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HomeMy WebLinkAbout1976-08-02-BOS-min 162 SELECTMEN'S MEETING August 2, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 2, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Miley; Mr O'Connell, Town Manager, Mr Cohen, Town Counsel; Mrs McCurdy, Execu- tive Clerk, were present Guide Rev Handley, Director of Guides, recommended that the Board appoint an Official Guide Upon motion duly made and seconded, it was voted to appoint Miss Anju Soparkar, 12 Saddle Club Road, an Offical Guide of Lexington for a term expiring June 1, 1977 Pole - Chairman Kassler opened a hearing on the petition of the Boston Bos Edsn Edison Company for the installation of one pole on Williams Road Williams Notices were sent to abutters, as listed on the petitioner's plan, Road and also filed with the Public Works Department Chairman Kassler read a report from Mr McSweeney, Director of Public Works/Engineering, recommending approval of the pole location Mr Pratt, representing the Boston Edison Company, explained that the petition is for a street light on a pole on Williams Road Mr and Mrs Dollinger, 15 Williams Road, and Mr John Heye, 16 Williams Road, were present and had no objection as long as it was for a street light No one else was present in favor or in opposition and the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Williams Road, northwesterly side, approximately 110 feet south- west of Wyman Road - One pole Poles- At 7 33 p m , Chairman Kassler opened a hearing on the petition of Bos Edson the Boston Edison Company for the installation of three poles on Worthen Worthen Road southeast of John Poulter Road Road Notices were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department Chairman Kassler read a report from Mr McSweeney, Director of Public Works/Engineering, recommending approval of the location of the three poles on Worthen Road for the installation of street lights requested by the Town Mr Pratt, representing the Boston Edison Company, explained that the Town's request had been approved by Boston Edison Mr and Mrs Bernard Bernstein, 132 Worthen Road, were present and objected as abutters They felt that there is one pole on Kendall Road and another opposite that one; they had not requested the lights and they didn't need them, especially the one on the corner as there is one c Selectmen's Meeting August 2, 1976 around the corner on Kendall Road Chairman Kessler requested Mr Pratt to review the area and meet with Mr and Mrs Bernstein for further discussion Upon motion duly made and seconded, it was voted to table the peti- tion from the Boston Edison to install three poles on Worthen Road, northeasterly side, from a point approximately 275 feet southeast of John Poulter Road. Chairman Kassler publicly commended members of the Public Works De- DPW and partment and the Police Department for their actions in rendering assis- Police tance to the people of Lexington on many, many occasions He felt that Accolades all too often the focus had been on complaints and problems but we have received numerous letters from grateful citizens Mr O'Connell discussed the status of the selection of an engineer- Comprehen- ing consultant to conduct the comprehensive drainage study Inasmuch as sive Whitman & Howard had been awarded the Inflow-Infiltration study, he felt Drainage that it would not be in the best interests of the Town to award both Study contracts to them. Contract Chairman Kessler If they were close on the bid and somebody else could do the job as well I would concur but, if not, perhaps it should go to Whitman & Howard The Board agreed that Mr O'Connell is to arrange a meeting with the three low bidders and come back with a recommendation on the awarding of the contract for the comprehensive drainage study Mr O'Connell informed the Board that the Police Department had sub- Police mitted a report on towing for the month of July Mal's-13 calls; Bob's- Towing 12; B & R-17 calls It is planned to submit a monthly report for the information of the Board Mr O'Connell advised the Board of the current financial status of Town's the Town Overall, we are in an unfavorable, tight cash position re- Financial suiting primarily from a sharp decline in non-tax income, i e , the Status Cherry Sheet The official Cherry Sheet estimate for this year was $4 6 million and we now know that actual receipts will be $3 6 million The reduction is in State aid to education Transportation-$145,300; Chapter 766 Special Education-$418,400; Chapter 70-$384,000 The Treasurer has indicated a need to borrow to meet cash needs prior to November tax receipts, whereas in recent years he has been able to avoid this The impact is as follows 1 The Treasurer must borrow for current cash needs 2 No free cash (E & D) will be available for appropriation by the 1977 Town Meeting vs $1 6 million this year and $1 million to $1 5 million in recent years The new Town Meeting will face a $4 increase in the tax rate just to meet the FY 77 budget level 3 Other than a Reserve Fund of $150,000, which is only nor- mal, no funds exist which could be drawn on for a major 164 Selectmen's Meeting August 2, 1976 emergency (This is assuming the tax rate had been set ) Mr O'Connell asked the Board to consider the question of whether the plans for FY 77 expenditures should proceed as per budget level or should be cut back where feasible to reduce the actual expenditures be- low the budget level The Board agreed to alert the Appropriation Committee and the Capi- tal Expenditures Committee of the emergency budget situation which has developed. Also, a copy of Mr O'Connell's report is to be sent to the School Committee Chairman Kessler agreed to send a memo to all department heads re- questing their cooperation by examining their budgets to see whether there are areas were projected spending could be cut Mr O'Connell is to arrange a meeting of all department heads to dis- cuss their budgets Street The Board discussed the request from Mr Mark Moore to install Town Lights and Country street lights on Lois Lane Lois Lane Chairman Kessler- We have received notification that the people in the area have agreed to pay the extra charge to the Town as long as those lights are there I am agreeable to that arrangement The Town can, and should, put lights wherever they are needed. This type of lamp is more expensive and they are willing to pay the difference We are not granting any precedent by this With the agreement, they have given a check for $72 00 for the first year's payment Depending on the rate per year, fil this amount could increase or decrease Upon motion duly made and seconded, it was voted to accept the agree- ment whereby the Centre Village Condominium Trust will pay additional charges each year for Town and Country street lights The agreement is The Centre Village Condominium Trust desires to have installed six General Electric Town and Country type lights for street lighting on Lois Lane This is not the usual light installed on streets in the Town of Lexington and will result in an additional cost of Twelve Dollars per light per year to the Town of Lexington In consideration of the approval and installation of said Town and Country lighting, Centre Village Condominium Trust agrees to pay to the Town of Lexington the sum of Seventy-Two Dollars per year, in advance in each year that said lights continue to be used. The amount of Seventy-Two Dollars per year could increase or decrease depending upon the rates each year The difference will be paid by the Trust at the end of each fiscal year, or the decrease credited to the Trust This payment shall terminate if the said lights are no longer used or if said lights become stan- dard lighting in the Town of Lexington In witness whereof we hereunto set our hand and seals this 2nd day of August, 1976 s/Mark Moore, Jr , Gladys M. Moore, Donald P Noyes as Trustees but not individually j 63 Selectmen' s Meeting August 2, 1976 Mr O'Connell distributed copies of personal services budgets to Personal the Board. Because of the non-settlement of police and fire negotia- Services tions, their salaries are at the FY 76 levels, DPW is final, based on a contract settlement, and the rest are a reflection of FY 77 based on the salary review board determinations This is as complete as we can go Upon motion duly made and seconded, it was voted to approve the interim personal services budget for FY 77 by distributing $106,225 from Account #9000 and to transfer $29,401, appropriated under Article 5, to DPW Account #4900 Mr O'Connell advised the Board that he is proceeding with the ap- Recreation pointment of Mrs Alice Hinkle and Mrs Judy Uhrig as members of the Committee Recreation Committee He had many strong candidates and he hoped some would bevelling to serve in an advisory capacity Also, in view of the increase in the scope of the committee, he recommended that the Board consider increasing the membership from five to seven members Chairman Kassler I am meeting with the Chairman and I feel that he will be receptive to this recommendation The Board approved Mr O'Connell's recommendation to appoint Mrs Alice Hinkle and Mrs Judy Uhrig to fill the two vacancies on the Recreation Committee Chairman Kessler informed the Board that Mrs Bruce Gilchrist had Hanscom cancelled her appointment to discuss the proposal of Stewart Air Lines Field - for commercial air service at Hanscom Field Gilchrist Chairman Kessler requested Mr McSweeney to make arrangements for Traf Safety an evening meeting with the Traffic Safety Committee and the North No Lex Lexington Association for a discussion of major problems in the area Assoc Chairman Kassler read a report from the Traffic Safety Committee Traffic recommending approval of the request from Dr Rich and Mr Dellovo for Sign - a traffic sign at the top of Valley Road but to deny the request for Valley Rd speed bumps as they create a serious legal liability and have been proven a hazard to bicycles, motorcycles and automobiles Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for the installation of a "Caution Children" sign at the top of Valley Road, and to deny the lequest for speed bumps on Valley Road Mr McSweeneywas instructed to make the necessaryarrangements for the installation of the sign Chairman Kassler read a report from Mr McSweeney, Director of Discontin- Public Works/Engineering, in response to a request from the U S uance of Department of the Army for the discontinuance of a portion of Wood Wood St Street at Hanscom Field, as follows "As this portion of the roadway is abutted entirely by land owned by the United States of America, this department sees no objections to the desire of the U S Government to assume jurisdiction and respon- fhb Selectmen's Meeting August 2, 1976 i portion sibility of that po t on of Wood Street, except on one minor condition This condition is retention by the Town of the right of access to and egress from government-owned land for the purpose of reading the Hanscom water consumption meters located just inside the existing gate on their property If the U S Government is still willing to give the Town of Lexington this right, we recommend the discontinuance of Wood Street from the property line at Gate 4 to the Bedford-Lexington line The only utility within the street is an 8-inch water line installed and owned, along with the meters, by the Government and the Town has no other interest in the street In addition, we note that this particular portion of roadway was laid out by the County on behalf of the Town on November 12, 1930 In- asmuch as it is therefore a county layout, petition for discontinuance to the County Commissioners, as well as Town meeting, is required If the Board approves, and the U S Government grants the condition of the right of access and egress, a signed petition will be submitted to the County Commissioners who will conduct a hearing If the County votes in the affirmative, the request will then go before Town Meeting for final approval As a matter of interest, an identical request was made by the U S Government in 1955 For reasons unknown, the petition was not carried through The records of the Town, the County and the Department of the Army contain no information other than the fact that the Town did sub- mit a petition to the county on behalf of the Government Why it was dropped remains an enigma In 1960, the Commonwealth of Massachusetts did legally alter and widen the 1930 layout of Wood Street up to the gatehouse The layout was then transferred to the Town on October 4, 1960 The fact that this alteration stopped at the gatehouse indicates that the Commonwealth was aware of a possible request to discontinue the remaining portion of Wood Street from the gatehouse to the Bedford line This discontinuance, if effected, will complete an action instituted some twenty-odd years ago " Upon motion duly made and seconded, it was voted to petition the Middlesex County Commissioners for approval of the discontinuance as a public way that portion of Wood Street in Lexington, one thousand feet in length, beginning at Station 0+00 on the Lexington-Bedford Town Line and ending at Station 10+00, as laid out by the County Commissioners on November 12, 1930, subject to the condition that the U S Government grant the retention by the Town of Lexington of the right of access to and egress from Government-owned land for the purpose of reading the Hanscom water consumption meters located just inside the existing gate on this land. If granted, the Town of Lexington will proceed with the petition to the County Commissioners for the discontinuance of Wood Street from the property line at Gate 4 to the Bedford-Lexington line Election Chairman Kassler discussed the appointment of Election Officers in Officers the Town He informed the Board that, according to the formalized pro- cedure, they had erred slightly in the timing of appointments and, there- fore, it is necessary to reconfirm the vote of June 21, 1976 as the111 167 Selectmen's Meeting August 2, 1976 statute u e s tates that appointments are to be made not earlier than July 15 G L Chapter 54, section 12, Election Officers in Towns "The Selectmen of every town shall annually, not earlier than July fifteenth nor later than August fifteenth, appoint as election officers for each voting place or precinct, except as provided in section twenty-four, one warden, one deputy warden, one clerk, one deputy clerk, two inspec- tors and two deputy inspectors, who shall be enrolled voters of the town In the event that the Selectmen fail to appoint such election officers on or before August fifteenth, the board of registrars shall forthwith appoint said officers The chairman of the town committee of each political party may, not later than June first in each year, file with the selectmen a list of enrolled members of such party who desire appointment as election officers, and a duplicate of such list with the board of registrars of voters The lists submitted by town committees shall contain not more than eight names for each office to be filled. Supplemental lists may be filed with the selectmen and registrars by the said chairman at any time before the appointments are made, for the purpose of filling va- cancies which may occur in the original lists No person shall be appointed as an election officer until he is found qualified to act as such as herein provided. Appointments shall be made from the original list before any names are taken from any supplemental list If, upon the expiration of fifteen days after notice given in writ- ing prior to June fifteenth in any year by the selectmen or the chairman of any political committee who has not filed original or supplemental lists, the selectmen may appoint as election officers enrolled members of the party who, in the opinion of the selectmen, are qualified to act as such. The selectmen may, if they deem it necessary, conduct examina- tions of persons whose names appear on the lists filed hereunder Five days' notice shall be given of any such examination The chairman of each town committee may appear and be heard either in person or by coun- sel, during the conduct of such examinations " Mrs Miley This is the process that is to be used for the choice of Election Officers to be appointed Mr Cohen The difficulty is that the statue is not particularly well written In talking with the Town Clerk, the Board might want to have the Chairmen of the Democratic and Republican Committees in and explain what they have to do - that not later than June 1, they have to file a list with the Selectmen and if it is not received by June 15, the Board would notify them by letter that it had not been received Chairman Kassler Next year, we shall specifically follow the statute as to the manner and the timing of appointments of Election Officers Upon motion duly made and seconded, it was voted to reconfirm the vote of June 21, 1976 to appoint the 1976-1977 Election Officers Chairman Kessler read a formal complaint from Mr Thomas Russell, Cokorogianis 10 Barrett Road, regarding a dog owned by Mr George Cokorogianis, Dog Hearing 8 Barrett Road. (iCi Selectmen's Meeting August 2, 1976 A report from the Animal Control Officer stated that Mr Russell had come to his office on June 16 to complain about the barking dog and Mr Littleton had sent a warning letter to Mr Cokorogianis Since that time, his office had received at least eight more complaints from Mr Russell Mr Littleton and his assistant had investigated these complaints and had witnessed the dog barking, although not on every occasion Upon motion duly made and seconded, it was voted to set the date for a dog hearing on August 11, 1976 and to post the notice of said hearing on the complaint of Mr Russell against the dog owned by Mr Cokorogianis Estabrook The Board discussed the request from Common Cause for Estabrook Hall - Hall on September 18 and agreed to check with Secretary Guzzi's office Common Cause to see whether it is a political group Cert of Upon motion duly made and seconded, it was voted to approve the Incorp following locations for mail drops for applications for Certificate of Incorporation Lexington Theatre Company, Inc , 11 Parker Street; American Footwear Research Institute, Inc , 2360 Massachusetts Avenue Abatement Upon motion duly made and seconded, it was voted to approve the Water Bills recommendation of the Director of Public Works/Engineering to abate water bills in the amount of $385 10 Reg Refuse Chairman Kassler discussed with the Board the establishment of an Advis Comm. advisory committee on regional refuse to make recommendations to the Selectmen on actions to be taken regarding the Hartwell Avenue Sanitary Landfill According to the vote of Town Meeting, the current committee may consist of only three members and it is felt that additional exper- tise would be of great assistance to the Board The Board agreed to submit nominees for the advisory committee on regional refuse Contract Upon motion duly made and seconded, it was voted to approve the 77-15-E recommendation of the Director of Public Works/Engineering to sign Con- tract 77-15-E awarded on July 19, 1976 to Sarao Bros , Inc for street resurfacing in the amount of $78,980 Youth Miss Mary Rockwood, Chairman, and Miss Sue Abkowitz, Secretary, of Advisory the Youth Advisory Commission and representatives of the League of Women Commission Voters met with the Board to discuss the proposal of the Youth Commission and LWV to restructure the Commission in order to improve its efficiency Miss Rockwood From our discussion, we are recommending that the Commission be reduced in size from 19 members to 7 adult and 9 youth mem- bers We also suggest that rather than having the Board of Selectmen choose Youth Commission members from other town boards, who may be busy and not necessarily consider the Youth Commission their top priority, it would be better if members were chosen on the basis of their interest, 169 Selectmen's Meeting August 2, 1976 willingness to work, and initiative 9 As a result, we offer to the Board of Selectmen the following change in our By-Laws, Section 2 "Members of the Commission shall be appointed in June each year by the Board of Selectmen upon recommendation by a selection committee (of Youth Advisory Commission members) Members of the Commission shall be as follows 9 Lexington public school students (one student from each junior high school and six members from the senior high school, with a minimum of one member from each class at the high school) , and 7 adult members, including two members from general government, to be chosen from a list of ten recommended by the Youth Commission after interview by the Commission " Miss Rockwood We have to make more changes next year so that we would have a better and more active commission These are not final changes and have nothing to do with those we talked about before Chairman Kessler These changes are just to get you through this year? Miss Rockwood. Yes Chairman Kassler What has become apparent is, there are all sorts of separate groups concerned with the same problems of youth and it might be better if we coordinated and combined efforts and made it one group Mr Busa I have a question about the present Youth Commission, rather than the Board of Selectmen, coming up with the 10 adults I question the two in general government - at some point in time, they could be eliminated and it could at some time be a selected group of selected people Chairman Kessler to Miss Rockwood What is the definition of gen- eral government? Miss Rockwood Someone in general government who is not as busy could be involved without spreading themselves too thin, and it could also mean a youth member Mr Busa If it is not specifically spelled out who in general government it is to be, it would be just town meeting members Chairman Kessler If it is a Selectmen's Advisory Commission and they want more, they still have to come back Do you think it should say,i;specifically, the Board of Selectmen? Mr Busa I don't think 100% I have been reading in the newspaper that the Drug Advisory Committee said they were going to infringe on the Youth Advisory Commission Chairman Kessler- That is why I said that we are all going to work together I am willing to make temporary changes and to ask the Drug Advisory Committee, the Community Relations Committee, and the Youth Ad- visory Commission to sit down with us and really talk about the problems of youth. I am interested in a long-range youth commission as I think it would be a valuable organization Within a year, we are going to attack this facet Chairman Kessler Mr Bailey has submitted an amendment to your pro- posal that "The Commission will submit a list of twelve adult member nomi- nees for the guidance of the Selectmen," rather than the proposal, "To be 17() Selectmen's Meeting August 2, 1976 chosen from a list of ten recommended by Youththe Commission after inter- view by the Commission " Miss Rockwood. Is it the understanding that if you could not approve seven from the twelve that we would come back? Chairman Kassler I would assume the old group would help the new, incoming group We appreciate your efforts over the summer and that you are doing this with the best motivation possible Miss Abkowitz At what date can we notify you of our list of twelve? Chairman Kassler It would be to everybody's benefit if you did it as soon as possible We haven't given you a time limit but would urge you to act expeditiously Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Youth Advisory Commission to amend Section 2 of the Lexing- ton Youth Advisory Commission By-Laws, as follows Section 2 Members of the Commission shall be appointed in June each year by the Board of Selectmen upon recommendation by a selection committee (of Youth Commission members) Members of the Commission shall be as follows Nine Lexington Public School students (one student from each Junior High School and six members from the Senior High School with a minimum of one member from each class at the High School) Seven adult members, including two members from general government The Commission will submit a list of twelve adult member nominees for the guidance of the Selectmen Bushnell Dr Mr Cohen presented the Order of Taking, for the Board's signature, Waltham St of the right-of-way running between Bushnell Drive and Waltham Street in Right-of- connection with the installation of traffic lights Way Taking Upon motion duly made and seconded, it was voted to sign the Order of Taking of the right-of-way running between Bushnell Drive and Waltham Street in connection with the installation of traffic lights Circle Rd. Residents of Circle Road met with the Board Scott Chairman Kassler The Board had received petitions from residents Properties of Circle Road; we looked into the situation and I wrote a letter ex- plaining the position of the Board of Selectmen In the past several weeks, we have attempted through Town Spun- set, Town Manager and the Building Inspection Department, and also through personal inspection, to find answers to the specific concerns that the people on Circle Road have expressed. The situation as the Board of Select- men now sees it is as follows Since under the Zoning By-Laws, the lots in question were legal lots, the Town had no alternative but to give building permits to Scott Properties Apparently, during the building process, subsequent violations of the Zoning Law were discovered These violations were brought to the attention of the builders and, at that point, Scott Properties requested that the Board of Appeals grant them several variances (The Board of Appeals acts entirely independent in matters such as this and cannot, nor should they, be directed by the Board of Se- lectmen ) During the Board of Appeals' hearing on this matter, the owner' s request for side yard variances was turned down The Board of Appeals 171 Selectmen' s Meeting August 2, 1976 did, however, grant variances for the front steps The Selectmen have absolutely no jurisdiction over this matter and cannot in any way reverse this decision There was, additionally, some question as to exact boundary lines for the rear of these properties, but it has been concluded to the Town's satisfaction that no back yard zoning violation have occurred No occupancy permit has been issued nor will be issued until the Board of Appeals' side yard variance conditions have been met by the owners. The Board discussed the above facts as I have just outlined and felt that, regardless of some personal convictions to the contrary, the Board has no way of legally redressing the grievances of the many residents of Circle Road that have wrriten to us We will, however, as is our present custom, welcome any citizen or group of citizens who feel aggrieved to come before the full Board at one of our meetings " Mrs James Marchese, 58 Hillcrest Road The abutters question the wisdom of the Board of Appeal's decision and feel that it was built in error by Scott Properties and should have been corrected, and that permits should be issued only when specifications are met There is an illegality and Scott Properties is in violation Chairman Kessler I thought i had responded for the Board of Select- men in my letter to you that we, as a Board, do not question the wisdom of the Board of Appeals The Selectmen have no jurisdiction over the Board of Appeals except in the matter of appointments, nor can they be in- fluenced by the Selectmen The Board of Appeals' decision does not come before the Board of Selectmen Mrs Marchese I understand that but we are asking for your help Chairman Kessler On the matter of following up on the building in- spection, the side yard errors discovered during building were corrected The owners were not granted an occupancy permit until such time as they have complied with all of the building inspector's requirements We have no jurisdiction over the front and any quarrel you have with the Board of Appeals cannot be redressed by this Board When you ask for our help, sympathy and understanding we can give you but you are asking for something special that is out of our hands Mr John F Frazer, 50 Hillcrest Avenue My property abuts directly the Scott Properties I am very sympathetic with my neighbors and whole heartedly endorse their actions My statements are my own "It is my intent at this hearing granted by the Lexington Board of Selectmen to demonstrate by presentation of the facts that the variance granted to Scott Properties, Inc by the Lexington Board of Appeals on June 3, 1976 in the matter of the dwelling at 17 Circle Road is illegal and invalid and should be appealed for a reversal of decision through the Superior Court of the Commonwealth of Massachusetts I further intend to show personal hardship by virtue of a hazardous safety condition in my yard, created by land excavations of massive proportions immediately abutting my property line and to place responsibility for installing a fence to remove the hazard I submit in this context that the Town of Lexington is responsible for the actions of the various departments of 172 Selectmen's Meeting August 2, 1976 the town o and for the actions of all employees of the town including ap- pointed officials such as those on the Board of Appeals, regardless of the fact that the Board of Selectmen has no jurisdiction over the findings of the Board of Appeals The Board of Selectmen does have the authority to remove any appointee from office at any time for just cause such as incompetence or a history of bad decisions not made in the best interest of the people of the Town and as such is enjoined to maintain competent and efficient branches of Town Government to serve the people of the Town I summarize my remarks regarding the board of appeals decision by stating that the Town of Lexington is responsible for all that has transpired in the matter of issuing building permits, monitoring (or lack thereof) of the construction activity and the granting of an illegal variance to Scott Properties at 17 Circle Road In the process of look- ing into the various aspects of the situation at 17 Circle Road, I ran into a number of circumstances that can only raise questions (1) Why was the building permit issued in the first place when so many obvious irregularities existed? (2) Why was I told at the Town Offices several years ago when I inquired that Mr Al Busa owned all the land that abutted my property including lots 239, 240 and 241 Mr Busa did not acquire title for these lots from the Town until December 30, 1974 about a month and a half before Scott Properties submitted their request for building permits And, why wasn' t the pending sale published, as is customary? As an abutter I should have also had the opportunity to buy the land, particularly when I had already indicated my interest both by conversations with Mr Busa and by personal inquiry at the Town Hall Chairman Kessler At this time, you raise many questions, some of which obviously I can't give you answers for now and we will continue to look into them. I would point out something that has been obvious to me from the beginning and that is, if any member of the Board has anything to lose by having unsightly buildings on the street, it is the only mem- ber of the Board who lives on the street - and I want to make it abundantly clear - that the problems of people on Circle Road can't be laid at the door of Mr Busa, who has so much to lose Mr Frazer I have made no accusations Mr Cohen I am shocked that all of the facts could be investigated but Mr Frazer only went into some facts When I came here three years ago, I found an agreement of 1966 that the Selectmen had notified people that they were going to sell twenty tax title lots and they were all con- veyed to some kind of trust in which Mr Busa had an interest, and they found that three lots could not be conveyed because of a legal technical- ity; it was discovered that when the deed was being prepared that the lots had been registered and the tax collector had filed his tax taking in the non-registered side of the Registry of Deeds rather than on the registered side The Town Counsel at that time said that he couldn't finish the conveyance and he would put it into court There was a signed agreement and there was no way the Town could back out Mr Frazer Does this not constitute an option to buy over a period of years? Mr Cohen I don't believe there was an option There was a tech- nical difficulty or they would have been conveyed Selectmen's Meeting August 2, 1976 Mr Frazers I hope there will be answers to my questions Mr Cohen There were about 20 lots taken for tax purposes and the Town decided to sell them. Busa Trust was apparently the high bidder Chairman Kessler Let me respond to the question of Mr Busa's involvement in this, by saying that his integrity is beyond question and that I will not go further on that particular part of the discussion If you think the problems you are facing, and the Town has faced before with builders, are real, it is a problem I am willing to admit publicly We aren't happy with the way this particular builder has been building in Lexington and if we can't undo it on Circle Road, we will watch it from now on It is not the fault of the Building Inspector or anybody in the Town looking the other way, and there has been no collusion A lot of our remaining lots in Town are marginal building lots and we are faced with the problem of builders working with marginal lots I have gone over the sequence and I am convinced that any slip-up was inadvertent and anything that was done was purely coincidental. Mr Andrew Murphy, 35 Circle Road The houses are not commensurate with those in the neighborhood When I saw the plot plan, they said it was legal It was laid out in 1919 and I don't think that is up to date The lot next door to me is 100 ft and if they can build on 50 ft , they can build two We were notified when people on the street wanted to put in a swimming pool but they put in three houses and we heard nothing The dates are all past for any recourse Chairman Kessler The problem you have is one the Board has no juris- diction over You are asking the Board to redress the wrong in your eyes We all have things we don't like on our streets No matter how much sympathy we have for you, we absolutely cannot overturn the decision of the Board of Appeals Mr Murphy Maybe we should look closer so that it won't happen again Chairman Kessler We will get answers to Mr Frazer's questions and check on the timing to see if you can appeal, and we will check further with Town Counsel Mr Busa I see that all my neighbors are here, specifically Mr Frazer who is away and never here I read the letter in which he indicated I had quite a bit to do underhandedly, and I feel that my name was taken down quite a bit I thought my neighbors were very congenial with one another When I wanted to sell the three lots, I had the courtesy to call Mr Frazer - I didn't know that he had a recording of it - and asked him if he wanted to purchase and he said that the price offered was more than he intended to pay to buy them and I, naturally, had to sell to Scott Properties I got out of the business so that people wouldn't say that I was trying to seek favors as a member of the Board of Selectmen As for the people moving in, if everybody else made the effort they did to keep it up They should be encouraged I owned the lot adjacent to Mr Murphy and had no intention of building but two houses are built there The record will show that Mr Frazer did receive a variance on the front yard to construct a garage there on September 8, 1970, and the garage is incomplete Mrs Marchese' s nephew's application for a variance was de- nied by the Board of Appeals as not conforming to the house lot For 174 Selectmen's Meeting August 2, 1976 these people to raise the issue for the side yard The Olsen family should be commended for the way they keep the house so that other young people could come into Lexington I said that three houses would be built on those lots, and the only reason that I didn't build them is because of castigations They are well constructed houses and because they are within 1-1/2 feet to the sidelines The neighbors should en- courage them to build back steps as it is dangerous without them Mrs Marchese It is difficult to understand how a surveyor could lose two feet; #11 has two feet missing Chairman Kessler- We, as a Board, will be as reponsive as we can We will get answers to your questions Residents of Circle Road retired from the meeting Executive Upon motion duly made and seconded it was voted, 4-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect td collective bargaining and, also, a matter involving the reputation of a person After discussion, it was voted to go out of Exectitive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, Attest•C)).' Executive Clerk, Selectmen i