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SELECTMEN'S MEETING
June 17, 1968
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, June 17, 1968, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Mabee, Kenney, and Greeley were present,
Mr. Gray, Executive Assistant, Mr. Burke, Superinten-
dent of Public Works, Mr. McSweeney, Town Engineer, and
Mrs . McCurdy, Executive Clerk, were also present.
Mr. Leon Burke, Director of Guides, introduced
Dwight O. Henderson to the Board. He said that Dwight
had passed his examination and requested the Board to
sign the guide' s license.
Guide The Chairman welcomed Dwight and told him that, as
a Guide, he would represent Lexington as he is the only
one that outsiders would cane in contact with.
Upon motion duly made and seconded, it was voted
to license Dwight 0. Henderson as a Guide of Lexington.
Upon motion duly made and seconded, it was voted to
sign the Eertieicates of Incorporation and certify the
characters of the following:
Melvin T. Aronson, "Quarter Century Federation-
Boston District-Internal Revenue Service, Inc."
Cert. Edward W. Wagner, "Sin Fac Minor,. Inc."
of Inc.
Elias L Mabardy, "Massachusetts State Storekeepers
Association, Inc."
The Chairman read a letter from the Mystic Valley
Gas Company, requesting permission to install a four inch
gas main in School Street and a two inch gas main in
Phinney Road . Both locations were approved by the Town
Engineer.
Upon motion duly made and seconded , it was voted to
Gas install a four inch high pressure welded steel gas main
Main in School Street.
Upon motion duly made and seconded, it was voted to
grant permission to the Mystic Valley Gas Company to in-
stall a two inch high pressure welded steel gas main in
Phinney Road .
Bridge The Chairman read a letter from the Director of
Charit- Public Welfare, requesting approval of funds in the
able amount of $4.00.00 from the Bridge Charitable Fund to pay
Fund
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for Summer Camp for children whose families receive assi-
tance from the Welfare Department.
Upon motion duly made and seconded, it was voted to
request the Trustees of Public Trust to appropriate the
sum of $4.00,00 to the Welfare Department for Summer Camp.
for children in need .
The Chairman read a letter from Peacock Farms Asso-
ciation, requesting landscaping of the ramp for Route 2,
which goes through Peacock Farms Valley.
The Chairman said that a check should be made with
the Massachusetts Department of Public Works to see *that
their plans are, and the timebable.
Mr. Cataldo said that we should meet with the Depart-
ment of Public Works before the landscape design is Peacock
approved . We will write to the Peacock Farms Association Farms
and inform them that before a decision is made on the
final plan of landscaping in the area of the ramp going
through Peacock Farm Valley, the Board will meet with the
Massachusetts Department of Public Works.
The Chairman said that, if the Board approves, he
and Mr. Cataldo will follow this up.
The Board agreed and Mr. Gray was requested to arange
a meeting with the Massachusetts Department of Public
Works .
The Chairman read a letter from the Board of Health
recommending that no action be taken to proceed with the
development of swimming facilities at the Reservoir,
pending further study by the Recreation Committee or
other responsible groups to establish the suitability of
the Reservoir for recreational use. Mr. McQuillan ex-
pressed concern for the health, safety of the public and
quoted a report from the Massachusetts Department of Pub-
lic Health which stated that insufficient engineering in-
formation was available to render a judgment. The State
would be pleased to assist the Board or its consultant
in carrying out such a survey during the summer of 1968
and will be pleased to render further recommendations
when the results of such a survey are know. Reservoir
The Chairman said that the State Board of Health has
the right to close down areas .
Mr. Cataldo said that the filter equipment was to
be put in on a trial basis and the company would not want
to be paid until it works . If this equipment is installed
in the "res" and tests made, no other money is spent. If
the system is going to give the quality of water needed,
what could we lose?
Mr. Greeley said that we really won't know until
people swim in it.
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Mr. Kenney asked if we held up to allow for the sur-
vey the state offered, could we put this in and open in
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1969?
Mr. Gray said that if tests are made in August, and
they prove to be positive, most of the work wouldn't be
started until the fall.
Mr. Cataldo said that the equipment would be install-
ed and guaranteed it would work. If it didn't, they
would take it out.
The Chairman said that we would be moving forward.
We have the Town Meeting vote to expend the money. We
would exercise it, using prudence. We are not experts,
we have no way of evaluating.
Mr. McSweeney asked if we are going to incorporate
the State on the project?
Mr. Greeley said that the first step is to take the
State up on their offer to measure the flow of water in
the reservoir and the quality of water upstream. The
second step is to follow Mr Cataldo's suggestion.
Mr. Cataldo said that they should take positive steps
to warrant getting the right answers .
The Chairman said that we should exercise this cau-
tion - if we have knowledge of facts, we are wasting money;
we should slow down a bit.
Mr. Cataldo said that it was presented at Town Meet-
ing and they didn't care.
Mr. Kenney said that we should check on it. He felt
that the normal course of events would be to have the Rec-
cration Committee report back in August
Mr. Gray said to call a meeting with the Recreation
and Board of Health and inform them that this is the pro-
gram that we are going to follow.
Mr Mabee said that we could ask the State without
meeting with anybody.
The Chairman said that we would co-ordinate it at
one time.
It was agreed to request the Board of Health and the
Recreation Committee to meet with the Board.
Mr. Alan Adams met with the Board. He said that he
would like to have more information on the Dog Leash
referendum.
Mr. Gray said that there were 505 certified signa-
tures on the petition. Mr. Legro has seen the Warrant and
said that everything is in order.
Dog Leach The Chairman told the Board that the Warrant they
Referendum are about to consider signing calls for a referendum. A
"yes" vote approved Town Meeting action, a "no" vote op-
poses it. Chapter 381, Acts of 1954, sets up the pro-
cedure. There would have to be 20 percent of the regis-
tered voters to vote "no" on the referendum in order to
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make the determination, i.e. , about 3,000 people to vote
one way, and a fewer number of people, the other,
Mr. Mabee said that it was simply that a majority
of voters must vote "no" to reverse the action.
Mr. Adams said there could be 2,500 opposed. This
is one case where the majority vote doesn't do it.
The Chairman said that we have a State Law that
supercedes our By-Law We have asked the Dog Officer to
be present to answer any questions .
Mr. Adams asked if the referendum is defeated, what
about the money that was appropriated by vote of Town
Meeting?
The Chairman said that the people are voting only
on the first part of the article.
The Chairman read Chapter 140 or the General Laws-
Section 157 says, " If any person makes a complaint in
writing . . . "
Dog Officer Carlson said that our present dog control
law does not require a complaint in writing
The Chairman asked if when people call, do you akk
them to put the complaint in writing?
Officer Carlson said that he bad one call from Con-
cord Avenue, and roughly, three others. Most of the peo-
ple call and complain, but say that they don't want their
names to be .known.
Mr. Kenney said, only four calls in 1968?
Officer Carlson said only four written complaints .
The daily complaints would be in the vicinity of forty
dogs .
The Chairman said that many people in our Town think
that nothing is being done to restrain dogs.
Officer Carlson said that, as a Dog Officer, he had
to use judgment - sometimes, children would inadvertently
leave the door open and a dog that had been restrained
would get out.
Mr. Greeley questioned that the State law superced-
ed our dog control law and asked it that meant in place
of? It would seem to be that our law was no longer
relevant.
The Chairman said that when in conflict with the
State law, the State law has precedence.
Mr. Greeley said that the Dog Officer is able to
follow up, even though it was not in terms of writing.
The Chairman said that be takes the call and says to
give a written complaint
Officer Carlson said that if there is one requiring
Court action, I require it in writing
Mr. Greeley said that our control law doesn't men-
tion barking.
Officer Carlson said that people understand that if
the dog is a nuisance, there is a fine of $10.00
Mr. Adams said that the State law, in effect, does
not supercede our own dog law, not even the new one.
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Mr. Greeley said that the only thing that the State
law does that ours doesn 't, is that it requires a com-
plaint in writing.
Mr. Adams asked what we were voting for?
Mr. Kenney said the voting was for a more restrictive
law than the State.
Mr Adams said that there was a lot of confusion in
the Town regarding the referendum.
Mr. Greeley said that our law requires the dog to be
automatically under control.
Officer Carlson said that they are voting on the
issue of whether there is to be a Leask Law or not. The
voice command clause may cause a lot of trouble.
The Chairman said that he wanted it known that our
present law is being enforced.
Officer Carlson said that last year, or the year be-
fore, it didn't take long to spend $5,000 or $5,600; he
had asked $200 for expenses .
The Chairman said that Town Meeting voted $5,600; the
Appropriation Committee cut you down.
Mr. Adams said that it bothered him that the State
law supercedes our own law. The State law specifies the
penalty.
Mr. Gray said that,under the statute, a Town may make
additional ordinances or by-laws relative to dogs .
The Chairman read Section 173a of the amended Chap-
ter 140 which states, in part, that whenever a complaint
is sought in a district court, the clerk shall send a
written notice to the person complained against. If it
is the first offense committed within a calendar year,
the clerk shall dismiss the charge without the payment
of any fine. If it is the second offense in the calendar
year, the paymentfn the clerk of a fine of two dollars
shall operate as a final disposition of the case. If
the fourth or subsequent offense so committed in the cal-
endar year, the payment of a fine of ten dollars shall
operate as a final disposition of the case. Proceedings
shall not be deened criminal, no person shall be required
to report to any probation officer, and no record of the
case shall be entered in the probation records .
Mr. Greeley said that the State says, if certain
things are in writing, the Town says that the Dog Officer
could proceed under Town law.
Mr. Cataldo said that the only thing we can' t do is
change the fine.
The Chairman said that having it in writing is more
of a restraint on the individual. The Dog Officer has
been investigating all complaints .
Mr. Adams asked how many hours he would spend in a
year? It is relevant, if it has taken one thousand hours
a year to enforce an innocuous law, bow much more time
will it take him to enforce a stringent law?
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Mr. Cataldo said that even if this last *law is over-
turned, we are going to add to the present setup.
Mr. Adams asked if he would spend twenty hours a week?
Mr Kenney said that the financial renumeration is
seventy cents an hour.
The Chairman said that our Animal Officer is Dr
Smith and asked hew many dogs Dr Mmith could take care
of
Officer Carlson said, not in excess of ten dogs . Dr.
Smith has said that if this law is adopted, he will resign.
If you pass the law, you have to have two officers, and
find a pound somewhere.
Mr. Cataldo said that he didn' t think ten dogs were
out of the question. Arlington doesn't have the facilities
for ten, they don't have ten cages .
Mr. Kenney said that, under the present law, you act
on cpmplaints; if you want it enough to the point at which
it is written, you would have to be full time.
Officer Carlson said that he would have to be on duty
twenty-four hours a day. The Department does help out
when I am not around.
Mr Kenney said that under the present law, you can
onlydevote the time on complaints . The existinglaw had
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teeth. If we give the appropriation of $700 to enforce it,
' it is inadequate
Mr Adams said that it is not a police function.
The Chairman said, as a second appointment, as Dog
Officer
Mr Greeley said that we should get Town Counsel to
give us a fairly clear explanation on Article 27 and the
existing by-law to the statute. When you use the word
supercede, it is misleading. There should be a clear
statement for the public that this law now on the books is
valid .
The Chairman said that, maybe, he had used the wrong
word .
Officer Carlson said that if he goes before a judge
he wants something in black and white; verbal doesn't hold
water. The Chairman is saying that the way to handle this
is through the Court and not get a complaint which is non-
criminal and not handle through the Court
The Chairman said that he agreed and would get clari-
fication from Town Counsel.
Mr. Cataldo said that Town Counsel' s position was
when we had the appointment was that this Chapter said that
he was within his legal right to do this and the restrain-
ment would hold .
Officer Carlson said that it was not confusing. Peo-
ple want the dogs restraindd and that' s it. That's what
they have to decide.
Mr. Adams said, if we could get a repeat of Town
Counsel's statement.
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The Chairman said that from his point of view, if
the complaint is not in writing, when the Dog Officer
goes to the people he should refuse to do it . The only
way that he can get him in Court is to get witnesses .
Mr. Cataldo said that it gives him the protection
of issuing the camplaint. By the Statute, he doesn't
have to do it.
Mr. Adams asked what happens if someboOy pays seven-
teen fines in a year? It is going to get in a Court
action.
Officer Carlson said that it was up to the Board of
Selectmen.
The Chairman said that Chapter ]1O, in another sec-
tion, gives the right to muzzle the dogs ; we could pass
an order to do it.
Officer Carlson said that we would run into trouble.
Mr. Adams said that the public was confused; the peo-
ple would like a written statement.
Upon motion duly made and seconded, it was voted to
sign the Warrant for the Dog Leash Referendum on July 1,
1968.
Mrs . Backaler met with the Board . She is handling
the Davenport property, and cited a problem that had been
in existence for some time regarding Hinchey Road . They
would like to grade Hinchey Road down into the funnel at
Hartwell Avenue; They plan on putting up an office build-
ing and leave five aches to put up a motel in front.
They would like to be able to enter the property from
Hinchey and Hartwell. The motel would be 200' from the
street line on Bedford Street and set back 100' on Hart-
well Avenue. There is a turn-around and the Town has coa-
1 trol of it. C.C.&F. and Davenport have tried to obtain
two lots and have offered a fantastic figure; the people
on the hill have adverse rights in Hinchey Road.
The Chairman asked if Mrs. Backaler had met with the
Planning Board .
Davenport Mrs . Backaler said that the Planning Board had sug-
Property gested that I meet with you, as these houses are owned
privately. The only think they suggested was to elimin-
ate the cul-de-sac .
The Chairman asked, you want some action to accept
Hinchey Road as a public street?
Mrs. Backaler said., if some control could be trans-
ferred . . .
Mr. Cataldo said that we couldn't lay out a street
there without the State.
Mrs Backaler said that the State DPW said that they
have no legal authority, they claim it is under Town
control. I
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The Chairman said that the State still has the fee
on Hartwell Avenue.
Mrs Backaler said that they claim it would be up
to the Town to give access
Mr. Cataldo said that if the State went to the trou-
ble of making a taking, if it wouldn't give permission
for a drain, it wouldn't give access
Mr. Greeley said that, obviously, it was undesirable.
As soon as you put Hinchey Road in as a street, you make
C.C.U. lot too small. If you can get rid of Hinchey Rd .
and combine C.C.U. and Davenport . . .
The Chairman said, if you are convinced that they
would never get together . . .
Mr. Gray said that it is a question as to how long
the residential properties are going to hold out.
Mrs. Backaler said that C.C.&F. are discouraged . I
am trying to develop without them
Mr. McSweeney asked, could you get a ruling on this,
as to why C.C.&F. can't take over that protion of Hihohey.
Mrs . Backaler said that the people don' t use it.
Mr. Greeley said that they can't use it go get out
to Hartwell.
Mr. McSweeney said that if we can't go in there, I
still can't see why Davenport and C.C.W. can't get to-
ll gather.
Mr. Greeley said that we would be willing to release
if she could arrange to put the ata -de-sac up Hinchey
Road near the houses.
The Chairman said that it can't be done without Town
Meeting action.
Mr. Greeley said that they could eliminate that part
of Hinchey Road; the new development doesn't want to get
in there.
Mr. McSweeney said that if you move the cul-de-sac
down, joining the two pieces of property, as one, is a
much clearer answer.
Mrs . Backaler said that the cul-de-sac was built in
1959 when the State came. The State says it is under
Town control.
The Chairman suggested that Mrs. Backaler talk with
Mr. Zaleski and get the Planning Board' s recommendation;
work with him and come up with something, whether to move
the cul-de-sac or whatever is the best plan
Mr. Cataldo said that he felt that the people would
sign the release to straighten Hinchey Road .
Mrs. Backaler said that if the people on the hill
have adverse rights , the only one that can grade down is
the Town, because you do have the authority.
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The Chairman said that we didn't.
Mr. Greeley asked if we grade it and left the barrier,
would you be happy?
The Chairman said that we dbn't have the right to
grade it.
Mr. Cataldo said , if you would give us the right to
grade it we would consider grading it.
Mr Greeley said, without even opening up Hartwell
Avenue.
Mrs . Backaler said, if I can get together with C.C.&F . .
Mr. McSweeney said that she would need legal releases .
The Chairman suggested that Mrs . Backaler talk with
Mr. Gray and Mr. McSweeney.
Mrs . Backaler retired .
The Chairman read a letter from the Five Fields Com-
munity requesting permission to hold a square dance at
the junction of Stonewall Road and Barberry Road on July
3, 1968 from 7:00 P.M. to 12:00 P.M.
Permit Upon motion duly made and seconded, it was voted to
grant permission to the Five Fields Community to hold a
square dance at the junction of Stonewall Road and Bar-
berry Road on July 3, 1968 from 7:00 P.M. to 12:00 P.M.
At the request of the Town Clerk, two jurors were
drawn. They are as follows : Joseph D. Minsky, 9 Aber-
nathy
Road and Daniel L. Harwood, 1L. Whittier Street.
The Chairman read a letter from the Fire Commission-
er regarding an agreement between Boston and Lexington
Fire for Mutual Aid in Fire Fighting. The letter states that
Mutual Mr. Legro questions Section 7 of this agreement.
Aid The Chairman said that we should discuss this with
Mr. Legro.
Upon motion duly made and seconded, it was voted to
Minutes approve the Minutes of the Selectmen' s Meeting held on
May 27 and June 10, 1968.
Jury List It was agreed to hold the Jury List until the next
meeting.
Mr. Gray read a letter on bids for water pipe and
recommended that the contract be adwarded to the Warren
Pipe and Foundry Co. in the amount of $2,307.
Water Upon motion duly made and seconded, it was voted
Pipe to award the contract for water pipe to the Warren Pipe
and Foundry Company, in the amount of $2,307.
Mr. Gray said that he bad received a letter from
Sewer the Commonwealth, Water Resources Commission, stating IIGrant that the Town would receive a grant increase to $63,900. -
471
Mr. Gray, Mr. Cataldo, and Mr. McSweeney said that
they had attended a meeting with Weston Instruments and
other companies located on Hartwell Avenue. They are
concerned with litter on Hartwell Avenue. Mr. Gray said
that he bad talked with Mr andthere a
Burke t e e will be
pick up by the Town to keep the street clean. Sewerage
was discussed at the meeting and Mr. Cataldo explained
about the $550,000 venture with Bedford . Mr. Gray alae
informed them of the Traffic Survey which is underway.
The companines said that they would be glad to help the
Town in any way they could as they all have a problem
with the traffic Hartwell
The Chairman asked if they felt that the meeting Avenue
was worthwhile? Meeting
Mr. Cataldo said that he was surprised that there
was no one from Hanscom Field ther, We encouraged then
to take the approach, and to have periodic meetings .
Mr. Gray said that he told them to call him or Mr.
McSweeney; not to let things go for toolong a period .
Mr. Gray said that be had received a visit from Mr.
Lavender of 20 Avon Street regarding a sewer connection.
He had suggested that Mr. Lavender get in touch with the
Board of Health. Mr. Gray read a letterffrom them which
recommended a conneciton.
The Chairman said that this was another indication
of the serious sewer problem in the Town. Based on the Sewer
recommendation of the Board of Health we should include Connection
this .
Upon motion duly made and seconded, it was voted to
include the sewer connection at 20 Avon Street, subject
to the 810141011 11 o,f the. Torn. Engineer.
Mr. Gray read a request from Rowe Chevrolet to in-
stall a drain on their property. Mr. McSweeney has check-
ed it out and it can be done. Rowe
Upon motion duly made and seconded, it was voted to Chevrolet
grant permission to Rowe Chevrolet to install a drain on Drain
their property at their expense and under the supervision
of the Town .
Upon motion duly made and seconded, it was voted to
hold Selectmen' s Meetings on the following dates : July 1- Summer
�5-29, August 12-26, and September 9, 1968. Schedule
Upon motion suly made and seconded , it was voted to
take off the table the motion to close Town Offices on
July 5, 1968. July 5
Mr. Greeley asked about the Fire and Police Depart"?
menta .
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Mr. Cataldo said that the Board made it quite clear
at budget time that they were to have 10 paid holidays .
This day does not enter into it.
Upon motion duly made and seconded, it was voted
to close Town Offices on Friday, July 5, 1968.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discuss-
Executive ing, deliberating or voting on matters which, if made
Session publicmight adversely affect the public security, the
financial interest of the Town or the reputation of any
person.
Following discussion concerning the finances of the
Town, it was voted to resume the open meeting.
Mr. Gray said that a request had been received from
the Chief of Police for the purchase of protective hel-
mets for the Policemen in the amount of $1,175.00.
Chief Corr based his request on a newspaper item which
covered the talk given by John Young at one of the local
dhurches . Mr. Young said that Lexington could not es-
cape having riots this summer.
Police Upon motion duly made and seconded, it was voted
Helmets to request the Appropriation Committee for a transfer
in the amount of $1,175.00 from the Reserve Fund to the&.
Police Department for the purchase of protective helmets .
The Chairman said that the Board should discuss and
appoint members to the Lexington Commission on Suburban
Responsibility. He had a list of ten members who were
willing to serve on the Committee.
Mr. Cataldo asked hew many organizations that have
not been heard from?
The Chairman said a member was needed for Route
128 Industries and the Chamber of Commerce.
Mr. Greeley said that the Board should select fif-
teen people
Upon motion duly made and seconded, it was voted
to appoint the following members to the Lexington Com-
mission on Suburban Responsibility; Selectmen, Roland
B. Greeley; School Committee, Elizabeth Clarke; Hous-
ing Authority, Temple Scanlon; Civil Rights, Edgar Smith;
Council of Churches, Richard Harding; League of Women
Voters, Mrs Christensen ; P. T. A. , Camillk Skov; Sen-
ior Citizens, William Melbye; Town Employee, Paul Furdon;
Planning Board , Francis T Worrell.
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Mr. Greeley said he assumed that statutory rulings
do not apply and the commission has an option as to
whether the meetings would be open or closed.
The Chairman said that, in effect, this is an ad
hoc committee You could meet privately but it would
be better to have an open meeting
Mr. Greeley said that the meeting should not be ad-
vertised as an open meeting, only be invitation.
The Chairman said that it is an organizational meet-
ing. You would want to make plans for a meeting open to
specific people not to the public.
Upon motion duly made and seconded, it was voted to
adjourn at 10:10 P.M.
A true record, Attest:
)21
Executive Clerk, Selec men
The next regular meeting of the Board will be held in
the Selectmen's Room, Town Office Building, on June 24,
1968, Monday evening, at 7:30 P.M.
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