Mystic numbers, to just get into the dollars in the total budget and, on Valley that basis, he couldn't see the justification. Mental Dr. Ellicott explained the change in position of the Board of Health Health. He said that, basically, when the figures were first pre- sented in September, he was not familiar with the hours and cases and it was a shock to see them; the fault was in the way they ex- pressed the hours in the children' s clinic, then the hours for the parents without the children, etc Now, he feels, that actually, the Town is getting a bargain. 436 The Chairman asked if he had talked with the Appropriation Com- mittee? Mr Bailey said they are waiting for our position Upon motion duly made and seconded, it was voted to take the position of supporting the funds for the Mystic Valley Mental Health Clinic in the amount of $17,870. Mr Cataldo and Mr Buse abstained The Chairman informed the Board that we have a problem with the Bedford Relief Sewer. The president suspended the Bacon Davis Act Bedford on the Federal wage rates and we are in the middle Sewer Mr McSweeney said that we want to get approval to go ahead The Chairman said that we shall try to get the matter resolved as soon as possible Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m A true record, Attest 34/j" Executive Clerk, Selectmen I r 437. SELECTMEN'S MEETING March 29, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building on Monday evening, March 29, 1971 , at 7 00 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa and Mrs. Riff in were present. Mr Legro, Town Counsel , Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present Mr O'Connell informed the Board that the Town Engineer has re- ceived four bids for sidewalk construction; the three lowest bidders are A R. Belli Inc , Newtonville, $63,485; J.S. Hays Co , Inc , Sidewalk Waltham, $78,537.26; E B. Rotondi & Sons, Winchester, $86,926 The Contract Town Engineer recommends, and I concur, that the contract be awarded to the lowest bidder, A R Belli , Inc , in the amount of $63,485 Upon motion duly made and seconded, it was voted to award the contract for sidewalk construction, Contract 70-6-E, to A R. Belli Inc., in the amount of $63,485 The Chairman informed the Board that Chief Corr has submitted a list and requests that appointments be made as Special Police Of- ficers for 1971- 1972 Special Upon motion duly made and seconded, it was voted to appoint the Police following as Special Police Officers to March 31 , 1972 Acheson, Eugene A 2634 Massachusetts Avenue Resident Adams, Adam A 23 Charles Street Resident Adams, Alan G. 15 Somerset Road Resident Adams, Bertram H , Jr. 127 Wyoming Avenue, Malden M.I .T Lincoln Lab Anderson, Carl 41 Ledge lawn Avenue Civil Defense Anderson, George D. 3 Corcoran Road, Burlington Police Cadet Bailey, Fred C 48 Coolidge Avenue Selectman Baker, Ramon C. 14 Stratham Road Resident Ballou, Sidney R. 38 Highland Avenue Resident Barnes, John E. 15 Eagle Dr , Salem, N.H M I T Lincoln Lab Barnes, Raymond B. 59 Gleason Road Resident Barrett, Elliott J 92 Middle Street Resident Barry, George C 36 Forest Street Resident Barry, John M. 34 Forest Street Resident Belcastro, Francis 174 Wood Street Firefighter Belcastro, Frank 332 Concord Avenue Dog Officer Bentley, Thomas 264 South Road, Bedford Custodian Berberian, Mark 61 Ravenwood Road, Waltham Police Cadet Bernier, Arthur T. 54 Baskin Road Resident Bluteau, Joseph 2IA Flint Street, Somerville School Department Brown, Otis S , Jr. 3 Bond Road Resident Brucchi , John W 63 Paul Revere Road Firefighter Busa, Alfred S 38 Circle Road Selectmen 3b Carlson, Norman C 329 Marrett Road Police Cadet Casey, William P. 1063 Massachusetts Avenue School Department Cataldo, James 43 Rindge Avenue Firefighter Cataldo, Robert 14 Aerial Street Selectmen Cole, Lincoln P. 16 Hill Street State Representative Corr, Steven A 8 Park Street Police Cadet DeFelice, Dominic J. 17 Larchmont Lane Resident Delfino, Nicholas J. I Forest Street, Stoneham School Department Dooley, Henry W. 77 Baker Avenue Resident Doughty, George, Jr 75 Paul Revere Road School Department Driscoll, Robert V. 30 N Broadway, Haverhill M. I .T. Lincoln Lab Emery, Alan 441 Lowell Street Firefighter Ernst, Karl 37 Eldred Street Resident Ewers, Joseph E 12 Old Coach Road, Weston M I .T Lincoln Lab Flaherty, William 4 Spencer Street Firefighter Freeman, George 13 Grant Street, Concord Police Employee Gallagher, Edward T 8 Spring Lane, Maynard M I .T Lincoln Lab Garber, Kenneth S 6 Reed Street Police Photographer Gilman, Edward M 56 Bloomfield Street Firefighter Goodfellow, Arthur L 12 Edge Street, Ipswich M I T Lincoln Lab Goulart, Edward G. 6 Rindge Terrace, Cambridge M I .T. Lincoln Lab Greeley, Peter Bank Guard Hadley, Jerbert R. 6 Fern Street, Chelmsford M. I .T Lincoln Lab Hrvby, Albert W 36 Williams Road Resident Hurd, Richard G 12 Loring Avenue, Maynard M. I T. Linconl Lab Jackson, Lee B. 62 Bow Street Police Dispatcher Jefferson, Charles E 8 Alcott Road Civil Defense Jones, Cecil 36 Woburn Street Civil Defense Kelley, Kenneth, Jr 54 Ward Street Firefighter Kenney, Allan F 10 Frost Road Selectman MacDonald, Charles 24 Bernard Street Civil Defense MacLean, Ralph D 9 Spring Street Resident Marshall , Joseph 110 Woburn Street Firefighter Mazerall , Paul 20 Wilson Road Park Superintendent McCarron, Francis 5 Hillside Terrace Firefighter McDonnell , Edward T. 62 Elm Street, Bedford Cary Library McSweeney, John 54 Emerald St , Quincy Town Engineer Mercer, Charles R. 6 Park Street Resident Michelson, Richard 54 Asbury Street Resident Muller, Eugene T. 24 Ewell Avenue Firefighter Muller, Leonard E. 19 Fairbanks Road Firefighter Nutt, Alfred 45A Ridge Road School Department 4:39 O'Connell , Walter C. 57 Emerson Gardens Town Manager O'Leary Joseph R. 171 Lincoln Street Police Cadet Ormiston, Wallace W 38 Charles Street School Department Pekins, George 28 Chase Avenue Firefighter Pezzulo, Michael 247 Marrett Road School Department Prescott, Robert 2 Forest Street Resident Redmond, James F. 9 Utica Street Firefighter Riffin, Natalie 6 Field Road Selectwoman Rooney, Joseph 0. 222 Waltham Street Resident Ruscak, Richard 23 Copeland St., Waltham Police Cadet Ryan, Thomas 53 Vine Street School Department Ryder, Howard D 2 Wilson Road M I T Lincoln Lab Samuel , Frank T., Jr. 8 Burnham Road Resident Saunders, Robert W 295 Marrett Road Resident Spellman, Walter 269 Massachusetts Avenue Fire Chief Spiers, William L , Jr 185 Lowell Street M I .T Lincoln Lab Stevens, Edward P 4 Chandler Street, Salem School Department Stevens, Raymond Treble Cove Rd , Billerica School Department Stucke, Alden F 31 Hancock Street Resident Sullivan, Alden F. 17 Curve Street School Department Swan, Duncan F. 24 Bedford Street School Department Totman, Frank H , Jr 46 Moreland Avenue Resident Trani , Joseph A. II Slocum Road Resident Wessinger, Wallace C. 193 Bedford Street Resident Wenham, Thomas I Francis Road Asst Supt Pub Works Whiting, William 341 Lowell Street Firefighter Wilson, David L , Jr. I Burnham Road Civil Defense Wright, Glenn 67 Simonds Road Resident Yewell , Paul 6 Leeland Terrace Resident The Chairman read a letter from Edwin B Worthen, Jr , 38 Dexter Road, regarding the Central Block and requests that the Board defer issuance of a certificate of appropriateness or building permit for the construction of a building on this site; to reduce the height of buildings in C2 districts by amending the Zoning By-Law; to obtain Central costs, to be presented for public action, of purchasing all or part Block of this land by the Town, if necessary, by a Special Town Meeting The Board agreed to inform Mr Worthen that the Chairman has been authorized to continue discussions with the owners of the Central Block to see if some agreement can be reached for the Town to acquire more than the original 15 feet and, as soon as the Board is aware of the owners' thinking, the matter will be discussed and recommendations made to the Town 440 The Chairman informed the Board that he had talked with Mr. Matheson and Mr Giroux today, they had met with their Counsel ,and it III is their opinion they will not need further Town Meeting action to consummate the agreement I told them that in the interests of every- body concerned, we would still want to look at it in the light of the possibility of acquiring more than the 15 ft we had originally talked about We would put the stakes in and talk with them before Wednesday Mr Bailey asked, what is our position? The Chairman said they had agreements drawn, but they were never signed, for an evan swap of 15 ft. in the front for the old fire station in the rear The Board agreed to continue talking with the owners to see if something can be resolved. The Chairman read a letter from the Chairman of the Board of Appeals stating that, last year, Town Meeting granted the Board of Selectmen the right to convey an area of land to the Housing Author- ity on which to build no more than 50 dwelling units and the Board of Appeals would like to know how many acres the Board intends to convey and what does the Board intend to do with the rest of the Housing - eleven acres, which is more than is necessary for the Authority to Vinebrook use for the 50 units The Chairman said that it was our position the area was going to be determined and we would ask Town ,Meeting to void the vote authorizing us to convey the land. We should meet with the Housing Authority in order to fully understand what they propose to do and what they are asking for, then, hold a meeting with the abutters and get their feeling on the project as we promised at Town Meeting. As soon as this is accomplished, we will meet with the Board of Appeals and get the matter completely resolved Mr Buse asked if the Board had moved to buy II acres? The Chairman replied that we have the authority to convey to the Housing Authority what they need; it is Town land and we don't have to buy anything. The Board agreed to write to the Board of Appeals that a meet- ing will be held with the Housing Authority and the abutters and, then, meet with the Board of Appeals. The Chairman read a letter from the Lexington Lodge No. 2204- B.P 0 E requesting permission to keep the Lodge Hall open from Elks' Ex- 12;00 N until 12 00 M on Monday, April 19, 1971 . tension of The Chairman said that the Lodge is really asking for an exten- Liquor sion of their liquor hours Hours Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Lodge No. 2204-B.P.0' E for an extension of hours under its Club Liquor License to 12 00 N until 12 00 M on April 19, 1971 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on March 22, 1971 . 441 The Chairman read a letter from the residents of Mason Street and Pleasant Street regarding traffic conditions. Mason St. Upon motion duly made and seconded, it was voted to refer this Traffic request to the Traffic Committee for a recommendation Upon motion duly made and seconded, it was voted to certify the character of the following who has applied for a Certificate of Incor- Cert. of poration Incorp Donavae Hughes 31 Bartlett Avenue "Harvard House, Inc " The Chairman read a request from the Library Trustees for the ap- pointment of a Selectman to the Executive Committee of the Board of Executive Trustees of Cary Memorial Library for the interim period pending Committee election at the annual meeting in October. Of Library Upon motion duly made and seconded, it was voted to appoint Fred Trustees C Bailey a member of the Executive Committee of the Board of Trustees Appointment of Cary Memorial Library for the interim period pending election at the annual meeting in October The Chairman read an invitation to the Board to participate in the Concord Patriots' Day Parade on April 19 at 9 00 a.m. Concord Membersof the Board will inform the Clerk if they are able to Parade attend Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Robert Steven I D. Card Wein, 6 Burnham Road. Mr. Legro came into the meeting at 7 15 p.m The Chairman asked the Board to discuss the request from the Sheraton Lexington Motor Inn to extend the hours under the Innholder Liquor License to 12 00 M on April 15, 16 and 17; a convention of the Massachusetts Society of Radiologic Technologists has been booked on these three dates. Sheraton The Board unanimously agreed to extend the hours on only one Liquor evening, April 16, until 12 00 M , with the clear understanding that the Board will not grant permission again under these conditions. The Chairman informed the Board that the Massachusetts Society of Radiologic Technologists has extended an invitation for a Select- man to be present on the opening of the convention to extend greet- ings and well wishes of the Town. Mr Busa is to attend asa representative of the Town The Board agreed to change the date of its meeting to Wednesday Board evening, April 14, 1971 , at 7 30 p.m Meeting 442 Mr Legro informed the Board that he has reviewed the Blue-Cross Blue Cross Blue Shield contracts and approves them as to form. Contracts Upon motion duly made and seconded, it was voted to sign the Blue- Cross-Blue Shield contracts. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m A true record, Attest Executive Clerk, Selectmen 44: SELECTMEN'S MEETING April 5, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, April 5, 1971 , at 7 00 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse and Mrs Riff in were -present.. Mr. Legro, Town Counsel;, Mr. O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were also present Mr O'Connell requested approval of the bond for the Town Clerk in the amount of $2, 100, approved by the Commissioner of Corporations and Taxation; also, the bond for the Assistant Town Clerk in the amount of $2,000, which does not require the approval of the Commis- s iener. Bonds Upon motion duly made and seconded, it was voted to approve the bond for the Town Clerk in the amount of $2,100. Upon motion duly made and seconded, it was voted to approve the bond for the Assistant Town Clerk in the amount of $2,000. Mr. O'Connell informed the Board that an invitation has been re- ceived from the School Department to attend a meeting, arranged by the Superintendent of Schools, at the Senior High School on April 14 at School 2-00 p.m. to review discipline procedures arising out of the recent Dept. fire at the school. The public is not invited but they hope that Meeting members of the Board will attend. Mr. O'Connell informed the Board that he had received a notice that the School Department has scheduled a half-holiday on Good Fri- School day, April 9, for all personnel , administrative and custodians, and Closing all schools will close. The notice was to all staff people and will have a bearing on all school offices and custodians. Mr. O'Connell informed the Board that he had received a letter from Mr. Slowey, Chairman of the Red Cross, asking permission- to dis- play a red banner across Massachusetts Avenue at Mariam Street as Red Cross publicity for the Bloodmobile on April 26; they would like to fly the Banner banner after the 19th of April , from April 20 to 26. If the Board Bloodmobile grants approval , they would have a banner made up; if not, they would ask for some alternate approval for a sign in the Center. The Chairman said that we all are sympathetic with the Red Cross but we couldn't grant permission for the banner. Mr. Kenney suggested they have a car parked in the Center with a sign on it. Mr. O'Connell said that he would work something out with the Red Cross. The Board agreed to deny the request for the banner. 444 Mr. O'Connell said that permission was asked to fly the Red Cross Red Cross flag on May 8, World Red Cross Day. Flag The Board agreed to grant permission to fly the Red Cross flag under the American flag at the Town Office green on May 8, 1971. Mr. O'Connell informed the Board that he had received from the State the certification of the primary list for Police Captain. Police Lt. Lima topped the list by rather a wide margin and I propose to Captain appoint him as Captain. Lt. Lima was high at 90.58%; Lt. Dooley, 85.92%; Sgt. Withrow, 84.60%. The Chairman asked if he had discussed salary? Mr. O'Connell replied that he will discuss it with Chief Corr. Mr. O'Connell distributed to the Board copies of a memo regard- Bicentennial ing the Chairman for the 1975 Celebrations Committee. Chairman The Board agreed to discuss the recommendations of the Town Manager as soon as possible. , The Chairman informed the Board that a copy of the Great Meadows Great study has been received. Meadows Mrs. Riff in took the copy and will submit it to another member Study of the Board when she has finished reading it. The Chairman said that members of the Board have a copy of a letter from the Planning Board with recommendations regarding the Lexington- position of the Board on House Bill No. 3344 and what action should Burlington be taken to protect the Turning Mill Road area from the hazards of Land industrial development on the other side of the Burlington-Lexington town line. The Chairman said that the hearing by a legislative committee is set for April 13 at the State House and I think we have no al- ternative but to oppose the legislation to construct a bridge or tunnel or otherwise to provide access to connect the land in the Town of Burlington on the westerly side of new Route 3 with the land lying on the easterly side of said Route 3. We should have the position of the Board on record. Mr. Kenney said that he would like to read the entire recom- mendation from the Planning Board. The Board agreed to discuss the matter and take a position. Later on in the meeting, the Board agreed to take the posi- tion of being opposed to House Bill No. 3344. Upon motion duly made and seconded, It was voted that the Board of Selectmen is opposed to House Bill No. 3344 for the con- struction of the bridge to provide access to connect the land lying on the westerly side of new Route 3 with the land lying on the easterly side of said Route 3, under the provisions of Chap- ter 90 of the General Laws, and to expend such sums as may be ap- propriated therefor for this purpose. I 445 The Chairman readYouth a a request from the Lexington Yo Baseball t B Leagues, Inc. for permission to hold the annual opening baseball parade with Police escort and fire engine on Saturday, May I , 1971 , at 130 p.m Baseball Upon motion duly made and seconded, it was voted to grant per- Parade mission to the Lexington Youth Baseball Leagues, Inc to hold the annual opening baseball parade on Saturday, May I, 1971 at 130 p.m. The Chairman said that Chief Corr will be requested to make ar- rangements for a Police escort and Chief Spellman to furnish a fire engine The Chairman read a request from Mr WI Ides, President of the Knights of Columbus Building Association, for an extension of the K of C hours of operation under the Club Liquor license to 100 a.m. on the Liquor evening of May I , 1971 Hours Upon motion duly made and seconded, it was voted to deny the re- quest for an extension of the hours of operation to 100 a.m on the evening of May I , 1971 . The Chairman read a request from Mr Cobuzzi , Manager of the Knights of Columbus, for an extension of the hours of operation under the Club liquor license to 12 00 M on May 2, 1971 . Upon motion duly made and seconded, it was voted to grant the request of the Knights of Columbus for an extension of the hours of operation under the Club liquor license to 12 00 M. on May 2, 1971 . Upon motion duly made and seconded, it was voted to :approve Bond the bond for the Collector of Taxes in the amount of $ 117,200 Upon motion duly made and seconded, it was voted to grant the request of the Veterans' Agent to abate the ambulance bill submitted Ambu lance to Donald Moreau, 93 Vine Street, in the amount of $ 10 00 as Mr. Abatement Moreau is receiving Veterans' benefits. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Cert.of Incorp. Harrell F. Beck 30 Woodland Road Richard E. Harding 1 Harrington Road "Promise, Inc." Robert E. Lenk 59 YgIrk Street Marjorie P. Lenk 59 York Street "State 1 , Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meetings held on March 15 and March 29, 1971 1 4"� Intelligence Upon motion duly made and seconded, it was voted to sign the In- License telligence license for Starrett Associates, Inc , 2 Militia Drive, (renewal) The Chairman read an invitation from the Town Celebrations Commit- Parade tee to participate in the parade on April 19 at 7 00 a.m. The Board agreed to participate The Chairman read an invitation to attend open house at Ready' s Men' s Store on April 23, 1971 from 7 00 to 9 00 p.m. The Chairman read a letter from a junior citizen requesting that the former Central Block area be kept green and, possibly, with flowers planted Mr Legro came into the meeting at 7 22 p.m The Board discussed the Central Block The Chairman said that he had talked with Mr Giroux and Mr Matheson on the building and they are adamant as far as giving up an- other inch of land I said we had to look at it, discuss it and come back with a recommendation, regardless of personal feeling I asked the Engineers for the building line of the Trani Building extended; we set bp barricades at different intervals and took pictures; Mr. McSweeney brushed on some theoretical buildings at different loca- tions The Chairman showed pictures of the 15 ft. where we tenta- tively agreed, the building line extended, the 25 ft setback with 30 ft radius, 30 ft setback with 35 ft radius, 30 ft setback with 40 ft radius and, also, with a 50 ft. radius, and a 2-story building. He said there are 20,000 sq ft in the whole area; the depth of the lot is about 120 ft. The radius is the answer We are looking for direction Does the Board want to go beyond 15 ft. and, if so, to what point? Central Mr Bailey replied, to make it worthwhile. Block Mr Kenney said that we should further discuss it and get some kind of cost estimate Mr. Buse said we should discuss whether the height of a build- ing with one or two stories won't affect the view. Mrs Riff in said the Board should talk about it and take ad- vantage of the lot being perfectly clear. I have had calls about it and we ought to pursue it. There may not be an option, but we should discuss it The Chairman said that if the approach is to talk about it, the Board must face up to the fact that we must go to Town Meeting and make a taking. We should have anappraisal made and discuss it at that point Mr Kenney said that he had thought about it and would be against taking the whole parcel . The Center does need more specialty stores A 25 ft setback with a 30 ft radius would give us the visual impact. 447 Mr. Bailey said that even if I agreed with you, we would still have a problem We are holding the bag for the whole town We are in trouble if we try to outguess Town Meeting If they want to take the whole thing and we shut off all avenues, we are in an unfair situation The Chairman said that the Board does understand they are willing to accept the fact that we don't need Town Meeting action on the first part. Mr Legro said that as soon as you go beyond 15 ft you have Town Meeting action. The Chairman asked if the Board should have Mr Lund do the ap- praisal? Mr. Bailey said we have to have it; starting with everything and figuring out two or three alternatives The Chairman said, as I understand it, you want to discuss with the owners to go substantially beyond the 15 ft Mr. Busa said that he would concur with Mr Kenney and the Chair- man and not take it all Mr. Kenney said we should find out what this will cost; this is a big town-wide issue and we must respond to town-wide interest. Mr. Bailey asked what is the time schedule of the owners? The Chairman said they would put a machine in there in two weeks and start digging the foundation They had preliminary meetings with Historic Districts before and they would start to schedule hearings soon Mr Busa asked if there was anything in previous minutes on whether it was discussed to take more than 15 ft The Chairman said it was originally agreed to swap the fire sta- tion lot for 15 ft of front land Mr. Bailey asked if we could make up a list of three or four alternatives? The Chairman said that he would give Mr Lund the pictures and he could do an appraisal on these setbacks The Board agreed the Chairman would talk with Joe Lund and get some estimates on making a full appraisal and report back to the Board at the next meeting. Also he was to inform the owners of the Board's feeling to looking into the possibility of acquiring more than the origianl 15 feet Mr McSweeney came into the meeting at 7 37 p.m Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company for permission to relocate five JO poles on Grant Street Notices of the hearing were mailed to the petitioners, owners of Grant St the property as listed on the petitioners' plans, and also filed with Poles the Town Engineer Mr Powers, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone Company, were present Mr Dunn explained that the petition is for five poles to be re- located on Grant Street, we are just moving them back to get them off the sidewalk. Mr McSweeney, Town Engineer, has approved this 448 No one having questions, the Chairman declared that part of the hearing closed No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company of the following location of poles Grant Street, northwesterly side, southwesterly from a point approximately 105 feet southwest of Hayes Lane,-- Five poles (five existing JO poles to be re- moved). Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Company for permission to relo- cate one pole on Eli6t Road Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans, and also filed with the Town Engineer Mr Powers, representing the Boaton Edison Company, and Mr Dunn, representing the New England Telephone Company, were present. Mr Dunn explained that this petition is to relocate the pole on the property line to clear the driveway The Chairman asked if anyone in the audience had a question? Mr Wesley W. Mansir, 16 Tavern Lane, asked to see the exact lo- Eliot Rd. cation on the plan Pole Mr Dunn showed the old location and explained to Mr Mansir that the new pole will be located exactly on the property line Mr. Mansir asked if the land had been surveyed? Mr. Powers replied, yes. Mr. Mansir said that he just wanted to make sure it stays on the corner He is agreeable as long as the pole is located on the property line The Chairman said that if it is not on your property line, come back to the Board and we will make sure it is properly located No one being recorded in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company for the following location of a pole, with the condition that the pole is to be located on the property tine of Wesley W Mansir, 16 Tavern Lane Eliot Road, northeasterly side, approximately 210 feet north- west of Pelham Road, one pole (One existing JO pole to be removed) Hearing was declared open upon petition of the Boston Edison Woburn St. Company and the New England Telephone Company for permission to re- Pole locate nineteen poles on the northwesterly side of Woburn Street, and one pole on the southeasterly side of Woburn Street. 449 Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans, and also filed with the Town Engineer Mr. Powers, representing the Boston Edison Company and Mr Dunn, representing the New England Telephone Company, were present Mr Dunn explained that this was a job done in conjunction with the State when Woburn Street was reconstructed We have nineteen or twenty poles to remove and the same number to replace Mr. McSweeney, Town Engineer, was present and the Chairman asked if he had looked at all these locations Mr McSweeney replied that he had, this was laid out by the State and they just moved them back from their previous location As far as I know, there have been no complaints The Chairman asked if anyone in the audience had a question? Mr George Saintato asked to see the plan for the two poles in front of his home at 394 Woburn Street. Mr Dunn showed -the plan and the exact location to Mr. Saintato, who was satisfied with the explanation. Mr Christopher Cammarata asked for the exact location of the pale at his store on the corner of Woburn and Lowell Streets He said that the existing pole is on the sidewalk and would like to know where it is going to be placed. The Chairman explained the location to Mr. Cammarata and said that when Woburn Street was reconstructed, the State had tentative permission to relocate this pole but it could be changed Do you ob- ject to the present location? Mr Cammarata replied that, originally, it was on the lot line; it is not going to be moved any more? Woburn St Mr Dunn replied, no Poles Mr Cammarata said that the present location was acceptable to him. No one being recorded in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison and the New England Telephone Company for the following location of poles Woburn Street, northwesterly side, northeasterly from a point approximately 38 feet northeast of Lowell Street, -- Nineteen ( 19) poles Woburn Street, southeasterly side, approximately 29 feet southwest of the Lexington-Woburn Line,-- ,+. One ( I) pole Mr. Legro retired from the meeting. Mr McSweeney said that he had heard from Washington and the Re- gional office on the sewer project and, verbally, we can issue an 450 order and go ahead tomorrow, as long as we did all our negotiations Bedford before February 23 and voted the intent to award the contracts on Sewer February 22, 1971 . We have all the necessary votes, for awarding Project the contracts, to comply with the Davis Bacon Act I will send in the certified copy of the vote of the Board of Selectmen on Febru- ary 22, 1971 , of the intent to award the contracts for WPC-Mass - 2 17 Traffic Sig The Chairman informed Mr. McSweeney that we received the permit Mass Ave. from the State for the traffic control signal located at Massachu- Worthen Rd setts Avenue and Worthen Road. The Chairman informed the Board that a permit has been received Jr High from the Department of Natural Resources on the Junior High and there will not be a Hatch Act hearing Upon motion duly made and seconded, it was voted to adjourn at 7 59 p.m. A true record, Attest Nj/vtL Executive Clerk, Selectmen 451 SELECTMEN'S MEETING April J4, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Wednesday evening, April 14, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Busa and Mrs Riff in were present Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr Martin, Assistant Town Engineer and Mrs McCurdy, Execu- tive Clerk, were also present, At the request of the Town Clerk, seven jurors were drawn as follows Everett T Chapman 10 Curve Street Samuel H Sherman 8 Winchester Drive Robert F MacDonald 83 Bedford Street Jurors Wilhelm Rindner 6 Tyler Road James E Storer 60 Pleasant Street Richard G Seed 258 East Street Lawrence S Finkelstein 4 Upland Road Mr Zehner, Town Treasurer, met with the Board He said that he has already been recorded informally on the sale of the Junior High bonds There were 42 bids and he recommends that it be awarded to the Continental Illinois National Bank and Trust Company of Chicago as the low bidder It will be printed 860 times in units of $5,000, which the Treasurer must sign individually The Board may authorize by vote that facsimiles of signatures of the Board may be engraved or printed on each of the bonds Upon motion duly made and seconded, it was voted that the sale of the following 3 75 per cent bonds of the Town dated May I , 1971 , Jr High $4,300,000 School Project Loan, Act of 1948 (Nos I to 860) payable Bonds May I , $430,000 in 1972 to 1981 , to Continental Illinois National Bank and Trust Company of Chicago at 100 134 and accrued interest is hereby confirmed Upon motion duly made and seconded, it was voted to authorize the Town Treasurer to cause facsimiles of signatures of the Board of Se- lectmen to be printed on each of the bonds Upon motion duly made and seconded, it was voted to certify as follows I The bonds are issued pursuant to the following votes of the Town vote of the Town passed January II , 1971 2 No other debt has been incurred under the aforesaid vote ex- cept None 3 We approve the sale of the bonds to Continental Illinois National Bank and Trust Company of Chicago at 100 134 accrued interest 4J:4 4 The project authorized by the vote mentioned above will be carried out as expeditiously as possible, and all of the proceeds of the bonds (of which no portion will be invested or deposited at interest except temporarily) are needed to finance the project after the expenditure of any other avail- able funds 5 There has been no substantial change in the plans for the school project which were approved by the Board of Education on January 26, 1971 6 There has been no litigation affecting the validity of the bonds or the power of the Town to levy and collect taxes to pay them; that none is pending or threatened, that neither the corporate existence nor boundaries of the Town nor the title of any of us to our respective offices is being con- tested, and that none of us and, to the best of our know- ledge, no official or employee of the Town has any direct or indirect financial interest in or relationship with the pur- chaser or purchasers of the bonds Mr Walter Dunfey, Mr Roy Dunfey, Attorney Dean Nicholson and William Green, Attorney for the Dunfey Corporation met with the Board The Chairman said that when the Board issues a license, we must be informed of any changes When we issued the license, as far as the Town is concerned, we police it to every intent of the license and to the letter of the law In the matter of the State statute to be dis- cussed tonight, I received a letter saying that you transferred owner- ship to a Delaware Corporation, better known as Aetna Life and Casualty Company, a Connecticut corporation As we understand and enforce the State statute, before any transfer takes place, the li- censing authority must be notified and must approve it You have failed to do this and, as we interpret it, this is subject to violation and suspension of your license We would like to hear why we shouldn't hold a hearing and suspend your license Dunfey Attorney Green said that in the present instance, the Dunfey fami- Corp ley operation, all twelve in the five states, are all merged into a new Delaware Corporation called the Dunfey Family Corporation, under the procedure known as a statutory merger It was the intention of the parties this wasn't a public transaction and was done last October 1 don't think the ABC was ever contacted We adopted a procedure for the merger of all twelve, we have four in Massachusetts and the other three are in Boston, Newton and Auburn and the same procedure was adopted The transaction was not closed until the first of March as we feared violations of S E C , such as, price fluctuations in the market, etc We used the exact procedure and recorded in the office of the Secre- tary of the State of Deleware We could make no announcement and if applications had gone to the twelve locations asking for approval with a specific date of transfer, there might be transactions which might violate S E C We adopted the same procedure as far as when the trans- action was closed and spelled it out in the letter there was no change 1 453 in the immediate operation control of the Board of Directors of the Dunfey Family Corporation, John Filer and David Reed are Vice Presi- dehts of Aetna, the feeling being to add responsible ones with the Dunfeys to represent the Dunfeys At no time have we ever been called upon for violations of any one of the operations It is the first time we have been called to account The last thing we wanted to do was create a problem The Chairman said your letter was self-explanatory when we re- ceived it We are not concerned with the other eleven, we are con- cerned with Lexington and the commitments we made to the people of Lexington when they voted for licenses to motels in Town and we made this very clear to all license holders As far as I am comcerned, I don't see the correlation with your stock transfer and us not look- ing at it as a violation, there is no question in Ty mind about the Dunfeys having controlling vote of the Directors but they do not have control of the corporation Most important of all , if this was the first time we spoke to the Dunfeys, I agree, but this is not the first time Attorney Green said he didn't know what this Board has spoken to Dunfey about and he is prepared to stand on it This is the first time we have had to explain the conduct for something in a local oper- ation, a violation at the local level I was not familiar with it Assume we had written in February that we were closing the transaction the first of March, we find ourselves in violation of the federal sta- tute We had a federal statute to concern us Mr Bailey asked, you were apparently aware before the fact you would be in violation You stated you realized there would be a dilemma Did you, knowing this, avail yourself to discuss it with the State ABC? Attorney Green replied, no; we couldn't discuss it in Massachu- setts without doing it in New Hampshire, Vermont and Maine Mr Bailey asked, to discuss it in generalities, not mentioning any date, to find out what procedure to follow? It strikes me you did not try to find your way around it Attorney Green said we weren't changing managees, and without someone saying do this, take this approach The Chairman asked you will agree there was a transfer of stock? Attorney Green replied, yes The Chairman asked you will agree that this is a violation of the statute2 Attorney Green replied, yes The Chairman asked you will further agree that this is grounds for suspension? Attorney Green replied, yes If there is an error in judgment, I will assume full responsibility I didn't come to debate on whether it was a deliberate attempt of the law We have to make an accounting on what we did and am explaining here the dilemma and I can't do any- thing but apologize and didn't know of being in violation of either 454 the letter (of the law) or the spirit of approach I will take full responsibility for it We have done it in four other states outside of Massachusetts and were not censured We brought a very responsi- ble owner to Lexington and there was no attempt for the Dunfey Family to operate all these years and come into Lexington and make difficulty and don't know of any other censure to the operation The five Dunfey brothers are all active in business and there is nothing they don't know Roy Dunfey, in the past, was a resident of Lexington and lived here three months last year and is coming back to be a full time resident I don't know of any hostelry having any closed supervision than the Dunfeys have There is no advantage or purpose to evade the law and thby must do it well and properly; that has been the philosophy in the five other states and it is the first time of any unpleasantness or trying to evade the law The Chairman asked if the Board had any questions? Hearing none, the Chairman said that the Board will take the matter under consideration and you will be advised of our findings Messrs Walter and Roy Dunfey, Attorney Green and Attorney Nicholson retired from the meeting The Board discussed the matter in Executive Session and agreed that no immediate action be taken at this time, but would discuss it next week Mr O'Connell informed the Board that he had discussed with Mr Brown of Early Massachusetts Records, Boston, the request for permis- sion to inventory and microfilm Town records prior to 1830 This organization is highly recommended and the directors are associated Early with the security of the preservation of history Our Town Clerk Town says the Town possesses four volumes of records and Mr Brown hopes Records the Town will give approval of the project, which would only take two or three days The records would be set up on a table and we do have a small risk of possible damage while microfilming The project would be insured by Graphic Microfilm of New England, Inc I recommend that the Board authorize the project to be done but I will make it clear to Mr Brown that it cannot be done until after we get back into the new Town office building The Chairman said that someone from our organization should be present on a full time basis; I don't know who would pay him, maybe they would Upon motion duly made and seconded, it was voted to grant per- mission to Early Massachusetts Records, 1154 Boylston Street, Boston, to inventory and microfilm Town records prior tit 1830, subject to the restrictions that the project is to be done after the move to the new Town office building, and a member of the Town organization is to be present at all times during the project Mr O'Connell read a letter from Robert L Lyon, 55 Waltham Municipal Street, regarding parking in the municipal lot between Waltham and Parking Muzzey Streets Mr Lyon said that the lower end of the lot, next to the Telephone Building and extending through to Muzzey Street is rarely full and he recommends that these meters be available for all-day parking at 50¢; 5 days a week at $2 50 and 4 weeks per month at $ 10 00 445 The Chairman asked how many spaces are involved? Mr O'Connell replied that Mr Lyon doesn't specify The Chairman asked where do you draw the line on issuing permits? Mr O'Connell replied that this is one of the problems Mr Kenney said if the spaces are not being used, the meters could be eliminated The Chairman disagreed and mentioned the additional people asso- ciated with the new Goldberg building and pal-king problems Mr O'Connell said that he will study the parking situation further with the Traffic Committee Mr Zaleski , Chairman of the Traffic Committee, met with the Board The Chairman read a recommendation from the Traffic Committee stating that the existing stop signs on Worthen Road - westbound at Waltham Street, and Coolidge Avenue - eastbound at Adams Street are not included in our traffic Rules and Regulations, Schedule #7, to make these signs legal and permit the prosecution of failures to stop, the Engineering Department will have to conduct traffic counts, Stop Signs prepare intersection plans and applications for the Board' s approval Coolidge and submit them to the Massachusetts Department of Public Works Avenue - Upon motion duly made and seconded, it was voted to accept the Worthen Rd recommendation of the Traffic Committee to amend Article III , Section I , of the Lexington Traffic Rules and Regulations, by adding to Schedule #7 Street Location Regulation Coolidge Avenue Eastbound at Adams Street Stop P Worthen Road Westbound at Waltham Street Stop The Chairman said that the Board previously voted in 1968 to amend the Traffic Rules and Regulations on Massachusetts Avenue at the Arlington line but it was not submitted to the Massachusetts De- partment of Public Works for approval and it was not advertised. The Traffic Committee is requesting that we vote again on this amendment Parking and send it to the Massachusetts DPW for approval and it will be ad- Signs vertised in order to become effective East Upon motion duly made and seconded, it was voted to accept the Lexington recommendation of the Traffic Committee to amend Article 5, Section 2, of the Lexington Traffic Rules and Regulations, by adding to Schedule #1 Location Side From To Tyne Parking Mass Avenue Southwest Hibbert Street Taft Avenue One hour parking between 8 00 A.M to 600 P M Mass Avenue Northeast Arlington Line Bow Street One hour parking between 8 00 A M ' to 600 PM 456 The Chairman read a recommendation from the Traffic Committee re- garding the East Street - Lowell Street intersection that the Select- men approve an application for a traffic-actuated signal at East Street and Lowell Street The operation of such signal may be Traffic adjusted to revert to flashing during the off-peak hours, as provided Signal in Section 3D-3 of the Manual on Uniform Traffic Control Devices of East & the Massachusetts Department of Public Works Traffic counts and Lowell surveys at the intersection indicate that it meets the warrants for a , Street traffic signal under Section 211 or 3D-7 (cross traffic) only, i e , to ensure coordinated movement and permit adequate timing of gaps be- tween vehicle platoons on major street to permit traffic from the minor street (East Street) to enter without undue delay The Chairman said that this was initiated on the advice of the State DPW and there would be no question but it would be granted Mr Kenney said if we are talking about $ 18,000, this would tie in with Chapter 90 Upon motion duly made and seconded, it was voted to make an ap- plication to the Massachusetts Department of Public Works for the installation of a traffic signal at East Street and Lowell Street The Chairman read a recommendation from the Traffic Committee to make an application to the Massachusetts Department of Public Works for the installation of a traffic signal at the intersection of Waltham Street and Concord Avenue The report states that traffic entering intersection per hour in an average 8-hour period is as follows From Waltham Street-761 vehicles, from Concord Avenue-253 vehicles, total entering- 1014 vehicles Pedestrians crossing the intersection are very few and none of the other warrants for fixed- Waltham time signals are met, except for the vehicular volume from all ap- Street proaches of 750 vehicles per hour for any 8 hours of an average day Concord Ave and from the minor street of 175 vehicles per hour for the same 8 Signal hours, also, interruption of continuous traffic due to at least 750 vehicles per hour for 8 hours of an average day, while at least 600 vehicles per hour enter the section from the major street in the same time This intersection had 9 traffic accidents in 1969, of which 5 were of the angle type, 3 were rear-end and I a head-on collision The major contributing factor was the failure to stop for the stop sign The installation of a traffic signal does not reduce and may increase the number of rear-end collisions, nor will it prevent angle collisions due to left turns caused by vehicles entering from the side street in violation of the stop sign and the right-of-way rules would be susceptible of correction by a traffic signal It must be stressed above all that the approval by the Massachusetts DPW depends not only on the mechanical compliance with the warrants but an equal degree on the evaluation of the conditions by special- ists with considerable expertise in the field of traffic regulation The question of signal timing in particular requires such detailed professional analysis 457 The Chairman informed the Board that the request for the traffic signal was initiated by one of the residents in the area Mr Kenney said that the Traffic Committee said it would not be made any safer He asked Mr Zaleski what reasons he would give? Mr Zaleski replied there is no question the traffic is warranted for a traffic signal ; the question is to what extent it would reduce the number of accidents; it may change the type of accidents The Chairman asked Mrs Riffin for her opinion as she lives in the neighborhood Mrs Riffin replied that when she is driving on Waltham Street, there is traffic coming off at Route 2 and you can't see the cars be- cause of the dip in the road beyond Brewsters My recommendation is to submit the application Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to make an application to the Massachusetts Department of Public Works for the installation of a traffic signal at the intersection of Waltham Street and Concord Avenue The Chairman read a report from the Traffic Committee regarding the request of Mrs H W Bahls, Jr , 565 Marrett Road, for a sidewalk on Marrett Road on the Old Res side to Lincoln Street The report states that the installation of a sidewalk along the easterly side of Marrett Road would involve considerable preparatory work and the re- moval of several trees While desirable, this section of sidewalk is, in the opinion of the Traffic Committee, at a considerably lower level Marrett Rd of priority than sidewalks in other locations where the use is greater Old Res and no sidewalk exists on either side Since Marrett Road is a State Sidewalk highway, it is suggested that a request be made to the Massachusetts DPW to construct this section of the sidewalk, connecting it to the existing sidewalk extending to the Spring Street junction The Chairman explained that M;s Bahls had requested that this section be plowed and the Superintendent of Public Works had been in- structed to plow it I have looked at this and at least three trees would have to come down There is, basically, room to plow now except where the trees are in the middle of the sidewalk area; construction of any sidewalk would mean the cutting down of these trees and I don't think we should get into that Mr Kenney added, and the priority is low The Chairman asked, aside from the priority, does the Board want to construct the sidewalk? Upon motion duly made and seconded, it was voted to deny the re- quest of Mrs Bahls for a sidewalk on Marrett Road on the Old Res side to Lincoln Street The Chairman read a report from the Traffic Committee stating that the trial period has shown the desirability of having Edison Way used as a two-way street from the northwesterly corner of the cleaning estab- lishment to Depot Square It is therefore recommended that the Select- ' men vote to amend the Traffic Rules and Regulations to make this change 45S a permanent one This can be done by voting to strike out all exist- ing reference to Edison Way in the Traffic Rules and Orders, Town of Lexington, Schedule #5, One-Way Traffic, and amending the Traffic Rules and Regulations by changing the existing figure of 400 feet westerly to 50 feet westerly Edison Way Upon motion duly made and seconded, it was voted to strike out Traffic all existing reference to Edison Way in the Traffic Rules and Orders, Town of Lexington Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to amend Article VII , Section I , of the Lexington Traffic Rules and Regulations by deleting 400 feet westerly and substituting 50 feet westerly, in Schedule #5 Location Direction From To Edison Way Northerly & Mass Avenue 275 feet northerly Westerly 50 feet westerly The Chairman read a report from the Traffic Committee regarding Grant Street parking, opposite Sherman Street. The report states that a problem exists in this location, caused mainly by the parked cars of the Post Office employees and others, reducing the effective width of pavement in the curved portion of Grant Street This condition was aggravated by snow banks narrowing the effective width of the roadway and preventing parking on the berms The only way to correct this situation would be by prohibiting parking and forcing the parked cars Grant St to move elsewhere A survey of the P 0 lot and of the municipal Parking parking lot in back of the Railroad indicates that they are not capa- ble of accommodating the additional cars from Grant Street; the problem would not be eliminated but only moved elsewhere It is the recommendation of the Traffic Committee that no action be taken now and that Grant Street be kept under observation by the Traffic Com- mittee If conditions persist or if a solution offers itself in conjunction with our studies of the Center, the Committee will report to you its further recommendations Mr Kenney said that when the Town Office Building is finished, we will have more spaces out back and this situation will be allevi- ated somewhat The Chairman said that the problem is the Post Office employees There was a recommendation to them to allow parking in the basement of that building but they refused to look into it They are aggra- vating it not only with the jeeps but employees' cars I have talked with Postmaster Walker to get them off the street Mr O'Connell suggested that he pursue the matter with General Services in Boston, who are the landlords The Chairman said that we have been that route The answer is support In the final analysis, there will be an extension of the Meriam Street parking lot with an access to Grant Street There is no question but that parking must be prohibited Mr O'Connell said that they refused to mix official vehicles and cars, if they did, they could get the lot to do double duty ea() The Chairman said he agreed with Mr Zaleski that the problem would be moved to another area Mr Zaleski said that we are saying that the snow is gone and the pressure is no longer on us We have three or four months to come up with something The Chairman said that, basically, the answer is to put it in the works now and we will be sure we are in condition to enforce it next winter The Traffic Committee will look at it and come back to the Board with the proper language and description to adopt and implement no parking on Grant Street Robinson Road traffic was discussed The Chairman said that he had received a letter from one of the residents of the area stating that the meeting held by the Traffic Com- mittee with the people involved was very unsatisfactory Mr Zaleski said that one lady misunderstood the whole thing be- cause she didn't appreciate what the meeting was for I thought it very useful We have the petitions from residents not to widen the road and asking to do something about the traffic By and large, the residents didn't recommend widening Robinson Road or putting in a side- walk A sidewalk on Turning Mill Road between Demar Road and Rbbinson Road is desirable Robinson Road pavement narrows to 12 feet in some places and is full of trees The general opinion was to put a Dead End sign at the entrance to Robinson Road from Turning Mill Road and the entrance to the school land from Robinson Road should be closed Robinson to vehicles by the School Department with a gate which could be opened Road to admit vehicles when required by the school, and a sigh should be placed at the gate The other thing is, access to Estabrook from Grove Street; it is pretty steep, especially if some residents park along there The Traffic Committee asked to obtain the opinion of Town Counsel to what extent the Board can regulate traffic on school land The Chairman said that the School Committee would like a recommend- ation and we have found they want help for protection of the kids We would want to see us work with them Mr Zaleski said that there is the problem of enforcing and the police do not feel they have the authority to enforce it The Chairman said as I understand it, the Traffic Committee has changed its recommendation on the sidewalk on Turning Mill Road Has the priority changed? Mr Zaleski replied that we don't have a list, I don't know where it would be among the priorities The Chairman asked if this is to be used as an emergency access? Mr Zaleski replied, yes, when something is delivered to the back of the school The Chairman asked if a gate were there, you are not talking about locking it? Mr Zaleski replied that he was talking about one that would nor- mally be kept closed, it probably wouldn't be locked Mr Kenney said there is a question about the School Department enforceing it 4160 Mr Zaleski said that this is the problem, unless we have a rul- ing Mr Kenney asked Mr Legro if we can set this up? Mr Legro replied, on Town ways, not the School Department The Chairman recommended that the recommendations of the Traffic Committee be sent to the School Department, asking what their feelings are, and we should ask the Traffic Committee to set forth, in writing, questions on the matter and we will forward them to Town Counsel for his opinions The Board agreed to follow this procedure Crosby Road traffic was discussed Mr Kenney said that we had referred the recommendation of the Traffic Committee to the Superintendent of Schools The Chairman said that the Traffic Committee believes that mak- Crosby Rd ing Crosby Road one-way is neither necessary nor justified, and Traffic recommends against it Mr Kenney said that making it one-way is out of the question but I don't think the Committee has answered about the advisability of no parking on one side of Crosby Road Mr Zaleski said that the Committee has no objection but, again it is on school property if signs are in the driveway The Board agreed that the Traffic Committee is to look at the situation again, and, if it recommends no parking on one side of Crosby Road, submit the language to be used for the approval of the Board The Chairman read a recommendation from the Traffic Committee that parking be limited to one side, northeasterly, of Reed Street Parking between Vaille Avenue and Bedford Street Reed St The Board agreed with the recommendation and to request the Traffic Committee for the proper description to be submitted for the approval of the Massachusetts Department of Public Works The Chairman read a report from the Traffic Committee stating that on recommendation of the Chief of Police, the Town Manager had referred for review by the Traffic Committee the question of requir- ing a right-hand turn only in certain locations The Traffic Com- mittee has reviewed this matter and recommens that Traffic Rules and Regulations of the Town of Lexington be amended to permit enforcement of the right-turn requirement; these all exist and this is to legal- ize them Traffic Upon motion duly made and seconded, it was voted to accept the Right Turns recommendation of the Traffic Committee to amend Article VIII of the Traffic Rules and Regulations of the Town of Lexington by adding after Section 23 the following new section SECTION 24 OBEDIENCE TO REOUIRED TURNS At any signalized or other intersection of ways described herein where the roadway is divided into lanes by pavement markings or other 461 means and official signs are erected requiring a right turn or left turn only for such lane, drivers of vehicles in the designated lanes must make such movement and no other at said intersection in accordance with the provisions of Schedule #8, and said Schedule #8 is hereby specific- ally incorporated in this section SCHEDULE #8 REOUIRED TURNS Location From To Required Turn Bedford Street 100 feet north Worthen Road Right Lane Must of Worthen Road Turn Right Southerly Clarke Street Mass Avenue --- Right Turn Only Northerly Mass Avenue 100 Feet North- Waltham Street Right Lane Must west of Waltham Turn Right Street South- easterly The Chairman addressed Mr Zaleski and said that you have asked the Board for implementation of the Traffic Committee' s recommendations and we must have the mechanics to get them done Mr Zaleski said that he will send a report to the Board with the proper descriptions and the language to implement the traffic changes The Chairman thanked him for meeting with the Board and Mr Zaleski retired from the meeting Mr Matheson, Mr Giroux and Attorney Perry met with the Board The Chairman explained that the Board has not discussed the Central Block so that we could give you an answer Mr Giroux said that we came here with the understanding that the Town would present something to us, we feel we have been delaying for Central several weeks Block The Chairman said that when I met with you the last time, I told you the Board wanted to consider several alternatives I have been candid, so you would understand what the Board' s feeling is Mr Giroux said that you expressed the thought that the Town would like part of our property The Chairman replied, yes, I said the Board would discuss it Mr Giroux said that we have told you on two or three occasions that we had no desire or wish to sell one square foot, that we had agreed to the land swap seven or eight years ago Every plan that was ever made was with the assumption that this would be the property we would work with, we spent thousands of dollars We agreed to the land swap and it did not necessarily improve our situation, as after the land swap, our land would be square where it is now "L" shaped We 462 agreed that the concept of widening the avenue was a good one at this stage After the fire, we met with the Selectmen and we reiterated that we would swap an approximate 15 ft strip for the old fire house site, this goes back to the 1930' s We appreciate the fact that we own the property; it is not public property and there is a misunder- standing in the Minute-man by people expressing what should be done with private property We are in a position to build and mortgage and unless we know what we can do, our Architect will not work for us any longer, to work on a plan for a piece of land we know nothing about The Town talks about taking 10, 15 or 25 feet and this puts us in an extremely difficult position and we want to know what we can do We have met with Mr Cataldo and reiterated we do not wish to sell any of it and wish to build on it and we would like to pro- ceed with the land swap and whether the Town is prepared to make it We still own up to the sidewalk The Chairman said that I have made it clear to the Board that you don't want to sell an inch of land We are not responsible for what appears in the newspaper We accept the fact of what holding up for two weeks means to you people Mr Matheson said that people voted 3 to I in favor of a park, these people neglect to think that somebody owns it and ask what is the cost of it, it is not for sale. The Chairman said that you must accept the fact that we have the responsibility to make the recommendation to the Town We did agree to the land swap The feeling in Town is, we must take this next step and evaluate the situation We have gone to April 14 and they are all asking to give it until April 20 to come out with a recommend- ation as to where we will go The Board says we would like to look into a situation beyond 15 feet and we will hold you up time-wise Attorney Perry said we have drafted the deed for the land swap if you want to go forward Mr Kenney remarked that you say it is private property, from the sense of a strategic situation, you know it abuts on the Battle Green and we must fully examine all facets There is public clamor now and it forces us to look into the situation Mr Matheson asked what if you come back and say you want 15 more feet? Mr Busa said that it has only been discussed once Mr Matheson asked what if you want more and we say, no? Mr Kenney said that we would have to call a Special Town Meet- ing and if you wouldn't sell it, we would have to go to eminent domain Mr Giroux said that we have no intention of selling Mr Matheson said that we can get a building permit tomorrow morning The Chairman added, subject to many things Attorney Perry said there are many things built there without any further restrictions on a building permit The Chairman said if we look at it, can we negotiate if we don't know what we want? Now, the Board understands and you understand that you don't want to give up one inch 463 Mr Matheson said if the Board wants 5' or 10' before April 20, we all stand up here and discuss that we all understand what we are looking at Mr Giroux said if the building is put back 15 feet, the build- ing itself will still be behind My point is, in order to open up to get the view, you are going to have to go away back and 10 feet will not make an awful lot of difference to the Town but will make a dif- ference to us We are talking about underground parking and to go back even 4 feet would wipe out a row of cars in the basement The Chairman said that we recognize the ramifications As far as parking, 1 don't think there is any objection to you building out to the 15 feet; parking should be no problem Mr Giroux said that you are taking something and crunching it Attorney Perry said that we would have to go back to Town Meeting The Chairman asked, why Town Meeting? Attorney Perry said that we have authorization now, the 1964 vote, to make the land swap under such conditions as the Selectmen determine proper; that vote is still valid but if you do anything else, it would have to go back to Town Meeting and that throws the timing off If we come back on the 20th, is it yes, we will take the swap, or no? The Chairman said that we understand the time and money at this point and we don't want to hold you up any more than we have to In all fairness to the Town, keep in mind that we don't want to hold you up Attorney Perry asked if there_ is any information we�.icadi give you now? The Chairman asked if we agreed tonight to swap, what would your schedule be/ Mr Matheson said that we would start immediately with the plan Mr Giroux said that we cannot make a plan; the Architect re- fused until he knew what was left to work with The Chairman asked when would they be ready to apply for permits? Mr. Matheson replied, 30 days from the time he knows what land he was working on We have already applied to Historic Districts Mr Bailey said that apparently you have been interested in devel- oping for 8 years as the upper portions were unoccupied and you have had a variety of tenants Mr Giroux said when we bought the property, they were full and we gradually got them out, there were welfare people there Mr Bailey said, and then there was a fire Over a period of eight years things drifted and you made no attempt to develop; now the building burned and there is an extraordinary sense of urgency; why didn't this hold valid a year ago? Mr Giroux said the original intention was, we hoped to build a 3-story building with small shops on the first floor and no basement, on the second and third floors to have apartments with one bedroom We have spent a long time and a fair amount of money There are six people involved and we proposed this and the Planning Board unanimously opposed it; Town Meeting agreed with the Planning Board and voted it 464 April 14, 1971 down We started over again and came up with a lg-story building and when plans were ready for that we went to the Historic Districts Com- mission and when the time came to do anything on that, there was no mortgage money available The Planning Board asked us to come in and we reviewed what our plans were originally and the Planning Board said it was a possibility by approval of an amendment to the By-Law There was no money available and we maintained it at the break-even point; we operated last year at a small loss; there was no money made in 8 years on that property and there was a good deal spent. We gave the tenants 3-year leases and they would have expired at the end of 1972 At that time Mr Matheson and I bought out the others and we continued with it in the hope that when we bought it, we would have a new building up by 1975 With the fire, we lost the tenants We have now a tentative commitment to build a building and we have 30 days and we hope to get that extended having the experi- ence of being involved in plans for the future Now, it can be financed as the banks have plenty of money The Chairman thanked them for coming and said that the Board will discuss it and we will let you know our determination Mr Matheson, Mr Giroux and Attorney Perry retired from the meeting The Chairman read a report from the Planning Board regarding the request of Mrs Schumacher, 148 Wood Street, to purchase lots 82 and Schumacher 83 in the Colonial Heights section In 1969, she had made a previous Tax Title request to purchase these lots and the Planning Board had said that they are valuable as a part of a large Town holding which may be used for housing, park and recreation or for other public purposes and the sale would adversely affect the rest of Town land in this area; yet the tots themselves are substandard, have no access and should not be sold for use as a house lot The Chairman said that they don't want to use them as a separate lot, they know they have to build a road Mr Buse said that something should be worked out so they won't be landlocked The Board agreed that a meeting should be arranged with Mrs Schumacher to discuss her request The Chairman read a recommendation from the Planning Board re- garding the request of Mrs Sally Neale, 10 Ward Street, to pur- chase tax title lots 35 through 40 Earl Street, stating that these Tax Title lots are a part of a larger Town holding which is under consideration Neale for use as a site for subsidized housing, an elementary school and a playground, there are also other possible public uses for the area For these reasons, the Planning Board recommends against the sale of these lots to Mrs Neale or any other private party The Board agreed to inform Mrs. Neale that the Planning Board has included lots 35 through 40 Earl Street and until some concrete decisions have been made, we plan to hold these lots; if, and when, we decide to do something with these lots, Mrs Neale will be given the opportunity to once again discuss purchasing them. 4 6 April 14, 1971 The Chairman read a recommendation from the Planning Board regard- ing the request of Mr Ralph Masciulli to purchase tax title lot 26 (44) Valleyfield Street, stating that this lot not be sold because of the possibility of its use for a scattered site subsidized house Tax Title Should the Selectmen wish to sell lot 26 (44) or lot 24 (42) on the Masciulli other side of Mr Masciulli ' s lot 25, either of these lots could be combined with lot 25, but should not be sold as a separate building lot The Board agreed that a meeting should be arranged with Mr Masciulli to discuss his request The Chairman read a request from the Veterans of Foreign Wars Post #3007, to sell buddy poppies throughout the Town on May 13, 14 and 15, 1971 , VFW Upon motion duly made and seconded, it was voted to grant the Permit request of the Veterans of Foreign Wars, Post #3007, to sell buddy poppies throughout the Town on May 13, 14 and 15, 1971 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on April 5, 1971 Minutes The Chairman read a request from St Nicholas Greek Orthodox Church to close off from public use the portion of Meriam Street sur- rounding the church grounds for one hour, Friday, April 16, from 8 30 Greek to 9 30 p.m for a procession. Orthodox Upon motion duly made and seconded, it was voted to grant the Church request of St Nicholas Greek Orthodox Church for Friday, April 16, Permit 1971 from 8 30 to 9 30 p.m , subject to the restrictions of the Chief of Police The Chairman read, for the Board' s information, a letter from Attorney General Quinn enclosing a check for $296 93 as the fourth Copper payment on the Copper Piping settlement Piping The Chairman read a letter from the Historical Society giving the recent vote of the Society to support the Selectmen in their ef- Central forts to persevere in retaining the present openness in the Central Block Block area The Chairman read a letter from Congressman Morse regarding the National Flood Insurance Program The Board agreed to refer this to the Town Manager to see if it can benefit our homeowners The Chairman read a notice from the Alcoholic Beverages Control Commission regarding Patriot' s Day, Monday, April 19, 1971 ABC Upon motion duly made and seconded, it was voted to request the Patriot' s Package Goods stores to remain closed, hotels, restaurants and clubs Day may sell alcoholic beverages during the usual holiday hours 466 The Chairman read a notice from the Alcoholic Beverages Control Memorial Commission regarding Memorial Day, Monday, May 31 , 1971 Day Upon motion duly made and seconded, it was voted to request the Package Goods Stores to remain closed; hotels, restaurants and clubs shall not reopen for the sale of alcoholic beverages before 12 00 o'clock noon Upon motion duly made and seconded, it was voted to grant the Cemetery request of the Cemetery Department for the following abatement Lot Abatement Alden W Jefts, Lot No 68 - $126 Lot No 68 - $90 Perpetual care - total of $216 Upon motion duly made and seconded, it was voted to grant the request of the Acting Superintendent of Public Works for the follow- Water ing water abatement Abatement Richard Sparrow - Munroe Hamilton, 2 Militia Drive, $ 147 87; billed to wrong account by meter readers The Chairman said that a vacancy exists on the Historic Dis- Historic tricts Commission, due to the death of Max Straw Nominations have Districts been received from the Historical Society as follows Donald J Appointment Shaw and Martin A Gilman Upon motion duly made and seconded, it was voted to appoint Mr Donald J Shaw, 6 Barrymeade Drive, a member of the Historic Districts Commission to fill the unexpired term to January I , 1976 Gas Main Upon motion duly made and seconded, it was voted to grant the Permit request of the Mystic Valley Gas Company to locate a 4-inch high gas main in Bryant Road to serve Village Circle Upon motion duly made and seconded, it was voted to grant per- Field & mission to the Lexington Field and Garden Club to hold the annual Garden plant sale on Wednesday, May 12, 1971 from 10 00 a.m to 12 00 Noon Permit on the grounds behind Buckman Tavern, subject to the usual restric- tions of the Acting Superintendent of Public Works The Chairman read a request from the Lexington Commission on Suburban Responsibility that the Board add a representative of Lexing- ton Interfaith Corporation to the Commission's membership. The Chairman said that it has been the attitude of the Board not LCSR to get into specific interest groups We felt there was an adequate cross section of all groups and we have denied recommendations for further membership The Chairman said that the letter also requests that the Board consider replacement of the representatives of the Housing Authority and Senior Citizens as they have been unable to attend meetings this season and the Commission does value the advice and counsel that rep- resentatives of these two groups have to offer 467 After discussion, the Board agreed to look at the total membership at a future meeting and no action would be taken on the representatives of the Housing Authority and Senior Citizens until the expiration of their terms on June 30, 1971 The Chairman read a letter from the Lexington Council of Congre- gations, submitting the following nominees for the appointment of a representative to LCSR, to fill the unexpired term of Rev Wells, Dr Robert Mann, Rev Herbert Adams and Mr Lloyd S Beckett, Jr Upon motion duly made and seconded, it was voted to appoint Dr Robert Mann a representative of the Lexington Council of Congrega- tions on the Lexington Commission on Suburban Responsibility to fill LCSR an unexpired term to June 30, 1971 Appoint- ments The Chairman said that a vacancy exists on the Commission for a representative of the Board of Selectmen to fill the unexpired term of Mr Greeley Upon motion duly made and seconded, it was voted to appoint Mrs Natalie H Riff in a representative of the Board of Selectmen on the Lexington Commission on Suburban Responsibility to fill an unexpired term to June 30, 1971 The Chairman read a request from the National Commander of the American Legion to sign a letter to the Chief of the United States Prisoners delegation to the Paris Peace negotiations with representatives of of War North Viet Nam and the National Liberation Front that we are deeply concerned about the well-being and early release of American prisoners of war in Southeast Asia The Board agreed that the Chairman would sign the letter in their behalf The Chairman said that it is the recommendation of the Town Engi- neer to take slope easements for sidewalk construction on Bow Street, Taft Avenue and Simonds Road Sidewalk Mr Legro said that he had received the plans and requests for Slope these easements, there are numerous properties involved Easements Upon motion duly made and seconded, it was voted to make the takings for slope easements, with an award of no damages, on Bow Street, Taft Avenue and Simonds Road Mr Cataldo abstained Mr O'Connell said that we have been informed by HUD of a 10 per- cent increase in the Federal Grant for the relief sewer, WPC Mass -217, in the amount of $29,850; the previous grant offer was $298,500, bring- ing it to a total of $328,350 of federal participation We have gotten Bedford the grants we have applied for and are most fortunate Sewer The Town Engineer informs me that authorization has been received from Mr Peterson of the Federal Water Quality Administration to award the contracts and, as the intent to award action was taken prior to the Presidential Proclamation suspension date of the Davis-Bacon Act, IIIWage Decision AK-5, 815 will remain in the contract documents 4t8 Mr Legro said that in view of the circumstances, I would be happy IIIto see these contracts awarded The Chairman said that this letter from Mr Peterson is proof that we are conforming Now, we are looking for a letter regarding State aid Upon motion duly made and seconded, it was voted to award the fol- lowing contracts for the Town of Lexington Water Pollution Control Project No WPC-Mass -217 to the following Contract No I , Relief Sewer, to D DiMartino Construction Co , 511 Lincoln Street, Franklin, Mass in the amount of $466,735 00 Contract No 3, Pumping Station, to B Snyder and Company, Inc 120 Braintree Street, Allston, Mass in the amount of $ 182,569 00 The Chairman informed the Board that the Citizens' Petition on Article 72 (Mark Moore) with a total of 1 , 185 names, of which 1 ,033 Referendum have been certified by the Clerk has been received It is encumbent Art 72 upon the Board to set in motion everything for a Referendum, the statute says that within 10 days of the filing of the petition, the date for the Referendum must be set within 14 days, and notice must be given at least 7 days within the call of the meeting As you know, we have a By-Law change from mailing to every voter to mailing to every dwelling house; therefore, we have some updating of our mailing list to try and comply with this new By-Law It is my recommendation that we set the date for the Referendum at our next meeting The Board agreed to set the date for the Referendum at the next III meeting Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, financial interests of the Town or the reputation of any person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 40 p.m A true record, Attest \J Executive Clerk, Selectmen l 4160 SELECTMEN'S MEETING April 20, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, April 20, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Busa and Mrs Riffin were present Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present The Chairman read a report from the Town Engineer regarding a letter received from Mr Frank Waibel , 41 Outlook Drive on his better- ment assessment of $ 1 , 100 for the paving of Downing Road The report states that the betterments are assessed against all properties abut- Waibel ting the layout of the street being bettered, this is completely Assessment independent of the street address The Waibel lot borders completely on the Downing Road layout, they have no frontage on Outlook Drive The Chairman asked Mr McSweeney to talk with Mr Waibel and ex- plain that he is assessed for this amount now but if , and when, Outlook Drive is done, he will not pay a betterment We will write to Mr Waibel that the Town Engineer will be in contact with him The Chairman read a report from the Town Engineer regarding a petition from the residents of Fletcher Avenue for the installation of proper drainage, if catch basins or some form of proper drainage could be installed to catch the runoff water, we feel that this problem would be eliminated The report states that at present, there is no drainage in Fletcher Ave Fletcher Avenue and runoff from the hill behind Jefferson Union runs Drainage downhill to the Fletcher Avenue area and then runs into the gutter down towards Hayes Lane Since there is no curbing, the width of the flow in the gutter becomes significant with a rainfall of any appre- ciable duration and in the winter creates a serious ice hazard We feel this could be remedied by the installation of catch basins at the end of Fletcher Avenue and approximately 245 feet of 12" drain If this work is performed by Town forces, the estimate is $2,300 To pro- vide complete drainage for the entire length of Fletcher Avenue would cost approximately $9,000 The Chairman asked if the Town Engineer had $9,000? Mr McSweeney replied, no We might possibly have the $2,300 when we get this year' s work out of the way, Upon motion duly made and seconded, it was voted to instruct the Town Engineer to construct the first phase of the drainage system on Fletcher Avenue as soon as funds are available The Chairman read a Superintendent of Public House report from the Acting Sup nt Works regarding a request from Jean Lariviere & Son to move a house from Move Lexington Road, Lincoln to 135 Wood Street, Lexington L 47 Mr McSweeney said that the Board had previously granted permis- sion for this house move and I will go over the route to see if the same conditions exist If so, I can't see any problem The Chairman said that the Board must set the date of the Ref- erendum; according to the statute, it can be no later than two weeks from tonight Upon motion duly made and seconded, it was voted to set the date Referendum for the Referendum on Article 72 of the 1971 Annual Town Meeting for May 3, 1971 Upon motion duly made and seconded, it was voted to close the Warrant for the Referendum Upon motion duly made and seconded, it was voted to set the poll- ing hours for 7 00 a.m to 8 00 p .m on May 3, 1971 Upon motion duly made and seconded, it was voted to sign the Warrant for the Referendum on May 3, 1971 Upon motion duly made and seconded, it was voted to grant permis- Gas Main sion to the Mystic Valley Gas Company to install a 2-inch high pros- Permit sure welded steel gas main in Tucker Avenue to replace the existing gas main with a new welded steel main, subject to the specifications of the Town Engineer. The Chairman informed the Board that he had talked with Mr Lund and the appraisal of the Central Block area will be completed a week from Friday and it will be submitted to the Board Is it the sense of the Board to have Town Meeting act on acquiring all or part of this property? Mr Bailey replied that he felt it has to go that route Special Mr Kenney said he wants to see the cost Town The Chairman asked if it is the Board' s feeling to give Town Meeting Meeting an opportunity to act on this? The Board agreed The Chairman said that we agree it should be done as soon as pos- sible, In fairness to the owners, we should give them an answer If we hold the Town Meeting on June 14, we would have to close the Warrant on May 10 Upon motion duly made and seconded, it was voted to hold the Special Town Meeting on Monday, June 14, 1971 , at 8 00 p.m Upon motion duly made and seconded, it was voted to close the Warrant for the Special Town Meeting on May 10, 1971 at 4 30 p.m Mr Ephraim Weiss met with the Board He said that he was repre- senting himself to discuss the coming appointments to be made to the Weiss Board of Appeals I think the appointment is probably one of the most Board of important acts that the Selectmen take The Board of Appeals is pcob- Appeals ably next to the Selectmen in importance and affects the nature of the Town most profoundly I feel very strongly there are problems with the Board of Appeals I thought it was me but that is not so as there are 1 4 7 other people reacting also I am generally the establishment type and find it impossible to defend the actions of the Board of Appeals I don't want to raise serious charges against them but there are problems with the composition of the Board and with the manner in which the Selectmen make appointments There are five members and the average age Is 67 years, and this is ridiculous, the average age of the Asso- ciate Members is 58 years, I think this speaks for itself - a bunch of old men and it is completely unnecessary for the kind of people you want on the Board Eight are the business type, one is unemployed and one is a professor, this doesn't seem a desirable mix and I would like to put it to you to consider others, lawyers, architects, engineers, etc When the Townspeople see the Board comprised entirely of business people, it looks bad, and it is bad The procedures in many respects are quite arbitrary I went, and it appeared that the Chairman made up his mind what he expected to do before the hearing started I raised the question of the Chairman at a recent hearing as I wanted to find out how the hearing was conducted, so I asked, how do you arrive at your decision? The answer was, if you think we are going to tell you how we arrive at our decisions, you have another think coming, he was very antagonistic The net effect of this is, that the sense of a lot of people is, in many cases it is not dispensing justice The General Laws state that all hearing shall be open to the general public, setting forth clearly a decision The Board of Appeals has a hearing and then goes into Executive Session I question Executive Session, as it says the finances of the Town are affected or where personalities are involved, and in many cases this is not applicable They don't clearly set forth a reason for their decisions, either I think you should consider changing the approach of appointments People are re-appointed and re-appointed for a long time. I think five years is a long time and ten years an inordinately long time You should establish some selection guidelines and make them known, and you shouldn't be over 60 years of age, you should look at his occupation, his experience and interests and should look for diversi- fication on the Board You have an influence on them and should try to encourage the Board of Appeals to serve a public purpose, not private The Board of Appeals should review their guidelines and hold public deliberations I can't think of any good reason in de- ciding a case when a man wants a variance and they go into Executive Session Mr Buse asked how young he thought a Board of Appeals member should be, 21? Mr Weiss replied, not necessarily 21 , a good 2I-year old is per- fectly competent but he may not be experienced You want someone with experience from 25 to 30 - but 60? Mr Bailey asked if there are specific decisions he is upset about? Mr Weiss replied, yes, it has been going on for ten years and I have been provoked most recently by decisions The Chairman said, in your memory, there have been decisions handed down, do you remember any decision being overturned by the Court? 4I2 Mr Weiss replied, no The Chairman said this is pretty good proof of the public being 111 served, if a case went to the Supreme Court and the Supreme Court judges saw fit to uphold the judgment of the Board of Appeals, this is, in my mind better proof than you as an individual judging whether it was in the best interests of the Town We will both ad- mit that in any case of law, they are much better detailed than you or I In my opinion, the present Chairman of the Board of Appeals, although we disagree many times, the Town has not been served in a better capacity than here and I find it hard to sit here and accept this If any Board researches, they do, and they research a petition before the night of thin hearing I will agree that some times when a petition is before the Board, the people opposing the petition have pushed the Chairman to the end The Chairman has extended himself to either side of the fence, whether granted or denied I can't sit Board of here and agree with you totally; I think a couple of times, yes, by Appeals and large, no On your recap of the Board, you can't penalize any- one for being 60 Mr Weiss asked, you don't find wise people younger than 60? The Chairman replied, I would say that, I wouldn't deny wisdom and experience Mr Bailey said, in the main, your unfavorable feeling is be- cause of a case where the variance was granted or denied? Mr Weiss said the cases are the one I am aware of and the ones Board of I have attended, I know a lot of the details involved In most Appeals cases, the appeal was granted and I think the hearing indicated very clearly to a lot of people present that the decision has been pre- disposed I am not against people over 60; tell me what your standards are and tell me what average age you take candidates Mr Busa said if this would hold true in the Selectmen, Town Counsel , Town Manager; then we should all retire Mr Weiss said that I am not questioning people over 60; do you think a person of 40 is qualified to serve on the Board of Ap- peals? p- peals? Mr Kenney replied, yes I agree with the Chairman that no case has been overturned in Court, when it goes to a court of law and is upheld by an impartial judgment Mr Weiss said that very few cases go to litigation, I know of people who say it wasn't worth his while financially In these cases where they do go to court, there are some aspects where the judge would tend to believe what the Board of Appeals told him The Chairman asked if he had ever gone to a Court of Appeal' s case? Mr Weiss replied, no The Chairman said, you should; each side is heard by the judge, and every accusation you made here, they make the same and the judge is hearing the same thing The Attorney representing the appellant here is there to do a job and is pulling no punches Mr Weiss said I haven't been to one of those cases, I can only tell you of the impressions I got and the kind of answers I got 47e The Chairman said this is fine to form your own opinions and you should give them as such, what happens in a court of law, that is not the case Mr Weiss retired from the meeting Mr Scanlon and Mr Adler, Architect of the Housing Authority and Mr Zehner of the Arts and Crafts Society met with the Board The Chairman said that this meeting was arranged at your request The Housing Authority is ready to make the request of us for the amount of land for their project on Vine Brook Village You have heard that Arts and Crafts are looking to the future by expanding their facilities and to talk to the Board at the same time to ensure them of adequate facilities for their expansion proposed in the near future Mr Temple Scanlon said that we have had two meetings with the Planning Board and two appearances with the Board of Appeals and have their approval and the Town Engineer's approval , as far as they can approve the sanitary facilities, streets, road, and such There are about 51 acres and since meeting with these various groups, the total taking is 4 4 acres Mr Scanlon showed plans of the area The Chairman asked about the easement If the taking is made for sewer purposes, what do we have to do in order to convey it? Mr Legro said if you mean is further Town Meeting action required, the answer is, no The Town has the fee on it I think we acquired this land subject to the sewer easement, and would convey subject to the Town' s easement for sewer purposes There is nothing in the takings that I recall would affect it Vine The Chairman pointed out the Hastings land Brook Mr Scanlon said that the 55 ft strip is what we will be asking Village to rezone We are discussing the final price and hove had two con- versations with Mr Hastings, but by the end of the week it will be done, we have an appraisal from the DCA on the limit we can go The Chairman said that the Warrant closes on May 10 at 4 30 and we want the Articles in We will not hold it open Mr Legro said that before it comes to the Town Meeting floor, I suspect you will want to have arrangements completed with Mr Hastings Mr Scanlon said there are no major problems separating our intent Mr Buse said he didn't understand the question of rezoning beyond the 55 ft access Mr Adler explained that the Town owned a 20 ft strip beside the Hastings land The Housing Authority wishes only to take the 55 ft strip for access and asked that it be rezoned to RM because, as it is now, they have no frontage on any street and this would give them frontage on Waltham Street with that area being RM zoned Mr Scanlon said we are negotiating on Hastings' entire piece The Chairman asked if they had met with the abutters to discuss this project? Mr Scanlon replied, no The Chairman asked if this is the final proposal? Mr Scanlon replied, yes, if it is approved here 4I 4 The Chairman asked if the Planning Board is in agreement? Mr Scanlon replied, yes Mr McSweeney asked if the easement is necessary? Mr Adler said it was the recommendation of the Planning Direc- tor for an easement out to the Town sewer Mr Legro asked if it were drain or sewer easement? Mr Adler said we are depositing the storm water in drainage Mr Legro said you want drain and sewer, then Mr Busa added, through the easement Mr Legro asked if there were any construction problems? Mr McSweeney didn't know of any, it would be just legal work Mr Legro said he would like a print of this plan The Chairman asked about parking for how many cars? Mr Scanlon replied, a total of 31 paved and reserved area park- ing spaces The Chairman asked if there were any more questions? Hearing none, he said that he had met with Mr Zehner and Mr Fisher three times and had asked Arts and Crafts to come to the Board with the thinking as to what they would need to get their situation resolved Mr Zehner showed the plans and said the area indicates how narrow the building area is We have the fee on which there is a sewer and Vine Brook drain The Town has the right of way and we do have hopes of a passageway; we need that badly for parking We have had conver- sations with Housing to buy that area that will be surplus with them I understand there would be no problem in acquiring that which they have no use for We plan to build again; we would like to build an addition to the rear and it envisions a variance from the Board of Appeals We hope we could approach it 10 ft from the Tropeano line We plan to build and we would plan to take care of the parking stalls, but make no steps for construction or paving until we have adjusted the new construction We would build an auditorium with multiple uses, either rectangular or "L" shaped We come to the Board asking for the opportunity of acquiring this land The Chairman asked if he had a proposal of the building size? Mr Zehner replied, no, it may be 5 or 10 years The Chairman said that, basically, this part you could only use for parking, are you looking at easement or fee? Mr Zehner said we would like the fee, subject to the easement The Chairman asked Mr Scanlon what his objection is? Mr Scanlon said that our objection is the same as expressed by the Planning Board and the Architect, the distance from the bedroom areas would be only 50 ft , instead of remaining at 85 ft The prob- lem is with the parking day and night, and we all feel that the addi- tional 35 ft would greatly ease the discomfort The Chairman asked what if they put in an intensified screen? What would your objection be? Mr Scanlon replied that we have no assurance it wouldn't be opened up for parking 10 years from now The Chairman said if it is screened to 10 ft deep, what objec- tion would you have then? 47 5 Mr Adler said that he didn't feel it would be adequate, we felt the transfer of land was a compromise We agreed to it because we recognized Arts and Crafts' position in the community; however, when talking about the use of this land for parking, I would consider it adverse use Housing is for the elderly and all the bedrooms look out onto the wooded areas and we feel it should be maintained in its natural character We are giving a green belt around the building and, if for parking, the noise penetrates within 50 ft of the build- ing whose bedrooms look out on it The Chairman said that you say it is a noise factor, in the natural state vs putting up a dense living screen, you have 6 months' foliage Mr Adler said if the Housing Authority had a guarantee in 10 or 5 years from now, if there were this dense, heavy screen provided, it would substantially cut down sounds to the building; if it didn't happen, you would be living with a parking lot The Chairman said if we talked to Arts and Crafts on the basis -to convey it until they bui Id a bui lding, would you have an objection? Mr Adler said he didn't think a building would be considered an adverse use, if there were no parking Mr Zehner said he thought the Society would sign an agreement not to build for parking, we would leave it in this state until it was time to build, The Chairman asked Mr Scanlon if he would have an objection to that? Mr Scanlon replied, yes Mr McSweeney asked about moving the buildings Mr Adler said that the survey located every tree, we have worked around large trees 30 ft in diameter to preserve them If we move this, we stand to lose a good number of trees We did not want to move the buildings 45 ft in the beginning of negotiations, we met with Mr Zehner and included him in our plans and tried to work with Arts and Crafts as a community organization In asking for this land, we went to the further south line so their demands could be met The Chairman said you recognize this is the only part they can build on? Mr Scanlon said they can build over the sewer The Chairman said we are saying this is the only buildable land, 1200 sq ft This is a very important piece of land as far as bui Id- ing a building I am not so concerned about the parking but if and when they are going to build a bui lding, this is important to them We recognize the services that they render to the Town and it is equally important for us to consider them Mr Zehner asked if there was any possibility of swinging the buildings another way? Mr Adler said if I said no, I would be lying, there are many possibilities The Chairman said they have arrived at a good, basic design of a master plan He addressed Mr Zehner and said that parking is not 47t your most important consideration; if the Board considers this, it would only be used when you are going to build a building and the Board of Selectmen polices it in that manner Mr Kenney said if there is a restriction on parking on the green, would you, as the Architect, have any objection? Mr Adler said the intention we had is to leave it in its natural state and that would be our screen with the neighbors Mr Kenney asked if the Planning Board' s objection is primarily on parking? Mr Scanlon replied, yes, we want to buy this amount of land, then this is left to you It will be zoned for apartments The Chairman said that once we agree on what land is going to be conveyed, we will have an Article in the Warrant and this will all be put in the same zone Mr Scanlon said that the Article could be amended so that piece would not be used for parking The Chairman said that would be in the deed We are trying to ac- commodate both of you If done properly, it would be an assist None of us wants an ocean of asphalt Once the Board determines what direc- tion it is going, we will schedule another meeting A determination will be made for this Town Meeting The Board will take it under advisement and we will be in touch with you Mr Scanlon, Mr Adler and Mr Zehner retired from the meeting The Chairman asked what is the Board' s feeling on asking for the fee in the 20 ft strip for us to retain the easement and convey? Mr Bailey asked if there was any reason why not? Mr Busa said if we have a restriction on the green they have to maintain the green belt Mr Bailey said that with restrictions, he would vote to do it Mr Kenney asked, any compensation? Mr Busa said he is looking for the fee and 20 feet Mr Legro said, you mean grant them an easement to be used for parking Mr Busa said he didn't understand why he wants the fee Why have the fee in a 20 ft strip Mr Legro said if they didn't have the fee, it would have a bad effect on the side yards The Chairman said they would never get a building permit The Chairman said we will schedule a meeting with the Planning Board and the Housing Authority for next week The Chairman said that the annual appointments must be made. Registrars Upon motion duly made and seconded, it was voted to re-appoint Re-appt Edward J Belliveau to the Board of Registrars of Voters for a three year term expiring March 31 , 1974 Upon motion duly made and seconded, it was voted to re-appoint Retirement George P Morey a member of the Board of Retirement for a three year Board term expiring March 31 , 1974 477 Upon motion duly made and seconded, it was voted to re-appoint Rev. Fence Harold T Handley and Louis A Zehner as Fence Viewers for a one-year Viewers term expiring March 31 , 1972 Upon motion duly made and seconded, it was voted to re-appoint Gemmel James E Collins a Trustee of the Gemmel Legacy Income for a one-year Trustee term expiring March 31 , 1972 Upon motion duly made and seconded, it was voted to re-appoint Executive Eleanor M McCurdy as Executive Clerk to the Board of Selectmen for a Clerk one-year term expiring March 31 , 1972 Upon motion duly made and seconded, it was voted to re-=app©int Board of Charles T Abbott a member of the Board of Appeals for a five year term Appeals expiring March 31, 1976. Upon motion duly made and seconded, it was voted to appoint Irving Assoc H Mabee as Associate Member of the Board of Appeals for a one year Members term expiring on March 31 , 1972, and to re-appoint Mrs Ruth Morey, Board of Logan Clarke, Jr , Woodruff M Brodhead, George W Emery and Haskell W Appeals Reed as Associate Members of the Board of Appeals for a one-year term expiring March 31 , 1972, Upon motion duly made and seconded, it was voted to re-appoint Town Raymond B Barnes, Ralph V Lord and William P Fitzgerald members of Celebra- the Town Celebrations Committee for a three year term expiring April 30, tions 1974 Comm Mrs Riffin asked that the record show what an outstanding job the Town Celebrations Committee had done on April 19th The Bbard agreed, and the record so states The Board agreed that an appointment be made to meet with Rev Handley; Director of Guides, to discuss the appointment of Guides for Guides the coming season Mr Legro informed the Board that two weeks from Monday night is the last opportunity for the Board to exercise the Oneida option It Drummer will take a written request from the Conservation Commission They Boy Land should make the initial decision that they can do it without jeopardiz- ing the grants of funds for aid Mr O'Connell is to contact the Conservation Commisston for a letter Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Exec matters which, if made public, might adversely affect the public security, Session financial interests of the Town or the reputation of any person Arter disdussion of matters of financial interst to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 25p m. A true record, Attest � ' , ,.)4,441/t cam4, c xecutive Clerk, Selectmen 478 SELECTMEN' S MEETING April 26, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, April 26, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riffin were present Mr Legro, Town Counsel , Mr O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present Mr Zehner met with the Board regarding bids received on $ 1 ,000,000 to be borrowed in anticipation of tax revenue We got the lowest rate of any of the Towns that borrow today He requested the Board to award to the low bidders, The Harvard Trust Company and the Newton-Waltham Bank and Trust and to sign the notes and delivery au- thorizations, the loan to be dated April 29, 1971 and due on November Treasurer 3, 1971 Upon motion duly made and seconded, it was voted to award the contract to the low bidders, to sign the notes and delivery authoriza- tions to the following banks Harvard Trust Company on $250,000 2 53% discounted Harvard Trust Company on $250,000 2 58% discounted Harvard Trust Company on $250,000 2 63% discounted Newton-Waltham Bank and Trust on $250,000 2 66% discounted Mr Legro requested the Board to sign the Orders of Taking for slope easements on Bow Street, Taft Avenue and Simonds Road for side- walk construction, awarding no damages in accordance with the vote of the Board on April 14, 1971 Upon motion duly made and seconded, it was voted to sign the Slope Ease- Orders of Taking for slope easements on Bow Street, with an award of ments Bow no damages St Taft Ave Mr Cataldo was recorded as not participating in discussion or & Simonds Rd. the vote Upon motion duly made and seconded, it was voted to sign the Orders of Taking for slope easements on Taft Avenue, with an award of no damages Upon motion duly made and seconded, it was voted to sign the Orders of Taking for slope easements on Simonds Road, with an award of no damages Mr O'Connell said that Town Counsel had asked him to get a let- Drummer ter to exercise the option on the Oneida Corporation for the Drummer Boy Land Boy land In checking, Stanley Brown found that HUD will not agree to this until they have seen the application for the grant, which is 479 in process I discussed this with Mr Legro, who indicated he is work- ing on this There is a further complication as Mr Legro received as late as last Friday, a request from the Planning Board for slope ease- ments and this may involve the need for the extension of the expiration date The Chairman said that the Planning Board didn't want anything in the beginning What would we need slope easements for? Mr Legro replied for the depth of the fill , they have to slope on either side of the way The Chairman asked if Hadley Road is defined to the width of 100 ft and if this is the case, would we need anything beyond it Mr Legro replied, I think so The Chairman asked when would we exercise the option? Mr Legro replied, on May 15; we will have to have a modification of the option, anyway, to satisfy for the slope easements The Chairman said that a letter has been received from Rev Handley requesting the Board to change the date previously granted for Permit the paper drive from May 2 to May 9, 1971 from 100 p.m to 6 00 p.m Upon motion duly made and seconded, it was voted to grant permis- sion to the Church of Our Redeemer to hold a parish-wide paper drive on Sunday, May 9, 1971 , from 100 p.m to 6 00 p.m The Chairman read a letter from Charles A Withrow, 10 Grant Place, regarding low water pressure on Grant Place because of a one- inch main serving four houses Mr Withrow states that he understands the drain from Meriam Street through the parking lot will be extended this year and this means that part of Grant Place and the intersection Water at Grant Street will be excavated; this would seem to be a convenient Grant time to install a larger water service and the placing of a hydrant on Place the street would be a comfort also The Chairman said that he assumed if we were to do this, we would have to lay out that street, take the easements and charge betterments for the water main The Board agreed to refer Mr Withrow' s request to the Town Engi- neer for his recommendations The Chairman read a request from the Greater Boston Chapter of Muscular Dystrophy Associations of America, Inc for permission for a Muscular fund raising drive on Sunday, October 24, 1971 Dystrophy Upon motion duly made and seconded, it was voted that the Board Drive had no objection to the Boston Chapter of Muscular Dystrophy Associa- tions of America, Inc conducting a fund raising drive on Sunday, October 24, 1971 The Chairman read a letter from Governor Sargent regarding a State- wide Conference of Municipal Officials at Bentley College in Waltham Official?;' on May 6, 1971 at 7 30 p.m Conference Mrs Riffin and Mr O'Connell are to attend the conference 480 Upon motion duly made and seconded, it was voted to grant the Water request of the Acting Superintendent of Public Works for a water Abatement abatement to Richard Johnson, 66 Allen Street, $9 45; corrected billing; frozen meter changed by builder Upon motion duly made and seconded, it was voted to grant the request of the Tax Collector to rescind the vote of March 5, 1971 to abate the 1970 ambulance bill of Mary Doyle, 38 Scanlon Street, Quincy, as the bill has been paid. The Chairman read a letter inviting the Board to attend a Watershed meeting of the Shawsheen River Watershed Association on April 28, Meeting at 8 00 p.m at Phillips Academy, Andover The Chairman said that if any member wishes to attend, feel free free to go The Board discussed the request of Dr Bergmeyer, 11 Mountain Road, regarding plowing and maintenance of Mountain Road Mr Legro said that the grant from the Town to Mrs Hennessey was a right of public travel for a right-of-way and this 40 ft strip abutting the entire frontage, the common boundary part of it between what was Mountain Road extends along that entire boundary line to Turning Mill Road and she released all right-of-way appur- tenant to this It may well be she retained the 4 II acre parcel to travel over this right-of-way over Robinson Road over to Grove Street All of these instruments were recorded in 1962 to become 111 effective in 10 years unless, in the meantime, she or the Town con- structed a passageway There was no obligation to the Town to con- Mountain Rd struct a passageway or to plow Plowing The Chairman said that as far as we are concerned, we are not obligated to plow She has gravelled it Mr Legro said if it has been gravelled, then she has released this right-of-way down to Robinson Road, and released it to the suc- cessor in title The Chairman said then we have no legal responsibility in any fashion to plow it Is it the Board' s position that we maintain and not plow it? Mr Busa asked if it would be possible to get in and out to plow it? The Chairman said that is beside the point Mr Kenney asked if there were any precedent on this? Mr McSweeney replied, no Mr Bailey said that these people say they weren't told. The Chairman said that he had told them four times. Upon motion duly made and seconded, it was voted unanimously to deny the request of Dr Bergmeyer to plow Mountain Road as it was the expressed provision of the transaction when the land was pur- chased from Mrs Hennessey that the Town would be under no obliga- tion to plow or remove snow from this passageway 481 The Chairman said that Dr Bergmeyer asked to put up a chain if his request were denied Mr Legro said that first of all , the Town still owns the fee on the right-of-way and that is contrary to putting a chain across the way. The Chairman said that he had told Dr Bergmeyer that and, also, in an emergency, a car couldn't get in Upon motion duly made and seconded, it was voted to deny Dr Bergmeyer' s request to chain off Mountain Road and close it to the public The Board discussed the Lexington Commission on Suburban Responsi- bility The Chairman said that we had a request from the Commission to add a representative of Lexington Interfaith Corporation and we said we would look at the organizations involved in the Commission Mrs Riff in said that the Lexington Association for Moderate In- LCSR come Housing is no longer active The Chairman said they should write a letter of resignation Mrs Riff in is to contact LAMCH The Chairman said that the representatives of the High School are not appointed Mr Bailey suggested keeping it open The Board is to discuss the membership list at a later meeting The Chairman said the Rules and Regulations for Liquor Licenses Liquor for Motels and Restaurants must be amended for the Board to vote to be Regulatiomf notified of any change in Manager, and the Manager would have to be Motels someone in authority within the Licensed facility. Mr Legro agreed to submit the proper language to the Board The Chairman said that the Town Engineer has requested that the agreement with the State on Chapter 768 for Spring Street be signed He asked Mr McSweeney what will happen if it doesn't go through Chapter Town Meeting? 768 Spring Mr McSweeney replied that we submit a request again next year; Street we have a deadline of June, 1972 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Project Request for Spring Street for Chapter 768 money The Board agreed to schedule a meeting with the Citizens' Advisory Committee on May 3 to give the members their charge on Spring Street Meeting and East Street The Chairman said that we have talked of Articles for the Warrant Warrant He asked Mr Legro if this is the Town Meeting to do the layout of Articles Massachusetts Avenue for the Central Block? Say the Board recommends Special to take 25' , would we have to have this all laid out before Town Meeting June Town or would it be sensible to hold the layout for the next Town Meeting? Meeting 482 Mr Legro replied to lay it out to the 15 ft. line and vote to lay it out beyond, you leave no access I think the layout ought to follow as closely as it can You ought to make an agreement with the owners, perhaps not on the damages involved but on the proce- dures to be followed; then we don't have an interim period that the time lag could affect the damages The Chairman said that where there is a difference of opinion, it is my feeling there should be two separate Articles ( I ) to take all of it, (2) to take all or part on the recommendation of what the Board feels, If we go in with a general Article for all or any part, Town Meeting really doesn't have any choice If there are two sepa- rate Articles, they will know exactly what they are voting on Mr Legro said you could accomplish it by "to see if the Town votes to take all or any part of it" , and have a specific purpose The Chairman disagreed We should first say, do we take the whole thing or not; it is a mistake going in with one Article Mr Legro said that we can work up two Articles and when the Board is making the final vote to insert, we can leave one or the other out The Chairman asked if there were any other Articles to go in the Warrant? There were no other Articles Mr Hruby and Mr Adler, Architect for the Housing Authority, Mr Zehner of Arts and Crafts, Mr Nickerson of the Board of Appeals, and the Planning Board met with the Board to discuss Vine Brook Village The Chairman said that we had a meeting last week with the Housing Authority and the Arts and Crafts Society and there was a difference of opinion on the proposal , as it was presented to the Vine Brook Board, on what should happen to the development, specifically with Village the Arts and Crafts Society Basically, the proposal that came be- fore us last week was what the Planning Board approved and the Board of Appeals approved, except for one point, which is, there are ap- proximately 1200 sq. ft that Arts and Crafts would like included in a conveyance to them The Housing Authoity objected and, according to the Planning Board minutes, you people objected If we considered favorably to convey that 1200 sq ft of land, we would go to Town Meeting for specific authority to convey it to Arts and Crafts What is your feeling of a restriction that it not be used for parking, but for a building to be used in conjunction with their program? Mr Hruby said that we don't have any objection to this type of proposal as long as it is not used for parking, as it is close to our buildings, 33 ft , and the noise and activity might be objectionable to our tenants The Chairman said if we were going to convey it, it would be left in its natural state Beyond that, the screening would be inten- sified to give privacy until they build the building That restriction would go with that parcel of land 483 Mr Hruby said that the Housing Authority would have no objection Mr Lund said that our position was when they came in with the Architect, we thought we ought to support the Architect in his views and his objection was parking If the Architect and the Housing Au- thority do not object Mr Adler, Architect, said that the evening that motion by the Arts and Crafts was proposed to the Board, I believe they were trying to get as many parking lots on that as possible Since then, Arts and Crafts has prepared an alternate proposal and they have been will- ing that this land would not be used for parking at any time and would only be used for building a building The Chairman addressed Mr. Nickerson and said that he understood a hearing had been held to set forth some conditions on the planning and determinations If the total land area stated 4 4 acres, would that make a difference in your determination? Would you have any ob- jection to making the restriction we talked about? Mr Nickerson had no objection The Chairman addressed Mr Hruby and said that he had said the Housing Authority had no objection but would he want us to insert an Article for the access alone Mr Hruby replied, yes Mr Lund said, then we have no objection The Chairman asked Mr Lund, just the access road? Mr Lund said that the description included the whole parcel The Chairman said that the Article should be based on the descrip- tion of just the access The Chairman asked Mr Hruby if he thought it would be consummated by Town Meeting time? Mr Hruby replied, yes; I think it will be resolved within the next 10 days Mr Zaleski said that the Article refers to 55 ft , not the whole parcel The Chairman asked if the Board felt it should be a Selectmen' s Article to convey it to the Arts and Crafts Society? The Board of Selectmen agreed it should be a Selectmen' s Article The Chairman said that we will expect a letter from the Housing Authority asking us to insert the Article; then we will insert the Arti- cle for conveyance to the Arts and Crafts Society Mr Hruby agreed to submit the letter Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, financial interests of the Town or the reputation of any person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 45 p.m A true record, Attest 2- 41/4411 KKK Executive Clerk, Selectmen 4 '41 i SELECTMEN'S MEETING May 3, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, May 3, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Busa, and Mrs Riffin were present; Mr Legro, Town Counsel ; Mr O'Connell, Town Manager; Mr Martin, Assistant Town Engineer and Mrs McCurdy, Executive Clerk, were also present Mr Legro requested the Board to sign the Order of Taking for school purposes the piece of land for the Junior High School within Order of the location of the former Stedman Road, authorized by vote of the Taking Jr January 11 , 1971 Town Meeting, Article 3 In accordance with the ap- IHigh School praisal , no damages have been awarded Upon motion duly made and seconded, it was voted to sign the Order of Taking for school purposes the piece of land for the Junior High School within the location of the former Stedman Road, with an award of no damages Mr Legro said that on April 14, 1971 , the Board voted to award the contracts for the Hamilton Road Relief Sewer and the North Lexing- ton Pumping Station The Board knows this project had to be approved by the Emergency Finance Board and tentative approval was given this Relief morning The DiMartino contract is in proper form but the Snyder con- Sewer & tract is not; the DiMartino contract can be held without damage to Pumping the Emergency Finance Board' s approval , providing the Comptroller Station doesn't certify approval until the Governor approves The Chairman said that they want to get started and we should sign as they are questioning the Board' s good faith Mr Legro said he will see that the Comptroller doesn't certify the contract Upon motion duly made and seconded, it was voted to sign the contracts, subject to approval of the Emergency Finance Board, for the Town of Lexington Water Pollution Control Projcet No WPC Mass - 217 awarded to Contract No. I, Relief Sewer, to D DiMartino Construction Co , 511 Lincoln Street, Franklin, Massachusetts in the amount of $466,735 00. Contract No 3, Pumping Station, to B Snyder and Company, Inc 120 Braintree Street, Allston, Massachusetts in the amount of $182,569 00 Uraneck vs Mr Legro informed the Board he hasn't received his copy of the Busa-Lima Supreme Court decision regarding Uraneck vs Busa and Lima but the news is good 485 Mr O'Connell said that the January II , 1971 Town Meeting adopted an amendment to Article XXV, section 4, relative to the discharge of firearms within the confines of the Town. The Attorney General re- viewed and recommended additional wording regarding the standards for the rifle range At the request of the Board, Chief Corr has pursued By-Law this matter with the Attorney General' s office; I have sent a copy of Amendment the recommended additional wording to the Town Counsel and, if ap- proved by the Board, it would now be approved by the Attorney General . The additional recommended wording is as follows "Upon ranges constructed under the recommended procedures of the National Rifle Association of America" The Chairman said that we would have to insert an Article in the Warrant Mr Legro agreed The Chairman informed the Board that a letter has been received from the Chamber of Commerce, enclosing a letter received from one of its members, Carroll Cosmetics, regarding traffic conditions in the Center and in the parking lots Mr. Kenney said that he didn't agree with all the points set Center forth but recommended that the letter be referred to the Traffic Com- Traffic & mittee for study Parking Upon motion duly made and seconded, it was voted to refer the Lots letter received from Walter M Cobe, Carroll Cosmetics Inc , to the Traffic Committee for a report to be submitted to the Board Upon motion duly made and seconded, it was voted to grant the re- quest of the Tax Collector to rescind the vote of March 3, 1970 to Ambulance abate the ambulance bills submitted to Vahe Boulgarian, 149 High Abatement Street, Fitchburg, and Charles Kesseian, 74 Day Street, Fitchburg, for $5 00 each, bills have been paid Upon motion duly made and seconded, it was voted to sign the fol- lowing licenses, expiring on May I , 1972: 81 Woburn Street Corporation Lexington Cab Company d b.a Minute Man Cab Taxi & Taxi Reg No 4209 Taxi Reg No 2271 Livery 4208 2269 Licenses 4210 5305 Livery Reg No L35057 Livery Reg No. L245Il No P67626 L35059 57379Y 57382Y L35060 PI9706 57383Y L35061 U57950 58384Y L35058 The Chairman said that a request has been received from Mr Solomon C. Samourian, 120 Laconia Street, to defer betterments on his unused property We have referred this request to the Town Engineer 4[86 who reports that the street betterment assessment is $790.20 and the sewer betterment assessment is $740 70 on Lot 37A, Assessors' Map 54, Laconia Street, owned by Mr Samourian. The Chairman explained that these are two lots adjacent to the Samourian house he lives i:n and we usually defer for three years Betterment Upon motion duly made and seconded, it was voted to defer pay- Deferment ment, under the provisions of Chapter 159 of the Acts of 1950, of the street betterment assessment in the amount of $790.20 and sewer betterment assessment in the amount of $740 70, levied against Lot 37A, Laconia Street, owned by Solomon C Samourian, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event oc- curs first, provided, however, that this extension of time shall ter- minate immediately if said land or any portion thereof is built upon or sold Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings of April 14 and April 26, 1971 Chief Corr and Detective Sgt George W Forten met with the Board Mr O'Connell said that he would like to give the Board some background in connection with this meeting Several months ago, growing out of discussions with the Police concerning the matter of merit performance in the line of duty, the suggestion was made by the Police for some way of recognizing meritorious service performed in the line of duty It is a fact that law enforcement has been coming under increased attack Sometimes, duty calls for a Policeman to forego what other people enjoy and there is a need for personal recog- nition Captain Furdon and Captain Lima came up with a recommendation and brought it to the Chief and me, and recommended ( I) a valor award for heroic action in the line of duty where risk of life was involved, and (2) merit award for outstanding performance of police work I am pleased to support this and have proceeded to implement this as a plan, and the men have drawn up criteria for eligibility for these awards For the name of the citizen to name the Valor Award, they Police recommended it in honor of the present Chief, James F Corr Medal of The Chairman said it is my pleasure to be part of this and 1 Merit Award wholeheartedly concur with the procedures undertaken to accomplish this The commendation reads "To award to Detective Sergeant George W Forten a Medal of Merit for exceptionally meritorious service per- formed in the line of duty while serving as a Lexington Police Officer in that on March 5, 1971 , following an incendiary fire at Lexington High School which caused extensive damage to the Art Wing, so called, he successfully concluded an investigation which resulted in the apprehension of those responsible and further, during an extended period in late 1970 and early 1971 , he distinguished himself by his professional skill and devotion to duty by coordinating a highly successful undercover narcotic drug investigation " Signed by Walter C O'Connell , Town Manager and James F Corr, Chief of Police. 4 Upon motion duly made and seconded, it was voted unanimously to Sign the award of the Medal of Merit to Detective Sergeant George W Forten The Chairman presented Sergeant Forten with the James F Corr Medal for Valor and a $100 Savings Bond, and asked Mrs Forten to pin the medal on her husband. The Board congratulated Sergeant Forten and commended him for his outstanding performance in the line of duty The Chairman informed the Board that a letter has been received from the School Committee recommending a joint meeting with them to Meeting discuss problems as they see them and as the Board sees them. The Board agreed to meet with the School Committee on Tuesday, May II , at 7 30 p.m at the School Administration Building The Chairman said that we had received a request from Mrs Sally T Neale, 10 Ward Street, to purchase tax title lots 35 through 40 Earl Street The Board asked me to discuss this with Mr Zaleski and he has informed me that these lots are included in the Mea§herville Neale Tax study and would recommend against the sale We can write to Mrs Title Neale that we plan to hold these lots but if and when the Board changes its mind, we will be in touch with her Upon motion duly made and seconded, it was voted to deny the re- quest of Mrs Sally T Neale to purchase tax title lots 35 through 40 Earl Street Residents of Turning Mill Road met with the Board Mr Lee Whitman said that the group had met with state represent- atives and, tonight, they would confine the discussion to local matters in order to coordinate action to achieve effective results There are bills relating to the possibility of connecting through residential areas with a road, and they feel this area falls in the jurisdiction of the Selectmen There is the problem of protection of abutters' property, immediately The abutters are separated by a narrow strip of land from the Town of Burlington and people have raised questions as to what was within the province of the Selectmen to help Turning the people direct their efforts This is really a problem for the Mill three Towns, Bedford, Burlington and Lexington Is it possible for Road the Selectmen to work with their counterparts to see what can be worked out on better buffer strips and controls of developments and the possibility of acquiring a strip of land between the residents and the Town line for Conservation purposes? The land under the Edison easement connects with this and is just opposite Town-owned land on Turning Mill Road This is something the residents would be quite interested in for an Article for the coming June Town Meeting; the Planning Board has talked of that kind of thing The Chairman said I have told Mrs Cochin we have gotten into this in much greater detail and depth and we are willing to talk with the residents of the area; we are quite familiar with working towards this end Edison doesn't own that strip, Green and White owns it 488 We will have a meeting with Mr. Nordblom and Mr Moss tomorrow morn- ing to talk about a buffer strip not only in Lexington but to in- crease it to the Burlington side. We all agree we don't want access in that area and want to work with the developers to protect the residents There is a difference of opinion - you say the Planning Board wants the Article for Conservation purposes, my personal feeling is, this won't help tomorrow morning if they find we want to spend the money I would rather spend the money to protect the neighbors of Turning Mill Road, but we will only find this out after the meeting tomorrow morning It is my feeling if we don't come to terms pretty quick, we have enough time to go to the next Town Meet- ing We would jeopardize the terms if we say negotiate; we should work out terms We have talked with legislators beyond our repre- sentatives, we have talked with the leadership in the State House What to do beyond that at the stage this project is, I don't know Mr Whitman said we wanted to establish communications so people can understand what you are doing and what you have done The Chairman said we are very aware of the concern; we have been concerned for two years and asked the Planning Board to make same recommendations before it got to this point Mrs Anne M Vohl said she had a request to make in behalf of the abutters Today, we have contacted counsel and request the cour- tesy of postponing the talk until the time our counsel can be present We have numbers of proposals, eight possibilities, and more proposals than eight will come up It is a very technical and complex problem We would like to request that you postpone the meeting for tomorrow * Ill The Chairman said that unless the Board votes otherwise, I wouldn't like to have a third party involved in discussions, unless as an organization, you would like to present something on your own to purchase the buffer Mrs Vohl said that the interest of the homeowners may be a little more pressing than the Town The Chairman didn't agree; our main interest is to protect the abutters - that is our concern Dr Donald Taylor said that in terms of what you said about the strip, it comes under the purview of the Selectmen; the Other part is an internal part and there have been discussions by counsel re- tained by all to represent us; we have in mind purchasing a buffer strip. Mrs Vohl said we would like to be kept posted should we wish to make a cash offer over and above the strip in question. The Chairman said there is no question if we couldn't negotiate, the next best thing would be to make the offer What did you feel was an adequate buffer strip? Dr Taylor didn't know; we are having an appraisal made; it is narrow and then widens out The Chairman asked what do you feel would be adequate, I00 ft , 200 ft ? Dr Taylor replied, the entire parcel I don't think it has to be developed Burlington has enough land now and there is only virgin 4H9 forest i,n the whole area to be enjoyed by the whole area If you nego- tiate with Mr Moss, you better ask for the moon and might get a pebble. Mr Kenney asked them to give a little more accurate indication that you wouldn't want to see any developed, if you are looking for 100 ft or 200 ft , give some indication Dr Taylor replied, 100 ft or 150 ft buffer strip This land is zoned industrially and will be developed but we, as three commun- ities, should have a say as to how it was developed Mr Kenney said that you feel there are advantages to have meet- ings, we have considered this We wanted to talk with Edison and the owners of property Mrs Vohl said that we are supporting the outright purchase, ac- complished by the abutters; we feel we would need 200 ft behind our property line, some very small strip The Chairman asked what would be the feeling of you abutters to negotiate a 200 ft strip? Mrs Vohl replied, that would be very fine, with no access The Chairman said there was no question about that, we would fight it Mrs Vohl continued with the proposals; an outright donation from Lexington to Conservation and from Burlington to Conservation; we have wondered whether Burlington would protect and enforce the trust once it was acquired; the Audubon Society might be acceptable to Mr Moss, purchase of scenic or Conservation easement; donation of easement to Audubon Society; purchase by abutters of Moss' Leiington strip and easement; establishment of trust to be endowed by Lexington and Bur- lington for conservancy; possibility of persuading the Town of Lexing- ton to push legislation to buy Conservation land in Burlington It is important for our lawyer to be in on negotiations that take place The Chairman said to let us see how we make out Mr Irving Stiglitz, 23 Turning Mill Road, said that he was not a direct abutter but is in the neighborhood and would be concerned about the fixed number of feet for a buffer zone, if it were level and no trees, 200 ft would be small , if there is ledge and industrial park below, then 50 ft might suffice The Chairman said that before we agreed to anything we would look at the area and have a topographical map At the preliminary meeting tomorrow, we are going to ask for a strip and a substantial strip we have negotiated for Thomas Peterson, 12 Turning Mill Road, said he was not an abutter, he was 200 ft from the Burlington line It is important what he wants to build and it is equally important that you find out what will happen when he develops it all The Chairman said there is no question they can only build on 40 percent of their land We are going to try and get them to leave the bulk of that part of it on the Burlington line Mr Peterson said they can't possibly pave it all Dr Taylor asked in the event you fail to negotiate a strip of any size, what will you do? 490 The Chairman said we would put an Article in the Warrant to buy the strip We would meet with the other Selectmen to make them leave a strip They would rather not have us oppose them; if we take the position we won't fight their legislation, if we get some- thing agreeable to the Town Dr Taylor asked if the Board is prepared to go on record op- posing this? The Chairman replied, we are now on the record opposing it I told Mrs Cochin I don't think we could get the bill killed Mr Peterson asked why was the bill proposed? The Chairman replied, as I understand it, they don't need this legislation; the State DPW gave them permission. We understand your concern and before Mrs Cochin called, we were aware of it and were working for you; you have our assurance we will not let it die We meet tomorrow and want to get this accomplished before it comes out of the Committee We will keep Mrs Cochin informed and if we come to a road block we will let you know and your attorney We have spent a considerable amount of time on this and we recognize your concern Dr. Taylor asked if there was a personal objection to one mem- ber of the community being present at negotiations tomorrow The Chairman said that we should go the way we set it up. Dr Taylor asked about the possibility of eminent domain? The Chairman said there was plenty of time to put an Article in the Warrant and take it; we won't let that section go Mrs Vohls said that a number of people in the community have been in contact with State agencies, such as the Board of Health, on the hazard of water contamination, there is a definite traffic problem, MAPC is interested in getting involved in this type of problem, they were originally and have the expertise I would like to ask you to formally invite MAPC on a long range basis. The Chairman said there is no question but we will be in touch with MAPC, although they get into this, they have no funding and someone has to come up with the money to support them My feeling is, let' s work something out for Lexington. Mrs Vohl said that MAPC might have information which would have a direct bearing on this. Mr Goldstein, Turning Mill Road, said that the development of land has been going on for some time and members of the Board have been apprized of this and the abutters have only recently been in- formed of this and these are emergency techniques Isn't there some procedure by which the Board could inform us? The Chairman said I suppose we could take the time to notify the neighborhood, the newspaper reports our meetings and this is the media we look to. I don't know how we could set up a procedure to notify every neighborhood. Mr Colbourne, 38 Turning Mill Road, asked if each Town has the right to rezone without any effect on the abutter? The Chairman replied as I understand our authority, yes; each Town can rezone within its limits as it sees fit. 491 Mr Colbourne said that we feel very strongly about it; we were told it would not be rezoned Mr Kenney said he understood Senator MacKenzie is looking into the possibility whereby any town contiguous to another town would have to inform the abutters The Chairman said that the Board understands your feelings and rest assured we will stay right with it Mrs Cochin thanked the Board for meeting with the residents and they retired from the meeting Mr Greeley and Mr Graf of the Citizens' Advisory Committee met with the Board The Chairman said that we would ask you to schedule a meeting and elect a Chairman We are sorry that your other member, Mr Eisen- berg, was unable to be here this evening We have two streets, Chap- Citizens ter 90 street, - East Street, take a look at it and come back to the Advisory Board and come back to the Engineer with recommendations to go to the Committee - State DPW; the attitude toward the specifications is loosening up Street We have the Spring Street vote, meet with Mr MCSweeney so you can Construction get that resolved, and then we can meet with the abutters and come up with the final recommendations The problems because of the streets are going to be tremendous As far as we are concerned, we are sure you will do a good job Mr Greeley asked, do you anticipate there will be a list of pre- liminary streets presented for discussion? The Chairman said the Town will come up with a list in June and the list will be sent to you before the hearings Mr Greeley asked if the hearing on Spring Street will be in June? The Chairman replied, no, it will depend on what stage you are at; when you are ready, we will hold it Mr Greeley said that the Report of the Committee on Streets says that the Selectmen will decide on the list of streets and side- walks to be considered for reconstruction and set dates in June for preliminary hearings for all interested citizens. During the summer, Engineering will prepare preliminary plans The Chairman said if you are not ready, tell us When you are far enough along for us to have the hearings, let us know. There is a list of preliminary money for this year and when you are far enough along on the survey and design of Spring Street, let us know. Mr Greeley asked if the Planning Board is being asked for recommendations? The Chairman replied, no; we have not asked them at this point Mr. Greeley and Mr Graf accepted the charge for East Street and Spring Street and retired from the meeting The Chairman said that Mr Custance had informed him that there is a vacancy on the Standing Plumbing and Building By-Law Committee Appointment and he recommended the appointment of Harry Erickson to fill the un- expired term of Perry Lord to April 30', 1972 49 Upon motion duly made and seconded, it was voted to appoint C Harry Erickson, 2678 Massachusetts Avenue, a member of the Stand- ing Plumbing and Building By-Law Committee to fill an unexpired term to April 30, 1972 Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 30 p.m A true record, Attest Eecu� 27? t?2-e—c-ee...„,„--- lerk, Selectmen 1 I 493 SELECTMEN'S MEETING May 10, 1971 A regular meeting of the Board of Selectmen was held In the Bird Room, Cary Memorial Building, on Monday evening, May 10, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riff in were present; Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, six jurors were drawn as follows Murray Kaye 6 Abernathy Road Jurors Stephen I Owren 24 Spencer Street Richard J Block 345 Massachusetts Avenue Stephen Brookner 9 Marshall Road Richard L. Norton 22 Crescent Hill Avenue William J Messer 15 Barnes Place Mr O'Connell informed the Board that he has had two requests for III transfers from the Reserve Fund The Town Clerk requests a transfer of $1 ,300 to Account 1950, currently, this account has a balance of $865 from the appropriation of $3,575. The $1 ,300 requested is essen- tially the cost of the Referendum on Article 72 of the 1971 Annual Transfer Town Meeting This has been discussed with the Comptroller and he is Clerk agreeable if the Board wishes to vote to request the Appropriation Committee for a transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 1950 in the amount of $ 1 ,300 Mr O'Connell said that the other request for a transfer grows out of a situation in Town Meeting on Article 58 for the swimming pool at the Center Playground It was our intention to ask for $ 12,500 for Transfer design work and repairs to the pool but the language of the Article Center would not allow this; the appropriation was reduced to $2,500 until Pool bid. Only one bid was received on May 7, 1971 from Conti and Donahue, Inc., Lynn, Massachusetts, in the amount of $ 10,450, which is reason- able as our estimate was $ 10,000 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account 6000 in the amount of $ 10,000 Mr O'Connell reported to the Board that he had checked out what Interna- effect the International Flood Program would have on our homeowneres tional and this program is essentially designed to serve only communities for Flood Prog 494 a disaster type program, the complexities are considerable and I recom- mend that this would be of no benefit to our homeowners The Chairman informed the Board that a request has been received from the United Synagogue Youth of America for a Walk-a-thon, re- lating to the March for Hunger on May 16, starting in Newton, through Waltham and proceeding to Lexington, stopping off at Temple Emunah for lunch, and then walking along Waltham Street to Massachusetts Avenue to the Battle Green for a five minute rest The Chairman said it was his feeling if they want to stop for a Walk-a-Thon rest period, fine, but it should be at Lincoln Street or Parker Field. Mr Busa said if they come down Waltham Street to Worthen Road, they could rest somewhere in that area Mr Bailey suggested they go to the Green, continue on and rest at Parker Field The Chairman said we have no objection to them going right by the Green; the Green is not a rest area Mr Mazerall called me regarding the condition of the Green and we are going to have to look at it. I won't agree to using the Green for a rest area Mrs Riff in explained they are going to have lunch at Temple Emunah and then they would like to look at the Green and the monuments The Chairman said that we will write them that we have no objec- tion to them walking through Lexington but we will not allow them to rest on the Green, if they would like a rest area, the Town Manager will be glad to talk with them regarding another rest area Upon motion duly made and seconded, it was voted that the Board has no objection to the group walking through Lexington and permission is granted subject to the restrictions set forth by the Town Manager and the Chief of Police; permission is not granted to use the Lexington Green as a rest area The Chairman informed the Board that a petition and a letter have been received from the Camp Fire Girls requesting a bicycle lane on the westerly side of Massachusetts Avenue from Winthrop Road to the Arlington line. Bicycle The Chairman said there is no question in anybody' s mind of the Lane need for the protection of bicycles but we can't eliminate parking on Massachusetts Avenue regardless of what area it would cover. If they are looking for a bicycle trail , it shouldn't be Massachusetts Avenue We can refer it to the Traffic Committee but I wouldn't agree to elim- inating all parking Mr Bailey said he would like to hear the opinion of the Traffic Committee Upon motion duly made and seconded, it was voted to refer the re- quest of the Camp Fire Girls for a bicycle lane on Massachusetts Avenue to the Traffic Committee for a recommendation The Chairman read a letter from the Chairman of the Lexington Asso- LCSR-LAMCH ciation for Moderate Cost Housing stating that this Board had voted to dissolve the Association and requests the representative on LCSR be re- placed by one from the Lexington Interfaith Corporation; also, Mrs Bonnie Jones, LAMCH representative, hereby tenders her resignation. 95 1Upon motion duly made and seconded, it was voted to accept the resignation of Mrs Bonnie Jones as the representative of the Lexing- ton Association for Moderate Cost Housing on the Lexington Commission on Suburban Responsibility Upon motion duly made and seconded, it was voted to delete the representation of the Lexington Association for Moderate Cost Housing from the membership of the Lexington Commission on Suburban 'Responsi- bility Upon motion duly made and seconded, it was voted- to grant permis- fiort to the Mystic, Valley Gas Company to replace the, exi§ttng mein in Permit RaM4er Avenue with a 2-inch high pressure welded steel gas main Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of In- corporation Ephraim Weiss 462 Lowell Street Cert of Harold S Goldberg 10 Alcott Road Incorp. "Association of Technical Professionals, Inc." "A T P Education Fund Inc " Warren A Tucker 56 Baskin Road "The Massachusetts Business Task Force for School Management" Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of April 20 and May 3, 1971 Minutes The Chairman read a letter from Mrs Estelle M Rizzo, 15 Drew Avenue, requesting a bituminous concrete curbing be installed on Rizzo street radius at the intersection of Drew and Cliffe Avenues Request Upon motion duly made and seconded, it was voted to refer Mrs Curbing Rizzo' s request to the Town Engineer for a report Upon motion duly made and seconded, it was voted to inform the Lexington Arts and Crafts Society that the Board has no objection to Permit the Ceramic Guild holding a sale of pottery items on Saturday, May 22, Arts & 1971 , from 10.00 a.m to 4 00 p.m., on the lawn in front of the Arts Crafts and Crafts' building Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Margaret Luther, I D Card 30 Calvin Street The Board discussed the list of Articles to be inserted in the Warrant for the Special June 14 Town Meeting Articles Article No 1 Reports of Boards and Committees June Town The Chairman said that Articles 2 and 3 are for the Central Block Meeting It is my feeling it would be much easier for Town Meeting to vote this issue by taking the approach of having two articles and, unless 496 there is some problem, I would rather go this route, ( I) tb acquire all of the Central Block (2) to acquire part of the Central Block It will be the Board of Selectmen' s recommendation to buy all or part of the full site, but Town Meeting can amend the second one if they want to buy more than the Board recommends Mr Legro said that the Articles would be drawn this week Would the Board have any objection to the drafting of an Article to have something of a repeat of the 1964 Article and motion? We will have to be extremely careful that whatever action is taken on these two Articles doer-not, in any manner, affect the status of the Novem- ber 1964 Article 1 think we need to have something in the Warrant, and we may have to have something alike, that wou l d give us the0801' portunity to pick up where we left off in November, 1964 The Board agreed to add an Article for the authority for the Old Fire Station lot exhhange Article 5 - Harrington House Mr Kenney asked if there had been any indication to the Trustees as to what our offer would be? The Chairman replied, yes, I have had several conversations, which will be discussed in Executive Session We are not asking to support the project, just to insert the Article; regardless of the support, we should insert the Article The Board agreed to insert the Article Article 6 - Re-zone access for Housing Authority Article 7 - Authority to convey land to Arts and Crafts Society Article B - Bowman School Roof Mr Bailey asked if this is to appropriate the whole sum for re- pairs? The Chairman replied, yes Mr O'Connell said they will be asking for $100,000, I presume out of E & D Article 9 - Authority to use insurance money for the High School The Chairman said that we have received a letter from the School Committee and this is to use the insurance money to repair the fire damage at the High School Mr Legro asked if any information was available? The Chairman replied, no. Mr Legro said it raises a question of law which may be resolved in a week This has been hanging fire since March; there is a seri- ous question here Article 10 - Purchase of buffer strip at Burlington line The Chairman said we did meet with Mr Nordbiom and asked for two things, I consideration of immediate conveyance to the Town the fee in that strip 2 conditional agreement contingent upon 497 development of the area, a buffer strip conveyed to Burlington Conser- vation Committee Mr Nordblom felt he would consider an agreement contingent upon development of the area, as far as conveying the strip, he would have to think about it He called today and talked with Mr O'Connell and they are not inclined to convey the strip at this time It is my feeling, and Mr O'Connell concurs, that with their attitude an Article should go in to acquire this strip The Board agreed The Chairman discussed the Article for a language change in the Hunting Article 5 of the January Special Town Meeting, as recommended by the Attorney General Mr Legro said he was surprised at the Attorney General ' s lan- guage change; it is not the general rule for an Attorney General to frame the rules The Attorney General approved it as it was sub- mitted and made the comment that it might save some future diffi- culty to assist the Chief in exercising his discretion whether to approve a firing range The language may be worked out on it, but I don't think this does it The Chairman asked if he would have time to work out the language? Mr Legro said he will try to Mr O'Connell didn't think there was anything pressing about it The Board agreed to delete this Article from the list Mr. O'Connell said that he had talked with Mrs Morey today re- garding a meeting conducted by the State Bicentennial Commission involved in 1975 ceremonies One of the things this group urged each community to do is to have Town Meeting authorize the Board of Selectmen to appoint a commission They made reference to legisla- tion that made it possible Mr Legro said there is formal authority for a Town Celebrations Committee but it may not be broad enough Mr O'Connell said that Concord went to the Legislature to get special authorization I raise the question whether the Board wants to have an Article; there is a question whether between now and the Annual Meeting there would be a limited amount of money for planning purposes The Chairman said that Mrs Morey called him and her feeling is maybe a federal grant would be available if we had a commission set up. I would be hesitant to put an Article in until we know What we want to accomplish What is the Board' s feeling? We would have to know within the next two days Mr Kenney said we are in the process of appointing our own~Com- mittee and if we want to go into one of these things, we could go to the Annual Meeting The Chairman added, or if we had a Town Meeting before that The Board agreed not to have an Article The Chairman asked if any member of the Board had an Article to be considered The answer was in the negative 498 The Chairman said we have three citizens' Articles Article II - Amendment to the Town Manager Act that the appoint- ment of the Board of Assessors, Board of Appeals, Town Comptroller and Town Counsel be approved by Town Meeting or reviewed by a committee of Town Meeting Members The Clerk has certified 180 signatures Article 12 - Enlarge the Conservation Commission to 7 members. The Chairman said to Mr Legro, I didn't think we had to have an Article on this. Mr Legro said that the vote of Town Meeting established it for 5 members and it would take a vote of Town Meeting to increase it The Chairman said that the Town Clerk has not certified the signa- tures on this Article. Article 13 - Re-zoning of Bedford Street to RM, instead of RH The Chairman said that the Town Clerk has not certified the signa- tures on this Article. Upon motion duly made and seconded, it was voted to insert the following list of Articles in the Warrant for the Special June 14, 1971 Town Meeting Article I - Reports of Boards and Committees Article 2 - All of Central Block Board of Selectmen Warrant Article 3 - Part of Central Block Board of Selectmen Articles Article 4 - Authority for Old Fire Station lot exchange Board of Selectmen Article 5 - Harrington House Board of Selectmen Article 6 - Rezone access for Housing Authority Housing Authority Article 7 - Authority to convey land to Arts & Crafts Board of Selectmen Article 8 - Bowman School Roof S S.B C. Article 9 - Authority to use insurance money for H S School Committee Article 10 - Purchase buffer strip - Burlington line Board of Selectmen Article II - Amendment to Town Manager Act Citizens Article 12 - Enlarge Conservation Commission to 7 members Citizens Article 13 - Re-zoning of Bedford Street (Moore land) Citizens The abutters of Vine Brook Village Housing Authority met with the Board The Chairman said that as we promised at Town Meeting, this meeting is with the abutters to show you just what the Housing Authority had in mind and to get your comments I understand that the Housing Authority did have a meeting with the abutters and you did raise questions; they came back to us with a proposal that satisfied the objections brought forth at the time Mr Scanlon said that after our meeting, we discussed this with Arts & Crafts We have reduced the request for the amount of land to 4.2 acres We will have an Article in the Town Meeting to approve re- zoning of the Hastings property on Waltham Street, which will be our access to the site; we placed the property line back to Sherburne Road and relocated the parking it has been reduced about 1 .2 acres The Chairman said that he would explain the plan of the entire area to each abutter '199 Mr Richard T Zammitti , 3 Sherburne Road, was present and looked at the plan The Chairman asked him what is his position? Mr Zammitti replied that he was pretty well satisfied Attorney Alfred Tropeano, 25 Vine Brook Road, asked about the area that will not be needed The Chairman said we guaranteed that nothing will happen to this land until Town Meeting gives the authority, once we have the exact description, we will come back and void the authority to convey, but not at this Town Meeting Attorney Tropeano asked what the borings show? Mr Scanlon replied, sand; it is very buildable property Mr Tropeano asked about the water table Mr Scanlon replied that it varies; the development is in the highest elevation of that entire piece; basically, in the 205 foot area and it drops off to 204, 202 and down to 197 ft of the property level of Vine Brook Attorney Tropeano said they would still have a high water table Mr Scanlon said it may well be, but we are not putting in cellars Mr Tropeano asked if they would put in 2 ft of fill? Mr Scanlon said we are talking about 207 ft on the finished floor Vine Brook The Chairman said the finished floor will be 2 ft higher Housing Attorney Tropeano said they will still need it; it will change the entire subterranean The Chairman said the water level of Vine Brook is probably 5 or 6 ft below the level of that area Miss Joanne K Rudd, 17 Vine Brook Road, said she abuts the Arts and Crafts and Mr Tropeano' s property She asked if Arts and Crafts want more parking? The Chairman explained that Arts and Crafts would not use it for parking; they would agree to leave it in its natural state They have the flexibility of enlarging their facilities and they would not come anywhere near you Miss Rudd said she didn't want Arts and Crafts' parking to be any greater and didn't want them to come any closer to her The Chairman said that is why the restriction was put on What is your position? Miss Rudd replied, it is fine. Mr William C. Meehan, 82 Waltham Street, and Mrs Bede C Soder- strom, 194 Waltham Street, looked at the plan and the Chairman explained the area The Chairman asked if they had any questions? Mr Meehan and Mrs Soderstrom replied, no Mr Edwin M Kellogg, 200 Waltham Street, and Mr. Stephen N York, 178 Waltham Street, looked at the plan Mr Kellogg said he had heard that the trees would be cut down The Chairman said they have no authority to do this; it will stay in its natural state Mr Kellogg said there is standing water in my back yard 500 The Chairman said the water elevation is 203 feet Mr Kellogg asked is that below the street? The Chairman replied, yes Mr York asked if the area would be cleared out so that younger trees wi I I grow? Mr Scanlon replied there will not be any land clearing Mr York asked if everything around the extremity would be left as it is? Mr Scanlon replied, yes Mr Kellogg and Mr York had no further questions Mr Edward E Anderson, 47 Winthrop Road, asked this is 4 I acres out of what? The Chairman replied, 10 or II acres Mr Anderson said, I can hardly complain; there is little likeli- hood of the rest being used Mr and Mrs John W Drake, 39 Winthrop Road were present Mr Drake said we were pleased with the reduction in the area and would ask whether the Selectmen would plan for trees along the side; in the winter, we can see the traffic lights and if they could plant some cedar trees„ or I would suggest something left planted and not trimmed as a hedge I wonder, during construction, how all the construction equipment will go in? The Chairman replied that everything will come through the access Mr and Mrs Drake said they were pleased with the plan Mr and Mrs George W Sutton, 37 Winthrop Road, asked what is the grade line? The Chairman replied, 204 feet Mr Sutton asked is that what they are going to leave it at? The Chairman replied that the catch basin will be 203 ft so it has to be 204 feet Mr Sutton said that is close to what it is; maybe it is raised a foot or so The Chairman said it will drain into the brook Mr Sutton said we are concerned as far as run-off The Chairman said there is not going to be that much asphalt It may make it more of a sponge area than it is now; they cut down the paved area so the run-off would be less Mr and Mrs Sutton had no further question Mr and Mrs Percy Crowell , II Sherburne Road, said they were in- terested, primarily, in changes The Chairman explained the plan Mr Crowell asked about the parking dot The Chairman said that it will stay in its natural state We re- zoned the full parcel and we will go back to Town Meeting If the area is sparse in trees, we are asking them to reinforce them Mr Zehner of the Arts and Crafts Society had no questions The Chairman said that completes the list of abutters and we have recorded those present Are there any other questions? Mr Scanlon was asked if the apartments were shifted at all in the changing of the acreage? 501 Mr Scan ton said there was no relocation of building; the parking area was pulled in, that is not to say they might not be shifted I or 2 ft , but no major shifts The Architect said if we should find a sub-soil condition, we would want to make a 5, 7 or 10 ft shift How- ever, tests were made and they feel secure in the fact that it will be within a few feet The Chairman informed the abutters they are assured the Housing Authority will stay within this plan Mr York asked why they didn't put basements in Mr Scanlon replied that it was too expensive A gentleman said that at the Planning Board hearing it was said that the water level in Vine Brook may not be effected but we never had a definitive scientific answer The Chairman said that no matter who gives an answer, it is an opinion The last thing we want to do is to overload Vine Brook; this is why we are adamant on the number of pavements and the number of buildings that will go in here The Chairman thanked the abutters for coming and said the Board will discuss this and the project will be, basically, as proposed. He asked if anyone wished to go on record in opposition? No one replied The abutters retired from the meeting Representative Lincoln P Cole, Jr met with the Board He said that Mr O'Connell had called him in the Bicentennial Commission and he had looked for legislation on it and had found none; you have to have a special Act As he understood it, if you have a commission, they can accept money and monies can be carried over, if this is desirous on your part Mrs Morey called me and she thought it a good idea to have a commission If you decide to put an Article in the Warrant, and he had the legislation ready, he felt he could probably get it through; but you know the history of filing legislation The advantages of hay- Bicenten- ing a commission are financial nial The Chairman said we understand there would be a possibility of Committee getting funds but any funds forthcoming would not be from the State but from the federal government We said earlier that the money in the budget would be for the fiscal year of 1972 Mr Cole said that any additional committees appointed would be by the Town Manager, if you want to go the committee route, he didn't think you need legislation The Chairman asked if he thought there would be any money available? Mr Cole said there was less likelihood from the State; if they are going to create any funds, they must remember every town in the County would want to get in the act The Chairman asked the Board' s feeling? Mr Kenney said my feeling is we are in the process now and this committee could go forward to next March, for this Town Meeting, we would let that one ride It could be we would be much better informed by next March The Board agreed and Mr Cole retired from the meeting 502 Rev Handley, Director of Guides, met with the Board He said that since being appointed last August, he carried through with nine guides; actually, six were active We took care of a number of parties and took them on tours, even through snow and ice He had written to the Board two months ago that we needed greater cooperation between the Chamber of Commerce, Historical Society and the Guide Center. We have four guides from last year and four from this year have passed the guide examination Guides The Chairman said that each year we want to reappoint whatever guides you want to use If you would submit the list, with recommenda- tions, we will act on it before you come before us with the guides. Our main concern is in the Fall and we want to work until October 12, and have good coverage; we are getting closer to 1975 Have you had any pressure put on for salary? Rev Handley replied, no He said he would like to have the guides stationed at the Information Center The Chairman thanked Rev Handley for meeting with the Board Rev Handley agreed to submit the list of guides as soon as possi- ble Rev Handley retired from the meeting Mr William Scouter, 144 Simonds Road, was present at the meeting and asked the petition regarding a tree on Simonds Road was submitted to the Board and could there be a hearing? The Chairman said the Board does not have a hearing unless there is an appeal Mr Scouter said we had the distinct impression from the Town Tree Engineer that we would submit our case Simonds Rd The Chairman said he has not asked us A legal hearing would only be held as an appeal of the Tree Warden' s decision. The Chairman said that we will see where it is; maybe they de- cided not to take it down Mr Scouter thanked the Board and retired from the meeting The Chairman asked Mr McSweeney if he had lead the people on Simonds Road to believe there would be a tree hearing on that tree? Mr McSweeney replied, yes; we evaluated the sugar maples and have come down to only one tree in question We just haven't pre- pared a statement, but had said we would personally notify everyone at the hearing when the hearing would be held by the Selectmen The Chairman said that when they hold the meeting and the Tree Warden decides the tree comes down, tell the people to get the petition in within 24 hours Mr McSweeney agreed to do so. The Chairman informed the Board that a report has been received Guide Rail from the Traffic Committee regarding the request from the parents of Franklin the Franklin School area for a guard rail along Waltham Street be- School tween Allen Street and Brookside Avenue The Committee feels that such installation is not warranted or necessary and it could be a precedent leading to the erection of guard rails along all the major 503 streets, some of which do not have all the design features of Waltham Street, such as an adequate grass plot Once the school is con- structed, the children will again be allowed to use the pedestrian ways and Brookside Avenue for access to the Franklin School Use of Waltham Street to Allen Street is only temporary and would be dis- continued upon completion of the school and, likely, sooner than the process of appropriating funds, awarding the contract and installing the guard rail , even if it were found desirable to do so The Chairman said that the Town Engineer said it would cost $20,000 and he was to ask the School Department about a walkway. Mr McSweeney said that with a policewoman at Bridge Street, I can't see what the problem is. The Chairman said they are afraid that cars can come up over the sidewalk and children cutting through backyards could run out into the street and be killed Mr McSweeney didn't see how you can warrant installing a guard rail The Chairman said that we have only a few more weeks of school but I would go back to the School Department for a walkway Mr O'Connell said that he had gone over there two or three mornings and he couldn't see any problems with the path the children were using but the most practical safety measure would be to avoid having truck traffic into the site There is a combination of this traffic and normal traffic when the children are walking to school Ask them to make sure there is no significant amount of trucks com- ing in when the children are coming to school ; it it only a matter of 15 minutes Upon motion duly made and seconded, it was voted to go into Exec- utive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secu- Executive rity, the financial interests of the Town or the reputation of a person Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Board discussed an appointment to the Conservation Commission Upon motion duly made and seconded, it was voted to approve the Conserva- recommendation of the Town Manager to appoint Mrs Margaret Rawls a tion Appt member of the Conservation Commission for a three year term expiring April 30, 1974 Upon motion duly made and seconded, it was voted to adjourn at 10 35 p .m. A true record, Attest 3AA Zz/e_ez„.,„ 7;7- "?le-- -‘c-I-A.Z7 Executive Clerk, Selectmen 504 SELECTMEN'S MEETING May 17, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, May 17, 1971 , at 7 30 p.m Chairman Cataldo, Mr Kenney, Mr Busa and Mrs Riff in; Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present The following committees met with the Board Capital Expendi- tures Committee, Appropriation Committee, Recreation Committee, Planning Board and Conservation Commission The Chairman We are meeting tonight to discuss the school site on the land owned by Green and White on Woburn Street As you know, Mr O'Connell and I have been talking with Green and White regarding Woburn St the school site There was a joint meeting held with all the af- School fected Boards to show the concept of the school site we wanted to Site take. As a result of that meeting, we met with Green and White about the parcel we talked about; since that meeting, they have come back with a slightly different version of what we considered, but still talking approximately 30 acres; it is basically the same parcel, ex- cept in one corner The Chairman explained the different concepts to each committee, separately After much discussioh, it was concluded that a set of plans would be given to the Planning Board, Conservation Commission and Recreation Committee for their comments, to be returned by next Monday evening Capital Expenditures Committee had no objection to either plan. The Appropriation Committee questioned the approach to the negotiations and said we consider taking the parcel as the owners requested without some financial consideration Some citizens were present to look at the plans but voiced no opinions The School Committee was not represented as Dr Fobert talked with the Chairman and the School Committee felt either plan would satisfy their needs The Committees retired from the meeting. Mr Legro requested the Board to sign the contract awarded to Sidewalk A R. Belli , Inc for the construction of sidewalks, in the amount of Contracts $63,485. Upon motion duly made and seconded, it was voted to sign the contract awarded to A R Belli , Inc for the construction of side- walks, in the amount of $63,485 Pumping Mr Legro requested the Board to sign the contract awarded to Station B Snyder and Company, Inc for the proposed renovation and altera- Contract tions to the Brook Street Sewage Pumping Station in the amount of $182,569 505 Upon motion duly made and seconded, it was voted to sign the con- tract awarded to B Snyder and Company, Inc for the proposed renova- tion and alterations to the Brook Street Sewage Pumping Station, in the amount of $ 182,569 Mr O'Connell informed the Board that the Department of Public Works has gone forward with plans to print up vehicle stickers and recommended that these stickers be issued for a $1 00 permit fee in order to maintain better control at the sanitary landfill We think Dump it will produce $10,000 to $ 15,000 in revenue this year Stickers Upon motion duly made and seconded, it was voted that permits will be issued for the use of the sanitary landfill at a charge of $1 00 per year for the period beginning July I and expiring on June 30. Mr O'Connell The Department of Public Works recommends trying a plan which would involve not having the dump operate on Sundays ex- cept for Spring and Fall cleanup periods. This is the only Town in the area that operates on Sunday; therefore, we suspect that a sizeable share of Sunday traffic is transient; out-of-town customers We have a problem with personnel when operating on Sundays as they never get a weekend off and we would like to try and see if we could make it Dump work Sunday The Chairman We did this once before and there was a 4 to I vote Closing of the Board to open it Mr Kenney I think it would be a mistake to close on Sundays as too many people look forward to going there on Sunday Mr Buse moved and Mrs Riffin seconded his motion for a trial period during July and August Mr Kenney I feel very strongly about closing the dump, even if we have to pay overtime The Chairman asked Mr Busa if he would amend his motion to one month? Upon motion duly made and seconded, it was voted to close the sani- tary landfill on Sundays during the month of July; if successful , to extend the program for the month of August. Mr Kenney was recorded in opposition. Mr O'Connell informed the Board that he received a letter from Mrs John Steiner, 22 Estabrook Road, and a petition from parents of children at the Maria Hastings School regarding the traffic situation Traffic at School Street and Massachusetts Avenue Mrs Steiner requests that School St the speed limit on School Street be reduced from 30 m.p.h to 20 m.p h and Mass to erect two signs, school zone and playground warning; paint cross- Avenue walks on Eastern Avenue, Stimson Avenue and Grandview Avenue across to School Street The petition requests a school crossing guard on School Street opposite the Methodist Church parking lot, and a side- walk on the eastern side of School Street from Stimson Avenue to Eastern Avenue. Upon motion duly made and seconded, it was voted to refer the re- quests to the Traffic Committee for a recommendation 506 Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public secu- rity, the financial interests of the Town or the reputation of a person. After discussion of matters of personnel anf financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting The Chairman The Town Engineer requests the Board to sign the WPC Project Engineering Services Contract with Whitman and Howard, Inc for the Engineering second phase of the W.P C project for the relief sewer and pumping Services station work, in the amount of $43,700 Contract Upon motion duly made and seconded, It was voted to sign the Engineering Services Contract with Whitman and Howard, Inc for the second phase of the W P C project in the amount of $43,700 The Chairman read a request from the Community Nursery School, Inc 2325 Massachusetts Avenue, to keep its free-standing sign in the present location on Town property Sign The Chairman Asked Mr Legro if we have the authority to grant Community this on a right-of-way on a grass strip? Nursery Mr Legro I would think you would have a right to issue a temporary permit The Board agreed to write to the Community Nursery School to contact the Town Engineer to discuss any problems on the location of the sign The Chairman read a report from the Planning Board regarding a request from Lawrence M Butler, 9 Bruce Road, to purchase tax title Tax Title lot 48 Hillside Avenue, stating that the Planning Board sees no ob- 48 Hillside jection to the sale provided the lot is sold on the condition that Avenue it will be consolidated with the adjacent lot owned by Mr Butler and not used as a separate building lot The Chairman The map of the area shows two abutters to our lot, Mr Butler and Mr Shanahan We should contact both abutters and if they are interested let them bid on it Upon motion duly made and seconded, it was voted to sell tax title lot 48 Hillside Avenue, subject to both abutters being notified, and to advertise for bids The Chairman informed the Board that he had talked with Mr Zaleski regarding lot 44 Valleyfield Street and a letter has been re- Tax Title ceived that the Planning Board recommends that this lot not be sold Masciulli because of the possibility of its use for scattered site subsidized 44 Valley- housing; but, if the Selectmen wish to sell lot 42 or lot 44, which field St are on either side of Mr Masciulli , either of these lots could be combined with lot 43 but should not be sold as separate building lots It would be my feeling to combine if we could, to reduce the number of houses in the area 1 507 Mr Buse moved to recommend that the lots be sold The Board agreed that the Chairman is to talk with Mr Masciulii again before a decision is made. The Chairman read a letter from the Cary Memorial Library Trust- ees regarding the bus stop at the Library This location is causing serious problems and inconvenience to patrons as some persons use the lobby as a waiting area and the bus drivers are impatient with anyone Bus Stop attempting to use the area for live parking or quick return of books Library Mrs Riffin It has been suggested putting the bus stop near the Douglas driveway Mr Kenney The bus company ought to be approached to see if they really want to do away with the bus stop Upon motion duly made and seconded, it was voted to refer the Library request to the Traffic Committee for a recommendation Upon motion duly made and seconded, it was voted to sign the Sewer Order Order for Construction of Sewer on Spring Street, at Lexington-Waltham Ginn & Co line, a distance of 48 feet, more or less, at Ginn and Company Upon motion duly made and seconded, it was voted to certify the character of Laura Stein, 9 Kendall Road, who has applied for Certifi- Cert of cate of Incorporation, "Community Theatre of Bedford, Inc " Incorp Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following Liquor I D Judith E Asetta 964 Mass Ave John L Tolleson 2 Scotland Rd The Chairman Rev Handley, Director of Guides, has submitted for our approval a list of guides for the coming season Upon motion duly made and seconded, it was voted to approve the list of guides for the coming season, subject to the approval of the Chief of Police Guides Re-appointments Marianne Harvell 131 Burlington Street David A Lavender, Jr 20 Avon Street Alice Pfaff 6 Rowland Avenue David Cantor 21 Eastern Avenue New Appointments Mark Nichipor 9 Fair land Street David W Titus 80 East Street Ken Winnard 16 Loring Road Christopher Purdy 268 Lowell Street Kenneth Wissoker 7 Carley Road David Kornetsky 7 Rumford Road 50S The Chairman informed the Board that he had attended a meeting on Turning Mill Road with some of the neighbors and one member of the Bedford Board of Selectmen and four members of the Burlington Board of Selectmen Afterwards, the Chairman had talked with the GoVernor' s office and the Governor was looking for direction; it was the Gover- nor's position if we so voted to oppose the bill and asked him to veto it, he would give that very strong consideration The Chairman said it is my recommendation to take the position with the Governor to veto it on the basis that we are not against Burlington developing their land but a master plan should bedrawn and submitted, taking into consideration access, traffic, drainage and all other pertinent factors As the bill is presented now, none of these questions have been answered House Bill Mr Kenney I understand they can build without the passage of #3344 this bill Burlington- The Chairman Yes, they can with DPW approval , but I think the Lexington DPW would think twice before giving approval if this bill were defeated Mr O'Connell Bedford raised a question on their watershed The Chairman Bedford had the attitude that they can't come through into Page Road, Bedford, but they are on record as supporting Lexington' s position Upon motion duly made and seconded, it was voted to inform the Chairman of the House Ways and Means Committee and Governor Sargent of the Board' s opposition to House Bill No 3344 Mr McSweeney discussed sewer construction by private contractors He said that as you know, we extend a sewer by an order of construc- tion but we must have the authority and financing under our sewer Policy article, and this cost is generally in the vicinity of $30 per foot Sewering by We have a typical request and the gentleman is willing to pay a sewer Private charge in lieu of betterments and is also willing to extend the sewer Contractors at his own cost Mr O'Connell The issue is that these fellows not only want to pay betterments but are willing to pay to extend the sewer under our supervision After discussion, the Board agreed to take the position that the Town Engineer was authorized to approve sewer extensions to private contractors on an individual basis. When considering the entire cost of the project, the amount of sewer charge in lieu of betterments would be determined on an individual basis If the contractor ob- jects to this approach, to come to the Board Jury List The Board agreed to send out the jury questionnaires to the residents on the submitted list of jurors Jurors At the request of the Town Clerk, two jurors were drawn as follows Barker/ Amiralian 353 Woburn Street - Harold W Cornish 104 Spring St Upon motion duly made and seconded, it was voted to adjourn at II 06 p.m A true record, Attest Executive C l erk , Se l ictmen SELECTMEN'S MEETING May 24, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, May 24, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riffin; Mr Legro, Town Counsel ; Mr O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present Hearing was declared open upon petition of the New England Tele- phone Company to tay and maintain underground conduit on Massachusetts Avenue to Winthrop Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr. Dunn, representing the Telephone Company, was present and said that this petition is for extra lines in this area and will be picked up from the existing manhole at Woburn Street, westerly There have been demands from people for second and third telephones and some for burglar alarms We will dig and resurface the area properly Mr McSweeney The road must be resurfaced properly and condi- Conduit tions will be set forth at the time the Telephone Company applies Mass Ave for a street opening permit Winthrop No one appearing in favor or in opposition, the Chairman de- Road Glared the hearing dlosed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following conduit location, subject to conditions set forth by the Superin- tendent of Public Works at the time the Telephone Company obtains a street opening permit Massachusetts Avenue From existing manhole 54/6 at Woburn Street, westerly, approximately 30` feet of underground conduit Winthrop Road Westerly, from Massachusetts Avenue approxi- mately 210 feet of underground conduit Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachusetts Avenue to Hunt Road Conduit Notices of the hearing were mailed to the petitioner and owners Mass Ave of the property as listed on the petitioner' s plan, and also filed Hunt Road with the Town Engineer Mr Dunn said that this petition is for the same reasons as the previous petition 510 Mr McSweeney The same conditions would apply No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following conduit location, subject to conditions set forth by the Superintendent of Public Works at the time the Telephone Company obtains a street open- ing permit Massachusetts Avenue From existing manhole 54/68, southeasterly approximately 95 feet of underground con- duit Hunt Road From Massachusetts Avenue southwesterly approximately 175 feet of underground conduit Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachusetts Avenue to Slocum Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn This petition is for the same reasons as the previous petition Mr McSweeney The same conditions would apply No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following conduit location, subject to conditions set forth by the Superinten- Conduit - dent of public Works at the time the Telephone Company obtains a Mass Ave street opening permit Slocum Rd Massachusetts Avenue Westerly side, near Slocum Road, from existing manhole 54/7A, southeasterly approximately 20 feet of underground conduit Slocum Road Massachusetts Avenue, southerly, then southwest- erly, approximately 140 feet of underground con- duit to pole 91/2 Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachu- setts Avenue at Bloomfield Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn This petition is for the same reasons as the previ- ous petition Mr McSweeney The same conditions would apply 511 No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following conduit location, subject to conditions set forth by the Superinten- Conduit dent of Public Works at the time the Telephone Company obtains a Bloomfield street opening permit Road Bloomfield Road From existing manhole 54/9 at Massachusetts Avenue, westerly approximately 108 feet of underground conduit Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachu- setts Avenue at Percy Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn This petition is for the same reasons as the previ- ous petition Mr Buse An abutter, Frances M Broussard, 1358 Massachusetts Avenue, would like it to be put back in its existing state Mr Dunn He would see that extreme caution is used and the area would be properly finished No one appearing in favor or in opposition, the Chairman de- Conduit Glared the hearing closed Mass Ave Upon motion duly made and seconded, it was voted to grant per- Percy Rd mission to the New England Telephone Company for the following conduit location, subject to conditions set forth by the Superinten,- dent uperintendent of Public Works at the time the Telephone Company obtains a street opening permit Massachusetts Avenue From existing manhole 54/ 12 at Percy Road, northerly, approximately 305 feet of underground conduit Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachu- setts Avenue to Percy Road and Tavern Lane Conduit Notices of the hearing were mailed to the petitioner and owners Mass Ave of the property as listed on the petitioner' s plan, and also filed Percy Rd with the Town Engineer Tavern Lane Mr Dunn This petition is for the same reasons as the previ- ous petitions; we will come around the corner of Massachusetts Avenue and go in back of the Munroe Tavern Mr. G. Warren Butters, President of the Historical Society We are proponents and regarding access to the Tavern, we would like it opened and closed as quickly as possible. Mr Dunn We will use extreme caution and we won't block a street 512 Mr Charles Warden, 12 Tavern Lane I am a recent resident of the Town and, as this is a dirt road, what will the covering be? Will it be concrete? Mr Dunn It will be put back the same, it will not be paved No one, other than the Historical Society, appearing in favor and no one appearing in opposition, the Chairman declared the hear- ing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following conduit location, subject to the conditions set forth by the Super- intendent of Public Works at the time the Telephone Company obtains a street opening permit Percy Road From Massachusetts Avenue, southerly, approximately 70 feet of underground conduit From pole 78/I westerly, approximately 100 feet of underground conduit Tavern Lane From Percy Road, southeasterly approximately 366 feet of underground conduit Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Massachusetts Avenue to Percy Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn This is at the request of Lieutenant Cupp of the Conduit Fire Department for a fire alarm and there will be one additional Mass Ave duct for the Telephone Company. The Chairman You recognize that the position of the Histori- cal Society is the same as the previous petition Mr McSweeney; You might want to contact them because of the hedges that are along there now; it will be all hand-digging in there The Chairman The conditions will be on the permit No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the Telephone Company for the following conduit location, subject to the conditions set forth by the Superintendent of Public Works at the time the Telephone Company obtains a street opening permit Massachusetts Avenue From existing manhole 54/ 12 at Percy Road southeasterly approximately 452 feet of underground conduit 51 3 Mr Zehner, Town Treasurer, met with the Board Mr Zehner To meet the payroll on Friday and to carry me through June 25, I solicitedmillionThe and received bidsto borrow $1 market has softened and we received a rate equal to and below A and AAA Towns borrow. Treasurer Upon motion duly made and seconded, it was voted to award the contract to borrow $1,000,000 in anticipation of tax revenue on a loan dated May 28, 1971 and due November 4, 1971 , as follows Lexington Trust Company $500,000 3 05% discounted State Street Bank and Trust $300,000 3 08% discounted Harvard Trust Company $200,000 3.08% discounted Rev Harold Handley, Director of Guides, met with the Board, to request the appointment of nine guides for the coming season Upon motion duly made and seconded, it was voted to appoint the following as guides of the Town for a term expiring April I , 1972: Guides Marianne Harvell - reappointment Ken Winnard David A Lavender, Jr " Christopher Purdy Alice Pfaff TI Kenneth Wissoker Mark Nichipor David Kornetsky David Titus The Chairman welcomed each guide and presented him with his guide 'licen<se and badge He said that the Board has appointed them at the recommendation of Rev Handley and he feels you will represent Lexington well ; he expects you to You are the first contact a visi- tor has with Lexington and we stress the importance of your job and impress upon you to be polite and courteous If we find this is not the case, you will hear from Rev Handley and us Rev Handley and the Guides retired from the meeting Mr Marvin Gross of the Vietnam Veterans Against the War met with the Board The Chairman The Board has received a letter, signed by Mr. Gross, that the Vietnam Veterans Against the War-New England Region, will be holding a symbolic march covering in reverse the route Vietnam travelled by Paul Revere on April 18, 1775, entitled Operation Veterans P 0 W Its purpose is to further spread the anti-war message of Against these returnees from Vietnam to the citizens of New England and the the War entire nation Along the way, we will be talking to townspeople, leaf letting and staging guerilla theatre as part of our general in- formational effort On Friday evening, May 28, we will be gather- ing at the North Bridge area in Minuteman National Park far an overnight encampment On Saturday, we will march from Concord to Lexington via Route 2A On Sunday, we will continue from Lexington to Bunker Hill where we will bivouac for the night and on Monday, we will continue on to the Boston Common for an alternative Memorial U 514 Day celebration of life We expect 250-350 Vietnam veterans, includ- ing some 50 disabled veterans to participate in this weekend activity For the purpose of overnight camping area on Saturday, May 29, we hereby request permission to bivouac at either Lexington Battle Green or Tower Park We have made provision to provide our own sanitation and medical facilities Food will be provided for us by local citizens at each meal stop along our route We are also re- questing permission to march through Lexington via Route 2A and Massachusetts Avenue We will march single file on the side of the street and will not block traffic flow Mr Gross I would like to add we have received the coopera- tion of Lincoln authorities and the Minute Man National Park gave permission to encamp on May 28. This is, as you know, this coming weekend and we expect 250 to 400 veterans from Boston and New England, today, I understand there is a contingent of disabled veterans coming from the Veterans Hospital We have made every ef- fort to undertake preparations so the authorities would cooperate with us We plan to conduct ourselves in a decent way and I come to you confident that it will be in the fashion 1 have stated Supplies will be available This activity is the first, perhaps the foremost of its kind and the Vietnam veterans will be attempting to draw what occurred in 1775 and some of the feeling of the Vietnam veterans We hope that with our information efforts the citizens of the Concord and Boston area will know how the members of our organii- zation have come to feel ; it is our message It will be another activity in a number of activities we have staged thus far of what the Vietnam veterans have seen and how they feel about the Vietnam affair The Chairman You say as part of your general informational effort? Mr Gross By guerilla theatre, they have brought home to them, in a dramatic fashion, what it means to be a victim of search and destroy, to be overrun and seized by American G 1 ' s, and an attempt to show to citizens what goes on as a daily activity in Vietnam The players will be Vietnam veterans against the war and we will take strict precautions not to have the public in our dra- matic function After the theatre, people will pass out leaflets The Chairman Where will this take place? Mr Gross We hope it would take place in Lexington Center The Chairman You say along the way; evidently you mean in a specific, planned area Mr Gross It is not spontaneous, we survey the area and make plans for our suspects and we know they will be located in a speci- fic area; we know ahead of time where they will be The Chairman You don't say where Mr Gross In Lexington Center The Chairman On the Green? Will you show the people what the Viet Cong do to our boys Mr Gross It is difficult to show Americans what the Viet Cong will do; people say what the Viet Cong do is a Vietnamese problem and what Americans do is an American problem 515 The Chairman Who will take the responsibility of this operation? Mr Gross There are 400 coordinators in the area working in Boston and Cambridge and they will be on the scene at all times. I am the staff organizer The Chairman Is the organization willing to put up a bond to cover the cost of this and take the responsibility of damage along the way? Mr Gross Not willing to take the responsibility against dam- age? On April 19, there was no damage to any property in the camping area; we know what it is to camp out and don't expect any damage to any area, to persons or property The Chairman So your answer to my question is no. Mr Gross We never had cause to have any damage Asking for a bond in advance, the request hasn't come before The Chairman Sanitation facilities? Mr Gross We rent Portasan facilities, they are portable to take from one camp to the next; we have a team of Doctors and nurses and a medical van and they will be on the march and camp at all times The Chairman Would you march on the street or the sidewalk? Mr Gross On the street and single file The Chairman Are you willing to underwrite the cost of pro- tection by the police? Mr Gross We would have to know what it is, Concord had a $20 minimum per day and we would be willing to undertake the same sort of arrangement The Chairman We would be thinking of hours; the question is are you willing to pay? Mr Gross Yes, we are wilting to pay but don't know what the terms will be; we are willing to pay for this sort of protection. Mr Kenney What time of day, during business hours? Mr Gross Saturday afternoon Mr Kenney How are the Viet Cong dressed? Mr Gross In civilian clothes and arm bands The Chairman What happens, what do you do? Mr Gross At the Government Center setup we were there early at 8 00 a.m. and a number of our people, suspects, staged it at the doorway exit from the subway They were standing there and it was not difficult to become part of the crowd and troops in combat fati- gue would approach these people to seize them, interrogate them and drag them to an area and tie them up the way Americans would or shoot them on the spot This is an attempt to bring to the American populace an eyewitness experience in the normal course of events Mr Kenney What will it do to the traffic in the Center? Mr Gross It would happen on the sidewalk, not on the street; our own people would be pulled away from the other crowd in such a way that it would not involve other spectators Our purpose is not to interrogate the people of Lexington. Mr Kenney Do you think you would have more adequate control by doing it on a field? If someone came out of a store, it could startle them and they could be beaten up; I understand it did happen to people coming out of the subway How would you prevent this happening? 516 Mr Gross You realize the theatre is not to let the onlookers go home with pleasure; the purpose is to shock people As far as the affect in a negative way to onlookers, we have our people there to explain it to them on the spot that people are not being killed Mr Kenney Your purpose of realistic theatre is well and good; our purpose is for public safety. Mr Gross We haven't disturbed public safety in the past and don't think it will be disturbed in Lexington. The Chairman What is your position with this organization? Mr Gross Staff organizer The Chairman Are you a veteran? Mr Gross No The Chairman Are you a paid employee? Mr Gross Correct, yes The Chairman What about the officers? Is this a listed organi- zation with the Secretary of State? Mr Gross The organization is incorporated with headquarters in New York; in the local Chapter we have Arthur Johnson, staff or- ganizer, a veteran and paid employee The Chairman How are you raising money to operate? Mr Gross From interested citizens who feel motivated The Chairman What is the primary function? Mr Gross The Vietnam Veterans Against the War come together united by their Vietnam experience to show what is wrong; there are 15,000 across the nation; in Boston, we have 500 or 600 people who have volunteered The Chairman They are not members? Mr Gross They do not want to pay dues Mr Busa Is there anything being done on the good that is done by our veterans in Vietnam? You are showing your opposition of everything bad but I am sure there are quite a few good things that could be shown for consideration Mr Gross Our organization is not so much showing what is good or bad but what is good for people to know The Chairman Why isn't Arthur Johnson here? Mr Gross He is at another function The Chairman I would be vehemently opposed as I would hate to see an old man come out of a shop and drop as a result of shock. In Lexington Center, automobiles would stop and create complete chaos. If this is like I saw one night on television on the entrance to the subway, I am opposed; the police were not completely happy with what they saw I would hope the Board wouldn't allow this in the Center where there are a great number of people Mr Bailey They have asked for permission to march; permis- sion to leaflet as they march; permission to perform guerilla thea- tre; permission I assume, for talking to townspeople, I assume they will be making speeches; permission to bivouac I look at this as a request whether it is from the Girl Scouts, Boy Scouts, Sons of Italy, etc or from this organization In my opinion, I would grant 1 517 permission to march and allow them to leaflet, but I would not grant them permission for guerilla theatre or tb bivouac It has nothing to do with the organization, it is strictly treating them all the same Mr Gross As far as talking to townspeople, we are not inter- ested in formal conversation in a formalized manner The others are correct Mr Kenney Would you bring your own food? Mr Gross No; food will be brought to us at every stop Mr O'Connell On the sanitary facilities, do they meet the standards of the State Department of Public Health? Mr Gross I don't know; Minuteman National Park has two toilets; we are providing six Mr O'Connell We are familiar with that facility, Portasan, and it doesn't meet the standards I raise a. question about the leaflets passed out, who is responsible for cleaning up? Mr Gross At the Government Center, they passed out 3,000 and there were none on the ground Mr O'Connell I talked with Mr Forgione and there was exten- sive litter on April 14 and I understand the Boston officials had considerable concern after that demonstration The Chairman We will take this under advisement and inform you of our decision Mr Gross retired from the meeting Mr Ed Moore - a member of the audience; I would like to comment I am very much in favor of allowing the Vietnam veterans to use our facilities, the park and public facilities I think it is a grand thing they are doing and the Vietnam veterans have demonstrated better than anybody in an adult manner and the presence of how terrible hand- to hand combat will be and I hope the Board approves I would like to see the ground in Lexington help restore the world It was years ago and I hope the ground of Lexington is used for that purpose Margaret Mafello 1 have the same sentiments as these If not given Tower Park, to camp on private property The Chairman We would have no jurisdiction over private prop- erty Later on in the meeting, the Board had further discussion The Chairman If they went on private property, they would have to get permission from the owners The Board agreed to let them march, to leaflet but not harass people to take them or use objectionable language if they refuse to take them, this decision would be policed Also, to deny the guer- illa theatre or to bivouac Upon motion duly made and seconded, it was unanimously voted that permission be granted to the Vietnam Veterans Against the War to march sirgle file using the sidewalks on May 29 and May 30, 1971 , and to grznt permission to leaflet, subject to the condition of no harassment of citizens to accept them, and no littering To deny the request to corduct guerilla theatre or to bivouac 518 Mr O'Connell read a request from Mrs Claud Kellett, II Ross Road, to use the Lexington Common or the Athletic Field on Worthen Road for a musical presentation by Mike Johnson, a former member of the Rolling Stones, on May 27, who claims to be converted from drug abuse. In talking with Mrs Kellett, I suggested the Lincoln Street recreational area as a better place to meet as she said there would be an estimated 100 - 150 high school students attend- ing It would be in the afternoon for one hour at 3 00 p.m Permit The Chairman What would they need? Mr O'Connell Apparently he operates from the tailgate of a station wagon The Chairman In the interests of that many children, shouldn't there be general protection? Mr O'Connell Police attendance would be highly desirable. Mrs Kellett feels the size is getting beyond what she can handle. Upon motion duly made and seconded, to was voted to grant per- mission to Mrs Kellett for the use of the Lincoln Street recrea- tional area for a musical presentation by Mike Johnson on May 27, 1971 at 3 00 p.m to 4 00 p.m , subject to the rules set forth by the Town Manager and the Chief of Police Mr O'Connell The League of Women Voters is interested in the problem of recycling of waste products, particularly cans, and they are undertaking a 2-day experimental trial to see if the community wants it The school children are running a 2-day collection pro- gram at the school to see whether it is feasible to do it Mr Recycling McSweeney and I talked with Mrs Strong and the Department of Public Works will provide a truck It is their intent, if successful, to get Mr Miller to place 30-odd collection containers at the dump and Mr Miller would take them to the recycling center in Newton LWV would take care of transportation costs of Mr Miller The only thing the Town can do is provide space at the dump as the Town can't get involved We are pleased with the LWV' s interest in attempting to find out whether it can be done feasibly Mr O'Connell informed the Board that he had received a letter from Mr Barber of the First Communications Company regarding cable Cable communications and they are willing to make TV channels available T V for use by the school system at a fee of a dollar per year They would like some information on when Lexington is likely to consider and make a decision on cable operations Mr Barber came in to see me and I told him I was not optimistic that the Board would do anything at this time but would prefer to see what is done in regard to Cable TV regulations The Chairman Is this still the feeling of the Board? The Board agreed that no action would be taken as there are vari- ous proposals under study by the State Legislature for licensing and adet policing of Cable Television. I'm' �)I9 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on maters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a Executive person Session After discussion of matters of public security and financial in-erect to the Town, it was voted to go out of Executive Session and rewme the open meeting Mr Legro requested the Board to discuss the award of damages for thio orders of taking for sewer and construction easements for the Hamilton Road relief sewer After discussion, it was voted to make the following awards of da,nages Dawid & Krana Rosen Lot 6 Hathaway Rd No damages Oak Park Corp Lots 5 & 6 Brookwood Rd No damages Frederics S & Susan S Cohen Lot 12, Saddle Club Rd No damages Charles K Chiklis Lot 9, Oak Park Circle $200 Peer F & Patricia M Marciano Lot II , Saddle Club Rd No damages Ronald M Byrne Lot 48, Todd Rd No damages Carl J & Beatrice Dasabian Lot 49, Todd Rd No damages Janes J Burton, Sr and Elizabeth M Burton Lot E, Colony Rd $400 Allen H & Nancy D Greenleaf Lot 3, Colony Rd No damages Laurent A & Dorothy' P Gauthier Lot 4, Colony Rd No damages Allan V. Beverly A Meade 29 Colony Rd No damages William L & Lillian M Jackman Lots 8-22-Parcels B & 7 No damages Vincent J & Helen L. Stakutis Lot 3, Grant Street $200 Bruce J & Lillian M Russell Lot 2, Grant Street No damages Upon motion duly made and seconded, it was voted to sign the Hamilton Crier of Taking for temporary construction easements from Brookwood Road Read with an award of no damages Relief Sewer Upon motion duly made and seconded, it was voted to sign the Order of Taking for sewer easement through the Diamond Junior High School land, with an award of no damages Upon motion duly made and seconded, it was voted to award no damages to David and Krana Rosen, 12 Hathaway Road, for a temporary coistruction easement Upon motion duly made and seconded, it was voted to sign the Omer of Taking for sewer easements en Saddle Club Road to Grant St-eet, with an award of no damages, except Charles K Chiklis in the amount of $200. Upon motion duly made and seconded, it was voted to sign the Order of Taking for sewer easements from Adams Street - Grant Street, 52{ with an award of no damages, except James J. Burton, Sr and Elizabeth M Burton in the amount of $400, and Vincent J and Helen L Stakutis in the amount of $200 The Chairman read a request from Julian, J. Bussgang to connect a Bussgang drain pipe from his property into a drain manhole at 43 Peacock Farm Drain Road Upon motion duly made and seconded, it was voted to refer the request to the Town Engineer for a recommendation. The Chairman read a letter from the Mystic Valley Mental Health Center informing the Board of the appointment of Mrs Muriel Weckstein Appointment as Associate Area Director of Mystic Valley Area and that Mrs Weckstein would like to discuss with the Board some of the community- wide issues affecting mental health The Board agreed to meet with Mrs. Weckstein as soon as the schedule permits The Chairman read a request from Adams Motor Transportation, 552 Massachusetts Avenue, Boston, for a license to travel through Lexington to Fort Devens These trips are in connection with the City of Boston Youth Activities Commission to trasport young people Transporta- from all sections of Boston and vicinity to Fort Devens for recrea- tion Permit tional programs during school vacation, approximately June 28 to September I, 1971 . Upon motion duly made and seconded, it was voted to issue a license to Adams Motor Transportation, 552 Massachusetts Avenue, Boston, for travel through Lexington on Route 128 from the Waltham- Lexington line north to Route 2 then west to Lexington-Concord line in the morning with a reverse procedure in the afternoon, with no stops in the Town of Lexington, for a period expiring on Septem- ber 31 , 1971 The Chairman read a letter from the Superintendent of Schools regarding traffic in the Estabrook School area. The School Depart- Traffic ment agrees there should be a Dead End sign at the entrance to Robinson Robinson Road from Turning Mill Road; that the entrance to school Road land from Robinson Road should be closed to vehicles by the School Estabrook Department with a gate which could be opened to admit vehicles School when required by the school and an appropriate sign should be placed at the gate; that the School Department has ordered No Park- ing signs be placed along the driveway from Grove Street, but ques- tions the power of enforcement by the School Department; that a sidewalk should be built between Demar and Robinson Roads on Turning Mill Road. The Board agreed to send a copy of the letter to the Traffic Committee for comments and', also to send a copy to Town Counsel for his opinion on the question of enforcement of traffic signs on school property I 521 The Chairman read a letter from Mr Michelman, Chairman of the Le>ington Commission on Suburban Responsibility, regarding the Commis- sion' s support of the various legislation before the General Court on housing-related bills After discussion,. the Board agreed to inform Mr Michelman that they Board agrees with the support of Bill No H1870, a bill to set up a state commission to develop a state-wide building code which would evemtuall replace the several local codes. Also, the Board agrees Y P 9 with the support of sections 16 and 18 of the 707 program, which world firmly place the funding of the state rental assistance program LCSR on a continuing basis from year to year and allow the Department of House Bills Community Affairs to enter into multi-year, annual contributions con- trt.cts with local housing authorities in connection with their leasing programs As far as support of other legislation, the Board feels theire is not sufficient information available at this time to take a position and until there is further information, neither the Board nor the Commission should support this legislation. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings of May 10 and May 17, 1971 Minutes Upon motion duly made and seconded, it was voted to sign the War- rant for the June 14, 1971 Special Town Meeting Warrant The Board discussed the Liquor Rules and Regulations for Motels and Restaurants and agreed to add sections 8, 9, 10 and II . Liquor Upon motion duly made and seconded, it was voted to adopt the Amend- amended rules and regulations of June 26, 1967 of the Liquor Rules a rents an< Regulations. The Chairman Mr McSweeney has requested that the Board consi- der a proposal by the Barnes Engineering Company to survey Spring Street, from Marrett Road south, a distance of approximately 3600 feet to a point about 1000 feet north of Route 2, for the total sum of Spring St $8 .210 We had agreed in Town Meeting on the total amount of $8,000 Engineering and Mr McSweeney is asking to award the contract to Barnes Engineer- Survey incl for $8,210. Upon motion duly made and seconded, it was voted to award the contract for engineering survey of Spring Street to Barnes Engineer- , inch Company, in the amount not to exceed $8,210 The Chairman read a letter from the Chairman to the Citizens Advisory Board on Street Construction stating that the Advisory Board feeds the first step must be an accurate survey of the area proposed East St for reconstruction. Spring St The Chairman We have taken care of this step The Board instructed Mr McSweeney to set up a meeting with the State Department of Public Works and the Citizens Advisory Board to review the plans 522 Mr O'Connell recommended that the Board appoint Kingston Howard 1975 Cele- as Chairman of the 1975 Celebrations Committee brations Upon motion duly made and seconded, it was voted to appoint Committee Kingston Howard as Chairman of the 1975 Celebrations Committee Upon motion duly made and seconded, it was voted to adjourn at II 10 p.m / A true record, Attest Executive Clerk, Selectmen I I 523 SPECIAL SELECTMEN'S MEETING May 27, 1971 A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Thursday evening, May 27, 1971 , at 7 "i0 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riifin; Mr O'Connell , Town Manager, and Mrs. McCurdy, Executive Clerk, were present The Chairman said that we have called this special meeting at the re uest of Mr Kenney and Mrs Riff in to driscuss, once again, the re- qu st of the Vietnam Veterans Against the War Mr Kenney I am sure we have all heard the various citizens' re ction. Among other things, people approached me that we were wr ng and I have given it considerable thought and on three points we ar correct and move to reaffirm our vote of Monday evening specifi- cally to deny to bivouac on the Green or Tower Park and deny special pe mission to conduct guerilla theatre in the center of Town Mr Bailey seconded the motion Upon motion duly made and seconded, it was voted to reaffirm the I vote taken at Monday evening' s meeting Vietnam Mr Kenney The other consideration which I was interested in Veterans having the Board discuss this evening was the question whether we Against sh uld offer an alternative site for this bivouac and would initially the War point out we have no alternative site and that is the point One of er point, last Monday evening when the veteran came before us on gu rilla theatre and we asked if he wanted an alternative site, he 1 wa ed the Center; we did offer, but he wanted the Center I would pr sent the question to the Board, should we offer an alternative si a to bivouac? I am not exactly sure of an alternative site but 1 di ask the Town Manager to consider some and make some, recommenda- ti ns Mr O'Connell I have looked the Town over and we know virtually n hing yet about their camping requirements, about vehicles and over- night encampment With respect to suitable property ( I) Willards Weeds area, it is adequately large and is not close to any houses and sulject to minimum interference in the neighborhood and frequently used for camping (2) Hennessey land, which is entirely open and of adequate size (3) The Lincoln Street area is small but adequate; it has the advantage of being fenced and is near the center of Town, but it does have very expensive grass that is just beginning to take hold Mr Kenney Continuing the discussion, I would point out that Mr Gross emphasized that he wished to conduct it lawfully and peace- fully and he was willing to abide by our decision. Since then, there 524 has been other information, some through the grapevine, that they, in- tend to come anyway I understand the Town Manager got a call that stated the Boston Globe received notification they were going to come to the Lexington Green on Saturday and it is not quite the same attitude We originally thought that he would honor the deci- sion of the Board and quite possibly they are aiming for confront- ation Again, I question whether we should offer them an alternate site which is more acceptable from a public safety viewpoint The Chairman I got a call from the Globe as Mr O'Connell did, and they gave the same story The reporter asked if I had any comments and I said no, and also asked me if we were officially notified they would come to the Green what would our attitude be and I said no comment With this knowledge, I called and talked to Mr Cram of the Veterans and he said Mr Gross was away for three days. I asked him if there was any truth to the call I had received from the Globe and he said there was not and he would call the Boston Globe and get it squared away I said if this is the case, it would be most unfortunate, and he said this was not an official position of this organization. Incidentally, I called both yesterday and today for some sort of schedule and they couldn't give me one I got a call from the Herald-Traveller asking the same questions and I told them the same thing I got a call that I was being taken to court for violation of the first amendment and I said I didn't know about it So, the point I am making is that every- thing we are sitting here listening to is by the grapevine and it has been working for a month and I think it is about time we faced up to the grapevine It is now known this was being planned and not one had the courtesy to call this Board or this office; here we are, spending another night when they should have called a month ago I include the clergy and members of Town Boards who knew and didn't call I , for one, support the motion made and in no way will consider it any further Mr Busa I fully concur with what you have stated It was brought to my attention that this was organized and food would be brought to 250-400 people To consider any alternative, we have refused permission to the Boy Scouts to camp in Wil lards Woods and the magnitude of 300 or 400 people would create destruction In the Lincoln Street recreation area and the Center playground, Lexing- ton children play in these areas on Saturday and there are organized programs set up for them I see no further discussion to offer them an alternative We offered them an alternative on Monday to consi- der another location and they refused To me, then, it would be blackmail to give them a camp. If they are going to have confront- ation they may as well have it and get it over with I would support the Chairman in his decision. Mr Bailey My point of view is precisely the same as on Monday, to start off on the premise to forget the name of the group and con- sider it could be any other group making a request of Lexington; it could be the D.A R , Sons of Italy, Masons, anybody who could have a I 525 meesage to impart. In my own mind, we have always offered people a platform for peopleto speak within the confines and we have no intention of denying them When, however, it was suggested to use the Green as a hotel , all of a sudden the perspective changed I think if somebody came and knocked at my door and presented the case, you are reasonable enough to listen to him but I don't think you are obligated to provide bed and board and carrying the responsibility The Chairman I talked with Mr Gross and he told me they were willing to accept the decision of the Board and I took him at his word These calls are from the underground and the aggravation of citizens with our own Town and they are people without character, to have this organization, to push it to this extent On the use or the ground, I don't think it is a sensible approach, with everybody screaming about the 1st amendment Everybody has rights and there are rights on both sides As I see it, these people who are scream- ing about constitutional rights, it is time they started supporting it and I think the people in this Town that are pushing it to this degree, whether this issue or the next, we are going to face up to it Mr Kenney Mr Buse said that last Monday we offered an alter- native, but we did not offer an alternative on bivouacking Mr Bailey wants to know if we are obligated I don't think we are, but raise the question whether it is a reasonable course of action, of the possibility of confrontation and doing it under the guise that they had been offered no other place and being asked to push out of Town Again, I don't think there is any great harm in an alterna- tive The Chairman You have to accept the fact if an alternative is offered and accepted and they are granted an alternative site, the Town must be prepared to accept full responsibility and liability for what happens We are certainly sure if they come into Town, we will have to accept the responsibility for it If you want to expose the taxpayers to a tremendous cost beyond policing and pro- tecting these people, we have the responsibility to the people of Lexington first As far as I am concerned, we have extended our- selves We said you can come in an orderly fashion and exercise the march We would not extend more to you than anyone else Although there are some veterans, we don't know who these people are and emphasize ourselves On the position of making an area avail- able to them, even if they were Girl Scouts or Boy Scouts, they would be exposing the Town to liability Mrs. Riffin We didn't hear about it until the item came on the agenda on Friday and we had very little time to deliberate as a Board, to explore it in one meeting We all had a feeling afterwards and had many phone calls and I felt the need to think and reaffirm my position. I think if we can't comply, if we didn't pursue the possi- bility of an alternative and consider it as a Board - we said we would discuss this once again For Lexington and the Citizens of the Town and the Commonwealth and the Nation, I wouldn't want to I 526 see a confrontation on the Battle Green It would be my hope at this meeting we could come up with an alternative rather than hpve an open I invitation for a confrontation on the Battle Green and find one place for one night, with the group marshalling and with sanitary facilities. Hopefully, we could resolve this, perhaps not to everybody' s satis- faction The Chairman There is no question we didn't have much time to consider this. This is part of the problem. There is no question people knew this, the churches and clergy knew; the clergy has put the Town in this position Mr. Adams told me they had 80 lbs of spaghetti and 40 qts. of sauce ready I told him fine, split them up and put 30 of them here and so many there, and they are taken care of Why should the Town have to de this We have no reason not to let them express themselves but why should the Town be put in this position? Mr Bailey I keep hearing it would be used as a confrontation and en Monday night we heard him say he was very anxious to have a peaceful demonstration, and the spokesman has been unavailable and this has all been heard via the grapevine If they operate on the premise of no confrontation and if that is the case, there is no problem; if not, no matter what we do there is no way of avoiding difficulty Mr Kenney You are probably quite right. Mr Busa If there is no further discussion, I move to adjourn the meeting The Chairman If there i•s no further discussion, does anyone I wish to make a motion? A motion was made by Mr Kenney and seconded by Mrs Riffin to offer the Vietnam Veterans Against the War an alternative site to be selected by the Town Manager and the Chief of Police from the three sites recommended by the Town Manager, with certain restric- tions regarding policing and housekeeping Mr Kenney and Mrs Riffin voted in the affirmative Mr Cataldo, Mr Bailey and Mr Busa voted in the negative The vote being 3 - 2 against the motion, the motion did not carry The Chairman requested the Board to sign the exercise of option for the Drummer Boy land, subject to Town Counsel holding the option Drummer until the letter of approval is received from HUD Boy Land Upon motion duly made and seconded, it was voted to sign the exercise of option for the Drummer Boy land, subject to Town Counsel holding the option until the letter of approval is received from HUD Upon motion duly made and seconded, it was voted to adjourn at 832 p.m A true record, Attest A . e e .:‘.,4.0.e....,-7,-- •4, "3--C- -€....r...--1-,,,-- I DRii Executive Clerk,, Selectmen 527 SELECTMEN' S MEETING June 2, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Wednesday evening, June 2, 1971 , at 7 30 p.m Chairman Cataldo., Messrs Kenney, Bailey and Busa, and Mrs. Riffin; Mr Legro, Town Counsel , Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were present The Chairman said that we have had many requests today for people to come before the Board The first three requests I got, I told them the agenda was filled and was closed but that we would think about setting up a meeting on a separate night to let everybody speak. 1 got the fourth call from Mrs Davison requesting an appointment with the Board with Mr Dingman; as a result of that call , I polled the Board regarding giving appointments for tonight and the vote was 4 to I to set up a meeting with the general public on Monday, June 7. There would be no preferential treatment and people would be recog- nized as they called in, the time being noted on each call We will give that release to the newspaper for anyone who wants to come befDre the Board I reiterate that I had three calls before Mrs Davison and they accepted the fact pleasantly and agreed it was the sensible and fair thing to do to have the meeting this way I called Mrs Davison back and gave the decision of 4 to I to hold a special meeting and set it up that way Today, I got a call from Mr Dingman that he had contacted people on meeting tonight and he couldn't get in touch with all of them We agreed that at the outset of the meet- ing, he would make remarks not to exceed five minutes as there would be a considerable number of people coming I emphasize that we have been unfair to the other people by turning them down and we should keep it this way, with this one exception. What is your opinion? Mrs Riffin My first choice would be to have anyone who wants to speak afterwards, to offer the hospitality of Cary Hall to those who would like to stay to talk Upon motion duly made and seconded, it was unanimously voted to re-convene to Cary Hall under the above-stated conditions. The Chairman opened the meeting and said that beginning yester- day, the Selectmen received many calls from local citizens wanting to express their feelings about last weeks happening I received Cary Hall one call and explained to that citizen that the Board was willing to Meeting listen to anyone coming before it, but said that the Selectmen have a schedule of getting ready for Town Meeting and have a full agenda that would go to 100 a.m and it would probably be best to set aside a separate evening and have everybody come before us to present the pros and cons The fellow agreed and said he would call back and get 6n the list for Monday I got three calls and the fourth call `G(3 was from Mrs Davison who said she was calling for Mr Dingman and I explained the same story and she felt people would want to come before the Board. I said that rather than for me to make the deci- sion alone to deny her request, I would poll the Board; the vote was 4 to I to set up a separate night to listen to whatever citizens wanted to come before the Board I called Mrs Davison back and she said she disagreed but could see the merit of it Today I had a call from Mr Dingman who said he was unable to contact people that it was scheduled for Monday night We would schedule a meet- ing for next Monday from 7 30 to 9 30 p.m. and set up a system for whoever calls and wants to speak before the Board Keith Butters was the first call we got and he will be first In my discussion with Mr Dingman, he couldn't contact the people and we agreed that Mr Dingman would present the position paper and explain in brief terms, not to exceed 5 minutes I think we were all in this same hall on Saturday night and discourtesy and disrespect gained us nothing I would ask you tonight, regardless of a personal feeling, that whoever speaks, you give them the courtesy of listening to what they have to say. I am sure Mr Dingman is diametrically opposed to mine and I intend to give him the courtesy Mr Roger Dingman I come before you to present a statement to the Board in behalf of nearly 600 people, following the Battle Green, we endorsed "We, the citizens of Lexington, wish to express our emphatic dissent from the Board of Selectmen' s arbitrary decision to refuse the Vietnam Veterans against the War overnight accommodation within the Town, Their evasiveness, pride, and insensitivity made inevitable the tragic yet avoidable confrontation on the Battle Green the night of May 29. Their actions have brought shame and dis- grace upon us all They have made our Town not the "Cradle of Liberty," but simply another "safe suburb " We wish to express our dissent of the decision of last week It was this refusal and the offer of Lincoln Street and the subsequent confrontation This is the same expression of aggression which has besmirched the reputation of the Town I accepted the condition of no more than five minutes; speaking as an individual I must dissent with his arguments and I don't think it should be postponed until next week I don't believe that other groups or other individuals on the agenda merit Mr Cataldo' s refusal that they would have been unready or unwilling to discuss, nor an emergency which does not justify setting aside regu- lar business of the Selectmen I can conceive of no greater emergency than the violation of the right of free expression of the Vietnam Veterans Against the War and the citizens of the Town last Monday and ask fellow citizens to make the Board more responsive of and more receptive to the citizens and all Americans to regard the Battle Green as a symbol of their liberty The Chairman Mr. Dingman presented a petition carrying approx- imately 600 names. I will keep them in the file and I want you to know there are many other petitions coming in, many letters covering all points of view, whether pro, con, moderate or what have you; if 529 someone could take the time to read all of them, it would be an educa- tion and probably very fruitful As I said, the Board has set aside Monday night from 7 30 to 9 30 for those who like to come and present the r views; just call the office and you will be recognized as these cal s come I think this is the fairest way to be recognized, rather than putting your hand up at the meeting The Board would ask your cooperation in agreeing with this solution There is nothing in any one of the Board"s mind that we feel you shouldn't be heard, and ask tha# it be done in an orderly manner As far as I am concerned, now tha.1 the issue has gone by, we must get back and have the courtesy of one another, if not, it has gone for naught Question Is there a limit of time for people to speak? The Chairman You can speak to your heart' s content Question How can we prevent one of your people from speaking all night? The Chairman There is no question in my mind I would stop it Mrs Riff in Moved to limit the time to 10 minutes for each one to present his view Mr Bailey Seconded the motion Upon motion duly made and seconded, it was voted to limit the time on Monday evening to 10 minutes for each one to present his view The Chairman There was a hearing scheduled for the Histbric Districts Commission here in Cary Hall but it has moved to another locetion, if you would like to stay and discuss the issue amongst yourselves There are two sides of the issue here Question Why not hold the open meeting here so there would be more. room? The Chairman We have items for Executive Session and I would like, to inform you we may not go back into open session until 10 30 or 100 o'clock; at that time, we will have further business to con- duct and if anyone would like to attend, he is welcome The Selectmen, Town Manager and Executive Clerk left Cary Hall and resumed the open meeting in the Bird Room At II 35 p.m , the Selectmen, Town Manager and the Executive Clerk returned to Cary Hall The Chairman The Board voted to come out of Executive Session, temporarily, as we have a tremendous work load, to discuss the issue with which you are concerned Mrs Riff in I offer the motion that the law suit against the Veterans and others be voluntarily dismissed by the Plaintiff, the Selectmen of the Town of Lexington There is no further need for a law suit and there will be no further penalties Mr Bailey and Mr Kenney seconded the motion The Chairman It is my position to vote against this motion When this injunction was first taken out, it was taken out with the posvibility of avoiding a lot of trouble with townspeople and an cut- side group, plus the fact, or answer a lot of questions 6f the responsibility and authority of the Board 1 think, basically, the 530 order of the court answers these questions very clearly The Chief Justice saw fit on Saturday to issue the restraining order I didn't have any intention of ever proceeding with this order We spent Saturday to convey to the Town that we had the responsibility and we came to the meeting on Saturday asking to talk with you and the clergy and there was complete disrespect and discourtesy in Lexington Again today, I took the approach to listen to all the citizens who were concerned, to set up the mechanics to do it equitably and, again, saw discourtesy and disrespect, and upstairs at the meeting tonight there was absolute discourtesy How can you ask us to let these people off the hook when again and again we just can't For you people to knowingly violate the law, once, twice and three times, you were willing to violate the law and take the consequences If this is what you want, this is your op- portunity to tell the judge On that basis, I will vote against the motion. Mrs Riffin, Mr Kenney and Mr Bailey voted in the affirmative Mr Cataldo and Mr Buse voted in the negative The motion carried, that the law suit against the Veterans and others be voluntarily dismissed by the plaintiff, the Selectmen of the Town of Lexington The Chairman We will instruct Town Counsel to file the motion The Selectmen, Town Manager and Executive Clerk left Cary Hall to resume the Executive Session in the Bird Room, at Ii 45 p.m. For the purpose of continuity of the record, the later minutes were recorded successively The Board resumed the open meeting in the Bird Room The Chairman At the request of the Town Clerk, one juror was Juror drawn Frank Diodati 211 Woburn Street The Chairman read a letter from the Lexington Council of Con- gregations stating that an ad hoc group is studying the status of the creche which is displayed on the Common each Christmas season. The Council, which has been historically Christian, hold this symbol in the highest esteem but we are aware of the contemporary pluralism of the town and we feel obligated to assume responsibi- lity for an examination of the, influence of this tradition on all Creche on of our fellow townspeople Enclosed is a copy of a letter sent to the Common pastors of all churches whose congregations might consider the dis- play of the creche on their own grounds on a rotating or longer term basis This inquiry will form the basis for possible alterna- tives to the Common as a location for the creche Depending en the alternative sites study we may be in a position to make a recommend- ation to the Council at the June meeting Any action of the Council would then be communicated to the Selectmen The members of the ad hoc group would be happy to meet with the Selectmen should any further discussion be desirable at this time �: 1 €, The Chairman Does the Board have any remarks it would like to ma'e to them? Mr Bailey This is strictly information Mr Kenney Could we ask the Town Manager to speak to them if they have any specific suggestions, so we can keep in touch with the situation? The Chairman My question is, why .are they doing it? On whets thrust are they doing it; who asked them to do this? Upon motion duly made and seconded, it was voted to refer the matter to the Town Manager to get further information from the Lexing- tor Council of Congregations The Chairman informed the Board that two letters have been re- ceived from Herbert Sherman, 3 Bates Read and Dexter Smith, 10 Phinney Road, regarding the closcng of the dump on Sundays, we will keep them on file until we discuss it again Mr O'Connell I had considered a possible alternative but there is strong feeling of those who operate it for Sunday closing. If experience shows we could operate six days a week but Sunday is Sanitary the wrong day to close, an alternate day is in order. One of the Landfill significant aspects of the sanitary landfill on Sunday, Lexington Sunday is the only one in the State open on Sunday and this produces an Closing unbelievable pressure and gives us an added control problem on peo- ple from out of town Mrs Riffin We have two factors on Sunday, the elimination of other than Lexington residents and Lexington residents, also Mr Buse Let us review it at the end of June; if the Board warts to change its decision, I would suggest we wait until the last meeting in June The Board agreed to acknowledge the two letters and inform Mr Sherman and Mr Smith that the Board will evaluate the situation The Chairman If the Board wants to review it before it goes into effect, fine The Chairman read a letter from Mrs Howard Cravis, Public Rela- tions Committee of Project Concern, stating that a group of youngsters from Muzzey and Diamond Junior High Schools have decided to organize a Froject Concern "Walk for Mankind" and the Lexington J C ' s have agreed to sponsor the walk on October 16, with rain date of October 23, 1971 The Committee requests support of this meaningful activity Walk for Upon motion duly made and seconded, it was voted to refer the Mankind letter to the Town Manager to set up a meeting with the Committee for Project Concern for more details and permission to be given subject to the approval of the conditions set up by the Town Manager Residents of Five Fields met with the Board to discuss the sewer project in the area Sewer Mr John W Cahn, 5 Field Road, asked why he had to stay upstairs to discuss the ! ! sewers when it was much more important to him to be downstairs in Cary Hall? 5:12 The, Chairman: We scheduled this meeting with the residents, *even though we have a tremendous work load, to discuss the problems and try to arrive at a solution. If you feel that you would rather go down- stairs, go ahead; the record will show that the meeting with the residents was held at 8:00 p.m. and your remark was the result of giving you the courtesy of not having you wait. Mr. Cahn left the meeting to go downstairs and join the meeting in Cary Hall and not discuss the problems of the Five Fields sewer. Jordan Mr. McSweeney showed a map of the area for a sewer easement on Augustine the property of John R. and Lillian L. Augustine, 481 Concord Avenue; Sewer Ease- this is to service their property and the property to the rear, went owned by Carol and Kenneth L. Jordan, Jr. , 489 Concord Avenue. The Jordans presently have utility rights for water and electricity over the Augustine property but we are recommending a separate Town-owned easement subject to receiving a conformatory deed and a release of damages from the Augustines. In order for us to service the Jordan property, it would have been very expensive for us to go through the right-of-way that presently exists to the north of the Augustine property, and it would have been an added cost both for the Town and the Jordans. Upon motion duly made and seconded, it was voted to request Town Counsel to prepare an Order of Taking of an easement for sewer pur- poses on the property of John R. and Lillian L. Augustine, 481 Concord Avenue, subject to a conformatory deed and the grant of a release of damages. Mr. McSweeney The Engineering Department, at the request of several residents in the Five Fields area, reviewed the design of the Field Road sewer, as it relates primarily to the costs of their sewer services, and secondly, ease of construction and the cost to the Town. We spent several weeks studying the situation, and came up with what we feel was an advantageous alternate, to both the Town and the area residents. We have notified all parties concerned of our proposal and, to date, have met with them on two different occasions to discuss the situation. The facts related to this matter are as follows: I. There are nine lots, all built upon, affected by this proposed change; 2 on Barberry Road, 5 on Field Road, and 2 on Concord Avenue. 2. The present plans call for one lateral in Field Road with cuts in some cases over twenty feet deep in the area of the Concerd Avenue lots, the plans presently call for a twenty foot cut also. In both instances, sub-surface investigation has re- vealed very heavy quantities of ledge. This would involve substan- tial blasting, wide trenches, and a very slow rate of progress. 3. The proposal that we have developed calls for a shallow sewer In Field Road to pick up the homes on the easterly side of the street, I 53x3 a shallow sewer in an easement behind the homes on the westerly side I of Field Road, and raising the sewer in Concord Avenue to a point where it is out of the ledge and into a nominal cut. At the end of the second meeting with these people, we ques- tioned them on their feelings on this matter. There were five homeowners in favor; the owners of number 29 and 31 Barberry Road, numbers 5, 7 and 9 Field Road, and number 542 Concord Avenue. Mr. W rner of 546 Concord Avenue expressed no feeling on it. The Freys w re not present at either meetings. Mr. Nash of number II Field R ad stated that he was opposed to the alternate oa the basis that will not realize any advantage from this work. Mr. Aladjen is also opposed to this project on the basis that he feels the easement w uld significantly damage his property. The Chairman asked Mr. Richard Souza, 542 Concord Avenue, and M . Caleb Warner, 546 Concord Avenue, to look at the plan. He ex- plained that the original concept of the sewer going into Field Road eels solid ledge In a 20 ft. cut; to relocate the sewer would s ve homeowners considerable money. The Board would like to know how you feel about either proposal . Mr. Caleb Warner: I abstained from voting at the meeting held with the residents as there was serious objection on the part of two of the people through which the second easement was going. It is no different financially for me but I feel that Mr. Aladjen objected to this concept and I feel that the concept of going along the back of I the lots would better suit Mr. Aladjen. This has been checked out by a registered engineer and it is feasible. For this reason, I would like this concept to be adopted. The Chairman to Mr. McSweeney; did you look at this? Mr. McSweeney No I haven't had a chance. The Chairman There is a problem as the contractor is down t ere and also Town Meeting is coming up, and unless we get something ✓ solved, the contractor will move out end we will not get the job d ne. Mr. Warner: Is It possible to rule, subsequently, either/or? The Chairman: No; we have to vote the takings and easements; our problem is time. Mr. Warner: I appreciate that but we would like, if at all pos- sible, to have it considered and whatever additional surveys it would cost the Town, to check this route out. Mr. Aladjen, 3 Field Road It doesn't take half of my land but I object as it happens to be a playground for all of my neighbors; it is a large area and the only open area where kids play ball . The Chairman: You want this concept explored? Mr. Souza, Mr. Warner and Mr. Aladjen want the concept explored. The Chairman: The record will show Mr. John W. Cahn, 5 Field Road left the meeting before discussing his position on the matter of the sewer. Marion C and Louise A. Frey, 7 Field Road, were not present. 534 Mrs. Riff in The residents of Five Fields had a couple of meetings with them; is Mr. Cahn satisfied with it? Mr. LeBoeuf, 9 Field Road, said that Mr. Cahn came down to the meeting and asked me to speak. The Chairman Are you interested in the property line? Mr. LeBoeuf I am satisfied right where it is going; I respect Mr. Aladjen's wishes when he says he wants a ball field. Mr. McSweeney From a construction point of view, there have been a tremendous amount of decisions. We considered rerouting and we under- stand the least ledge is through the middle of the property. Mr. Aladjen I would point out that a petition was circulated for the sewer. The plan showed the sewer stopping here and this is what we were led to believe; now, the sewer comes in here and need not go through my property. It may be $200 or $1 ,000 more but it would do considerably more damages. It has been a playground, the Warners and Souzas use it more than I do, and I would like to preserve it without an easement so I wouldn't have to ask permission to plant trees or mow the lawn, etc. The Chairman Is Mr. Leonard K. Nash present? Mr. McSweeney He is out of Town but Mr. Nash objects to it. Mr. Mudra, 29 Barberry Road, was present. The Chairman to Mr. Mudra As far as you are concerned if you are guaranteed no interruption of service, you would have no objection? Mr. Mudra No objection. Mr. Aladjen Mr. Cahn was in favor of it. Mr. Kenney We have only one objector? Mr. McSweeney Yes, Mr. Leonard Nash, II Field Road. The Chairman Because of our schedule, we will take this under advisement and make a decision and let you know what it is. Later on in the meeting, the Board agreed to have Mr. McSweeney evaluate the proposal presented by the residents of Five Fields and come back to the Board on the feasibility of the projected costs. Upon motion duly made and seconded, it was voted to go into Exec- Executive utive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, the. financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Chairman read a request from Minute Man Associates for permis- sion for a block party on Goffe and Dudley Roads on Saturday, June 26, Block (rain date June 27) from 3 00 p.m. to I2M. Dance The Board had no objection to the Minute Man Associates holding a block party on Goffe and Dudley Road on Saturday, June 26 (rain date June 27) from 3.00 p.m. to II 00 p.m. , subject to the regulations of Chief Corr. 5 3 � 5 Upon motion duly made and seconded, it was voted to approve the Bond of Louis A. Zehner, Treasurer, in the amount of $115,700. Bond Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of May 24 and Special Meeting of Minutes May 27, 1971. The Chairman read a letter from the Chamber of Commerce request- ing immediate action to stop the loitering problem on Town-owned properties between Harrington Road and Grant Street, including the Battle Green, Emery Park and the sidewalks and alleys in the center of Town. The Chamber has received numerous complaints from its members and especially from tourists and shoppers that these areas are im- passable at many times and groups that gather are using very abusive lan nage and consuming intoxicating beverages, plus littering these arels to the point of disgrace. Many people, especially women, will not go to the businesses in the center because of the fear connected witi these large gatherings. By Laws The Chairman It is my feeling we have to get a study back on the By-Laws and Park Rules and Regulations and come back with a rec mandation to get enough muscle in the By-Laws to enforce it; something has to be done. It is a policy decision the Board must mak3. Mr. O'Connell has answered the letter and went one step further and asked what steps they would take to police it. Mr. O'Connell When the discussion was on Emery Park, Town Couisel raised the point of an amendment including all parks and we asked the Recreation Committee and they never gave u5 an answer. The Chairman We will answer the Chamber of Commerce that we will look into the Rules and Regulations. The Chairman read a request from Chief Corr to appoint Charles E. 1;onnolly, Jr. , 67 Cedar Street, and James F. Corr III , 8 Park Street, as Special Police Officers. Special Upon motion duly made and seconded, it was voted to appoint Police Charles E. Connolly, Jr. and James F. Corr, Ill as Special Police Appt. Officers for a term expiring March 31 , 1972. Upon motion duly made and seconded, it was voted to adjourn at 12 14 p.m. A true record, Attest Executive Clerk, Selectmen 536 SELECTMEN'S MEETING III June 7, 1971 The meeting started at 7 30 p.m. and was held im Cary Hall for the purpose of giving the citizens an opportunity to express their feel- ings on the issue of the Vietnam Veterans Against the War. The list of speakers is as follows NAME REMARKS J. Keith Butters Spoke in opposition Patricia A. Swanson Spoke in favor Louis DiNapoli Spoke in favor Mary Shunney Spoke in favor Bob Jackman Spoke in favor Frank Sandy Spoke in opposition Arthur Kaledin Spoke in opposition Nancy Earsy Spoke in opposition Charles LaMantia Spoke in opposition Elizabeth Williams Withdrew Stillman Williams Spoke in opposition Paul Plasse Spoke in favor Roger Dingman Withdrew Dr. Morton A. Medoff Spoke in opposition Daniel Small Spoke in opposition Fr. John Crowley Did not speak Glenn Jones Spoke in favor M. Chandler Crocker, 2nd Spoke in favor Arthur Liebman Spoke in opposition Sarah Hornig No position on weekend but 'felt an effort should be made to solve the problem of ending the war. Oliver Selfridge Spoke in opposition Norma McGavern Spoke in opposition David Epstein Spoke in opposition Erna Fekete Supports the -Board on the basis that people in this country should obey any decision made on the basis that this is the only country in the world that you have the right to vote to change any decisions or laws. Anne Webster Spoke in opposition Gloria Brackett Spoke in fpyor John Maguire Spoke in opposition Dr. Donald Taylor Spoke in opposition Dr. Angelo Laudini Withdrew Carl Bastress Spoke in opposition 537 ' Frank Michelman Spoke in opposition Martin Small Spoke in opposition Dan Fenn Spoke in opposition Major Gerard Devlin Spoke in favor Greg Baldwin Spoke in favor Fr Edward J Gaudette Did not speak Ru:,sell Corkum Did not speak Roert Beattie Spoke in opposition Bill Reed Did not speak Dotglas Ross Spoke in opposition Herbert Glucksman Spoke in opposition Altert Szabo (withdrew) Berjamin J Mayo, Jr Spoke in favor ReN Herbert Adams Efforts should be made by all to solve our differences and come back as one to face the bigger problems that surround us. Christopher Gregory Spoke in opposition Daoid Lehman Is from California and spoke on unity Individual members of the Board of Selectmen made comments regard- inc the issue and the statements made The Board then voted to resume its meeting in the Bird Room A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, at 10 22 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, Mrs Riffin; Mr O'Connell , Town Manager; and Mrs. McCurdy, Executive Clerk were present The Chairman read a request from Mr Donald Gillespie, head of the Music Department of Lexington Schools, requesting permission to conduct an outdoor band concert on the Visitors' Center property on Sunday, June 13, 1971 from 2 00 p.m to 4 00 p.m Upon motion duly made and seconded, it was voted to grant per- Permit mission to Mr Gillespie to conduct an outdoor band concert on the Visitors' Center property on Sunday, June 13, 1971 from 2 00 p.m to 4 00 p.m., subject to the rules and regulations of the Acting Superintendent of Public Works. The Chairman read a letter from Dr Wilkinson, 43 Woodland Road, retarding the present parking situation on Massachusetts Avenue beiween Depot Square and Meriam Street which he feels is unneces- sarily hazardous The narrowing of the street at this point by the current location of the curb creates a confusing, dangerous and Center dirtratting obstacle to traffic heading away from the center; the Traffic adcitional constriction of the roadway by parked cars serves to ' slaw traffic as well as compromising visibility at both corners for cars attempting to enter Massachusetts Avenue Dr Wilkinson hopes this dangerous bottleneck can be removed 538 Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommendation The Chairman read a request from Mr Anthony Fabrizio for an extension of the Town sewer system to service his lot at No 127 Fabrizio Pollen Road Sewer Upon motion duly made and seconded, it was voted to refer the Request request to the Town Engineer for a report based on the policy decision of the Board on May 17, 1971 that the Town Engineer was authorized to approve sewer extensions to private contractors on an individual basis The Board agreed to hold the Traffic Committee reports for a Traffic future meeting, regarding the bicycle path on Massachusetts Avenue, Reports and the proper language for amendments to traffic rules and regu- lations on Reed Street, Grant Street and Crosby Road Cert of Upon motion duly made and seconded, it was voted to certify incorp the character of Peter G Talmage, 8 Linmoor Terrace, "Student Competitions on Relevant Engineering, Inc " Upon motion duly made and seconded, it was voted to accept the Guides recommendation of Rev Handley, Director of Guides, and re-appoint Peter Harvell, 131 Burlington Street, and Scott Collard, 92 Hill Street, as Guides of the Town of Lexington for a term expiring April 1 , 1972 The Chairman read an invitation from the Burlington Board of Selectmen to participate in a discussion relative to the Route 3 Burlington land development on June 17, 1971 in the Burlington Town Hall at Route 3 8 00 p .m Mr Kenney and Mr Busa agreed to attend, also Mr. O'Connell Mrs Riff in If they want to have a more convenient date for more members to attend, we could request they check with us for an alternative date The Chairman agreed to talk with the Burlington Board The Chairman read a letter from the Lexington Lodge of Elks No 2204 requesting permission to use the Green on Monday, June 14, 1971 at 7 00 p.m for observance of Flag Day, at which time an Flag award will be presented to a Lexington resident for his patriotism Day and outstanding work with the youth of Lexington; also, a flag will be presented to the Town Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Lodge of Elks No 2204 for Flag Day ceremonies on the Battle Green on Monday, June 14, 1971 at 7 00 p.m. The Board agreed to send regrets at being unable to attend be- cause of the Special Town Meeting being held on that evening 539 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matt-mss which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of personnel and financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 114'5 p.m A true record, Attest Z/e. ,.,' 271, Executive Clerk, Selectmen I 540 SELECTMEN'S MEETING June 14, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, June 14, 1971 , at 7 00 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riff in, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs, McCurdy, Executive Clerk, were present Mr O'Connell informed the Board that he has received a request for a transfer of $ 11,000 to Account 5900-Water Maintenance and Service After the budget was approved, I received a letter from the State DPW indicating they were going to resurface Marrett Road from Massachusetts Avenue to Route 128 this year and had not let the Town know about it The Town must take care of raising sewer manholes and water gates, extension of sewer and water services to the sideline of the street, renewing old lead water services and DPW the replacing of troublesome sewer services Because of a restric- Transfer tion, no paving cuts will be allowed for é five year period after this resurfacing The Chairman Did we maintain the $50,000 for resurfacing in the budget? Mr O'Connell Yes The Chairman My personal feeling would be to look to our re- surfacing money What is the Board' s recommendation? Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to Account 5900-Water Maintenance and Service in the amount of $11 ,000. Mr O'Connell read a request from Mr Hilton, Director of Cary Memorial Library, for a zoomobile to park in the adjacent parking Zoo- lot and prohibit parking in both lots on June 29, 1971 , 8:00 a.m. mobile through 5 00 p.m ; also to have a policeman on duty from 1 30 p.m to 4 30 p .m The zoomobile will be open from 2 00 to 4 00 p.m Upon motion duly made and seconded, it was voted to allow the two parking lots adjacent to the Library to be closed from 8 00 a.m to 5 00 p.m on June 29, 1971 The Chairman read a request from Playco Plastics Corp , Lincoln, Permit for a permit to use a microphone and speaker for an Oy-Oy contest at the Bedford Street shopping center on Monday, June 28, 1971 , at 10 00 a.m for approximately one hour Upon motion duly made and seconded, it was voted to grant per- mission to Playco Plastics Corp. to use a microphone and speaker on June 28, 1971 at 10 00 a.m for approximately one hour, with the condition that they are maintained on private property at a volume level not to be objectionable to the people of the area b41 The Chairman read an invitation from Dr Noble, Director of Middle- sex County Hospital, to attend a meeting with the staff of Massachu- setts Residential Programs, Inc on Wednesday, June 30, 1971, at 8 00 Drugs p.m. Mr. Kenney is to attend and an invitation will be extended to the Drug Counselor and the Drug Advisory Committee. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on June 2, 1971 . Minutes The Chairman read a letter from the Estabrook Neighborhood Asso- ciation requesting permission to hold a block party on Longfellow Road at the end of Hawthorne Road on Friday, June 18, from 6 00 p.m. to 12 00 p.m. Upon motion duly made and seconded, it was voted to grant permis- Block sion to the Estabrook Neighborhood Association to hold a block party Party on Longfellow Road at the end of Hawthorne Road on Friday, June 18, from 6 00 p.m to II 00 p.m subject to the rules and regulations of the Police Department The Chairman informed the Board that the Treasurer has requested a meeting with the Board on Friday, June 18, to consider the float- ing of another bond in tax anticipation monies. Treasurer The Board agreed to hold a special meeting on June 18 at 8 30 a.m. The Chairman informed the Board that he had talked with the Town of Burlington regarding their meeting on June 17 and they would Burlington still like to hold it even though only two members of our Board will Meeting be present They have invited the Planning Boards and Conservation Commissions to be present Mr Kenney and Mr Buse will represent our Board. The Chairman read a letter from the State Department of Public Works on the 1070 Federal Highway Act which has imposed on the DPW many requirements in the field of environmental considerations. A seminar has been scheduled for Wednesday, July 21, 1971, at Highway Arlington from 8 00 to 9.30 p.m. Seminar Representatives of the Board, the Town Manager and Town Engineer will be present at the seminar An invitation will be extended to the Planning Board The Chairman read a letter from the Parent-Teachers-Student Asso- ciation to hold an arts and crafts sale on the lawn in front of the Visitors' Center on June 26, 1971 from 8 00 a.m to 4 00 p.m (rain date of July 10) Permit Upon motion duly made and seconded, it was voted to grant permis- sion to the Parent-Teachers-Students Association to hold an arts and crafts sale in front of the Visitors' Center on June 26, 1971 , from 8:00 a.m to 4 00 p.m , subject to the rules and regulations of the Superintendent of Public Works 542 Mr Kenney For the record, I would like to relate the events of Saturday, May 29th Mr Cataldo, Mr. Kenney, Mr Busa and Mr Bailey met Saturday morning, May 29, at 9 00 a.m. with Mr O'Connell , Town Manager, in his office for the purpose of discussing the requested encamp- ment of the Vietnam Veterans Against the War on the Green. They discussed ways of dealing with the situation, ways of hopefully avoiding it and the possibility of a Court Order At the request of Judge Forte, Mr Cataldo, Mr Kenney, Mr O'Connell and Police Chief Corr met in Judge Forte' s office for further discussion concerning the possibilities involved In the afternoon, after discussion with Mr Legro, Town Counsel a Court Order was sought and signed by Mr Cataldo and Mr Kenney, they also sought a meeting with the Council of Congregations to ask their help in avoiding the confrontation. Meanwhile, a group of people appeared at the Selectmen' s trailer at 4 00 p.m asking to talk with the Selectmen After discussing this with Mr Cataldo, Mr Kenney publicly invited the group to the 7 00 p.m. meeting with the Church representatives They were told the large hall would be available and they would have the opportunity to present their views Mr Cataldo and Mr Kenney were present in the Town Offices throughout the day and evening Mr Busa was present in the morn- ing, intermittently in the afternoon, and present that evening. Mr Bailey was present in the morning and evening The minutes of the evening meeting were taken by the Executive Clerk Upon motion duly made and seconded, it was voted that the aforesaid happenings would become part of the permanent record Mr Legro came into the meeting at 7 20 p.m The Chairman A letter has been received from the Conservation Commission that it had voted to request that the options for the Frissore, Soule and Wilson options be exercised Frissore, Mr. Legro I wrote a letter to the Chairman commenting, par- Soule & ticularly, on registered land where normally we wouldn't make a Wilson taking by eminent domain, and the possible effect on unregistered Options land if the usual wording isn't sufficient The Chairman In other words, you have some questions on this? Mr Legro: I commented in my letter I thought it had been re- ferred back to the Conservation Commission to seek a solution with HUD Hud added a requirement some 18 to 20 months ago on Deed Restriction-Recordation, and the Conservation Commission didn't discover until a few months ago that it was a requirement The Chairman This didn't interfere with the Soule option. Mr Legro Drummer Boy is a different problem; it is un- registered land and the Town is paying the price and I am reluct- ant to see it recorded, reluctant for the benefit of the dtrantor. The Board agreed to ask the Conservation Commission in for a meeting Mr Legro I will bring in the forms for the exercise of these options 54 .3 Mr Legro informed the Board that he has two signed options for theHarr' little question on the insurance Harrington Harrington Property; there is a it# a ng The Chairman Once we exercise the options, we have insurable Property interest, and. at that time we should insure the property so there can be no question. Mr Legro informed the Board that he had approved, as to form, the contract for repairing the instructional swimming pool; there is a question on the insurance certificates and an omission of any coverage for the owners, and I suggest they ought to be in before Center we begin. Swimming Upon motion duly made and seconded, it was voted to sign the Pool contract awarded to Conti and Donahue, Inc , Lynn, for the swimming pool at the Center Playground, in the amount of $10,450, subject to the two omissions being supplied to the Town Mr McSweeney came into the meeting at 7 24 p.m Mr McSweeney We have a drain easement for the continuation of the Meriam Hill parking lot drainage down Sherman Street over the property of Eugene T Buckley, coming out of the parking lot. 1 Buckley would request that the Board vote the order of taking Order of The Chairman It is my opinion to make the taking with an award Taking of no damages at this time until we see the job completed Upon motion duly made and seconded, it was voted to request Town Counsel to prepare the order of taking for a drain easement on the property of Eugene T Buckley, 22 Grant Street, with an award of no damages The Board discussed the Articles for the Special June 14, Town Meeting. Article 2 - All of Central Block Board unanimously opposed. 3 - Part of Central Block 4 to 1 (Mr. Buse) for 25 ft. setback with radius taking. 4 - Exchange of Fire. Station Unanimously in favor, if Articles 2 and 3 do not pass. 5 - Harrington Property Unanimously in favor. 6 - Rezone access for Housing Authority Unanimously in favor. 7 - Arts and Crafts Conveyance Unanimously in favor. Articles S - Bowman School RoOf The Chairman I think we should oppose the Appropriation Commit, tee to ask Town Meeting to delay until July or August. My personal approach would be to vote the money because the roof has to be fixed, only on the condition that the. Town Manager, to whom this committee is responsible, get them to do the job or replace. As long as there is someone to watch over them, 1 don't object to it. The Board agreed. 544 Article 9 - Repairs to High School Mr. O'Connell The Architects' estimate of Cost of making the repairs remaining was $72,000; added to that, $5,000 for emergency repairs that have been done, and $8500 for furniture 9 Y P and equipment for the school . They will come in for around $90,000. The Chairman The Appropriation Committee is recommending the same thing on this but my feeling is that the School Depart- ment has had long enough to get this information and they haven't done anything for three months. This is going on the tax rate and it would mean 50 cents. There is absolutely no need for this as the insurance money is laying there to be paid. My vote would be against this because they didn't do their job and they should face up to doing their job properly; they should find their own money in their own budget. They have brought on their own problems and I , for one, would speak against it as an individual Mr. Kenney I definitely don't want to postpone it until August. Mr. O'Connell In the 1971 budget, there are two items of mis- cellaneous expenses totaling $55,000 and about $40,000 of this is in the Senior High The Chairman The Insurance Company has drawn the check and it is laying in the bank account. We asked Mr Maguire to come up and talk with us and he wouldn't. No position of the Board on this Article. 10 - Buffer Strip on Burlington Line Mrs. Riffin I would recommend seeing it through and see if there is a two-thirds vote of Town Meeting; if it fails, 1 would like to move reconsideration and refer to Committee. I would like to see Us 'have some authority to buy some of the backland if we need it. Mr. Richard Beaman questions the right of eminent domain for Conservation. Mr. Legro: Town Meeting makes the determination that it wants this land for open space and it can be upheld. Mrs Riffin 1 prefer it passing as the motion is read. The Chairman If it fails, would the Board be unanimous to re- port back to the Committee? No reply. 11 - Amendment to Town Manager Acts The Board unanimously opposed. 12 - Enlarge Conservation Commission Divided feeling of the Board. The Chairman and Mr. Busa opposed it. The Chairman Our original motion said there would be five members of the Conservation Commission. 13 - Rezoning of Bedford Street - Moore Land: Mr. Kenney, Mr Busa and Mrs. Riffin to support the Article. The Board was unanimousto support the Article, subject-to any new information Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m. A true record, AttestJA/ /' Executive Clerk, Selectme SPECIAL SELECTMEN'S MEETING June 18, 1971 A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Friday morning, June la, 1971, at 8 30 a.m. Chairman Cataido, Messrs. Kenney, Bailey and Buse and Mrs Riff in; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present. Mr. Zehner met with the Board. He said that bids have been re- ceived to borrow $1,000,000 in anticipation of tax revenue, on a loan dated June 25, 1971 and payable November 4, 1971 . The problem is the teachers' payroll of $1,200,000 which must be met on next Friday He Treasurer recommended that the contract be awarded to the Lexington Trust Com- pany and the New England Merchants National Bank and to sign the notes, the Town Clerk's certificate and the delivery authorization. Upon motion duly made and seconded, It was voted to award the con- tract to borrow $1,000,000 in anticipation of tax revenue to the follow- ' ing banks Lexington Trust Company $500,000 3.09% discounted New England Merchants National Bank $500,000 3. 13% discounted and to sign the notes, the Town Clerk's certificate and the delivery authorization. The Chairman informed the Board that a request has been received from Troop 119 Committee Chairman to hold a Court of Honor on the Battle Green on June 22, 1971 at 1 30 p.m. for a ceremony of approxi- Permit mately 15 minutes Upon motion duly made and seconded, it was voted to grant permis- sion to Troop 119 to hold a Court of Honor on the Battle Green on June 22, 1971 , at 7 30 p.m The Chairman Informed the Board that he was visited by Mr. Haskell Reed who was concerned over the Lion's Club 4th of July as it was going to be picketed on the basis that we let them use the Center Playground and that wasn'tone of the places given to the VVAW. Mr Reed wondered 4th of if it were the 'feeling of the Board to have the planned activities. July Mr. Kenney The Lion's Club had nothing to do with the decision of the Board on VVAW; I think these people should devote energy to pull the Town together. The Board agreed to do nothing about the 4th of July activities 111 and to let them proceed as planned. Upon motion duly made and seconded, it was voted to go into Executive Session. After discussion of a personnel matter and a matter of finan- cial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 02 a.m A true record, Attest xecutive Clerk, Select n 545 SELECTMEN'S MEETING 111 June 21 , 1971 A regular meeting of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, June 21 , 1971, at 7 30 p.m. 9 9 Acting Chairman K Chai a ;Kenney, Mr. Bailey, Mr Busa and Mrs Riffin, Mr. Legro, Town Counsel; Mr O'Connell, Town Manager; Mr. Martin, Assis- tant Town Engineer, and Mrs McCurdy, Executive Clerk, were present. Upon motion duly made and seconded, it was voted that Mr. Kenney was to act as Chairman in the absence of Mr. Cataldo. Mr. Adams commented that in the five years he had been report- ing the Selectmen's meetings for the Minute-man it was the first time Mr Cataldo had been absent Also, he announced that Mrs. Scigliano would cover future meetings Upon motion duly made and seconded, it was voted to sign the Buckley Order of Taking for drain easement on the property of Eugene T. Drain Buckley, 22 Grant Street. Easement Mr. O'Connell informed the Board that bids have been received for the installation of traffic signals at Massachusetts Avenue and Mass. Ave. Worthen Road and they are under evaluation by the Town Engineer; a Worthen Rd. recommendation will be received very soon. The four bids range from $13,965 to $14,483. Mr. Kenney What is the appropriation, $17,000? Mr. O'Connell I believe so. Mr. O'Connell informed the Board that an emergency situation has developed regarding the supply of blood and the Red ,Cross requests for a bloodmobile to be parked in their driveway,, on July 3, 1971 . Bloodmobile Mr. Busa I have no objection if it does not conflict with other celebrations of that weekend Upon motion duly made and seconded, it was voted to grant permis- sion to the Red Cross for a bloodmobile on July 3, 1971 . Upon motion duly made and seconded, it was voted to grant per- mission to Five Fields, Inc to hold a square dance on Saturday, Permit Steeet July 3, from 7 00 p.m to II 00 p.m. at Barberry Circle if street Square Dance construction permits; if the location is changed, the Town Manager or Police Department is to be informed. This permission is subject to the restrictions of the Chief of Police. Upon motion duly made and seconded, it was voted to sign the Dogs Warrant to the Dog Officer for 1218 unlicensed dogs in the Town.. 54E6 Upon motion duly made and seconded, it was voted to certify the Cert of character of the following who have applied for Certificate of In- Incorp corporation Samuel Berman 11 Barberry Road - E Van Seasholes 6 Barberry Road Otto Eckstein 24 Barberry Road - Nicholas Bloembergen 3 Stonewall Road Edward H. Kass 37 Barberry Road - H Seymour Kassman 5 Stonewall Road Johm Robey 16 Barberry Road "Five Fields Tennis, Inc." Upon motion duly made and seconded, it was voted to authorize the I D. Card Acting Chairman to sign the liquor Identification card for Nancy E Fletcher, 74 Burlington Street. The Acting Chairman read a request from the Middlesex and Boston Railway to change the turn of the Waltham bus from around the Battle M & B Bus Green to around the safety island at Woburn and Massachusetts Avenue and onto Waltham Street Upon motion duly made and seconded, it was voted to refer th4s request to the Traffic Committee for a recommendation. A complaint was read from Gerald W. Bonnell regarding the condi- tions of the sidewalk at the corner of Adams Street and Coolidge Avenue Bonnell Upon motion duly made and seconded, it was voted to refer this Complaint complaint to the Acting Superintendent of Public Works for a recom- mendation. Letters were read from Charles Calvin and James McDevitt regard- ing dump stickers and the closing of the dump on Sundays during July. Dump The Board agreed to reply that the $1 .00 fee is to cover the Stickers cost of issuing the permit and this is a fairly common practice in and closing many towns, the Board is to review the question of the dump closing on Sundays at the next meeting. Mr. Calvin questioned the reason why he was denied a Sticker for his business vehicle which is registered outside the Town but garaged in the Town. The Board agreed to request Mr. Calvin to contact the Acting Superintendent for a review of his case. The Board agreed to hold the letter from the Chamber of Commerce regarding the closing of the dump, until next week. Letters from Dr. Sherman and Dr Peterson regarding the former Mass Ave taxi stand at Massachusetts Avenue and" Wallis Court and the possi- Wallis Ct bility of installing meters in that area. Upon motion duly made and seconded, it was voted to refer these requests to the Traffic Committee for a recommendation 547 A report from the Traffic Committee was read regarding a request from the Campfire Girls for a bicycle path within the roadway of Massachusetts Avenue between Winthrop Road and the Arlington line. Bicycle The Committee recommended that this request be denied because it Path would create serious problems and hazards to motorists and bicycle riders alike but to refer them to the Recreation Committee which is contemplating a network of bicycle and hiking trails using town lands and secondary streets Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and deny the request of the Campfire Girls for a bicycle path on Massachusetts Avenue. The Board agreed to reply to the Campfire Girls and suggest that they contact the Recreation Committee. The Traffic Committee report on the School Street Crossing was read. According to the School Department. there are 62 children living on streets east of School Street; actual observation indicates that this number is distributed fairly evenly among the three cross- ing points at Stimson, Grandview and Eastern Avenues. There is a School St sidewalk along the west side of School Street but none on the east side between Stimson and Eastern Avenues nor on Eastern, Grandview and Stimson Avenues. The construction of a sidewalk on the east side of School Street would be very expensive and complex, requir- ing substantial re taining walls and removal of large trees. However, unless such sidewalk is constructed, there is little point of having a crossing guard who could not cover all three crossings. The Com- mittee recommended that the three crossings opposite Stimson, Grand- view and Eastern Avenues be marked by appropriate warning signs; School Street should be subject to observation by the Police Depart- ment in September and October and, depending on the findings, deci- sion would be made in November of 1971 regarding long term measures which may require appropriation in the 1972 budget. The Board agreed to accept the recommendations of the Traffic Committee and to instruct the Town Engineer and the Police Chief to implement the recommendations. The Traffic Committee report on Lexington Center traffic was read. The Committee recommends that additional information and directional signs be provided for the parking areas accessible from Edison Way; this needs no amendment to the Traffic Rules, but only Lexington authorization to Mr McSweeney to erect or restore the signs We Center shall continue to study the area and make specific recommendations Traffic as conditions warrant. Upon motion duly made and seconded, it was voted to request the Acting Superintendent of Public Works to make arrangements to install additional information and directional signs for the parking areas accessible from Edison Way. The Traffic Committee's recommended language for an amendment Traffic of the Traffic Rules and Orders prohibiting parking along portions Amendment of Reed Street, Grant Street and Crosby Road was approved. 548 Upon motion dulymade and seconded, it was voted that the Traffic Reed, Rules and Orders of Lexington adopted by the Board of Selectmen Grant and November 13, 1967 are hereby amended as follows Crosby Rd. Location Side From To Tyne Parkins Reed Street Southwest Bedford Street Vaille Ave. No Parking Crosby Road West Mass..,Ave 600' southerly No Parking Grant Street North Railroad Tracks 470' easterly No Parking A letter was read from Harvey W Newgent & Associates in behalf of Mr. L. Guadagnino who is desirous of buying four lots as shown on Town Plan #65 on Garfield Street, lots numbered 0159A, C, D and E. Mr. Guadagnino talked with the Engineering Department and was in- formed that if he wants to make use of them, he would have to carry sewer all the way from Hickory Street up to the center of Earl Tax Title Street and install a manhole at Earl Street. Inasmuch as the sewer Guadagnino runs in the opposite direction, Mr. Guadagnino is being asked to do a lot of extra work for which he would have no benefit. There are two lots owned by the Town on the corner of Hickory and Garfield Streets, #61 and 062. If the Town would allow these two lots to have the division line reversed so that they would both face on Garfield Street, it would then be feasible and practical for Mr Guadagnino to put in the sewer. This would benefit the Town as well as the abutters In behalf of Mr Guadagnino, I would like to ask that the Selectmen sell lots #61 and #62 with the conditions stated relative to the division lines. Upon motion duly made and seconded, it was voted to refer the request to the Planning Board for a recommendation. The Field Road sewer was discussed. Mr. Martin, Assistant Town Engineer I would like to inform the Board that because of the construction schedule of the contractor, we must have a decision tonight. Basically, the residents presented us with a request for an alternate on the odd numbered side due to Field Rd. deep cuts and we came up with a proposal and this was entertained at Sewer the meeting and we ran, into objection and we have since discussed the alternates that the residents proposed and we are recommending if we can get confirmatory deeds and release of damages from the residents, the Board vote to do this, if not, stick to our original plan. It is $13,000 more going fin the street rather than the back and the homeowners stand to save a substantial amount. There is , only one that would be $4100 by going out the back; some will save as much as $2,000. We sent a letter out and asked them to send it back if they were in favor of granting the confirmatory deed and release of damages. The residents had this Thursday; two aro not in favor, one neglected to fill it in, and there is one verbal who is away on vacation. Mr. Martin showed the plan of the area and pointed out Mr. Aladjem's lot, 3 Field Road; there would be deep cuts through his a 049 lot and the cost made it unfeasible and the fact it is on the side of a slope and there are trees which would preclude heavy machinery getting in there. I had the contractor look at it and it would be difficult; plus the fact that it would have to be change order. Mr Daniel Pomerantz, 552 Concord Avenue: I understand why you rejected that as a solution but I don't understand why I can't con- nect up there. Mr Kenney He would have to cross this fellow's lot. Mr Pomerantz He is willing; as he pointed out, it is as difficult for you to get to Concord Avenue as it is for me. Would it make any difference tonight? Mr Kenney No Mr. Martin Mr. Mudra, 29 Barberry Road, and Mr. Mapel , 31 Barberry Road, have indicated they are in favor; Mr. Nash, II Field Road, is in favor but reluctant to sign the release of dameges; the Freys, 7 Field Road, have expressed no opinion; Mr. Cahn, 5 Field Road, is in favor but reluctant to sign the release of damages; Mr. Aladjem, 3 Field Road, is opposed; Mr Souza, 542 Concord Avenue, is in favor; Mr. Warner, 546 Concord Avenue, offered no opinion. Mr Aladjem and Mr Nash indicated they would not give the Town a release of damages. Mr. Kenney Did you show how it would save $13,000? Mr Martin Total savings would run around $22,000 both between the Town and land owners Mr Kenney You are asking for a vote if you get confirmatory deeds from these people2 Mr Martin If we had received a favorable response, we would ask to take the easements but due to time limitations, if we don't get it we recommend going back out in the street. We haven't had any favorable response. Mr Buse to Mr. Legro• What would be the procedure if we con- tinue putting the sewer through the back lots? Mr Legro. Make a taking by eminent domain and get as many confirmatory deeds and release of damages as people are willing to give Mr Martin We stress we should have an answer tonight We haven't gotten a response to the release of damages. We recommend going in Field Road Mr Kenney If all but two would want it . . Mr O'Connell I discussed this with Mr. McSweeney and I be- lieve it is his strong recommendation that the Board vote to put the sewer in the street in view of the lack of getting any neigh- borhood agreement. Mr Bailey to Mrs. Riff in What would you do? Mrs Riff in I am too close to it Mr. Nash is also here tonight. Mr. Nash, II Field Road I guess I prefer not to. It would be nice to be accommodating but the fact I have everything to lose and nothing to gain; I would lose rights and I don't think it would re- place the damages that would be done down there 550 Mr. Kenney We have the feeling of the Town Engineer and my personal feeling to so go along and put it right down in the road, if we don't want to hold up construction. Mr Busa If they are willing to pay the extra charges, I would go along with the recommendation, especially if we might end up paying damages Upon motion duly made and seconded, it was the unanimous vote of the Board that the Town Engineer is to construct the sewer as originally planned in Field Road Later on in the meeting, Mr Warner, 546 Concord Avenue came into the meeting. Mrs Riff in requested the Board to recognize Mr Warner Acting Chairman, Kenney We made a considerabiereffort to do exactly what you people wanted but, collectively, couldn't get you to agree; there are two people opposed. Mr Warner There are six in favor and one wouldreceivethe advantage of the alternative plan. It is tabulated on the list I just gave Mr Kenney They would sign an agreement to request no dam- ages? Mr. Warner I believe there are two objectors and one would not, but six would. Mr McSweeney There is no question my decision was based on the response from the neighbors; at 4 45, I had received three letters and two were - no Mr Warner I was previously opposed to come up with a plan; a lot of the vote is in favor of the alternative Mr. McSweeney Mr. Warner was on the fence but the real objector was Mr. Nash; the other one was Mr. Aladjem; it was the reaction by the others. Mr Kenney We don't want the case of - sure, we support the alternate route but go for damages, too Mr. McSweeney If we had their support, we would have gone for the easement I figured for that much of a saving for them, we should have had their support in writing. Mr Warner We owe Mr McSweeney an apology. Mr Kenney Where were the rest of the people? Mr Warner Mr Mapel was out of town; Mr. Cahn has been out of town at least since Friday or Saturday. My own position I made clear; I think you have one person who might seek damages; of the people who favor, it might be Mr. Cahn but I don't have a statement to that effect Mr. Legro• We need confirmatory deeds and releases of damages by tomorrow morning. Mr Kenney to Mr McSweeney To what extent would it inconven- ience the contractor if we waited another week? Mr. McSweeney The contractor would be in favor Mr. Kenney Would the members of the Board hold off for a week? Mr. Bailey There are two definite negatives and two are on the fence. ' 551 Mr Warner Mr. Cahn is in favor of the alternate but t don't have a statement from him Mr Bailey 1 make him as still on the fence. Mr McSweeney The only one that has a problem or a question of damages is Mr. Nash. What about your neighborly attitude towards Mr Aladjem? Mr. Warner I have done my two weeks' thinking for helping him out; I made an honest effort to patch this up. Mr. Kenney The possibility of the Town saving S13,000 is the only thing that makes me wait. Mr Warner thinks they can get agree- ments from all but two. Mr McSweeney It is very difficult for us to get the easement Mr. Buse 1 would concur and wait a week Mr. Bailey What happens between now and next Monday? Mr; Warner I will volunteer to chase and get signatures in everybody' s hands. Mr. McSweeney: If he says he can get these six names, the con- tractor and I agree Mr Kenney What is the Board' s feeling? Mrs Riff in If he gets six people to sign a release that there will be no damages and we can save the Town money . Mr. Bailey We will wait for a week. Upon motion duly made and seconded, it was unanimously voted to rescind the previous vote of the Board that the Town Engineer is to construct the sewer as originally planned in Field Road A letter was read from Mr. Chris Theodore, 27 Turning Mill Road, requesting the extension of the Town sewer system to service his property. Acting Chairman, Kenney read a report from the Town Engineer stating that due to grade limitations, it is impossible to extend Theodore the existing sewer to Mr. Theodore's lot In order to sewer this Sewer property, it would be necessary to construct a major trunk sewer from Grove Street through the Estabrook School to Turning Mill Road in the vicinity of Grimes Road; then through a series of lateral sewers to the Theodore lot. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer and deny Mr Theodore' s request, and to so inform Mr. Theodore. A letter was read from Jenkins Realty, Inc. 19 Childs Road, requesting a time schedule for the building of the trunk sewer and lateral to Springdale Estates. Jenkins Acting Chairman Kenney read a report from the Town Engineer Springdale that he estimates beginning construction on the Wood Street trunk Sewer sewer in the late fall due to several ramifications of this project, such as 1 . A temporary access off Route 128 which requires a special permit. 1 552 e 2. Permission from Boston Edison to construct a sewer within a portion of their easement. 3 The availability of personnel to inspect the work. 4. The expected ground water conditions The Board agreed to reply to Jenkins Realty, Inc. as outlined by the Town Engineer. Letters were read from Mrs. Trefethen and Mrs. Kaye regarding the imbalance of women to men on the 1970 jury list. Mrs Trefer then's letter states that the Jury Pool List is almost exclusively male and in an effort to discover whether others shared her concern, telephoned or spoke to some 300 registered female voters she thought might be eligible. She submitted a list of women who have all con- sented to have their names presented as approving a more represent- ative jury pool and as being willing to serve if called up in the normal selection procedure Mrs. Kaye's letter states that even though Chapter 234 of the Massachusetts Laws says that mothers of children under 16 shall be exempt from jury service and some other Lexington women are teachers and thereby exempt, the imbalance of men and, women on Lexington's jury list is not understandable She would appreciate the Selectmen reviewing their current practice of preparing jury lists and would like to be informed of any decision to change or retain the present practices She would also like to have the Town Counsel 's interpretation of Sections 1 and 4 of Women Chapter 234 because, indeed, the Massachusetts Statute may be in Jurors need of revision. Mr. Bailey to Mr Legro Is Mrs. Kaye' s interpretation of the statute correct? Mr. Legro 1 haven't considered it at all Mr. O'Connell Mrs. Kaye called me and spoke at great length about the injustice of the practice of the Town. I asked if she. was saying it was an illegal practice and she said she would like to have Town Counsel explain it. I said it was not his business but if she had further questions, she should write to the Board and then they could ask Town Counsel's guidance. Mrs. Kaye makes two points she acknowledges it is legal but doesn't think it is fair and just and is pursuing it, and is trying to get the Board• to review the present practice. Mr. Kenney Mrs Trefethent,s letter specifically mentions a group of women who are willing to serve on the jury. Mr. Buse I believe you can't make suggestions as this is illegal and punishable by fine to suggest a list. Mrs. Riff in The letter says "all of the women whose names appear are aware that one cannot appropriately volunteer for jury duty or for inclusion in the list of potential jurors. They put their names forward, however, to demonstrate their commitment to the principle of a representative jury and to signal their own will- ingness to accept the risks of eligibility and service." I think it is a demonstration not an offer of names, which they know is illegal . no r Mr Kenney In making up the jury list, some women were consid- ered, 19 or 20 of them, and all but 3 were ruled not eligible; the majority had children, one had a sick mother, etc. There are only three names remaining on the current jury list. Mr. Buse I stand corrected, but I think any person's name that did occur is now ineligible by the fact they were suggested or were polled Mr Kenney For sure, we won't pick from this list; the list is picked at random - names to be added for the jury pool are se- lected at random from a true list Mr. and Mrs. Trefethen were present and Mrs. Trefethen asked what is a true list? Mr Kenney The voting list, except they haven't been choosing that many women from this list, only three were eligible; it takes time to make a list and only 15% who received the jury questionnaire were eligible and remain on the list. It now comes to the Board for this type of selection whether you are happy with that policy or change it or get every other person. Mr Bailey I am reluctant to discuss it until I understand the statute and request that we ask Town Counsel to give the ground rules before we get involved in policy. Mrs Riffin Then we will make our decision on Town practice ac- cording to statute Mr. Trefethen It is a high probability in the past this is not an equal probable selection On what basis have recent lists been made, on a random basis? Mr Kenney For the first time in years, questionnaires were sent out to women Mr. Trefethen 1 mean the original list. Mr. Kenney This year, we filled in 165 vacancies When you go on the list, you go on for three years; we had the balance in the jury box and they chose over 300. When names were selected, questionnaires were sent out and this showed an effort to enlist women on the jury but it showed the odds are against it. Mr. Trefethen How selected? Mr. Kenney 1 in 10 Mr Trefethen How is that random? Mr. Kenney The policy had been to choose no women; we go back a few years when the effort was so great to get them on, they weren't interested in serving and they dropped them, now... is it the con- sensus of the Board we ask Town Counsel the legal aspects? Mr. Legro I suggest when the Board make this request, to sub- mit exactly the procedures,thait are followed now so my opinion would be limited to the legality of that specific question. Mr. Trefethen In the past, we were not aware of the effort to get women on. In the past, women denied almost exclusively; it is now changed It will be nice to have the specification of the present practice Mr Legro That is for my use 554 The Board agreed to request Town Counsel' s opinion of Sections I and 4 of Chapter 234 of the General Laws and opinion of juror selection. Mr. and Mrs. Trefethen retired from the meeting. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on June 14 and June 18, 1971 .. Mr. Kenney informed the Board that a request has been received from Mrs. Hals of the League of Women Voters to hold a Rock Concert at the dump on Saturday, June 26, from II 00 a.m. to 4:00 p.m Mr Kenney informed the Board that the members had been invited to a rock concert to be held at the dump on Saturday, June 26, from II 00 a.m. to 4:00 p.m , sponsored by the League of Women Voters It was noted that they had not asked for permission to use the dump. A letter has been rece4ved asking for permission and Mr. Cataldo asked Mr O'Connell to talk with Mrs. Hals of the LWV. Mr. O'Connell I talked with Mrs Hals today and called atten- tion to the fact that the Town had granted permission on recycling but the concert matter had not been brought to the attention of the Board. I raised the question if it drew a crowd of substantial size, that would interfere with the normal function of the dump and would get mixed up with this program and cause confusion; also, police coverage. Mr Kenney Did she give an indication of how large a crowd? Mr. O'Connell No, but it might be quite large. Mrs. Riffin I think it was a misunderstanding on the part of whoever represented the League. Permission was given by Mr. Wenham Dump and Mr. McSweeney and was sought on an informal basis a month ago. Rock A police officer would be on duty checking stickers. It is unfor- Concert tunate that permission was not sought from the Board and I would hope the Board would see fit to approve the request. Mr McSweeney There were two groups in recycling and in our discussion, they came in with a plan to ask the Board for permissioe. We had discussed rock and roll and when asked if 1 had any objection, I said to include everything in your plan, who was handling it, where would the money go to, who was delivering the cans, etc. and there was some mix-up in the LWV. There were two people in the same organiza- tion running the plans and one went to Mr. O'Connell and we both approved it at the high school . 1 thought they were still coming to the Board for permission. Mr. Kenney to Mr. O'Connell: If the Board grants permission, what would the restrictions be? Mr O'Connell: To make sure that the crowd doesn't interfere with normal activities of the dump. Mr Busa The LWV got in touch with Mr. O'Connell to discuss the possibility of a policeman and I would suggest a fire truck be made available as there would be more smoking while listening to rock music and a fire might occur; it 'would be disasterous if we had a fire If the LWV is willing to pay for police and, as a fire track is not a normal procedure, pay for fire protection, them I would have no objection. Q5,) ) Mr McSweeney I would also like to say that we started out with rock and roll; now, we are talking about a festival Mr Kenney It is a concert Mrs. Riff in: Can you recall the last time we put the rules in the paper so people would know and not come in at the last minute? Mr. McSweeney We talked with them two months ago and in both cases we spelled out that we wanted a plan; 1 said, definitely, to talk with the Town Manager as I can't give permission. Mrs. Riff in: I am not seeking to defend them but I feel the Town policy should be clear Mr O'Connell As a matter of fact, it is the exception that we get proper advance inquiries; in this case, quite satisfactory arrange- ments were made relative to the recycling program but this rock festival didn't come to me but to others, and it illustrates part of the problem. These people are volunteers and it is nothing unique in Lexington that it usually takes approval of officials for use of public property for organized events; but we find over and over again, and it is not the exception, that people plan these things in detail and at the last minute come to the Board or they are alerted by some- one or we read it in the newspaper; then we contact the people and I find even though it is the same organization, it is a new committee. After talking with many groups, it is more than a matter of practice they hope the Town won't pay attention to it Mr McSweeney The first woman who came in only lived in Town for six weeks. Mr Bailey The probable consensus is they be granted permission but I think it is fair that they expect some protection which is needed on traffic and the Town might cover the responsibility on a fire truck. Upon motion duly made and seconded, it was voted to grant per- mission to the League of Women Voters to hold a rock concert at the Town sanitary landfill on Saturday, June 26, 1971, from 11;00 a.m. to 4 00 p.m and, in the event there is additional police protection required, LWV is to pay for it; this permission is subject to the conditions set forth by the Town Manager on the use of Town property and police and fire protection. A report was read from the Town Engineer regarding a request from Mr. Anthony Fabrizio for sewer extension to service his lot at 127 Follen Road The report states that the existing sewer ends ap- proximately 130 feet south of Lot 127. It is approximately 17 feet deep and previous construction in the area indicates heavy quanti- Fabrizio ties of ledge. Also, the topography indicates it would appear that the sill elevation would have to be set substantially below street Sewer grade. Due to the deep cuts and the information available on soil conditions, we estimate the cost of extending this sewer to be be- tween $10,000 and $13,000. After discussion, it was moved to deny Mr Fabrizio's request. Upon motion duly made and seconded, it was voted to deny the re- quest of Mr. Anthony Fabrizio for sewer extension to service his lot at 127 Follen Road. n 55G A letter was read from Mr. Rader of the Sub-Region intertown Liaison Committee regarding the proposed Hanscom Circumferential Road that would tie together the individual segments of this road which has been proposed by the towns of Lincoln, Concord, Bedford and Lexington; this plan has the concurrence of the selectmen of Bedford, Concord, and` Lincoln and if the Lexington selectmen also concur, SILC SILC will have a more detailed engiheering plan prepared including Hanscom a more definitive right-of-way location, details of intersections Circumfer- with local town roads and other points of access. ential Rodd Mr. McSweeney They are interested in getting to the point that they want to use MAPC. They want us to be included and use our Hart- well Avenue connector. Mr. Kenney It will be available in the Selectmen's office and we will read it on our own, Mrs. Riffin discussed the membership of the Commission on Subur- ban Responsibility; the Commission recommends that Interfaith Corp. and the Student Government at the High School be added to the member- ship. There is some new interest and it is recommended that one person represent the High School . Mr Kenney We have deliberated to limit the number or organi- LCSR zations because it would get too unwieldly. I see no objection to Membership Student Government and the only real question is do we wish to add interfaith Corp 7 Mrs Riffin: Their primary interest is housing. The Commis- sion' s responsibility generally falls into education, housing and finding jobs for minority groups; the Commission is strong;on educa- tion and fairly strong on job finding and we thought we could use another organization focusing on housing because the Lexington Asso- ciation for Moderate Cost Housing has gone out of business and the other group would be taking over that function. Mr Kenney and Mr Bailey had no objection. Mr. Kenney The High School was on the list before and it would be just replacing LAMCH with Interfaith Corp. Upon motion duly made and seconded, it was voted to add Inter- faith Corp. and Student Government to the membership of the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session The Board discussed sewer easements for contract 70-7-£ for Partridge Road and Turning Mill Road 557 Upon motion duly made and seconded, it was voted to instruct Town- Counsel to prepare the Orders of Taking for sewer easements with an award of no damages on the following properties: John W. and Ethel W Hardy 21 Turning Mill Road Robert C. and Daniel Stewart 19 Turning Mill Road Orders of George and Paula C. Goldman 20 Partridge Road Taking Irving R. and Marilyn J. Abel 22 Partridge Road Turning Mill Lewis G. and Lynn J. Pollock 24 Partridge Road Partridge Rd. Arnold L. and Barbara Mende 26 Partridge Road Martin and Judith H Cooperstein 28 Partridge Road Upon motion duly made and seconded, it was voted to adjourn at II 00 p.m. A true record, Attest: Executive Clerk, Selectmen (/ I 558 SELECTMEN'S MEETING June 28, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, June 28, 1971, at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs. Riff in, Mr Legro, Town Counsel; Mr O'Connell, Town Manager; Mr. Martin, Assistant Town Engineer; Mrs :McCurdy, Executive Clerk, were present. The Chairman read a letter from Fredric S. Cohen, 27 Saddle Club Cohen Road, who wished to discuss the award of no damages as the result of Sewer a taking of a sewer easement on his property. Easement The Board agreed that Mr O'Connell is to discuss this with Mr. Cohen The Chairman read a notice from the Alcoholic Beverages Control Commission regarding the sale of liquor on Monday, July 5, 1971 . ABC Upon motion duly made and seconded, it was voted to inform the July 5th Package Goods Stores to remain closed on Monday, July 5, 1971 . Upon motion duly made and seconded, it was voted that motels, restaurants and clubs may serve alcoholic beverages during the usual Sunday hours Mr. Buse abstained The Chairman read a letter from Attorney Paul J McCormack re- garding Article 77 of the 1971 Annual Town Meeting authorizing the Selectmen to release lots 166 and 167 on Valleyfield Street from certain restrictions in a deed from the Town to Edward E and Mary L Domings, 37 Valleyfield Street, with the condition that an addi- Domings tional payment be made to the Town. Lots The Chairman The restriction was that these lots could not be built upon but were to be annexed It is my feeling that an appraisal be made and have a meeting with Attorney McCormack Upon motion duly made and seconded, it was voted to have an appraisal made of lots 166 and 167 Valleyfield Street and then set up a meeting with Attorney McCormack. The Chairman read a letter from Attorney Paul J. McCormack regarding litter on the sidewalk and on the premises at 789 Massachu- Litter setts Avenue because of school dhildren patronizing Wardrobe' s drug store. After discussion, the Board is to contact the owner of Wardrobe's and ask his help in keeping the area clean and the sidewalk cleared so that people can pass to and from the store with the least amount of interference Also, the Police and Public Works Departments will be requested to police the area 559 Upon motion duly made and seconded, it was voted to certify the character of Eric Olsen, 3 Brigham Road, who has applied for Certi- Certificate ficate of Incorporation, "Coalition of Students for Mentally Ill of Children, Inc " Incorp. The Chairman read a letter from 1 E Rothman, 8 Demar Road, re- garding the expansion Field and asking if anything is happening that could lead to more planes, noise and upheaval for the residents of Lexington Hanscom Upon motion duly made and seconded, it was voted to request a Field report from the Director of the Mass Port Authocity and, also, to request Representative Cole to look into the situation and report back to the Board The Chairman read a letter from Adolph Cuccinello requesting a Cuccinello deferment of street betterment assessment of approximately $1563 and Sewer d St sewer betterment assessment of approximately $800 on his property at Betterment 92 Bridge Street Deferment Upon motion duty made and seconded, it was voted to request a report from the Town Engineer on Mr Cuccinello's request The Chairman informed the Board that a notice has been received of a meeting of the Shawsheen River Watershed Association on June 30 Shawsheen The Board is unable to attend because of a previous commitment Watershed to attend a meeting at the Middlesex County Hospital on the drug program. The Board discussed reports from the Traffic Committee The Chairman The Traffic Committee has submitted the proper language for an amendment to our Traffic Committee Rules and Orders to eliminate the taxicab stand opposite the Town Offices Also, a letter has been received from Mr Zimmerman of the Lexington Cab Company and the Minuteman Cab Company regarding the request of two Mass Ave doctors to have parking meters placed on the taxi stands at 1640 Wallis Ct Massachusetts Avenue and Wallis Court. Taxi Stand We did talk of other locations for taxi stands at East Lexing- ton, Lincoln Street and Five Forks so there would be no great problem in one area We asked Mr Zimmerman to talk with owners of property and we should resolve this if we are going to let him park, if at all . Mr. Kenney We have also asked the Traffic Committee to look at center bus stops, cab stands and mail box locations; we should look at this as a package Mr O'Connell The Traffic Committee hasn't finished the re- port The Board agreed to request a complete report from the Traffic Committee on the Center The Chairman read a report from the Traffic Committee recommend- , ing that conditions at the junction of Peacock Farm Road and Mason Traffic Street are no different than at any other junction of local streets Mason St 560 Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to so inform the resi- dents of Mason Street The Chairman read a report from the Traffic Committee recom- mending that traffic safety and convenience will be improved at the junction of Pleasant and Fern Streets by a landtaking and a redesign Pleasant - to permit better turning movements; if no widening of Fern Street is Fern St. contemplated, the taking need not include the house itself but Only Junction the land forming the sharp wedge between Pleasant and Fern Streets. Upon motion duly made and seconded, it was voted to request the Town Engineer for a preliminary design on improving the intersection at Fern and Pleasant Streets. The Chairman read a report from the Traffic Committee stating the Committee believes that significant improvements in the safety Traffic - and convenience of traffic may result from closing of Clarke Street Clarke St. at Massachusetts Avenue; we are, however, unable to make a more specific evaluation of the proposal in the absence of more definite plans for the library expansion and the arrangement of parking areas and internal circulation within this block. Upon motion duly made and seconded, it was voted to accept the report and place it on file. The ebard discussed the previous vote to close the sanitary landfill on Sundays during the month of July. The Chairman We asked that a traffic count be done for this last weekend and there were 549 vehicles on Saturday and 293 vehi6 cies on Sunday The Town Engineer reports that this report is of little value in giving an accurate picture of the traffic volume as Saturday' s results are typical but Sunday' s results deviate Sanitary greatly from the predictable results as there was little traffic Landfill between II 30 a.m. and 130 p.m Sundays Mr O'Connell: My personal feeling is that the trial operation of closing on Sundays for a month would be a worthwhile experience. One thing Lexington is doing is operating 84 hours a week and no place in the state approaches this. The Chairman I , for one, wouldn't want to make the compari- son both on the use we put it to and the numbers of people using it between these hours. I think there is a misunderstanding as to why you and Mr. McSweeney recommended that it be closed on Sundays In my opinion, it is not the money as the Minute-man reported, but the scheduling of people; the employees do not want to work on Sundays Mr. O'Connell Economy was not our problem. The primary factor was the difficult problem of scheduling; the work schedule of the two men at the dump who now never get the benefit of a two^ day weekend and it is proving to be a difficult problem to get the DPW to accept this assignment, which is not the most desirable in Town Since we are the only community -that operates on Sunday, this is the day when they are subjected to maximum pressure and the most devious attempts to use our dump to get rid of outside rubbish. 5" 11 For control, we have to spend additional money to resist this pressure; this, together with the fact of the total number of hours, amounting to 84 hours, it would be practical to close one day a week and Sunday becomes the most desirable day. Mr Kenney: Sunday is a popular day for using the dump. If we guess the true number for Sunday would be 400, and if it is not a financial consideration but managerial, we should find some other ways to solve it. I think people feel strongly about it and it is an ac- commodation; I strongly want to keep it open even if we have to hire others to fill in for these fellows on Sunday. We should pay them more money for the Sunday job. The Chairman You recognize the fact that if we did that through- out the Town there would be salary chaos; we have job descriptions and you end up operating with 300 people because of one situation,on Sunday Mr Kenney I had no such intention but it could afford a finan- cial incentive for working on Sunday. I am assuming other DPW employees get time and one-half and I am not out to disrupt the operation. Mr O'Connell We have to stick with the daily work operation or we take on a bigger problem. Mr Bailey I agree with Allan, with one proviso. The use of stickers should help in solving the Sunday problem; why sell stickers if you are going to close on Sunday? I understand it is an adminis- trative problem but we ought to tackle it and solve it as an in-house problem and not pass it on to the residents. The Chairman My argument is the people, the employees; the cost doesn't bother me to provide that service but it bothers me that the employee wants Sunday off. Upon motion duly made and seconded, it was voted to rescind the vote off`.. May 17, 1971 to close the sanitary landfill on Sundays during the month of July Mr Busa was recorded in opposition. Mr O'Connell Is the Board willing to close on an alternate day? Mr. Kenney It is my understanding that the principal problem was that they didn't went to work that one day. If you close on a Tuesday, that won't alleviate the problem. Mr. O'Connell It might They say they never get a weekend off. The Chairman It is my personal feeling if they couldn't get Sunday, we stay open 7 days a week 1 think if the employee doesn't care where in the week his two days are, we can schedule around that rather than close our facility. If you close in the middle of the week, it would create more problems and, unless you post it, people will dump at the end of the gate. Mrs. Scigliano: Couldn't it be treated as extra duty and those that want it would get extra money? The Chairman We have to train people for that job; he has to be able to operate a piece of equipment around automobiles It is 5h2 not the money but the extra duty; they don't want to stay at any time We have offered the employees 2 percent extra in pay instead of 3, 4 or 5 weeks vacation and they prefer the time off Mr T.J Wilson, 73 Meriam Street, said that the only vehicle he operates is a half-ton pickup truck and would like the Board to justify to him why he has to pay five times more than his neighbor with a station wagon for rubbish of a non-commercial nature and originating on his property. The Chairman When we set the rates for permits, naturally when you look at a pickup, you would think of a possibility of having more rubbish. Your case has merit and deserves consideration. By and large, most of the pickups we issued permits to were for commer- cial facilities and in setting up the structure there were inequities in setting up the numbers and how could we differentiate? Mr Wilson I am one of those exceptions I would draw the line on-the basis of having personal trash originating on one's own property. My trash costs me mach there than iy, hetghbors 1 ask you to consider this and issue the same permit for cartage of trash to the dump The Chairman The Board will consider it and will let you know our decision Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on June 7, 1971 . The Board discussed the Field Road sewer The Chairman The Board voted to construct the sewer in Field Road and then rescinded the vote with the understanding that it would consider the alternate route if confirmatory deeds and re- lease of damages were received from the residents involved. We have received a letter of opposition from Leonard K Nashf ' II Field Road, and Misso T. Aladjem, 3 Field Road; Marian Chuan and Louise A Frey; co-owners, 7 Field Road, have signed a state- ment not in favor of granting a confirmatory deed and release of Field Rd. damages There are six residents for the alternate route and Sewer three against. Mr. Mash It seems to me there are only six people who are entitled to an opinion; some don't have easements across or on their property and 1 don't think it proper for them to vote on it. Mr. Warner, 546 Concord Avenue There is one additional resi- dent on Concord Avenue who was not solicited. Mr. Pomerantz, 552 Concord Avenue, also signed a statement as he is an interested party and would be able to connect to the alternate route just west of 546 Concord Avenue; he signed the initial statement explaining his position. One of the three residents in Field Road was against this and may wish to talk about a slight alteration of the route. Marian Chuan: After studying the blue print and discovering the way it is going, it will cut mine in half. 1 have a question about where it is located and if it is located there, I would pre- fer Field Road The Chairmen': In other words, if it is at your lot line, you wouldn't object. Our problem is that this has been pretty well exam- ined and evaluated and it is being held up. As I understand it, there are three residents against the alternate; Frey and Chuan feel it it is for that location they are opposed. Mr. Kenney Is there any possibility of moving it back towards the rear lot lines? Mr. Martin It is possible in the lower part but up above, by Aladjam's the grades are such that they cannot. The Chairman to Mr. Aladjem Would it make any difference to you if it is moved back to the rear lot line? Mr Aladjem No, it wouldn't. Mc. Mapel I shouldn't be voting on this but I should point out that I am for the alternate route. When this first came in last summer, the engineers were quite sure it would go through the back and when the plans came in it was going down Field Road. I had plans made for an addition to my house and everything was going to the back. Mr. Kenney Would it cost money to move towards the back of two lots? Mr. Martin A negligible amount of money; this route was picked gout for the least amount of damages. Mrs Frey Going through the middle of my lot, it is very close; according to your plan it is about 5 ft away from the biggest tree which is 100 years old and I don't want to damage It The Chairman I don't think anyone would want to hurt the tree. Mr. Aladjem; No one has bothered to take test borings on the back of the lot and there could be ledge and blasting may have to be done. The Chairman to Mr Martin In your estimates of the job, what approach did you take? Mr. Matrtin We first considered the fact that this proposed route is shallower and felt it would go through Aladjem and Cahn lots in an a foot cut until LeBoeuf's lot. We allowed for heavy quantities of ledge and we are aware of the fact that title fields could cause overflowing. The Chairman You took no borings? Mr Martin No borings. Mr. Kenney There would be a $13,000 saving. Mr. Martin It is realistic due to the fact that we used an estimated appraisal on Field Road. Mrs. Riff in What about the tree? Mr. Martin: We feel we can avoid damage to the tree. The Chairman I don't see any problem at this depth cut. Mr. Martin If the Board feels they would get enough from the release of damages, this is our recommendation. The Chairman I would go along with the recommendation for the alternate route to save $13,000, the alternate route being the route other than Field Road. Mr. Bailey I would point out - you aren't saving anything because of no release of damages; it gets into giving the release. I think it will balance the saving off on the rights of other people involved. Of the residents of the area, most of them we heard from were negative and very few of those on Field Road are in favor; they had come in in favor when the vote was taken. The position is clear tonight on Field Road Upon motion duly made and seconded, it was voted to Instruct the Town Engineer to install the sewer on the alternate route recommended by him going through the affected properties adjoining Field Road. Mr. Bailey was recorded in opposition. Mr. Aladjem I have written a letter asking for consideration for the sewer to stop at the Cahn lot line and mine or whether the easement should extend through the middle of our property to service Warner and Souza lets with frontages on Concord Avenue where a sewer is also contemplated. The Chairman Originally, it was my feeling to construct the sewer on Field Road because that way there would be no takings and the Town wouldn't maintain taro separate sewer laterals. It is new the opinion of the Town Engineer that this is not feasible. Mr. Aladjem: I am not suggesting it be done by the Town but privately by Souza, Warner and Pomerantz but the Town Engineer thought there would be difficulty on easements. The Chairman Mot so much easements as construction problems and cost. Mr. Aladjem They could connect and would not have to go through my lot. Mr. Souza We are willing to pay extra and pay for a private sewer. The Chairman Mr. Aladjem said you would get together and construct it privately, is this the case? Mr. Souza We understood we are not allowed to do it. The Chairman You would turn it over to the Town but pay for the actual construction. Mr. Martin It would be $20 or $25 a foot. The Chairman If the Town Engineer looks at this route, Mr. Aladjem said they were agreeable. Mr. Aladjem: I am suggesting it Mr. Souza If the choice were given to us to connect to the back, obviously we would like to do it cheaper. Mr. Warner We understand we might be violating the Town code in so doing. We do not have Mr. Pomerantz here. I am willing to grant an easement. I am net in favor of an additional cost to my- self but willing to consider it. We asked Mr. Aladjem to check it out with Mr. Pomerantz. The Chairman to Mr. Martin Where would the job start? They are talking about stopping at Mr. Cahn's lot. Mr. Martin We would start at Barberry Road 1 565 The Chairman: They are going to start at the other end We will ask the Town Engineer to look at it; I wouldn't be too hopeful ad it will be tremendously expensive. Mr Souza We hope he would as we would like to help Mr Pomerantz and Mr Aladjem Mr. Aladjem: If built right, I offer to chip in and help them out in order not to have the sewer on my property The Chairman Get together with the others Mr Warner I would like the record to Show that provided the Concord Avenue residents and Mr Aladjem agree, the alternate sewer line stop at Mr Cahn's. The Chairman No, it will show that the Town Engineer will look at it. The project will start at the other end, in the meantime, the Town Engineer will come back to the Board The Field Road residents retired from the meeting The Board discussed the Green and White land off Woburn Street Letters were read from the Planning Board, Conservation Commis- sion and the Recreation Committee The Planning Board said that it is our opinion that the site is acceptable provided that at the time of development proper engineering studies and improvements are under- taken to prevent any detrimental effect from the increased runoff and to avoid filling any more lowland than is necessary The Planning Director and the representative of the Design Advisory Committee have recommended that provisions for access from Woburn Street be secured now by some means to prevent the possibility of future problems. The Conservation Commission letter states that the site has many drawbacks and can be supported only if the taking of certain precau- Green 8 tions erre assured Of the approximately 29 acres proposed, close to White half are very low and swampy wetlands adjacent to the two arms of Land Fessenden Brook which partially enclose the central higher part of the area Even if none of this wet area were filled, sloping roofs and blacktopping of the school and its roads and parking lots would increase the water runoff considerably and care would have to be taken to prevent flooding further downstream. The Conservation Com- mission would approve use of the proposed land as a school site oily if they were supported in an adequate conservation program for the entire area between Woburn and Maple Streets. The Recreation Committee letter states that it is willing to ap- prove any measure the Board recommends providing the school site is contiguous with the existing school site and recreational property, and that adequate additional access points will be established for egress to the new school site. We understand that recreation land, as covered by Article 58, 1968 Town Meeting will be acquired with the new school site Of the two proposals, we prefer the original layout as submitted by your Board We plan to restudy the recrea- tional needs of this area as soon as the new school site is defin- itely set The Chairman Is it the feeling of the Board to take access points now or continue that when it is developed, the access be given at that time? 566 Mr. Kenney The only reason I hesitate is It might hurt their planning on the subdivision. The Chairman Our negotiations and relationship with Green and White and Mr Stevens are beyond reproach and their integrity is without question. If they tell us they will come back and talk about access, I have no qualms about working this out with them. 1 would hate to make the taking the way the land would be developed in the final analysis. Would the Board take a different approach? Mr Kenney I concur Mrs Riff in Two accesses can be worked out The Board agreed to schedule a meeting with Green and White and the Chairman will come back to the Board with their reasons for determining the alternatives The Board agreed to schedule regular meetings on July 12, 19 and 26. The LCSR membership appointments will be deferred until July 26, when Mrs Riff in returns from vacation. Mr Kenney discussed the special detail rates for Policemen It is the recommendation of Chief Corr that Patrolmen would receive S6 50; a sergeant, when acting in the capacity of a supervisor, $7.00; a lieutenant, when acting as a supervisor, $7 50; a captain, when Special acting as a supervisor, $8 00 There has been a change in a previous Duty Rates recommendation of a minimum of 4 hours being reduced to 3 hours; in- for Police- stead of 3 hours, we are substituting $20 00 minimum for special duty. men Upon motion duly made and seconded, it was voted to accept the recommendation of Chief Corr for the following special detail rates; patrolmen, $6 50; sergeant acting as supervisor; $7 00; Lieutenant acting as supervisor, $7.50; -captain, acting as supervisor, $8 00; t $20 00 minimum rate; effective July 15, 1971 The Chairman What if a function needs three men and one is a lieutenant? Mr Kenney The only time he would get the higher rate is when designated in an advisory capacity Mr O'Connell The rule is only if he is assigned by the Chief to act in a supervisory capacity involving three or more men Mr Kenney reported to the Board that a meeting will be held with Mr Nordblom and Mr Moss tomorrow on the Burlington development As you are aware, we met with some of the residents of Turning Mill Road and they are concerned that not too much time go by prior to the taking of the land authorized by Article 10. They report the best Burlington information they have is they feel that the developers are attempting Development to slow us down until House Bill 3344 is passed I told them we would report back to the Board after meeting with Mr Nordblom_and Mr Moss exactly what their attitude is I teed an official commun- ication of June 2, from Mr Moss that he has no intention of selling that land and he did question the validity of taking it 1 ) fi 6S back then The 1968 Town Meeting authorized the towns to spend $10,000 on a study and we have $250 left Each town will give out 1,000 copies of the first ten pages of the report and to town boards that are in- terested; it will be on file at the Arlington and Lexington libraries. The Board agreed to return the extra copies to the Conservation Combe i ss i on Mr Sam Silverman asked if the Board would discuss any action on the Board of Appeals case? The Chairman No, it will not be discussed in open session Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11.00 p.m A true record, Attest: l "Y 4*IveCIerktfrnfre I SPECIAL SELECTMEN'S MEETING July 9, 1971 A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Friday morning, July 9, 1971, at a 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs Riff in; Mr O'Connell, Town Manager and Mrs. McCurdy, Executive Clerk, were present. Mr Zehner, Town Treasurer, met with the Board, regarding bids re- ceived to borrow $1,600,000 in anticipation of revenue loan dated July 15, 1971 and payable November 5, 1971 . He requested the approval of the Board to award the bid We may have to borrow again in August Mr McSweeney, Town Engineer, hopes to receive the check for the Bed- ford sewer in August $100,000 in tax money I am afraid will not come until the first week in August. Chairman Cataldo When the tax rate is set next week, when will Town the first bills go out? Treasurer Mr O'Connell They will start going out August 15 and will be all out by September 15 Chairman Cataldo: We could look for some money in August Mr O'Connell They would be in small amounts. The tax rate will be lower and we may have better luck in getting the money earlier. Upon motion duly made and seconded, it was voted to award the bids on a loan in anticipation of tax revenue, in the amount of $1 ,600,000, to the following banks First National Bank of Boston $300,000 3 15% discounted First National Bank of Boston 500,000 3.20% discounted State Street Bank and Trust Co 600,000 3 19% discounted Lexington Trust Company 200,000 3.23% discounted The Chairman informed the Board that he had been visited by Mrs Cicero regarding the Lexington Summer Cooperative Program. I re- Summer ceived a call yesterday from Mrs Krensky regarding an emergency Co-op meeting to be held on Monday morning at B•00 a.m. at Mrs. Otis Program Brown' s home. They would like a member of the Board to be present. Mr. Busa was the only member of the Board able to attend if the meeting is held at 8 00 a.m. The Chairman informed the Board that Mrs Johansen, 19 Demar Road, had called regarding a meeting of the Tri Town organization on House the land at Turning Mill Road and the Burlington Town line; they Bill 3344 would like to meet with a member of the Board Burling- Mr Kenney is to conduct the meetin on next Monday evening at ton Land 7:00 p.m. before the regular Selectmen's meeting. 570 Mr Kenney We have not received a letter from Mr Moss. I talked with Mr O'Connell and asked him to call Mr. Moss and Mr Nordblom. The Board agreed that Mr. O'Connell is to contact Mr. Nordblom. The Board discussed the Central Block. Mrs Riff in Could any member of the Board meet informally with the Historic Districts Commission? Chairman Catalde. Is it your position to be opposed? Mr Bailey I would not personally vote for this Board to go on record as opposing the building at 15 ft Mrs. Riff in Our position was that we support the building at 21 ft and this is a matter of political persuasion rather than straight opposition. Chairman Cataldo I have two questions ( I) How do you inter- Central pret the Town Meeting vote? (2) What happens if they set the building Block back and we go back to Town Meeting? Mrs Riff in They would own the land Chairman Cataldo- My feeling is that they would have this pre- sented in such a way that they interpret it that we are opposing it. I , for 'one, would not want to hold the building up Mr. Bailey and Mrs. Riff in agreed. Mr Kenney While we do not oppose the building, we would not like to see a time lag. They are going to go along with this volun- tarily not fight it. Mrs Riff in That was my intention when I went to see Mr Giroux. Mr. Bailey If we had our choice, it would be back 5 or 6 ft Chairman Cataldo• I will be at the meeting on next Wednesday and I will tell him that we do not want to hold the building up The Board agreed Upon motion duly made and seconded, it was voted to adjourn at 9:35 a.m A true record, Attest � ,. e_ Executive Clerk, Selectme 1 X571 SELECTMEN'S MEETING July 12, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, July 12, 1971, at 7 30 p.m Chairman Cataido, Messrs. Kenney, Bailey and Buse; Mr Legro, Town Counsel; Mr O'Connell, Town Manager, Mr. McSweeney, Town Engineer and Assistant Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present The Board of Selectmen met informally with the following resi- dents of the Turning Mill Road area Tri Town Civic Association Nicholas K. Demas 19 Partridge Road Susan L Johansen 19 Darner Road Henry Novak 53 Turning Mill Road Turning Donald A Taylor 15 Partridge Road Mill Rd. - Barbara J. Meade 26 Partridge Road Bill 3344" A Lee Whitman, Jr. 31 Turning Mill Road it was the feeling of the residents that a taking should be made immediately before House Bill 3344 was passed or acted upon. They also felt that the Board should take a position of opposing passage of this bill in the Senate The Board agreed to make some of their own evaluations on the whole issue but, in the meantime, assemble the necessary information to make the takings if they finally decide to do so. Also, the Board agreed to schedule a meeting with Mr Steeves to discuss the granting of a Conservation easement over his property in this area Mr James W McDevitt, 17 Hamilton Road, presented a flag to the Board and said that he would like to donate it to the Town in memory of his brother Who was killed overseas during World War II McDevitt and this particular flag was on his brother' s casket when his body Flag was returned home. In behalf of the Board, the Chairman accepted the flag and as- sured Mr. McDevitt that the flag would be treated reverently Mr Legro requested the Board to sign the contract for the leasing of voting machines; the contract is in proper form Voting Upon motion duly made and seconded, it was voted to sign the Machine contract for the leasing of five voting machines with the Automatic Contract Voting Machine Corporation Mr Legro requested the Board to sign the exercise of option for Harrington the Harrl3ngtiorf property, owned by the First Parish Church of Lexing- Property ton Option 572 Upon motion duly made and seconded, it was voted to sign the exercise of option for the Harrington property, owned by the First Parish Church, Lexington Mr. O'Connell informed the Board that eight bids had been re- ceived for the construction of sewers for this year's project; the Sewer three' lowest bidders are J.M Lucente Company, Lexington, Contract $160,969 05; Center Construction Corp., Canton, $173,580.50; T.D Sullivan & Sons, Newton Highlands, $187,350 00 The authority for this is in Article 20 and I recommend that the Board vote to award to the low bidder, J.M Lucente Company in the amount of $160,969 05. Upon motion duly made and seconded, it was voted to award Con- tract 70-7-E for sanitary sewer construction to J.M Lucente Company, 9 Hilltop Avenue, Lexington, in the amount of $160,969,05. Mr O'Connell informed the Board that four bids had been re- ceived for the installation of traffic signals; the three lowest Traffic bidders are; New England Traffic Signals, Inc , Winthrop, Signal $13,965 00; Morse Bros Electrical Co , Inc , Worcester, $14,483 75; Installa- R W. LeBaron, Waltham, $15,927.00. I recommend, and the Town Engi- tion neer concurs, that the contract be awarded to New England Traffic Signals, Inc. Upon motion duly made and seconded, it was voted to award Con- tract 70-8-E for the installation of traffic signals to New England Traffic Signals, Inc., Winthrop, in the amount of $13,965.00. Mr O'Connell informed the Board that he had received a letter today from Mrs. McGonagle of the Red Cross requesting permission Bloodmobile for a bloodmobile on Sunday, August I , from 12 00 N to 4:00 p.m.; the bloodmobile would be parked beside the Red Cross Building. The Chairman pointed out that church services would be held in the area and recommended that the hours be from 1 00 p.m to - 5 00 p.m. Mr O'Connell is to talk with Mrs McGonagle and come back to the Board Resignation Mr O'Connell informed the Board that Richard Soule has resigned Regional from the Regional Refuse Committee Mr Whalon called me relative Refuse to his replacement and if it is the Board' s pleasure, I will get in Committee touch with the Moderator, who is the appointing officer The Board agreed that Mr O'Connell is to talk with Mr Cole, Moderator Mr O'Connell informed the Board that he had been visited by a young man who would like to clean up the corner of Middle Street and Clean-up Marrett Road; he is Gerald Knopf, 9 Middle Street, a newcomer to the Project Town and is joining Boy Scout Troop 193. He assured me that he would keep it clean all summer Funds for his project would be col- lected from the neighborhood. Mr. O'Connell is to check into the matter 111 is The Chairman read a letter of resignation from Mrs Lois Brown as observer to the Suburban intertown Liaison Committee and recom- mending the appointment of Thomas F Costello, a member of the Planning Board, as the new observer Upon motion duly made and seconded, it was voted to accept the SILC resignation of Mrs Lois W Brown as observer to the Suburban Inter- Observer town Liaison Committee. Upon motion duly made and seconded, it was voted to appoint Thomas F Costello as an observer to the Suburban intertown Liaison Committee The Chairman read a request from Mrs Rhona Gateman for permis- sion to hold a square dance at her residence at 231 Worthen Road, on Saturday, August 7, from 8 30 p.m. to 12 00 M Permit The Board agreed to inform Mrs Gateman that it has no objection but would restrict the time to no later than• II 00 p.m and the rules and regulations regarding noise are to be observed The Chairman read a letter from Dr Virginia Ross nominating Dr Manfred Friedman and Mrs Sue Solomon as members of the Conserva- tion Commission Conservation: The Board agreed to inform Dr Ross that the Town Manager makes Commission the appointments to the Commission with the approval of the •Board of Selectmen and her recommendations will be considered when the nomina- 1 tions are made The Chairman read a letter from the First Communications Com- pany of Maryland requesting a meeting with the Board to discuss Cable TIN. Cable T.Y. The Board agreed to inform the First Communications Company that much legislation has been filed and, until the situation is clarified, no determination will be made in this area. The Chairman read an invitation from MBIA for a tour of old and new facilities on Tuesday, July 27, at 9 30 a.m to 130 p.m., MBTA starting at Riverside Station, Newton No member of the Board is able to attend The Chairman read a letter from the State Department of Public Works informing us that the Commissioners have assigned, subject to Legislative appropriation, the sum of $2,000 for the maintenance of Chapter 90 Chapter 90 roads in Lexington, on condition that at least $2,000 shall be contributed by the Town and $2,000 by the County. Also the sum of $29,700 for the improvement of East Street, Spring Street, Worthen Road in Lexington, on condition that at least $14,850 shall be contributed by the Town and $14,850 by the County. The Chairman read a letter from Walter R Ellis, 3 Hill Street, suggesting that the Vietnam Veterans Against the War be invited back VYAW 111 to Lexington next Memorial Day 574 The Board agreed to reply to Mr. Ellis that the Town Celebra- tions Committee is responsible for Memorial Day activities. Upon motion duly made and seconded, it was voted to approve Jurors the list of jurors, as submitted for 1971 - 1972. Upon motion duly made and seconded, it was voted to appoint the Election Officers for 1971- 1972, as follows ELECTION OFFICERS 1971 - 1972 DEMOCRATS REPIJBL I CANS Mrs Mary C. Casey Mrs Edna R Anderson 22 Valley Road 21 Leonard Road Mrs Elizabeth F Downey Mrs. Florence M. Downe 1 Stimson Avenue 112 Bedford Street Mrs Mary J Ferry Mrs Mary E Clifford 50 Downing Road 54 Chase Avenue Mrs Eileen J Fradette Mrs Ilda J Field 35 Grapevine Avenue 30 Chase Avenue Mr. Michael Lovezzola Mrs Ida 8 Fisk 7 Captain Parker Arms 10 Spencer Street Election Mrs Edna F. Marshall Mrs Rose J Grant Officer 110 Woburn Street 16 Hillcrest Avenue Mrs. Margaret S Magner Mrs Agnes Heimlich 259 Woburn Street 796 Massachusetts Avenue Mr. Henry P. Meade Mrs Sally S Hooper I7C lr Roger Greeley Village 282 Bedford Street Mrs Marjorie Modoono Mrs Mary F Irwin 285 Woburn Street 20 Clarke Street Mrs. Mary G Oliver Mrs Alice GMarshall 610 Waltham Street 9 Independence Avenue Mrs Alice Lillian Osgood Mrs Mary G McCauley 537 Marrett Road 75 Spring Street Mrs Helen L Perry Mrs Dolores M. Swan 16 Ellison Road 24 Bedford Street 1 0 4 'Mrs Randall W Richards Mrs Virginia M Warner 67 Farmcrest Avenue 71 Adams Street Mr Joseph 0 Rooney Mrs Margaret S Wilson 222 Waltham Street 103 Meriam Street Mrs Mary V Spencer Mrs Marjorie E. Wirpio 3 Cary Avenue 22 Bartlett Avenue Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Sewer Orders Partridge Road from house numbers 20 and 21 to 27 and 28; a distance of 610 ft , more or less Partridge Road from house numbers 8 and 9 to 18 and 19; a distance of 690 ft., more or less. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen' s meeting held on June 21 and June 28, 1971 The Chairman read a report from the Town Engineer regarding the Field Road sewer easements, stating that he had discussed the route behind the houses on Concord Avenue with the respective owners and had informed them that the route proposed to be privately built and financed in the rear of Concord Avenue is unacceptable under any conditions for the following reasons i The high costs and difficulty of construction that made this route prohibitive for the town are not affected by whether the town Five builds it or a private party Fields Sewer 2 Maintenance of this proposed sewer would be difficult at best, due to lack of a suitable access route 3. Should they obtain approval of this route and then abandon it, for reasons discussed in item one, there would be no way to sewer these properties even though they are bettered 4 In order not to delay the contractor any more than we already have, and considering the amount of time involved in drawing up the necessary legal documents, we feel the easement should be finalized as soon as possible. At this point it is our intent to prepare the necessary informa- tion for Town Counsel to draw up the orders on the basis of the original alternate proposal . The Chairman: Mr McSweeney informs us that their proposed route is much more costly and he recommends the route go through Mr Aladjem' s property to Mr Wanner. 57 (i Upon motion duly made and seconded, it was voted to instruct the Town Engineer to construct the sewer through Mr Aladjem's property, as recommended by the Town Engineer The Chairman read a letter from David F. Dickerson of the Dis- abled American Veterans, Cambridge Chapter 16, requesting the pur- chase of an acre of land in the Valley Road area Tax Title The Board agreed to reply tO Mr Dickerson that the usual request is for a specific parcel and, to our knowledge, there is nothing available at this time; however, the Board will investigate the situation to see if there are any lots the Board would consider selling The Chairman read a letter from John Deane, 32 Independence Avenue, claiming that two dog violations were sent to him in error and the violations could possibly involve another dog in the neigh- borhood. Also, that the law states the dog must be brought to the owner to press charges The Chairman read a report from the Dog Officer that he had picked up the Deane dog six months ago and had brought himl:bome, requesting that the sum of $5.00 be paid in order to release the dog Mrs. Deane refused to pay it and the Dog Officer gave her the dog but said he would give her a summons into court for the next violation. On June 20, he had received a call from a neighbor that the Deane dog was out and it was always chasing kids; there was no answer at the Deane home, and he wrote out a citation On Deane Dog June 22, he received another call from the neighbor that the Deane dog was out again; he sent the dog home and wrote up an- other citation. He had checked with the County Dog Officer who said that no Dog Officer has to go to a home and inform the owner that he is writing up a citation; he also said that if our Town Ordinance does not state that the owner must be informed before a citation is issued, Mr Deane would have to prove he was not in violation. The Board agreed to return the two citations to Mr Deane stating that the Dog Officer has complied with the statute in the manner of the issuance of these citations and, if Mr Deane feels the citations are not justified, to contact the Clerk of Courts in Concord Mr Kingston Howard, Chairman of the 1975 Celebrations Com- mittee, met with the Board Mr Howard Mr. O'Connell and I have had a couple of meetings 1975 since my appointment The thinking expressed by Mr O'Connell in Celebration his report to the Board regarding a 1975 Committee is comparable Committee to the thinking I arrived at independently. Mr O'Connell and I have not gone beyond discussing the philosophy, time schedule and overall composition of the Committee and, prior to going any fur- ther, I think there are three areas 1 would like to explore: I 577 I) the composition of the Committee 2) the term of the appointment 3) specific individuals, if that is appropriate at this time I have no discussion of anyone outside relative to these matters but Mr O'Connell and I think it should be streamlined to provide for a nine member committee with a formal Chairman and Executive Secretary and to have specific functions for facilities for the celebration, adminis- tration and finance, public relations and liaison. This Committee should operate in two important phases, first on planning second on the execution Because of the length of time between now and the end of the eedebtat€.em 1:n• 5975; we anticipate a significant turnover in people Importantly, we feel perhaps there are two different types of people possibly appropriate for the different phases and, further- more, it may be true that some members would tire during the first stage and it would be appropriate to replace them with fresh people The recommendation is, including the general Chairman, for a term to June I, 1973 on the first phase .and to December 31, 1975 on phase 2, or when the final report is submitted to the Board of Selectmen The Chairman You don't think the terms should be staggered in any way? Mr. Howard I hadn't considered that; I only considered in view of the split. The Chairman Continuity is very important; a lot of people go to a point and get off Mr Howard: I felt the thrust would be between now and 1973 for planning and the rest for execution The Chairman With the two terms, either somebody has to go the full route or not at all ; I think there should be some continuity It would be bad if the majority left us in 1973, so you should con- sider staggering the terms, especially in your top people. Mr Howard I would like to table this; as long as the overall concept is acceptable, this item could be tabled Do you wish me to go into the subject of specific individuals or would it be more appro- priate for the Selectmen to give suggestions? The Chairman It is a two-way street; you give us a list and we will make our dents and add to the list We will schedule another meeting in the near future and discuss this and make the final appoint- ments, which should be made by September You have good categories, is there some description as to who goes to what point? I think you have to have description as to what point the category goes and what authority Mr Howard The first phase is pretty much a bare bone committee and 1 am not worried about this group but later at some point in time we must break and divide the responsibility in administration and finance The Chairman 1 think if you get a good man, he wants to know his limits and would be zealous of his responsibility; if we go into the basics in the beginning, we would solve the problems. Mr Kenney asked about an advisory group. Mr Howard My reaction is that there are a number of senior 1 57 � citizens who have demonstrated their interest and willingness to help and I know who they are. If others come along, I would like to work with them on an individual basis and utilize their energy. At this point, 1 prefer not to formalize, We know the pressures that will mount and many citizens will have some recognition as far as the pro- gram and I would like to rely on these sincere and helpful people rather than formalize it Later, there would be a useful, specific purpose. The Chairman Do you want to submit a list to us? Mr. Howard I don't have it but I will give it to.Mr,r.O'Connell. The Chairman With you as the general Chairman, it will be a tremendous responsibility and you want the best people that are avail- able and with whom you can work Mr O'Connell gave Mr Howard a report of a regional meeting of the State Bicentennial Legislative Committee and included was an item on State approval of a Commission that legislation is now being drafted allowing cities and towns to accrue funds and when it is a law, it will relieve local committees All we poave to have is a Town Meeting Article. Mr. Howard retired from the Meeting, with the understanding that he will meet with the Board in the near future. Mr Mollo-Christensen was recognized and said that the Minutemen Regional Vocational Technical School Committee is planning to come back to the 12-member towns next fall with a request for money for a site and architectural plans. First, the Committee will vote to in- cur a debt of approximately SI M total ; within thirty days of that vote, the Boards of Selectmen in the different towns will have an Minuteman opportunity to disapprove or call a Town Meeting to disapprove; if Vocational none of the Towns disapprove, the Regional District Committee can Technical then incur the debt These planning costs, less the site acquisi- Committee tion costs, are reimbursable. If the construction contract is signed within a specific number of months, it means that all we are asking the Towns is to approve the School Committee incurring debts to buy a site; the site costs wilt be assessed on the Towns The planning costs are reimbursable by the State; therefore, they will net be assessed to the Towns. The School Committee is authorized to incur debts; the interest of that debt will be assessed on the towns. We would very much like to know if there is a plan for a Town Meeting in the Fall so we can accommodate our vote to fit within 30 days or less before a Town Meeting. If that is impossible, if the Town planned a September Town Meeting, it is possible to draw an article on the Warrant before the School Committee votes, which gives a sense of the Town Meeting; they will not object to approving of our vote The Chairman Right now, we have no plans for a Town Meeting; there is no purpose on the horizon to call a meeting this fall Mr Mollo-Christensen The Regional School Committee would like to proceed as fast as possible. The Chairman Set forth to us in a report where you are at, )7y with details as far as costs, location, etc , and is it necessary for Town Meeting sanction or the sanction of the Board of Selectmen. Then, we will meet with you Mr Mollo-Christensen I will do so. As far as discussion of sites is concerned I would like an opportunity to talk with the Board in executive session. Mr Mollo-Christensen retired from the meeting The Board discussed the Traffic Committee reports The Traffic Committee had discussed the request of Dr. Wilkinson to prohibit parking in front of the Central Block on Massachusetts Avenue and it was the unanimous opinion of the Committee that - 1 An additional travel lane be added in the northwesterly direction by eliminating the parking spaces as they are now located. 2 The necessary action be taken to effect the land exchange and Traffic as soon as practicable thereafter, make a legal layout of the widened Central Massachusetts Avenue between Depot Square and Meriam Street Block 3. Parking along Depot Square, Massachusetts Avenue and Meriam be prohibited temporarily as required for the reconstruction The temporary elimination of parking can be enforced by the Police Department as necessary and requires no vote to amend the Traffic Rules. The ultimate decision as to parking after the street widening and the new construction depend on the street design, width of sidewalk and other factors and no recommendation can be made regarding it at this time. The Traffic Committee report on the request of the Cary Memorial Library Trustees for the Selectmen to reconsider the new location in front'of the Library states that it is the unanimous opinion of the Traffic Committee that the present bus stop location in front of the Cary Cary Library is functioning well and should not be changed Another Library review may be appropriate after the library, the Central Block, Bus Stop Massachusetts Avenue, Clarke Street and the site of the Harrington House are redesigned and reconstructed Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee not to change the location of the bus stop in front of Cary Memorial Library The Chairman read a report from the Town Engineer in response to complaint from Mr Bonneli , 5 Coolidge Avenue, regarding the slope of Complaint the sidewalk at the intersection of Adams Street and Coolidge Avenue Sidewalk The report states that this sidewalk was constructed under con- at Adams tract by the Engineering Department in 1969 and is presently being Street & reconstructed by the Telephone Company following installation of a Coolidge telephone duct in the Adams Street portion We agree that the orig- inal construction was not geometrically ideal at this intersection 5MU but we believe this condition can be substantially relieved by the installation of granite curb en the corner radius by the Public Works Department, under our highway maintenance program subject to the approval of the Board. Mr Bailey The Telephone Company put the sidewalks back in two or three weeks ago. Mr. McSweeney All we would do would be to take the reverse slope out The Chairman You are saying that the installation of the curb radius would help but not solve the problem. Mr McSweeney Yes, it is a rolling situation. Upon motion duly made and seconded, it was voted to accept the Town Engineer's recommendation and to instruct the Acting Superin- tendent of Public Works to install the curbing at the intersection of Adams Street and Coolidge Avenue. Upon motion duly made and seconded, it was voted' to sign water abatements for the following Clifford Phelan -25 Estabrook Road $ 25 55 Owner sent in wrong reading Lelia M Peons -15 Emerald Street 57.22 Owner sent in wrong reading Tony Venuti -395 Lincoln Street 8 75 Water off Roger T Westcott - 3 Foster Road it 63 Wrong reading by Meter Man Robert M Richardson-24 Vinebrook Road 27.24 Wrong reading_seft in N.E Construction -27 Muzzey Street 1541 .44 Wrong reading sent in Abatements John Schumacker -51 Harding Road 8.75 Water offfil Gordon Buchanan 715 Red Coat Lane 29.76 Wrong reading sent in James M. Chartienitz-31 Brandon Street 4 90 Wrong reading by Meter Man Frank DiRocco -18 Sanderson Road 8 04 Wrong billing Pasquale Luongo -82 Buckman Drive 8 75 Water off Barney Reiffen -26 Peacock Farm Rd 64.40 Owner sent wrong-reading James Catalano -643 Waltham Street 40 50 Wrong reading by Meter Man The Chairman said that we received a letter from the Community Nursery School that they had been informed that their free standing Community sign is on Town property and been requested to move it within their Nursery boundary and to submit an appeal to the Board of Appeals for permi.s- School sion to maintain a free standing sign. However, we have been unable Sign to find a satisfactory new location and if the sign is moved from its present location it will be extremely difficult for new parents visit- ing the school to find it We would like to request that the Select- men give us special permission to keep bbr sign in its present location The Chairman read a report from the Town Engineer that the sign is located on the 4 ft. grass strip between the edge of the travelled way and the sidewalk; the signpost is approximately 12 5 ft into the public way from the sideline of the street and the rod iron hanger from which the sign is hung is directly on line with the edge of the travelled way at its extremity. By allowing a sign to be located on a public way, the Town would have to assume any liability created by the sign, such as vehicular and pedestrian accidents, snowplowing, etc { 581 q 1 Upon motion duly made and seconded, it was voted to deny the re- quest of the Community Nursery School to keep the sign in its present location on Town property The Chairman informed the Board that Mr McSweeney and Mrs. Brown attended a meeting held two weeks ago by the Suburban lntertown Liaison Committee and they are looking for the Board' s attitude and feeling on the Hanscom Circumferential road Who, in Lexington, proposed this? Mr. McSweeney: Mr Rader did The Chairman As far as we know, no one from this Town has pro- posed any segment of this. Mrs Brown came in to see me and I said that under no conditions would we support this kind of a road until we get our access road onto Route 128 It is my concern that in no way do we want to Jeopardize us getting the access road We would support the circumferential road on the western part but I would be against this and informed Mrs Brown Mr Bailey There is no question the access road has top prior- ity to the interchange The Chairman 1 think the Board should know that Charles Whitcomb resigned and retired and now our battle is starting over Hanscom again and nobody knows what is going on. Taking this into considera- Circumfer- tion, 1 am not about to support this as they could end up coming ential Road down Maguire Road and dump the traffic onto Bedford Street Mr McSweeney: It is primarily for the traffic in Concord Center and Route 62 in Bedford They picked up ideas from people and Mr. Rader The Chairman Keep in mind that Mr Rader is from Concord The Chairman to Mr. McSweeney In your letter to Mr Rader make it clear that we propose no roads at any points; we have net proposed any segments of this road as he said in his letter. Mr McSweeney: Because they compiled the various thoughts of everybody, they used our Hartwell Avenue The other step they are looking for is they feel if they have unity, they can go to Metro- politan Area Planning Committee and then to Whitcomb, and I explained that they are not at the stage we were three years ago. The Chairman We have nothing to gain by getting involved We get maximum federal aid and if we supported this, we could lose an- other five years Under no conditions will I vote to support this until we get our problems resolved We have nothing to gain except thousands of automobiles dumped on Hartwell Avenue. We would fight it tooth and nail We would be serving the Town better by fighting than supporting them This is my position We shouldn't foul it up at this late date Mr. McSweeney Also realize if this should go and be adopted by three of these towns, we should be careful of the intersection that what eventually comes into Maguire Road will end up on Hartwell Avenue The Chairman Think what would happen if they get this and we get nothing. -L 58`2 Mr. McSweeney We don't know the feeling of the federal govern- ment on this The Chairman This is the expressed reason we stayed out of this organization (SILC) because their problems are exactly opposite to ours Look at the Airport situation. We just have nothing to gain and everything to lose. They have everything to gain by dump- ing the traffic right down here,. If we get our access road, if and a, when, then we take the next step; especially with the problems we are faced with in there. If we get our access road resolved, we don't want to get involved with tying in other roads in the Hartwell Avenue area Mr. McSweeney: Are you closing the door? The Chairman: Until we get the access road resolved, we are not willing to sit and design a circumferential road until we know what the development of the area is, etc Mr McSweeney: If each Board agreed, we would have to come back for "x" number of dollars and Town Meeting approval The Chairman: As far as I am concerned, let them know in very plain language and let our observer, Mr Costello, know our feelings so he will understand our position. Mr Bailey I agree Mr Kenney to Mr. McSweeney: Assume you get your access road now, how do you feel about this? Mr McSweeney We haven't finished the project planning yet but we are a long way down the path. We still have time to have them join us afterwards, The Board agreed not to support the Hanscom Circumferential Road Top priority would be our access road to be approved and constructed before supporting any other type road in this area. Representative Cole met with the Board He said that he checks with Massport Director King on a weekly basis regarding Bedford Air- port and, as usual, there is no major expansion plan for Hanscom Hanscom going on now. Field The Chairman This is as we understood it Mr Cole: For the record, I would like people to understand there is not going to be an expansion plan The Chairman The Board is against the Governor's tax bill You would vote to tax industry? Mr Cole: This is the wrong year to be taxing industry; if -+fou tax industry, the tax will be included in the product the little ley buys Mr Cole is to send copies of the tax plan to the Board. Mr. O'Connell informed Mr Cole that Richard Soule has resigned Resignation from the Regional Refuse Committee and as the Moderator for the Town, Mr Cole is to make the new appointment to the Committee. Mr Cole agreed 583 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at II 00 p.m. A true record, Attest 1 t 7)7 Ex cutive Clerk, Selectmen r I 1l7`t SELECTMEN' S MEETING July 19, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, July 19, 1971 , at 7:30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse; Mr O'Connell, Town Manager; Mr McSweeney, Town Enginieer ar4d Acting Superintendent of Pablic Works and Mrs McCurdy, Executive Clerk, were present Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate one pole on Rawson Avenue Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr. Pratt of the Boston Edison Company was present and said that Rawson Ave the petition for the relocation of the pole was at the request of the Pole Town for widening of the street Location No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company and the New England Telephone Company for the following location Rawson Avenue, southwesterly side, approximately 5 feet northwest of Albemarle Avenue, -- One ( I) pole (One existing JO pole to be removed) Mr O'Connell requested that the Board approve a transfer from the Reserve Fund in the amount of $773 to complete the relocation work necessary in connection with the Town Office Building We have $737 left in the appropriation and the amount requested will be used for additional rental of the Selectmen's and Engineering trailers, disconnection of temporary electrical services in trailers Transfer and Cary Building, moving billing machines and large equipment by professional movers, and miscellaneous relocation expense Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to the Town Office Building Relocation Expense-Article 33 of the 1970 Annual Town Meeting, in the amount of $773. Mr O'Connell reported that the general contract work on the Town Office Building will be substantially complete by August I, as called for in the contract Additional work, not part of the general contract (primarily floor covering and telephone system) will be com- pleted by late August Re-occupancy is expected in September Mr O'Connell informed the Board that he had talked with Mrs McGonagle about the Red Cross bloodmobile on Sunday, August I , and Bloodmobile she indicated that if it is the Board's desire to have it from 100 p.m. to 5 00 p.m , she will go along with those hours but the original request for 12:00 N was in the expectation of the possibility of hav- ing blood doners who were returning from church services. Upon motion duly made and seconded, it was voted to grant permis- sion to the Red Cross for a bloodmobile on Sunday, August I, from 12 00 N to 4 00 p.m. Mr O'Connell gave the Board a list of nominees for the 1975 Cele- brations Committee, as submitted by Kingston Howard, Chairman of the 1975 Comm Committee The Board will discuss the appointments as soon as the duties and responsibilities are received from Mr Howard. Mr. John McPhee and Mr William Hamm of the Boston Edison Company met with the Board. Boston The Chairman We have asked you to meet with us to get some Edison answers on why we were unable to get prompt service on July 1 when a live wire was down on Massachusetts Avenue. The last time we had the blackout, we had the problems throughout the night We scheduled a meeting with Boston Edison and thought we had worked it out that when we had electrical failures we would get some answers for help and restoration of service On July I , when the Police Officer in charge called, he couldn't get through to the dispatcher If I hadn't come back into Town and called Mr Jones at his house, we would not have received service. I thought we had extended ourselves to work out a system where that wouldn't happen I have the report here and we had a wire down, in full flame on Massachusetts Avenue for over three hours We understand your problem in manpower and we are not saying you should come in ten minutes but we should have had an answer as to when the crew was coming Mr Hamm We have four emergency numbers for you to call The Chairman We tried them all . The only way we got service wasewhen I called Mr. Jones Every time the fellow at Edison answered, he said the dispatcher was busy and the fellow in charge was busy I came back in Town at 9.00 p.m and that was the stock answer 1 called Mr. Jones and got an answer back in ten minutes and a truck was here in 20 minutes My point is that no one at this level should have to get in that situation where 1 have to call Mr. Jones to get service. That wire was aflame and there was a cruiser at one end and a police officer at the other end We don't intend to put up with this; we thought we had an understanding the last time. We must do something when the police call and explain how bad it is and get some- one out here. We didn't get power back until after 1 00 a.m Mr Hamm• These four numbers ring in dispatcher headquarters and we always have people there I have no explanation; when the police explain that it is an emergency, I can't explain why this happened and it is not right and we certainly will investigate as to who was on duty. If these four emergency numbers are all tied up, there is someone to answer there in responsible charge The Chairman His answer was that we don't know when we can get out there; when the police asked to talk to his supervisor, he said he Was busy This wire was down at 7 20 p.m and it was_after 9 00 p.m when I got into Town. Mr Hamm We were aware that the wire was down and John McPhee is responsible for line forces We did have trouble en route; when I 86 the truck was on its way, it was diverted by the Police Chief at the Carlisle line and he called us to let us know he wasn't continuing on to Lexington to help The Chairman: That doesn't help us Mr. Hamm Yes, when we get an emergency call on these lines, and they are strictly emergency calls they should respond. The Chairman It creates problems for us. We had two cruisers and four men out and our department is not that big to tie it up at that hour of night Something that big could have beeen avoided. Going back isn't going to help us but we should have something worked out to avoid this happening again. Mr McPhee Can we come back to you at a later date? l can't make any promises. The tie-up is unusual but that doesn't excuse it I think we have to work something out to my satisfaction and yours The Chairman The first thing is, we want some answers Mr McPhee Yes, we owe you people some kind of an answer and we will get some information. The Chairman: We can't let this sort of thing go on When you get the information, Please call Mr. O'Connell . Mr McPhee and Mr Hamm agreed and retired from the meeting. The Chairman read a letter from Mrs. Howard Asarkof, 21 Hastings Road, regarding the Lions Club carnival on July 4th and the problems with youths in her neighborhood. The Chairman Our answer to Mrs Asarkof is that we all recog- nize the situation does:exist throughout that whole area Mr Lions O'Connell has scheduled a meeting to discuss the problems of this Club event and, after the meeting, he will present some recommendations Carnival to the Board Mr O'Connell 1 wrote to the Lions Club and summarized the types and numbers of complaints received and what the police depart- ment assessment is regarding this year's carnival and they are ready to sit down with Chief Corr, Mr. McSweeney and me to discuss it Afterwards, the Board would want a review and possibly a meeting with the Lions Club There is no question that, this year, the problem grew with the size of the crowd, and the behavior of the citizens' groups as the carnival was a natural thing to bring them there The Board agreed to answer Mrs Asarkof that the Board will re- view the situation after the meeting with the Lions Club The Chairman read a recommendation from the Planning Board regard- ing the sale of lots 61 and 62 Hickory Street to L Guadagnino. The Lots 61-62 Planning Board recommends against the sale of lot 62 for the following Hickory St reasons: I The Selectmen stated at Town Meeting when the rezoning or transfer of Meagherville land was discussed, that they would not sell any of the Meagherville tax title land until an overall plan is evolved and appropriate parts of it voted by the Town 5 g7 2. The lots in question are a part of the school site voted under Article 45 of the I963 'Town Meeting 3 Lot 61 is not owned by the Town according to our records and there is no assurance that the present owner will sell it to Mr Guadagnino (or to anyone else) Without lot 61, lot 62 is too small to accommodate a house with a 30 ft setback from Garfield Street. Lot 61 is not a building lot because it has no proper access, inasmuch as Hickory Street is a paper street Upon motion duly made and seconded, it was voted to accept the recommendation of the Planning Board regarding lots 61 and 62 Hickory Street, and to so inform Mr Harvey W Newgent, agent for L Guadagnino. The Chairman said that an application for Cary Hall has bee re- ceived from Lynx Workshops, in conjunction with the Lexington Summer Co-op Program, to hold a film festival series throughout the summer and tentatively through the winter. This is a specific request for Friday, July 23, from 8:30 p.m. to 11 :30 p.m., to show three films, with an admission charge of SI 00. Miss Mary Brunn, applicant, was present at the meeting The Chairman How many people do you expect? Miss Brunn No more than 200 The Chairman; Is that a realistic estimate? Depending on the number of people there would determine the number of police officers assigned and there is a $20 minimum fee Miss Brunn We had a dance and had a response of about 200; I would say probably between 100 and 200 people. We are going to show three films and there would be no refreshments Cary Hall The Chairman Is this for the purpose of raising money? Lynes Miss Brunn This is especially for something for the kids in Workshop town; we also need money to have a workshop which would be open to kids. The Chairman If the primary purpose was to make money, you aren't going to make any. Miss Brunn As far as police being necessary, it is difficult to give the number of how many kids will be there If therewas a chance that we were surprised and more kids came, would it be possible to get in touch with the police that we would need some help? The Chairman Details are assigned in advance and to get another one at 8 30 on .a Saturday night would be next to impossible. Miss Brunn We could also get 400 people Maybe we could talk to him (Chief Corr) The Chairman If he is willing to have one stand by and come down, fine. The charges are $35 for the hall, custodian fee of $4.25 per hour, and a police officer for $6 50 per hour or a minimum of $20. Miss Brunn Is the purpose of the police officer to protect the young people who are running it from intruders? Is it possible among the members of the group that some nice, big boys could police it? 588 The Chairman Mo; this is a requirement of public safety; there should also be a fireman there according to the safety regulations. Upon motion duly made and seconded, it was voted to grant permis- sion to Lynx Workshops for the use of Cary Hall on Friday, July 23, 1971 , from 8 30 p.m. to II 30 p.m. subject to restrictions. The Chairman read a letter from Frank I . Michelman concerning House Bills 1870 and 5699 Building Code. H1870- The Chairman Mr Cole informed me that the bills were being M5699 redrafted and I wrote to Mr Michelman that we would withhold our sup- port until we saw a redraft He has submitted a redraft The Board unanimously agreed that further evaluation and inform- ation is needed before a position is taken, and will so inform Mr Michelman. Upon motion duly made and seconded, it was voted to sign a livery Livery license for Frank J Graziano, 187 Burlington Street, expiring December License 31, 1971 The Chairman read a recommendation from the Planning Board of pay- ment of $6, 165 .30 to Partridge Associates for Minute Man Highlands, Section IV subdivision, for extra work and materials An invoice had been submitted by Partridge Associates and verified by the Town Engineer of the extra cost incurred of $3,098 05 and, in addition, the Town Engi- neer recommends the release and payment of the amount retained from previous billing equal to 20 percent thereof or $3,067.25 The Chairman to Mr McSweeney Should we make this payment even though that section of Worthen Road has not been accepted by Town Meet- Partridge ung? Can they shut that road off? Associates Mr McSweeney It is an unaccepted street but is still open to Payment public travel in the subdivision This is a follow-up on the extra width, and payment should be made on that basis The bond was released a couple of weeks ago. They can't shut that street off. The Chairman If you remember, it was done before when they wouldn't let us into Bowman. Mr McSweeney I can clear that up for you The Chairman Has 100 ft. beyond Goffe Road been done? Mr McSweeney Yes Mr Bailey I would vote to pay it Upon motion duly made and seconded, it was voted that payment is to be made to Partridge Associates Inc as compensation for extra work and materials in the Minute Man Highlands, Section IV subdivision, in the amount of $6, 165 30, under the Appropriation of Article 34 of the 1969 Annual Town Meeting The Chairman read a letter from Margaret C Biggs, 9 Loring Road, protesting the dump sticker fee, and the hazards of the intersection Dump Fee of Massachusetts Avenue and Worthen Road, but commending a police officer for his kindness and efficiency in helping her during an acci- dent at the intersection. 9 9 The Board agreed to write to Mrs Biggs explaining that the money received from dump Stickers goes into the general fund and can only be appropriated out by Town Meeting; also that the contract has been awarded for the installation of traffic lights at the intersection The Chairman read a letter from the Board of Assessors that the 1971 tax rate has been certified in the amount of $63.80• School rate 1971 Tax S39 40, general tax rate $24.40 Rate Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on July 12, 1971 . Minutes The Chairman read a letter from Dr Martin A Goldman regarding the plot of land on Emerson Road, contiguous with Willard Woods, which has been filled with debris for four years A report from the Town Engineer states that this is lot 61 and is owned by the Town; a solution would be to remove the old concrete forms and building material and level the piles of gravel and loam on the lot This could be accomplished without disturbing too much of the natural growth if done carefully Complaints Upon motion duly made and seconded, it was voted to instruct the Acting Superintendent of Public Works to clear the area of debris and level the piles of gravel and loam on the lot, without disturbing the natural growth The Chairman read an invitation from the Massachusetts Port Au- thority to the Selectmen of Lexington, Concord, Bedford and Lincoln to attend a meeting at Hanscom Field on July 27 at 2 00 p.m to dist. Hanscom cuss current and long range construction plans for Hanscom Field. Field The Chairman, Mr O'Connell and Mr Bailey are to attend the meeting The Chairman read a petition from the Gray Line of Boston for a license to operate motor vehicles for the carriage of persons for hire in the Town of Lexington on Massachusetts Highway #128 from the Bur- lington Town Line to the Waltham City Line The purpose of the Gray Lines petition is to permit the Gray Line to connect up to the Town of License Peabody with the Gray Line's routes in the west of Boston communities Upon motion duly made and seconded, it was voted to grant and sign a license to the Gray Line Inc of Boston to operate motor vehi- cles for the carriage of persons for hire in the Town of Lexington on Massachusetts Highway #128 from the Burlington Town Line to the Waltham City Line, expiring December 31 , 197 The Chairman read a notice from the MBTA changing the date of the MBTA facilities tour from July 27 to August 3, 1971 META Tour No member of the Board is able to attend The Chairman read a letter from Joseph Dattoli , 101 Cliffe Avenue requesting damages in the amount of $5,000 as a result of a taking of Dattoli his land Damages 590 The Board agreed that a meeting be arranged with Mr Dattoll , the Chairman, Mr O'Connell and Mr. McSweeney to discuss the request. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session The Chairman informed the Board that a letter has been received from Karas & Karas Glass Company, South Boston, requesting payment in the amount of $2954 61 . Payment was held up by the Town Manager, and, as we all know according to the Selectmen-Town Manager Act, he has the responsibility and the authority to question any invoice or voucher that comes to him for payment; he did this and referred it to the Board for investigation, as the Act so specifies We invited the School Committee to meet with us this evening to discuss this and one other voucher The School Committee, in their judgment, dele- gated Mr Maclnnes to come before us to answer any questions The Board had specific questions of the School Committee that Maclnnes could not answer and, on that basis, the Board felt we should talk Karas & to the School Committee on that issue. On the request of Karas & Karas Karas, what is the Board's feeling? Upon motion duly made and seconded, it was voted to hold up payment of $2954 61 and to notify Karas & Karas that there are cer- tain questions as yet unanswered and, pending the solution, payment will be held up Mr Bailey Since we are in open meeting, we should attempt to make it clear that there is no question in our minds regarding the performance of Karas & Karas in relation to the work done and on the dollars on the bill . It is unfortunate that name should be on that particular voucher The Chairman: We will so notify Karas & Karas and the School Committee Our questions are of the School Committee, not Karas & Karas and not Mr Maclnnes The Chairman said that last week we discussed the request of Mr Adolph Cuccinello, 92 Bridge Street, that sdme portion of his betterment assessment be deferred until such time as the property is Cuccinello sold or built upon The Town Engineer reports that Mr Cuccinello Betterment has apportioned his sewer betterment over twenty years and has paid Assessment $151 .68 in principal and $107 12 in interest over the last four years. The Assessors have no record of the street betterment because this is still being processed, due to the late completion •of this portion of Bridge Street, but the amount still remains $1,562 50. Upon motion duly made and seconded, it was voted, under the pro- visions of Chapter 159 of the Acts of 1950, to defer partial payment of the street betterment assessment on lot No 4, 92 Bridge Street, 9 1 in the amount of $562.50, leaving a balance of $1,000 to be assessed; also, to defer partial payment of the sewer betterment assessment on lot No 4, 92 Bridge Street, in the amount of $259 44, leaving a balance of $518 88to be assessed The Chairman read a letter from Mrs Sherman Hall, 60 Ledgelawn Avenue, asking if it would be possible for the Town to donate a flag, which has been flown on the Battle Green, to the Town of owls Head, Maine Flag Upon motion duly made and seconded, it was voted to make arrange- ments to donate a flag, which has been flown on the Battle Green to the Town of Owls Head, Maine The Chairman, Mr O'Connell and Mr McSweeney are to attend the Urban DPW meeting on Urban System Highway network at District No 4 Office, System Arlington, on Wednesday, July 28, 1971 Meeting The Board discussed the appointments to the By-Law Advisory Committee, as voted by the Town Meeting under Article 75, that the subject matter of this Article be referred to the Board of Selectmen for study, the Board to report its conclusions and any recommenda- tions to the Town, by posting at the Town Hall, on or before December I , 197 I Upon motion duly made and seconded, it was unanimously voted to appoint an advisory committee of seven members to study, and make recommendations to the Board, the content of Article 75 of the Annual Town Meeting, and to report back to the Board no later than December 1 , 1971 Walter C O'Connell-Town Manager; James F Corr-Police Chief; By-Law Charles F. Gallagher, Jr -Recreation Committee Chairman; Howard L Committee Levingston-TMMA Chairman; Frank I Michelman-LCSR Chairman, Anthony L. Mancini-Citizen-at-Large; Richard A Michelson-Chamber of Commerce representative Mr Kenney discussed the open burning law As he understands it, no burning is allowed as of July 1st Mr O'Connell Except by special permit by the Department of Public Health Mr Kenney What are the plans for the fall regarding leaves? Mr. O'Connell No plans; we have discontinued the practice of granting written permits Leaf Mr. Kenney As of now, no burning of leaves? Pick-up Mr O'Connell We no longer have any authority to grant such permits The Chairman Have you put the leaf picker out to bid? Mr O'Connell Yes; we haven't received it yet Mr Kenney Is it the feeling of any member of the Board for extraordinary type pick-up? Mr O'Connell Most people find a way to deal with the problem except elderlj' people without cars or without financial resources to hire transportation. IL 592 Mr Kenney We discussed two swings through the Town to pick up leaves Mr. O'Connell We provide the bags to the people to go to the dump. Beano The Chairman informed the Board that a copy of the Beano Bill has been received and it will have to go on the March ballot. The Chairman said that we had received a letter from Mr Warren Leslie regarding the Upper Story and the youth of the Town add were Youth - going to meet with him. Upper Mr Buse We should inform him that we would still like to meet Story with him even though the Upper Story has closed. The Board agreed to meet with Mr. Leslie on next Monday evening if he so desired, considering the Upper Story has been closed. The Board agreed to meet on August 2 and August 16, 1971 Upon motion duly made and seconded, it was voted to adjourn at 10:22 p.m A true record, Attest Execu�lerk, Selectmen �� 1 SELECTMEN'S MEETING July 26, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, July 26, 1971 at 7:30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Busa, Mrs Riff in; Mr. Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present Upon motion duly made and seconded, it was voted to elect Mr. Kenney Acting Chairman until Mr Cataldo comes into the meeting At the request of the Town Clerk, three jurors were drawn as follows Lawrence Karp 12 Bryant Road Jurors Robert Dockser 26 Welch Road Thomas J Collins 86 Reed Street Hearing was declared open upon petition of the New England Tele- phone Company and the Boston Edison Company for the installation of one pole on Millbrook Road Notices of the hearing were sent to the petitioner and the owner 111 of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr Pratt, -representing the Boston Edison Company, was present and said that the Telephone Company is placing new cable down Mill- bSook Road and this is a new pole location to reduce the amount of Pole sag in the right-of-way. Location Mr. Kenney read a report from the Town Engineer stating that Millbrook this location is approximately 15 feet from the nearest driveway Road and appears as though it does not interfere with travel in the public way. Mr Kenney asked Mr Pratt about the guy wire and anchor shown on the plan. Mr Pratt replied that the Telephone Company would have to get permission from the abutter; he was not sure that permission had been granted No one appearing in favor or in opposition, Acting Chairman Kenney declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and the Boston Edison Company for the following location, subject to Mr McSweeney checking with the New England Telephone Company representative regarding permission for the guy wire and anchor Millbrook Road, southwesterly side, approximately 66 feet southeast of Suzanne Road, -- One ( 1) pole 2 Mr Legro requested the Board to sign the agreement between the Town and the Trustees of the Minute Man Park Realty Trust He sum- marized the terms of the agreement, explaining that it provided for Central the Town to convey the Old Fire Station Site to the Trustees in con- Block sideration of the conveyance by the Trustees of a 15 foot strip of land along Massachusetts Avenue extending between Meriam Street and Depot Square, that the Trustees are to pay to the Town the pro forme tax on the Old Fire Station Site and ace to pay for the Massachusetts deed excise stamps to be affixed to both deeds, and that the sum of $30,000.00 is specified as the value of each parcel solely for the purposes of computing the pro forma tax and the stamps to be affixed to the deeds Upon motion duly made and seconded, it was voted to sign the agreement between the Town and the Trustees of the Minute Man Park Realty Trust Mr Legro informed the Board that he had prepared the Orders of Taking for sewer easements in the property of John R Augustine et ux., 481 Concord Avenue, and in the various properties running parallel on Concord Avenue He has prepared the release of damages from John R. Augustine, Marion Chuan and Louise A Frey; John W and AnnrH Cahn; W Lloyd and Flores H LeBoeuf; Leonard K and Ava B Nash; James end Joan K Mudra; Donald R and Sally F. Repel . Five I recommend that the Board have the confirmatory deeds and re- Fields lease of damages signed before adopting the Orders of Taking so th re Releases would be ample time to record within 30 days. It will take sometime to have the confirmatory( deeds signed by the owners and mortgagees and if the 30 days elapse, I will have to come back to the Board to rescind the orders Mr Bailey; Does this include all the parcels behind Field fid? Mr Legro No, not Mr Aladjem, who wouldn't sign The Board agreed that Mr Legro is to mail the confirmatory deeds and release of damages to be signed by the owners of the properties and the mortgagees He will inform the Board when all have beev:stgned and returned to him. Upon motion duly made and seconded, it was voted to rescind the Ambulance vote of January 29, 1971 to abate the ambulance bill submitted to Jay Bill Kellett, 36 Wilmington Road, Burlington, in the amount of $10.00; the bill has been paid. Acting Chairman Kenney read a report from the Traffic Committee regarding Robinson Road stating that the Committee is gratified to Traffic find that the School Department is generally in agreement with its Robinson recommendations on Robinson Road and the Estabrook School access re- Road garding the implementation of a "dead end" sign at the entrance to Robinson Road from Turning Mill Road and, possibly, a "no through traffic" sign Also, the entrance to the school land from Robinson Road should be closed to vehicles by the School Department with a gate which 3 could be opened to admit vehicles when required by the school ; an appro- priate sign should be placed at the gate. The School Department plans to install a chain link gate or post and chain. Mr. O'Connell The School Committee has been asked to authorize and request the Board to arrange for the enforcement of the traffic regulations within the school property for the School Department The Board of Selectmen does not have the authority until the School Commit- tee requests it We are waiting to hear from them The Board agreed that no action is to be taken at this time until a request is received from the School Committee Acting Chairman Kenney read a letter from Mr Eisenberg of the Citizens Advisory Board on Street Construction recommending, for discus- sion, that the policy of providing hard paved sidewalks be more clearly defined, and that the use of gravel or stone dust paths, in lieu of hard-surfaced sidewalks, be utilized more extensively throughout the Town Also, that hard-surfaced sidewalks be installed only in those locations where the Town intends to plow during the winter months if the sidewalks are not to be plowed, the Advisory Board recommends gravel paths on both sides of the street as being more desirable aes- thetically and more flexible in terms of winding around trees or rocks, creating variation with planting areas by the roads and paths Mr Kenney also read a letter from the Planning Board regarding Sidewalks sidewalk construction, stating that we have adopted sidewalk construc- tion requirements within our Subdivision Regulations and recommended guidelines on Town didewalk construction policies to your Board We shall be glad to review the questions raised by Mr Eisenberg and would hope that no policy change will be considered by your Board until after we have had an opportunity to study the matter and submit our recom- mendations to you Mr Kenney Obviously, we want to hear the recommendations of the Planning Board We should refer the Advisory Board letter to the super- intendent of Public Works and get his opinion. Mr Bailey: Also, an estimate of how ,many sidewalks we do not plOw on a regular basis I thought where there is a sidewalk, we plowed for the children Mr O'Connell The practice is to start from a school and cover all areas where children walk to school I think the change in policy to go to a gravel sidewalk, where there now exists a lawn to the road is net a good solution for homeowners; they would prefer to keep it in grabs even though walked on The Board agreed to request the Superintendent of Public Works for his comments and the policy of plowing or not plowing sidewalks. Acting Chairman Kenney read a letter from Joseph A Campbell, 1776 Massachusetts Avenue, recommending that crosswalks be painted Cross bright green or yellow and include signs reading "stop for pedestrians" Walks as out-ofmtown motorists are unaware that they must stop for a pedes- trian in the crosswalk Mr Bailey Is Mr Campbell correct on our traffic rules and regu- lations relating to crosswalks 4 Mr O'Connell. He is correct, a car is obligated to stop for a pedestrian who is within a crosswalk. Mr Bailey I would suggest we refer this to the Traffic Commit- tee and use an expression of our concern and a recommendation of positive action, also, a recommendation on "stop for pedestrian" signs at the approaches to the crosswalks. The Board agreed to request a recommendation from the Traffic Com- mittee and, also, request the Superintendent of Public Works for an estimate of the cost of paint for the project Acting Chairman Kenney read a request from Mr Camillo S9anga for extension of water and sewer lines to service lots 32 and 33, Cliffe Avenue. A report has been received from the Town Engineer stating that Sganga in order to provide sewer and water services to the lots, which are in Sewer the unaccepted portion of the street, it would be necessary to con- Request struct approximately 200 feet of sewer and 200 feet of water from Hill- crest Avenue, which was reconstructed last year Betterments assessed would be i h the orderof 5350tar _sewer and $75 for water; we estimate construction costs for this work at $12,000. Mr Kenney: We do not have the money in our budget He could submit the request for consideration for next year The Board agreed to inform Mr. Sganga that the money is not avail- able to grant his request but the Town Engineer will submit a recom- mendation for consideaation in the 1972 budget Acting Chairman Kenney informed the Board that the Club Liquor Rules and Regulations have to be amended We amended the rules for Club Motels and Restaurants in May and we would like to take the substance Liquor and incorporate it in the Club rules. Rules Upon motion duly made and seconded, it was voted to request Town Counsel for the proper language to amend the Club Liquor Rules and Regulations. Mr Warren Leslie, 38 Valleyfield Street, met with the Board Acting Chairman Kenney The Board will recall that Mr G'entle wrote to the Board last March concerning an indident which took Drop-in place in the Upper Story We had told Mr Leslie that TownlMeeting Centers was coming up but we would be happy to meet with him when our sched- ule permitted. We also received petitions from concerned citizens for the elimination of Drop-in Centers for the youth of our coMmunity, known as the Upper Story, The Attic and Replace. Did you know the Upper Storey has closed? Mr Leslie Yes, I am more concerned at this point actually about the condition of the Attic The Upper Story has shut down; the approach and attitude of the chaperons were poorly managed The Attic has had in recent months some surveys and a committee to establish criteria, not only for the Attic but whether it should continue or not. I don't agree with the report but feel there is a tremendous improve- ment over which they have had the last three years We citizens and parents should step in and take action on our own and feel that through r 0 the Board there could be an established program, whether private or pro- vided by the Town I feel something must be done for the youth who are over the arts and crafts stage and the normal activities of Hayden, and I feel a lot of citizens can do it and not carry any burden for the Town but with proper management and with the youth, we can run and operate a so-called drop-in center and also establish it away from the church, which I think is disastrous, and do something as a Town rather than as individuals or sects of people. The Attic is operating illegally as there is no membership today; they run dances and have no license and they are running at a loss. Three years ago, they had a paid membership of 1200; two years ago, 650, this year, 0. I don't believe it should be in a church under these conditions; less than 25% is Hancock membership but they are outsiders of the church and, in my opinion, it makes a bad situation The police had problems and we witnessed some of them and saw in the spring the attendance dwindle down to nothing Mr Kenney: There was a committee to evaluate this and we asked Mr Zehner to forward a report Mr Leslie gave Mr Kenney a copy of the report of the committee I have seen what is going on and talked with several people by phone and a surprising number of people feel the way I do but no one has stepped forward to do anything about it I am not condemning it with- out foundation and feel that we, as a Town, and you, as a Board, can do a whole lot in this area Mr Kenney I would remind you that the Attic is a private organ- ization with its own administration and own policy for the center; rather than knock something down, we will look at your next proposal Mr Leslie 1 will not go into the legal aspects if the Board is not interested but if the Board is interested and will listen and take action on a program if it is submitted in tato, and if there is agree- ment by the Board and cooperation by the Town, I will go ahead and do this. Mr Kenney You gave us an outlined proposal and it is new in- formation; in the past, the official Board hasn't spent much time advocating a Town drop-in center The Board will review your propo- sal and will return it with comments We appreciate your obvious enthusiasm but I have one comment in that you seem to feel the one reason it would be successful is because it would have the sanction of the Town but I would point out that youth will not have anything to do with the establishment. Thank you for coming in; the Board will dis- cuss your proposal . Mr Gail Smith was present and said that having the Attic in the Hancock Church is tearing that membership apart. I agree with Mr Leslie that the Church is not the place for it and if the Town would get in back of it, it would be a good thing. Anything like this is so controvers4al that there will be a division Mr Leslie and Mr. Smith retired from the meeting Later on in the meeting, the Board agreed to defer action pending a report and a meeting with a group of Lexington citizens who are work- ing on a similar project Acting Chairman Kenney read a. letter from the META Director of Planning and Construction regarding the availability of land in the Town for off-street parking facilities accessible directly MBTA from Route 128 to areas adjacent to or near commuter railroad lines Mrs Riff in The, MBTA has considered putting feeder buses from Route 2 to Fresh Pond where they are planning to extend the subway I think this could be referred to the Planning Board The Board agreed to refer the request to the Planning Board for information to be submitted to the Board on the MBTA request Hanscom Acting Chairman Kenney reminded the Board of the meeting on Field July 27 with the Port Authority to discuss Hanscom Field Acting Chairman Kenney informed the Board that House Bill 1783, providing that the state treasurer and treasurers of cettain cities and towns shall make payroll deductions from the salaries of em- ployees and pay said deductions to collective bargaining agencies as service fees, has passed the House and is now in the Senate I recall in our negotiations with some of our unions this has been a House Bill negotiating point and we are not in agreement with this 1783 Union Mr Bailey I still feel it is a bargaining item and I get Dues De- unhappy when the Legislature does the bargaining for us duction The Board agredd to inform Senator MacKenzie that the Board is opposed to House Bill 1783 as it makes it mandatory for the Town to have dues deduction for employees, whereas now it is a negotiable item in collective bargaining between the Town and our employee groups. If it becomes a state law, it involves a distinct infringe- ment upon home rule Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussion, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the repu- tation of a person After discussion of matters of financial interest to the Town it was voted to go out of Executive Session and resume the open meeting Mr Cataldo came into the meeting Messrs Roy Dunfey, John Van Londen and Fred 0 Cox, and William Green, Attorney for the Dunfey Corporation, met with the Board The Chairman: The purpose of our meeting is when we got together Sheraton last April to discuss the situation of a possible violation of the Motor Inn state statute regarding your liquor license After discussing the issue with you, there is no question in our mind that you were in violation of the statute The night you met with us you made refer- ence that we question your operation and it had never been questioned before We did not question you officially but we did unofficially 1 1 and Roy well knows that we talked with him on different situations we were unhappy with There is no question of the purpose tonight; as far as the Board is concerned, you were in violation and are on notice that, in our opinion, you were in violation of the statute We told everyone we would in no way have another violation We reiterate once more, that as far as we are concerned we could see no reason not to be informed of the transfer of ownership as the statute states before any transfer takes place, the licensing authority must be notified and must approve it, you operate under the statute We have amended our rules so you are fully informed at all times of the conditions of management and who is the management team We can't stress to you strong enough our concern for liquor licenses in Lex- ington; it took a long time to get licenses in the Town and we put everyone on notice when a license is issued that we would police it to the last degree We want you to understand' once more if there is any violation from now on, we want you to understand we have put you on notice that you have been in violation before; not that we would look for violation but the consideration would come under these con- ditions Any questions? Attorney Green I think, supplimental to what I said the last time, if it it the Board' s conclusion we are in violation, it is the Board' s prerogative and I reiterate that Mr Dunfey is well aware of his responsibility of what goes with the license in the state and observance of the laws and operation in Lexington and if there are present any problems or violations, we would know about them As far as we know, we are providing the highest quality of 'personnel in management to make certain it is well operated within the Common- wealth of Massachusetts The Chairman To our knowledge, the operation is fine and there is no question of anything being wrong and rest assured if we did know of anything, you would be the first to know; I can't stress this strong enough Attorney Green You made reference to discussions with Roy Dunfey I was not aware of your visits with him He has since ex- plained them to me and for that I apologize We appreciate the Board' s consideration very much Messrs Roy Dunfey, John Van Londen and Fred 0 Cox, and Attor- ney Green retired from the meeting The Chairman informed the Board that a request has been received from the People' s Coalition for Peace and Justice for a permit to march through the Town on August 5 The request states that the march People' s will leave the Cambridge Common at approximately 12 30 p.m and pro- Coalition ceed up Massachusetts Avenue to the Lexington United Methodist Church, expecting to arrive around 5 30 or 6 00 p.m The march will consist of 500-1000 plus three or four VW vans carrying food, water and medical supplies We expect to be on the Lexington part of Mas achu- setts Avenue by 3 30 or 4 00 p.m This is as detailed as we can be at this point There will be aides or marshalls along the route to keep people from straggling S I called Lydia Sargent and asked her for an organizational struc- ture of the People' s Coalition and she explained to me there is no organizational structure, as such, but at each meeting they elect a chairman to act as the presiding officer I asked who would be re- sponsible and asked for a list of the organization with represents* tives listed I asked if the Board did consider granting a permit, would they accept the responsibility of paying for an extra police detail and Miss Sargent said she would ask and find out I received a letter from Lucy Perry stating that she was somewhat confused by the request to pay for extra policemen; perhaps we have not made it sufficiently clear that we feel no need for any police The people who will take part in this march are dedicated people committed to non-violence If you anticipate any difficulties arising from the citizens of Lexington, then I am afraid that is your responsibility She submitted a list of 5 members; Catherine Knight-AFSC Wayne O'Neil-MIT; Lucy Perry-PCPJ; Lydia Sargent-Brookline Pax; Roger Trudeau-Lexington, of the August 5-6- Task Force to be contacted if more information is needed I also asked Miss Sargent why they didn't ask for a parade permit for the following morning to go from the Church to the final destination and the answer was that she didn't think it the proper thing to do if they knew, in the final analysis, they would perform an act of civil disobedience I asked if she were aware of this and she said that she was perfectly aware of it I asked in what formation they planned to march, 4, 6 or 8 or a parade-like march and she said that at this time she had none of that information Is there anyone, a single person, in charge of the program? Lucy Perry was present and replied, no, there is a task force as a whole but no single person I would explain that decisions are made by a steering committee and the role of chairman is only to moderate that meeting The Chairman Are these five people named in the letter the task force? Miss Perry These are the people who can be reached; there are other people The Chairman If we had to talk With someone to bring a mes- sage to the task force, for our own operation and information, who is the one we talk to? Miss Perry Any one of these five people; pick one of the five The Chairman We don't want to pick one. In other words, there is no chairman picked for that day? Miss Perry No; it is just a way to function, to make decisions and carry them out Mr Kenney What is your purpose in coming to Lexington? Miss Perry To have a demonstration at Hanscom; our purpose is not Lexington The demonstration is aimed at publicizing the Vietnam War, really on the increased air bombing It will be a demonstration and blocking the gate Mr Kenney Do you have a permit from Arlington? 9 Miss Perry There are people who are dealing with that The Chairman Why come to Lexington the day before? Miss Perry On the evening of August 5, we are having a teach-in at the Methodist Church and we feel that by having a march and a teach- in, this will publicize it more than the demonstration; the two days are an integrated program The Chairman Is the purpose of the march to gather participants? Miss Perry That is one of the purposes. Mr Keneey Do you expect to be arrested at Hanscom; is that your intent? Miss Perry Whether arrested or not, our purpose is to block the li entrance as an expression of our disagreement on the policy of the government in respect to war As to what happens next Mr Busa Do you realize that by blocking the gate, you are break- ing the law? Miss Perry Yes Mr Busa Do you have permission from the Methodist Church to use the grounds? Miss Perry Yes Mr Busa Have you contacted the Board of Health? Miss Perry No Mr Buse: Do- you,.heae enough toilet facilities? Miss Perry Not for 1 ,000 to stay Overnight Mr Busa Will they sleep out of in? Miss Perry Some will be on the lawn or on the floor of the Method- ist Church MI- Busa There is a public school adjacent to the Church, do you have any permission to use that? Miss Perry No Mr Busa Do you realize the same purpose can be accomplished by marching or walking on the sidewalk from Cambridge to the Methodist Church? Miss Perry It depends on who takes part in the march and if there are 800 to 1 ,000 it would be difficult and they would have to use the streets Mr Busa Do you expect the Town to close off the street while the march goes through Lexington? Miss Perry It is usually not necessary to close off the street; half the street could be used by the marchers and half by traffic Mr Busa In other words, it would be closed off for If hours Miss Perry It seems a strange way of putting it; part of it could be closed off to be used by marchers for a short time Mr Busa: Then you never marched on Massachusetts Avenue; there are two lanes of traffic and if you cut off one way coming south we have to jeopardize the citizens of Lexington the right to use Massa- chusetts Avenue at this time Is this what you are asking? Miss Perry Yes, the request we are making is a request for the street The Chairman Are 800 to 1 ,000 all staying at the Church? I 1U Miss Perry No; there are other people staying in Lexington be- sides at the Church and some people will be taken back to their homes The Chairman Regardless of the Board' s decision, I would sug- gest you contact the Board of Health depending on the facilities available to you at the Church so there will be no problem; there is no sense in having a civil disobedience the day before Mrs Riff in You are asking for permission on August 5; how would you get from the Methodist Church to Hanscom Field? Miss Perry Some by car and some would walk; we are not having a kind of march that would take up the street Mr Kenney Are you planning on 200 or 300? Miss Perry: 'Yes Mr Kenney If that humber, it would be easier for you people to stay on the sidewalk Miss Perry It could be a lot easier to stay on the street I would like to make it clear we are going to be walking from Cambridge to Lexington pn the 5th Mr Kenney You would walk on the street? Miss Perry No, I am not saying that; if we don't get a permit, we would walk on the sidewalk. The Chairman: We understand that Mrs Riff in Has there ever been a parade in the street and how many abreast have there been without stopping on Massachusetts Avenue? Has there been any period where a group would be coming through? Chief Corr No; the only other times are April 19 or a road race, but we make specific provision far in advance regarding second- ary roads We wouldn't be able to allow them to come up without blocking some roads and we wouldn't be bble to do it without blocking traffic Mr Buse The only other day was on the Moratorium and they marched on the sidewalk Mrs Riff in How many could walk abreast on the sidewalk with- out being considered in violation? Chief Corr We must be careful that they are not obstructing those other people who want to walk on the sidewalk. I would think three would be a maximum number The Chairman: As 1 understand it, if the Board gave permission, there would be no responsibility for the People' s Coalition for extra police detail? Miss Perry We really feel our organization is not likely to cause problems and can see no reason for extra police The Chairman We would have traffic detours of automobiles; can the flow of traffic go around you? In other words, it would stay right with your group which we otherwise wouldn't have at this time Miss Perry Who pays after the football games? The Chairman The school pays Keep in mind this is not a Lexington organization You haven't been invited to Lexington The ground rules are here Even if we didn't charge for police for foot- ball games, it is a local program This is not a Lexington supported program and Lexington has nothing to do with it Miss Perry It is your misfortune that you have Hanscom Field in your town The Chairman Your answer is that you don't feel you have any responsibility? Miss Perry Yes Mr Kenney The traffic in Lexington Center between 5 30 and 6 00 p.m is quite excessive and would cause a great deal of inconven- ience Mr Bailey Is the route of some importance to you? There is an alternate of following Marrett Road to School Street to the Methodist Church Would that be satisfactory? Miss Perry The only consideration I am aware of is our route is more direct and we felt we didn't want to make that really any longer than necessary There is also the consideration that we do want to be seen marching as well as the demonstration and make people aware of what is happening in Vietnam and what is happening at Hanscom Field and we want that route simply for visibility Mr Kenney It seems to me you could achieve that objective by going on the sidewalk and if you had to string out on the sidewalk it would be more visibly impressive Mr Buse It might be a little shorter going to Marrett Road The Chairman What is the Board' s feeling? Upon motion duly made and seconded, it was voted unanimously to deny the request of the People' s Coalition for a permit to parade on Massachusetts Avenue on August 5, 1971 . The Chairman I would ask that you give us whatever information you could so we could afford you every protection when you are coming, so your march will be as smooth as possible, with no hitches and no accidents because it is a busy time of day Later on fn the meeting, after Executive Session, Mrs Riff in said she agreed with the vote but we should include in the request that if they march on the sidewalk, they march three abreast and by so stating will feel they are marching within the requirements of Chief Corr and marching in an orderly fashion. Upon motion duly made and seconded, it was voted unanimously to amend the previous vote to deny the permit to march on the street by adding, if they choose to march on the sidewalk, to march three abreast Upon motion duly made and seconded, it was voted to go into Exec- utive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go• out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10: 15 p.m. A true record, Attest ' Executive Clerk, Selectmen SPECIAL SELECTMEN'S MEETING July 29, 1971 A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Thursday evening, July 29, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, Mrs Riff in; Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager and Mrs McCurdy, Executive Clerk, were present The following members of Town Boards met with the Board of Selectmen Mr Donald Nickerson and Mr Charles Abbot of the Board of Appeals; Mr. Erik Lund, Mr Eric Clarke and Mr Donald Graham of the Planning Board; Mr Alexander V Zaleski , Planning Director; Mr Donald K Irwin, Building Inspector Chairman Cataldo opened the meeting and said that the purpOse'of the meeting is to try and resolve the situation that developed as a result of the Board of Appeals' hearing on the special permit for the Central Block At that meeting, it was the position of the Planning Board that, in their opinion of the Zoning By-Law, a 10 ft rear yard was required This was a surprise to everyone, including the Board Central of Selectmen Rather than have the Board of Appeals deny the permit, Block we felt it best to call a meeting to keep this project alive and get the building built and to have a meeting of the minds to make a recom- mendation to the Board of Appeals. I discussed this with Mr LegrO on the problem of doing the research and report on the background for tonight; I talked with the Planning Board and they, in turn, talked with Mr Legro Mr Nickerson We did not deny the permit. Chairman Cataldo. I know; we said that rather than have you deny it, we would have a meeting This is the purpose of this meet- ing. Mr Legro has researched it and he has a position to report' Mr Legro I could cover this best by reading the memorandum I prepared in which I attemped to set forth my opinion as follows SET BACK OF PROPOSED NEW CENTRAL BLOCK BUILDING FROM DEPOT PLACE I . Section 27 of the Zoning By-Law requires a minimum rear yard of 10 feet in CB - Central Business Districts The by-law con- tains no express exceptions to this requirement Whether a 10 foot set back from Depot Place is required depends, therefore, on whether the definitions of a "Rear Yard" and "Rear Line of a Lot" are appli- cable to the Central Block land which is bounded by and abuts on four public ways, namely Massachusetts Avenue, Meriam Street, Depot Place and Depot Square 1 f 1112 Prior to the recodification of the by- law voted by the Town on June 4, 1968, Section 8(c) I a (2) provided that in C 2 districts (now CB districts) there shall be provided "a rear yard of not less than 10 feet in depth, which may be used for parking area if other- wise lawful " Prior to recodification, the by-law defined side and rear yard as follows "The open space at the sides and rear of a building between the building and the boundaries, other than streets of the lot on which it stands " It also defined front yard as follows "The open space between the building and the exterior line of each street on which the lot on which it stands abuts " 3 The by-law presently in effect contains the following defini- tions a. "FRONTAGE, LOT A continuous portion of the boundary between a lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines extended." b. "FRONTAGE STREET A street which provides the required lot frontage for a building When a lot is bounded by more than one street, any one of them, but only one, may be designated as the front- age street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot Is numbered on such frontage street " c. "YARD, FRONT: A yard extending between lot side lines across the lot adjacent to each street it abuts." d. "YARD, REAR A yard extending between the side lines of a lot adjacent to the rear line of the lot." e. "REAR,LINE OF A LOT A line separating a lot from other lots or from land to a different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street." f. "SIDE LINE OF A LOT A line separating a lot from other lots or from land in a different ownership, other than e street tine or a rear rot line." 4 Previous to recodification, the definitions of Front Yard and Side and Rear Yard were the only definitions that were applicable to the determination of the status of the boundaries of the Central Block land as front, side, or rear yards.. There was, in my opinion, abso- lutely no ambiguity under those definitions Front yard applied to "each street on which the lot. . abuts", and Side and Rear Yard ex- pressly did not apply to boundaries of a lot that abutted on streets. Under those definitions, the by-law required no set back from any of the four streets on which the Central Block land abutted 14 5. There are under the present by-law some inconsistencies created by the definitions added or changed by the "recodification." These inconsistent definitions must be read together and, if possi- ble, so interpreted as to constitute a harmonious and workable by- law. a. By definition, LOT FRONTAGE, in the case of corner lots, is the boundary between a lot line and the intersection of street lines or of street lines extended. In the definition of FRONTAGE STREETS, when a lot is bounded by more than one street, any one of item., but only one, may be designated as the frontage street. To the degree that these provisions are inconsistent, it is my opinion that, as applied to a lot the four sides of which abut on public ways, the definition of LOT FRONTAGE permits the interpretation that the lot has frontage on all four streets, and the limitation in the definition of FRONTAGE STREET, whatever other purpose there may have been for its insertion, was not intended to, and does not, apply to lots in CB Districts that abut on two or more streets. The definition of FRONT YARD as "a yard extending between lot side lines across the lot adiacent to each street it abuts" supports the above conclusion. b. The definition of REAR LINE OF A LOT as "being the boundary of a lot which is opposite or approximately opposite the frontage street" appears to be inconsistent with the definition of FRONT YARD and LOT FRONTAGE so far as the latter may apply to corner lots. It is my opinion, however, that the principal part of the definition of rear line as "a line separating a lot from other lots or from land in a different ownership" makes this defi- nition inapplicable to a lot all four sides of which abut a street Further, the definition of SIDE LINE OF A LOT which also applies only to "A line separating a lot from other lots or land in a different ownership" and which expressly excludes "a street line" must fairly be interpreted to mean that this locus has no side lines between which the rear yard can extend as provided in the definition of REAR YARD 6 It is my conclusion that the definitions referred to above ought to be interpreted in the foregoing manner, that the boundary of the Central Block land that abuts on Depot Place is not a "rear line", and that, so interpreted, the by-law does not require that the proposed building be set back from Depot Place In interpreting the meaning and intent of the present Zoning By-Law, it is my opinion that some consideration should be given to the following I That the present by-law, except as amended subsequent to the recodification, is by its express terms "a reenactment and I } 15 continuance of" the Zoning By-Law as it existed on June 4, 1968. It was presented as a recodification that was intended to in- clude no substantive changes 2 Ptior to the recodification, the definition Side and Rear Yard expressly excluded boundaries on streets, thereby eliminating the rear yard requirement in C 2 districts where the boundary opposite the frontage street abutted upon the street The by-law was apparently so interpreted with respect to The 1775 Realty Trust building 3. Between September 20, 1968 and December 2, 1968, the Planning Board, consisting of the same members who were in office at the time of the recodification, is understood to have taken the position that the By-Law was not intended to require a build- ing on this locus to be set back from a street 4 Where there is an intention to require a set back from a frontage street, the by- law expressly so provides (Section 27, Note d., requiring a 10 foot front yard on Muzzey Street or on Bedford Street for lots abutting on these streets ) It was the opinion of the three members of the Planning Board to accept the opinion of Town Counsel and would so inform the Board of Appeals that they would withdraw their objection regard- ' ing the 10 foot rear yard This being the main purpose of the meeting being called, and the main purpose being resolved, the Board briefly discussed the traffic pattern and loading dock. The Chairman informed the Boards that the Traffic Committee would meet in the morning with the Architects and the owners to get this situation resolved Also, the Town Engineer will meet with the owners to get the areas in which he was interested re- solved Upon motion duly made and seconded, it was voted to adjourn at 800 p.m A true record, Attest 3,, 46._ -"' Executive Clerk, Selectmen 1G SELECTMEN'S 'MEETING August 2, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, August 2, 1971 at 7:30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse', Mrs Riff in, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mrs McCurdy, Executive Clerk, were present Mr. O'Connell informed the Board that a petition, signed by nine residents of Grapevine Avenue, has been received for a hearing to be held regarding a dog owned by the Stankowski family at 30 Grapevine Avenue This petition grows out of a complaint of some history A Stankowski report from the Dog Officer has been received There has been a rash Dog of complaints since June 8, 1971 , of the dog being loose in the neighborhood Apparently, according to the report, the family has said they have been trying to find another home for the dog Chairman Cataldo The Board decided last year the approach would be for a Selectmen, with the Town Manager, to hold the hearing and come back to the Board with a report The Board agreed that Mr Kenney is to hold the hearing; Mr Buse, Mrs Riff in and Mr O'Connell are to be present Upon motion duly made and seconded, it was voted that Mr Kenney is to schedule a hearing regarding the Stankowski dog Mr O'Connell read a letter, addressed to the Superintendent of Letter of Public Works, from Mr Deveau of 49 Downing Road concerning the Apprecia- project of building the new Downing Road; he was very grateful to tion Mr. McSweeney, Mr Jones and Mr Maaerall for the project which will benefit all in the neighborhood Mr O'Connell informed the Board that bids have been taken on July 30 on street resurfacing; five bids were received; Starrett Street re- Paving Corporation-$50, 150; Massachusetts Broken Stone Co -$55,356; surfacing Warren Brothers Company-$57,795; Trimount Bituminous Products Co - Award $58,794, George Brox, Inc -$60,550 Mr McSweeney recammends, and I concur, that the contract be awarded to the low bidder, Starrett Paving Corporation, 656 Boston Post Road, Marlboro, in the amount of $50, 150. Mr O'Connell informed the Board that a letter has been re- Federal calved from HUD that there is now a Federal Insurance Administration Crime and, effective August I, under a Federal Crime Insurance program, Insurance crime insurance becomes availbble in ten states, one of which is Massachusetts; this is insurance for potential victims of crime. This information has been made available to the Minute-man Newspaper. 1 17 Complete information is available at licensed insurance brokers Com- mercial businesses, residential property owners and towns are all eligible For areas which are experiencing a high crime rate, the premiums would be lower than on the private market Certain deduct- ibles apply and it is necessary to meet certain security standards. Mr O'Connell informed the Board that bids on the Bowman School roof have been received and are being studied by the Permanent Building Committee; Commonwealth Builders of Boston bid $91 ,009; the Article appropriation was $116,000. Federal Roofing is the high bidder at $145,700 and they have written the Permanent Building Com- mittee that the job can be done for much less money by not removing the insulating felt layer The Committee expects to make the award Bowman soon School Chairman Cataldo Have you talked to the Standing School Com- Roof mittee? Who is handling it? Mr O'Connell It is being handled by Mr Hargrove and the other four members of the Standing School Building Committee, Mr Taylor, Mr Brown, Mr DiNapoli and Mr Marshall . Chairman Cataldo I would suggest that you contact them before it gets out of hand by having no decisions made when it is awarded Mr Legro It must be awarded within 30 days, Saturdays, Sun- days and Holidays excluded; they are meeting this week Mr O'Connell agreed to talk with Mr Hargrove The Chairman read a letter from Rev Richard E Harding in appreciation of the way the Board responded to the request of the People' s Coalition to walk through and in Lexington on August 5 and 6; he expressed his thanks for the Board' s part in enabling the events scheduled for our community to be as peaceable and meaningful as possible. He had not been involved in the planning of the acttiv- ities but because it is his understanding that all activities witl be People' s non-violent, with a good corps of marshals and if it becomes neces- Coalition sary to remove or arrest anyone there will be no form of resistance, such as going limp. He will be participating in some way. Rev Harding was present and said that he had come tonight not as a representative of the group involved but as a member of the Board of Directors of the Cambridge Ministry of Higher Education and, their vote, after much heated debate, was unanimous in regards to the war and, in particular, to the spirit of this responsible, non-violent act It opens up a major concern growing out of the experience in the events that took place at the J F K building and the communications breakdown in the afternoon, those responsible spoke to the police, and the emphasis of those of us is the lack of communications with those in charge of enforcing the law. Those involved in the community have, or have not, decided whether to sit in the street or picket or be an observer There is this question of enforcement level ; who do we go to see when ranks of these demonstrators get out of hand? is Chairman Cataldo There is no question that Chief Corr has full responsibility of enforcing the law. In my letter to Lucy Perry, I asked her to contact Chief Corr and convey to him such information as schedule, timing, number of people expected, and any other inform- ation that she thought could be helpful in having the march go smoothly I made it quite clear and asked them in the beginning who the people are we could make contact with, who represents the People' s Coalition, and we didn't seem to get much of an answer. As I under- stand it, having talked to two or three of them, each time they meet, there is a different chairman; there is no structure of the People' s Coalition. This puts us under a handicap. Our question is who do we talk to, and we couldn't seem to get that sort of information Even in my letter I said that and we have had no contact from them and we feel this is not a two-way street, which is unfortunate Our attitude is, it is their right to march, to demonstrate, if they see fit We don't feel very good about the fact that they knowingly break the law but can't do anything about it We said we would like to see it go as smooth as possible and haven't received any informa- tion from them Rev Harding One of the apprehensions might be that there was no formal word on this as to the leadership because et the J F K building the leaders were identified and they were pulled out, and they were left without leadership. This may be one of the apprehen- sions and I don't know whether it is part of the strategy or not. Chairman Cataldo Miss Perry' s answer to me was that every meeting is different Contact Chief Corr, he will have complete re- sponsibility that day Rev Harding retired from the meeting The Chairman informed the Board that a request has been received from Lynx Workshops for the use of Cary Hall on August 27 and August 28, from 9:00 p.m to 12 00 M for a film festival for the youth of Lexington A previous request was granted and cancelled last week because there were not enough people interested in attend- ing They are asking for the hours of 9.00 to 12:00 M and I think Cary Hall there could be a problem as it would be quite late Film Mr Bailey agreed Festival Chairman Cataldo. Chief Corr feels two police officers should be assigned If permission is granted for the first night, the silt*- ation should be reviewed before, permission is granted for the second night We could see how many people attend on the first night and what problems might arise. Upon motion duly made and seconded, it was voted to grant permis- sion to Lynx Workshops for the use of Cary Hall for a film festival. on August 27 !from 8 00 p.m to II 00 p.m. subject to the restrictions of the Chief of Police; permission is granted for August 28 from 8:00 p.m to II 00 p.m., subject to the restrictions of the Chief of Police and whatever restrictions the Town Manager deems necessary The Chairman informed the Board that a request has been received from the Five Fields community to hold a square dance on September 4 from 7 15 p.m. to II 00 p.m (rain date of September 5) Because of the sewer construction in the neighborhood the exact location will Permit be determined at a later date Square Upon motion duly made and seconded, it was voted to grant per- Dance mission to the Five Fields community to hold a square dance in the neighborhood on Saturday, September 4, 1971 from 7 15 p.m. to II 00 p.m (rain date of September 5), subject to the restrictions and approval of the location by the Chief of Police The Chairman read a copy of a letter from the Concord Board of Selectmen to the Regional Vocational Technical School Committee re- garding the possible use of Xavier High School for the Regional School Mr Kenney The Committee met with us and said it was unsuit- able Mrs Riff in The Committee said it was under consideration because of the acreage and the cost of necessary renovations The Chairman The letter states that it is the understanding of the Concord Board that Xavier is available in the $3M to $3 5M price range The estimated cost of construction of a new school is $10M to $12M and this would be, roughly, three times the price of Xavier Construction costs are inflating at the rate of about $1 ,000 per hour on a $IOM school and we assume this may be a, stnmbg *actor in the construction bids when they are finally received, and we are concerned about the initial cost difference in this time of inflation, weak economy and rising tax burdens Regional The Board agreed to acknowledge by a letter to the Concord Vocational Board that the Regional Committee had discussed Xavier with the School Board and, in its opinion, a new facility was in the best interests of the region. But if new information is received to support a change in thinking, we would be most happy to discuss it with the Concord Board The Board will also request the position of the Concord Board whether it is in support of Xavier or a new facility The Chairman read a request from the Mystic Valley Gas Company to locate a 4-inch high gas main in Valleyfield Street to service house No 59 Valleyfield Street Chairman Cataldo to Mr McSweeney Would they open up the new pavement and, if so, would the Gas Company repair it and put it Gas Permit back in good condition? Mr McSweeney: They have to open up the street but the Gas Company will take care of the repairs Upon motion duly made and seconded, it was voted to grant per- mission to the Mystic Valley Gas Company to locate a 4-inch high 'pressure welded steel gas main in Valleyfield Street to service house No 59 Valleyfield Street, subject to the specifications of the Town Engineer 20 The Chairman read a letter from William L Phelan, 17 Nichols Road, informing us that his son was bitten on the hip on July 22 by the Nawoichik dog, Heidi Chairman Cataldo This is the same dog we ordered removed fro* the Town last year Nawoichik Mr Legro It Is the same name Dog Mr Phelan was present and said it is the same dog I talked• with Victor Nawoichik and there is no doubt in my mind we were talking about Heidi I have seen the dog on other occasions. I talked with Stephen Nawoichik this evening and informed him of the fact that' the matter would be discussed tonight; he said he has been in the hospital and might not be able to make it tonight Mr Legro The order is still withstanding; I thought the dog had been removed from Lexington I haven't heard anything official . Mr Kenney Do you have to have a 7-day notice for a dog hearing? Chairman Cataldo The Board agreed that Mr Kenney is to conduct a hearing on the Nawoichik dog to gather all the necessary facts for the information of the Board The Chairman read a letter from Captain John C Shull, Research Officer in Saigon, requesting information concerning the Memorial Pay VVAW demonstration by the Vietnam Veterans Against the War Captain Shull. lnforma- is in the process of establishing research files for doctoral work tion upon his release from the service in 1972 Upon motion duly made and seconded, it was voted to send Captain Shull whatever public information is readily available The Chairman read a letter from Mrs Sylvia Leyenaar, 30 More- land Avenue, stating that her name is on the publicized jury list and if she were called for jury duty, she would consider it a hard- Duty ship as her husband has just undergone open heart surgery Jury List Chairman Cataldo: On the jury questionnaire, there is a ques- tion asking if there is any reason why you can't serve on a jury and Mrs Leyenaar answered no Her name is in the jury box. The Board agreed to inform Mrs Leyenaar that her name is on the list and is in the jury box If and when her name is drawn, she may then appeal to the Clerk of Courts to be excused; if her name is not drawn, she will automatically be removed from the list in three years The Chairman read a petition from the residents of Grassland Traffic Street for "Caution Children" signs at approximately I Grassland Signs Street and approximately 30 Grassland Street Grassland Upon motion duly made and seconded, it was voted to refer the, Street request to the Traffic Committee for a recommendation Skolnikoff The Chairman read a letter from Eugene B. Skolnikoff, 3 Chandler Sewer Req Street, requesting a connection to the nearest appropriate sewer line 21 A report from the Town Engineer was read, stating that to sewer the lot, it would be necessary to first extend the sewer a distance of ap- proximately I80 feet from Upland Road to Chandler Street, at an esti- mated cost of $9,000 and betterment of $1 ,567 73 The recommendation is that this be included in the 1972 sewer lateral budget and a priority assigned, subject to a determination by the Board of Health Upon motion duly made and seconded, it was voted that Mr Skolni- koff' s request is to be considered at budget time to be included in the 1972 sewer lateral budget The Chairman read a letter from the Planning Board regarding Peacock Farms pedestrian easements and nature preservation areas to protect the attractive natural setting These easements were recorded by the developers, Benjamin Franklin Homes, Inc , in a form nor accept- able to Town Counsel because it required the Town to assume certain obligations Two of the easements include the condition that certain Peacock actions by the Town, through its Board of Selectmen, must be taken Farms before January 2, 1972; otherwise the easement rights will lapse Easement The Board agreed that these easements should not lapse and will pursue the matter with Town Counsel . , Mr Legro agreed to have a report by August 16 meeting The Chairman read letters from Donald M Sutherland, 11 Grant Place, and Robert Guest, 18 Grant Place, regarding low water pressure The Town Engineer' s report was read recommending that 400 feet of water main in Grant Place be replaced with a 6 in water main and 200 feet of Holland Street with a 6 inch water main There is money avail- Water able for this work under Article 13 of 1967. Main Chairman Cataldo to Mr McSweeney There is no question that water Holland main has to be replaced in some manner but do we know what we are going Street to do? Mr McSweeney We have spent a considerable amount of time on a survey. of Grant Place and it is just a question of what are we going to do with the parking area and access Chairman Cataldo Are you ready to go and put it in if the Board approves? Mr McSweeney Yes Holland Street is a different situation The Board agreed to act on Grant Place when the Town Engineer submits the proper information. Upon motion duly made and seconded, it was voted to authorize Mr McSweeney to install a water main in Holland Street The Chairman informed the Board that a letter has been received from the County Commissioners stating that if future work is to be done on Spring Street, it will be necessary that the Commissioners receive Spring St a petition for this, signed by five inhabitants of the Town The Board agreed to delay signing the petition until next week. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on July 19, 1971 . 22 The Chairman read a notice from the Massachusetts Selectmen's Assoc- House Bill iation recommending the support of House Bill 1558-a bill to limit the 1558 authority of the legislature to enact laws imposing additional cost on cities and towns except by a two-thirds vote or unless the Commonwealth assumes the cost Upon motion duly made and seconded, it was voted to support House Bill 1558 and to so inform Senator Mackenzie and Representative Cole Mr Gallagher, Chairman of the Recreation Committee, and Mr Bertini , Recreation Director, met with the Board Mr O'Connell informed the Board that there are two requests for the transfers for the "old res," one is for a transfer in the amount of $1500 for special police detail , growing out of vandalism. Mr Gallagher The Recreation Committee is concerned about vandalism at the "old res" and other parts of town on recreational property, and the real problem now isn't just vandalism but vicious- ness; booby traps are set up to inflict serious injury to people and there is some indication of mob activity of a large group of young- ` sters It is the Committee' s unanimous feeling that the manner in which we have been taking care of patrolling with college youngsters is not feasible and we are frequently concerned with their safety Old Res We had an emergency meeting with Mr O'Connell , Chief Corr and Mr Bertini to figure out the best way to handle patrolling We don't have enough money to take care of this as it requires more than one person from 10-00 p.m to 2 00 p.m and we feel it requires a profes- sional to handle the situation The vandals place glass in the water and if a youngster steps on it, it is a real problem. We find our- selves in a difficult position and we need to keep the facilities open There were better than 10,000 swim tags sold and we never sold more than 3,000; there have been 1 ,200 people in attendance some days and it has been higher than that. We have had a number of telephone calls when we had to close up to get back in operation Mr O'Connell requests the necessary monies to take care of policing. I would point out that we have returned to E & D some $800 profit from tags Mr O'Connell We are not dealing with casual carelessness in the discarding of broken bottles but deliberate distribution in the water I can show you a sharp pin in an upright position which was placed by the drinking fountain and covered over with dirt and could have been stepped on by children; it was discovered by a man when he pushed the dirt aside. This is what we are dealing with There seems to be little doubt there is gang activity and late night drunk- ness is a characteristic of the problem. We could have one member of the res staff stay until 10 00 p.m. and then have a police detail from 10.00 p.m. to 2 00 a.m. The cost of this combination is $12 or $13 a night and represents an estimated $300 a week for five weeks We may not have to continue this but are asking for $1500 if we have to continue through the season. Chairman Cataldo: It is unfortunate that it is not only happen- ing at the res but in every area in town. ,Mr Gallagher There are bottles and beer cans at the end of Park Drive and we are trying to do something about it The box that con- trols the electrical system at the tennis courts was broken open and we had to chain the entire area around the box, including the roof; we are now requesting a steel box. We have lost tennis nets and have had to buy two steel tennis nets at $102 a piece. This is getting very cost l y Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Recreation Account No. 2470, in the amount of $1500. Mr. O'Connell requested the transfer of $500 to cover two chemi- cal treatments for the "Old Res" . We did not put money in the Depart- ment of Public Works' budget for this; last year, we had the treatment required but it was charged to the Old Res Article; digging and Old Res preparation of the beach expended the Article. Mr. Cortell is donat- Transfer ing his personal services' fee to the Town and the money is for the actual chemicals Mr Cortell estimates $750 but I believe $500 will cover it. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Public Works Account No. 6000, in the amount of $500. Mr. Dailey reported on the meeting held by the Massachusetts Port Authority at Hanscom Field, which he attended with Mr. O'Connell Mrs. Riff in and Mr. Busa, to disclose their plans or lack of same re- garding the future of Hanscom Field. Mr. King took charge of the Hanscom affair for the purpose, once and for all , of making it clear what Field they were or were not to do ( I) They are not contemplating any runway extensions; they have been acquiring property to prevent high- rise buildings. (2) They have no intention of encouraging air cargo. (3) There is no question in their minds but that Hanscom is not a suitable field for air cargo because of inadequate space and would interfere with Logan Airport, which is a.much better place for aviation They think they can do a better job to accommodate the users of Hanscom and that is why they are building T hangers on the Lincoln side. All in all , it came through clearly that they are not pressuring Hanscom for an alternate or air cargo. The only thing going on is resurfacing one of the runways; the Airport is paying for that. The Chairman said that at the last meeting in June, we dis- cussed the sanitary landfill permits and told Mr Wilson, 73 Mariam Street, that we would discuss his question regarding the fee of $5 00 for a pickup truck when he is taking his own rubbish to the dump. I have asked Mr. O'Connell and Mr. McSweeney to give us their attitude Dump concerning this matter. Permit Mr O'Connell Basically, the problem seems to hinge around this one grey area due to classification of vehicles. Generally speaking, the DPW uses the registration class of vehicle and we have 24 run into a few cases and we feel an administrative decision can be ar- rived at In a few cases, someone lives in Lexington and ownsesfamily automobile, also a pickup truck registered as a commercial vehicle; it may or may not be registered in Lexington but at a business out of Lexington. In this category, if they want to haul rubbish to the dump, they should apply for and get a commercial permit. In some cases, it is the intent of the homeowner to haul household rubbish and in most cases, we have managed to work out a permanent arrangement. I don't think it is a problem but a few people get emotional about it We have to be careful because of the widespread abuse of the restric- tions of the landfill by people who get a permit and use it for rub- bish in substantial quantities from outside of Lexington. Mr McSweeney We have had continued abuse by contractors bringing in rubbish from outside and we make the owner sign a slip that this rubbish originates in Lexington. The residents have been most cooperative We have gone into permits for $2.00 for one day and have brought it down from $25.00 to $5.00 for pickup trucks for residents taking their own material to the dump; we were not charging them $25.00 and we have had very few complaints. Chairman Cataldo What is the Board's feeling? Mr Buse 1 recommend that we leave it as an administration policy on fringe cases Mrs. Riff in I would hope each household could get one permit at a standard fee for household trash and it would be the-same rate whether the owner had a station wagon or a pickup truck. Mr McSweeney: Not for a pickup truck Chairman Cataldo: if someone has a pickup truck and someone at the barn uses discretion, would you only charge $1 .00? Mr McSweeney No Mr O'Connell We made an exception if individuals are using a car not registered in Lexington but garaged in Lexington. Mrs Riff in I recommend that we follow the present policy but, in the future, look into issuing one sticker per household for per- sonal trash; each household pay a certain flat rate. It is the first year and I don't think we should change the policy now. Upon motion duly made and seconded, it was voted not to chdnge the present policy for sanitary landfill permits, $1 .00 for cars, $5.00 for pickup trucks with household rubbish; $25.00 for commercial vehicles with own household rubbish; $100.00 for commercial vehicles engaged in commercial pick up rubbish. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, If made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of public security and personnel of the Town, it was voted to go out of Executive Session and resume the open meeting. 9-` 25 Mr. McSweeney reported that he had attended a meeting held by the Massachusetts Bureau of Transportation, Planning and Development on an urban system highway network. We were asked to come up with a road system to tie in with surrounding towns and, if approved, will be 50 percent federal and 50 percent state funded. The design and construc- tion specifications have not been finished and this is in the prelim- inary stage They said we could add or deduct anything we wanted and, if they agree, they will put them on a map including Winchester, Woburn and Lexington and will send the plan to Washington by Septem- ber 1st. On that plan will be a place for the signature of the governing board or the representative. This urban highway includes Route 128 and is a programming for the future, in 1990. They have listed Waltham Street; Marrett Road; Woburn Street; Bedford Street; Massachusetts Avenue from the Arlington line to Pleasant Street; Massachusetts Avenue from Pleasant Street to the Minuteman; Watertown Street and Pleasant Street from Massachusetts Avenue to Route 2. We added Massachusetts Avenue from the Minuteman to Marrett Road; Spring Street from the Waltham line to Marrett Road; Adams Street be- tween Hancock Street and the Burlington line; Hancock Street from Bedford Street to Adams Street; East Street between Adams Street and State DPW the Woburn line; Winchester Drive-entire length; Maple Street- entire Urban length; Hartwell Avenue from Wood Street to Bedford Street; Worthen System Raid-new section between Marrett Road and Waltham Street; Concord Avenue between Spring Street and the Belmont Line; Lowell Street from the Arlington line to the Burlington Iine; Hartwell Avenue connector road. Chairman Cataido. At what point would we be able to veto it? Mr McSweeney When the time comes, like any other program, if you don't want the street done, they will put the money some other place They only have $7.5M for the whole Commonwealth Mr Kenney In other words, we could limit the agreement., Mr McSweeney We are agreeing that we are including these streets in the urban system. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer and approve the list of streets as suggested by the Massachusetts Department of Public Works Bureau of Transportation, Planning and Development and to add to the list of the above-mentioned streets for the Urban System Highway Network. Upon motion duly made and seconded, it was voted to adjourn at 10.00 p.m A true record, Attest „iv A ya �} xecut i ve Clerk, Select t' 26 SPECIAL SELECTMEN'S MEETING August 13, 1971 A special meeting of the Board was held in the Bird RWM, Cary Memorial Building, on Friday morning, August 13, 1971, at 8.30 atm. Chairman Cataldo, Messrs. Kenney and Buse, Mrs. Riff in; Mr. O'Connell, Town Manager and Mrs. McCurdy, Executive Clerk, were present Mr Zehner, Town Treasurer, met with the Board. He said that bids have been received to borrow $600,000 in anticipation of revenue loan, dated August 18, 1971 and payable October 29, 1971 . He requested the Board to award the bids. Upon motion duly made and seconded, it was voted to award the bids to the following banks in the total amount of $600,000, in anticipation of revenue loan, dated August 18, 1971 and payable October 29, 1971 Lexington Trust Company • $300,000 3.00% discounted New England Merchants National Bank $300,000 3.04% discounted Upon motion duly made and seconded, it was voted to adjourn at 8 42 a.m A true record, Attest rL ~ A AY Executrve Clerk, Selectmen I 27 SELECTMEN'S MEETING August 16, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, August 16, 1971, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs Riff in, Mr WConnell, Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, three jurors were drawn as follows Jurors John P Boyle 9 Wilson Road David A Somers 21 Paul Revere Road Richard A. Rosenthal 17 Blueberry Lane Hearing was declared open upon the petition of the Mobil Oii Com- pany for a license for below ground and above ground storage on the premises of Lafley's Mobil Service Station located at 25-27 Massachu- setts Avenue. A notice of the hearing was inserted in the August 5, 1971 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Department Attorney Nicolas J Mazzoni , representing Mobil Oil Company, was present and explained that application is made for an additional 5,000 gallon gasoline tank to increase the storage to 25,000 gallons from 20,000 gallons presently approved This would contain low-leaded gaso- line and the tank would be put in according to specifications and would be directly next to the two existing tanks now in the ground; it would be one-half the size of the existing tanks. Mobil- No one appearing in favor or in opposition, the Chairman declared Lafley' s the: hearing closed Service Upon motion duly made and seconded, it was voted to grant permis- Station sion to the Mobil Oil Company to install an additional 5,000 gallon underground gasoline tank on the premises of Lafley' s Mobil Service Station located at 25-27 Massachusetts Avenue, Lexington, and to issue a new license as follows To grant permission to keep, store and sell 25,000 gallons of gasoline; 500 gallons of waste oil; 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 600 gallons of motor oil, 300 gallons of anti-freeze; 80 gallons of hydromatic fluid; 40 gallons of gasoline in tanks; 60 gallons of brake field; 200 gallons of oil and gasoline, all in approved containers above ground. The Chairman informed the Board that the gasoline hearing scheduled Colonial for 7 35 p.m. on the application for Colonial Garage, Inc has been can- Garage celled and will be re-scheduled for a later date Hearing 28 Mr. O'Connell read a letter from Mrs Hazel Potter of Grant Street in appreciation of the work performed by the Town in refinishing Grant Street Mr O'Connell discussed the Emergency Employment Act of 1971 which has received considerable publicity, The significant thing for Lexington is that it falls in the category of municipalities not being allowed to directly negotiate for funds and the State has been Emergency constituted as Program Agent for all the State except the eligible Unemploy- cities. The State was taken by surprise and was not geared up for ment Act the mechanism for this and there is a 60-day delay for the processing of applications However, we have been in touch with the Department of Community Affairs which expects to be the administrative agency for the State and we have received preliminary information from Mrs Newman, Secretary of Manpower Affairs We are studying the Town's needs for application to allow us to qualify for funds We hope to have applications prepared to take advantage of the 60-day delay Some requirements are very strict, i e., a person must live in the community in which he is employed to be eligible. We have in mind the possibility of getting funds for the comptroller for one or more on Data Processing. Their restrictions are considerable; this is not a broad grant type of thing and to apply you have to employ a specific individual by name, giving his background and whether it would be a temporary position or would grow into a permanent assignment. you really have to seek out the unemployed and then fit them to the plc- ture Mr O'Connell is to report the progress to the Board at a later meeting ` The Chairman read a letter from Town Counsel requesting that the Board sign the Orders of Taking of sewer easements ( 1) through the land of John R Augustine et al, on Concord Avenue, and (2) Easements from Barberry Road to a location near Concord Avenue on the following prop- erttes Nisso Aladjem Lot 48 Field Road John W Cahn and Anne H Cahn Lot 47 Sewer Marian Chuan and Louise A Frey Lot 46 Orders of W Lloyd LdOoeuf & Flores H Leliboiuf Lot 435 Taking Leonard K. Nash and Ave B Nash Lot 44 James Mudra and Joan K Mudra Lot 42 Donald R Mapel and Sally F. Mapel Lot 41 The letter from Town Counsel states that confirmatory deeds and , releases of damages have been received from John R. Augustine etal, and Lloyd LeBoeuf et al, and it is believed that we should be able to obtain the other deeds and releases within the thirty days following the adoption of the order Both Orders of Taking are to be returned to Town Counsel for recording purposes. Upon motion duly made and seconded, it was voted to sign the Order of Taking of sewer easement through the land of John R Augustine et al on Concord Avenue, with an award of no damages. 29 Upon motion duly made and seconded, it was voted to sign the Order of Taking of sewer easements from Barberry Road to a location near Con- cord Avenue, with an award of no damages. The Chairman read a letter from Town Counsel requesting that the Board sign the Order of Taking for the Harrington property Harrington Upon motion duly made and seconded, it was voted to sign the Order Order of of Taking for the Harrington property with an award of damages to the Taking First Congregational Society (Unitarian) of Lexington, in the amount of $29,000. The Chairman read a letter from Town Counsel requesting the Board to sign the Order of Taking of the Oneida Corporation, Drummer Boy, land. As a substantial part of the consideration for the Town' s pay- ment consists-of a covenant with respect to the construction of Hadley Oneida Read and confirmatory deeds and releases not only with respect to this Corp taking but also with respect to prior sewer easement taking, the order Drummer is not to be recorded by Mr. Legro until he has obtained the confirma- Boy tory deeds and releases. A partial release of the Oneida mortgage is Taking also required. Upon. motion duly made and seconded, it was voted to sign the Order of taking of the Drummer Boy land, owned by the Oneida Corporation with an award of damages in the amount of $70,000. The Chairman informed the Board that a letter has been received from Dr. Fobert requesting the approval of a change in the number of pay days for the School Department from 21 days to 22 days; the addi- tional pay day results from a proposed change from the present prac- tice of paying on the 15th and 30th of each month to paying on alternate Fridays. This is due to the School Committee's unanimous vote to accept this item as part of the agreement between the LEA and School LSC which is included in the new contract for 1971- 1972. Dept. Mr O'Connell I have discussed this with the Comptroller and Payroll the,Schooi Committee did this without assessing the impact on the pay- roll system of the Town and without consulting the Board of Selectmen. Mr. Perry points out the difficult schedule, particularly where the week has a holiday in it, and this 'would add considerable hardship and workload in view of the fact that one of the considerations is when a pay day falls on a holiday, the pay day is moved up one day His recommendation is that in view of the fact the payroll system is about to be revised, the appropriate thing for the School Committee to do would be to defer this until the Comptroller could incorporate it in the plan for the first part of 1972 In addition to that, there are some things apparently left at loose ends This change is appli- cable only to the accredited teacher group and because it is not applicable to another group. The Comptroller would still have a number of people on the old payroll period The Comptroller recommends that the School Committee re-examine it and apply it equally to other em- ployees now on the present system Chairman Cataldo This is the same issue we asked them not to do until they had talked with us Upon motion duly made and seconded, it was voted to accept the recommendation of the Comptroller and to deny the request of the School Department to change the payroll schedule. Mr. Kenney: How does President Nixon's 90-day freeze on salaries affect the teachers? Mr O'Connell It is my opinion that since the teachers' contract normally is effective in September, it is subject to the freeze and this would have to prevail through the 90 days. Mr. Kenney: What about the other Town employees? Mr O'Connell I understand the freeze is across the Board; according to Secretary Connolly, the freeze applies. The Chairman read a letter from the Town Engineer regarding a proposal by Joseph W. Moore Co , Inc , Survey Consultants of Bedford, to survey certain parcels of land to be acquired by the Conservation Commission, as outlined in Article 10 of the Town Warrant Inasmuch as a number of surveys have been conducted by the Consultants recently in some of the areas of concern, plans could be prepared quite readily; other sections would have to be investigated properly prior to quoting Land at any firm costs for such surveys With the information available at Lexington this time, we recommend to budget an amount of $3,000 to $5,000 for Burlington plans to be prepared by actual surveys on the ground to meet it. all Line cases with the requirements of the Massachusetts Land Court and/or possible requirements by the Department of Public Works, Geodetic Division since the Town Line will be one major line of description. Mr Kenney Did you anticipate this expense? Chairman Cataldo No, but we have $35,000 in the Article appro- priation. Mr Kenney It seems to me that no matter how we acquire the land we have to have the survey. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to draw up a contract with Joseph W Moore Co., 14c., Survey Consultants, 324 Great Road, Bedford, for a survey Of the Lexington-Burlington line and a strip the length of the subdivision. Mr. McSweeney, Town Engineer, is to report back to the Board with definite terms for the project. The Chairman informed the Board that he had received a call from Mr Cosgrove of the Massachusetts Area Planning Council that Rte 128-3 they have been submitted a plan by the State DPW on the Route 128 Interchange and Route 3 Interchange MAPC would like the position of the Board' on the change I asked him to submit a plan to us and it has not, been received After discussion, the Board agreed with the concept but will withhold a final decision until a plan is received showing the actual Layout of the proposed reconstruction Mr McSweeney presented a plan for the further relocation;i0 Bow Street After a careful study of the proposed sidewalk construction, 1 31 he thought this was the time to take the "5" curve out of Bow Street; if we didn't, we would have to put a wall in front of the house, about 4 feet high and about 4 feet away from the house on the corner of Cliffe Bow St Avenue and Bow Street. Sidewalk After discussion, the Board agteed to accept the recommendations Order of of the Town Engineer. Taking Upon motion duly made and seconded, it was voted to request Town Counsel to draw up the necessary documents to make the takings on Bow Street, with an award of no damages Mr. Cataldo abstained Mr. Alden E. Cousins of the Department of Natural Resources met with the Board. Mr Donald Graham of the Planning Board, Mrs. Frick, Mrs. Rawls. Dr Kessler and Mr. Stanley Brown, Chairman of the Conser- vation Commission also attended Chairman Cataldo The purpose of the meeting was to discuss the Hatch Act and to hear your information and attitude of the enforcement level , and what changes should be recommended for legislation, if any, As we hold hearings and try to enforce the Hatch Act, most of the time, we find ourselves helpless on what the final disposition has been plus when we go to enforce areas we think it should come under the Hatch Act, and to what point should we go? Mr Cousins The general interpretation of the Hatch Act, because it is under the Commission of Natural Resources, is that people feel it is a conservation law and a prohibitive law but if you are going to categorize the Act, it is more of a public safety law in any areas con- sidering reconstruction to protect our water supply and flood control . I think many people feel it is a prohibitive act and they could not build under areas in the Act and this is not true. We only impose cer- tain conditions if the area is subject to the Hatch Act I know in D.N R many cities they are unhappy when we must issue orders and they make Hatch recommendations and this causes hard feelings. Other times Selectmen Act include conditions which we actually include and show on a plan; it is sad}, to show culverts, etc. on plans rather than try to spell it out on the permit. It is important that the Selectmen check the plans from the applicant against our permit and that we are both using the same licensing plan. Many diens if you feel there is a problem it would be well for the Town Engineer to meet with Water Resources or Public Health people and discuss it; there may be plans we don't know about. Lexington is fortunate that the Commissioner issued in- formation on February 12 on the upper Shawsheen Watershed area and this is one of the few areas with enough information for a policy that any work done in the future is subject to the Hatch Act and will either have compensating storage area for fill or compensating storage for water. If a person fills 100 ft of fluid storage, he must pro- vide for it somewhere else on the site, that will hold water on the site and discharge it at the same rate he would formerly discharge it; those take a lot more calculations On enforcement, there are new penalties and the Acts of 1971 increases the fine to not less than Ill $100 nor more than $5,000, or two years imprisonment, or both, We 32 have not taken criminal action against anyone under the clause. if some- one is stopped from filling or the Court issues a restraining order, he must comply. Whether it is for a public or private water supply, plans 111 must be submitted and it will be required to put the streams or rivers back where they originally were. As far as enforcing, they are en- forced by the Town. If you don't go the criminal route the Town can go by the route of the Superior Court and seek a temporary restraining order. A Notice of Intent must be submitted to them and if not given this, Town Counsel can do it through the Superior Court Chairman Cataldo One of our main problems is if we see someone filling a hole with water in it and he hasn't applied because he doesn't think it comes under the Hatch Act, how do we interpret it? Mr. Cousins We all have troubles. Your best bet would be to.bave the Planning Board or the Town authority request that a determination be made by the Department of Natural Resources, accompanied by some type, of locus plan or Assessors' plan and have one of our people come out and look at it Mr. Cataldo. How do you interpret fluid control? Mr. Cousins Any act done by any person that would cause flooding in an area adjacent to inland water. Chairman Cataldo: Is there any way hearings could be classified? We receive notices from you that we should hold hearings and could you classify these to us on how we should look at it. Mr. Cousins If I held a hearing, I would have the Engineer, Board of Health and a member of the Water Department look at it. It may be service water not shown on the project and if the Town Engineer feels certain culverts or relocation of streams will cause fluid or there is some question in his mind, his recommendation should be in- cluded Chairman Cataldo My question really was if you ask us to hold a hearing, do you feel it comes under the jurisdiction of the Hatch Act; is there any time it does not come under the Act? Mr Cousins By law, if someone sends a Notice of Intent to the Department of Natural Resources, he must submit a plan to the Board; he must submit three plans and he is saying that he is subject to this Act We notify the Selectmen - to alert you that he has applied to us, Chairman Cataldo: What about someone just filling a piece of , property? You say a plan must be submitted; if they have no plan, it is all done and all filled, how do you prosecute something like this? Mr. Cousins If we receive notification from any Town Board that a piece of land has been filled, we inspect it and if we find it is within the provisions of the Act we find provisions for it. Depending on how big the job is, the amount of detail and requirements will vary. If a person fills a backyard, we do not require as much Chairman Cataldo: As we look at the plan, as far as Shawsheen River is concerned, no matter what we did with Kiln Brook when you get to the river there is a flat spot; so this work on the brook would ac- complish nothing unless the river itself were dredged. Is there any- thing in the works to dredge the Shawsheen river or to reconstruct the watershed area? 33 Mr Cousins I know of no immediate plan to do dredging; I am aware of the study of the Shawsheen River and the alternative. Chairman Cataldo An appropriation was made by both the State and the Town and we have $30,000 sitting there and we must have information on a determination of somebodygoingto do something and what you would 9 and we would recommend Mr. Cousins There are a number of associated problems with this. Chairman Cataldo We decided not to go forward with the project Mr Cousins 1 will make a note for the Commissioner Mr McSweeney I have a question on a location on Bedford Street, which would come udder the Shawsheen Flood Control , that has 3 or 4 ft. of peat and under certain conditions we say clean, durable fill . Take a project of a motel , they can substitute that peat for gravel . You say now you have to have retention of water Mr. Cousins The retention I speak of would be a little difficult to produce on a site you speak of and it would also be difficult to come up with compensatory storage Mr McSweeney What do you do about going ahead, getting a build- ing permit and replacing with clean, durable fill? Mr Cousins The permit you speak of, that is what brought about this particular policy It is difficult for us to say that particular area will cause trouble; once you reach the extent of fill anything else is going to have an adverse effect. You have reached that level on Shawsheen If you have an area collecting a rapid runoff it is directed to the lowest point and if you start squeezing an area holding water, it will find another culvert The question is, is another cul- vert available for the water to flow through? Mr. McSweeney They can produce a next culvert. Can the Hatch Act prevent them from doing it? Mr. Cousins Yes, if they can't meet the conditions we will im- pose Chairman Cataldo. At the hearings, we recommend conditions and they are not imposed; these areas come under the Hatch Act Mr Cousins If you held a hearing, it was subject to the Hatch Act; if we didn't impose the conditions, it was not under our jurisdic- tion or if was incorrect or the Town was overruled. Mr McSweeney We don't have trouble with people complying. Chairman Cataldo Us there any legislation to be filed to put teeth into the Act for the original intent of the law? Mr Cousins I don't know What the original intent was. You could tell a man just so much; when we get in a tough situation, we take a lot of time. I don't know what people want As tar as changes go, I know what 1 want I don't know how some conservationists expect the State Legislature to deny a man to cut trees or put a road in The only way a parcel of land would not be used is for the Town to buy it. There are a lot of parcels on Route 128 and you cannot have legis- lation on property. There is a bill in the Legislature for modification.; the Governor's bill is in study It is combined in two Acts, the Jones Act and this particular Act, •shellfish, and water supply and flood con- , trol . I think there is one thing done with the Hatch Act that there is 34 a requirement of position by the newspaper The Selectmen say the hear- ing is under Chapter 131 , S. 40 and all they must notify is the appli- cant; it is important to require publication There is one bill for selectmen to write their own permit - we would write one and you would write one. The problem with this is that some towns meet once a month; a good project would come into town and the State approves it and then it would be hung up. Would they prefer two permits on equal standards? Chairman Cataldo 1 don't think it could be and survive; you might recommend 24 inches and our recommendation would be for 10P or 30”. Mr. Cousins It wouldn't work. Mr Brown We have problems. We have interested citizens call the DNR or the Selectmen Is any method considered more appropriate? Mr Cousins: I don't believe so. Many times communities call the DNR and say that someone plans to develop a swamp and he hasn't done anything; the Planning Board never heard of it and there is not too much we can do in these situations. Mr. Brown: For actual filling and there is no permit nor applica- tion, who bears the responsibility? Mr. Cousins Complaint can be made to the ONR, the Selectmen or the Police Department. Our problem is that officers used for enforce- ment are used on gaming laws, and they work a 7-day week. It might take two days to get an officer on the site. He can inform him what he is doing is subject to the Match Act; the second alternative is to go to District Court and get a complaint against the operator. Another option is to inform the individual he is in violation and we go through a restraining order Chairman Cataldo As it is set up here, a report comes to the Board and we send the Engineering Department out to look at the situa- tion; if, in their opinion, it is a violation, they ask him to stop; failing that, we cone to the ONR. 1 don't know of anyone who hasn't stopped. Chairman Cataldo thanked Mr Cousins for meeting with the Boards and requested that he send to the Selectmen his personal opinion of what legislation he would like to see enacted. Mr. Cousins I would have to go along with the decision of our, Commissioner If the Planning Board or Conservation Commission has any doubt, come to us. It is a service to the individual to let us check it and that he complies with the requirements of wetlands. Mr. Cousins retired from the meeting Mr. Irving Mabee, Dr. Jack Monderer and Mrs Touart met with the Ad Hoc Board and submitted a proposal for an ad hoc committee on Youth in the Youth Town of Lexington. The draft covered the purpose, responsibility] Committee duties, work of the Committee and membership to include one member representing the Selectmen, School Committee and Recreation Committee, Town Manager, Superintendent of Schools, Chief of Police, Recreation Director, three teachers from among five nominated by the L.E.A.; also, one member representing the Mystic Valley Mental Health Center, a clergyman from the Council of Congregations, High School P.T.S.A., Replace, Citizens' Committee for Lexington Public Schools and Hayden Recreation Center, Inc 35 I Dr Monderer We are all concerned With the youth of Lexington and we wish to share with you what We think may be the start Of a solution to a community problem with youth We are here basically to ask for help and guidance in determining the appropriate next steps Soon after an editorial appeared in the Minute-man suggesting an official Town Coww►ittee be formed, a number of Lexington citizens got together to discuss it and we call ourselves an Ad: Hoc Committee on Youth Each of us is active on committees and agencies with youth but we felt our efforts fell short of the norm by operating by ourselves; we would be unable to do it and we need liaison with other private agencies One way to achieve this was through a Town agency or committee to pull all groups together for this purpose, the concern of the Town facing with you the problems of the Town and it gives you a voice in assessing our problems and a voice in its solutions. it is a question of whether or not this should be, assuming it to be a good idea, a Selectmen estab- lished committee or Town Meeting established committee; we are not sure which makes the most sense. We would appreciate hearing your feelings Town Meeting might be more responsive to the wants and there would be a greater possibility of a greater youth spirit with a broader repre- sentative body and continuity over the years. We felt that by asking that a group be established by the Selectmen that the Board is capable of being most responsive to the needs of the Town as it has the power and can influence various agencies to work together by effectively dealing with the problems of youth and to give support to programs both 1n and out of Town Meeting At this point, we are unsure of the direc- tion to go and would like your reaction as to what direction we m.Lght take Chairman CataldoCIdon't think there is any question of everyone's interest in the youth of Lexington but there would be six different approaches. In my personal opinion, although every group you have listed should be com- municated with in some way, I don't think you would get too much accomplished with that large a committee If you go forward with this concept whether Town Meeting established or Board of Selectmen estab- lished, the overall is fine and necessary. For actual control, the Committee would have to be small , five to seven members, with the rest in an advisory capacity; this would lead to much greater and faster results. Dr. Monderer Actually, a small executive committee, with regu- lar meetings for alt membership and meetings with the executive committee to make evaluations. Chairman Cataldo If the main body didn't have to meet with the whofe group, then certain areas could be concentrated on I don't agree with you that just because it is Town Meeting or Selectmen es- tablished it will accomplish what you are saying; it will depend on your people involved The only advantage of either body is the Town participating in financially We have found that Town Meeting is the only one that gets them going Mr. Kenney My initial reaction is the same as Mr Cataldo' s. There are thirty-one people proposed on the committee and there are too many people. It might be possible for the executive comYhittee I 36 to operate on a continuing basis and to meet with others on specific meetings. You are in no shape with this proposal to go to Town Meet- ing because you really don't know how to work this. If you ask the Selectmen to appoint, you can change it around and adopt this and can get the organization set up and you could go to Town Meeting; at this stage, to get started without waiting for Town Meeting. It is good to have some group to whom a committee can report on a monthly or con- tinual basis. Chairman Cataldo If you are going to establish a committee,, I would hate to see it established when you don't know where you are going. Before any formal step is taken, regardless of how the commit- tee is appointed, there should be a tremendous amount of effort and thought put into it to make it work and then take the first step. Mrs Riff in I would like to see a committee established by the Board as it would give a certain amount of stability and prestige within the Town. We need more planning and coordination in order to develop as good a program for the youth of our Town as we possibly can have; It will take a lot of time and continuity, and I would like to see a committee established. Mr Bailey When I first had the opportunity to think about it, my first question was "Why should the selectmen be involved?" and assuming it to be answered, "How should they be involved?" I think, after pondering it for eight weeks, it is clear that the Selectmen could be involved but I don't know that it is necessary we do this for it to be a success. There could be a steering group to start off with. Mr. Kenney It opens the possibility of Town funding and also , gives the official stamp on the group. Mr. Mabee There is no point in having it if the Board doesn't think it is necessary; you don't need an extra committee. I. have heard you say that the Drug Committee just touches the problem and we are going to report to the Board anyway. I look at it as an ex- tention of the Drug Committee and a committee somewhat like the LCSR which serves as a real buffer for the Board of Selectmen. Chairman Cataldo There is no question the youth problem is tremendous and the effort put forth would be an advantage and help. I am sure we can be of some help and can see you getting things accomplished with the right membership. Mr Mabee We contacted every group on that list before the first draft and went back over it; this is the second or third draft. There has been a lot of thought already. If there is any-enthusiasm on the part of the Board, talk among yourselves and appoint a member. Chairman Cataldo: My feeling is there is no question I would like to see you keep going and explore it further Whether it is Selectmen or Town Meeting appointed can be decided later Mr Buse I concur. In the final analysis, to have one coordin- ating committee and not have a multitude going in different directions. I think this should be the ultimate The Board agreed to discuss the matter and appoint a representa- tive of the Board. 37 The School Committee and Dr. Fobert met with the Board. Chairman Cataldo We have a couple of items we would like to talk about before we go into executive session. One, our approach to next year's budget. Last year, we worked extremely hard to try and hold the line on expenses and we were successful in reducing the tax rate In my opinion, the School Committee did not cooperate to the point that we felt it added anything to the reduction on the tax rate Our approach to the tax rate this year is going to be exactly the same It has been said although there has been a reduction in the tax rate this year, next year it could increase by $:10.00. The Board doesn't want this to happen and we are going to look to you and the school budget for substantial decreases to effect another reduction or at least hold the line next year. We would like your budget submitted as early as possible so we can discuss the budgets and have ample time to evaluate them. Mr. Maguire I disagree with the position of the Chairman and feel that in Mr O'Connell' s words the School Committee was responsible toe 7e% of the Town budget, that they did use restraint and they were actually responsible for the reduction in the tax rate. Chairman Cataldo. Naturally, I disagree and, in my opinion, the School Committee contributed nothing toward the reduction in the tax rate; especially when we had to appropriate $80,000+ in June simply because the School Committee didn't do their job and have the estimates ready for the repair of the fire damage at the High School . When the insurance money was laying in escrow in Boston and it should have been in the Town treasury, we would not have had to appropriate that money' School and could have reduced the rate considerably. Committee Mr. Maguire This money will be available at the end of the year and, therefore, the Town would lose nothing. Chairman Cataldo: Yes, but we had to appropriate the money and put it on the tax rate this year only because you people didn't do your job We would like to discuss some of the points of your proposed con- tract with the L E.A The Board is very upset with the attitude of the School Committee in that we have asked you year after year that before you finally agreed to any terms that would affect the Town generally, to come in and talk with us so we could mutually agree in what direc- tion to go. The School Committee, once again, in agreeing with the teachers' severance pay regarding unused sick leave decided not to talk with us and to display any sense of cooperation with us in an area that will affect the Town substantially We have had this same request to us year after year by our different unions and we have denied them Our question to you is, the legislation that would authorize payment of this did not pass, so we are asking what is the School Committee's position oow3 Mr. Maguire 1 would have to research the legislation and see in what form it was passed that the School Committee would do nothing il- legally Chairman Cataldo We would like to discuss the two vouchers that have been quest+oned by Mr O'Connell and if it is the pleasure of the 38 School Committee to go into executive session, I will initiate a motion; but, as far as the Board of Selectmen is concerned, we are willing to discuss them in open meeting. Mr Maguire concurred that the School Committee would discuss the issues in open meeting. Chairman Cataldo. So there would be no question in anybody's mind, and for the record, is it agreed that the Town Manager was within his authority and responsibility in questioning these vouchers? The School Committee agreed. Chairman Cataldo: In the matter Of Karas and Karas bill , it is the feeling of the Board that although there was a fire, the areas were made safe and closed to the weather by the Fire Department and, School Department personnel; therefore, it was not a strict emergency to let this job without any indication of cost or at least a telephone quote. As we understand it, the School Department handles all its glass work in the same manner, whether it be an emergency or not. What makes it worse, a local glass company has asked for consideration to bid the glass requirements of the Town and there Is a letter onfile in answer to their request that the School Department does not put their glass work out to bid This could cast an image on how Somerr vi lle operates. This, the Board wants no part of. Therefore, it is the position of the Board that this invoice will be paid but we want the School Department and Karas and Karas to understand, without ques- tion, that if a purchase order or work order is placed under the same conditions and it is questioned by the Town Manager and the Board' .oft Selectmen has to investigate it, that the Board will not approve pay- ment of the voucher We are not asking the School Committee to change its procedure in any way if they do not see fit. We are simply stressing we do not agree with the procedures and if at any time in the future a voucher is submitted to us under similar circumstandes, we absolutely will not approve payment. The Board also discussed the payment of coin telephone bills throughout the school system. Mr O'Connell There was some question in the Comptroller's mind whether the Town had the authority to expend public funds for such purposes It was agreed that the matter would be researched and if this Were the case, the policy of all public telephones would have to be reviewed town-wide Chairman Cataldo Is there anything else the School Committee would like to discuss with the Board. Mr. Maguire The exchange of letters should be printed in the paper in as much as they are public record Chairman Cataldo I have absolutely no objection to them being printed. I would want to include a statement with the publication stating, specifically, the telephone conversations that led to the writing of these letters. If the Chairman of the School Committee is willing to make a statement regarding the telephone conversations and the true context of the conversations, -then, fine, the letters shou,I4 be printed I �QJ 4-111 Mr Maguire: I have no objection and would make the same statements publicly that I did in the letters. Mr. Page I was very upset about one letter that was written with- out my knowledge and I feel Mr. Maguire had no right to write a letter without telling me. Especially when they had a meeting scheduled for 7 30 and it was postponed until 8. 15 and there was ample time to inform me of the letter. Chairman Cataldo' Why was this action not part of your minutes? Mr. Maguire Such actions are not necessarily inserted in our minutes. Chairman Cataldo I still find it difficult to understand that the majority agrees to write this letter and your record and minutes do not show it was a vote or any part of your record Mr. Frick I am not aware that the Board of Selectmen has read all of these letters ahead of time nor am I aware of a vote by the Selectmen to write a letter Chairman Cataldo The letters I write say, personally, this is my opinion. Mr. Maguire The majority of the School Committee had agreed to write that letter. I have already apologized to Mr. Page and it was not done at my behest Chairman Cataldo If letters are going to be printed, so should the whole background, and they don't go together. Mr Eaton I came back from being away and read through this correspondence and read what was in the Minute-man and 1 was personally, deeply disturbed because I felt this was not the way to build the kind of cooperation, particularly after the meeting of three months ago. I would ask the question - is it the opinion of the other members of the Board as well as yours that the School Committee contributed absolutely nothing to the tax structure? I feel that the School Committee worked awfully hard and gave you a reduction in the teaching staff and re- ducing in many other areas and gave you the lowest percentage in any other budget To read it in the newspapers, and I feel it unfair and would like to know if other members feel the School Committee contri- buted to protect the taxpayers in the Town? Chairman Cataldo In the letter, I said in my opinion I will not speak for the Board Mr Kenney In my opinion, we would do well as a group to change the entire tone of conversation. Forget the letters and attempt to move in the future on a more firm basis 1 am not sure who is at fault for going this way and it would achieve no salutary re'Sults Mrs Riff in I think the full Committee budget speaks for itself and was debated on Town Meeting floor and the effect of the budget on the Town 1 feel also that the issues have been explained and ex- plored and we hake come to an understanding of what the Selectmen would expect The issues we have had differences on have been dis- cussed and printed letters can only inflame and have an effect on the people of Lexington I am hoping we can work together in a positive way and serve in the best interest of the Town on the basis of opinion and not personalities. 4U Mr Busa: In my opinion, we do receive copies of letters written by the Chairman and discuss letters written in his name, and there is never an objection raised In my opinion, we are unanimous in what he has written to the School Committee. I was not a member of the..Board when the budget was worked on. I have looked into the school budget and what the School Committee cut from the budget; I don't know the percentage but it should help cut the tax rate At the time $50,000 was cut and, in my opinion, this was all that was cut and the contribu- tion on a $10 M. to $12 M. budget, when every other industry was cutting 10 percent. In my opinion the School Committee contributed very little on the budget but the $50,000 which was brought up on Town Meeting fllQbr, and this is not a large contribution when everyone else cuts 10 percent. Mr. Eaton $50,000 was cut at the last minute on top of a greet deal more we had done additionally. Let's get that straight Mr. Busa There was no public information on what the budget would have been before the School Department pared it down. Are you trying to tell me there was? Mr Frick There was a public hearing on the budget and fourteen people in Town did attend; if they had, they would have been better in- formed. n- formed. Mr O'Connell Has the School Committee issued a final budget for 1970? I have never seen a 1971 school budget yet. Mr. Bailey 1 don't think there is any question in any mind that cuts were made and contributed to cuts in the taxes. One difficulty we face is coping with a fairly large and complex budget, and our question is, does the School Committee have difficulty also? This leads, on the basis of what we see, to possible substantial and additional progress made in other directions, and this is lurking behind our community. We are attempting to sit down to make our position clear, with budgets coming up. Work keeps coming up alluding to the different style ie+►,the school department expenditure items compared with other Town boards and committees. Our style is painfully clear; it is pretty much down to the bone and I don't see the evidence that the school department's Is; there may be Mr Maguire We had an interesting discussion with the Appropria- tion Committee and a really high level of communication had been established and we retain it in the same high level established by--our two boards. A letter was written by the Chairman; letters are public and I feel, in my opinion, within the bounds of propriety they be stopped. Mr. Kenney That is your opinion, do you think it would do the Town any good to publish? You just said you want to establish rela- tionship with the Board. Chairman Cataldo The letters were only written as a result of our conversation in answer to your letter. 1 would say publicly what I said in the letter If you want to go that route, fine, but as far as I am concerned, there should be a statement regarding telephone conversations Mr. Maguire I agree that was the wrong route and agree not to pursue. I strongly insist that we meet again and thrash out our differences. I 41 Chai.iman Cataldo: We will discuss the two bills, and as far as the Board is concerned, we are not asking you to change and not demanding you to change; we are just telling you to change your approach. Mr Page I am very upset the way things are going on the School Committee and I would like to see some changes. The School Committee and Dr Fobert retired from the meeting Later on in the meeting, the Board discussed the Karas and Karas bill in the amount of $2,945 61 and the bill from the New England Tele- phone Company in the amount of $50. 10 for coin operated telephones at Karas 6 the Hancock School. Karas Upon motion duly made and seconded,, it was voted to release the N E Tel check payable to Karas and Karas for glass work performed at the High Bills School , in the amount of $2,945 61 . Upon motion duly made and seconded, it was voted to request the Comptroller to process payment to the New England Telephone Company for coin operated telephones at the Hancock School, in the amount of $50. 10. The Board agreed that Mr. Perry would finalize the authority of the Town for payment of coin operated telephone guarantees. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following pole location which has been approved by the Town Engineer Shaw Place Pole Shaw Place, northwesterly, from a point approximately 62 feet Location northwest of Augustus Road, three poles Chairman Cataldo read a letter from Anthony J. LoSecco of Forest Hills, New York, complaining about a guide on the Green Guides Chairman Cataldo I have talked to Rev Handley and he will take care of the matter Chairman Cataldo read letters from Mr Rodger P. Nordbiom and Attorney Jack J Moss regarding the Lexington-Burlington land Mr. Nordblom states that in regard to the question of access to our prop- erty in Burlington over Lexington streets and adjacent property, it is not our intention to use these for vehicular access provided that tex7ngton our property Is developed for commercial use, and also provided that Burlington access can be worked out from across Route 3 from Burlington. If Land either of the above conditions are not met, we would anticipate using access from Lexington for a single family residential development. We are mindful of the concern of the Lexington residents in this area and intend to do everything possible to alleviate their fears of any encroachment on their privacy by future developments To accomplish this, we would propose to submit our plans for the development of our property at the appropriate time in the future I am sure that the discussion which would follow would be mutually advantageous Rest assured that we intend to extend every possible condideration to these residents 42 Attorney Moss states that Mr Taylor and I are willing to enter into a binding agreement, but this is conditional upon the Town of Lexington supporting the passage of the bill to give permission to the Town of Burlington for access from Burlington, and also the eventual passage of the bi .kl . After discussion, the Board agreed to reply that the conditions set forth are not sufficient to insure the residents of Lexington proper protection Unless further conditions are met to provide protection, the Board will not support the passage of the bill . Mr Kenney reported on the Nawoichik dog hearing held on August 12, 1971 at 9 00 a.m following a written complaint to the Board of Selectmen from Mr William L. Phelan, 17 Nichols Road, against a dog named Heidi , owned by the Nawoichiks, 16 Nichols Road Mr Kenney The written complaint was from Mr. Phelan, whose son was bitten on July 22 and had to be taken to the hospital. Mr Phelan hopes the Board would do something, especially about the April 30, 1970 restraining order Another man was present at the hearing, a Mr Tossbverg, who had known the dog since it was a puppy and there is no doubt that it is the dog we had the hearing on. Mr. Phelan Mr. Tossberg is a neighbor of mine and lives almost across the street Mr Tossberg didn't sign the original petition because he felt rather kindly toward the dog but he has changed his position. Nawoichik Mr Kenney We have a problem dog here and I have asked the Dog Town Manager to make a specific recommendation this evening. It is my idea that we must do something about this dog Mr O'Connell I have received a letter from Stephen Nawoichik stating that the notice of the hearing was sent incorrectly to Edmund Peter Nawoichik. Stephen has acknowledged receipt of the notice of the hearing by sending me this letter. Stephen writes that he was unable to make the hearing because of a very pressing business engagement but would appreciate having another hearing if this is possible. As of the last posting of the Town Clerk, this dog is unlicensed. Subject to concurrence of Town Counsel, i make the following recommendations That the Board, acting under the re- straining order of April 30, 1970, Section 158 of Chapter 140 of the General Laws, instruct the Chief of Police if the dog is found out- side and not in his immediate care, this is the section of law grant- ing to a police officer the authority to kill the dog if it is again found outside. The Board should inform the owner and call attention to Section 155 of Chapter 140 which covers the liability fOr damages to children or property, and Section 159 which covers treble damages for damage after notice, and Section 156 that any person may kill a dog if it assaults him. Mr Bailey What about the first part of the April 30, 1970 order? Chairman Cataldo As far as this order is concerned it is stilt in effect and can be enforced. You should get Stephen in to estab- lish concretely that this dog is Heidi and then we can process it and inform him it must be removed or we destroy the dog. 43 Mr. Kenney We have the testimony of the neighbor who has known the dog since it was a puppy Chairman Cataldo We can't take the testimony of the neighbor. Where Stephen is willing to come in, we can establish that fact beyond any question, and get him to acknowledge it under oath Mr Phelan It seems to me it has been established beyond any doubt that this dog was indeed Heidi and the same dog the order concerns Chairman Cataldo Who testified to this? Mr Phelanc Mr. Tossberg I don't understand why he was not present tonight Chairman Cataldo I am taking the precaution for the Town of the possibility of destroying the dog The order calls for the removal of the dog and failure of this, the Board must have a recourse Mr. Phelan I hope we don't come to the destruction of the dog I have great sympathy for Mr. Nawoichik and no desire whatsoever to have the dog destroyed All I am asking is that this dog be removed Mr Bailey What if they won't do it? Chairman Cataldo They have entered an appeal We have to take the next steps ( I) to ignore it, (2) to take action, which is to de- stroy the dog. Mr O'Connell We do not have the authority to go on his premises to have the dog destroyed Mr Phelan That surprises me You can't go to court and ask the court to enforce your order? Chairman Cataldo The statute clearly states what our alternatives are. Mr Phelan I am very concerned now with talk about destroying the dog This gets violent and I hope it won't be necessary Chairman Cataldo Say we talk with Mr Nawoichik and he just goes along as he has been going, what is your feeling2 Mr Phelan If it comes to that, I would have to think about it Chairman Cataldo If we turn our backs and your children did get bitten, what then? No answer from Mr Phelan. Mr. O'Connell The law always uses restrain or remove; if the owner keeps the dog tied up, he is complying with that order. From a practical standpoint, you know the possibility of that dog getting out That's why the law makes the provision and the only option left to the Board is to destroy the dog Chairman Cataldo This is why we said "removed from the confines of Lexington " Is there anything to change the personality of this dog to make it less dangerous than last April? Mr Phelan The evidence speaks for itself Chairman Cataldo We have to establish the fact beyond any doubt that this is the dog We have to face up to the responsibility and you put us there. Mr. Phelan There is no personal animosity towards the dog. There is no question in my mind of their affection for the dog but I have a responsibility to my children and I am willing to cooperate with the Board and Town Counsel and the Town Manager 414 Chairman Cataldo I see no evidence for us to change our position Mr Kenney If I call Mr Nawoichick and ask him under oath if it is the same dog and 1 will remind him the order is still in effect and the dog must be removed The Board agreed that Mr Stephen Nawoichik is to be questioned under oath if his dog, Heidi , was in fact the dog that bit the Phelan boy on July 22, 1971 . A letter is to be sent by the Board to Mr Nawoichik that the restraining order of April 30, 1970 regarding Heidi is still in effect and the Board demands that Mr. Nawoichik abide by such order Mr Phelan retired from the meeting. Mr Kenney reported on the Stankowski dog hearing held on August- 12, 1971 following a written complaint from the residents of Grapevine Avenue urging that police action be taken to remove foom a position of Stankowski committing injury and the threat of injury the dog belonging to the Dog Stankowtki family at 30 Grapevine Avenue A sufficiently substantial history of these above allegations exist to justify such action. Mr Kenney A report has been received from the Dog Officer that the dog bit one of the complainants The recommendation would be to issue a restraining order on the dog and if Mrs. Stankowski could keep the dog in the house or tied up, hopefully it would end Mr O'Connell There was some evidence that this dog was being the victim of the way the children treated .it Upon motion duly made and seconded, it was voted to request Town Counsel to draw a restraining order to be issued to Mrs Gloria Stankowski , 30 Grapevine Avenue, regarding her dog named, Admiral . Chairman Cataldo read a letter from the Planning Director in re- sponse to a request from Mr David Dickerson of Somerville to purchase tax title land in the area of 8 Willow Street and 10 Valley Road near Tax Title the railroad tracks. The letter states that the Planning Board is Dickerson unable to determine which specific parcel or parcels of land Mr Dickerson would like to purchase It is the opinion of the Planning Board that no town-owned land in the area between the railroad and Bedford Street shouldibe sold at this time because of several possi- ble uses for such land Upon motion duly made and seconded, it was voted to inform Mr Dickerson that the Board concurs with the Planning Board that no land in the area be sold until a more definitive plan is agreed upon for that section of Town Chairman Cataldo read reports from the Town Manager, Town Trea- surer and Town Comptroller regarding proposed legislation for a Legislation National Domestic Development Bank Upon motion duly made and seconded, it was voted to write to Sena- tor Hubert H Humphrey that although this legislation would helO some communities, it would not help Lexington in any way, therefore, we- do not support the passage of this bill . Mrs Riff in abstained 45 Chairman Cataldo read a request from Youville Hospital for a one- day permit for a formal benefit bail at the Lexington Grey Nuns Provincial House on Pelham Road on Friday, September 17, 197.1, from 8.00 p.m. to 1 00 a.m One-day Chairman Cataldo 1 talked to Town Counsel and it is his opinion Liquor that we have no authority to grant a one-day license Permit Upon motion duly made and seconded, it was voted to inform the Youville Hospital that the Board has no authority to grant a onetday license to sell liquor. Chairman Cataldo read a report from the Planning Director in re- ply to a request from the MBTA for information on the availability of land for increased off-street parking facilities assessable directly from Route 128 to areas adjacent or near commuter railroad lines. MBTA The Board agreed to inform the MBTA that until plans are further developed for this whole Route 128 area in Lexington, we should not commit any specific parcels of land The Board will request inform- ation from the MBTA regarding the extension of any commuter lines in this area. Upon motion duly made and seconded, it was voted to sign water abatements for the following Abatements Mr. DiPietro 27 Paul Revere Road $18.90 Wrong billing Ruth M Kirouac 646 Lowell Street 16 45 Freeze-up dial left on Upon motion duly made and seconded, it was voted to certify the character of Barbara Siegert and eleven other Lexington residents who have applied for Certificate of Incorporation "Lexington Friends of Cert. of Children in Special Education, Inc " to be located at 132 Follen Road. Incorp. Upon motion duly made and seconded, it was voted to certify the character of Irving K. Zola, 55 Wood Street, who has applied for Cer- tificate of Incorporation "Greenhouse, Inc " Chairman Cataldo read a letter from R.G Converse, 40 No Hancock Street, regarding a bad situation with a catch basin at Bertwell Road Catch and the corner of his property. Basin Upon motion duly made and seconded, it was voted to inform Mr. Converse that the situation will be taken care of Chairman Cataldo read a request from Lois C. Ernst, Realtor, re- questing extension of Town sewer system to service lot 9 Washington Street at the expense of Dr. Alvise Braga Braga After discussion, the Board voted to authorize this sewer to be Sewer constructed to the specifications set forth by the Town Engineer with the total cost to be assumed by the owner Upon motion duly made and seconded, it was voted to sign the III petition to the County Commissioners for relocation and specific re- Spring St. pairs to Spring Street 4'6 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on July 26, July 29 (Special), August 2, and August 13, 1971 (Special) Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting Executive on Matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of aY person. After discussions of matters concerning committees of the Town, it was voted to go out of Executive Session and resume the open meeting. Mr. O'Connell recommended that Mr. Norman Cohen be appointed a Conserve- member of the Conservation Commission Mr Cohen will do a good job tion for the Commission. Appoint- Upon motion. duly made and seconded, it was voted to appoint Mr. ment Norman Cohen a member of the Conservation Commission for a term expir- ing April I, 1974. Upon motion duly made and seconded, it was voted to adjourn at 11: 15 p.m. A true record, Attest /1 xecutive Clerk, Selectmen 1 47 SPECIAL SELECTMEN'S MEETING August 31, 1971 ++(l Y A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, August 31, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs. Riff in, Mr Legro, Town Counsel , Mr O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs Chisholm, Acting Clerk, were also present Town Counsel informed the Board that he has approved as to form the contracts for Sanitary Sewer Construction and Traffic Signals. Upon motion duly made and seconded, it was voted to sign contract 70-7-E for sanitary sewer construction awarded to J M Lucente Company, Contracts 9 Hilltop Avenue, Lexington, in the amount of $ 160,969.05 Upon motion duly made and seconded, it was voted to sign contract 70-8-E for the installation of traffic signals awarded to New England Traffic Signals, Inc., Winthrop, in the amount of $13,965 00. Town Counsel informed the Board that the deed to convey the old fire station to the Trustees of the Minute-man Realty Trust is ready for the signature of the Board 1 have talked to Mr Giroux and he intends to go forward Chairman Cataldo I don't think anybody knows where this thing is going Mr Legro The sooner it is done, the better Mrs Riff in Is there anything going on that we all should know/ Fire Chairman Cataldo They are so far behind Station Mr Bailey Is there any hope? Lot Chairman Cataldo I want to talk with the Board I would like to Central meet and see if we can resolve the situation I would like to see if Block we can get some direction Does the Board feel that this is important enough? I would not like to see this thing blow up Mr Legro. They gave no indication Chairman Cataldo. 1 feel we should hold the matter until the September 8th meeting Mr Legro If they want to complete the exchange, we ought not to hold them up Town Counsel informed the Board that the Harrington option is ex- tended until September 30, to give time for the Federal estate tax so Harrington it will be within the 30 day period The Federal government might take Option the position that the lien was greater than the purchase price There is a very remote possibility The Board agreed to discuss the matter at the September 8 meeting 4S Mr Legro I am proceeding with the acquisition of the Oneida Land Today, 1 received a copy of the release. The Titlebaum land is somewhat Oneida at a standstill The Ballou property Esstill in the same position, no Land further information. Chairman Cataldo It is in the hands of the Conservation Commissti. Mr Legro We received two or three of the confirmatory deeds or re- leases on the Field Road sewer easements Mr Nash refused to sign the releases Chairman Cataldo what is the status of the Frissore Soule land acquisition? Soule Mr Legro Mr Soule called and said he was going to Africa and wanted to know if he had to sign papers for the conveyance Mr Legro agreed to contact Mr Soule to get the necessary papers in proper form for the acquisition Mr O'Connell I think the Board would like to be brought up to date on the Emergency Employment situation We have joined Arlington, Waltham, Belmont and Lincoln for the purpose of exploring further. Emergency Waltham is to act for the group There is a deadline There are many Employment unknowns, the State is to adjust by population allocation We have Act been advised that Town by Town unemployment statistics are being devel- oped We don't know what this will do Another problem is that our hiring would be limited to Lexington residents We will have to file formal application We are likely to find the program is going to be heavily slanted toward filling jobs for under-priviledged groups We have to learn our way through this Mr O'Connell is to keep the Board informed The Chairman read a request from the Town Engineer to sign the memorandum of agreement between the Town and the State Department of Public Works for the 1971 Chapter 90 resurfacing Chapter Upon motion duly made and seconded it was voted to sign the memo- 90 randum of agreement between the Town and the State Department of Public Works for the Chapter 90 resurfacing; Waltham Street - Massa- chusetts Avenue to Waltham Town Line; Watertown Street - Belmont ioWn Line to Pleasant Street Upon motion duly made and seconded it was voted to sign the sewer Sewer charges in lieu of betterments for Grace Chapel, 59 Worthen Road, Lexington in the amount of $2,383 87 The Chairman read a letter from the Assistant Chief Engineer of Sewer Pipe the Boston and Maine Corporation requesting the Board to sign the agree- Contract meet for the change in rate from $5 00 per year to $30 00 per year for sewer pipe. The current rate of $5 00 per year will still be in effect until the recent presidential order covering wages and prices and current rental rates is terminated. 49 Upon motion duly made and seconded, it was voted to sign the agree- ment for change in the amount of $5 00 per year to $30 00 per year with the Boston and Maine Corporation at the old rate of $5 00 per year for Contract No 54939-Sewer Pipe, Lexington and Contract No 27868 - Pipe - Fottler Avenue Chairman Cataldo read a letter from the Lions Club of Lexington notifying us of their intent to have the Annual Old Fashioned Fourth of July Carnival in 1972; and stating that certain problems will hopefully Lions be resolved before this event Club The Board agreed that this letter was for the purpose of going on Carnival record that they wished to hold the carnival next year, but certain questions must be resolved, additional controls made and the fireworks schedule reviewed We have reservations and will go over the matter at a later date Chairman Cateldo read a letter from the Traffic Committee regard- ing crosswalks on Massachusetts Avenue, as a result of Mr J Campbell's request for painting the crosswalk opposite the Post Office The Traffic Committee feels that painting the crosswalk will not make it safer. Studies made in other States indicate that painting or strip- ing the crosswalks does not reduce, and in some instances increases, the number of pedestrian accidents By giving a false sense of security and by attracting the drivers' attention to the painted sur- ' face instead of the pedestrian, a painted crosswalk may increase the Crosswalks hazard Mr Bailey I think that people do not know that it is manda- tory to stop at crosswalks. Chairman Cataldo Is this a State Law? Mr O'Connell It is the law. Upon motion duly made and seconded, it was voted that the law is to be enforced, motorists must stop for pedestrians in crosswalks. A notice is to be put into the Lexington Minute-man to that effect and warning signs are to be placed at the entrances to the Town of Lexing- ton that motorists must stop for pedestrians in crosswalks Chairman Cataldo read a letter from Arthur L Cody of 14 Albe- marle Avenue regarding the conditions at the corner of Melrose and Albemarle Avenue and requesting new lighting at this location because it is a dark area due to many trees and the single bulb type lighting is inadequate; also heavy shrubbery is detrimental to safe traffic Lighting conditions & Shrub- Mr O'Connell I have the answers, the problem is basically a bery at budget problem and could be remedied at 1972 budget time As for Melrose & the matter regarding the high hedges at hpuse No 12, the shrubbery Albemarle is overgrown into the public way approximately 5 feet which is Avenues typical of this area Upon motion duly made and seconded, it was voted to defer the lighting request for the 1972 budget and to request the owner of house 50 No 12 to cut the hedges, or if he won't do it, ask for his approval for the Town to cut back that portion overgrown into the public way Chairman Cataldo read a letter from M Inez Dias of 389 Concord Avenue complaining of the intolerable conditions that exist at the corner of Waltham Street and Concord Avenue, the strip between Brewsters restaurant and their property, due to fill being dumped and pushed against trees and bushes He also read a letter from Fill Com- Donald K Irwin, Building Inspector, who has made an investigation plaint of the property and agreed that the fill is now at the tree line and Brewsters continued fillings will eventually kill the tree The edge of fill appears to be 20-25 ft from the property line of Dias and Brewsters Mr Cataldo also read a report from Mr McSweeney, Town Engineer, who said an investigation had been made and concurred that a consid- erable amount of dirt and/or miscellaneous fill had been placed in the area Mr. O'Connell I have some additional information by way of a telephone call received from Mr McManus, the owner .of Brewsters, who said he had no previous knowledge of a complaint from Mrs. Dias on the matter and requested he be furnished with a copy of the complaint Mr McManus said that he would do everything possible to correct the situation He had thought he was doing his 'good neighbor thing' by allowing the State to dump fill in the area It was agreed that Mr O'Connell would talk to Mr McManus and take care of the matter Mr David Marshall of the Permanent Building Committee was in- troduced to the Board by Mr. O'Connell . Mr Marshall I am a representative on the problem of the foundation wall at the new Jr High School and regarding the reso- lution with the general contract You have read about this matter in the newspaper; to summarize the situation in question, the trouble was aggravated by the wall bracing during construction. It was in- adequate bracing and reported five hours after I investigated it Jr. High We called ,i.n engineers for a discussion. Dr Miles Clair, Interna- School tional consultant, is a noted consultant He came out and made observations and made a report to your committee. All of these reports indicate the same measure of corrective action It probably won't move any more and need not be taken down. Dr Clair recom- mended the corrective steps that should be taken; add to inside face 2" thick concrete material to bolster structure thickness of wall; to protect water infiltration gunnite should be reinforced; We should get from contractor the specified tolerances and last night we received his recommendation which was correct I recommend after some discussion that they go back to him and negotiate a few more points Releases should be obtained from the contractor on any delays, that payment would be covered and all costs to be borne by him and be made to negotiate these points 5 ! Chairman Cataldo I assume you are about to accept the wall with these corrective points The matter is financial not structural - the wall would be structurally sound? Mr. Marshall We are making decisions based on recommendations of four engineers. Mr. O'Connell There is a need for administrative and supervi- sory control on the job. Mr Marshall I do not wish to discuss the matter any further, I think it should be done in Executive Session I don't wish to have the contractor have the benefit of my statements, this is the reason I would choose to,have discussion in Executive Session Mr. Cataldo Would you like to go into Executive Session now? I would like-the Committee to be her to get them on record, 1 think it is that serious. It should be worked out and laid on the table. The wall is one small part of the problem. Mr Marshall It is the responsibility of everybody from top to bottom. My thoughts might coincide with yours, we need a full committee. Mr Busa We should have a meeting Mr O'Connell We are not dealing solely with the wall We should make it known before Friday Finishing the school is the most important issue. Mr Cataldo Do you basically maintain the completion of the wall is subject to the committee being here? Mr O'Connell The committee claims that they did not have much notice Mr Cataldo They had the same notice we did, Has the wall moved any more than the 5 inches? Mr. Marshall No, it hasn't moved any more. The wa-Il is going to be tied in with the concrete wail to form a rigid box frame The trouble is the wall is standing by itself. Mr Bailey I don't think the Selectmen should become involved in solving the wall problem, we should give guidance and avoid repeats. Mr. Marshall The contractor has not been present at the meetings, it is a strange atmosphere, like operating in a fish bowl . I wish to guard my opinions Mr Cataldo I couldn't agree more. Mr Kenney Does anybody have any questions of Mr Marshall? We wish to thank you for coming in and will schedule a meeting in Execu- tive Session There are too many things involved. You shouldn't project your moves. Mr Marshall retired from the meeting,. Upon-motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating ,or voting on Executive matters which, if made public, might adversely affect the public secur- Session ity, the financial interests of the Town or the reputation of a person After discussions of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m A true record, Attest Acting Clerk, Selectmen V ^. S 52 SELECTMEN'S MEETING September 8, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Wednesday evening, September 8, 1971, at 7 30 p.m. The meeting was opened at 7 30 p.m by the Executive Clerk. Present were Mr. Legro, Town Counsel, Mr. O'Connell, Town Manager: The meeting was delayed until 9 00 p.m. until the arrival of Board members, Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs Riff in At the request of the Town Clerk, four jurors were drawn as Jurors follows Jacob B. Gardner 17 Normandy Road J Paul Pemsler 6 Castle Road Harry E. King, Jr. 578 l4arrett Road Jerome Margolin 10 Thoreau Road Mr. O'Connell read a request from Mrs. Gladys W. Katz, Publicity U.N Chairman for the local Chapter of the American Field Service, for the Flags United Nations' flags to be flown along Massachusetts Avenue in the Center from Sunday, September 12, to Tuesday, September 14. The Board had no objection, Mr. O'Connell is to inform Mrs. Katz that arrangements will be made to have the flags on display. Mr. O'Connell discussed the Emergency Employment Act and re- quested the Board to vote to accept the consortium concept under the Act to record its intention to enter into an agreement with the City of Waltham as sub-agent, subject to terms of agreement yet to be worked out. The initial allocation of $57,000 was established on a popula- tion basis; final allocation of $28,203 results from applying an Emergency unemployment factor which is supposed to represent the relative Employment unemployment among the six consortium towns The rules are being Act changed daily and two significant ones in the past two days are ( I) 50 percent of the positions are around $7,000 and (2) the goal of one-third minimum of jobs to go to special veterans Priorities may be rearranged to fit available applicants. The result is prob- ably one professional job and one or two clerical or low skill requirement jobs. If we were given $57,000, we would have been , c. allowed 6 jobs but we may now get 2} to 3 jobs Chairman Cataldo: Are they the ones we want? Mr O'Connell The professional job is very important to the Town; the others are going to be clerical and does net represent our top priorities Chairman Cataldo We keep getting reductions We are losing money on this bill . 5:3 Mr O'Connell I think we ought to continue in the program and, after discussion with Town Counsel , I recommend that the Board vote to accept the concept. Upon motion duly made and seconded, the Board voted to accept the consortium concept under the Emergency Employment Act, and records its intention to enter into an agreement with the City of Waltham as sub- agent, subject to terms of agreement yet to be worked out. Chairman Cataldo read a• letter from the Permanent Building Com- mittee regarding the lack of attendance of Committee members at the PBC-New Jr meeting with the Board on August 31 , 1971 and requesting that another High School meeting be scheduled Wall The Board agreed that Mr. O'Connell is to schedule a meeting with the Permanent Building Committee to discuss the new Junior High School wall . Chairman Cataldo read a copy of a letter from the Concord Board o,f Selectmen to the Acton Board of Selectmen stating that Acton's suggestion of an ad hoc committee to be made up of a building commit- tee member from each of the member towns to assist the Regional Regional Vocational Technical School Committee in making its final building Vocational decision is a most constructive one and it would appear that such a High School committee would be most helpful in reviewing the work of the Sites Sub-committee and in making recommendations to the Regional Vocational Technical School Committee as to a final decision. After discussion, the Board agreed to write to our representative on the Regional Committee, Mr. Molls-Christensen, for his comments on the proposed ad hoc committee. Chairman Cataldo read a request from George A. Sinkevich, Presi- dent of the Knights of Columbus, requesting that the name of the Liquor Manager specified on the current Club Liquor License be changed from K of C William F. Cobuzzi , Jr. to Mrs. Eva M, Burbidge of 9 Manning Street New Manager Upon motion duly made and seconded, it was voted to approve the request of the Knights of Columbus to change the name of the Manager on the Knights of Columbus Club Liquor License from William F. Cobuzzi , Jr. to Mrs. Eva M. Burbidge Chairman Cataldo read a letter from MBTA Liaison Officer O'Brien requesting that registration for Senior Citizens Half-Fare Passes be held in Cary Memorial Hall on October 7, 1971 from 130 p.m. to MBTA Half- 4:00 p.m. Fare Passes The Board agreed to submit a copy of the letter to the Minute- man for publication of the registration date, and to inform the MBTA that Cary Hall has been reserved for registration. The Chairman read a letter from the Town Clerk stating that the 1971 State 1971 State Census for the Town of Lexington has been completed. The Census breakdown of the Town population is as follows 54 Precinct One 6,440 Precinct Two (Includes 689 patients at Met State Hospital) 6,022 Precinct Three 4,840 Precinct Four 4,933 Precinct Five 5,886 Precinct Six 5,291, Lexington Population as of January 1, 1971 33,412 The Board discussed appointments to the Lexington Commission on LCSR Suburban Responsibility. Appoint- Upon motion duly made and seconded, it was voted to appoint the ments following members of the Lexington Commission on Suburban Responsi- bility, for a term expiring June 30, 1972 Dr Robert Mann Council of Congregations Reappointment Daniel P Buse Chamber of Commerce Appointed Frank I Michelman Civil Rights Committee Appointed Miss Anne Scotney Lexington High School Appointed Joel Swets Lexington High School Appoieted Daniel E. Power Housing Authority Appointed Clarehee Dr Turner Interfaith Corporation Appointed Mrs. Lois W. Brown Metropolitan Area Planning Council Reappointment Dr Eric T Clarke Planning Board Appointed Mrs. Elizabeth H Clarke School Committee Reappointment Mrs. Frank Totman Comm. on Suburban Responsibility Reappointment James McLaughlin Town Meeting Members Association Appointed Mrs. Natalie H Riffin Board of Selectmen Reappointment Mr Busa abstained from voting on the appointment of Daniel P Buse as representative of the Chamber of Commerce The Board agreed to hold the appointments of the representatives Hold of the League of Women Voters, Route 128 Industries and Parent-Teachers- Appts Student Association until three nominees have been submitted by each organization Upon motion duly made and seconded, it was voted to certify the Cert of character of Robert J. Brennan, M D who has applied for Certificate lncorp of Incorporation "Bay State Health Care Foundation, Inc " to be located at 16 Clarke Street, Lexington Upon motion duly made and seconded, it was voted to authorize the I D Card Chairman to sign the Liquor I D. card for Kevin C Mulkerin, l4•,Ellison Road Upon motion duly made and seconded, it was voted to sign water Water abatements for the following ' Abatements John H Hinchcliffe 4 Washington St. $10.85 Wrong Meter Reading Dorothy J Bowley 37 Webb St. 7 00 Wrong Meter Reading 55 IIIThe Board discussed Traffic Committee reports. Chairman Cataldo read a recommendation from the Traffic Committeerre- garding the request of the Middlesex and Boston Street Railway Co. for a change in route for the bus which comes from Waltham to turn around the safety island at Massachusetts Avenue and Woburn Street, instead of around the Battle Green onto Massachusetts Avenue. M & B Bus The Traffic Committee recommends, and the M & B Street Railway Co Route doncurs, that the Board approve a modification of the original request Change Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to grant permission to the Middlesex and Boston Street Railway Co. for the northbound bus coming from Waltham Street onto Massachusetts Avenue to make a stop in the Center` and-continue on Worthen Road southeasterly to Waltham Street with a possible stop near the High School and then turn right onto Waltham Street bound southwesterly, rejoining the present route Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted by the Board of Selectmen Novem- ber 13, 19647 are hereby amended as follows Traffic "VOTED That the traffic rules and orders of Lexington Rules adopted by the Board of Selectmen November 13, Change 196 are hereby amended as follows Waltham Street By deleting rom Article V, Section 3, Schedule No 2 the following Worthen III LOCATION SIDE FROM TO Road Waltham Street West 132 feet south of Massa- 188 feet south of chusetts Avenue Massachusetts Avenue and by adding to same: Worthen Road West 35 feet south of Hayden 95 feet south of Hay- Center Driveway den Center Driveway Worthen Road West 75 feet south of Baskin 135 feet south of Road Baskin Road The Traffic Committee report states that the M & B Street Railway Co. has also requested that the stop at Depot Square be extended by removing one parking space as it is a transfer point which at times must accommodate two buses; recommendation on this additional request is with,- held ith-held pending a review by the Traffic Committee Chairman Cataldo read a recommendation of the Traffic Committee not to erect Caution Children signs near No. I and No. 30 Grassland Street Traffic since this street does not meet any of the several warrants for the in- Grassland stallation of such signs. Recently constructed sidewalks obviate the St Signs IIIneed for the use of this street by pedestrians 5€ Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee not to erect signs on Grass- land Street, and to so inform the residents of Grassland Street who have petitioned for the erection of the signs Chairman Cataldo read a recommendation of the Traffic Committee that no action be taken on access to the Franklin School through the Junior High construction site In the opinion of the Traffic Com- Franklin mittee, the installation of a guard rai,l in the grass plot separating School the sidewalk from the pavement on Waltham Street is not warranted or Access necessary The Committee has discussed the matter of an additional pedestrian walkway across' the Junior High construction site with Mr Whitman of the Permanent Building Committee and he concurs with the earlier position of the School Committee Chairman that while the school is under construction, the builder controls the area and would be responsible for any accident to outsiders permitted on the site. Crossing the construction area would be infinitely more hazardous than the use of a sidewalk along Waltham Street, particularly since it would be impossible to prevent the children from straying off the designated path. The Traffic Committee reiterates its position that no special problem is evident now but that a dangerous situation would be created if the builder could be induced to permit children on the construction site Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee that no action be taken until the new Junior High School is completed Chairman Cataldo read a letter from the National Organization for Women and the legal Task Force of NOW requesting that the report of the Town Counsel be made public so that Lexington citizens may be made aware of what procedure has been used for jury pool selections in the Jury past, and what changes, if any, have been suggested by him and whether List any will be implemented in the future Chairman Cataldo The 1971 jury list has been compiled and sub- mitted The 1972 jury list will not be compiled and submitted until July, 1972; therefore, Mr Legro' s report is expected some time in April, 1972 and at that time the Board will evaluate this report and implement whatever recommendations it sees fit. We will not discuss the jury list again until that time Woman in the audience Town Counsel does help with the select tion? Chairman Cataldo No, he does not The Board agreed to inform the National Organization for Women of its position on the jury list Chairman Cataldo read a letter from Mr. Caswell, Chairman of SILO SILC, regarding support of a Hanscom circumferential road Hanscom Chairman Cataldo I talked with Mr Rader of SILC and assured Circum. him that we would neither support nor oppose the program at this time Road as our top priority is still our access road, as originally submitted. The Board agreed to reply to Mr Caswell in this manner. 57 Chairman Cataldo Last week, we appointed Mr Wenham and Mr Empey as members of the Safety Committee Has the Board given any thought to the appointment of a citizen-at- large? Mr O'Connell I would suggest that because safety is involved, Safety I could contact our insurance agencies Committee The Board agreed that Mr O'Connell is to talk with our insurance agencies and make a recommendation on the appointment to the Safety Committee. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating. or voting on matters which, if made public, might adversely affect the public secutity, the financial interests of the Town or the reputation of a person Executive After discussion of matters of financial interest to the Town, it Session was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m A true record, Attest )0/41' 4/6„a,x,,, -0)22 Executive Clerk, Selectmen 1 SELECTMEN'S MEETING September 13, 1971 I A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 13, 1971, at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, and Busa, and Mrs. Riff in; Mr. Legro., Town Counsel; Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, twelve jurors were drawn as follows Melvin G Holland 38 Webster Rd. Martin Koocher 90 Middle St. Ronald J. Runstein 36 Philip Rd. Christopher- B. Walker 22 Bakkia Rd Jurors Peter C Rummell 15 Bennett Ave Earle M. Heyman 103 Outlook Dr Robert E. Boudreau 8 Bartlett Ave Robert H. Gray 509 Woburn St Morton L. Hodin 7 Todd Rd. Ralph E. Fleishman 28 Shade St Charles J. Abate 7 Blueberry.Lane Joseph E. Driscoll 1 Harbell St. Hearing was declared open upon the petition of Mobil Oil Company for license for below ground and above ground storage at the premises lo- cated at 1668 Massachusetts Avenue, Colonial Garage, Inc. A notice of the hearing was inserted in the August 26, 1971 issue Gasoline of the Lexington Minute-man and sent by certified mail to the abutters Hearing as listed on the records of the assessors Colonial Application was approved by Chief Spellman of the Fire Department. Garage Mr Edwin Murphy was present as the representative of the tank installation company and presented a pian to the Board Chairman Cataldo: A plan was submitted to us and the location approved by Chief SPellman. Your plan is a different plan and in order to issue a permit it'would have to be approved with our plan Which plan shows the correct location? Mr Murphy didn't know Upon motion duly made and seconded, it was voted to table the petition of the Mobil Oil Company for a license for the Colonial Gar- age Inc , 1668 Massachusetts Avenue until a new plan is submitted and approved by Chief Spellman. Upon motion duly made and seconded, it was voted to sign sewer Sewer betterment assessments for the following Betterment Assessments Cooke Road East Street Lowell Street Douglas Road Fulton Road Massachusetts Avenue Chairman Cataldo read a letter from Howard, Needles, Tamen & Bergendoff stating that the firm has been retained by the State DPW to Route 2 prepare an Environmental Impact Statement in conjunction with the pro- posed Route 2 improvement study, and would request a meeting to discuss the matter further 59 Chairman Cataldo This is a new approach taken by the State DPW, based on a meeting we attended at District 4 Mr O'Connell Would it be the feeling of the Board to get the views of the Conservation Commission? The Board agreed to send a copy of the letter to the Conserva- tion Commission and the Planning Board asking for their comments before September 22. Chairman Cataldo informed the Board that bids have been adver- tised and received on September 10 on the sale of tax title lot No 48 Hillside Avenue A condition of the sale is that the lot must be combined with an existing lot and not used as a separate building lot. Two bids were opened at 4 00 p.m on September 10, 1971.; Mr Robert W Cerrig, 872 Massachusetts, Avenue, Cambridge, owner of lots 46 and 47 Tax Title Hillside Avenue, in the amount of $101 51; Mr Lawrence M Butler, 48 Hillside 9 Bruce Road, Lexington, in the amount of $650 00 Avenue Mr Kenney Mr. Butler Initiated the request to buy this lot Upon motion duly made and seconded, it was voted to sell and convey to Mr Lawrence 14 Butler, 9 Bruce Road, tax title lot 48 Hill- side Avenue for the sum of $650 00, subject to the condition of sale that the lot must be combined with his existing lot and not used as a separate building lot; also, subject to any betterments assessed against the lot Chairman Cataldo read a letter from the Massachusetts Select- Town Report men' s Association informing us that the Town has been selected as Award the Winner of Class 1 award of the 1971 Town Report Contest The award is to be presented at the Annual State-wide Town Meeting to be held at the University of Massachusetts on October 9, 1971 at 10 00 a.m Members of the Board and Mr Zehner, Chairman of Town Report Com- mittee, plan to attend the meeting to accept the award on behalf of the Town Upon motion duly made and seconded, it was voted to sign and sub- mit to Secretary of the Commonwealth John F X. Davoren the certifica- 1971 State tion of the total number of inhabitants by each precinct in the Town Census of Lexington totaling 33,412. The Board agreed to consider the appointments to the Safety Com- mittee and the 1975 Celebrations Committee when recommendations have Appointment been received from the Town Manager. Chairman Cataldo read a letter from Mrs Miller, President of the League of Women Voters, submitting three nominees for appointment of LCSR-LWV the representative to the Lexington Commission on Suburban Responsibi- Appointment lity Mrs. Keith Butters, Mrs Charles Haldeman and Mrs James Gleason The LWV strongly urge the reappointment of Mrs. Butters. Upon motion duly made and seconded, it was voted to reappoint Mrs Keith Butters a member of the Lexington Commission on Suburban Respons- ibility to represent the League of Women Voters, for a term expiring June 30, 1972 I III 60 Chairman Cataldo said that members of the Board had met with Dr. Robinson in June regarding a drug program he was initiating at a half- Drug way house on the grounds of the Middlesex County Hospital At that Program time, 1 expressed that the Board at some point would like to talk with him on how Lexington could be served and we would consider parti- cipating. What is the Board' s feeling? The Board agreed to set up a meeting with Dr Robinson. The Board agreed that Mr O'Connell is to schedule a meeting with the Permanent Building Committee and the Board to discuss the New Junior High School . Chairman Cataldo said that, in July, we requested the Town Clerk to give us more information about redistricting the Town. The informa- tion has been received and as the statute now reads, if we chahge our precincts, we would have to have two sets of voting fists Arlington changed its precincts and has two different polling places. Some legislation has been filed this year and, if passed, we would have Redistrict- about a month to submit a redistricting plan to be approved It is ing my feeling that if the legislation is passed, we should have a plan ready; if not, we would have to wait until 1980. Mr. Buse We should put in motion whatever vehicles are necessary to get started to put it in operation. Does it come under the Clerk or the Board of Selectmen? Chairman Cataldo• The Board of Selectmen Mr O'Connell I have a suggestion that out of the work we havq been doing in the past year with a computer service on the voting list, the computer service would be a big help and would do a lot of the mechanical work to determine how certain splits would come out; most of the voter list information is in the computer now Chairman Cataldo: Why not think about appointing a committee of five and have them submit to us a recommended redistricting. The Board agreed to take it under consideration. Mr. McSweeney informed the Board that a check has been received Bedford from the Bedford Air Force as first payment on the W P C. 217 Relief Sewer Sewer Project in the amount of $31,338.57 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secur- Session ity, the financial interests of the Town or the reputation of 4 person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at .8 45 p.m. A true record, Attest . Executive Clerk, Selectmen L SELECTMEN'S MEETING September 20, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 20, 1971 at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, Mrs Riff in; Mr Legro, Town Counsel; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present. At therequest of the Town Clerk, two jurors were drawn as follows Jurors Leon Sherlock 32 Bridge Street William J Weisensee 4 Morris Street Mr Legro requested the Board to sign the contract for engineering services for the Spring Street survey to Barnes Engineering Company, Spring Inc., 411 Lexington Street, Auburndale, Massachusetts. Street Upon motion duly made and seconded, it was voted to sign the con- Survey tract for engineering services for the Spring Street survey to Barnes Contract Engineering Company, Inc Mr. O'Connell reported to the Board that he had contacted Rev. 111 Peterson regarding the letter received by the Board from the Council of' Congregations stating that a letter had been sent to all pastors of all churches whose congregations might consider the display of the creche on their own grounds on a rotating or longer term basis. This inquiry Creche will form the basis for possible alternatives to the Common as a loca- tion for the creche. Mr O'Connell has arranged for a meeting with Rev. Peterson and Dr. Mann on Tuesday evening, September 28, to discuss the matter of the creche Mr. O'Connell informed the Board of the results of the reminder cards sent out to the apparent owners of unlicensed dogs There were 1,234 names on the list and a response was received from two-thirds of the people; 189 reported they did not have a dog since the last period Unli- of licensing;. 19 were out of town. There were 602 additional dog tensed licenses issued, and there was no response from 424 people. We feel Dogs we should go forward with formal action on these 424 people as they have been given adequate time to comply There are 2,612 dogs licensed in the Town, an increase of 251 over 1970 If the Board is in agree- ment, we will go forward with the normal citation The Board agreed that Mr O'Connell is to make the necessary arrangements for formal action to be taken against the owners of un- licensed dogs in the Town Mr. O'Connell discussed the Emergency Employment Act and said Emer that the State seems to have tentatively approved for Lexington three Empl.Act 62 positions, a management systems analyst, a clerical position, and a radio service man for Police, Fire and Civil Defense That repre- sents, according to their calculations, $26,400 on wages for these three jobs; that is $1,800 more than we expected based on the $28,000 allocation they made There is still no official authoriza- tion and no federal funds. Chairman Cataldo read a letter from the president of the Senior Citizens Club requesting consideration of the Board for permanent quarters for an office Chairman Cataldo They requested this two years ago and we turned them down because we didn't have space for them Senior Mr Kenney I am sympathetic with their request but they are a Citizens private organization. I see the probability of some space in Cary Office Hall building if the Cary Trustees are willing. Space Mr Bailey Mr Kenney mentioned that it is a private organiza- tion but it is a private group on its own, coping with a large segment of Lexington. Anything we can do to get them in this building or another spot, we should try to do; otherwise, it will fall in the Selectmen' s lap The Board agreed to inform the president of the Senior Citizens Club that as soon as we have moved and all departments are settled in the complex, the Board will then consider the request for space. Chairman Cataldo read a complaint from Bruno Nicolas , 55 Albe- marle Avenue, regarding the condition of his driveway after the installation of storm drains_on Albemarle Avenue. Nicolai Chairman Cataldo We have asked the Superintendent of Public Complaint Works for a report The Board agreed to acknowledge the letter and inform Mr. Nicolai that as soon as a report is received, the matter wilt be considered and he will be informed of the decision of the Board» Chairman Cataldo read a letter from Paul F Bartel, Lexington Community Fund Chairman, informing the Board thet United Fund Sunday will be September 26 and the campaign will run through November 18, with the neighborhood solicitation commencing October 24, 1971 Mr Bartel would appreciate the support of the local volunteers in their efforts United Chairman Cataldo This is strictly information. Every year, we Fund have been asked to appoint someone to represent the employees Mr O'Connell Several names have been suggested to Mr Bartel but they are looking for someone to take all Town government Chairman Cataldo They should have someone from General Govern.* ment and someone from--the School Department Mrs. Anne Scigliano 1 heard that they have Dick Barnes of the School Department', and will have soieone from• the Police Depbi tment and the Department of Public Works. The Board agreed to let Mr. Bartel come back to Mr O'Connell 1 orb Upon motion duly made and seconded, it was voted to sign water abate- ments for the following Abatements Donald Earnshaw Frozen Meter 0 7 - $16.67 Incorrect amount shown 542 Mass Ave. Frozen Meter 23 - $ 17 50 Incorrect amount shown Chairman Cataldo read a letter from Mr Herbert S Kassman, Secre- LCSR- tary of Polaroid Corporation, submitting two nominees for the position Rte 128 of representative of Route 128 Industry on the Lexington Commission on Industry Suburban Responsibility Howard Scharfman and David S Gray; also that Appointment he would be willing to serve on LCSR for another year. Upon motion duly made and seconded, it was voted to reappoint Herbert S Kassman a member of the Lexington Commission on Suburban Responsibility as a representative of Route 128 Industry, for a term expiring June 30, 1972. Chairman Cataldo read a notice of a meeting with the State DPW to be on September 27, 1971 to discuss the current status and plans for Route 2. Route 2 _Mrs. Riff in, Mr Bailey and Mr McSweeney are to attend the Meeting meeting Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on September 8 and September 13, 1971 . Chairman Cataldo read a letter to the Board from Mrs Kenneth Merrill , 9 Gleason Road, stating that she had stepped on glass, which had been covered with leaves, in front of 70 North Hancock Street and received a severe foot laceration. She requested that the Town clean up this area and the area from Gleason Road down to Bedford Street. Also, Mrs Merrill requested reimbursement from the Town for bills in- curred. Mr Legro These letters usually come to the Town Clerk and she is required to send a copy to me I have received a copy from the Merrill ! Selectmen and will make my investigation I will ask Mr. McSweeney Accident for a report and will make my recommendation to the Board Mr O'Connell I would like to comment that this has been a continual problem with glass being covered with leaves We put trash baskets on poles, hoping they will put it in there but it hasn't been successful . The Board agreed to instruct the Superintendent of Public Works to clean up the area involved, and to so inform Mrs Merrill; also, her request for payment of medical bills will be considered after the Board has received a complete report on the matter Upon motion duly made and seconded, it was voted to sign the street betterment assessments for the following streets Street Assessments Bridge Street - Grassland Street - Manley Court Ewell Avenue - Hillcrest Avenue - (2 sections)- Vaille Avenue 64 Chairman Cata I do read a letter from Mr John E Donofrio, es i dent of Charles River Cable Television Inc requesting a meeting with the CATV Board to discuss consideration of a franchise to build and operate a CATV system in the community. The Board agreed to get a copy of House Bill No. 6076 and evalu- ate the entire situation before discussing it with applicants for a CATV system Chairman Cataldo informed the Board that Mrs Frick of the Con- servation Commission called regarding hawkers and peddlers in the lawn. Hawkers 6 She feels we should be more careful when we issue permits to them as' Peddlers she has recently had two unpleasant experiences with young people, License one very persistent magazine salesman and one very young boy selling candy. They are licensed by the State and we have regulations in the Town. I know of no way of controlling it. Mrs Riff in Except to advise people not to let them in Mr O'Connell Chief Corr gave me a memo indicating if the Board desired it, under the existing by-law it could require that the Chief of Police issue a permit Now, all it does is to ask them to make themselves known to the Police Department The Police Department would be happy to do this. If they could grant permits, they could deny a permit for adults using a group of children to solicit Chairman Cataldo They can stop that now. Mr. Legro I thought the Chief was controlling that situation. Mr O'Connell Theytried to keepit under control but it is getting out of hand because the Police Department has not actually issued a permit but just asked these people to identit^t' them9eii9s. If they didn't have a hawkers and peddlers license, they were told they could not operate in the Town Mr. Kenney The by- law is quite explicit that any person en- gaged as a hawker, peddler, canvasser or door-to-door salesman lin the Town shall register with and obtain a permit for the same from the Chief of Police upon such terms and conditions and with such appro- priate charge to be made therefore as the Selectmen may determine. The Board agreed to request the opinion of Town Counsel regarding the hawkers and peddlers license if a Town permit is required if a hawker or peddler has a State license or could we prohibit a hawker or peddler from selling with a State license Upon motion duty made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the pi,`lic Session security, the financial interests of the Town or the reputation of a person. After discussion of matters concerning land acquisition and the reputation of a person, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m A true record, Attest all, / I Executive Clerk, Setectmen/ � CJ ®i SELECTMEN'S MEETING September 27, 1971 A regular meeting of the Board of Selectmen was held In the Bird Room, Cary Memorial But iding i.on Monday evening, September 27, 1971 , at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey and Busa, Mrs Riff in; Mr Legro, Town Counsel; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and -Assistant Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present. At the request of the Town Clerk, five jurors were drawn as follows Warren B. Chafe 1109 Massachusetts Avenue Jurors Natalio Kerllenevich 145 Grove Street John C Mott-Smith 108 Pleasant Street Robert M. Collina 15 Ames Avenue Philip N. Bredesen 35 Blossomcrest Road Mr O'Connell informed the Board that a request has been received from Project Concern to change the date of the Walk for Mankind to Saturday, November 13, 1971, with a rain date of November 14, 1971. Approval was Walk for granted by the Board on June 2, 1971 to conduct the walk on October 16 Mankind Upon motion duly made and seconded, it was voted that the Board had no objection to the change in date to November 13, 1971, rain date of November 14, for the Walk for Mankind. Mr O'Connell recommended the appointment of Norman Stolz of Brewer and Lord, the Town's insurance agency, as a citizen-at- large on the Department of Public Works Safety Committee DPW Upon motion duly made and seconded, it was voted to appoint Mr. Safety Norman Stolz, 2139 Massachusetts Avenue, a member of the Department of Committee Public Works Safety Committee for a term expiring September I, 1972. Mr O'Connell informed the Board that the Comptroller has obtained bid's on a one year rental of a new computer. After evaluating the bids, he recommended the proposal of the Burroughs Corp as having the best overall equipment and offered at the most attractive price, $660 per Computer month for rental of computer The comptroller recommends, and I concur Rental that we go forward. The Board agreed that Mr O'Connell is to make the necessary ar- rangements with Mr Perry to rent a computer from the Burroughs Corp., in the amount of $660 per month, for one year Mr O'Connell informed the Board that a letter has been received from the State United Nations Day Chairman requesting that a community U N Day United Nations Day Chairman be appointed to establish a local program Chairman for October 24. 1 43t3 Chairman Cataldo A previous request had been turned over to the Town Celebrations Committee. I shall again write to Mr. Barnes, Chair- man of the Committee that the Board feels the Town Celebrations Com- mittee should participate in this program and requests that he respond to the letter. Mr. O'Connell informed the Board that Mrs McGonagle of the Red Bloodmobile Cross Chapter has requested permission for a bloodmobile on the grounds next to the Red Cross House on Saturday, October 2; also, permission for a sign in front of Cary Hall to enlist donors. The Board had no objection. Mr O'Connell informed the Board that the last of the tax bills Tax had gone out on September 20 and the receipts to date are $550,000; Bills as of the same time last year, we had received $675,000 but the bills had gone out earlier. Mr O'Connell discussed hawkers' and peddlers' licenses. Chief Corr's specific recommendations are the Board designate tliat the Police be directed- to issue a written permit, which would have a fee for all peddlers who wish to peddle door-to-door in the Town If such a prac- tice were designated by the Board, as allowed under the by- law, it would be ordered in such a way that the fee could be waived where appropriate, such as a non-profit or civic organization. Chairman Cataldo The Board asked Town Counsel for his inteepre- tation of the by- law and whether the State statute took precedent' brier anything the Town could establish Town Counsel ' s reply has been received that he has reviewed GL Chapter 101 Sections 13-33, and it is his opinion that a person who holds a license from the Director of I'I Hawkers & Standards and Necessaries of Life in the Department of Labor and Indus- Peddlers tries may sell or barter goods, wares and merchandise not expressly prohibited by statute in any town specified in his license, and that the Town cannot require him to obtain a local license. A by- law that purports to require such a license is, in my opinion, invalid. Section 22 of the Statute, however, contains the provision that a hawker or peddler licensed by the Commonwealth under that section shall be subject to such total rules and regulations as may be made by the Selectmen. This provision would seem to give the Selectmen some reasonable latitude in requiring canvassers or door-to-door sales- men in the Town to register and obtain a permit from the Chief of Police and in imposing other reasonable terms and conditions. Under Section 19 the Selectmen may also make regulations consistent with the General Laws relative to bootblacking,by minors, and to the sale or' barter by minors of certain goods, wares and merchandise, and may pro- hibit such trade or sales, or may require a minor to obtain from them a permit therefor to be issued on terms and conditions prescribed in such regulations. it is my opinion that some control may be exercised under Section 21 which provides for a fine or imprisonment of any person who employs a minor, or having the care or custody of a minor, 67 permits him to engage in hawking or peddling without a license, if one is required, or, for himself or his agent or any other person, fur- nishes or sells to a minor any article with knowledge that he intends to sell it in violation of the provisions of the statute Chairman Cataldo As I understand it, although the State license gives them permission to come in, we can give a license to operate. They don't need a permit if the State permit includes the city or Towns. Mr Legro It must name the town and the Chief of Police of the town out of which they operate is to certify them Chairman Cataldo: From what Chief Corr's position was, that would fit within the framework Mr O'Connell Except for the fee; it probably couldn't specify the fee He addressed Mr Legro and asked if he were right that the Police should not permit an adult to come in with a crew of children? Mr Legro The Chief, under the Selectmen, has a right to pro- hibit unless the minors themselves have a license The Board instructed Mr O'Connell to review the rules and regu- lations for hawkers and peddlers for the Town of Lexington and to come back to the Board with recommendations for an amendment, which will be subMitted to Ibwn Counsel for his consideration. Mr O'Connell informed the Board that a letter has been received from Mr Phelan regarding the Nawoichik dog being off the premises again. A few days prior to receipt of the letter, I had a discussion with Mr Phelan and informed him of the action taken by the Board to again inform Mr Nawoichik that the restraining order issued by the Selectmen on April 30, 1970 is still in effect and the Board demands that he abide by such order The problem is that the law doesn't require the Board to physically remove the dog and I asked him to notify us when the dog was off the premises. Chairman Cataldo What is Mr Phelan' s attitude about our destroy- Nawoichik ing the dog? Dog Mr. O'Connell: He seems to have changed. Chairman Cataldo' The letter went out that the order was still in effect and we were ready to enforce it Mr O'Connell No one had seen the dog around for a few weeks until we heard from Mr Phelan. I would suggest that now that the Board' s letter has reached Mr Nawoichik, a copy of the letter should be given to Chief Corr and the Police be instructed to act if and when the circumstances call for it The Board agreed that Chief Corr should be so advised. Chairman Cataldo read a letter from Attorney Francis W.K. Smith, on behalf of Priscilla E Tarbox, offering Lot 462 Banks Avenue to the Town This is a 30-foot lot and Mrs Tarbox has been informed that the Town Tarbox owns the adjoining premises, presumably tax title property, and she felt Lot 462 it might be to the Town' s best interest to accept a deed to this prop- Banks erty Mrs Tarbox has no desire to continue paying taxes on this prop- Avenue erty but neither does she desire to have it appear under the estate as 111 being taken for non-payment of taxes Mrs Tarbox has received notifi- cation that a sewer betterment of $193 64 would be assessed on this lot fib Perhaps with the sewer in Banks Avenue, the remaining lot of the Town with the addition of this lot would be of greater value After discussion, the Board agreed to check out the lot involved before pursuing the matter Chairman Cataldo read a letter from Sheila Clemon-Karp and Wyn Somers Snuggs of the National Organization for Women asking about the Jury present procedure of jury pool selection List The Board agreed to acknowledge the letter that the Town of Lex- ington complies with the statute regarding the compilation of a jury list, and to enclose a copy of the statute At 8 00 p.m , residents of Charles Street and Massachusetts Avenue met with the Board regarding the following petition submitted by them; We, the undersigned, wish to register a complaint regarding the Bamboo Hut at 177 Massachusetts Avenue, Lexington In addition to being a health hazard to the entire town (a situation we are sure you are aware of) we are very concerned with the disturbances and clutter caused by this establishment to our neighborhood. We have for some time watched with alarm as the incidents of drunken disturbances get later and later We are sometimes kept up until 2 30 or 3 30 a.m. by customers of this establishment. We have too many and too•,varied complaints to list in this letter and would like to request a meeting with the Selectmen to discussth,iisprobiem further Mr Kenneth F Pothier, II Charles Street There have been many Bamboo instances around 3.00 a.m. I have to get up at 7 00 a.m. and at Hut 3 00 a v8, there is screaming and hollering and cars racing in the parking lot; there is singing and the language is terrible, and I wind up with a couple of hours sleep; it is terrible. There have been other incidents where people have seen rodents within the area i understand they have been closed down three or four times; there is always a sign there saying "remodeling" which we know isn't then story CheP inn Cata I do Te l l us what is going on. For any action to be taken, we must have some justification. Mr Pothier If you check the police blotter you would find out how many complaints there have been about this place; there are many;-. Mr. Paul Tobias; 198 Massachusetts Avenue There have been two occasions that I went to the parking lot at 2 00 a.m and told them to knock it off The next day I would go to the manager and he would say it wouldn't happen again. My lawn would be covered cath Chinese food in the morning. If you call the police, by the time they get -r there they would be gone; somebody must have a short-wave radio-as it happens all the time. There are cars having a drag race and much squealing of rubber That happens at 3 00 a.m and along comes, at 3 30 or 4 00 a.m., the Cumberland Farms' delivery truck and he leaves the engine going. 1 have gone over to Cumberland Farms and complained and they say there is nothing they can do about it. We have the chicken place and they had brilliant spotlights; we talked to them and they are nice and did something about it Now it is so bad with foul language and noise in the lot' there, you just can't sleep Chairman Cataldo What are the hours of the chicken place? Mr Tobias I don't know. I am not complaining about the chidken place but the Chinese place and Cumberland Farms; it is unreasonable for a truck to pull up and not shut off the motor and wake the whole neighborhood. Mr Bailey What are the hours at the Bamboo Hut? Chairman Cataldo 2 00 a.m. Mrs. Pothier We have had more than one instance of noise; one night, someone was caught by a policeman for not paying his check. I have picked up, during the week, beer bottles and I have cleaned up Charles Street with bottles, garbage, chicken bones and chop suey That is why the letter was written to see what we can do about it Mr. Bowker, 172 Massachusetts Avenue I would confirm the state- ments; especially on Sunday, there are flocks of seagulls, and crows picking up garbage, and dogs going through garbage I have broken bottles and cans and 1 tour the neighborhood to pick up all refuse and garbage and it is getting progressively worse and the people should be notified to run the establishment neat Chairman Cataldo I don't think that would work; you realize we have done that Mr Bowker We can expect about anything in that neighborhood I saw a police officer hollering for someone to hest Mr. Ronald F Miller, 144 Massachusetts Avenue 1 shot a rat yesterday I have been living there 21 years and have never even seen a mouse before I sleep heavily but they wake me up; we have a 5-months old baby Mrs Pothier There was one instance this summer where I called the police at 2 30 or '3 00 a.m. because the chinaman was repairing his car with a hammer; hammering dents out of his truck Mr Miller About a year ago when my wife was pregnant, she was sick after a meal we had there 1 can imagine what they will do with liquor there Mr Leslie Simon:,. 19 Charles Street I am not going to exag- gerate; two out of three weeks, on Friday, Saturday and Sunday it is the'same thing We are working people and we work to keep our places respectable and every morning we pick up beer cans and garbage. As the gentleman said, there are crows and seagulls Dogs go right down to the Bamboo Hut. This isn't what we are working for; we aren't working to clean up this. How they get a license to stay open until 2 00 a,m , I don't know. Let' s make it a decent place This is a nice respectable neighborhood but since they have been there it isn't 1 have called the police at 2 30 a.m. Chairman Cataldo No one has given them a permit to stay open -ntil 2 00 a.m. We have restricted hours on the basis of common vic- ual^1er license On an establishment such as this, we probably Missed the boat. 70 Mr Simon 1 know people go in there with their own bottle and buy the set-ups Chairman Cataldo There is an application in here for a liquor license by them We will hold a public hearing and you should come and make your feelings known. As youknow, we can't close them completely except for health reasons Mr Simon I look at it that if I take food out, I take it home and do not throw containers on someone else's lawn Mr Bowker Whenever the wind prevails from the East, we get a strong odor of pork. Chairman Cataldo. We have required other restaurants to put equipment on their exhaust and we can ask the Board of Health to look into it Mr Tobias What can you do about the noise? Isn't there some- thing you people can do about Cumberland Farms? Chairman Cataldo We can certainly talk with Cumberland Farms on getting that squared away. Mr Tobias The man in the store was nice but said that nothing could be done. Chairman Cataldo You should have come to us. It can be done in such a way as to make them less objectionable. Our main problem is getting the parking lot cleared up at 2 30 or 3 00 a.m and we are going to try and approach it that way. How we can accomplish it, I can't answer but rest assured we will look at it and do whatever is in our power to get it resolved. We have our restrictions and people have their rights. I can say we recognize it and are living with it, trying to work it out Maybe at this hearing coming up, we will probably get a lot out in the open and resolved Mr Bowker My recommendation would be to put additional refuse containers in for all the stores. Woman I have an empty lot and they throw all their stuff in my empty lot; Mr Bowker helps me clean it up. Chairman Cataldo' Do you recognize any of the people involved? Woman No, it is in the middle of the nnght. Mr Bowker Teenagers throw refuse in her lot Mr James Enterkin, 10 Cherry Street My children have seen rats in the back of the Bamboo Hut; also flies Mrs Pothier How often does the Board of Health check on them? Chairman Cataldo As I understand it, they live down there. Their last letter said if there was another violation, they would Close it for good Mr Heustis has given them every opportunity to straighten it out Mrs. Pothier The bank employees are disgusted with the cockroaches I took it upon myself to write to Arlington to see if they had trouble with the Bamboo Hut in Arlington Center and they never had to be closed; that is a take-out place. Mrs. Alyre J Belliveau, 24 Charles Street; If they get a liquor license, would it stay open until 2 00 a.m ? Chairman Cataldo If they get a liquor license, they could, but we don't allow anyone in Town to serve after Ii 00 p.m We enforce- that and we are very strict 1 Mr Simon Nothing says they can't pile it up on the table Chairman Cataldo. Establishments that have a license can't serve food after II 00 p.m. Mr. Bowker It seems as many as four cruisers converge on the Bamboo Hut and give them some working over Chairman Cataldo You have no idea of the work of the Fire Depart- ment, Building Department and Police Department. Our cruisers are there at least once a night We recognize it but we are controlled as to what we can do' they When the police go there, do t ey have to leave the radio. on? Chairman Cataldo When they go there, they don't know what they will find There are six cruisers in town and they are one-man cruisers and there may be an emergency In another part of town. It is unpleasant, but it is for the protection of everyone concerned As far as Cumberland Farms, we will contact them. As far as the odors from Bamboo Hut, we will send the Board of Health there and get the exhaust up to 'specifications and make improvements. On the overall picture, we will probably have to get them in here and get it resolved on that basis with them, and what we can do legally to get these problems resolved; it is not going to be easy but we will do everything in our power to try and work out to get it down to 10.00 or II 00 p.m We can't get it ac- complished immediately. Mr Bowker The earlier closing would make it better Mr. Tobias Can't you stop their help from making noise in the parking lot? Chairman Cataldo. We will get them in here and talk with them about it .and see if we can get it resolved Let us try Mr Tobias I go over and he says it will never happen again Mr. Simon Is there anything legally to be done to get an earlier closing? Chairman Cataldo.: We will have to talk with Town Counsel to see what legal approach we can take and to talk with them to see if they would close earlier; to make an attempt to resolve it in an amicable way. Mr Pothier It seems as though they bring their liquor in, if something could be done about bringing it in Chairman Cataldo We can't stop them from doing it. We have to live within the framework and we can't stop them Mr Bowker Don't they renew their license often? Can't you re- fuse it? Chafrman Cataldo If they meet the criteria of the statute, we would be hard-pressed for it to stand up in court The Board of Health can rescind their Board of Health License We will talk with Cumberland Farms about delivery trucks and will ask the Board of Health to check the ventilating and exhaust equipment. We will try to get the matter resolved when we have a meeting with the owners of the Bamboo Hut The residents retired from the meeting at 8 35 p.m Mr. O'Connell was instructed to contact Cumberland Farms regarding the diesel truck and exhaust equipment is to be checked with the Board of Health IL Chairman Cataldo informed the Board that an application has been received from the Bamboo Hut for a liquor license. A letter was read from Attorney Norman T May making application for a license for the sale of all alcoholic beverages at the premises at 177 Massachusetts Liquor Avenue, Lexington, and enclosing a check payable to the Town of Applica- Lexington in the amount of $2,500 00, plus plans prepared by Miller tion and Nylander showing the proposed seating arrangement if the license Bamboo is granted. Hut Chairman Cataldo it is the policy of the Board that the check for $2,500.00 must be certified and this is not a certified check. The Board agreed to return the check for $2,500,00 and request that a certified check be submitted to the Board before a hearing could be scheduled on the application of the Bamboo Hut for a liquor license Chairman Cataldo read a letter from Assistant District Attorney Foster Furcolo stating that at the request of the City of Marlborough a survey had recently been completed on that community' s drug abase problems. It may be that a similar survey of Lexington could be equally helpful If so, please contact him for further details Chairman Cataldo I think that something like this should be pursued with Mr. McManus, our Drug Counsellor Mr Kenney We are having a meeting of the Drug Committee this week and we could discuss it Mrs Riff in in the Town we have many resources, such as Chief Corr, Mr McManus, Mystic Valley Health Clinic and Project Replace. It seems at this time it would be good to have an inventory of ideas Drug and if we could spend an hour to listen to these people and invite Survey Foster Furcolo and Dr Robinson for a meeting with the Board to get first-hand information Mr Kenney You are talking more than drugs. Mrs. Ruffin to Mr. Kenney If your committee talked to them before these people came in, we would have to find out what our needs really are and find out what they do. I would like to find out what the situation is. Mr Kenney agreed to get further information on the PREP survey and to discuss it with the Drug Committee this week Cert of Upon motion duly made and seconded, it was voted to certify the Incorp. character of Elizabeth C Rosenthal, 10 Peacock Farm Road, who has applied for Certificate of Incorporation, "Enablement, Inc " Sidewalk Upon motion duly made and seconded, it was voted to sign side, Betterment walk betterment assessments for the following streets Assessment Bridge Street Hillcrest Avenue Grassland Street Vaille Avenue Chairman Cataldo read a petition from residents of Lillian Road ' concerning traffic conditions on the street and especially, at the 7.3, corner of Anthony Road and Lillian Road where children wait for the bus We appeal to you to investigate the possibilities of signs, use of radar, Lillian use of bumps, or sidewalks to alleviate this problem Road Upon motion duly made and seconded, it was voted to referthepeti- Traffic tion to the Traffic Committee for its recommendations Chairman Cataldo read a request from the Boston Edison CoMpany and the New England Telephone Company for the relocation of a pole on Winthrop Road at the request of a customer Mr McSweeney This pole is presently in existence and Mr. William Dailey, 2 Highland Avenue, approached them to move it and they said they would. There is a hip guy and anchor involved and they hadn't intended to put the guy on but the foreman said they would need it I ',recommend Winthrop that the request be tabled until next week. Road Upon motion duly made and seconded, it was voted to table the re- Pole quest of the Boston Edison Company and the New England Telephone Company for the relocation of the following pole: Winthrop Road, easterly side, approximately 1028 feet south- west of Massachusetts Avenue -- One Cl) pojle, hip guy and anchor. (One existing JO pole, to be removed.) Chairman Cataldo read an application from F. William Smith for a license for the operation of two rooming houses consisting of two build- ings having a total of seventeen rooms at the Russell House, 1505 Massa- chusetts Avenue House Upon motion duly made and seconded, it was voted to sign a Lodging Lodging House license for the Russell House, 1505 Massachusetts Avenue, expiring License December 31, 1971 . Chairman Cataldo read a letter from Mrs Julie Cadle, 15 Mariam Street, re traffic control on Meriam Street if the Central Block is Traffic built. Meriam The Board agreed to write to Mrs Cadle and inform her that when Street a building is erected, the Board will review the whole traffic and parking pattern in the area Upon motion duly made and seconded, it was voted to appreve the minutes of the Selectmen' s meetings of August 31, 1971-Special Meeting Minutes and September 20, 1971 . Chairman Cataldo read a notice from the Alcoholic Beverages Com- mission regarding the rules and regulations for Columbus Day, October II; Veterans' Day, October 25; Thanksgiving Day, November 25, 1971 ABC Upon motion duly made and seconded, it was voted to close the Pack- age Goods stores on October I,I, 1971, October 25, 1971 and Thanksgiving Day, November 25, 1971 . Motels and Restaurants may serve liquor during the usual Sunday Hours 74 Chairman Cataldo said that some time ago, the Board discussed a Regional letter received from the Concord Board of Selectmen regarding an ad hoc Vocational sites cammittee for the Regional Vocational Technical School Committee. School We agreed to ask our representative on the committee for his recommend- Ad Hoc atlon. Mr. Mollo-Christensen has answered us that he is strongly in Sites favor of the establishment of an ad hoc committee to assist the Regional Committee Vocational School Committee in making decisions on sites and building plans. The Board unanimously agreed to inform the Concord Board of Select- men of its support of an ad hoc committee. Chairman Cataldo said that a recommendation has been received from the Acting Superintendent of Public Works regarding a complaint from Mr Bruno Nicolai , 55 Albemarle Avenue, on the condition of his driveway Nicola; after the installation of a drain in Albemarle Avenue. Mr. McSweeney Complaint reports that in the process of installing the drain the apron part of Mr Nicolai ' s driveway was removed and replaced There is a crack where the new asphalt was installed to abut the existing drive. The recommendation is that the crack be filled with either an emulsion or an M.D. asphalt and then covered with sand. This would prevent water from getting under the asphalt and would not raise the inch that Mr Nicolai claims; the reason for the raising of the drive is because of the water and the frost action during the winter Upon motion duly made and seconded, it was voted to-accept the recommendation of the Acting Superintendent of Public Works to repair Mr Nicolai 's driveway Chairman Cataldo read a letter from Attorney Alfred P Tropeano stating that he had received from the Town Engineer, a letter advis- ing that a sewer main would be installed on Outlook Drive and a betterment of $242.97 would be assessed against Lot C Outlook Drive Lot C This lot was formerly owned by Lexington Estates Trust and was taken Outlook by the Town of Lexington for non-payment of taxes. Drive The Board agreed to investigate the ownership of Lot C Outlook Drive. Chairman Cataldo read a letter from Mrs. Marilyn Carvalho stating; that a dog match is to be held at the Church of Our Redeemer on Sunday, Signs October 3, 1971 and requesting that four to six signs be posted on Route 4 to direct people to the dog match. They would be posted that morning and removed the same afternoon. The Board agreed to inform Mrs. Carvalho that it has no objection to placing the signs that would be removed the same day but permission is -still needed from the State as Route 4 is a State highway. Chairman Cataldo read a letter from Mr. Joseph Cn beon, Department Chairman of Social Studies at the High School, regarding a new course "Community Affairs and Decision Making" and requesting that students I -atte7 - attend nd Board meetings with the purpose of observing the proceedings and actually becoming involved in the issues facing Lexington It would be Student of great educational benefit if the students were allowed aboutten Participa- minutes during the meeting to ask some questions that might arise tion at The Board agreed to reply to Mr Gibson that the students�i would Board be welcome at Board meetings but a discussion period should be scheduled Meetings so that the Board would be aware of their attendance at a particular meeting Chairman Cataldo read a request from Temple Isaiah to use the Lex- ington Green on October 10, 1971 from 7 00 p.m. to approximately 7 15 p.m. in celebration of Simcha Torah Permit Upon motion duly made and seconded, it was voted to grant permis- sion to Temple Isaiah for the use of Lexington Green on October 10, 1971 from 7 00 p.m to approximately 7 15 p.m. Chairman Cataldo informed the Board that he had received la call from Mr Peter Roudebush of the Boston Transportation Planning)' Review Boston that he would like to meet with our department heads concerned with Transp transportation. Planning The Board agreed that Mr. O'Connell is to arrange a meeting with Review all concerned with transportation Mr Bailey reported on the meeting he had attended at they State Department of Public Works regarding Route 2 The plan upon which they had decided was put on the wall for discussion of any problems Lexington has two problems, access to Hartwell Avenue and egress to the National Park from Route 128; they may even leave the present Route 2 access open; as far as people coming out of the National Park,l` they can go out on Route 2. It is felt there may be a potential problem of people getting trapped on Marrett Road. It appears the accless to Marrett Road is good, to get in and out of Lexington on Route 128. Some of the people of Concord and Lincoln have a few axes to grind and problems to be resolved but we do not The major problems are solved Mrs Riff in reported on the Lexington Commission on Suburban Responsibility. Mr Frank Michelman was elected Chairman and Mrs LCSR Elizabeth Clarke as Secretary The Committee on Unemployment vias asked to get people to fill jobs on the Junior High construction and Clarence Turner requested that people encourage the employment{ of minority people. Mrs Riff in informed the Board that a letter has been received from Mrs Otis Brown, President of the Parent-Teachers-Student Asso- ciation, submitting two nominees for the appointment of a repre- LCSR- sentative on the Lexington Commission on Suburban Responsibility PTSA Upon motion duly made and seconded, it was voted to appoint Mrs. Paul D. Krensky, 45 Peacock Farm Road, a representative of the Parent-Teachers-Student Association on the Lexington Commission on Suburban Responsibility, for a term expiring June 30, 1972. 76 Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, financial interests of the Town or the reputation of a person. -After discussion of matters of interest concerning licenses and appointments, it was voted to go out of Executive Session The Board discussed the appointments to the 1975 Celebrations Com- mittee Chairman Cataldo The Board appointed Kingston Howard a Member and Chairman of the Committee on May 24, 1971 . 1975 Upon motion duly made and seconded, it was voted to appoint the Celebra- following members of the 1975 Celebrations Committee tions Committee Rebecca G Nussdorfer Executive Secretary Frederick B James Administration and Finance Richard Michelson Commercial Relations Doris Pullen Public Relations Lincoln P Cole, Jr Liaison - Government Raymond B Barnes Celebrations - Arts & Culture Warren G Butters Permanent Memorial and Historical Record Kingston L Howard Chairman - Appointed 5-24-71 Upon motion duly made and seconded, it was voted to adjourn at 953 p.m A true record, Attest j1J*1 ' ?h Exe utive Clerk, Selectmen 1 r, SELECTMEN'S MEETING October 4, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening at 7 30 p.m. Chairman Cataldo, Messrs. Kenney and Buse, Mrs. Riff in; Mr. Legro,Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Act- Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present Mr. O'Connell gave copies to the Board of the report of the Health Director on the Bamboo Hut, 177 Massachusetts Avenue This re- port was as a result of complaints received regarding cooking odors, exterior conditions of the grounds, etc. The entire exhaust system needs a thorough cleaning and the grease filters cleaned or replaced; the exhaust for the oven in the basement needs to be repaired or re- placed. The exterior grounds must be maintained satisfactorily and adequate garbage containers provided and kept clean. The report Bamboo states that we have in our files many consecutive reports of unsatis- Hut factory compliance with the Regulations of Article X of the State Sanitary Code and our own Food Service Establishment Regulations and the Bamboo Hut has been notified that continued violations of these regulations would result in its license to operate a food service establishment being revoked by the Board of Health, and it is hereby ordered and directed to correct the violations as listed by the Board of Health Mr O'Connell I talked with the Cumberland Farms' Supervisor, Cumberland Mr. Anderson, who was most cooperative and explained there was a Farms clause in the lease preventing the delivery of milk during the day, however, they are most willing to re-examine that They have talked informally with people in the neighborhood regarding a delivery be- fore people go to bed Although there is no determination, they will report back in a few days to firm it up. it will take from ten days to two weeks to get a revised schedule. The reaction from the neigh- bors was that it would be acceptable Chairman Cataldo We have written to the owners of the Bamboo Hut inviting them in at 8 00 p.m. on Tuesday, October 12 It was stressed in the letter that we had received complaints and we should in all fairness give them an opportunity to be heard Mr O'Connell informed the Board that a meeting will be held to- Morro.; October 5, in the Bird Room to discuss the Boston Transport- ation Survey Mr O'Connell informed the Board that he had received a request United Fund from Mr Bartel, Chairman of the United Fund, to fly the United Fund Permit 78 flag under the American Flag at Town Offices; also permission for a poster to be placed in the lobby of Cary Hall . The Board had no objection Chairman Cataldo read a letter from the Planning Board stating that Bolt, Beranek and Newman have sold their land north of Hayden Avenue, zoned CR, to Grace Construction Materials Company; this BB & N left in the ownership of BB & N a triangular parcel of land located Gift Land between Route 2 and Hayden Avenue containing 12,822 square feet an Offer zoned RO (residential) BB & N would like to offer this triangular" parcel to the Town as a gift The Planning Board recommends the acceptance of this gift in addition to providing some open space in an area which is in process of being developed for non-residential uses, this {parcel may in the future be of use for traffic improve- ments, location of a pumping station or other utility easement. Town ownership could also prevent inappropriate development of this parcel, whether under a Board of Appeals' ,variance, through rezoning, or otherwise We assume this parcel would be accepted as open space, subject to no restriction. The Board agreed to pursue the matter with Mr Fish of Bolt, Beranek and Newman and hopes to resolve the situation in time to present it to the March Town Meeting Przyjemski Chairman Cataldo read a request from Mr. John C Przyjemski , 84 Betterment Cliffe Avenue, for a deferment Of his street betterment assessment. Deferment The Board agreed to request a report from the Town Engineer Chairman Cataldo read a letter from Dr Donald A. Taylor, 15 Partridge Road, urging that the taking of the strip of land at the Lexington-Burlington line be expedited, Article 10 of the June 14, 1971 Town Meeting. Attorney Kass has been representing the inter- ests of the Tri-Town Civic Association in the land court proceedings with Mr. Jack Moss and the objection which Mr. Kass originally filed was reheard by the court on last Friday Mr Moss agreed prior to Burlington - the rehearing to covenant not to attempt to gain access into the Town Lexington of Lexington and to delete all mention of Mountain Road on his map Strip which he was presenting for the land registration proceedings. At the hearing, Mr Moss refused categorically to sign any covenant and also refused to delete mention of Mountain Road from his map. He claimed before the coUrt that Mountain Road is in fact an ancient right-of-way from Burlington into Lexington anti that he is attempt- ing only to register the title to his land and not to establish a right-of-way The Judge recognized the objection as being still valid but has put the matter over to be heard at some time in the near future. Should Mr. Moss be successful in his registratiofi proceeding prior to the taking of the land by the Town of Lexington, it might in fact cause the Town future legal if not financial com- plications -1 79 Chairman Cataldo Mr Zaleski called me and wanted to know what we wanted; I told him we were having a survey of the Lexington- Burlington line and them we would consider what the width of the strip should be Mr McSweeney The survey should be back within 30 days We would have parcels of land court and registered land for the taking Mr Henry Novak, 53 Turning Mill Road, was present at the meeting and submitted a letter from Attorney Kass relating to land court hear. ings The letter was not in proper form and is to be formally presented to the Board for its information and for the record. Chairman Cataldo read a request from the Jason Russell Society re- questing that a proclamation be issued for the week of October 12- 19 as Patriotic Education Week Upon motion duly made and seconded, it was voted to sign the Proclamation proclamation for the week of October 12- 19, 1971 as Patriotic Educa- tion Week and to send a copy of the proclamation to the Minute-man Chairman Cataldo read a request from the Garden Club Federation of Massachusetts for a representative of the Town to be present at a conference on the Environment at Regis College, November I and 2, 1971 Mrs Riff in is to attend the conference Chairman Cataldo read a letter of appreciation from the Board of Selectmen of Owl' s Head, Maine for the gift of the flag which has been Flag flown over the Battle Green Upon motion duly made and seconded, it was voted to sign the abatement for sidewalk betterment assessment for Sidewalk Partridge Associates, Inc , 34 Partridge St , Watertown, Mass Abatement $255 00 - Sidewalk constructed by developer ' .Mr Kenney reported on the Drug Committee meeting on last Thurs- day We specifically considered two questions put by the Board, ( 1) a letter from Foster Furcolo offering to conduct a PREP type program. We called Mr Furcolo' s office and talked to his assistant and, as I understand it, one of the significant advantages of an outsider's survey of the Town is the very fact that they are from the outside and take an unprejudiced overall look. The cost is about $1200 Drug After this discussion, we contacted the Mayor' s office of the City Committee of Marlborough and the secretary said they are extremely enthusiastic abput the results and she is sending up a copy of the survey. The recommendation at this point is that we go one step further and in- vite representatives from Mr Furcolo' s group to present directly to us what is involved in the program. If the Board approves, we will talk with them to come before the Board and have our committee here also. The Board agreed that Mr Kenney is to make arrangements for a meeting and report back to the Board. 80 Mrs. Riff in Would an appropriation have to come from Town Meet- ing? Mr Kenney We have $11 ,000 from Town Meeting We discussed the question raised by Mrs Riff in of the advantages of calling in ether groups for an in-depth discussion and we think it is a good suggs - tion. We don't know the extent of drug abuse in Lexington, and we don't know anybody who does It would be an advantage to do an in- depth study of the Town. Along theseilines, I would like to sent out a questionnaire to certain groups including the clergy, police officers, members of Replace, etc. and after evaluating the answers, use them as background material When we have the meeting, we would have members of these groups there Chairman Cataldo 1 would suggest that you include as one of the questions, "Where do you think the source is?" The Board agreed. Mrs Riff in One of the reasons for bkinging people together is they would feel, with cooperation, we would have an overall picture. Mr Kenney I will be interested to see what specific recom- mendations people might have. Mr Kenney The Drug Committee would like permission to purchase pamphlets, educational type pamphlets,, for distribution. We would ask Dr. Monderer, with his sources, for specific suggestions. There is money in the Article and it could be used for this purpose. The Board had no objection. Upon motion duly made and seconded, it was voted to sign the Banks Avenue Sewer Order of Taking on Banks Avenue from Carvilie Avenue, a distance Sewer of 275 feet, more.or less, easterly. Chairman Cataldo read a notice from Commissioner John F. Kehoe„ Jr , State Department of Public Safety, stating that Chapter 486, Acts of 1971, Licensing of a game commonly called "Beano" will become law on September 29, 1971 and the statute will be in effect as, of that Beano date By statute, I am charged with the responsibility of making rules and regulations for the conduct of the game of Beano in Massachu- setts I am certain that you will agree that it is only through com- plete- cooperation that such a law can be fully and properly enforced. The Board agreed to send a copy of the notice to the Minute-man so that the public will be informed. Upon motion duly made and seconded, it was voted to insert the; question on Beano on the ballot in March, 1972. Green & The Chairman read a memo from the Town Engineer recommending that White Engr the Board award the contract to Barnes Engineering Company, Inc., Survey 411 Lexington Street, Auburndale, for engineering services for prop- Barnes erty surveys for the proposed Woburn Street School site in the Green and White land for approximately $3800. 1 81 Upon motion duly made and seconded, it was voted to award the con- tract to Barnes Engineering Company, Inc for engineering services for property surveys for the proposed Woburn Street School site in the Green and White land Mr. McSweeney, Town Engineer, was instructed to supply all the information necessary for Town Counsel to draw the contract for this project. Chairman Cataldo discussed the petition from the Boston Edison Com- pany and the New England Telephone Company for the relocation of a pole on Winthrop Road This request was tabled by the Board until further information was received by the Town Engineer. Mr. Dailey, an abutter, requested that the pole be moved and the petition includes the hip guy Winthrop and anchor. We can vote to grant permission for the relocation of the Road Pole pole, not to include the hip guy and anchor. Relocation Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following relocation Winthrop Road, easterly side, approximately 1028 feet southwest of Massachusetts Avenue, - One pole (one existing JO pole to be removed) Mr. Busa reported on the Youth Committee meeting held last Thurs- day. What they would like to do in the beginning is to invite all organizations in Town that have anything to do with youth and try to ascertain what is available to the youth of Lexington; all Boards, Schools, Replace, private organizations and church groups. From Youth there, to set up a committee similar to the Drug Committee. After a Committee long debate, it was agreed it would not be in the best interests of the Town to come before Town Meeting for an appropriation to run this organization. They are now drafting rules and regulations under which they will operate. After a few more meetings, they will present it to the Board for approval . Chairman Cataldo Do you need anything from us? Mr Busa No. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public might adversely affect the public security, the financial interests of the Town or the reputation of a person. Executive After discussion of matters of financial and legal interests to Session the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9.00 p.m. A true record, Attest 41-6-: 1-4-1- - ' t Executive Clerk, Selectmen J OE J J 82 SELECTMEN'S MEETING October 12, 1971 ' A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, October 12, 1971, at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Busa, Mrs. Riff in; Mr Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; and Mrs. McCurdy, Executive Clerk, were present Chairman Cataldo opened the meeting and informed Mr. Mollo- Christensen that the item on the agenda would be taken out of sequence to enable him to discuss the copy, received by the Board, of the vote of Minuteman Regional Vocational Technical School District that the sumof$900,000 is appropriated for acquiring land and pr& paring plans for the school . Mr. Mollo-Christensen The Minuteman School Committee voted on October 5 that the sum of $900,000 was appropriated to acquire the site to the extent of $300,000. The loan for the site acquisition will later be incorporated into the construction loan. The site Regional- cost is not reimbursable by the state or the federal government The Vocational other $600,000 is for planning costs for the preparation of actual Technical plans, and is fully reimbursable by the state, but the towns will be High School charged the interest on that loan. The loan will start out at zero and end at an estimated $600,000. The average loan is $300,000 se we will have to pay interest, roughly, on $300,000 for one year. The planning costs are reimbursable when the construction contract is signed in November of 1972, if no monkey wrenches are thrown at it. We have looked at IS sites, the Grey Nuns, Xavier and Weston Academy and 15 additional pieces of land. We have a report for the site selection and Building Advisory Committee when they meet;' ; hopefully, soon. There are two preferred sites but the final selection will have to await some engineering and drilling, ani the advice of the Advisory Committee. We hope within a week or two to have letters of intent from the owners so that we can present that information to Town Meetings in the towns that are going to have Town Meetings. Wii'th'it1;3O1 deykOf;theSchool Committee vote, a town may, at a legally called Town Meeting, vote on whether to disapprove of the debt or not. If one town votes to disapprove, the vote of the Regional School Committee is void and we have to resubmit a plan and vote again Chairman Cataldo. As I understand it, you are probably look- ing for one vote for us to approve. Mr Mollo-Christensen You need not vote; you have a pocket approval . Chairman Cataldo We must be prepared to put $2, 100 in the budget for our share Mr. Mollo-Christensen The first charge to the Town will come III after January I , Mr Buss Does that come under the School Committee? Mr Mollo-Chhistensen No. Chairman Cataldo Do you have the money? Mr Mollo-Christensen No; we don't have that money in our budget Chairman Cataldo I take it that no one wants to disapprove? Mr. Kenney I notice that our assessment is $2, 122.05 and Arling- ton's Is $2, 142; Arlington is a much larger town. I have read that Arlington has a political move for them to have a disproportionate voice. Any comments? Mr Mollo-Christensen First, the estimated assessment is based on High School enrollment of grades 9 through 12 as of October, 1970 We will not have the October 1, 1971 enrollment for another few weeks. All expenditures until the school opens will be based on grades 9 through 12. Lexington has more technical children per capita than Arlington. There is some feeling in Arlington that they would like more representation, being a larger town They have spent time in groups in Arlington to get the facts straight. One, each town has a veto over expenditures and every town can stop it cold. There are needed regional school committees where some towns have a larger repre- sentation than other towns. There are some with cities and towns and there are two representatives at least from cities, while one fcom each town. Fourteen of equal representation from all the towns We thought we had good legal advice if we wanted a school committee, it must be a school committee of appointed members for one vote. If we attempt to apportion based on the numbers, we were advised wrongly or correctly by the lawyer if we attempt to fit it to one man a vote; it must be done right. We must try to make' it proportional . Experiences were as a school committee, rather than a town as representatives, and towns can veto by capital expenditures. Of course, it is ,a sensitive point and we would have to amend the agreement which sets up the Vocational School and would have to be voted by each of the towns again if the clause is withdrawn. Chairman Cataldo You are saying if there is a change, it would be across the Board if they want that approach? Do I understand it to be every member from each town? Mr. Mollo-Christensen The Regional School Committee has taken the bit by saying, appoint the nominees of the different towns. Chairman Cataldo We all agree that Vernon Page would make a good member Upon motion duly made and seconded, it was voted to nominate Appointment Vernon C. Page for appointment to the Advisory Committee on Site Selec+- tion and Building of the Minuteman Regional Vocational Technical School Mr Mollo-Christensen The Regional School Committee has the responsibility to act as the Building Committee. I will try to keep you fully informed. Mr. Mollo-Christensen retired from the meeting. 84 Mr Legro informed the Board that the order of taking of the property owned by the Oneida Corporation, Drummer Boy, signed by the Board on August 16, 1971, has not been recorded because he ti =a wanted to get the confirmatory deed and release of damages The Board might want to rescind the vote of August 16, 1971 and adopt Order of the order of taking as of October 12, 1971 . Taking Upon motion duly made and seconded, it was voted to rescind Oneida the vote of August 16, 1971 to sign the order of taking of the Corp. Drummer Boy land owned by the Oneida Corporation, with an award of no damages in the amount of $70,000. Upon motion duly made and seconded, it was voted to adopt the order of taking of the Drummer Boy land owned by the Oneida Corpor- ation, as of October 12, 1971, with an award of damages in the amount of $70,000. Cravis Upon motion duly made and seconded, it was voted to sign the Sewer order of taking for sewer easement on the property of Howard and Easement Marilyn Cravis, 6 Rogers Road, with an award of no damages. Upon motion duly made and seconded, it was voted to sign the orders of taking for sewer easmenents on the following properties, Sewer with awards of no damages Easements Mrs. Barbara Mende 26 Partridge Road Robert C and Daniele Steward 19 Turning Mill Road George and Paula C. Goldman 20 Partridge Road Irving R & Marilyn J. Abel 22 Partridge Road Martin & Judith H. Cooperstein 28 Partridge Road Mrs. Lynn J. Pollock 24 Partridge Road Mr. O'Connell informed the Board that he had received a letter from the Executive Vice President of the Boston Edison Company. As Boston a result of the hurricane and police cruisers being tied up, when Edison wires were down, we pursued this with the Boston Edison Company and we won't know whether we have made progress until the next storm We have made it clear about how unacceptable it is to have our police cruisers tied up for hours. We felt the power was re- stored in reasonable good time but we pursued the matter of the police cruisers Upon motion duly made and seconded, it was voted to sign and Location submit to Secretary Davoren the approval of the location relative to Cert. of the application for a Certificate of Incorporation to be known as Incorp. "Scottish Rite Masonic Library and Museum, Inc." None of the appli- cants are residents of Lexington Upon motion duly made and seconded, it was voted to refer to Sign the Traffic Committee the request from Mrs Helen Stewart, 292 Request Waltham Street, for a blind driveway signs. Chairman Cataldo read a letter from Mr. Frederick Stanley, 74 Grassland Street, stating that a neighbor' s fence is creating a 85 blind driveway It is a 6-ft stockade fence and Mr Stanley asks for consideration in requesting owners of the fence to grade it down along his driveway Chairman Cataldo read a report from the Building Inspector stating Stanley that fencing requires no permit, except in Historic Districts, and he Fence feels that because the street is filled with potholes and no one would travel more than 10 miles an hour for his own safety, it does not pre- sent any potential danger. The Board agreed to write to Mr Stanley that it has no jurisdic- tion or authority to demand that this fence be removed. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor I D Card foc Vicki M Joubert, 42 Allen I D. Card Street. Chairman Cataldo read a report from the Town Engineer that he can see no reason why the Town should not accept the offer of Mrs Tarbox of a gift of Lot 462 Banks Avenue Lot 462 Upon motion duly made and seconded, it was voted to write to Banks Ave Attorney Francis W.K Smith, Counsel for Mrs Tarbox, and inform him that the Board is willing to pursue the matter. Upon motion duly made and seconded, it was voted to sign the Memorandum of Understanding with the State Department of Public Works Chapter 9C regarding East and Spring Streets, in the amount of $29,700 East & Upon motion duly made and seconded, it was voted to sign the Spring Memorandum of Agreement with the State Department of Public Works Streets regarding Class I Bituminous Concrete Pavement; install drainage and improve East Street at the Woburn line to Ridge Road. Chairman Cataldo read a letter from Mr Kenneth Champion, 6 Rolfe Road, objecting to the sewer going through his property. Chairman Cataldo to Mr McSweeney In your opinion, this is the Champion only way the area can, be sewered? Sewer Mr McSweeney Yes Mr Bailey I would like to see the layout and talk it over with Mr Champion. The Board agreed that Mr Bailey and Mr McSweeney would meet with Mr Champion and report back to the Board Mr Woo and Mr Yee of the Bamboo Hut met with the Board Resi- dents of the area were also present Chairman Cataldo As you know, we received a petition setting Bamboo forth several complaints regarding the operation of your restaurant. Hut These residents did come in and meet with us and set forth a number of complaints, one being the exhaust system. Our Health Inspector states that the exhaust system needs a thorough cleaning and the grease filters cleaned or replaced. The exhaust for the oven in the basement needs to be repaired or replaced The exterior grounds must Hb be maintained satisfactorily and adequate garbage containers provided and kept clean We have in our files many consecutive reports of unsatisfactory compliance with the Regulations for Food Service Es- tablishments and continued violations of these regulations would result in the license being revoked by the Board of Health The Bamboo Hut is ordered and directed to correct the violations and a re-inspection will be made on October 13, 1971 . Mr Woo We cleaned the filters to eliminate the odor Chairman Cataldo you haven't done this as yet. Mr Woo Downstairs is already cleaned; the filters will be done tomorrow afternoon Mr Monne! ! The Health Inspector is going there tomorrow. Chairman Cataldo Do you have any comments to the Board? Mr Woo No comments Chairman Cataldo Do you have any answers to some of the com- plaints that were filed? Mr Woo The noise We have to serve them when they come to the restaurant Chairman Cataldo Don't you have a group of youngsters you let hang around your restaurant downstairs; are these the ones making the noise? Mr Woo No Chairman Cataldo Who are the teenagers? Mr Woo Some are cleaners, some are from Belmont and Arlington Chairman Cataldo Do you think any of these are contributing to the noise? Mr Woo None of them. Chairman Cataldo Is there anything you can do to alleviate the noise problem? Mr Yee After 8 00, we don't keep any boys at the restaurant; you are talking about groups From now on, if we have any of the young generation going into the dining room we can stop them from coming in When they sit down, we can tell them to behave them- selves and to have no noise. If there is noise, they go to court Chairman Cataldo I don't think anybody is asking you dot tO serve them the problem is not coming in or leaving the restaurant. Do you allow customers to come in and you serve them liquor? Mr Woo No; we serve not liquor but food. Chairman Cataldo There is no drinking in your establishment? Mr Woo None. Mr Yee Some put liquor in a glass and hide it Chairman Cataldo What would your feeling be about closing earlier? Mr Yee Some time in the morning We open at Il 45 Business is not good in Lexington and it is very quiet at dinner time. The only business comes in after 9 00, maybe 10 00 or II 00. So far, night business is very quiet Chairman Cataldo Would you have any objection to closing at li 00 p.m ? Mr Yee if we close at 11,.00, the whole business closes. 87 Chairman Cataldo What do you feel you ought to do to get the prob- lem squared away? Mr Yee Right now, except for customers, we don't allow the young generation around this area in the restaurant, so I think the noise is from others. Chairman Cataldo What have you done in the past two weeks to get these things squared away? Mr Woo In the past week, we clean. From last week, we don't Hiet these peep le 'j n. any .more. Mrs. Riffin Do you have an establishment in Belmont? Mr Wooc Yes. Mrs. Riffin What are the hours? Mr Woo 9 30 during the week; Friday and Saturday we are open until 2 00 a.m Mr Yee When we opened the store in Belmont, we opened until 2 00, after going for a few months, we closed earlier but Friday and Saturday we opened until 2 00 a.m Chairman Cataldo Why pick Lexington to stay open until 2 00 a.m ? Mr Woo More business in Lexington Chairman Cataldo 90 percent of your business at these hours is not from Lexington people Mr Woo People living in Belmont call in Lexington and come over to pick up the food Mr Buse On the problem of garbage, are you planning another re- ceptacle or have it picked up more often? The last month or so it has been overflowing and attracts animals, if people aren't taking it to the neighborhood, the animals are Are you planning any changes? Mr Woo• There are three pickups a week, maybe four would solve the problem. Mr Buse This is one of the complaints we are getting on gar- bage all over the neighborhood, and I think most of it is done by animals; the animals are causing it, even though we have a leash law. I think if you made some corrections it would help the situation. Mr Kenney At the hearing of the neighbors, several said, to their knowledge, people are bringing liquor into the restaurant You said it was not the general policy What do you do if people bring it in? Mr Woo If I see it, I say not to bring it in again If I caught them, I put them out and say to put it in the car Chairman Cataldo Are there any other comments you would like to make to the Board? Mr Woo and Mr Yee No Chairman Cataldo I would like to make the final comment As you know, the Board of Health said in the letter they had been down several times and they have, in fact, closed it twice I don't understand why even knowing full well that the last letter said if they come again, they will close you You did not see fit to clean the exhaust system Why do you operate like that? Mr Woo Grease accumulates very fast 88 Chairman Cataldo What does that have to do with filters? Know- ing that is the case, you seem to be disregarding what the Town tells you to do and I think we have let you go far enough. We will discuss the situation and let you know what our decisions are Thank you for coming in. Mr Bowker, 172 Massachusetts Avenue; Neither one of these two men was the one I went to when the men were practicing karate Your own help is, coming out of the place raising hell . Chairman Cataldo Do you have someone managing the place when you are not there? Who is it? Mr Woo He is part-pwner and a waiter Mr Bowker This is in the daytime and I complained again ;at 3 30 a.m about practicing karate and he said they were fellows at a party who were having fun and it would never happen again I am too old to start moving but you are just forcing me to move; I can't sleep I had never seen rodents on my land before but my son chased a big rat I have no garbage containers as I have a disposal yet rodents are coming up on my porch and my grass with lumps of meat Chairman Cataldo As far as the dumpsters are concerned, you have to keep them empty You hear the nature of the complaint# Mr Woo We will tell the Board of Health we will take care of it Chairman Cataldo Mr Heustis will be down there tomorrow; it had better be done tomorrow. Mr Woo, Mr Yee and the residents retired from the meeting Later on in the meeting, the Board discussed the matter Upon motion duly made and seconded, it was voted to inform the Bamboo Hut owner, Mr Winchell P C Woo, that the Board grants him thirty days to make whatever changes are necessary to resolve the noise and litter problems involved as a result of people leaving the restaurant Also, the Board of Health requirements are to be resolved immediately Petition Upon motion duly made and seconded, it was voted to refer the. Waltham & petition, submitted to the Board requesting a traffic control signal Worthen at Waltham Street and Worthen Road, to the Traffic Committee for a Traf Sig report Bauder Upon motion duly made and seconded, it was voted to sign the Abatement abatement for street betterment assessment to Paul F Bauder, Jr , 27 Grassland Street in the amount of $777.60 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meetings held on September 27 and October 4, 1971 Chairman Cataldo read a letter from the Conservation Commission Ballou requesting that Town Counsel draw an option for the Ballou land, in Land the amount of $36,068 The sum was arr4ved at in the following manner the agreed price per acre is $3,000 and there are 11 .39 acres 89 which comes to $34,170 The Commission agreed to pay the cost of survey- ing the land for $ 1,898 It was also agreed that the seller would pay the real estate taxes up to the time of passing title to the Town Originally, the Conservation Commission estimated that 10 acres of Mrs Ballou' s land would be acquired, which amounted to $30,000, leaving $2,000 for expenses It is the Commission's intention to provide the balance of $4,068 from the Conservation Fund, which has a balance of $5,484 38; that sum consists of $5,000 appropriated under Article 60 of the 1971 Town Meeting and a remaining balance of $484.38 under Article 64 of the 1969 Town Meeting Chairman Cataldo It is the intention of the Board to grant the request of the Conservation Commission for Town Counsel to draw the op- tion for the acquisition of the Ballou land Mr Legro The option will go to the Conservation Commission tomorrow Chairman Cataldo read a report from the Traffic Committee regarding Raymond Street stating that Florence Britt has recommended several traffic improvements for Raymond Street The Traffic Committee is not in favor of making Raymond Street one-way; the Medical Building drive- way from Raymond Street is private property and outside of our juris- Raymond diction and we cannot recommend making it one-way. Existing regulations Street prohibit parking in front of driveways, so no new regulation is needed Parking to eliminate parking on Raymond Street which Miss Britt claims inter- feres with her leaving her driveway In addition, members of the Traffic Committee have inspected the area individually on many occa- sions and found no evidence of improper parking. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Committee regarding Raymond Street, and to so inform Miss Britt Chairman Cataldo read a memo from the Traffic Committee stating that the committee had discussed bus stops, mail boxes and taxi stands in Lexington Center and Mr McSweeney had agreed to report to the Board at a meeting since the actual inventory and study would be done by his staff Lexington Mr McSweeney We talked about parking and traffic circulation Center in the center and agreed it would take more than someone in the Engi- neering Department to sit down and resolve th' Chairman Cataldo The people at Wallis/arrerAsking about the bus stop and taxi stand and we told them we would hold it until we saw the total package. We are looking for you to start here and go up to Meriam Street regarding mail boxes, bus stops, taxi stands and other things that would affect the traffic Mr McSweeney We will give you something within the next couple of weeks Chairman Cataldo informed the Board that he had talked with Mr. BEEN Fish of Bolt Beranek and Newman regarding the offer of the gift to' the Hayden Ave town of a triangular parcel of land off Hayden Avenue They are willing Land Gift 90 to convey it to the Town free and clear of any restrictions and will send us a recorded plan within this week, we will then pursue the matter The Board agreed Chairman Cataldo informed the Board that the League of Women LWV Voters requests that the Board issue a proclamation that the week of Proclame- October 24-31 , 1971 be declared League of Women Voters Week tion Upon motion duly made and seconded, the Board voted to proclaim the week of October 24-31, 1971 as League of Women Voters Week. Chairman Cataldo informed the Board that a letter has been re- ceived from the Department of Public Works Union, Local No 1703, requesting an extension to November I , 1971 for the submission of new proposals for 1972; the deadline is now October 15, 1971 With the election of new officers within the union and the change-over to the new Town Hall Building, it is felt it would be beneficial to both DPW parties to have a 17-day extension A list of officers on the Execu- Union tive Committee and elected officers of Local No 1703 was submitted Chairman Cataldo to Mr O'Connell Has there been any contact with you to inform you of the names of the negotiating team? Mr O'Connell No The Board agreed to request a list of members on the negotiating team. Upon motion duly made and seconded, it was voted unanimously to, grant the request of Local No 1703 for an extension to November I , 1971 for the submission of new proposals for 1972. Chairman Cataldo informed the Board that the Star Market had con- Waltham- tacted the Building Inspector and informed him that they will do Lexington whatever the Town wants The Planning Board had written us concerning Line the continued use of residential land in Lexington at the Waltham City Zoning line by the Waltham Star Market complex as a commercial parking lot. I shall contact the president of Star Market and get the matter re- solved Mrs Riffin reported on the meeting held on October 5 with Mn'; Roudebush and representatives of the Boston Transportation Planning Review. Members of the Planning Board, Police Department, Mr McSweeney, Mrs Frick and I were present and it was a general review of public transportation and arterial selector routes and improvements Transporta- There was a discussion of Bi-centennial people coming here in 1975 aed tion 1976 and they think this will be a major problem; there must be street Planning planning for parking and some sort of public transportation, such as Review shuttle buses. There must be accommodations for people as they come through the Town and whatever is planned must be completed by 1975 Mr Bailey, Mr McSweeney and I attended a meeting downtown and the great worry is that plans will not be completed when the big traffic arrives 1 9L Mr Bailey and Mrs Rffffn reported on the Massachusetts Selectmen' s Meeting held on October 9 at Amherst Mr Bailey had accepted the award Town on behalf of the Town for the first prize for the 1970 Town Report Report Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the Reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to have no smok- ing in the Selectmen' s meeting room during open meeting No Upon motion duly made and seconded, it was voted to adjourn at Smoking 9 55 p.m. A true record, Attest 0 ) Ex cutive Clerk, Selectmen �V P I 92 SELECTMEN'S MEETING October 18, 1971 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, October 18, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Biisa Mrs. Riff in, Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were present. Chairman Cataldo opened the first meeting of the Board of Select- men held in the Selectmen' s Meeting Room of the new Town Office Build- ing. He expressed his thanks on behalf of the Board to the 'fawn Office Building Committee, especially to Mr Kenney, Chairman, for the New Town effort put forth and the final results. He thanked Mr O'Connell and Offices Mr McSweeney for the work involved in the move back into the new building and, also the work done by Mr Cirqua, the Superintendent Mr Kenney On behalf of the Town Office Building Committee, we consider the building to be substantially complete and we were pleased with the Bonfatti Company, particularly with the job done by the Superintendent, Mr. Cirqua I move that the Board authorize the Chairman to sign the certificate of substantial completion, subject to the approval of Town Counsel Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the certificate of substantial completion, sub- ject to the approval of Town Counsel . Pictures were taken to be inserted Fin the next issue of the Minute-man. Chairman Cataldo reminded everyone of the no smoking ban in the Selectmen' s Meeting Room, which is to be enforced. Mr Zenner, Chairman of the Town Report Committee, met with the Board to present the award received by the Town for first prize in Town the Town Report contest conducted by the Massachusetts Selectmen' s Report Association. The award was accepted by Mr Bailey at the State-wide Award Town Meeting held in Amherst on October 9, 1971 . Chairman Cataldo We thank you wholeheartedly for the job you have done and the honor you have brought to the Town of Lexington for the three consecutive years we have won the award. Mr Zehner thanked the Chairman for the help given by the direc- tive to the department heads to send in the material for the Town Report Chairman Cataldo We bhall send out a memo within the next two weeks to have the reports submitted on time. Vet Day Chairman Catlado read an invitation from the Town Celebrations Parade Committee to participate in the Veterans' Day parade which is to start I 93 at the Munroe School and proceed to the Green on October 25 at 10.00 a.m. Members of the Board are to participate in the parade. Chairman Cataldo read a petition from residents of Prospect Hill Road regarding traffic conditions and requesting that the speed limit of 30 miles per hour be enforced and, also, the posting of a speed limit sign of 25 miles per hour near Marrett Road at the top of the hill and/or Prospect a sign reading Watch for Children, or the positioning of a radar speed Hill Rd trap midway between the top of the hill on Prospect and Outlook Drive Traffic which intersects Prospect Hill Road near Middleby Street. Upon motion duly made and seconded, it was voted to refer the peti- tion to the Traffic Committee for a recommendation Chairman Cataldo read for the information of the Board, a notice from Attorney General Quinn of payment to the Town in the amount of Concrete $96 80 as the installment settlement in the Concrete Pipe Anti-Trust Pipe Anti- Case. Subsequent installments will be forthcoming over the next four Trust years Case The check has been received by the Town Treasurer Chairman Cataldo read a letter from the Lexington Arts and Crafts Housing Society stating that it was voted at its meeting to accept with sincere Authority thanks the offer of the Town to sell the right-of-way next to the Society, plus the land in back that is not going to the Lexington Housing Authority. Chairman Cataldo As we talked earlier, we agreed that when a plan was submitted as to what we would convey to the Housing Authority, we would go forward on what we would convey to the Arts and Crafts Society. We haven't seen a plan yet. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incor- poration Horace M. Besecker, Jr. 8 Eastern Avenue "RE-ADS, INC " Cert. of Incorp George & Cherry Clemow 37 Highland Avenue Paul B. & Elsie A Dorain 31 Locust Avenue Ruth L Corson 24 Bloomfield Street "Air Team, Inc " Helen Millican 908 Hancock Street Jane Davis 40 Middleby Road Susan Tillman 42 Reed Street "The Children' s Center of Lexington, Inc., to be located at 1580 Mass. Ave " Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s meeting held on August 16, 1971 . Minutes 94 The Chairman read an invitation from the Social Action Committee of Temple Isaiah to attend a Mult-Media Service followed by Marc Invitation Slotnick, Executive Director of Newton Community Development Founda- tion, speaking on "Subsidized Housing in Newton-Suburban Response" to be held on Friday, October 22, at 8 15 p.m Chairman Cataldo and Mrs Riff in will make every effort to at- tend. Chairman Cataldo read a request from James F. Mazyck, 38 Reed Street, requesting an abatement of street betterment assessment of $ 184.00 and sidewalk betterment assessment of $93.40. Chairman Cataldo A report has been received from the Town Engineer stating that street betterments are assessed on corner lots Mazyck Re- or lots fronting on two streets on their longest frontage In MM-. quest for Mazyck' s case, he was previously assessed for 75 ft. of frontage on Street and Vail le Avenue, he has 93.40 ft. of frontage so, therefore, he was Sidewalk assessed on 18.40 ft. on Vaille Avenue, which is in the amount of Abatements $184.00 as Mr Mazyck so states Sidewalk betterments are charged on all sides of a corner lot or on any lot fronting on two streets. Mr. Mazyck states that the previous year he had been charged with a sidewalk betterment assessment for the front of his property on Reed Street, and there are no provisions for previously assessed sidewalk betterments and the Town Engineer recommends that the request for abatement be denied. Mr. Kenney I concur with the recommendation regarding the street but I have a question regarding the sidwalk, which he normal- ly doesn't use. Mr McSweeney explained the layout to the Board and said that a person only pays on the longest side. Mr. Bailey A sewer can only increase the value of the prop- erty once but having paved streets can increase it considerably. Mr Busa I feel that instead of making a policy change on one issue, make a policy change that sidewalk betterments be split on both sides of the street, which has been discussed previously to this. The Board agreed that the Town Engineer is to report back to the Board before a decision is made. The Chairman read a request from the Town Engineer for a water abatement for ltek in the amount of $7,367.48 Water Chairman Cataldo This was the account we talked about with Abatement the problem with the meter and the reason for the original billing was for charges and interest over and above the actual amount, the abatement is to cover any penalty charges incurred on the bill . Upon motion duly made and seconded, it was voted to sign the water abatement for ltek in the amount of $7,367.48. Urban Mr. McSweeney reported that he had discussed with the State DPW Highway the proposal for the Town to participate in the urban highway system. System They had originally proposed it from the Arlington line to Pleasant Street, just Massachusetts Avenue After reviewing it, we added Waltham Street, Spring Street, the rest of Massachusetts Avenue, Lowell and Adams Streets Last Friday, the State DPW asked the Chairman to sign as it was originally proposed. I asked about our plan and they said they would re- view it at a later date, as this plan had to be drawn in October After discussion, the Board agreed to authorize the Chairman to sign the agreement Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the agreement with the State Department of Public Works for the Town to participate in the urban highway system, from the Arlington line on Massachusetts Avenue to Maple Street Chairman Cataldo informed the Board that he and Mr McSweeney met with Commissioner Bruce Campbell regarding the Hartwell Avenue access road to Route 128. We discussed many phases, including the SILC peri- meter road, and everybody agreed they should be discussed separately It was left thatthey would come back to us in two months with some design drawings. They are putting us on notice; they are not asking for commitments of money We said to take one at a time and if we are Hartwell agreed 4pn the design, we would take the next step and recommend to the Avenue Board to research every avenue for money, whether Air Force or what Access other organizations would want to participate For the time being, we Road can expect a design drawing to come to us in two months. Representative Cole was present at the meeting and said it has worked for cities and towns to file legislation to construct a road; it doesn't need Town approval and it doesn't necessarily mean they are going to build it right away. Chairman Cataldo With the commitments we received today, we wouldn't want a bill to be filed as it might make the State DPW feel we didn't believe what they told us. The Board agreed. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8:50 p.m. A true record, Attest xecutive Clerk, Selectmen 9i SELECTMEN'S MEETING October 26, 1971 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Tuesday evening, October 26, 1971, at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Buse, ind Mrs. Riff in; Mr. Legro, Town Counsel; Mr O'Connell, Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present. At the request of the Town Clerk, two jurors were drawn as follows Jurors Elliot J. Feiner 9 Flintlock Road Frank J. Sanderson 5 Meadowbrook Avenue Mr O'Connell informed the Board that we have received the new regulations governing the determination of rates of payment to be used Ambulance by all governmental units and carriers under the Workmen' s Compensation Rates Act for all ambulance services provided publicly-aided patients and industrial accident patients, effective on and after October I, 1971 . The maximum compensation fee is $35 and we have no problem as our ambu- lance charge is far below that. Mr. O'Connell informed the Board that our sanitary landfill opera- Landfill tion was recently inspected by the State and after there is an opportunity to review the results of their report with Mr Heustis and Mr. McSweeney, he will come back to the Board. Mr. O'Connell informed the Board that he had received a memo today from the Department of Community Affairs to local Boards of Health, calling attention to House Bill 5693 which has passed the House and is House now before the Senate. If passed, it would require that a search war- Bill 5693 rant be obtained for inspection of any premises under the State Board of Sanitary Code The Department of Community Affairs is desirous of Health In- getting the reactions of municipal boards if it is a satisfactory thing spection There is a penalty of $200 for any official who makes an inspection without a search warrant After discussion, the Board agreed to take a position opposing the bill . Upon motion duly made and seconded, it was voted to send a tele- gram to Senator MacKenzie that the Board strongly opposes House Bill 5693. Chairman Cataldo read a request from Mr. William R Page, Chair- Harrington man of the Harrington Seedling Forest Committee, to meet with the Seedling Board to review and discuss plans for 1972 and long range plans on Forest locations and types of plantings The Board agreed to schedule a meeting . 97 Chairman Cataldo read a letter from Attorney Francis W.K. Smith sub- mitting a photocopy of the plan on record of the Middlesex South District Registry of Deeds showing lot 462 Banks Avenue and, also, a photocopy of Tarbox the deed to Mr Tarbox. 462 Banks Upon motion duly made and seconded, it was unanimously voted to in- Avenue sert an Article in the Warrant for the 1972 Annual Town Meeting for the 1972 Art acceptance of the gift to the Town of Lot 462 Banks Avenue from Priscilla E. Tarbox, Executrix of the estate of Lee E. Tarbox. Chairman Cataldo read a letter from Mr Fish of Bolt Beranek and Newman Inc offering W. No 288 as shown on Plan No. I9485K as a gift to the Town; this lot consists of a triangular parcel of land located be- tween Route 2 and Hayden Avenue The only conditions to this gift are BB & N that it be accepted by June 30, 1972 and that any betterment assessments Lot 288 against the parcel be removed prior to the acceptance of the gift. Mr 1972 Art Fish states that it is his understanding that Lot No 288 may be subject to an order for constuction of a sewer on Concord Avenue. Upon motion duly made and seconded, it was unanimously voted to in- sert an Article in the Warrant for the 1972 Annual Town Meeting for the acceptance of the gift to the Town of Lot No. 288, off Hayden Avenue, from Bolt Beranek and Newman Inc Upon motion duly made and seconded, it was voted to approve the Adinutes of the open meeting held by the Board of Selectmen on October 18, Minutes 1971. Chairman Cataldo read an invitation from the Massachusetts Leqgue of Cities and Towns to attend the League' s Annual Meeting at Auburn, Massachusetts on November 13, 1971 . Mrs. Riff in is to attend. Chairman Cataldo informed the Board that an application for a Common Victualler's license has been received from Mario' s, 1733 Massa- Mario' s chusetts Avenue This is a new restaurant and the Board of Health has Com. Vict inspected and approved the premises. License Upon motion duly made and seconded, it was voted to sign the Common Victualler's license for Mario's, 1733 Massachusetts Avenue Chairman Cataldo read a letter from the Boston Transportation Plan- ning Review thanking us for the meeting with representatives of the Town Boston which was held on October 5, 1971 . A map was submitted illustrating the Transp major transportation-related problems identified at that meeting and a Planning request for comments Review Upon potion duly made and seconded, it was voted to refer the matter to the Town and the Planning Director for comments. Chairman Cataldo read a letter from Dr Paul F Vinger regarding Traffic traffic conditions at Eldred and Bedford Streets during 7 30 a.m. to Bedford & 9 00 a.m. and recommending that a patrolman or a traffic signal would Eldred alleviate the problem Streets 98 Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee for a report. Chairman CataIdo read a letter from Mrs Pauline Spagnolia, 18 Rindge Avenue, regarding a new wall in front of her property. Spagnolia Upon motion duly made and seconded, it was voted to instruct Request the Acting Superintendent of Public Works to inspect the premises and report back to the Board Chairman Cataldo read a request from Attorney Polcari request- ing a deferment of water betterment assessment on Lot 43 Kendall Road owned by Anthony Apollonio, in the amount of $75, Upon motion duly made and seconded, it was voted under thelpoo- Apollonio visions of Chapter 159 of the Acts of 1950, to extend the time of Water payment of the water betterment assessment, in the amount of $75, Deferment levied against property owned by Anthony and Delfino Apollonio, located on Lot 43 Kendall Road, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first, provided, however that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof Chairman Cataldo read a letter from Thomas P. Damm, 40 Reed Street, regarding the sidewalk betterment assessment on Lot 10A Vaille Avenue, in the amount of $23 The letter states that during the paving of Vaille Avenue in 1970, I was advised by the town that Sidewalk because my property at 40 Reed Street had only 23 feet frontage on Assessment Vaille Avenue and 75 feet on Reed Street, 1 had no obligation for Mr Damm the betterment As explained to me, the town policy is to assess betterments of this type, streets, sewer, sidewalk, etc where the property fronts on more than one street, islto charge for only the excess frontage on the secondary street over that which the property faces In my case, the Vaille Avenue frontage is greatly exceeded by Reed Street I did not receive any betterment assessment for the paving of Vaille Avenue and this seems to support my understanding of town practices Based on this, I do not feel that the sidewalk-.charge is applicable Mr. Kenney Mr McSweeney was asked to review the policy Mr Bailey We must see a plan before we can discuss this and make a decision. The Board agreed to request the Town Engineer for a plan of the area involved and his recommendations regarding Mr. Damm' s request Chairman Cataldo informed the Board that a letter has been re- Housing ceived from George Woron, Counsel for the Housing Authority, submit- Authority ting a copy of the Plan of Land in Lexington proposed to be conveyed Deed to from the Town of Lexington Housing Authority; this Plan has been ap- Land off proved by the Lexington Planning Board on October 18, 1971 . Mr Woron Waltham hopes this will be sufficient to permit them to proceed with the convey- Street ancingof the land 99 111 Chairman Cataldo to Mr McSweeney Is the plan, as submitted, the same land we agreed to convey? Mr McSweeney Yes, it is the same piece that we discussed on the Architect's plan with Mr. Scanlon Upon motion duly made and seconded, it was voted to request Town Counsel to draw the deed for the plan submitted by the Lexington Housing Authority for the conveyance of land to the Lexington Housing Authority from the Town of Lexington. Assistant District Attorney Foster Furcolo, Drug Counselors Paul Suslowitz and' Robert Minick of Project PREP met with the Board Members of the Lexington Drug Committee and Mr McManus, Drug Counselor were also present Chairman Cataldo The Board is interested in hearing about your drug program Mr Furcolo Project PREP began a little over a year ago out of District Attorney Droney's office, it is a program in his office and he decided to have a drug program at the Middlesex County Hospital . There is no affiliation and no treatment of a medical nature; it is located there because the facility is there and we put the thing together since there are considerable experts in drug matters there. I am a layman but I am connected with the drug program and the staff is comprised of back- ground people in narcotics; two people are top people in the State Police narcotic program, two were with the F.B.I , one with the Federal Bureau of Narcotics, two lawyers connected with law enforcement or defense in drug addiction cases. Then we have Guidance Counselors with psycholo- Project gical backgrounds, one was a Drug Counselor in the Wayland area and was PREP the Massachusetts teacher of the year In addition to his education, he had an athletic background Another was a teacher and is at Brandies There is a woman in Nursing School and a Guidance Counselor in a college Another had nine years at an elementary school and worked with underprivileged children and another was a psychiatric aide at Tri-City Mental Hospital We felt if we put this group together, we would have a group of counselors of all shapes and sizes We embarked on a series of programs and went into schools with programs. One we just started of interest tonight; some months ago, we felt it would be helpful to send our people into the community to try to be helpful . The first was Marlborough, a joint venture between Marlborough and PREP; two of our counselors went into Marlborough and reviewed whatever it was to have facilities for young people We were given a copy by the authorities and recommended specific steps on how Marlborough might make better use of facilities or new steps to be taken. We spent time there in schools and hospitals and talked with people. We were aware that some communities had nothing and some were sophisticated and had a great many programs. All kinds can be set up When in Marlborough, they did an excellent job and after they completed the job they made an oral presentation to the "powers that be" and a written report of 50 pages in length, giving specifics. They don't go into communities to criticize. You have people who work hard and long and do en excel- ' lent job and the basic purpose is to be helpful When concluded, the 100 Mayor gave an excellent recommendation Paul Andrews of the State De- partment of Education reviewed their work and gave a very high 111 recommendation At a point in time, he will give a recommendation to any community becausehe thinks it helpful to do this kind of thing We think it might be helpful to have someone from the outside; it is the value of having an objective of evaluating whatever facilities there may be It originally started out that we might be helpful to communities without cost but we are a government agency and because of the curtailment of our staff, we are not in a position to say we have the people and will send them in We have to say we would have to do this as a joint venture As far as the PREP staff, the com- munity doesn't have to pay. Our staff is cut, so the way we operate is we have available to us people trained by us or act as consultants to us In Malden, we undertook a survey there and they provided us with a place for the counselor to hang his hat and our people super- vise and they bring in two or three to work under their supervision and Malden pays these people and our people are not being paid by Malden It would be beyond our capabilities but by working as a joint venture, we find we are able to do this. The best way to get into a venture of this sort, if Lexington is interested, the best way to approach it would be for our people to make a survey of two areas and it would not cost anything but the Town Fathers opening up the doors and then we are in condition to come back in 6 to 10 weeks and say it would cost so much. We didn't do that in Marlborough; we gave them our guestimate and it took two days to make the survey. That is as 1 view it Bob Minick and Paul Suslowitz did the survey in Marl- ' borough_anilthey supervise the communities into which we go. Chairman Cataldo Are you telling us, Governor, you will assign a couple of your people to the Town as long as your consultants are working Mr Furcolo Our two people have charge in Malden; Malden pays 2 or 3 people - these two and two or three others outside. Chairman Cataldo What is your schedule? Mr Furcolo In Marlborough, they spent a great deal of time. In Malden, we worked closely with the counselor of Tri-City and we were familiar with what the situation might be. We gave them an estimate that it would take 4, 5 or 6 weeks; Marlborough went 12 weeks. We talked with three towns and gave a guestimate of about 7 weeks, now, we find when talking with them, we think it will be 7 weeks and about $2,000. We felt it would be a better approach to go in with- out a charge to the community and give a guestimate. Wfith Malden, they were financially limited and the Mayor and the Council passed it. We made arrangements that we would stay within that figure and if it is not a true figure, Project PREP will finish up without further charge. Chairman Cataldo When could you do it? Mr. Furcolo My guess is that we could start in about two weeks. Mr Suslowitz I think the Governor outlined what we did in Marlborough. There are a lot of things hidden and in Marlborough we worked very closely with the self-help group and it caused the City lot Officials and Police a great deal of concern. We spent a great deal of time improving the public image and felt they had to justify their existence By the time we left Marlborough, they were supporting it by $10,000 a year The Director is a professional . In the schools, we worked closely in developing a program Mr Furcolo It seems to me it is something that could be help- ful to a community. Lets assume a community has everything it needs and we make suggestions. I think it is helpful to the community from the point of view for future funds where the community is asking the state for help. The first question is, are these the right facilities? If you are in a position where an outside survey is made, it is helpful and it is something that should be considered. Chairman Cataldo We do have a Drug Committee. Mr. Furcolo Everything we hear about Lexington is good; you are far ahead and have a sophisticated program in the community and we are delighted when we see something of that kind. We are interested just as much in seeing what is right and good and to straighten things out without making a federal case of it Mr. Kenney I have talked with Mr Minick and gave the background and I am not sure how familiar you are with Lexington. We have Mr McManus, Dr. Ellicott and Mr Mabee of the Drug Committee here Are there any questions? Mr Furcolo In Marlborough they worked fairly closely withLthe school and made suggestions to the school that are being followed up. Dr Ellicott What factors in a Town would determine how exten- sive and how long the survey might be? What things do you look at in a 2-day survey? Mr Suslowitz In a 2-day survey, we are also looking whether we are needed here. We are not coming in for the sake of coming in. A lot of surveys would be a survey of resources and to sit down and talk with people in the school and people in the street and see whether there are gaps. Unless we had a broad mandate to include all School Committee people, our effectiveness is limited. If we go to the school and the school is not included, their attitude is, you are intruding From experience, we would like to talk with people and get a sense of where we can help in the school or the street Mr. Furcolo In Malden, they sat down with people in hospitals and would go and talk with the various schools; in addition to that, they talked with people in the court The beginning is more or less in substance to go to people and say what don't you have, and they also get out and get directly with the kids. A teacher from Marl- borough said that two counselors, at the end of 5 or 6 weeks, got the trust and confidence of the kids and they wanted them to go back and get continuity. They would contact anybody or everybody who had con- tact with a drug abuse problem. Mr. Kenney My reason for asking is, we have good groups in town but I think it could be very valuable if some outside people came in free of prejudice. Mr. Furcolo In Malden, they said they would like to have some- 1 body come in from the outside The first thing in Malden was the lack 102 of coordination and very often an outside group coming in can suggest something to pull them together. We think our people are well quail- fied and we do come in from outside. Mr McManus I think it a very interesting idea and it does have a lot of potential ; I am interested to see what is happening. , Mrs Parsons Are you getting to the root of the matter by arresting the pushers? Mr. Furcolo Project PREP doesn't get into that; the District Attorney and the Police do that sort of work. We have a youth center at Project PREP and we don't endanger youth confidence, youngsters don't want to go to counselors. Our guidance is kept completely separate. When our people go into a community, one of the stops is with the police as they are active. That' s a separate thing from what these folks do when they go into a community as they don't want to go into a community and get involved with law enforcement. Chairman Cataldo The pusher is the responsibility of the Police We know of many pushers but are not arresting them yet un- til the laws are tightened up for the police to get into it and make it stick Until this is done, we can't do anything and make it stick. Mr Furcolo We try to get the youngster before he actually is involved. In our youth center, our appeal is to young people before, they get involved. There may be 4 or 5 different steps before they become involved; they are as much interested in looking at the over- all picture as far as the youngsters are concerned. Mr. Kenney When. we hired our counselor, this problem was how closely he would be associated with the police and if he gained the conficence of youngsters, there had to be a sharp delineation. Mr Furcolo- I agree. At our youth center, we didn't ask for identification Mr. Mabee Is the kind of program you are about to offer us flexible? If we didn't have quite as much as Malden, could we have, less if we explained specifically? Mr Furcolo Yes One of the purposes of the 2'day survey is this very point; they check over and find out what you have and if you have certain facilities, there is no use fooling around If you want it tailored, yes Mr Minick I think that could be arranged. If the Drug Com- mittee determined some sort of investigation, we could do that Chairman Cataldo You said they would spend two days and in that time they should work with you and find out what areas you want covered. Mr Furcolo The "powers that be" open doors for them. Mrs Riff in Tell us a little more about background experience, training and costs. Mr Furcolo The cost actually given one town recently came to $300 a week for a consultant; that particular community figured $2, 100 for 7 weeks. Malden estimated either 4 or 5 weeks at $1,000. 103 Mr Paul Suslowitz I have a B.A. in Psychology; I worked for a year at Ricker' s Island Prison and worked running groups for hard core addicts and one year with 6 to 14 year old disturbed children, I worked Harvard basically with case studies on jails and drug addiction and examining both administrative and programmatic as well , and taught in Concord for half a year Mr Bob Minick I worked in community organization. B.A. in Pyschology from Colgate and did graduate work at the University of Oregon on a program on community development; I had a year in VISTA As a consultant to poor people, I developed projects for emergency food and medical care. After that, I came to PREP and received training like other counselors Mr Suslowitz We have a center coordinator and he has worked as a social worker for three years and one girl working at Bridgewater with serious offenders; one worked at Roiabury and one at Boston City at Project Turnoff It is a kind of varied group. Mr Minick We looked for people with some experience Chairman Cataldo Governor, would you please explain the money - would these people be on our payroll? Mr Furcolo The way we did it in Malden, we gave two, three or four names and Marlborough pays them directly, $150, $200 or 'whatever it might be. Chairman Cataldo Our agreement would have to be directly with them as consultants? Mr Furcolo I suppose so. In Malden, he is called the liaison man and of these three names, each one got so much We thought it best that the Town engage these people as consultants and the Town not have anything to do with paying Project PREP. Mrs. Riff in Who went as the liaison person? Mr Minick One went to the Drug Committee and the other man to the school . Mr. Furcolo The Department of Education has a group "Project Decision " They send people into various communities and there is no conflict Project PREP goes in first and after we are through if the community needs help, "Project Decision" comes in In Malden it was originally opposed and said why spend money if we can get it for nothing as the Department of Mental Health does this for nothing. They called the Department of Mental Health and were told they do not do that because of no personnel . They thought it best for Malden to do it Chairman Cataldo Thank you for coming; the Board will discuss it Mr Furcolo, Mr Minick and Mr Suslowitz retired from the meeting. The Board discussed Project PREP with members of the Drug Com- mittee. Mr. Kenney The Governor did suggest a second step Mr McManus, Drug Counselor I think a 2-day survey might be good; many of the things they would look for, the people in Lexington might tell them Maybe they could pull it together 104 Mr. Kenney Maybe their survey time could be cut back. Chairman Cataldo Is it your feeling to have Mr Kenney talk with the Governor to set up the next step? Dr Ellicott With the positive recommendations from the Mayor of Marlborough, was there any material that came to anyone's light that would be detrimental to Marlborough to act against the decision? Mr. Kenney Dr Monderer did talk to the school and got a good recommendation Chairman Cataldo We could talk with the principal of Marlborough High School . Mr Mabee As I see it, you don't make a commitment until they make this study of two days. Chairman Cataldo All they are saying is, do what you want Mr. Mabee The Drug Committee could get together with them and ask how much would it cost to do that Dr Ellicott The criteria is different; Malden and Marlborough had different setups. I would like to know what criteria are they going to look at? Chairman Cataldo As I understand it, they are going to tabulate everything that is going on in this Town, anything in the field of drugs and the coordination of it. I don't think they are going to come up with anything other than to coordinate them. I see nothing wrong for them to go on that step and 1f.you people are interested in looking at what the final report will be if it does not cost us. If I asked them to come in two or three weeks, you fellows see in what direction you want to go. I see it as a consultant coming in and picking brains and putting it together Mr. Mabee Maybe there are some answers we really want and would like to give them some direction. Mr. Kenney I would call and ask them to send one of the fellows over Chairman Cataldo I would like to have them come in cold and look at the total picture without cranking anything in; I would hate to lead them. Mr Mabee All they will do is talk to all the people in Town and hand it all back to you. I am in agreement to go the next step. Chairman Cataldo There is no question as far as setting up ap- pointments with department heads Mr Kenney I will call them and ask them who do you want to talk with, and assist them in setting up appointments and introduce them, and they are on their own When they are ready to report an the survey, the Drug Committee will meet with them and come back to the Board The Board agreed that Mr. Kenney is to contact Project PREP. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person 1t)5 ' After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 50 p.m. AA true record, Attest 7lr Ex cutive Clerk, Selectmen I iWi SELECTMEN'S MEETING November I, 1971 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 1 , 1971, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs. Riff in; Mr Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Assistant Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present. Chairman Cataldo opened the meeting and said that Selectmen Alfred S Busa and his brother Daniel P. Busa, are donating a German wall clock for the Selectmen's meeting room. The clock is over 100 years Busa old and we are very fortunate to receive it as a gift. Gift Upon motion duly made and seconded, it was voted to accept with sincere appreciation the gift of Alfred S. and Daniel P Busa to the Town of Lexington of a German wall clock to be displayed in the Select- men' s meeting room until such time as the administrating branch Of Town Government has no further use thereof, at which time it shall be re- turned to Alfred S. Busa, his heirs or assignee. Mr. O'Connell recommended approval of a request to the Appropria- tion Committee for a transfer of $180 from the Reserve Fund to Account Transfers 7100-Veterans' Benefits-Personal Services to correct a clerical error Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee of a transfer from the Reserve Fund to Account 7100 in the amount of $180. Mr. O'Connell recommended approval of a request to the Appropria- tion Committee for a transfer of $600 from the Reserve Fund to Account 1142-In-State-Travel Account The Out-of-State-Travel Account will be underexpended by at least $600; therefore, the effect will be equiva- Transfers lent to have transferred from Out-of-State-Travel to In-State-Travel . Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Re- serve Fund to Account 1142 in the amount of $600 Chairman Cataldo read a letter from the School Committee regarding a notice from the Lexington Education Association of grievance proceed- ings against the School Committee in the event of non-compliance with School the agreement to pay teachers every two weeks. The School Committee Committee requests that the Board of Selectmen consider a course of action which L.E.A would avoid a court action in this matter Attached was a copy of a Contract letter from L E.A to the Chairman of the School Committee stating that if all Articles agreed to under the L.E.A. contract are not followed to the letter the L.E.A. in conjunction with the M.T.A. will initiate pro- ceedings under Article 111 , Level 3, of the Lexington Education Asso- ciation agreement with the School Committee of the Town of Lexington 1. 4 Chairman Cataldo This is the issue we talked about last June, we informed them we would not and could not do this until we got into the new building Mr O'Connell has a letter in the file on this. What is happening is, the M.T.A is pushing them, also that no one could ques- tion the School Committee vote and they did not have the authority to vote We informed them of this four years ago and we made a considera- tion at that point to go along with them. Mr O'Connell and Mr Perry informed them before this decision was made Mr O'Connell They were informed more than once. Mr Kenney You are talking about the incident of dues deduction? Mr Bailey Yes It was announced while we were in negotiations with the Unions What is the current status with Mr Perry? Mr O'Connell I would rather inquire of Mr Perry We are not in a position to do this et this stage They are related questions; the School Committee asked for the change to apply to the teachers covered but the group extends beyond that Chairman Cataldo Mr O'Connell received a copy of our letter and replied to the School Committee that it appears that the problem created Is the result of the School Committee making agreements unilaterally for which it did not have the means or the final authority to carry out They haven't filed the grievance yet but have put them on notice that they are threatening to do this What is the Board' s position? Mr Buse I would notify them that we just can't do it at this time but we will implement the change under the contract as soon as possible. Mr Bailey I think we should go one step beyond and request a time schedule from Mr. O'Connell or get directly from the Comptroller a time scheduled for incorporating the new payroll and implement the School Committee requirements. Mr O'Connell Referring to their requirements as asked for or requirements as the Comptroller would consider? Chairman Cataldo The first question is, are we going to do this at all under the present setup? (2) If we do agree, who pays for it - whose budget? (3) On the policy, the question is, is the School Com- mittee going to be put on notice of the Board' s position and ignore it time and time again? Mr Bailey I hear everything but the intermediate position here where it is possible it can happen at some finite time but don't think we absolutely can do it - I don't know this. If we can't, we go to court They agreed to something we cannot do. Mr Kenney When could we do it? What would it cost? What is the burden on the Comptroller, and on that basis, do we want to do it? We went over the specific item of their agreeing to do something with the .M T.A. Like dues checkoff, that wasn't their decision to make. Mr. O'Connell One other aspect, it puts in focus the difficulty now that the Comptroller would have to be satisfied When a holiday occurs in a week, it commits the Town to deliver the paychecks within the week when the holiday occurs and if he is late, he is embarrassed The pay day is advanced and not set back For the Comptroller, under the present circumstances, it is impossible; also, the question if the new system will be capable of operating fast enough on the new schedule of a holiday which can be met 1 08 Mr Busa They negotiated something not in their jurisdiction. Does it make it legally binding in their contract? Are we legally bound? Chairman Cataldo No more than they would be bound by a decision we made Mr Busa Then they inform bargaining that they come back to us and negotiate that point with us. Chairman Cataldo It is clear cut there should be an understand- ing where the authority lies and if the Board takes a position, it means it They just can't flagrantly ignore it, and they should understand this. There are two questions here and one is more-impor- tant than the other and as far as I am concerned the first is impor- tant I don't want to be threatened by the L.E.A or the M T.A. and I don't like the idea, of being put in this position by these people. Mr Busa Would it be in order to notify the School Committee that under that clause the Tpwn is not legally bound? Chairman Cataldo I think we should say we originally said we would look at it when the Accounting Department reorganized With new equipment Mrs Riff in I would like to see an analysis and recommendation by Mr O'Connell and Mr Perry before we make a change from our present policy. Once we have that, we say this is in the process and until then we cannot change from our present policy. Upon motion duly made and seconded, it was voted to notify the School Committee that they had been previously informed, before the School Committee agreed to do so, that the payroll schedule could 'not be changed and the Board is in no position to honor this request at this time. As soon as the Accounting Department is set up and the equipment necessary to operate this department is purchased, the ' Board will then consider the request once again. Chairman Cataldo read a request from the Knights of Columbus to extend the hours of operation on the Club Liquor License from 11 00 K of C p.m to 12 00 M on Sunday, November 21, 1971 . Upon motion duly made and seconded, it was voted to deny the request Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Cert of James Beck, M.D. 17 Patriots Drive Incorp. William Kates, M.D 6 Angier Road "The North Char4es Mental Health Research and Training Foundation, Inc." Chairman Cataldo read a letter from Joseph C. Tropeano of Larch- Land Fill mont Engineering and Irrigation, Inc. Lexington, suggesting a winter Ski Area recreation area at a sanitary land fill by piling materials into a small mountain. If interested, he would be glad to work out a plan for a ski slope, toboggan slide and, possibly, a skimobile area. 109 Upon motion duly made and seconded, it was voted to refer the pro- posal to the Acting Superintendent of Public Works for a recommendation. Chairman Catafdo read a request from Mrs Charlotte Sanderson, 5 Meadow Brook Avenue, for a deferment of water and sewer betterment assessments on Lots 289 and 290 Blossomcrest Road Mr McSweeney The frontage is on Vineyard Avenue, a paper street; this means they have no legal frontage on Blossomcrest Road and, technically, no access to either water or sewer for Lots 289 and 290. Sanderson Upon motion duly made and seconded, it was voted to defer payment Deferment of water and sewer betterment assessments, without interest, on the following lots owned by Frank J and Charlotte Sanderson 5 Meadow Brook Avenue, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Lot 289 Blossomcrest Road Water Betterment Assessment - $169.50 Sewer Betterment Assessment - 436 14 Lot 290 Blossomcrest Road Water Betterment Assessment - $ 90.00 Sewer Betterment Assessment - 356 03 Chairman Cataldo read a letter from the Burlington Board of Se- lectmen stating that they had banned the use of road salt for snow and Burlington ice control purposes on all public and private properties, and they Salting are asking our cooperation by taking whatever steps are necessary to assist them in protecting the Burlington water supply. The Board agreed to;-reply that we will do everything in our power to help ease the situation for the Town of Burlington. Mr William Whalon of the Regional Refuse Committee met with the Board Mr. Whalon I thought it might serve a useful purpose to bring you up to date on<the project. We are no closer to a definitive solu- tion and no one in the country is either In looking at a government publication, there were listed in the area of eighty different grants given by the federal government, the conclusion was this is not a particular thing to spend their money for As you know, we prepared Regional an interim report a year ago and have drawn tentative conclusions Refute that until the time is reached when effective methods for recycling and using waste products are developed, we couldn't in conscience recommend amounts of $22 M. for any other type of method. We did feel the method coming into use by a private firm in Cambridge, Reclamation Systems, that if their method would prove out, the tech- nical people felt if the techniques they are proposing to use were proven, this would be a reasonable solution for a 10 or 15 year period, by which time there would have been established a more effec- tive method of resuing our resources During the past year, this 110 firm came into operation in Cambridge and in the process of working out the bugs in the machinery, they had it coming along fairly well when they had a fire and went out of business; it is now under construction and they will be back in business February I . The other half of it is finding a place to put the stuff; it is a major problem as there are no land fill areas in the Metropolitan area that would be adequate for the requirements of the seven communities that make up our group. There are 700 tons a day estimated and maybe 1300 tons in 1990 with ; the population projected increase So this firm encountered a ver, serious problem in locating suitable area to which they might carry this compacted material, and not one would volunteer to make an area of substantial size to accept refuse of the Metropolitan area. This, of necessity, places it in the lap of the State and they have very slowly and poorly made some progress There are two bills before the Legislature, one before the Conference and one before the Senate. They feel that they will be able,for regional groups like ours or communities who aren't able to call upon them, to acquire areafpr iA This was one of the reasons three or four years ago that our activi- ties were encouraged by the Board, that we would be better off to carry out our activities in concert with compatible neighbors; so it has been part or partly this defensive attitude which has furnished part of the reason why we stepped into collaboration with other towns We still are of the opinion that for the reasonable factor that this particular method would offer a reasonably, relatively inexpensive method of disposing of the solid waste of all of these seven comeun- it$es on a contract basis with a private company and we pay a fee, with apparent safeguards that might entitle us, if there is a fault., to take over the facility ourselves, and if it didn't work out, we could walk away from it. We feel we would like to continue on this part and await developments of the Public Works Authority, and .we are led to believe it to be the case this week. Boston Gas, with one of its subsidies, is waiting too. It would be adequately funded and might be able to do this as Reclamation Systems would have to have affiliation with railroads which these people don't have They are a natural for this sort of thing My purpose is to answer ques- tions and bring you up to date and reaffirm our own feeling on the matter relative to Town Meeting, to find out whether it is the dispo'. sition, on the part of the Board to continue as we have or to endorse the activities of the League of Women Voters who have, you are .aware, made a study of the possibilities of bringing into being some local type of recycling effort which would, I think more than anything else, serve as an effective way of bringing across to the citizenry the necessity for individual participation in the conserving of our re- sources and our stopping, to the extent that we can, the continued drain on our resources. I can't vouch for the different phases they have given thought to but certainly the steps they have taken at the dump have been rewarded by a greater participation than expected; it has had good response without any concerted effort by anybody of the Town to endorse this activity by an announcement of endorsing citizen participation to a greater degree It seems to be the general con- census of opinion that this is going to be the order of things a few iii years hence I understand these activities in Wellesley were a great Ill success, for people to bundle up and sort out stuff If properly sup- ported and monitored, it might yield a dollar or two to the Town. Mrs. Hals is meeting with the Appropriation Committee for a bin to put at the dump. Mr O'Connell : The problem is in the interest of any of the waste paper contractors in coming and picking it up. If the market value is low, we have to chase them to come and empty the trailer; I wouldn't be optimistic to find another contractor that would do it as we recognize that from time to time it is not economically profitable to the con- tractor, and we continually run into this. Chairman Cataldo There is no question the Board would support a recycling program, it could be worked into our operation satisfacto- rilly. We would look to you for some recommendations for initiating and Implementing at the dump. We have, at this point, been cooperative with the recycling and sent Town equipment to haul it. There is no question in any member of the Board' s mind that we would expand this. If we make money in the meantime, naturally we are all for it. If you would come to us with programs of some areas you would consider set- tling up, I , for one, would consider working with you It is a tremendous problem. In this Town, we are faced with a large popula- tion and as you drive through Town people are raking and bringing leaves to the dump. My point is, if we had a program I think people would participate I think they would, if it were implemented and done right so that people 'did not get upset. Mr Whalon I don't think our committee felt it to be our prob- lem to solve it for Lexington rather than a regional approach but we would be happy to express an opinion of things the League of Women Voters come up with Chairman Cataldo If you come up with something to consider implementing, we would like to hear from you. As I read your min- utes, there is no question in my mind that you are taking the right approach and commend you for spending the amount of time you are in doing the job Mr Whalon The League of Women Voters has undertaken this work voluntarily I mention one thing that it doesn't seem to me too dif- ficult to accomplish, and it does concern itself with leaves, if there was a confined area where they could be dumped. Some Towns have compost areas and, if properly handled, there would be humus there and it could be sold to the people Chairman Cataldo It would take some doing to build up compost piles; it whould have to decompose and unless you put it in properly with layers, it won't decompose Mrs Riff in Westfield has an organic center I don't know if it had been investigated for Lexington Chairman Cataldo It would take some doing to build it up properly Mrs. Miller of the League of Women Voters We have drawn up a plan for the local dump area and also have a program for immediate recycling; we also have investigated the compost piles 1f ) Chairman Cataldo A copy of your proposal will be sent to members of the Board, Mr O'Connell and Mr McSweeney. As soon as they evawiu- ate it, we will discuss it Mrs Miller As long as you consider it The Board agreed to read the interim recycling proposal to discuss it, and to inform the League of Women Voters of the decision. Mr Whalon retired from the meeting Police Tele- Chairman Cataldo informed the Board that a check in the amount of processing $223 has been received from the Governor's Committee on Law Enforcer; ment and Administration of Criminal Justice for Police Teleprocessing Terminals This money was put in last year' s budget, this is the reimbursement Chairman Cataldo read an invitation from the Lexington Housing Vinebrook Authority to attend the ground-breaking ceremony at Vinebrook Village Housing on Monday, November 8, at 9 00 a.m. Members of the Board are to attend. Chairman Cataldo read a request from Ginn and Company to install a temporary wooden sign on the roadwayleading to the property at Ginn 191 Spring Street Sign The Board agreed to inform Ginn and Company to contact the Board of Appeals as permission to maintain signs, whether temporary or permanent, falls within the jurisdiction of the Board of Appeals Chairman Cataldo read an invitation from the Lexington Inter- faith Corporation to attend a meeting on Thursday evening, November II , at 9.00 p.m The speaker is to be Mr John Carney, Director of the Office of Community Housing Assistance and Counsel to the State Hous- ing Appeals Committee. Mrs Riff in is to attend the meeting Chairman Cataldo read a report from the Traffic Committee regard- ing a previous letter received from Mrs Cadle, 15 Meriam Street, on traffic conditions when the Central Block is built. Meriam St The report states that Meriam Street is no different from other Traffic streets around Lexington Center and the alignment and topography do Central not encourage speeding As of now, the proposed Central Block plans Block have been dropped and- the new plans recently submitted provide for no apartments. The widening of Massachusetts Avenue in front of the proposed Central Btock, the expected reconstruction of the Library and the adjacent parking area and other anticipated changes in the Center will effect the traffic and change the conditions. Eliminating on- street parking on Meriam Street would encourage higher speeds. The Traffic Committee recommends no action at this time. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee that no action be taken, and 1 until the final decision is made on the Central Block no permanent changes should be made regarding traffic in the Center. 11'3 Chairman Cataldo read a letter from Mr. Peter Coccoluto, President of Maria Hastings PTA, stating that a previous letter had been referred to the Traffic Committee regarding the possibility of making Crosby Road one-way during the hours of 3 00 p.m and 4 00 p.m. Also, the PTA requests consideration of a crossing guard on School Street to assist children coming down Stimson, Grandview and Eastern Avenue A Traffic Committee report on School Street states that a report of the Police Department indicates traffic volumes and the behavior of School St both motorists and school children are such that a traffic safety prob- Sidewalk lam exists. As indicated in our preliminary report of June 7, the only solution is the installation of a sidewalk along the easterly side of School Street, thus permitting the children from School Street and the three avenues joining it, Grandview, Stimson and Eastern, to congregate and cross at one properly marked and guarded crossing point. It is the recommendation of the Traffic Committee that such sidewalk be installed, Mr McSweeney This is a difficult one; this one has problems. There are about 600 ft involved for this sidewalk, Upon motion duly made and seconded, it was voted to request the Town Engineer to report to the Board on construction cost estimates for consideration at budget time for a sidewalk on School Street from Eastern Avenue to Stimson Avenue Chairman Cataldo read a Traffic Committee report regarding a re- quest from Mrs Helen Stewart, 292 Waltham Street, for a blind drive- way sign. The Committee recommends the installation of the sign as Sign it believes it is warranted at that location Waltham Upon motion duly made and seconded, it was voted to accept the Street recommendation of the Traffic Committee and to instruct the Acting Superintendent of Public Works to make arrangements for the installa- tion of a blind driveway sign at 292 Waltham Street. Chairman Cataldo read a report from the Traffic Committee submit- ting a proposed amendment of the Traffic Rules and Orders providing Taxi Stand for 3-cab taxi stand on Massachusetts Avenue near the Bamboo Hut East Restaurant. Lexington The Board agreed to discuss the matter when a plan of the area is submitted showing the exact location of the taxi stand. Chairman Cataldo .read a report from the Traffic Committee stating that the following matters referred to the Traffic Committee are under study or in preparation I . Traffic Signal at Worthen Road and Waltham Street. 2 Lillian Road traffic near Anthony Road 3. Prospect Hill Road traffic. 4 Survey of bus stops, mail boxes and taxi stands in the Center Some of the above require traffic counts or other specific deter- mination as to whether state warrants are met for the requested action As Engineering Department (in some instances the Police Department) per- sonnel becomes available for these assignments, the studies will be completed and recommendations submitted 114 Chairman Cataldo read a memorandum from the Acting Superintendent of Public Works regarding the demolition and site clearance of the Harrington House. Four bids were received, as follows! Jay-Mor Construction, Pelham, N.H - $2,288, James G Grant Co , Inc , Reedville, Mass - $3,800; Def lice Brothers Corp , Lexington, Massa- chusetts - $3,900; Duane Corporation, Dorchester, Massachusetts $8,900. Mr McSweeney recommended that the contract be awarded to the Harrington low bidder, Jay-Mor Construction, Pelham„New Hampshire, in the House amount of $2,288. Demolition Mr Legro Has Jay-Mor Construction filed the necessary papers with the Secretary of State? Chairman Cataldo He has an office out of Newton, Massachusetts; he is not a corporation and the information he gave was that he 'iwas registered Mr McSweeney He is doing business in Boston and Lowell. Mr Legro That is not the question. Chairman Cataldo We asked him and he said yes; all we can ask him to do is fulfill the necessary requirements Upon motion duly made and seconded, it was voted to award the contract for the demolition and site clearance of the Harrington House, 1884 Massachusetts Avenue, Lexington, to Jay-Mor Construction, 128 South Shore Drive, Pelham, New Hampshire, in the amount of $2,288. Chairman Cataldo read a memorandum from the Town Engineer regard- ing the Housing. Authority land off Waltham Street, recommending that a meeting be arranged with the Housing Authority's Surveyor with the Housing intent of reviewing the entire parcel of land to be subdivided, In- Authority cluding the land to be conveyed- to the Arts and Crafts Society; this Vinebrook would be helpful in determining if this parcel is the land which the Town intends to convey to the Housing Authority under Article 99 of the 1970 Annual Town Warrant Upon motion duly made and seconded, it was voted to instruct the Town Engineer to set up a meeting with the Housing Authority' s Sur- veyor to resolve the matter. Chairman Cataldo informed the Board that a petition has been received from the New England Telephone Company for permission for Manhole four manhole locations on Massachusetts Avenue, Waltham Street, Locations Spring Street and Parker Street Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following manhole locations Massachusetts Avenue Four manhole locations to be built over existing conduit Waltham Street Three manhole locations to be built over existing conduit. Spring Street Two manhole locations to be built over existing conduit Parker Street One manhole location to be built over existing conduit 115 Chairman Cataldo informed the Board that the Town Engineer has submitted copies of a contract for Survey Services for Lowell Street- Engineering Woburn Street School site with Barnes Engineering Company Service Upon motion duly made and seconded, it was voted to sign the Woburn St contract with Barnes. Engineering Company for Survey Services for the School' Lowell Street-Woburn Street School Site, subject to the approval of Site Town Counsel . Chairman Cataldo informed the rd that Dr Robinson has written a letter asking for a meeting Dr Robinson is affiliated with a half-way house, to rehabilitate detoxified drug addicts, on the Drugs grounds of the Middlesex County Hospital . The Board agreed that the Chairman is to arrange a meeting with Dr. Robinson and the Board Chairman Cataldo informed the Board that a letter has been re- ceived from Dr Fredric S. Cohen, 27 Saddle Club Road stating that he would suffer damages as a result of an order of taking on his lot at Saddle Club Road. A report has been received from the Town Engineer regarding the easement through Dr. Cohen's property and it is the intent to abandon that portion of the easement between Grant Street and Saddle Club 1972 Town Road. The sewer will be installed in Todd Road which parallels the Meeting easement. Article Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1972 Annual Town Meeting for the abandonment of the sewer easement through the property of Dr Fredric S Cohen, 27 Saddle Club Road. The Board agreed to so inform Dr Cohen. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person After discussion of matters of land acqudsition, the Board voted to go out of Executive Session The Board of Selectmen discussed a written complaint received re- garding a German Shepherd dog named, Major, owned by Mr Jesse McDade, 39 Middleby Road, Lexington The complaint alleges that this dog has McDade Dog disturbed the residents on Middleby Road with constant barking, howl- ing and whining at all hours of the day and night. Upon motion duly made and seconded, in conformance with General Laws, Chapter 140, Section 157, the Board voted to hold a hearing on November 15, 1971 at 8 00 p.m to hear the complaint of the peti- tioners Chairman Cataldo informed the Board that a letter has been re- DPW calved from Howard V Doyle, President of the American Federation Contract I f1_6 of State, County and Municipal Employees, Local No 1703, notifying the Board that the Union desires to enter into negotiations for the purpose of extending the collective bargaining agreement presently in effect and proposing amendments and changes thereto Mr. Doyle requests a meeting to discuss the proposals submitted by the Union The Board agreed that Chairman Cataldo is to set up a meeting on negotiating the contract Upon motion duly made and seconded, it was voted to adjourn at 10.50 p.m A true record, Attest •1. ecutive Clerk, Selectmen 1 I 117 SELECTMEN'S MEETING November 8, 1971 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, November 8, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riff in; Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; and Mrs McCurdy, Executive Clerk, were present. At the request of the Town Clerk, two jurors were drawn as follows Richard M Masters I Burns Road Jurors Joseph E. O'Donoghue, Jr 167 Burlington St Mr Legro discussed the deed to convey the land off Waltham Street, 4 40 acres, to the Housing Authority for $1 .00. There is some concern of the Housing Authority' s taking of the Hastings property which ex- Housing tended to the center of Waltham Street back to the Town of Lexington. Authority Upon motion duly made and seconded, the Board voted to sign- the deed to convey the Town land, 4 40 acres, to the Housing Authority for $1 .00, subject to Town Counsel working out this situation with the Attorney for the Housing Authority Mr O'Connell recommended that the Board appoint Mr Roland B 1975 Greeley a member of the 1975 Celebrations Committee for Planning and Celebra- Facilities tion Upon motion duly made and seconded, it was Voted to appoint Mr Appt Roland B. Greeley a member of the 1975 Celebrations Committee Mr O'Connell informed the Board that he had received a report from the Comptroller comparing actual charges to the Town from the State _in comparison with the Cherry Sheet, $4,271 .62 less than the Cherry Cherry Sheet estimate We are $751,000 vs $755,000 on the Cherry Sheet Sheet estimate $1, 187 for Air Pollution Control was not on the Cherry Sheet Chairman Cataldo read a request from Mrs George P. Morey, 90 North Hancock Street, to again defer payment of street betterment assessment on her Blake Road property in the amount of $1 ,250. Pre- vious defermehts were granted on November 9, 1965 and October 29, 1968 Morey Upon motion duly made and seconded, it was voted to defer payment Street under the provisions of Chapter 159 of the Acts of 1950 of the street Betterment betterment assessment levied against property located on Blake Road Deferment owned by Mrs George P. Morey, 90 North Hancock Street, in the amount of $1,250, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this ex- Ill tension of time shall terminate immediately if said land or any portion thereof is built upon or sold 118 Chairman Cataldo read a petition from the Boston Edison Company and the New England Telephone Company for the relocation of a pole on Bow Pole Street. Location Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following location Bow Street, southeasterly side, approximately 279 feet southwest of Melrose Avenue - One ( I) pole. (One existing JO pole to be removed The Board discussed the Air Pollution Committee According to a notice received from the committee, a concept is beginning for the formation of a broad based group similar to the Commission on Suburban Responsibility, and this group could be formed either by the Board of Selectmen or Town Meeting. A long list of Town Government and Citizen Organization groups was submitted for consideration of representation on this committee. Chairman Cataldo asked if there is any feeling of the Board. mem- Air bers to support the present committee as it is established now? Pollution Mr Bailey I would have no objection to disbanding the Air Pollution Committee as we know it but to have something like an envir- onmental protection group, as they propose it, would have 15 or 20 members and it puts the Board in the position of creating another , large committee Mr' Kenney I wanted to get the feeling of the Board. Perhaps 111 that committee could be formed reasonably. They did advise and aid the Board when we were attempting leaf burning on our own. The pro- posed intent would go far beyond air pollution and would be an ' environmental protection group I called Stanley Brown to see if the Conservation Commission, through a subcommittee, could handle it and how he felt about the proposed areas, such as drainage, that are being handled now by the Conservation Commission. Mr Bailey Technically, the responsibilities in environment go beyond what Conservation is equipped to handle. When the Bommitse was originally constituted, it was a good compact working group.. If you want to put together an environmental protection committee and do it on somewhat the same basis. Chairman Cataldo What do you see this committee doing? Mr. Kenney I disagree with Mr Bailey Conservation could handle - specifically, in fact, they do now - water pollution and drainage disturbance, and if they were to have a subcommittee to pick up other areas The effectiveness of any committee is combat- ing air pollution, now with the ban on burning, would be in the form of education. I am saying if you. have a separate committee and give these items in areas of drainage and water pollution, they would be duplicated Noise pollution and water pollution I don't think would have any effect Mr Bailey How about deleting the Board of Selectmen, Police and Fire Department representatives and Board. of Health. I would have no objection if it is going to be this way but keep it small . 119 III Chairman Cataldo I think we should approach it the other way. Find out what they have in mind and discuss it. If the Conservation Commission assumes more responsibility, and if you wanted to get some- thing done, they say they are overworked now, and to add scathing else, If you think there is a real problem, then that is not the way to do it, in my opinion. Mrs Riff in The Committee is going to meet on November 18 and we could get something from them; we need something to help us with envi- ronmental protection, to be aware of the problems of pollution. The Board agreed that Mr Kenney is to attend the meeting of the Committee on Air Pollution and discuss the matter and report back to the Board. Chairman Cataldo read a request from Dr Sandor Blum for the exten- sion of the sewer on Washington Street to service Lot No 9 Washington Street Chairman Cataldo We have said in the past to those requesting Blum sewer extensions, if the sewer were constructed under the specifications Sewer of the Town Engineer and under the supervision of the Town, we would Washington allow it The Town Engineer has submitted a report on the requirements Street to be met. After discussion, the Board agreed to discuss the matter after Town Counsel submits his recommendations on the list of requirements to be met. Chairman Cataldo read a request from Sheraton Motor Inn for an ex- tension of hours on the Innholder' s Liquor License to 1 00 a.m. on New Year's eve Sheraton Upon motion duly made and seconded, it was tooted to grant the re- Motor quest of the Sheraton Motor Inn to extend the hours of operation under Inn the Innholder's Liquor License to 100 a.m on New Year' s Eve in the Dining Room (Dunfey's Tavern), Tavern Lounge, one Main Ballroom and the adjacent Cracker Barrel Lounge. The Board discussed a letter received from the Brookline Board of Selectmen regarding the gas tax initiative petition drive Brook- line has declared the weekend of November 12-14 as "Public Transport- ation Weekend" and has mobilized to solicit signatures throughout the town, and asks our support in this drive Gas Tax Mrs. Riff in The League of Women Voters is helping Rep Cole collect signatures on petitions throughout the Town Upon motion duly made and seconded, it was voted to support the concept of using gas tax money for public transportation and desig- nates the weekend of November 12- 14, 1971 as "Public Transportation Weekend" and to urge all citizens of Lexington to sign one of the petitions being circulated throughout the Town The Board discussed the recommendation of the Traffic Committee E Lex for a 3-cab taxi stand on Massachusetts Avenue near the Bamboo Hut Taxi Stand I 120 The Board agreed that the proposed location was too close to the intersection of Charles Street and Massachusetts Avenue, and to re- quest the Traffic Committee to submit a plan locating the stand up Massachusetts Avenue beyond the intersection. Upon motion duly made and seconded, it was voted to request the Traffic Committee to submit a new plan of the location of the 3-cab taxi stand on Massachusetts Avenue The Board discussed a report free the Traffic Committee regarding Lillian Road A petition had been received from the residents of Lillian Road regarding high speed traffic and the possibilities of Traffic signs, use of radar, use of bumps, or sidewalks to alleviate the prob- Lillian lem as many school children must use the road when walking to and from Road the bus stops The Traffic Committee reports that bumps are not a legal device in this state and signs are ineffective. The Chief of Police has agreed to place emphasis on the enforcement of traffic regulatlens in this location, in addition, we are looking mato the desirability of installing• a sidewalk in this area and shall report our recommenda- tions to you in the near future. Mr. Buss Even though signs are ineffective, I think some signs should be put there for the satisfaction Of the neighborhood as there are many young children in the area Mr Kenney Are there any regulatory signs there now? Mr. Buss None, not even intersections signs. I would suggest "Slow" or "Children" signs on Lillian Road. Upon motion duly made and seconded, it was voted to inform the Traffic Committee that the Board recommends that signs be located on Lillian Road and requests that the Traffic Committee recommend what signs would be appropriate The Board discussed a report from the Traffic Committee regard- ing Eldred Street at Bedford Street, a letter had been received by the Board from Dr Vinger stating that a traffic light or a patrolman is necessary at the corner of Eldred Street and Bedford Street during 7 30 a.m. to 9 00 a.m. The Traffic Committee report states that this traffic problem Traffic has been studied in great detail and the Selectmen and Traffic Com- Eldred St mittee are both very familiar with the conditions. It is our opinion, based on a thorough study, that the installation of a traffic signal will not provide a solution to this traffic problem. We believe that relief can be obtained by a redesign of the Hartwell Avenue-Bedford Street junction and by providing a street connection at that location as an alternative to Eldred Street This recommendation has been made in conjunction with land development proposals in the area, most recently in connection with Hadley Road extension. Traffic problems at Eldred Street junction are similar to the conditions at other collector street junctions with Bedford Street In the absence of alternate arterial streets, traffic is forced to use Bedford Street and its volume results in conditions which cannot be eliminated through signalization or other regulatory measures 121 Chairman Cataldo There are probably five areas here of the same priority If you were going to put a police officer there, he is really secondaryrlwhen he is at Eldred Street; how does he know what is happen- ing at the ramp at Route 128? As we have said before, our surveys show that the only people coming out of Eldred Street are going to Lexington Center and they should be going out the back way to Grove Street Mr. Kenney That would be going too far out of their way to the Center. Chairman Cataldo I don't see any solution Upon motion duly made and seconded, it was voted to send Dr Vinger a copy of the Traffic Committee report The Board discussed a report from the Traffic Committee regarding a petition that had been received from the residents of the Worthen Road area for approval of a traffic control signal at the intersection of Traffic Waltham Street and Worthen Road The report states that studies by the Worthen- Engineering Department indicate that this intersection does not, at this Waltham time, meet state warrants for a traffic signal. The Traffic Committee Inter- agrees with this finding, which is based on a detailed analysis of section traffic counts and turning movements at this intersection, and recommends that no action be, taken on the petition until changed traffic conditions warrant a review of the situation Upon motion duly made and seconded, it was voted to accept the rendation of the Traffic Committee that no action be taken at this time on the intersection of Worthen Road and Waltham Street, and to so inforls the petitioners. The Board discussed a report from the Traffic Committee regarding a petition that had; been received from the residents of Prospect Hill Road for enforcement of the speed limit and the posting of a speed limit sign reading 25 mph near Marrett Road and/or a sign reading "Watch for Children." The report states that speed limits are governed by state regula- tions and a speed limit of less than 30 mph cannot be approved unless Traffic specific warrants are met, which is not the'case here We are con- Prospect vinced that signs, such as "Watch for Children" are not effective and Hill Road may be harmful by providing a false sense of security The Chief of Police has agreed to enforce the traffic regulations including the use of radar to check speeding We further recommend that considera- tion be given to the inclusion of Prospect Hill Road on the list of sidewalks to be built. The relative priority of this location will' need to be determined in relation to other sidewalks. required. Upon motion duly made and seconded, rt was voted to accept the recoMnendations of the Traffic Committee regarding Prospect Hill Road, and to so inform the petitioners. Chairman Cataldo said that Mr Peter Roudebush of the Boston Boston Transportation Planning Review sent us a letter asking for our com- Trans meets and submitting a map illustrating the major transportation Planning related problems discussed at the meeting held on October 5 with Review 122 representatives of the Town and the Boston Transportation Review repre- sentatives We asked the Traffic Committee for its comments and a report has been received stating that BTPR representatives4.hav,c not been able to state specifically what their mandate is. It is our im- pression that the aim of the BTPR can be stated as "determining transportation problems within the area bounded by Route 128 and recommending policies for their resolution " The map distributed as a result of the October 5 meeting illustrates the difficulty of deal- ing with this very broad and vague approach in the absence of any stated criteria or limits The identification of problems by indi- viduals, mostly laymen, represents many different and, at times, contradictory viewpoints and cannot, therefore, serve as a sound basis for decisions The Traffic Committee is of the opinion that, At this time, the Boston Transportation Planning Review has not transmitted to us anything of substance which permits or requires comment We shall be glad to review and submit to you our comments on any specific 'find- ings or proposal the BTPR may make in the future The Board agreed to accept the report of the Traffic Committee on the inadequacies and lack of purpose of the Boston Transportation Planning Review The Board discussed the proposal submitted by the League of Women Voters for a recycling center at the Hartwell Avenue landfill . Mr O'Connell We had discussions with the League of Women Voters and their long range plans can only be dealt with as part of our budget On the short range part, something can be done on how we can better collect newspapers The contractor is not doing a good job and perhaps we could add a trailer If the Board chooses to consider the possi- Hartwell bility that the League of Women Voters go forward, the Board might Recycling wish to make available the $3 00 a ton the Town is getting to go toward the cost of collecting and recycling The Board voted origin- ally for it to go into E & D because the Town set up the contract with the contractor and it was the logical place to go Mrs Riff in How many tons would there be estimated in a week? Mr O'Connell There is a potential of about 40 to 150 tons a week, which would go a long way towards the ,hauling cost Until we get into costs, I don't see the Town purchasing equipment now. Chairman Cataldo I would recommend that we get a 40-yard dumpster and, regardless of the market, keep it empty when it gets filled. We can do it with one unit if we do it twice a week. if we have a contract at a set price, it would be done as often as we want Mrs Riff in I can't speak for the League of Women Voters bat I think they would be happier if the Town assumes the responsibility. The Board agreed that Mr O'Connell is to come back to the Board with a figure on the cost of a dumpster at the Hartwell Avenue land- fill Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person. 123 After discussion of matters of financial interest to the Town and employment at the aew. Junior High School site, it was voted to go out of Executive Session and resume the open meeting. The Board discussed requests received for abatements of sidewalk betterment assessments Mazyck Upon motion duly made and seconded, it was voted to deny the re- Assessment quest of James F. Mazyck, 38 Reed Street, for the abatement of the sidewalk betterment assessment of $93 40 for Lot No. II Vaille Avenue. Upon motion duly made and seconded, it was voted to deny the re- quest of Thomas P Damm, 40 Reed Street, for the abatement of sidewalk Damm betterment assessment of $23 for Lot No IOA Vaille Avenue. Assessment Upon motion duly made and seconded; it was voted to adjourn at 9 45 p.m. A true record, Attest Executive Clerk, Selectmen I 124 SELECTMEN'S MEETING November 15, 1971 A regular meeting of the Board of Selectmen was held in the Swlect- men's Room, Town Office Building, On Modday evening, November 15, 1971, at 7 30 p.m. Chairman Cataldd, Messrs Kenney, Bailey and Buse, and Mrs Riff in; Mr Legro, Town Counsel; Mr O'Connell, Town Manager; and Mrs McCurdy, Executive Clerk, were present At the request of the Torin Clerk, four jurors were drawn, as follows Jurors Thomas E. Osborn 37 Webster Road Jacob M Shapiro 5 Thoreau Road Fred L Niemann II Diamond Road Thomas E Bingay 18 Locust Avenue Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduits on Waltham Street Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr. Dunn, representing the New England Telephone Company, was present Mr. Dunn said that at the present time, we are exhausted on conduit ducts and we plan to install this conduit to take care of the extended growth in this area Chairman Catalda read a report from Mr McSweeney, Town Engineer, Conduit- stating that he and Mr. Coscia had reviewed the proposed underground Waltham conduit on Waltham Street with Mr Mirley, Project Engineer for the Street N.E T & T Company This installation has been programmed for the spring of 1972 but because of the resurfacing of Waltham Street, we tried working with the Telephone Company to interest them in up- dating their construction schedule for this past summer, due to the estimated high cost of construction, it was found to be unwarranted It was agreed that the Town would go ahead with the resurfacing pro- gram and when the N.E T & T Co constructed this project, they would cut the pavement from curb to curb and resurface the entire width which would be determined upon completion. This proposal meets with our approval . No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the New England Telephone Com- pany I 125 Waltham Street Southeasterly from Lexington C 0 approximately 19 ft underground conduit Southwesterly from the above, approximately 80 ft of underground conduit, also, one ( I) man- hole 54/21 Southeasterly, from above first paragraph approx- imately 71 ft of underground conduit Mr. Legro discussed the land to be conveyed to the Lexington Arts and Crafts Society The Society is going to have a plan prepared and would like to get an indication from the Board as to what land is to be conveyed Counsel for the Society is anxious to have the land from the Hastings conveyed at the same time Chairman Cataldo Are you completely squared away with the Housing Authority at this time? Mr Legro No; I think the Housing Authority understands what has to be done to correct the order of taking Chairman Cataldo When do they think they will have it corrected? Arts and Mr Legro T talked with them last Thursday or Friday and they Crafts want to do it immediately. I recommended that a deed be prepared for approval and I would like to see the authority to do it Chairman Cataldo We supported your position. I would assume the Board's position is as it was at Town Meeting to convey the property and the plan to convey be exactly the same as at Town Meeting Mr Legro I have a recollection of restrictions. Chairman Cataldo The restrictions were that it would not be built upon or used for parking, we would not pave it for parking Mr. Legro Would you permit them to pave it? Chairman Cataldo No Mr. Legro Until when? Chairman Cataldo I think at all times, forever. They can be building here as the Housing Authority would if they owned it. Mr. Legro Why don't' I prepare a deed and we can tell absolutely when a final plan is prepared All counsel for the Society wants is, that the Selectmen are going to convey, and this is what is going to be conveyed. I will inform him to get the plan prepared. Mr O'Connell informed the Board that he had two requests for transfers. The Comptroller requests a transfer of $1,500 to Account No. 2940, metered mail . We have consolidated virtually all of the postage accounts. When the money was budgeted last February, it was done on the basis of the postage rates and there was a 331 percent Transfers increase last May. There is less than $600 balance left on the meter and we have been averaging $900 a month We budgeted $7,300 a year and there has been an increase in the volume of mail and the postage rates, and we have been absorbing the Senior Citizens' mail . We think the total cost will run pretty close to $8,800. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve 111 Fund to Account No 2940 in the amount of $ 1 ,500. 126 A request has been received from the Collector of Taxes for a transfer of $150 to Account No. 2700 for window envelopes and lien forms. We underestimated the volume of demand notices that would Transfer be required by the Collector of Taxes Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to Account No. 2700 in the amount of $150. Mr O'Connell informed the Board that he had received from the City of Waltham the contract they would like to have signed undbr the Emergency Employment Act as sub-agent for the Town of Lexington. I have submitted it to Town Counsel for review. Chairman Cataldo Where does it sit now as far as money? Mr. O'Connell The money is available and we are in the stages of the money being put to other uses, it is for a Management Systems Analyst and a radio man and a clerk. If we do not hire them, we would have an opportunity to ask the state to shift to one of the other jobs on the original list. Mr Legro It appears to be a contract between Waltham and Lexington but most of the agreements seem to affect the federal government. As I read this agreement, I don't think the Town is ready to fill the obligations. Mr O'Connell They are hoping the Town would give maximum con- Emergency sideration of trying to fill, but there is no legal obligation to do Employment so. Act Chairman Cataldo If we sign it as a contractural agreement, how can you take the position there is no legal requirement to do so? Are you saying if the person is not qualified, not to fill it? Mr O'Connell This is Mr. Hodgton's interpretation and if we can't do it, we can't do it; it is a matter of judgment on our part and the needs Mr Legro There is no right to determination on the part of the Town Chairman Cataldo Who drew this agreement? Mr O'Connell That is the language the federal government has drawn Chairman Cataldo We would do the same as we did with the Air Force Contract and strike the sections we don't agree with and in- sert parts of it, such as a termination clause Mr Legro The secretary has the right to terminate for non- compliance to the Town but I found nothing for Lexington or Waltham to terminate. This appears to be an agreement between Lexington and Waltham. Chairman Cataldo The Waltham agency is to speak, for us. Mrs Riff in This is an affiliation agreement between Lwerngton and Waltham; is there another agreement? Mr. O'Connell There is a. contract between the city and the state; this is with each of the five towns they represent in the area.. Mrs. Riff in Maybe we should ask for the one that can affect us. I 127 Mr. Legro There are several questions of a minor nature. I can't imagine any contract that doesn't give the right to terminate. Mr. Buse is there anything in the contract giving the right to state his qualifications? Mr. O'Connell That is stated in the administrative proceedings. Mr Busa Is there anything expressed on the right to Arbitra- tion Board? Mr O'Connell That is a local decision. Chairman Cataldo When is this program over? Mr O'Connell It runs for two years; the Act is written starting around September I I would have to raise these questions with the State; the City of Waltham has no right to alter this agreement. If the Board would like me to explore• these areas of objection, I will do so. The Board agreed that Mr O'Connell is to get information on the questions raised by Town Counsel and the Board and report back. Chairman Cataldo read a notice from Secretary of State Davoren regarding Paul Costello and Robert W Connelly who have applied for a Cert of Certificate of Incorporation. lncorp Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Paul Costello 65 Taft Avenue "Servers of the Great Ones, Inc " Robert W Connelly 87 Simonds Road "Sengekontacket Community Corporation" Chairman Cataldo read a memo from the Traffic Committee enclosing the proper language to be used for an amendment to the Traffic Rules and Orders for the elimination of the taxicab stand opposite Town Taxicab Offices. Stand Chairman Cataldo This is a recommendation for abolishing the Mass Ave taxicab stand at Wallis Court We are in the process of establishing Wallis Ct a taxicab stand in East Lexington Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted by the Board of Selectmen Novem- ber 13, 1967 are hereby amended as follows By deleting from Article V, Section 4, Schedule No. 3, the following Location Side From To Mass. Avenue South Wallis Court 50' Westerly Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on October 12, November I and Minutes November 8, 1971 . 128 The Board discussed a letter from the Chairman of TMMA Land Use Committee regarding a meeting to be held on December I, at 8 00 p.m. TMPIA Land in the Science Lecture Hall of the High School A tentative agenda Use Meeting was enclosed and the Selectmen were asked to participate in the discussion of The Town' s Philosophy on Recreation, and the Econo- mics of a Recreation Program in the Town. The Board agreed to consider the topics and discuss the matter further at a later meeting. Chairman Cataldo read a letter of appreciation from Mrs. Phyllis R Steiner of 22 Estabrook Road for our prompt response to her letter concerning the unsafe traffic conditions for children having to cross School Street to the Maria Hastings School. She asked to be notified School of any and all meetings wherein the matter of the possibility of a Street crossing guard and construction of a sidewalk on School Street from I Sidewalk Eastern Avenue to Stimson Avenue will be discussed Chairman Cataldo We have received a report from the Town Engi- neer giving an estimate of $9,000 to construct a sidewalk on School Street between Eastern Avenue and Stimson Avenue The report states that this figure has been added to the 1972 sidewalk budget The Board agreed to inform Mrs Steiner that she will be noti- fied of any meeting held to discuss the sidewalk on School Street The Board also agreed to refer the matter to the Traffic Committee for a priority evaluation. Hearing was declared open upon petition of residents of Middleby Road, regarding a German Shepherd dog owned by Mr Jesse McDade of 39 Middleby Road. Present were the Board of Selectmen, Town Counsel, Town Manager, Health Director, Dog Officer, the petitioners bf Middleby Road and Mr. and Mrs Jesse McDade Chairman Cataldo A written petition dated July 30, 1971, was McDade submitted with a later petition dated October 9, 1971 ; both were re- Dog ceived on October 12, 1971 The July 30 petition is as follows Hearing "We, the undersigned residents of Middleby Road, would appreci- ate it if the leash law administrator would request a hearing on a barking dog owned by Genevieve and Jesse McDade at 39 Middleby goad." This dog has disturbed the residents on Middleby Road with con- stant barking, howling and whining at all hours of the day and night This disturbance has existed since June 13, 1971 We would be very grateful if the town would take any action necessary to eliminate this problem The evidence of this barking dog will be supplied by Frank Belcastro, the dog officer Mr. and Mrs Alexander M Nahigian Mr and Mrs Saul C. Adamsky Mr. and Mrs Lewis T Rubin Mr. and Mrs Edward Brodie Mr George Medeiros Mr. and Mrs Joel S Barber Mr and Mrs Harley N. Hansen Jane H Davis Mr and Mrs. William F Ash I 129 This addendum to the attached petition to the Board of Health dated July 30, 1971 is enclosed to explain the late filing Just prior to dispatching this petition, the dog in question was sent away from the McDade house It was away for approximately three weeks. It has recently returned with the consequent disturbance it presented before However, in addition to the barking disturbance ft poses a physical threat to the streets' residents. This afternoon the dog ran from its' property, across the street onto a neighbor' s lawn, and knocked a six year old child down in her own yard. Many weeks before this another neighbor's child was mauled by this same dog and the claw marks still remain. The dog chases bicycles and moving child- ren (as well as adults) . Since the Bridge School students must walk on the sidewalk in front of the McDade house, we feel the potential for a truly tragic happening should not be allowed to continue. For this reason, we are re-instating this petition This petetion is finally being submitted because the situation has truly become intolerable and dangerous. We are requesting the town to take action to protect the neighborhood residents from a vicious dog. Today, the McDade dog ran from its' yard across the street to another house, where two six year old children were standing in 'the driveway. The dog headed directly for the children and leaped at them. He was prevented from injuring them by the intervention of an adult (the father of one of the children) . The father charged at the dog with .a rock in his hand, giving the children time to run towards the safety of the house The dog leaped at the father, and did not retreat until he was celled by the owner. The two McDade daughters watched this episode from their yard and laughed They did not call the dog home until the police were mentioned We feel that the street is no longer safe for children or adults. We feel that the owners of this dog are using the dog as a weapon against residents of the street Children can no longer walk freely, or ride bicycles, or play outside on their property without fear of this dog attacking them A serious tragedy was averted today because an adult was present to protect the children We request the Town to take whatever action necessary to protect us from this terrible threat to our safety The Residents of Middleby Road Chairman Cataldo The statute plainly cites that when a peti- tion or a complaint is made in writing to the Board, the Board has the responsibility of making an investigation of the petition. Investiga- tion will be made of people under oath The Board will then come up wt•th its findings. Those who are to give testimony, please rise and swear that the testimony you are about to give is the whole truth, and nothing but the truth. The petitioners rose and took the oath. Chairman Cataldo Does Mr McDade have any comments to the Board regarding the petition? Mr. McDade; The first thing I think you should know by what has been said, in the letter I received, nothing was mentioned about a vicious dog; it only said barking, whining and those kinds of things I was- not aware that these other charges were raised and would be happy to answer 130 Chairman Cataldo The purpose of the letter was to inform you there would be a hearing On what counts a final decision is made is another matter Mr McDade Since it is my dog that has been charged, I would like to hear what supposedly transpired There were some statements there that were incredible What do we have the dog for? They state it is a menace to the neighborhood and I would like to hear exactlf what the complainant has to say, since he brought the charge I would like to hear what transpired Mr Louis Rubin I have the feeling Mr McDade is referriney directing his questions to me. Chairman Cataldo You heard me read the petition; is there any- thing beyond this, as I have read it, you would like me to know? Is the dog vicious? Mr McDade I have no way of knowing whether he is vicious, he hasn't bitten my children Chairman Cataldo Are the parents of the child here? Mr Rubin No, they said they would be. It seems to me the dog is being used as a weapon, particularly by the two older McDade children, They are very callous and inconsiderate with the dog They parade the dog around with or without a leash in an intimidating fashion. I have a twelve year old. daughter who was waiting in front of the brown house across from the McDade' s house for her brother +o come from school and the oldest McDade daughter asked what she wee doing there and said "You better not wait there because I don't know if I can hold the dog in check " This was shortly around the time my daughter and a neighbor's daughter were leaving my house Chafrman Cataldo Was this the same day? Mr Rubin I think so. Chairman Cataldo Did it bite her? Mr Rubin:, 1 happened to be home waiting on the breezeway be- cause I felt insecure with the little, children around and I charged the dog with a rock; the McDade girls laughed and I yelled to my wife to call the police, and then they called the dog back Chairman Cataldo Were there any other things that were not proper? Mr Rubin The dog ran across the street and knocked my daughter over She ran back into the house and went into bed and pulled the covers up. , The neighbors called and told us what had happened Chairman Cataldo To your knowledge has the dog ever bitten any- one? Mr Rubin Not to my knowledge Mr McDade This has a long history, beginning the first day moved in, in June of 1971 Initially, it wasn't the dog, it was simply our presence. The first day we were given instructions on how to behave on that street, that we were very priviledged to be there, and we were told by the wife of the gentleman who sits there (Mr Rubin) She said to my wife that my children had arisen at 7 00 and her children didn't get up until 8 00 and neither did her family nor the people on Middleby Road and they would appreciate it if they didn't come 'out of 131_ 1_ doors till her family got up The next thing was thd We tied the og dog to a tree in the back of the house, a dog will bark when making adjustments to moving and Mr Rubin paid me a visit and said the dog was annoying and I said I understand that and hoped he would make an adjustment. didn't Mr. Rubin said his wife didn t like dogs and he would have a dog if she did Mr Rubin made a suggestion and I followed it, that I put the dog in the basement and the sound would be muted and he wouldn't hear it. I did, and because the dog has adjusted, he no longer barks the way he barked when he came. As to the viciousness of the dog, he is not a vicious dog, although most of the time we have him on a leash. He is a fairly large dog and if, in fact, he did jump upon you, his weight would push you back. To my knowledge, he never jumped upon anyone except the boy next door His Is a large dog and his claws have not been clipped and when the dog came down, there was a scratch He did not attack and is not vicious People may be traumatized, as 1 am with a large dog. Chairman Cataldo You are saying the dog is not vicious and not barking any longer and not disturbing the neighborhood in any sense. Does anyone else wish to make comments? Mr Rubin I don't think it worthwhile to answer; he distorted a lot of what he said It is not true that my wife does not like dogs and I didn't say it I said she doesn't want a dog because of the inconvenience. I felt that several weeks after the McDades moved in was a reasonable time for the dog to be acclimated and we spoke for several hours. The oldest one said quite frequently she is trying to make the dog vicious for protection Furthermore, the business about the children getting up at 7 00, I don't know what my wife said but I believe she was trying to say the children can do what they want, but the windows are open. Chairman Cataldo Remarks should be confined to the dog. Mr Rubin This colors the whole outlook. Chairman Cataldo We don't want to get into the personal prob- lems of any situation. Mr Rubin I feel the statement made about trying to make the dog a little bit vicious is appropriate. Chairman Cataldo It is. Do you have any knowledge of any acts of viciousness of the dog? Mr Rubin No, but can only say it appears to be an intimidating atmosphere Mr Heustis I would like the record of Mr. Belcastro's investi- gation of complaints, received at our office, to become part of the hearing Chairman Cataldo They will be, at the appropriate time. Does anyone else wish to comment? Mr and Mrs. Nahigian, 31 Middleby Road, and Mrs. Rubin were late in arriving and Chairman Cataldo asked them to repeat the oath. Mr Nahigian When I walked in, Mr McDade was talking about how his dog had gouged my son and my only complaint I found is the dog' s constant barking 1 am not saying vicious When it barks, it barks from morning till night 132 Chairman Cataldo Are you saying the complaint you are maki-ffg-its strictly barking? You have no knowledge of the dog being vicious in any way? Mr. Nahigian No. Mrs Nahigian The only time any effort was made to quiet the dog was when I called Mr. Belcastro. Chairman Cataldo As far as you are concerned, is the dig still a nuisance/ Mrs Nahigian Occasionally. Chairman Cataldo to Mr. Belcastro, Dog Officer I have received your report MC DADE DOG Owner Jessie McDade 39 Middleby Road, Lexington, Mass. Frank Belcastro, Dog 'O t1eer received the following calls and complaints on the above mentioned dog June 19, 971 Phone Call Barking dog June 24, 971 Phone Call Barking dog 5 30 A.M. July 11, 971 Phone Call Barking dog 6 30 A M July 12, 971 Phone Call Barking dog July 13, 971 Phone Call Barking dog July 13, 971 Phone Call Barking dog July 13, 971 Phohe Call Barking dog Investigation Kit quiet July 15, 971 Checked McDade dog Middleby Road at 6 30, 7 0D and 8 00 AA - All quiet July 22, 971 Complaint Barking dog Checked at 7 30 A.M. All quiet July 23, 971 Phone Call Barking dog 7:00, 8 00, 8 05 8 15 A.M Told Mrs McDade I would take her to court next time 1 found dog barking July 26, 6971 Phone Call Barking dog 1 30 A.M July 28, 1971 Phone Call Barking dog 8 30, 9 30 P.M. (From Mrs. Rubin) July 29, 1971 Phone Call Barking dog 11 30 P.M. (From Mrs Rubin) July 30, 1971 Phone Call Barking dog Aug I, 1971 Phone Call Barking dog 2 complaints Aug 4, 1971 Phone Call Barking dog (FromMrsRubin) Aug 4, 1971 Phone Call Barking dog 8 30 P.M Aug 4, 1971 Phone Call Barking dog 9 00 P.M Aug 4, 1971 Phone Call Barking dog 10 30 P.M Aug 5, 1971 Phone Call Barking dog 7 15 P.M When arrived dog taken in 133 June 24, 1971 - Letter to Mr McDade regarding barking dog July 13, J971 - Letter to Mrs Jessie McDade regarding barking dog Aug 2, 1971 - Mr and Mrs McDade of 39 Middleby Road were in to the Health Office to speak to me. Mrs McDade said that while she was out this morning someone came to her house in a green station wagon The children let them in. They wanted to inspect the living conditions. The Health Office had no knowledge of this visit but investigation showed it was the S.P C.A August 1971 -+ Mrs. McDade was taken to court for an unlicensed dog and at that time was told the dog should not be a nuisance by barking Frank Belcastro By Dorothy Jones Health Dept Records Mr. Belcastro Every time 1 spoke to Mr McDade, he seemed to co- operate with me On August 5, I talked to Mr McDade, or his girl, and they hung up on me Cha•it'man Cataldo No complaints since August 5? Mr Belcastro The dog is harmless; he still barks a lot I haven't received any calls since then Chairman Cataldo This petition is dated October 9, Had there been any calls in the area around that time? Mr Belcastro None Mrs Nahigian We called the police in at midnight because there was so much racket. Mr. Nahigian We don't hear it now because it is the winter Next summer, it starts barking from 6;00 in the morning till midnight. We can't hoar it now. Chairman Cataldo In order to do something, we have to have con- crete evidence tonight that this dog is disturbing you. Mr Nahigian What you are saying is, why didn't ye have the hearing last summer? Chairman Cataldo There is no question we would have held it last summer but as we understand it, you want to try and work it out amongst yourselves and, come spring, at that point if the dog is a nwisance and awakening you at any hours of the night, we would take action to abate it. Mr. Nahigian A few mornings we heard the dog barking away in the garage but we couldn't hear him in the house because the windows were closed Mrs. Nahigian From 6 00 at night to 5 30 in the morning. Who wants reveille? Chairman Cataldo You heard the gentleman's position, do you admit this is the case? Mr McDade No, for one thing, he is not in the garage The other thing is, the dog barks because he is in the house, but when he 134 is with people he knows, he doesn't really bark - it comes out like any other dog. i don't think we can talk about what the dog will do next summer. To my knowledge, he may bark occasionally but not excessively, if he barked 25 times in a given 24 hour period. Mr Nahigian He barks. Mr McDade He does not bark except if someone comes to the door Mr Nahigian What about last Friday at 7'00 A.M., was anybody at the door? Mr. McDade I don't know; that is your contention. Mr Nahigian This dog is so annoying, do you hear that dog barking? Mr McDade He doesn't bark for any extended period of time. I would like for the Selectmen to come and hear the muted sound when he is in the basement. Mr Nahigian You are saying you don't hear it; you can't under- stand how that is possible. Mr Rubin: On some, I concur with what Mc McDade said The dog in the beginning was annoying and, speaking only for myself, the bark- ing doesn't bother me and, again, I have no evidence that the dog is vicious All I am saying is, I think this is the bulk of my worry - the two older McDade children who take care of the dog. They have no concern for people on the street I don't think the dog I0 a bad dog but in the hands of people in an intimidating fashion, it can be a bad thing. It is a ftightening thing when this dog runs from.his property to my property. I didn't call Mr. Belcastro because it was of no use Mr Nahigian They say the dog is playful . This dog gouged my' son' s back and they didn't have the decency to come over and say I am sorry. My son is scared of that dog Chairman Cataldo Any reoccurrences of this? Mr Nahigian My son won't even go near the dog Chairman Cataldo To your knowledge, were there any other child- ren in the neighborhood approached? Mrs Rubin Yes, Mrs Nahigian's boy saw the dog knock my son down; he did not actually bite him, he got him with his claws. My child was with the Barber child when the dog charged onto the prop- erty and ran directly for the children and if my husband hadn't charged the dog with a rock, if the• dog had actually gotten hold of the child, I don't know. Mr. Nahigian Since the end of the school year in June when the McDades moved in, my bedrooms are on the garage side and the childreh couldn't sleep. They weren't considerate and I had to send the children to my mother's. The only time anything was done was when we called Mr. Belcastro. I called the police one night. The only time they took care of it was when we told them we would call the police Mrs Rubin The barking did go on from June 13. Chairman Cataldo We would have been happy to have the hearing but we understood you were going to resolve it among yourselves. Mrs. Rubin We didn't ask for a hearing because we wantid to resolve it in a civilized manner I 135 } Mr McDade I would like to answer on the viciousness Chairman Cataldo No one Eaid this and the real complaint is the dog barking and this is what we should confine our remarks to; this is where we should put our conversation and the thrust of our thinking. Mr McDade The charge was made that nothing was done to allevi- ate the problem; I would suggest in controlling the dog, we sent it to obedience school and paid $75 for it Chairman Cataldo What they meant was the Board has done nothing to abate the nuisance. Mr McDade The other thing that is clear, most people are saying now there isn't any barking Chairman Cataldo I don't think they said that They said they don't hear the barking because the windows are closed. Mr. McDade Think about this - if he kept these people next door awake all day and night, we could hardjy sleep all night. Chairman Cataldo Although the dog is barking, you might not be awakened by the dog. Mr. McDade The fact of the matter is, I think I hear fairly Well . I am not immune to barking. If the dog is a nuisance and bark- ing continually, I would have done something about the dog I would have removed the dog. But my contention is, the kiog has not Since the earliest time we moved to Middleby Road, he has gradually decreased the barking except if someone comes on the property Chairman Cataldo Has the dog been licensed? Mr. McDade Yes, he has a tag Mr. Kenney You acknowledge that the dog barked excessively when you first moved in? Mr ,McDade Yes. Mr Kenney: And that has been abated? Mr. McDade Yes. Mr. Kenney And if it continued, you would remove the dog? Mr McDade Yes. Mr Kenney In warmer weather, if the dog does bark you would re- examine the position and you, being a fair-minded person, you would remove the dog from the neighborhood? Mr McDade Right. Mr Busa Does this dog still roam around unleashed? Mr McDade No, he is not ever unleased; he may be on my property without a leash but when he leaves my property on a public way, he is on a leash. Mr. Busa You are telling me now when the dog attacked the neigh- bor's children, when he goes to, a neighbor' s yard, he is on a leash? Mr. McDade Talking about going to a neighbor' s yard, that parti- cular incident I wasn't home In terms of this 9entleman' s daughter being knocked to the ground, that didn't happen. I was mowing the lawn and what happened was when people come by and see a very large dog they get leery and the child started running and the dog started after her and the dog got on the grass and the child fell and I said "Major" and he came back to the property He did not knock the child to the ground 136 and I heard the statement that day that Major had knocked the child to the ground and I am saying, for the most part, on out on our lawn, he may have been on a leash. When the child was on our driveway, he ran over to the child and scratched it coming down Mr Busa You are saying he does not roam Middleby Road? Mr McDade No, he doesn't Chairman Cataldo Are you people willing to take Mr. McDade at his word that if the dog is a nuisance and creating a nuisance, he would dispose of the dog? Mr Nahigian No, A famous thing they are good for is they leave Saturday or Sunday and they put the dog on a chain and that dog barks until they get home. We have called him constantly and we have gone away weekends because we can't stand the dog barking all day 'ono. Chairman Cataldo Does he bother you at this point? Mr Nahigian No. Chairman Cataldo We will leave it if this dog is a nuisance . Mr. Nahigian We call Mr. Belcastro and call the police. -Now, who do we call? Chairman Cataldo. Call me. As I see it, if Mr McDade says If this dog becomes a nuisance, he will abate. it. /If the case cowls and the situation is as bad as you say it is, I for one, will have to abate the nuisance. I am saying that at this time he is no real nuisance on Middleby Road. Mr Nahigian We can't get a hold of Mr Belcastro on weakends. Mrs. Rubin Going back to Mr Busa' s statement, the children on the street are disturbed by the dog; the dog is off the property, off the leash and chasing bicycles and children are in front of the house when the dog is on the lawn playing with the McDade children and the dog charges He is a potential danger and is not under good command or good discipline if allowed to charge at children. Chairman Cataldo Have you talked with Mr. Belcastro? Mrs Rubin He said to get a gun and shoot the dog. What about intimidating children on the street? I think this is an issue even if the barking has been resolved. Mr. Rubin It is all well and good to say if Mr McDade would abate the nuisance instead of the promise of abating the nuisance that his children would have more concern of other people when- they are in thepresenceof that dog This dog was purposely used Chairman Cataldo As far as you are concerned, the barking is secondary? Mr Rubin Yes Chairman Cataldo People are afraid to walk down the street and afraid of him attacking? Mr Rubin From the behavior of the 14 and 13 year old McDade girls, they have a callous disregard of anybody' s rights. The inci- dent where my daughter was knocked over was at variance with the description I got and (2) the second time the dog charged the chlld- ren,, l happened to be there and the older McDade children stood, there and laughed Chairman Cataldo Where is your property? 137 IIIMr. Rubin Diagonally across from them; the sidewalk is on the McDade side That dog is certainly not leased or never under control . Mr, Kenney to Mr McDade Did I hear you say if the dog is a nuisance, you would get rid of the dog2 Mr McDade I would if I were convinced the dog was a nuisance, but I would come to the Board if I didn't Chairman Cataldo declared the hearing closed The Board will discuss the matter and make a decision. Mr. and Mrs. McDade, the residents of Middleby Road, Mr Heustis, Health Director, and Mr Belcastro, Dog Officer retired from the meeting Later on in the meeting, the Board discussed the McDade dog hear- ing Upon motion duly made and seconded, the Board voted that no action be taken at this time but a letter is to be written to Mr McDade re- minding him of his statement at the hearing that should the dog again become a nuisance he would remove the dog Chairman Cataldo read a memorandum from Mr O'Connell stating that he believed it would be in the Town's best interest if we could have a Townwide management discussion at a meeting of the three nego- tiatiag teams from general government (Department of Public Works, Fringe Fire, Police) with representatives of the School Department to try Benefit for a uniform 1972 position regarding changes in fringe benefit poli- Meeting cies. The Board agreed that Mr O'Connell is to schedule a meeting with the negotiating teams and representatives of the School Depart- ment. Upon motion duly made and seconded, it was voted to go into Executive Sessi®n for the purpose of discussing, .deliberating or voting on matters which, If made public, might adversely affect the Executive public security, the financial interests of the Town or the repute- Session tion of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. Chairman Cataldo read a request from the Youth Employment Ser- vice of the High School for the use of the grounds in front of the Visitors' Center for an Arts and Crafts Sale on May 6, 1972 (rain Y E S date of May 13) from 8.00 a.m. to 5.00 p.m. Permit Upon motion duly , made and seconded, it was voted to grant per- mission to the Youth Employment Service of the High School to hold an Arts and Crafts Sale on the grounds in front of the Visitors' Center on May 6, 1972 from 8 00 a.m. to 5 00 p.m., subject to the conditions set forth by the Superintendent of Public Works 138 Chairman Cataldo read a request from the Town Engineer to sign a Notice of Notice of Intent to the Department of Natural Resources for the Wood Intent Street trunk sewer Wood St. Upon motion duly made and seconded, it was voted to authorize Trunk the Chairman to sign the Notice of Intent to the Department of DNR Natural Resources for the Wood Street trunk sewer Chairman Cataldo informed the Board that the Minuteman Reglaaal Vocational Technical School District has submitted a copy of a tenta- tive operating and maintenance budget for the fiscal year beginning Minuteman January I, 1972, Lexington' s share is 20.21 percent of a total budget Vocational of $84,000; $58,300, Fixed Charges-$4,700, Debt Service-$21,000 Budget 1972 Article Upon motion duly made and seconded, it was voted to insert,-.asa separate Article, the Town's share of the Minuteman Regional Voca- tional Technical School District operating and maintenance budget In the Warrant for the 1972 Annual Town Meeting Chairman Cataldo read a request from Dr. Davidson, President of Temple Emunah, to extend a public sewer connector to the property of Temple Emunah Temple Chairman Cataldo As you know, we have had this request before Emunah and this is a problem area as it is all ledge As 1 recall, it Sewer would be somewhere around $ 100,000. We should ask the Town Engineer Request for a projected cost Upon motion duly made and seconded, it was voted to request the Town Engineer to submit construction costs for a sewer connection to Temple Emunah Chairman Cataldo read a request from the Knights of Columbus to extend the hours of Operation under the Club Liquor License to 2 00 K of C a.m on New Year' s Eve New Year' s Upon motion duly made and seconded, it was voted to grant per- Eve mission to the Knights of Columbus to extend the hours of operation under the Club Liquor License to 2 00 a.m on New Year?.s Eve. Shiner Chairman Cataldo read a request from Allen I Shiner, 9 Todd Sewer Road to remove a temporary construction easement and a future ease- Easement ment from his property for the installation of the sewer line. Chairman Cataldo We have voted to insert an Article to abandon the easement through Dr. Cohen's property; can we include this and have it one Article? Mr. Legro Yes, the entire easement will :be all on description. Upon motion duly made and seconded, it was voted to include the easement on the property of Allen I . Shiner, 9 Todd Road, in the Article to abandon that portion of the sewer easement between Grant Street and Saddle Club Road. 39 Chairman Cataldo read an invitation from the Radcliffe Institute of Cambridge inviting members of the Board t6 a presentation of a study of the succession of plants and the use of Willard' s Woods and fields by the Landscape Design I class at the institution. The Board agreed to ask if a member of the Conservation Commis- sion could attend. The Board discussed the closing date of the Warrant for the 1972 Annual Town Meeting. Annual Upon motion duly made and seconded, it was voted that the clos- 1972 Town ing date for the acceptance of Articles for the Annual 1972 Town Meeting Meeting Warrant would be January 7, 1972 at 4 30 p.m. Warrant Chairman Cataldo informed the Board that a request has been re- ceived from Mr. John C. Przyjemski , 84 Cliffe Avenue, to defer his Deferment street betterment assessment on lots 260-264 Hillcrest Avenue. Przyjemski These are undeveloped lots and we voted on September 14, 1970 to Street defer his, sewer betterment assessment. Betterment Upon motion duly made and secor}ded, it was voted to extend the time for payment of $2,038.80 street betterment assessment levied against lots 260-264, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occuts first Upon motion dulmade and seconded, it was voted to adjourn at 955p.m. y A, 'true record, Attest ,wIP/ 727_ xecutive Clerk, Selectmen I 140 SELECTMEN'S MEETING November 22, 1971 1 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 22, 4971; at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager and Mrs McCurdy, Executive Clerk, were present. Mr. Legro requested the Board to sign the deed to convey taw title lot No. 48, Hillside Avenue, to Lawrence M. Butler and Grace Butler Butler Mr. Butler has submitted checks in the amount of $650.00 for the lot, Tax and $8.06 to pay the taxes for the portion of the year remaining after Title the date of conveyance. Upon motion duly made and seconded, it was voted to sign the deed to convey tax title lot No. 48, Hillside Avenue, to Lawrence t4. -Butler and Grace Butler of 9 Brude Road, with the restriction that lot 48 be combined with the existing lot owned by Lawrence M. Butler and Grace Butler and not to be used as a separate building lot, as voted ,y the Board on September 13, 1971 . Mr O'Connell informed the Board that a request has been received from the Fire Department for a transfer of $4,000 from the Reserve Fund; there may be a second request for $1,000, which I am investigat- ing. The balance in the total expense budget as of November 10 is Fire $7,648 and it is estimated $4,000 will be necessary to carry them Dept. through the end of the year. There was an abnormal amount of overall Transfer work; the largest item is a complete motor eebuiiding job on engine #3; engine #1 had a water tank replaced, because of age, a new clutch and was repainted; engine 02 had a new tank replaced. These are large and unexpected expenditures, with a total of $6, 196; $1,500 of that has been expended out of other accounts. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Fire Department in the amount of $4,000. Mr. O'Connell read a letter from Peter M. Starrett of Starrett Paving Corp. commending Wallace G. Wesinger, Highway Department Foreman, for his full' cooperation in scheduling and coordinating Starrett regarding the streets to be paved, the handling of police details Repaving and his proficiency in working with contractor personnel has been of the highest manner. Mr. O'Connell I would like to add that this is the second year in which we have been in the course of the transition of the super- vision of the repaving, which was previously handled by the Department of Public Works. We are making good progress 141 Mr. O'Connell As directed by the Board, I have reviewed with the State Office of Manpower Affairs the questions raised concerning the proposed Waltham-Lexington E E.A and the State is completely willing to have the Town add a termination clause if it desires to do so. It could simply read that the Town reserves the right to terminate the contract upon written notice to the sub-agent at least 15 days prior to the effective termination date. On the requirement that the Town pledge to fill at least one-half of the openings In its regular organization with E E.A employees where qualified, the State reaffirms its position that this clause is intended to be only a best efforts requirement and E.E.A. there is no penalty if a Town is unable to meet this requirement. They Agreement only expect that an honest effort be made to provide every reasonable opportunity to gain permanent employment. The State has written us a letter confirming that the Town does have the right to include a ter- mination clause in our standard contract; also, that the guidelines state that the overall goal is to place one out of every two partici- pants in a full time' position and they are asking that every town make a deliberative and conscientious effort to at least meet this goal; while not a legal obligation, they do feel that every town does have a moral obligation to its E.E.A. participants to attempt to meet this goal . Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Emergency Employment Act agreement between Waltham and the Town of Lexington. Cha'frman Cataldo read a request from Dr. Howard A. Smith for a review of the traffic pattern in front of the Veterinary Hospital on Bedford Street. CFiairman Cataldo Chief Corr was asked for a report and it Traffic states that this situation has been discussed with Mr. Mistretta, Bedford District 4 State Highway Engineer in May of this year and it is the Street opinion of the State Highway Engineers that turning movements should be restricted on this part of Bedford Street; as a result, a double solid yellow line was painted in the middle of the highway between Hartwell Avenue and Route 128. Chief Corr personally agrees with Dr. Smith that the double solid yellow line on Bedford Street should be broken at his driveway in order that his patients could make the turning movement without violating the law. I feel there are two problem places, at Dr. Smith' s and at the Tennis Club. Upon motion duly made and seconded, it was voted to refer Dr. Smith's request to the Traffic Committee for a recommendation. Chairman Cataldo read a letter from John M. Fresina, 23 North Hancock Street, regarding fire protection equipment in the schools. After discussion, it was agreed to inform Mr. Fresina that al- Schools though the Board has a strong feeling there should be adequate Fire protection for children and property, the responsibility for school Protection buildings is strictly within the jurisdiction of the School Commit- tee, and anylrecommendations Mr. Fresina would like to make should be Imade directly to them. 142 Chairman Cataldo read a letter from George Grimshaw of Randolph ask- ing for low income housing accommodations for his mother who lives in New York. After discussion, it was agreed to inform Mr Grimshaw that while the Board sympathizes with his problem, we have no facilities under our jurisdiction available at this time and the requests of peoplewithin our own town exceed available housing. Chairman Cataldo read a request from the Elks Lodge to extend the Elks hours of operation under its Club liquor License to 2 00 a.m. en New New Year' s Year' s Eve. Eve Upon motion duly made and seconded, it was voted to approve the Extension request of the Lexington Lodge of Elks to extend the hours of operation under the Club Liquor License to 2 00 a.m. on New Year's eye... Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of October 26, 1971. Chairman Cats Ida read a letter from the Chamber of CommerCo re- questing representation from the Board and the Traffic Committee at its meeting on December 15, 1971 at 9 00 p.m. to discuss changes in Chamber of bus stops and taxi stands in Lexington Center and outlying areas. Commerce After discussion, the Board agreed that the Traffic Committee Traffic should meet with the Chamber of Commerce on the bus stops and taxi Committee stands in the Center but to inform the Traffic Committee that if the scheduled meeting of December 15 is not convenient, to schedule a meeting that is convenient for everyone concerned. Chairman Cataldo read a letter from the Chamber of Commerce re- questing that the situation of extreme darkness in the Grant Street Meriam end of the Meriam Street parking lot be corrected. Street Upon motion duly made and seconded, it was voted to request the Parking Town Engineer to submit a recommended plan for lighting in the park- Lot ing lot and the costs for implementing it. Chairman Cataldo read a letter from Edwin B. Worthen, Jr. of Lexington regarding the gift of thee;6emman clock in the n8W Select- men' s Room and the hope that the framed original drawing of the front elevation of the first Town Hall had been preserved. Mr Worthen wondered if the Selectmen's Room was equipped with an elec- trical outlet and if the Board had considered the possibility of Town acquiring instead a clock of local origin, one which would be both Offices appropriate and of increasing significance to the Town. The Board agreed to inform Mr. Worthen that it was very pleased to think that someone would make a donation to the Town, especially taking into consideration the cost of this timepiece; it is felt to be a very appropriate piece to be displayed in the Selectmen's, Room. The Selectmen's room is equipped with an electrical outlet and the Board would be happy to accept a gift of a clock of local origin I 143 I III from anyone who would care to donate it. The front elevation of the first Town Hall and a picture of the new Town Hall will be displayed along with photographs of the old building will be displayed in appropriate loca- tions. Mr. Worthen is invited to visit open house and view the displays at the new Town Offices. Chairman Cataldo read a letter addressed to Mr. Kenney from Lloyd Gilson of the Tri-Town Civic Association regarding new legislation for the protection of the Lexington-Bedford-Burlington land. The letter states that H 3344, authorizing construction of a bridge or tunnel from the Middlesex Turnpike to the 250-acre tract of land in Burlington abutting Lexington and Bedford, died in the most recent session of the legislature. This action does not forever kill chances of development of the land; at best it provides breathing time for additional negoti- ation and strategy on our own. Rep. Vigneau has publicly stated that he will resubmit this bill in the next legislative session. Working with Rep. Cole, our group is contemplating the introduction of counter legislation to insure that the best interests of all the affected communities• will be satisfied before any development proceeds The exact wording is being formulated Lexington- Chairman Cataldo We have received a letter from the Planning Burlington Director stating that Burlington has passed a zoning amendment which Land would require a 100-ft.-wide buffer strip with 75 percent of it land- scaped or wooded for the industrial district adjacent to the Lexington town line; Mr Zaleski dd'd not know whether the yard requirement and the landscaping requirement will be interpreted to prevent the con- struction of a street across the buffer strip into Lexington After discussion, the Board agreed to inform Mr. Gilson that, wLth the Article recently passed by the Burlington Town Meeting and the acquisition of the strip within Lexington along the Lexington-Burling- ton line, we are working in the right direction for the protection of the Town of Lexington, As far as legislation to be filed is concerned the Board feels that Representatives, Cole, Cusack and Dickson should recommend some possible legislation for its evaluation. Upon motion duly made and seconded, it was voted to sign water abatements for the following Water Off Michael Delfino 12- 16-68 $ 1.50 Town Property Water 39 Westview Street 2-09-70 $ 1.50 Town Property Abatement The By-Law Advisory Committee met with the Board and submitted its recommended Article to be submitted in the Warrant for the 1972 By-Law Annual Town Meeting, and also a report. Members of the committee Advisory present were Richard A. Michelson, Chairman; Chief James F. Corr, Committee Howard L. Leving§ton, Anthony L. Mancini and Frank I . Michelman. II� �� 144 ARTICLE XXIV PUBL I C WAYS AND PLACES TRAFFIC REGULATIONS Section 6. No person shall obstruct the free, open and convenient use, by the public for travel, of any sidewalk, street, public parking lot, public place, or public building, by occupying the same with lgoods, wares, merchandise or other chattels, or by using the same as * place of resort, amusement, recreation or business, without the written permission of the Selectmen or Town Manager. ARTICLE XXIV PROTECTION OF THE BATTLE GREEN Section 25. (a) The Battle Green shall be open to the public for pur- poses of rest, contemplation, conversation, historical excursion, memorial performance, public meeting, or other similar activity as provided for herein. (b) No person shall engage in any game, sport or picnic on the Battle Green. (c) No person shall engage or take part in any memorial performance, public meeting, or other similar activity on the Battle Green without the written permission of the Town Manager or Board of Selectmen granted after receipt of a written application in Such form as the Town Manager shall prescribe. (d) No person shall climb upon, deface, mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green, or there behave or conduct himself otherwise than in a quiet and orderly manner in keeping with a re- spectful regard and reverence for the memory of the patriotic Service _ and sacrifice there so nobly rendered. MINORITY REPORT This minority report deals only with Article XXIV, Section 25. I would recommend that tiie Board of Selectmen propose the adoption of a new section 25 along the lines set forth in the draft appended hereto. This draft contains four paragraphs parallel' to those in the draft recommended by the majority of the advisory committee. For purposes of comparing the two drafts, material in the minority draft which differs from or adds to the majority' s draft has been underlined. I shall briefly discuss each paragraph, caltfng attention to the issues on which there is difference of view between the majority and minority. 1. 4S (a) The Battle Green should be freely open for all kinds of quiet, unobtrysive activity; and should be available for meetings and perfor- mances 'subject to a permit procedure. I believe there is no substantive disagreement on this point (b) I believe that use of the Green for rest, contemplation, and historicalvisitation should be accorded priority over use for such activities as games and picnics - but that there is no need to bar activities of the latter sort as long as they do not in fact interfere with other people's more passive use and enjoyment of the Green The majority believes that the Green is simply an inappropriate site for playing and picnicking. This is a disagreement about policy, reflect- ing different value judgments (c) The disagreement here may pertain more to form and procedure than to supstantive policy I believe, however, that careful atten- tion to matters of form and procedure is warranted where First Amend- ment rights of expression and assembly Ore involved. Especially is this so because, in my opinion, failure to adopt appropriate formal and procedural safeguards will leave the by- law vulnerable to consti- tutional attack My reasons for so believing are set forth at pp. 1-6 of a legal memorandum I submitted to the advisory, committee, a copy of which has been furnished to the Town Manager My draft would expand on the majority's draft by adding three elements (i ) A listing of five kinds of problems which may justify denial of permission to hold a public meeting. The intent is to make this list exclusive - to say that a permit may be denied only where denial can reasonably be thought necessary to avoid one of listed types of problems. I believe it is the proper province of the Town Meeting, as our legislative body, to provide this kind of articulate policy guidance for administrative officials. (ii ) A requirement that criteria for judging whether one of the listed objections exists shall be applied consistently to all applicents. The objections are stated in rather loose terms (e.a.. "Protection of public health" ), leaving an appropriate amount of dis- cretion to administrative officials. Discretion is not unduly encumbered by a requirement that it be exercised - perhaps by develop- ing and articulating more precise standards or rules - in a consistent manner over a span of time. It is not the minority draft' s intention to forbid general changes in administrative standards, rules or prac- tices such as experience may dictate from time to time. (iii ) A requirement that refusals be accompanied by explana- tions. I believe this is essential to preserve citizen confidence in the. exercise of administrative duties which will almost certainty prove delicate or controversail on occasion. An applicant should be 146 told clearly what the objection is to his request, so that he can try to overcome it (by persuasion, by providing more information, Or. ,by changing his plans) and so that he can reassure himself that tae is " not being treated arbitrarily, or less favorably than someone else without a good reason. (d) There is no difference of substance here I recommend using the word "peaceful" instead of "quiet" because a flat require- ment of "quiet" behavior seems hard to square with the qualified allowance of public meetings contained in both the majority and minority drafts Respectfully subeitted, Frank I . Michelman APPENDIX TO MINORITY REPORT (a) The Battle Green shall be open to the public for purposes of rest, contemplation, conversation, Quiet relaxation, and historical excursion; and shbll be ooen .as hereinafter provided for memorial per- formances, public meetings, and other similar activities. (b) No person shall engage in any game, sport or picnic on the Battle Green which -substantially interferes with the use of the Battle Green by others for purposes of rest conversation. contemolation, Quiet relaxation. or historical excursion. (c) No person shall engage or take part in any memorial perfor- mance, public meeting, or other similar activity on the Battle Green without the written permission of the Town Manager or Board of Select- men granted after receipt of a written application in such form (includino reasonable identification of the aoolicant) as the Town Manager shall prescribe Permission may be refused only if refusal is reasonably deemed necessr8rvt under criteria consistently applied to, all applicants. for the protection of public health the safety .of Persons or property the orevention of excessively protracted or fre- quent noise. disturbance or conoestion- or their occurrence at unsuit- able hours the protection of the Green aoainst .ohvsical deterioration from excessively intense or concentrated use or the avoidance of conflict with previously scheduled activity The reason or reasons for any refusal of permission shall be explained to the aoolicant., (d) No person shall climb upon, deface, mutilate, or otherwise in- jure any tree, shrubbery, monument, boulder, fence, seat or ,structure on the Battle Green,. or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respectful regard and. reverence for the memory of the patriotic service and sacrifice there so ' nobly rendered. 147 Mr Michelson The report is self-explanatory and, although this was the feeling of the majority, there was a minority report attached We would like to see an Article inserted in the Warrant to make this change in the By-Law Mr Michelman can speak on his own minority report Mr Michelman There is no need to make a statement in addition to the report I filed because it is self-explanatory Chairman Cataldo Do any members of the Board have questions or statements to make? Mr Kenney I have no objection to the first minor point in section (a) Mr Buse Do you accept the majority or the minority report? Mr Kenney I am in favor of the majority report, except in two instances section 25 (a) that suggested change I would be in agree- ment with section (b) of the majority report I do not agree with section (c) I agree with the majority report, with the exception of one of the things in the majority report - that the applicant be notified of the refusal , with a reason. Mr Michelman I thought that this would avoid any arbitrary de- cisions ff the Board had to give a reason for its denial Chairman Cataldo Regardless of the Board or the decision or the issue, there are always reasons given for denying any request There are no arbitrary decisions made at any level . To have a By-Law include this sort of language is not in the best interests of the Town because it is the policy of this Board to operate in that manner Mr Michelman If it is the policy of the Board to operate that way, I agree with you that the language should not be inserted It was the general feeling of everyone concerned that the Board' s policy was to state the reasons fbr any decision made. This section would not be necessary Chairman Cataldo raised the question of dual authority or respon- sibility, where it stated permission be given by either the Board of Town Manager This' sort of By-Law cannot be operated in an efficient manner, especially if one department doesn't know what the other has already done or if it had acted on any request If the reason behind this section is that a person would want an immediate answer, the Board of Selectmen has always seen fit to act on emergency requests We have acted on, and granted many, in the past and see no reason for changing the approach in the future After discussing this section, there was general agreement also that it should be separated and the Town Manager's authority be deleted The Board of Selectmen voted unanimously to accept the report of the By-Law Committee and insert an Article in the Warrant, deleting the authority of the Town Manager to issue permits Mr Legro raised several questions regarding the language of this proposed By-Law and felt there were many areas that should be clarified before it was approved and submitted to Town Meeting 148 After much discussion of the points raised by Mr Legro, there was general agreement that he was right, and the By-Law should Ise reviewed once again. Therefore, the Board voted to rescind its vote of accept- ance and asked Town Counsel to come back with a report for discussion of this By-Law After this is done, another meeting would be scheduled with the committee to see if an agreement could be reached on the Article to be inserted in the Warrant The By-Law Advisory Committee retired from the meeting Upon motion; duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 .26 p.m. A true record, Attest `�� �f`i • Executive Clerk, Selectmen 1 4 g SELECTMEN'MEETING November 29, 1971 A regular meet ig of the Board of Selectmen was held in the Select- men' s Roam, Town Office Building, on Monday evening, November 29, 1971 , at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey,, Bu•sa and Mrs Riff in; Mr. Legro, Town Counsel ; Mr O'Connell , Town Manager and Mrs McCurdy, Executive Clerk, were present Mr Legro informed the Board that he was ready to discuss the ease- ments on Peacock Farms Section VI but inasmuch as the matter was Peacock complicated, he suggested that a meeting be set up for a morning this Farms week to discuss it. Easement The Board agreed to meet with Mr Legro and Mr McSweeney to dis- cuss it. Mr. Legro informed the Board- that he had received a call from the Attorney for the Arts and Crafts Society, who is anxious to complete the transaction on the conveyance, of land This will give Arts and Arts and Crafts the landlocked parcel of 11. Crafts Chairman Cataldo Is it the ' , ling of the Board that Town Counsel draw a deed? The Board agreed and Mr. Legro4S to present the deed on next Mon- day evening. Mr. Legro reminded the Board that the Ballou and Titelbaum options will expire and he had called it to the attention of the Conservation Commission that a request is needed from them to exercise the options. Ballou They need approval of federal and state grants. Titelbaum The Board agreed that Mr O'Connell is to check with the Conserve- Options tion Commission regarding the request and the Board could vote to exercise the options on next Monday evening Mr O'Connell requested approval of a transfer of $1,000 to the Fire Department Account 4150 to correct an error in the budget. The Fire Department had requested $ 1,000 for communications equipment and Transfer we ended up taking it out of the budget when we rejected it; we came Fire up $1,000 short. Account Upon motion duly made and seconded, it was voted to request the 4150 Appropriation Committee for a transfer from the Reserve Fund to Fire Department Account 4150, in the amount of $ 1,000. Mr. O'Connell requested approval of a transfer of $150 to the Office Machine Maintenance and Repair Account 2930. Bills on mainten- Transfer ance contracts for two adding machines and two electric typewriters Machine are due for renewal in December, and there have been emergency repairs Account necessary on the Assessors' addressograph and payroll machine. 2930 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 2930, in the amount of $ 150 150 Chairman Cataldo read a recommendation from the Planning Board re- garding articles to be inserted for subdivision streets An additional list was submitted and discussed Upon motion duly made and seconded, it was voted that Articles be inserted in the Warrant for the Annual Town Meeting for the acceptance of the following subdivision streets which have been completed: Abernathy Rd. Ingleside Rd. to end, Birch Hill Lane, Lincoln St to end, Subdivision Clyde Place, Ingleside Rd. to end, Streets Conestoga Rd. Wood St to end, Dudley Rd Goffe Rd. to Philip Rd., Goffe Rd. Worthen Rd to Philip Rd. Heritage Dr Volunteer Way to Volunteer Way, Ingleside Rd. Maple St to Sta. 22+50 (Clyde PI .), Pheasant Lane, Birch Hill Lane to end, Worthen Rd. Pleasant St to Bowman School Upon motion duly made and seconded, it was voted to insert Articles for the following streets, subject to the approval of the Town Eno neer. Carmel Cirdle, Nickerson Rd. to end, Morgan Rd. Nickerson Rd to water towers, Nickerson Rd. Mass. Ave. to Mass Ave Philip Rd. Worthen Rd. to previously accepted portion It was the feeling of the Board not to insert articles for Kendall Rd , Sherburne Rd. and Worthen Rd. until final settlement has been made with Colonial Acres. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on November 15, 1971 . t The Board discussed the sidewalk beltterment assessment poficcy. Mr .Kenney If we were to change the policy, we would have to change it effective at a future time, and not go back. The other part of it concerns legislation which we have been authorized by a Sidewalk prior Town Meeting Article. We are recommending that the legislation Betterment be constructed so as to allow the Town to assess the sidewalk better- Policy ment on both sides of the street and the formula be on the longer side; any presently installed sidewalk could be credited. Chairman Cataldo Can you fairly ,and equitably split it for both sides of the street? Mr. Kenney If you don't approve of the premise that both sides are bettered, then we have to back up Our future sidewalks are mostly put in at the request of citizens. We had previously agreed that a sidewalk bettered both sides of the street; that way, it takes the cost out of it and both sides pay. Part of our recommenda- tion is the net increase, a .greater return to the Town. I 151 Chairman Cataldo A decision must be made on whether you are going to assess both sides of the street or one side; whether you return more money to the Town can be determine afterward Mr. Legro The problem was to find a more equitable means of assessment. We found nothing in this that eliminated all the inequities. Chairman Cataldo I was in accord until I tried it; how to ap- proach 50% of the problem on one street We would have more requests for abatement; there are a few areas now that consideration could be given for abatement of betterment There is no question in my mind of a -very strong consideration of how to make up for the ones already gone over the dam Mrs. Riff in We can't; the last requests we got would have been eliminated by this new policy. Chairman Cataldo If we adopted this, fine, because of progress, but I think we are back in the same boat with different situations with greater numbers. Mr Kenney What is the Board' s feeling about making the sidewalk betterment policy consistent with street betterment? Mr Busa I have no objection. Mr. Bailey That is on the longer side, I see no problem. Chairman Cataldo to Mr Legro Do you see any problems? Mr. Legro I would like to look at the statute The Board agreed to discuss the matter after hearing from Mr Legro Mrs Otis Brown met with the Board to discuss the Summer Coopera- tive Program She introduced a student, Pam Winston, to present the requests. I Miss Winsto : We are here tonight asking you to sponsor an Article on the Warrant Chairman Cataldo In reading your report, you feel it will take $10,000 to operate for next summer and are asking the Town to partici- pate for $7,000. As I look at your budget, you have $2480 listed for canteen supplies, etc As I understand the program, you have your own Summer Co- canteen, what happens to the money? operative Miss Winston That reimburses us for purchasing supplier for the Program canteen. It is not a money making venture but sort of a break-even thing like the school cafeteria. Chairman Cataldo The money must go somewhere Miss Winston The turn-over last year would go back in and is spent as soon as it is made, we use up anamazing amount of supplies. Chairman Cataldo There is no question in my mind that you have hit an area that deserves a lot of credit for the people involved last year. There are two areas of concern - can we appropriate $7 ,000 for this purpose? I don't know. As I understand the statute, we would be hard put to interpret it that way but will ask Town Counsel to check if this is the case I can see the possibility of you talking with the Recreation Committee to see what areas, if any, are dupli- cated. Miss Winston Wouldn't we be obligated to get into the Town program? 152 Chairman Cataldo There is no question we understand what you are trying to do but we are saying should it be coordinated with recreation, not as far as controls but so that everybody would know where they are going . Should it be part of the recreation budget? This is the next step in my opinion For us to insert an article in the warrant, there would be no basis for an appropriation You should talk with the Ap- propriation Committee. There is no question of the good that can be done and I would like to see maybe other areas that can be expanded; there should be coordination of the program for Town support. Mr. Bailey What was your budget, approximately, last summer? Young man About $6,600 and it was all raised through subscription Mr Bailey How do you propose to make up $3,000? Young man We intend to raise it through similar methods of last year, we are not handed money After further discussion, it was agreed that the Sommer Cooperative Committee would discuss the matter with the Appropriation Committee and the Board would resolve with Town Counsel whether the Town has the authority to appropriate money for this purpose. Mr. Richard Plank of Re-Place met with the Board Also present were Mrs. Battin, Mr Mabee, Dr. Ellicott, Dr Arnold Abrams and Peter Clark. Mr Plank We are here to ask for an additional expenditure of $11,500 to support Re-Place for 1972 and we are looking for the support of the Board to endorse this expenditure to Town Meeting. Re-Place is a going concern and has reached some maturity We have reached the youth segment that is necessary to youth culture, Lexington has bene- fited that we have been there to offer a helping hand to those that ask Re-Place for help. We have an avenue of communications with Mr McManusrerug Counselor but he feels he couldn't do it alone. Professionals are definitely needed; kids have to come in there looking for help before they can communicate with them At the present time, 25% of the total cases have to do with drugs. This is a problem that is here and there is no answer for it but helping kids change their attitudes So far this year, they have helped 65 runaways and 90% of them have returned home. Re-Place is basically an advisory board of concerned citizens; this group is active, they just don't lend their names to it - Dr. Abrams, Dr Monderer and Dr Ellicott are called upon ten times a week by Re-Place; Neil Chavet and Bill Hayes are lawyers and we couldn't live without Mrs Battin who has helped with runaways, Peter Clarke is the Director and since he first started I$ years ago, we have seen him mature and he is doing an effective job. The staff con- sists of 18 youngsters between 16 and 23, who are trained effectively in drug information. The kids are dedicated and give a lot of them- selves; they can rap because they have been there themselves We have made mistakes having people on the staff we shouldn't have but we weed them out Basically, we recognize the budget as being a tight budget and don't see expanding our facilities I 15 ' Chairman Cataldo There is no question in this Board' s mind to work towards whatever we can to resolve the drug program; there is no question the problems are real but the question is how we can best approach them We are in the process of having project PREP come in and we would like to have the report back before making a final deter- mination. Mr. Plank We think in asking you to put an Article in the Warrant and the wording of the same, we could work it out for you. We feel strongly about the avenue open to the Town to reach the youth of Lexington and we feel we are doing it We urge you to consider it in that light. Chairman Cataldo In your budget, there is no amount for Mystic Valley Mental Health; are they still with you? Mr Plank No; since Mr McManus is coming, we don't need Mystic Valley, plus it is too expensive to carry on; they helped us over the years and worked hard with us but we now know we can live without them. Chairman Cataldo You are asking for $11,500, besides the parti- cipation of Mr. McManus? Mr Plank Yes, we don't want to lose Mr McManus. Chairman Cataldo The Boar, d' s position is that we would like to expand our participation in drug problems, would you fellows consider us giving you more time of Mr McManus? Mr Plank Yes Chairman Cataldo Are you asking for an appropriation of $11,500 and then turn it over to you. Mr Plank No, basically, if we can get funds from the state next summer, and there is no reason to believe we won't, we are a good model and performing to the state' s liking, but the state is beset with re- quests and cut down from $ 10,600to $7,000 for 12 months Chairman Cataldo Your approach is to turn it over- to you in your budget; it could 'be turned over to the Board of Health budget for the purposes delineated. Mr. Kenney These people are looking for the mechanism whereby they request us to insert an Article, and we give them direction I suggest we see the PREP report, which would be helpful Mr. Mabee We are not asking for an Article but support finan- cially and we don't care whether it comes from the operating budget Mr Kenney I feel to take on a new venture in the Town, you would almost have to have an Article for Town Meeting to say yes or no. If you are talking $ 11 ,000, you need an Article If we expand the counseling aid, we have the authority to do that now Mr Mabee If that is true, then the Article, if you supported us, might be inconsequential . Chairman Cataldo The total dollars spent at Re-Place should be in, to be fair. My point is, if you work out an agreement to expand counsel- ing service or our whole program, as I read the areas of your responsl- bility,i I , for one, would not be enthusiastic to turn over money to 154 Re-Place covering the areas you are covering. Specific areas .I could support very strongly. There are areas the Town shouldn't be partici- pating in with Town funds and I wouldn't agree with spending them that way, and would like to separate them. Mr Plank Can we have one Without the other? Chairman Cataldo It may be difficult to separate them and that being the case I don't agtee to Town funds being expended in these areas; I see church funds, private organizations and subscriptions. There is a tremendous void in the families of the Town and this is my feeling I wouldn't want to see the Town' s money spent in that area and this is a big part of it. I think the clergy should reevalu- ate their priorities and their time should go in there rather than the Town' s.. Dr. Ellicott The problem is tremendously difficult; a certain sector isn't going to go to a church. Chairman Cataldo True, but if we were convinced the clergy was holding up their end; there is no question kids will not go to the clergy or Mr. McManus, but on the overall picture if they were assum- ing some of the load, it could be clocked into it Mr Mabee We are trying to pick up those the clergy has already lost Let' s not lose these people because of the clergy Mr. Kenney Is there a possibility of separating it whereby the counseling would be reduced but still go for the Article? Mr Mabee This requires an in-depth study Could we meet with someone who would meet with the trustees of Re-Place? I have a feel- ing you want to help us but how is the problem. Chairman Cataldo There is no question in our minds that we recognize the problem and we would like to help In those areas of spending public funds, we must get dollar for dollar for the Town Unless we get something solid, we aren't going any place. We have been looking. for Mr. McManus to expand the program but the area of contact is strong in the drug problem I think the best way to do it is to sit with him and the Drug Committee Mr. Mabee When will PREP be through with their study? Mr Kenney Six or seven weeks If you are talking of an ex- tension of counseling service to help Re-Place, Town Meeting has authorized counseling service, but if you are talking $7,000 or so in addition to that . Mr Mabee We ask you to think in terms of helping in counsel- ing and to reserve a spot for the Article. Let' s meet with you and the Drug Committee some way without the Article or with it Mrs Riffin Is there merit to have a Citizen' s Article and also in the budget for Town Meeting to discuss in terms of both alternatives Chairman Cataldo No; if they are going in the area they are talking about here, the Drug Committee is going in that direction and when it is finally impletented, it could be greater or a greater ex- tension of counseling If you got both on the floor of Town Meeting, you would make a mistake Mrs Riffin We would come to a conclusion in enough time for them to come in with an Article? 155 Chairman Cataldo Yes, by the end of the month we would know in what direction we would go. Mr Mabee If you support counseling and Re-Place collapses, you are appropriating money uselessly 4 am not interested in an Article Chairman Cataldo We will tell you the same as we told people before you, that we will ask Town Counsel to what extent we can parti- cipate. Mr Kenney We will set up a time for you to meet with the Drug Committee on December 9, to discuss the whole situation. The Board and Mr. Plank agreed. Attorney Paul McCormack met with the Board to discuss the price of the Domings' lots on Valleyfield Street Chairman Cataldo We have had the lot appraised and Mr O'Connell has met with the Domings. Mr McCormack We cannot argue against the appraisal ; we under- stand professional appraisals and would say it is too high and, from what 1 know, it is a fair appraisal . 1 have prepared a sheet showing the original sale price at $2,500 plus sewer betterments of $500. A summary shows the present market value as $8,000, less portion paid of $3,000, leaving a balance of $5,000 minus $2,433.51 for taxes paid from 1968 through 4971 and depreciable value, leaving a balance of $2,566.49. I think $2,500 would seem to be a fair price to pay. I said 1 would Domings submit these figures to the Board. Lots Chairman Cataldo We sold it for $2,500 because of the restric- tion We sold the lot down the street for $7,300 but he didn't pay and we rescinded the vote We sold this lot reasonably because of the restrictions We could have gotten $7,500 in 1968 because we had bids in that area that year This puts us in the position that we have to represent the Town Mr. McCormack You are saying that, at that time, the price proba- bly would have been more but wasn't because of the restrictions. Chairmah Cataldo Of course; we positively would not have sold it for that price There is a street betterment of $1,000 that they haven't paid; if you are saying they are willing to pay us this amount, we are absorbing $1,000. Mr McCormack We could put it this way that all I am doing here is bargaining. Chairman Cataldo We will take your proposal and consider it once again. We will be in touch with you Mr McCormack retired from the meeting Chairman Cataldo informed the Board that a report has been received from the Board of Health as a result of the meeting with the owners of the Bamboo Hut. The report states that some cleaning has been done and Bamboo they agree to live up to whatever conditions were set forth by the Board Hut of Health. The Board agreed to discuss the entire problem concerning the Bamboo Hut when application is made for the 1972 Common Victualler's license. I 1_56 The Board agreed to have the first budget meeting on Saturday, December 4, 1971 . Chairman Cataldo read a report from the Superintendent of Public Works regarding a proposal by Larchmont Engineering for a winter recre- Winter at ion area at the Hartwell Avenue sanitary landfill . The report states Recreation that the future land use of this site is always an important considera- tion and we would be delighted to review any private or public proposal that would be appropriate for the area If Mr Tropeano could furnish him with any information that would allow us to study the feasibility of this project, it would be taken under consideration The Board agreed to invite Mr Tropeano to meet with Mr, McSweeney to discuss the project The Board discussed the By-Law Committee and it was agreed that Mr O'Connell is to set up a meeting with them, at which time Chairman Cataldo and Mr Kenney would be present Chairman Cataldo said that the open house for the new Town Offices wou l d be held on January 9 from 2 00 to 4 00 p.m. Mr Parsons had 'done T.O.B five paintings of Lexington, and Mrs Ripley had donated one painting to the Town We Shall also include a rendering of the old Town Hall and the new one There will be a dedication ceremony in Cary Mall at 2'00 p.m The Town Meeting Members Association will take care of re- freshments and publicity, and invitations will be sent out Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of tatters of financial interest to the Town, it was voted to go out of Executive Session � Upon motion duly made and seconded, it was voted to adjourn at 11 05 p.m A true record, Attest ‘.1},volvie...4,,..„ )21 , 2)14)04_2......15/ xecutive Clerk, Selectmen 157 SELECTMEN'S MEETING December 6, 1971 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, December 6, 1971, at 7 30 p.m. Chairman Cateldo, Messrs. Kenney, Bailey and Busa, and Mrs. Riff in; Mr Legro, Town Counsel ; Mr. O'Connell, Town Manager and Mrs. McCurdy, Executive Clerk were present. At the request of the Town Clerk, fourteen jurors were drawn, as fo l lows Erivan Hagopian 7 Carol Lane Charles L. Whipple 28 Percy Road Reginald Hall 84 Middle Street Howard D. Ryder 2 Wilson Road Lawrence A. Smodke 5 Pine Knoll Road Jurors Robert R. Silva 48 Forest Street John A. Quimby 377 Lincoln Street Barry R. Daley 51 Laconia Street Jay J. Schleckman IS Hickory Street Lawrence P. Zopatti 26 Young Street Charles G. Crothers 15 Woodcliffe Road George B. Gedigian 7 Rolling Lane Daniel S. Castanheira 17 Emerald Street John P Spuria 393 Lincoln Street Attorney Nicholas Mazzoni appeared before the Board regarding the petition of the Mobil 011 Company to increase the gasoline storage from 9,000 gallons to 14, 000 gallons on the premises at the Colonial Garage, Inc., 1668 Massachusetts Avenue. A legal hearing had been held, and tabled, on, September 13, 1971 because an incorrect plan had been sub- mitted by the petitioner Attorney Mazzoni submitted a plan to the Board which had been Mobil approved by Fire Chief Spellman. He said there is no change in the Colonial exterior storage and the Mobil Oil Company requests approval of an Garage additional 5,000 gallon underground storage tank for a third product; this would increase the underground storage from 9,000 gallons to 14,000 gallons of gasoline in underground tanks. No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Mobil Oil Company to install an additional 5,000 gallon underground gasoline tank on the premises of Colonial Garage, Inc., 1668 Massachusetts Avenue, and to issue a new license as follows To keep, store and sell 14,000 gallons of gasoline, 1 ,000 gallons of waste oil, 500 gallons of fuel oil to be used to heat the building, all in 158 underground tanks, 600 gallons of motor oil, 300 gallons of anti- freeze, 80 gallons of hydromatic fluid, 40 gallons of gasoline in tanks, 60 gallons of brake fluid, 200 gallons of oil and gasoline, all in approved containers above ground. Chairman Cataldo informed the Board that representatives f Honey- Honeywell well Radiation Lab is meeting with the Planning Board this evening to discuss expansion plans and the need for rezoning their land at Forbes Road to permit manufacturing. No member of the Board is able to at- tend but Mrs. Brown is to send us a report The Chairman said that a meeting had been held last Friday morning to implement the 26-period payroll plan for the School Department and the Board agreed, subject to the condition that the School Department assume the responsibility for any overtime incurred for this program. Mrs Riff in Did Mr Perry say there would be overtime? Chairman Cataldo Mr Perry said as far as a 12-month period is concerned, he couldn't tell ; it would depend on the weather. They have an internal problem, which is not the Selectmen' s responsibility. 1 conveyed our vote to Mr. Maclnnes and when he finally contacted the Chairman, he said that Mr Maguire would not accept the terms. I said that if Mr Maguire would not accept it, that is his prerogative. This School morning, I met with Dr. Fobert and he has made an administrative deci- Department sion to implement the 26-period payroll plan; now, whether the School 26-period Committee supports him, this is their battle, not ours If any Board Payroll wants to implement a program or project, it should be willing to assume Plan the responsibility for it. I told him we were not budgeted for over- time. Mrs. Riff in Is the overtime for a specific time span? Chairman Cataldo It was agreed to implement it for one year not to exceed $2,000. They have to straighten out amongst themselves who has the responsibility. Upon motion duly made and seconded, it was voted to confirm. the understanding and to authorize the Comptroller to implement the re- quest of the School Committee for a 26-period payroll schedule, with the condition that the School Committee accept the responsibility for any overtime cost incurred for this program. Chairman Cataldo informed the Board that the Board voted on April 14, 1971 to grant permission to Early Massachusetts Records of Boston to inventory and microfilm Town records prior to 1830. This vote did Micro- not include an agreement that one film is to be given to the Town and filming the corporation will sell films at cost to libraries and similar insti- Town tutions. A new vote must be taken. They want to come on December 8 Records and Miss McDonough will be present at all times; if she is absent, her assistant will be present. Upon motion duly made and seconded, it was voted to grant permis- sion to Early Massachusetts Records, 1154 Boylston Street, Boston, Mass. , to inventory microfilm and reproduce Town records prior to 1830 159 (one film to be given to the Town and the corporation will sell films at cost to libraries and similar institutions) Permission is granted subject to the restriction that a member of the Town organization is to be present at all times during the project Mr. Legro informed the Board that he had prepared the Order of Tak- ing for the Wood Street trunk sewer easements from the existing sewer to Wood St a point northerly to Patterson Road, with an award of no damages Trunk Upon motion duly made and seconded, it was voted to sign the Order Sewer of Taking for the Wood Street trunk sewer easements from the existing Easements sewer to a point northerly to Patterson Road, with an award of no damages. Mr Legro requested the Board to sign the deed to convey a parcel sof land on Waltham Street to the Arts and Crafts Society, as authorized under Article 7 of the June 14, 1971 Special Town Meeting, subject to the restriction on the rear parcel,part of which not be paved for park- Arts & ing or used for parking for a period of 99 years Crafts Upon motion duly made and seconded, it was voted to sign the deed Land to convey a parcel of land on Waltham Street to the Arts and Crafts Society, subject to the restriction on the rear parcel that it not be paved for parking or used for parking for a period of 99 years. Mr, Legro requested the Board to sign the contract to Jay Mor Con- struction of Pelham, New Hampshire, in the amount of $2288, for the demolition of the Harrington House Mr Legro approved the contract Harringtoi as to form but noted that there were some minor deficiencies in the House insurance papers that would be clarified Demolitioi Upon motion duly made and seconded, it was voted to sign the con- tract with Jay Mor Construction of Pelham, New Hampshire, for the demolition of the Harrington House, in the amount of $2288 Mr. Legro informed the Board that the Housing Authority is not yet ready to completely accept the conveyance to the Town of the parcel of land off Waltham Street He had asked for the reconveyance to be in Housing his hands by Thursday. Authority The Board agreed that Chairman Cataldo is to contact Mr Scanlon and inform him to be ready by this Friday. Mr. Jaquith and Mr Wolfe of Somerset Road met with the Board to request the installation of a private sewer through easements on their property Mr Mead is the third party involved. Chairman Cataldo These gentlemen are looking for a sewer to be Private extended on Somerset Road and have agreed to extend the sewer them- Sewer selves, if we give them permission, they would assume full responsi- Somerset bility and full cost of the extension and turn over the deed and the Road easement A report from the Town Engineer states that their contractor estimates it will cost them $2,700. At contract prices, should the Town desire to build this as a sewer lateral extension instead of a I 160 private three-way service, we estimate the cost at $7,500 including contingencies Preliminary studies indicate that the route chosen by their engineer would be similar to the route the Town would take under the sewer lateral program. That is to say that we would design a shallow sewer in Somerset Road for houses on the southerly side of the street and service the remaining homes on the northerly side, to the rear through an easement The three property owners are aware of the betterments that would have to be charged for the sewer, Mr. Wolfe $986.64, Mr Meade, $1,584. 14 and Mr. Jaquith, $907 50. The easement would have to be drawn up such that it 'Included perpetual rights satisfactory to all parties to allow for proper construction and main- tenance. If the Board desires to allow this private sewer to be Wit, the Town should bring this sewer off to the side of the road as a ser- vice connection, insure the contractor acquires the proper permits, and assess the proper sewer charges in lieu of betterments against the respective properties. Mr Jaquith said that the basis problem is the cost over and above what we wou l d pay Chairman Cataldo I am sure if you construct this sewer, there ' would be sympathy of the Board for abatement but until betterments are assessed, we can't act on it. The Board then sitting would make the determination but I think it would be safe to say if this Board were to sit, there would be some consideration for it Upon motion duly made and seconded, it was voted that Ito Board agrees to have the Town Engineer work with Mr Wilbur Jaquith, 42 Somerset Road, Mr. Louis Mead, 38 Somerset Road and Mr RussellWolfe, 24 Somerset Road, for the approval of plans and specifications and the Town will extend service across Franklin Road and allow their con- 1 tractor to construct a sewer, with no cost to the Town; with the restriction that the deed and a grant of utilities be given to the Town Mr Jaquith and Mr Wolfe agreed and retired from the meeting Mrs Cochin of the Tri Town Association met with the Board to discuss the current status of the engineering studies on the strip of land at the Burlington line, and whether the studies have been com- pleted Chairman Cataldo Mr Gilson of your Association wrote to us recommending that some legislation be drawn As far as we are con- Lexington- cerned, with the Article recently passed by the Burlington Town Burlington Meeting and the acquisition of the strip within Lexington along the Land Burlington-Lexington line, we are working in the right direction far the protection of the Town There is no question we have to 'make the taking; it is being surveyed and we hope to make this taking and the Green and White taking As far as legislation to be filed is concerned, we feel that our State Representatives should recommend some possible legislation for our evaluation This type of legislation is most dif- ficult to draft because of the possibility of it being unconstitutional or being very difficult to implement; therefore, they would have a better knowledge of what could pass the legislature and be upheld in court ' i61 Mrs. Cochin Once the survey is completed, could you give an idea of the timetable? Chairman Cataldo As soon as it is humanly possible for us to get the necessary forms, get them signed and recorded. Mr. Legro How many parcels of property are involved? Mrs. Couchin The ownership of that strip is not in the hands of residents I think there are only about five parcels. Mr Legro It would take 30 to 60 days for a title examination. Chairman Cataldo There would have to be a title examination on each parcel . Mrs Cochin There are land registration proceedings which could be before the court in February and there is a question in the pro- ceedings that an ancient right of way might be established Chairman Cataldo We will do it as fast as we can; we will do the title searches immediately. We see no other way to guarantee the protection of access. Mrs. Couchin All the residents would like to thank the Selectmen for their cooperation. Mrs. Cochin retired from the meeting. Mr O'Connell requested approval of a transfer from the Reserve Fund to Account #2700 - Tax Collector in the amount of $650 The Tax Collector wishes to purchase an additional safe; this is an unplanned Transfer and an unexpected requirement and would be a reconditioned safe Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #2700 in the amount of $650 Mr. O'Connell discussed child day care centers. There are plans for the Manpower Affairs to provide jobs for these and they are asking if the Town would-be interested; about 20 jobs would be made available Day Care to the 5-Town consortium Lexington would receive, under the alloca- Centers 'N on, ,2 or 3 ,jobs at the most There are 15 centers listed by the Board of Health The Board agree' that Mr O'Connell is to write to the Manpower Affairs that we are interested. Mrs Miller and Mrs. Hals of the League of Women Voters met with the Board to discuss a recycling program Mrs Hals We have been studying solid wasteyfor some time. On recycling., we are concerned about the waste materials, trees, etc. being thrown away and to begin a major effort to minimize what each Recycling person throws away We have come up with a plan that is a copy of a plan already in existence in different places in the country and it would be to have an area located, hopefully, on a blacktop area for people to drive through. Logs could be dumped there and people could come and use chain saws to cut them. Leaves that accumulate in the spring could be removed from plastic bags and put in rows to turn into compost piles to be used by the Town instead of purchasing fertilizer 162 The logs could be given away or sold for a minimal fee. It is now il- legal for people to come and take anything out of the dumping area and residents have expressed a wish to take them away There would be an- other place for all kinds of appliances and scrap metal can be taken to Chelsea and sold for $9.00 per ton, or arrange for a scrap metal dealer to pick up and take it away; he takes it away for nothing. There would be an area for recycling glass, which is worth $20.00 a ton; transportation would be down to Dayville, Connecticut, and would cost $10.00 a ton to truck it, each truck load carries 7 to 8 tons It has been complicated to recycle glass because of aluminum rings but we are working on that Glass still has to be separated into differ- ent colors and we have asked for 7 different containers We would like to continue in can recycling, Miller charges $5 00 a ton for that and on every truck load we get a little profit There is ready market for paper, it was bringing $3 00 a ton but is now up to about $6 00 a ton Containers would cost $450 00 and a wood chipper would be $7,000. Needham is running an operation similar to this with np extra help Chairman Cataldo It depends on how it is set up as to what the results would be Not to have someone in a responsible position to oversee this, the people themselves would be uninformed as to what areas to go to; there would be vandalism and there are a lot of areas -} to be policed. Mrs Hals Some areas are seasonal ; others are on a day-to-day basis. Chairman Cataldo As I see the facilities, on bushes and Christmas trees. I see really no problem in setting that up if we set an area up. Logs present a tremendous liability problem. Most of the logs are diseased If somebody is cutting wood with a chain saw, who assumes the responsibility there? Mrs Hals I am saying they could take them away. Chairman Cataldo Leaves are the same problem; although it makes a lot of sense to compost them, unless there is a lot of supervision, I can see it burning every single night You have many good points which could be implemented and should be pursued, but you should look realistically and practically on a 24-hour basis. 1 , personally, have no objection to implementing part of it. Mrs. Hals Is it possible to include this in the 1972 budget? Chairman Cataldo If we were going to implement it, naturally it would be in the budget Mr Kenney You are aware that the Superintendent of Public Works is to give a report. We would look at some of these items and attach a financial cost to them. Mrs Hals If you do not consider it, we would consider a Citi- zen' s Article Chairman Cataldo I can see us implementing part of it but can- not see us going to that point the first year. If you feel it is all or nothing, my recommendation is to get a Citizens' Article. _ There is no question in my mind that this is the direction we should go. We recognize the problems, especially the first year. We will be in touch with you. Mrs Mrs Hals and Mrs. Miller retired from the meeting Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. Mr. Legro retired from the Meeting. Mr. McSweeney came into the meeting. Chairman Cataldo read a petition from the residents of Vinebrook Road regarding severe parking problems on the street and requesting Traffic help in halting it Vinebrook Upon motion duly made and seconded, it was voted to refer the re- Road quest to the Traffic Committee for a recommendation Chairman Cataldo read a letter from Paul Hamburger, 18 Cooke Road, regarding poor visibility at the intersection of East Street and Lowell Street. Traffic After discussion, it was agreed to inform Mr Hamburger that this East and intersection is to be redesigned with the intent of installing a set Lowell of traffic signals., if they are approved by the State DPW; this would Streets be a safer intersection when completed Chairman Cataldo read a letter from Calvin Y, Sing, Chairman of the Air Pollution Committee, regarding the discharge of the committee and the formation of a new subcommittee to be formed under the Con- Air servation Commission. Pollution The Board agreed that Selectman Kenney is to meet with the Committee committee to resolve what the function and responsibility of the new committee is to be. Upon motion duly made and seconded, it was voted to accept the recommendation that the Air Pollution Committee be dissolved. Upon motion duly made and seconded, it was voted to accept the recommendation of the Veterans' Agent and to sign the ambulance Abatement abatement for Edward L. Karpinski , 24 Wyman Road, who is receiving Veterans' benefits. Upon motion duly made and seconded, it was voted to certify the character of George G Watson, Jr , 39 Lawrence Lane, who has applied Cert of for Certificate of Incorporation "Massachusetts Council for Social Incorp. Studies." Upon motion duly made and seconded, it was voted to sign licenses License for the following, expiring on December 31 , 1972 (renewals) Renewals 164 Liquor Battle Green Inn-Innkeeper Berman' s Market Inc -Package Stores Sheraton Lexington Motor Inn-Inkeeper Vinebrook Corp -Package Stores Joseph A. Trani-Package Stores Anthony' s Restaurant-Conor On Victualler Lexington Liquor Mart-Package Stores Lexington Lodge of Elks-Club Common Victualler (Approved by the Board of Health) Brighams Regent Delicatessen Buttrick's Take Home Foods of Lexington Geoffroy' s Pharmacy Folsom' s Seafoods Howard Johnson's Friendly's Pewter Pot Muffin House Hayden Skating Rink (Daniel Martinez) Minute Man Restaurant Anthony's Restaurant Woodhaven Country Store Reed's Drug Store Brewsters Chairman Cataldo said that a letter has been received with the re- newal application from Dunkin Donuts, requesting an additional half hour of operation to it 30 p.m Dunkin The Board agreed to extend the present hours of 6 00 a.m. - 11 00 Donuts p.m. to 6 00 a.m. to II 30 p.m. for a 6-months trial basis until June 30, 1972; the Board will review the situation at that time as to a further extension. Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Dunkin Donuts, 373 Waltham Street, with the hours of operation of 6 00 a.m. to II 30 p.m. until June 30, 1972. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting of November 22, 1971 . Chairman Cataldo read a letter of appreciation from the MBTA re- Senior garding the use of Cary Hall for registration of senior citizens for Citizens half-fare passes. 1972 registrations are to be held in May and MBTA September in Cary Hall for the senior citizens of the Town. Chairman Cataldo read a notice from the Special Commission to in- Burning vestigate the Impact of Outdoor Burning Ban that a meeting is to be Ban held on Friday, December 10, at the State House. Chairman Cataldo read a letter from the Massachusetts Selectmen's Association requesting that a questionnaire be filled out regarding Fire and Police Chiefs' Pay Law to enable the Executive Board to Police & ascertain the Immediate financial impact of the law Fire Chiefs It was agreed to inform the Massachusetts Selectmen's Association Salary that the Board strongly opposed this legislation all through the legislative process, including requesting the Governor to veto the measure The Board recommends that legislation be filed to repeat the Act 16 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Superintendent of Public Works to grant a water abatement to Pine Knoll Nursing Home, 30 Watertown Street, in the amount of $225.40. The meter was incorrectly read and a check had been received for $943. 16 when it should have been for $717.76. Abatement Upon motion duly made and seconded, it was voted to sign the water abatement for Pine Knoll Nursing Home, 30 Watertown Street, in the amount of $225.40. Mr Cataldo abstained. Upon motion duly made and seconded, it was voted to grant the re- Special quest of Chief Corr to appoint Kenneth P Kelley, 49 Earl Street, a Police Special Police Officer for a term expiring March 31 , 1972. Appt The Board discussed reports from the Traffic Committee. Chairman Cataldo read a report regarding signs on Lillian Road, stating that the standard "GO SLOW CHILDREN" sign is the only sign which would be appropriate for Lillian Road near Anthony Road, although Traffic such signs are not very effective In addition two pavement markings Signs with figures of running children would be helpful, except in winter Lillian when snow and dirt may obstruct them. Road Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to instruct the Superin- tendent of Public Works to install the signs. Chairman Cataldo read a report from the Traffic Committee regard- ing parking on Waltham Street, stating that observation by the Police Department as a result of citizens' complaints indicate that cars parked along the westerly side of Waltham Street between Forest Street and Park Drive constitute a problem and a possible traffic hazard. Motorists making a right-hand turn out of Forest Street onto Waltham Street must make a wide turn which brings them into the middle ,of Waltham Street and may lead to a head-on collision with a northbound car. Four accidents have been recorded at this location since January of 1971 . Future construction and driveway exits from the Arts and Crafts Society and the Vine Brook Village across the street Traffic will further aggravate the situation. The Traffic Committee recom- Waltham mends that the Traffic Rules and Orders be amended and to request Forest 6 approval of the Massachusetts Department of Public Works Park Upon motion duly made and seconded, it was voted that the Drive Traffic Rules and Orders of Lexington adopted by the Board of Select- No men on November 13, 1967 are hereby amended by adding to Article V. Parking Section 2, Schedule 01, the following Location Side From To Type Parking Waltham Street West Forest Street Park Drive No Parking ' Approval of the Massachusetts Department of Public Works is to be requested in order to implement the change 166 Chairman Cataldo read a report from the Traffic Committee in reply to a complaint received from Dr. Howard Smith of ,476 Bedford Street requesting a review of the traffic pattern in front of his veterinary hospital . The report states that Dr. Smith has a valid complaint and that not only the veterinary hospital but the motel, tennis club armory and several residences are affected by the double solid lines on Bedford Street prohibiting left-hand turns Since no provision exists for reversing direction at Hartwell Avenue intersection, motor- ists must travel considerable distance into Bedford or on Hartwell Traffic Avenue and make a U-turn, adding to traffic congestion. We believe Bedford that the ultimate solution must be a redesign of Bedford Street, Street particularly of the Hartwell Avenue intersection to permit a reversal of direction, such as by means of a split rotary. Until this happens, property owners on Bedford Street should be permitted to enter and leave their driveways in a reasonable manner and without violation of the law prohibiting the crossing of the double yellow line. Since this portion of Bedford Street is a state highway, we recommend that the Selectmen request the -Massachusetts DPW to provide a reasonable number of breaks in the double yellow lines for left- hand turns, or to indicate by signs or otherwise that crossing the lines is permitted for necessary left turns. Upon motion duly made and seconded, it was voted to request the Massachusetts Department of Public Works to break the lines in specific areas on Bedford Street, subject to a plan being submitted by the Town Engineer to be forwarded for approval by the Massachu- setts Department of Public Works. Chairman Cataldo read a report regarding a request from the Board to give a priority on a sidewalk on School Street, stating School that while the Traffic Committee has recommended the installation Street of a sidewalk on School Street, the relative priority of this pro- Sidewalk ject can only be established in comparison to other sidewalks proposed. We have no Information regarding these at the moment but we understand that a list of proposed sidewalks is in preparation by the office of the Town Engineer and when this becomes available, we shall rate the priority of School Street relative to other sidewalks on the list. Mr. McSweeney informed the Board that a list of sidewalk• prior- ities would be presented to the Traffic Committee at a meeting to be held tomorrow, December 7. Chairman Cataldo informed the Board that bids have been reCeiVed on the printing of the 1971 Town Report, as follows Semline Incor- porated, $5,678; Somerville Printing Co. Inc , $5,900; Congraf, Town $6,000. Semline Incorporated has printed the report for the past Report three or four years, and Mr. Zehner recommends that the contract be awarded to the lowest bidder, Semline Incorporated. Upon motion duly made and seconded, it was voted to award the con- tract for the printing of the 1971 Town Report to Semline Incorporated in the amount of $5,678, subject to the conditions set forth by Mr. Zehner, Chairman of the Town Report Committee. 161 The Board agreed to schedule a joint meeting on next Monday evening on a land acquisition program with the Planning Board, Conservation Commission, Recreation Commission, Capital Expenditures Committee and the Appropriation Committee. Also, to discuss Peacock Farm' s easements with the Planning Board. The Board agreed to meet on Saturday morning, December 11 , to dis- cuss budgets. Chairman Cataldo informed the Board that e`request has been re- ceived e- ceived from Mrs. Charlotte Goodin of 9 Pearl 4reet for a water main extension. The property is presently serviced by a substandard well and there is inadequate water pressure to support a proposed new heat- ing system. The Town Engineer has reviewed this request and recommends that approximately 300 feet of 6-inch water main and appurtenances be installed from Bartlett Avenue to the end of Pearl Street. This recom- mendation is based on the fact that the installation in the entire Goodwin length of Pearl Street will provide for future services for adjacent Water properties and will be suitable for routine water main maintenance. Main If this request meets with the Board' s approval , we will prepare the Extension necessary orders of construction. The authority for this work would be covered under Article 13 of the 1967 Annual Town Meeting for water main construction, which would cover the estimated cost of $2500. Total betterments would be $300.00 and $328.50. Upon motion duly made and seconded, it was voted to authorize the I Town Engineer to extend the water main up Pearl Street a distance of 300 feet and install a hydrant, in order to service the property owned by Mrs. Charlotte Goodwin, 9 Pearl Street. Upon motion duly made and seconded, it was voted to adjourn at 10.50 p.m. A true record, Attest Executive Clerk, Selectmen I tG8 I VOID I I _ 3 SELECTMEN'S MEETING December 20, 1971 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, December 20, 1971 , at 7:30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riff in; Mr Legro, Town Counsel , Mr O'Connell , Town Manager and Mrs. McCurdy, Executive Clerk, were present. Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate one pole on Theresa Avenue Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr Dunn of the New England Telephone Company, and Mr. Kelley of the Boston Edison Company were present. Mr Dunn explained that the Theresa Ave pole has been relocated, to the satisfaction of the property owner Pole Re- No one appearing in favor or in opposition, the Chairman declared location the hearing closed Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company and the New England Telephone Company for the following location 111 Theresa Avenue Relocate pole 127/4, sixteen feet southeasterly, one ( I ) pole; also remove one ( I) pole. Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate one pole on Marren Road, northwest of Middle Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan and also filed with the Town Engineer Mr Dunn of the New England Telephone Company and Mr. Kelley of the Boston Edison Company were present Mr Dunn explained that the pole was to be relocated 5 feet to enable the owner to have more room Marrett Rd. at the driveway. Pole Re- No one appearing in favor or in opposition, the Chairman declared location the hearing closed. Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company and the New England Telephone Company for the following location: Marrett Road Southwesterly side, approximately 460 feet north- west of Middle Street, one ( I ) pole (one existing JO pole to be removed) Mr. Legro requested the Board to rescind the vote of December 6, 1971 and to vote to sign a new deed to convey a parcel of land on Waltham , Arts ;4 Street to the Arts and Crafts Society, eliminating a small 4 ft strip of Crafts land. Land 174 Upon motion duly made and seconded, it was voted to rescind the vote of December 6, 1971 to sign the deed to convey a parcel of land on ` Waltham Street to the Arts and Crafts Society, subject to the restriction on the rear parcel that it not be paved for parking or used for parking for a period of 99 years. Upon motion duly made and seconded, it was voted to sign the deed to convey a parcel of land on Waltham Street to the Arts and Crafts Society, subject to the restriction on the rear parcel that it not be paved for parking or used for parking for a period of 99 years. Mr. Legro requested the Board to sign the deed to convey the parcel Lexington of land to the Lexington Housing Authority to enable them to have a 55 Housing ft. frontage. Authority Upon motion duly made and seconded, it was voted to sign the deed Land to convey a parcel of land on Waltham Street to the Lexington Housing authority. Mr O'Connell requested the Board to approve the following Requests for Transfers from the Reserve Fund. I . $4,000 to purchase additional fill at the sanitary landfill, During budget discussions, there was an indication that we would require Transfer substantially more fill under the State standards but we agree to try to DPW run within the budget. We now find we need a transfer of $4,000. ' Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account 5850 in the amount of $4,000. 2. $5,000 for the sewer maintenance account We reduced Myrtle Transfer Street from $15,000 to $10,000 in operating costs; to continue to Sewer operate at the old operating level, we incurred a cost of $5,000. Maint Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 5700 in the amount of $5,000. 3. $150 request from the Comptroller for Article 10 of the 1971 Annual Town Meeting Warrant. Money was appropriated for payment of Transfer pensions to retired members of the Police and Fire Departments and Pensions their dependents, and the Comptroller had estimated a lower cost of living increase; therefore, funds would be $150 short Upon motion duly made and seconded, it was voted to -request the Appropriation Committee for a transfer from the Reserve Fund to Arti- cle 10 of the 1971 Annual Town Meeting, in the amount of $150. Chairman Cataldo requested the Board to approve a request for a Transfer transfer from the Reserve Fund to the Town Report Account 1760 for Town $450 for out-of-pocket expenses incurred. Report Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 1760 in the amount of $450 II/ 11 tit Chairman Cataldo informed the Board that a request has been re- ceived from the Town Celebrations Committee for a transfer of $800 to Transfer cover expenses incurred because of the increased cost of Town parades Town and activities connected with holidays Celebra- Upon motion duly made and seconded, it was voted to request the tion Appropriation Committee for a transfer from the Reserve Fund to Account Committee 2400 in the amount of $800 Mr. Mollo-Christensen met with the Board to discuss the Regional Technical Vocational High School . Mr Mollo-Christensen Arlington is asking our cooperation in their efforts to change the representation of the Regional School Com- mittee. The Regional School Committee appointed a subcommittee to report tomorrow on the course of action. As a member, I can only speak for myself that the Regional School Committee take the following action to order its secretary to request the Board of Selectmen in each of the 12 member towns to put an article in to change the agreement so that in a sense the representation of the different towns be changed, as re- quested by Arlington That means the School Committee will request the towns to put an article in. The School Committee will not take a posi- Regional tion on the merits of this but feels the committee will have a few more Vocational members, like two more from Arlington, one from Lexington and one from Technical Belmont If it went beyond sixteen members, it would be a rather un- School wieldy body. Also, tomorrow night we will have a cost analysis showing Committee net costs to towns when the school is open, taking into account the state support and new interest on bond issues. It looks like Arlington will have the largest net cost, the next town is Sudbury, etc. Lexing- ton is number 5 or 6. My personal opinion is that this will not give the suggested change in representation; it will not give a representa- tion proportional to the cost to the town, as expressed in the letter from the Arlington Board of Selectmen. It is suggested to be based on population; when the towns grow, that means the School Committee will have to grow with, the population, and we would have a large and un- wieldy school committee We will recommend that the School Committee take no position; there are strong feelings about the issue The reason to put it on the ballot now is to attempt to have the matter settled so it will not be cloudy or delay the construction of the school by having pending problems on representation or other portions of the agreement when we go for authorization You are aware of the fact that it requires that Town Meeting of each of the member towns approve this proposed change before it can take effect I think it is rather likely that at least one town will vote it down and so the issue may already be Moot, but it should be put to the voters or to the Town Meeting for them to decide Chairman Cataldo What happens then if one town turns it down? Mr Mollo-Christensen The agreement stays as it is unless it is changed by each of the towns. Chairman Cataldo 1 understand that To go a step further, if the appropriation comes up and one votes down the capital appropriation, what happens then? 176 Mr Mollo-Christensen Then there is no capital appropriation. Mr Cataldo You say to settle it once and for all, but why don't you want to take a position? Mr. Mollo-Christensen I think we can work as it is now; I don't think it will make much difference Chairman Cataldo To your knowledge, for Arlington to have the change in attitude that they agree to, is there any change in the people there involved, in their attitude and thinking? Mr Mollo-Christensen I don't think so. 1 think some of the proponents of the agreement have been fully aware of the consequences as proposed, and pushed and circulated it to the voters Chairman Cataldo As I read Arlington' s Warrant, this was in- serted at the request of the Town Manager r Mr. Mollo-Christensen I don't know the details. I spent some time with members of the Arlington Board, the School Committee, School Facilities Planning Committee and the League of Women Voters and we now feel the understanding of the knowledge of the clauses, in the agreement as. it exists is much more widespread, and we have man- aged to clarify some of the questions which, perhaps, were put too late in Arlington. -Chairman Cataldo I ,just wondered what prompted them to change- their minds Mr. Mollo-Christensen It was suggested to me by public officials that the Arlington voters didn't know what they were voting on at the annual town election Mr Busa If Arlington refuses to appropriate the money, it means you have to go back and start all over again? Mr. Mollo-Christensen I do believe in working with them as intensively that they understand better and we have managed to re- move a large number of misunderstandings and misconceptions and we would have a good chance to proceed. Mr. Bailey I have heard they can do this with three or four members, as they can do now That' s all I wanted to hear. Mr. Busa Do I understand you are not going to make a recom- mendation? Mr Mollo-Christensen Whether the School Committee recommends or not doesn't matter Mrs. Riff in How many of the towns are under 10,000? Mr. Mollo-Christensen Concord, Wayland, Sudbury, Boxborough -is the lowest. When you specify three representatives of each town and make up this agreement, that sets the tone of the agreement. Chairman Cataldo Do 1 understand that you are asking the Board to insert an Article? Mr. Mollo-Christensen We request you to insert an Article through our secretary, as specified in our agreement Chairman Cataldo How far have you gotten on the designer or architect? Mr Mollo-Christensen We expect to vote tomorrow to pick an architect and expect to vote on the site because we have an engineer- ing report on a site and we expect to vote on the educational plan tomorrow. I 177 I Chairman Cataldo thanked Mr. Mello--Christensen for meeting with the Board. Mr. Mollo-Christensen retired from the meeting Mr. Mark Moore met with the Board. Mr. Mark Moore This is a joint venture with Spaulding and Slye I would like to introduce Mr Kreutzjan of the development team with Spaulding and Slye One of the reasons for my being involved with them was they are the first in Massachusetts to produce a condominium and it is in Wellesley We tried to analyze the reactions of Town Meeting members and the reaction of the town itself which vetoed MHFA, and tried to come up with a solution and a social benefit. We increased the area of 12.9 acres by an addition andit is planned for 75 condominium units, plus 16 for elderly housing, to be subdivided into two pieces, one being an area of an acre for elderly housing next to the Lexington Lumber Com- pany and a larger subdivision for condominium units. We will have an area for two tennis courts and a swimming pool and will install a fence, and two and half acres will be left for conservation. In addition to that, we have taken surface parking and put it underground; every unit wi• II have a garage facility, and a small amount of parking on the sur- face ( 16) will be for visitors The attempt is to try to produce some- thing that will pay taxes and take care of the elderly and end up with 8 units per acre, and to put all parking that we can underground. We Mark have retained Royal Barry Wills to design it in traditional colonial Moore' s with fireplaces and large chimneys and the total concept will be attrac- Project tive and look like single units. People will pay taxes and have mortgages, Like in Wellesley, it will be 75% of the people Of Lexington& We have discussed the elderly feature with the Housing Authority and have met with HUD on a turnkey proposition where you deed the land over to the Housing Authority and set up a package to take care of the back- log of people who are interested in this kind of unit. We are coming in early to see how we can incorporate suggestions before Town Meeting. Chairman Cataldo You say to deed the land to the Housing Authority, not to build the buildings? Mr. Moore We told the Housing Authority we would deed the land for $1 .00, the best approach is to do a turnkey project under 236 Chairman Cataldo In other words, sell 16 units to Housing; you would build them and turn it over 'to them? Mr. Moore Yes. It is pretty hard to stay within cost limits of 236. We feel we can stay within these, only because we are building other units at the same time. Chairman Cataldo What is the attitude of the railroad? Mr Moore We are checking that out now and hope to have a formal answer for you. Mr Kenney Do you have a projected guestimate of what these units will cost? Mr. Moore The elderly will be rental units, to be turned over to Housing. We are talking about a rental of $101 to $184 a month under the present 236 subsidized program. On the purchase price of a condo- minium, we are planning to subdivide, we will have ten units at $24,000 to $29,000; in addition we will have the balance of the units (65) in the range of $32,000 - $65,000; the average is somewhere in the low $40,000's. 178 Mrs Riff in Tell me about the circulation; will it be 2-way coming out? Mr Moore Yes, because of elderly housing, it must have its own frontage, which it does. Both will be 2-way, inter-connected There will be I6-one bedroom for the elderly; 24-two bedrooms and library, 48-two bedrooms, 3-one bedroom; a total of 91 units. Mr Kenney I can understand the social impact of the 16 units but not the others. Mr. Moore We have increased the density and tried to hide the parking We have talked about increasing the number of units in the $20,000 range; we have 10 between $20,000 - $29,000. There is no question to build a unit to be accepted in this town you are talking about $45,000 to $50,000. We have met with the residents and about 25 came People tell us they are friendly opponents and some were against anything we proposed. We answered a lot of their questions and they liked the concept better-than the one before We hope we might have your interest and support after you discuss it. Mr. Mark Moore retired from the meeting. Chairman Cataido read a letter from Anthony C. Busa stating that he would like to proceed with the plans of purchasing lot 38 Rockvrlle Rockville Avenue to combine with Lot 37 to build one house Avenue Chairman Cataido• This is the lot that Town Meeting authorized Lot us to sell . We should have an appraisal made and then advertise it for sale. Upon motion duly made and seconded, it was voted to have an ap- praisal made on Lot 38 Rockville Avenue Chairman Cataido read a letter from the Arlington Board of 4lect- men stating that it had voted to recommend to the Finance Committee a reduction in the requested assessment of the Mystic Valley Mental Mystic Health Association from $37,800 to $31,058 It is suggested that con- Valley sideration be given to supporting a revised formula that would Mental apportion costs to member towns based on use of the Mystic Valley Health Mental Health Association Service. Mr Bailey Mr. Lambie, Mr Bernier and I met with representa- tives of the Association on the budget problem but we can't make much headway until the statistics are in I propose we send a letter to Arlington that we are interested in the approach they take, that we expect a report soon, and will keep them informed as to our action. The Board agreed to write to the Arlington Board of Selectmen. Chairman Cataldo read a letter from the Planning Board on open space acceptance and requesting that Articles be prepared by Town Counsel and inserted in the Warrant confirming the action of the Articles Board of Selectmen in accepting, on behalf of the Town, the follow- ing parcels of land in connection with cluster subdivisions 1 Off Village Circle from Village Development Corporation. 2. In the Drummer Boy subdivision from Oneida Corporation. I 179 Chairman Cataldo to Mr Legro Do you have the descriptions? Mr Legro Yes. The deed in the Village Circle area is all re- corded and deeds are drawn for Drummer Boy subdivision, and I assume they will be executed within the next 10 days. Upon motion duly made and seconded, it was votefl to insert two Articles on open space acceptance, as requested by the Planning Board Chairman Cataldo read a letter from the Chamber of Commerce re- questing that an Article be placed on the Warrant to provide additional parking space in the area between Meriam and Grant Streets. Center Chairman Cataldo We will answer that we are evaluating the area Parking and will come up with a decision at budget time. Meriam The Board agreed to discuss the matter when the Superintendent of Street Public Works submits his report on the area Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on December 6, 1971 . Minutes Upon motion duly made and seconded, it was voted to sign the Common Victualler licenses for the following (Approved by the Board of Health) Common Arno Associates, Inc Old Lexington Restaurant Victualler 32.1 Woburn Street d.b.a. Mario's License 1733 Massachusetts Avenue Upon motion duly made and seconded, it was voted to approve the re- Water quest of the Superintendent of Public Works and sign the water abatement Abatement to Hanscom Field, in the amount of $57 46; billed twice Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting The Board discussed recycling and agreed to implement recycling Recycling Upon motion duly made and seconded, it was voted to implement recycling and to add $3,000 to the Public Works' budget for this pur- pose. Upon motion duly made and seconded, it was voted to adjourn at 9 55 p.m. A true record, Attest J41)- 9/6,e_e4,y Executive Clerk, Selector 180 SELECTMEN'S MEETING December 27, 1971 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, December 27, 1971 at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were present. Jurors At the request of the Town Clerk, two jurors were drawn as follows Allan J. Lane 11 Carol Lane Harry L. Pollock 2 Partridge Road Members of the Fire Department Union met with the Board. Mr. Bailey The membership of Local 1491, International Associa- tion of Firefighters, has approved the 1971 contract with the Town of Fire Lexington The terms were previously approved by the Board during" Union negotiations this year. This Board will vote to authorize the Town Contract Manager to sign the contract. Upon motion duly made and seconded, it was voted to authotize the Town Manager to sign the contract between Local 1491, International Association of Firefighters, and the Town of Lexington, for the period of April I, 1971 through March 30, 1972. Mr. Legro informed the Board that under Article 51 of the 1971 Annual Town Meeting, it was voted to authorize the Selectmen to re- Whipple lease any claim of the Town in a right of way on Whipple Hill . I have Hili prepared a release and request the Board to sign it. Right of Upon motion duly made and seconded, it was voted to sign the Way release of any claim of the Town in a right of way on Whipple Hill, as authorized by vote of the 1971 Town Meeting Mr Legro informed the Board that this is the last meeting before the exercise of option of December 31, 1971 to purchase the land be- longing to LeRoy Titelbaum. The papers from the Department of Natural Bal lou b Resources have been received, but we have not received them from HUD. Titelbaum I have prepared the forms for the exercise of option for Dr Titelbaum Options and, also, the exercise of option for Margaret Ballou. The Board could sign, subject to approval from HUD Upon motion duly made and seconded, it was voted to sign the exercise of option on December 31 , 1971 to purchase land belonging to Margaret Ballou and the exercise of option to purchase land belonging to LeRoy M Titelbaum, subject to approval of HUD being received no later than Thursday afternoon, December 30, and to mail the options no later than Friday morning, December 31 , 1971 I 181 Mr William Hamilton met with the Board Mr. Hamilton My reason for coming here is that the Warrant is closing soon and I would like to discuss Article 79 of the 1970 Town Meeting, which was voted for the acquisition of Lots 95A and 96A, and $26,000 was appropriated. I have been doing negotiations with the Conservation Commission and now we are at the end of the line and are not going anywhere 1 have made a few proposals relative to the area on Concord Avenue and Spring Street which 1 own or control , and ask the Selectmen for some definite action on two parcels, the Sadler 10 acres and mine Basically, I want to have the Selectmen direct the Conservation Commission to take it or not take it - one or the other If it is not taken, I don't know if it is possible to put an Article in the Warrant to have the vote rescinded. At this point in time, I' am open to discussion with the Board or anyone, it will be two years in March. I have talked to the Conservation Commission and can't seem to get anywhere Chairman Cataldo I think you know the Board' s feeling, as we , have discussed it several times. I talked with the Chairman of the Conservation Commission this afternoon; as far as this Board is con- cerned, we cannot direct him to take any action in either case. They have a Board with their responsibilities. We only make a taking at their request Mr Brown is willing to sit down with you any day this week that you are available and I will sit with you. Mr Hamilton In 1968, I came to Town Meeting for a change in zoning for the Spring Street area Since that time, I have had control of the land; I owned part of it and had some under an option. Has the Board given thought on future land use between Route 2, the Waltham Hamilton line and Five Fields? I find that over the years the situation has Land changed; one year the economy is such that an office research park is out the window because people are in a depressed area. I feel some- thing should be done to protect the people on Spring Street and I am in a position to work with the Town If the Board of Selectmen would be willing to sit with me and the people in that area, it may be possi- ble to work something out that is acceptable. Chairman Cataldo We all hear what you are saying. I have yet to see the Selectmen initiate a zoning change. Mr. Hamilton It has been up many times. Chairman Cataldo The Board has supported it but Town Meeting and the Planning Board have not seen fit to go along Mr Hamilton Any suggestion as to what to do about it? Chairman Cataldo There is no question in anyone's mind - you start with the Planning Board. Mr. Hamilton It is difficult to go to the Planning Board unless it is something they come up with, it is hard to get a proposal through. Chairman Cataldo For this Board to start talking an overall plan for en area for this Town Meeting. ... Mr Hamilton I am not saying for this Town Meeting. It origin- ated in 1968 and four years have elapsed with nothing done. If I do not get anywhere with the Planning Board, I have to go to the Board of Selectmen to do something to keep the taxes down; whether this Town meeting oP the next I fee l the Board can do something 182 Chairman Cataldo The Board can discuss it. Mr. Hamilton: I just think we have to sit down and talk it over I have talked to several people who are large landowners and they are frightened to death, I am not saying anything against the Conserva- tion Commission, but people are frightened about wholesale land acquisition. Chairman Cataldo As far as the rights of individuals being taken away, this Board can go on record that people will be treated fairly and squarely Regarding your proposal , I will talk with Mr. Brown tonight and we will meet with you this week to talk it over. Mr. Hamilton agreed and retired from the meeting. Mr O'Connell requested the Board to approve a transfer to the Conserve- Conservation Commission Account 2460, in the amount of $200, because, tion Comm of the increased time spent by the secretary completing the necessary Transfer forms for federal and state reimbursements. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to the Conservation Commission Account 2460, in the amount of $200. Mr. O'Connell informed the Board that a notice of a hearing on Air January 14 has been received from the State Department of Public Pollution Health regarding proposed new and revised regulations on air pollu- tion. Mr. Heustis is to summarize what the impact means as far as Lexington is concerned. Lexington will be affected in a few areas. . + Chairman Cataldo read a notice from the Secretary of the Minuteman Regional Vocational Technical School District submitting a proposed amendment to the agreement and requesting the insertion Article of an Article in the 1972 Annual Town Meeting. This amendment would Minuteman change the composition of the Regional District School Committee from Regional one member from each member town to provide in substance that the Vocational Committee shall consist of one member from each member town having a Technical population of 20,000 persons or less, two members from each member School town having a population of more than 20,000 but less than 40,000 persons and three members from each member town having a ,population of 40,00 or more persons, population being determined in accordance with the most recently published Federal census. Upon motion duly made and seconded, it was voted to insert on Article in the Warrant Chairman Cataldo read a request from James M. McLaughlin, 55 Fence Asbury Street for a safety fence to be erected between the Maria Maria Hastings School and Route 128 Hastings Upon motion duly made and seconded, it was voted to refer the & Rte 128 matter to the Superintendent of Public Works for a recommendation Chairman Cataldo read a letter from Dr Monderer regarding the Youth establishment of a Youth Commission Commission After discussion, the Board agreed that Mr. Kenney and Mr. Buse would review the proposal and report back on their findings for con. sideration by the Board. 1S3 Chairman Cataldo read a letter from the Planning Board recommend- ing that an Article be inserted in the Warrant for land taking at the corner of Ferre Street and Pleasant Street to improve traffic condi- tions. The exact limits of the taking should be determined by the Town Engineer or the Traffic Committee and, if possible, negotiated Article with the homeowner, Richard J Milewski The Planning Board believes Fern $t & this Article should properly be sponsored by the Board of Selectmen Pleasant St but would be prepared to support it in the Town Meeting. Land Taking Chairman Cataldo to Mr McSweeney Would you have enough time to prepare a survey on the land taking for the Article at this late date? Mr McSweeney I don't know what is available, but we have enough time Chairman Cataldo We need the right description for the Article. A hearing would have to be held unless you are just going to take some land at one point Mr. McSweeney The intent is to widen it and we would have to lay it out Mr McSweeney was instructed to make the necessary arrangements Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for land taking at the corner of Fern Street and Pleasant Street Mr Frank Michelman met with the Board to discuss scattered site housing Mr Michelman I am here on the current status of what has been a kind of 3-way conversation with the Scattered Site Committee, the Lexington Commission on Suburban Responsibility and the Planning Board The Scattered Site Committee is a group of seven people loosely affiliated with LCSR The membership is divided between those who have supported the proposition for multiple subsidized housing and those who are not, but come together to work together on a so-called scat- tered site approach. The group has three different elements in mind Scattered when you use a scattered, geographic pattern spread across Town. Housing Housing of the sort explored here would not be high-rise or garden type but single dwelling duplexes with three attached units, or not more than four units We primarily talked about single dwellings The element of proprietary, when you begin talking scattered sites would be the occupant, at the outset, finds himself in the position of an owner and building up equity interest in the home as they are handling the mortgage financing When you talk about this in Lexington, it quickly becomes clear that the first principal hurdle is the high land cost, even with the assistance of the state or federal government. Under the federal 235 program, which is a prime possibility for this, the subsidy is directed to the home purchaser, not the developer who builds the house and sells to the person whose income makes it low enough for assistance. HUD chips in each month an amount of 20% of the inclme The condition is that the house not sell for a certain amount; a maximum of $21 ,000 for a 3 bedroom house. The builder has been able to acquire land and pay all associated costs, professional fees, etc and to sell the house for $21,000, and has talked about a profit. In doing so, giving Lexington land costs, you are not going 184 to do that if land has to be acquired for the market price. We looked around to see if land could be acquired less expensively by using Town- owned land, tax title land, and to take our view to the 235 program and see if tax title mots are geographically scattered in terms of both physical buildability and in legal condition to build; they would have to be laid out fronting on an existing street, have grandfather privi- leges and not too big to have the Town make a bargain sale of it; to have a program that would not impose a significant cost on the Town for disposing of tax title land. With the help of the Planning Board an inventory was made of existing tax title and old Assessors' maps. We feel we were able to identify the lots that possibly would qualify with all the specifications, something in the range of 16 to 20 lots. Each lot with a house possible under the 235 program, possibly under Turnkey 3, which would involve the Housing Authority if they werreinter- ested in such a program. We have come to, at this stage, concurrence of the Planning Board that we ought to place an Article for Town Meeting to authorize the Selectmen to dispose of lots on appropriate terms. Chairman Cataldo You mean $1 .00? Mr Michelman It could well be $1 00 but we won't have a final answer until it is closer to March, if not less than any minimum which may be set in vote under this Article, leaving it to the motion. Chairman Cataldo The motion would have to carry the money. Mr Legro The motion could set the minimum which could be zero. Mr Kenney What would your basis be for selecting owners? Mr Michelman For the subsidy program, the sponsor would make advance arrangements with HUD for 235 subsidies The purchaser must be eligible with an income below a certain level . It is hard to pin it down for Lexington because there is no 235 in Lexington. For 235, we are talking about a family of a size suitable for a 2-bedroom house with an income in the upper $8,000 or low $9,000 If you use the Turnkey program, you are getting down to families with a much lower income and Housing would be pretty much in control, that program in- volves working out advance arrangements with HUD, Housing Authority and non-profit owner The other one puts a family into the house and makes payments like the Housing Authority HUD spends -that pay- ment each month so the developer gets enough to amortize his mortgage and pays carrying charges It is supposed to build up an equity of $200 and, at that point, establish an owner instead of a tenant, and pay at a somewhat faster rate and build up equity and at any point take over the financing itself and it becomes self-sustaining. Mr. Kenney Would the family be able to sell the house for-a profit? Mr. Michelman There is nothing under the program itself to solve that; that is a problem. I don't know if it could be written into the Town' s deed giving the Town the right of first refusal if he sells the house Chairman Cataldo As I understand it, you have nothing con- crete you are proposing. Mr Michelman I have a map We were hoping, between now and March, one or more concrete proposals will emerge. 1 185 Chairman Cataldo Do you think you are prepared to go to Town Meet- ing with this? Mh. -Micbelthati , There is little chance that Town Meeting would vote this but it is our intention to have a proposal more detailed. Chairman Cataldo There is no question there is support for this approach but you have a lot of work to do I would find it difficult to have the town go in for anything but a non-profit organization that would have complete control of it I can't see giving the opportunity of selling at a profit and make it available to another family with a low income I can't see going into a program that would be a dead end; We should give these people a chance to get started and once on their feet to go on to their own standards of living. I see the purpose of such a. program Mr Michelman You raise a critical issue That kind is more on the program of public housing and might not be run by a public agency. You suggest housing owned by a non-profit organization and which is leased for a term which could be renewed a number of times. Chairman Cataldo I don't think we need federal assistance Mr. Michelman That is an issue which is open. We have tried to draft an article to make it possible to leave some of these things open and at the same time write a motion to close up some of the issues at this stage. Mr Cataldo. Who is in the group? Mr. Michelman Lexington Commission on Suburban Responsibility and a Scattered Site subcommittee. This proposal has been presented and discussed at two meetings of the LCSR this fall and, as far as I know, there is no dissent from any member Chairman Cataldo Are you asking us to insert an Article? Mr Michelman It may be the Planning Board may want to sponsor an Article I am not, at this point, asking the Board to insert one If it is done, it would say at the request of LCSR. If, for some reason, the Planning Board doesn't, we would be asking the Board to insert and hope you would think it advantageous to have sponsorship. Chairman Cataldo You are not changing the need for land? Mr. Michelman The Planning Board sees it and we will be talk- ing with the Housing Authority I will talk with the Planning Board next Monday, and I will be back I hope as we move on to Town Meeting the Board will let us have the benefit of its thinking. Chairman Cataldo There is no question, I have definite feeling on the approach to low income and would like to discuss it as an indi- vidual . As a Board, we support the approach. Mr. Michelman said he would come back to the Board. He retired from the meeting. Mr Kingston Howard, Chairman of the Bicentennial Committee, met with the Board. Bi- Chairman Cataldo We have received your report on the work you Centennial have done and we support you wholeheartedly Committee Mr. Howard I wanted to meet with you as this is the last chance to take action relative to the approach for the coming Town Meeting. 186 As indicated in the report, we are not prepared for a real outline of events of 1975, but we have developed enough areas of community inter- est which, if they come to fruition, would be rather costly, we can't project a specific cost for Lexington's 1975 without being able to first give an outline of a plan. Therefore, the best estimate is $100,000, which Concord used. All of this is leading up to the oppor- tunity which has been given to us and other towns for 1975, to lay away funds from year to year to be able to more intelligently plan for these events without asking the Town to come up with an extraordinary amount in a single year. Our Committee will be expecting to formalize a vote, to submit a vote to you for your approval, to be included in the next Warrant Chairman Cataldo Would you be deciding then, too, on the re- quests of the Historical Society? Mr Howard We will be receiving it and will study it and vote action for an Article for some future one beyond this. Mr Busa Regarding a permanent memorial, 1 have talked with Dick Michelson, President of Rotary, and his organization and Kiwanis are interested in building a permanent memorial and assume the entire cost of construction and write it off over 10 or 15 years. Chairman Cataldo The Lion' s Club is also interested. Mr Busa They wanted permission to put it somewhere around the Battle Green. Chairman Cataldo Say you request $750 for next year - i agree you should come in with an Article but wouldn't want a sum that great but there should be an overall commitment of some magnitude. The main thing is to appropriate a sum to work with and not have a large sum to just lay there Mr Howard We talked with Mr Morey on Public Trust Funds and the LeRoy S Brown fund has a liquidated value in 1975; we also pointed out that the Gilmore fund has an $8,000 to $9,000 principal and $8,600 accrued interest. Mr. Morey said it would have to be studied by Town Couhsel on whether it is an unforeseen emergency. Chairman Cataldo We will vote it for next year and just use it as a contingency It is your responsibility to submit an Article and Town Counsel will redraft r tt i t. Mr. Howard agreed and retired from the meeting Chairman Cataldo read a report from the Traffic Committee re- garding the complaint from the residents of Vine Brook Road on parking. The report states that our Zoning By- law does not require businesses II Traffic in the central business district to provide off-street parking for, Vine Brook their employees and customers Two recent attempts by the Planning Road Board to introduce such requirements failed. The beautification of the Center has reduced the number of spaces available on Massachusetts Avenue and the recommendations of the 1966 EDA plan for additional off-street parking have not been implemented Under the circumstances, parking congestion in the center is more or less inevitable. the Traffic Committee recommends I . 81 I Emphasis on enforcement by the Police Department with regard to improperly or illegally parked vehicles. Chief Corr has agreed to do this 2. At the time of public hearing by the Board of Appeals on the petition of the Telephone Company for an addition on Waltham Street, company representatives assured the Board that no Telephone Company cars will be forced to be parked on the streets as a result of the addition. We recommend that a letter be sent to the Telephone Company reminding it of this statement and requesting that their employees and service vehicles do not park in Vine Brook Road or Waltham Street and instead use the metered parking lot next door. The Board agreed to write to the New England Telephone Company and remind them of the statement made at the Board of Appeal' s hearings on April 13, 1971 . Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Identification Card for Jeffrey L. Son, 1 .0 24 Baskin Road. Card Chairman Cataldo said,that the Board has discussed the land acqui- sition program and neither the Appropriation Committee nor the Capital Expenditures Committee has submitted anything to us The Board members have received copies of the reports submitted by the Planning Board, Land Conservation Commission and the Recreation Committee. Acquisi- Mr Busa If no one is interested in coming up with a concrete tion idea, we could go along the way we have been doing it. Policy The Board agreed to discuss the land acquisition policy on next Monday evening Chairman Cataldo said that we have asked Mr McSweeney for a re- port on the parking lot between Meriam Street and Grant Sgreet. Mr McSweeney showed a map of the area and discussed three plans I . 155 spaces for parking, this would add 91 spaces At a cost Meriam of $53,000, we are getting 91 spaces at $589 per space. Street Parking 2. An additional 156 spaces at $782 per space, at a cost of Lot $122,000 3. For 241 additional spaces, we would have to lay out Sherman Street For 291 additional spaces at $1 ,270 per space, at a cost of $306,000. Mr McSweeney discussed the possibility of including this in the Article TOPICS Program and, also, a high-rise parking garage Meriam Chairman Cataldo I would not want to see a parking structure St Park- because of the many problems involved in maintenance, policing, etc ing Lot 188 Mr Kenney How many spaces in that lot now? Mr. McSweeney 265 spaces. Mr. Kenney An addition of 80 or 90 spaces is fine. If there is any way to apply for federal aid, apply for it. Mr. Bailey We have to decide what this parking is for. Mr. McSweeney I think it is basically for the employees in the area. As 1 understand it, the Board would like a price on Scheme I, in addition to a pedestrian access; an Article for 91 parking spaces with a figure of $50,000. Upon motion duly made and seconded, it was agreed to insert an Article in the Warrant for the rebuilding of the parking lot between Meriam Street and Grant Street on the Town-owned portion of land, carrying a figure between $40,000 and $50,000. Mr. McSweeney discussed Chapter 90- 1972 for East Street and in- formed the Board that we only have $120,000 to build from Lowell Street to Grant Street but the commitment to Chapter 90 is for all of East Street, to go along on a continuous program. The Commonwealth Chapter of Massachusetts informed us that we don't have enough money. From 90 the Woburn line to the middle of Ridge Road is the first section of the 1970 money; the 1971 section is going from Lowell Street to the culvert. Chairman Cataldo I can see committing for East Street and Spring Street and finishing up East Street from Lowell Street to the culvert to the intersection; the money is available. We can't go to Town Meeting for more money. It was agreed to discuss the matter with the State Department of public Works to try and resolve the situation. Mr. McSweeney said that the Board will have to consider how to use $135,000 which will be our portion of the one-cent gasoline tax increase. It can't be used to build a street to less than the stand- Highway and requirements. It looks as though it will come in as a check; Tax Funds last year we received $57,000 and it went right on the cherry sheet. This year, it will come directly as cash. Mr. Legro It generally comes into a special fund and you have to appropriate it out. It might be possible to use it for snowplowing, but that has not yet been decided. Chairman Cataldo to Mr. McSweeney Get the information on the con- ditions we would have to meet in order to get it; then, we will make a determination. Mr. McSweeney agreed to check it out and come back to the Board. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. 189 ' After discussion of a matter of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 55 p.m. A true record, Attest b //CCruc -� Ixecutive Clerk, Selectmen 1