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HomeMy WebLinkAbout1965-01-04-min SELECTMEN'S MEETING January 4, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 4, 1965, at 7 :30 P.M. Chairman Cole, Messrs. Brown, Burnell and Cataldo were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. Legro stated he had an Order of Taking of the alteration in the Woodhaven sewer, about which Mr. Carroll spoke to the Board a week ago. He advised there were no damages assessed in the original taking and there are no Sewer damages assessed in this order. Order of Upon motion duly made and seconded, it was voted Taking to execute the Order of Taking of the alteration in the Woodhaven sewer as prepared and submitted by Mr. Legro. The Chairman read a letter from the 1775 Realty Trust stating the position of the Trust relative to the proposal of the Town to widen Massachusetts Avenue. He said, basically, this is what the Board has been talking about right along. He said in his letter to the Trust it was stated that it was the consensus of opinion of the Board. All Boards are not unanimous , and he thought this is what the Trust is asking for. Mr. Cataldo suggested that the communication be filed for the record. Mr. Legro asked what the Trust meant by abatement of taxes pro rata. The Chairman replied once the Town has taken over the property. Mr. Legro explained that the Board of Assessors is the only Board that can abate taxes, and advised that the Assessors should be brought into this. Mr. Cataldo said the letter states the conditions the Trust would like, but it does not mean the Board has to accept them, and the Trust was told that the matter of taxes is strictly up to the Board of Assessors. Memorandum from Douglas T. Ross , 33 Dawes Road, rela- tive to an even area exchange of land was held over from the last meeting of the Board. Mr. Cataldo explained that Mr. Ross wants to give 8500 feet of back land, which he indicated on a plan, for 8500 feet of front land, which he also indicated on a plan. ' 538 r, The Chairman asked if an appraisal would show one parcel to be worth more than the other. Mr. Cataldo said there was no doubt about it, and he could see no advantage to the Town. The Chairman asked if this was a matter that should be referred to the Planning Board for its reaction. He said if the Board is interested, an appraisal should be made of the two parcels Mr. Brown stated, before going tothe expense of obtaining an appraisal, it is obvious that the front parcel is worth more than the parcel in the rear. The Chairman suggested getting the Planning Board's reaction. (A copy of Mr.Ross ' letter was sett to that Board by Mr. Ross. ) Letter from the TMMA with reference to reports of advisory committees on warrant articles was held over from the last meeting of the Board. Copies of the letter were sent to each member of the Board and to Town Counsel Mr. Carl Blake, Chairman of the TMMA Executive Committee, stated the attempt of the letter is to get information to the Town Meeting members as early as possible with the intent of having as informed a Town TMMA re Meeting as can possibly be gotten. He said the associ- Reports ation has submitted this questionnaire to all Town Meet- on articles ing Members and listed the resolutions. It is urging that the association receive the information at least two days in advance. The second part is an attempt to put a bit of a bite into it, in a sense, what do they do if they don't get the reports in time. He said the association has suggested that it move to postpone the principal motion relating to an article on which there is new information or on information presented during presentation of the motion; something on which the Town Meeting Members have not had the time to con- sider new data . He said this is the kind of thing they are trying to face up to and to create a structure that will do best service in getting individual action from the Town Meeting. He said the principal advantage() would be the Appropriation Committee and the Capital Expenditure Committee. It would also include the Planning Board, Standing School Building Committee. It could include all. The Chairman asked if this could not be misused. Mr. Blake replied anything of this type could be misused. This slaws them up to the extent to talk about things that warrant being deferred a bit. He said some of the association are concerned, particularly with the Appropriation Committee 's questioning glances . This was true on the Town Barn article. He said he was sure 5:39 the reasons are clear, but he would have felt better if they had caucused a bit, and come back with a solid front. He said he would like to see the meeting stopped long enough for the people to determine whether they proceed with the information they have or wait until they have more information The Chairman asked if Mr. Blake wanted the Town Meeting to adopt the resolutions . Mr. Blake replied in the negative and stated they were asking, as an organization, to adopt these as an operating policy of the Town Meeting Members Association. Mr. Hagedorn said he did not think any discipline is involved. All thy are asking is that the motion be put before the Town Meeting to see what the thinking is at that time. They thought it would be foolish unless a majority of the Town Meeting felt this is worth adopt- ing. He said his own feeling would be the discipline could be taken a different way. If this seemed to be a good thing, then it would be easy, if desirable, to pass a Town By-Law which said something similar to this. Mr. Blake said there is nothing that says they can't make this motion anyway. Mr. Hagedorn said it is a way of putting the finger on someone to look at things. The Chairman asked if they didn't think most infor- mation has reached Town Meeting Members two days before Town Meeting. Mrs. Battin said not on Special Town Meetings. She said this is a way to advise Town Meeting Members. They would like time to think about the Board 's advice. The Chairman asked if the informational meetings didn't serve this purpose . He said he and Mr. Gray had some experience with other towns. The other towns do not get anywhere near the information to the Town Meeting Members. Mr. Cataldo, in referring to the informational meet- ings, said most of the reports are in by that night and that more Town Meeting Members should attend these infor- mational meetings. Many questions could be cleared up at that time. Mr. Hagedorn said he felt if the information were available in advance of the information meetings, it would be possible for people to formulate their questions and ask them at that time. Things do change and there is a lot of late information. Two days is really not enough. Mr. Cataldo said he felt the information meetings have the information and if more people attended them, it would solve a lot of problems. The Chairman explained the Board is not opposing the giving out of information in advance ; informational meetings 40 rr CM are a big help. It gives the Board questions it may not have thought of. He said the Board was not opposing any- thing like this, but he could not see how it would help the orderly transaction of business if it has to be two days before. Mr. Blake said it is not intended that this be hard and fast. It is only a case where new information might be brought up. The Chairman said the Board is not against giving out information if it has it, and that he could see this being misused. Mr. Blake said he could remember the time when the Capital Expenditures Committee, on the floor of Town Meeting, discovered a lot of numbers relating to the High School for the first time. The motion was defeated beacuse they could give no information and appeared to be taken by sur- prise. He said had this situation existed under these rules, maybe the thinking would have been delayed and they would have had an opportunity to weigh the figures that appearned new. The Chairman asked what the association wanted the Board to say. He asked if it wanted the Bca rd to say it is in favor or it is not. Mr. Blake said he would like the Board's opinion. Mrs. Battin said at the last Town Meeting they did not have a report of the Capital Expenditures Committee inwriting, and the Town Meeting did not know how the Capital Expenditures Committee felt about these things. There are instances when it would have been nice to know what they think about it. She said the Planning Board report is never out at the informational meetings. Mr. Cataldo said he agreed the more information the Town Meeting Members have, the more intelligently they can vote, and suggested that if all the facts were con- sidered instead of personalities, more could be accomplished. He asked how the information would be distributed if the reports were out two days. Mrs. Battin replied it would be mailed to the Town Meeting Members . The Chairman asked by whom. Mr. Hagedorn said he thought the two resolutions were being confused at this time. For Annual Town Meet- ings, the Capital Expenditures Committee and the Appropri- ation Committee are required to get out reports. The Planning Board is not required to do this. The Chairman asked if the Town Report could be in- terpreted as a report of the advisory committees. He said there is information in the Town Reports that people like to refer to. I , -A Mr. Hagedorn said that was a good idea. Mr. Blake said he objected to the t,rms discussed. He would rather make it permissive or some word between per- missive and directive. The Chairman said the Selectmen were not going to be in a position to object to anything that would further enlighten Town Meeting Members . He said there are other elected Boards and the onus should be on them to get the reports out. He said anything under the Board's control it can see that the reports are out in two days, preferably sooner. Mr. Blake said he may have misimplied that he was expecting a formal reply. The Chairman said this is on the agenda tonight and the Board can formalize a reply which it is. The Chairman read a letter from the Conservation Commission relative tothe acquisition of a portion of the land referred to as "Swenson's Farm", requesting the insertion of an article in the warrant for the March Conser- Meeting. vation The Chairman asked how the Board felt about keeping article the warrant open. Mr. Cataldo said, for the record, he would disqualify n ims a if. Mr. Brown said the Commission has advised the Board of its intent and the warrant should be kept open. Mr. Burnell said this is simply providing a place in the warrant for the article . The Chairman said he was in favor of having an article in the warrant, but he was not disposed to favoring it. Mrs. Morey asked, if the land were taken for conser- vation purposes, it could be used for a school site The Chairman replied thrt , in order to be reimbursed by the State, he understood it has to be taken for conser- vation purposes. Mrs . Morey said the School Sites Committee has land across the street and will have an article on it . She advised the Board to keep this in mind in discussing this with Mr. Sussman Mr. Cataldo asked if the Committee was not consider- ing more land in the Moreland Avenue site. Mrs. Morey said they were going to discuss this. The Cotton land is being considered for a future high school and if the Board favors the Swenson land as Town property, maybe it should allow for a school on that site. The Chairman asked if the committee would be willing to drop the Cotton land. Mrs . Morey replied she was saying, let 's negotiate. 42 a' d Cn The Chairman asked if the Cotton land was any nearer a solution. Mrs. Morey replied not amicable. The Chairman asked if the Board would like to have the Conservation Committee meet with it next week, and it was so agreed. Mr. Arthur Burrell, Director of Civil Defense, met with the Board at 8:00 P.M. and reported on three bids received on the warning system. He explained that the Warning low bidder was the Edwards Company, manufacturer of the system bid equipment which was bid in the three bids. He recom- mended that the bid be awarded to the low bidder Mr. Brown asked if Mr. Burrell was asking for bonding. Mr. Burrell replied in the affirmative, for the amount of the job. He said, as he understood it, this requires a contract to be drawn by Town Counsel The Chairman asked if Mr. Burrell wanted to approach Town Counsel on this or if he wanted the Board to . Mr. Burrell replied this is a new area to him and the Selectmen are the awarding authority. Mr. Cataldo asked if the Town had to live up to any Federal specifications in the method of awarding in order to be entitled to matching funds . Mr. Burrell replied the bills are paid by the State and the Federal government has already forwarded the money to the State. He will forward the bills to the State for payment. It was agreed that Mr. Burrell should obtain a stand- ard form of contract from the Superintendent of Public Works, work out a contract and submit it to Town Counsel. Upon motion duly made and seconded, it was voted to award the contract to the low bidder, the Edwards Company, at its quotation of $22,745.00. Mr. Burrell retired at 8:21 P.M. Mr. Carroll said the main item he would like to discuss is the streets, so notices can be sent out. It was agreed to hold hearings on proposed acceptance of the following streets : Cutler Farm Road, Hudson Road, Melrose Avenue, Columbus Street, Bennett Avenue, Chase Avenue, Grandview Avenue, Wright Street, Bruce Road and Skyview Road. The Chairman said the Board was making a preliminary approval of an expenditure of $79,100 but it would depend on the hearings . Mr. Carroll advised that he would like permission to promote Warren Empey, W-3 equipment operator at $2.43 an hour to W-6 Step 3, foreman, at $2.55 an hour to fill the vacancy caused by Mr.Frederick Maloney's death. 543 Upon motion duly made and seconded, it was voted to grant Mr. Carroll's request. Request from the Metropolitan Building Movers Co. , for permission to move a house to 15 Webster goad, was held over from the last meeting. Mr. Carroll reported the location includes Pleasant Street, but the building should not go on Pleasant Street. He said it should go on private property. He has dis- Permit cussed the subtlect with the mover and he will arrange to move the building outside the boundary of Pleasant Street. Upon motion duly made and seconded, it was voted to grant the Metropolitan Building Movers Co. permission to move a building to 15 Webster goad, subject to Mr. Carroll approving the proposed route The Chairman read a letter from the Lexington Rotary Club requesting the Town to assume the responsibility of putting up and taking down the Creche on the Common each Creche year. Mr. Carroll reported there is no problem, and it would be easier for the Town to handle this . Upon motion duly made and seconded, it was voted to have the Park Department assume full responsibility for erecting and removing the Creche on the Common each Christmas; the Lexington Rotary Club to assume responsi- bility for maintenance and necessary replacements. The Chairman read a letter from Mr. Carroll proposing a change in the Plumbing By-Law to make it mandatory that all new homes connected to public sewers be required to Garbage install garbage disposals. disposals Upon motion duly made and seconded, it was voted to forward the subject to the Standing Plumbing and Build- ing By-Law Committee for study and recommendations. Mr. Burnell said he would like to talk about the changes in the Tin By-Laws, and said he was asking the Board for its recommendations or approval of the General By-Laws as they apply to the Public Works Department. General Mr. Carroll referred to page 7, section L . He By-Laws said there is now more than one Town Office Building and so he assumed this should be plural. He referred to section 6 and said the question is whether or not this particular section should be enlarged to include other offices to be kept open eight hours a day. He said it does not say the Public Works Department and does not include the various offices that occupy the Town Offices. Mr. Cataldo pointed out Civil Defense is half a day and the Police are twenty-four hours a day 01 Mr. Burnell asked if the Board's interpretation was that the Board of Selectmen included the Department of Public Works. The Chairman replied all those offices under the Board of Selectmen. Mr. Legro advised there is a statute requiring certain offices bo be open eight hours a day unless otherwise pro- vided by Town By-Law. He said he thought this particular section of the by-Law intends to provide it Mr.Burnell, a member of the committee, asked if the wording "offices of the Board of Selectmen" included all other departments under the Board such as the Public Works, Engineering, etc. , or if they had to be specified. Mr. Legro replied he would suspect it was intended to use all the various departments when it was written. He thought the purpose was to keep certain offices, that pro- vide service to the people, open during specified hours. , and the Public Works Office is not necessarily in that category. He said the question comes, does the Board want to broaden the By-Law. The Chairman said his answer was to broaden the By-Law. Mr. Legro advised that the Board, as Selectmen, can control this without making a hard and fast by-law. Mr. Cataldo felt it should not be tied down that tight He said the Board of Selectmen could see that the public is served anyway. Mr. Carroll referred to page 8 and said at the top of the page he had a question regarding a suitable place for free dumping. The question, he said, is whether or not the word "free" should be taken out of thane and make it public dumping because the Town does charge commercial vehicles for dumping. Mr. Legro said the permit is more a regulatory matter to control the commercial trucks. The Chairman asked if it would clarify it if the word "free" were taken out. Mr. Legro replied he did not think so. The permit is regulatory and if not, the Board has no right to charge. Mr. Carroll said he thought it would be well to take the word "free" out of there. The Chairman said future Boards can charge this if they want to. Mr. Legro said the Board can recommend to Town Meet- ing. It was agreed to leave the word "free" in. Mr. Carroll said section 1 and section 2 are obsolete and recommended that both do not belong in the General By-Laws. He referred to section 2 and said the Board should adopt rules and regulations that require the property owners to pay the entire cost of the water service from the main to the house. 545 Mr. Legro suggested a covering paragraph - water mains, a provision for the extension of water mains and that the Selectmen shall, upon petition, extend water mains in such accepted or unaccepted streets in accordance with rules and regulations adopted by the Board of Selectmen in effect at the time of the petition. He said the committee should make sure and not take out a By-Law that is required by statute. It was agreed to take these two sections out and to substitute a new section. Mr. Carroll referred to page 15, article 12, which refers to the removal of snow and ice in Lexington Center He said since this description was written, there have been some changes and he thought these should be taken into consideration in writing the By-Law. The Chairman said it should include all areas Mr. Carroll referred to the secti n on coasting and skating and said in his opinion that secti n should be deleted and should just prohibit sliding andskating on any strut in the Town Mr. Carroll referred to section 52, page 20, with reference to excavations in streets. He asked if this type of paragraph should refer to the Selectmen or authorized representatives. Mr. Legro said that he thought this was implied. Hd did not think they could be specific in a general By-Law; the questionoof whether it will be delegated does not have to be specified in the By-Law. It was agreed not to include "authorized representa- t ive". Mr. Carroll retired at 9:07 P.M. Upon motion duly made and seconded, it was voted to approve bond on behalf of Julian Roberts, Deputy Collector, No. 65627, in the amount of $5,000 for a Bond period ending December )1, 1965; bond having been ap- proved by the Commissioner of Corporations and Taxation. Upon motion duly made and seconded, it was voted to accept the bid of Somerville Printing Company of $5.65 perage for 700 copies of the 1964 Annual Town Report Bid and $$4.05 per page for 500 copies of the School Depart- ment report Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on December 28, 1964, as amended. I l __ 546 #V. tl 01 Upon motion duly made and seconded, it was voted to grant the following licenses : Joseph A. Costa Taxi Driver renewal Franklyn J. Crosby " " " Don A. Eriksson n It n James E. Cosgrove " " " Kenneth P. Kelley, Jr. " " n Rolfe H. Bryant n n " Donald F. Bryant n " " Henry W. Jenks " n New Joseph W. Miller " " renewal William R. Callahan If n n Countryside Fish & Chipe Common Victualler " Anthony's Restaurant n " " Five Forks Service Center " " n Meredith Foods Inc. " " " MawhinneyMotor Sales, Inc. 1st Class Agent if Concord ill Market Common Victualler " Auto Engineering Inc. 1st Class Agent n Dunn Ford Sales Inc. n " " n Colonial Garage Inc . " " i" " Rowe Chevrolet, Inc. " " " Wild Acre Inn Lodging House ., - " The Chairman said , in the matter of Wild Acre Inn, he had the Building Inspector make an inspection. 111 Mr. Gray reported there are nine rooms available License for lodgers. The other rooms are for the family and the handyman. There are four on one floor and five on the other. There are two lodgers there now. Upon motion duly made and seconded, it was voted to sign the Lodging House License approved last week for Virginia Coleman, d.b.a. Wild Acre Inn, 50 Percy Road, Lexington. Telephone call was received from Mr. Gordon Steele, Articles Chairman of the School Sites Committee, advising that his committee will have two articles for the March Town Meeting. Upon motion duly made and seconded, it was voted Town Meet- to hold the Annual TownMeeting on Monday, March 15, 1965, ing at 8:00 P.M. Mr. Gray stated last year there was an item on the ballot for the Town to pay a percentage of the Blue Cross and Blue Shield for retired employees. Everyone was under the impression this covered all the retired em- ployees, but it did not cover those retired before 1959. 54 He said he felt it was the intent of the Town Meeting to include all retired employees and asked if the Board Blue Cross wanted to request a ballot vote to cover employees re- Blue Shield tired prior to 1959 Upon motion duly made and seconded, it was voted to place the question on the ballot to enable Town em- ployees retired prior to 1959 to participate in the Town's Blue Shield-Blue Cross program. The Chairman asked Mr. Gray about a referendum on the ballot regarding a Leash Law. Mr. Gray reported he could find nothing in the statute that covers a leash law. The Town can make By-Laws con- cerning licensing and restraining dogs . If something were placed on the ballot, it would be an expression of opinion only. The Chairman said the Town passed a referendum article several years ago that nothing would be put on the referandum unless it was passed by Town Meeting and asked if this law would have any effect on the Board 's ability to put in a referendum. Mr. Legro advised it is very unusual to have a re- presentative Town Meeting and then put a question to the Town at large. The Chairman said this would be put to the Town before the Town Meeting met. Mr. Legro asked if he megnt for the purpose of creating a By-Law. The Chairman replied in the affirmative. Mr. Legro advised this is not the way to do it. He said if the Board wanted a By-Law, it would pass a By-Law at the representative Town Meeting. He explained the purpose in the referendum is to keep the law-making body within the representative Town Meeting. The Chairman asked if the Board felt it should have an article in the warrant for a leash law. Mr. Cataldo asked if this could go to referendum for an expression of opinion. Mr. Legro said he would not say the Board couldn't do it, and if the Board wanted to put the question, he would give it some consideration and give the Board an answer. The Chairman said the Board has been discussing this for a while and the Board wants some way to present it to the people at large, and as Town Counsel has indicated, the proper way is before Town Meeting. If they pass it, fine, then it could go to referendum. Mr. Legro said, if it passed The Chairman said the question is, does the Board want to include an article in the warrant. 18 . C CI Mr. Cataldo stated the Board is more or less committed to some form of action. He explained his thinking on the referendum was it would give an indication of the peoples ' feeling and the Town Meeting Members would act accordingly, supposedly. He said regardless of the referendum, the Board would have to put an article in the warrant. The Chairman said this would be to amend the By-Laws of the Town requiring all dogs be leashed. Upon motion duly made and seconded, it was voted to insert an article in the warrant to amend the General By-Laws to include a Leash Law Mr. Brown eras recorded in opposition. The Public Facilities Building Committee met with the Board. Mr. York said his committee wants to have a meeting before the end of the week, before the warrant closes. It is the committee 's purpose to go on with its plans so it may go ahead with this building. The committee has bean supported very well by all the Town Boards, and the Town Meeting Members have voted in favor of going ahead with the plans. He said the committee would like to enter an article in the warrant before Friday when it closes which will request funds to build this building. He said be called the Chairman of the Board today who thought it was a matter to discuss with the Board. The Chairman said there are a lot of things that will cost a lot of money. It is a question of which comes first. He felt this was an article that could he postponed for a year. Mr. York said he thought he spoke for the committee Public and it would like to see the article in the warrant and Facilities if need by, at the time it could be postponed. He said Building if it is not in the warrant, a whole year will be lost plias a year for construction, and this is two years . He said the tentative figure is $38,000 for the building. A builder. in Town will build it at his cost which means this figure has a 10% plus a 5% profit in it. Mr. Cataldo asked if the committee was discussing the building or inserting an article . The Chairman replied the Board would insert an article if the committee requests it. He doubted if the Board would back it up because it wants to concentrate on get- ting Massachusetts Avenue widened this year. Mr. York said the widening of Massachusetts Avenue might be defeated at Town Meeting. Mr. Kolovson asked if the Selectmen would give this some backing if the funds were not requested for another year. If approved, it would at least get them by the General Court. 1049 The Chairman said the committee could not build it without funds. Mr.Kolovson said they would not begin for a yew . Mr . Cataldo explained funds would have to be appropri- ated and a future Town Meeting could not be committed. He said oth r than the funds, there are a lot of questions he felt are unanswered yet, regardless of the Center . He said one of the Board' s main concerns is the location. Another concern is what p<rt the Chamber of Commerce will have in this . What will the Town's responsibility be once the building is built. What are the actual plans for the building. He said these are things the Board would like to know. Mr. York explained there is an architect working on definite plans now. The Chamber of Commerce is to man the building twelve months out of a year for so many hours a day. There will be someone at the information booth. Mr. Cataldo asked if the Chamber 's position would be information and not maintenance. Mr. York replied they will have nothing to do with the maintenance . Mr. Cataldo asked if there would be any cost to the Chamber of Commerce. Mr. York replied the Town will have the cost of the maintenance: The Park Department takes care of the toilet sections that are there now. This would be a full year 's program. He said, tentative figures, janitorial ser- vices would be about $1700 as a part time job. Mrs . Morey said when this comes up, there should be an appropriation for building, but there must be a definite figure. She said she was concerned about submitting the article. She said she felt this should be reported back to Town Meeting. If it seems advis- able to table it, it can be done that wdy. She said the committee has an obligation to present a oomplete picture to the Town Meeting. If it is tabled, it is tabled. If it is voted, it is voted. Mr. Cataldo asked if the article would carry a speci- fic location. Mr. York said the Battle Green area is the termin- ology used in the past . The committee has agreed on the location nearer the present barn. Mr . Cataldo said the Selectmen were a four to one vote against that location. Mr. Kolovson said he thought it was the sense of the Board that if the committee came in with a unanimous recommendation, the Board would go along with it . The Chairman said that was his statement . The ability to police the building depends on the location. 550 ' c- 01 Mr. Cataldo said the Board asked for a layout of access to the proposed location. Mr. York said that was given to the Board on the second plan. Mr. Cataldo said this was not actual and he had asked what the distances were from the street . Mrs . Morey said everything like this has to be prepared for presentation. The Chairman said the committee wants an article and personally, he was willing to put the article in the warrant without committing himself to endorse it. Mr. Cataldo said the entire Board was willing to insert an article. Mr. Cataldo said the Traffic Study Committee was asked for an opinion. Mr. Gray said there was a minority report by the Chief and Superintendent of Public Works that the first choice of location as proposed by the committee would create a tra ffic problem. The committee, however, was asked to report on the traffic only. Mr. Burnell said it was felt that the building should be placed near a parking area. He said the build- ing is placed so it serves a purpose for the out-of-town visitors and the convenience building for visitors here looking at the historical areas, and also placing it from an aesthetic standby and to prevent closing in on the Green. Mr. Kolovson said if the Board is going to oppose location #1, no one wants to go to Town Meeting where the Board of Selectmen is opposed The Chairman asked if there was any more difficulty in policing one area than another. He said it would appear to be easier to police a building nearer the street. Mr. Cataldo said he recalled that Mr. Sheldon was very definitely opposed to the #1 location. Mr. York said the Historic Districts Commission, off the record, expressed a strong feeling against the area near Meriam Street. The Commission does not want a building between Meriam Street and Buckman Tavern. The Chairman said the Board had right now resolved the basic thing, to put an article in the warrant . Mr. Cataldo said at the last meeting held on this subject, the Board voted four to one in favor of site #2. Mr. York said the committee 's instructions from the Chairmai of the Board were to get together on his com- mittee and the Board would back it up. Mr. Brown said site #1 may be fine next year, but ten years hence, it could be a problem. He said he agreed with Chief Rycroft 51 Mr. Cataldo pointed out the further back any building is placed, the better it looks. Mr. York said his committee had accomplished what it wanted, to get an article in the warrant, and he would talk to the Chief relative to traffic control. The committee retired at 10:00 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. Following discussion with Town Counsel pertaining to the Law Department, it was voted to resume the open meeting. At 10 :55 P.M. , the Planning Board met with the Selectmen The Chairman asked if the Board had discussed the combination zoning of the properties on Massachusetts Avenue so the third floor could be used for apartments. Mr.Bryson, new Chairman of the Planning Board, replied in the negative. He stated Mr. Gray asked Btn. Zaleski to poll the Board He and Mr. Greeley felt they would like to think about it a little longer. Mr. Greeley said he did not like it and would like to be convinced it is necessary The Chairman said the 1775 Trust cannot build a three-story building. Mr. Greeley asked, until plans are made for the Center, why the Board should plan for a three-story building. The Chairman said anything to do with the Center entails widening Massachusetts Avenue . In order to go through with the deal at all, they have to have in- come from apartments on the third floor. Mr. Bryson said they could say so, but it does not make it so. He said it seems it is possible to put up a two-story building and make it feasible. Mr. Cataldo mentioned that this piece of land has to pay for itself He said 15,000 square feet of building, two stories, will give 75% of the income of three stories . Their basic cost will be there anyway Theycould put up a three-story building, have stores on the first floor and offices on the second and third floors. Mr. Bryson agreed. Mr. Cataldo asked why they couldn't have apartments on the third floor instead of offices . He said the cz 01 Trust feels it is economically impossible to support a two-story building. Mr. Meyer said he wanted to see Massachusetts Avenue widened, and asked if it is less economical to have offices on the third floor than to have apartments, should the Board recommend a change in zoning in a whole area or pay the extra money. He said if the zoning is changed, it will not be for this one building. Mr. Cataldo said if this does not happen, both build- ings will stay. The Chairman said one of the Trust 's prerequisites is that it remain the same use. Mr. Cataldo said the building would look no different if they had three stories of offices. Mr. Campbell said the Chamber of Commerce met with the Planning Board and the Board will go along with an overall plan, either 701 or a private plan. Mr. Cataldo pointed out that the unfortunate thing is, the eases expired January 1 on the Hunt Block. They don't want to wait for the Board to go into Town Meeting for a survey of the Center. Mr. Bryson said they could sign a one-year lease. Mr. Cataldo said the present occupants may, but the Trust has some good potential people coming into the building and they don't want to lose them. They have two good outfits who want to come into the existing block. Mr. Bryson asked if the Board didn't think it would lose the other issue on Town Meeting floor by getting this one. Mr. Cataldo said he felt the new study to be made will be for the complete overall study. Mr. Greeley said these people must nave third-floor apartments to break even, but every building in the Town has been made of two-stories and they seem to be making out all right. He said it does not seem this fact is one that must be accepted. A request has been made for a preliminary study and he thought the result of the study will be more reliable than the owners of the property who would like a three-story building. Mr. Cataldo said the damage cost tothe Town would be greater limiting them to a two-story building. Mr. Campbell asked why the damages would be so much greater, and Mr. Cataldo replied because of the loss of the third story. They feel they can rent the third floor as apartments but no offices. Mr. Bryson said he doubted very much if Town Meeting would go along with what the Board heard here last week. The Chairman asked if he bought the fact that Massa- chusetts Avenue has to be widened. 11 Mr. Bryson said he did, but he had a certain price The Chairman asked if he would go along with taking the property by eminent domain and taking a chance in the court. Mr. Bryson replied he might . Mr. Cataldo asked on what basis he felt the price to be too high. Mr. Bryson replied it seemed the Town was paying damages for a whole building. ng. The Chairman said they can keep the building the way it is and use it the way they plan to. Mr. Meyer pointed out that putting an article in the warrant for a change of zaing does not assure that it will be passed. He said if the Board went ahead and worked out some change in the C-2 zone, he thought it would then be wise to negotiate with these people on the basis of its passage or failure to pass. Mr. Bryson said he was not saying the Planning Board is against this, but it would like to think about it and not make a decision in five minutes. The Chairman said he was under the impression the Planning Board had information. Mr. Bryson explained that the Planning Board heard about it and not make a decision in five minutes. The Chairman said he was under the impression the Planning Board had information. Mr . Bryson explained that the Planning Board heard about it last week and has not met until this evening, and he would like to see a summary of the statements the Chairman made tothe Board verbally Mr . Cataldo said there is a time situation almost unlivable and suggested that the Planning Board might get together other than at a scheduled meeting. Mr. Bryson said they would try. Mr. Greeley asked why the time issue was so critical. If this is not acted on at this Town Meeting, what happens . Mr. Cataldo explained the Trust will improve the building, and signing of leases is important . The Board has them at the point now where they are interested in co-operating Mr. Gree*ey said but not inter sted enough to wait for the Chamber of Commerce study. Mr. Cataldo said there is no guarantee that any owner will accept it. Mr. Greeley said if these people could wait for the plan, it might be advantageous all the way around. The thing has been status quo for thirty years. Now the owners decide there must be a decision made . He said the situation, it seems to him, is one where it has been ?Ime4 tz 01 a profitable operation for thirty years and could stand it for one more. He suggested that perhaps two-year leases could be signed. Mr. Cataldo said the Board is trying to get a fair deal for everyone concerned. Mr. Greeley said it was not fair to the Town to try and commit it in a hurry at the same time it is embarking on a co-operative study to see what can be done. He said he was talking about a zoning change and this is asking the Planning Board if it wants to make a complete reversal of its thinking without advance study. Mr. Meyer mentioned that Town Meeing voted to elimi- nate residences from C-2 greas The Chairman said the existing uses are nonconforming. Mr. Meyer said there are two principles colliding more or less headon. If he felt this was necessary to insure..the widening of Massachusetts Avenue, at any reason- able cost, he might well backtrack on apartments with proper safeguards to see Massachusetts Avenue go through. He mentioned the possibility of proposing an article for the March Meeting and pointing out the zoning change re- quires a two-thirds vote and see if negotiations can be carried on wiiether the change passed or did not pass. He said he would rahter pay $50,000 more for a building and not have apartments. Mr. Bryson said he did not feel he had all the facts, and it seemed to him so far that the Town is taking the brunt . He said obviously it is to the advantage of the merchants to improve their property. Mr. Meyer said he would like to propose an article that would make no commitment on the Boardts part and he thought that he would like to discuss this as a Board. Mr. Gray gave the Planning Board prepared information which had been compiled for the Selectmen. Mr. Greeley said he thought there should be an article and also thought it should be pretty well tied up so there are small apartments and discourage apart- ments large enough for family apartments. The Chairman said if the Planning Board could meet and come up With some sort of an answer, Mr. Zaleski could let Mr. Gray know. The Chairman asked if the Planning Board was going to have an article on Spring Street. Mr.Bryson replied in the affirmative, and Mr. Greeley advised that there will be a petition. The Planning Board retired at 11:25 P.M. The meeting adjourned. A true record, Attest: v/ ec iv ler$, Sele c en