HomeMy WebLinkAbout1964-08-10-min ,39 4
SELECTMEN'S MEETING
August 10, 196!
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, August 10, 1961 , at 7:30 P.M. Chairman Cole,
Messrs. Burnella, Brown, Cataldo and Sheldon were pre-
sent. Mr. Legro:,. Town Counsel, Mr. Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Mr. Ted Cody, 8 North Street, Lexington, applicant
for a Guide License, met with the Board.
Upon motion duly made and seconded, it was voted
to grant Mr. Ted Cody a Guide Lidense for a term expir-
ing April 1,0. 1965. Guide
The Chairman presented Mr. Cody with his license
and badge, and Mr Cody retired
Hearing was declared open upon petition of the New
England Telephone and Telegraph Company for permission
to locate underground conduit and manholes in Waltham
Street.
Mr. Robert Dunn, representing the petitioner, was Conduit
the only, person present at the hearing. location
Notice of the hearing was mailed to the petitioner,
pwners of the, property as listed on the petitioner 's
plan, and also filed wita the Superintendent of Public
Works
Mr. Dunn explained that the proposed conduit lo-
cation is necessary to provide more trunk lines between
Lexington and Waltham. It is also planned to place ad-
ditional ducts for exchange purposes.
Mr. Carroll stated that he had no objections to the
proposed location.
No one was present in favor or in opposition, and
the hearing was declared closed, and Mr. Dunn retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing conduit and manhole locations:
Waltham Street: Easterly side, northerly from Waltham
City line, approximately 1965' feet of
underground conduit; also two (2) man-
holes.
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Petition was received from the Boston Edison Company
and the New England Telephone and Telegraph Company for
permission to locate two poles on Bedford Street .
Upon motion duly made and seconded, it was voted to
grant the pet .tion and sign the order for the following
i/o pple locations:
Bedford Street, southwesterly side, at Carley Road, --
One (1) pole.
(One existing JO pole to be removed)
Bedford Street, sout8.westerly side, approximately 85
feet northwest of Reed Street, --
One (1) pole.
(One existing JO pole to be removed. )
Mr. Legro stated that he had prepared a partial
Partial release of land from a sewer betterment assessment,
release Lot 70 on Webster toad, land of James A. Carrig
Upon motion duly made and seconded, it was voted
to sign a partial release, releasing that part of the
land within the State highway as relocated in the fol-
lowing form:
PARTIAL R1T,H,,ASE OF LAND FROM SEWER BETTERMENT ASSESSMENT
At a meeting duly held on May 7, 1962, the Board of
Selectmen of the Town of Lexington, acting as a Board of
Water and Sewer Commissioners, adopted an order of construction
of sewer in Webster Road in said Lexington, and attached to
said order a schedule of estimated betterments to be as-
sessed on the particular parcels of land to receive special
benefit from the construction of said sewer, including the
land of James A. Carrig shown aB Lot 70 on Land Court Plan
No.23539B filed in Middlesex South Land Registry District
in Registration Book 517, Page 285 with Certificate of
Title No. 77501, and being p part of the land represented
by Certificate of Title No. 77382 in Registration Book
503, Page 385, on which the estimated betterment assessment
was $709.24. Said order and attached schedule were duly
filed in said Land Registry District as Document No. 37703
and noted on said Certificate of Title No. 77382.
The said Board of Selectmen of the Town of Lexington at
a meeting duly held on the 10th day of August, 1964, acting
as a Board of Wer and Sewer Commissioners, hereby releases
from the lien securing the aforesaid betterment assessment
such part of the aforesaid land of James A. Carrig as is
situated within the State Highway Location as altered by
order of the Commonwealth of Massachusetts (Department of
Public Works) , dated June 12, 196',x, filed in said Land
Registry District on June 26, 1962 as Document No. 380173;
but nothing herein contained shall be construed as an
abatement of said betterment assessment or any part thereof,
and the lien created by said betterment assessment is hereby
reserved on all other land now or formerly of said James A.
Carrig referred to in said schedule of estimated betterments.
WITNESS our hands in said Lexington this 10th day of
August, 1964.
TOWN OF LEXINGTON
/s/ Lincoln P. Cole, Jr. /s/ Levi G. Burnell
/s/ Otis S. Brown, Jr. /s/ George C. Sheldon
/s/ Robert Cataldo
Majority of the Board of selectmen
HOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. August 10, 1964
Then personally appeared the above named Lincoln P. Cole,
Jr. , Otis S. Brown,, Jr. , Levi G. Burnell, Robert Cataldo and
Georke C. Sheldon, known to me to be a majority of the duly
elected, qualified and acting Selectmen of the Town of Lexington,
and acknowledged the foregoing instrument to be their free act
and deed and the free act and deed of the Town of Lexington,
before me,
/s/ Donald E. Lesro
Donald E. Legro, Notary Public
My commission expires: March 14, 19e0
Mr. Legro referred to a Contract #3.
Mr. Carroll explained it involves the betterment
street construction for 1964. Ha took bids last Monday
on the street work for 1964 and the drainage world was
included in the same contract . He said he asked for Street and
bids on an alternate basis. Two bids were received, Drain
one from Belli Bros. and one from T. D. Sullivan. Belli Contract #3
Bros. was the low bidder, $101,007.50. He said the
figure is within the budget and the contractor has done
work for the Town before and he recommended that the
contract', be awarded to him.
Upon motion duly made and seconded, it was voted
to award the contract to Belli Bros . , the low bidder,
in the amount of $101,007.50.
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Upon motion duly made and seconded, it was voted
to sign the contract #3 between the Town and Belli Bros .
for street and drainage work, the contract having been
prepared by Town Counsel in anticipation of the award
being made to the low bidder.
Mr. Carroll brought the Board up to date on what
Kiln Brook is happening to Kiln Brook. He reported that no survey
worn has been done, but it is expected that construction
will start some time in November.
Mr. Carroll informed the Board that he will be taking
Traffic bids on the traffic lights at Worthen Road and Bedford
light bids street, and Hill and Bedford Street on August 17, at 10:00
A.M. in the Selectmen's Room.
Mr. Carroll referred to the Bedford sewage problem
and said he thought the Board should make some effort to
Bedford contact the Town of Bedford and find out exactly what is
sewage being done, as Bedford is proceeding with construction
work.
The Chairman stated that he has seen at least one
member of that Board every week, but would write the
letter as suggested.
Mr. Herman Shea, representing Cabot, Cabot & Forbes'
interest, and Mr. Allen Flynn, his associate, met with
the Board.
Mr. Shea stated the problem which he was appearing
before the Board for, is water services to the industrial
research office development, in the vicinity of Spring
Street. He said there is one facility,. Burroughs,
and it is hoped, with the assistance of the powers, that
they may have other developments there as well with equal
standing. His problem that brought him before the Board
was one of water service which he said, as the Board knew,
was originally planned to go down the Spring Street Frontage
Road to Waltham Street, bit it was decided not to construct
a water main in that frontage complex He said his company
is in the position where it must have water and is appealing
to the Town to be of assistance or at least to present its
case. He smbmitted a plan of the area and pointed out
it is planned in the construction of the alteration of
Spring Street to bring a 12" east iron water main. He
indicated on the plan the proposed location of approximately
775 feet of 8" cast iron water main and stated this main
would serve Burroughs, a proposed facility and hopefully,another
facility. He said he was requesting the Board to consider
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the case of aausing this to be this to be constructed
in the contract forthcoming and that Cabot, Cabot & Forbes
would offer, if it meets with the Board's judgment, to
pay one half the cost, the Town to pay the other half. He
said he was told the next thing is the cost of such a water
main, approximately $9.00 a foot which seems to be a reason-
able figure, a round figure of $7,000. He said his offer
to pay onehalf of the Town 's share would be based on the
construction cost. The features that prevent it being
constructed now, in part there will be serious changes
in grade. He said he thought bice br two hydrants should
be considered along with this water main.
The Chairman pointed out that anything that would be
done would be done in conjunction with the Commonwealth.
Mr. Carroll said in talking about this, why not talk
about going further, to a point which he indicated on the
plan
Mr. Shea said he was hopeful in saving the Town and
his company by securing an easement . He said this land
could be used batt only two units and it would call for a
frontage road
Mr. Carroll said Mr. Shea was asking for bile Town to
share in the cost of a main to this point here, indicating
on the plan, and was hoping to serve this property, also
indicating on the plan He said that in the future the
Town will have to extend the main and it will not be possi-
ble to assess betterments.
Mr. Shea said he could see Mr. Carroll's point. He
said he was considering these would hopefully present the
Town with some tax revenue and hoped the Town would see
the point why his company was stopping where it is.
Mr. Brown said this is going to be a service ramp
off the highway and he thought they should at least get
beyond that which will carry a great deal of traffic.
Mr. Shea said the intent is, this is all thgy need,
but he could see the Town 's position.
The Chairman asked Mr. Carroll if it would be to
the Town 's best interest to only put the water main in
to this point .
Mr. Carroll said it was his feeling that it would
be a fair thing for the Town if they were talking about
Burroughs, which he understood they were. It would be
fair for the Town to share one half the cost if it were
restricted to serving Burroughs. However, looking at
this plan, the thought came to him that it might be a
good idea to have Cabot , Cabot & Forbesput the
. water in
to here, indicating on plan, and the Town of Lexington
in the future would extend it the rest of the way at its
own expense. In this way, the Town would end up paying
332 //���)
2,
one half of the cost of the water main
Mr. Shea said his company would pay for a water main
that served it, and would be payiimg for all that it needs.
Mr. Carroll said if the Tcwn had put the water main
in the original appropriation a few months ago, it would
have assessed betterments for the entire length at $1.50
per foot on both sides.
Mr. Cataldo inquired about the length of the Frontage
Road, and Mr. Carroll stated it is one mile.
Mr. Cabaldo asked if the 8" pipe would be large enough.
Mr. Carroll replied in the affirmative and said that
would be the largest ever needed there.
The Chairman said the Board would take the matter
under advisement and let Mr. Shea know its decision.
Mr. Shea retired at 7:59 P.M.
Mr. Carroll said if Cabot, Cabot & Forbes agree to
Article pay for this, the Town will still have to appropriate
the money at a Specill Town Meeting in the fall because
the State would not consider a private individual. He
said Cabot, Cabot & Forbes would reimburse the Town.
The Chairman asked what would be fair to everyone
concerned.
Mr. Carroll said there could be an article to con-
struct a main from Spring Street to this point here, in-
dicating on plan, with the agreement that Cabot, Cabot &
Forbes would pay one half of the cost of constructing
the water main.
Mr. Cataldo said they would not pay one half of the
2,000 feet.
Mr. Sheldon asked how Cabot, Cabot & Forbes would
make out if it were put in all the way and they were
charged betterments.
Mr. Carroll said they would make out better.
Mr. Cataldo pointed out that with tie type of con-
struction it might come out the same by paying $3.00 a
foot or paying half the cost.
Mr. Carroll said he figured $9.00 a foot is right
for this type of construction.
The Chairman smggested that Mr. Carrcll figure the
cost of Cabot, Cabot & Forbes ' proposal and also the cost
for the entire length
An 8:00 o'clock appointment was ma_e for Mr. Bradford
Giddings, 3 Stetson Street, at his request, bort he failed
to keep it.
The Chairman read a portion of Mr. Giddings' letter
of July 20 with reference to his water bill.
Mr. Carroll said the meter reader could not get into
Mr. Giddings' house and left a card. The card was sent
back later than it should nave been and the billing went
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out. Mr. Giddings was unaware of the fact there was a
leak. Mr. Carroll said he appreciated the fact that Mr.
Giddings has a problem, but there are variations of this
particular problem every day.
Mr. Sheldon asked if the leak was within the structure
and Mr. Carroll replied in the affirmative and stated this
is one of the disadvantages of quarterly billing.
Mr. Brown asked if there was any obligation on the
part of the Town when there is a leak within the house .
Mr. Carroll replied in the negative and said this is
a common thing
The Chairman said the usual way of handling such a
situation is that the user of the water must pay.
Mr. Cataldo asked if the meter had been checked.
Mr. Carroll replied in the affirmative and said it
was accurate.
Mr. Cataldo said he could not see where the Town is
liable.
Mr. Burnell said, not having contributed to negli-
gence, he did not see why the Town would assume any re-
sponsibility.
The Board, after reviewing the problem, felt that
the meter had been checked and found to be correct, and
that the loss of water was in the house and therefore
the Town had no liability.
Mr. William McDonough, of the Shell Oil Company,
met with the Board Shell Oil
He stated that the company has just opened its opening
station in Lexington and plans to have a grand opening
after Labor Day. As far as the building is concerned,
it conforms to the Board of Appeals The opening will
run from September 11 through the 19th, and he would
like permission during these eight days to have on the
propserty two signs; one on Bedford Street and the other
on Worthen Road which will be within the property. He
would also like permission to put up two or three
streamers After the eight-day period, he will take
them down.
Mr Burnell said he would question what authority
the Selectmen have to grant such permission as this
would come under the Board of Appeals.
Mr. Legro said there is no question about it
Mr. McDonough asked, if it meets with the Board' s
approval, would he have to come back to the Board of
Selectmen
Mr. Legro replied in the negative.
The Chairman said the Board of Appeals would have
to hold a hearing which would be advertised.
Mr. McDonough retired at 8:15 P.M.
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Mr. Carroll stated there has been ,a drainage problem
on Hancock Street at the end of Hayes 4venue for the pest
seven or eight years. He presented a plan and explained
damage caused to property at 52 Hancock Street owned by
Mr. Moore due to the fact the drain does not work except
during light rain. Recently Mr. Mark Moore came in to the
Planning Board with a sitbdivision entitled "Jackson Heights",
just down the street from the location of the drainage
Drainage problem. He said the problem may be solved by having
Mr. Moore extend the drain up to Hancock Street and then
the Town could pick it up and go out onto Hancock Street
and tie into the drain here, indicating it on the plan.
This, as far as Mr. Moore is concerned, would be extra.
He recommended that the Board include an item for $1600,
which it would cost Mr. Moore to extend the drain to
Hancock Street, in the 1965 budget . Mr. Moore is will-
ing to put this on his subdivision plan.
The Chairman said this would be reimbursing a sub-
divider .
The Board felt the proposal as stated by Mr Carroll
would solve a problem and agreed with Mr. Carroll's re-
commendation
Mr. Legro stated that this is probably the least
expensive way it can be done
Complaint received from Miss Lee Carver about damage
to her car was referred to Town Counsel.
Claim Mr. Legro said he would refer it to Mr. Gray, as
suggested by the Chairman, after reviewing the claim.
Hearing was declared open upon petition of Mr. Murray
Herseott, 12 Rumford Road, for the recision of the restrain-
ing orders for the restraintoof his Golden Retriever,
"Blaze", that were issued on November 18, 1963 and May 4, 1964.
Mr and Mrs. Herscott , Mr. Harold E. Stevens, their
attorney, Mr. Elihu Petnov, Dog Officer Shaughnessy, and
several other persons were present
Mr. Stevens said since this petition deals with a
dog, and the dog is available and is outside in a car,
to would like permission for the Board to see the dog.
Permission was granted, and Mr. and Mrs. Herscott brought
the dog in. Mr. Stevens said he did not want to take up
time unnecessarily, and if he was dealing with something
the Board remembered from a prior hearing , he would ap-
preciate if the Board would say so.
The Chairman said the request for the hearing comes
for the dog that has been restrained, and Mr. Stevems would
have the floor first and then all those he wished to testify,
then all those opposed to the lifting of the restraint would
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have an opportunity to speak and a question period would
follow.
Mr. Stevens said the petitioner's iosition is this ;
the dog is of a breed known for gentleness with children,
a wonderful dog around the house and it is not a vicious
breed. It is a warm animal and not aggressive . Dogs
soon tome to know which one is top dog and having decided
that, that is the end of it unless some animal persists in
trying. He stated that this dog was acquired to be a
co?hpanion around the house. Mr. Herscott has children
and it was acquired to be out with the children to look
after them. These purposes are defeated as long as the dog has
to be restrained. He said the Board knew what an almost
impossible task it is to make sure the dog does not get
out because the children don't lock the doors. Every
time something like this happens, it is a violation when
there is a restraining order. The owner can be taken to
court and fined and it is an almost impossible situation
to live with. He stated that the violations that arose
in this case were hot intended to be obstinate. These
things happen. The children are there playing and that
is where the dog wants to be and that is where the dog
should be. He said he would like the Board to hear from
the owner, Mr. Murray Herscott, 12 Rumford Road.
Mr. Herscott said he purchased the dog for the enjoy-
ment and protection of the children in his family, and was
careful in the selection. He eliminated all breeds for
one that would be gentle and went to Dr. Howard Smith and
asked his advice about gentle dogs, as he also wanted to
consider other children on the street . Dr. Smith told
him the Golden Retriever is a wonderful dog Later he
notified Mr . Herscott that Mrs. Hayden Mason who has a
kennel in Lincoln had some pups, and he purchased one
of these pups which was six weeks old. He said the dog
has always been gentle with people, children, with his
family and anyone else. In order to get more enjoy-
ment , he took the dog to the Concord Training School
where he went through the first stage of dog training.
He said there never has been an occasion for him to need
a dog because of robbery, but the dog is , however, a
good watchdog. He is not a barking dog, is very quiet
and likes to play with the children .
Mr. Carl Friedman, 13 Rumford Road, said he livee
across the street and hasFfnown "Blaze" since he came to
Rumford Road. He said he has three children and he did
not believe "Blaze" , in his experience, has hurt or
caused any trouble among the children and he was happy
to have him unrestrained.
Mr. Herbert Slade, 14 Rumford Road, said he has
always found "Blaze" to be gentle . He said he also has
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young children who play with the dog, and if they were
afraid, they would not do this . He said he does not
own any animal but has them in his yard and he thought
they were equally guilty or not guilty. He said he
always found this dog to be gentle and of no trouble .
He does, occasionally, get into the garbage as do all
the other dogs.
Mr. Walter C. Clemens, 11 Rumford Road, said he
concurred entirely with Mr. Slade. He said he had
two rabbits and "Blaze" came over and did not bother
them at all. He is very gentle and he has a three year
old girl who pets him He said the dog has never been
rough with her, and he was personally very fond of the
dog. He stated that this dog is like the other dogs
in the neighborhood in that he does get into the garbage
can, but this is very common and not at all unique to
him, and may have happened two or three times in a seven
month period
Mr. Stevens submitted letters on "Blaze 's11 behalf
from Arthur J. Filgoni, mailman, Sara Ann Sutterland,
lyancy D. Hudson, and Elizabeth Gurley of Laconia Street
Donald F. Cox, 51 Laconia Street, Mary I. Johnson, 61
Laconia Street, and Mrs. Hayden Mason who bred the dog,
"Blaze".
Mr. Elihu Petnov, 73 Laconia Street, said this dog
has been let loose and caused quite a bit of damage to
the exterior of his porch. He said he has knocked
down his children and a couple of days ago, bothered
his little girl. He said the dog has been quite a
hazard. He said he raises vachshunds and when they are
in heat, he confines them. This dog comes down and knoc#s
his children down. He said he told tiese people to take
the dog and shortly he is back again. He said sometimes
he comes down the street and attacks another dog and causes
a fight, and he does not want this to happen to his children,
He said this dog only has to bite one child and everything
done here is gone for naught . He said at the moment there
are holes in his porch that have been ripped open by this
dog.
Mr. Allen Heighton said he owns dog and everything
he has heard here tonight is true. He is not a vicious
dog and he thought the children should be restrained. He
said he has quite a good sized yard and keeps his dog in,
but he can 't keep the children out. He said he did not
know what this case was all about.
Mr. Petnov said he had his little girl with him and
also his neighbor 's girl. This Saturday they were going
to New Hampshire, "Blaze" was outside and they were put-
ting their dogs in the car. It was so bad they had to
spray the dog with a hose to get him away, and Ilrs. Johnson
is recovering from gashes cut in her leg
337
The Chairman read a letter from Richard D. Gilman,
17 Rumford Road.
Mr. Stevens asked Mr. Petnov how many dogs he owned
and he replied two.
Mr. Stevens asked if they were male or female, and
Mr. Petnov replica male and female.
Mr. Stevens asked if he has had two females, and
he replied in the affirmative.
Mr. Stevens asked if when "Blaze" was on his porch
his dogs were in heat.
Mr. Petnov said the dog was not on the porch but
was confined.
Mr. 8te+¢ens asked if there was a number of dogs
on the porUsh when Mr. Herscott called for his dog, and
Mr. retnov replied that "Blaze" was the only dog.
Mr. Stevens said Mr . Herscott asked Mr. Petnov how
he (_ .,;ed "Blaze" as the dog who did the damage, and
Mr. Petnov said he was the largest dog and so he must
have done it
Mr.l'etnov said he stated that the dog was on the
porch. He said at that time there was only one dog on
the porchaand that was "Blaze".
Mr. Stevens asked if the female dog in heat was on
the porchi,. and Mr Petnov replied she was in the utility
room.
Mr. Herscctt said he went down to Mr. Petnov' s house
and found "Blaze" in the porch which is ground level.
Mr. Petnov told him "Blaze" had torn his screen door.
Mr. Herscott asked how he knew it was torn by "Blaze",
and he said he must have, because he was the biggest
dog there. He said Mr. Petnov said "Blaze" was under
restraint and his door was broken Mr Herscott said
he would take the door to the mill to lave the framework
and door repaired. The following Sunday, Mr. Petnov
came into the driveway with two doors. He said the
screening on both doors was bad, but he did not know if
his dog went through as any dog could have He said he
took one door and had it repaired although he did not
believe his dog did the damage because there were ten
dogs there He said now Mr Petnov is leaving the im-
pression that all winds of things happened and that a
woman was gas Zed when he knows definitely that a Doberman
did it
The Chairman said this Mrs. Johnson is one wno wrote
in Blaze' s behalf
Mr. Herscott said to leave things half said and
bring charges of viciousness is an awful thing and he
was forced to appeal to an attorney to bring his case to
the Board.
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Mrs. Herscott said the Board has letters from people
on Laconia Street where Mr Petnov lives They told her
at one time Mr. Petnov had three dogs, two females in
heat and at least ten dogs were there day and night in
front of his home and they had to call the police because
they could not stand it. She said her dog is thin and
has lost all his spirit and will die if this restraint
is left on.
Mr. Stevens said he wanted the Board to realize
the request is not being made so the dog will be running
around twenty-four hours a day. The fun of having a dog
is to have him at home with the children and the Herscotts
intend to keep him there, and if necessary, to tie him
at times so he will not follow the children He said
it is not a request for an opportunity to let the dog
run wild but to let him live a normal way.
The Chairman asked Officer Shaughnessy if there has
ever been any evidence of "Blaze" attacking any human
being or biting. Officer Shaughnessy replied not to
his knowledge.
The hearing was declared closed and the group retired
at 9:03 P.M.
Upon motion duly made and seconded, it was unanimously
voted to rescind the restraint orders for the restraint
of Mr. Murray Herscott ' s Golden Retriever, "Blaze", that
were issued on November 18, 1963 and May 4, 1964
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on July 27.
Upon motion duly made and seconded, it was voted
to sign the Warrant for the State Primary to be held
Warrant on Thursday, September 10, 1964, the polls to be open
from 8:00 A.M. until 8:00 P.M.
Upon motion duly made and seconded, it was voted
Jury list to adopt the Jury list for 1964-1965.
Members of the Lexington Housing Authority and the
School Committee met with the Board at the Authority's
request to discuss the property in the area bounded by
Waltham Street, Vine Brook Road and Sherburne Road.
The School Committee and the Housing Authority
presented arguments why they wanted the land, and fol-
lowing a discussion. it was agreed that Mr. Temple Scanlon,
representing' the Lexington Housing Authority, would con-
tact Mrs . Morey or Mr. Steele of the School Sites Com-
mittee and discuss sites that could have been considered
by that committee as school sites but have been discarded,
eJ c)el
but which might be used as a site for the Housing
Authority.
The group retired ,at 9:55 P.M.
The Chairman read a letter from the Planning Director
advising that the Planning Board is generally opposed to
the sale of tax title lots as sites for new residences,
unless both the following conditions are satisfied: Tax title
lots
a. Definite arrangements are made either under the
Betterment Act or under the Subdivision Control
Law for the construction of streets, on which
such tax title lots front .
b. Tax title lots are combined into building lots
(or added to existing building lots ) which con-
form or nearly conform to current zoning re-
quirements
The Chairman referred to requests for transfers from
the Bridge Charitable Fund that were held over from the Transfers
last meeting, and advised the Board that he has processed
them through Mr. George Morey.
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Upon motion duly made and seconded, it was voted
to certify the character of Harry Schector, 523 Lowell Cert. of
Street, who has applied to the State for a Certificate Inc.
of Incorporation, satisfactory references having been
received from the Chief of Police.
Letter from the Planning Board with reference to
an exchange of land with John W. Castoldi, Inc . , was
held over.
Mr. Carroll reported that Castoldi has removed
a considerable amount of gravel from the piece of land
he wants to exchange. He said as far as he is con-
cerned, both pieces of land are equal. He said if the
Board does decide it wants to make an exchange of land,
he would recommend that the hole be filled in and the
topsoil replaced.
Mr. Cataldo said this would have to come up at a
Town Meeting.
Mr. Carroll also recommended that an appraisal be
made of both parcels of land to determine the value.
Mr. Gray was requested to have appraisals made,
the one on Castoldi ' s land to be based on the parcel
being restored.
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Letter from James Haydon, 33 Homestead Street, with
reference to the condition of a lot ad3acent to his pro-
perty, was held over
Mr. Carroll reported that the Town does not own the
Complaint lot to which Mr Haydon refers He explained that the
Town does have a 10' water easement over the lot but in-
sofar as he has been able to determine, the lot is owned
by Diana Estates.
Upon motion duly made and seconded, it was voted
to adopt tae following amendments to the Traffic Rules
Traffic and Regulations of the Town of Lexington:
Rules
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN. AUGUST 10, 1964
That the Traffic Rules and Ra4gulations of the Town of Lex-
ington adopted by the Board of Selectmen on January 31, 1955
and subsequent amendments thereto be and hereby are hereby
further amended as follows:
1) By adding at the end of Article I the following new
definition:
(cc) "Intersection", The area embraced within the
extensions of the lateral curb lines, or, if none, then the
lateral boundary lines , of intersecting ways as defined
in Section 1 of Chapter 90 of the General Laws, includ-
ing divided ways.
T1m rules and regulations herein contained governing
and restricting the movement of vehicles at and near
intersecting ways shall apply at any place along any
way at which drivers are to be controlled by traffic
control signals whether or not such place is an inter-
section as herein defined
2) By striking out the derinition of Vehicle as it appears
in Article I and substituting therefor the following:
(d) "Vehicle", Every device in, upon or by which any
person or property is or may be transported or drawn
upon a highway, including bicycles when the provisions
of these rules are applicable to them, except other
devices moved by human power or used exclusively upon
stationary rails or tracks and devices which derive
their power for operation from stationary overhead wires
34
3) By inserting in Article VIII the following new section:
Section 19 Vehicle Operation at Crosswalks
(a) When traffic control signals are not in place
or not in operation the driver of a vehicle, which for
the purposes of this Article shall include bicycles ,
shall yield the right of way, slcwing down or stopping
if need be so to yield, to a pedestrian crossing the
roadway within a marked crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle
is travelling or when the pedestrian approacces from
the opposite half of the roadway to within 5 feet of
that half of the roadway upon which the vehicle is
travelling
(b) No operator of a vehicle shall pass any other
vehicle which has been stopped at a marked crosswalk to
permit a pedestrian to cross a way, nor shall any operator
enter a marked crcsswalk Until there is sufficient space
on the other side of the crosswalk to accommodate the
vehicle he is operating notwithstanding any traffic control
signal indication to proceed
August 10, 1964
Date of Passage /s/ Lincoln P . Cole, Jr.
Levi G. Burnell
Robert Cataldo
George C. Sheldon
Otis S. Brown, Jr.
Attest:
Town Clerk
AMENDMENT TO THE TRAFFIC RULES AND REGULATIONS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN. AUGUST 10, 1964
In accordance with the provisions of Chapter 90,
Section 18A of the General Laws (Ter.Ed. ) as most recently
added by Chapter 4.09 of the Acts of 1962 and in accordance
with the Pedestrian Control Standards of the Department of
3412
Mr
Public Wo ks of the Commonwealth of Massachusetts, the
Board of Selectmen of the Town of Lexington hereby enacts
the following regulations to govern the use of ways by
pedestrians. These regulations are to become effective
on January 1, 1965.
By adding at the end of Article IX the following new
Article
ARTICT.F XX
Pedestrian Control Regulations
Section 1 Pedestrians Crossing Ways or Roadways
Pedestrians shall obey the directions of police officers
directing traffic and whenever there is an officer directing
traffic, or a traffic control signal within three hundred
(300) feet ofa pedestrian, no such pedestrian shall cross a
way or roadway except within the limits of the marked cross-
walk at the signalized location and as hereinafter provided
in these regulations. For the purpose of these regulations,
a marked crosswalk shall only be construed to be that area of
a roadway reserved for pedestrian crossing located between
two solid white reflectorized 12 inch pavement markings in
rural areas or markings not le s than six inches wide in '
urban areas, said markings or lines being no less than six
feet apart
Section 2 Pedestrian Actuation
(a) At a traffic control signal location where pedestrian
indications are provided but which are shown only upon actuation
by means of a pedestrian push button, no pedestrian shall cross
a roadway unless or until the pedestrian control signal push
button has been actuated and then cross only on the proper
pedestrian signal indication. At traffic control signal
locations where no pedestrian indication is provided, pedes-
trians shall cross only on the green indication. If necessary,
the green indication shall be actuated by the pedestrian by
means of a push button .
(b) At a traffic control signal location, pedestrians
shall yield the right of way to vehicles of a funeral or
other procession or authorized emergency vehicle while in
performance of emergency duties regardless of the signal
indication given, and they shall not attempt to cross the
roadway until such vehicles or procession has passed at
which time pedestrians shall then cross the roadway only
as provided in these regulations
34 3
Section 3 Pedestrian Obedience to Traffic Control Signals
Traffic control signal color indications and legends
shall have the commands ascribed to them in this section
and no other meanings, and every pedestrian shall comply
therewith, except when otherwise directed by an officer.
(a) Red and Yellow or t -ie Word "Walk" - Whenever
the red and yellow lenses areilluminated together or the
single word "Walk" is illuminated, pedestrians facing such
indication may proceed across the roadway and in the direction
of such signal only
(b) Red Alone or "Don't Walk" - Whenever the words "Don 't
Walk" or any indication other than red and yellow shown together
are illuminated in a traffic control signal where pedestrian
indications are provided, pedestrians approaching or facing
such indication shall wait on the sidewalk, edge of roadway
or in the pedestrian refuge area of a traffic island and
shall not enter upon or cross a roadway until the proper
indication is illuminated in the traffic control signal,
but any pedestrian who has partially completed his cross-
ing on the walk indication shall proceed or return to the
nearest sidewalk or safety island on the yellow indication,
the red indication or when the words "Don 't Walk" are illumi-
nated by rapid intermittert flashes
(c) Green Alone - At traffic control signal locations
where no pedestrian indication is given or provided, pedes-
trians facing the signal may proceed across the roadway within
any marked crosswalk in the direction of the green indication
(d) Yellow alone: Red Alone or Flashing "Don 't Walk" -
Pedestrians approaching or facing a yellow, red or flashing
"Don't Walk" illuminated indication shall not start to cross
a roadway.
(e) Flashing Red, Yellow or Green - At any traffic
control signal location where a flashing red, flashing yellow arflash-
ing green indication is being given facing a crosswalk, pedes-
trians shall actuate, where provided, the pedestrian signal
indication and cross the roadway only on the red-yellow
or "Walk" indication when such indication is in operation
If no pedestrian signal is provided, pedestrians shall
cross within crosswalks with due care
Section L. Pedestrian Crossings and Use of Roadways
(a) It shall be unlawful for any person to actuate a
pedestrian control signal unless a cressing of the roadway
is intended
344 '
Section 5 Operators to Exercise Due Care
The provisions of these regulations shall in no way
abrogate the provisions of Chapter 90, Sections 14 and
14A of the General Laws (Ter . Ed. ) which provide : "Pre-
cautions for Safety of Other Travelers" and for the
"Protection of Blind Persons Crossing Ways" . Furthermore,
notwithstanding the provisions of these regulations every
operator of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon the roadway and shall
give warning by sounding the horn when necessary and shall
exercise proper precautions which may become necesssary for
safe operation.
Section 6 Officers to Enforce Pedestrian Regulations
These pedestrian control regulations shall be enforced
by all officers of the Town of Lexington on and after
January 1, 1965.
Section 7 Exemptions
The provisions of these rules and regulations govern-
ing the use of ways by pedestrians shall not apply to pedes-
trians actually engaged in work upon a roadway closed to
travel or under construction or repair, to municipal,
state0 federal or public service corporation employees
while in the performance ofAlyikr duties, to officers engaged
in the performance of their/duties or to pedestrians acting
in an emergency when such emergency necessitates departure
from any part of these rules and regvtlations.
Section 8 Penalties
Any person who violates the provisions of this Article
which deal with the proper use of ways by pedestrians shall be
punished as provided in Chapter 90, Section 18A of the
General Laws (Ter. Ed. ) as most recently added by Chapter 409
of the Acts of 1962.
Section 9 Effect of Regulations
All existing rules and regulations governing the operation
of vehicles or the vise of ways by pedestrians which are incon-
sistent herewith are hereby expressly repealed. This repeal
shall not, however, affect any punishment or penalty imposed
or any complaint or prosecution pending at the time of pas-
sage hereof for any offense committed vtnder any of the said
rules and regulations hereby repealed.
1
345
If any section, sub-section, sentence, clause or phrase
of these rules and regulations is for any reason unconsti-
tutional, such decision shall not affect the validity of
the remaining portion of these bules and regulations. The
Board of Selectmen of the Town of Lexington hereby declares
that it would have passed these rules and regulations and
each section, sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentence, clauses or phrases be declared unconsti-
tutional.
August 10, 1961
Date of Passage /s/ Lincoln P. Cole, Jr.
Levi G. Burnell Board
Robert Cataldo of
George C. Sheldon Selectmen
Otis S. Brown, Jr.
Attest
II
Town Clerk
Mr. Gray reported that he had granted permission
to Mr Mitchell Spiris, School Department, to use Gary Use Of
Memorial Building on September 2 for a luncheon to be hall
given to new teachers.
Mr. Gray reported that an additional $1,000 is
needed for Medical Fire amd Police.
Upon motion duly made and seconded, it was voted Transfer
to request the Appropriation Committee to transfer the
sum of $1,000 from the Reserve Fund to the Medical Fire
and Police Account
The Chairman read a letter from the Lexington His-
torical Society submitting the names of Max H. Straw
and Donald E. Noyes as candidates for Associate Members
of the Historic Districts Commission. Appointmer
Upon motion duly made and seconded, it was voted
to appcint Mr. Max H, Straw as Associate Member of the
Historic Districts Commission for a five-year term ex-
piring January 1, 1969.
Mr. Legro retired t 10:L0 P.M.
346
cp;
The Chairman read a letter from Representative
F. Bradford Morse to which was attached a copy of the
new Civil Rights Act. He said when the Bc . d originally
received the petition to create a Human Relations Committee,
it tried to reason out everything that could possibly happen.
He said that Mr. Kent felt tie committee should consist of
Human respected citizens of the Town. He said he recently received
relations the suggestion that perhaps former members of the Boards of
Selectmen would make up the committee. He reported that
three former members of the Boards are willing to serve and
there may be others. The suggestion is to create a study
committee cons sting of from three to five membe_ s whose
functions it would be to report back to the Board.
Upon motion duly made and seconded, it was voted
that a committee of from three to five former Selectmen
be appointed as a study group on the human relations '
problem to report back to the Board of Selectmen not later
than December 1, 1964 with its recommendations as to what
future action should be taken; the report to encompass
action, lack of action or whatever might be indicated.
The Chairman said three members have indicated their
willingness to serve, and one will decide tomorrow. He
asked if the Board wanted to leave the authority to him
to appoint the committee.
Mr. Cataldo said the Chairman would have to come
back to tie meeting to get the official appointment
Mr. Sheldon suggested that the Board could move to
appoint the three individuals who are willing to serve.
The Chairman said the appointments have been com-
fined to one group of people familiar with the Town and
advised that the three who have accepted are Mr. Donald E.
Nickerson, Mr. Lewis L. Hoyt and Mrs. Ruth Morey.
Upon motion dmly made and seconded, it was voted
to appoint Messrs. Nickerson and Hoyt and Mrs. Morey tt
serve as a study group on the human relations ' problem
as outlined in the above-mentioned vote of the Board.
The following individuals were drawn for Jury duty:
Sander A. Buchman, 59 Turning Mill Road, and Seymour
Handman, 23 Burroughs Road.
The meeting adjourned at 10:50 P.M.
A true record, Attest: 0. /
, � �-
ec iv Clerk, Selec�n
pr v \\
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