HomeMy WebLinkAbout1972-06-12-BOS-min SELECTMEN'S MEETING
June 12, 1972
A regular meeting of the Board of Selectmen was held In the Select-
men' s Meeting Room on Monday evening, June 12, 1972 at 7 30 p.m.
Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr.
O'Connell , Town Manager; Mr. Legro, Town Counsel; Mr. McSweeney,
Director of Public Works and Mrs. McCurdy, Executive Clerk, were
present.
Reverend Handley met with the Board to request the appointment of
Guides for the Town of Lexington for the coming season.
Guides Upon motion duly made and seconded, it was voted to appoint the
following Guides:
Richard Abraham 19 Douglas Road
Harvey Bass 30 Eastern Avenue
Leslie Field I Patriots Road
Henry Friedman 17 Oxbow Road
Jeanne Ganshirt 48 Fletcher Avenue
Brad Golden II Dane Road
Bruce Labitt 30 Taylor Road
Betsy Lehr 5 Chi Ids Road
Susan Levine 361 Emerson Road
Christine McCormack 32 Hayes Lane
Jeff Moskow 31 Slocum Road
Paul O'Shaughnessy 61 Ivan Street
Richard Seaman 17 Hancock Street
Steven Warshawer II Tower Road
Doug Wissoker 7 Carley Road
David Kornetsky 7 Rumford Road Re-appointed
Mark Nichipor 9 Fairland Street Re-appointed
Christopher Purdy 268 Lowell Street Re-appointed
David Titus 80 East Street Re-appointed
Kenneth Wissoker 7 Carley Road Re-appointed
Hearing was declared open at 7:45 p.m. upon petition of Raytheon
Raytheon Company for a license for below ground storage of a 5,000 gallon
Gasoline gasoline tank on the premises at 141 Spring Street, Lexington.
Tank A notice of the hearing was inserted in the June I , 1972 issue
of the Lexington Minute-man and was sent by certified mail to the
abutters as listed on the records of the Assessors.
Application was approved by Fire Ohief Spellman.
Messrs. George E. Luedke, Director. of Safety for Raytheon, and
Bob Johnson of Raytheon were present at the hearing.
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Mr. Luedke explained that the new 5,000 gallon tank is to replace
the old 2,000 gallon tank, and will be in the same location. Their
fleet of cars is getting larger and the tank would not have to be
filled as often.
No one appeared in favor of the application.
Mr. Edward Neidorf, 34 Shade Street, was present and requested
more information on the reason for the new tank. Over the past
years, we have been having various things like a variance and the
water. Will Raytheon increase? When Raytheon moved in, they must
have had some idea of the restrictions. Could this have an effect
on insurance rates? If so, could we get something that sbows someone
takes the responsibility?
Mr. Luedke: I can't speak for Raytheon as to plans for building
in the future but as far as a change in tanks, this would not affect
anyone on insurance. It won't affect our own or anyone else' s insur-
ance. I will show the plan of the location and explain it to Mr.
Neidorf.
Chairman Kenney to Mr. Neldorf: Do you have any objection?
Mr. Neidorf No.
No one else appeared in opposition and Chairmen Kenney declared
the hearing closed.
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Raytheon Company for permission to remove the 2,000 gallon
underground gasoline tank and to install a 5,000 gallon underground
gasoline tank on the premises at 141 Spring Street, Lexington; to issue
a new license to keep and store 5,000 gallons of gasoline in one under+
ground storage tank to be used to service Raytheon Company vehicles.
Hearing was declared open at 7 50 p.m. upon petition of the
Mobil Oil Company for a license for below ground and above ground
storage on the premises at 653 Lowell Street, Lexington.
A notice of the hearing was inserted in the June I , 1972 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. Gasoline
Attorney William J. Dailey, Jr., representing Mobil Oil Company, Station
was present and explained that the application it for a new gasoline 653 Lowel
service station which is to be built at North Street and Lowell Street. Street
A permit has been granted by the Board of Appedls. The only remaining
necessity after this will be a request for a sign. Chief Spellman has
no objection to the location of the three tanks, 10,000, 8,000, and
5,000 gallons each. Some new stations have been requesting 26,000
gallon tanks but Mobil Oil felt that 23,000 gallons would be suffi-
cient.
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 three underground gasoline
storage tanks, 10,000, 8,000, and 5,000 gallons each, on the premises
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at 653 Lowell Street, Lexington, and to issue a new license as follows
To grant permission to keep, store and sell 23,000 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, 60 gallons Of
brake fluid, all in approved containers above ground.
Hearing was declared open at 7 55 p.m. upon petition of the New
England Telephone Company to lay and maintain underground conduits on
Waltham Street, Lexington.
N.E. T. & T Notices of the hearing were mailed to the petitioner and owners
Conduit of the property as listed on the petitioner's plan, and also filed
Waltham and with the Director of Public Works.
Forests Sts. Mr. Dunn, representing the New England Telephone Company, was
present and explained that the petition is for a connection from the
manhole at the corner of Waltham Street and Forest Street, and will
be run into the housing for the elderly.
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
Company
Waltham Street Approximately 198 ft. of underground conduit;
southerly from manhole 54/72, junction Of
Forest Street.
Hearing was declared open at 7 57 p.m. upon petition of the
New England Telephone Company and the Boston Edison Company for a
relocation of a pole on Waltham 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 Director of Public Works.
Mr. Dunn, representing the New England Telephone Company, and
Mr. Pratt, representing the Boston Edison Company, were present.
N.E. T. & T Mr. Dunn explained that this petition is to get the pole out of
Boston Edison the proposed driveway for the housing for the elderly.
Waltham and Mr. O'Connell Will the service for the new housing go in over-
Forest head or underground?
Streets Mr. Pratt: I can't answer that.
Mr. O'Connell I would comment that based on our experience at
Greeley Village, I would recommend that if Boston Edison can do it,
it should go underground.
Mr Pratt I will check it out and call you.
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
Company and the Boston Edison Company
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Waltham Street: Southeasterly side, approximately 168 ft.
southwesterly, from Forest Street, one
pole, also remove one pole.
Hearing was declared open at 7 58 p.m. upon petition of the New
England Telephone Company and the Boston Edison Company
for reloca-
tion of a pole on Massachusetts Avenue. N.E. T. & T
Notices of the hearing were mailed to the petitioners and Pole
owners of the property as listed on the petitioners' plan, and also Boston Edison
filed with the Director of Public Works. Mass. Ave. &
Mr. Dunn explained that we are relocating the present pole back Worthen Rd.
about 18 inches.
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 and the ,Boston Edison Company
Massachusetts Avenue: Southerly side, approximately 50 ft. west
of Worthen Road, one pole. (One existing
JO pole to be removed.)
Hearing was declared open at 7 59 p.m. upon petition of the
Bbetbn Edison Company for the location of poles 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 Boston Edison
with the Director of Public Works. Location of
Mr. Pratt explained that the petition is for the purpose of can- Poles
plating power service on North Street and to close the circuit on the North St.
additional line.
No one appearing in favor or in opposition, the Chairman declared
the hearing closed.
Upon motion duly mode and seconded, it was voted to approve the
following location, as petitioned by the Boston Edison Company:
North Street: Southwesterly side, northwesterly from a point
approximately 363 feet northwest of Lowell Street,
four (4) poles.
North Street: Northeasterly side, approximately 350 feet north-
west of Lowell Street, - one ( I) pole.
Mr. O'Connell recommended that a request for a transfer be ap-
proved for the Town Clerk's Election Account No. 1950 in the amount Transfer
of $3,680; this is approximately the amount which was spent for the Acct. 1950
Presidential Primary on April 26, and this will exceed the planned
budget schedule and we would be over-expended by the September
election. In connection with the primary, the additional cost of the
special polling booths is borne in the Selectmen's Account No. 1900;
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I would suggest that we examine that account as we have the same poten-
tial problem. Account No. 1950 has the cost of election workers and
because of the paper ballots, counting could not start until well
after the polls closed. We had well over 24 hours of coverage require-
ments for special ballots and election workers. Ordinarily, we are
finished by 9 30 or 10'00 p.m.
Chairman Kenney With this transfer, you feel that this would
suffice for the rest of the year?
Mr. O'Connell Yes. If there are paper ballots, we woUld then
have an additional problem.
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee to approve a transfer from E & D to the Town
Clerk's. Election Account No. 1950 in the amount of $3,680.
Transfer Mr. O'Connell recommended that a request for a transfer be ap-
Acct. 3450 proved for the Board of Health Account No. 3450 in the amount of $200
for the Rabies Clinic. We have had to purchase 1,000 doses of vaccine
this year and the price has increased I7# cents a dose. There is also
an increase in the number of dogs and there was a need for an addi-
tional Doctor' s charge of $50. There was an additional cost of six
cent post cards to send out notices of unlicensed dogs, and we over-
looked this in the budget. We estimate 3,000 notices to be sent to owners
of unlicensed dogs.
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee to approve a transfer from E. & D to the Board
of Health Account No. 3450 in the` amount of $200.
Mr. O'Connell discussed coverage of the Planning Board for the
Planning summer and informed the Board that well-known firms have been con-
Board tatted and a proposal has been submitted from each. We expect we
will be engaging the services of someone to start next week.
Mr. O'Connell recommended the approval of two appointments to
the Conservation Commission, Gary Larson, 570 Marrett Road, and
David G. Williams, 2 Munroe Road. Mr. Larson is a professional
Conservation Architect and the recommendation is strongly endorsed by the Conser-
Commission vation Commission; Mr. Williams is a Senior Methods Analyst for
Appointments John Hancock Insurance Co. Also, the recommendation is to re-appoint
Mrs. Frick, whose term expires this year. There are two vacancies
existing since the expansion of the Commission from five to seven
members; one is to be a replacement for Stanley Brown. If approved,
this would constitute a complete staff.
Upon motion duly made and seconded, it was voted to approve the
recommendations of the Town Manager for the appointment of Gary
Larson and David G. Williams, and the re-appointment of Mrs. Angela
Frick to the Conservation Commission for terms expiring April I ,
1975.
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Chairman Kenney read a request from Mrs. Howard A. LeVaux, II Old
Shade Street, for a further reduction in her sewer connection charge. LeVaux
After discussion, the Board agreed not to reconsider the vote of Sewer
May10, 1972, which reducedconnection charge to 720
e the $900 sewer onne S ,
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and ,to so inform Mrs. LeVaux
Chairman Kenney read a letter from Miss Carol Schreiber, 67
Turning Mill Road, that the barn owned by the Town on the former
Hennessey property be rented to the public for a horse stable, at
the rate of $20 or $25 per month, and that water could be obtained
from the house which is owned by the Bergmeyers on Mountain Road in
Lexington.
Mr. O'Connell This is a small stable on a little triangle of
land on the Hennessey property on the far side of the stone wall .
I can find nothing to indicate that it was acquired for riding. It
was acquired for sewer, water, drain, street, playground and recrea-
tional purposes. We have had a number of inquiries and, in each Hennessey
case, we said to individuals to give the Town a proposal on how it Stable
would rent it. There are some problems that go with it, and I don't
believe the Bergmeyers would appreciate the watering of horses with
their water,. The building is in a so-so condition and there is a great
danger of vandalism because it is relatively isolated. If the Town
were to rent it for stabling horses, we accept the fact that this
would produce additional riding on the Hennessey property. I get com-
111 plaints and it is not the proper use of the area. My suggestion is,
if the Board wishes to have the building used, not to rent it to
someone with a couple of horses but to an organization or someone in
the business who would lease the building and sign an agreement to
maintain it and take care of the associated problems. The 4-H applied
for permission to use the area,and put up a riding ring and the Recre-
ation Committee recommended against it, and told them to use the area
at Willard' s Woods.
After discussion, the Board agreed to inform Miss Schreiber that
the Board has not rented the property for the following reasons, but
if, in the future, some group can come up with a proposal which
satisfies these objections, the Board would again consider the matter
I . There are permits required both by the Zoning By-Law
and the Board of Health regulations.
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2. The Town would be very concerned with the question ion of
responsibility and possible liability. Specific
insurance requirements would have to be met.
.,, 3. There is a problem of legal access to this barn and in
the winter this becomes of practical concern since the
approach is not plowed by the Town.
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Chairman Kenney read a letter from William J. Manning, 20 Spring
Street, regarding the condition of Spring Street.
Mrs. Riff in I would ask Mr. McSweeney at what point in the
procedure, relative to Spring Street, is the Committee on Streets?
Mr McSweeney I believe we voted to go ahead on design and to
hold the next hearing; to tag the trees and the suggested pavement.
The hearing probably won't be until July, maybe not until after
Labor Day.
Spring Chairman Kenney It is up to the Street Committee to have the
Street hearing.
Mr. McSweeney They are waiting for us. It is recommended to
go ahead with the design on it. Other then making design changes or
utilities or drainage, we have to do all the profile and the plan.
Chairman Kenney Is it your recommended design, from your
department?
Mr. McSweeney Yes.
Mr. Buss I believe they are putting on the permanent patch
on Spring Street.
Mr. McSweeney We are doing the first part of it.
The Board agreed to inform Mr. Manning that permanent patching
on Spring Street is now underway and when the construction job is
completed, the entire street will be cleaned.
Chairman Kenney read a letter from the Trustees of Cary Memorial
Perking Library regarding parking around the Library.
Cary Upon motion duly made and seconded, it was voted to refer the
Library letter to the Traffic Committee and the Director of Public Works
for a recommendation.
Chairman Kenney read a report from the Traffic Committee re-
garding a letter received from Robert L Seaman, 17 Hancock Street,
on increased traffic volume on Hancock Street.
Traffic After discussion, the Board agreed to inform Mr. Seaman that
Hancock St. no action would be taken at this time but a meeting is to take
place shortly with the Planning Board to discuss the possibility of
solutions to the growing traffic problem in the Town.
Chairman Kenney read a report from the Traffic Committee re-
Stop Sign garding the installation of a Stop sign on Westd$i$*er Avenue at
Westminster Lowell Street, stating that four years ago, a proposal for a
Avenue and Stop sign in this location had to be rejected because the traffic
Lowell St. volumes did not meet State Warrants. New traffic counts will be
undertaken when the workload of the Engineering Department will
permit and the results reported.
The Board agreed to accept the recommendation of the Traffic
Committee that traffic counts be made, and to so inform Mrs. Eviler.
Traffic Chairman Kenney read a report from the Traffic Committee re-
Congestion garding traffic congestion, stating that an increase in traffic has
led to traffic congestion and backups, particularly on Merrett Road
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at Waltham Street, at the intersection of Woburn and Lowell Streets and
in the Center. The increased traffic does not appear to be caused by
the reconstruction of Route 128 north of Route 3 or by any other
single condition. The Committee believes that the Board of Selectmen
and the Planning Board should be apprised of the situation and antici-
pate further growth of traffic, particularly as the employment
situation gradually improves, and provide for relief measures before
the conditions become intolerable.
Mr. Bailey The Committee should have positive suggestions on
re-routing or timing of lights, and it would be helpful; we should
have good, solid professional advice.
Mr. McSweeney That is what we are leading up to.
The Traffic Committee is to submit recommendations to the Board.
Chairman Kenney reed a letter from Mayor Clark of Waltham stating
that the Office of Manpower Affairs has established a framework for
setting up Ancillary Manpower Planning Boards throughout the State. He
requests that several nominees be recommended to serve on en area Man- Ancillary
power Planning Board or on a subcommittee. Since the board cannot be Manpower
composed of more than 33 members, and there are 16 communities, not Planning
everyone recommended will beableh board.Y
en to serve on t • r Board
Upon motion duly made and seconded, it was voted to nominate
Enrico A. Mongiello, Management Systems Analyst for the Town of
Lexington, under the Emergency Employment Act, and Ephraim Weiss,
462 Lowell Street, Lexington, as representatives of the Town on the
Ancillary Manpower Plannfing Board.
The Board agreed to inform Mayor Clark of the two nominations.
Chairmen Kenney informed the Board that notice has been received
of a new Manager of Buse Bros. Liquors, Inc., 131 -Massachlsetts Avenue.
Upon motion duly made and seconded, it was voted to approve the Buse Bros.
new Manager, Alexander Gusmini , of Buse Bros. Liquors, Inc., 131 Manager
Massachusetts Avenue, Lexington and to request approval of the Alco-
holic Beverages Control Commission.
Selectmen Buse abstained.
The Board discussed the letter from State DPW Commissioner Bruce
Campbell stating that Chapter 634, Acts of 1971 authorized and di-
rected the Department of Public Works to accept the transfer of title Vehicular
to all vehicular bridges carrying public ways over the tracks or Bridges
rights of way of railroads within the Commonwealth, title to which is
now vested in cities, towns or railroads, or both. If your munici-
pality has title to bridge(s) it desires to transfer to the Department
of Public Works, please contact the DPW indicating the location of the
structure(s) and the degree of responsibility the municipality has
therein.
A report was read from Mr. O'Connell stating that Mr. McSweeney
advilses that the only bridge involved is the Boston and Maine Rail-
road bridge on Maple Street which we understand is owned by the
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railroad; therefore, we expect that the State has or will take title
directly from B & M. Mr McSweeney recommends, and I concur, that
it would be desirable that the state also take title to the approach
and sidewalk which are owned by the Town. I am providing Mr. Legro
a copy of this material in case there is a question of whether the
Board has the authority to convey without Town Meeting action.
After discussion, Mr. Legro agreed to research the matter with
the Division of Bridges and Ways.
Upon motion duly made and seconded, it was voted to approve the
character of the following who have applied for Certificate of Incor-
poration and approved by Chief Corr
Cert. of Howard G. VanAlstine 438 Lowell St.
Incorp. "Waltham Masonic Building Corp."
Lawrence J. Selig 19 Loring St.
"Waltham Rental Housing Association, Inc."
Chairman Kenney read a report from the Director of Public Works
regarding a letter from Otto E. Tobiason, 127 North Street, concerning
conditions in this area. The report states that the area would be
Tobiason filled in to prevent illegal parking; if the Board favors a petition
Complaints to install poles on this portion- of North Street, the addition of
North St. approximately two or three street lights at $108 per year; the prob-
lem of constantly burning street lights is because new electric eyes
are needed, and this has been reported to Boston Edison; drainage
problem on Hancock Street at the railroad crossing will be corrected
this year with money appropriated at the 1972 Annual Town Meeting.
The Board agreed to accept the recommendations of the Director of
Public Works and to so inform Mr. Tobiason.
The Board discussed the list of recommended street lights sub-
Street mitted by the Director of Public Works.
Lights Upon motion duly made and seconded, it web voted to table the
list of street lights until more information is received from the
Director of POblic Works.
The Board discussed appointments to the Board of Appeals because
Board of Ap- of a vacancy due to the resignation of Charles T. Abbott.
peals Appt. Mrs. Riff in nominated Mrs. Ruth Morey and Mr. Brown seconded the
Ruth Morey nomination.
Upon motion duly made and seconded, it was unanimously voted to
appoint Mrs. Ruth Morey a member of the Board of Appeals to fill the
unexpired term of Charles T. Abbott to March 31, 1976.
III Appt. Mr. Buse nominated Mr. Robert Cutaldo as an Associate Member of
Assoc. the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey
Member Bd. to March 31 , 1973; Mr. Bailey seconded the nomination.
of Appeals Mr. Brown nominated Mr. Roland B. Greeley as an Associated:"Member
of the Board of Appeals; Mrs. Riffin seconded the nomination.
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Upon motion duly made and seconded, it was voted to appoint Mr
Robert Cataldo an Associate Member of the Board of Appeals to fill
the unexpired term of Mrs. Ruth Morey to March 31 , 1973.
Chairman Kenney informed the Board that Attorney Tropeano is
setting up a scholarship for Monsignor Casey and requests that the Proclamation
Board endorse the establishment of this scholarship and to issue a
proclamation.
Upon motion duly made and seconded, it was voted to issue a
proclamation endorsing the establishment of a perpetual scholarship
honoring Monsignor Casey, and to urge all citizens and organizations
to support the establishment of such a scholarship.
The Appropriation Committee met with the Board at 9••10 p.m. Appropriation
Mr. Furash: Do you contemplate a special Town Meeting? Committee
Chairman Kenney We have had no official requests before us.
There has been some talk about the Regional Vocational School request-
ing one between September and October 5.
Mr. O'Connell It is my understanding that the Regional School
Committee would write to the Board and formally request a Special Town
Meeting.
Mr. Furalsh With this in mind, we think it unfair to hold a
meeting in September; if a meeting is requested, it would be our
preference to have the whole month of September to prepare for one.
Mr. O'Connell The earliest date mentioned was September 20.
Procedure on land acquisition was discussed and the Appropriation
Committee was informed that a subcommittee had been appointed, with Land
Mr. Busa as the representative of the Board. Acquisition
Mr. Buse We have had three meetings and now have finalized the
procedures, which three members of the Committee are going to put in a
form that will be understandable for all committees involved.
Mr. Furash It is my understanding there would be no problems.
Mr. Furash requested that because of the lateness of the Reserve
Fund transfers last year, the Board conduct an official review with
each department prior to November I , indicating that their spending
is realistic, with the approval of the Town Manager. 1973 is the be-
ginning of the 18-months budget and we want to conserve as much as we
can in the Reserve Fund.
Mr O'Connell agreed. We are looking at meeting a target date - Budgets
to be in the hands of the Board of Selectmen in November.
Mr. Furash It is important for us to have discussion of person-
nel needs and to meet in December on people structure. From time to
time we review the Public Trusts and in discussions with Mr. Morey,
funds are available to relieve current expenditures. There are a
number of trusts relating to the care of various parks. The Geneva
Brown income seems to be piling up, but it could be used for relief of
maintenance expenditures. We wonder whether certain funds set aside
for the indigent poor could not be applied to various services for the
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elderly or in terms of support we now give to the Golden Age Club. I
would suggest that there are some that clearly state that the income
ought to be spent annually. We would ask you to take a good, hard
look at these and get back to us. I would work with the Board on
talking to the Trustees to spend the funds. If there is some manner
in which we could support you, we would try to be helpful .
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.
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
eilvjAA--1 --)k"
ecutive Clerk, Selectmen
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