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HomeMy WebLinkAbout1970-04-06-BOS-min 38 SELECTMEN'S MEETING April 6, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, April 6, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel , Mr. O'Connell , Town Manager; Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone and Telegraph Company to relocate three poles on Hillcrest Avenue Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, and Mr Dunn, representing the New England Telephone Company, were present Mr Hillcrest Pratt said that this petition was submitted because of a request from Avenue the Town for a relocation of existing poles for the widening of Hill- Pole crest Avenue. Location The Chairman asked if anyone present would like to speak? Mr Laurance H Shanks, 10 Hillcrest Avenue, asked to have the location of the poles explained to him as one pole is in front of his property and has a guy and anchor supporting it Mr Pratt explained that the pole will be relocated back toward Mr Shank' s house but the guy and anchor will stay where it is pre- sently located as it is 5' from the existing pole now Mr Shanks was in favor of the relocation, provided the anchor remains in its present location No one appearing in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the following location, subject to the con- dition that the anchor not be moved from its present location Hillcrest Avenue, northwesterly side, approximately 80 feet northeast of Fottler Avenue,-- One ( I ) pole (one existing JO pole to be removed) Hillcrest Avenue, northwesterly side, northeasterly from a point approximately 349 feet northeast of Fottler Ave- nue,-- Two (2) poles (two existing JO poles to be removed) Underground Hearing was declared open upon petition of the Boston Edison Com- Conduit - pany to lay 90' of underground conduct on Marrett Road at Massachusetts Marrett Rd Avenue Mass. Ave Notices of the hearing were mailed to the petitioners and filed with the Town Engineer Mr. Pratt introduced John Gurkin, Engineer for the Boston Edison Company, who was present and explained that the conduit is to be ex- tended about 90 feet This extension is to increase their service within their existing high voltage wire system No one present in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company for the following location Marrett Road (Bedford Airport Road) , at Massachusetts Avenue, a distance of about 90 feet - Conduit Mr Zehner, Town Treasurer, met with the Board He said that the Town is in need of $ 1 M in tax anticipation money and he has nego- tiated loans with the following banks New England Merchants National Bank, on $500,000, 4,04 discounted First National Bank of Boston on $500,000, 4 09 discounted The Harvard Trust Company on $500,000, 4 09 discounted Lexington Trust Company on $500,000, 4 09 discounted Tax Anti- Mr Zehner recommended that the bid be awarded to the New England cipation Merchants National Bank in the amount of $500,000, First National Bank Borrowing of Boston, in the amount of $ 170,000, Harvard Trust Company, in the amount of $ 170,000, Lexington Trust Company, in the amount of $ 160,000 ' He said that the Town is borrowing money eighteen days later this year than last year and there is a significant saving of appro*.i.mately $2,000 The banks have requested that the notes be in small denomina- tions as they are more negotiable in smaller amounts. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Treasurer to borrow $ 1 ,000,000 in tax anti- cipation money and to award the bids to the following banks New England Merchants National Bank, on $500,000, 4 04 discounted First National Bank of Boston on $ 170,000, 4 09 discounted The Harvard Trust Company on $ 170,000, 4.09 discounted Lexington Trust Company on $ 160,000, 4 09 discounted Hearing was declared open upon petition of the Boston Edison Com- pany to lay about 210 feet of underground conduit and install a manhole in Hartwell Avenue southwesterly from Maguire Road Under- Notices of the hearing were mailed to the petitioner, owners of ground the property as listed on the petitioners' plans, and also filed with Conduit the Town Engineer Hartwell- Mr Pratt, representing the Boston Edison Company, was present and Maguire requested " leave to withdraw" the petition as a new plan of the area Road will be submitted in the near future No one appearing in favor or in opposition, the Chairman declared the hearing closed 1 4( ) Upon motion duly made and seconded, it was voted to accept the with- drawal of the petition submitted by the Boston Edison Company to install a manhole and lay underground conduit in Hartwell Avenue, at and south- westerly from Maguire Road, a distance of about 210 feet Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company for " leave to withdraw" the petition dated February 20, 1970 for the location of seventeen poles on Hartwell Avenue, northwesterly side, southwesterly from a point approximately 118 feet southwest of Maguire Road Hearing was declared open upon petition of the Boston Edison Com- pany to lay underground conduit at Maguire Road and northwesterly from Hartwell Avenue to Westview Street, a distance of about 1 ,645 feet, and install manholes 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 Pratt, representing the Boston Edison Company, said that this petition is in regard to the line going up Hartwell Avenue to the Bedford-Lexington line Mr. McSweeney recommended that a new plan be submitted to show that the conduit is placed in the southerly grass plot and that the crossing at Westview Street be more of a diirect crossing Mr Pratt agreed to submit a new plan showing this location. No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison for the following location, subject to the recommendation of the Town Engineer that a new plan be submitted. Maguire Road, at and northwesterly from Hartwell Avenue to Westview Street, a distance of about 1 ,645 feet - Manholes and Conduit Hearing was declared open upon petition of the Boston Edison Company to lay underground conduit on Wood Street, approximately 335 feet northwest of Holton Road, a distance of about 50 feet Underground Notices of the hearing were mailed to the petitioner, owners of Conduit - the property as listed on the petitioner' s plan, and also filed with Wood Street the Town Engineer Mr Pratt, representing the Boston Edison Company, said that this petition is to be from one side of our right-of-way to the other side and will be put underground No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company for the following location Wood Street, approximately 335 feet northwest of Holton Road, a distance of about 50 feet - conduit 41. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the location of one pole on Wood Street Notices of the hearing were mailed to the petitioners' , owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that this petition is a request of his company to install a pole for the line coming down Wood Street and crossing at the A J Lane Construction Com- pany property The Chairman asked why it was not located on the property line in- stead of as indicated on the plan? Mr McSweeney said that he had spoken to Boston Edison about cross- ing private property and was told that they had permission from the owner to do it No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company for the following pole location Wood Street, Southwesterly side, approximately 1 ,035 feet north- west of Fairview Avenue, -- One ( I ) pole The Chairman informed Mr Pratt that on March 23, 1970, the Board had taken under advisement the Boston Edison Company' s petition for ' underground conduit on Waltham Street near Blossomcrest Road until we receive an answer on the permanent location of a pole at 758 Waltham Street, which now has both old and new poles and the equipment must be transferred to the new pole The Board would like a date that the work Underground is to be done. Conduit Mr Pratt said that he had, today, submitted a letter to the Board Waltham St of Selectmen stating that the proper officials of the Boston Edison Com- pany and the New England Telephone Company have been notified to remove their equipment from the old pole to the new pole The Chairman said that as soon as we have received an answer that this has been accomplished, we wilt act on the petition for the under- ground conduit Mr. Legro informed the Board that Sherman and Enid Starr, 62 Hill Street, who live across from the Lexington Golf Club, were denied an appeal from the Board of Appeals regarding a decision of the Building Inspector that the sale of alcoholic beverages to be consumed on the Lexington premises of the Club does not constitute a change in use whereby the Golf Club zoning by- law relative to parking requirements would apply, and have filed a writ of mandamus to enforce the law. An understanding has been reached by counsels in the cases of Starr v. Donald K Irwin and Starr v Board of Appeals for twenty- four additional spaces on the property and six additional spaces along the hill in the crescent-shaped parcel along the normal bound- ary of the stone wall ; this is not the property of the Town as it v-412 was abandoned by the Town when Hill Street was relocated in 1926 or 1929 This proposal has been shown to the Town Engineer and he has no objection to it Before he indicated the Town' s assent, Mr Legro wanted to be sure there is no objection to having another ac- cess through a stone wall as they want to get the work going to get these cases disposed of The Chairman asked Mr McSweeney if he had talked to the Traf- fic Committee? Mr McSweeney replied that he had not; they originally came in with angle parking and he had said that we couldn't talk about that We suggested this parking and gave our reasons why we didn't want angle parking Mr. Kenney asked if it would be hot-topped? Mr Legro said, no, it would be gravel or crushed stones Along the side of the street it would be gravel or hot top. He suggested that the proposal be referred to the Traffic Committee The Chairman asked the Board' s feeling? Mr Mabee moved that the Board go along with the recommendation. Mr Legro recommended that the Board simply take the position that it has no objection at the present time The Board agreed to refer the proposal for parking at the Lexing- ton Golf Club to the Traffic Safety Committee and request a written report be submitted to the Board. At the request of the Town Clerk, four jurors were drawn, as follows Jurors Lowell S Bensky 10 Blake Road Leonard F Milgate 60 School Street Harold J Koffman 35 Tyler Road Martin M Friedman 4 Blodgett Road At 8 00 p.m , hearing was declared open upon petition of resi- dents of Nichols Road as follows "We the undersigned wish to register a complaint concerning the black and brown German Shepherd residing at 16 Nichols Road This dog poses a serious threat both Nawoichik to the children and adults of this neighborhood The mailman has Dog refused to deliver mail on Nichols Road when the dog is loose. The Hearing dog' s owner, Mr Nawoichik, has been requested to keep the dog re- strained by the post office, the dog officer and neighbors We, therefore, are submitting this petition to the Board of Selectmen to inform them that we request the dog' s removal from the neighborhood: Mr & Mrs Guy L Eidson 8 Nichols Road Mr & Mrs Raymond S Simpson 7 Nichols Road Mr & Mrs George Bennett 15 Nichols Road Mr & Mrs John Curtin 6 Nichols Road Mr & Mrs Charles L'Homme 9 Nichols Road Mr & Mrs George Pittman II Nichols Road Mr & Mrs William Phelan 17 Nichols Road Mr & Mrs Richard S. Wells 20 Nichols Road 4 e� ' Henry C. Latto, Supt. of the Lexington Post Office, was present on behalf of the regular carrier and all substitutes He read a report from the letter carrier involved "This dog was picked up once by the dog officer - broke loose from the dog officer and within a week re- turned home by himself and since then has prevented delivery of mail to fifteen homes on at least one day " The Chairman said that we have received this petition, signed by residents of Nichols Road The Board has always taken the position that although we don't have to, we have a legal hearing to hear both sides. Attorney Tropeano is here representing Mr Nawoichik The Chairman asked if there was an Attorney present to represent the petitioners? No answer He said that they do know they have the right to have one present No answer He asked who would be the spokesman? Attorney Tropeano raised a point of order He asked for some ap- plicable statute that the signatures of any petition are to be con- sidered He has a statute that says they will be sworn in and he wanted to hear that The Chairman said that those present to give testimony are to be sworn in and the petition is just to call the hearing, and will not be part of the evidence He explained the procedure of the hearing and asked that courtesy be given at all times to those testifying He requested that those to give testimony rise and swear that the testi- ' mony given by them was, to the best of their knowledge, the whole truth The Chairman asked who would speak for the petitioners? Mrs Simpson, 7 Nichols Road, didn't know The Chairman said that Mr Phelan came to see me and was told that someone would have to present their case, and I suggested that he hire an attorney The dog officer, Mr Belcastro, will not present your case but he will report on what he has done. One of the petitioners asked if it could be presented in part as each person knows it? The Chairman agreed Mrs. Sheila Wells, 20 Nichols Road, said that the first problem we had was in the summer of 1968, after the leash law went through We had visitors and there were four or five children in the yard, one child was 18 months old, the son of Dr Chabot of Waltham Street, and was sitting in the sandbox when the dogs ran into the yard and, with no provocation, the dog dragged the child across the yard; we had to run out and drag the dog from my yard over to his yard My husband spoke to Victor Nawoichik and asked that the dog be kept out of our yard That was almost two years ago and I am still on the phone call- ing 'Mr Belcastro This year, I have an 18 months old baby and don't want a repetition of this I find this dog vicious I don't bear any LII wilt but they should keep the dog tied up Attorney Tropeano said that you say another dog was involved; what is the description? J44 Mrs. Wells said that it was a white Shepherd owned by Nawoichik Mr Richard Wells said that the boy' s father issued a complaint to the Police Department and nothing was done about it Mrs Shirley Bennett, 15 Nichols Road, said that I feel the dogs are vicious Two summers ago, I had two prize rabbits and they were up on a wire in front of the case and Heidi and another one of their dogs chewed the rabbits' feet off I had to run over in my nightgown to get Stephen as one of the rabbits was so badly chewed, he took over The rabbit died and we kept the other one but, after a month, it died I feel if they should viciously attack like that, it is terrible, it could have been one of my children We had an- other instance, not in question tonight, where my younger son had the nipple torn off and has a scar from another one of their dogs The Chairman asked if these dogs had attacked a person? Mrs Wells said that Lady has attacked but this one has not bitten a child of mine. They have come in and knocked one down Attorney Tropeano said that Mrs Bennett and her husband differ; he has patted the dog He went over and apologized for the petition Mrs Bennett said that to be honest, we discussed this. I signed and I did not apologize Mr Charles Malone, Assistant Superintendent of the Lexington Post Office, said that the official records of the Post Office show a report dated January 29, 1970 that on January 22, 1970, due to inter- ference from a dog owned by Nawoichik of 16 Nichols Road, no delivery could be made at 21 , 17, 15, II , 9, 7, 6 and 8 Nichols Road and 96, 90, 85, 91 and 97 Blake Road This dog has been the subject of many complaints John Guilfoyle, carrier in that area, reported to me that while going in the front walk at 16 Nichols Road to make a delivery on June 1 , 1968, a dog ran over and bit his right hand, he was treated by Dr Pyle The records show this injury occurred. Marshall Dean, 85 Blake Road, said that he had never seen that dog in our yard at all , he didn't know what he looks like, it has never been in our area, that' s all I can say Mrs Dean wondered why 85 Blake Road is mentioned by Mr Malone who said that the dog was in the neighborhood and he had to curtail service because of the presence of the dog; she had never seen the dog in her yard Mrs. Simpson, 7 Nichols Road, said that about one and one-half months ago, her two aunts had come to pick her up and Heidi was out and barking and annoying them and afterwards, she had to call the police to escort them back to the car She had called Stephen to please keep the dog in He claims he works until 5 00 P.M and the dog is never out, but he has lots of boys living there and he doesn't know what they do The dog is out night and day The Chairman asked why Mr Phelan is not at this hearing? Mrs Phelan, 17 Nichols Road, said that she had just talked with her husband on the phone and he said that when he was told about the attorney, he got the impression that one was not needed He did call an attorney who said that one wasn't necessary 45 The Chairman said that he had recommended that he have an attorney because he was here asking for this hearing and the only way we can re- strain this dog is by a hearing Someone has to present the case My question is, if this is as serious as he made it seem, why isn't he here? Mrs Phelan said that he was at home because of the babies She said that in February, her husband had been out shoveling the driveway and the dog came over and threatened him, her husband came in and later punt back out again and the dog was still there He called the Police and, as a result, the Dog Officer came up but couldn't catch the dog. This dog is out at 10 00 at night and early in the morning. Mr. Kenney asked if it was out on a leash? Mrs. Phelan replied, no. Mrs Bennett said that she has two children and there are fourteen children in the neighborhood under 8 years of age, they are afraid of this dog because the dog will come up and bark and threaten Stephen will have to say he had to bring this dog in Last summer, my children would stay in the house and wouldn't go out for Halloween because of the dog She didn't feel her children should have to be afraid to go out in the neighborhood. She didn't feel they should have to move be- cause of this She didn't want another one to bite her children The Chairman said that this hearing is held for specific facts as to why this dog should be restrained. Mr Raymond Simpson asked why the dog had to be restrained when we have the leash law? The Chairman said that they are two different things, under the leash law, the dog should be out under control of someone at all times, it doesn't mean a leash You are asking for the dog to be restrained. Mr. Simpson asked, isn't that the law? The Chairman replied, no. Mr Simpson said that they were asking for someone to be with the dog. The Chairman said that you have asked for this dog to be restrained by presenting us with this petition Ifyou want the dogto be just restrained under the leash law, you should have told us. Mrs Wells said that after the day the dog threatened Mr Phelan, I have been told the orders now are to shoot the dog on sight I am dis- turbed about the viciousness of the dog because children have to be kept at home. The Chairman said that the orders are that any dog has to be dis- posed of if, in the Dog Officer' s viewpoint, it is vicious Attorney Tropeano said that he would like to have Mr Nawoichik, Sr speak. The only incident there was two years ago is a hearsay statement from Mr Malone, Assistant Superintendent of the Post Office, that the mailman was frightened of a dog and wouldn't deliver the mail It was the other dog that Mr. Nawoichik gave away that created that situation The Chairman asked Mr Nawoichik if he still has it? Mr Nawoichik, Sr said that he gave it away As for the man next door, the dog had puppies and it was in the summertime the man came out J46 and the dog was tangled up and he came over Knowing she had puppies, I yelled to him He untangled the dog and patted it and went away. She is not a vicious dog The problem is, some people don't recognize what my Shepherd looks like and it is not always her She has gotten away and I know of only one instance of her having bitten anybody The mailman chased the dog down the street with a stick and threw stones at her and she protected herself; problem is trespassing; I keep the dog on a chain in the yard. Stephen Nawoichik said that he has a run in back, a 20' run this is where her son was bitten by the other dog; he stepped on Lady. Mr Nawoichik, Sr said that Stephen is living there now, I don't live there The Chairman asked how many times the dog was off the chain? Mr Nawoichik, Sr. said, three times I know of since the leash law, three times she broke the chain She does get out, these people say once a week and I say once a month,. Mr Greeley thought that these people ought to be allowed to cross-examine Mr Nawoichik Mrs Simpson said that she had called Stephen that evening when Heidi threatened her two aunts What is our leash law? At all times the dog should be under supervision. Do you deny she is out from sun set to sun rise? You admitted she was out Stephen Nawoichik said that at that particular time, I did Mrs Simpson said that she would testify in court that the dog is out every single night, all night, many nights How can you say once a month? You told me she doesn't like it in the cellar As far as children are concerned, there are fourteen under 8 years. Last summer, we had to drag the children in because Heidi was out Stephen Nawoichik said, I didn't say that Mr Nawoichik, Sr asked what makes you say it is a threaten- ing dog? Mrs Bennett said that if a dog came up and knocked me down, I would be afraid - he is in my yard. Monday night, Heidi was .loose and I couldn't get out until she was a distance away and I had to run back in. The Chairman asked couldn't or wouldn't get out or just afraid. Mrs Bennett said that she was afraid, afraid that next time I will have to stand there and be knocked down Mrs Phelan said that she has called the Dog Officer many times at night at 10-00 o'clock, I have seen that dog out at least three times a week A yound man said that each person should be able to speak, both for and against, and should be able to speak all they want to. The Chairman said that we should stick to the original ground rules, the case is presented; then Attorney Tropeano; then the Dog Officer, then those - regardless of for or against He asked Mr Belcastro, Dog Officer, to come forward and present his report Mr Belcastro read his report, as follows 47 I June 20. 1969 Complaint At 10 00 A M , received a telephone call complaining that Mr Nawoichik' s dog had bitten the painter that was working at his home Dog Officer I called on Mr Nawoichik and told him to keep his dog tied in the house and he stated that the painter tried to get in the cellar- way while the dog was in the cellar The painter stated that the dog was outdoors August 4. 1969 Complaint Call from Mrs Wells, 20 Nichols Road, that Mr Nawoichik' s dog was out loose again, and had bitten a child Dog Officer When I arrived, the dog was just entering his enclosure. No response at the door or phone August 5. 1969 Dog Officer Keeping an eye on dog due to other complaints received August 9. 1969 Complaint Call from Mrs. Simpson, 7 Nichols Road, that two German Shephards belonging to Mr Nawoichik were loose Dog Officer Called and Stephen Nawoichik answered phone Told him to keep dog tied as there was a leash law in Town August 13 1969 Dog Officer I picked up Nawoichik' s dog and brought it to Dr Smith' s kennel Dr Smith' s helper refused to take the dog on the grounds that he didn't want it around the high school help As I left there, ap- proaching the Rte 128 bridge on Bedford Street, the dog jumped out of the window and started running down Rte 128 I proceeded to chase him until I reached the Waltham line I returned to Nichols Road and warned the neighbors there what had happened and that if the dog re- turned to let me knew. August 17 1969 Dog Officer Mr Nawoichik going to court for violation of the leash law and possessing two unlicensed dogs. December 2 1969 Dog Officer Call from Mr. Nawoichik stating that he had lost his slips for court fines of $20 00 for an unlicensed fine and $2 00 for violation of leash law January 17 19 and 21 1970 Complaint Calls from Mr Wells regarding dog January 27 1970 Complaint Call from Mrs. Simpson complaining of dog. January 30 1970 Complaint Received a complaint call from Mrs. Simpson, 7 Nichols Road, that Mr Nawoichik' s dog wouldn't allow her mother out of her house Her mother walks with two canes, and it is9 uite difficult for her to manage normally Dog Officer I told Mrs Simpson to notify the Police Department for the simple reason they could act as witnesses to the incident and, secondly, they could shoot the dog, if necessary. No answer when I called Mr. Nawoichik In the final analysis, upon further investigation, I learned that the 1 21 ‘1 mailman was also bitten and refused to deliver mail on this street. I also learned that a child was bitten on the breast and has the scars to prove it February 3 1970 Complaint Mrs. Simpson called to say that the Nawoichik dog was out again and asked if I would go up and see what I could do I went there and couldn't see the dog Dog Officer I went to see Mr. Nawoichik and there was no answer February 10 1970 Complaint Mr Phelan called me, it was a Sunday morning around 7 30 A.M and he said that he was out shoveling and couldn't get out of his yard to shovel because of the dog Dog Officer I told him I would go over there but, in the meantime, he called the Police Station and Lt Dooley called me and said that he had sent two men over in a cruiser I joined them and they tried to shoot the dog who was roaming the street at the time They couldn't hit the dog and then he went into his own enclosure The Police and I went to see Mr Nawoichik and there was no answer March 20 1970 Dog Officer Mr. Nawoichik was fined $ 12.00 in Concord District Court for an unlicensed and unleased dog. I have kept a close check on the neighborhood at least twice a day and I haven't seen the dog out. March 27 1970 Complaint Received a complaint call from Mrs. Phelan, 17 Nichols Road, that Nawoichik' s dog was out running loose and she was afraid to let her children out to play Dog Officer Since I Was at court this day, I was unable to go there to check on the situation. It seems to me that every time I drive up there, the dog seems to know the truck and bounds for his own yard The Chairman addressed Mrs Wells and asked, you say the dog had bitten a child? Whose child? Mrs Wells replied, Dr Chabot' s child The Chairman asked Mr Belcastro, you said that back in January, a mailman was bitten - which mailman? Mr. Belcastro didn't know The Chairman asked Mr Belcastro if this is the same child mentioned in his report? Mr Belcastro didn't know, just what I heard Attorney Tropeano asked which parent complained on these instances when told a dog had bitten children? Answer Mrs Wells Attorney Tropeano asked, you say you have been keeping a close check since last January, you haven't seen him loose2 Mr Belcastro answered he had seen the dog running in the street and running in his own enclosure. Mrs Demond Dewan, 30 Fuller Road, asked Mr Belcastro if the dog had bitten him? Mr. Belcastro replied that the dog had bitten him on the hand 49 1 alsogo Mrs. Dewan asked, did the dog for your face? Mr. Belcastro answered yes Mrs Dewan said, May I ask that it be recorded The Chairman asked Mr Belcastro if he had issued another formal com- plaint since then? Mr Belcastro replied, yes. The Chairman asked if the dog is licensed? Mr Belcastro replied that it was The Chairman asked if anyone had further facts as to the dog being dangerous, vicious, or not on a leash? Mrs Dewan said that this is the testimony if my sons, 9 and 6 years, they say when they go to Nichols Road toplay, dos come and 9 inti- midate them so they can't move; it was only once that the dog did not threaten them The Chairman asked if anyone else wanted to speak? Mrs Dean, 85 Blake Road, said that she had been a resident of Lexing- ton since January I , 1949 and had two sons; when we moved to Lexington, one was two years old and this one we had six years later We never had a fence and are on the corner of Blake and Preston Whenever they were out in the yard I had no fear I have never seen the Nawoichik dog There are 2, 3 or 4 dogs that run through my yard but not a German Shepherd There was a Collie today and that dog is let loose every single day and I never complained because he does no harm to anybody in that neighborhood. I have never seen the Nawoichik dog loose and I live down the hill from I Nichols Road and there is no fence on my property Carol Smith, 126 Pine Street, Waltham, said that she was a friend of Stephen' s and said that she and her friend have taken the dog shopping for about three hours and she sat quietly and has eaten a hot dog out of her hand. Joel Dwyer said that he rents a room at 16 Nichols Road and has taken this dog to different houses, the dog never bothers anybody, never barks I run with her at night to make sure she doesn't bite anybody When the man couldn't shovel the driveway, one of the other neighbors went and got the dog and brought it to his house Walter Henkle said that he lives in Burlington and is a friend of Stephen' s. This dog is very mild, even tempered, is normal not vicious This dog is as mild mannered as can be and is not vicious; this dog is a watch dog and if there is anything coming, he will bark Patrick Gallagher, Follen Road, said that because a dog barks, it is not necessarily a threat I have been in the house a number of times and have patted the dog and it didn't bite me When I go over to the house, the dog is usually in the cellar and never bothered me Beb° Deah, said that he has seen the kids abuse the dog and kick it. Jack Tossberg, 21 Nichols Road, said that the dog gets out, comes to our door and scratches, we pat it and it goes home. On Sunday, the dog went out and I took it home and chained it up while my father watched and it never barked at me at all The Chairman said that all of these people say the dog is out and they brought it home 111 Mr Nawoichik, Sr said that he did say the dog did get out 50 Bob Dean said that he is always playing out in front of Conklin' s house and never heard from the Thayer' s, who used to live there, of abuse, the onlyone was the white one, the other one is so quiet I didn't know it existed; this is a quiet dog Mr Phelan said that Mr Tossberg claims the dog is not vicious, I can see why, they do feed the dog sometimes He says the dog is not vicious and, at one time, someone was bitten on his land Mrs Simpson said that no child has hit Heidi because they are petrified of her Mrs. L'Homme said that Mrs. Dean has said she has lived there since 1949, may I ask the age of the dog? Stephen Nawoichik replied, 6 years. James J Wells, Jr , 23 Eaton Road, said he has known the dog a number of years and has lived in the neighborhood 12 years, he has gotten out of the service recently and had a great deal to do with dogs; after having puppies, dogs have tendencies to be slightly obnox- ious towards people they are not familiar with. The dog is a watch dog when people are new It is not a vicious dog but after it has pups, it will tend to bark and be vicious towards people it doesn't know; it is not vicious or frightening people or anything that comes near it The Chairman said that if there are no new facts to be presented, he will call on Mr Tropeano Attorney Tropeano said that 99% of the facts you have heard have been strictly hearsay, there is only one direct piece of testimony, Mr Belcastro said that he tried to catch the dog and grabbed it; if this occurred, it was a natural tendancy of the dog to react, I haven't heard anything in the last two years Once a dog molested a couple of children and it is no longer owned by Mr. Nawoichik Your problem is to separate that which is acceptable and that which is heresay and make your decision. Mrs Bennett said, I feel that the relationship of Lady biting my son has a relationship for one reason and will tell Stephen why Lady bit him Lady felt she was going to be hurt; she was abused at home; you ordinarily wear engineer' s boots and I have seen you stomp on his head She bit my son and I feel Heidi has the same tendancy and for the same reasons. The Chairman said that we have heard the story in great detail . The Board will take it under advisement We will discuss this with the Dog Officer and will let Mr Tropeano, know of our decision The Chairman declared the hearing closed. Later on in the meeting, the Board discussed the hearing. The Chairman said that his recommendation would be to postpone a decision as he had set up a meeting for tomorrow with the Judge in Concord and he will talk with him Mr. Legro said that the leash law ought to help the Selectmen avoid a hearing, some hearings ought to be eliminated There are two different things because a dog can be at large in the neighbor- hood without being vicious but is in violation of the leash law 1v Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person After discussion of matters of engineering interest to the Town, it was voted to go out of Executive Session and resume the open meeting Upon motion duly made and seconded, it was voted to approve the bond, in the amount of $2,000, for Rita J Breslin, Assistant Town Bond Clerk, bond does not require approval of the Commissioner of Corpora- tions and Taxations Mr Burke said that there was an error in water billing to Francis McCarron, 5 Hillside Terrace, in the amount of $54 50, and he requested the Selectmen to approve the abatement, in the form of a letter to the Tax Collector Abatement Upon motion duly made and seconded, it was voted to abate the sum of $54 50 to Francis McCarron, 5 Hillside Terrace, and to so inform the Tax Collector Mr O'Conne4l said that the bids received for the cleaning of ap- proximately 4500 catch basins were reviewed; he recommended that the bid be awarded to George Pierce, Jr , 25 Bishop Street, Leominster, Catch Massachusetts, at $ 1 .50 per basin Basins Upon motion duly made and seconded, it was voted to award the con- tract for the cleaning of approximately 4500 catch basins to George Pierce, Jr. at $ 1 50 per basin Mr O'Connell informed the Board that a request has been received from Mr Richman, General Manager of the Sheraton-Lexington Motor Inn, for an extension of hours of service of alcoholic beverages to 100 A M for cocktail receptions to be held on April 9, 10 and II , 1970 by the Sheraton- Mass. Society of Radiologic Technicians Lexington Upon motion duly made and seconded, it was voted to grant permis- Inn sion to the Sheraton-Lexington Motor Inn for an extension of hours of service of alcoholic beverages, as follows April 9 until 12 00 M , April 10 until 100 A.M , Arpil II until 100 A M Mr Burke said that on March 30, 1970, the Board voted to grant the request of Lincoln Laboratory to mount a calibration mirror on one of the water storage tanks of the Town, located off Morgan Road, Lincoln subject to one of the conditions that Lincoln Laboratory be required Laboratory to execute an agreement with the Town and to provide under the terms Calibration of such agreement the necessary insurance coverage for the Town He Mirror asked for some direction from the Board The Chairman said that we should be absolved of any liability of anybody getting hurt, complete indemnification We want a policy in case somebody does fall Mr Legro said that there should be an endorsement on their policy getting the Town of Lexington as the name of the insured. He asked in what amount? Tr- 4) t) rd The Chairman said that we would want at least $300 T to $500 T Mr Burke asked about property damage Mr Legro said that he was as much concerned about property dam- age as personal injury Suppose this was, in any manner, contributory to bursting and gallons of water dame down that hill ; there would be property damage The Town' s liability for storage of water is danger- ous enough without putting something on this tank that might lead to greater difficulty Property damage ought to be in the range of per- sonal injury Mr O'Connell said that it is almost inconceivable that this device could cause damage to this tank He compared it to a rear view mirror on a car Mr Legro said that we are not performing a municipal function when we do this. Mr Burke was instructed to talk with Mr Cahalane of the Lincoln Laboratory Mr Burke said that he would talk with him and suggest $300,000 for bodily injury and $500,000 to $ 1 M on property damage. Mr McSweeney said that a request has been received from Colonial Builders to connect to a Town sewer at the intersection of Garfield and Hickory Streets to service four lots; they will assume all costs from Garfield to Hickory Stteets and will build according to the speci- fications of the Town He showed a plan of the proposed easement and Colonial the limits of the public way Builders He said that we find their proposal acceptable from an engineering standpoint, however, since Garfield Street is a private way and the Town is an abutter to the proposed easement located in Garfield Street, the legal ramifications of a project of this nature should be clarified by Town Counsel Mr Legro said that this is the land formerly owned by Francis W K Smith Who owns the fee on Garfield Street and who has the right to grant the easement to put in the sewer? There is a question of title and Mr Smith was unable to correct it Somebody has to pro- duce an easement to Garfield Street to construct the sewer It was agreed that Mr Legro is to work with Mr McSweeney to resolve the matter Hayden Avenue was discussed The Chairman asked Mr McSweeney if he had more than one layout? Mr McSweeney replied in the affirmative He said that Mr Hayden Morgenstern had told him he would come in with some type of proposal Avenue and he had told him that he would be happy to look at it Mr Legro said that the Valleyfield option ought not to be exer- cised the way it is Upon motion duly made and seconded, it was voted to approve the Bond bond for Constable Guy Busa, in the amount of $3,000 1 5.-3 Upon motion duly made and seconded, it was voted to sign the water Abatement abatement for Ernest Simpson, $26.25; duplicate bill had been sent f The Chairman read a letter from Ronald and Judith Goldner, request- Tax Title ing the purchase of tax title lot #40 Rockville Avenue 40 Rock- It was agreed to delay action until more information is obtained. Ville Ave The Chairman read a letter from Itek Corporation, requesting that the consumption of four water meters be combined into a single bill per billing period A report has been received from Mr Burke, stating that the present policy is not to combine meter readings unless the meters are connected in series or are established as a battery of two or more meters and are installed at one specific location in a structure Itek has four meters in use and two of them are installed in two specific locations in a structure; the other two could be handled as a single bill as they are Itek Water connected in series. Bills The Board agreed to continue with the present policy of the Town and there would be three bills issued to Itek Corporation, instead of four water bills Upon motion duly made and seconded, it was voted to notify Itek Corporation that three water bills will be issued instead of four, as follows • Account Nos. C-95A- 10B and C-95A- IOC to be handled as a single bill by combining the consumption of these meters as they are connected in series Account Nos. C-95A- 10 and C-95A- I0A are to remain under the present policy of one bill for each meter installed at one specific location in a structure Upon motion duly made and seconded, it was voted to sign the better- ment assessments for the following streets, with an award of no damages: Betterment Downing Road Assessment Bloomfield Street Minola Road Upon motion duly made and seconded, it was voted to adjourn at li 00 P.M A true record, Attest }� Executive Clerk, Selectmen f � 1