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HomeMy WebLinkAbout1969-03-10-BOS-min 209 SELECTMEN'S MEETING March 10, 1969 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday, March 10, 1969, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were pres- ent Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Exe- cutive Clerk, were also present. The meeting was called to order by the Clerk, who declared that nominations were in order for the position of Chairman of the Board Mr. Robert Cataldo was nominated and the nomination seconded. Organization There were no other nominations. Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, it was unanimously voted to elect Robert Cataldo as Chairman of the Board for the ensuing year. Hearing was declared open upon petition of the New England Tele- phone Company for permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Bedford Street Notices of the hearing were mailed to the petitioners, owners of III the property as listed on the petitioner's plans and also filed with the Town Engineer Mr Dunn, representing the Telephone Company, was present and explained that there would be approximately 5600 feet of underground conduit and new manholes. This would serve the local development and industrial growth on Hartwell Avenue. The excavation would be 4" to 41/2" deep, a 24" minimum in the street and a 30" cover on the sidewalk. The road will be resurfaced with macadam, if gravelled, would be re. placed with gravel and if grassed, will be replaced with 6" of loam Bedford St. and seed Underground The Chairman said that a list of conditions have been imposed Conduit by the Town Engineering Department Mr Dunn looked at the list and said that these conditions would be fulfilled. The Chairman asked if there were any questions? Mr John Sampson, 8 Bedford Street, asked on which side the con- duit would be laid? Mr. Dunn replied that it would be on the southerly, the even numbers, side and would be laid under the sidewalk. Mr Alan Adams asked where it would start? Mr. Dunn replied that, because of the 19th of April parade, the Selectmen would not want the project going on at this end of Bedford Street, so they would like to start at the other end, at North Hancock and Valley Streets, around April first The project will take six weeks to two months to complete The Chairman said ,therequest to start at the other end of Bedford Street will be taken up at the time of the application for a permit Mr Sampson asked if there would be damage to trees? Mr Dunn replied that it is usually hand dug and they are very careful not to damage the trees. We will have one of our inspectors on the job at all times No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways; subject to the conditions stipulated by the Town Engineer. Bedford Street Southwesterly, then westerly from MH 54/124, at Harrington Road, approximately 5634 feet of underground con- duit, also, eight (8) manholes 254/1 to 254/8 inclusive Bedford Street From new manhole 54/158 northwesterly, approxi- mately 60 feet of underground conduit From new manhole 54/158, westerly approximately 80 feet of underground conduit. Bedford Street From manhole 54/155, northwesterly, approxi- mately 5 feet of underground conduit. Bedford Street From manhole 54/52, northwesterly, approxi- mately 8 feet of underground conduit. The Conditions set forth for the proposed permit by the Town Engineer are as follows 1. Police - one or two at all times. 2 Working hours - 8 00 A.M. to 4 30 P.M. (If traffic delays are encountered, the time may be altered.) 3 No debris, dirt, pipe, ledge, etc. , to be stored on the street or sidewalk after 4 30 P.M , unless permission granted by the Town. 4 Bituminous concrete must be used for temporary patching 5 When dirt sidewalk is encountered, the sidewalk shall be re- placed with the existing material; the last 2" to be gray stone dust, rough graded and compacted. 6 Telephone Company inspector must be in attendance at all times. 7 Residents must be able to use their driveways at night. Busi- ness usiness establishments must have access to their businesses at all times. 8 At no time will there be more than 250 feet of trench open. If this proposal is to be altered, the Town must grant permission. At the request of the Town Clerk, one juror was drawn, Edward Juror L Lawson, 42 Arcola Street, Lexington Mr Legro informed the Board that it is customary for Town Warrant Counsel, Town Moderator and the Selectmen to review the Warrant be- fore Town Meeting 211 It was agreed to meet in the Selectmen's Room on Saturday morn. ing at 8 30 A.M. Mr Legro requested the Board to sign a release, in the amount of $74 04, against the operator of a motor vehicle for damage to a parking meter on Waltham Street Release Upon motion duly made and seconded, it was voted to sign a re.. lease against the operator of a motor vehicle for damage to a parking meter on Waltham Street in the amount of $74.04 Mr Gray read a letter from the C & W Transportation Company of North Reading commending Mr. Burke for his help and cooperation regard- Public ing the school busses traveling around Lexington during the recent snow storms. Mr. Gray informed the Board that a request from Mr. Esssrian to buy tax title lots 97 through 100 Grandview Avenue had been referred Tax Title to the Planning Board for their recommendation A letter has been re- Lots 97-100 ceived from Mr Zaleski, which stated that, on two previous occasions, Grandview Mr Ryan of 44 Eastern Avenue has attempted to buy tax title lots 97 Avenue through 100 Grandview Avenue. These lots are not directly adjacent to his land, but are off to one side with only 28 feet of lot 100 abutting the lot of #44 Eastern Avenue The sale of these tax title lots for addition to Carmel Circle lots would result in a better pattern of land utilization as follows 1 Permit the discontinuance of a portion of Grandview Avenue which is a "paper" street. 2 Permit better lots and better placement of houses in a topograph- ically difficult area, while not increasing the number of possible houses. 3 Permit, perhaps, a second access from Estabrook Road to a Carmel Circle lot which would otherwise require a very steep driveway. Mr. Zaleski further states in the letter that he Ise considered the possibility of selling only portions of lots 100 and 99 to Mr. Ryan and the rest to Mr. Esserian, but such compromise would greatly reduce the usefulness of the remaining land to either applicant. Mr. Gray was instructed to contact Mr Easerian and come up with an idea of what would work. Mr. Gray informed the Board that he had sent a memo to all de- partments, informing them that out of State travel will be put into one account and all requests for travel funds must be submitted to him one month in advance of the date of departure and include the location of Out-of-State the trip, the type of transportation to be used and the length of the Travel trip Mr. Gray said that he had sent a memo regarding purchasing pro- cedures for 1969 and asked that a list of requirements for departments be submitted by March 28; if special equipment is needed, a copy of specifications be included. 2i Upon motion duly made and seconded, it was voted to sign the Commissions for Special Police Officers, as requested by Chief Corr. SPECIAL POLICE OFFICERS 1969 - 1970 ACRESON; Eugene A. 2634 Massachusetts Avenue Resident ADAMS Adam A 23 Charles Street Resident ADAMS, Alan G. 15 Somerset Road Resident ADAMS, Bertram H. Jr 127 Wyoming Avenue, Malden MIT Lincoln Lab ANDERSON, Carl 41 Ledgelawn Avenue Civil Defense BAKER, Ramon C. 14 Stratham Road Resident BALLOU, Sidney R. 38 Highland Avenue Resident BARNES, John E 26 Kenmore Road, Malden MIT Lincoln Lab BARNES, Raymond E. 59 Gleason Road Resident BARRETT, Elliott J 92 Middle Street Resident BARRY, George C. 36 Forest Street Resident BARRY, John M 34 Forest Street Resident BELCASTRO, Francis 174 Wood Street Firefighter BELCASTRO, Frank 332 Concord Avenue Dog Officer BENTLEY, Thomas F 264 South Road, Bedford Custodian BERNIER, Arthur T 54 Baskin Road Resident BEVINGTON, Alfred 130 Marrett Road Firefighter Special BLODGETT, John 15 Hilltop Avenue School Department Police BLUTEAU, Joseph 21A Flint St , Somerville School Department BURKE, Joseph F 10 Totman Drive, Woburn Supt. Public Works BURRELL, Arthur E. 2 Thoreau Road Civil Defense BUSSEY, Francis 216 Concord Avenue Firefighter CASEY, William P. 1063 Massachusetts Avenue School Department CATALDO, James 43 Rindge Avenue Firefighter CATALDO, Robert 14 Aerial Street Selectmani COUSINS, Lyman S 6 Bancroft St. , Waltham School Department DELFINO, Nicholas J. 1 Forest St., Stoneham School Department DOOLEY, Henry W 77 Baker Avenue Resident DOUGHTY, George Jr. 75 Paul Revere Road School Department DRISCOLL, Robert V 30 N. Broadway, Haverhill MIT Lincoln Lab EMERY, Alan 441 Lowell Street Firefighter ERNST, Karl 37 Eldred Street Resident EWERS, Joseph E 12 Old Coach Rd. , Weston MIT Lincoln Lab FINNEY, Charles A 36 Albemarle Avenue Resident FLAHERTY, William 4 Spencer Street Firefighter FREEMAN, George 13 Grant St , Concord Police Employee FULLERTON, Dennis 2400 Massachusetts Avenue Firefighter GALLAGHER, Edward T. 8 Spring Lane, Maynard MIT Lineoln Lab GARBER, Kenneth S 161 Bedford Street Police Photographer GARLAND, John A , Jr. 54 Gleason Road Resident ' L 1e) III GILMAN, Edward M. 56 Bloomfield Street Firefighter GOODFELLOW, Arthur L 12 Edge St. , Ipswich MIT Lincoln Lab GOl1ART. Edward G. 6 Rindge Terr Cambridge MIT Lincoln Lab GRAY, Albett, Jr. Harvard Road, Stow Executive Assistant GREELEY, Roland B. 1359 Massachusetts Avenue Selectmen HRUBY, Albert W. 36 Williams Road Resident JACKSON, Lee B 62 Bow Street Police Dispatcher JEFFERSON, Charles E 8 Alcott Road Civil Defense JONES, Cecil 36 Woburn Street Civil Defense KELLEY, Kenneth, Jr 11 Cedar Street Firefighter KENNEY, Allan F. 10 Burnham Road Selectman LEWIS, Raymond E 7A Revere Street Civil Defense MABEE, Irving H 25 Highland Avenue Selectman MAC DONALD, Charles 24 Bernard Street Civil Defense MAC LEAN, Ralph D 9 Spring Street Resident MAZERALL, Paul 20 Wilson Road Park Superintendent I MC CARRON, Francis 5 Hillside Terrace Firefighter MC DONNELL, Edward T. 62 Elm St , Bedford Cary Library MC SWEENEY, John 54 Emerald St. , Quincy Town Engineer MERCER, Charles R. 6 Park Street Resident I HULLER, Eugene T. 24 Ewell Avenue Firefighter HULLER, Leonard E. 19 Fairbanks Road Resident NUTT, Alfred 45A Ridge Road School Department ORMISTON, Wallace W. 38 Charles Street School Department PEKINS, George 28 Chase Avenue Firefighter PEZZULO, Michael 247 Marrett Road School Department PIERPONT, Wilfred D. , Jr 4 Taft Avenue Civil Defense POTZKA, Joseph G 14 Banks Avenue School Department PRESCOTT, Robert 2 Forest Street Resident REDMOND, James J 9 Utica Street Firefighter RYAN, Thomas 53 Vine Street School Department RYDER, Howard D 2 Wilson Road MIT Lincoln Lab SAMUEL, Frank T , Jr 8 Burnham Road Resident SAUNDERS, Robert W 295 Marrett Road Resident SPELLMAN, Walter 267 Massachusetts Ave. Fire Chief SPIERS, William L. , Jr 185 Lowell Street MIT Lincoln Lab STEVENS, Edward P 4 Chandler St. , Salem School Department STEVENS, Raymond Treble Cove Rd. , Billerica School Department STUCKE, Alden F 31 Hancock Street Resident 111 SULLIVAN, Richard 437 Bedford Street Firefighter SULLIVAN; Thomas 17 Curve Street School Department SWAN, Duncan F. 24 Bedford Street School Department 214 TOTMAN, Frank H , Jr 46 Moreland Avenue Resident TURNER, Gerald C. 9 Hillside Terrace Civil Defense WALSH, John 10 Ames Avenue Firefighter WALTON, Robert E 5 Spencer Street Firefighter WENHAM, Thomas 1 Francis Street Asst. Supt, Public Works WHITING, William 341 Lowell Street Firefighter WRIGHT, Glenn 67 Simonds Road Resident YEWELL, Paul 6 Leeland Terrace Resident Upon motion duly made and seconded, it was voted to grant permia- Permit sion to Rev Handley, Church of Our Redeemer, to conduct a rag and paper drive on Sunday, April 27, 1969. Upon motion duly made and seconded, it was voted to sign Auctioneer's licenses for the following Auctioneer Harry J Myers, Elaine S Myers, 27 Outlook Drive Robert N Cann 48 Hancock Street Cert. Upon motion duly made and seconded, it was voted to authorize the of Chairman to sign the Certificate of Incorporation for George Bullock, Incorp. 17 Longfellow Road, "Lions Patriot's Day Ball Committee." Upon motion duly made and seconded, it was voted to approve Bond11 Bond #89-81-41 for Constable John J. Shine, Jr. , in the amount of $3,000 Abate- Uponit wasvoted to abate the Upan motion duly made and seconded, m n ment ambulance bill for Medardo Collina, 7 Ellison Road, in the amount of $12.00. The Chairman read a letter from Rev. Metaxas of the Greek Ortho- dox Church in Cambridge, requesting permission for the A.A.U. Annual Permit Ten Mile Race to start at the Minute Man and for a Police Cruiser to escort the leading runners to the Arlington line Upon motion duly made and seconded, it was voted to grant permis- sion for the A,A U Annual Ten Mile Race to start at the Minute Man on Saturday, March 29, 1969, at 1 00 P.M. Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's Meeting held on March 3, 1969 Mr. Gray informed the Board that approval has been received from Police the Director of Civil Service for the appointment of five Patrolman, to become effective March 17, 1969 Upon motion duly made and seconded, it was voted to lay out the following streets: Street Hillcrest Avenue-Fottler Ave Manley Court Layouts to Circle Road Elena Road Hillcrest Avenue-Circle Road Grassland Street 50' to Albemarle Avenue lay out but defer Vaille Avenue action on design Bridge Street 215 The Chairman said that there has been a great deal of discus* sion`on Cedar Street; the only reason for the layout was to construct the sidewalk We left it with the people of Cedar Street that if we couldn't come to some understanding by tonight, we would postpone the layout for another year. Mr Graf, spokesman for the residents of Cedar Street was present and strongly urged postponement for another year.. Upon motion duly made and seconded, it was voted to post- pone the laying out of the following streets: Stedman Road, Sanderson Road and Cedar Street A legal hearing was held on the layout of Worthen Road. The Chairman said that the notice of intention to lay out Worthen Road was posted by the Town Constable in the Town Office Building on February 26, 1969. The notice states that "the Board of Selectmen hereby gives written notice that .t intends to lay out as a Town way Worthen Road from a point 108 feet northwesterly of Goffe Road for a distance of 544 feet, more or less. This pro- posed Town way is shown on a plan entitled "Plan of Worthen Road Extension, Lexington, Mass. Scale 1" s 40' dated January 10, 1969, John J, McSweeney, Town Engineer," which plan is on file in the Town Clerk's Office, Town Office Building " Mr. McSweeney, Town Worthen Engineer, will explain the layout and the Planning Board will Road answer questions, as this Article was inserted in the warrant at the request of the Planning Board, Mr. McSweeney explained the layout, which would begin at the end of the subdivision with a 70' layout with a proposed pavement of 44' with sidewalks on each side, all over Town land to the Bowman School. Mr. Douglas Ross said that the developers have been asked to build a piece of the road and he wondered if there was any hope that the developer would do it? Mr. Lund of the Planning Board replied that this piece is on Town land and we felt it was not proper to ask them to do it. Mr. Tryon asked if they envision any use for the land towards the bottom, at the far side? Mr Lund said that this is a segment of the school site and is under the jurisdiction of the School Committee; perhaps they might find a use for it Mrs Harvell said that the Trustees of the Covenant Church said they planned to give some of the land for middle income or low income housing Is this a private development or what? Mr. Lund said to ask the Trinity Covenant Church. This was prior to the more concentrated discussion. At the time it was dis- cussed with the Trinity Covenant Church it was to be a single family cluster development, with few, if any, houses on Worthen Road. They have not been submitted. Mr Storer asked what the Church would do if it is not built, if there would be access problems? 1t6 Mr Lund said that there is an access from Allen Street and it is possible to come in We feel the circulation would be very poor and we feel this should be developed with Worthen Road. Mr. Storer said that we are building this road so they can build the development. Mr Lund said that on non-town owned land the developer builds the road Mr. Storer said that you are taking a sizeable chunk of land; last year we bought their land. Mr Lund said that we are not making a taking; this is a corridor and the School Committee agreed to it Mr. Storer said that the total cost of Worthen Road is be- tween $600,000 end $2,000,000 Mr. McSweeney said that it will be from $60 to $100 a foot; there is 16' Of peat and we plan on taking out every bit of it; it is 525' long Mr Howland asked if the Trinity Covenant Church has been asked to make their section the same width? Mr Lund said that the layout would be the same, 70 feet Mr Totman asked what relationship does this proposed sec- tion have to the Worthen Road access to the school site; there is no physical connection now on Worthen Road. Mr Lund said that Worthen Road now goes to where this starts Mr Totman said that this segment bears no connection. Mr Lund said there is an agreement with the builder to fin- iah that segment. Mr Douglas Ross said he misunderstood the description, and asked if the Church development includes the extension beyond 550 feet? Mr. Lund said, 1400' ; a total of 2,000 with this segment. The reason we want to build this section is not solely to provide access; it is going to be built by us and if we don't build it, the developer will build without connecting; to build it discon- nected, is like building the disconnected Emerson Rd. ; it should be built in logical sequence. Mr. Worrell said that this, plus the piece the developer would build and Clematis Road provide a better access for fire equipment, provides a means of circulation in an area which has no cross street except Route 2. Mrs Totman, Trinity Covenant will own regardless and in future time would have to build, they are going to be adjacent to the layout to the next section, won't they have to pay for the other part in the future? Their land still abuts on the layout. Mr Lund said that we could require them to build Worthen Road now if they come in with a subdivision but we could not later force them to build Worthen Road if they have submitted a valid subdivision without Worthen Once developed, once accepted, after that if the Town wants to build, we have to make a taking and pay for the construction ourselves Mr Gould said that he would like to know the total plan. 2 -tri The Chairman said that there is no plan, whatsoever to go beyond Pleasant Street Mr. Gould said that Pleasant Street is an inadequate road at the present time Mrs Tryon said that the plan that was submitted by the DPW was between Route 2 and Pleasant Street and to connect at the Pleasant Street intersection. The Chairman said the DPW said if and when the need arises for a connection to Lexington, the DPW would consider it; the need would have to be there. Mrs Tryon said that if bypass is to be done by the Town, it was advised by Metcalf to be done within three years. Mr. Storer asked if the access could be handled another way? Mr Lund said that it is valid circulation to build Worthen Road Mr. Kenney asked if the Planning Board would be willing to amend to 30 feet? Mr. Lund said that we came out with a 44' pavement. Mr Kenney said that Chapter 90 requires 30 feet. Mr McSweeney said, the minimum requirement is 30' with 50' layout if built with Chapter 90 funds, and 70' with four lanes, 44' pavement Mr Worrell said that people are going to be scared My personal position is that I don't regard this as a step to con- ' nect to Marrett Road; it is not advisable to make this connection; it must stand on its own feet, it improves the circulation in that area and provides access. Mr Harrington said that if Worthen Road is no longer con- templated, would Planning Board want this through? Can you justify in terms of the Church? Mr. Lund replied, we justify on circulation alone. Mr M£mno said that we are dealing with two different concepts, access to the new development and Worthen Road built under Chapter 90, with the Town subsidizing the developer, this is the Worthen Road expressway; if you put in a 44' blacktop, it is en expressway. Mr. Gould said that we have heard about the development but not the size; he asked how many homes are going in there? Mr Zaleski answered 24 or 26 homes, Mr. Ross asked, what is the cost to the Town if we were to only put in that road at the minimum practical width to give con- nections and the Town didn't have to reimburse for 1200' of road and road done entirely with Town funds and keeping down to a minimum to serve the area Mr. McSweeney said that the cost is $60,000 and to build to subdivision standards wouldn't be any cost to the Town Mr. Ross said that we are talking $127,000 to get just a piece of blacktop; if we put 30' over town land and the Planning Board conveys to the developer the need for a 30' width, what is the cost? Mr McSweeney said $45,000, and we need to take out all of the peat Mr Lund said Chapter 90, $45,000 instead of $60,000. A gentleman asked about waiting for traffic studies Mr. Lund said that the results might affect our thinking, but every study leads to a conclusion. The Chairman said that we are laying it out at 70 feet. History tells us that Chapter 90 takes two years to complete; the width of construction could be adjusted Mr Adams said that a subdivision over 500' must have two access roads, this is 650 feet. Mr Lund said that there are accesses from another point, Clematis Road and Allen Street, Mr. Totman asked to be recorded in opposition Mr. Francis _Lind Trinity Covenant Church, said that some years ago, we arranged to give land to Conservation We are try- ing to work our subdivision for the least possible layout and these developments over the years have led us to this point. Clematis is not the answer, that only brings us in and according to Town rulesfwe must have an egress; this -is the necessary part to complete. We are not looking at this as just hooked up to Worthen Road to complete the pattern beyond. Mr Storer asked, are you on record; what is the current standing of the concept to Worthen Road? The Chairman said that the Board supports the Planning Board and the concept of Worthen Road from Pleasant Street to Marrett Road; we agreed not to take a position on the paved width; we took a position on the 70' layout. Mr Kenney said that he took exception to the width but he could now see if it necessitates 44' , he would object to putting Chapter 90 Mr Ross asked, is it through Chapter 90, it would not apply if narrower Mr. McSweeney said that Chapter 90 minimum width is 30' within a 50' right of way The State Department would have to review this from a traffic point of view; at this time, we could not get a letter from them, Mr. Ross said that we might still get Chapter 90 funds for a minimum there is some likelihood If Town Meeting does not vote the connection to Marrett Road, we could have a connection for the flow of traffic for the neighborhood Mr McSweeney said that you can't have it both ways If you make a commitment to the State on Chapter 90, you have to do your part Mr. Greeley said that we would not go to the State and ask for Chapter 90 approval only for Pleasant Street to the Church; we only envision it at least to go through to Marrett Road It is very likely they would require more than a 30' pavement. Mr. Tryon asked if there were any traffic studies done by the DPW in relation to the potential traffic in connection with two roads to Marrett Road? `L1ti The Chairman said that projections were made at the hearing This hearing in no way includes a connection to Route 2; this road was designed originally to this width at $500,000, the original de- sign, and we are following it, even without a connection. Mr. Tryon asked if a connection there has been designed? The Chairman said that there have been no discussions on one Mr. Barron said that if there is a connection from Marrett to Pleasant, something has to be done about Pleasant Street The Chairman said that, since 1953, the Town has presented a concept from Pleasant Street to Bedford Street. It has been quite plain, there has been no double talk on this area; the Town has spent over $500,000 to this end This has been a public document since 1953 and as each person moved into the neighborhood we told him Those recorded in favor of the proposal are as follows: Mr Johnson of the Trinity Covenant Church, Francis bind and Mr Adams Those recorded in opposition are as follows Messrs. Ross, Halprin, Chella, Barren, McGuire, Cameron, Mazza, Taylor, McCarthy, Prevost, Weiss, Mimno, Harrington, Gould, Cushman, Sandy, Fenaky, Carpenter, McIntyre, DeGrazia, Mr. and Mrs. Sheingold, Mr and Mrs Tryon, Mr and Mrs Somers, Mrs Groisser, Mrs Flynn, Mrs Harvell, The Chairman declared the hearing on Worthen Road closed Later on in the meeting, the layout of Worthen Road was dis_ cussed. The Chairman asked Mr McSweeney to check with the State on Chapter 90 and what they will accept on pavement Mr McSweeney said that we should give some type of agreement on what we plan to do on Worthen Road Mr. Greeley said that the present policy is to complete We must go on record as saying that this is a step towards completing a program we hope to consummate very soon to go to Marrett Road. Mr Kenney asked how much it would cost to go beyond the Trinity Covenant Church? Mr McSweeney said that it would probably be $300,000 Mr. Greeley said that it would cost the Town another $100,000 to pay for the difference Mr Mabee said that he would vote to lay out with the smallest pavement that you can have Mr McSweeney said that they said 70 feet from Marrett Road to Pleasant. Mr Greeley said that the stretch through the school and through the subdivision is not going to be that. The Chairman said that the same number of automobiles used that street. Mr McSweeney said that the State's answer would be to lay it out and give some indication that you would support 44 feet 220 Mr. Greeley moved to lay out on that basis. Mr Gray asked if this isn't voted by Town Meeting, where do we go with Chapter 90? The Chairman said that if this is voted down, move reconsider- ation and hold it. Mr. Greeley asked if we vote to lay it out and Town Meeting votes it down? Mr Legro said that is the end; Town Meeting can do one of two things, accept or reject. You can move to lay out and fight for a width narrower than 44 feet. Mr Kenney objected He said that the State will come back with 44 feet. Lay out at 70' and request the State to approve a 30' pavement. Mr. Legro suggested they vote to lay out in the way as shown on the plan in accordance with the plan that is filed with the Town Clerk. Upon motion duly made and seconded, it was voted to lay out this section of Worthen Road as shown on the plan filed with the Town Clerk by the Town Engineer Mr. Kenney was recorded in opposition. Upon motion duly made and seconded, it was voted to request the Town Engineer to request the State to approve a 30' pavement. The Chairman said that the Board will discuss the layout of the footway from Estabrook Road to Nickerson Road. Town Counsel has investigated this since the hearing on February 13, 1969. Mr Barrows, 12 Estabrook Road, said that Mr. Legro had in- formed him that it was on record as a pedestrian easement The Chairman said that Mr. Weiss, 16 Estabrook Road, was registered in opposition to this, and asked what his feeling was about it. Mr. Barrows said that he did not know anything about it; his attorney had not told him when he bought the property. Nickerson Mr Lund said that we want to vote the Article and lay out Road the footway Footpath Mr. Gerard Smith said that he would like to have someone ex- plain the logic and the reasons why it is located there Mr Lund said that Mr. Outhet owned the land and also owned the lot on Nickerson Road When laying out the subdivision, he came into the Planning Board and said that he would deed this to the Town. It was proposed by the Planning Board and agreed to by Mr. Outhet We expected a significant number of children going to school who would have to cross Massachusetts Avenue in two places and we would not have to build a sidewalk from Nickerson Road Mr. Smith said that this would come out on my property. I have discussed with Mr. Gray and the Planning Board the expense of running a sidewalk on Nickerson Road to the school street. The Chairman said that we have notified the abutters. Mr McGuire asked how close the walkway comes to Mr. Barrow's house? 221 Mr. McSweeney replied that it would be 9 feet. Mr. McGuire asked if any other public Way cbmeb within 9' df a home?ii The Chairman said that a pedestrian easement was legally granted to the Town by the owner of that property. This man's lawyer didn't inform him of the existence of this easement Mr Smith said that the most dangerous part is at the school street; you need a policeman there. The Traffic Committee recom- mends that you don't put the easement through. We have to take legal action as home owners Mr. Barrows said that it was discussed that it would be suitably landscaped and maintained but the cost was not discussed. The Chairman said that we said $3,000 for fencing and land- scaping; we did discuss the construction. We are voting tonight to lay it out and this is just the legal vehicle to get this pro- posal to Town Meeting for the Planning Board We all recognize your situation. Unfortunately, your attorney didn't do a proper and thorough job for you When the whole area was designed, the Planning Board asked us to lay it out. Mr. Barrows said that before. this development was made, the children were able to come down from Jean Street, above the develop- ment, without any trouble. We want to present an alternative. Mr Greeley said that if these gentlemen have an alternative, I would like to hear it. Mr Smith said that it was to pave Massachusetts Avenue on the side Nickerson Road comes out, the South aide from Nickerson Road to Estabrook Road Mr McSweeney said that he has recommended to the Traffic Safety Committee that this be done. Mr Greeley asked what difference would it make to the school children on Nickerson Road? Mr. Smith said they have to walk another 300 yards down to Estabrook and up Mr Greeley said that is along walk. Mr. Clarke said that this is a matter for the Planning Board; these people can make an appointment and we will talk with them. Mr Legro said that if the Selectmen do not lay out, there is nothing for Town Meeting to do Mr Kenney said that by building the fence, he would lose the use of his driveway. Mr. Barrows said that he had applied for a building permit; the end of the structure would be less than 10' from the property line, the minimum width would be 9 feet from the property line Mr McSweeney said that it still won't do away with the pedestrian easement. The Chairman said that the drain easement is there. Mrs Barrows said that the pedestrian footway would be over the sewer easement. She asked if they built the sidewalk an Massachu- setts Avenue, would that be over a sewer easement? It seems to me that it would be less expensive to build a sidewalk. L 96)2 Mr. McSweeney said that the pedestrian easement on her pro- perty was laid out over the sewer easement. If the sidewalk is built on Massachusetts Avenue it doesn't necessarily mean that it would be over the sewer. Mr. Smith asked if the property could be maintained in a suitable fashion for $3,000? The Chairman said that it would be in the operating budget. Mrs Weiss said that the distance to Nickerson Road is the same; people signed the petition. Mr Greeley said that, at the hearing, it was represented that this right of way might go on her property. The Chairman said that it abuts her property The Chairman said that the Board of Selectmen will make a decision and let you know if we decide to lay it out The residents of Estabrook Road retired. Later on in the meeting, the footpath was discussed. Upon motion duly made and seconded, it was voted not to lay out the footpath on Nickerson Road. Mr. Greeley was recorded in opposition. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interest of the Town, or the reputation of any person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. The Chairman said that the Board voted not to lay out Cedar Simonds Street and we have $14,400; we must assign it to the next in Road priority on the sidewalk list, :tigionds. Road - 1600' feet at $29,200; this will do half of it. Mr. Greeley informed the Board that as Mrs. Riff in has re- tired from the Planning Board and Mr. Grhham is on the Planning Suburban Board, the Suburban Responsibility Commission request they :be Reap, retained on the Commission; Mrs. Riff in on MPAC and Mr. Graham Comm. is happy to serve as a representative of the planning Board It was agreed to ask the Planning Board to make a recom- mendation to the Board. Mr. Greeley said that there is a question regarding tax Mod exemption of the Moderate Income Housing and Mr. Graham has pre- Income pared a letter correcting the misinformation given out at Candi- Housing dates Night and will send it to the newspaper and also a copy to the Selectmen. Jr High Mr Greeley said that there was another meeting yesterday Article on the issue of school building employment and they voted to re- quest the Board of Selectmen to seek a legal opinion from Town (211. 3 Counsel on the proposed amendment to Article 13 and on whether, if passed and subsequently challenged, it would in any way jeopardize an affirmative vote on the main motion to appropriate funds and build the school This would need an appropriation to take care of change order estimates Mr. Legro said that $20,000 isn't going to do it. Mr Greeley said that Professor Michelman gave an opinion that he did not believe it would jeopardize passage of the Article since it is a separate question with a different source of funds. It was voted to re- quest Town Counsel 's opinion Mr. Legro respectfully declined He said that this is a matter that ought to be decided first by the Committee given the responsibility of constructing a $4,500,000 building That committee voted to leave this out of the specifications. I will agree that any Town Meeting member could offer an amendment and there would be a requirement to rule. I thought it was a dead issue Whatever the Board says, this Town Counsel thinks this ought to go to the Permanent Building Committee. They are charged with building. The problem shouldn't have a roadblock by way of an amendment. Mr. Greeley said that, first, the Commission wanted to ask you to come to the meeting The Building Committee members are going to take that back and discuss it with their committee They spoke as if they were quite ready to accept an amendment of this kind; they felt that this way this is not going to increase the amount of the bid - it is only applied to the contractor. He is not going to inflate his bid and it would appear after the contract is made Some members are happy to have it at Town Meeting - whether the main motion or have someone else do it. They are not going to appear as supporters of the amendment. Mr. Legro said that this presents some very serious problems; you are talking about borrowing pretty close to $4,000,000. If Bond Coun- sel says, no, or the Director of Accounts says no, my opinion isn't worth much The Chairman said that we are the last ones to know what goes on. Mr. Greeley said, if you want a motion on it . The Chairman said that, basically, everybody will be in much better shape if it comes on the floor; someone should answer whether it is legal. You are alsd talking about a By Law change that provides for this kind of a process in all Town construction Upon motion duly made and seconded, it was voted to adjourn at 11 30 P.M. A true record, Attest ro" Executive Clerk, Selectmen 1