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HomeMy WebLinkAbout1970-04-13-BOS-min 54 SELECTMEN'S MEETING April 13, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, April 13, 1970, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present Mr. O'Connell , Town Manager, Mr. McSweeney, Town Engineer; and Mrs. McCurdy, Executive Clerk, were also present. Mr O'Connell informed the Board that bids have been received on the purchase of an ambulance, authorized under Article 42 of the 1970 Annual Town Meeting. Two bids were received as follows Ambulance and Hearse Distributors, Inc. of Malden (Miller-Meteor) for $ 13,000 net price quoted with a list of extra equipment ( in- cluding air conditioning) having a value of about $1 ,500 Northeast S & S Distributors, West Springfield, Mass. (Hess & Eisenhardt) for $ 10,700 net price quoted per specification with no added equipment but with certain features in excess of speci- fication requirement. Mr O'Connell said that he had carefully reviewed the bids and had discussed them with the former Board of Fire Commissioners. His evalu- Ambulance ation shows that on an equalized equipment basis, the comparison would Bid show $ 11 ,500 for A. & H. Distributors vs. $ 10,700 for Northeast S & S In evaluating the important factor of service support, he found that A. & H., who supplied the present ambulance, including furnishing at no cost to Lexington for five weeks in 1969 a new ambulance to replace the unit damaged in an accident. Service is handled locally and is reported to be prompt and of high quality A & H has agreed to voluntarily extend the policy of furnishing a backup unit if our ambu- lance is taken out of service; Northeast S & S has advised me that service would be handled from West Springfield In view of the service factor, Mr. O'Connell felt that A. & H. Distributors' price of $ 13,000 represents the best value and recommended that the award be made to them; members of the former Board of Fire Com- missioners and Chief Spellman concur with him. The application has been filed for 50% reimbursement from the State under the Highway Safety Con- tract. Upon motion duly made and seconded, it was voted to award the bid for the purchase of an ambulance, as authorized under Article 42 of the 1970 Annual Town Meeting, to Ambulance & Hearse Distributors, Malden, Massachusetts, in the amount of $ 13,000. Referendum The Chairman informed the Board that a petition of referendum of Town Article 32 of the Annual Town Meeting, the remodeling of and construc- Offices tion of additions to the Town Office Building and the Police Building, lir V has been received and 668 names have been checked and certified by the Town Clerk The procedure will be to call the meeting and the statute says we cannot set the date beyond the two weeks after the call of the meeting, which is tonight. The recommendation is to set the meeting for April 27, 1970 Upon motion duly made and seconded, it was voted to set the date for the referendum on Article 32 of the 1970 Annual Town Meeting for Monday, April 27, 1970. Upon motion duly made and seconded, it was voted to close the War- rant for Monday, April 27, 1970 Upon motion duly made and seconded, it was voted to sign the War- rant for the Referendum on Article 32 of the 1970 Annual Town Meeting . Upon motion duly made and seconded, it was voted to set the hours for the polls at 7 00 A.M. to 8 00 P.M. on Monday, April 27, 1970. The Chairman informed the Board that a citizens' petition has been received, protesting the narrowing of Massachusetts Avenue to widen the sidewalks; by doing this, there will be the elimination of parking spaces in front of the stores. The Chairman said that he had talked with these people and had told them this had been discussed many times and at public meetings the Sidewalks last five years. They said they were a little late but asked if they Lexington had the right to petition; they were informed they could petition Center This concept was accepted three or four years ago and has been dis- cussed since then and the Board voted to maintain the original concept. As you know, we put the curbing out to bid and the job is scheduled to start the day after the celebration of April 19. What is your thinking? Mr. Mabee suggested waiting until Mr. Greeley was present The Chairman said it was his feeling that although he had voted against the concept, we are too far along. Mr. Kenney said that we voted three to two for it and Mr. Greeley was in favor of it Upon motion duly made and seconded, it was voted to maintain the original concept and continue with the project in Lexington Center Upon motion duly made and seconded, it was voted to proclaim May I , Proclama- 1970 as USA Law Day and sign the proclamation. tion Upon motion duly made and seconded, it was voted to notify the Package Goods Stores to remain closed on Patriots' Day, April 20, 1970; ABC Motels and Clubs may serve alcoholic beverages during the usual hours. April 20 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor identification Card for Shirley Morlan, I .D Card 861 Massachusetts Avenue Upon motion duly made and seconded, it was voted to certify the Cert of character of Alfred C.A. Daniels, 21 Marrett St , who has applied for a Incorpora- Certificate of Incorporation, "Black Pilot Training Foundation, Inc." tion 6 The Chairman read a letter from the Committee on Responsibility at Request the High School requesting permission for an art show in front of the Visitors' Center on May 17, 1970 from 10.30 A.M. to 5 30 P.M. The Board agreed that Mr. O'Connell is to check this request and report back to the Board. The Chairman read a letter from the Town Celebrations Committee April 20 inviting the Board to participate in the parade at 7 00 A.M on April 20, 1970. The Chairman read a letter of resignation from Leon A. Burke, Jr. as Director of Guides. Guide Upon motion duly made and seconded, it was voted to accept, with Director regret, the resignation of Leon A. Burke, Jr. as Director of Guides. The Board agreed to request Mr Burke to continue as Director un- til a replacement has been appointed. Upon motion duly made and seconded, it was voted to re-appoint the Guides following as Guides of Lexington Re-appt. Marianne Harvell Peter Harvell Scott Collard David Cantor Water Upon motion duly made and seconded, it was voted to sign a water Abatement abatement for Percy H McNutt, in the amount of $ 17. 15, wrong reading. Mr. Kenney informed the Board that the Air Pollution Committee met last Wednesday with the sponsor of the Article in the Town Meeting Air Warrant to inform the members that the Committee will recommend that Pollution open burning in the Town will be completely restricted, effective to- Committee day. It was agreed to send a copy of the letter from the Air Pollution Committee to each member of the Board. Upon motion duly made and seconded, it was voted to grant per- Youth mission to the Youth Baseball Leagues to hold the annual parade on Baseball Saturday, May 2, 1970, at 130 P.M ; Chief Corr and Chief Spellman Parade are to be requested to supply a cruiser and a fire engine for the parade. At 8 00 P.M , hearing was declared open upon petition as follows "We the undersigned residents of Woburn Street and Leonard Road, hereby Moloy Dog request the Board of Selectmen to take action to rid our neighborhood of a vicious and dangerous dog, owned by Mrs. Moloy of Woburn Street. We feel this is necessary for the protection of our children and adults in this neighborhood," and signed by the following Robert A. Marasca 240 Woburn Street Mrs. Anthony Ferrari 24 Leonard Street Anthony Ferrari 24 Leonard Street Barbara Ferrari 24 Leonard Street V7 J Mrs. Edward Modoono 285 Woburn Street William White 289 Woburn Street Walter A. Coit 290 Woburn Street Mrs. Mary E. Farfaras 14 Leonard Read The Chairman explained that this is a legal hearing and requested the witnesses to rise and take an oath that the testimony given by them was, to the best of their knowledge, the whole truth The witnesses complied and the Chairman asked that they confine their remarks to specifics Mrs. Jean Morasca said that last spring she had started calling the Dog Officer practically every day. The dog always was around and growled at me even when she is trying to get up her sidewalk; yesterday and the day before, the dog snapped at us when we were on our bikes and we have to get off and walk it by the dog; this happened all last sum- mer, spring and fall . The Chairman asked if the dog had bitten her or the children? Mr. Morasca replied, no, not yet, does he have to bite me before something is done about it? The Chairman replied, no Mrs. Morasca said that he snapped at me and is forever net letting me get into the house. The Chairman asked if the dog is loose most of the time? Mrs. Morasca said that he is not tied or chained or in voice com- mand when around my area I have spoken to the Dog Officer, he has been to my house about thirty times and 1 believe d have even spoken to Mr. Kenney about it last summer. Mrs. Ferrari said that the first instance was when her husband was on his way to Countryside around the 12th of December and the dog bit him and they had to cauterize the leg at the hospital . The dog also comes up the read and you can't get out of your car with the, snarling and every time I go out I carry a can of Mace with me; I live five blocks from this dog. He also went after my daughter down Woburn Street and Mr. White and Mr. Shontag came out with a stick and Barbara could hardly get back to the car The only one bitten is Anthony; the dog gets after them when they get off the school bus; he is uptown and all over the place; he is loose all the time; he really snarls, no fool- ing around, you couldn't get close to him; he just comes out of nowhere and I wouldn't walk Woburn Street if you paid me. Mr. Kenney asked how long has the dog bothered you? Mrs. Ferrari said since December; he is at my yard all the time. Anthony Ferrari , Jr said that there is really nothing more to add; every time I would walk down Woburn Street the only thing I can do is kick him away The Chairman asked if his children chased the dog or threw stones? Mr Ferrari replied, no. Mr Greeley said that he was interested in Mr Ferrari saying be would kick him away; his experience is you don't get rid of a dog that way. 138 Mr. Ferrari said that he bit my leg. Mr. Greeley asked if he ignores him now? You don't kick at him new? Mr Ferrari replied, no. Bill White said that he lived at 289 Woburn Street and was sorry his wife couldn't be here; what I want to say is to report what my wife has told me. In the fall of last year, between September and October my wife reported that the dog chased our son into the house; en one Sunday afternoon, he chased the boy onto the porch about three times and every time he went back into the yard, he chased him. She tried to get in touch with the Deg Officer but learned he was in Arlington; on two or three occasions, the deg chased Henry, who is an emotionally disturbed child and I would hate to have him bitten by the dog as we would have problems. The dog still runs loose chasing cars. Our driveway is directly across from the driveway of the owner of the dog We are rather apprehensive of what might happen next summer. The Chairman said that you have been told that the Dog Officer is not available on Sunday? Mr. White said that this is the report my wife gave me. She called on the phone and whoever she spoke to said it was net possible to get the Dog Officer. The Chairman said that this is unfortunate because he is available. Mr. Kenney asked if the dog ever bothered him? Mr. White replied, no, or any of the other children; we have two other children I have seen the dog in the backyard and in the neigh- bors' yards but I have never had an encounter with him. Henry is II ' years old, in special class in the Bowman School and I am concerned of the passibility of the dog attacking some child on a bicycle and, as you know, if the dog charged, he might go onto the street We are very concerned about this. The Chairman asked if Mr. Colt was present. He was not. Mrs. Farfaras said that one night while lying on the couch, I heard a noise and I jumped up and ran to the porch and thank God I didn't open the storm door and here he is at the glass. When I empty the garbage, he snaps and growls. The Chairman asked if the dog had chased her? The Chairman said that we have received a letter from Mrs. Priscilla Stoddard, 262 Woburn Street Mrs. Stoddard said that she lives between where the deg lives and Leonard Read, I have a 13 year old son and coming back from Countryside one day on his bike, the dog bit him and we did not know who owned the dog. We have called the Dog Officer numerous times and reported the dog and to the Board of Health. We have to put the snowblower away as the dog won't allow us to use it. 1 fear for my 7 year old and fear for my son, along with Mr. White The Chairman asked if the Moloys paid the bill for the dog bite? Mrs. Stoddard replied, no, if my deg bit their children, I would pay. The Chairman asked if the Moley boy was disrespectful? 59 Mrs. Stoddard said that he swore at me and I have had to call the school principal and he has talked with him. He is 11 years old and has been cruel to my 7 year old daughter and the policewoman at the corner had to stop a cruiser to have him stop Mr. Greeley asked if her son had medical attention after the bite? Mrs Stoddard said that he had a tetanus shot the first time and the second time, she had called the Doctor and he said to wash it and it should be O.K.; the dog broke the skin and he was black and blue for some time. I have caught the dog tipping over my rubbish cans time and time again. Moloy children go to a family on Leonard Road so the dog goes through my backyard; my little girl won't go out in the backyard where she could ride her bicycle The Chairman asked if the Board had any questions? There were none. Mr. Frank Belcastro, Dog Officer, submitted his report to the Board. He said that there have been 17 citations against Mr. Moloy and fines of $ 170. The Chairman asked if they had been paid? Mr. Belcastro said they had not been; when he had made out the ci- tations, Judge Forte said that they were made out wrong. The Chairman explained that when the Dog Officer makes out the ci- tations, he goes to court and the court informs the defendent; in this case, the Dog Officer did this and was told they were wrong and they are- to be re-issued. Mrs. Morasca said that she has a 6 year old who has learned to freeze when the dog comes near her What is the leash law? Is this necessary? Other people have dogs and you never see them; the people across the street have one and I never knew it If we have a leash law, why come to this? I have a 2 year old. The Chairman said that our leash law specifically states that the dog has to be on a leash or within voice command; there is nothing that is given to the Selectmen to restrain the dog unless we go through this procedure. Mrs. Stoddard said that the state law said that if a person is bitten, the dog must be restrained for a certain number of days; I re- ported this and the dog was not restrained. I called the Dog Officer and told him that the dog was still out. Mr. Belcastro said that they say the children let it out. I went there and said that I had a complaint that the dog is loose and Mrs. Moloy said if you are so smart, you find him. They don't live together, they are separated. They did say they would get rid of the dog but it returned. The Chairman declared the hearing closed and the Board would take the matter under advisement and the witnesses would be informed of the decision of the Board Later on in the meeting, the Board agreed to request Town Counsel to draw up an order to be sent by the Board to Mr. Moloy and also to Mr. Nawoichik, as a result of the dog hearing held on April 6, 1970 J �)V The Chairman read a report from the Traffic Committee regarding the proposal by the Lexington Golf Club to install parking on their property north of Hill Street, approximately opposite 42-48 Hill Street. The report states that the proposed layout, including parallel parking along Lexington the north side of Hill Street and a two-row parking area on the Club Golf Club land are generally acceptable to the Traffic Committee in the location Parking shown on the plan. The width of the parking area should be increased from 60 feet to a minimum of 64 feet and the angle of parking stalls on the easterly side changed somewhat to facilitate entry. Mr McSweeney said that basically we felt, like the Board, that this is a private parking lot and it could be changed a little bit to conform and make it workable. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Traffic Committee to accept the concept of the plan pre- sented by the Lexington Golf Club for the parking lot, with the recom- mendation of the following changes I The width of the parking lot be increased from 60 feet to 64 feet 2. The angle of the parking stalls be changed to 90° so that the parking will be more functional . Mr McSweeney is to discuss these two recommendations with the Lexington Golf Club. Mr. O'Connell informed the Board that he and Mr McSweeney had met Westview with Mr Kling regarding a master plan of Westview Cemetery, it is Cemetery urgent to get it done and would include the land the Town is interested in for the future. The Chairman read a letter from the State DPW, signed by Edward Doyle, denying our petition to install the underground conduit on Hayden Avenue. Hayden Ave The Chairman asked where do we go from here? Conduit Mr. McSweeney replied that we either re-petition or we have to go the route of the pole The Chairman asked, overhead? Mr McSweeney replied, yes; it is necessary that we do get back to them quickly The Chairman said that he will call the Commissioner tomorrow. Mr. McSweeney said that he was reluctant to re-petition, because we don't have anything new. The Chairman said that we will re-petition it. Mr. Kenney said that as a carryover from Town Meeting on street re- d quests, it is encumbent upon us to review how we go about this procedure, Street so that next year we can give them a concise answer; we should be able Procedures to say we took the entire matter and we did something Mr. McSweeney said that before the public hearing, the people that voiced an opinion the loudest were personally invited by telephone and they didn't show up at the informational hearing. 61 Mr. Kenney said that they are saying they would prefer to have design money Mr. Greeley said that what they are saying is, they want a chance to criticize your design. Mr. Mabee said they would like to approve three or four alternatives and make changes when they select; unless we modify, we are going to stronger opposition and we must make a distinct gesture Mr. O'Connell asked if they aren't specifically concerned with an exact and final location of the street as to the lines within the right- of-way? Mr. McSweeney replied, yes. Mr. McSweeney said that these people are genuinely concerned until they see the final plan; in final engineering, it may shift. Mr. Greeley said that he would like Mr. McSweeney to tell them the established standards when they take out a petition and tell them in filing the petition if they ask for modification of these standards, he will set up an informational hearing at the time they file the petition so we have a chance to go over it. Mr. William Whalon met with the Board The Chairman said that we have read your report on the regional re- fuse problem and were very impressed; you have done a fine job and we unanimously support your position Mr. Whalon said that it is a frustrating thing not to be able to come up with something very definite but, unquestionably, within 15 years there will be significant developments made. If there is some feasible Regional method of a way to do it by a district, it is now merely a board, if we Refuse come up with a good recommendation, we would submit the recommendation Board for an Article for the Warrant and a proposal that Lexington vote to join the regional district to consist of various communities involved and carry on under a form of agreement The Chairman said that would have to go to the townspeople The Board expressed its thanks and Mr. Whelan retired Upon motion duly made and seconded, it was voted to adjourn at 9 35 P.M A true record, Attest; of° -'' Executive Clerk, Selectmen f Vf 4r