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HomeMy WebLinkAbout1971-11-15-BOS-min 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